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2 III

Contents Federal Register Vol. 63, No. 199

Thursday, October 15, 1998

Agriculture Department Customs Service See Forest Service RULES See Grain Inspection, Packers and Stockyards Financial and accounting procedures: Administration Harbor maintenance fee; exporters liability removed See Natural Resources Conservation Service Correction, 55332–55333 NOTICES Air Force Department Automation program test: NOTICES Account-based declaration prototype, 55426 Meetings: Scientific Advisory Board, 55372 Defense Department See Air Force Department Army Department See Army Department NOTICES See Defense Logistics Agency Privacy Act: See Navy Department Systems of records, 55372–55373 NOTICES Grants and cooperative agreements; availability, etc.: Census Bureau Institutions of higher education ineligible for Federal NOTICES funds; list, 55371–55372 Meetings: African American, American Indian and Alaska Native, Defense Logistics Agency Asian and Pacific Islander, and Hispanic Populations NOTICES Census Advisory Committees, 55360 Privacy Act: American Indian and Alaska Native Populations Census Systems of records, 55373–55375 Advisory Committee, 55360–55361 Education Department Centers for Disease Control and Prevention NOTICES NOTICES Agency information collection activities: Trademarks, Government-owned; availability for licensing, Submission for OMB review; comment request, 55375– 55397–55398 55376 Grants and cooperative agreements; availability, etc.: Civil Rights Commission Freely-associated States educational grant program, NOTICES 55491–55493 Americans with Disabilities Act; hearing, 55359 Model professional development national awards program, 55495–55496 Coast Guard NOTICES Energy Department Meetings: See Energy Research Office Chemical Transportation Advisory Committee, 55422 See Federal Energy Regulatory Commission

Commerce Department Energy Research Office See Census Bureau NOTICES See Export Administration Bureau Meetings: See International Trade Administration High Energy Physics Advisory Panel, 55377 See National Oceanic and Atmospheric Administration See Patent and Trademark Office Environmental Protection Agency NOTICES Committee for the Implementation of Textile Agreements Meetings: NOTICES State FIFRA Issues Research and Evaluation Group, Cotton, wool, and man-made textiles: 55387 Bulgaria, 55368–55369 Pesticide programs: China, 55369 Registration Division (1999 FY) workplan, 55387–55388 Korea, 55369–55370 Nepal, 55371 Export Administration Bureau Special access and special regime programs; participation NOTICES denial: Meetings: Ezrasons, Inc., 55371 Information Systems Technical Advisory Committee, 55361 Comptroller of the Currency RULES Federal Aviation Administration Federal Deposit Insurance Act: RULES Safety and soundness standards, 55486–55489 Airworthiness directives: Year 2000 guidelines, 55479–55486 Bob Fields Aerocessories, 55321–55324 IV Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Contents

British Aerospace, 55325–55327 Federal Maritime Commission Mooney Aircraft Corp., 55324–55325 NOTICES Raytheon Aircraft Co., 55327–55328 Freight forwarder licenses: Class E airspace, 55329–55332 Milam Cargo, Inc., et al., 55389 PROPOSED RULES Airworthiness directives: Federal Reserve System Airbus, 55352–55354 RULES Boeing, 55343–55345 Federal Deposit Insurance Act: British Aerospace, 55350–55352 Safety and soundness standards, 55486–55489 Dassault, 55348–55350 Year 2000 guidelines, 55479–55486 Fokker, 55345–55346 NOTICES Saab, 55346–55348 Banks and bank holding companies: Class E airspace, 55354–55355 Formations, acquisitions, and mergers, 55389–55390 NOTICES Permissible nonbanking activities, 55390 Advisory circulars; availability, etc.: Air crewmember qualifications; briefing material, 55422– Federal Trade Commission 55423 NOTICES Meetings: Premerger notification waiting periods; early terminations, RTCA, Inc., 55423 55391–55397

Federal Communications Commission Food and Drug Administration RULES NOTICES Common carrier services: Human drugs: Access charges— Patent extension; regulatory review period Special access lines; presubscribed interexchange determinations— carrier charge; ceiling increases postponed, 55334– Aldara (4,689,338), 55398–55399 55336 Reports and guidance documents; availability, etc.: NOTICES Non-contraceptive estrogen class labeling; industry Meetings: guidance, 55399–55400 Telecommunications mergers; En Banc hearings, 55389 Forest Service Federal Deposit Insurance Corporation NOTICES RULES Meetings: Federal Deposit Insurance Act: Northwest Sacramento Provincial Advisory Committee, Safety and soundness standards, 55486–55489 55359 Year 2000 guidelines, 55479–55486 Geological Survey NOTICES Federal Election Commission Federal Geographic Data Committee: NOTICES Biological nomenclature and taxonomy data standard, Meetings; Sunshine Act, 55389 55402 Grant and cooperative agreement awards: Federal Energy Regulatory Commission Texaco Group Inc., 55402 NOTICES Electric rate and corporate regulation filings: Grain Inspection, Packers and Stockyards Administration Consolidated Water Power Co. et al., 55383–55385 RULES Environmental statements; availability, etc.: General regulations: Summit Hydropower, Inc., 55385 Official agency definition; CFR correction, 55321 Environmental statements; notice of intent: Northwest Pipeline Corp., 55385–55387 Health and Human Services Department Applications, hearings, determinations, etc.: See Centers for Disease Control and Prevention Caprock Pipeline Co., 55377 See Food and Drug Administration Kentucky West Virginia Gas Co., L.L.C., 55377–55378 See National Institutes of Health KN Interstate Gas Transmission Co., 55378 KN Wattenberg Transmission L.L.C., 55378–55379 Housing and Urban Development Department Michigan Gas Storage Co., 55379 RULES MIGC, Inc., 55379 Low income housing: Mississippi River Transmission Corp., 55379 Housing assistance payments (Section 8)— NorAm Gas Transmission Co., 55380 Multifamily housing mortgage and housing assistance Nora Transmission Co., 55379–55380 restructuring program (mark-to-market program), Northern Natural Gas Co., 55380–55381 etc.; correction, 55333 Select Energy, Inc., 55381 TCP Gathering Co., 55381 Immigration and Naturalization Service Transcontinental Gas Pipe Line Corp., 55381–55382 NOTICES Tuscarora Gas Transmission Co., 55382 Agency information collection activities: Viking Gas Transmission Co., 55382 Submission for OMB review; comment request, 55411– Williston Basin Interstate Pipeline Co., 55382 55412 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Contents V

Interior Department Maritime Administration See Geological Survey NOTICES See Land Management Bureau Applications, hearings, determinations, etc.: See Minerals Management Service Chrysler Corp., 55423–55424 See National Park Service See Reclamation Bureau Minerals Management Service NOTICES Internal Revenue Service Outer Continental Shelf operations: RULES Production suspension due to uneconomic market Income taxes: conditions, guidelines; notice to lessees and Euro currency conversion; tax issues guidance for U.S. operators; rescission, 55405 taxpayers conducting business with European countries replacing their currencies National Highway Traffic Safety Administration Correction, 55333 NOTICES PROPOSED RULES Meetings: Income taxes: Safety performance standards— Earned income credit (EIC) eligibility requirements; cross Vehicle regulatory program, 55424 reference Hearing cancelled, 55355 National Institutes of Health NOTICES NOTICES Agency information collection activities: Meetings: Proposed collection; comment request, 55426–55427 National Heart, Lung, and Blood Institute, 55400 Income taxes: Scientific Review Center, 55400–55401 Form 1040PC program discontinuance for tax years 1999 Women’s Health Research Advisory Committee, 55401 and beyond; comment request, 55427 National Oceanic and Atmospheric Administration International Trade Administration RULES NOTICES Fishery conservation and management: Antidumping and countervailing duties: Alaska; fisheries of Exclusive Economic Zone— Automatic liquidation regulation for resellers; comment Pacific cod, 55340–55341 request, 55361–55364 Pollock, 55342 Critical circumstances determinations; policy change Trawl gear in the Gulf of Alaska, 55341–55342 regarding timing of issuance, 55364–55365 Tuna, Atlantic bluefin fisheries, 55339–55340 PROPOSED RULES International Trade Commission Fishery conservation and management: NOTICES Northeastern United States fisheries— Import investigations: Mid-Atlantic Fishery Management Council et al.; Coated optical waveguide fibers and products containing meetings, 55355–55357 same, 55406–55407 New England Fishery Management Council; meetings, Electric rubber tape from— 55357 India, 55407 Northeastern United States fisheries and American Five-year sunset reviews— lobster— Steel jacks from Canada, et al., 55407–55408 Vessels issued limited access Federal fishery permits; regulatory consistency in permit provisions, Justice Department 55357–55358 See Immigration and Naturalization Service NOTICES NOTICES Agency information collection activities: Pollution control; consent judgments: Proposed collection; comment request, 55365 Akzo Coatings, Inc., et al., 55408 Environmental statements; notice of intent: Calaveras Cement Co., 55408–55409 Tortugas Ecological Reserve, Florida Keys National ConAgra, Inc., 55409 Marine Sanctuary, FL; meetings, 55365–55366 Lake Geneva Associates et al., 55409–55410 Meetings: Lightman, Jerome, et al., 55410 Alaska; fisheries of Exclusive Economic Zone— Navajo Refining Co., 55410 Steller sea lions and pollock fisheries; avoiding North American Galvanizing Co. et al., 55410–55411 interactions in Gulf of Alasa and Bering Sea/ Occidental Chemical Corp. et al., 55411 Aleutian Islands region, 55366 International Commission for Conservation of Atlantic Land Management Bureau Tunas, U.S. Section Advisory Commission, 55367 NOTICES Alaska Native claims selection: National Park Service Eyak Corp., 55402 NOTICES Organization, functions, and authority delegations: Environmental statements; availability, etc.: Montana/Dakotas; office reorganization and name change, Redwood National and State Parks, CA, 55405–55406 55402–55403 Realty actions; sales, leases, etc.: Natural Resources Conservation Service Idaho, 55403–55404 NOTICES Resource management plans, etc.: Field office technical guides; changes: Otero and Sierra Counties, NM, 55404–55405 Connecticut and Rhode Island, 55359 VI Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Contents

Navy Department Research and Special Programs Administration NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 55375 Proposed collection; comment request, 55424–55426

Nuclear Regulatory Commission Securities and Exchange Commission NOTICES Meetings: NOTICES Reactor Safeguards Advisory Committee, 55413–55414 Applications, hearings, determinations, etc.: Sealed source and device evaluation and approval authority Scudder Global Fund, Inc., et al., 55418–55421 relinquishment by Arkansas and reassumption by NRC, 55414–55415 State Justice Institute Applications, hearings, determinations, etc.: NOTICES International Uranium (USA) Corp., 55412 Grants, cooperative agreements, and contracts; guidelines, O’Hern, Shaun P., 55412–55413 55429–55469 Meetings; Sunshine Act, 55421 Patent and Trademark Office NOTICES Agency information collection activities: Textile Agreements Implementation Committee Proposed collection; comment request, 55367–55368 See Committee for the Implementation of Textile Agreements Pension Benefit Guaranty Corporation RULES Thrift Supervision Office Single-employer plans: RULES Allocation of assets— Federal Deposit Insurance Act: Interest assumptions for valuing benefits, 55333–55334 Safety and soundness standards, 55486–55489 NOTICES Year 2000 guidelines, 55479–55486 Multiemployer and single-employer plans: Interest rates and assumptions, 55415–55416 Transportation Department Personnel Management Office See Coast Guard RULES See Federal Aviation Administration Acquisition regulations: See Maritime Administration Health benefits, Federal employees— See National Highway Traffic Safety Administration Improving carrier performance; conforming changes, See Research and Special Programs Administration 55336–55339 NOTICES Agency information collection activities: Postal Service Submission for OMB review; comment request, 55421– RULES 55422 Domestic Mail Manual: Automated flats; new specifications, 55471–55478 NOTICES Treasury Department Privacy Act: See Comptroller of the Currency Systems of records, 55416–55418 See Customs Service See Internal Revenue Service Public Health Service See Thrift Supervision Office See Centers for Disease Control and Prevention See Food and Drug Administration United States Information Agency See National Institutes of Health NOTICES Art objects; importation for exhibition: Railroad Retirement Board Treasures of Russia from Peterhof-Summer Palace of the NOTICES Czars, 55427 Meetings; Sunshine Act, 55418

Reclamation Bureau Veterans Affairs Department NOTICES NOTICES Environmental statements; notice of intent: Agency information collection activities: Central Valley Project, CA, 55406 Submission for OMB review; comment request, 55428 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Contents VII

Separate Parts In This Issue

Part II State Justice Institute, 55429–55469

Part III Postal Service, 55471–55478

Part IV Department of Treasury, Comptroller of the Currency; Federal Reserve System; Federal Deposit Insurance Corporation; Office of Thrift Savings, 55479–55489

Part V Department of Education, 55491–55493

Part VI Department of Education,, 55495–55496

Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. VIII Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Contents

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 800...... 55321 12 CFR 30 (2 documents) ...... 55462, 55468 208...... 55462 263...... 55462, 55468 364 (2 documents) ...... 55462, 55468 570 (2 documents) ...... 55462, 55468 14 CFR 39 (4 documents) ...... 55321, 55324, 55325, 55327 71 (5 documents) ...... 55329, 55330, 55331 Proposed Rules: 39 (6 documents) ...... 55343, 55345, 55346, 55348, 55350, 55352 71...... 55354 19 CFR 24...... 55332 24 CFR 401...... 55333 402...... 55333 26 CFR 1...... 55337 Proposed Rules: 1...... 55355 29 CFR 4044...... 55333 39 CFR 111...... 55454 47 CFR 69...... 55334 48 CFR 1609...... 55336 1632...... 55336 1652...... 55336 50 CFR 285...... 55339 679 (5 documents) ...... 55340, 55341, 55342 Proposed Rules: 648 (3 documents) ...... 55355, 55357 649...... 55357 55321

Rules and Regulations Federal Register Vol. 63, No. 199

Thursday, October 15, 1998

This section of the FEDERAL REGISTER SUMMARY: This document publishes in SUPPLEMENTARY INFORMATION: contains regulatory documents having general the Federal Register an amendment Discussion applicability and legal effect, most of which adopting Airworthiness Directive (AD) are keyed to and codified in the Code of 98–21–21, which was sent previously to On October 2, 1998, the FAA issued Federal Regulations, which is published under all known U.S. owners and operators of priority letter AD 98–21–21, which 50 titles pursuant to 44 U.S.C. 1510. aircraft equipped with Bob Fields applies to aircraft equipped with Bob The Code of Federal Regulations is sold by Aerocessories inflatable door seals Fields Aerocessories inflatable door the Superintendent of Documents. Prices of installed in accordance with the seals installed in accordance with either new books are listed in the first FEDERAL applicable supplemental type certificate the applicable supplemental type REGISTER issue of each week. (STC). These inflatable door seals could certificate (STC) or through field also be installed on aircraft through approval. This AD requires either: field approval.This AD requires either —de-activating the electric door seal DEPARTMENT OF AGRICULTURE de-activating the electric door seal inflation system; fabricating and inflation system; fabricating and installing a placard specifying that the Grain Inspection, Packers and installing a placard specifying that the system is inoperative; and inserting a Stockyard Administration system is inoperative; and inserting a copy of the AD into the Limitations copy of the AD into the Limitations 7 CFR Part 800 Section of the airplane flight manual Section of the airplane flight manual (AFM); or General Regulations (AFM); or removing all provisions of the —removing all provisions of the Bob Bob Fields Aerocessories inflatable door Fields Aerocessories inflatable door CFR Correction seals installation, and installing original seals installation, and installing In Title 7 of the Code of Federal equipment manufacturer door seals or original equipment manufacturer door Regulations, parts 700 to 899, revised as an FAA-approved equivalent that is of seals or an FAA-approved equivalent of Jan. 1, 1998, page 456, § 800.0 different design than the referenced Bob that is of different design than the paragraph (b)(59) is corrected to read as Fields Aerocessories inflatable door referenced Bob Fields Aerocessories follows: seals. The AD resulted from occurrences inflatable door seals. of overheated components associated That AD resulted from numerous § 800.0 Meaning of terms. with the electric door seal inflation reported occurrences of overheated * * * * * system on aircraft equipped with the components associated with the electric (b) * * * affected inflatable door seals. The door seal inflation system on aircraft (59) Official agency. Any State or actions specified by this AD are equipped with Bob Fields Aerocessories local government agency, or any person, intended to prevent smoke and a inflatable door seals installed in designated by the Administrator possible fire in the cockpit caused by accordance with the applicable pursuant to subsection (f) of section 7 of overheating of the electric door seal supplemental type certificate (STC). the Act for the conduct of official inflation systems, which could result in One of the above-referenced inspection (other than appeal passenger injury. occurrences resulted in a safety inspection), or subsection (c) of section DATES: Effective October 30, 1998, to all recommendation from the National 7A of the Act for the conduct of Class persons except those to whom it was Transportation Safety Board (NTSB). In X or Class Y weighing (other than made immediately effective by priority this incident, an in-flight electrical fire review of weighing). letter AD 98–21–21, issued October 2, caused the pilot of a Cessna Model * * * * * 1998, which contained the requirements P210N to initiate an emergency descent of this amendment. with a successful landing and only BILLING CODE 1505±01±D Comments for inclusion in the Rules minor airplane damage. NTSB Docket must be received on or before investigation revealed that the fire December 13, 1998. originated on the cabin sidewall, under DEPARTMENT OF TRANSPORTATION ADDRESSES: Submit comments in the left side of the instrument panel and triplicate to the Federal Aviation resulted in burned vinyl, plastic, and Federal Aviation Administration Administration (FAA), Central Region, insulation material. An overheated Office of the Regional Counsel, 14 CFR Part 39 resistor used in an electric door seal Attention: Rules Docket 98–CE–88–AD, inflation system caused the fire. The [Docket No. 98±CE±88±AD; Amendment 39± Room 1558, 601 E. 12th Street, Kansas resistor was used to reduce the 28-volt 10844; AD 98±21±21] City, Missouri 64106. aircraft electrical system’s voltage to Information related to this AD may be meet the power requirements of the RIN 2120±AA64 examined at the FAA at the address door seal system’s 14-volt air pump referenced above. motor. Airworthiness Directives; Bob Fields FOR FURTHER INFORMATION CONTACT: Mr. The inflatable door seals on this Aerocessories Inflatable Door Seals Paul S. Wells, Jr., Aerospace Engineer, airplane were installed in accordance AGENCY: Federal Aviation FAA, Los Angeles Aircraft Certification with STC SA4212WE, which the FAA Administration, DOT. Office, 3960 Paramount Boulevard, issued to Bob Fields Aerocessories. The Lakewood, California 90712; telephone: purpose of the seals is to decrease in- ACTION: Final rule; request for (562) 627–5354; facsimile: (562) 627– flight cabin noise caused by ill-fitting comments. 5210. cabin doors. The FAA has issued 55322 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations numerous other STC’s that allow this Determination of the Effective Date of Regulatory Impact installation on other make and model the AD airplanes. In addition, these Bob Fields The regulations adopted herein will Aerocessories inflatable door seals Since it was found that immediate not have substantial direct effects on the could be installed on aircraft through corrective action was required, notice States, on the relationship between the field approvals. and opportunity for prior public national government and the States, or All of the aircraft involved in the comment thereon were impracticable on the distribution of power and occurrences incorporate Bob Fields and contrary to the public interest, and responsibilities among the various Aerocessories inflatable door seals. good cause existed to make the AD levels of government. Therefore, in Investigation results of three other effective immediately by individual accordance with Executive Order 12612, occurrences reveal the following: letters issued on October 2, 1998, to all it is determined that this final rule does —An electric door seal inflation pump known U.S. operators of aircraft not have sufficient federalism that was mounted on the forward side equipped with the affected inflatable implications to warrant the preparation of the nose bulkhead was found door seals that were installed in of a Federalism Assessment. heavily charred; accordance with the applicable STC. The FAA has determined that this —The pump assembly and resistors of These conditions still exist, and the AD regulation is an emergency regulation the electric door seal inflation system is hereby published in the Federal that must be issued immediately to were partially melted; and Register as an amendment to section correct an unsafe condition in aircraft, —Vinyl, plastic, and insulation material 39.13 of the Federal Aviation in the proximity of the electric door and is not a ‘‘significant regulatory Regulations (14 CFR 39.13) to make it action’’ under Executive Order 12866. It seal inflation system were found effective as to all persons. burned. has been determined further that this action involves an emergency regulation Further analysis of all of these Comments Invited under DOT Regulatory Policies and occurrences revealed leaks in the Bob Although this action is in the form of Procedures (44 FR 11034, February 26, Fields Aerocessories inflatable door a final rule that involves requirements seals. Each electric door seal inflation 1979). If it is determined that this affecting immediate flight safety and, emergency regulation otherwise would system consists of an electric motor, an thus, was not preceded by notice and air pump, inflatable silicon door seals, be significant under DOT Regulatory opportunity to comment, comments are a pressure sensing switch, an air supply Policies and Procedures, a final invited on this rule. Interested persons control valve, a resistor assembly, a 7.5- regulatory evaluation will be prepared are invited to comment on this rule by amp in-line fuse, a caution light, and and placed in the Rules Docket. A copy submitting such written data, views, or electrical wiring. The motor draws of it, if filed, may be obtained from the arguments as they may desire. power directly from the airplane’s Rules Docket at the location provided battery bus and is used to inflate the Communications should identify the under the caption ADDRESSES. Rules Docket number and be submitted door seals to a pressure of about 10 List of Subjects in 14 CFR Part 39 pounds per square inch (psi). A sensor in triplicate to the address specified in the air pump determines when the above. All communications received on Air transportation, Aircraft, Aviation pressure drops below 10 psi, at which or before the closing date for comments safety, Safety. time the air pump motor starts back up will be considered, and this rule may be again until obtaining proper pressure. amended in light of the comments Adoption of the Amendment The standard time period for the air received. Factual information that supports the commenter’s ideas and Accordingly, pursuant to the pump to inflate the door seal is about 4 authority delegated to me by the to 12 seconds. During this time, the suggestions is extremely helpful in Administrator, the Federal Aviation caution light remains illuminated. evaluating the effectiveness of the AD If the door seal has a small leak, the action and determining whether Administration amends part 39 of the pump turns on and off to maintain the additional rulemaking action would be Federal Aviation Regulations (14 CFR desired inflation pressure. When this needed. part 39) as follows: small leak develops to a larger leak, the Comments are specifically invited on PART 39ÐAIRWORTHINESS air pump may run continuously to keep the overall regulatory, economic, DIRECTIVES the door seal inflated. This could cause environmental, and energy aspects of the resistors or the air pump motor to the rule that might suggest a need to 1. The authority citation for part 39 overheat. This would cause smoke and modify the rule. All comments continues to read as follows: a possible fire in the cockpit. submitted will be available, both before Authority: 49 USC 106(g), 40113, 44701. The FAA’s Determination and and after the closing date for comments, Explanation of the AD in the Rules Docket for examination by § 39.13 [Amended] Since an unsafe condition has been interested persons. A report that identified that is likely to exist or summarizes each FAA-public contact 2. Section 39.13 is amended by develop in other aircraft equipped with concerned with the substance of this AD adding a new airworthiness directive Bob Fields Aerocessories inflatable door will be filed in the Rules Docket. (AD) to read as follows: seals installed in accordance with either Commenters wishing the FAA to 98–21–21 Bob Fields Aerocessories: the applicable supplemental type acknowledge receipt of their comments Amendment 39–10844; Docket No. 98– certificate (STC) or through field submitted in response to this rule must CE–88–AD. approval, the FAA issued priority letter submit a self-addressed, stamped Applicability: Inflatable door seals, AD 98–21–21 to prevent smoke and a postcard on which the following installed either in accordance with the possible fire in the cockpit caused by statement is made: ‘‘Comments to applicable supplemental type certificate overheating of the electric door seal Docket No. 98–CE–88–AD.’’ The (STC) or through field approval, that are inflation systems, which could result in postcard will be date stamped and installed on, but not limited to, the following passenger injury. returned to the commenter. aircraft: Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55323

Affected STC Make and model aircraft affected

SA3735NM ...... Cessna Models 170, 170A, and 170B Airplanes. SA4136WE ...... Cessna Models 310, 310A, 310B, 310C, 310D, 310E, 310F, 310G, 310H, 310I, 310J, 310K, 310L, 310N, 310P, 310Q, 310R, T310P, T310Q, and T310R Airplanes. SA2226NM ...... Cessna Models P210N and P210R Airplanes. SA3736NM ...... Cessna Models 185, 185A, 185B, 185C, 185D, A185E, and A185F Airplanes. SA4177WE ...... Cessna Models 175, 175A, 175B, and 175C Airplanes. SA4212WE ...... Cessna Models 210, 210A, 210B, 210C, 210D, 210E, 210F, 210G, 210H, 210J, 210K, 210L, 210M, 210N, T210F, T210G, T210H, T210J, T210K, T210L, T210M, T210N, 210±5 (205), and 210±5A (205A) Airplanes. SA4213WE ...... Cessna Models 310, 310A, 310B, 310C, 310D, 310F, 310G, 310H, 310I, 310J, 310K, 310L, 310N, 310P, 310Q, 310R, T310P, T310Q, and T310R Airplanes. SA4283WE ...... Cessna Models 172, 172A, 172B, 172C, 172D, 172E, 172F, 172G, 172H, 172I, 172K, 172L, 172M, and 172N Airplanes. SA4284WE ...... Cessna Models 180, 180A, 180B, 180C, 180D, 180E, 180F, 180G, 180H, 180J, and 180K Airplanes. SA4285WE ...... Cessna Models 182, 182A, 182B, 182C, 182D, 182E, 182F, 182G, 182H, 182J, 182K, 182L, 182M, 182N, 182P, 182Q, R182, and TR182 Airplanes. SA4286WE ...... Cessna Models 206, P206, P206A, P206B, P206C, P206D, P206E, TP206A, TP206B, TP206C, TP206D, TP206E, U206, U206A, U206B, U206C, U206D, U206E, U206F, U206G, TU206A, TU206B, TU206C, TU206D, TU206E, TU206F, and TU206G Airplanes. SA4287WE ...... Cessna Models 320, 320A, 320B, 320C, 320D, 320E, 320F, and 320±1 Airplanes. SA4180WE ...... Raytheon (Beech) Models H35, J35, K35, M35, N35, P35, S35, V35, V35A, V35B, 35±33, 35±A33, 35±B33, 35± C33, 35±C33A, E33, E33A, E33C, F33, F33A, F33C, G33, 36, A36, A36TC, and B36TC Airplanes. SA4184WE ...... Raytheon (Beech) Models 95, B95, B95A, E95, 95±55, 95±A55, 95±B55, 95±B5A, 95±B55B, 95±C55, D55, E55, 56TC, 58, and 58A Airplanes. SA4239WE ...... Raytheon (Beech) Models 58P, 58PA, 58TC, and 58TCA Airplanes. SA4240WE ...... Raytheon (Beech) Models 50, B50, C50, D50, D50A, D50B, D50C, D50E, D50E±5990, E50, F50, G50, H50, and J50 Airplanes. SA4282WE ...... Raytheon (Beech) Models 35, A35, B35, C35, D35, E35, F35, G35, and 35R Airplanes. SA4178WE ...... Mooney Models M20, M20A, M20C, M20D, M20E, M20F, M20G, M20J, and M20K Airplanes. SA4472NM ...... Aerostar Models PA±60±601P, PA±60±602P, and PA±60±700P Airplanes. SA4234WE ...... The New Piper Aircraft, Inc. (Piper) Models PA±34±200, PA±34±200T, and PA±34±220T Airplanes. SA4179WE ...... Piper Models PA±24, PA±24±250, PA±24±260, and PA±24±400 Airplanes. SA4235WE ...... Piper Models PA±44±180 and PA±44±180T Airplanes. SA4236WE ...... Piper Models PA±28±140, PA±28±150, PA±28±160, PA±28±180, PA±28±235, PA±28±151, PA±28±181, PA±28± 161, PA±28±236, PA±28±201T, PA±285±160, PA±28S±160, PA±28S±180, PA±28R±180, PA±28R±200, PA± 28R±201, PA±28R±201T, PA±28RT±201, and PA±28RT±201T Airplanes. SA4237WE ...... Piper Models PA±23, PA±23±160, PA±23±235, PA±23±250, and PA±E23±250 Airplanes. SA4238WE ...... Piper Models PA±30, PA±39, and PA±40 Airplanes. SA4385WP ...... Piper Models PA±31, PA±31±300, PA±31±325, and PA±31±350 Airplanes. SA4288WE ...... Piper Models PA±32±260, PA±32±300, PA±32S±300, PA±32±301, PA±32±301T, PA±32R±300, PA±32R±301, PA±32R±301T, PA±32RT±300, and PA±32RT±300T Airplanes. SA2511NM ...... Bellanca Models 17±30, 17±31, and 17±31TC Airplanes. SA2510NM ...... Bellanca Models 17±30A, 17±31A, and 17±31ATC Airplanes. SA4316WE ...... Wing Aircraft Company Model D±1 Airplanes.

Note 1: This AD applies to each aircraft (a) Deactivate the electric door seal instrument panel within the pilot’s clear identified in the preceding applicability inflation system by accomplishing the view: provision that has the affected inflatable door following: ``ELECTRIC DOOR SEAL INFLATION seals installed, regardless of whether it has (1) Disconnect the battery. SYSTEM INOPERATIVE. THIS AIRPLANE been modified, altered, or repaired in the (2) Locate the air pump and identify the CAN ONLY BE OPERATED IN area subject to the requirements of this AD. power wire to the air pump. UNPRESSURIZED FLIGHT'' (3) Trace the power wire to its connection For aircraft that have been modified, altered, (6) Reconnect the battery before returning or repaired so that the performance of the to the airplane’s original electrical power system. Disconnect the power wire at its to service. requirements of this AD is affected, the (b) Insert a copy of this AD into the attachment to the airplane’s electrical power owner/operator must request approval for an Limitations Section of the airplane flight system and stow the wire end. alternative method of compliance in manual (AFM). (4) For non-pressurized airplanes or for accordance with paragraph (f) of this AD. The (c) As an alternative method of compliance request should include an assessment of the airplanes that have an operating manual door to the actions of paragraph (a), including all effect of the modification, alteration, or repair seal inflation system, fabricate a placard that subparagraphs, and paragraph (b) of this AD, incorporates the following words utilizing on the unsafe condition addressed by this remove all provisions of the Bob Fields letters that are at least 0.10-inch in height, AD; and, if the unsafe condition has not been Aerocessories inflatable door seals, and and install this placard on the instrument eliminated, the request should include install original equipment manufacturer door panel within the pilot’s clear view: specific proposed actions to address it. seals or an FAA-approved equivalent that is of different design than the referenced Bob Compliance: Required prior to further ``ELECTRIC DOOR SEAL INFLATION Fields Aerocessories inflatable door seals. flight after the effective date of this AD, SYSTEM INOPERATIVE'' (d) As of the effective date of this AD, no unless already accomplished. (5) For pressurized airplanes or for person may install on any aircraft, Bob Fields To prevent smoke and a possible fire in the airplanes that do not have an operating Aerocessories inflatable door seals either in cockpit caused by overheating of the electric manual door seal inflation system, fabricate accordance with the applicable STC or door seal inflation systems, which could a placard that incorporates the following through field approval. result in passenger injury, accomplish the words utilizing letters that are at least 0.10- (e) Special flight permits may be issued in following: inch in height, and install this placard on the accordance with §§ 21.197 and 21.199 of the 55324 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

Federal Aviation Regulations (14 CFR 21.197 bracket. This AD is the result of the process, develop minor cracks at the and 21.199) to operate the airplane to a manufacturing of several of the MLG leg bends, which could propagate over location where the requirements of this AD brackets using laser pattern cutting. The time. can be accomplished provided the following brackets, when manufactured using this are adhered to, as applicable: Interested persons have been afforded (1) Locate and remove the in-line fuse for process, develop minor cracks at the an opportunity to participate in the the electric door seal inflation system; or bends, which could propagate over making of this amendment. No (2) Pull the system circuit breaker for the time. The actions specified by this AD comments were received on the electric door seal inflation system; and are intended to prevent failure of the proposed rule or the FAA’s (3) For pressurized airplanes or for MLG side brace bolt caused by cracking determination of the cost to the public. airplanes that do not have an operating of the MLG leg bracket, which could manual door seal inflation system, operate result in MLG collapse with consequent The FAA’s Determination the airplane in unpressurized flight only. loss of control of the airplane during (f) An alternative method of compliance or After careful review of all available adjustment of the compliance time that taxi, takeoff, or landing operations. information related to the subject provides an equivalent level of safety may be DATES: Effective November 26, 1998. presented above, the FAA has approved by the Manager, FAA, Los Angeles The incorporation by reference of determined that air safety and the Aircraft Certification Office (ACO), 3960 certain publications listed in the public interest require the adoption of Paramount Blvd., Lakewood, California regulations is approved by the Director the rule as proposed except for minor 90712. The request shall be forwarded of the Federal Register as of November editorial corrections. The FAA has through an appropriate FAA Maintenance 26, 1998. determined that these minor corrections Inspector, who may add comments and then ADDRESSES: will not change the meaning of the AD send it to the Manager, Los Angeles ACO. Service information that applies to this AD may be obtained from and will not add any additional burden Note 2: Information concerning the upon the public than was already existence of approved alternative methods of Mooney Aircraft Corporation, Louis compliance with this AD, if any, may be Schreiner Field, Kerrville, Texas 78028. proposed. obtained from the Los Angeles ACO. This information may also be examined Cost Impact (g) Information related to this AD may be at the Federal Aviation Administration examined at the FAA, Central Region, Office (FAA), Central Region, Office of the The FAA estimates that 11 airplanes of the Regional Counsel, Room 1558, 601 E. Regional Counsel, Attention: Rules in the U.S. registry will be affected by 12th Street, Kansas City, Missouri 64106. Docket No. 98–CE–47–AD, Room 1558, this AD, that it will take approximately (h) This amendment becomes effective on 601 E. 12th Street, Kansas City, Missouri 8 workhours per airplane to accomplish October 30, 1998, to all persons except those 64106; or at the Office of the Federal these actions, and that the average labor persons to whom it was made immediately Register, 800 North Capitol Street, NW, rate is approximately $60 an hour. effective by priority letter AD 98–21–21, suite 700, Washington, DC. Based on these figures, the total cost issued October 2, 1998, which contained the FOR FURTHER INFORMATION CONTACT: Mr. impact of this AD on U.S. operators is requirements of this amendment. estimated to be $5,280, or $480 per Issued in Kansas City, Missouri, on Bob D. May, Aerospace Engineer, FAA, Airplane Certification Office, 2601 airplane. These figures are based on the October 7, 1998. presumption that no affected airplane Marvin R. Nuss, Meacham Boulevard, Fort Worth, Texas 76193–0150; telephone: (817) 222–5156; owner/operator has accomplished these Acting Manager, Small Airplane Directorate, actions. These figures do not account for Aircraft Certification Service. facsimile: (817) 222–5960. SUPPLEMENTARY INFORMATION: the cost of any necessary replacement if [FR Doc. 98–27605 Filed 10–14–98; 8:45 am] any MLG leg bracket is found cracked. BILLING CODE 4910±13±U Events Leading to the Issuance of This The FAA has no way of determining AD how many MLG leg brackets may be found cracked during this inspection. DEPARTMENT OF TRANSPORTATION A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR Mooney will provide warranty credit Federal Aviation Administration part 39) to include an AD that would for up to 8 workhours that are necessary apply to certain Mooney Models M20J, to comply with the requirements of this 14 CFR Part 39 M20K, M20M, and M20R airplanes was AD. Details are provided in Mooney published in the Federal Register as a Service Bulletin M20–265, dated April [Docket No. 98±CE±47±AD; Amendment 39± 13, 1998. 10834; AD 98±21±26] notice of proposed rulemaking (NPRM) on June 17, 1998 (63 FR 33016). The Regulatory Impact RIN 2120±AA64 NPRM proposed to require grinding the surface of the MLG leg bracket, part The regulations adopted herein will Airworthiness Directives; Mooney number (P/N) 510010; inspecting this not have substantial direct effects on the Aircraft Corporation Models M20J, area for cracks; and replacing any States, on the relationship between the M20K, M20M, and M20R Airplanes cracked MLG leg bracket. national government and the States, or AGENCY: Federal Aviation Accomplishment of the proposed on the distribution of power and Administration, DOT. surface grinding and inspection action responsibilities among the various levels of government. Therefore, in ACTION: Final rule. as specified in the NPRM would be in accordance with Mooney Service accordance with Executive Order 12612, SUMMARY: This amendment adopts a Bulletin M20–265, dated April 13, 1998. it is determined that this final rule does new airworthiness directive (AD) that Replacement of any cracked MLG leg not have sufficient federalism applies to certain Mooney Aircraft bracket, if required, would be implications to warrant the preparation Corporation (Mooney) Models M20J, accomplished in accordance with the of a Federalism Assessment. M20K, M20M, and M20R airplanes. applicable maintenance manual. For the reasons discussed above, I This AD requires grinding the surface of The NPRM was the result of the certify that this action (1) is not a the main landing gear (MLG) leg manufacturing of several of the MLG leg ‘‘significant regulatory action’’ under bracket, inspecting this area for cracks, brackets using laser pattern cutting. The Executive Order 12866; (2) is not a and replacing any cracked MLG leg brackets, when manufactured using this ‘‘significant rule’’ under DOT Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55325

Regulatory Policies and Procedures (44 To prevent failure of the main landing gear DEPARTMENT OF TRANSPORTATION FR 11034, February 26, 1979); and (3) (MLG) side brace bolt caused by cracking of will not have a significant economic the MLG leg bracket, which could result in Federal Aviation Administration impact, positive or negative, on a MLG collapse with consequent loss of control substantial number of small entities of the airplane during taxi, takeoff, or landing 14 CFR Part 39 under the criteria of the Regulatory operations, accomplish the following: [Docket No. 98±CE±28±AD; Amendment 39± Flexibility Act. A copy of the final (a) Within the next 100 hours time-in- 10833; AD 98±21±25] evaluation prepared for this action is service (TIS) after the effective date of this RIN 2120±AA64 contained in the Rules Docket. A copy AD, accomplish the following in accordance with the INSTRUCTIONS section of Mooney of it may be obtained by contacting the Airworthiness Directives; British Service Bulletin M20–265, dated April 13, Rules Docket at the location provided Aerospace Jetstream Models 3101 and under the caption ADDRESSES. 1998: (1) Grind the surface of the MLG leg 3201 Airplanes List of Subjects in 14 CFR Part 39 bracket, part number (P/N) 510010. AGENCY: Federal Aviation Air transportation, Aircraft, Aviation (2) Inspect the area of the P/N 510010 MLG Administration, DOT. leg bracket for cracks. safety, Incorporation by reference, ACTION: Final rule. Safety. (b) Prior to further flight after the inspection required by paragraph (a)(2) of SUMMARY: This amendment adopts a Adoption of the Amendment this AD, replace any cracked P/N 510010 new airworthiness directive (AD) that MLG leg bracket with a new P/N 510010 Accordingly, pursuant to the applies to certain British Aerospace MLG leg bracket. Accomplish this authority delegated to me by the Jetstream Models 3101 and 3201 replacement in accordance with the Administrator, the Federal Aviation airplanes that are equipped with the applicable maintenance manual. Administration amends part 39 of the ground inhibit function (Modification (c) Special flight permits may be issued in JM7813A (SB 27–JM7813A) or Federal Aviation Regulations (14 CFR accordance with §§ 21.197 and 21.199 of the part 39) as follows: JM7813B). This AD requires removing Federal Aviation Regulations (14 CFR 21.197 the ground inhibit time delay and the PART 39ÐAIRWORTHINESS and 21.199) to operate the airplane to a ground test relay from the stall warning DIRECTIVES location where the requirements of this AD and protection system and rewiring part can be accomplished. of the stall warning and protection 1. The authority citation for part 39 (d) An alternative method of compliance or system to assure that system reliance is continues to read as follows: adjustment of the compliance times that maintained after relay removal. This AD provides an equivalent level of safety may be Authority: 49 U.S.C. 106(g), 40113, 44701. is the result of mandatory continuing approved by the Manager, Fort Worth airworthiness information (MCAI) Airplane Certification Office (ACO), 2601 § 39.13 [Amended] issued by the airworthiness authority for Meacham Boulevard, Fort Worth, Texas 2. Section 39.13 is amended by the United Kingdom. The actions 76193-0150. The request shall be forwarded adding a new airworthiness directive specified by this AD are intended to through an appropriate FAA Maintenance (AD) to read as follows: prevent failure of the ground inhibit Inspector, who may add comments and then 98–21–26 Mooney Aircraft Corporation: send it to the Manager, Forth Worth ACO. relay while it is in the energized Amendment 39–10834; Docket No. 98– position caused by the current design, Note 2: Information concerning the CE–47–AD. which could result in failure of the stall existence of approved alternative methods of warning system and possible loss of Applicability: The following airplane compliance with this AD, if any, may be models and serial numbers, certificated in control of the airplane in certain obtained from the Fort Worth ACO. any category: situations if the crew was not aware that (e) The modification and inspection the system had failed. required by this AD shall be done in Models Serial Nos. DATES: Effective November 26, 1998. accordance with Mooney Service Bulletin The incorporation by reference of M20J ...... 24±3415 and 24±3416. M20–265, dated April 13, 1998. This certain publications listed in the M20K ...... 25±2018 through 25±2021. incorporation by reference was approved by regulations is approved by the Director M20M ...... 27±0241. the Director of the Federal Register in of the Federal Register as of November M20R ...... 29±0135 through 29±0138. accordance with 5 U.S.C. 552(a) and 1 CFR 26, 1998. part 51. Copies may be obtained from Note 1: This AD applies to each airplane Mooney Aircraft Corporation, Louis ADDRESSES: Service information that identified in the preceding applicability Schreiner Field, Kerrville, Texas 78028. applies to this AD may be obtained from provision, regardless of whether it has been Copies may be inspected at the FAA, Central British Aerospace Regional Aircraft, modified, altered, or repaired in the area Prestwick International Airport, subject to the requirements of this AD. For Region, Office of the Regional Counsel, Room airplanes that have been modified, altered, or 1558, 601 E. 12th Street, Kansas City, Ayrshire, KA9 2RW, Scotland; repaired so that the performance of the Missouri, or at the Office of the Federal telephone: (01292) 479888; facsimile: requirements of this AD is affected, the Register, 800 North Capitol Street, NW, suite (01292) 479703. This information may owner/operator must request approval for an 700, Washington, DC. also be examined at the Federal alternative method of compliance in (f) This amendment becomes effective on Aviation Administration (FAA), Central accordance with paragraph (d) of this AD. November 26, 1998. Region, Office of the Regional Counsel, The request should include an assessment of Attention: Rules Docket No. 98–CE–28– the effect of the modification, alteration, or Issued in Kansas City, Missouri, on October 5, 1998. AD, Room 1558, 601 E. 12th Street, repair on the unsafe condition addressed by Kansas City, Missouri 64106; or at the this AD; and, if the unsafe condition has not James E. Jackson, Office of the Federal Register, 800 North been eliminated, the request should include Acting Manager, Small Airplane Directorate, specific proposed actions to address it. Capitol Street, NW, suite 700, Aircraft Certification Service. Washington, DC. Compliance: Required as indicated in the [FR Doc. 98–27330 Filed 10–14–98; 8:45 am] body of this AD, unless already FOR FURTHER INFORMATION CONTACT: Mr. accomplished. BILLING CODE 4910±13±U S.M. Nagarajan, Aerospace Engineer, 55326 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

FAA, Small Airplane Directorate, 1201 accordance with British Aerospace List of Subjects in 14 CFR Part 39 Walnut, suite 900, Kansas City, Missouri Jetstream Alert Service Bulletin 27–A– Air transportation, Aircraft, Aviation 64106; telephone: (816) 426–6932; JM7847, dated December 24, 1997, safety, Incorporation by reference, facsimile: (816) 426–2169. Revision 1, dated April 27, 1998. Safety. SUPPLEMENTARY INFORMATION: Interested persons have been afforded Adoption of the Amendment Events Leading to the Issuance of This an opportunity to participate in the AD making of this amendment. No Accordingly, pursuant to the comments were received on the authority delegated to me by the A proposal to amend part 39 of the proposed rule or the FAA’s Administrator, the Federal Aviation Federal Aviation Regulations (14 CFR determination of the cost to the public. Administration amends part 39 of the part 39) to include an AD that would Federal Aviation Regulations (14 CFR apply to certain British Aerospace The FAA’s Determination part 39) as follows: Jetstream Models 3101 and 3201 airplanes that are equipped with the After careful review of all available PART 39ÐAIRWORTHINESS ground inhibit function (Modification information related to the subject DIRECTIVES JM7813A (SB 27–JM7813A) or presented above, the FAA has JM7813B) was published in the Federal determined that air safety and the 1. The authority citation for part 39 Register as a notice of proposed public interest require the adoption of continues to read as follows: rulemaking (NPRM) on April 30, 1998 the rule as proposed except for minor Authority: 49 U.S.C. 106(g), 40113, 44701. (63 FR 23686). The NPRM proposed to editorial corrections. The FAA has § 39.13 [Amended] require removing the ground inhibit determined that these minor corrections time delay and the ground test relay will not change the meaning of the AD 2. Section 39.13 is amended by from the stall warning and protection and will not add any additional burden adding a new airworthiness directive system. The NPRM also proposed to upon the public than was already (AD) to read as follows: require rewiring part of the stall proposed. 98–21–25 British Aerospace: Amendment warning and protection system to assure Cost Impact 39–10833; Docket No. 98–CE–28–AD. that system reliance is maintained after Applicability: Jetstream Models 3101 and relay removal. The FAA estimates that 301 airplanes 3201 airplanes, all serial numbers, Accomplishment of the proposed in the U.S. registry will be affected by certificated in any category, that are action as specified in the NPRM would this AD, that it will take approximately equipped with the ground inhibit function be in accordance with British Aerospace 6 workhours per airplane to accomplish (Modification JM7813A (SB 27–JM7813A) or JM7813B). Jetstream Alert Service Bulletin 27–A– this action, and that the average labor JM7847, dated December 24, 1997. rate is approximately $60 an hour. Note 1: This AD applies to each airplane identified in the preceding applicability The NPRM was the result of Based on these figures, the total cost mandatory continuing airworthiness provision, regardless of whether it has been impact of this AD on U.S. operators is modified, altered, or repaired in the area information (MCAI) issued by the estimated to be $108,360, or $360 per subject to the requirements of this AD. For airworthiness authority for the United airplane. airplanes that have been modified, altered, or Kingdom. repaired so that the performance of the After the issuance of the NPRM, Regulatory Impact requirements of this AD is affected, the British Aerospace corrected the owner/operator must request approval for an The regulations adopted herein will functional test procedures. To alternative method of compliance in incorporate this change, British not have substantial direct effects on the accordance with paragraph (d) of this AD. Aerospace revised Jetstream Alert States, on the relationship between the The request should include an assessment of Service Bulletin 27–A–JM7847 to the national government and the States, or the effect of the modification, alteration, or repair on the unsafe condition addressed by Revision 1 level (dated April 27, 1998). on the distribution of power and responsibilities among the various this AD; and, if the unsafe condition has not This prompted the FAA to issue a been eliminated, the request should include proposal to amend part 39 of the Federal levels of government. Therefore, in accordance with Executive Order 12612, specific proposed actions to address it. Aviation Regulations (14 CFR part 39) to Compliance: Required within the next 100 include an AD that would apply to it is determined that this final rule does not have sufficient federalism hours time-in-service (TIS) after the effective certain British Aerospace Jetstream date of this AD, unless already accomplished. Models 3101 and 3201 airplanes that are implications to warrant the preparation To prevent failure of the ground inhibit relay equipped with the ground inhibit of a Federalism Assessment. while it is in the energized position caused function (Modification JM7813A (SB For the reasons discussed above, I by the current design, which could result in 27–JM7813A) or JM7813B), which was certify that this action (1) is not a failure of the stall warning system and published in the Federal Register as a ‘‘significant regulatory action’’ under possible loss of control of the airplane in certain situations if the crew was not aware supplemental notice of proposed Executive Order 12866; (2) is not a that the system had failed, accomplish the rulemaking on August 11, 1998 (63 FR ‘‘significant rule’’ under DOT following: 42270). The supplemental NPRM Regulatory Policies and Procedures (44 (a) Remove the ground inhibit time delay proposed to require removing the FR 11034, February 26, 1979); and (3) and the ground test relay from the stall ground inhibit time delay and the will not have a significant economic warning and protection system, and rewire ground test relay from the stall warning impact, positive or negative, on a part of the stall warning and protection and protection system. The substantial number of small entities system to assure that system reliance is supplemental NPRM also proposed to under the criteria of the Regulatory maintained after relay removal. Accomplish require rewiring part of the stall Flexibility Act. A copy of the final these actions in accordance with the ACCOMPLISHMENT INSTRUCTIONS warning and protection system to assure evaluation prepared for this action is section of British Aerospace Jetstream Alert that system reliance is maintained after contained in the Rules Docket. A copy Service Bulletin 27–A–JM7847, Revision 1, relay removal. Accomplishment of the of it may be obtained by contacting the dated April 27, 1998. proposed action as specified in the Rules Docket at the location provided (b) If the actions of this AD were supplemental NPRM would be in under the caption ADDRESSES. accomplished in accordance with British Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55327

Aerospace Jetstream Alert Service Bulletin DEPARTMENT OF TRANSPORTATION FAA, 1801 Airport Road, Mid-Continent 27–A–JM7847, dated December 24, 1997, the Airport, Wichita, Kansas 67209; affected airplane still needs to be re-tested in Federal Aviation Administration telephone: (316) 946–4124; facsimile: accordance with British Aerospace Jetstream (316) 946–4407. Alert Service Bulletin 27–A–JM7847, 14 CFR Part 39 Revision 1, dated April 27, 1998. SUPPLEMENTARY INFORMATION: (c) Special flight permits may be issued in [Docket No. 98±CE±22±AD; Amendment 39± Events Leading to the Issuance of This 10829; AD 98±21±20] accordance with sections 21.197 and 21.199 AD of the Federal Aviation Regulations (14 CFR RIN 2120±AA64 21.197 and 21.199) to operate the airplane to A proposal to amend part 39 of the a location where the requirements of this AD Airworthiness Directives; Raytheon Federal Aviation Regulations (14 CFR can be accomplished. Aircraft Company Models 1900, 1900C, part 39) to include an AD that would (d) An alternative method of compliance or and 1900D Airplanes apply to certain Raytheon Models 1900, adjustment of the compliance time that 1900C, and 1900D airplanes was provides an equivalent level of safety may be AGENCY: Federal Aviation published in the Federal Register as a approved by the Manager, Small Airplane Administration, DOT. notice of proposed rulemaking (NPRM) Directorate, Aircraft Certification Service, ACTION: Final rule. on April 27, 1998 (63 FR 20543). The 1201 Walnut, suite 900, Kansas City, NPRM proposed to require either Missouri 64106. The request shall be SUMMARY: This amendment supersedes forwarded through an appropriate FAA modifying the existing exterior placards Maintenance Inspector, who may add Airworthiness Directive (AD) 97–04–02, with operating instructions installed in comments and then send it to the Manager, which currently requires installing new accordance with AD 97–04–02; or Small Airplane Directorate. exterior placards with operating installing new exterior placards with Note 2: Information concerning the instructions for the airstair door, cargo operating instructions for the airstair existence of approved alternative methods of door, and emergency exits, as door, cargo door, and emergency exits, compliance with this AD, if any, may be applicable, on certain Raytheon Aircraft as applicable. Accomplishment of the obtained from the Small Airplane Company (Raytheon) Models 1900, proposed action as specified in the Directorate. 1900C, and 1900D airplanes. This AD NPRM would be in accordance with (e) Questions or technical information requires either modifying the existing Raytheon Mandatory Service Bulletin related to British Aerospace Jetstream Alert exterior placards with door operating No. 2741, Rev. 1, Issued: February, Service Bulletin 27–A–JM7847, Revision 1, instructions installed in accordance 1997; Revised: May, 1997. dated April 27, 1998, should be directed to with AD 97–04–02; or installing new The NPRM was the result of reports British Aerospace Regional Aircraft, exterior placards with operating of the placards (required by AD 97–04– Prestwick International Airport, Ayrshire, instructions for the airstair door, cargo 02) covering the atmospheric vents for KA9 2RW, Scotland; telephone: (01292) door, and emergency exits, as the cabin door differential pressure lock. 479888; facsimile: (01292) 479703. This Interested persons have been afforded service information may be examined at the applicable. This AD results from reports FAA, Central Region, Office of the Regional of the placards (required by AD 97–04– an opportunity to participate in the Counsel, Room 1558, 601 E. 12th Street, 02) covering the atmospheric vents for making of this amendment. Due Kansas City, Missouri 64106. the cabin door differential pressure lock. consideration has been given to the (f) The modifications required by this AD The actions specified by this AD are comments received. shall be done in accordance with British intended to continue to assure that clear Comment Disposition Aerospace Jetstream Alert Service Bulletin and complete operating instructions are 27–A–JM7847, Revision 1, dated April 27, visible for opening the airstair door, One commenter recommends that an 1998. This incorporation by reference was cargo door, or emergency exits, and to additional method of compliance be approved by the Director of the Federal prevent improper operation of the cabin added to the proposal. The commenter Register in accordance with 5 U.S.C. 552(a) door differential pressure lock caused states that the actions of AD 97–04–02 and 1 CFR part 51. Copies may be obtained have already been accomplished on the from British Aerospace Regional Aircraft, by the placards blocking the atmospheric vents. commenter’s fleet of aircraft. In addition Prestwick International Airport, Ayrshire, to these actions, the modification of the KA9 2RW, Scotland. Copies may be DATES: Effective November 20, 1998. placards that is proposed in this action inspected at the FAA, Central Region, Office The incorporation by reference of was accomplished in accordance with of the Regional Counsel, Room 1558, 601 E. certain publications listed in the the instructions in Beechcraft message 12th Street, Kansas City, Missouri, or at the regulations is approved by the Director No. 52–0506, dated February 21, 1997. Office of the Federal Register, 800 North of the Federal Register as of November Capitol Street, NW, suite 700, Washington, These instructions basically incorporate 20, 1998. DC. the same information included in the Note 3: The subject of this AD is addressed ADDRESSES: Service information that modification instructions in Raytheon in British Aerospace Jetstream Alert Service applies to this AD may be obtained from Mandatory Service Bulletin No. 2741, Bulletin 27–A–JM7847, dated December 24, the Raytheon Aircraft Company, P.O. Rev.1, dated May, 1997. 1997, Revision 1, dated April 27, 1998. This Box 85, Wichita, Kansas 67201–0085. The FAA concurs and will give service bulletin is classified as mandatory by This information may also be examined alternative method of compliance credit the United Kingdom Civil Aviation Authority at the Federal Aviation Administration in the AD for accomplishing the action (CAA). (FAA), Central Region, Office of the in accordance with Beechcraft message (g) This amendment becomes effective on Regional Counsel, Attention: Rules No. 52–0506, dated February 21, 1997, November 26, 1998. Docket No. 98–CE–22–AD, Room 1558, in conjunction with Raytheon Issued in Kansas City, Missouri, on 601 E. 12th Street, Kansas City, Missouri Mandatory Service Bulletin No. 2741, October 5, 1998. 64106; or at the Office of the Federal dated February, 1997. James E. Jackson, Register, 800 North Capitol Street, NW, Another commenter agrees with the Acting Manager, Small Airplane Directorate, suite 700, Washington, DC. intent of the AD, but feels that the FAA Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: Mr. should have issued an urgent safety of [FR Doc. 98–27327 Filed 10–14–98; 8:45 am] Steven E. Potter, Aerospace Engineer, flight AD through the use of a ‘‘final BILLING CODE 4910±13±P Wichita Aircraft Certification Office, rule; request for comments.’’ 55328 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

After examining all the information List of Subjects in 14 CFR Part 39 (a) Accomplish one of the following in related to the subject of this AD, the accordance with ACCOMPLISHMENT Air transportation, Aircraft, Aviation INSTRUCTIONS section of Raytheon FAA did not feel it had sufficient safety, Incorporation by reference, justification for issuing an urgent safety Mandatory Service Bulletin No. 2741, Rev. 1, Safety. dated May, 1997: of flight AD. No changes to the final rule Adoption of the Amendment (1) Modify the existing exterior placards are necessary. with operating instructions installed in The FAA’s Determination Accordingly, pursuant to the accordance with AD 97–04–02 (superseded authority delegated to me by the by this AD); or After careful review of all available Administrator, the Federal Aviation (2) Remove any existing operating information related to the subject Administration amends part 39 of the instructions placards and install new exterior presented above, the FAA has Federal Aviation Regulations (14 CFR placards with operating instructions for the part 39) as follows: airstair door, cargo door, and emergency determined that air safety and the exits, as applicable. public interest require the adoption of (b) Installing placards in accordance with the rule as proposed except for the PART 39ÐAIRWORTHINESS DIRECTIVES Raytheon Mandatory Service Bulletin No. addition of the alternative method of 2741, dated February, 1997, and then compliance previously discussed and 1. The authority citation for part 39 modifying these placards in accordance with minor editorial corrections. The FAA continues to read as follows: Beechcraft message No. 52–0506, dated has determined that this addition and February 21, 1997, is considered an the minor editorial corrections will not Authority: 49 U.S.C. 106(g), 40113, 44701. alternative method of compliance to the requirements of paragraphs (a), (a)(1), and change the meaning of the AD and will § 39.13 [Amended] (a)(2) of this AD. not add any additional burden upon the 2. Section 39.13 is amended by (c) Special flight permits may be issued in public than was already proposed. removing Airworthiness Directive (AD) accordance with sections 21.197 and 21.199 Cost Impact 97–04–02, Amendment 39–9937, and by of the Federal Aviation Regulations (14 CFR adding a new AD to read as follows: 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD The FAA estimates that 524 airplanes 98–21–20 Raytheon Aircraft Company in the U.S. registry will be affected by can be accomplished. (Type Certificate No. A24CE formerly (d) An alternative method of compliance or this AD, that it will take approximately held by the Beech Aircraft Corporation): adjustment of the compliance time that Amendment 39–10829; Docket No. 98– 1 workhour per airplane to accomplish provides an equivalent level of safety may be CE–22–AD; Supersedes AD 97–04–02, this action, and that the average labor approved by the Manager, Wichita Aircraft Amendment 39–9937. rate is approximately $60 an hour. Parts Certification Office (ACO), 1801 Airport cost approximately $3 per airplane. Applicability: The following model and Road, Room 100, Mid-Continent Airport, Based on these figures, the total cost serial number airplanes, certificated in any Wichita, Kansas 67209. impact of this AD on U.S. operators is category: (1) The request shall be forwarded through an appropriate FAA Maintenance Inspector, estimated to be $33,012, or $63 per Model Serial numbers airplane. who may add comments and then send it to the Manager, Wichita ACO. 1900 ...... UA±2 and UA±3. (2) Alternative methods of compliance Regulatory Impact 1900C ...... UB±1 through UB±74, and UC±1 approved in accordance with AD 97–04–02 through UC±174. The regulations adopted herein will are considered approved as alternative 1900C (C± UD±1 through UD±6. methods of compliance for this AD. not have substantial direct effects on the 12J). States, on the relationship between the 1900D ...... UE±1 through UE±268. Note 2: Information concerning the national government and the States, or existence of approved alternative methods of on the distribution of power and Note 1: This AD applies to each airplane compliance with this AD, if any, may be responsibilities among the various identified in the preceding applicability obtained from the Wichita ACO. levels of government. Therefore, in provision, regardless of whether it has been (e) The modifications, removal, and accordance with Executive Order 12612, modified, altered, or repaired in the area installations required by this AD shall be it is determined that this final rule does subject to the requirements of this AD. For done in accordance with Raytheon airplanes that have been modified, altered, or Mandatory Service Bulletin No. 2741, Rev. 1, not have sufficient federalism repaired so that the performance of the dated May, 1997. This incorporation by implications to warrant the preparation requirements of this AD is affected, the reference was approved by the Director of the of a Federalism Assessment. owner/operator must request approval for an Federal Register in accordance with 5 U.S.C. For the reasons discussed above, I alternative method of compliance in 552(a) and 1 CFR part 51. Copies may be certify that this action (1) is not a accordance with paragraph (d) of this AD. obtained from the Raytheon Aircraft The request should include an assessment of ‘‘significant regulatory action’’ under Corporation, P.O. Box 85, Wichita, Kansas the effect of the modification, alteration, or 67201–0085. Copies may be inspected at the Executive Order 12866; (2) is not a repair on the unsafe condition addressed by FAA, Central Region, Office of the Regional ‘‘significant rule’’ under DOT this AD; and, if the unsafe condition has not Counsel, Room 1558, 601 E. 12th Street, Regulatory Policies and Procedures (44 been eliminated, the request should include Kansas City, Missouri, or at the Office of the FR 11034, February 26, 1979); and (3) specific proposed actions to address it. Federal Register, 800 North Capitol Street, will not have a significant economic Compliance: Required within the next 200 NW, suite 700, Washington, DC. impact, positive or negative, on a hours time-in-service (TIS) after the effective (f) This amendment becomes effective on substantial number of small entities date of this AD, unless already accomplished. November 20, 1998. under the criteria of the Regulatory To continue to assure that clear and Issued in Kansas City, Missouri, on Flexibility Act. A copy of the final complete operating instructions are visible October 1, 1998. for opening the airstair door, cargo door, or Michael Gallagher, evaluation prepared for this action is emergency exits, and to prevent improper contained in the Rules Docket. A copy operation of the cabin door differential Manager, Small Airplane Directorate, Aircraft of it may be obtained by contacting the pressure lock caused by the placards Certification Service. Rules Docket at the location provided blocking the atmospheric vents, accomplish [FR Doc. 98–27121 Filed 10–14–98; 8:45 am] under the caption ADDRESSES. the following: BILLING CODE 4910±13±U Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55329

DEPARTMENT OF TRANSPORTATION The Rule AGL WI E5 Menomonie, WI [Revised] Menomonie Municipal-Score Field Airport, Federal Aviation Administration This amendment to 14 CFR part 71 WI modifies Class E airspace at (lat. 44°53′32′′ N, long. 91°52′04′′ W) 14 CFR Part 71 Menomonie, WI, to accommodate That airspace extending upward from 700 aircraft executing the proposed GPS feet above the surface within a 6.5-mile [Airspace Docket No. 98±AGL±45] Rwy 27 SIAP at Menomonie Municipal- radius of Menomonie Municipal-Score Field Score Field Airport by increasing the Airport. Modification of Class E Airspace; radius of the existing controlled * * * * * Menomonie, WI airspace for the airport. The area will be Issued in Des Plaines, Illinois on October depicted on appropriate aeronautical 2, 1998. AGENCY: Federal Aviation charts. David B. Johnson, Administration (FAA), DOT. The FAA has determined that this Acting Manager, Air Traffic Division. ACTION: Final rule. regulation only involves an established [FR Doc. 98–27727 Filed 10–14–98; 8:45 am] body of technical regulations for which BILLING CODE 4910±13±M SUMMARY: This action modifies Class E frequent and routine amendments are airspace at Menomonie, WI. A Global necessary to keep them operationally Positioning System (GPS) Standard current. Therefore, this regulation—(1) DEPARTMENT OF TRANSPORTATION Instrument Approach Procedure (SIAP) is not a ‘‘significant regulatory action’’ to Runway (Rwy) 27 has been developed under Executive Order 12866; (2) is not Federal Aviation Administration for Menomonie Municipal-Score Field a ‘‘significant rule’’ under DOT 14 CFR Part 71 Airport. Controlled airspace extending Regulatory Policies and Procedures (44 upward from 700 to 1200 feet above FR 11034; February 26, 1979); and (3) [Airspace Docket No. 98±AGL±44] ground level (AGL) is needed to contain does not warrant preparation of a aircraft executing the approach. This Regulatory Evaluation as the anticipated Establishment of Class E Airspace; action increases the radius of the impact is so minimal. Since this is a Park Falls, WI existing controlled airspace for routine matter that will only affect air AGENCY: Federal Aviation Menomonie Municipal-Score Field traffic procedures and air navigation, it Airport. Administration (FAA), DOT. is certified that this rule will not have ACTION: Final rule. EFFECTIVE DATE: 0901 UTC, January 28, a significant economic impact on a 1999. substantial number of small entities SUMMARY: This action establishes Class under the criteria of the Regulatory FOR FURTHER INFORMATION CONTACT: E airspace at Park Falls, WI. A Flexibility Act. Nondirectional Beacon (NDB) Standard Michelle M. Behm, Air Traffic Division, Instrument Approach Procedure (SIAP) Airspace Branch, AGL–500, Federal List of Subjects in 14 CFR Part 71 to Runway (Rwy) 36 has been developed Aviation Administration, 2300 East for Park Falls Municipal Airport. Devon Avenue, Des Plaines, Illinois Airspace, Incorporation by reference, Controlled Airspace extending upward 60018, telephone (847) 294–7568. Navigation (air). from 700 to 1200 feet above ground SUPPLEMENTARY INFORMATION: Adoption of the Amendment level (AGL) is needed to contain aircraft executing the approach. This action History In consideration of the foregoing, the creates controlled airspace with a Federal Aviation Administration On Friday, July 24, 1998, the FAA southern extension for Park Falls amends 14 CFR part 71 as follows: proposed to amend 14 CFR part 71 to Municipal Airport. modify Class E airspace at Menomonie, PART 71ÐDESIGNATION OF CLASS A, EFFECTIVE DATE: 0901 UTC, January 28, WI (63 FR 39776). The proposal was to CLASS B, CLASS C, CLASS D, AND 1999. add controlled airspace extending CLASS E AIRSPACE AREAS; FOR FURTHER INFORMATION CONTACT: upward from 700 to 1200 feet AGL to AIRWAYS; ROUTES; AND REPORTING Michelle M. Behm, Air Traffic Division, contain Instrument Flight Rules (IFR) POINTS Airspace Branch, AGL–520, Federal operations in controlled airspace during Aviation Administration, 2300 East portions of the terminal operation and 1. The authority citation for part 71 Devon Avenue, Des Plaines, Illinois while transiting between the enroute continues to read as follows: 60018, telephone (847) 294–7568. and terminal environments. Authority: 49 U.S.C. 106(g), 40103, 40113, SUPPLEMENTARY INFORMATION: Interested parties were invited to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– History participate in this rulemaking 1963 Comp., p. 389. proceeding by submitting written On Friday, July 24, 1998, the FAA comments on the proposal to the FAA. § 71.1 [Amended] proposed to amend 14 CFR part 71 to No comments objecting to the proposal establish Class E airspace at Park Falls, 2. The incorporation by reference in were received. Class E airspace WI (63 FR 39775). The proposal was to 14 CFR 71.1 of the Federal Aviation designations for airspace areas add controlled airspace extending Administration Order 7400.9F, Airspace extending upward from 700 feet or more upward from 700 to 1200 feet AGL to Designation and Reporting Points, dated above the surface of the earth are contain Instrument Flight Rules (IFR) September 10, 1998, and effective published in paragraph 6005 of FAA operations in controlled airspace during September 16, 1998, is amended as Order 7400.9F dated September 10, portions of the terminal operation and follows: 1998, and effective September 16, 1998, while transiting between the enroute which is incorporated by reference in 14 Paragraph 6005 Class E airspace areas and terminal environments. CFR 71.1. The Class E airspace extending upward from 700 feet or more Interested parties were invited to designation listed in this document will above the surface of the earth. participate in this rulemaking be published subsequently in the Order. * * * * * proceeding by submitting written 55330 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations comments on the proposal to the FAA. Administration Order 7400.9F, Airspace modify Class E airspace at Orr, MN (63 No comments objecting to the proposal Designations and Reporting Points, FR 39774). The proposal was to add were received. Class E airspace dated September 10, 1998, and effective controlled airspace extending upward designations for airspace areas September 16, 1998, is amended as form 700 to 1200 feet AGL to contain extending upward from 700 feet or more follows: Instrument Flight Rules (IFR) operations above the surface of the earth are Paragraph 6005 Class E airspace areas in controlled airspace during portions of published in paragraph 6005 of FAA extending upward from 700 feet or more the terminal operation and while Order 7400.9F dated September 10, above the surface of the earth. transiting between the enroute and 1998, and effective September 16, 1998, * * * * * terminal environments. which is incorporated by reference in 14 CFR 71.1. The Class E airspace AGL WI E5 Park Falls, WI [New] Interested parties were invited to designation listed in this document will Park Falls Municipal Airport, WI participate in this rulemaking be published subsequently in the Order. (lat. 45° 57′ 23′′N, long. 90° 25′ 29′′W) proceeding by submitting written Park Falls NDB comments on the proposal to the FAA. The Rule (lat. 45° 57′ 11′′N, long. 90° 25′ 35′′W) No comments objecting to the proposal This amendment to 14 CFR part 71 That airspace extending upward form 700 were received. Class E airspace establishes Class E airspace at Park feet above the surface within a 6.3-mile designations for airspace areas radius of Park Falls Municipal Airport and Falls, WI, to accommodate aircraft ° extending upward from 700 feet or more executing the proposed NDB Rwy 36 within 2.5 miles each side of the 176 bearing from the Park Falls NDB, extending form the above the surface of the earth are SIAP at Park Falls Municipal Airport by 6.3-mile radius to 7.0 miles south of the published in paragraph 6005 of FAA creating controlled airspace with a airport. Order 7400.9F dated September 10, southern extension for the airport. The * * * * * 1998, and effective September 16, 1998, area will be depicted on appropriate Issued in Des Plaines, Illinois on October which is incorporated by reference in 14 aeronautical charts. 2, 1998. CFR 71.1. The Class E airspace The FAA has determined that this David B. Johnson, designation listed in this document will regulation only involves an established Acting Manager, Air Traffic Division. be published subsequently in the Order. body of technical regulations for which [FR Doc. 98–27726 Filed 10–14–98; 8:45 am] frequent and routine amendments are The Rule necessary to keep them operationally BILLING CODE 4910±13±M current. Therefore, this regulation—(1) This amendment to 14 CFR part 71 modifies Class E airspace at Orr, MN, to is not a ‘‘significant regulatory action’’ DEPARTMENT OF TRANSPORTATION under Executive Order 12866; (2) is not accommodate aircraft executing the a ‘‘significant rule’’ under DOT Federal Aviation Administration proposed GPS Rwy 13 SIAP at Orr Regulatory Policies and Procedures (44 Regional Airport by increasing the FR 11034; February 26, 1979); and (3) 14 CFR Part 71 radius the existing controlled airspace does not warrant preparation of a for the airport. The area will be depicted [Airspace Docket No. 98±AGL±47] Regulatory Evaluation as the anticipated on appropriate aeronautical charts. impact is so minimal. Since this is a Modification of Class E Airspace; Orr, The FAA has determined that this routine matter that will only affect air MN regulation only involves an established traffic procedures and air navigation, it AGENCY: Federal Aviation body of technical regulations for which is certified that this rule will not have frequent and routine amendments are a significant economic impact on a Administration (FAA), DOT. necessary to keep them operationally substantial number of small entities ACTION: Final rule. current. Therefore, this regulation—(1) under the criteria of the Regulatory SUMMARY: is not a ‘‘significant regulatory action’’ Flexibility Act. This action modifies class E airspace at Orr, MN. A Global under Executive Order 12866; (2) is not List of Subjects in 14 CFR Part 71 Positioning System (GPS) Standard a ‘‘significant rule’’ under DOT Airspace, Incorporation by reference, Instrument Approach Procedure (SIAP) Regulatory Policies and Procedures (44 Navigation (air). to Runway (Rwy) 13 has been developed FR 11034; February 26, 1979); and (3) for Orr Regional Airport. Controlled does not warrant preparation of a Adoption of the Amendment airspace extending upward from 700 to Regulatory Evaluation as the anticipated In consideration of the foregoing, the 1200 feet above ground level (AGL) is impact is so minimal. Since this is a Federal Aviation Administration needed to contain aircraft executing the routine matter that will only affect air amends 14 CFR part 71 as follows: approach. This action increases the traffic procedures and air navigation, it radius of the existing controlled is certified that this rule will not have PART 71ÐDESIGNATION OF CLASS A, airspace for Orr Regional Airport. a significant economic impact on a CLASS B, CLASS C, CLASS D, AND EFFECTIVE DATE: 0901 UTC, January 28, substantial number of small entities CLASS E AIRSPACE AREAS; 1999. AIRWAYS, ROUTES; AND REPORTING under the criteria of the Regulatory FOR FURTHER INFORMATION CONTACT: Flexibility Act. POINTS Michelle M. Behm, Air Traffic Division, 1. The authority citation for part 71 Airspace Branch, AGL–520, Federal List of Subjects in 14 CFR Part 71 Aviation Administration, 2300 East continues to read as follows: Airspace, Incorporation by reference, Devon Avenue, Des Plaines, Illinois Authority: 49 U.S.C. 106(g), 40103, 40113, Navigation (air). 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 60018, telephone (847) 294–7568. 1963 Comp., p. 389. SUPPLEMENTARY INFORMATION: Adoption of the Amendment § 71.1 [Amended] History In consideration of the foregoing, the 2. The incorporation by reference in On Friday, July 24, 1998, the FAA Federal Aviation Administration 14 CFR 71.1 of the Federal Aviation proposed to amend 14 CFR part 71 to amends 14 CFR part 71 as follows: Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55331

PART 71ÐDESIGNATION OF CLASS A, This action creates controlled airspace a significant economic impact on a CLASS B, CLASS C, CLASS D, AND with a 6.4-mile radius for Granite Falls substantial number of small entities CLASS E AIRSPACE AREAS; Municipal Airport. under the criteria of the Regulatory AIRWAYS; ROUTES; AND REPORTING EFFECTIVE DATE: 0901 UTC, January 28, Flexibility Act. POINTS 1999. List of Subjects in 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 71 Airspace, Incorporation by reference, Michelle M. Behm, Air Traffic Division, continues to read as follows: Navigation (air). Airspace Branch, AGL–520, Federal Authority: 49 U.S.C. 106(g), 40103, 40113, Aviation Administration, 2300 East Adoption of the Amendment 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Devon Avenue, Des Plaines, Illinois 1963 Comp., p. 389. In consideration of the foregoing, the 60018, telephone (847) 294–7568. Federal Aviation Administration § 71.1 [Amended] SUPPLEMENTARY INFORMATION: amends 14 CFR part 71 as follows: 2. The incorporation by reference in History 14 CFR 71.1 of the Federal Aviation PART 71ÐDESIGNATION OF CLASS A, Administration Order 7400.9F, Airspace On Friday, July 24, 1998, the FAA CLASS B, CLASS C, CLASS D, AND Designations and Reporting Points, proposed to amend 14 CFR part 71 to CLASS E AIRSPACE AREAS; dated September 10, 1998, and effective establish Class E airspace at Granite AIRWAYS; ROUTES; AND REPORTING September 16, 1998, is amended as Falls, MN (63 FR 39773). The proposal POINTS follows: was to add controlled airspace extending upward from 700 to 1200 feet 1. The authority citation for part 71 Paragraph 6005 Class E airspace areas continues to read as follows: extending upward from 700 feet or more AGL to contain Instrument Flight Rules above the surface of the earth. (IFR) operations in controlled airspace Authority: 49 U.S.C. 106(g), 40103, 40113, during portions of the terminal 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– * * * * * operation and while transiting between 1963 Comp., p. 389. AGL MN E5 Orr, MN [Revised] the enroute and terminal environments. § 71.1 [Amended] Interested parties were invited to Orr Regional Airport, MN 2. The incorporation by reference in (Lat. 48°00′57′′ N, long. 92°51′22′′ W) participate in this rulemaking proceeding by submitting written 14 CFR 71.1 of the Federal Aviation That airspace extending upward from 700 Administration Order 7400.9F, Airspace feet above the surface within a 6.4-mile comments on the proposal to the FAA. radius of Orr Regional Airport and within 2.5 No comments objecting to the proposal Designations and Reporting Points, miles each side of the 324° bearing from the were received. Class E airspace dated September 10, 1998, and effective airport extending from the 6.4-mile radius to designations for airspace areas September 16, 1998, is amended as 7.0 miles northwest of the airport, excluding extending upward from 700 feet or more follows: that airspace within the Cook, MN, Class E above the surface of the earth are Paragraph 6005 Class E airspace areas airspace area. published in paragraph 6005 of FAA extending upward from 700 feet or more * * * * * Order 7400.9F dated September 10, above the surface of the earth. Issued in Des Plaines, Illinois on October 1998, and effective September 16, 1998, * * * * * 2, 1998. which is incorporated by reference in 14 AGL MN E5 Granite Falls, MN [New] David B. Johnson, CFR 71.1. The Class E airspace Acting Manager, Air Traffic Division. designation listed in this document will Granite Falls Municipal Airport, MN (Lat. 44° 45′ 12′′N., long. 95°33′22′′ W.) [FR Doc. 98–27725 Filed 10–14–98; 8:45 am] be published subsequently in the Order. BILLING CODE 4910±13±M That airspace extending upward from 700 The Rule feet above the surface within a 6.4-mile radius of the Granite Falls Municipal Airport. This amendment to 14 CFR part 71 DEPARTMENT OF TRANSPORTATION establishes Class E airspace at Granite * * * * * Falls, MN, to accommodate aircraft Issued in Des Plaines, Illinois on October Federal Aviation Administration 2, 1998. executing the proposed VOR/DME Rwy David B. Johnson, 14 CFR Part 71 34 SIAP at Granite Falls Municipal Airport by creating controlled airspace Acting Manager, Air Traffic Division. [Airspace Docket No. 98±AGL±46] for the airport. The area will be depicted [FR Doc. 98–27723 Filed 10–14–98; 8:45 am] on appropriate aeronautical charts. BILLING CODE 4910±13±M Establishment of Class E Airspace; The FAA has determined that this Granite Falls, MN regulation only involves an established DEPARTMENT OF TRANSPORTATION AGENCY: Federal Aviation body of technical regulations for which frequent and routine amendments are Administration (FAA), DOT. Federal Aviation Administration ACTION: Final rule. necessary to keep them operationally current. Therefore, this regulation—(1) 14 CFR Part 71 SUMMARY: This action establishes Class is not a ‘‘significant regulatory action’’ E airspace at Granite Falls, MN. A VHF under Executive Order 12866; (2) is not [Airspace Docket No. 98±AGL±43] Omnidirectional Range/Distance a ‘‘significant rule’’ under DOT Modification of Class E Airspace; Two Measuring Equipment (VOR/DME) Regulatory Policies and Procedures (44 Harbors, MN Standard Instrument Approach FR 11034; February 26, 1979); and (3) Procedure (SIAP) to Runway (Rwy) 34 does not warrant preparation of a AGENCY: Federal Aviation has been developed for Granite Falls Regulatory Evaluation as the anticipated Administration (FAA), DOT. Municipal Airport. Controlled airspace impact is so minimal. Since this is a ACTION: Final rule. extending upward from 700 to 1200 feet routine matter that will only affect air above ground level (AGL) is needed to traffic procedures and air navigation, it SUMMARY: This action modifies class E contain aircraft executing the approach. is certified that this rule will not have airspace at Two Harbors, MN. A Global 55332 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

Positioning System (GPS) Standard is not a ‘‘significant regulatory action’’ Issued in Des Plaines, Illinois on October Instrument Approach Procedure (SIAP) under Executive Order 12866; (2) is not 2, 1998. to Runway (Rwy) 24 has been developed a ‘‘significant rule’’ under DOT David B. Johnson, for Richard B. Helgeson Airport. Regulatory Policies and Procedures (44 Acting Manager, Air Traffic Division. Controlled airspace extending upward FR 11034; February 26, 1979); and (3) [FR Doc. 98–27722 Filed 10–14–98; 8:45 am] from 700 to 1200 feet above ground does not warrant preparation of a BILLING CODE 4910±13±M level (AGL) is needed to contain aircraft Regulatory Evaluation as the anticipated executing the approach. This action impact is so minimal. Since this is a increases the radius of, and adds a routine matter that will only affect air DEPARTMENT OF THE TREASURY northeast extension to, the existing traffic procedures and air navigation, it controlled airspace for Richard B. is certified that this rule will not have Customs Service Helgeson Airport. a significant economic impact on a EFFECTIVE DATE: 0901 UTC, January 28, substantial number of small entities 19 CFR Part 24 1999. under the criteria of the Regulatory [T.D. 98±64] FOR FURTHER INFORMATION CONTACT: Flexibility Act. Michelle M. Behm, Air Traffic Division, List of Subjects in 14 CFR Part 71 RIN 1515±AC31 Airspace Branch, AGL–520, Federal Aviation Administration, 2300 East Airspace, Incorporation by reference, Exporters Not Liable For Harbor Devon Avenue, Des Plaines, Illinois Navigation (air). Maintenance Fee; Correction 60018, telephone (847) 294–7568. Adoption of the Amendment AGENCY: U.S. Customs Service, SUPPLEMENTARY INFORMATION: Department of the Treasury. In consideration of the foregoing, the History ACTION: Federal Aviation Administration Final rule; correction. On Friday, July 17, 1998, the FAA amends 14 CFR part 71 as follows: SUMMARY: Customs published in the proposed to amend 14 CFR part 71 to Federal Register on July 31, 1998, a PART 71ÐDESIGNATION OF CLASS A, modify Class E airspace at Two Harbors, document amending the Customs CLASS B, CLASS C, CLASS D, AND MN (63 FR 38524). The proposal was to Regulations to remove the requirement CLASS E AIRSPACE AREAS; add controlled airspace extending that an exporter of cargo is liable for the AIRWAYS; ROUTES; AND REPORTING upward from 700 to 1200 feet AGL to payment of the Harbor Maintenance Fee POINTS contain Instrument Flight Rules (IFR) when cargo is loaded for export at a port operations in controlled airspace during subject to the Harbor Maintenance Fee. 1. The authority citation for part 71 portions of the terminal operation and This document contains a correction to continues to read as follows: while transiting between the enroute that document regarding the authority and terminal environments. Authority: 49 U.S.C. 106(g), 40103, 40113, citation for the subject regulation. Interested parties were invited to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– EFFECTIVE DATE: October 15, 1998. participate in this rulemaking 1963 Comp., p. 389. proceeding by submitting written FOR FURTHER INFORMATION CONTACT: comments on the proposal to the FAA. § 71.1 [Amended] Patricia Barbare, Operations Management Specialist, Budget No comments objecting to the proposal 2. The incorporation by reference in Division, U.S. Customs Service, (202) were received. Class E airspace 14 CFR 71.1 of the Federal Aviation 927–0310. designations for airspace areas Administration Order 7400.9F, Airspace extending upward from 700 feet or more Designations and Reporting Points, SUPPLEMENTARY INFORMATION: above the surface of the earth are dated September 10, 1998, and effective Background published in paragraph 6005 of FAA September 16, 1998, is amended as Order 7400.9F dated September 10, follows: Customs published in the Federal 1998, and effective September 16, 1998, Register (63 FR 40822) on July 31, 1998, which is incorporated by reference in 14 Paragraph 6005 Class E airspace areas a document amending the Customs CFR 71.1. The Class E airspace extending upward from 700 feet or more Regulations to remove the requirement designation listed in this document will above the surface of the earth. that an exporter of cargo is liable for the be published subsequently in the Order. * * * * * payment of the Harbor Maintenance Fee when cargo is loaded for export at a port The Rule AGL MN E5 Two Harbors, MN [Revised] subject to the Harbor Maintenance Fee. Richard B. Helgeson Airport, MN This amendment to 14 CFR part 71 ° ′ ′′ ° ′ ′′ That document contained a technical modifies Class E airspace at Two (Lat. 47 02 55 N, long. 91 44 43 W) ANATE Waypoint error which this document will correct. Harbors, MN, to accommodate aircraft (Lat. 47°05′30′′ N, long. 91°37′46′′ W) executing the proposed GPS Rwy 24 Correction of Publication That airspace extending upward from 700 SIAP at Richard B. Helgeson Airport by The publication on July 31, 1998, of feet above the surface within a 6.4-mile increasing the radius of, and adding a radius of Richard B. Helgeson Airport and the final rule (T.D.98–64)(63 FR northeast extension to, the existing within 2.7 miles each side of the 073° bearing 40822)(FR Doc. 98–20456) is corrected controlled airspace for the airport. The from Richard B. Helgeson Airport, extending as follows: area will be depicted on appropriate from the 6.4-mile radius to 7.2 miles 1. On page 40823, in the second aeronautical charts. northeast of the airport, and within 4.0 miles column, in the first instruction The FAA has determined that this each side of the 042° bearing from ANATE regarding the general authority for part regulation only involves an established Waypoint, extending from the waypoint to 24 and the specific relevant authority body of technical regulations for which 6.4 miles northeast of the waypoint, citation for § 24.24, the specific frequent and routine amendments are excluding that airspace within the Silver Bay, authority citation for § 24.24 is corrected necessary to keep them operationally MN, Class E airspace area. to read as follows: ‘‘Section 24.24 also current. Therefore, this regulation—(1) * * * * * issued under 26 U.S.C. 4461, 4462;’ Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55333

Dated: October 9, 1998. DEPARTMENT OF THE TREASURY PENSION BENEFIT GUARANTY Harold M. Singer, CORPORATION Chief, Regulations Branch. Internal Revenue Service [FR Doc. 98–27646 Filed 10–14–98; 8:45 am] 29 CFR Part 4044 26 CFR Part 1 BILLING CODE 4820±02±P Allocation of Assets in Single- [TD 8776] Employer Plans; Interest Assumptions for Valuing Benefits DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RIN 1545±AW34 AGENCY: Pension Benefit Guaranty Corporation. 24 CFR Parts 401 and 402 Conversion to the Euro; Correction ACTION: Final rule. [Docket No. FR±4298±C±04] AGENCY: Internal Revenue Service (IRS), SUMMARY: The Pension Benefit Guaranty RIN 2502±AH09 Treasury. Corporation’s regulation on Allocation of Assets in Single-Employer Plans Multifamily Housing Mortgage and ACTION: Correction to temporary regulations. prescribes interest assumptions for Housing Assistance Restructuring valuing benefits under terminating Program (Mark-to-Market) and Renewal single-employer plans. This final rule SUMMARY: This document contains a of Expiring Section 8 Project-Based amends the regulation to adopt interest correction to Treasury Decision 8776, Assistance Contracts; Correction assumptions for plans with valuation which was published in the Federal dates in November 1998. AGENCY: Office of the Secretary, HUD. Register on Wednesday, July 29, 1998 EFFECTIVE DATE: November 1, 1998. ACTION: Interim rule; correction. (63 FR 40366) relating to U.S. taxpayers operating, investing or otherwise FOR FURTHER INFORMATION CONTACT: SUMMARY: On September 11, 1998, at 63 conducting business in the currencies of Harold J. Ashner, Assistant General FR 48926, we published an interim rule certain European countries that are Counsel, Office of the General Counsel, implementing the new Mark-to-Market replacing their national currencies with Pension Benefit Guaranty Corporation, Program. The internet address for a single, multinational currency called 1200 K Street, NW., Washington, DC submitting public comments by e-mail the euro. 20005, 202–326–4024. (For TTY/TDD given in that rule was incorrect. This users, call the Federal relay service toll- document corrects the internet address. DATES: This correction is effective July free at 1–800–877–8339 and ask to be FOR FURTHER INFORMATION CONTACT: Dan 29, 1998. connected to 202–326–4024.) Sullivan, Department of Housing and FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The Urban Development, 451 7th St., Howard Weiner, (202) 622–3870 (not a PBGC’s regulation on Allocation of Washington DC 20410. Telephone: 202– toll-free number). Assets in Single-Employer Plans (29 708–0547. (This is not a toll-free CFR part 4044) prescribes actuarial number.) For hearing- and speech- SUPPLEMENTARY INFORMATION: assumptions for valuing plan benefits of impaired persons, this number may be Background terminating single-employer plans accessed via TTY by calling the Federal covered by title IV of the Employee Information Relay Service at 1–800– The temporary regulations that are the Retirement Income Security Act of 1974. 877–8339. subject of this correction are under Among the actuarial assumptions SUPPLEMENTARY INFORMATION: In interim section 1001 of the Internal Revenue prescribed in part 4044 are interest rule FR Doc. 98–24284 published on Code. assumptions. These interest assumptions are intended to reflect September 11, 1998, (63 FR 48926) Need for Correction make the following correction. On page current conditions in the financial and 48940, in the second column, correct As published, TD 8776 contains an annuity markets. the paragraph under the heading error which may prove to be misleading Two sets of interest assumptions are ‘‘Electronic Access and Filing Address’’ and is in need of clarification. prescribed, one set for the valuation of to read: benefits to be paid as annuities and one Correction of Publication ‘‘If you wish to comment on this set for the valuation of benefits to be paid as lump sums. This amendment interim rule, you may submit comments Accordingly, the publication of the adds to appendix B to part 4044 the through HUD’s Public Comment temporary regulations (TD 8776), which annuity and lump sum interest Webpage accessible through the Internet was the subject of FR Doc. 98–20023, is assumptions for valuing benefits in at http://www.hud.gov/ogc/ corrected as follows: regcom2.html. That webpage will enable plans with valuation dates during you to create an e-mail message § 1.985±8T [Corrected] November 1998. containing your comments. Your For annuity benefits, the interest On page 40369, column 2, § 1.985– assumptions will be 5.30 percent for the comments will be sent to the Rules 8T(c)(3)(iv)(B), third line from the top of Docket Clerk and will be available to first 25 years following the valuation the column, the language ‘‘year of date and 5.25 percent thereafter. The any person. If you send your comment change which includes the’’ is corrected through the Public Comment Webpage, annuity interest assumptions represent a to read ‘‘year ending immediately prior decrease (from those in effect for please DO NOT also send a paper copy to the year of change which includes of your comment.’’ October 1998) of 0.10 percent for the the’’. first 25 years following the valuation Dated: October 9, 1998. Cynthia E. Grigsby, date and are otherwise unchanged. For Camille E. Acevedo, Chief, Regulations Unit, Assistant Chief benefits to be paid as lump sums, the Assistant General Counsel for Regulations Counsel (Corporate). interest assumptions to be used by the [FR Doc. 98–27686 Filed 10–14–98; 8:45 am] [FR Doc. 98–27708 Filed 10–14–98; 8:45 am] PBGC will be 3.75 percent for the period BILLING CODE 4210±32±P BILLING CODE 4830±01±U during which a benefit is in pay status 55334 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations and 4.00 percent during any years benefits in plans with valuation dates follows: preceding the benefit’s placement in pay during November 1998, the PBGC finds status. The lump sum interest that good cause exists for making the PART 4044ÐALLOCATION OF assumptions represent a decrease (from assumptions set forth in this ASSETS IN SINGLE-EMPLOYER those in effect for October 1998) of 0.25 amendment effective less than 30 days PLANS percent for the period during which a after publication. 1. The authority citation for part 4044 The PBGC has determined that this benefit is in pay status; they are continues to read as follows: otherwise unchanged. action is not a ‘‘significant regulatory action’’ under the criteria set forth in Authority: 29 U.S.C. 1301(a), 1302(b)(3), The PBGC has determined that notice 1341, 1344, 1362. and public comment on this amendment Executive Order 12866. Because no general notice of proposed are impracticable and contrary to the 2. In appendix B, a new entry is rulemaking is required for this public interest. This finding is based on added to Table I, and Rate Set 61 is amendment, the Regulatory Flexibility the need to determine and issue new added to Table II, as set forth below. Act of 1980 does not apply. See 5 U.S.C. interest assumptions promptly so that The introductory text of each table is 601(2). the assumptions can reflect, as republished for the convenience of the accurately as possible, current market List of Subjects in 29 CFR Part 4044 reader and remains unchanged. conditions. Pension insurance, Pensions. Appendix B to Part 4044—Interest Because of the need to provide In consideration of the foregoing, 29 Rates Used to Value Annuities and immediate guidance for the valuation of CFR part 4044 is amended 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 =

******* November 1998 ...... 0530 1±25 .0525 >25 N/A N/A

[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 annuity 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 deferral period is y years (where y is an integer and n1 < y ≤ n11 + n2), interest rate i2 shall apply from the valuation date for a period of yÐn1 years, in- terest 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 > n11 + n2), interest rate i3 shall apply from the valuation date for a period of yÐn1Ðn2 years, interest rate i2 shall apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply.]

For plans with a valuation Immediate Deferred annuities (percent) Rate set date annuity rate On or after Before (percent) i1 i2 i3 n1 n2

******* 61 ...... 11±1±98 12±1±98 3.75 4.00 4.00 4.00 7 8

Issued in Washington, DC, on this 8th day ACTION: Final rule; petition for in the FCC Public Reference Room of October 1998. rulemaking. (Room 230), 1919 M Street, NW., David M. Strauss, Washington, DC 20554. The complete Executive Director, Pension Benefit Guaranty SUMMARY: The ceilings for the text of this Order may also be purchased Corporation. presubscribed interexchange carrier from the Commission’s copy contractor, [FR Doc. 98–27660 Filed 10–14–98; 8:45 am] charge (PICC) are scheduled to increase International Transcription Service, BILLING CODE 7708±01±P for all classes of customers on January 1231 20th Street, NW., Washington, DC 1, 1999. For the reasons set forth in this 20036. Order, we delay this increase until July 1, 1999. Regulatory Flexibility Analysis FEDERAL COMMUNICATIONS EFFECTIVE DATE: November 16, 1998. In the Access Charge Reform Order, COMMISSION FOR FURTHER INFORMATION CONTACT: 62 FR 31040 (June 6, 1997), we Tamara Preiss, 418–1505. TTY: (202) 47 CFR Part 69 conducted a Final Regulatory Flexibility 418–0484. Analysis as required by Section 604 of SUPPLEMENTARY INFORMATION: This is a the Regulatory Flexibility Act (RFA), as [CC Docket No. 96±262, FCC 98±257] summary of the Commission’s Third amended by the Contract with America Access Charge Reform Order on Reconsideration, released Advancement Act of 1996, Public Law October 5, 1998. The full text of this 104–121, 110 Stat. 847 (1996). The RFA AGENCY: Federal Communications Order is available for inspection and requires that a regulatory flexibility Commission. copying during normal business hours analysis be prepared for notice-and- Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55335 comment rulemaking proceedings, for primary residential and single-line may be reduced due to the new unless the agency certifies that ‘‘the rule business lines at $0.53 per month for the universal service support mechanism will not, if promulgated, have a first year, equal to the amount assessed and the X-Factor adjustment both taking significant economic impact on a IXCs in the past for those lines for effect on July 1, 1999. The imposition of substantial number of small entities.’’ 5 purposes of the former High Cost Fund. higher PICCs on January 1 followed by USC 605(b). In this Third Order on We set initial ceilings on the PICCs for decreases just six months later will Reconsideration we have revised the non-primary residential lines at $1.50 increase consumer confusion and rules to postpone the scheduled per month and for multi-line business frustration. We instead prefer to increases to PICC ceilings from January lines at $2.75 per month. On January 1, minimize rate churn, and so postpone 1, 1999, to July 1, 1999. We hereby 1999, the PICC ceilings are scheduled to the scheduled increase to the PICC certify that this postponement will not increase by the following amounts: ceilings. have a significant economic impact on $0.50 plus inflation for primary a substantial number of small entities, residential and single-line business Ordering Clauses because the action merely maintains the lines, $1.00 plus inflation for non- 6. Accordingly, it is ordered that, status quo concerning the maximum primary residential lines, and $1.50 plus pursuant to sections 4(i), and 201–205 PICCs that price cap LECs may charge inflation for multi-line business lines. of the Communications Act, 47 USC customers. The present action also, See 47 CFR 69.153. 154(i), and 201–205, and § 1.108 of the therefore, does not affect the previous 3. On our own motion, we postpone Commission’s rules, 47 CFR 1.108, we FRFA. The Commission will send a the scheduled increase of the PICC hereby amend § 69.153 as set forth copy of this Third Order on ceilings from January 1, 1999 to July 1, below. Reconsideration, including this 1999. (The filing of a petition for 7. It is further ordered that the certification, to the Chief Counsel for reconsideration tolls the thirty-day provisions of this Order will be effective Advocacy of the Small Business period our rules provide for sua sponte November 11, 1998. Administration. reconsideration. See 47 CFR 1.108, Central Florida Enterprises, Inc. v. FCC, List of Subjects in 47 CFR Part 69 Paperwork Reduction Act Analysis 598 F.2d 37, 48 n.51 (D.C. Cir. 1978), Communications common carriers. The decision contained herein has cert. dismissed, 441 U.S. 957 (1979), Federal Communications Commission. been analyzed with respect to the cert. denied, 460 U.S. 1084 (1983); Magalie Roman Salas, Paperwork Reduction Act of 1995, Pub. Radio Americana, Inc., 44 F.C.C. 2506, L. 104–13, and does not contain new 2510 (1961).) In the Access Charge Secretary. and/or modified information collections Reform Order, we established a system Rule Changes subject to Office of Management and that enables access charges better to Budget review. reflect the costs underlying those PART 69ÐACCESS CHARGES charges. We remain convinced that Summary of Report and Order 1. The authority citation for part 69 recovery of non-traffic sensitive costs continues to read as follows: 1. In the Access Charge Reform Order, through flat charges, rather than minute- 62 FR 31040 (June 6, 1997), we adopted of-use charges, on IXCs is the Authority: 47 U.S.C. 154, 201, 202, 203, common line rate structure appropriate recovery mechanism for 205, 218, 254, 403. modifications that permit price cap these costs. We believe, however, that 2. Section 69.153 is amended by local exchange carriers (LECs) to shift we should postpone implementation of revising paragraphs (c) introductory from a rate structure that recovers a the next round of shifts from per-minute text, (c)(2), (d)(1) introductory text, significant portion of non-traffic charges to PICCs. (d)(1)(ii), (d)(2) introductory text, sensitive common line costs through 4. Other adjustments to access (d)(2)(ii), and (e) to read as follows: per-minute carrier common line charges charges, most notably those involving to one that recovers these costs through universal service and the reductions § 69.153 Presubscribed interexchange flat-rated charges. The rate structure we associated with the annual application carrier charge (PICC). adopted retained the existing $3.50 of our price cap formula, take effect on * * * * * ceiling on the subscriber line charge July 1, 1999. Earlier this year, we (c) The maximum monthly PICC for (SLC) for primary residential and single- extended from January 1, 1999 until July primary residential subscriber lines and line business lines and increased the 1, 1999 the implementation date for the single-line business subscriber lines SLC ceilings on other lines to permit revised mechanism for determining shall be the lower of: LECs to recover a greater amount of the universal service high cost support for (1) * * * common line costs through flat-rated non-rural carriers. Under current rules, (2) $0.53. On July 1, 1999, this charges assessed on end users. To the interstate access charges are to go down amount shall be adjusted by the extent that SLC ceilings prevent price at that time to reflect the universal inflation factor computed under cap LECs from recovering their allowed service support that incumbent LECs paragraph (e) of this section, and common line revenues from end users, receive through the new high cost increased by $0.50. On July 1, 2000, and price cap LECs may recover the support mechanism. Also on July 1, in each subsequent year, this amount shortfall, subject to a maximum charge, 1999, price cap LECs’ annual access shall be adjusted by the inflation factor through PICCs. The PICC is a flat, per- tariffs will become effective. See 47 CFR computed under paragraph (e) of this line charge assessed on the end user’s 61.43. These new tariffs will reflect a section, and increased by $0.50. presubscribed interexchange carrier. downward adjustment of the price cap (d) * * * 2. In order to provide price cap LECs, indices due in large part to the ‘‘X- (1) The maximum monthly PICC for interexchange carriers (IXCs), and end Factor’’ and the low inflation non-primary residential subscriber lines users with adequate time to adjust to the experienced in the economy as a whole. shall be the lower of: new rate structure, we adopted an See 47 CFR 61.45. (i) * * * approach that phases in the PICC. We 5. If the scheduled increases in the (ii) $1.50. On July 1, 1999, this also established several different PICC ceilings were not delayed, PICCs amount shall be adjusted by the categories of PICCs, setting an initial cap that would increase on January 1, 1999 inflation factor computed under 55336 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations paragraph (e) of this section, and ACTION: Final rule. category; the rating of performance increased by $1.00. On July 1, 2000, and elements when there is a nonoccurrence in each subsequent year, this amount SUMMARY: The Office of Personnel of an event; and other sources than total shall be adjusted by the inflation factor Management (OPM) is issuing a final premium for the withhold. Some computed under paragraph (e) of this regulation that implements OPM’s commenters had the perception that the section, and increased by $1.00. initiative to ensure high quality withhold is a penalty rather than an (2) If the maximum monthly PICC for customer service to its enrollees in the incentive or that OPM might non-primary residential subscriber lines Federal Employees Health Benefits unilaterally withhold amounts for items is determined using paragraph (d)(1)(i) (FEHB) Program by establishing a not previously agreed to by contract. of this section, the maximum monthly performance evaluation program that Others were more concerned about the PICC for multi-line business subscriber will hold community-rated carriers absence of notification to carriers of lines shall equal the maximum monthly accountable for their performance. The withdrawal of funds, and the lack of an PICC of non-primary residential regulation would enable OPM to better appeals process. subscriber lines. Otherwise, the manage carriers’ performance in key Numerous carriers felt the rating maximum monthly PICC for multi-line contract areas, including customer categories outlined in the proposed business lines shall be the lower of: service measures, information and regulation and provided in detail in (i) * * * reporting requirements, and significant draft separately to carriers as the FEHB (ii) $2.75. On July 1, 1999, this events that might affect service to Program Carrier Evaluation form were amount shall be adjusted by the enrollees. subjective and had no assigned weights inflation factor computed under EFFECTIVE DATE: November 16, 1998. to the items of the performance paragraph (e) of this section, and FOR FURTHER INFORMATION CONTACT: standards. OPM considered the increased by $1.50. On July 1, 2000, and Mary Ann Mercer (202) 606–0004. comments and made the following changes to the FEHB Program Carrier in each subsequent year, this amount SUPPLEMENTARY INFORMATION: On July shall be adjusted by the inflation factor Evaluation form. Each item of the 16, 1998, OPM issued a proposed performance standard was ranked and computed under paragraph (e) of this regulation in the Federal Register (63 section, and increased by $1.50. assigned a weight, and components FR 38360) that would amend the within such elements were reviewed (e) For the PICC ceiling for primary Federal Employees Health Benefits residential subscriber lines and single- and streamlined to make the form more Acquisition Regulation (FEHBAR) to functional and objective. The total line business subscriber lines under underscore accountability for customer paragraph (c)(2) of this section, non- Customer Service and Critical Contract service and contractual compliance Compliance Requirements percentage primary residential subscriber lines among the Federal Employees Health under paragraph (d)(1)(ii) of this factors remain unchanged at a Benefits (FEHB) Program community- maximum of one percent of total section, and multi-line business rated carriers. Such a program is already subscriber lines under paragraph premium. in place for experience-rated carriers. Items of the standard, Meeting (d)(2)(ii) of this section: OPM has identified certain carrier Customer Service Performance (1) On July 1, 1999, the ceiling will be obligations that, when unmet, can delay Standards, were ranked as follows: (1) adjusted to reflect inflation as measured or keep customer service goals from Timely Closure on Rates and Benefits by the change in GDP–PI for the 18 being met. Percentage factors will be Consistent with Policy Guidelines; (2) months ending March 31, 1999. assigned to two overall categories, Customer Information; (3) Meeting (2) On July 1 of each subsequent year, Customer Service and Critical Contract Customer Service Performance the ceiling will be adjusted to reflect Compliance Requirements. The Standards; (4) Cooperation in Surveys; inflation as measured by the change in Contracting Officer will assign a (5) Paperless Enrollment/Enrollment GDP–PI for the 12 months ending on percentage factor for each category Reconciliation, and; (6) March 31 of the year the adjustment is based on the carrier’s record in meeting Reconsideration/Disputed Claims. The made. its obligations during the contract year. Critical Contract Compliance (3) On July 1 of each subsequent year, The percentage factor will be applied to Requirements were ranked: (1) the ceiling will be adjusted to reflect each community-rated carrier’s total Timeliness of Submissions, (2) inflation as measured by the change in annual FEHB premium. The total Notification of Changes in Contract GDP–PI for the 12 months ending on amount withheld from a carrier cannot Administrators, and; (3) Notification of March 31 of the year the adjustment is exceed one percent of premium paid for Changes in Name or Ownership or made. any contract year. Accurate and timely Transfer of Assets, and Notification of * * * * * performance by carriers will facilitate Other Significant Events. [FR Doc. 98–27676 Filed 10–14–98; 8:45 am] the Program meeting its customer One commenter expressed concern BILLING CODE 6712±01±P service standards. about how carriers would be rated for OPM received comments from sixteen the nonoccurrence of an event, such as insurance carriers, one Government would likely occur in the Critical OFFICE OF PERSONNEL agency, and one health plan trade Contract Compliance Requirements. MANAGEMENT association. The majority of the Carriers will be evaluated on each item commenters were in favor of the of the performance category and it is 48 CFR Parts 1609, 1632 and 1652 proposed regulations, although each had expected that, in most cases, the specific areas of concern, which are performance factor percentage applied RIN 3206±AI16 addressed below. to carriers’ total premium will be Federal Employees Health Benefits Comments focused on uncertainty substantially less than one percent. If an Program Improving Carrier regarding the amount of money at event does not occur, no deduction will Performance; Conforming Changes potential risk; subjectivity of the FEHB be taken. Program Carrier Evaluation rating OPM has considered the carriers’ AGENCY: Office of Personnel system; the percentage of premium comments about using contingency Management. used; the absence of weights for each reserves as the source of the withhold, Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55337 but we do not believe such reserve is the other issues of contract administration. 1609.7101±1 Community-rated carrier appropriate vehicle. The clause has In the event that a performance factor is incentive performance elements. been amended to allow the carrier 60 applied against a carrier, OPM will (a) Customer Service. This element is days in which to rebate the FEHB inform the carrier of the amount due intended to assist OPM in achieving the Program before OPM will take action to and will provide documentation goal of providing customer service that withhold the amount owed from the supporting the reasons for the meets or exceeds the expectations of carrier’s total premiums. Carriers are performance finding. The carrier may Federal enrollees. The Customer Service also assured that OPM will not apply seek reconsideration of the finding, and category will represent 70 percent of the the withhold provision in the Payments may contest the Contracting Officer’s total calculation and will be based on clause to matters not previously agreed final decision by asserting a claim the carrier’s compliance with the to as a program or contract requirement against the government in the same following items: between OPM and the carriers. manner that the carrier would pursue (1) Timely Closure on Rates and Two commenters stated that the any other administrative claim under Benefits Consistent with Policy performance regulation does not the contract. Guidelines. In order for information to comport with the Debt Collection Act, 5 be available to our customers in time for U.S.C. 5514. The Debt Collection Act Regulatory Flexibility Act the annual Open Season, carriers must referenced by this commenter does not work with OPM to conclude benefits I certify that this regulation will not apply to the government contracts and rate negotiations by the established have a significant economic impact on affected by this regulation. Rather, that time frames. The contracting officer will Act relates to actions of the United a substantial number of small entities evaluate this item based on the carrier’s States in collecting debts owed by because in no case will it affect more demonstrated record in providing its employees or members of the Armed than one percent of a carrier’s premium. rate reconciliation and benefits Services by offset from certain List of Subjects in 48 CFR Parts 1609, information within the time frames authorized sources of pay. The Act does 1632, and 1652 prescribed by and in the format required not apply with respect to the collection by OPM. or offset of monies owed to the United Administrative practice and (2) Customer Information. Enrollees States by an insurance carrier under procedure, Government employees, must have accurate information and contract with the government. Government procurement, Health adequate time to make informed Open The same commenters stated that the facilities, Health insurance, Health Season choices in selecting a health performance regulation does not professions, Reporting and record plan. In evaluating this item, the comport with ‘‘Contract Debts,’’ Part keeping requirements, Retirement. contracting officer will consider the 32.6 of the FAR. It is OPM’s view that carrier’s timeliness and accuracy of Office of Personnel Management. the contract debt provisions harmonize information. with and support the implementation of Janice R. Lachance, (3) Meeting Customer Service the performance regulation. Assuming Director. Performance Standards. Compliance that the performance failure were Accordingly, OPM is amending title with this item is essential so that OPM considered a contract debt, Part 32.6 of 48 CFR Parts 1609, 1632, and 1652 as can ensure that the carrier is providing the FAR contains provisions that follows: quality health care and other services to contemplate liquidation of the debt by enrollees. The contracting officer will credit against existing unpaid bills due CHAPTER 16ÐOFFICE OF PERSONNEL evaluate this item based on the carrier’s the contractor, or offset of the debt in MANAGEMENT FEDERAL EMPLOYEES submission of the Consumer HEALTH BENEFITS ACQUISITION Assessment of Health Plans Study place of demand for payment so long as REGULATION an explanation of the offset is provided. (CAHPS) survey results and other In the event that a performance amount 1. The authority citation for 48 CFR measures as required contractually is withheld from premium payment to Parts 1609, 1632, and 1652 continue to between OPM and the carrier. (This a carrier, OPM intends to provide full read as follows: element will be implemented beginning with contract year 2000). information and explanation with Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); (4) Cooperation in Surveys. FEHB respect to the offset. Thus, we do not 48 CFR 1.301. believe that the performance regulation enrollees rely on feedback from the fails to comport with Part 32.6 of the PART 1609ÐCONTRACTOR consumer assessment survey in FAR. QUALIFICATIONS selecting a health plan. The contracting Numerous commenters stated that the officer will evaluate this item based on performance regulation constitutes a 2. Subpart 1609.71 is added to read as the carrier’s record in cooperating with penalty and not an incentive. In the follows: OPM and/or its designated private sector various purchasing groups representative in administering a use comparable performance factors as Subpart 1609.71ÐPerformance Evaluation consumer assessment survey or incentives. Such programs frequently Sec. providing comparable survey results as require a rebate by the carrier when 1609.7101 Policy. specified in the FEHB contract and OPM certain purchaser set requirements are 1609.7101–1 Community-rated carrier guidance. not met. Incentive by definition is incentive performance elements. (5) Paperless Enrollment/Enrollment neither positive or negative. 1609.7101–2 Community-rated carrier Reconciliation—(i) Paperless Nevertheless, we have changed the term performance factors. Enrollment. The requirement to cooperate in the OPM designated system from performance incentive to 1609.7101 Policy. performance clause. for paperless enrollment is under the In response to concerns about a At the end of each contract period, the section entitled ‘‘Enrollment carrier’s right to appeal a performance contracting officer will determine each Instructions’’ in the FEHB Supplemental determination, OPM seeks to assure community-rated carrier’s Literature Guidelines in the FEHB carriers that the appeals process will be responsiveness to the Program contract. The contracting officer will consistent with the appeals process for requirements in 1609.7101–1. evaluate this item based on the carrier’s 55338 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations ability to accept electronic data issues can be resolved quickly. The COMMUNITY-RATED CARRIER transmission from the OPM designated contracting officer will evaluate this PERFORMANCE FACTORS electronic enrollment system and issue item based on the carrier’s compliance ID cards timely. with the Notice clause and Contract Performance (ii) Enrollment Reconciliation. The Administration Data sheet in the factor (to be requirement for carriers to reconcile multiplied by contract, and will consider the carrier’s Element premium and their enrollment records on a quarterly record in notifying OPM promptly of withheld from basis with those provided by Federal changes in its carrier representative or carrier's pay- Government agencies is in the Records ments) contracting official, mailing or and Information to be Furnished by electronic address, telephone or FAX OPM clause of the contract, as well as I. Customer Service (70% of 5 CFR 890.110 and 5 CFR 890.308. The number. Total) ...... 007 contracting officer will evaluate this (3) Notification of Changes in Name II. Critical Contract Compli- ance Requirements (30% of item based on the carrier’s demonstrated or Ownership; or Transfer of Assets, and Total) ...... 003 record of initiating reconciliation Notification of Other Significant Events. Maximum Aggregate Perform- procedures with applicable agency OPM must be able to assess the viability ance Factor ...... 01 payroll offices on a quarterly basis in of the carrier and its ability to provide accordance with OPM guidance on health care to enrollees so that they do PART 1632ÐCONTRACT FINANCING reconciling enrollments and resolving not experience difficulty obtaining enrollment discrepancies, as well as on treatment and other services. 3. In section 1632.170, paragraphs (a) the carrier’s demonstrated record of Additionally, with regard to notification and (b)(1) are revised to read as follows: following disenrollment procedures in to OPM of other significant events, the 1632.170 Recurring premium payments to accordance with 5 CFR 890.110 and carrier must notify OPM of such events 890.308. carriers. as lawsuits, strikes, and natural (6) Reconsideration/Disputed Claims. (a)(1) Recurring payments to carriers The requirement for carriers to disasters so that OPM can assess the carrier’s ability to pay claims and of community-rated plans. OPM will reconsider disputed health benefits pay to carriers of community-rated provide services to enrollees. The claims is in 5 CFR 890.105. An plans the premium payments received contracting officer will evaluate this incomplete explanation of denied for the plan less the amounts credited to item based on the carrier’s compliance benefits by the carrier places a burden the contingency and administrative on enrollees, causing them to seek with FEHBAR Subparts 1642.12, reserves, amounts assessed under reconsideration because the carrier did Novation and Change-of-Name paragraph (a)(2) of this section, and not fully explain its denial. Late carrier Agreements, 1642.70, Management amounts due for other contractual responses to OPM’s requests for the Agreement (in Lieu of Novation obligations. Premium payments will be carrier’s reconsideration file delays Agreement), and 1652.222–70, due and payable not later than 30 days OPM’s response to enrollees. The including timely notification and after receipt by the Federal Employees contracting officer will evaluate this explanation of all significant events that Health Benefits (FEHB) Fund. item based on whether the carrier may have a material effect on the (2) The sum of the two performance provided OPM a complete carrier’s ability to perform the contract. factors applicable under 1609.7101–2 reconciliation file within the time frame will be multiplied by the carrier’s total 1609.7101±2 Community-rated carrier specified. net-to-carrier premium dollars paid for (b) Critical Contract Compliance performance factors. the preceding contract period. The Requirements. This performance OPM will apply the Customer Service amount obtained after the total premium category will represent 30 percent of the and Critical Contract Compliance is multiplied by the sum of the factors total computation and will be based on will be withheld from the carrier’s the carrier’s compliance with the Requirements percentage factors periodic premium payment payable following items: specified by the contracting officer (1) Timely Submissions. The reports when a community-rated carrier does during the first quarter of the following specified in the Statistics and Special not provide the information, payment, contract period unless an alternative Studies and FEHB Quality Assurance or service, perform the function, or payment arrangement is made with the clauses of the contract and are essential otherwise meet its obligations as stated carrier’s contracting officer. OPM will for tracking enrollment, finances, rates, in 1609.7101–1. The total premium will deposit the withheld funds in the etc. In evaluating this item, the be multiplied by the sum of all the carrier’s contingency reserve for the contracting officer will consider the factors and the resulting amount will be plan. The aggregate amount withheld carrier’s timely submission of the withheld from the carrier’s periodic annually for performance for any carrier will not exceed one percent of premium contract, signed by the contracting premium payments payable during the for any contract period. official, to OPM, and on its first quarter of the following contract (b)(1) Recurring payments to carriers demonstrated record in providing period, unless an alternative payment of experience-rated plans. OPM will timely and accurate reports as required. arrangement is made with the carrier’s make payments on a letter of credit (2) Notification of Changes in contracting officer. Contract Administrators. OPM must be (LOC) basis. Premium payments able to reach the person responsible for The factors for each basic element are received for the plan, less the amounts managing the carrier’s FEHB contract set forth as follows: credited to the contingency and without delay when an enrollee calls administrative reserves and amounts for OPM in need of urgent medical other obligations due under the treatment, an ID card, or other service. contract, will be made available for Each carrier’s designated contact must carrier drawdown not later than 30 days maintain telephone and electronic after receipt by the FEHB Fund. communications with OPM so that * * * * * Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55339

PART 1652ÐCONTRACT CLAUSES 1652.244±70 [Amended] FOR FURTHER INFORMATION CONTACT: 6. In section 1652.244–70, in Sarah McLaughlin, 301–713–2347, or 4. In 1652.232–70 the clause date is paragraph (f), the FAR reference Pat Scida, 978–281–9260. revised, and paragraphs (b), (c), and (d) ‘‘15.903(d)’’ is removed and the FAR SUPPLEMENTARY INFORMATION: are redesignated as (c), (d), and (e) reference ‘‘15.404–4(c)(4)(i)’’ is added in Regulations implemented under the respectively, paragraph (a) is revised, its place. authority of the Atlantic Tunas and a new paragraph (b) is added to 7. The following clauses and Text Convention Act (16 U.S.C. 971 et seq.) read as follows: references in the FEHBP Clause Matrix governing the harvest of BFT by persons at 1652.3 are revised as follows: FAR 1652.232±70 PaymentsÐcommunity-rated and vessels subject to U.S. jurisdiction contracts. 52.215–22 and FAR 15.804–8(a) are are found at 50 CFR part 285. revised to read 52.215–10 and 15.408(b) Implementing regulations at 50 CFR * * * * * respectively; 52.215–24 and 15.804–8(c) 285.22 subdivide the U.S. quota PAYMENTS (JAN 1999) are revised to read 52.215–12 and recommended by the International (a) OPM will pay to the Carrier, in full 15.408(d) respectively; 52.215–27 and Commission for the Conservation of settlement of its obligations under this 15.804–8(e) are revised to read 52.215– Atlantic Tunas among the various contract, subject to adjustment for error or 15 and 15.408(g) respectively; 52.215– domestic fishing categories. fraud, the subscription charges received for 30 and 15.904(a) are revised to read Section 285.22(a)(3) was amended on the plan by the Employees Health Benefits 52.215–16 and 15.408(h) respectively; May 21, 1998 (63 FR 27862), to permit Fund (hereinafter called the Fund) less the 52.215–31 and 15.904(b) are revised to implementation of the set-aside for the amounts set aside by OPM for the read 52.215–17 and 15.408(i) Contingency Reserve and for the traditional fall New York Bight fishery administrative expenses of OPM, amounts respectively; and 52.215–39 and when the coast-wide General category assessed under FEHBAR 1609.7101–2, and 15.804–8(f) are revised to read 52.215– fishery has been closed in any quota amounts for obligations due pursuant to 18 and 15.408(j) respectively; FAR period. The New York Bight set-aside paragraph (b) of this clause, plus any 52.215–70 is revised to read 1652.215– area is defined as the waters south and payments made by OPM from the 70. west of a straight line originating at a Contingency Reserve. 8. In Subpart 1652.3, FEHBP Clause point on the southern shore of Long (b) OPM will notify the Carrier of amounts Matrix, clause number 52.222–36 is Island at 72°27’ W. long. (Shinnecock due for outstanding obligations under the revised to read Affirmative Action for Inlet) and running SSE 150° true, and contract. Not later than 60 days after the date Workers with Disabilities. north of 38°47’ N. lat. (Delaware Bay). of written notice from OPM, the Carrier shall reimburse OPM. If payment is not received [FR Doc. 98–27343 Filed10–14–98; 8:45 am] The regulatory amendment allowed within the prescribed time frame, OPM shall BILLING CODE 6325±01±P NMFS more flexibility in making the withhold the amount due from the quota of 10 mt set aside for this area subscription charges owed the Carrier under available to coincide with the presence paragraph (a) of this clause. DEPARTMENT OF COMMERCE of BFT in the Mud Hole area. During the * * * * * previous opening of the New York Bight fishery, effective September 16–30, no 5. In 1652.232–71 the clause date is National Oceanic and Atmospheric landings of large medium or giant BFT revised, paragraphs (b), (c), and (d) are Administration were reported. Therefore, all 10 mt of redesignated as (c), (d), and (e) 50 CFR Part 285 the set-aside remain. NMFS closed the respectively, paragraph (a) is revised, coastwide General category fishery for and a new paragraph (b) is added to [I.D. 100798C] October through December effective read as follows: Atlantic Tuna Fisheries; Atlantic October 5, 1998 (63 FR 54078, October 1652.232±71 PaymentsÐexperience-rated Bluefin Tuna General Category 8, 1998). contracts. The New York Bight fishery will * * * * * AGENCY: National Marine Fisheries reopen effective Friday, October 9, 1998, Service (NMFS), National Oceanic and 1 a.m. local time until December 31, PAYMENTS (JAN 1999) Atmospheric Administration (NOAA), 1998, or until the date that the set-aside (a) OPM will pay to the Carrier, in full Commerce. quota is determined to have been taken, settlement of its obligations under this ACTION: which will be published in the Federal contract, subject to adjustment for error or Reopening of New York Bight fraud, the subscription charges received for fishery. Register. Upon the effective date of the the Plan by the Employees Health Benefits New York Bight reopening, persons SUMMARY: NMFS has determined that Fund (hereinafter called the Fund) less the aboard vessels permitted in the General amounts set aside by OPM for the the Atlantic Bluefin Tuna (BFT) General category may fish for, retain, possess, or Contingency Reserve and for the category New York Bight set-aside has land large medium and giant BFT only administrative expenses of OPM and not been reached. Therefore, NMFS in the New York Bight set-aside area amounts for obligations due pursuant to reopens the BFT General category New specified here, until the set-aside quota paragraph (b) of this clause, plus any York Bight fishery. This action is being for that area has been harvested. BFT payments made by OPM from the taken to provide for General category harvested from waters outside the Contingency Reserve. fishing opportunities in the New York defined set-aside area may not be (b) OPM will notify the Carrier of amounts Bight area only and to ensure additional due for outstanding obligations under the brought into the set-aside area. Vessels collection of biological assessment and permitted in the Charter/Headboat contract. Not later than 60 days after the date monitoring data. of written notice from OPM, the Carrier shall category, when fishing for large medium reimburse OPM. If payment is not received DATES: Effective October 9, 1998, 1 a.m. and giant BFT, are subject to the same within the prescribed time frame, OPM shall local time until December 31, 1998, or rules as General category vessels when withhold the amount due from the until the date that the set-aside quota is the General category is open. subscription charges owed the Carrier under determined to have been taken, which The announcement of the closure date paragraph (a) of this clause. will be published in the Federal of the New York Bight fishery will be * * * * * Register. filed with the Office of the Federal 55340 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

Register and further communicated SUPPLEMENTARY INFORMATION: The Dated: October 8, 1998. through the Highly Migratory Species groundfish fishery in the GOA exclusive Bruce C. Morehead, (HMS) Fax Network, the HMS economic zone is managed by NMFS according to the Fishery Management Acting Director, Office of Sustainable Information Line, NOAA weather radio, Fisheries, National Marine Fisheries Service. and Coast Guard Notice to Mariners. Plan for Groundfish of the Gulf of [FR Doc. 98–27669 Filed 10–9–98; 2:34 pm] Although notification of the closure will Alaska (FMP) prepared by the North be provided as far in advance as Pacific Fishery Management Council BILLING CODE 3510±22±F possible, fishermen are encouraged to under authority of the Magnuson- Stevens Fishery Conservation and call the HMS Information Line to check DEPARTMENT OF COMMERCE the status of the fishery before leaving Management Act. Fishing by U.S. for a fishing trip. The phone numbers vessels is governed by regulations National Oceanic and Atmospheric for the HMS Information Line are (301) implementing the FMP at subpart H of Administration 713-1279 and (978) 281-9305. 50 CFR part 600 and 50 CFR part 679. Information regarding the Atlantic tuna The 1998 TAC of Pacific cod allocated 50 CFR Part 679 fisheries is also available toll free to vessels catching Pacific cod for processing by the offshore component in [Docket No. 971208297±8054±02; I.D. through NextLink Interactive, Inc., at 100898C] (888) USA-TUNA. the Central Regulatory Area was established as 3,337 metric tons by the Classification Fisheries of the Exclusive Economic Final 1998 Harvest Specifications of Zone Off Alaska; Pacific Cod in the This action is taken under 50 CFR Groundfish for the GOA (63 FR 12027, Central Regulatory Area of the Gulf of 285.22 and is exempt from review under March 12, 1998). See § 679.20(c)(3)(iii). Alaska E.O. 12866. In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, AGENCY: National Marine Fisheries Authority: 16 U.S.C. 971 et seq. NMFS (Regional Administrator), has Service (NMFS), National Oceanic and Dated: October 8, 1998. determined that the 1998 TAC of Pacific Atmospheric Administration (NOAA), Bruce C. Morehead, cod allocated to vessels catching Pacific Commerce. Acting Director, Office of Sustainable cod for processing by the offshore ACTION: Closure. Fisheries, National Marine Fisheries Service. component in the Central Regulatory [FR Doc. 98–27577 Filed 10–8–98; 3:53 pm] Area of the GOA will be reached. SUMMARY: NMFS is prohibiting directed BILLING CODE 3510±22±F Therefore, the Regional Administrator is fishing for Pacific cod by vessels establishing a directed fishing catching Pacific cod for processing by allowance of 2,000 mt, and is setting the inshore component in the Central DEPARTMENT OF COMMERCE aside the remaining 1,337 mt as bycatch Regulatory Area of the Gulf of Alaska to support other anticipated groundfish (GOA). This action is necessary to National Oceanic and Atmospheric fisheries. In accordance with prevent exceeding the 1998 total Administration § 679.20(d)(1)(iii), the Regional allowable catch (TAC) of Pacific cod Administrator finds that this directed allocated to vessels catching Pacific cod 50 CFR Part 679 fishing allowance will soon be reached. for processing by the inshore Consequently, NMFS is prohibiting component in this area. [Docket No. 971208297±8054±02; I.D. directed fishing for Pacific cod by DATES: Effective 1200 hrs, Alaska local 100898B] vessels catching Pacific cod for time (A.l.t.), October 9, 1998, until 2400 processing by the offshore component in hrs, A.l.t., December 31, 1998. Fisheries of the Exclusive Economic the Central Regulatory Area of the GOA. Zone Off Alaska; Pacific Cod in the Maximum retainable bycatch amounts FOR FURTHER INFORMATION CONTACT: Central Regulatory Area of the Gulf of may be found in the regulations at Andrew Smoker, 907–586–7228. Alaska § 679.20(e) and (f). SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the AGENCY: National Marine Fisheries Classification GOA exclusive economic zone Service (NMFS), National Oceanic and This action responds to the best according to the Fishery Management Atmospheric Administration (NOAA), available information recently obtained Plan for Groundfish of the Gulf of Commerce. from the fishery. It must be Alaska (FMP) prepared by the North ACTION: Closure. implemented immediately to prevent Pacific Fishery Management Council overharvesting the 1998 TAC of Pacific under authority of the Magnuson- SUMMARY: NMFS is prohibiting directed cod allocated to vessels catching Pacific Stevens Fishery Conservation and fishing for Pacific cod by vessels cod for processing by the offshore Management Act. Regulations governing catching Pacific cod for processing by component in the Central Regulatory fishing by U.S. vessels in accordance the offshore component in the Central Area of the GOA. A delay in the with the FMP appear at subpart H of 50 Regulatory Area of the Gulf of Alaska effective date is impracticable and CFR part 600 and 50 CFR part 679. (GOA). This action is necessary to contrary to public interest, and further The 1998 TAC of Pacific cod allocated prevent exceeding the 1998 total delay would only result in overharvest. to vessels catching Pacific cod for allowable catch (TAC) of Pacific cod NMFS finds for good cause that the processing by the inshore component in allocated to vessels catching Pacific cod implementation of this action should the Central Regulatory Area was for processing by the offshore not be delayed for 30 days. Accordingly, established as 30,037 metric tons (mt) component in this area. under 5 U.S.C. 553(d), a delay in the by the Final 1998 Harvest Specifications DATES: Effective 1200 hrs, Alaska local effective date is hereby waived. of Groundfish for the GOA (63 FR time (A.l.t.), October 9, 1998, until 2400 This action is required by § 679.20 12027, March 12, 1998). See hrs, A.l.t., December 31, 1998. and is exempt from review under E.O. § 679.20(c)(3). On April 16, 1998 (63 FR FOR FURTHER INFORMATION CONTACT: 12866. 18848) it was increased by an Andrew Smoker, 907–486-6919. Authority: 16 U.S.C. 1801 et seq. apportionment of reserves to 37,548 mt. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55341

The fishery for Pacific cod by vessels DEPARTMENT OF COMMERCE (63 FR 52985) in order to fully utilize catching Pacific cod for processing by the TAC. the inshore component in the Central National Oceanic and Atmospheric The Regional Administrator has Regulatory Area of the GOA was closed Administration establishing a directed fishing to directed fishing under allowance of 20,753 mt, and is setting 50 CFR Part 679 § 679.20(d)(1)(iii) on March 10, 1998, aside the remaining 100 mt as bycatch to support other anticipated groundfish (63 FR 12416 March 13, 1998) and [Docket No. 971208297±8054±02; I.D. opened to directed fishing on October 5, 100998B] fisheries. In accordance with § 679.20(d)(1)(iii), the Regional 1998 (63 FR 52986) in order to fully Administrator finds that this directed utilize the TAC. Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the fishing allowance will soon be reached. The Regional Administrator has Western Regulatory Area of the Gulf of Consequently, NMFS is prohibiting establishing a directed fishing Alaska directed fishing for Pacific cod by allowance of 37,448 mt, and is setting vessels catching Pacific cod for aside the remaining 100 mt as bycatch AGENCY: National Marine Fisheries processing by the inshore component in to support other anticipated groundfish Service (NMFS), National Oceanic and the Western Regulatory Area of the fisheries. In accordance with Atmospheric Administration (NOAA), GOA. § 679.20(d)(1)(iii), the Regional Commerce. Maximum retainable bycatch amounts Administrator finds that this directed ACTION: Closure. may be found in the regulations at fishing allowance will soon be reached. § 679.20(e) and (f). SUMMARY: Consequently, NMFS is prohibiting NMFS is prohibiting directed fishing for Pacific cod by vessels Classification directed fishing for Pacific cod by catching Pacific cod for processing by This action responds to the best vessels catching Pacific cod for the inshore component in the Western available information recently obtained processing by the inshore component in Regulatory Area of the Gulf of Alaska from the fishery. It must be the Central Regulatory Area of the GOA. (GOA). This action is necessary to implemented immediately to prevent Maximum retainable bycatch amounts prevent exceeding the 1998 total overharvesting the 1998 TAC of Pacific may be found in the regulations at allowable catch (TAC) of Pacific cod cod allocated to vessels catching Pacific § 679.20(e) and (f). allocated to vessels catching Pacific cod cod for processing by the inshore for processing by the inshore component in the Western Regulatory Classification component in this area. Area of the GOA. A delay in the This action responds to the best DATES: Effective 1200 hrs, Alaska local effective date is impracticable and contrary to the public interest, and available information recently obtained time (A.l.t.), October 11, 1998, until further delay would only result in from the fishery. It must be 2400 hrs, A.l.t., December 31, 1998. overharvest. NMFS finds for good cause implemented immediately to prevent FOR FURTHER INFORMATION CONTACT: that the implementation of this action Andrew Smoker, 907–586–7228. overharvesting the 1998 TAC of Pacific should not be delayed for 30 days. cod allocated to vessels catching Pacific SUPPLEMENTARY INFORMATION: NMFS Accordingly, under 5 U.S.C. 553(d), a cod for processing by the inshore manages the groundfish fishery in the delay in the effective date is hereby component in the Central Regulatory GOA exclusive economic zone waived. Area of the GOA. A delay in the according to the Fishery Management This action is required by § 679.20 effective date is impracticable and Plan for Groundfish of the Gulf of and is exempt from review under E.O. contrary to the public interest, and Alaska (FMP) prepared by the North 12866. Pacific Fishery Management Council further delay would only result in Authority: 16 U.S.C. 1801 et seq. overharvest. NMFS finds for good cause under authority of the Magnuson- that the implementation of this action Stevens Fishery Conservation and Dated: October 9, 1998. should not be delayed for 30 days. Management Act. Regulations governing Richard W. Surdi, Accordingly, under 5 U.S.C. 553(d), a fishing by U.S. vessels in accordance Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. delay in the effective date is hereby with the FMP appear at subpart H of 50 waived. CFR part 600 and 50 CFR part 679. [FR Doc. 98–27736 Filed 10–9–98; 4:44 pm] The 1998 TAC of Pacific cod allocated BILLING CODE 3510±22±F This action is required by § 679.20 to vessels catching Pacific cod for and is exempt from review under E.O. processing by the inshore component in 12866. the Western Regulatory Area was DEPARTMENT OF COMMERCE Authority: 16 U.S.C. 1801 et seq. established as 16,682 metric tons (mt) by the Final 1998 Harvest Specifications National Oceanic and Atmospheric Dated: October 8, 1998. of Groundfish for the GOA (63 FR Administration Bruce C. Morehead, 12027, March 12, 1998). See 50 CFR Part 679 Acting Director, Office of Sustainable § 679.20(c)(3). On April 16, 1998 (63 FR Fisheries, National Marine Fisheries Service. 18848) it was increased by an [Docket No. 971208297±8054±02, I.D. [FR Doc. 98–27668 Filed 10–9–98; 2:34 pm] apportionment of reserves to 20,853 mt. 100998A] BILLING CODE 3510±22±F The fishery for Pacific cod by vessels Fisheries of the Economic Exclusive catching Pacific cod for processing by Zone Off Alaska; Trawl Gear in the Gulf the inshore component in the Western of Alaska Regulatory Area of the GOA was closed to directed fishing under AGENCY: National Marine Fisheries § 679.20(d)(1)(iii) on March 3, 1998, (63 Service (NMFS), National Oceanic and FR 11160, March 6, 1998) and opened Atmospheric Administration (NOAA), to directed fishing on October 5, 1998, Commerce. 55342 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

ACTION: Closure. the public interest. The fleet has caught under authority of the Magnuson- the 1998 trawl Pacific halibut PSC limit Stevens Fishery Conservation and SUMMARY: NMFS is closing directed in the GOA. Further delay would only Management Act. Regulations governing fishing for groundfish by vessels using result in the 1998 trawl Pacific halibut fishing by U.S. vessels in accordance trawl gear in the Gulf of Alaska (GOA), PSC limit being exceeded and disrupt with the FMP appear at subpart H of 50 except for directed fishing for pollock the FMP’s objective of limiting trawl CFR part 600 and 50 CFR part 679. by vessels using pelagic trawl gear in Pacific halibut mortality. NMFS finds those portions of the GOA open to In accordance with § 679.20(c)(3)(ii), for good cause that the implementation the Final 1998 Harvest Specifications of directed fishing for pollock. This action of this action cannot be delayed for 30 is necessary because the 1998 Pacific Groundfish for the GOA (63 FR 12027, days. Accordingly, under U.S.C. 553(d), March 12, 1998) established the amount halibut prohibited species catch (PSC) a delay in the effective date is hereby limit for trawl gear in the GOA has been of the 1998 TAC of pollock in Statistical waived. caught. Area 620 of the GOA as 50,045 metric This action is required by 50 CFR tons (mt). DATES: Effective 1200 hrs, Alaska local 679.21 and is exempt from review under time (A.l.t.), October 9, 1998, until 1200 E.O. 12866. In accordance with § 679.20(d)(1)(i), hrs, A.l.t., December 31, 1998. the Administrator, Alaska Region, Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: NMFS (Regional Administrator), has Mary Furuness, 907–586–7228. Dated: October 9, 1998. determined that the 1998 TAC for SUPPLEMENTARY INFORMATION: NMFS Richard W. Surdi, pollock will be reached. Therefore, the manages the groundfish fishery in the Acting Director, Office of Sustainable Regional Administrator is establishing a GOA exclusive economic zone Fisheries, National Marine Fisheries Service. directed fishing allowance of 49,845 mt, according to the Fishery Management [FR Doc. 98–27735 Filed 10–9–98; 4:44 pm] and is setting aside the remaining 200 Plan for Groundfish of the Gulf of BILLING CODE 3510±22±F mt as bycatch to support other Alaska (FMP) prepared by the North anticipated groundfish fisheries. In Pacific Fishery Management Council accordance with § 679.20(d)(1)(iii), the under authority of the Magnuson- DEPARTMENT OF COMMERCE Regional Administrator finds that this Stevens Fishery Conservation and directed fishing allowance has been Management Act. Regulations governing National Oceanic and Atmospheric reached. Consequently, NMFS is fishing by U.S. vessels in accordance Administration prohibiting directed fishing for pollock with the FMP appear at subpart H of 50 in Statistical Area 620 of the GOA. 50 CFR Part 679 CFR part 600 and 50 CFR part 679. Maximum retainable bycatch amounts The Final 1998 Harvest Specifications [Docket No. 971208297±8054±02; I.D. may be found in the regulations at of Groundfish for the GOA (63 FR 100998C] § 679.20(e) and (f). 12027, March 12, 1998) established the 1998 Pacific halibut PSC limit for Fisheries of the Exclusive Economic Classification Zone Off Alaska; Pollock in Statistical vessels using trawl gear at 2,000 metric This action responds to the best tons (mt). The Acting Administrator, Area 620 of the Gulf of Alaska available information recently obtained Alaska Region, has determined, in AGENCY: National Marine Fisheries from the fishery. It must be accordance with § 679.21(d)(7)(i), that Service (NMFS), National Oceanic and implemented immediately to prevent vessels engaged in directed fishing for Atmospheric Administration (NOAA), overharvesting the 1998 TAC of pollock groundfish with trawl gear in the GOA Commerce. for Statistical Area 620 of the GOA. A have caught the 1998 Pacific halibut ACTION: delay in the effective date is PSC limit. Therefore, NMFS is closing Closure. impracticable and contrary to the public the directed fishery for groundfish by SUMMARY: NMFS is prohibiting directed interest. Further delay would only result vessels using trawl gear in the GOA, fishing for pollock in Statistical Area in overharvest. NMFS finds for good except for directed fishing for pollock 620 of the Gulf of Alaska (GOA). This cause that the implementation of this by vessels using pelagic trawl gear in action is necessary to prevent exceeding action should not be delayed for 30 those portions of the GOA that remain the 1998 total allowable catch (TAC) of days. Accordingly, under 5 U.S.C. open to directed fishing for pollock. pollock in this area. Maximum retainable bycatch amounts 553(d), a delay in the effective date is DATES: Effective 1200 hrs, Alaska local may be found in the regulations at hereby waived. time (A.l.t.), October 12, 1998, until § 679.20(e) and (f). This action is required by 50 CFR 2400 hrs, A.l.t., December 31, 1998. 679.20 and is exempt from review under Classification FOR FURTHER INFORMATION CONTACT: E.O. 12866. Thomas Pearson, 907–486-6919. This action responds to the best Authority: 16 U.S.C. 1801 et seq. available information recently obtained SUPPLEMENTARY INFORMATION: NMFS from the fishery. It must be manages the groundfish fishery in the Dated: October 9, 1998. implemented immediately to prevent GOA exclusive economic zone Richard W. Surdi, exceeding the 1998 trawl Pacific halibut according to the Fishery Management Acting Director, Office of Sustainable PSC limit. Providing prior notice and an Plan for Groundfish of the Gulf of Fisheries, National Marine Fisheries Service. opportunity for public comment on this Alaska (FMP) prepared by the North [FR Doc. 98–27734 Filed 10–9–98; 4:44 pm] action is impracticable and contrary to Pacific Fishery Management Council BILLING CODE 3510±22±F 55343

Proposed Rules Federal Register Vol. 63, No. 199

Thursday, October 15, 1998

This section of the FEDERAL REGISTER The service information referenced in Discussion contains notices to the public of the proposed the proposed rule may be obtained from The FAA has received reports issuance of rules and regulations. The Boeing Commercial Airplane Group, purpose of these notices is to give interested indicating that during an evaluation of P.O. Box 3707, Seattle, Washington the aft strut insulation blankets that persons an opportunity to participate in the 98124–2207. This information may be rule making prior to the adoption of the final were installed on three Boeing Model rules. examined at the FAA, Transport 737 series flight test airplanes, cracks Airplane Directorate, 1601 Lind were found in the face sheets of the Avenue, SW., Renton, Washington. insulation blankets. Inspections on five DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: in-service airplanes revealed two Bernie Gonzalez, Aerospace Engineer, additional airplanes with such cracked Federal Aviation Administration Propulsion Branch, ANM–140S, FAA, insulation blankets. At the time these Transport Airplane Directorate, Seattle 14 CFR Part 39 damaged insulation blankets were Aircraft Certification Office, 1601 Lind detected, the two in-service airplanes [Docket No. 98±NM±258±AD] Avenue, SW., Renton, Washington had accumulated 730 flight hours and 98055–4056; telephone (425) 227–2682; 946 flight hours, respectively. Damage RIN 2120±AA64 fax (425) 227–1181. of these insulation blankets, which are SUPPLEMENTARY INFORMATION: located between the engine exhaust Airworthiness Directives; Boeing nozzle and the underside of the aft Comments Invited Model 737±600, ±700, and ±800 Series compartment of the engine strut, could Airplanes Interested persons are invited to cause the temperature on the bottom of participate in the making of the AGENCY: Federal Aviation that compartment to exceed normal proposed rule by submitting such Administration, DOT. limits during engine operation. That written data, views, or arguments as compartment is located immediately ACTION: Notice of proposed rulemaking they may desire. Communications shall below the wing fuel tank and contains (NPRM). identify the Rules Docket number and hydraulic lines and components where be submitted in triplicate to the address SUMMARY: This document proposes the fuel leaks may occur. Such damage, if adoption of a new airworthiness specified above. All communications not corrected, could result in exposure directive (AD) that is applicable to received on or before the closing date of the lower surface of the strut to certain Boeing Model 737–600, –700, for comments, specified above, will be extreme high temperatures, consequent and –800 series airplanes. This proposal considered before taking action on the creation of a source of fuel ignition, and would require repetitive inspections to proposed rule. The proposals contained increased risk of a fuel tank explosion detect damage of the aft strut insulation in this notice may be changed in light and fire. blanket. This proposal also would of the comments received. Comments are specifically invited on Explanation of Relevant Service require eventual replacement of the Information insulation blankets with new, improved the overall regulatory, economic, blankets, which would constitute environmental, and energy aspects of The FAA has reviewed and approved terminating action for the requirements the proposed rule. All comments Boeing Alert Service Bulletin 737– of this AD. This proposal is prompted submitted will be available, both before 54A1038, dated May 7, 1998, as revised by reports of damaged aft strut and after the closing date for comments, by Notice of Status Change 737– insulation blankets. The actions in the Rules Docket for examination by 54A1038 NSC 01, dated June 18, 1998, specified by the proposed AD are interested persons. A report which describes procedures for intended to prevent such damage, summarizing each FAA-public contact repetitive visual and borescope which could result in exposure of the concerned with the substance of this inspections to detect cracks in and/or lower surface of the strut to extreme proposal will be filed in the Rules separation of the face sheet of the aft high temperatures, consequent creation Docket. strut insulation blanket. The alert Commenters wishing the FAA to of a source of fuel ignition, and service bulletin also describes acknowledge receipt of their comments increased risk of a fuel tank explosion procedures for replacement of the aft submitted in response to this notice and fire. strut insulation blanket with a new, must submit a self-addressed, stamped improved blanket, which would DATES: Comments must be received by postcard on which the following eliminate the need for the repetitive November 30, 1998. statement is made: ‘‘Comments to inspections. Accomplishment of the ADDRESSES: Submit comments in Docket Number 98–NM–258–AD.’’ The actions specified in the alert service triplicate to the Federal Aviation postcard will be date stamped and bulletin is intended to adequately Administration (FAA), Transport returned to the commenter. address the identified unsafe condition. Airplane Directorate, ANM–114, Attention: Rules Docket No. 98–NM– Availability of NPRMs Explanation of Requirements of 258–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this Proposed Rule Renton, Washington 98055–4056. NPRM by submitting a request to the Since an unsafe condition has been Comments may be inspected at this FAA, Transport Airplane Directorate, identified that is likely to exist or location between 9:00 a.m. and 3:00 ANM–114, Attention: Rules Docket No. develop on other products of this same p.m., Monday through Friday, except 98–NM–258–AD, 1601 Lind Avenue, type design, the proposed AD would Federal holidays. SW., Renton, Washington 98055–4056. require accomplishment of the actions 55344 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules specified in the alert service bulletin between the national government and been eliminated, the request should include described previously, except as the States, or on the distribution of specific proposed actions to address it. discussed below. power and responsibilities among the Compliance: Required as indicated, unless various levels of government. Therefore, accomplished previously. Differences Between Proposed Rule and in accordance with Executive Order To prevent damage of the aft strut Alert Service Bulletin 12612, it is determined that this insulation blankets, which could result in Operators should note that this AD exposure of the lower surface of the strut to proposal would not have sufficient extreme high temperatures, consequent proposes to mandate, within 18 months, federalism implications to warrant the creation of a source of fuel ignition, and the replacement of the aft strut preparation of a Federalism Assessment. increased risk of a fuel tank explosion and insulation blankets that is described in For the reasons discussed above, I fire, accomplish the following: Boeing Alert Service Bulletin 737– certify that this proposed regulation (1) (a) Within 500 flight hours since date of 54A1038, as revised by Notice of Status is not a ‘‘significant regulatory action’’ manufacture of the airplane, or within 30 Change 737–54A1038 NSC 01, as under Executive Order 12866; (2) is not days after the effective date of this AD, terminating action for the repetitive whichever occurs later, perform a visual or a ‘‘significant rule’’ under the DOT borescope inspection to detect damage inspections. Regulatory Policies and Procedures (44 The FAA has determined that long- (cracks greater than 2.00 inches and/or FR 11034, February 26, 1979); and (3) if separation of the face sheet) of the aft strut term continued operational safety will promulgated, will not have a significant insulation blanket, part number (P/N) be better assured by design changes to economic impact, positive or negative, S315A213–42, in accordance with Boeing remove the source of the problem, rather on a substantial number of small entities Alert Service Bulletin 737–54A1038, dated than by repetitive inspections. Long- under the criteria of the Regulatory May 7, 1998, as revised by Notice of Status term inspections may not be providing Flexibility Act. A copy of the draft Change 737–54A1038 NSC 01, dated June 18, the degree of safety assurance necessary 1998. Thereafter, repeat the visual or regulatory evaluation prepared for this borescope inspection at intervals not to for the transport airplane fleet. This, action is contained in the Rules Docket. coupled with a better understanding of exceed 250 flight hours. A copy of it may be obtained by (b) If damage (cracks greater than 2.00 the human factors associated with contacting the Rules Docket at the inches and/or separation of the face sheet) of numerous continual inspections, has led location provided under the caption any aft strut insulation blanket is detected the FAA to consider placing less ADDRESSES. during any inspection required by paragraph emphasis on inspections and more (a) of this AD, prior to further flight, emphasis on design improvements. The List of Subjects in 14 CFR Part 39 accomplish either paragraph (b)(1) or (b)(2) of this AD. proposed replacement requirement is in Air transportation, Aircraft, Aviation consonance with these conditions. (1) Replace any damaged insulation safety, Safety. blanket having P/N S315A213–42 with a new Cost Impact The Proposed Amendment insulation blanket having P/N S315A213–42, There are approximately 33 airplanes in accordance with Boeing Alert Service Accordingly, pursuant to the Bulletin 737–54A1038, dated May 7, 1998, as of the affected design in the worldwide authority delegated to me by the revised by Notice of Status Change 737– fleet. The FAA estimates that 26 Administrator, the Federal Aviation 54A1038 NSC 01, dated June 18, 1998. airplanes of U.S. registry would be Administration proposes to amend part Thereafter, repeat the visual or borescope affected by this proposed AD. inspection required by paragraph (a) of this 39 of the Federal Aviation Regulations It would take approximately 1 work AD at intervals not to exceed 250 flight (14 CFR part 39) as follows: hour per airplane to accomplish the hours. Or proposed inspection, at an average labor (2) Replace any damaged insulation PART 39ÐAIRWORTHINESS blanket having P/N S315A213–42 with a rate of $60 per work hour. Based on DIRECTIVES these figures, the cost impact of the new, improved insulation blanket having P/ N S315A213–47, in accordance with Boeing inspection proposed by this AD on U.S. 1. The authority citation for part 39 Alert Service Bulletin 737–54A1038, dated operators is estimated to be $1,560, or continues to read as follows: May 7, 1998, as revised by Notice of Status $60 per airplane, per inspection cycle. Authority: 49 U.S.C. 106(g), 40113, 44701. Change 737–54A1038 NSC 01, dated June 18, It would take approximately 1 work § 39.13 [Amended] 1998. Accomplishment of this replacement hour per airplane to accomplish the constitutes terminating action for the proposed replacement, at an average 2. Section 39.13 is amended by repetitive inspection requirements of this labor rate of $60 per work hour. adding the following new airworthiness AD. Required parts would be provided by directive: (c) Within 18 months after the effective date of this AD, replace any aft strut the manufacturer at no cost to the Boeing: Docket 98–NM–258–AD. operators. Based on these figures, the insulation blanket having P/N S315A213–42 Applicability: Model 737–600, –700, and with a new, improved insulation blanket cost impact of the replacement proposed –800 series airplanes, line numbers 1 through having P/N S315A213–47, in accordance by this AD on U.S. operators is 64 inclusive, certificated in any category. with Boeing Alert Service Bulletin 737– estimated to be $1,560, or $60 per Note 1: This AD applies to each airplane 54A1038, dated May 7, 1998, as revised by airplane. identified in the preceding applicability Notice of Status Change 737–54A1038 NSC The cost impact figures discussed provision, regardless of whether it has been 01, dated June 18, 1998. Accomplishment of above are based on assumptions that no modified, altered, or repaired in the area this replacement constitutes terminating operator has yet accomplished any of subject to the requirements of this AD. For action for the requirements of this AD. the proposed requirements of this AD airplanes that have been modified, altered, or (d) An alternative method of compliance or action, and that no operator would repaired so that the performance of the adjustment of the compliance time that accomplish those actions in the future if requirements of this AD is affected, the provides an acceptable level of safety may be owner/operator must request approval for an used if approved by the Manager, Seattle this AD were not adopted. alternative method of compliance in Aircraft Certification Office (ACO), FAA, Regulatory Impact accordance with paragraph (d) of this AD. Transport Airplane Directorate. Operators The request should include an assessment of shall submit their requests through an The regulations proposed herein the effect of the modification, alteration, or appropriate FAA Principal Maintenance would not have substantial direct effects repair on the unsafe condition addressed by Inspector, who may add comments and then on the States, on the relationship this AD; and, if the unsafe condition has not send it to the Manager, Seattle ACO. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules 55345

Note 2: Information concerning the location between 9:00 a.m. and 3:00 the Netherlands, notified the FAA that existence of approved alternative methods of p.m., Monday through Friday, except an unsafe condition may exist on certain compliance with this AD, if any, may be Federal holidays. Fokker Model F.28 Mark 0100 series obtained from the Seattle ACO. The service information referenced in airplanes. The RLD advises that the (e) Special flight permits may be issued in the proposed rule may be obtained from decompression venting provisions in accordance with sections 21.197 and 21.199 Fokker Services B.V., Technical Support the aft cabin sidewall area and in the aft of the Federal Aviation Regulations (14 CFR Department, P.O. Box 75047, 1117 ZN wardrobe/stowage area are inadequate 21.197 and 21.199) to operate the airplane to Schiphol Airport, the Netherlands. This a location where the requirements of this AD in reducing the pressure differential can be accomplished. information may be examined at the between the passenger and cargo FAA, Transport Airplane Directorate, Issued in Renton, Washington, on October compartments in the event of a sudden 5, 1998. 1601 Lind Avenue, SW., Renton, decompression of the cargo Washington. Darrell M. Pederson, compartment. Such inadequate FOR FURTHER INFORMATION CONTACT: reduction in the pressure differential Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Norman B. Martenson, Manager, could result in damage to the cabin International Branch, ANM–116, FAA, floor. This condition, if not corrected, [FR Doc. 98–27603 Filed 10–14–98; 8:45 am] Transport Airplane Directorate, 1601 could result in injury to passengers, BILLING CODE 4910±13±U Lind Avenue, SW., Renton, Washington reduced structural integrity of the 98055–4056; telephone (425) 227–2110; airplane, and loss of airplane systems. fax (425) 227–1149. DEPARTMENT OF TRANSPORTATION Explanation of Relevant Service SUPPLEMENTARY INFORMATION: Information Federal Aviation Administration Comments Invited Fokker has issued Service Bulletin 14 CFR Part 39 Interested persons are invited to SBF100–25–082, Revision 1, dated May participate in the making of the 7, 1998, which describes procedures for [Docket No. 98±NM±250±AD] proposed rule by submitting such modification of the aft cabin sidewall RIN 2120±AA64 written data, views, or arguments as area to improve decompression venting. they may desire. Communications shall For airplanes equipped with an aft Airworthiness Directives; Fokker identify the Rules Docket number and service/emergency door, Fokker also has Model F.28 Mark 0100 Series Airplanes be submitted in triplicate to the address issued Service Bulletin SBF100–25–083, dated April 30, 1998, which describes AGENCY: Federal Aviation specified above. All communications procedures for modification of the aft Administration, DOT. received on or before the closing date for comments, specified above, will be wardrobe/stowage area door and ACTION: Notice of proposed rulemaking considered before taking action on the installation of decompression panels to (NPRM). proposed rule. The proposals contained improve decompression venting. SUMMARY: This document proposes the in this notice may be changed in light Accomplishment of the actions adoption of a new airworthiness of the comments received. specified in these service bulletins is directive (AD) that is applicable to Comments are specifically invited on intended to adequately address the certain Fokker Model F.28 Mark 0100 the overall regulatory, economic, identified unsafe condition. The RLD series airplanes. This proposal would environmental, and energy aspects of classified these service bulletins as require modification of the aft cabin the proposed rule. All comments mandatory and issued Dutch sidewall area to improve decompression submitted will be available, both before airworthiness directive BLA 1998–065 venting. For certain airplanes, this and after the closing date for comments, (A), dated May 29, 1998, in order to proposal also would require in the Rules Docket for examination by assure the continued airworthiness of modification of the aft wardrobe/ interested persons. A report these airplanes in the Netherlands. stowage area door and installation of summarizing each FAA-public contact FAA’s Conclusions decompression panels to improve concerned with the substance of this This airplane model is manufactured decompression venting. This proposal is proposal will be filed in the Rules in the Netherlands and is type prompted by issuance of mandatory Docket. certificated for operation in the United continuing airworthiness information by Commenters wishing the FAA to States under the provisions of section a foreign civil airworthiness authority. acknowledge receipt of their comments 21.29 of the Federal Aviation The actions specified by the proposed submitted in response to this notice Regulations (14 CFR 21.29) and the AD are intended to prevent damage to must submit a self-addressed, stamped applicable bilateral airworthiness the cabin floor in the event of sudden postcard on which the following agreement. Pursuant to this bilateral decompression in the cargo statement is made: ‘‘Comments to airworthiness agreement, the RLD has compartment, which could result in Docket Number 98–NM–250–AD.’’ The kept the FAA informed of the situation injury to passengers, reduced structural postcard will be date stamped and described above. The FAA has integrity of the airplane, and the loss of returned to the commenter. examined the findings of the RLD, airplane systems. Availability of NPRMs reviewed all available information, and DATES: Comments must be received by Any person may obtain a copy of this determined that AD action is necessary November 16, 1998. NPRM by submitting a request to the for products of this type design that are ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, certificated for operation in the United triplicate to the Federal Aviation ANM–114, Attention: Rules Docket No. States. Administration (FAA), Transport 98–NM–250–AD, 1601 Lind Avenue, Explanation of Requirements of Airplane Directorate, ANM–114, SW., Renton, Washington 98055–4056. Attention: Rules Docket No. 98–NM– Proposed Rule 250–AD, 1601 Lind Avenue, SW., Discussion Since an unsafe condition has been Renton, Washington 98055–4056. The Rijksluchtvaartdienst (RLD), identified that is likely to exist or Comments may be inspected at this which is the airworthiness authority for develop on other airplanes of the same 55346 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules type design registered in the United action is contained in the Rules Docket. date of this AD, modify the aft wardrobe/ States, the proposed AD would require A copy of it may be obtained by stowage area door and install decompression accomplishment of the actions specified contacting the Rules Docket at the panels to improve decompression venting in in the service bulletins described location provided under the caption accordance with Fokker Service Bulletin SBF100–25–083, dated April 30, 1998. previously. ADDRESSES. (c) An alternative method of compliance or Cost Impact List of Subjects in 14 CFR Part 39 adjustment of the compliance time that provides an acceptable level of safety may be The FAA estimates that 127 airplanes Air transportation, Aircraft, Aviation used if approved by the Manager, of U.S. registry would be affected by this safety, Safety. International Branch, ANM–116, FAA, proposed AD. Transport Airplane Directorate. Operators For all airplanes, it would take The Proposed Amendment shall submit their requests through an approximately 12 work hours per Accordingly, pursuant to the appropriate FAA Principal Maintenance airplane to accomplish the proposed authority delegated to me by the Inspector, who may add comments and then modification of the aft cabin sidewall Administrator, the Federal Aviation send it to the Manager, International Branch, area, at an average labor rate of $60 per Administration proposes to amend part ANM–116. work hour. Required parts would cost 39 of the Federal Aviation Regulations Note 2: Information concerning the approximately $3,450 per airplane. (14 CFR part 39) as follows: existence of approved alternative methods of Based on these figures, the cost impact compliance with this AD, if any, may be PART 39ÐAIRWORTHINESS obtained from the International Branch, of the proposed AD on U.S. operators is ANM–116. estimated to be $529,590, or $4,170 per DIRECTIVES (d) Special flight permits may be issued in airplane. 1. The authority citation for part 39 accordance with sections 21.197 and 21.199 For airplanes equipped with an aft continues to read as follows: of the Federal Aviation Regulations (14 CFR service/emergency door (70 airplanes), 21.197 and 21.199) to operate the airplane to Authority: 49 U.S.C. 106(g), 40113, 44701. it would take approximately 6 work a location where the requirements of this AD hours per airplane to accomplish the § 39.13 [Amended] can be accomplished. modification of the aft wardrobe/ 2. Section 39.13 is amended by Note 3: The subject of this AD is addressed stowage area door and installation of adding the following new airworthiness in Dutch airworthiness directive BLA 1998– decompression panels, at an average directive: 065 (A), dated May 29, 1998. labor rate of $60 per work hour. Issued in Renton, Washington, on October Required parts would cost Fokker Services B.V.: Docket 98–NM–250– 5, 1998. AD. approximately $9,000 per airplane. Darrell M. Pederson, Applicability: Model F.28 Mark 0100 series Based on these figures, the cost impact Acting Manager, Transport Airplane of the proposed AD on U.S. operators is airplanes, serial numbers 11244 through 11504 inclusive, 11506, 11507, 11509, 11512 Directorate, Aircraft Certification Service. estimated to be $655,200, or $9,360 per through 11515 inclusive, 11517, 11519, [FR Doc. 98–27602 Filed 10–14–98; 8:45 am] airplane. 11520, 11522, 11523, and 11527; certificated BILLING CODE 4910±13±U The cost impact figures discussed in any category. above are based on assumptions that no Note 1: This AD applies to each airplane operator has yet accomplished any of identified in the preceding applicability DEPARTMENT OF TRANSPORTATION the proposed requirements of this AD provision, regardless of whether it has been action, and that no operator would modified, altered, or repaired in the area Federal Aviation Administration accomplish those actions in the future if subject to the requirements of this AD. For this AD were not adopted. airplanes that have been modified, altered, or 14 CFR Part 39 repaired so that the performance of the Regulatory Impact requirements of this AD is affected, the [Docket No. 98±NM±239±AD] The regulations proposed herein owner/operator must request approval for an RIN 2120±AA64 alternative method of compliance in would not have substantial direct effects accordance with paragraph (c) of this AD. on the States, on the relationship Airworthiness Directives; Saab Model The request should include an assessment of SAAB 2000 Series Airplanes between the national government and the effect of the modification, alteration, or the States, or on the distribution of repair on the unsafe condition addressed by AGENCY: Federal Aviation power and responsibilities among the this AD; and, if the unsafe condition has not Administration, DOT. been eliminated, the request should include various levels of government. Therefore, ACTION: Notice of proposed rulemaking specific proposed actions to address it. in accordance with Executive Order (NPRM). 12612, it is determined that this Compliance: Required as indicated, unless proposal would not have sufficient accomplished previously. SUMMARY: This document proposes the federalism implications to warrant the To prevent damage to the cabin floor in the adoption of a new airworthiness event of sudden decompression in the cargo directive (AD) that is applicable to preparation of a Federalism Assessment. compartment, which could result in injury to For the reasons discussed above, I passengers, reduced structural integrity of the certain Saab Model SAAB 2000 series certify that this proposed regulation: (1) airplane, and the loss of airplane systems, airplanes. This proposal would require Is not a ‘‘significant regulatory action’’ accomplish the following: replacement of the end-pieces of the under Executive Order 12866; (2) is not (a) For airplanes listed in Fokker Service expansion chamber attenuator (ECA) for a ‘‘significant rule’’ under the DOT Bulletin SBF100–25–082, Revision 1, dated the standby pump of the Number 2 Regulatory Policies and Procedures (44 May 7, 1998: Within 26 months after the hydraulic system with new, improved FR 11034, February 26, 1979); and (3) if effective date of this AD, modify the aft cabin end-pieces. This proposal is prompted promulgated, will not have a significant sidewall area to improve decompression by issuance of mandatory continuing venting in accordance with Fokker Service economic impact, positive or negative, Bulletin SBF100–25–082, Revision 1, dated airworthiness information by a foreign on a substantial number of small entities May 7, 1998. civil airworthiness authority. The under the criteria of the Regulatory (b) For airplanes listed in Fokker Service actions specified by the proposed AD Flexibility Act. A copy of the draft Bulletin SBF100–25–083, dated April 30, are intended to prevent leakage of regulatory evaluation prepared for this 1998: Within 26 months after the effective hydraulic fluid from the Number 2 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules 55347 hydraulic system due to failure of the statement is made: ‘‘Comments to certificated for operation in the United end-pieces of the ECA, which could Docket Number 98–NM–239–AD.’’ The States. result in loss of nose wheel steering, postcard will be date stamped and Explanation of Requirements of flap operation, normal landing gear returned to the commenter. Proposed Rule operation, and reduced redundancy in Availability of NPRMs the brake and flight controls systems. Since an unsafe condition has been DATES: Comments must be received by Any person may obtain a copy of this identified that is likely to exist or November 16, 1998. NPRM by submitting a request to the develop on other airplanes of the same ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, type design registered in the United triplicate to the Federal Aviation ANM–114, Attention: Rules Docket No. States, the proposed AD would require Administration (FAA), Transport 98–NM–239–AD, 1601 Lind Avenue, accomplishment of the action specified Airplane Directorate, ANM–114, SW., Renton, Washington 98055–4056. in the service bulletin described previously, except as discussed below. Attention: Rules Docket No. 98–NM– Discussion 239–AD, 1601 Lind Avenue, SW., Differences Between Proposed Rule and Renton, Washington 98055–4056. The Luftfartsverket (LFV), which is Service Information Comments may be inspected at this the airworthiness authority for Sweden, location between 9:00 a.m. and 3:00 notified the FAA that an unsafe Operators should note that the p.m., Monday through Friday, except condition may exist on certain Saab referenced service bulletin recommends Federal holidays. Model SAAB 2000 series airplanes. The incorporation of Saab Modification 6096 The service information referenced in LFV advises that it has received reports (reference Saab Service Bulletin 2000– the proposed rule may be obtained from of excessive leakage of hydraulic fluid 29–015) at the time of accomplishment Saab Aircraft AB, SAAB Aircraft from the Number 2 hydraulic system. of the actions described in Saab Service Product Support, S–581.88, Linko¨ping, The cause of such leakage has been Bulletin 2000–29–016. Saab Sweden. This information may be attributed to failure of the aluminum Modification 6096 is similar to Saab examined at the FAA, Transport end-pieces on the expansion chamber Modification 6132 (reference Saab Airplane Directorate, 1601 Lind attenuator (ECA) of the standby pump Service Bulletin 2000–29–016), in that it Avenue, SW., Renton, Washington. for the Number 2 hydraulic system. This addresses modification of the end- FOR FURTHER INFORMATION CONTACT: condition, if not corrected, could result pieces of the expansion chamber Norman B. Martenson, Manager, in loss of nose wheel steering, flap attenuator (ECA) of the Number 3 International Branch, ANM–116, FAA, operation, normal landing gear hydraulic system. However, this Transport Airplane Directorate, 1601 operation, and reduced redundancy in proposed AD would not require Lind Avenue, SW., Renton, Washington the brake and flight controls systems. incorporation of Modification 6096 since modification of the Number 2 98055–4056; telephone (425) 227–2110; Explanation of Relevant Service fax (425) 227–1149. hydraulic system adequately addresses Information the unsafe condition. SUPPLEMENTARY INFORMATION: Saab has issued Service Bulletin Cost Impact Comments Invited 2000–29–016, dated April 17, 1998, Interested persons are invited to which describes procedures for The FAA estimates that 3 airplanes of participate in the making of the replacement of the two end-pieces of the U.S. registry would be affected by this proposed rule by submitting such ECA for the standby pump for the proposed AD, that it would take written data, views, or arguments as Number 2 hydraulic system with new, approximately 3 work hours per they may desire. Communications shall improved end-pieces constructed of airplane to accomplish the proposed identify the Rules Docket number and steel. Accomplishment of the actions replacement, and that the average labor be submitted in triplicate to the address specified in the service bulletin is rate is $60 per work hour. Required specified above. All communications intended to adequately address the parts would cost approximately $820 received on or before the closing date identified unsafe condition. The LFV per airplane. Based on these figures, the for comments, specified above, will be classified this service bulletin as cost impact of the proposed AD on U.S. considered before taking action on the mandatory and issued Swedish operators is estimated to be $3,000, or proposed rule. The proposals contained airworthiness directive (SAD) 1–126, $1,000 per airplane. in this notice may be changed in light dated April 20, 1998, in order to assure The cost impact figure discussed of the comments received. the continued airworthiness of these above is based on assumptions that no Comments are specifically invited on airplanes in Sweden. operator has yet accomplished any of the proposed requirements of this AD the overall regulatory, economic, FAA’s Conclusions environmental, and energy aspects of action, and that no operator would the proposed rule. All comments This airplane model is manufactured accomplish those actions in the future if submitted will be available, both before in Sweden and is type certificated for this AD were not adopted. operation in the United States under the and after the closing date for comments, Regulatory Impact in the Rules Docket for examination by provisions of § 21.29 of the Federal interested persons. A report Aviation Regulations (14 CFR 21.29) The regulations proposed herein summarizing each FAA-public contact and the applicable bilateral would not have substantial direct effects concerned with the substance of this airworthiness agreement. Pursuant to on the States, on the relationship proposal will be filed in the Rules this bilateral airworthiness agreement, between the national government and Docket. the LFV has kept the FAA informed of the States, or on the distribution of Commenters wishing the FAA to the situation described above. The FAA power and responsibilities among the acknowledge receipt of their comments has examined the findings of the LFV, various levels of government. Therefore, submitted in response to this notice reviewed all available information, and in accordance with Executive Order must submit a self-addressed, stamped determined that AD action is necessary 12612, it is determined that this postcard on which the following for products of this type design that are proposal would not have sufficient 55348 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules federalism implications to warrant the of nose wheel steering, flap operation, airplanes, and Fan Jet Falcon Series D, preparation of a Federalism Assessment. normal landing gear operation, and reduced E, and F series airplanes. This proposal For the reasons discussed above, I redundancy in the brake and flight controls would require revising the Airplane certify that this proposed regulation (1) systems, accomplish the following: Flight Manual (AFM) to provide the is not a ‘‘significant regulatory action’’ (a) Within 4 months after the effective date of this AD, replace the two end-pieces of the flight crew with certain emergency under Executive Order 12866; (2) is not ECA of the standby pump for the Number 2 procedures associated with an engine a ‘‘significant rule’’ under the DOT hydraulic system with new, improved end- fire, or a rear compartment fire or Regulatory Policies and Procedures (44 pieces constructed of steel, in accordance overheat conditions. This proposal is FR 11034, February 26, 1979); and (3) if with Saab Service Bulletin 2000–29–016, prompted by issuance of mandatory promulgated, will not have a significant dated April 17, 1998. continuing airworthiness information by economic impact, positive or negative, (b) As of the effective date of this AD, no a foreign civil airworthiness authority. on a substantial number of small entities person shall install on any airplane any ECA The actions specified by the proposed under the criteria of the Regulatory having P/N 7329114–691. AD are intended to prevent fire from Flexibility Act. A copy of the draft (c) An alternative method of compliance or adjustment of the compliance time that spreading throughout the airplane due regulatory evaluation prepared for this provides an acceptable level of safety may be to an engine fire, or with a rear action is contained in the Rules Docket. used if approved by the Manager, compartment fire or overheat A copy of it may be obtained by International Branch, ANM–116, FAA, conditions. contacting the Rules Docket at the Transport Airplane Directorate. Operators DATES: Comments must be received by location provided under the caption shall submit their requests through an November 16, 1998. appropriate FAA Principal Maintenance ADDRESSES. ADDRESSES: Submit comments in Inspector, who may add comments and then List of Subjects in 14 CFR Part 39 send it to the Manager, International Branch, triplicate to the Federal Aviation Administration (FAA), Transport Air transportation, Aircraft, Aviation ANM–116. Airplane Directorate, ANM–114, safety, Safety. Note 2: Information concerning the existence of approved alternative methods of Attention: Rules Docket No. 98–NM– The Proposed Amendment compliance with this AD, if any, may be 221–AD, 1601 Lind Avenue, SW., Accordingly, pursuant to the obtained from the International Branch, Renton, Washington 98055–4056. authority delegated to me by the ANM–116. Comments may be inspected at this Administrator, the Federal Aviation (d) Special flight permits may be issued in location between 9:00 a.m. and 3:00 accordance with sections 21.197 and 21.199 p.m., Monday through Friday, except Administration proposes to amend part of the Federal Aviation Regulations (14 CFR 39 of the Federal Aviation Regulations Federal holidays. 21.197 and 21.199) to operate the airplane to The service information referenced in (14 CFR part 39) as follows: a location where the requirements of this AD can be accomplished. the proposed rule may be obtained from Dassault Falcon Jet, P.O. Box 2000, PART 39ÐAIRWORTHINESS Note 3: The subject of this AD is addressed DIRECTIVES in Swedish airworthiness directive (SAD) 1– South Hackensack, New Jersey 07606. This information may be examined at 1. The authority citation for part 39 126, dated April 20, 1998. Issued in Renton, Washington, on October the FAA, Transport Airplane continues to read as follows: Directorate, 1601 Lind Avenue, SW., Authority: 49 U.S.C. 106(g), 40113, 44701. 5, 1998. Darrell M. Pederson, Renton, Washington. FOR FURTHER INFORMATION CONTACT: § 39.13 [Amended] Acting Manager, Transport Airplane Norman B. Martenson, Manager, 2. Section 39.13 is amended by Directorate, Aircraft Certification Service. [FR Doc. 98–27601 Filed 10–14–98; 8:45 am] International Branch, ANM–116, FAA, adding the following new airworthiness Transport Airplane Directorate, 1601 BILLING CODE 4910±13±U directive: Lind Avenue, SW., Renton, Washington Saab Aircraft AB: Docket 98–NM–239–AD. 98055–4056; telephone (425) 227–2110; Applicability: Model SAAB 2000 series DEPARTMENT OF TRANSPORTATION fax (425) 227–1149. airplanes, serial numbers –004 through –099 SUPPLEMENTARY INFORMATION: inclusive; certificated in any category. Federal Aviation Administration Note 1: This AD applies to each airplane Comments Invited identified in the preceding applicability 14 CFR Part 39 Interested persons are invited to provision, regardless of whether it has been [Docket No. 98±NM±221±AD] participate in the making of the modified, altered, or repaired in the area proposed rule by submitting such subject to the requirements of this AD. For RIN 2120±AA64 written data, views, or arguments as airplanes that have been modified, altered, or they may desire. Communications shall repaired so that the performance of the Airworthiness Directives; Dassault requirements of this AD is affected, the identify the Rules Docket number and Model Mystere-Falcon 20 Series be submitted in triplicate to the address owner/operator must request approval for an Airplanes, Fan Jet Falcon Series alternative method of compliance in specified above. All communications accordance with paragraph (c) of this AD. Airplanes, and Fan Jet Falcon Series received on or before the closing date The request should include an assessment of D, E, and F Series Airplanes for comments, specified above, will be the effect of the modification, alteration, or AGENCY: Federal Aviation considered before taking action on the repair on the unsafe condition addressed by Administration, DOT. proposed rule. The proposals contained this AD; and, if the unsafe condition has not in this notice may be changed in light been eliminated, the request should include ACTION: Notice of proposed rulemaking specific proposed actions to address it. (NPRM). of the comments received. Comments are specifically invited on Compliance: Required as indicated, unless SUMMARY: accomplished previously. This document proposes the the overall regulatory, economic, To prevent leakage of hydraulic fluid from adoption of a new airworthiness environmental, and energy aspects of the Number 2 hydraulic system due to failure directive (AD) that is applicable to all the proposed rule. All comments of the end-pieces of the expansion chamber Dassault Model Mystere-Falcon 20 submitted will be available, both before attenuator (ECA), which could result in loss series airplanes, Fan Jet Falcon series and after the closing date for comments, Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules 55349 in the Rules Docket for examination by identified unsafe condition. The DGAC federalism implications to warrant the interested persons. A report classified these AFM revisions as preparation of a Federalism Assessment. summarizing each FAA-public contact mandatory and issued French For the reasons discussed above, I concerned with the substance of this airworthiness directive 98–114–023(B), certify that this proposed regulation (1) proposal will be filed in the Rules dated March 11, 1998, in order to assure is not a ‘‘significant regulatory action’’ Docket. the continued airworthiness of these under Executive Order 12866; (2) is not Commenters wishing the FAA to airplanes in France. a ‘‘significant rule’’ under the DOT acknowledge receipt of their comments Regulatory Policies and Procedures (44 submitted in response to this notice FAA’s Conclusions FR 11034, February 26, 1979); and (3) if must submit a self-addressed, stamped These airplane models are promulgated, will not have a significant postcard on which the following manufactured in France and are type economic impact, positive or negative, statement is made: ‘‘Comments to certificated for operation in the United on a substantial number of small entities Docket Number 98–NM–221–AD.’’ The States under the provisions of § 21.29 of under the criteria of the Regulatory postcard will be date stamped and the Federal Aviation Regulations (14 Flexibility Act. A copy of the draft returned to the commenter. CFR 21.29) and the applicable bilateral regulatory evaluation prepared for this airworthiness agreement. Pursuant to action is contained in the Rules Docket. Availability of NPRMs this bilateral airworthiness agreement, A copy of it may be obtained by Any person may obtain a copy of this the DGAC has kept the FAA informed contacting the Rules Docket at the NPRM by submitting a request to the of the situation described above. The location provided under the caption FAA, Transport Airplane Directorate, FAA has examined the findings of the ADDRESSES. ANM–114, Attention: Rules Docket No. DGAC, reviewed all available List of Subjects in 14 CFR Part 39 98–NM–221–AD, 1601 Lind Avenue, information, and determined that AD SW., Renton, Washington 98055–4056. action is necessary for products of this Air transportation, Aircraft, Aviation safety, Safety. Discussion type design that are certificated for operation in the United States. The Direction Ge´ne´rale de l’Aviation The Proposed Amendment Civile (DGAC), which is the Explanation of Requirements of Accordingly, pursuant to the airworthiness authority for France, Proposed Rule authority delegated to me by the notified the FAA that an unsafe Since an unsafe condition has been Administrator, the Federal Aviation condition may exist on all Dassault identified that is likely to exist or Administration proposes to amend part Model Mystere-Falcon 20 series develop on other airplanes of the same 39 of the Federal Aviation Regulations airplanes, Fan Jet Falcon series type design registered in the United (14 CFR part 39) as follows: airplanes, and Fan Jet Falcon Series D, States, the proposed AD would require E, and F series airplanes. The DGAC PART 39ÐAIRWORTHINESS revising the AFM to provide the flight DIRECTIVES advises that, during takeoff of a Fan Jet crew with certain emergency procedures Falcon series airplane, an uncontained associated with an engine fire, or with 1. The authority citation for part 39 engine failure occurred when a bird was a rear compartment fire or overheat continues to read as follows: ingested into the engine. Fragments conditions. Authority: 49 U.S.C. 106(g), 40113, 44701. from the engine then penetrated the Cost Impact fuselage and two fuel feed tanks in the § 39.13 [Amended] rear compartment, which ignited a fire The FAA estimates that 197 airplanes 2. Section 39.13 is amended by that spread throughout the airplane. If of U.S. registry would be affected by this adding the following new airworthiness the flight crew is unaware of the proposed AD, that it would take directive: emergency procedures associated with approximately 1 work hour per airplane an engine fire, or with a rear to accomplish the proposed AFM Dassault Aviation: Docket 98–NM–221–AD. compartment fire or overheat revision, and that the average labor rate Applicability: All Model Mystere-Falcon 20 conditions, a fire could spread is $60 per work hour. Based on these series airplanes, Fan Jet Falcon series throughout the airplane. figures, the cost impact of the proposed airplanes, and Fan Jet Falcon Series D, E, and F series airplanes; certificated in any Explanation of Relevant Service AD on U.S. operators is estimated to be category. Information $11,820, or $60 per airplane. Compliance: Required as indicated, unless The cost impact figure discussed accomplished previously. Dassault Aviation has issued Mystere- above is based on assumptions that no To ensure that the flight crew is aware of Falcon 731 Falcon Retrofit 20 Airplane operator has yet accomplished any of the emergency procedures associated with an Flight Manual DTM30528, Revision 10, the proposed requirements of this AD engine fire, or with a rear compartment fire dated January 20, 1998 (for Model action, and that no operator would or overheat conditions, and to prevent fire Mystere-Falcon 20 series airplanes), and accomplish those actions in the future if from spreading throughout the airplane, accomplish the following: Fan Jet Falcon 20 Airplane Flight this AD were not adopted. Manual DTM589/590/591/592, Revision (a) Within 7 days after the effective date of Regulatory Impact this AD, revise the Limitations Section and 49, dated January 20, 1998 (for Model Emergency Procedures Section of the FAA- Fan Jet Falcon series airplanes and The regulations proposed herein approved Airplane Flight Manual (AFM) by Model Fan Jet Falcon Series D, E, and would not have substantial direct effects accomplishing the action specified in either F series airplanes). These AFM revisions on the States, on the relationship paragraph (a)(1) or (a)(2) of this AD, as provide the flight crew with certain between the national government and applicable. emergency procedures associated with the States, or on the distribution of (1) For Model Mystere-Falcon 20 series an engine fire, or with a rear power and responsibilities among the airplanes: Insert a copy of Dassault 731 Falcon Retrofit 20 Airplane Flight Manual compartment fire or overheat various levels of government. Therefore, DTM30528, Revision 10, dated January 20, conditions. Accomplishment of the in accordance with Executive Order 1998, into the AFM. actions specified in these AFM revisions 12612, it is determined that this (2) For Model Fan Jet Falcon series is intended to adequately address the proposal would not have sufficient airplanes and Model Fan Jet Falcon Series D, 55350 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules

E, and F series airplanes: Insert a copy of the a foreign civil airworthiness authority. must submit a self-addressed, stamped Dassault Fan Jet Falcon Airplane Flight The actions specified by the proposed postcard on which the following Manual DTM589/590/591/592, Revision 49, AD are intended to prevent failure of the statement is made: ‘‘Comments to dated January 20, 1998, into the AFM. nosewheel steering control cables, Docket Number 98–NM–216–AD.’’ The (b) An alternative method of compliance or adjustment of the compliance time that which could result in loss of the postcard will be date stamped and provides an acceptable level of safety may be nosewheel steering or collapse of the returned to the commenter. used if approved by the Manager, NLG, and possible injury to the Availability of NPRMs International Branch, ANM–116, FAA, flightcrew and passengers. Transport Airplane Directorate. Operators DATES: Comments must be received by Any person may obtain a copy of this shall submit their requests through an November 16, 1998. NPRM by submitting a request to the appropriate FAA Principal Operations FAA, Transport Airplane Directorate, ADDRESSES: Submit comments in Inspector, who may add comments and then ANM–114, Attention: Rules Docket No. send it to the Manager, International Branch, triplicate to the Federal Aviation 98–NM–216–AD, 1601 Lind Avenue, ANM–116. Administration (FAA), Transport SW., Renton, Washington 98055–4056. Note 1: Information concerning the Airplane Directorate, ANM–114, existence of approved alternative methods of Attention: Rules Docket No. 98–NM– Discussion compliance with this AD, if any, may be 216–AD, 1601 Lind Avenue, SW., The Civil Aviation Authority (CAA), obtained from the International Branch, Renton, Washington 98055–4056. which is the airworthiness authority for ANM–116. Comments may be inspected at this the United Kingdom, notified the FAA (c) Special flight permits may be issued in location between 9:00 a.m. and 3:00 that an unsafe condition may exist on accordance with §§ 21.197 and 21.199 of the p.m., Monday through Friday, except certain British Aerospace BAe Model Federal Aviation Regulations (14 CFR 21.197 Federal holidays. ATP airplanes. The CAA advises that it and 21.199) to operate the airplane to a The service information referenced in location where the requirements of this AD received a report of failure of the can be accomplished. the proposed rule may be obtained from nosewheel steering control cables AI(R) American Support, Inc., 13850 Note 2: The subject of this AD is addressed located in the nosewheel bay of the nose in French airworthiness directive 98–114– Mclearen Road, Herndon, Virginia landing gear (NLG) on a BAe Model 023(B), dated March 11, 1998. 20171. This information may be ATP airplane. This failure was due to Issued in Renton, Washington, on October examined at the FAA, Transport excessively worn nosewheel steering 5, 1998. Airplane Directorate, 1601 Lind control cables. Wear of these cables can Darrell M. Pederson, Avenue, SW., Renton, Washington. be intensified by a high number of Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT: landings and discrepant pulleys in the Directorate, Aircraft Certification Service. Norman B. Martenson, Manager, nosewheel steering system, which can [FR Doc. 98–27598 Filed 10–14–98; 8:45 am] International Branch, ANM–116, FAA, result in a shorter service life for these Transport Airplane Directorate, 1601 BILLING CODE 4910±13±U parts. In one case, after failure of a Lind Avenue, SW., Renton, Washington nosewheel steering control cable, the 98055–4056; telephone (425) 227–2110; NLG developed a divergent shimmy of DEPARTMENT OF TRANSPORTATION fax (425) 227–1149. the nosewheels, which caused structural SUPPLEMENTARY INFORMATION: failure and collapse of the NLG. Such Federal Aviation Administration failure of the nosewheel steering control Comments Invited cables, if not corrected, could result in 14 CFR Part 39 Interested persons are invited to loss of the nosewheel steering or [Docket No. 98±NM±216±AD] participate in the making of the collapse of the NLG, and possible injury proposed rule by submitting such to the flightcrew and passengers. RIN 2120±AA64 written data, views, or arguments as they may desire. Communications shall Explanation of Relevant Service Airworthiness Directives; British identify the Rules Docket number and Information Aerospace BAe Model ATP Airplanes be submitted in triplicate to the address The manufacturer has issued British AGENCY: Federal Aviation specified above. All communications Aerospace Service Bulletin ATP–32–91, Administration, DOT. received on or before the closing date dated May 19, 1998, which describes ACTION: Notice of proposed rulemaking for comments, specified above, will be procedures for repetitive visual and (NPRM). considered before taking action on the tactile inspections of the nosewheel proposed rule. The proposals contained steering control cables to detect SUMMARY: This document proposes the in this notice may be changed in light excessive wear; repetitive testing of the adoption of a new airworthiness of the comments received. cable pulleys to detect seizing; and directive (AD) that is applicable to Comments are specifically invited on corrective action [i.e., replacing the certain British Aerospace BAe Model the overall regulatory, economic, cable pulleys with new pulleys (if ATP airplanes. This proposal would environmental, and energy aspects of seized), and resetting the cable tension require repetitive inspections to detect the proposed rule. All comments (if slack)], if necessary. The service wear damage on the nosewheel steering submitted will be available, both before bulletin also establishes a service life control cables located in the nosewheel and after the closing date for comments, limit on the nosewheel steering control bay of the nose landing gear (NLG); in the Rules Docket for examination by cables located at the top of the repetitive testing of the cable pulleys to interested persons. A report nosewheel bay, and describes detect seizing; and corrective action, if summarizing each FAA-public contact procedures for repetitive replacement of necessary. This proposal also would concerned with the substance of this the nosewheel steering control cables require repetitive replacement of the proposal will be filed in the Rules with new components. The CAA nosewheel steering control cables with Docket. classified this service bulletin as new components. This proposal is Commenters wishing the FAA to mandatory in order to assure the prompted by issuance of mandatory acknowledge receipt of their comments continued airworthiness of these continuing airworthiness information by submitted in response to this notice airplanes in the United Kingdom. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules 55351

The manufacturer also has issued Regulatory Impact requirements of this AD is affected, the British Aerospace Alert Service owner/operator must request approval for an The regulations proposed herein alternative method of compliance in Bulletin, ATP–A32–90, dated March 21, would not have substantial direct effects 1998, as an additional source of service accordance with paragraph (d) of this AD. on the States, on the relationship The request should include an assessment of information for the accomplishment of between the national government and the effect of the modification, alteration, or the visual and tactile inspections of the the States, or on the distribution of repair on the unsafe condition addressed by nosewheel steering control cables to power and responsibilities among the this AD; and, if the unsafe condition has not detect excessive wear; a circuit check of various levels of government. Therefore, been eliminated, the request should include the nosewheel steering control cable in accordance with Executive Order specific proposed actions to address it. system; and replacement of any 12612, it is determined that this Compliance: Required as indicated, unless discrepant cable or pulley with a proposal would not have sufficient accomplished previously. serviceable part. To prevent failure of the nosewheel federalism implications to warrant the steering control cables, which could result in U.S. Type Certification of Airplane preparation of a Federalism Assessment. loss of the nosewheel steering or collapse of For the reasons discussed above, I This airplane model is manufactured the nose landing gear (NLG), and possible certify that this proposed regulation (1) injury to the flightcrew and passengers, in the United Kingdom and is type is not a ‘‘significant regulatory action’’ accomplish the following: certificated for operation in the United under Executive Order 12866; (2) is not (a) Perform a visual and tactile inspection States under the provisions of section a ‘‘significant rule’’ under the DOT of the nosewheel steering control cables 21.29 of the Federal Aviation Regulatory Policies and Procedures (44 located in the nosewheel bay of the NLG to Regulations (14 CFR 21.29) and the detect excessive wear, and test the cable FR 11034, February 26, 1979); and (3) if applicable bilateral airworthiness pulleys for seizing, in accordance with promulgated, will not have a significant agreement. British Aerospace Service Bulletin ATP–32– economic impact, positive or negative, 91, dated May 19, 1998; at the applicable Explanation of Requirements of on a substantial number of small entities time specified in paragraph (a)(1) or (a)(2) of Proposed Rule under the criteria of the Regulatory this AD. Thereafter, repeat the inspection and Flexibility Act. A copy of the draft test at intervals not to exceed 1,800 flight Since an unsafe condition has been hours, or 2,400 landings, whichever occurs identified that is likely to exist or regulatory evaluation prepared for this action is contained in the Rules Docket. first. develop on other airplanes of the same (1) For airplanes on which the nosewheel type design registered in the United A copy of it may be obtained by steering control cables have accumulated States, the proposed AD would require contacting the Rules Docket at the 6,000 or more total flight hours, or 8,000 or accomplishment of the actions specified location provided under the caption more total landings as of the effective date of in the service bulletin described ADDRESSES. this AD, and for airplanes on which the time- previously. in-service of the nosewheel steering control List of Subjects in 14 CFR Part 39 cables is unknown: Inspect and test within Interim Action Air transportation, Aircraft, Aviation 600 flight hours or 800 landings after the safety, Safety. effective date of this AD, whichever occurs This is considered to be interim first. action until final action is identified, at The Proposed Amendment (2) For airplanes on which the nosewheel which time the FAA may consider Accordingly, pursuant to the steering control cables have accumulated less further rulemaking. than 6,000 total flight hours or 8,000 total authority delegated to me by the landings as of the effective date of this AD: Cost Impact Administrator, the Federal Aviation Inspect and test within 900 flight hours or The FAA estimates that 10 airplanes Administration proposes to amend part 1,200 landings after the effective date of this of U.S. registry would be affected by this 39 of the Federal Aviation Regulations AD, whichever occurs first. proposed AD. (14 CFR part 39) as follows: (b) If any cable wear is outside the limits It would take approximately 2 work specified in British Aerospace Service PART 39ÐAIRWORTHINESS Bulletin ATP–32–91, dated May 19, 1998, or hours per airplane to accomplish the DIRECTIVES if any discrepant pulley is detected during proposed inspection, at an average labor any inspection or test required by paragraph rate of $60 per work hour. Based on 1. The authority citation for part 39 (a) of this AD, prior to further flight, replace these figures, the cost impact of the continues to read as follows: the discrepant cable or pulley with a new inspection proposed by this AD on U.S. Authority: 49 U.S.C. 106(g), 40113, 44701. component in accordance with the service operators is estimated to be $1,200, or bulletin. Thereafter, continue accomplishment of the actions required by $120 per airplane, per inspection cycle. § 39.13 [Amended] It would take approximately 4 work paragraphs (a) and (c) of this AD at the hours per airplane to accomplish the 2. Section 39.13 is amended by intervals specified in those paragraphs. proposed replacement, at an average adding the following new airworthiness (c) Replace the nosewheel steering control directive: cables with new cables at the later of the labor rate of $60 per work hour. times specified in paragraphs (c)(1) and (c)(2) Required parts would cost British Aerospace Regional Aircraft of this AD in accordance with British approximately $775 per airplane. Based [Formerly Jetstream Aircraft Limited; Aerospace Service Bulletin ATP–32–91, on these figures, the cost impact of the British Aerospace (Commercial Aircraft) dated May 19, 1998. Thereafter, repeat the replacement proposed by this AD on Limited]: Docket 98–NM–216–AD. replacement at intervals not to exceed 6,000 U.S. operators is estimated to be Applicability: Model BAe ATP airplanes, total flight hours or 8,000 total landings on $10,150, or $1,015 per airplane. constructor’s numbers 2002 through 2063 the nosewheel steering cables, whichever inclusive; certificated in any category. The cost impact figures discussed occurs first. above are based on assumptions that no Note 1: This AD applies to each airplane (1) Within 900 flight hours or 1,200 identified in the preceding applicability landings after the effective date of this AD, operator has yet accomplished any of provision, regardless of whether it has been whichever occurs first. the proposed requirements of this AD modified, altered, or repaired in the area (2) Prior to the accumulation of 6,000 total action, and that no operator would subject to the requirements of this AD. For flight hours or 8,000 total landings on the accomplish those actions in the future if airplanes that have been modified, altered, or nosewheel steering cables, whichever occurs this AD were not adopted. repaired so that the performance of the first. 55352 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules

Note 2: Accomplishment of the initial issuance of mandatory continuing submitted in response to this notice inspection or initial replacement of the airworthiness information by a foreign must submit a self-addressed, stamped nosewheel steering control cables prior to the civil airworthiness authority. The postcard on which the following effective date of this AD in accordance with actions specified by the proposed AD statement is made: ‘‘Comments to British Aerospace Alert Service Bulletin Docket Number 98–NM–215–AD.’’ The ATP–A32–90, dated March 21, 1998, is are intended to prevent leakage from considered acceptable for compliance with hydraulic pipe fittings in the THS, postcard will be date stamped and the initial inspection or initial replacement which could result in failure of the THS returned to the commenter. required by this AD. and consequent reduced controllability Availability of NPRMs (d) An alternative method of compliance or of the airplane. adjustment of the compliance time that DATES: Comments must be received by Any person may obtain a copy of this provides an acceptable level of safety may be November 16, 1998. NPRM by submitting a request to the FAA, Transport Airplane Directorate, used if approved by the Manager, ADDRESSES: Submit comments in ANM–114, Attention: Rules Docket No. International Branch, ANM–116, FAA, triplicate to the Federal Aviation Transport Airplane Directorate. Operators 98–NM–215–AD, 1601 Lind Avenue, shall submit their requests through an Administration (FAA), Transport SW., Renton, Washington 98055–4056. appropriate FAA Principal Maintenance Airplane Directorate, ANM–114, Inspector, who may add comments and then Attention: Rules Docket No. 98–NM– Discussion send it to the Manager, International Branch, 215–AD, 1601 Lind Avenue, SW., On August 11, 1995, the FAA issued ANM–116. Renton, Washington 98055–4056. AD 95–17–12, amendment 39–9342 (60 Note 3: Information concerning the Comments may be inspected at this FR 43519, August 22, 1995), applicable existence of approved alternative methods of location between 9:00 a.m. and 3:00 to certain Airbus Model A320 series compliance with this AD, if any, may be p.m., Monday through Friday, except airplanes, to require modification of the obtained from the International Branch, Federal holidays. ANM–116. trimmable horizontal stabilizer (THS). The service information referenced in That action was prompted by a report of (e) Special flight permits may be issued in the proposed rule may be obtained from accordance with sections 21.197 and 21.199 leakage from some of the hydraulic pipe Airbus Industrie, 1 Rond Point Maurice fittings after a lightning strike. The of the Federal Aviation Regulations (14 CFR Bellonte, 31707 Blagnac Cedex, France. 21.197 and 21.199) to operate the airplane to requirements of that AD are intended to a location where the requirements of this AD This information may be examined at prevent such leakage from hydraulic can be accomplished. the FAA, Transport Airplane pipe fittings, which could result in the Issued in Renton, Washington, on October Directorate, 1601 Lind Avenue, SW., loss of the pilot’s ability to control the 5, 1998. Renton, Washington. moveable surfaces of the THS. FOR FURTHER INFORMATION CONTACT: Darrell M. Pederson, Actions Related to Previous Rule Acting Manager, Transport Airplane Norman B. Martenson, Manager, Directorate, Aircraft Certification Service. International Branch, ANM–116, FAA, In relation to the actions required by ´ ´ [FR Doc. 98–27597 Filed 10–14–98; 8:45 am] Transport Airplane Directorate, 1601 AD 95–17–12, the Direction Generale de Lind Avenue, SW., Renton, Washington l’Aviation Civile (DGAC), which is the BILLING CODE 4910±13±U 98055–4056; telephone (425) 227–2110; airworthiness authority for France, fax (425) 227–1149. notified the FAA that incorrect clamps DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: were installed on certain Airbus Model A320 series airplanes, in accordance Federal Aviation Administration Comments Invited with Airbus Service Bulletin A320–29– Interested persons are invited to 1058, dated July 16, 1993. (That service 14 CFR Part 39 participate in the making of the bulletin was referenced in AD 95–17–12 [Docket No. 98±NM±215±AD] proposed rule by submitting such as the appropriate source of service written data, views, or arguments as information for modification of the RIN 2120±AA64 they may desire. Communications shall trimmable horizontal stabilizer.) The identify the Rules Docket number and clamps referenced in that service Airworthiness Directives; Airbus Model be submitted in triplicate to the address bulletin were made for rigid hoses and A320 Series Airplanes specified above. All communications not for correction of leakage in the AGENCY: Federal Aviation received on or before the closing date flexible hoses, as required by AD 95– Administration, DOT. for comments, specified above, will be 17–12. As a result of these findings, ACTION: Notice of proposed rulemaking considered before taking action on the Airbus issued All Operator Telex (AOT) (NPRM). proposed rule. The proposals contained 29–10, dated June 15, 1994, which in this notice may be changed in light identified the correct clamps to use with SUMMARY: This document proposes the of the comments received. the flexible hoses. The AOT also supersedure of an existing airworthiness Comments are specifically invited on excluded a number of airplanes from the directive (AD), applicable to certain the overall regulatory, economic, affected list because the correct clamps Airbus Model A320 series airplanes, environmental, and energy aspects of had been incorporated during that currently requires modification of the proposed rule. All comments production. Upon further investigation, the trimmable horizontal stabilizer submitted will be available, both before however, the manufacturer discovered (THS). This action would add and after the closing date for comments, that incorrect clamps were installed on requirements for a one-time inspection in the Rules Docket for examination by some of the airplanes that had been of the flexible hoses of the elevator interested persons. A report excluded. return lines on the THS to detect summarizing each FAA-public contact Consequently, Airbus issued AOT 29– installation of incorrect clamps, or concerned with the substance of this 10, Revision 01, dated September 23, missing clamps or bonding leads; and proposal will be filed in the Rules 1994, to provide procedures for for replacement of the clamps or Docket. inspection for installation of incorrect bonding leads with new parts, if Commenters wishing the FAA to clamps on those airplanes that were necessary. This proposal is prompted by acknowledge receipt of their comments identified as having been modified Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules 55353 during production. Subsequent return lines on the THS to detect A copy of it may be obtained by investigation revealed that some of the installation of incorrect clamps, and contacting the Rules Docket at the airplanes modified in accordance with missing clamps or bonding leads; and location provided under the caption Revision 01 of the AOT were missing for replacement of the clamps or ADDRESSES. the clamps or bonding leads required for bonding leads with new parts, if List of Subjects in 14 CFR Part 39 proper electrical contact with the necessary. The actions would be flexible hoses of the elevator return required to be accomplished in Air transportation, Aircraft, Aviation lines. accordance with the service information safety, Safety. described previously. Explanation of Relevant Service The Proposed Amendment Information Cost Impact Accordingly, pursuant to the Airbus has issued AOT 29–10, There are approximately 126 authority delegated to me by the Revision 02, dated February 13, 1995, airplanes of U.S. registry that would be Administrator, the Federal Aviation which describes procedures for a one- affected by this proposed AD. Administration proposes to amend part time inspection of the flexible hoses of The modification that is currently 39 of the Federal Aviation Regulations the elevator return lines on the THS to required by AD 95–17–12, takes (14 CFR part 39) as follows: detect installation of incorrect clamps, approximately 13 work hours per and missing clamps or bonding leads. airplane to accomplish, at an average PART 39ÐAIRWORTHINESS That AOT also describes procedures for labor rate of $60 per work hour. DIRECTIVES replacement of the clamps or bonding Required parts are provided by the 1. The authority citation for part 39 leads with new parts, if necessary. manufacturer at no cost to the operators. continues to read as follows: Airbus also has issued Service Based on these figures, the cost impact Authority: 49 U.S.C. 106(g), 40113, 44701. Bulletin A320–29–1058, Revision 1, of the currently required modification dated November 28, 1994, which on U.S. operators is estimated to be § 39.13 [Amended] updates the original issue of the service $98,280, or $780 per airplane. 2. Section 39.13 is amended by bulletin by specifying new, correct The inspection that is proposed in removing amendment 39–9342 (60 FR clamps for accomplishment of Airbus this AD action would take 43519, August 22, 1995), and by adding Modification 23556. approximately 5 work hours per a new airworthiness directive (AD), to Accomplishment of the actions airplane to accomplish, at an average read as follows: specified in the service information is labor rate of $60 per work hour. Based intended to adequately address the on these figures, the cost impact of the Airbus Industrie: Docket 98–NM–215–AD. proposed inspection of this AD on U.S. Supersedes AD 95–17–12, Amendment identified unsafe condition. The DGAC 39–9342. classified this service information as operators is estimated to be $37,800, or Applicability: Model A320 series airplanes; mandatory and issued French $300 per airplane. serial numbers 002 through 008 inclusive, airworthiness directive 93–123– The cost impact figures discussed 010 through 014 inclusive, 016 through 078 046(B)R1, dated May 10, 1995, in order above are based on assumptions that no inclusive, 080 through 104 inclusive, 106 to assure the continued airworthiness of operator has yet accomplished any of through 363 inclusive, 365 through 384 these airplanes in France. the current or proposed requirements of inclusive, 386 through 411 inclusive, 413 this AD action, and that no operator through 433 inclusive, 435 through 457 FAA’s Conclusions would accomplish those actions in the inclusive, 459 through 467 inclusive, and 469 This airplane model is manufactured future if this AD were not adopted. through 472 inclusive; certificated in any in France and is type certificated for category. operation in the United States under the Regulatory Impact Note 1: This AD applies to each airplane provisions of section 21.29 of the The regulations proposed herein identified in the preceding applicability Federal Aviation Regulations (14 CFR would not have substantial direct effects provision, regardless of whether it has been on the States, on the relationship modified, altered, or repaired in the area 21.29) and the applicable bilateral subject to the requirements of this AD. For airworthiness agreement. Pursuant to between the national government and airplanes that have been modified, altered, or this bilateral airworthiness agreement, the States, or on the distribution of repaired so that the performance of the the DGAC has kept the FAA informed power and responsibilities among the requirements of this AD is affected, the of the situation described above. The various levels of government. Therefore, owner/operator must request approval for an FAA has examined the findings of the in accordance with Executive Order alternative method of compliance in DGAC, reviewed all available 12612, it is determined that this accordance with paragraph (d) of this AD. information, and determined that AD proposal would not have sufficient The request should include an assessment of federalism implications to warrant the the effect of the modification, alteration, or action is necessary for products of this repair on the unsafe condition addressed by type design that are certificated for preparation of a Federalism Assessment. this AD; and, if the unsafe condition has not operation in the United States. For the reasons discussed above, I been eliminated, the request should include certify that this proposed regulation (1) specific proposed actions to address it. Explanation of Requirements of is not a ‘‘significant regulatory action’’ Proposed Rule Compliance: Required as indicated, unless under Executive Order 12866; (2) is not accomplished previously. Since an unsafe condition has been a ‘‘significant rule’’ under the DOT To prevent leakage from hydraulic pipe identified that is likely to exist or Regulatory Policies and Procedures (44 fittings in the trimmable horizontal stabilizer develop on other airplanes of the same FR 11034, February 26, 1979); and (3) if (THS), which could result in failure of the type design registered in the United promulgated, will not have a significant THS and consequent reduced controllability States, the proposed AD would economic impact, positive or negative, of the airplane, accomplish the following: supersede AD 95–17–12 to continue to on a substantial number of small entities (a) For airplanes on which Airbus Modification 22621 and Airbus Modification require modification of the THS. In under the criteria of the Regulatory 23556 have not been installed: Within 3,500 addition, this proposed AD would add Flexibility Act. A copy of the draft flight hours after September 21, 1995 (the requirements for a one-time inspection regulatory evaluation prepared for this effective date of AD 95–17–12), modify the of the flexible hoses of the elevator action is contained in the Rules Docket. THS in accordance with Airbus Service 55354 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules

Bulletin A320–29–1058, dated July 16, 1993, DEPARTMENT OF TRANSPORTATION Communications should identify the or Revision 1, dated November 28, 1994, and airspace docket number and be Airbus Service Bulletin A320–27–1041, Federal Aviation Administration submitted in triplicate to the address Revision 2, dated April 20, 1994. After the listed above. Commenters wishing the effective date of this AD, only Revision 1 of 14 CFR Part 71 FAA to acknowledge receipt of their Airbus Service Bulletin A320–29–1058 shall [Airspace Docket No. 98±ASO±17] comments on this notice must submit be used. with those comments a self-addressed, (b) For airplanes other than those Proposed Establishment of Class E2 stamped postcard on which the identified in paragraph (a) of this AD: Within Airspace; Atlanta Dekalb-Peachtree following statement is made: 3,500 flight hours after the effective date of Airport, GA ‘‘Comments to Airspace Docket No. 98– this AD, modify the THS in accordance with ASO–17.’’ The postcard will be date/ Airbus Service Bulletin A320–29–1058, AGENCY: Federal Aviation time stamped and returned to the Revision 1, dated November 28, 1994, and Administration (FAA), DOT. commenter. All communications Airbus Service Bulletin A320–27–1041, ACTION: Notice of proposed rulemaking. received before the specified closing Revision 2, dated April 20, 1994. date for comments will be considered (c) Within 500 flight hours after the SUMMARY: This notice proposes to before taking action on the proposed effective date of this AD, perform a one-time establish Class E2 airspace at Atlanta, rule. The proposal contained in this inspection of the flexible hoses of the GA, for the Dekalb-Peachtree Airport. notice may be changed in light of the elevator return lines on the THS to detect An automated weather observing system comments received. All comments installation of incorrect clamps, or missing transmits the required weather submitted will be available for clamps or bonding leads, in accordance with observations continuously to The examination in the Office of the Airbus All Operator Telex (AOT) 29–10, William B. Hartsfield, Atlanta Regional Counsel for Southern Region, Revision 02, dated February 13, 1995. International Airport Traffic Control Room 550, 1701 Columbia Avenue, (1) If the correct clamps are installed, and Tower, the controlling facility for the College Park, Georgia 30337, both before there are no missing clamps or bonding airport, when the Dekalb-Peachtree and after the closing date for comments. leads, no further action is required by Airport Traffic Control Tower is closed. A report summarizing each substantive paragraph (b) of this AD. Therefore, the airport now meets the public contact with FAA personnel (2) If any incorrect clamp is installed, prior criteria for Class E2 surface area concerned with this rulemaking will be to further flight, replace the incorrect clamp airspace. The Class E2 airspace would filed in the docket. with the correct clamp; and, if any bonding consist of that airspace extending lead is missing, prior to further flight, install upward from the surface to but not Availability of NPRMs a new bonding lead, in accordance with the including 700 feet within a 4-mile Any person may obtain a copy of this AOT. radius of Dekalb-Peachtree Airport. Notice of Proposed Rulemaking (NPRM) (3) If any clamp or bonding lead is missing, DATES: Comments must be received on by submitting a request to the Federal prior to further flight, install new parts in or before November 16, 1998. Aviation Administration, Manager, accordance with the AOT. Airspace Branch, ASO–520, Air Traffic ADDRESSES: Send comments on the (d) An alternative method of compliance or Division, P.O. Box 20636, Atlanta, adjustment of the compliance time that proposal in triplicate to: Federal Aviation Administration, Docket No. Georgia 30320. Communications must provides an acceptable level of safety may be identify the notice number of this 98–ASO–17, Manager, Airspace Branch, used if approved by the Manager, NPRM. Persons interested in being ASO–520, P.O. Box 20636, Atlanta, International Branch, ANM–116, FAA, placed on a mailing list for future Georgia 30320. Transport Airplane Directorate. Operators NPRMs should also request a copy of The official docket may be examined shall submit their requests through an Advisory Circular No. 11–2A which in the Office of the Regional Counsel for appropriate FAA Principal Maintenance describes the application procedure. Inspector, who may add comments and then Southern Region, Room 550, 1701 send it to the Manager, International Branch, Columbia Avenue, College Park, Georgia The Proposal ANM–116. 30337, telephone (404) 305–5586. The FAA is considering an Note 2: Information concerning the FOR FURTHER INFORMATION CONTACT: amendment to part 71 of the Federal existence of approved alternative methods of Nancy B. Shelton, Manager, Airspace Aviation Regulations (14 CFR Part 71) to compliance with this AD, if any, may be Branch, Air Traffic Division, Federal establish Class E2 airspace at Atlanta obtained from the International Branch, Aviation Administration, P.O. Box Dekalb-Peachtree Airport, GA. An ANM–116. 20636, Atlanta, Georgia 30320; automated weather observing system (e) Special flight permits may be issued in telephone (404) 305–5586. transmits the required weather accordance with sections 21.197 and 21.199 SUPPLEMENTARY INFORMATION: observations continuously to The of the Federal Aviation Regulations (14 CFR William B. Hartsfield, Atlanta 21.197 and 21.199) to operate the airplane to Comments Invited International Airport Traffic Control a location where the requirements of this AD Interested parties are invited to Tower, the controlling facility for the can be accomplished. participate in this proposed rulemaking airport when the Dekalb-Peachtree Note 3: The subject of this AD is addressed by submitting such written data, views Airport Traffic Control Tower is closed. in French airworthiness directive 93–123– or arguments, as they may desire. Therefore, the airport now meets the 046(B)R1, dated May 10, 1995. Comments that provide the factual basis criteria for Class E2 surface area Issued in Renton, Washington, on October supporting the views and suggestions airspace when the Dekalb-Peachtree 5, 1998. presented are particularly helpful in Airport Traffic Control Tower is closed. developing reasoned regulatory Class E2 airspace designations for Darrell M. Pederson, decisions on the proposal. Comments airspace surface areas are published in Acting Manager, Transport Airplane are specifically invited on the overall Paragraph 6002 of FAA Order 7400.9F Directorate, Aircraft Certification Service. regulatory, aeronautical, economic, dated September 10, 1998, and effective [FR Doc. 98–27596 Filed 10–14–98; 8:45 am] environmental, and energy-related September 16, 1998, which is BILLING CODE 4910±13±U aspects of the proposal. incorporated by reference in 14 CFR Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules 55355

71.1. The Class E2 airspace designation thereafter be continuously published in the DEPARTMENT OF COMMERCE listed in this document would be Airport/Facility Directory. published subsequently in the Order. * * * * * National Oceanic and Atmospheric The FAA has determined that this Issued in College Park, Georgia, on Administration proposed regulation only involves an September 30, 1998. established body of technical Wade Carpenter, 50 CFR Part 648 regulations for which frequent and Acting Manager, Air Traffic Division, [I.D. 100598D] routine amendments are necessary to Southern Region. keep them operationally current. It, [FR Doc. 98–27720 Filed 10–14–98; 8:45 am] Mid-Atlantic Fishery Management therefore, (1) is not a ‘‘significant BILLING CODE 4910±13±M Council and New England Fishery regulatory action’’ under Executive Management Council; Public Hearings Order 12866; (2) is not a ‘‘significant AGENCY: National Marine Fisheries rule’’ under DOT Regulatory Policies DEPARTMENT OF THE TREASURY Service (NMFS), National Oceanic and and Procedures (44 FR 11034; February Atmospheric Administration (NOAA), 26, 1979); and (3) does not warrant Internal Revenue Service Commerce. preparation of a Regulatory Evaluation ACTION: as the anticipated impact is so minimal. 26 CFR Part 1 Public hearings, request for Since this is a routine matter that will comments. [REG±116608±97] only affect air traffic procedures and air SUMMARY: The Mid-Atlantic and the navigation, it is certified that this rule, New England Fishery Management RIN±1545±AV61 when promulgated, will not have a Councils (Councils) will hold public significant economic impact on a hearings to allow for input on substantial number of small entities EIC Eligibility Requirements; Hearing Cancellation development of the Spiny Dogfish under the criteria of the Regulatory Fishery Management Plan (FMP). Flexibility Act. AGENCY: Internal Revenue Service, DATES: Written comments on the FMP List of Subjects in 14 CFR Part 71 Treasury. will be accepted until November 23, ACTION: Cancellation of notice of public Airspace, Incorporation by reference, 1998. The public hearings are scheduled hearing on proposed regulations. Navigation (air). to be held from October 26 to November 4, 1998. See SUPPLEMENTARY SUMMARY: The Proposed Amendment This document provides INFORMATION for specific dates and notice of cancellation of a public times. In consideration of the foregoing, the hearing on proposed regulations Federal Aviation Administration pertaining to the eligibility requirements ADDRESSES: Send comments to proposes to amend 14 CFR part 71 as for certain taxpayers denied the earned Christopher M. Moore, Ph.D., Acting follows: income credit (EIC) as a result of the Executive Director, Mid-Atlantic deficiency procedures. Fishery Management Council, Room PART 71ÐDESIGNATION OF CLASS A, 2115 Federal Building, 300 South New CLASS B, CLASS C, CLASS D, AND DATES: The public hearing originally Street, Dover, DE 19904 or Paul Howard, CLASS E AIRSPACE AREAS; scheduled for Wednesday, October 21, Executive Director, New England AIRWAYS; ROUTES; AND REPORTING 1998, beginning at 10 a.m. is cancelled. Fishery Management Council, 5 POINTS FOR FURTHER INFORMATION CONTACT: Broadway, Saugus, MA 01906–1036. LaNita Van Dyke of the Regulations The hearings will be held in Maine, 1. The authority citation for Part 71 Unit, Assistant Chief Counsel New Hampshire, Massachusetts, New continues to read as follows: (Corporate), (202) 622–7190, (not a toll- York, New Jersey, Maryland, Virginia, Authority: 49 U.S.C. 106(g); 40103, 40113, free number). and North Carolina. See SUPPLEMENTARY 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– SUPPLEMENTARY INFORMATION: The INFORMATION for locations of the 1963 Comp., p. 389. subject of the public hearing is proposed hearings. § 71.1 [Amended] regulations under § 1.32–3 of the FOR FURTHER INFORMATION CONTACT: Income Tax Regulations. A notice of Christopher M. Moore, Ph.D., Acting 2. The incorporation by reference in proposed rulemaking and notice of Executive Director, Mid-Atlantic 14 CFR 71.1 of Federal Aviation public hearing appearing in the Federal Fishery Management Council, 302–674– Administration Order 7400.9F, Airspace Register on Thursday, June 25, 1998 (63 2331, or Paul Howard, Executive Designations and Reporting Points, FR 34615), announced that the public Director, New England Fishery dated September 10, 1998, and effective hearing on proposed regulations under Management Council, 781–231–0422. September 16, 1998, is amended as § 1.32–3 of the Income Tax Regulations SUPPLEMENTARY INFORMATION: follows: would be held on Wednesday, October Paragraph 6002 Class E Airspace 21, 1998, beginning at 10 a.m., in room Background Designated as Surface Areas 2615, Internal Revenue Building, 1111 The purpose of the proposed action is * * * * * Constitution Avenue, NW., Washington to initiate management of spiny dogfish DC. (Squalus acanthias), pursuant to the ASO GA E2 Atlanta Dekalb-Peachtree The public hearing scheduled for Airport, GA [New] Magnuson-Stevens Fishery Wednesday, October 21, 1998, is Conservation and Management Act Atlanta Dekalb-Peachtree Airport cancelled. (Lat 33°52′30′′ N, long. 84°18′08′′ W) (Magnuson-Stevens Act) of 1976 as Cynthia E. Grigsby, Within a 4-mile radius of the Dekalb- amended by the Sustainable Fisheries Chief, Regulations Unit, Assistant Chief Peachtree Airport. This Class E airspace area Act (SFA). For most of the first two Counsel (Corporate). is effective during the specific dates and decades of extended jurisdiction under times established in advance by a Notice to [FR Doc. 98–27711 Filed 10–14–98; 8:45 am] the Magnuson-Stevens Act, the spiny Airmen. The effective date and time will BILLING CODE 4830±01±U dogfish was considered to be an 55356 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules

‘‘underutilized’’ species of relatively overfishing as a rate or level of fishing Preferred Management Measures minor value to the domestic fisheries of mortality that jeopardizes a fishery’s The Councils are proposing a number the U.S. East Coast. With the decline of capacity to produce maximum of preferred management measures to more traditional groundfish resources in sustainable yield (MSY) on a continuing meet the objectives of the FMP. These recent years, an increase in directed basis. preferred alternatives are as follows: fishing for spiny dogfish has resulted in Each FMP must specify objective and 1. Permit and reporting requirements a nearly sixfold increase in landings in measurable status determination criteria for commercial vessels, operators, and the last 7 years. Recent rapid expansion for identifying when stocks or stock dealers. of the fishery has resulted in a dramatic complexes covered by the FMP are 2. The establishment of a Spiny increase in fishing mortality. overfished. To fulfill the requirements Dogfish FMP Monitoring Committee. Particularly troublesome is the fact that of the SFA, status determination criteria 3. The implementation of a framework the fishery targets mature females for spiny dogfish comprise two adjustment process. because of their large size. The recent components: (1) A maximum fishing 4. A 10-year stock rebuilding fishery expansion, in combination with mortality threshold and (2) a minimum schedule. the removal of a large portion of the stock size threshold. The maximum F 5. A commercial quota. 6. Seasonal (semi-annual) allocation adult female stock, has resulted in the threshold for spiny dogfish is specified species being designated as overfished of the quota. as FMSY. The minimum biomass by NMFS. The SFA requires remedial 7. A prohibition on finning. threshold is specified as one-half BMSY. action by the Councils for stocks 8. A limit of 80 nets (50 fathoms each) For spiny dogfish, the stock size that in the spiny dogfish gillnet fishery. designated as overfished and requires would maximize average recruitment is that a management program be known as the SSBmax and is Alternatives to the Preferred developed within 1 year of the date of recommended as a proxy value for Management Actions notification that a species is overfished. BMSY. This target value is currently A number of alternatives to the The lack of any regulations pertaining to estimated to be 440 million lb (200,000 proposed management measures have the harvest of spiny dogfish in the mt). been identified by the Councils for exclusive economic zone, combined consideration by the public. These non- with the recent rapid expansion of the An additional requirement of the SFA preferred alternatives include: domestic fishery, led the Councils to is that stocks that are identified as overfished (i.e., stock biomass is less 1. A no-action at this time. jointly develop a management plan for 2. Alternative rebuilding schedules. the species. than minimum biomass threshold) must be rebuilt to the level that will produce 3. A commercial quota with trip The management unit for this FMP is limits. maximum sustainable yield (BMSY). The defined as the entire spiny dogfish 4. A commercial quota with population along the Atlantic coast of SFA guidelines advise that, in most cases, the stock rebuilding period may alternative seasonal allocations. the United States. The overall goal of 5. A commercial quota with not exceed 10 years. The most recent this FMP is to conserve spiny dogfish in alternative size limits including a slot stock assessment data indicate that total order to achieve optimum yield from size limit. this resource in the western Atlantic adult spiny dogfish stock biomass is 6. A limited entry program for the Ocean. currently about 280 million lb (127,000 spiny dogfish commercial fishery. To meet the overall goal, the mt), which is well below the stock 7. A target commercial quota. following objectives have been adopted: biomass target of 440 million lb 1. Reduce fishing mortality to ensure (200,000 mt). As a result, the Councils Public Hearings that overfishing does not occur; propose to rebuild the spiny dogfish The hearings will begin at 7 p.m., 2. Promote compatible management stock to the BMSY level (as represented with the exception of the New York regulations between state and Council by the proxy of SSBmax) over a 10-year hearing, which begins at 7:30 p.m. The jurisdictions and the United States and rebuilding period through the dates and locations are as follows: Canada; implementation of this FMP. 1. October 26, 1998—Seaport Inn and 3. Promote uniform and effective The preferred alternative will Marina, 110 Middle Street, Fairhaven, enforcement of regulations; eliminate overfishing and rebuild the MA; 2. October 27, 1998—Four Points 4. Minimize regulations while spiny dogfish stock through a two-step Sheraton Hyannis, Route 132, Hyannis, achieving the management objectives reduction in the fishing mortality rate. MA; stated above; and The first step allows for a 1-year exit 3. October 27, 1998—Hampton Inn, 5. Manage the spiny dogfish fishery so fishery of 22 million lb (10,000 mt) to 402 Halstead Boulevard, Elizabeth City, as to minimize the impact of the allow a phaseout of the directed fishery. NC; regulations on the prosecution of other This approach was chosen to minimize 4. October 28, 1998—Ramada East fisheries, to the extent practicable. the impact of the rebuilding program on End, 1830 Route 25, Riverhead, NY; The fishing year for spiny dogfish is 5. October 28, 1998—Virginia Marine both the harvest and processing sectors the 12-month period beginning May 1. Resources Commission, 2600 of the industry. For the first year of the Washington Avenue, Newport News, Management Strategy rebuilding plan (1999–2000), F will be VA; reduced to 0.2 and then will be reduced The SFA, which reauthorized and 6. November 2, 1998—Cape May to F = 0.03 in the remaining 9 years of amended the Magnuson-Stevens Act, County Extension Office, Dennisville the rebuilding plan (2000–2009). This made a number of changes to the Road, Route 657, Cape May Courthouse, schedule allows for stock rebuilding to existing national standards. With NJ; respect to national standard 1, the SFA the level that will support harvests at or 7. November 3, 1998—Dunes Manor, imposed new requirements concerning near the SSBmax level in the year 2009. 2800 Baltimore Avenue, Ocean City, definitions of overfishing in fishery The Councils are seeking public MD; management plans. To comply with comment on the following management 8. November 3, 1998—Holiday Inn by national standard 1, the SFA requires program adopted by the Councils for the Bay, 88 Spring Street, Portland, ME; that each Council FMP define public hearings: and Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules 55357

9. November 4, 1998—Sheraton, 250 Wednesday, October 28, 1998 Multispecies FMP (Framework 26) that Market Street, Portsmouth, NH. At 9:30 a.m., the Council will convene calls for measures to protect cod prior The hearings will be tape recorded a meeting of its Herring Committee to to May 1, the start of the 1999 fishing with the tapes filed as the official continue discussions and select final year. Measures under consideration transcript of the hearings. management measures for the Fishery include expanding the existing Gulf of Maine groundfish closures in time and Special Accommodations Management Plan (FMP) for the Atlantic Herring Fishery. Management measures area and, possibly, expanding them to These hearings are physically under discussion will include, but not waters east of Cape Cod; prohibiting the accessible to people with disabilities. be limited to, restrictions for large use of ‘‘crucifiers,’’ a device used in the Requests for sign language domestic processing vessels (such as hook fishery to sort fish by size; and interpretation or other auxiliary aids size limits or sector allocations) and prohibiting the landing of overages of should be directed to Joanna Davis at vessel tracking system (VTS) the Gulf of Maine cod trip limit the Mid-Atlantic Council office at least requirements. The full Council meeting (eliminating the ‘‘running clock’’). The 5 days prior to the hearing date. will begin in the afternoon at 1:30 p.m. meeting will conclude with a Authority: 16 U.S.C. 1801 et seq. when Council Executive Director Paul presentation of the Draft Highly Howard presents the details of an Migratory Species FMP. NMFS staff Dated: October 7, 1998. from the Highly Migratory Species Gary C. Matlock, annual FMP review and adjustment process for each Council plan and Division will summarize the proposed Director, Office of Sustainable Fisheries, FMP and take questions and comments. National Marine Fisheries Service. public participation procedures. The Herring Committee Report will follow, Any other outstanding Council business [FR Doc. 98–27582 Filed 10–14–98; 8:45 am] during which the committee chairman also will be discussed at this time. BILLING CODE 3510±22±F will ask the Council for approval of the Although other issues not contained outstanding Herring FMP management in this agenda may come before this Council for discussion, in accordance DEPARTMENT OF COMMERCE measures (including recommended measures for large domestic processing with the Magnuson-Stevens Fishery Conservation and Management Act, National Oceanic and Atmospheric vessels and VTS requirements) after a those issues may not be the subject of Administration review of public comments and committee and advisory panel formal Council action during this 50 CFR Part 648 recommendations. The Council is also meeting. Council action will be expected to review and approve FMP restricted to those issues specifically listed in this document. [I.D. 100698B] documents (description of measures, draft regulatory text and summary of Special Accommodations New England Fishery Management impacts). This meeting is physically accessible Council; Public Meeting Thursday, October 29, 1998 to people with disabilities. Requests for AGENCY: National Marine Fisheries The meeting will begin with reports sign language interpretation or other Service (NMFS), National Oceanic and on recent activities from the Council auxiliary aids should be directed to Paul Atmospheric Administration (NOAA), Chairman, Executive Director, the J. Howard (see ADDRESSES) at least 5 Commerce. NMFS Acting Regional Administrator, days prior to the meeting date. ACTION: Public meeting. Northeast Fisheries Science Center and Authority: 16 U.S.C. 1801 et seq. Mid-Atlantic Fishery Management Dated: October 8, 1998. SUMMARY: The New England Fishery Council liaisons, and representatives of Bruce C. Morehead, Management Council (Council) will the Coast Guard, the Atlantic States hold a 2-day public meeting to consider Acting Director, Office of Sustainable Marine Fisheries Commission, and the Fisheries, National Marine Fisheries Service. actions affecting New England fisheries U.S. Fish and Wildlife Service. The [FR Doc. 98–27581 Filed 10–14–98; 8:45 am] in the exclusive economic zone. The full Whiting Committee will ask for Council meeting will begin at 1:30 p.m., approval of measures for Amendment BILLING CODE 3510±22±F following a meeting of the Council’s 12 (whiting) to the Northeast Herring Committee on October 28. Multispecies FMP after a review of the DEPARTMENT OF COMMERCE DATES: The meeting will be held on public and advisory panel comments Wednesday, October 28, 1998, at 9:30 and committee recommendations. Major National Oceanic and Atmospheric a.m. and on Thursday, October 29, 1998, elements of the management program Administration at 8:30 a.m. include new overfishing definitions and the specification of optimum yield as 50 CFR Parts 648 and 649 ADDRESSES: The meeting will be held at required by the Sustainable Fisheries the Holiday Inn Hotel and Convention Act, a moratorium on commercial [I.D. 100798B] Center, 88 Spring Street, Portland, ME whiting permits, a Cultivator Shoal 04101; telephone (207) 775–2311. season change, management alternatives RIN 0648±AL36 Requests for special accommodations for the northern, southern, and should be addressed to the New Fisheries of the Northeastern United Cultivator Shoal management areas England Fishery Management Council, 5 States; American Lobster Fishery; including minimum mesh sizes and Broadway, Saugus, MA 01906–1036; Fishery Management Plan (FMP) possession limits, restrictions on the telephone: (781) 231–0422. Amendments to Achieve Regulatory transfer of whiting and red hake at sea, Consistency on Permit Related FOR FURTHER INFORMATION CONTACT: Paul and a final essential fish habitat J. Howard, Executive Director, New Provisions for Vessels Issued Limited designation for offshore hake. The Access Federal Fishery Permits England Fishery Management Council, Groundfish Committee will seek (781) 231–0422. approval of initial action on a AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: framework adjustment to the Northeast Service (NMFS), National Oceanic and 55358 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Proposed Rules

Atmospheric Administration (NOAA), environmental assessment are available baselines (scup, Loligo/butterfish, Illex, Commerce. from Executive Director, Mid-Atlantic black sea bass, and mahogany quahog); ACTION: Notice of availability of an Fishery Management Council, Room (6) set the effective date of these omnibus amendment to FMPs; request 2115 Federal Building, 300 S. New amendments as the revised replacement for comments. Street, Dover, DE 19904-6790, or from baseline date and the newly established Executive Director, New England upgrade baseline date for the summer SUMMARY: NMFS announces that the Fishery Management Council, 5 flounder FMP; (7) authorize the Mid-Atlantic and New England Fishery Broadway, Saugus, MA 01906–1036. permanent voluntary relinquishment of Management Councils have submitted FOR FURTHER INFORMATION CONTACT: permit eligibility; (8) implement a an omnibus amendment that includes Richard A. Pearson, Fishery Policy restriction on permit splitting; and (9) Amendment 11 to the Summer Analyst, 978–281–9279. require a one-time Confirmation of Flounder, Scup, and Black Sea Bass SUPPLEMENTARY INFORMATION: These Permit History registration, and annual FMP; Amendment 7 to the Atlantic proposed amendments would permit renewal. For the American Mackerel, Squid, and Butterfish FMP; implement consistent measures to Lobster FMP, the amendments would Amendment 11 to the Atlantic Surf govern permit-associated activities for prohibit permit splitting and require a Clam and Ocean Quahog FMP; all Northeast Region FMPs which have one-time Confirmation of Permit History Amendment 8 to the Atlantic Sea limited access permits. None of the registration. Scallop FMP; Amendment 10 to the proposed measures would apply A proposed rule that would Northeast Multispecies FMP; and retroactively. The measures would (1) implement the FMP amendments may Amendment 7 to the American Lobster allow a one-time vessel upgrade/ be published in the Federal Register for FMP. These amendments implement replacement allowance of 10 percent in public comment, following NMFS’ regulations to achieve regulatory size (length overall, gross registered evaulation of the proposed rule under consistency on vessel permitting for tons, and net tons, or 20 percent in the procedures of the Magnuson-Stevens FMPs that have limited access permits horsepower for all limited access Fishery Conservation and Management issued by NMFS Northeast Region. The permits except American lobster (an Act. Public comments on the proposed proposed regulations are intended to engine horsepower increase may be rule must be received by the end of the facilitate transactions such as buying, performed separately from a vessel size comment period on the FMP selling, or upgrading commercial fishing increase); (2) require that the fishing and amendments in order to be considered vessels issued limited access permits. permit history of a vessel and the in the approval/disapproval decision on Consistency on these regulations is replacement vessel be owned by the the FMP amendments. All comments especially important for vessels that same person when transferring limited received by December 14, 1998, whether have limited access permits in more access permits to replacement vessels; specifically directed to the FMP than one fishery in the Northeast (3) allow voluntary replacement of amendments or the proposed rule, will Region. vessels, regardless of vessel condition; be considered in the approval/ DATES: Public comments must be (4) require that the fishing and permit disapproval decision. Comments received on or before December 14, history of a vessel transfer with the received after that date will not be 1998. vessel whenever it is bought, sold, or considered in the approval/disapproval ADDRESSES: Comments on this proposed otherwise transferred, unless there is a decision on the FMP amendment. rule should be sent to Jon C. Rittgers, written agreement between the buyer Authority: 16 U.S.C. 1801 et seq. Acting Regional Administrator, 1 and seller, or other credible written Dated: October 8, 1998. Blackburn Drive, Gloucester, MA 01930. evidence, verifying that the seller is Mark the outside of the envelope, retaining the vessel’s fishing and permit Bruce C. Morehead, ‘‘Comments on Proposed Rule for history for purposes of replacing the Acting Director, Office of Sustainable Permit Consistency.’’ vessel; (5) set the effective date of these Fisheries, National Marine Fisheries Service. Copies of these amendments, the amendments as the vessel baseline [FR Doc. 98–27637 Filed 10–14–98; 8:45 am] regulatory impact review, and the specification date for FMPs without BILLING CODE 3510±22±F 55359

Notices Federal Register Vol. 63, No. 199

Thursday, October 15, 1998

This section of the FEDERAL REGISTER Connecticut and Rhode Island, U.S. Rights Commission Amendments Act of contains documents other than rules or Department of Agriculture. 1994, Section 3, Public Law 103–419, proposed rules that are applicable to the ACTION: Notice of availability of 108 Stat. 4338, as amended, and 45 CFR public. Notices of hearings and investigations, committee meetings, agency decisions and proposed changes in Section IV of the 702.3., that a public hearing before the rulings, delegations of authority, filing of FOTG of the NRCS in Connecticut and U.S. Commission on Civil Rights will petitions and applications and agency Rhode Island for review and comment. commence on Thursday, November 12 statements of organization and functions are through Friday, November 13, 1998, SUMMARY: examples of documents appearing in this It is the intention of the NRCS beginning daily at 8:00 a.m., in the in Connecticut and Rhode Island to section. Washington Room, at the Washington issue revised conservation practice Plaza Hotel, 10 Thomas Circle, N.W., standards: Riparian Forest Buffer (Code Washington, D.C. 20005. The purpose of DEPARTMENT OF AGRICULTURE 391A), Riparian Herbaceous Buffer (Code 759), Restoration and the hearing is to collect information Forest Service Management of Natural Ecosystems within the jurisdiction of the (Code 766). Commission, under 45 CFR 702.2, Northwest Sacramento Provincial related particularly to discrimination DATES: Advisory Committee (PAC) Comments will be received until November 16, 1998. against qualified individuals with a disability in regard to either FOR FURTHER INFORMATION CONTACT: AGENCY: Forest Service, USDA. employment or the delivery of services, Inquire in writing to Margo L. Wallace, ACTION: programs or activities of state and local Notice of meeting. State Conservationist, Natural Resources Conservation Service (NRCS), 16 government under Title I and Title II, SUMMARY: The Northwest Sacramento Professional Park Road, Storrs, Subtitle A of the Americans With Provincial Advisory Committee (PAC) Connecticut 06268–1299. Copies of the Disabilities Act. will meet on October 9, 1998, at the practice standards will be made The Commission is authorized to hold BLM Conference Room, 355 Hemstead, available upon written request. hearings and to issue subpoenas for the Redding, California. The meeting will production of documents and the begin at 9:00 am and adjourn at 5:00 SUPPLEMENTARY INFORMATION: Section pm. Agenda items include: (1) PAC 343 of the Federal Agriculture attendance of witnesses pursuant to 45 Recombination Proposal; (2) Pit River Improvement and Reform Act of 1996 CFR 701.2(c). The Commission is an Hydroelectric (FERC) Relicensing states that revisions made after independent bipartisan, fact finding Project; (3) Clear Creek Watershed— enactment of the law to NRCS State agency authorized to study, collect, and update on grant proposals (CalFed and Technical Guides used to carry out disseminate information, and to EPA); and (4) Public Communication highly erodible land and wetland appraise the laws and policies of the Team Proposal. All PAC meetings are provisions of the law shall be made Federal Government, and to study and open to the public. Interested citizens available for public review and collect information with respect to are encouraged to attend. comment. For the next 30 days the discrimination or denials of equal NRCS in Connecticut and Rhode Island protection of the laws under the FOR FURTHER INFORMATION CONTACT: will receive comments relative to the Constitution because of race, color, Connie Hendryx, USDA, Klamath proposed changes. Following that religion, sex, age, disability, or national National Forest, 1312 Fairlane Road, period a determination will be made by origin, or in the administration of the NRCS in Connecticut and Rhode Yreka, California 96097; telephone 530– justice. 841–4468. Island regarding deposition of those Hearing impaired persons who will Dated: October 8, 1998. comments and a final determination of change will be made. attend the hearing and require the Patrick G. Pontes, services of a sign language interpreter, Acting Forest Supervisor. Dated: September 28, 1998. Margo L. Wallace, should contact Betty Edmiston, [FR Doc. 98–27642 Filed 10–14–98; 8:45 am] Administrative Services and BILLING CODE 3410±11±M State Conservationist, Natural Resources Conservation Service. Clearinghouse Division at (202) 376– [FR Doc. 98–27589 Filed 10–14–98; 8:45 am] 8105 (TDD (202) 376–8116), at least five (5) working days before the scheduled DEPARTMENT OF AGRICULTURE BILLING CODE 3410±16±U date of the hearing.

Natural Resources Conservation FOR FURTHER INFORMATION CONTACT: Service COMMISSION ON CIVIL RIGHTS Barbara Brooks, Press and Communications (202) 376–8312. Notice of Proposed Change to Section Hearing on the Americans With IV of the Field Office Technical Guide Disabilities Act Dated: October 9, 1998. (FOTG) of the Natural Resources Stephanie Y. Moore, Conservation Service in Connecticut AGENCY: Commission on Civil Rights. General Counsel. and Rhode Island ACTION: Notice of hearing. [FR Doc. 98–27675 Filed 10–9–98; 2:34 pm] AGENCY: Natural Resources SUMMARY: Notice is hereby given BILLING CODE 6335±01±M Conservation Service (NRCS) in pursuant to the provisions of the Civil 55360 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

DEPARTMENT OF COMMERCE 1647, Federal Building 3, Washington, 8:45 a.m. and end at 4 p.m., includes: DC 20233, telephone 301–457–2308, (1) A discussion of Preliminary Data on Bureau of the Census TDD 301–457–2540. Race and Hispanic Origin from Dress SUPPLEMENTARY INFORMATION: The Rehearsal; (2) Tabulation Guidelines for Census Advisory Committees on the agenda for the November 5 combined Race and Ethnic Data: a discussion with African American Population, the meeting, which will begin at 8:30 a.m. Office of Management and Budget and American Indian and Alaska Native and end at 5 p.m., will include representatives from other federal Populations, the Asian and Pacific discussions on: (1) The Dress Rehearsal agencies; (3) Discussion on Advertising Islander Populations, and the Hispanic procedures and operation and Campaign and Partnership Activities; Population evaluation; (2) Committee members’ (4) public comment; (5) Advisory AGENCY: Bureau of the Census, observations of Dress Rehearsal; and (3) Committee discussion; and (6) Commerce. Census 2000, particularly the Language Committee recommendations. On November 6, the four committees ACTION: Notice of public meeting. Program. The four committees will meet will meet separately and concurrently in SUMMARY: Pursuant to the Federal separately and concurrently in the the afternoon. The Joint Committee will Advisory Committee Act (P.L. 92–463 as morning and in the afternoon. The Joint break for these concurrent meetings. amended by Public Law 94–409, Public Committee meeting will break for the Each of the four Committees (African Law 96–523, and Public Law 97–375), concurrent meetings. The following are American Population, American Indian we are giving notice of a joint meeting, items that will be included in the and Alaska Native Populations, Asian followed by separate and concurrently November 5 agendas for the four and Pacific Islander Populations, and held meetings of the Census Advisory committees. Hispanic Population) will address draft Committees (CACs) on the African The agenda for the CAC on the recommendations. American Population, the American African American Population will All meetings are open to the public, Indian and Alaska Native Populations, include: (1) The review of Committee and a brief period is set aside on the Asian and Pacific Islander recommendations and responses; (2) an November 6 for public comment and Populations, and the Hispanic update on constituency building; (3) the questions. Individuals with extensive Population. census information centers update; (4) questions or statements must submit The CACs on the African American, models in excellence update; (5) them in writing to the Committee American Indian and Alaska Native, Committee members’ reports from the Liaison Officer named above at least and Hispanic Populations are comprised Regional meetings on advertising; (6) three days before the meeting. of 9 members each, and the Asian and Language Program; and (7) review topics These meetings are physically Pacific Islander is comprised of 13 for next day discussions. accessible to people with disabilities. members. The Secretary of Commerce The agenda for the CAC on the Requests for sign language appoints the members. The Committees American Indian and Alaska Native interpretation or other auxiliary aids provide a channel of communication Populations will include: (1) The review should be directed to the Committee between the representative communities of Committee recommendations and Liaison Officer. and the Bureau of the Census on its responses; (2) ‘‘Indian Page’’ on Census Dated: October 8, 1998. efforts to reduce the differential in the Web site; (3) an update on statistical James F. Holmes, count for Census 2000 and on ways that estimation issues; (4) Committee Acting Director, Bureau of the Census. census data can be disseminated to members’ reports from the regional [FR Doc. 98–27595 Filed 10–14–98; 8:45 am] maximum usefulness to their meetings on advertising; (5) Language BILLING CODE 3510±07±U communities and other users. Program; and (6) a review of topics for The Committees will draw on past next-day discussions. experience with the 1990 census The agenda for the CAC on the Asian DEPARTMENT OF COMMERCE process and procedures, results of and Pacific Islander Populations will evaluations and research studies, and include: (1) Review of Committee Bureau of the Census the expertise and insight of their recommendations and responses; (2) an members to provide advice and update on Hawaiian homelands; (3) the Census Advisory Committee on the recommendations for the amended charter and subcommittees; (4) American Indian and Alaska Native implementation and evaluation phases Language Program; (5) the census Populations of Census 2000. information centers updates; (6) a AGENCY: Bureau of the Census, DATES: The joint meeting will convene review of topics for next-day Commerce. on November 5–6, 1998. The November discussions; (7) Committee members’ ACTION: Notice of public meeting. 5 meeting will begin at 8:30 a.m. and reports from the regional meetings on end at 5 p.m; the November 6 meeting advertising; and (8) data products. SUMMARY: Pursuant to the Federal will begin at 8:45 a.m. and end at 4 p.m. The agenda for the CAC on the Advisory Committee Act (Pub. L. 92– Last-minute changes to the schedule are Hispanic Population will include: (1) A 463 as amended by Public Law 94–409, possible, which could prevent us from review of Committee recommendations Public Law 96–523, and Public Law 97– giving advance notice. and responses; (2) an update on 375), we are giving notice of a meeting ADDRESSES: The meeting will take place constituency building; (3) Language of the Census Advisory Committee on in the Francis Amasa Walker Program; (4) diversity in the work force; the American Indian and Alaska Native Conference Center at the Bureau of the (5) Committee members’ reports from Populations. Census, Federal Building 3, 4700 Silver the regional meetings on advertising; (6) The Committee is composed of nine Hill Road, Suitland, MD 20746. the census information centers updates; members appointed by the Secretary of FOR FURTHER INFORMATION CONTACT: and (7) a review of topics for next-day Commerce. The Committee provides a Maxine Anderson-Brown, Committee discussions. channel of communication between the Liaison Officer, Department of The agenda for the November 6 representative communities and the Commerce, Bureau of the Census, Room combined meeting, which will begin at Bureau of the Census on its efforts to Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55361 reduce the differential in the population DEPARTMENT OF COMMERCE meetings of these Committees and of totals from Census 2000 and on ways any Subcommittees thereof, dealing that the decennial census data can be Bureau of Export Administration with the classified materials listed in 5 disseminated to maximize usefulness to U.S.C. 552(c)(1) shall be exempt from Information Systems Technical their communities and other users. the provisions relating to public Advisory Committee; Notice of meetings found in section 10(a)(1) and The Committee will draw on past Partially Closed Meeting (a)(3), of the Federal Advisory experience with the 1990 census Committee Act. The remaining series of process and procedures, results of The Information Systems Technical Advisory Committee (ISTAC) will meet meetings or portions thereof will be evaluations and research studies, and open to the public. the expertise and insight of its members on October 27 and 28, 1998, 9:00 a.m., Room 1617M-2, in the Herbert C. A copy of the Notice of Determination to provide advice and recommendations Hoover Building, 14th Street between to close meetings or portions of for the implementation and evaluation Constitution and Pennsylvania meetings of these Committees is phases of Census 2000. Avenues, NW, Washington, DC. This available for public inspection and copying in the Central Reference and DATES: The meeting will convene on Committee advises the Office of the Assistant Secretary for Export Records Inspection Facility, Room 6020, November 4, 1998. The meeting will U.S. Department of Commerce, begin at 12 noon and end at 5:15 p.m. Administration on technical questions that affect the level of export controls Washington, DC. For further Last-minute changes to the schedule are information or copies of the minutes applicable to information systems possible, which could prevent us from call Lee Ann Carpenter, 202-482-2583. giving advance notice. equipment and technology. Dated: October 8, 1998. ADDRESSES: The meeting will take place October 27 Lee Ann Carpenter, in the Francis Amasa Walker General Session 9:00 am–11:00 am Committee Liaison Officer. Conference Center at the Bureau of the 1. Opening remarks by the Chairman. [FR Doc. 98–27730 Filed 10–14–98; 8:45 am] Census, Federal Building 3, 4700 Silver 2. Discussion on General Accounting BILLING CODE 3510±33±M Hill Road, Suitland, MD 20746. Office reports on High Performance FOR FURTHER INFORMATION CONTACT: Computing. 3. Discussion of Composite DEPARTMENT OF COMMERCE Maxine Anderson-Brown, Committee Theoretical Performance Liaison Officer, Department of recommendations for electronic International Trade Administration Commerce, Bureau of the Census, Room subassemblies (chips) and High 1647, Federal Building 3, Washington, Antidumping and Countervailing Duty Performance Computing. Proceedings: Assessment of DC 20233, telephone 301–457–2308, 4. Comments or presentations by the Antidumping Duties TDD 301–457–2540. public. AGENCY: SUPPLEMENTARY INFORMATION: The October 27 and 28: International Trade agenda for the November 4 meeting, Administration/Import Administration, Closed Session which will begin at 12 noon and Department of Commerce. adjourn at 5:15 p.m., will focus on 5. Discussion of matters properly ACTION: Notice and request for comment updates and plans related to the classified under Executive Order 12958, on policy concerning assessment of enumeration of the American Indian dealing with U.S. export control antidumping duties and request for and Alaska Native Populations, programs and strategic criteria related comment. particularly in American Indian and thereto. The General Session of the meeting is SUMMARY: The Department of Commerce Alaska Native areas. open to the public and a limited number (the Department) has observed that there The meeting is open to the public, of seats will be available. Reservations is confusion among parties importing and a brief period is set aside, during are not required. To the extent time merchandise into the United States the closing session, for public comment permits, members of the public may subject to an antidumping duty order and questions. Those persons with present oral statements to the about the application of the extensive questions or statements must Committee. The public may submit Department’s regulation on automatic submit them in writing to the Census written statments at any time before or liquidation where a reseller has been Bureau Committee Liaison Officer after the meeting. However, to facilitate involved in the chain of commerce for named above at least three days before distribution of public presentation merchandise. This notice clarifies the the meeting. materials to Committee members, the Department’s interpretation of its automatic-liquidation regulation and This meeting is physically accessible Committee sugguests that public presentation materials or comments be requests public comment before it to people with disabilities. Requests for forwarded before the meeting to the adopts a final interpretation. sign language interpretation or other address listed below: Ms. Lee Ann FOR FURTHER INFORMATION CONTACT: Joan auxiliary aids should be directed to the Carpenter, Advisory Committees MS: L. MacKenzie, Senior Attorney, Office of Census Bureau Committee Liaison 3886C, U.S. Department of Commerce, the Chief Counsel for Import Officer. 15th St. & Pennsylvania Ave. NW., Administration, (202) 482–1310, or Dated: October 8, 1998. Washinton, DC 20230. Laurie Parkhill, Director, Office 3, James F. Holmes, The Assistant Secretary for Import Administration, (202) 482–4733. Administration, with the concurrence of SUPPLEMENTARY INFORMATION: This Acting Director, Bureau of the Census. the delegate of the General Counsel, notice proposes to clarify the [FR Doc. 98–27594 Filed 10–14–98; 8:45 am] formaly determined on October 3, 1997, Department’s regulation on automatic BILLING CODE 3510±07±U pursuant to section 10(d) of the Federal liquidation at 19 CFR 351.212(c). At Advisory Committee Act, as amended, issue is whether a producer’s company- that the series of meetings or portions of specific cash deposit rate can serve as 55362 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices the basis for automatic liquidation chain that knew, at the time the After notice and opportunity for under section 351.212(c) where an merchandise was sold, that the comment, the Department calculates intermediary (e.g., a reseller, a trading merchandise was destined for the final dumping margins. If the company, an exporter) exports the United States. See, e.g., Stainless Steel International Trade Commission makes merchandise and where the entries are Sheet and Strip Products from the a final affirmative determination that suspended at the producer’s cash- Federal Republic of Germany, 48 FR the dumping is causing injury to the deposit rate. This notice uses the term 20459, 20460 (1983); Small Business U.S. industry, the Department publishes ‘‘reseller’’ to apply to any intermediary Telephone Systems and Subassemblies an antidumping duty order and that could be an interested party as from Korea, 54 FR 53141, 53147–48 instructs the Customs Service to defined in section 771(9)(A) of the Tariff (1989); Oil County Tubular Goods from continue to collect a cash deposit at the Act of 1930, as amended (the Act). Canada, 55 FR 50739, 50740 (1990); time the merchandise subject to the order enters the United States; bonds are Summary of Proposed Clarification Chrome-Plated Lug Nuts from Taiwan, 56 FR 36130 (1991); Antifriction no longer an option for importers to post As discussed in detail below, the Bearings (Except Tapered Roller as security (19 CFR 351.211). Department’s position is that automatic Bearings) and Parts Thereof from Japan, The Department instructs Customs to liquidation at the cash deposit rate 56 FR 31754, 31756 (1991); Television apply any reseller’s company-specific required at the time of entry can only Receivers from Japan, 58 FR 11211, cash deposit rate to entries of apply to a reseller if no administrative 11216 (1993). If dumping is occurring, merchandise sold by that reseller. If review has been requested, either of the the company that sets the price of the there is no company-specific reseller reseller or of any producer of the merchandise sold in the United States is cash deposit rate and the importer merchandise the reseller exported to the responsible for the dumping, and any identifies the producer, the Department United States, and the reseller does not company-specific assessment rate must instructs Customs to apply the have its own cash deposit rate. If the reflect that company’s sales prices to the producer’s cash deposit rate to the Department conducts a review of a United States. entry. This logic stems from the fact producer of the reseller’s merchandise The existence of dumping is initially that, when subject merchandise enters where entries of the merchandise were determined in a less-than-fair-value the United States through a reseller, the suspended at the producer’s rate, investigation. The Department Department does not know who set the automatic liquidation will not apply to investigates all producers, where price of the subject merchandise to the the reseller’s sales. If, in the course of United States. The Department instructs practicable (19 CFR 351.204(c)). It also an administrative review, the Customs to apply the producer’s cash investigates other foreign interested Department determines that the deposit rate where the producer of the parties, if there are resources to do so, producer knew that the merchandise it merchandise is identified on the although it is seldom possible to sold to the reseller was destined for the assumption that the producer knew that investigate resellers in an antidumping United States, the reseller’s the merchandise was destined for the investigation (19 CFR 351.204(d)). If the merchandise will be liquidated at the United States. This assumption is more Department makes a preliminary producer’s assessment rate which the often true than not. Subject merchandise affirmative determination that dumping Department calculates for the producer sold through a reseller and imported is occurring, it calculates company- in the review. If, on the other hand, the where there is no company-specific specific weighted-average dumping Department determines in the reseller rate or where the importer did margins for investigated companies (19 administrative review that the producer not identify the producer of the CFR 351.204(c)). These dumping did not know that the merchandise it merchandise is subject to the all-others margins are estimates of dumping sold to the reseller was destined for the cash deposit rate. activity. The Department also calculates United States, the reseller’s After the passage of a year from the an ‘‘all-others’’ dumping margin, which merchandise will not be liquidated at month the antidumping duty order was is the simple average of the calculated the assessment rate the Department published (called the anniversary company-specific margins. This rate determines for the producer or month) and annually thereafter, applies to entries of merchandise from automatically at the rate required as a interested parties must decide whether producers and exporters for which the deposit at the time of entry. In that to ask the Department to conduct an Department has not established a situation, the entries of merchandise administrative review of sales for the company-specific rate. from the reseller during the period of past year under section 751(a)(1) of the review will be liquidated at the all- The Department publishes a notice in Act. Reasons for such requests will vary; others rate if there was no company- the Federal Register of its preliminary generally, a party will request a review specific review of the reseller for that determination and orders the U.S. of a producer or of an exporter with its review period. Customs Service to collect a bond or own rate because the party believes the cash deposit at the time the actual dumping liability is higher or Effective Date merchandise subject to the investigation lower than the cash deposit. Parties may The Department proposes that this enters the United States (19 CFR decide to request a review of a reseller clarification apply to all entries for 351.205(d)). The bond/cash deposits which does not have its own rate which the anniversary date for serve as security for the final amount of because they believe the actual dumping requesting an administrative review is dumping liability. The estimated liability is higher or lower than the cash on or after the date of publication of a dumping margins the Department deposit or, if the producer which final notice on this issue. determines in the investigation set the supplied the reseller is reviewed, the bond/cash deposit rate; in other words, all-others rate. Discussion the producer’s company-specific During the anniversary month, a The longstanding principle behind dumping margin which the Department domestic interested party or an the Department’s assessment policy is determines is the bond/cash deposit rate interested party described in section that company-specific assessment rates for merchandise produced by that 771(9)(B) of the Act may request in must be based on the sales information producer and imported into the United writing that the Secretary conduct an of the first company in the commercial States. administrative review of specified Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55363 individual exporters or producers the time of the sale were destined for similar issue arose in litigation covered by an order if the requesting the United States as its U.S. sales. At the involving televisions from Japan (ABC person states why the person desires the conclusion of the review the International v. United States, 19 C.I.T. Secretary to review those particular Department instructs Customs to assess 787 (1995)). In this case ABC imported exporters or producers (19 CFR antidumping duties at the producer’s televisions from Japan, identifying the 351.213). During the same month, an company-specific (or, as applicable, producers as Sharp, Toshiba, and JVC. exporter or producer covered by an customer-specific) assessment rate The cash deposit rates for merchandise order may request that the Secretary which the Department determined in produced by these producers were zero conduct an administrative review of conducting the review. at the time of entry. Because the only that person. Also during the The producer will report sales of the importer identified the producer at the anniversary month, an importer of the subject merchandise for which it did not time of entry, the Department required merchandise may request that the know the destination of the the importer to deposit estimated Secretary conduct an administrative merchandise as foreign market sales. antidumping duties at the producer’s These may include sales to resellers of review of only an exporter or producer cash deposit rate. The Department then merchandise that ultimately came to the of the subject merchandise which that conducted an administrative review of United States without the producer’s importer imported into the United the producers. Liquidation of ABC’s States. knowledge where the entries of the If no interested party requests a merchandise were suspended at the entries was suspended during the review of a producer’s sales, automatic producer’s cash deposit rate. Because conduct of the review, since the liquidation applies to entries of the producer did not set the price to the producers identified at the time of entry merchandise exported by that producer United States for these sales, these were subject to review. The review (19 CFR 351.212(b)). Because no review entries of this merchandise will not be resulted in margins for the producers has been requested, there is no reason assessed final antidumping duties at the that ranged from 20 to 40 percent, and to continue to suspend liquidation of producer’s rate at the conclusion of the the Department ordered liquidation of the entries. The producer’s cash deposit review. The rate instead will be based all entries of merchandise produced by rate at the time of entry serves as the on the interested party in the chain of these firms (including ABC’s entries) at assessment rate for the entries during commerce that actually set the price to the producers’ rates determined in the that period. Likewise, entries of a the United States. If the Department did administrative review. ABC did not producer’s merchandise sold to the not conduct a review of that party, participate in the review. United States by a reseller will be however, there is no company-specific After the entries were liquidated, ABC liquidated at the producer’s cash rate applicable to these entries. In the sued the Department, alleging that its deposit rate (if there is no company- absence of a company-specific rate, the entries should have been liquidated specific rate for the reseller at the time Department will base the assessment automatically at the zero cash deposit of entry and no review of the reseller or rate on the ‘‘all-others’’ rate. rate because its entries were not the producer has been requested). Confusion has arisen because of the reviewed. The Department took the Department’s practice of assigning the Because no review has been requested position that, because the review was producer’s cash deposit rate to resellers’ for either the producer or the reseller, closed and because ABC did not either no one is challenging the assumption, merchandise that identifies the participate in the review of the which the Department made when it producer at the time of entry. Resellers producers or request a review of the assigned the producer’s cash deposit have asserted that, if the Department exporter/reseller, it was foreclosed from rate to the entries from the reseller, that determined during the review that the the producer set the price of the producer did not set the price of the raising the issue in a protest. The CIT merchandise which the reseller sold to reseller’s merchandise to the United upheld the Department, noting that the United States. States, entries of such merchandise are automatic liquidation applies only If, however, an interested party subject to automatic liquidation at the where there was no review of the requests the Department to conduct a rate required at the time of entry reseller or the producer of the reseller’s review of the producer’s sales, the because no one requested a review of merchandise. review applies to all sales of the the reseller. This is inconsistent with The Department recognizes that this producer, including any sales to the Department’s assessment policy, policy will increase the need of resellers resellers of the producer’s merchandise, however, that company-specific to participate in the Department’s unless the reseller had its own assessment rates must be based on the proceedings. If a reseller believes that company-specific rate at the time of sales information of the first company in the producer is not setting the price to entry and the producer did not know the commercial chain that knew, at the the United States, it should participate that the sales to the reseller were time the merchandise was sold, that the in the administrative review on this destined for the United States. In merchandise was destined for the issue. The only way that reseller or conducting the review the Department United States. Since the evidence in the exporter can have its own company- will determine whether the producer or record of the administrative review specific rate is to have an administrative the reseller set the price of the shows that the producer did not set the review of its own. merchandise to the United States, based price of those sales, the assessment of on evidence submitted on the record of duties on merchandise exported by the The Department invites comments on the review. resellers cannot be based on the this clarification. Written comments are During the course of any producer’s rate. As no review of the due October 30, 1998. Address written administrative review, the Department reseller’s sales was conducted, there is comments to Robert S. LaRussa, sends questionnaires to the foreign no company-specific data on which to Assistant Secretary for Import companies for which reviews have been base a company-specific reseller rate. Administration, Dockets Center, Room initiated, seeking extensive information Therefore, the only appropriate 1870, Pennsylvania Avenue and 14th on the companies’ sales to the United assessment rate is the all-others rate. Street , N.W., Washington, D.C. 20230. States and foreign market sales. A This practice has been upheld by the Attention: Laurie Parkhill, Comment on company reports sales that it knew at Court of International Trade (CIT). A Automatic Liquidation. 55364 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Dated: October 8, 1998. Antidumping Agreement also provide preliminary determination, as long as Robert S. LaRussa, for critical circumstances decisions these two base periods are used. Assistant Secretary for Import prior to a preliminary determination of However, section 351.206(i) further Administration. dumping. Consequently, Commerce is provides that: revising its critical circumstances [FR Doc. 98–27729 Filed 10–14–98; 8:45 am] ** * if the Secretary finds that importers, or practice to more fully utilize the BILLING CODE 3510±DS±P exporters or producers, had reason to believe, flexibility provided by the statute and at some time prior to the beginning of the the Antidumping Agreement so that proceeding, that a proceeding was likely, DEPARTMENT OF COMMERCE dumping is remedied to the fullest then the Secretary may consider a period of extent provided under the law. Under not less than three months from that earlier International Trade Administration this new practice, a preliminary time. determination regarding critical Change in Policy Regarding Timing of circumstances may be made prior to the Therefore, if the facts of a particular Issuance of Critical Circumstances preliminary determination of dumping, Determinations case show that importers, exporters or assuming adequate evidence of critical producers had reason to believe that a AGENCY: Import Administration, circumstances is available. case was likely to be filed, the International Trade Administration, Section 733(e) of the Act directs regulations make clear that earlier base Department of Commerce. Commerce to issue critical periods can be used to measure massive circumstances determinations imports. If earlier base periods are SUMMARY: The Department of Commerce ‘‘promptly (at any time after the chosen, in accordance with this (‘‘the Department’’) has revised its initiation of the investigation under this regulatory provision, and a comparison policy regarding the timing of issuance subtitle)’’ as long as an allegation is of critical circumstances made in the petition or at any time more of these periods shows massive imports, determinations. We are now announcing than 20 days before the final the Secretary would still need to find this change in policy. determination. While there is no further that there has been a history of dumping DATES: This policy is effective October guidance in the statute, the regulations and injury, or importer knowledge of 7, 1998 with respect to all ongoing and provide that preliminary critical dumping and likely injury, in order to future investigations. circumstances findings shall be made make a critical circumstances finding. As with current practice, the FOR FURTHER INFORMATION CONTACT: ‘‘not later than the preliminary Department would look at such factors Bernard Carreau, Import determination,’’ if the allegation is Administration, International Trade submitted at least 20 days before the as past U.S. dumping cases, cases in Administration, U.S. Department of preliminary determination, and ‘‘within other countries, the International Trade Commerce, 14th Street and Constitution 30 days after the petitioner submits the Commission’s (ITC) preliminary Avenue, N.W., Washington D.C. 20230; allegation,’’ if the allegation is determination, information supplied in telephone: (202) 482–1780. submitted later than 20 days before the the petition, and other relevant preliminary determination. 19 CFR information available at the time of the SUPPLEMENTARY INFORMATION: 351.206(c). Department’s critical circumstances Policy Bulletin 98/4: Timing of Issuance In order to make a preliminary finding determination. Because the ITC’s of Critical Circumstances of critical circumstances, section 733(e) preliminary determination of injury is Determinations of the Act requires that there be a normally important for this analysis, we reasonable basis to believe or suspect anticipate that the earliest point at Statement of Issue that: which a critical circumstances Whether Commerce should make a 1. There is a history of dumping determination would be made is shortly determination of critical circumstances causing material injury, or, that the after the ITC’s preliminary injury before issuing a preliminary importer knew or should have known of determination, which normally occurs determination in an antidumping dumping and likely injury; and 45 days after the filing of the petition. investigation. 2. There have been massive imports of the subject merchandise over a Statement of Policy Analysis relatively short period. If the facts of a case show that Where critical circumstances exist, The regulations define ‘‘massive importers, exporters, or producers had U.S. law and the WTO Agreement on imports’’ as an increase of 15 percent knowledge that a case was likely to be Implementation of Article VI of the during the relatively short period. 19 filed, and the other statutory and General Agreement on Tariffs and Trade CFR 351.206(h) The regulations define regulatory criteria for finding critical 1994 (the Antidumping Agreement) ‘‘relatively short period’’ as normally circumstances are met, Commerce provide for the imposition of the three-month period after initiation should issue its preliminary finding on antidumping measures retroactively for of an investigation. 19 CFR § 351.206(i) critical circumstances before the a period of 90 days prior to the Thus, Commerce has traditionally preliminary determination of dumping. compared the three-month period preliminary determination, and as soon The purpose of this provision is to immediately after initiation with the as possible after initiation. ensure that the statutory remedy is not three-month period immediately Implementation undermined by massive imports preceding initiation to determine following initiation of an investigation. whether there has been at least a 15 This practice will be implemented in Section 733(e) of the Tariff Act of 1930, percent increase in imports of the all ongoing and future cases where an as amended (the Act), permits the subject merchandise. Because of allegation of critical circumstances is Department to make a preliminary constraints on the availability of data, as made and the facts of the case support critical circumstances determination at a practical matter, it is virtually an early critical circumstances finding, any time after initiation of an impossible to make a critical in accordance with the statutory and investigation. Changes in the circumstances finding much before the regulatory criteria. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55365

Dated: October 8, 1998. and similar activities occur, there is the IV. Request for Comments Robert S. LaRussa, potential that right whales may be Comments are invited on: (a) Whether Assistant Secretary for Import disturbed or their behavior otherwise the proposed collection of information Administration. altered, or that they may be injured or is necessary for the proper performance [FR Doc. 98–27667 Filed 10–14–98; 8:45 am] killed. In addition to disturbances of the functions of the agency, including BILLING CODE 3510±DS±P caused by vessel movement or noise, whether the information shall have vessels may affect right whales practical utility; (b) the accuracy of the indirectly. For example, feeding agency’s estimate of the burden DEPARTMENT OF COMMERCE behavior may be interrupted or affected (including hours and cost) of the as a result of a vessel breaking up dense proposed collection of information; (c) National Oceanic and Atmospheric surface zooplankton patches in certain Administration ways to enhance the quality, utility, and feeding areas. The National Marine clarity of the information to be Report of Right Whale Sighting; Fisheries Service (NMFS) issued collected; and (d) ways to minimize the Proposed Collection; Comment regulations that prohibit all approaches burden of the collection of information Request within 500 yards (460m), whether by on respondents, including through the vessel, aircraft or other means, and use of automated collection techniques SUMMARY: The Department of requires whale avoidance measures or other forms of information Commerce, as part of its continuing under specified circumstances. technology. effort to reduce paperwork and Similarly, NMFS has recognized that Comments submitted in response to respondent burden, invites the general approaches to marine mammals by this notice will be summarized and/or public and other Federal agencies to aircraft below certain altitudes has the included in the request for OMB take this opportunity to comment on potential to harass marine mammals and approval of this information collection; proposed and/or continuing information has imposed restrictions on these types they also will become a matter of public collections, as required by the of approaches as conditions in various record. Paperwork Reduction Act of 1995, permits. If a right whale is positively Dated: October 8, 1998. Public Law 104–13 (44 U.S.C. identified, lookouts and/or vessel Linda Engelmeier, 3506(c)(2)(A)). operators are encouraged to report the Departmental Forms Clearance Officer, Office DATES: Written comments must be right whale sighting and location to the of the Chief Information Officer. U.S. Coast Guard or other appropriate submitted on or before December 14, [FR Doc. 98–27592 Filed 10–14–98; 8:45 am] 1998. port authority, and request assistance if BILLING CODE 3510±22±P ADDRESSES: Direct all written comments appropriate. Knowledge of the location to Linda Engelmeier, Departmental of right whales may help prevent Forms Clearance Officer, Department of collisions and allow vessels to DEPARTMENT OF COMMERCE Commerce, Room 5327, 14th and implement appropriate whale avoidance Constitution Avenue, NW, Washington measures. National Oceanic and Atmospheric DC 20230. II. Method of Collection Administration FOR FURTHER INFORMATION CONTACT: If a right whale is positively identified Requests for additional information or Intent To Prepare a Supplemental and observed near a port, in a channel, copies of the information collection Environmental Impact Statement and in an established shipping lane, or in instrument(s) and instructions should Notice of Scoping Meetings for the other areas with a high concentration of Proposed Tortugas Ecological Reserve be directed to Greg Silber, Office of shipping activity, a vessel operator is in the Florida Keys National Marine Protected Resources, National Marine encouraged to report the sighting to the Sanctuary Fisheries Service, 1315 East-West U.S. Coast Guard or other appropriate Highway, Silver Spring, Maryland AGENCY: Department of Commerce port authority, and request assistance, if 20910; (phone 301–713–2322 or fax (DOC), National Oceanic and appropriate. Instructions from the Coast 301–713–4060). Atmospheric Administration (NOAA), Guard or other port authority may SUPPLEMENTARY INFORMATION: National Ocean Service (NOS), Office of require a collection of information. For Ocean and Coastal Resource I. Abstract example, the Coast Guard may require a Management (OCRM), Sanctuaries and vessel operator to respond on channel The Marine Mammal Protection Act Reserves Division (SRD). 16 of VHF radio. mandates the protection and ACTION: Notice of intent; Notice of conservation of marine mammals and III. Data scoping meetings. makes the killing or serious injury of OMB Number: 0648–0322. SUMMARY: SRD has initiated the process marine mammals a violation of the Act. Form Number: N/A. The northern right whale (Eubalaena Type of Review: Regular submission. to establish an Ecological Reserve glacialis) has been recognized as the Affected Public: Business or other for- within the Florida Keys National Marine world’s most endangered large whale profit; individuals, not-for profit Sanctuary (FKNMS or Sanctuary) west species. Vessel interactions are institutions; Federal government; and of the Dry Tortugas National Park. The identified as one of the major threats state, local, or tribal governments (vessel Sanctuary intends to prepare a facing these whales especially collisions operators). Supplemental Environmental Impact with and disturbances from, vessels. Estimated Number of Respondents: Statement (SEIS) and hold scoping Human interactions with right whales 30. meetings to receive public input. are a very serious problem for right Estimated Time Per Response: 15 DATES AND ADDRESSES: Interested parties whales in the western North Atlantic. In minutes. are invited to submit written comments particular, where human activities Estimated Total Annual Burden by December 17, 1998, to assure full coincide with the distribution of right Hours: 8. consideration during the scoping whales off the east coast of the United Estimated Total Annual Cost to process. Written comments may be sent States, especially where vessel traffic Public: $0. to Billy D. Causey, Superintendent, 55366 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Florid Key National Marine Sanctuary, Management Plan, NOAA had proposed avoid these effects. NMFS announces Post Office Box 500368, Marathon, an additional ER in the Tortugas area two public scoping meetings to discuss Florida 33050. Comments will be within the Sanctuary but deferred the the fisheries’ potential impact on Steller available for public review at the process to establish a boundary or sea lions and on their critical habitat Florida Keys National Marine Sanctuary regulations for the Tortugas ER until and possible mechanisms for office at 5550 Overseas Highway in after implementation of the Final implementing any necessary reasonable Marathon during normal business Management Plan. This process, and prudent alternatives. hours. estimated to take approximately two DATES: The meetings are scheduled as Scoping meetings are being held as years and referred to as ‘‘Tortugas follows: follows: 2000,’’ will include coordination with 1. October 23, 1998, 9:00 a.m. to 5:00 October 27, 1998: 2–5 p.m.— the National Park Service, fishing p.m., Seattle, WA Washington D.C., Department of representatives, scientists, and others. Commerce Main Auditorium, 14th There will also be extensive opportunity 2. October 26, 1998, 9:00 a.m. to 5:00 Street and Constitution Avenue. for public input. p.m., Anchorage, AK October 29: 3–8 p.m.—Ft. Myers This notice announces NOAA’s intent ADDRESSES: The meetings will be held at Convention Center. to prepare a Supplemental the following locations: November 9: 3–8 p.m.—Key West Environmental Impact Statement and 1. Seattle—Alaska Fisheries Science Holiday Inn Beachside. hold scoping meetings on the proposed Center, (Room 2039, Building 4), 7600 November 10: 3–8 p.m.—Marathon High project. Formal scoping meetings are Sand Point Way, NE, Seattle, WA 98115 School. scheduled as detailed above. The public 2. Anchorage—Anchorage Federal November 17: 3–8 p.m.—Miami, is invited to attend the scoping meetings Building, (Room 154), 222 West 7th location to be determined and to provide oral or written comments. Avenue, Anchorage, AK 99513 announced through local media Interested persons may also submit outlets. wirtten comments to the address above. To request special accommodations, FOR FURTHER INFORMATION CONTACT: contact Ursula Jorgenson, Protected (Federal Domestic Assistance Catalog Resources, Alaska Region, NMFS, P.O. Billy D. Causey at (305) 743–2437 ext. Number 11.429 Marine Sanctuary Program) 26. Box 21668, Juneau, AK 99802, 907–586– Dated: October 8, 1998. 7235. SUPPLEMENTARY INFORMATION: The John Oliver, FOR FURTHER INFORMATION CONTACT: Tim Florida Keys National Marine Sanctuary Policy, Management, and Information Officer was designated by an act of Congress National Ocean Service. Ragen, 907–586–7248. entitled the Florida Keys National FR Doc. 98–27643 Filed 10–14–98; 8:45 am] SUPPLEMENTARY INFORMATION: Pollock Marine Sanctuary and Protection Act BILLING CODE 3510±08±M fishing in the Gulf of Alaska and Bering (FKNMSPA, Pub. L. 101–605) which Sea/Aleutian Islands region may affect was signed into law on November 16, the status and trends of the endangered 1990. The Sanctuary was designated to DEPARTMENT OF COMMERCE western population of Steller sea lions protect the 2800 square nautical mile or its critical habitat and may impede ecosystem surrounding the Florida National Oceanic and Atmospheric the recovery and conservation of this Keys, including the third largest barrier Administration population. If NMFS determines that the reef system in the world. A Final pollock fisheries jeopardize the [I.D. 100698C] Management Plan and Environmental continued existence of this population Impact Statement for the Sanctuary was Fisheries of the Exclusive Economic or adversely modify its critical habitat, issued in 1996 and final regulations to Zone Off Alaska; Public Scoping then reasonable and prudent implement the plan went into effect in Meeting; Avoiding Interactions alternatives will be required. NMFS has July 1997. Between Steller Sea Lions and Pollock scheduled the scoping meetings The Final Management Plan and Fisheries in the Gulf of Alaska and specified to provide the public an regulations established one Ecological Bering Sea/Aleutian Islands Region opportunity to discuss possible Reserve (ER) in the Middle Keys interactions between the fisheries and (Western Sambo Ecological Reserve). An AGENCY: National Marine Fisheries sea lions and measures to avoid such ER is defined as an area of the Sanctuary Service (NMFS), National Oceanic and interactions. consisting of contiguous, diverse Atmospheric Administration (NOAA), Special Accommodations habitats, within which uses are subject Department of Commerce (DOC). to conditions, restrictions and ACTION: Notice of scoping meetings. The meetings are physically prohibitions, including access accessible to people with disabilities. restrictions, intended to minimize SUMMARY: Under the Endangered Requests for sign language human influences, to provide natural Species Act, section 7 consultations are interpretation or other auxiliary aids spawning, nursery, and permanent being conducted on the pollock fisheries should be directed to Ursula Jorgenson residence areas for the replenishment in the Gulf of Alaska and Bering Sea/ at the NMFS Regional Office at least 5 and genetic protection of marine life, Aleutian Islands region and their days prior to the hearing date (see and also to protect and preserve natural potential effect(s) on the endangered ADDRESSES). assemblages of habitats and species western population of Steller sea lions Authority: 16 U.S.C. et seq. within areas representing a broad and on their critical habitat. If the diversity of resources and habitats consultations result in a determination Dated: October 7, 1998. found within the Sanctuary (15 CFR that the pollock fisheries jeopardize the Bruce C. Morehead, 922.162). Consumptive uses such as survival and recovery of the western Acting Director, Office of Sustainable removing, taking or damaging coral, fish population or adversely modify their Fisheries, National Marine Fisheries Service. or seagrass are prohibited in an ER. critical habitat, then reasonable and [FR Doc. 98–27587 Filed 10–8–98; 4:59 pm] During the development of the Draft prudent alternatives will be required to BILLING CODE 3510±22±F Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55367

DEPARTMENT OF COMMERCE encouraged and, if mailed, should be I. Abstract received by October 30, 1998, (See The Patent and Trademark Office National Oceanic and Atmospheric ADDRESSES). Written comments can also (PTO) has the authority, under 35 USC Administration be submitted during the open sessions § 251, to reissue a patent to correct any [I.D. 100598A] of the Advisory Committee meeting. errors in the original patent which The Advisory Committee shall go into occurred ‘‘without any deceptive Advisory Committee to the U.S. executive session for the afternoon intention’’ on the part of the patentee. Section of the International session of November 2 and for the entire To obtain a reissue patent, the patentee Commission for the Conservation of November 3 session to discuss sensitive files a reissue application with the PTO. Atlantic Tunas (ICCAT) Fall Meeting information. The PTO reviews the application, and if AGENCY: National Marine Fisheries Special Accommodations it meets the statutory and regulatory Service (NMFS), National Oceanic and requirements for a reissue patent, the The meeting locations are physically PTO will reissue the patent as long as Atmospheric Administration (NOAA), accessible to people with disabilities. Commerce. the patentee surrenders the original Requests for sign language patent. One of these requirements is that ACTION: Notice of public meeting. interpretation or other auxiliary aids a reissue oath or declaration be included should be directed to Jonathon Krieger SUMMARY: The Advisory Committee to with the application. The PTO requires at (301) 713–2276 at least 5 days prior the patentee under 37 CFR 1.175 to the U.S. Section of ICCAT will hold its to the meeting date. annual fall meeting on November 1 include an explanation of why the through 3, 1998. Dated: October 8, 1998. errors being corrected by the reissue DATES: The open sessions will be held Bruce C. Morehead, occurred without any deceptive intent. on November 1, 1998, from 1 p.m. - 6 Deputy Office Director, Office of Sustainable As a result of this requirement, if any p.m. and November 2, 1998, from 8 a.m. Fisheries, National Marine Fisheries Service. additional changes are made during the - 1:00 p.m. Closed sessions will be held [FR Doc. 98–27681 Filed 10–14–98; 8:45 am] reissue application examination on November 2 from 2:15 p.m. - 6 p.m. BILLING CODE 3510±22±F process, the patentee has to submit a and on November 3 from 8 a.m. - 1 p.m. supplemental reissue oath or Written comments should be received declaration stating that the additional no later than October 30, 1998. DEPARTMENT OF COMMERCE errors also occurred without any deceptive intention. If the patentee does ADDRESSES: The meeting will be held at Patent and Trademark Office not submit a supplemental reissue oath the Holiday Inn, 8777 Georgia Avenue, or declaration, the examiner must reject Silver Spring, MD. Written comments Supplemental Declaration for Reissue the reissue application. See Changes to should be sent to Kim Blankenbeker, Patent Application (37 CFR 1.175) Patent Practice and Procedure; Final Executive Secretary to the Advisory (Proposed Addition to 0651±0033, Post Rule Notice, 62 FR 53131, 53165–66 Committee, NOAA-Fisheries/SF4, 1315 Allowance) (October 10, 1997), 1203 Off. Gaz. Pat. East-West Highway, Silver Spring, MD Office 63, 92 (October 21, 1997). 20910. ACTION: Proposed collection; comment request. The PTO requires under 37 CFR 1.175 FOR FURTHER INFORMATION CONTACT: that the patentee submit a supplemental Jonathon Krieger, (301) 713–2276. SUMMARY: The Department of Commerce oath or declaration which asserts only SUPPLEMENTARY INFORMATION: The (DOC), as part of its continuing effort to that any error corrected during Advisory Committee to the U.S. Section reduce paperwork and respondent examination of the reissue application, to ICCAT will meet in two open burden, invites the general public and which was not covered by the oath or sessions to consider information being other Federal agencies to comment on declaration filed originally, arose presented on stock status of highly the continuing and proposed without any deceptive intention on the migratory species and 1997 management information collection, as required by part of the applicant. Under 37 CFR recommendations of ICCAT’s Standing the Paperwork Reduction Act of 1995, 1.175 as recently amended, the patentee Committee on Research and Statistics Public Law 104–13 (44 U.S.C. no longer has to provide the details of (SCRS). Also in the open sessions, the 3506(c)(2)(A)). how those errors occurred without any Advisory Committee will review and DATES: Written comments must be deceptive intention. Specifically, when consider the results of the Committee’s submitted on or before December 14, changes are made during the reissue regional meetings, and implementation 1998. application examination process, the of 1997 and prior ICCAT recently amended 37 CFR 1.175(b) ADDRESSES: Direct all written comments recommendations and resolutions. requires only a supplemental oath or to Linda Engelmeier, Departmental Furthermore, the Committee will review declaration by the applicant stating that, Forms Clearance Officer, Department of highly migratory species research and ‘‘every error in the patent which was Commerce, Room 5327, 14th and management activities, including a corrected in the present reissue Constitution Avenue, NW, Washington, consultation on the Draft Fishery application, and which is not covered DC 20230. Management Plan for Highly Migratory by the prior oath(s)/declaration(s) Species, an overview of the status of FOR FURTHER INFORMATION CONTACT: submitted in this application, arose recommendations resulting from the Requests for additional information without any deceptive intention on the Advisory Committee’s 1998 Species should be directed to the attention of part of the applicant’’. Working Group Workshop, and the Robert J. Spar, Patent and Trademark The PTO believes that the Comprehensive Research and Office, Crystal Park 1—Suite 520, 2011 requirement for the supplemental oath Monitoring Plan for Highly Migratory Crystal Drive, Arlington, VA 22202, by or declaration is necessary because 35 Species. Both sessions will be open to telephone at (703) 308–5107 or by U.S.C. § 251 does not authorize the the public; however, the November 1 facsimile transmission to (703) 308– correction of any errors that occurred session will be the only opportunity for 6916. with deceptive intention. A public comment. Written comments are SUPPLEMENTARY INFORMATION: supplemental oath or declaration would 55368 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices prohibit patentees from trying to correct form does not replace Form PTO/SB/51, Type of Review: A proposed addition any errors that occurred with deceptive Reissue Application Declaration By The to a previously approved collection. intent in a reissue patent application Inventor or Form PTO/SB/52, Reissue Affected Public: Individuals or that was originally filed to correct, with Application Declaration By The households, businesses or other for- an oath or declaration that covers only Assignee, which are used by the profit, not-for-profit institutions, farms, those errors which occurred without patentee or assignee in the originally state, local or tribal governments, and any deception. The PTO believes that filed reissue patent application. The the Federal Government. the supplemental oath or declaration additional form, PTO/SB/51S, is used to Estimated Number of Respondents: will prohibit the patentee from provide the required statement that 350 responses per year. attempting to ‘‘piggyback’’ corrections of ‘‘every error in the patent which was Estimated Time Per Response: It is errors that occurred with deceptive corrected in the present reissue intent in a reissue originally filed to estimated to take approximately 1.8 application, and which is not covered minutes to complete the supplemental correct an error that occurred without by the prior oath(s)/declaration(s) deceptive intent. Errors that occurred declaration for a reissue patent submitted in this application, arose application under 37 CFR 1.175. with deceptive intent cannot be without any deceptive intention on the corrected by a reissue patent. part of the applicant’’. Estimated Total Annual Respondent Originally, the PTO did not provide a Burden Hours: 10.5 hours per year for form for a supplemental oath or II. Method of Collection the entire application. declaration because 37 CFR 1.175 By mail, facsimile, and hand-carry Estimated Total Annual Respondent required application-specific facts. Now when the patentee wishes to file a Cost Burden: $1,837.50 per year for the that 37 CFR 1.175(b) has been revised to reissue patent application. new requirement. It is estimated that the require only a general statement, the addition of the supplemental PTO has designed Form PTO/SB/51S, III. Data declaration to this information Supplemental Declaration for Reissue OMB Number: 0651–0033. collection will increase the total burden Patent Application (37 CFR 1.175). This Form Number: PTO/SB/51S. cost to $6,129,912.50

Estimated time Estimated an- Estimated an- Title of form Form Nos. for response nual burden nual re- (mins.) hours sponses

Supplemental Declaration For Reissue Patent Application (37 CFR 1.175) ..... PTO/SB/51S 1.8 10.5 350

Totals ...... 10.5 350

Annual Burden Hours: 43,893 COMMITTEE FOR THE The current limits for Categories 433 previous +10.5 additional = 43,903.50 IMPLEMENTATION OF TEXTILE and 435 are being increased for swing, total annual burden hours. AGREEMENTS reducing the limit for Categories 410/ 624 to account for the swing being IV. Request for Comments Adjustment of Import Limits for Certain applied. Comments are invited on: (a) Whether Wool and Man-Made Fiber Textile A description of the textile and the proposed collection of information Products Produced or Manufactured in apparel categories in terms of HTS is necessary for the proper performance Bulgaria numbers is available in the CORRELATION: Textile and Apparel of the functions of the agency, including October 8, 1998. whether the information shall have Categories with the Harmonized Tariff AGENCY: Committee for the practical utility; (b) the accuracy of the Schedule of the United States (see Implementation of Textile Agreements Federal Register notice 62 FR 66057, agency’s estimate of the burden (CITA). (including hours and cost) of the published on December 17, 1997). Also proposed collection of information; (c) ACTION: Issuing a directive to the see 62 FR 62564, published on ways to enhance the quality, utility, and Commissioner of Customs adjusting November 24, 1997. clarity of the information to be limits. D. Michael Hutchinson, collected; and (d) ways to minimize the Acting Chairman, Committee for the EFFECTIVE DATE: October 15, 1998. burden of the collection of information Implementation of Textile Agreements. on respondents, e.g., the use of FOR FURTHER INFORMATION CONTACT: Committee for the Implementation of Textile automated collection techniques or Naomi Freeman, International Trade Agreements other forms of information technology. Specialist, Office of Textiles and October 8, 1998. Apparel, U.S. Department of Commerce, Comments submitted in response to Commissioner of Customs, (202) 482–4212. For information on the Department of the Treasury, Washington, DC this notice will be summarized or quota status of these limits, refer to the included in the request for OMB 20229. Quota Status Reports posted on the Dear Commissioner: This directive approval of this information collection; bulletin boards of each Customs port or they will also become a matter of public amends, but does not cancel, the directive call (202) 927–5850. For information on issued to you on November 19, 1997, by the record. embargoes and quota re-openings, call Chairman, Committee for the Implementation Dated: October 8, 1998. (202) 482–3715. of Textile Agreements. That directive Linda Engelmeier, concerns imports of certain wool and man- SUPPLEMENTARY INFORMATION: made fiber textile products, produced or Departmental Forms Clearance Officer, Office Authority: Section 204 of the Agricultural manufactured in Bulgaria and exported of the Chief Information Officer. Act of 1956, as amended (7 U.S.C. 1854); during the twelve-month period which began [FR Doc. 98–27593 Filed 10–14–98; 8:45 am] Executive Order 11651 of March 3, 1972, as on January 1, 1998 and extends through BILLING CODE 3510±16±P amended. December 31, 1998. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55369

Effective on October 15, 1998, you are new textile export license/commercial green forms have a map of the People’s directed to adjust the current limits for the invoice, issued by the Government of Republic of China in the middle. following categories, as provided for in the the People’s Republic of China, for Products exported on and after February 1, agreement between the Governments of the shipments of goods produced or 1999 must be accompanied by an export visa United States and Bulgaria: issued by the Government of the People’s manufactured in China and exported Republic of China only on the jade green from China on and after January 1, 1999. license/invoice form. Category Adjusted twelve-month limit 1 The new license/invoice shall be The requirements for ELVIS (Electronic printed on jade green guilloche Visa Information System) remain unchanged. 410/624 ...... 2,401,543 square me- patterned background paper with the Shipments entered or withdrawn from ters of which not map of the People’s Republic of China warehouse according to this directive which more than 836,774 in the middle. The jade green form are not accompanied by an appropriate square meters shall replaces the light purple export license/ export visa shall be denied entry and a new be in Category 410. commercial invoice currently in use. visa must be obtained. 433 ...... 14,975 dozen. The Committee for the Implementation of 435 ...... 26,047 dozen. The visa stamp is not being changed at Textile Agreements has determined that this this time. action falls within the foreign affairs 1 The limits have not been adjusted to ac- Shipments of textile and apparel count for any imports exported after December exception to the rulemaking provisions of 5 31, 1997. products which are produced or U.S.C. 553(a)(1). manufactured in China and exported Sincerely, The Committee for the Implementation of from China during the period January 1, D. Michael Hutchinson, Textile Agreements has determined that 1999 through January 31, 1999 may be these actions fall within the foreign affairs Acting Chairman, Committee for the exception of the rulemaking provisions of 5 accompanied by a visa printed on either Implementation of Textile Agreements. U.S.C. 553(a)(1). the light purple background paper or the [FR Doc. 98–27714 Filed 10–14–98; 8:45 am] Sincerely, jade green background paper as BILLING CODE 3510±DR±F D. Michael Hutchinson, described above. Both the light purple Acting Chairman, Committee for the and the jade green forms have a map of Implementation of Textile Agreements. the People’s Republic of China in the COMMITTEE FOR THE [FR Doc. 98–27713 Filed 10–14–98; 8:45 am] middle. IMPLEMENTATION OF TEXTILE See 62 FR 15465, published on April AGREEMENTS BILLING CODE 3510±DR±F 1, 1997. D. Michael Hutchinson, Adjustment of Import Limits for Certain COMMITTEE FOR THE Acting Chairman, Committee for the Cotton, Wool, Man-Made Fiber, Silk IMPLEMENTATION OF TEXTILE Implementation of Textile Agreements. Blend and Other Vegetable Fiber Textile Products Produced or AGREEMENTS Committee for the Implementation of Textile Agreements Manufactured in Korea Amendment of Export Visa October 8, 1998. October 8, 1998. Requirements for Certain Cotton, Commissioner of Customs, AGENCY: Committee for the Wool, Man-Made Fiber, Silk Blend and Department of the Treasury, Washington, DC Implementation of Textile Agreements Other Vegetable Fiber Textiles and 20229. (CITA). Textile Products Produced or Dear Commissioner: This directive Manufactured in the People's Republic ACTION: Issuing a directive to the amends, but does not cancel, the directive Commissioner of Customs adjusting of China issued to you on March 27, 1997, by the Chairman, Committee for the Implementation limits. October 8, 1998. of Textile Agreements. That directive EFFECTIVE DATE: AGENCY: Committee for the establishes an export visa arrangement for October 15, 1998. Implementation of Textile Agreements certain cotton, wool, man-made fiber, silk FOR FURTHER INFORMATION CONTACT: Ross (CITA). blend, and other vegetable fiber textiles and Arnold, International Trade Specialist, ACTION: Issuing a directive to the textile products, produced or manufactured Office of Textiles and Apparel, U.S. Commissioner of Customs providing for in the People’s Republic of China. Department of Commerce, (202) 482– Effective on January 1, 1999, for products 4212. For information on the quota the use of a new textile export license/ exported from China on or after January 1, commercial invoice printed on jade status of these limits, refer to the Quota 1999, you are directed to amend the March Status Reports posted on the bulletin green guilloche patterned background 27, 1997 directive to provide for the use of paper. export licenses/commercial invoices issued boards of each Customs port or call by the Government of the People’s Republic (202) 927–5850. For information on EFFECTIVE DATE: January 1, 1999. of China which are printed on jade green embargoes and quota re-openings, call FOR FURTHER INFORMATION CONTACT: guilloche patterned background paper with a (202) 482–3715. map of the People’s Republic of China in the Janet Heinzen, International Trade SUPPLEMENTARY INFORMATION: Specialist, Office of Textiles and middle. The jade green form will replace the light purple form currently being used. Authority: Section 204 of the Agricultural Apparel, U.S. Department of Commerce, Act of 1956, as amended (7 U.S.C. 1854); (202) 482–4212. To facilitate implementation of this amendment to the export licensing system, Executive Order 11651 of March 3, 1972, as SUPPLEMENTARY INFORMATION: you are directed to permit entry of textile amended. Authority: Section 204 of the Agricultural products, produced or manufactured in The current limits for certain Act of 1956, as amended (7 U.S.C. 1854); China and exported from China during the categories are being adjusted, variously, Executive Order 11651 of March 3, 1972, as period January 1, 1999 through January 31, for swing, special swing, carryover, amended. 1999, for which the Government of the People’s Republic of China has issued an carryforward and recrediting unused The Governments of the United States export license/commercial invoice printed on carryforward. and the People’s Republic of China have either the light purple background paper or In accordance with the special swing agreed to amend the existing export visa the jade green background paper as described provision contained in the exchange of requirements to provide for the use of a above. Both the light purple and the jade notes dated April 2 and 8, 1997 between 55370 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices the Governments of the United States 5 Category 469pt.: all HTS numbers except and Korea, 157,000 square meters 5601.29.0020, 5603.94.1010 and 6406.10.9020. 1 equivalent is being charged to the 1998 Category Adjusted limit 6 Category 669±P: only HTS numbers Group II limit. 6305.32.0010, 6305.32.0020, 6305.33.0010, A description of the textile and Group II 6305.33.0020 and 6305.39.0000. 9 apparel categories in terms of HTS 237, 239pt. , 331± 569,855,239 square 7 Category 669pt.: all HTS numbers except numbers is available in the 348, 350±352, meters equivalent. 6305.32.0010, 6305.32.0020, 6305.33.0010, 359±H 10, 6305.33.0020, 6305.39.0000 (Category 669± CORRELATION: Textile and Apparel 359pt. 11, 431, P); 5601.10.2000, 5601.22.0090, Categories with the Harmonized Tariff 433±438, 440± 5607.49.3000, 5607.50.4000 and Schedule of the United States (see 448, 459±W 12, 6406.10.9040. Federal Register notice 62 FR 66057, 459pt. 13, 631, 8 Category 670±O: all HTS numbers except 4202.12.8030, 4202.12.8070, 4202.92.3020, published on December 17, 1997). Also 633±652, 659± 14 15 4202.92.3031, 4202.92.9026 and see 62 FR 67833, published on H , 659±S 6307.90.9907 (Category 670±L). 16 December 30, 1997. and 659pt. , as 9 Category 239pt.: only HTS number a group. D. Michael Hutchinson, 6209.20.5040 (diapers). Sublevels within 10 Category 359±H: only HTS numbers Acting Chairman, Committee for the Group II 6505.90.1540 and 6505.90.2060. Implementation of Textile Agreements. 333/334/335 ...... 302,839 dozen of 11 Category 359pt.: all HTS numbers except Committee for the Implementation of Textile which not more than 6505.90.1540, 6505.20.2060 (Category 359± Agreements 154,785 dozen shall H); and 6406.99.1550. be in Category 335. 12 Category 459±W: only HTS number October 8, 1998. 336 ...... 65,204 dozen. 6505.90.4090. Commissioner of Customs, 341 ...... 224,756 dozen. 13 Category 459pt.: all HTS numbers except 6505.90.4090 (Category 459±W); Department of the Treasury, Washington, DC 345 ...... 135,599 dozen. 20229. 6405.20.6030, 6405.20.6060, 6405.20.6090, 351/651 ...... 258,076 dozen. 6405.99.1505 and 6406.99.1560. Dear Commissioner: This directive 352 ...... 200,826 dozen. 14 Category 659±H: only HTS numbers amends, but does not cancel, the directive 433 ...... 15,258 dozen. 6502.00.9030, 6504.00.9015, 6504.00.9060, issued to you on December 22, 1997, by the 434 ...... 7,646 dozen. 6505.90.5090, 6505.90.6090, 6505.90.7090 Chairman, Committee for the Implementation 436 ...... 16,107 dozen. and 6505.90.8090. of Textile Agreements. That directive 438 ...... 63,381 dozen. 15 Category 659±S: only HTS numbers concerns imports of certain cotton, wool, 442 ...... 54,935 dozen. 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, man-made fiber, silk blend and other 444 ...... 60,137 numbers. vegetable fiber textiles and textile products, 6211.11.1010, 6211.11.1020, 6211.12.1010 445/446 ...... 57,244 dozen. and 6211.12.1020. produced or manufactured in Korea and 447 ...... 93,650 dozen. 16 Category 659pt.: all HTS numbers except exported during the period beginning January 448 ...... 39,533 dozen. 6502.00.9030, 6504.00.9015, 6504.00.9060, 1, 1998 and extending through December 31, 631 ...... 339,095 dozen pairs. 6505.90.5090, 6505.90.6090, 6505.90.7090 1998. 636 ...... 299,773 dozen. and 6505.90.8090 (Category 659±H); Effective on October 15, 1998, you are 6112.31.0010, 6112.31.0020, 6112.41.0010, 638/639 ...... 5,501,175 dozen. directed to adjust the limits for the following 6112.41.0020, 6112.41.0030, 6112.41.0040, 640±O 17 ...... 2,639,962 dozen. categories, as provided for under the Uruguay 6211.11.1010, 6211.11.1020, 6211.12.1010 641 ...... 1,099,987 dozen of Round Agreement on Textiles and Clothing: and 6211.12.1020 (Category 659±S); which not more than 6406.99.1510 and 6406.99.1540. 42,585 dozen shall 17 Category 640±O: all HTS numbers except be in Category 641± 6205.30.2010, 6205.30.2020, 6205.30.2030, Y 18. 6205.30.2040, 6205.90.3030 and Category Adjusted limit 1 647/648 ...... 1,328,742 dozen. 6205.90.4030 (Category 640±D). 18 650 ...... 27,490 dozen. Category 641±Y: only HTS numbers 6204.23.0050, 6204.29.2030, 6206.40.3010 Group I 659±H ...... 1,434,249 kilograms. 2 and 6206.40.3025. 200±223, 224±V , 408,535,685 square 659±S ...... 202,169 kilograms. 3 224±O , 225, meters equivalent. Sublevel within In accordance with exchange of notes 226, 227, 300± Group III dated April 2 and April 8, 1997 between the 326, 360±363, 835 ...... 31,390 dozen. Governments of the United States and Korea, 369pt. 4, 400± for products exported in 1998, you are 414, 464, 1 The limits have not been adjusted to ac- 469pt. 5, 600± count for any imports exported after December directed to charge 157,000 square meters 629, 666, 669± 31, 1997. equivalent to the Group II limit. P 6, 669pt. 7, and 2 Category 224±V: only HTS numbers The Committee for the Implementation of 8 5801.21.0000, 5801.23.0000, 5801.24.0000, 670±O , as a Textile Agreements has determined that group. 5801.25.0010, 5801.25.0020, 5801.26.0010, 5801.26.0020, 5801.31.0000, 5801.33.0000, these actions fall within the foreign affairs Sublevel within 5801.34.0000, 5801.35.0010, 5801.35.0020, exception of the rulemaking provisions of 5 Group I 5801.36.0010 and 5801.36.0020. U.S.C. 553(a)(1). 200 ...... 525,669 kilograms. 3 Category 224±O: all remaining HTS num- 201 ...... 2,159,623 kilograms. bers in Category 224. Sincerely, 611 ...... 4,187,410 square me- 4 Category 369pt.: all HTS numbers except D. Michael Hutchinson, ters. 4202.12.4000, 4202.12.8020, 4202.12.8060, 4202.92.1500, 4202.92.3016, 4202.92.6091, Acting Chairman, Committee for the 619/620 ...... 103,021,570 square Implementation of Textile Agreements. meters. 6307.90.9905, (Category 369±L); 5601.10.1000, 5601.21.0090, 5701.90.1020, [FR Doc. 98–27715 Filed 10–14–98; 8:45 am] 624 ...... 9,006,760 square me- 5701.90.2020, 5702.10.9020, 5702.39.2010, ters. 5702.49.1020, 5702.49.1080, 5702.59.1000, BILLING CODE 3510±DR±F 625/626/627/628/629 17,387,720 square 5702.99.1010, 5702.99.1090, 5705.00.2020 meters. and 6406.10.7700. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55371

COMMITTEE FOR THE following categories, as provided for under below, CITA directs the Commissioner IMPLEMENTATION OF TEXTILE the terms of the current bilateral textile to prohibit entry of products under the AGREEMENTS agreement between the Governments of the Special Access Program by or on behalf United States and Nepal: of Ezrasons, Inc. during the period Adjustment of Import Limits for Certain October 12, 1998 through January 11, Category Adjusted twelve-month Cotton and Man-Made Fiber Textile limit 1 1999, and to prohibit entry by or on Products Produced or Manufactured in behalf of Ezrasons, Inc. under the Nepal 340 ...... 426,232 dozen. Program of products manufactured from 341 ...... 1,119,659 dozen. fabric exported from the United States October 8, 1998. 347/348 ...... 891,488 dozen. during that period. AGENCY: Committee for the 363 ...... 7,303,400 numbers. Requirements for participation in the 2 Implementation of Textile Agreements 369±S ...... 982,620 kilograms. Special Access Program are available in (CITA). 641 ...... 327,584 dozen. Federal Register notice 63 FR 16474, ACTION: Issuing a directive to the 1 The limits have not been adjusted to ac- published on April 3, 1998. Commissioner of Customs adjusting count for any imports exported after December D. Michael Hutchinson, limits. 31, 1997. 2 Category 369±S: only HTS number Acting Chairman, Committee for the EFFECTIVE DATE: October 15, 1998. 6307.10.2005. Implementation of Textile Agreements. FOR FURTHER INFORMATION CONTACT: The Committee for the Implementation of Committee for the Implementation of Textile Janet Heinzen, International Trade Textile Agreements has determined that Agreements Specialist, Office of Textiles and these actions fall within the foreign affairs October 8, 1998. exception of the rulemaking provisions of 5 Apparel, U.S. Department of Commerce, Commissioner of Customs, U.S.C. 553(a)(1). (202) 482–4212. For information on the Department of the Treasury, Washington, DC Sincerely, quota status of these limits, refer to the 20229. D. Michael Hutchinson, Quota Status Reports posted on the Dear Commissioner: The purpose of this bulletin boards of each Customs port or Acting Chairman, Committee for the directive is to notify you that the Committee call (202) 927–5850. For information on Implementation of Textile Agreements. for the Implementation of Textile Agreements embargoes and quota re-openings, call [FR Doc. 98–27716 Filed 10–14–98; 8:45 am] has suspended Ezrasons, Inc. from (202) 482–3715. BILLING CODE 3510±DR±F participation in the Special Access Program for the period October 12, 1998 through SUPPLEMENTARY INFORMATION: January 11, 1999. You are therefore directed Authority: Section 204 of the Agricultural COMMITTEE FOR THE to prohibit entry of products under the Act of 1956, as amended (7 U.S.C. 1854); IMPLEMENTATION OF TEXTILE Special Access Program by or on behalf of Executive Order 11651 of March 3, 1972, as AGREEMENTS Ezrasons, Inc. during the period October 12, amended. 1998 through January 11, 1999. You are Denial of Participation in the Special further directed to prohibit entry of products The current limits for certain under the Special Access Program by or on categories are being adjusted, variously, Access Program behalf of Ezrasons, Inc. manufactured from for swing and carryover. October 8, 1998. fabric exported from the United States during A description of the textile and the period October 12, 1998 through January apparel categories in terms of HTS AGENCY: Committee for the 11, 1999. numbers is available in the Implementation of Textile Agreements Sincerely, CORRELATION: Textile and Apparel (CITA). D. Michael Hutchinson, Categories with the Harmonized Tariff ACTION: Issuing a directive to the Acting Chairman, Committee for the Schedule of the United States (see Commissioner of Customs suspending Implementation of Textile Agreements. Federal Register notice 62 FR 66057, participation in the Special Access [FR Doc. 98–27712 Filed 10–14–98; 8:45 am] published on December 17, 1997). Also Program. BILLING CODE 3510±DR±M see 62 FR 60828, published on EFFECTIVE DATE: October 12, 1998. November 13, 1997. FOR FURTHER INFORMATION CONTACT: Lori D. Michael Hutchinson, DEPARTMENT OF DEFENSE E. Mennitt, International Trade Acting Chairman, Committee for the Specialist, Office of Textiles and Implementation of Textile Agreements. Office of the Secretary Apparel, U.S. Department of Commerce, Committee for the Implementation of Textile (202) 482–3400. List of Institutes of Higher Education Agreements SUPPLEMENTARY INFORMATION: Ineligible for Federal Funds October 8, 1998. Commissioner of Customs, Authority: Section 204 of the Agricultural AGENCY: Department of Defense. Act of 1956, as amended (7 U.S.C. 1854); Department of the Treasury, Washington, DC ACTION: Notice. 20229. Executive Order 11651 of March 3, 1972, as amended. Dear Commissioner: This directive SUMMARY: This document is published amends, but does not cancel, the directive The Committee for the to identify institutions of higher issued to you on November 6, 1997, by the Implementation of Textile Agreements education that are ineligible for Chairman, Committee for the Implementation (CITA) has determined that Ezrasons, contracts and grants by reason of a of Textile Agreements. That directive Inc. has violated the requirements for determination by the Secretary of concerns imports of certain cotton and man- participation in the Special Access Defense that the institution prevents made fiber textile products, produced or Program, and has suspended Ezrasons, military recruiter access to the campus manufactured in Nepal and exported during the twelve-month period which began on Inc. from participation in the Program or students or maintains a policy against January 1, 1998 and extends through for the period beginning October 12, ROTC. It also implements the December 31, 1998. 1998 and ending January 11, 1999. requirements set forth in the Omnibus Effective on October 15, 1998, you are Through the letter to the Consolidated Applications Act of 1997 directed to adjust the current limits for the Commissioner of Customs published and 32 CFR part 216. 55372 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Currently, no institution of higher DEPARTMENT OF DEFENSE amended, published in its entirety. The education is ineligible for contracts of proposed amendments are not within grants under the aforementioned law Department of the Air Force the purview of subsection (r) of the and policy. Privacy Act of 1974, (5 U.S.C. 552a), as HQ USAF Scientific Advisory Board amended, which requires the ADDRESSES: Director for Accession Meeting submission of a new or altered system Policy, Office of the Assistant Secretary report. of Defense for Force Management The S&T Special Programs Meeting in support of the HQ USAF Scientific Dated: October 9, 1998. Policy, 4000 Defense Pentagon, Advisory Board will meet at Wright Washington, DC 20301–4000. Patterson Air Force Base, OH on L.M. Bynum, FOR FURTHER INFORMATION CONTACT: December 9–11, 1998 from 8:00 a.m. to Alternate OSD Federal Register Liaison William J. Carr, (703) 697–8444. 5:00 p.m. Officer, Department of Defense. The purpose of the meeting is to A0600±20 NGB SUPPLEMENTARY INFORMATION: On April review the quality of the Air Force S 8, 1997 (62 FR 16691), the Department and T Programs. SYSTEM NAME: of Defense published 32 CFR part 216 as The meeting will be closed to the an interim rule. This rule requires that Equal Opportunity Investigative Files public in accordance with Section 552b (February 22, 1993, 58 FR 10002). the Department of Defense semi- of Title 5, United States Code, annually publish a list of the specifically subparagraphs (1) and (4) CHANGES: institutions of higher education thereof. * * * * * ineligible for Federal funds due to a For further information, contact the policy or practice that either prohibits, HQ USAF Scientific Advisory Board SYSTEM LOCATION: or in effect prevents, the Secretary of Secretariat at (703) 697–8404. Delete entry and replace with Defense from obtaining, for military Barbara A. Carmichael, ‘National Guard Bureau, Directorate for recruiting purposes, entry to campuses, Alternate Air Force Federal Register Liaison Equal Opportunity, 4501 Ford Avenue, access to students on campuses, access Officer. Suite 380, Alexandria, VA 22302–1454.’ to directory information on students or [FR Doc. 98–27633 Filed 10–14–98; 8:45 am] CATEGORIES OF INDIVIDUALS COVERED BY THE that has an anti-ROTC policy. BILLING CODE 3910±01±P SYSTEM: Dated: October 8, 1998. Delete entry and replace with L.M. Bynum, DEPARTMENT OF DEFENSE ‘National Guard applicants for Alternate OSD Federal Register Liaison technician employment, technicians, Officer, Department of Defense. Department of the Army and military members who file [FR Doc. 98–27648 Filed 10–14–98; 8:45 am] complaints of discrimination or who are BILLING CODE 5000±04±M Privacy Act of 1974; System of involved in such complaints.’ Records * * * * * AGENCY: Department of the Army, DoD. DEPARTMENT OF DEFENSE AUTHORITY FOR MAINTENANCE OF THE SYSTEM: ACTION: Notice to amend system of Delete entry and replace with ‘10 Department of the Air Force records. U.S.C 3013; 32 U.S.C 32; DoD Directive SUMMARY: The Department of the Army 1350.2, DoD Military Equal Opportunity HQ USAF Scientific Advisory Board is amending a system of records notice Meeting (MEO) Program; Army Regulation 600- in its existing inventory of record 20, Army Command Policy; and E.O. systems subject to the Privacy Act of The Command & Control C–2 9397 (SSN).’ 1974, (5 U.S.C. 552a), as amended. * * * * * Advisory Panel Meeting in support of DATES: This proposed action will be the HQ USAF Scientific Advisory Board effective without further notice on ROUTINE USES OF RECORDS MAINTAINED IN THE will meet at Langley Air Force Base, VA November 16, 1998, unless comments SYSTEM, INCLUDING CATEGORIES OF USERS AND on December 2–3, 1998 from 8:00 a.m. are received which result in a contrary THE PURPOSES OF SUCH USES: to 5:00 p.m. determination. Delete second paragraph. The purpose of the meeting is to ADDRESSES: Privacy Act Officer, Records * * * * * provide advice to the Aerospace Management Program Division, U.S. Command & Control Agency. Total Army Personnel Command, RETENTION AND DISPOSAL: ATTN: TAPC-PDR-P, Stop C55, Ft. The meeting will be closed to the Delete entry and replace with ‘Destroy Belvoir, VA 22060–5576. public in accordance with Section 552b after 4 years.’ FOR FURTHER INFORMATION CONTACT: Ms. * * * * * of Title 5, United States Code, Janice Thornton at (703) 806–4390 or specifically subparagraphs (1) and (4) DSN 656–4390. A0600±20 NGB thereof. SUPPLEMENTARY INFORMATION: The For further information, contact the Department of the Army systems of SYSTEM NAME: HQ USAF Scientific Advisory Board records notices subject to the Privacy Equal Opportunity Investigative Files Secretariat at (703) 697–8404. Act of 1974, (5 U.S.C. 552a), as (February 22, 1993, 58 FR 10002). Barbara A. Carmichael, amended, have been published in the Federal Register and are available from SYSTEM LOCATION: Alternate Air Force Federal Register Liaison Officer. the address above. National Guard Bureau, Directorate The specific changes to the record for Equal Opportunity, 4501 Ford [FR Doc. 98–27632 Filed 10–14–98; 8:45 am] system being amended are set forth Avenue, Suite 380, Alexandria, VA BILLING CODE 3910±01±P below followed by the notice, as 22302–1454. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55373

CATEGORIES OF INDIVIDUALS COVERED BY THE Avenue, Suite 380, Alexandria, VA (Pub.L. 103-159). Specifically, these are SYSTEM: 22302–1454. individuals who have been convicted in National Guard applicants for any court of a misdemeanor crime of NOTIFICATION PROCEDURE: technician employment, technicians, domestic violence. Individuals seeking to determine if and military members who file DATES: The alteration will be effective complaints of discrimination or who are information about themselves is without further notice on November 16, involved in such complaints. contained in this record system should 1998, unless comments are received that address written inquiries to the National would result in a contrary CATEGORIES OF RECORDS IN THE SYSTEM: Guard Bureau, Directorate for Equal determination. Formal complaints of discrimination; Opportunity, 4501 Ford Avenue, Suite ADDRESSES: Send comments to the counselors’ reports; notification letters 380, Alexandria, VA 22302-1454. Privacy Act Officer, Defense Logistics to the complainant; affidavits from For verification purposes, individual Agency, ATTN: CAAR, 8725 John J. complainant and/or witnesses; should provide the full name, current Kingman Road, Suite 2533, Fort Belvoir, investigative reports; hearings address and telephone number, VA 22060–6221. transcript; examiner’s findings, sufficient details concerning the FOR FURTHER INFORMATION CONTACT: recommendations; decisional complaint to facilitate locating the Ms. documents; and similar relevant record, and signature. Susan Salus at (703) 767–6183. records. SUPPLEMENTARY INFORMATION: The RECORD ACCESS PROCEDURES: Defense Logistics Agency notices for AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Individuals seeking access to records systems of records subject to the Privacy 10 U.S.C 3013; 32 U.S.C 32; DoD about themselves contained in this Act of 1974 (5 U.S.C. 552a), as amended, Directive 1350.2, DoD Military Equal record system should address written have been published in the Federal Opportunity (MEO) Program; Army inquiries to the Office of National Guard Register and are available from the Regulation 600-20, Army Command Bureau, Directorate for Equal address above. Policy; and E.O. 9397 (SSN). Opportunity, 4501 Ford Avenue, Suite The alteration adds a new category of 380, Alexandria, VA 22302–1454. individuals who are prohibited from PURPOSE(S): For verification purposes, individual receiving or possessing firearms under To investigate and resolve complaints should provide the full name, current the Brady Handgun Violence Prevention of discrimination, provide facts to the address and telephone number, Act (Pub.L. 103-159). Specifically, these Adjutant General of a State for issuing sufficient details concerning the are individuals who have been a proposed disposition to a complaint to facilitate locating the convicted in any court of a complainant. record, and signature. misdemeanor crime of domestic ROUTINE USES OF RECORDS MAINTAINED IN THE CONTESTING RECORD PROCEDURES: violence. The specific change to the SYSTEM, INCLUDING CATEGORIES OF USERS AND The Army’s rules for accessing record system being altered is set forth THE PURPOSES OF SUCH USES: records, and for contesting contents and below followed by the notice, as altered, In addition to those disclosures appealing initial agency determinations published in its entirety. generally permitted under 5 U.S.C. are contained in Army Regulation 340– An altered system report, as required 552a(b) of the Privacy Act, these records 21; 32 CFR part 505; or may be obtained by 5 U.S.C. 552a(r) of the Privacy Act or information contained therein may from the system manager. was submitted on September 28, 1998, specifically be disclosed outside the to the House Committee on Government RECORD SOURCE CATEGORIES: DoD as a routine use pursuant to 5 Reform and Oversight, the Senate U.S.C. 552a(b)(3) as follows: From the individual, investigative Committee on Governmental Affairs, The ‘Blanket Routine Uses’ set forth at reports, witness statements, Army and the Office of Management and the beginning of the Army’s compilation records and reports. Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A– of systems of records notices also apply EXEMPTIONS CLAIMED FOR THE SYSTEM: to this system. 130, ‘Federal Agency Responsibilities None. for Maintaining Records About POLICIES AND PRACTICES FOR STORING, [FR Doc. 98–27651 Filed 10–14–98; 8:45 am] Individuals,’ dated February 8, 1996 RETRIEVING, ACCESSING, RETAINING, AND BILLING CODE 5000±04±F (February 20, 1996, 61 FR 6427). DISPOSING OF RECORDS IN THE SYSTEM: Dated: October 9, 1998. STORAGE: DEPARTMENT OF DEFENSE Paper records in file folders. L.M. Bynum, Defense Logistics Agency Alternate OSD Federal Register Liaison RETRIEVABILITY: Officer, Department of Defense. By name of complainant. Privacy Act of 1974; System of S322.15 DMDC Records SAFEGUARDS: SYSTEM NAME: Records are maintained in secured AGENCY: Defense Logistics Agency, DoD. rooms/cabinets accessible only to ACTION: Altering a system of records. Defense Incident-Based Reporting designated officials who have a need in System (DIBRS)(August 20, 1997, 62 FR the performance of assigned duties. SUMMARY: The Defense Logistics Agency 44264). proposes to alter a system of records RETENTION AND DISPOSAL: notice in its inventory of record systems CHANGES: Destroy after 4 years after final subject to the Privacy Act of 1974 (5 * * * * * resolution of case. U.S.C. 552a), as amended. The alteration adds a new category of individuals who CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM MANAGER(S) AND ADDRESS: are prohibited from receiving or SYSTEM: National Guard Bureau, Directorate possessing firearms under the Brady Add to the end of the entry ‘or have for Equal Opportunity, 4501 Ford Handgun Violence Prevention Act been convicted in any court of a 55374 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices misdemeanor crime of domestic a danger to themselves or others or to PURPOSE(S): violence.’ lack the mental capacity to contract or To provide a single central facility * * * * * manage their own affairs or are formally within the Department of Defense (DoD) committed by lawful authority to a which can serve as a repository of S322.15 DMDC mental hospital or like facility (Note: criminal and specified other non- SYSTEM NAME: includes those members found criminal incidents which will be used to Defense Incident-Based Reporting incompetent to stand trial or found not satisfy statutory and regulatory System (DIBRS). guilty by reason of lack of mental reporting requirements, specifically to responsibility pursuant to Articles 50a provide crime statistics required by the SYSTEM LOCATION: and 72b of the Uniform Code of Military Department of Justice (DoJ) under the Primary location: W.R. Church Justice); have been discharged from the Uniform Federal Crime Reporting Act; Computer Center, Naval Postgraduate Armed Services pursuant to either a to provide personal information School, Monterey, CA 93943–5000. dishonorable discharge or a dismissal required by the DoJ under the Brady Back-up files maintained in a bank adjudged by a general courts-martial; or Handgun Violence Prevention Act; and vault in Hermann Hall, Naval have been convicted in any court of a statistical information required by DoD Postgraduate School, Monterey, CA misdemeanor crime of domestic under the Victim’s Rights and 93943–5000. violence. Restitution Act; and to enhance DoD’s capability to analyze trends and to CATEGORIES OF INDIVIDUALS COVERED BY THE CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM: respond to executive, legislative, and Records compiled by law enforcement oversight requests for statistical crime Active duty military (includes Coast authorities (e.g., Defense Protective Guard) or civilian personnel who have data relating to criminal and other high- Service, military and civilian police, interest incidents. been apprehended or detained for military criminal investigation services criminal offenses which must be or commands); DoD organizations and ROUTINE USES OF RECORDS MAINTAINED IN THE reported to the Department of Justice military commands; Legal and judicial SYSTEM, INCLUDING CATEGORIES OF USERS AND pursuant to the Uniform Crime authority (e.g., Staff Judge Advocates, THE PURPOSES OF SUCH USES: Reporting Handbook as required by the courts-martial); and Correctional In addition to those disclosures Uniform Federal Crime Reporting Act. institutions and facilities (e.g., the generally permitted under 5 U.S.C. Active duty military (includes Coast United States Disciplinary Barracks) 552a(b) of the Privacy Act, these records Guard) personnel accused of criminal consisting of personal data on or information contained therein may be offenses punishable under the Uniform individuals, to include but not limited disclosed outside the Department of Code of Military Justice. to, name; social security number; date of Defense as a routine use pursuant to 5 Active duty military (includes Coast birth; place of birth; race; ethnicity; sex; U.S.C. 552a(b)(3) only as follows: Guard) personnel convicted by civilian identifying marks (tattoos, scars, etc.); To the Department of Justice: authorities of felony offenses as defined height; weight; nature and details of the (1) To compile crime statistics so that by State or local law; attempting or incident/offense to include whether such information can be both committing suicide; or whose alcohol, drugs and/or weapons were disseminated to the general public and dependent resides in the same involved; driver’s license information; used to develop statistical data for use household and is the victim of Sudden actions taken by military commanders by law enforcement agencies. Infant Death Syndrome (SIDS). (e.g., administrative and/or non-judicial (2) To compile information on those Individuals who are victims of those measures, to include sanctions individuals for whom receipt or offenses which are either reportable to imposed); court-martial results and possession of a firearm would violate the Department of Justice or are punishments imposed; confinement the law so that such information can be punishable under the Uniform Code of information, to include location of included in the National Instant Military Justice. correctional facility, gang/cult affiliation Criminal Background Check System Active duty military (includes Coast if applicable; and release/parole/ which may be used by firearm licensees Guard) personnel who must be reported clemency eligibility dates. (importers, manufactures or dealers) to to the Department of Justice under the Records also consist of personal determine whether individuals are Brady Handgun Violence Prevention information on individuals who were disqualified from receiving or Act because such personnel have been victims. Such information does not possessing a firearm. referred to trial by a general courts- include the name of the victim or other The ‘Blanket Routine Uses’ set forth at martial for an offense punishable by personal identifiers (e.g., Social Security the beginning of the DLA compilation of imprisonment for a term exceeding one Number, date of birth, etc.), but does record system notices do not apply to year; have left the State with the intent include the individual’s residential zip this record system. of avoiding either pending charges or code; age; sex; race; ethnicity; and type giving testimony in criminal of injury. POLICIES AND PRACTICES FOR STORING, proceedings; are either current users of RETRIEVING, ACCESSING, RETAINING, AND a controlled substance which has not AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: been prescribed by a licensed physician 5 U.S.C. 301, Departmental STORAGE: (Note: includes both current and former Regulation; 10 U.S.C. 136, Under Electronic storage media. members who recently have been Secretary of Defense for Personnel and convicted by a courts-martial, given Readiness; 18 U.S.C. 922 note, Brady RETRIEVABILITY: nonjudicial punishment, or Handgun Violence Prevention Act; 28 Retrieved by name, Social Security administratively separated based on U.S.C. 534 note, Uniform Federal Crime Number, incident number, or any other drug use or failing a drug rehabilitation Reporting Act; 42 U.S.C. 10601 et seq., data element contained in system. program) or using a controlled Victims Rights and Restitution Act; DoD substance and losing the power of self- Directive 7730.47, Defense Incident- SAFEGUARDS: control with respect to that substance; Based Reporting System (DIBRS); and W.R. Church Computer Center: Tapes are adjudicated by lawful authority to be E.O. 9397 (SSN). are stored in a locked cage in a Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55375 controlled access area; tapes can be DEPARTMENT OF DEFENSE Dated: October 2, 1998. physically accessed only by computer Ralph W. Corey, center personnel and can be mounted Department of the Navy Commander, Judge Advocate General’s Corps, for processing only if the appropriate U.S. Navy, Federal Register Liaison Officer. Notice of Proposed Information security code is provided. [FR Doc. 98–27631 Filed 10–14–98; 8:45 am] Collection; Commander, Navy Back-up location: Tapes are stored in BILLING CODE 3810±FF±P a bank-type vault; buildings are locked Recruiting Command after hours and only properly cleared AGENCY: Department of the Navy, DOD. and authorized personnel have access. DEPARTMENT OF EDUCATION ACTION: Notice of proposed information RETENTION AND DISPOSAL: collection. Submission for OMB Review; Disposition pending (until NARA Comment Request disposition is approved, treat as SUMMARY: The Navy Recruiting permanent). Command announces a proposed public AGENCY: Department of Education. information collection and seeks public SUMMARY: The Leader, Information SYSTEM MANAGER(S) AND ADDRESS: comment on the provisions thereof. Management Group, Office of the Chief Deputy Director, Defense Manpower Comments are invited on: (a) Whether Financial and Chief Information Officer Data Center, DoD Center Monterey Bay, the proposed collection of information invites comments on the submission for 400 Gigling Road, Seaside, CA 93955– is necessary for the proper performance OMB review as required by the 6771. of the functions of the agency, including Paperwork Reduction Act of 1995. whether the information shall have DATES: Interested persons are invited to NOTIFICATION PROCEDURE: practical utility; (b) the accuracy of the submit comments on or before Individuals seeking to determine agency’s estimate of the burden of the November 16, 1998. whether this system of records contains proposed information collection; (c) ADDRESSES: Written comments should information about themselves should ways to enhance the quality, utility, and be addressed to the Office of address written inquires to the Privacy clarity of the information to be Information and Regulatory Affairs, Act Officer, Headquarters, Defense collected; and (d) ways to minimize the Attention: Danny Werfel, Desk Officer, Logistics Agency, CAAR, 8725 John J. burden of the information collection on Department of Education, Office of Kingman Road, Suite 2533, Fort Belvoir, respondents, including through the use Management and Budget, 725 17th VA 22060–6221. of automated collection techniques or Street, N.W., Room 10235, New Written requests should contain the other forms of information technology. Executive Office Building, Washington, full name, Social Security Number, date DATES: Consideration will be given to all D.C. 20503 or should be electronically of birth, and current address and comments received by December 14, mailed to the internet address telephone number of the individual. 1998. [email protected]. Requests for RECORD ACCESS PROCEDURES: ADDRESSES: Send written comments and copies of the proposed information collection requests should be addressed Individuals seeking access to records recommendations on the proposed to Patrick J. Sherrill, Department of about themselves contained in this information collection to Commander, Education, 600 Independence Avenue, system of records should address Navy Recruiting Command (Code 10D), S.W., Room 5624, Regional Office inquiries to the Privacy Act Officer, 801 N. Randolph Street, Arlington, VA Building 3, Washington, D.C. 20202– Headquarters, Defense Logistics Agency, 22203–1991. 4651, or should be electronically mailed CAAR, 8725 John J. Kingman Road, FOR FURTHER INFORMATION CONTACT: To to the internet address Suite 2533, Fort Belvoir, VA 22060– request additional information or to [email protected], or should be 6221. obtain a copy of the proposal and faxed to 202–708–9346. Written requests should contain the associated collection instruments, FOR FURTHER INFORMATION CONTACT: full name, Social Security Number, date contact Mrs. Lambert at (703) 696–4185. of birth and current address and Patrick J. Sherrill (202) 708–8196. SUPPLEMENTARY INFORMATION: telephone number of the individual. Individuals who use a Form Title and OMB Number: telecommunications device for the deaf CONTESTING RECORD PROCEDURES: Analysis of Recruitment Incentives; (TDD) may call the Federal Information The DLA rules for accessing records, none. Relay Service (FIRS) at 1–800–877–8339 and for contesting contents and Needs and Uses: This collection of between 8 a.m. and 8 p.m., Eastern time, appealing initial agency determinations information will be a survey Monday through Friday. are contained in DLA Regulation administered to potential recruits and SUPPLEMENTARY INFORMATION: Section 5400.21; 32 CFR part 323; or may be used by the Navy Recruiting Command 3506 of the Paperwork Reduction Act of obtained from the Privacy Act Officer, to compare different recruiting 1995 (44 U.S.C. Chapter 35) requires Headquarters, Defense Logistics Agency, incentives in order to allocate increases that the Office of Management and CAAR, 8725 John J. Kingman Road, in funding for enlistment bonuses and Budget (OMB) provide interested Suite 2533, Fort Belvoir, VA 22060– college incentives. Federal agencies and the public an early 6221. Affected Public: Individuals or opportunity to comment on information households. collection requests. OMB may amend or RECORD SOURCE CATEGORIES: Annual Burden Hours: 2,500. waive the requirement for public The military services (includes the Number of Respondents: 5,000. consultation to the extent that public U.S. Coast Guard) and Defense agencies. participation in the approval process Responses per Respondent: 1. would defeat the purpose of the EXEMPTIONS CLAIMED FOR THE SYSTEM: Average Burden per Response: 15 information collection, violate State or None. minutes. Federal law, or substantially interfere [FR Doc. 98–27652 Filed 10–14–98; 8:45 am] Frequency: On occasion. with any agency’s ability to perform its BILLING CODE 5000±04±F (Authority: 44 U.S.C. Sec. 3506(c)(2)(A)) statutory obligations. The Leader, 55376 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Information Management Group, Office Abstract: The Safe and Drug-Free collection requests. OMB may amend or of the Chief Financial and Chief School Recognition Program was waive the requirement for public Information Officer, publishes that established to recognize public and consultation to the extent that public notice containing proposed information private schools that have demonstrated participation in the approval process collection requests prior to submission exemplary practices in creating safe and would defeat the purpose of the of these requests to OMB. Each orderly learning environments. The information collection, violate State or proposed information collection, newly redesigned program will focus Federal law, or substantially interfere grouped by office, contains the on: (1) Research-based principles; (2) with any agency’s ability to perform its following: (1) Type of review requested, collaboration with partners and/or co- statutory obligations. The Leader, e.g. new, revision, extension, existing or sponsors at the federal, state, and local Information Management Group, Office reinstatement; (2) Title; (3) Summary of levels (both public and private); and (3) of the Chief Financial and Chief the collection; (4) Description of the effective diffusion of knowledge about Information Officer, publishes that need for, and proposed use of, the what works to prevent drug use and notice containing proposed information information; (5) Respondents and violence among youth. collection requests prior to submission frequency of collection; and (6) [FR Doc. 98–27630 Filed 10–14–98; 8:45 am] of these requests to OMB. Each Reporting and/or Recordkeeping proposed information collection, BILLING CODE 4000±01±P burden. OMB invites public comment at grouped by office, contains the the address specified above. Copies of following: (1) Type of review requested, the requests are available from Patrick J. DEPARTMENT OF EDUCATION e.g. new, revision, extension, existing or Sherrill at the address specified above. reinstatement; (2) Title; (3) Summary of Dated: October 8, 1998. Submission for OMB Review; the collection; (4) Description of the Kent H. Hannaman, Comment Request need for, and proposed use of, the information; (5) Respondents and Leader, Information Management Group, AGENCY: Department of Education. frequency of collection; and (6) Office of the Chief Financial and Chief SUMMARY: The Leader, Information Information Officer. Reporting and/or Recordkeeping Management Group, Office of the Chief burden. OMB invites public comment at Office of Educational Research and Financial and Chief Information Officer the address specified above. Copies of Improvement invites comments on the submission for the requests are available from Patrick J. Type of Review: Reinstatement. OMB review as required by the Sherrill at the address specified above. Paperwork Reduction Act of 1995. Title: Star Schools Program. Dated: October 9, 1998. DATES: Interested persons are invited to Frequency: Annually. Kent H. Hannaman, Affected Public: State, local or Tribal submit comments on or before Gov’t, SEAs or LEAs. November 16, 1998. Leader, Information Management Group, Office of the Chief Financial and Chief Reporting and Recordkeeping Hour ADDRESSES: Written comments should Information Officer. Burden: be addressed to the Office of Responses: 75. Information and Regulatory Affairs, Office of Educational Research and Burden Hours: 3,000. Attention: Danny Werfel, Desk Officer, Improvement Abstract: This application will be Department of Education, Office of Type of Review: Revision. used by eligible telecommunications Management and Budget, 725 17th partnerships composed of local school Street, N.W., Room 10235, New Title: Technology Innovation agencies, state education agencies, Executive Office Building, Washington, Challenge Grant Program: General institutions of higher education, D.C. 20503 or should be electronically Competition. television stations, and other mailed to the internet address Werfel— Frequency: Annually. telecommunications agencies including [email protected]. Requests for copies of the Affected Public: Not-for-profit radio and TV stations. The Department proposed information collection will use the information to make grant institutions; State, local or Tribal Gov’t, requests should be addressed to Patrick SEAs or LEAs. awards. J. Sherrill, Department of Education, 600 This information collection is being Independence Avenue, S.W., Room Reporting and Recordkeeping Hour submitted under the Streamlined 5624, Regional Office Building 3, Burden: Clearance Process for Discretionary Washington, D.C. 20202–4651, or Responses: 500. Grant Information Collections (OMB should be electronically mailed to the Burden Hours: 20,000. Control No. 1890–0001). Therefore, this internet address [email protected], Abstract: The FY 1999 Technology 30-day public comment period notice or should be faxed to 202–708–9346. will be the only public comment notice Innovation Challenge Grant competition FOR FURTHER INFORMATION CONTACT: will be a general competition with a published for this information Patrick J. Sherrill (202) 708–8196. collection. competitive priority from the statute for Individuals who use a professional development. Office of Elementary and Secondary telecommunications device for the deaf This information collection is being Education (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 submitted under the Streamlined Type of Review: Revision. Clearance Process for Discretionary Title: Safe and Drug-Free School between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. Grant Information Collections (OMB Recognition Program. Control No. 1890–0001). Therefore, this SUPPLEMENTARY INFORMATION: Section Frequency: Annually. 30-day public comment period notice 3506 of the Paperwork Reduction Act of Affected Public: State, local or Tribal will be the only public comment notice 1995 (44 U.S.C. Chapter 35) requires Gov’t, SEAs or LEAs. published for this information that the Office of Management and Reporting and Recordkeeping Hour collection. Burden: Budget (OMB) provide interested Responses: 130. Federal agencies and the public an early [FR Doc. 98–27685 Filed 10–14–98; 8:45 am] Burden Hours: 2,760. opportunity to comment on information BILLING CODE 4000±01±P Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55377

OFFICE OF ENERGY RESEARCH a.m. and 4:00 p.m., Monday through or protests must be filed in accordance Friday, except Federal holidays. with Section 154.210 of the High Energy Physics Advisory Panel Issued at Washington, D.C. on October 9, Commission’s Regulations. Protests will be considered by the Commission in AGENCY: Department of Energy. 1998. determining the appropriate action to be ACTION: Notice of open meeting. Rachel M. Samuel, Deputy Advisory Committee Management taken, but will not serve to make SUMMARY: Pursuant to the provisions of Officer. protestants parties to the proceedings. the Federal Advisory Committee Act [FR Doc. 98–27718 Filed 10–14–98; 8:45 am] Any person wishing to become a party must file a motion to intervene. Copies (Pub. L. 92–463, 86 Stat. 770), notice is BILLING CODE 6450±01±P given of a meeting of the High Energy of this filing are on file with the Physics Advisory Panel. Commission and are available for public inspection in the Public Reference DATES: Thursday, December 3, 1998; DEPARTMENT OF ENERGY Room. 9:00 a.m. to 6:00 p.m.; and Friday, December 4, 1998; 8:30 a.m. to 4:00 p.m. Federal Energy Regulatory Linwood A. Watson, Jr., Commission Acting Secretary. ADDRESSES: Holiday Inn, 2 Montgomery Village Avenue, Gaithersburg, Maryland [Docket No. RP99±71±000] [FR Doc. 98–27616 Filed 10–14–98; 8:45 am] 20879. BILLING CODE 6717±01±M Caprock Pipeline Company; Notice of FURTHER INFORMATION CONTACT: John Tariff Filing Metzler; Executive Secretary; High DEPARTMENT OF ENERGY Energy Physics Advisory Panel; U.S. October 8, 1998. Department of Energy; ER–22, GTN; Take notice that on October 5, 1998, Federal Energy Regulatory Germantown, Maryland 20874; Caprock Pipeline Company (Caprock) Commission Telephone: (301) 903–2979. tendered for filing as part of its FERC Gs [Docket No. RP99±77±000] SUPPLEMENTARY INFORMATION: Tariff, First Revised Volume No. 1, the Purpose of the Meeting: To provide following tariff sheets to be effective Kentucky West Virginia Gas Company, advice and guidance on a continuing November 2, 1998: L.L.C.; Notice of Proposed Changes in basis with respect to the high energy Second Revised Sheet No. 6 FERC Gas Tariff physics research program. Fifth Revised Sheet No. 29A October 8, 1998. Tentative Agenda Third Revised Sheet No. 37 First Revised Sheet No. 37A Take notice that on October 6, 1998, Thursday, December 3, 1998 and Second Revised Sheet No. 38 Kentucky West Virginia Gas Company, Friday, December 4, 1998 First Revised Sheet No. 38A L.L.C. (Kentucky West) tendered for filing as part of its FERC Gas Tariff, Discussion of Department of Energy First Revised Sheet No. 39 Third Revised Volume No. 1, the High Energy Physics Programs Caprock states that these tariff sheets following revised tariff sheets to become Discussion of National Science are being filed in compliance with the effective November 2, 1998: Foundation Elementary Particle Commission’s Order No. 587–H, Final Physics Program Rule, issued July 15, 1998, in Docket Third Revised Sheet No. 119 Discussion of HEP University Programs No. RM96–1–008. Third Revised Sheet No. 120 Reports on and Discussion of the Use of Caprock respectfully requests waiver Second Revised Sheet No. 120A Second Revised Sheet No. 120B Networks and Computing in High of the 30 day notice requirement and Second Revised Sheet No. 121 Energy Physics acceptance of the tariff sheet(s) to be Second Revised Sheet No. 122 Reports on and Discussion of U.S. LHC effective November 2, 1998. The reason Second Revised Sheet No. 123 Activities for the waiver request is due to Second Revised Sheet No. 124 Reports on and Discussions of Topics of problems encountered with the delivery Original Sheet No. 124A General Interest in High Energy service hired to deliver the filing First Revised Sheet No. 174 Physics documents to our Washington, DC Kentucky West states that the purpose Public Comment (10 minute rule) offices. The packages were lost and not of this filing is to comply with the Public Participation: The two-day delivered to our offices until October 5, Commission’s Order No. 587–H issued meeting is open to the public. The 1998. Caprock requests that the on July 15, 1998, the Docket No. RM96– Chairperson of the Panel is empowered Commission grant any other waivers of 1–008 adopting new and revised to conduct the meeting in a fashion that its regulations that the Commission may standards promulgated by the Gas will, in his judgment, facilitate the deem necessary to accept Caprock’s Industry Standards Board (GISB). These orderly conduct of business. Any tariff sheet(s) to be effective November standards require interstate natural gas member of the public who wishes to 2, 1998, without hearing. pipelines to follow certain new and make oral statements pertaining to Caprock states that copies of the filing revised business practice procedures for agenda items should contact the were served upon Caprock’s intra-day nominations. The Commission Executive Secretary at the address or jurisdictional customers, interested directed pipelines to make a filing to telephone number listed above. public bodies and all parties to the implement the standards relating to Requests must be received at least 5 proceeding. intra-day nominations to be effective by days prior to the meeting and reasonable Any person desiring to be heard or to November 2, 1998. Kentucky West states provision will be made to include the protest said filing should file a motion that it is making this filing in presentation on the agenda. to intervene or a protest with the compliance with the Commission’s Minutes: Available for public review Federal Energy Regulatory Commission, Order. and copying at the Public Reading 888 First Street, N.E., Washington, DC Any person desiring to be heard or to Room, Room 1E–190, Forrestal 20426, in accordance with Sections protest said filing should file a motion Building, 1000 Independence Avenue, 385.214 or 385.211 of the Commission’s to intervene or a protest with the S.W., Washington, D.C. between 9:00 Rules and Regulations. All such motions Federal Energy Regulatory Commission, 55378 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

888 First Street, N.E., Washington, D.C. First Revised Volume No. 1–D DEPARTMENT OF ENERGY 20426, in accordance with Sections Second Revised Sheet No. 6 385.214 or 385.211 of the Commission’s First Revised Sheet No. 36 Federal Energy Regulatory Rules and Regulations. All such motions Fourth Revised Sheet No. 71A Commission First Revised Volume No. 1–C or protests must be filed in accordance First Revised Sheet No. 9 [Docket No. RP99±73±000] with Section 154.210 of the First Revised Sheet No. 16A Commission’s Regulations. Protests will Second Revised Sheet No. 17 K N Wattenberg Transmission, L.L.C.; be considered by the Commission in First Revised Sheet No. 17A Notice of Tariff Filing determining the appropriate action to be First Revised Sheet No. 17B taken, but will not serve to make Original Revised Sheet No. 17C October 8, 1998. protestants parties to the proceedings. First Revised Sheet No. 18 Taken notice that on October 5, 1998, Any person wishing to become a party First Revised Sheet No. 42 K N Wattenberg Transmission L.L.C. must file a motion to intervene. Copies Second Revised Sheet No. 43 (KNW) tendered for filing as part of its First Revised Sheet No. 43A FERC Gas Tariff, First Revised Volume of this filing are on file with the First Revised Sheet No. 43B Commission and are available for public Original Sheet No. 43C No. 1, the following tariff sheets to be inspection in the Public Reference Original Sheet No. 43D effective November 2, 1998: Room. First Revised Sheet No. 11 Linwood A. Watson, Jr., KNI states that these tariff sheets are First Revised Sheet No. 19 Acting Secretary. being filed in compliance with the First Revised Sheet No. 20 [FR Doc. 98–27622 Filed 10–14–98; 8:45 am] Commission’s Order No. 587–H, Final Original Sheet No. 20A Rule, issued July 15, 1998, in Docket Original Sheet No. 20B BILLING CODE 6717±01±M No. RM96–1–008. First Revised Sheet No. 21 First Revised Sheet No. 22 KNI respectfully requests waiver of First Revised Sheet No. 33 DEPARTMENT OF ENERGY the 30 day notice requirement and First Revised Sheet No. 34 acceptance of the tariff sheet(s) to be Original Sheet No. 34A Federal Energy Regulatory effective November 2, 1998. The reason Original Sheet No. 34B Commission for the waiver request is due to First Revised Sheet No. 35 First Revised Sheet No. 42 [Docket No. RP99±74±000] problems encountered with the delivery service hired to deliver the filing Second Revised Sheet No. 67 K N Interstate Gas Transmission Co.; documents to our Washington, DC First Revised Sheet No. 85 Notice of Tariff Filing offices. The packages were lost and not KNW states that these tariff sheets are delivered to our offices until October 5, being filed in compliance with the October 8, 1998. 1998. KNI requests that the Commission Federal Energy Regulatory Take notice that on October 5, 1998, grant any other waivers of its Commission’s (Commission) Order No. K N Interstate Gas Transmission Co. regulations that the Commission may 587–H, Final Rule, issued July 15, 1998, (KNI) tendered for filing as part of its deem necessary to accept KNI’s tariff in Docket No. RM96–1–008. FERC Gas Tariff, Third Revised Volume sheet(s) to be effective November 2, KNW respectfully requests waiver of No. 1–A, the following tariff sheets to be 1998, without hearing. the 30 day notice requirement and effective November 2, 1998: KNI states that copies of the filing acceptance of the tariff sheet(s) to be First Revised Sheet No. 11 were served upon KNI’s jurisdictional effective November 2, 1998. The reason First Revised Sheet No. 12 customers, interested public bodies and for the waiver request is due to Second Revised Sheet No. 20 all parties to the proceeding. problems encountered with the delivery Second Revised Sheet No. 21 service hired to deliver the filing First Revised Sheet No. 22 Any person desiring to be heard or to document to our Washington D.C. First Revised Sheet No. 22A protest said filing should file a motion offices. The packages were lost and not Original Sheet No. 22B in intervene or a protest with the delivered to our offices until October 5, First Revised Sheet No. 23 Federal Energy Regulatory Commission, Second Revised Sheet No. 47 1998. KNW requests that the 888 First Street, NE., Washington, DC Commission grant any other waivers of Second Revised Sheet No. 48 20426, in accordance with Sections Second Revised Sheet No. 49 its regulations that the Commission may First Revised Sheet No. 49A 385.214 or 385.211 of the Commission’s deem necessary to accept KNW’s tariff First Revised Sheet No. 49B Rules and Regulations. All such motions sheet(s) to be effective November 2, First Revised Sheet No. 50 or protests must be filed in accordance 1998, without hearing. First Revised Sheet No. 98 with Section 154.210 of the KNW states that copies of the filing Second Revised Sheet No. 104 Commission’s Regulations. Protests will were served upon KNW’s jurisdictional Second Revised Sheet No. 105 be considered by the Commission in customers, interested public bodies and Second Revised Sheet No. 106 determining the appropriate action to be First Revised Sheet No. 106A all parties to the proceedings. taken, but will not serve to make Any person desiring to be heard or to First Revised Sheet No. 106B protestants parties to the proceedings. First Revised Sheet No. 107 protest said filing should file a motion Second Revised Sheet No. 126 Any person wishing to become a party to intervene or protest with the Federal Second Revised Sheet No. 127 must file a motion to intervene. Copies Energy Regulatory Commission, 888 Second Revised Sheet No. 128 of this filing are on file with the First Street, N.E., Washington, D.C. Second Revised Sheet No. 129 Commission and are available for public 20426, in accordance with Section First Revised Sheet No. 129A inspection in the Public Reference 385.214 or 385.211 of the Commission’s Second Revised Sheet No. 130 Room. Rules and Regulations. All such motions First Revised Sheet No. 130A Linwood A. Watson, Jr., Third Revised Volume No. 1–B or protests must be filed in accordance Third Revised Sheet No. 6 Acting Secretary. with Section 154.210 of the Second Revised Sheet No. 43 [FR Doc. 98–27619 Filed 10–14–98; 8:45 am] Commission’s Regulations. Protests will Fourth Revised Sheet No. 89A BILLING CODE 6717±01±M be considered by the Commission in Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55379 determining the appropriate action to be inspection in the Public Reference DEPARTMENT OF ENERGY taken, but will not serve to make Room. protestants parties to the proceeding. Linwood A. Watson, Jr., Federal Energy Regulatory Commission Any person wishing to become a party Acting Secretary. must file a motion to intervene. Copies [FR Doc. 98–27615 Filed 10–14–98; 8:45 am] [Docket No. RP98±423±001] of these filing are on file with the BILLING CODE 6717±01±M Commission and are available for public Mississippi River Transmission inspection in the Public Reference Corporation; Notice of Tariff Filing Room. DEPARTMENT OF ENERGY October 8, 1998. Linwood A. Watson, Jr., Take notice that on October 5, 1998, Acting Secretary. Federal Energy Regulatory Commission Mississippi River Transmission [FR Doc. 98–27618 Filed 10–14–98; 8:45 am] Corporation (MRT) tendered for filing as BILLING CODE 6717±01±M part of its Gas Tariff, Third Revised [Docket No. RP99±75±000] Volume No. 1, the following tariff sheet, MIGC, Inc.; Notice of Tariff Filing with an effective date of November 1, DEPARTMENT OF ENERGY 1998: Federal Energy Regulatory October 8, 1998. Substitute Thirty First Revised Sheet No. 6. Commission Take notice that on October 5, 1998, MRT states that due to typographical MIGC, Inc. (MIGC), tendered for filing as error on proposed Thirty First Revised [Docket No. RP99±70±000] part of its FERC Gas Tariff, First Revised Sheet No. 6 tariff sheet in Docket No. Volume No. 1, Second Revised Sheet RP98–423, (MRT’s filing to remove Michigan Gas Storage Company; No. 52A, Fifth Revised Sheet No. 56, GSRC surcharges), it is making this Notice of Proposed Changes in FERC Original Sheet No. 56A, Original Sheet filing is to correct and supplement the Gas Tariff No. 56B, Fourth Revised Sheet No. 57, September 30, 1998 filing. First Revised Sheet No. 57A, Original MRT states that a copy of this filing October 8, 1998. Sheet No. 57B, Third Revised Sheet No. is being mailed to each of MRT’s Take notice that on October 5, 1998, 58, and Third Revised Sheet No. 59 with customers and to the state commissions Michigan Gas Storage Company a proposed effective date of November of Arkansas, Illinois and Missouri. (MGSCo) tendered for filing as part of its 2, 1997. Any person desiring to protest this FERC Gas Tariff, First Revised Volume filing should file a protest with the MIGC states that the purpose of the Federal Energy Regulatory Commission, No. 1, proposed changes to two tariff filing is to comply with Order No. 587– sheets (Sheet Nos. 41A and 51A). 888 First Street, NE., Washington, DC H issued in Docket No. RM96–1–008. 20426, in accordance with Sections MGSCo also requested waiver of the MIGC states that copies of its filing 385.211 of the Commission’s Rule and normal notice requirements to allow a are being mailed to its jurisdictional Regulations. All such protests must be November 1, 1998 effective date for the customers and interested State filed as provided in Section 154.210 of tariff sheets. The proposed changes are commissions. the Commission’s Regulations. Protests being filed pursuant to Order No. 587– Any person desiring to be heard or to will be considered by the Commission H, regarding Gas Industry Standards in determining the appropriate action to protest said filing should file a motion Board (GISB) standards. be taken, but will not serve to make to intervene or a protest with the MGSCo states that copies of this filing protestants parties to the proceedings. Federal Energy Regulatory Commission, Copies of this filing are on file with the are being served on all customers and 888 First Street, N.E., Washington, D.C. applicable state regulatory agencies and Commission and are available for public 20426, in accordance with Sections inspection in the Public Reference on all those of the official service lists 385.214 or 385.211 of the Commission’s in Docket Nos. RP97–152–000 and RP Room. Rules and Regulations. All such motions Linwood A. Watson, Jr., 98–288–000. or protests must be filed in accordance Acting Secretary. Any person desiring to be heard or to with Section 154.210 of the [FR Doc. 98–27614 Filed 10–14–98; 8:45 am] protest said filing should file a motion Commission’s Regulations. Protests will to intervene or a protest with the be considered by the Commission in BILLING CODE 6717±01±M Federal Energy Regulatory Commission, determining the appropriate action to be 888 First Street, NE., Washington, DC taken, but will not serve to make DEPARTMENT OF ENERGY 20426, in accordance with Sections protestants parties to the proceedings. 385.214 or 385.211 of the Commission’s Any person wishing to become a party Federal Energy Regulatory Rules and Regulations. All such motions must file a motion to intervene. Copies Commission or protests must be filed in accordance of this filing are on file with the with Section 154.210 of the Commission and are available for public [Docket No. RP99±78±000] Commission’s Regulations. Protests will inspection in the Public Reference Nora Transmission Company; Notice be considered by the Commission in Room. of Proposed Changes in FERC Gas determining the appropriate action to be Linwood A. Watson, Jr., Tariff taken, but will not serve to make Acting Secretary. protestants parties to the proceedings. October 8, 1998. [FR Doc. 98–27620 Filed 10–14–98; 8:45 am] Any person wishing to become a party Take notice that on October 6, 1998, must file a motion to intervene. Copies BILLING CODE 6717±01±M Nora Transmission Company, (Nora) of this filing are on file with the tendered for filing as part of its FERC Commission and are available for public Gas Tariff, First Revised Volume No. 1, 55380 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices the following revised tariff sheets to (NGT), 1111 Louisiana, Houston, Texas DEPARTMENT OF ENERGY become effective November 2, 1998: 77002–5231, filed in Docket No. CP99– Federal Energy Regulatory Third Revised Sheet No. 119 2–000 a request pursuant to Sections Third Revised Sheet No. 120 157.205 and 157.211 of the Commission Second Revised Sheet No. 120A Commission’s Regulations under the [Docket No. CP98±780±000] Second Revised Sheet No. 120B Natural Gas Act (18 CFR 157.205 and Second Revised Sheet No. 121 157.211) for authorization to construct Northern Natural Gas Company; Notice Second Revised Sheet No. 122 of Request Under Blanket Second Revised Sheet No. 123 and operate certain facilities in Second Revised Sheet No. 124 Arkansas under NGT’s blanket Authorization Original Sheet No. 124A certificate issued in Docket No. CP82– October 8, 1998. Third Revised Sheet No. 173 384–000 and CP82–384–001 pursuant to Take notice that on September 14, Nora states that the purpose of this Section 7 of the Natural Gas Act, all as 1998, as supplemented October 6, 1998, filing is to comply with the more fully set forth in the request that Northern Natural Gas Company Commission’s Order No. 587–H issued is on file with the Commission and open (Northern Natural), P.O. Box 3330, on July 15, 1998, the Docket No. RM96– to public inspection. Omaha, Nebraska 68103–0330, filed a 1–008 adopting new and revised NGT specifically proposes to prior notice request with the standards promulgated by the Gas construct and operate a 2-inch delivery Commission in Docket No. CP98–780– Industry Standards Board (GISB). These tap and first-cut regulator to serve 000 pursuant to Section 157.205 of the standards require interstate natural gas ARKLA, a division of NorAm Energy Commission’s Regulations under the pipelines to follow certain new and Natural Gas Act (NGA) for authorization Corp. (ARKLA). The tap will be revised business practice procedures for to operate an existing delivery point, installed on NGT’s Line K-north in intra-day nominations. The Commission initially constructed under Section 311 directed pipelines to make a filing to Section 1, Township 14 South, Range 17 (a) of the Natural Gas Policy Act of implement the standards relating to West, Ouachita County, Arkansas. The 1978, as a jurisdictional facility to intra-day nominations to be effective by estimated volumes to be delivered to provide transportation service to Bunge November 2, 1998. Nora is making this this tap are approximately 91,000 Corp. (Bunge) in Mills County, Iowa, filing in compliance with the MMBtu annually and 720 MMBtu on a under Northern Natural’s blanket Commission’s Order. peak day. The tap and first-cut regulator certificate issued in Docket No. CP82– Any person desiring to be heard or to are to be constructed at an estimated 401–000 pursuant to Section 7 of the protest said filing should file a motion cost of $7,753 and ARKLA will NGA, all as more fully set forth in the to intervene or a protest with the reimburse NGT the construction costs. request that is open to the public for Federal Energy Regulatory Commission, ARKLA will, at its cost, construct a 2- inspection. 888 First Street, NE., Washington, DC inch U-shape meter station and convey Northern Natural proposes to operate 20426, in accordance with Sections ownership to NGT. NGT will own and and maintain and existing delivery 385.214 or 385.211 of the Commission’s operate the tap and meter station. point to serve Bunge’s plant near Rules and Regulations. All such motions Council Bluffs, Mills County, Iowa. Any person or the Commission’s staff or protests must be filed in accordance Northern Natural States that the Bunge may, within 45 days after issuance of with Section 154.210 of the Town Border Station (TBS) consists of Commission’s Regulations. Protests will the instant notice by the Commission, approximately 1,800 feet of 6-inch be considered by the Commission in file pursuant to Rule 214 of the diameter pipe and appurtenant facilities determining the appropriate action to be Commission’s Procedural Rules (18 CFR that Northern Natural would provide taken, but will not serve to make 385.214) a motion to intervene or notice service to Bunge under Part 284 of the protestants parties to the proceedings. of intervention and pursuant to Section Commission’s Regulations. Northern Any person wishing to become a party 157.205 of the Regulations under the Natural would deliver up to 7,000 must file a motion to intervene. Copies Natural Gas Act (18 CFR 157.205) a MMBtu of natural gas per day and up to of this filing are on file with the protest to the request. If no protest is 2,190,000 MMBtu annually to Bunge at Commission and are available for public filed within the time allowed therefore, the Bunge TBS. Northern Border states inspection in the Public Reference the proposed activity shall be deemed to that its deliveries to Bunge are within its Room. be authorized effective the day after the certificated entitlements. Northern Linwood A. Watson, Jr., time allowed for filing a protest. If a Border also states that it originally paid Acting Secretary. protest is filed and not withdrawn the $384,000 construction cost for the [FR Doc. 98–27623 Filed 10–14–98; 8:45 am] within 20 days after the time allowed Bunge TBS, but that the cost would be offset by the demand reservation fees to BILLING CODE 6717±01±M for filing a protest, the instant request shall be treated as an application for be paid by Bunge over time. authorization pursuant to Section 7 of Any person or the Commission’s staff may, within 45 days after the DEPARTMENT OF ENERGY the Natural Gas Act. Commission has issued this notice, file Federal Energy Regulatory Linwood A. Waston, Jr., pursuant to Rule 214 of the Commission Acting Secretary. Commission’s Procedural Rules (18 CFR [FR Doc. 98–27611 Filed 10–14–98; 8:45 am] 385.214) a motion to intervene or notice [Docket No. CP99±2±000] BILLING CODE 6717±01±M of intervention and pursuant to Section NorAm Gas Transmission Company; 157.205 of the Regulations under the Notice of Request Under Blanket NGA (18 CFR 157.205) a protest to the Authorization request. If no protest is filed within the allowed time, the proposed activity October 8, 1998. shall be deemed to be authorized Take notice that on October 1, 1998, effective the day after the time allowed NorAm Gas Transmission Company for filing a protest. If a protest is filed Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55381 and not withdrawn within 30 days after Third Revised Sheet No. 18 DEPARTMENT OF ENERGY the time allowed for filing a protest, the Second Revised Sheet No. 18 instant request shall be treated as an First Revised Sheet No. 18B Federal Energy Regulatory application for authorization pursuant Original Revised Sheet No. 18C Commission Original Revised Sheet No. 18D to Section 7 of the NGA. [Docket No. CP98±803±001] Linwood A. Watson, Jr., Second Revised Sheet No. 19 Acting Secretary. Third Revised Sheet No. 46 Transcontinental Gas Pipe Line Original Revised Sheet No. 46A [FR Doc. 98–27607 Filed 10–14–98; 8:45 am] Corporation; Notice of Amendment Third Revised Sheet No. 47 BILLING CODE 6717±01±M Second Revised Sheet No. 47A October 8, 1998. Original Revised Sheet No. 47B Take notice that on October 5, 1998, DEPARTMENT OF ENERGY First Revised Sheet No. 48 Transcontinental Gas Pipe Line Second Revised Sheet No. 60 Corporation (Transco), Post Office Box Federal Energy Regulatory Third Revised Sheet No. 103A 1396, Houston, Texas 77251, pursuant Commission to and in accordance with Sections 7(b) TCP states that these tariff sheets are and 7(c) of the Natural Gas Act (NGA) [Docket No. ER99±14±000] being filed in compliance with the and Part 157 of the Commission’s Commission’s Order No. 587–H, Final Select Energy, Inc.; Notice of Filing Regulations, filed an amendment to its Rule, issued July 15, 1998, in Docket pending application for abandonment of October 8, 1998. No. RM96–1–008. service, filed on September 25, 1998, in Take notice that on October 1, 1998, TCP respectfully requests waiver of Docket No. CP98–803–000, to request an Select Energy, Inc., (Select), a power the 30 day notice requirement and order permitting and approving the marketing subsidiary of Northeast acceptance of the tariff sheet(s) to be abandonment of service provided to PG Utilities tendered for filing a proposed effective November 2, 1998. The reason Energy, Inc. (PGE) and Philadelphia Gas Works (PGW), as well as permitting and rate schedule that would permit it to for the waiver request is due to approving increased service to NUI make sales of energy and/or capacity at problems encountered with the delivery Corporation (NUI) under Transco’s Rate market-based rates. service hired to deliver the filing Any person desiring to be heard or to Schedule LG–A, all as more fully set protest said filing should file a motion documents to our Washington D.C. forth in the application on file with the to intervene or protest with the Federal offices. The packages were lost and not Commission and open to public Energy Regulatory Commission, 888 delivered to our offices until October 5, inspection. First Street, N.E., Washington, D.C. 1998. TCP requests that the Commission Transco states that the purpose of this 20426, in accordance with Rules 211 grant any other waivers of its amendment is (1) to provide to the and 214 of the Commission’s Rules of regulations that the Commission may Commission the Rate Schedule LG–A Practice and Procedure (18 CFR 385.211 deem necessary to accept TCP’s tariff Service Agreement executed by NUI and and 18 CFR 385.214). All such motions sheet(s) to be effective November 2, Transco on September 30, 1998, to use or protests should be filed on or before 1998, without hearing. a portion of the capacity being October 21, 1998. Protests will be TCP states that copies of the filing terminated by PGE, and (2) to request considered by the Commission to were served upon TCP’s jurisdictional Commission authorization pursuant to Section 7(c) of the Commission’s determine the appropriate action to be customers, interested public bodies and regulations to provide increased service taken, but will not serve to make all parties to the proceeding. protestants parties to the proceedings. under Rate Schedule LG–A to NUI. Any person wishing to become a party Any person desiring to be heard or to Any person desiring to be heard or to must file a motion to intervene. Copies protest said filing should file a motion make any protest with reference to said of this filing are on file with the to intervene or a protest with the application should on or before October Commission and are available for public Federal Energy Regulatory Commission, 22, 1998, file with the Federal Energy inspection. 888 First Street, N.E., Washington, D.C. Regulatory Commission, Washington, Linwood A. Watson, Jr., 20426, in accordance with Sections DC 20426, a petition to intervene or a Acting Secretary. 385.214 or 385.211 of the Commission’s protest in accordance with the requirements of the Commission’s Rules [FR Doc. 98–27606 Filed 10–14–98; 8:45 am] Rules and Regulations. All such motions of Practice and Procedure (18 CFR BILLING CODE 6717±01±M or protests must be filed in accordance with Section 154.210 of the 385.214 or 385.211) and the Regulations Commission’s Regulations. Protests will under the Natural Gas Act (18 CFR DEPARTMENT OF ENERGY be considered by the Commission in 157.10). All protests filed with the determining the appropriate action to be Commission will be considered by it in Federal Energy Regulatory taken, but will not serve to make determining the appropriate action to be taken but will not serve to make the Commission protestants parties to the proceedings. protestants parties to the proceeding. [Docket No. RP99±72±000] Any person wishing to become a party Any person wishing to become a party must file a motion to intervene. Copies to a proceeding or to participate as a T C P Gathering Co.; Notice of Tariff of this filing are on file with the Filing party in any hearing therein must file a Commission and are available for public petition to intervene in accordance with October 8, 1998. inspection in the Public Reference the Commission’s Rules. Take notice that on October 5, 1998, Room. Take further notice that, pursuant to T C P Gathering Co. (TCP) tendered for Linwood A. Watson, Jr., the authority contained in and subject to filing as part of its FERC Gas Tariff, Acting Secretary. the jurisdiction conferred upon the Original Volume No. 1, the following [FR Doc. 98–27617 Filed 10–14–98; 8:45 am] Federal Energy Regulatory Commission tariff sheets to be effective November 2, by Sections 7 and 15 of the Natural Gas BILLING CODE 6717±01±M 1998: Act and the Commission’s Rules of 55382 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Practice and Procedure, a hearing will protest to the request. If no protest is Any person wishing to become a party be held without further notice before the filed within the time allowed therefor, must file a motion to intervene. Copies Commission or its designee on this the proposed activity shall be deemed to of this filing are on file with the application if no petition to intervene is be authorized effective the day after the Commission and are available for public filed within the time required herein, if time allowed for filing a protest. If a inspection in the Public Reference the Commission on its own review of protest is filed and not withdrawn Room. the matter finds that a grant of the within 30 days after the time allowed Linwood A. Watson, Jr., certificate is required by the public for filing a protest, the instant request Acting Secretary. conveyance and necessity. If a petition shall be treated as an application for [FR Doc. 98–27621 Filed 10–14–98; 8:45 am] for leave is timely filed, or if the authorization pursuant to Section 7 of BILLING CODE 6717±01±M Commission on its own motion believes the Natural Gas Act. that a formal hearing is required, further Linwood A. Watson, Jr., notice of such hearing will be duly Acting Secretary. DEPARTMENT OF ENERGY given. [FR Doc. 98–27610 Filed 10–14–98; 8:45 am] Federal Energy Regulatory Under the procedure provided for, BILLING CODE 6717±01±M unless otherwise advised, it will be Commission unnecessary for Transco to appear or be represented at the hearing. DEPARTMENT OF ENERGY [Docket No. RP98±76±003] Linwood A. Watson, Jr., Acting Secretary. Federal Energy Regulatory Williston Basin Interstate Pipeline [FR Doc. 98–27609 Filed 10–14–98; 8:45 am] Commission Company; Notice of Tariff Filing BILLING CODE 6717±01±M [Docket No. RP99±76±000] October 8, 1998. Take notice that on October 5, 1998, Viking Gas Transmission Company; Williston Basin Interstate Pipeline DEPARTMENT OF ENERGY Notice of Tariff Filing Company (Williston Basin), tendered for Federal Energy Regulatory October 8, 1998. filing as part of its FERC Gas Tariff, Commission Take notice that on October 5, 1998, Second Revised Volume No. 1, the Viking Gas Transmission Company following revised tariff sheets to become [Docket No. CP99±1±000] (Viking) tendered for filing as part of its effective October 1, 1998: Tuscarora Gas Transmission FERC Gas Tariff, First Revised Volume Revised Sheet Nos. 732–735 Company; Notice of Request Under No. 1, the tariff sheets listed on Revised Sheet Nos. 744–749 Appendix A to the filing, with a Blanket Authorization Williston Basin states that it is proposed effective date of November 2, resubmitting these revised tariff sheets October 8, 1998. 1998. in compliance with the October 2, 1998 Take notice that on October 1, 1998, Viking states that the purpose of this Letter Order issued by the Office of Tuscarora Gas Company, (Tuscarora), filing is to comply with the Pipeline Regulation, in Docket No. 1575 Delucchi Lane, Suite 225, Post Commission’s requirements set forth in RP98–76–002. Office Box 3057, Reno, Nevada 89520– Order No. 587–H, Standards for 3057, filed pursuant to Sections 157.205 Business Practices of Interstate Natural Williston Basin was informed that its and 157.211 of the Commission’s Gas Pipelines, Docket No. RM96–1–008 September 30, 1998 filing contained Regulations under the Natural Gas Act issued on July 15, 1998. Under Order duplicatively numbered tariff sheet (18 CFR 157.205, 157.211) for No. 587–H, the Commission adopted numbers. Williston Basin was advised authorization to acquire existing Gas Industry Standards Board (GISB) to resubmit such sheets, both in hard pipeline facilities currently being used standards 1.17–1.19, 1.2.8–1.2.12, copy and electronically, within one for the transportation of natural gas, all 1.3.39–1.3.44; modified GISB standards work day. as more fully set forth in the request that 1.3.2, 1.3.20, 1.3.22, 1.3.32; and deleted Any person desiring to protest this is on file with the Commission and open GISB standards 1.2.7, 1.3.10, and 1.3.12. filing should file a protest with the to public inspection. Viking states that copies of the filing Federal Energy Regulatory Commission, Specifically, Tuscarora requests have been mailed to all of its 888 First Street, NE, Washington, DC authorization for the acquisition of jurisdictional customers and to affected 20426, in accordance with Section approximately 26 miles of 6-inch state regulatory commissions. 385.211 of the Commission’s Rules and pipeline and appurtenant facilities Any person desiring to be heard or to Regulations. All such protests must be currently owned by U.S. Gypsum and protest said filing should file a motion filed as provided in Section 154.210 of used for the transportation of natural gas to intervene or a protest with the the Commission’s Regulations. Protests to its Empire Plant in Washoe County, Federal Energy Regulatory Commission, will be considered by the Commission Nevada. The purchase price for these 888 First Street, NE., Washington, DC in determining the appropriate action to facilities is listed at $1,600,000. 20426, in accordance with Sections be taken, but will not serve to make Any person or the Commission’s staff 385.214 or 385.211 of the Commission’s protestants parties to the proceedings. may, within 45 days after issuance of Rules and Regulations. All such motions Copies of this filing are on file with the the instant notice by the Commission, or protests must be filed in accordance Commission and are available for public file pursuant to Rule 214 of the with Section 154.210 of the inspection in the Public Reference Commission’s Procedural Rules (18 CFR Commission’s Regulations. Protests will Room. 385.214) a motion to intervene or notice be considered by the Commission in Linwood A. Watson, Jr., of intervention and pursuant to Section determining the appropriate action to be Acting Secretary. 157.205 of the Regulations under the taken, but will not serve to make [FR Doc. 98–27613 Filed 10–14–98; 8:45 am] Natural Gas Act (18 CFR 157.205) a protestants parties to the proceedings. BILLING CODE 6717±01±M Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55383

DEPARTMENT OF ENERGY December 17, 1997 in Pacific Gas and executed Mutual Netting Agreements for Electric Co., 81 FERC ¶ 61,320 (1997). allowing arrangements of amounts Federal Energy Regulatory The ISO states that this filing has been which become due and owing to one Commission served on all parties listed on the Party to be set off against amounts [Docket No. ER98±4512±000, et al.;] official service list in the above- which are due and owing to the other referenced dockets. Party with Salt River Project Consolidated Water Power Company, Comment date: October 20, 1998, in Agricultural Improvement and Power et al. accordance with Standard Paragraph E District, The Montana Power Trading & at the end of this notice. Marketing Company, and Hafslund Electric Rate and Corporate Regulation Energy Trading, L.L.C. 4. Wisconsin Electric Power Company Filings WWP requests waiver of the prior October 6, 1998. [Docket No. ER98–4659–000] notice requirement and requests an Take notice that the following filings Take notice that on October 1, 1998, effective date of September 1, 1998. have been made with the Commission: Wisconsin Electric Power Company Comment date: October 21, 1998, in (Wisconsin Electric), tendered for filing accordance with Standard Paragraph E 1. Consolidated Water Power Company an amendment to the unexecuted at the end of this notice. [Docket No. ER98–4512–000] electric service agreements filed in 8. Arizona Public Service Company Take notice that on October 1, 1998, Docket No. ER98–4659. Consolidated Water Power Company Wisconsin Electric again respectfully [Docket No. ER99–4–000] (CWPCo), 231 First Avenue, North, requests an effective date of August 29, Take notice that on October 1, 1998, Wisconsin Rapids, Wisconsin 54495– 1998, for the revised agreements to Arizona Public Service Company (APS), 8050, tendered for filing with the allow for economic transactions. tendered for filing Umbrella Service Commission a supplement to its Copies of the filing have been served Agreements to provide Firm and Non- application for authority to sell on the customer, the Michigan Public Firm Point-to-Point Transmission electricity for resale at market-based Service Commission, and the Public Service to B.C. Hydro Power Exchange rates. Service Commission of Wisconsin. (Powerex), under APS’’ Open Access A copy of this filing has been Comment date: October 21, 1998, in Transmission Tariff. provided to the Public Service accordance with Standard Paragraph E A copy of this filing has been served Commission of Wisconsin. at the end of this notice. on Powerex and the Arizona Comment date: October 21, 1998, in 5. The Washington Water Power Corporation Commission. accordance with Standard Paragraph E Company Comment date: October 21, 1998, in at the end of this notice. accordance with Standard Paragraph E [Docket No. ER99–1–000] at the end of this notice. 2. USGen New England, Inc. Take notice that on October 1, 1998, 9. Virginia Electric and Power the Washington Water Power Company [Docket Nos. EC98–66–000 and ER98–4705– Company 000] (WWP), tendered for filing with the Take notice that on September 30, Federal Energy Regulatory Commission [Docket No. ER99–5–000] 1998, USGen New England, Inc. pursuant to 18 CFR 35.13 an executed Take notice that on October 1, 1998, tendered for filing an application for Interconnection and Operating Virginia Electric and Power Company approval pursuant to Section 203 of the Agreement between WWP and (Virginia Power or the Company), Federal Power Act for a sale leaseback Clearwater Power Company. tendered for filing notice of cancellation of jurisdictional facilities associated Comment date: October 21, 1998, in effective November 16, 1998, of the with the Bear Swamp hydroelectric accordance with Standard Paragraph E service agreement with Vastar Power generating plant located on Deerfield at the end of this notice. Marketing, Inc., designated Service River in the towns of Rowe and Florida, 6. The Washington Water Power Agreement No. 63, under FERC Electric Massachusetts. Tariff Original Volume No. 4 filed with Comment date: November 5, 1998, in [Docket No. ER99–2–000] the Federal Energy Regulatory accordance with Standard Paragraph E Take notice that on October 1, 1998, Commission (Commission). at the end of this notice. The Washington Water Power Company The Company requests that the (WWP), tendered for filing with the Commission permit the termination of 3. California Independent System Federal Energy Regulatory Commission the Service Agreement to become Operator Corporation an executed Firm Point-to-Point Service effective November 16, 1998. [Docket Nos. ER98–1499–000; ER98–2113– Agreement under WWP’s Open Access Copies of the filing were served upon 002] Transmission Tariff, second revised Vastar Power Marketing, Inc., Southern Take notice that on September 30, Volume No. 8. Company Energy Marketing L.P., the 1998, the California Independent WWP requests an effective date of Virginia State Corporation Commission System Operator Corporation (ISO), October 1, 1998. and the North Carolina Utilities tendered for filing the executed Comment date: October 21, 1998, in Commission. Amendment No. 1, to the Meter Service accordance with Standard Paragraph E Comment date: October 21, 1998, in Agreement for ISO Metered Entities at the end of this notice. accordance with Standard Paragraph E at the end of this notice. between the Salt River Agricultural 7. Washington Water Power Company Improvement and Power District and [Docket No. ER99–3–000] 10. Public Service Company of New the ISO for acceptance by the Mexico Commission. The ISO states that this Take notice that on October 1, 1998, filing revises the Meter Service Washington Water Power, (WWP), [Docket No. ER99–6–000] Agreement for ISO Metered Entities, as tendered for filing with the Federal Take notice that on October 1, 1998, directed by the Commission, to comply Energy Regulatory Commission Public Service Company of New Mexico with the Commission’s order issued pursuant to 18 CFR Section 35.13, (PNM), tendered for filing an executed 55384 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices service agreement for electric power and Marketing Company under Idaho Power September 3, 1998, for the Service energy sales at negotiated rates under Company FERC Electric Tariff No. 5, Agreements. the terms of PNM’s Power and Energy Open Access Transmission Tariff. NYSEG has served copies of the filing Sales Tariff, with Oklahoma Gas & Idaho Power requests the Commission on the New York State Public Service Electric Energy Resources, Inc. (OGE accept this Service Agreement for filing, Commission and the Transmission Energy Resources, Inc.), dated designate an effective date of September Customers. September 3, 1998. 14, 1998 and a rate schedule number. Comment date: October 21, 1998, in PNM’s filing is available for public Comment date: October 21, 1998, in accordance with Standard Paragraph E inspection at its offices in Albuquerque, accordance with Standard Paragraph E at the end of this notice. New Mexico. at the end of this notice. Copies of the filing have been sent to 17. Ameren Services Company 14. Consumers Energy Company OGE Energy Resources, Inc., and to the [Docket No. ER99–13–000] [Docket No. ER99–10–000] New Mexico Public Utility Commission. Take notice that on October 1, 1998, Comment date: October 21, 1998, in Take notice that on October 1, 1998, Ameren Services Company (ASC), accordance with Standard Paragraph E Consumers Energy Company tendered for filing a Service Agreement at the end of this notice. (Consumers), tendered for filing an for Long-Term Firm Point-to-Point 11. Sierra Pacific Power Company executed Service Agreement for Transmission Service. ASC asserts that Network Integration Transmission the purpose of the Agreement is for ASC [Docket No. ER99–7–000] Service pursuant to Consumers’ Open when it takes transmission service for Take notice that on October 1, 1998, Access Transmission Service Tariff and itself in accordance with FERC Sierra Pacific Power Company (Sierra), a Network Operating Agreement with regulations, and pursuant to its Open filed a revision to the General Transfer Tenaska Power Services Company Access Transmission Tariff filed in Agreement (GTA) between Sierra and (Customer) with effective dates of Docket No. ER96–677–004. Bonneville Power Administration September 18, 1998. Comment date: October 21, 1998, in (ABPA). Comment date: October 21, 1998, in accordance with Standard Paragraph E Sierra states that the revision would accordance with Standard Paragraph E at the end of this notice. decrease the total monthly facilities at the end of this notice. charge from $134,556 to $133,922 to 18. South Carolina Electric & Gas 15. Consumers Energy Company reflect a change in the percentage of Company initial capital investment used to [Docket No. ER99–11–000] [Docket No. ER99–15–000] calculate the Estimated O&M Charge. Take notice that on October 1, 1998, Take notice that on October 1, 1998, Sierra requests that the increased Consumers Energy Company South Carolina Electric & Gas Company charge be made effective on October 31, (Consumers), tendered for filing an (SCE&G), submitted a service agreement 1998. executed Service Agreement for establishing Public Service Electric and Copies of this filing were served upon Network Integration Transmission Gas Company (PSEG) as a customer the Public Utilities Commission of Service pursuant to Consumers’ Open under the terms of SCE&G’s Negotiated Nevada, the Public Utilities Commission Access Transmission Service Tariff and Market Sales Tariff. of California, the Nevada Bureau of a Network Operating Agreement with Consumer Protection and Bonneville Tenneco Packaging (Customer) with SCE&G requests an effective date of Power Administration. effective dates of September 18, 1998. September 1, 1998. Accordingly, SCE&G Comment date: October 21, 1998, in Copies of the filed agreements were requests waiver of the Commission’s accordance with Standard Paragraph E served upon the Michigan Public notice requirements. at the end of this notice. Service Commission and the Customer. Copies of this filing were served upon Public Service Electric and Gas 12. Delmarva Power & Light Company Comment date: October 21, 1998, in accordance with Standard Paragraph E Company and the South Carolina Public [Docket No. ER99–8–000] at the end of this notice. Service Commission. Take notice that on October 1, 1998, Comment date: October 21, 1998, in 16. New York State Electric & Gas Delmarva Power & Light Company accordance with Standard Paragraph E Corporation (Delmarva), tendered for filing an at the end of this notice. executed umbrella service agreement [Docket No. ER99–12–000] 19. The Montana Power Company with Merchant Energy Group of the Take notice that on October 1, 1998, Americas, Inc., under Delmarva’s New York State Electric & Gas [Docket No. ER99–16–000] market rate sales tariff. Corporation (NYSEG), filed executed Take notice that on October 1, 1998, Delmarva requests an effective date of Network Service and Network Operating The Montana Power Company October 1, 1998. Agreements between NYSEG and both (Montana), tendered for filing with the Comment date: October 21, 1998, in Energetix, Inc., and Central Hudson Gas Federal Energy Regulatory Commission accordance with Standard Paragraph E & Electric Corporation. These pursuant to 18 CFR 35.13 a Network at the end of this notice. Agreements specify that the Integration Transmission Service Agreement with Commercial Energy of 13. Idaho Power Company Transmission Customers have agreed to the rates, terms and conditions of Montana (Commercial Energy), under [Docket No. ER99–9–000] NYSEG’s currently effective open access Montana’s FERC Electric Tariff, Second Take notice that on October 1, 1998, transmission tariff and other revisions to Revised Volume No. 5 (Open Access Idaho Power Company (IPC), tendered the OATT applicable to all customers Transmission Tariff). for filing with the Federal Energy who take service under its retail access A copy of the filing was served upon Regulatory Commission a Service program. Commercial Energy. Agreement for Non-Firm Point-to-Point NYSEG requests waiver of the Comment date: October 21, 1998, in Transmission Service between Idaho Commission’s 60-day notice accordance with Standard Paragraph E Power Company and El Paso Energy requirements and an effective date of at the end of this notice. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55385

20. Western Resources, Inc. 23. Baltimore Gas and Electric effects of rehabilitating and enlarging an [Docket No. ER99–17–000] [Docket No. ES98–49–000] existing project and has concluded that approval of the project, as proposed Take notice that on September 24, Take notice of that on October 1, with additional staff-recommended 1998, Baltimore Gas and Electric 1998, Western Resources, Inc., tendered measures, would not constitute a major Company (BGE) submitted an for filing an agreement between Western federal action significantly affecting the application, under Section 204 of the Resources and Cargill-Alliant, LLC. quality of the human environment. Western Resources states that the Federal Power Act, for authorization to Copies of the DEA are available for purpose of the agreement is to permit issue short-term debt, with not more review in the Public Reference Branch, the customer to take service under than $700 million aggregate principal Room 2–A, of the Commission’s offices Western Resources’ market-based power amount outstanding at any time, on or at 888 First Street, NE, Washington, DC sales tariff on file with the Commission. before December 31, 2000. 20426. Comment date: October 30, 1998, in The agreement is proposed to become Any comments should be filed within accordance with Standard Paragraph E effective September 4, 1998. 30 days from the date of this notice and at the end of this notice. Copies of the filing were served upon should be addressd to David P. Cargill-Alliant, LLC and the Kansas Standard Paragraphs Boergers, Secretary, Federal Energy Corporation Commission. E. Any person desiring to be heard or Regulatory Commission, 888 First Street Comment date: October 21, 1998, in to protest said filing should file a N.E., Room 1–A, Washington, DC 20426. accordance with Standard Paragraph E motion to intervene or protest with the Please affix ‘‘Gainer Dam Hydroelectric at the end of this notice. Federal Energy Regulatory Commission, Project No. 11282’’ to the top page of all comments. For any questions 21. Allegheny Power Service Corp., on 888 First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 concerning preparation of the DEA for Behalf of Monongahela Power Co., the this proposed action, please contact Lee Potomac Edison Company and West and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 Emery, E-mail address, Penn Power Company (Allegheny [email protected], or telephone Power) and 18 CFR 385.214). All such motions or protests should be filed on or before (202) 219–2779, Federal Energy [Docket No. ER99–18–000] the comment date. Protests will be Regulatory Commission, Office of Take notice that on October 1, 1998, considered by the Commission in Hydropower Licensing. Allegheny Power Service Corporation determining the appropriate action to be Linwood A. Watson, Jr., on behalf of Monongahela Power taken, but will not serve to make Acting Secretary. Company, The Potomac Edison protestants parties to the proceeding. [FR Doc. 98–27612 Filed 10–14–98; 8:45 am] Company and West Penn Power Any person wishing to become a party BILLING CODE 6717±01±M Company (Allegheny Power) filed must file a motion to intervene. Copies Supplement No. 4 to add two (2) new of these filings are on file with the Customers to the Market Rate Tariff Commission and are available for public DEPARTMENT OF ENERGY under which Allegheny Power offers inspection. Federal Energy Regulatory generation services. David P. Boergers, Commission Allegheny Power requests a waiver of Secretary. notice requirements to make service [FR Doc. 98–27666 Filed 10–14–98; 8:45 am] [Docket No. CP98±794±000] available as of September 30, 1998, to BILLING CODE 6717±01±P Commonwealth Edison Company and Northwest Pipeline Corporation; Notice Northeast Utilities Service Company. of Intent To Prepare an Environmental Assessment for the Proposed Fort Copies of the filing have been DEPARTMENT OF ENERGY Lewis/Chehalis Enhancement Project provided to the Public Utilities and Request for Comments on Commission of Ohio, the Pennsylvania Federal Energy Regulatory Environmental Issues Public Utility Commission, the Commission Maryland Public Service Commission, [Project No. 11282±001±RI] October 8, 1998. the Virginia State Corporation The staff of the Federal Energy Commission, the West Virginia Public Summit Hydropower, Incorporated; Regulatory Commission (FERC or Service Commission, and all parties of Notice of Availability of Draft Commission) will prepare an record. Environmental Assessment environmental assessment (EA) that will Comment date: October 21, 1998, in October 8, 1998. discuss the environmental impacts of accordance with Standard Paragraph E In accordance with the National the construction and operation of 9,400 at the end of this notice. Environmental Policy Act of 1969 and horsepower of temporary compression 22. USGen New England, Inc. the Federal Energy Regulatory and appurtenant facilities, proposed in Commission’s (Commission’s) the Fort Lewis/Chehalis Enhancement [Docket No. ER99–19–000] 1 regulations, 18 CFR Part 380 (Order No. Project. This EA will be used by the Take notice that on October 1, 1998, 486, 52 FR 47897), the Office of Commission in its decision-making USGen New England, Inc. tendered for Hydropower Licensing has reviewed the process to determine whether the filing power sales agreements associated application for an original license for project is in the public convenience and with service under its Rate Schedule the Gainer Dam Hydroelectric Project, necessity. FERC No. 1, as required by the located in the town of Scituate, This Notice of Intent is also being Commission in New England Power Providence County, Rhode Island, and mailed to adjacent landowners to the Company, et al., 82 FERC 61,179 (1998). has prepared a Draft Environmental 1 Northwest Pipeline Corporation’s application Comment date: October 21, 1998, in Assessment (DEA) for the project. In the was filed with the Commission under Section 7 of accordance with Standard Paragraph E DEA, the Commission’s staff has the Natural Gas Act and Part 157 of the at the end of this notice. analyzed the potential environmental Commission’s regulations. 55386 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices compressor station sites. If you are a Compressor Station in Lewis County, avoid impacts on the various resource landowner receiving this notice, you Washington; and areas. may be contacted by a pipeline • A temporary portable 4,700- Our independent analysis of the company representative about the horsepower Solar Centaur T4700S issues will be in the EA. Depending on acquisition of an easement to construct, turbine unit at the new Fort Lewis the comments received during the operate, and maintain the proposed Compressor Station located within the scoping process, the EA may be facilities. The pipeline company would Fort Lewis Military Reservation published and mailed to Federal, state, seek to negotiate a mutually acceptable Training Area 11 in the western half of and local agencies, public interest agreement. However, if the project is Section 14, Township 18 North, Range groups, interested individuals, affected approved by the Commission, that 3 East, Pierce County, Washington. landowners, newspapers, libraries, and approval conveys with it the right of The location of the project facilities is the Commission’s official service list for eminent domain. Therefore, if easement shown in appendix 3.2 If you are this proceeding. A comment period will negotiations fail to produce an interested in obtaining procedural be allotted for review if the EA is agreement, the pipeline company could information, please write to the published. We will consider all initiate condemnation proceedings in Secretary of the Commission. comments on the EA before we make accordance with state law. A fact sheet Land Requirements for Construction our recommendations to the addressing a number of typically asked Commission. questions, including the use of eminent No additional land would be required To ensure your comments are domain, is attached to this notice as for the proposed temporary compressor considered, please carefully follow the appendix 1.2 unit at the existing Chehalis Compressor instructions in the public participation Station. Construction of the proposed Summary of the Proposed Project section on page 4 of this notice. new Fort Lewis Compressor Station and Northwest Pipeline Corporation appurtenant facilities would require Currently Identified Environmental (Northwest) wants to construct and about 3.8 acres of land. Following Issues install temporary compressor units and construction, the Fort Lewis Compressor We have already identified two issues appurtenant facilities at the existing Station would be about a 2.1-acre fenced that we think deserve attention based on Chehalis Compressor Station and at a site. a preliminary review of the proposed proposed new Fort Lewis Compressor The EA Process facilities and the environmental Station. Northwest indicates that the information provided by Northwest. proposed project would supplement the The National Environmental Policy This preliminary list of issues may be existing permanent compression on Act (NEPA) requires the Commission to changed based on your comments and Northwest’s system and increase take into account the environmental our analysis. Northwest’s off-peak south flow impacts that could result from an action • One federally-listed species, the capacity through the Fort Lewis area by whenever it considers the issuance of a northern spotted owl, could be present as much as 75 Mdth/d to 130 Mdth/d, Certificate of Public Convenience and in the project area. depending upon upstream market Necessity. NEPA also requires us to • The project would affect about 3.4 conditions. discover and address concerns the acres in the western hemlock zone, a Northwest states that it now owns two public may have about proposals. We state GAP Analysis Project high portable Solar Centaur compressor units call this ‘‘scoping’’. The main goal of the conservation priority area. which are currently dedicated to scoping process is to focus the analysis temporarily replacing out-of-service in the EA on the important Public Participation permanent compressor units under environmental issues. By this Notice of You can make a difference by existing blanket certificate authority. In Intent, the Commission requests public providing us with your specific the instant application, Northwest comments on the scope of the issues it comments or concerns about the project. requests additional blanket authority to will address in the EA. All comments By becoming a commentor, your establish a secondary function for these received are considered during the concerns will be addressed in the EA portable compressor units. Northwest preparation of the EA. State and local and considered by the Commission. You requests blanket authority, with pre- government representatives are should focus on the potential granted abandonment, for temporary encouraged to notify their constituents environmental effects of the proposal, installation and operation of the existing of this proposed action and encourage alternatives to the proposal (including portable compressor units, one each at them to comment on their areas of alternative locations, and measures to the existing Chehalis Compressor concern. avoid or lessen environmental impact). Station and at the new Fort Lewis The EA will discuss impacts that The more specific your comments, the Compressor Station, but only when such could occur as a result of the more useful they will be. Please portable units are not needed for their construction and operation of the carefully follow these instructions to primary function of temporarily proposed project under these general ensure that your comments are received replacing out-of-service permanent headings: • in time and properly recorded: compressor units. Northwest seeks Geology and soils • authorization to install: • Water resources and wetlands Send two copies of your letter to: • A temporary portable 4,700- • Vegetation and wildlife David P. Boergers, Secretary, Federal horsepower Solar Centaur T4700S • Endangered and threatened species Energy Regulatory Commission, 888 turbine unit at the existing Chehalis • Land use First Street, NE., Room 1A Washington, • Cultural resources DC 20426; • 2 The appendices referenced in this notice are not • Air quality and noise Label one copy of the comments for being printed in the Federal Register. Copies are • Public safety the attention of the Environmental available from the Commission’s Public Reference We will also evaluate possible Review and Compliance Branch, PR– and Files Maintenance Branch, 888 First Street, NE, alternatives to the proposed project or 11.1 Washington, DC 20426, or call (202) 208–1371. • Copies of the appendices were sent to all those portions of the project, and make Reference Docket No. CP98–794– receiving this notice in the mail. recommendations on how to lessen or 000; and Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55387

• Mail your comments so that they location and times for the meeting and ENVIRONMENTAL PROTECTION will be received in Washington, DC on sets forth the tentative agenda topics. AGENCY or before November 12, 1998. The meetings are open to the public. [OPP±00549; FRL±6025±7] Becoming an Intervenor DATES: The SFIREG Working Committee on Water Quality and Pesticide Disposal Pesticides; Notice to Solicit Public In addition to involvement in the EA will meet on Monday, October 26, 1998, Comment on EPA's Proposal to scoping process, you may want to from 10:30 a.m. to 4:00 p.m. and Publish the Registration Division's become an official party to the Tuesday, October 27, 1998, from 8:30 Fiscal Year 1999 Workplan proceeding known as an ‘‘intervenor’’. a.m. to 12:00 noon. Intervenors play a more formal role in AGENCY: Environmental Protection ADDRESSES: The meeting will be held at: the process. Among other things, The Ronald Reagan National Airport Agency (EPA). intervenors have the right to receive Doubletree Hotel, 300 Army Navy Drive, ACTION: Notice. copies of case-related Commission Arlington-Crystal City, VA. documents and filings by other SUMMARY: EPA is soliciting comments intervenors. Likewise, each intervenor FOR FURTHER INFORMATION CONTACT: By on its proposal to publish the fiscal year must provide 14 copies of its filings to mail: Elaine Y. Lyon, Field and External 1999 (FY99) workplan for the the Secretary of the Commission and Affairs Division, Office of Pesticide Registration Division (RD) in keeping must send a copy of its filings to all Programs (7506C), Environmental with efforts to improve the transparency other parties on the Commission’s Protection Agency, 401 M St., SW., and flexibility in the pesticide service list for this proceeding. If you Washington, DC 20460. Office location registration process. The Agency is want to become an intervenor you must and telephone number: 1921 Jefferson inviting views on the possible benefits file a motion to intervene according to Davis Highway, Arlington-Crystal City, and disadvantages of making RD’s FY99 Rule 214 of the Commission’s Rules of VA 22202, Crystal Mall 2 (CM #2), (703) workplan publicly available. 305–5306, (fax) (703) 308–1850; e-mail: Practice and Procedure (18 CFR DATES: Written comments must be [email protected]. 385.214) (see appendix 2). Only received on or before November 16, intervenors have the right to seek SUPPLEMENTARY INFORMATION: The 1998. rehearing of the Commission’s decision. tentative agenda of the SFIREG Working ADDRESSES: By mail, submit written The date for filing timely motions to Committee on Water Quality and comments to: Public Information and intervene in this proceeding is on or Pesticide Disposal includes the Records Integrity Branch, Information before October 15, 1998. Parties seeking following: Resources and Services Division to file late interventions must show 1. Update on the Pesticide (7502C), Office of Pesticide Programs, good cause, as required by section Management Plan. Environmental Protection Agency, 401 385.214(b)(3), why this time limitation 2. Surface water issues. M St., SW., Washington, DC 20460. In should be waived. Environmental issues 3. Aquatic herbicide issues. person, deliver comments to: Rm. 119, have been viewed as good cause for late 4. Aquatic herbicides labeling CM #2, 1921 Jefferson Davis Highway, intervention. workgroup. Arlington, VA. You do not need intervenor status to 5. Drinking water levels of concern. Comments and data may also be have your environmental comments 6. Tolerance assessment impacts from submitted electronically to: opp- considered. Additional information water residues under FQPA [email protected]. Follow the about the proposed project is available implementation. instructions under Unit III. of this from M. Paul McKee of the 7. Office of Pesticide Programs and document. No Confidential Business Commission’s Office of External Affairs Office of Water coordination on water Information (CBI) should be submitted at (202) 208–1088. assessments and issues: Goals and an through e-mail. Linwood A. Watson, Jr., action plan. Information submitted as a comment Acting Secretary. 8. Use of immunoassay methods in concerning this document may be monitoring. claimed confidential by marking any [FR Doc. 98–27608 Filed 10–14–98; 8:45 am] 9. Update on pesticide disposal. BILLING CODE 6717±01±M part or all of that information as CBI. 10. National Environmental Information so marked will not be Performance Partnership System. disclosed except in accordance with 11. Status of Groundwater Restricted procedures set forth in 40 CFR part 2. ENVIRONMENTAL PROTECTION Rule. AGENCY A copy of the comment that does not 12. Reports from committee members. contain CBI must be submitted for [OPP±00556; FRL±6039±9] 13. Update from the Office of inclusion in the public record. Pesticide Programs. Information not marked confidential State FIFRA Issues Research and 14. Update from the Office of will be included in the public docket by Evaluation Group (SFIREG) Water Enforcement and Compliance EPA without prior notice. The public Quality and Pesticide Disposal Assurance. docket is available for public inspection Working Committee; Open Meeting 15. Other topics as appropriate. in Rm. 119 at the Virginia address given above, from 8:30 a.m. to 4 p.m., Monday AGENCY: Environmental Protection List of Subjects Agency (EPA). through Friday, excluding legal Environmental protection. holidays. ACTION: Notice. Dated: October 8, 1998. FOR FURTHER INFORMATION CONTACT: By SUMMARY: The State FIFRA Issues mail: Rick Keigwin, Registration Bruce A. Sidwell, Research and Evaluation Group Division (7505C), Office of Pesticide (SFIREG) Water Quality and Pesticide Acting Director, Field and External Affairs Programs, Environmental Protection Division, Office of Pesticide Programs. Disposal Working Committee will hold Agency, 401 M St., SW., Washington, a 2-day meeting, October 26 and 27, [FR Doc. 98–27673 Filed 10–14–98; 8:45 am] DC 20460. Office location and telephone 1998. This notice announces the BILLING CODE 6560±50±F number: Rm. 713, Crystal Mall #2, 1921 55388 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Jefferson Davis Highway, Arlington, VA, identified priorities (mainly IR-4 and II. Issues for Comment (703) 305–7618, fax: 703–305–6920, e- repeat Section 18s) and placed into The Agency would like to extend the mail: [email protected]. review. It was generally understood that transparency of the registration process. priority number 1 would be reviewed SUPPLEMENTARY INFORMATION: This Moreover, EPA believes that there are before priority number 2, and priority Federal Register notice announces the several benefits from publishing its number 2 before number 3, etc. PR Agency’s proposal to make RD’s FY99 annual pesticide registration workplan Notice 95-6 (October 1995) officially workplan publicly available in a PR and inviting public comment. A announced the new priority policy and Notice to be published in October 1998, transparent registration workplan would procedures, and requested that and solicit comments on this proposed allow opportunities for harmonization registrants submit their second round of action. If, after reviewing any of registration work with other pesticide five priorities (designated numbers 6- comments, EPA determines that changes regulatory agencies (e.g., California and 10). This round of priorities included to the PR Notice are warranted, the Canada), to share similar work and new active ingredients, new uses, and Agency would revise the draft PR Notice objectives, thereby saving precious before issuing it in final form. experimental use permits. The second resources. EPA also believes that The Agency proposes to increase the round yielded 332 registrant priorities extending the transparency of its transparency of the registration process which were blended with EPA process would provide important by publishing the RD’s proposed FY99 priorities. information to growers, crop workplan, and is inviting public input In April 1997, EPA issued PR Notice on the advantages as well as the consultants, researchers, states, the 97-2 requesting a third round of five general public, and other users. The disadvantages of making this priorities (designated numbers 11–15). information available. Agency would like to know of any other The action eligibility for this round was benefits of publishing its workplan and I. Background expanded to include inerts and non-fast whether there are any disadvantages to track amendments, including additional this approach. The registration of pesticides incentives to encourage more products (excluding antimicrobials and for minor uses, methyl bromide III. Public Record and Electronic biopesticides) is performed by the substitutes, and alternatives to certain Submissions Registration Division of the Office of organophosphates. Changes required in The official record for this action, as Pesticide Programs (OPP). Historically, the registration process by the Food the Agency has reviewed new well as the public version, has been Quality Protection Act have caused registration applications and tolerance established for this action under docket delays in completing the reviews for petitions based upon a system of ‘‘first control number ‘‘OPP–00549’’ priorities 1–10; and delays in the received, first reviewed.’’ In 1993, the (including comments and data scheduling of priorities 11–15. Agency switched its process for setting submitted electronically as described Registrants identified approximately the review queue to a points based below). A public version of this record, 600 actions for prioritization in system. Under this points based system, including printed, paper versions of response to PR Notice 97-2. RD assigned priority points of differing electronic comments, which does not values depending on the type of action Review of the registration process include any information claimed as CBI, (e.g. Section 18s = 75 points, reveals a diversity of priority needs: is available for inspection from 8:30 Experimental Use Permits = 15 points, there are statutory priorities such as a.m. to 4 p.m., Monday through Friday, New Active Ingredients = 10 points). minor use, me-too, and reduced risk excluding legal holidays. The official Priority points were also accrued for actions; registrants frequently submit record is located at the Virginia address ‘‘aging,’’ i.e., the longer a submission their top business priorities; the United in ‘‘ADDRESSES’’ at the beginning of remained in the Agency before being States Department of Agriculture this document. completed, the more priority points it (USDA) submits priorities on the basis Electronic comments can be sent accrued. Actions with the highest of crop/pest combinations; priorities for directly to EPA at: number of priority points were generally grower groups are channeled directly to [email protected] the first to be completed by each of the EPA or revealed by trends in section 18 requests; and priorities for public science review divisions. Some Electronic comments must be interest groups are frequently related to drawbacks to the priority point system submitted as an ASCII file avoiding the contemporary issues, such as include: difficulty in planning and use of special characters and any form identifying methyl bromide replacement predicting priorities; some registrant of encryption. Comment and data will chemicals and alternatives to certain priorities have not been completed in also be accepted on disks in organophosphate pesticides. order; little perceived incentive for the Wordperfect 5.1/6.1 or ASCII file registrants to submit comprehensive By publishing its proposed FY99 format. All comments and data in submissions; and poor reflection of registration workplan, the Agency electronic form must be identified by Agency resources allocated toward expects to extend the transparency and the docket control number ‘‘OPP– registration progress. predictability of the registration process. 00549.’’ Electronic comments on this Despite an increase in registration Based upon resource allocations for action may be filed online at many productivity, backlogs for some critical FY99, RD expects to make decisions on Federal Depository Libraries. registration actions remained. To approximately 15 new active address this concern and to create a ingredients and 75 (non-section 18) List of Subjects more efficient, predictable, and tolerance decisions. The Agency will Environmental protection, Pesticides. equitable review queue, in June of 1995, have set its workplan for FY99 by the Agency launched a pilot priority September 30, 1998, and proposes to Dated: October 2, 1998. system limiting the registrants to five publish the list of new chemical and James Jones, priorities of their choice. Using this new use candidates in October 1998. Director, Registration Division, Office of method, RD received approximately 170 When making the workplan public the Pesticide Programs priorities (designated numbers 1-5) Agency would exclude all confidential [FR Doc. 98–27706 Filed 10–14–98; 8:45 am] which were blended with Agency business information. BILLING CODE 6560±50±F Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55389

FEDERAL COMMUNICATIONS Service, 1231 20th Street, N.W., Definition of Who Qualifies as a COMMISSION Washington, DC 20036, by calling ITS at ‘‘Member’’ of a Membership (202) 857–3800 or faxing ITS at (202) Association. [DA 98±2045] 857–3805. Audio and video tapes of the Administrative Matters. En Bancs Regarding Telecom Mergers En Bancs may be purchased from PERSON TO CONTACT FOR INFORMATION: Infocus, 341 Victory Drive, Herndon, Mr. Ron Harris, Press Officer, AGENCY: Federal Communications VA 20170, by calling Infocus at (703) Telephone: (202) 694–1220. Commission. 834–0100 or by faxing Infocus at (703) Mary W. Dove, ACTION: Notice. 834–0111. Deputy Secretary of the Commission. Federal Communications Commission. SUMMARY: The Commission has released [FR Doc. 98–27811 Filed 10–13–98; 11:57 a Public Notice which announces two James D. Schlichting, am] En Bancs to discuss recent Acting Chief, Common Carrier Bureau. BILLING CODE 6715±01±M consolidation activities in the [FR Doc. 98–27788 Filed 10–14–98; 8:45 am] telecommunications industry, focusing BILLING CODE 6712±01±P on the proposed mergers between SBC FEDERAL MARITIME COMMISSION Communications, Inc. and Ameritech Corporation (CC Docket No. 98–141), FEDERAL ELECTION COMMISSION Ocean Freight Forwarder License AT&T Corp. and Tele-Communications, Applicants Inc. (CSB Docket No. 98–178), and Bell Sunshine Act Meeting Notice is hereby given that the Atlantic Corporation and GTE AGENCY: Federal Election Commission. following applicants have filed with the Corporation (CC Docket No. 98–184). FEDERAL REGISTER NUMBER: 98–25683. Federal Maritime Commission The purpose of these En Bancs is to applications for licenses as ocean freight PREVIOUSLY ANNOUNCED DATE & TIME: assist the Commission in determining forwarders pursuant to section 19 of the Thursday, October 1, 1998 10:00 A.M., whether these mergers are consistent Shipping Act of 1984 (46 U.S.C. app. with the goals of the 1996 Meeting Open to the Public. This Meeting Was Cancelled. 1718 and 46 CFR 510). Telecommunications Act, which Persons knowing of any reason why DATE & TIME: include promoting competition in Tuesday, October 20, 1998 any of the following applicants should telecommunications markets and at 10:00 A.M. not receive a license are requested to protecting the public interest. At the PLACE: 999 E Street, N.W., Washington, contact the Office of Freight Forwarders, first En Banc, the merger applicants will D.C. Federal Maritime Commission, discuss the details of their merger plans. STATUS: This Meeting Will Be Closed to Washington, DC 20573. At the second En Banc, other interested the Public. Milam Cargo, Inc., 7959 NW 21 Street, parties will discuss the proposed ITEMS TO BE DISCUSSED: Suite 102, Miami, FL 33122, Officers: mergers’ impact on telecommunications Compliance matters pursuant to 2 Richard E. Schuler, President, Jesus R. markets. U.S.C. § 437g. Pazos, Director DATES: The first En Banc will take place Audits conducted pursuant to 2 MetroFreight International, 6515 Blvd. on Thursday, October 22, 1998, from U.S.C. § 437g, § 438(b), and Title 26, East, West New York, NY 07093, 2:00 p.m. to 5:00 p.m. The second En U.S.C. Officer: Juan Holguin, President Banc will be scheduled at a later date. Matters concerning participation in KMC Intl, Inc., 5796 Edgar Tumbleston ADDRESSES: Both En Bancs will be held civil actions or proceedings or Road, Meggett, SC 29449, Officers: in the Commission Meeting Room arbitration. Karen M. Cummings, President, (Room 856) at 1919 M. Street, N.W., Internal personnel rules and Patricia A. Meyer, Vice President Washington, D.C. procedures or matters affecting a Fontana International Services, Inc., particular employee. FOR FURTHER INFORMATION CONTACT: 2569 NW 74 Avenue, Miami, FL Florence Grasso at 418–1579. DATE & TIME: Thursday, October 22, 1998 33122, Officer: Susanne Fontana, at 2:30 P.M. SUPPLEMENTARY INFORMATION: The En President Bancs are open to the public, and PLACE: 999 E Street, N.W., Washington, Gene International Inc., 2125 Center seating will be available on a first come, D.C. (Ninth Floor). Ave., Suite 300A, Fort Lee, NJ 07024, first served basis. The En Bancs will STATUS: This Meeting Will Be Open to Officers: Al S. Park, President, Yoon also be carried live on the Internet. the Public. S. Park, Secretary Internet users may listen to the real-time ITEMS TO BE DISCUSSED: Dated: October 8, 1998. audio feed of the En Bancs by accessing Correction and Approval of Minutes. Joseph C. Polking, the FCC Internet Audio Broadcast Home Advisory Opinion 1998–19: Jan Secretary. Witold Baran and Arthur L. Herold, Page. Step-by-step instructions on how [FR Doc. 98–27591 Filed 10–14–98; 8:45 am] to listen to the audio broadcast, as well counsels on behalf of Credit Union BILLING CODE 6730±01±M as information regarding the equipment National Association, et al. and software needed, are available on DATE & TIME: Thursday, October 22, 1998 the FCC Internet Audio Broadcast Home at 2:30 P.M. FEDERAL RESERVE SYSTEM Page. The URL address for this home Governor Pete Wilson’s and the Pete page is http://www.fcc.gov/realaudio/. Wilson for President Committee, Inc.’s Formations of, Acquisitions by, and A transcript of each En Banc will be Request for Additional Matching Mergers of Bank Holding Companies available 10 days after the event on the Funds—Proposed Statement of Reasons FCC’s Internet site. The URL address for on Petition for Rehearing. The companies listed in this notice the FCC’s Internet Home Page is http:/ Governor Pete Wilson’s and the Pete have applied to the Board for approval, /www.fcc.gov. Transcripts may be Wilson for President Committee, Inc.— pursuant to the Bank Holding Company obtained from the FCC’s duplicating Administrative Review of Repayment Act of 1956 (12 U.S.C. 1841 et seq.) contractor, International Transcription Determination. (BHC Act), Regulation Y (12 CFR Part 55390 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

225), and all other applicable statutes 2. Security Bank Holding Company of Analytical Support, Consumer and regulations to become a bank Employee Stock Ownership Plan, Coos Regulation Group) 101 Market Street, holding company and/or to acquire the Bay, Oregon, and Security Bank Holding San Francisco, California 94105-1579: assets or the ownership of, control of, or Company, Coos Bay, Oregon; to acquire 1. Banque Nationale de Paris, Paris, the power to vote shares of a bank or 100 percent of the Class B common France; to engage de novo through its bank holding company and all of the stock of the target, which will represent subsidiary, BNP Capital Markets, LLC, banks and nonbanking companies not less than 50.001 percent of the total New York, New York, in underwriting owned by the bank holding company, equity of Oregon State Bank, Corvallis, including the companies listed below. Oregon, (in organization). and dealing to a limited extent in all The applications listed below, as well types of debt securities (including, Board of Governors of the Federal Reserve without limitation, corporate debt as other related filings required by the System, October 8, 1998. securities, sovereign debt securities, and Board, are available for immediate Robert deV. Frierson, inspection at the Federal Reserve Bank debt securities convertible into equity Associate Secretary of the Board. indicated. The application also will be securities) and equity securities available for inspection at the offices of [FR Doc. 98–27634 Filed 10–14–98; 8:45 am] (including, without limitation, common the Board of Governors. Interested BILLING CODE 6210±01±F stock, preferred stock, American persons may express their views in Depositary Receipts, Global Depository writing on the standards enumerated in FEDERAL RESERVE SYSTEM Receipts, securities convertible into the BHC Act (12 U.S.C. 1842(c)). If the equity securities and options, other proposal also involves the acquisition of Notice of Proposals to Engage in direct and indirect equity ownership a nonbanking company, the review also Permissible Nonbanking Activities or interests in corporations and other includes whether the acquisition of the to Acquire Companies that are entities, warrants and other rights nonbanking company complies with the Engaged in Permissible Nonbanking issued in connection with the above standards in section 4 of the BHC Act. Activities securities, and other rights issued by Unless otherwise noted, nonbanking close-end investment companies, but activities will be conducted throughout The companies listed in this notice not including ownership interests in the United States. have given notice under section 4 of the Unless otherwise noted, comments Bank Holding Company Act (12 U.S.C. open-end investment companies); See regarding each of these applications 1843) (BHC Act) and Regulation Y, (12 e.g. Societe Generale, 84 Fed. Res. Bull. must be received at the Reserve Bank CFR Part 225) to engage de novo, or to 680 (1998); in underwriting and dealing indicated or the offices of the Board of acquire or control voting securities or in bank-eligible securities, pursuant to § Governors not later than November 6, assets of a company, including the 225.28(b)(8)(i) of Regulation Y; in acting 1998. companies listed below, that engages as private placement agent, pursuant to A. Federal Reserve Bank of St. Louis either directly or through a subsidiary or § 225.28(b)(7)(iii) of Regulation Y; in (Randall C. Sumner, Vice President) 411 other company, in a nonbanking activity acting as a riskless principal, pursuant Locust Street, St. Louis, Missouri 63102- that is listed in § 225.28 of Regulation to § 225.28(b)(7)(ii) of Regulation Y; in 2034: Y (12 CFR 225.28) or that the Board has acting as investment or financial advisor 1. First Banks, Inc., Creve Coeur, determined by Order to be closely to any person, pursuant to § 225.28(b)(6) Missouri, and its subsidiary, First Banks related to banking and permissible for of Regulation Y; in brokerage activities, America, Inc., Creve Coeur, Missouri; to bank holding companies. Unless pursuant to § 225.28(b)(7)(i) of acquire 100 percent of the voting shares otherwise noted, these activities will be Regulation Y; in providing transactional of Redwood Bancorp, San Francisco, conducted throughout the United States. services as agent with respect to a broad California, and thereby indirectly Each notice is available for inspection range of foreign exchange and acquire Redwood Bank, San Francisco, at the Federal Reserve Bank indicated. derivatives instruments, pursuant to § California. The notice also will be available for 225.28(b)(7)(v) of Regulation Y; in acting B. Federal Reserve Bank of Dallas inspection at the offices of the Board of as principal in foreign exchange and (W. Arthur Tribble, Vice President) 2200 Governors. Interested persons may certain derivatives transactions, North Pearl Street, Dallas, Texas 75201- express their views in writing on the 2272: question whether the proposal complies pursuant to § 225.28(b)(8)(ii) of 1. Aberdeen Financial Corporation, with the standards of section 4 of the Regulation Y; in making, acquiring, Sierra Blanca, Texas, and Aberdeen BHC Act. brokering or servicing loans or other Financial Intermediate Holding Unless otherwise noted, comments extensions of credit, pursuant to § Company, Inc., Wilmington, Delaware; regarding the applications must be 225.28(b)(1) of Regulation Y; in asset to become bank holding companies by received at the Reserve Bank indicated management, servicing and collection of acquiring 90 percent of the voting shares or the offices of the Board of Governors assets of a type that an insured of Bank of Sierra Blanca, Sierra Blanca, not later than October 28, 1998. depository institution may originate and Texas. A. Federal Reserve Bank of Boston own, pursuant to § 225.28(b)(2)(vi) of C. Federal Reserve Bank of San (Richard Walker, Community Affairs Regulation Y; and acquiring debt that is Francisco (Maria Villanueva, Manager Officer) 600 Atlantic Avenue, Boston, in default at the time of acquisition, of Analytical Support, Consumer Massachusetts 02106-2204: pursuant to § 225.28(b)(2)(vii) of Regulation Group) 101 Market Street, 1. Machias Bancorp, MHC, and Regulation Y. San Francisco, California 94105-1579: Machias Bancorp, Inc., both of Machias, 1. Columbia Bancorp, The Dalles, Maine; to acquire M&M Consulting, Board of Governors of the Federal Reserve Oregon; to acquire 100 percent of the LLC, Bangor, Maine, and thereby engage System, October 8, 1998. voting shares of Valley Community in consulting services to a number of Robert deV. Frierson, Bancorp, McMinneville, Oregon, and financial institutions, pursuant to § Associate Secretary of the Board. thereby indirectly acquire Valley 225.28(b)(9) of Regulation Y. [FR Doc. 98–27635 Filed 10–14–98; 8:45 am] Community Bank, McMinneville, B. Federal Reserve Bank of San BILLING CODE 6210±01±F Oregon. Francisco (Maria Villanueva, Manager Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55391

FEDERAL TRADE COMMISSION persons contemplating certain mergers The following transactions were or acquisitions to give the Federal Trade granted early termination of the waiting Granting of Request for Early Commission and the Assistant Attorney period provided by law and the Termination of the Waiting Period General advance notice and to wait premerger notification rules. The grants Under the Premerger Notification designated periods before were made by the Federal Trade Rules consummation of such plans. Section Commission and the Assistant Attorney 7A(b)(2) of the Act permits the agencies, General for the Antitrust Division of the Section 7A of the Clayton Act, 15 in individual cases, to terminate this Department of Justice. Neither agency U.S.C. 18a, as added by Title II of the waiting period prior to its expiration intends to take any action with respect Hart-Scott-Rodino Antitrust and requires that notice of this action be to these proposed acquisitions during Improvements Act of 1976, requires published in the Federal Register. the applicable waiting period.

TRANSACTION GRANTED EARLY TERMINATION

ET date Trans num ET req status Party name

14±SEP±98 ...... 19983942 G STAR Telecommunications, Inc. G Samer Tawfik. G PT±1 Communications, Inc. 19984390 G CMS Holding Company II. G Linsalata Capital Partners Fund II, L.P. G Hartzel Manufacturing, Inc. 19984405 G O. Bruton Smith. G Dennis D. Higginbotham, as Trustee. G Halifax Ford-Mercury, Inc. G Higginbotham Chevrolet-Oldsmobile. G Higginbotham Automobiles, Inc. G HMC Finance. G Higginbotham Jeep-Eagle, Inc. G Sunrise Auto World. 19984441 G Sterling Software, Inc. G Cayenne Software, Inc. G Cayenne Software, Inc. 19984451 G UNOVA, Inc. G Cincinnati Milacron Inc. G Cincinnati Milacron Inc. G Cincinnati Milacron U.K. 19984463 G Emerson Electric Co. G PCX Corporation. G PCX Corporation. 19984471 G Golden Sky Holdings, Inc. G Sharon J. Lundgren. G Volconao Vision, Inc. 19984473 G Whitney Equity Partners, L.P. G SpectraSite Holdings, Inc. G SpectraSite Holdings, Inc. 19984474 G Kenneth A. Hoffman. G Victor E. Salvino. G 7±S Corporation. 1998491 G Century Business Services, Inc. G Beall, Garner, Screen & Geare, Inc. G Beall, Garner, Screen & Geare, Inc. 19984522 G CACI International Inc. G Ques Tech, Inc. 19984522 G Ques Tech, Inc. 19984529 G Alfred I. duPont Testamentary Trust. G Goodman-Segar-Hogan-Hoffler, L.P. G Goodman-Segar-Hogan-Hoffler, L.P. 15±SEP±98 ...... 19984389 G Bel Fuse, Inc. G Lucent Technologies, Inc. G Lucent Technologies, Inc. 19984400 G Brian L. Roberts. G Glenn R. Jones. G Jones Intercable, Inc. G Jones Education Company. G Jones Entertainment Group, Ltd. 19984448 G Jefferson Health System, Inc. G Frankford Health Care System, Inc. G Frankford Health Care System, Inc. 19984457 G Quorum Health Group, Inc. G Columbia/HCA Healthcare Corporation. G Medical Center of Baton Rouge, Inc. G Hospital Development Property, Inc. 19984477 G GenCorp, Inc. G Norman E. Alexander. 55392 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

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G Sequa Chemicals, Inc. 19984485 G Thermo Electron Corporation. G Howard A. Laffler. G LNR Communications, Inc. 19984486 G Thermo Electron Corporation. G John D. Miller. G LNR Communications, Inc. 19984487 G Thermo Electron Corporation. G Scott T. Jones. G LNR Communications, Inc. 19984489 G George S. Hofmeister. G Raul Casares and Nancy B. Casares. G RC Aluminum Industries, Inc. 19984495 G Frederik Johannes Diederik Goldschmeding. G AccuStaff Incorporated. G Office Specialists, Inc. G Staffing Resources, Inc. G Matthews Professional Employment Specialists, Inc. G CGS Services, Inc. G CHI Financial Services, Inc. G Mind Sharp Learning Centers, Inc. G The Richard Michael Group, Inc. 19984495 G Staffing Resources (SC), Inc. G Staff-Additions, Inc. G Career Horizons Government Services, Inc. G CH Payroll Services, Inc. G Temp Force, Inc. G Temps & Co. Services, Inc. G Dail A Temporary Services, Inc. G Century Temporary Services, Inc. G PL Services, Inc. G People Systems, Inc. G CHI Services, Inc. G HR Management Services, Inc. G Training Delivery Services, Inc. G Firstaff, Inc. G Temps America, Inc. 19984496 G McKesson Corporation. G Automated Prescription Systems, Inc. G Automated Prescription Systems, Inc. 19984497 G Illinois Tool Works, Inc. G Binks Sames Corporation. G Binks Sames Corporation. 19984498 G LaSalle Partners Incorporated. G Lend Lease Corporation Limited. G Compass Management and Leasing, Inc. G ERE Yarmouth Retail, Inc. 19984500 G AB Volvo. G Arrow Truck Sales, Inc. G Arrow Truck Sales, Inc. 19984503 G Trinity Industries, Inc. G McConway & Torley Employee Stock Ownership Pla. G MCT Holdings, Inc. 19984504 G Charles T. Condy. G Entergy Corporation. G Efficient Solutions, Inc. 19984509 G Suez Lyonnaise des Eaux, Societe Generale de Belgique. G Hanson PLC. G BMS Holdings, Inc. 19984510 G Transition Systems, Inc. G Warburg Pincus Investors LP. 19984510 G HealthVISION, Inc. 19984512 G Norcross Safety Products L.L.C. G Siebe plc. G Siebe North Holdings Corp. 19984517 G Nortek, Inc. G NAPCO, Inc. G NAPCO, Inc. 19984518 G The 1998 Confederation Trust. G Wickland Investment, L.P. G Wickland Oil Martinez, L.P. 19984523 G Associates First Capital Corporation. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55393

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G Textron Inc. G Avco Financial Services, Inc., and 87 Subsidaries. 19984528 G Nortek, Inc. G NVP, Inc. G NVP, Inc. 19984530 G Harbour Group Investments III, L.P. G Eli Jacobs. G Arkansas General Industries, Inc. 19984534 G ASCo Group plc. G Frank L. Levy. G L&L Oil Company, Inc. 19984537 G First Union Corporation. G Pneumafil Corporation. G Pneumafil Corporation. 19984543 G Crane Co. G The Dow Chemical Company. G The Dow Chemical Company. 19984548 G NKT Holding A/S. G Aktiebolaget Electrolux. G White Consolidated Industries, Inc. 19984551 G McKesson Corporation. G Richard A. Hess. G Ephrata Diamond Spring Water Company. 19984565 G Linsalata Capital Partners Fund III, L.P. G Evan R. Corns. G America's Body Company, Inc. 19984575 G Service Stations Partners, L.P. G Food-N-Fuel, Inc. G Food-N-Fuel, Inc. 19984576 G Gerald W. Schwartz. G Masayoshi Son. G Upgrade Corporation of america d/b/a SOFTBANK Serv- ices Group. 19984586 G George S. Hofmeister. G Fisher Holdings, Inc. G Fisher Holdings, Inc. 16±SEP±98 ...... 19984258 G AGCO Corporation. G Cargill, Incorporated. G Cargill, Incorporated. 17±SEP±98 ...... 19984501 G Merrill Lynch & Co., Inc. G Howard Johnson & Co., Inc. G Howard Johnson & Co., Inc. 19984502 G The Valspar Corporation. G Dexter Corporation. G Dexter Corporation. 19984544 G Transamerica Corporation. G HomeGold Financial, Inc. G HomeGold Financial, Inc. 19984567 G Glenn R. Jones. G Cable TV Fund 12±D, Ltd. G Cable TV Fund 12±BCD Venture. 19984573 G MJD Communications, Inc. G George C. Twombly. G Utilities, Inc. 21±SEP±98 ...... 19984467 G Emerson Electric Co. G BCE Inc. G Northern Telecom Limited. G Northern Telecom Industries Sdn. Bhd. 19984479 G Scott A. Beck. G Hollywood Entertainment Corporation. G Hollywood Entertainment Corporation. 19984483 G Morgan Stanley Dean Witter & Co. G Morgan Stanley Capital International Inc. G Morgan Stanley Capital International Inc. 19984524 G The Cleveland Clinic Foundation. G Health Hill Hospital for Children. G Health Hill Hospital for Children. 19984539 G Carl C. Icahn. G Stratosphere Corporation. G Stratosphere Corporation. 19984563 G Temple-Inland Inc. G MacMillan Bloedel Limited. 55394 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

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G MacMillan Bloedel Clarion Limited Partnership. 19984570 G Chancellor Media Corporation. G ML Media Partners, L.P. G WINCOM Broadcasting Corporation. 19984591 G The News Corporation Limited. G Mr. Keith Rupert Murdoch. G Fox Entertainment Group, Inc. 19984592 G The News Corporation Limited. G Mr. Haim Saban. G Fox Family Worldwide, Inc. 19984593 G Genstar Capital Partners II, L.P. G Donald M. Soenen. G Sensors, Inc. 19984595 G Champion Enterprises, Inc. G Arthur Richter and Sharon Richter. G Art Richter Insurance, Inc. G Trading Post Mobile Home, Inc. 19984598 G DPC Enterprises, L.P. G Koninklijke Pakhoed N.V., a Netherlands company. G Van Waters & Rogers Inc. 19984600 G Chancellor Media Corporation. G Xenophon Zapis. G Zapis Communications Corporation. 19984603 G VNU N.V. G SCI±BV Holdings, Inc. G SCI±BV Holdings, Inc. 19984608 G Osborne Jay Call. G Participating Income Properties II, L.P. G Participating Income Properties II, L.P. 19984609 G Osborne Jay Call. G Participating Income Properties 1986, L.P. G FFCA/PIP 1986 Property Company. 19984612 G George S. Hofmeister. G Glassalum International Corporation. G Glassalum International Corporation. 19984615 G Western Resources, Inc. G Centex Corporation. G Advanced Protection Systems, Inc. 22±SEP±98 ...... 19983647 G Tenneco Inc. G Champion International Corporation. G Champion International Corporation. 19984439 G Sinai Health System, Inc. G Northwest Health System, Inc. G Northwest Health System, Inc. 19984472 G TSR Paging Inc. G AT&T Corp. G AT&T Two-Way Messaging Communications, Inc. 19984478 G Media/Communications Partners III Limited Partners. G Brad A. Evans. G BRE Communications, L.L.C. 19984505 G Mr. Carlos Peralta. G The Mead Corporation. G Meak Ink Products. 19984536 G Diageo PLC. G H.J. Heinz Company. G Heinz Baker Products, Inc. 19984585 G First Reserve Fund VII, L.P. G National-Oilwell, Inc. G National-Oilwell, Inc. 19984587 G First Reserve Fund VIII, Limited Partnership. G National-Oilwell, Inc. G National-Oilwell, Inc. 19984606 G Bergen Brunswig Corporation. G George W. Ransdell. G Ransdell Surgical, Inc. 19984616 G Bradford T. Whitmore. G Stratosphere Corporation. G Stratosphere Corporation. 19984618 G Stephen A. Grove. G Joseph J. Lal. G Pacific Apple Foods Corporation. G Pacific Apple Oregon, Inc. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55395

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G Pacific Apple California, Inc. 19984620 G The Chase Manhattan Corporation. G U.S.I. Holdings Corporation. G U.S.I. Holdings Corporation. 19984622 G Geotek Communications, Inc. G Paging Network, Inc. G Paging Network of America, Inc. 19984623 G Credito Italiano SpA. G Unicredito SpA. G Banca CRT SpA. 19984625 G Nu Skin Enterprises, Inc. G Generation Health Holdings, Inc. G Generation Health Holdings, Inc. 19984626 G CRH plc. G Slusser Brothers Trucking & Excavating Co., Inc. G Slusser Brothers Trucking & Excavating Co., Inc. 19984627 G Jacor Communications, Inc. G Amador S. and Rosalie L. Bustos. G KZSF Broadcasting, Inc. 19984632 G Paging Network, Inc. G Geotek Communications, Inc. G Geotek Communications, Inc. 19984635 G Consolidated Graphics, Inc. G Automated Graphics Systems, Inc. G Automated Graphics Systems, Inc. 19984636 G Dole Food Company, Inc. G Juan Pablo Rodriguez. G Colombian Carnations, Inc. 19984637 G Mr. John Fanning. G COMFORCE Corporation. G COMFORCE Corporation. 19984640 G DVI, Inc. G Irwin Financial Corporation. G Affiliated Capital Corp. 19984646 G Anthony A. Marnell II. G Harrah's Entertainment, Inc. G Harrah's Entertainment, Inc. 19984647 G Welsh, Carson, Anderson & Stowe VIII, L.P. G CCW Acquisition Corp. G CCW Acquistion Corp. 19984648 G Welsh, Carson, Anderson & Stowe VII, L.P. 19984648 G CCW Acquisition Corp. G CCW Acquisition Corp. 19984649 G WCAS Capital Partners III, L.P. G CCW Acquisition Corp. G CCW Acquisition Corp. 19984651 G I.C.H. Corporation G LR Holdings, Inc. G Lyon's Restaurants, Inc. 19984656 G Service Partners, LLC G Mr. Ruskin A. Vest, Jr. G Fiberfoil Insulation Company, Inc. G Vest Insulation, Inc. G Industrial Products Transport, Inc. G Industrial Products Co. Inc. 19984658 G Solectron Corporation G Mitsubishi Electric Corporation G Mitsubishi Consumer Electronics America, Inc. 19984661 G Snyder Communications, Inc. G Peter A. Trost G Response Marketing Group, Inc. 19984662 G Peter A. Trost G Snyder Communications, Inc. G Snyder Communications, Inc. 19984663 G Snyder Communications, Inc. G B. Stuart Holt, III G Response Marketing Group, Inc. 19984664 G B. Stuart Holt, III G Snyder Communications, Inc. G Synder Communications, Inc. 19984666 G ResortQuest International, Inc. G Abbott Realty Services, Inc. Tops'1 Sales Group, Inc 55396 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

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G Abbott Realty Services, Inc. Tops'1 Sales Group, Inc 19984678 G WorldCorp, Inc. G Atlas Die, Inc. G Atlas Die, Inc. 19984681 G Avery Dennison Corporation G Charles H. and Helen J. Krauss G Spartan International, Inc. 23±SEP±98 ...... 19984384 G Flowers Industries, Inc. G President Enterprises Corp., a Taiwanese corporation. G Presidential International Trade and Investment Corpora- tion. 19984419 G Alexian Brothers of America, Inc. G Columbia/HCA Healthcare Corporation. G Suburban Medical Center at Hoffman Estates, Inc. 19984555 G Cadence Design Systems, Inc. G Ambit Design System, Inc. G Ambit Design System, Inc. 19984597 G STERIS Corporation. G Simunico Partners, L.P. G Hausted, Inc. 19984695 G Tenet Healthcare Corporation. G Allegheny Health, Education and Research Foundati. G Allegheny Health, Education and Research Foundation. G Allegheny Univ. of the Health Sciences. 24±SEP±98 ...... 19984404 G Waste Management, Inc. G Bruce Leven. G RST Disposal Co. Inc., Nick Raffo Garbage Co. Inc., al 19984566 G Adventist Health System Sunbelt Healthcare Corporation. G Columbia/HCA Healthcare Corporation. G Columbia/HCA Healthcare Corporation. 25±SEP±98 ...... 19984381 G Proffitt's Inc. G W.D. Company, Inc. G Mercantile Stores Company, Inc. G Dillard's Inc. 19984429 G Green Bay Packaging, Inc. G Paul Walker. G Valley Packaging Corp. 19984449 G Elf Aquitaine, S.A. G E.l. du Pont de Nemours and Company. G E.l. du Pont de Nemours and Company. 19984516 G The Robert Rosenkranz Trust. G Christopher M. Whitt. G Air Systems, Inc. 19984520 G Carl C. Icahn. G Becker Gaming, Inc. G Arizona Charlies, Inc. 19984569 G Chancellor Media Corporation. G Independent Group Limited Partnership. G Independent Group, Inc. 19984601 G CRH plc. G Stanford M. Adelstein. G Hills Materials Company. 19984602 G The Dai-Ichi Kangyo Bank, Limited. G Electronic Data Systems Corporation. G Electronic Data Systems Corporation. 19984607 G Fenway Partners Capital Fund II, L.P. G Simmons Holdings, Inc. G Simmons Holdings, Inc. 19984634 G Welsh, Carson, Anderson & Stowe, VIII, L.P. G Century Communications Corp. G Centennial Cellular Corp. 19984639 G John J. Rigas. G Tele-Communications, Inc. G TCID±SVHH, Inc. 19984644 G MarineMax, Inc. G John R. Moore, III. G Treasure Cove Marina, Inc. 19984653 G ARBY Broadcast Partners III, L.P. G DMA Holdings Statutory Trust. G Audio Communications Network, Inc. 19984655 G Thomas Lord Trust. G Robert R. Meyer. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55397

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G Thermoset Plastics, Inc. 19984667 G Jones Apparel Group, Inc. G Eric A. Rothfeld. G Sun Apparel, Inc. 19984668 G Eric A. Rothfeld. G Jones Apparel Group, Inc. G Jones Apparel Group, Inc. 19984669 G Carey International, Inc. G Geroge Jacobs. G American Limousine Partners Inc. G Airport Limousine Repair Service, Inc. 19984690 G American Tower Corporation. G Richard H. Stewart. G Wauka Communications, Inc. G Grid Site Services, Inc. 19984691 G Mind Spring Enterprises, Inc. G American Online, Inc. G Spry, Inc. 19984701 G Journal Communications, Inc. G Great Empire Broadcasting, Inc. G Great Empire Broadcasting, Inc. 19984708 G Associated Grocers Incorporated. G Fleming Companies, Inc. G Fleming Companies, Inc. 19984717 G Morgan Stanley Dean Witter & Co. G Toy Biz, Inc. G Toy Biz, Inc. 19984716 G Triton PCS Holdings, Inc. G AT&T Corp. G AT&T Wireless Services, Inc. 19984719 G Citizens Utilities Company. G Rhinelander Telecommunications, Inc. G Rhinelander Telecommunications, Inc. 19984747 G General Electric Company. G Pitney Bowes, Inc. G Colonial Pacific Leasing Corporation. 19984762 G MBNA Corporation. G The Royal Bank of Scotland Group plc. G Citizens Bank New Hampshire. G Citizens Bank of Rhode Island. 19984768 G Pittway Corporation. G Glenn Fischer. G KingAlarm Distributors, Inc.

FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND Safety and Health (NIOSH) has Sandra M. Peay or Parcellena P. HUMAN SERVICES developed the world’s largest and most Fielding, Contact Representatives, comprehensive bibliographic database Federal Trade Commission, Premerger Centers for Disease Control and of occupational safety and health Notification Office, Bureau of Prevention literature (NIOSHTIC Database). The Competition, Room 303, Washington, database is a mature product that is well Government-Owned Trademark; D.C. 20580, (202 326–3100. Availability for Licensing respected in the field of occupational By Director of the Commission. health and safety and has proven AGENCY: Centers for Disease Control and commercial viability. NIOSH is now Donald S. Clark, Prevention, Office of Technology seeking offers from organizations Secretary. Transfer, Department of Health and interested in assuming control and [FR Doc. 98–27677 Filed 10–14–98; 8:45 am] Human Services. responsibility for the future BILLING CODE 6750±01±M ACTION: Notice: The NIOSHTIC development, maintenance and Trademark named in this notice is marketing of the NIOSHTIC Database owned by the United States Government through a trademark licensing and is available for licensing in the agreement. United States (U.S.) in accordance with ADDRESSES: Licensing proposals can be 35 U.S.C. 207 to achieve expeditious commercialization of results of federally sent to Thomas E. O‘Toole, M.P.H., funded research and development. Deputy Director, Technology Transfer Office, Centers for Disease Control and SUMMARY: In the last 25 years, the Prevention (CDC), Mailstop E–67, 1600 National Institute for Occupational Clifton Road, Atlanta, Georgia 30333, 55398 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices telephone (404) 639–6270; facsimile 2. Market NIOSHTIC Database so ADDRESSES: Written comments and (404) 639–6266. that it is available to the international petitions should be directed to the occupational safety and health Dockets Management Branch (HFA– A. CDC, NIOSH Is Offering community: The Licensee must make 305), Food and Drug Administration,  1. Exclusive use of the NIOSHTIC NIOSHTIC Database available world- 5630 Fishers Lane, rm. 1061, Rockville, Database name in relation to the wide in a variety of forms such as on- MD 20852. production of the database: The line, CD–ROM, and/or the Internet using FOR FURTHER INFORMATION CONTACT: Licensee will have unlimited use of the the NIOSHTIC Trademark.  Brian J. Malkin, Office of Health Affairs NIOSHTIC Trademark for product 3. Provide multiple point, free, and (HFY–20), Food and Drug identification and promotion. unlimited access to NIOSH employees Administration, 5600 Fishers Lane, 2. Control of the current NIOSHTIC for all products resulting from this Rockville, MD 20857, 301–827–6620. Database master file: NIOSH will licensing agreement: NIOSH research SUPPLEMENTARY INFORMATION: The Drug provide the Licensee with a copy of the and information staff must have access  Price Competition and Patent Term NIOSHTIC Database master file as it to what will remain the world’s largest currently exists. The Licensee may Restoration Act of 1984 (Pub. L. 98–417) and most comprehensive bibliographic and the Generic Animal Drug and Patent reformat the data, and add or delete database of occupational safety and fields, provided that the integrity of the Term Restoration Act (Pub. L. 100–670) health information. generally provide that a patent may be file is maintained or enhanced. 4. Allow NIOSH representation on extended for a period of up to 5 years 3. The authority and responsibility to any editorial or policy board for the so long as the patented item (human the licensee to negotiate future database: A NIOSH representation drug product, animal drug product, agreements with all vendors, and should serve on any editorial or policy medical device, food additive, or color entitlement to collect fees to maintain board established for the NIOSHTIC additive) was subject to regulatory the database: Licensee will have the Database to ensure that the Institute’s review by FDA before the item was option to use existing vendor interests are considered. agreements until they expire, or to 5. Provide sufficient royalties to cover marketed. Under these acts, a product’s terminate (i.e., after a 90-day notice) NIOSH’s expenses for meeting travel, regulatory review period forms the basis existing agreements and establish new orientation to the product, consultation for determining the amount of extension agreements. on policy issues or oversight activity as an applicant may receive. A regulatory review period consists of 4. An electronic copy of all NIOSH desired by either party: NIOSH believes two periods of time: A testing phase and materials generated for the NIOSHTIC– that the overwhelming majority of an approval phase. For human drug 2 database: NIOSH will provide an revenue generated should be reinvested products, the testing phase begins when electronic copy of all citations created in the development and maintenance of the exemption to permit the clinical for the NIOSHTIC–2 database. These the NIOSHTIC Database and related investigations of the drug becomes data will be provided in the NIOSHTIC– projects. 2 format which is considerably different effective and runs until the approval Dated: October 8, 1998. from the current NIOSHTIC Database phase begins. The approval phase starts format. The Licensee will be responsible Thena M. Durham, with the initial submission of an for reformatting the material for Acting Associate Director for Management application to market the human drug inclusion in NIOSHTIC Database if and Operations, Centers for Disease Control product and continues until FDA grants and Prevention. desired. NIOSHTIC–2 citations will permission to market the drug product. consist of a wide variety of publication [FR Doc. 98–27641 Filed 10–14–98; 8:45 am] Although only a portion of a regulatory types including NIOSH published BILLING CODE 4163±18±P review period may count toward the documents, unpublished NIOSH actual amount of extension that the reports, journal articles, book chapters, Commissioner of Patents and DEPARTMENT OF HEALTH AND Trademarks may award (for example, etc. Only research reports conducted or HUMAN SERVICES funded by NIOSH will be included in half the testing phase must be NIOSHTIC–2. We anticipate that Food and Drug Administration subtracted as well as any time that may approximately 600 citations will be have occurred before the patent was added to NIOSHTIC–2 annually. [Docket No. 97E±0270] issued), FDA’s determination of the 5. NIOSH staff to provide counsel to length of a regulatory review period for Determination of Regulatory Review Licensee: As modifications of the scope a human drug product will include all Period for Purposes of Patent of the NIOSHTIC Database are of the testing phase and approval phase Extension; AldaraTM (4,689,338) considered, NIOSH will provide as specified in 35 U.S.C. 156(g)(1)(B). historical perspective of the AGENCY: Food and Drug Administration, FDA recently approved for marketing interpretations of the current Document HHS. the human drug product AldaraTM TM Selection Criteria and the Core Journal ACTION: Notice. (4,689,338) (imiquimod). Aldara List as well as all other aspects of the (4,689,338) is indicated for the project. SUMMARY: The Food and Drug treatment of external genital and Administration (FDA) has determined perianal warts/condyloma acuminata in B. NIOSH Expects the Licensee to the regulatory review period for adults. Subsequent to this approval, the 1. Maintain NIOSHTIC Database as AldaraTM (4,689,338) and is publishing Patent and Trademark Office received a an active, viable occupational safety this notice of that determination as patent term restoration application for and health database: The Licensee must required by law. FDA has made the AldaraTM (4,689,338) (U.S. Patent No. not radically alter the scope of the determination because of the 4,689,338) from Riker Laboratories, Inc., NIOSHTIC Database, but modification submission of an application to the and the Patent and Trademark Office of the current Document Selection Commissioner of Patents and requested FDA’s assistance in Criteria and Core Journal List is Trademarks, Department of Commerce, determining this patent’s eligibility for acceptable and expected as the needs of for the extension of a patent which patent term restoration. In a letter dated the users dictate. claims that human drug product. July 22, 1997, FDA advised the Patent Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55399 and Trademark Office that this human part 1, 98th Cong., 2d sess., pp. 41–42, Branch (HFD–210), Center for Drug drug product had undergone a 1984.) Petitions should be in the format Evaluation and Research, Food and regulatory review period and that the specified in 21 CFR 10.30. Drug Administration, 5600 Fishers approval of AldaraTM (4,689,338) Comments and petitions should be Lane, Rockville, MD 20857. Send one represented the first permitted submitted to the Dockets Management self-addressed adhesive label to assist commercial marketing or use of the Branch (address above) in three copies that office in processing your requests. product. Shortly thereafter, the Patent (except that individuals may submit Submit written comments on the draft and Trademark Office requested that single copies) and identified with the guidance to the Dockets Management FDA determine the product’s regulatory docket number found in brackets in the Branch (HFA–305), Food and Drug review period. heading of this document. Comments Administration, 5630 Fishers Lane, rm. FDA has determined that the and petitions may be seen in the 1061, Rockville, MD 20852. applicable regulatory review period for Dockets Management Branch between 9 FOR FURTHER INFORMATION CONTACT: John TM Aldara (4,689,338) is 3,471 days. Of a.m. and 4 p.m., Monday through C. Markow, Reproductive and Urologic this time, 3,254 days occurred during Friday. Drug Products, Center for Drug the testing phase of the regulatory Dated: September 28, 1998. Evaluation and Research (HFD–580), review period, 217 days occurred during Food and Drug Administration, 5600 the approval phase. These periods of Thomas J. McGinnis, Deputy Associate Commissioner for Health Fishers Lane, Rockville, MD 20857, time were derived from the following 301–827–4260. dates: Affairs. 1. The date an exemption under [FR Doc. 98–27584 Filed 10–14–98; 8:45 am] SUPPLEMENTARY INFORMATION: FDA is section 505 of the Federal Food, Drug, BILLING CODE 4160±01±F announcing the availability of a draft and Cosmetic Act (the act) (21 U.S.C. guidance for industry entitled ‘‘Labeling 355) became effective: August 30, 1987. Guidance for Non-Contraceptive The applicant claims September 1, DEPARTMENT OF HEALTH AND Estrogen Drug Products; Physician and 1987, as the date the investigational new HUMAN SERVICES Patient Labeling.’’ Once it has been drug application (IND) became effective. finalized, the guidance will replace two Food and Drug Administration However, FDA records indicate that the existing guidance documents: (1) IND effective date was August 30, 1987, [Docket No. 98D±0834] ‘‘Labeling Guidance for Estrogen Drug which was 30 days after FDA receipt of Products, Physician Labeling’’ and (2) the IND. Draft Guidance for Industry on Non- ‘‘Labeling Guidance for Estrogen Drug 2. The date the application was Contraceptive Estrogen Class Products, Patient Package Insert,’’ both initially submitted with respect to the Labeling; Availability of which were revised and published in human drug product under section 505 August 1992. The draft guidance AGENCY: Food and Drug Administration, of the act: July 26, 1996. The applicant provides a template for both physician HHS. claims July 25, 1996, as the date the new and patient labeling for estrogen class drug application (NDA) for AldaraTM ACTION: Notice. drug products, which sponsors should (4,689,338) (NDA 20–723) was initially use with new drug applications and SUMMARY: The Food and Drug abbreviated new drug applications. submitted. However, FDA records Administration (FDA) is announcing the indicate that NDA 20–723 was The draft guidance outlines the availability of a draft guidance for recommended language for the submitted on July 26, 1996. industry entitled ‘‘Labeling Guidance 3. The date the application was physician insert and the patient package for Non-Contraceptive Estrogen Drug approved: February 27, 1997. FDA has insert. Included are black box warnings Products—Physician and Patient verified the applicant’s claim that NDA explaining the increased risk of cancer Labeling.’’ The draft guidance is 20–723 was approved on February 27, of the uterus associated with the use of intended to serve as a template for 1997. estrogens. Once finalized, the This determination of the regulatory sponsors of estrogen class drug products recommendations in this draft guidance review period establishes the maximum to ensure that such products contain should be followed for all approved, potential length of a patent extension. uniform physician and patient labeling pending, and future applications. However, the U.S. Patent and information. Once finalized, this draft This draft guidance is a level 1 Trademark Office applies several guidance will replace the ‘‘Labeling guidance consistent with FDA’s good statutory limitations in its calculations Guidance for Estrogen Drug Products, guidance practices (62 FR 8961, of the actual period for patent extension. Physician Labeling’’ and ‘‘Labeling February 27, 1997). It represents the In its application for patent extension, Guidance for Estrogen Drug Products, agency’s current thinking on estrogen this applicant seeks 1,826 days of patent Patient Package Insert,’’ both of which class labeling. It does not create or term extension. were revised and published in August confer any rights for or on any person Anyone with knowledge that any of 1992. and does not operate to bind FDA or the the dates as published is incorrect may, DATES: Written comments on the draft public. An alternative approach may be on or before December 14, 1998, submit guidance document may be submitted used if such approach satisfies the to the Dockets Management Branch by December 14, 1998. General requirement of the applicable statute, (address above) written comments and comments on the agency guidance regulations, or both. ask for a redetermination. Furthermore, documents are welcome at any time. Interested persons may submit written any interested person may petition FDA, ADDRESSES: Copies of this draft comments on the draft guidance to the on or before April 13, 1999, for a guidance for industry can be obtained Dockets Management Branch (address determination regarding whether the on the Internet at http://www.fda.gov/ above). Two copies of any comments are applicant for extension acted with due cder/guidance/index.htm. Submit to be submitted, except that individuals diligence during the regulatory review written requests for single copies of may submit one copy. Comments are to period. To meet its burden, the petition ‘‘Labeling Guidance for Estrogen Drug be identified with the docket number must contain sufficient facts to merit an Products; Physician and Patient found in brackets in the heading of this FDA investigation. (See H. Rept. 857, labeling’’ to the Drug Information document. The draft guidance and 55400 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices received comments are available for Contact Person: C. James Scheirer, Chief, Date: October 14–16, 1998. public examination in the Dockets Review Branch, NIH NHLBI, DEA, Two Time: 8:00 am to 5:00 pm. Management Branch between 9 a.m. and Rockledge Center, 6701 Rockledge Drive, Agenda: To review and evaluate grant 4 p.m., Monday through Friday. Suite 7216, Bethesda, MD 20892–7924, (301) applications. 435–0266. Place: Holiday Inn Georgetown, 2101 Dated: October 5, 1998. Name of Committee: National Heart, Lung, Wisconsin Ave, Washington, DC 20007. William K. Hubbard, and Blood Institute Special Emphasis Panel, Contact Person: Martin L. Padarathsingh, Scientific Review Administrator, Center for Associate Commissioner for Policy Decreasing Weight Gain in African-American Scientific Review, National Institutes of Coordination. Preadolescent Girls. Health, 6701 Rockledge Drive, Room 4146, [FR Doc. 98–27583 Filed 10–14–98; 8:45 am] Date: November 16–17, 1998. Time: November 16, 1998, 7:00 pm to MSC 7804, Bethesda, MD 20892, (301) 435– BILLING CODE 4160±01±F 10:00 pm. 1717. Agenda: To review and evaluate grant This notice is being published less than 15 applications. days prior to the meeting due to the timing DEPARTMENT OF HEALTH AND Place: Hilton Hotel, 620 Perry Parkway, limitations imposed by the review and HUMAN SERVICES Gaithersburg, MD 20877. funding cycle. Time: November 17, 1998, 8:00 am to 9:00 Name of Committee: Molecular, Cellular National Institutes of Health am. and Developmental Neuroscience Initial Agenda To review and evaluate grant Review Group, Visual Sciences C Study National Heart, Lung, and Blood applications. Section. Institute; Notice of Closed Meetings Place: Hilton Hotel, 620 Perry Parkway, Date: October 14–15, 1998. Gaithersburg, MD 20877. Time: 8:00 am to 5:00 pm. Pursuant to section 10(d) of the Contact Person: Anthony M. Coelho, Agenda: To review and evaluate grant Federal Advisory Committee Act, as Leader, Clinical Studies SRG, NIH, NHLB, applications. DEA, Rockledge Center II, 6701 Rockledge Place: Georgetown Suites, 1111 30th Street, amended (5 U.S.C. Appendix 2), notice NW, Washington, DC 20007. is hereby given of the following Drive, Room 7194, Bethesda, MD 20892– 7924, (301) 435–0288. Contact Person: Carole Jelsema, Scientific meetings. Review Administrator, Center for Scientific (Catalogue of Federal Domestic Assistance Review, National Institutes of Health, 6701 The meetings will be closed to the Nos. 93.233, National Center for Sleep Rockledge Drive, Room 5222, MSC 7850, public in accordance with the Disorders Research; 93.837, Heart and Bethesda, MD 20892, (301) 435–1248. provisions set forth in sections Vascular Diseases Research; 93.838, Lung This notice is being published less than 15 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Diseases Research; 93.839, Blood Diseases days prior to the meeting due to the timing as amended. The grant applications and and Resources Research, National Institutes limitations imposed by the review and the discussions could disclose of Health, HHS) funding cycle. confidential trade secrets or commercial Dated: October 7, 1998. Name of Committee: Immunological property such as patentable material, LaVerne Y. Stringfield, Sciences Initial Review Group, Experimental and personal information concerning Committee Management Officer, NIH. Immunology Study Section. individuals associated with the grant [FR Doc. 98–27627 Filed 10–14–98; 8:45 am] Date: October 15–17, 1998. Time: 8:30 am to 5:00 pm. applications, the disclosure of which BILLING CODE 4140±01±M would constitute a clearly unwarranted Agenda: To review and evaluate grant invasion of personal privacy. applications. Place: Airlie House, 6809 Airlie Road, Name of Committee: National Heart, Lung, DEPARTMENT OF HEALTH AND Warrenton, VA 20187. and Blood Institute Special Emphasis Panel HUMAN SERVICES Contact Person: Calbert A. Laing, Scientific PA–98–052, ‘‘Mentored Patient-Oriented Review Administrator, Center for Scientific Research Career Development Award’’ also National Institutes of Health Review, National Institutes of Health, 6701 PA–98–053, ‘‘Midcareer Investigator Award Rockledge Drive, Room 4210, MSC 7812, in Patient-Oriented Research’’. Center for Scientific Review; Notice of Bethesda, MD 20892, (301) 435–1221. Date: November 3–4, 1998. Closed Meetings This notice is being published less than 15 Time: November 3, 1998, 7:00 pm to 9:00 days prior to the meeting due to the timing pm. Pursuant to section 10(d) of the limitations imposed by the review and Agenda: To review and evaluate grant Federal Advisory Committee Act, as funding cycle. applications. amended (5 U.S.C. Appendix 2), notice Name of Committee: Infectious Diseases Place: The Hyatt Regency Hotel, 100 is hereby given of the following and Microbiology Initial Review Group, Bethesda Metro Center, Bethesda, MD 20814. meetings. Tropical Medicine and Parasitology Study Time: November 4, 1998, 8:30 am to 3:00 The meetings will be closed to the Section. pm. public in accordance with the Date: October 15–16, 1998. Agenda: To review and evaluate grant provisions set forth in sections Time: 8:30 am to 5:00 pm. applications. Agenda: To review and evaluate grant Place: The Hyatt Regency Hotel, 100 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications applications. Bethesda Metro Center, Bethesda, MD 20814. Place: Bethesda Holiday Inn, 8120 Contact Person: Diane M. Reid, NIH, and/or contract proposals and the Wisconsin Avenue, Bethesda, MD 20852. NHLBI, DEA, Two Rockledge Center, 6710 discussions could disclose confidential Contact Person: Jean Hickman, Scientific Rockledge Drive, Room 7182, Bethesda, MD trade secrets or commercial property Review Administrator, Center for Scientific 20892–7924, (301) 435–0277. such as patentable material, and Review, National Institutes of Health, 6701 Name of Committee: National Heart, Lung, personal information concerning Rockledge Drive, Room 4194, MSC 7808, and Blood Institute Special Emphasis Panel, individuals associated with the grant Bethesda, MD 20892, (301) 435–1146. Pathophysiology of HTLV–I and HTLV–II applications and/or contract proposals, This notice is being published less than 15 Infection. the disclosure of which would days prior to the meeting due to the timing limitations imposed by the review and Date: November 6, 1998. constitute a clearly unwarranted Time: 9:30 am to 11:00 am. funding cycle. invasion of personal privacy. Agenda: To review and evaluate grant Name of Committee: Center for Scientific applications. Name of Committee: Oncological Sciences Review Special Emphasis Panel, Cellular and Place: Rockledge II, Bethesda, MD 20892 Initial Review Group, Pathology B Study Molecular and Developmental (Telephone Conference Call). Section. Neurosciences. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55401

Date: October 15–16, 1998. Time: 8:30 am to 5:00 pm. Review, National Institutes of Health, 6701 Time: 8:30 am to 5:00 pm. Agenda: To review and evaluate grant Rockledge Drive, Room 5222, MSC 7850, Agenda: To review and evaluate grant applications. Bethesda, MD 20892, (301) 435–1248. applications. Place: Radisson Barcelo Hotel, 2121 P St., (Catalogue of Federal Domestic Assistance Plade: Georgetown Inn, 1310 Wisconsin NW, Washington, DC 20037. Ave., NW., Washington, DC 20007. Contact Person: Gabrielle Leblanc, Program Nos. 93.306, Comparative Medicine, Contact Person: Carl D. Banner, Scientific Scientific Review Administrator, Center for 93.306; 93.333, Clinical Research, 93.333; Review Administrator, Center for Scientific Scientific Review, National Institutes of 93.337, 93.393–93.396, 93.837–93.844, Review, National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 5218, 93.846–93.878, 93.892, 93.893, National Rockledge Drive, Room 5212, MSC 7850, MSC 1216, Bethesda, MD 20892, (301) 435– Institutes of Health, HHS) Bethesda, MD 20892, (302) 435–1251. 1216. Dated: October 6, 1998. This notice is being published less than 15 This notice is being published less than 15 days prior to the meeting due to the timing days prior to the meeting due to the timing LaVerne Y. Stringfield, limitations imposed by the review and limitations imposed by the review and Committee Management Officer, NIH. funding cycle. funding cycle. [FR Doc. 98–27629 Filed 10–14–98; 8:45 am] Name of Committee: Genetic Sciences Name of Committee: Center for Scientific BILLING CODE 4140±01±M Initial Review Group, Genetics Study Review Special Emphasis Panel, Molecular, Section. Cellular and Developmental Neurosciences. Date: October 15–16, 1998. Date: October 20–21, 1998. DEPARTMENT OF HEALTH AND Time: 9:00 am to 6:00 pm. Time: 8:30 am to 5:00 pm. HUMAN SERVICES Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. Place: Georgetown Holiday Inn 2101 Place: Holiday Inn—Silver Spring, 8777 National Institutes of Health Wisconsin Ave., N.W., Washington, DC Georgia Avenue, Silver Spring, MD 20910. 20007. Contact Person: Joanne T. Fujii, Scientific Research on Women's Health Advisory Contact Person: David J. Remondini, Review Administrator, Center for Scientific Committee; Meeting Scientific Review Administrator, Center for Review, National Institutes of Health, 6701 Scientific Review, National Institutes of Rockledge Drive, Room 5218, Bethesda, MD Pursuant to Section 10(d) of the Health, 6701 Rockledge Drive, Room 6154, 20892, (301) 435–1178, [email protected] Federal Advisory Committee Act, as MSC 7890, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 amended (5 U.S.C. Appendix 2), notice 1038. days prior to the meeting due to the timing is hereby given of a meeting of the This notice is being published less than 15 limitations imposed by the review and Advisory Committee on Research on days prior to the meeting due to the timing funding cycle. Women’s Health. limitations imposed by the review and Name of Committee: Center for Scientific funding cycle. Review Special Emphasis Panel. The meeting will be open to the Name of Committee: Center for Scientific Date: October 20–21, 1998. public, with attendance limited to space Review Special Emphasis Panel. Time: 8:30 am to 6:00 pm. available. Individuals who plan to Date: October 15, 1998. Agenda: To review and evaluate grant attend and need assistance, such as sign Time: 6:00 pm to 7:00 pm. applications. language interpretation or other Agenda: To review and evaluate grant Place: Holiday Inn Rosslyn, 1900 North reasonable accommodations, should applications. Fort Myer Drive, Arlington, VA 22209. notify the Contact Person listed below Place: Ramada Inn, 1775 Rockville Pike, Contact Person: Mary Custer, Scientific Rockville, MD 20852. Review Administrator, Center for Scientific in advance of the meeting. Contact Person: Syed Quadril, Scientific Review, National Institutes of Health, 6701 Name of Committee: Advisory Committee Review Administrator, Center for Scientific Rockledge Drive, Room 5102, MSC 7850, on Research on Women’s Health. Review, National Institutes of Health, 6701 Bethesda, MD 20892, (301) 435–1164. Date: November 16, 1998. Rockledge Drive, Room 4132, Bethesda, MD This notice is being published less than 15 Time: 8:30 am to 5:00 pm. 20892, (301) 435–1211. days prior to the meeting due to the timing Date: November 17, 1998. This notice is being published less than 15 limitations imposed by the review and days prior to the meeting due to the timing funding cycle. Time: 9:00 am to 1:00 pm. Agenda: The Committee will provide limitations imposed by the review and Name of Committee: Center for Scientific advice and recommendations on women’s funding cycle. Review Special Emphasis Panel. Name of Committee: Center for Scientific Date: October 22, 1998. health research issues and on ORWH Review Special Emphasis Panel. Time: 7:30 am to 8:00 am. activities. The Committee will also discuss Date: October 19–20, 1998. Agenda: To review and evaluate grant ongoing activities to update the NIH research Time: 8:30 am to 4:30 pm. applications. agenda on women’s health, including Agenda: To review and evaluate grant Place: Governor’s House Hotel, recommendations from its series of meetings, applications. Washington, DC 20036. ‘‘Beyond Hunt Valley: Research on Women’s Place: Embassy Suites Hotel, 1250 22nd Contact Person: Anita Miller-Sostek, Health for the 21st Century.’’ Street, NW, Washington, DC 20037. Scientific Review Administrator, Center for Place: National Institutes of Health, Contact Person: Michael A. Lang, Scientific Scientific Review, National Institutes of Building 1, Wilson Hall, 9000 Rockville Pike, Review Administrator, Center for Scientific Health, 6701 Rockledge Drive, Room 5202, Bethesda, MD 20892, 301/402–1770. Review, National Institutes of Health, 6701 MSC 7848, Bethesda, MD 20892, (301) 435– Contact Person: Joyce Rudick, Acting Rockledge Drive, Room 5210, MSC 7850, 1260. Deputy Director, Office of Research on Bethesda, MD 20892, (301) 435–1265. Name of Committee: Center for Scientific Women’s Health, Office of the Director, This notice is being published less than 15 Review Special Emphasis Panel. National Institutes of Health, Building 1, days prior to the meeting due to the timing Date: October 22–23, 1998. limitations imposed by the review and Time: 8:am to 5:00 pm. Room 201, Bethesda, MD 20892. funding cycle. Agenda: To review and evaluate grant Dated: October 7, 1998. Name of Committee: Center for Scientific applications. LaVerne Y. Stringfield, Review Special Emphasis Panel, Cellular & Place: Radisson Barcelo Hotel, 2121 P St., Committee Management Officer, NIH. Molecular and Developmental NW, Washington, DC 20037. Neurosciences. Contact Person: Carole Jelsema, Scientific [FR Doc. 98–27628 Filed 10–14–98; 8:45 am] Date: October 19–20, 1998. Review Administrator, Center for Scientific BILLING CODE 4140±01±M 55402 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR

Federal Geographic Data Committee Bureau of Land Management Bureau of Land Management (FGDC); Public Comment on the [MT±930±1820±00] Proposal To Develop the ``Biological [AK±962±1410±00±P, AA±8447±A, AA± Nomenclature and Taxonomy Data 8447±B, AA±8447±D, AA±8447±A2, AA± Notice of Office Reorganization and Standard'' as a Federal Geographic 8447±B2] Name Change for the BLM Montana/ Data Committee Standard Dakotas Organization Notice for Publication; Alaska Native AGENCY: Bureau of Land Management, ACTION: Notice; Request for comments. Claims Selections Interior. Note: This announcement extends the In accordance with Departmental ACTION: Notice. regulation 43 CFR 2650.7(d), notice is deadline for comments stated in an SUMMARY: This notice provides announcement published September 28, hereby given that decisions approving information about the BLM Montana/ 1998, pages 51586, 87, 88, from October 15, lands for conveyance under the Dakotas reorganization approved by the 1998, to November 15, 1998. provisions of Sec. 14(a) of the Alaska BLM Director on April 2, 1998, and the All other information in the original Native Claims Settlement Act of subsequent Montana/Dakotas State announcement remains unchanged. December 18, 1971, 43 U.S.C. 1601, Director implementation and decision Dated: October 7, 1998. 1613(a), will be issued to The Eyak memorandum of May 20, 1998, that Corporation for approximately 22,415 changes the 3-tier structure (State Richard E. Witmer, acres. The lands involved are in the Chief, National Mapping Divison. Office-District Office-Resource Area vicinity of Cordova, Alaska: Office)to a 2-tier structure (State Office- [FR Doc. 98–27644 Filed 10–14–98; 8:45 am] Lots C and D, U.S. Survey No. 2765, Field Office). This change is BILLING CODE 4310±Y7±M Alaska operationally in effect now and will Tract B, U.S. Survey No. 2679, Alaska become ‘‘officially’’ in effect on October 11, 1998. None of the offices will be DEPARTMENT OF THE INTERIOR Lots 11, 12, and 14, U.S. Survey No. closed. However, office name and 5103, Alaska Geological Survey jurisdiction for some offices will Copper River Meridian, Alaska change. Technology Transfer Act of 1986 Tps. 15 and 16 S., R. 1 W. The District Offices as Described Below Tps. 14, 15, and 16 S., R. 2 W. are Removed From the Organizational ACTION: Notice. Tps. 14, 15, and 16 S., R. 3 W. Structure Tps. 13, 15, and 16 S., R. 4 W. Butte District Office SUMMARY: Notice is hereby given that Tps. 13, 14, 15, 16, and 17 S., R. 5 W., the United States Geological Survey T. 13 S., R. 5 E. Beginning at a point on the Canadian (USGS) is planning to enter into a border and the county line between Cooperative Research and Development Notice of the decisions will be Flathead and Glacier Counties; thence Agreement (CRADA) with Texaco Group published once a week, for four (4) southeasterly along the county line; Inc. to develop X-ray diffraction consecutive weeks, in the Anchorage thence southeasterly along the Flathead- Daily News. Copies of the decisions may Pondera County line; thence southerly methods for the quantitative analysis of be obtained by contacting the Alaska along the Flathead-Lewis and Clark clay minerals in shales. Any others State Office of the Bureau of Land County line; thence southerly along the wishing to pursue the possibility of a Management, 222 West Seventh Powell-Lewis and Clark County line to CRADA for similar activities should Avenue, #13, Anchorage, Alaska 99513– a point at the southeast corner on contact U.S. Geological Survey no later 7599 ((907) 271–5960). Township 15 North, Range 9 West: than 30 days from the publication of thence easterly along the township line this notice. Any party claiming a property interest which is adversely affected by the to the Cascade County line; thence ADDRESSES: Information on the decisions, an agency of the Federal south and east along the Lewis and proposed CRADA is available to the government, or regional corporation, Clark-Cascade County line; thence public upon request at the following shall have until November 16, 1998 to southeast along the Lewis and Clark- location: U.S. Geological Survey, 3215 file an appeal. However, parties Meager County line; thence southeast Marine Street, Boulder, Colorado 80302. receiving service by certified mail shall along the Broadwater-Meager County have 30 days from the date of receipt to line; thence easterly along the southern FOR FURTHER INFORMATION CONTACT: file an appeal. Appeals must be filed in line of Meager County; thence south and Dennis D. Eberl, U.S. Geological Survey, the Bureau of Land Management at the east along the Park-Sweetgrass County Water Resources Division at the address address identified above, where the line; thence east along the Park- given above; telephone (303) 541–3028; requirements for filing an appeal may be Stillwater County line; thence south e-mail [email protected]; FAX (303) obtained. Parties who do not file an along the Park-Carbon County line to 447–2505. appeal in accordance with the the Wyoming state line; thence west and requirements of 43 CFR Part 4, Subpart south along the Wyoming state line to Robert M. Hirsch, the Idaho state line; thence westerly and Chief Hydrologist. E, shall be deemed to have waived their rights. northerly along the Idaho state line to [FR Doc. 98–27698 Filed 10–14–98; 8:45 am] the Canadian border; thence east to the Heather A. Coats, BILLING CODE 4310±Y7±M point of beginning. Land Law Examiner, Branch of ANCSA Adjudication. Lewistown District Office [FR Doc. 98–27638 Filed 10–14–98; 8:45 am] Beginning at a point on the Canadian BILLING CODE 4310±44±P border and the county line between Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55403

Flathead and Glacier Counties; thence Field Office and the boundary (area) of DEPARTMENT OF THE INTERIOR east along the Canadian border to the jurisdiction remains the same. county line between Valley and Daniels 5. The Judith and Havre Resource Bureau of Land Management Counties; thence southerly along the Area Offices are combined and are [ID±010±02±5700±10; IDI±32281] Valley-Daniels County line; to the Fort called the Lewistown Field Office with Peck Indian Reservation; thence the boundary (area) of jurisdiction the Notice of Realty ActionÐIDI±32281; westerly and southerly between Valley combination of the two former resource Direct Sale of Public Lands in Owyhee Count and Fort Peck Indian Reservation areas. County, ID to the Missouri River; thence 6. The Havre Resource Area Office is AGENCY: Bureau of Land Management— southwesterly along the Valley-McCone now called the Havre Field Station and Interior. county line; thence southwesterly along is attached to and under the supervision SUMMARY: the Valley-Garfield county line; thence of the Lewistown Field Office. The following described public land in Owyhee County, Idaho southwesterly along the Phillips- 7. The Phillips and Valley Resource has been examined and through the Garfield county line; thence southerly Area Offices are combined and are pubic-supported land use planning along the Petroleum-Garfield county called the Malta Field Office with the process has been determined to be line; thence southerly along the boundary (area) of jurisdiction the suitable for disposal utilizing direct sale Petroleum-Rosebud county line; thence combination of the two former resources procedures pursuant to Section 203 of westerly along the Petroleum- areas. the Federal Land Policy and Musselshell county line; thence 8. The Valley Resource Area Office is westerly along the Fergus-Musselshell Management Act of 1976 at no less than now called the Glasgow Field Station the appraised fair market value of county line; thence westerly along the and is attached to and under the Fergus-Golden Valley county line; $9,000.00. The land will not be offered supervision of the Malta Field Office. for sale until at least 60 days after the thence westerly along the Fergus- 9. The Big Dry and Powder River Wheatland county line; thence westerly date of publication of this notice in the Resource Area Offices are combined and Federal Register. along the Judith Basin-Wheatland now are called the Miles City Field county line; thence southerly along the Office with the boundary (area) of Boise Meridian, Idaho Meager-Wheatland county line to a jurisdiction the combined resources T. 6S., R. 4E., Section 4: W1⁄2NW1⁄4SE1⁄4, point on the eastern boundary of the areas. W1⁄2E1⁄2SW1⁄4SE1⁄4 Butte District; thence west and northerly 10. The Billings Resource Area Office Aggregating 30.0 acres more or less. along the east boundary of the Butte is now called the Billings Field Office The patent, when issued will contain District to the point of beginning. and the boundary (area) of jurisdiction a reservation to the United States for Miles City District Office remains the same. ditches and canals. DATES: On October 15, 1998, the land Beginning at a point on the Canadian 11. The Dickinson District Office is now called the North Dakota Field described above will be segregated from border and the county line between appropriation under the public land Valley and Daniels county; thence east Office and the boundary (area) of jurisdiction is the State of North Dakota. laws, including the mining laws, except along the Canadian border to the the sale provisions of the Federal Land Montana-North Dakota state line; thence 12. The Belle Fourche Resource Area Office is now called the South Dakota Policy and Management Act. The south along the Montana-North Dakota segregative effect will end upon border; thence south along the Montana- Field Office and the boundary (area) of jurisdiction is the State of South Dakota. issuance of patent or 270 days from the South Dakota border to the southeast date of publication, whichever occurs corner of Montana; thence west along The management officer (Field Manager) of each field office is a ‘‘line’’ official first. the Montana-Wyoming border to the ADDRESSES: Bruneau Resource Area, Park-Carbon county line; thence west and reports to the Montana/Dakotas State Director. A supervisor will be in 3948 Development Ave., Boise, ID and north along the east boundary of the 83705. Butte District; thence north, west and each of the field stations and will report FOR FURTHER INFORMATION CONTACT: northerly along the Lewistown District to a Field Manager. Business with BLM should be Contact Mike Austin, at the address southern and eastern boundaries to the shown above or (208) 384–3339. point of beginning. conducted at the above locations as was done in the past as the ‘‘new’’ field SUPPLEMENTARY INFORMATION: This land Dickinson District Office offices will, from a non-BLM (external is not required for any federal purpose. All of North and South Dakota. customer) view, operate like the ‘‘old’’ Because of its location or other district offices. This reorganization characteristics, this land is difficult and The Office Name Change and Area of merely renames offices, adjusts some uneconomic to manage as part of the Administration Are Listed Below jurisdictional boundaries, as outlined public domain. It would be in the public 1. The Dillon Resource Area Office is above, and removes a layer of the interest to sell this land by direct sale now called the Dillon Field Office and organizational structure between the to Owyhee County for solid waste the boundary (area) of jurisdiction identified ‘‘old’’ Resource Areas which disposal purposes. Their refusal or remains the same. are now Field Offices or Field Stations failure to pay the appraised fair market 2. The Garnet Resource Area Office is and the Montana State Office. value shall result in cancellation of the now called the Missoula Field Office sale. FOR FURTHER INFORMATION CONTACT: and the boundary (area) of jurisdiction It has been determined that the Janet Singer, Deputy State Director, subject parcel contains no known remains the same. Division of Support Services, 406–255– 3. The Headwaters Resource Area mineral values; therefore, mineral 2742. Office is now called the Butte Field interests will be conveyed Office and the boundary (area) of Larry E. Hamilton, simultaneously. A separate jurisdiction remains the same. State Director. nonrefundable filing fee of $50.00 is 4. The Great Falls Resource Area [FR Doc. 98–27699 Filed 10–14–98; 8:45 am] required from the purchaser for Office is now called the Great Falls BILLING CODE 4310±DN±P conveyance of mineral interests. 55404 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

For a period of 45 days from the date impacts that fluid minerals leasing and permitted. The determinations will of publication of this notice is in the subsequent activities could have on the provide the basis for timing, surface use, Federal Register, interested parties may environment and identify appropriate and no surface occupancy stipulations submit comments to the Bruneau Area measures to mitigate those impacts. that will be attached to Federal fluid Manager, Bureau of Land Management, The BLM will conduct three public mineral leases. The RMPA/EIS also will 3948 Development Avenue, Boise, Idaho scoping meetings. All of the public identify the circumstances necessary for 83705. Any adverse comments will be meetings will be informal to foster granting waivers, exceptions, or reviewed by the Area Manager, who public attendance and input. The dates, modifications to stipulations. The may sustain, modify, or vacate this times, and locations for these meetings RMPA/EIS will be a Category 2 realty action to accommodate the are as follows: Amendment as defined in BLM Manual protest. If the protest is not Section 1617.42. Date Location accommodated, the comments are The planning area will include public subject to review by the District Monday, November 2, Best Western Sally land in Otero and Sierra Counties, Manager who may sustain, vacate, or 1998, 6:30 p.m. to Port Inn, 2000 N. encompassing 2.4 million surface acres modify this realty action. In the absence 8:30 p.m. Main, Roswell, New administered by BLM and 3.7 acres of of any adverse comments, this realty Mexico. Federal mineral estate. action will become the final Wednesday, Novem- Civic Center, 800 E. It is anticipated that the RMPA/EIS determination of the Department of ber 4, 1998, 6:30 First St., process will require 24 months to Interior. p.m. to 8:30 p.m. Alamogordo, New Mexico. complete and will include public and Dated: October 2, 1998. Thursday, November Civic Center, 400 W. agency scoping, coordination and Signe Sather-Blair, 5, 1998, 6:30 p.m. Fourth St., Truth of consultation with Federal, State, tribal, Bruneau Area Manager. to 8:30 p.m. Consequences, and local agencies, public review and [FR Doc. 98–27697 Filed 10–14–98; 8:45 am] New Mexico. public hearings on the published draft BILLING CODE 4310±GG±M RMPA/draft EIS, a published proposed DATES: Written comments will be RMPA/final EIS, published Record of accepted through November 16, 1998. Decision, and Plan Amendment. DEPARTMENT OF THE INTERIOR ADDRESSES: Comments should be sent to Publication of the Record of Decision is Theresa Hanley, BLM, Las Cruces Field anticipated in September 2000. Office, 1800 Marquess, Las Cruces, NM Bureau of Land Management BLM public information and scoping 88005. [NM±030±1310±00] will include notification to the public FOR FURTHER INFORMATION CONTACT: and Federal, state, tribal, and local Intent To Prepare A Resource Theresa Hanley, Team Leader, at (505) agencies of the proposed action; Management Plan Amendment (RMPA) 525–4342 or Russ Jentgen at (505) 525– identification by the public of the range and Environmental Impact Statement 4351. of issues and concerns to be considered (EIS) for Public Land in Otero and SUPPLEMENTARY INFORMATION: The in the EIS; development of planning Sierra Counties, NM purpose of issuing Federal fluid mineral criteria; and the solicitation of leases is to provide the opportunity to assistance from the public to identify AGENCY: Bureau of Land Management explore for and produce domestic reasonable alternatives. In addition, the (BLM), Interior. resources of fluid minerals to meet the public will have the opportunity to ask ACTION: Notice of intent to prepare an National demand for fluid minerals questions regarding the proposed RMPA/EIS and invitation to participate leasing through the Minerals Leasing project at scheduled public scoping in identification of issues and planning Act of 1920, as amended. Previous meetings (see SUMMARY section of this criteria. environmental and planning documents notice). were prepared to address fluid minerals SUMMARY: Pursuant to Section 102(2)(C) leasing for this area (public land in Written comments should address: (1) of the National Environmental Policy Sierra and Otero Counties), including Issues to be considered, (2) if the Act (NEPA) of 1969, Council on the Environmental Assessment for Oil planning criteria are adequate for the Environmental Quality (CEQ) and Gas and Geothermal Leasing in the issues, (3) feasible and reasonable regulations (40 CFR 1500–1508), and the White Sands Resource Area completed alternatives to examine, and (4) relevant Federal Land Policy and Management in 1981, and the White Sands RMP information having a bearing on the Act (FLPMA) of 1976, the BLM, Las completed in 1986. However, large RMPA/EIS. BLM will maintain a Cruces Field Office will direct increases in oil and gas lease mailing list of parties and persons preparation of a Fluid Minerals Leasing nominations in 1998 prompted the BLM interested in being kept informed about RMPA/EIS by Dames and Moore, Inc., a to review the RMP. It was found to lack the progress of the RMPA/EIS. qualified consultant. The RMPA/EIS information to make leasing decisions Description of Possible Alternatives will address fluid minerals (oil, gas, and commensurate with the increased geothermal) leasing and subsequent leasing nominations and potential A range of reasonable alternatives, activities (e.g., exploration, subsequent exploration and including an alternative considering no development, and/or production) on development. BLM is developing this action as required by NEPA, will be public land in Otero and Sierra RMPA/EIS to be consistent with current developed and analyzed in the EIS. Counties, New Mexico. Planning efforts laws, regulations, and supplemental Through scoping, the public will assist for the RMPA will determine which program guidance (BLM Manual Section in developing the alternatives. One public land and fluid minerals should 1624.2) for fluid minerals leasing and alternative will be selected as the be made available for leasing and providing the public an opportunity to agency-preferred alternative. subsequent activities, and what review the leasing decision-making. The Anticipated Decisions and Criteria requirements (stipulations) may be RMPA/EIS will determine where and needed to protect other resource values. under what conditions fluid minerals The anticipated decisions will The EIS will identify the potential leasing and subsequent activities will be include answers to the following: Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55405

• Which public land and fluid DEPARTMENT OF THE INTERIOR revising the entire 30 CFR 250, subpart minerals should be available for leasing A. The proposed rule was subsequently and subsequent activities? Minerals Management Service corrected in a notice on March 9, 1998 • (63 FR 11385). The comment period was On which lands are standard lease Outer Continental Shelf (OCS) terms and conditions sufficient? extended once and closed on July 17, AGENCY: 1998. The current § 250.110 on • Which public land should be Minerals Management Service (MMS). suspension of production or other available for leasing with constraints operations was renumbered § 250.119 in (e.g., timing limitations, no surface ACTION: Notice to rescind notice to lessees and operators (NTL) 98–11N. the proposed rule. Our regulatory policy occupancy, controlled surface use)? on suspensions of production or • Which leasing stipulations from SUMMARY: This notice announces our operations will be reflected in the 30 existing plans are appropriate and decision to rescind NTL 98–11N, CFR 250, subpart A, final rule. sufficient to protect other resource Guidelines for Suspension of The collection of information we refer values? Production Due to Uneconomic Market to in this notice is authorized under 30 • Which public land should be closed Conditions. CFR 250, subpart A. The Paperwork to fluid minerals leasing? DATES: NTL 98–11N is rescinded Reduction Act of 1995 requires us to effective on January 13, 1998. inform you that the Office of Preliminary planning criteria for Management and Budget (OMB) has guiding the development of the RMPA/ FOR FURTHER INFORMATION CONTACT: E. P. Danenberger at (703) 787–1600. approved the information collection EIS include the following. Actions must: requirements in these regulations and • SUPPLEMENTARY INFORMATION: We are in Comply with laws, executive the process of updating our NTLs to assigned OMB control number 1010– orders, and regulations. reflect current technologies, correct 0030. • Provide for orderly leasing and regulatory citations, and include a Dated: October 8, 1998. development of fluid minerals while statement on the Paperwork Reduction Carolita U. Kallaur, providing for the protection of Act of 1995. In most instances we are Associate Director for Offshore Minerals environmental resources and not changing the requirements and Management. minimizing the extent of impact on the information in the superseded NTLs. [FR Doc. 98–27586 Filed 10–14–98; 8:45 am] environment. During this process we updated NTL BILLING CODE 4310±MR±U • Provide for the conservation of 92–1N, ‘‘Guidelines for Application for mineral resources. Suspension of Production Due to Uneconomic Market Conditions’’ and DEPARTMENT OF THE INTERIOR • Provide for rehabilitation of affected superseded it by NTL 98–11N. land. The superseded NTL 92–1N was National Park Service • Minimize soil erosion. developed in 1992 and was issued Draft Environmental Impact Statement/ • Provide for protection of water under the authority of 30 CFR General Management Plan Redwood resources. 250.110(a)(5) which states, ‘‘To avoid National and State Parks, California; • continued operations which would Provide for protection and result in premature abandonment of a Notice of Extension of Public management of plant and animal special producing well(s) or would not be Comment Period status species. economic.’’ We have reviewed our SUMMARY: Pursuant to section 102(2)(C) • Provide for protection and policy in NTL 98–11N and determined of the National Environmental Policy management of wildlife and wildlife that the regulations in 30 CFR 250.110 Act of 1969 (Pub. L. 91–190 as habitat. are sufficient to prevent premature amended), the National Park Service, • Provide for protection of cultural abandonment of producing wells. We expect lessees to diligently Department of the Interior, has prepared and paleontological resources. a Draft Environmental Impact Statement • manage their leases by exploring, Provide for availability of recreation developing, and commencing (DEIS) assessing four alternatives for, opportunities. production within the primary term. We and potential impacts of, a proposed • Protect and enhance visual quality. will only grant SOPs for a lease when General Management Plan for Redwood • the lessee commits to production and National Park, California. In deference Provide for public health and to public interest expressed to date from safety. provides a reasonable schedule of activities including measurable local governmental agencies, • Consider social and economic milestones. We will not grant organizations, and other interested effects. suspensions for nonproducing leases parties, the public comment period has Resource concerns to be addressed solely to wait for uncertain economic or been extended an additional month include lands and access, minerals, technological conditions to improve. through November 8, 1998. soils, water resources, wilderness study Based on this policy, NTL 98–11N is SUPPLEMENTARY INFORMATION: Redwood areas, air quality, vegetation, wildlife, officially rescinded effective January 13, National and State Parks are jointly special status species, livestock grazing, 1998, and no further SOPs will be managed. In addition to the DEIS, a cultural and paleontological resources, approved under this NTL after that date. draft Environmental Impact Report/ recreation, visual resources, and social All currently approved SOPs will General Plan was prepared and economic conditions. remain in effect until their specified concurrently. Copies of the documents Dated: October 8, 1998. expiration date or production begins, and a 15-page summary can be reviewed whichever occurs first. at local libraries or park offices in Josie Banegas, For your reference, on February 13, Arcata, Orick, and Crescent City; Acting Field Manager, Las Cruces. 1998, we published a Notice of internet access is available at ‘‘http:// [FR Doc. 98–27640 Filed 10–14–98; 8:45 am] Proposed Rulemaking (63 FR 7335), www.nps.gov/planning/redw/dgmp/ BILLING CODE 4310±VC±P titled ‘‘Postlease Operations Safety,’’ redwdgmp.htm’’. A limited number of 55406 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices copies may still be available upon Attention: MP–120, Sacramento CA Sherwood Blvd, Las Molinas, California, phone request at (707) 464-6101. 95825 530/384–2759. • All comments on the draft documents FOR FURTHER INFORMATION CONTACT: Mr. Monday, November 9, 1998, at 7:00 must now be transmitted or post-marked Alan R. Candlish, Bureau of p.m. at the: Sheraton Smugglers Inn, not later than November 8, 1998, and Reclamation, 2800 Cottage Way. 3737 North Blackstone Ave, Fresno, should be directed to the Attention: MP–120, Sacramento CA California, 209/226–2110. • Superintendents, Redwood National 95825, telephone: 916/978–5190 or Ms. Tuesday, November 10, 1998, at and State Parks, 1111 Second St., Donna Tegelman, Bureau of 7:00 p.m. at the: Granzellas Hotel, 391 Crescent City, CA 95531; or in care of Reclamation, 2800 Cottage Way. Sixth Street, Williams, California, 530/ ‘‘[email protected]’’. Attention: MP–440, Sacramento CA 473–3310. • Dated; October 8, 1998. 95825, telephone: 916/978–5250 (TDD Monday, November 16, 1998, at 7:00 p.m. at the: Sacramento Inn, 1401 Patricia L. Neubacher, 978–5608). Arden Way, Sacramento, California, SUPPLEMENTARY INFORMATION: Section Acting Regional Director, Pacific West. 916/922–8041. 3404(c) of the Central Valley Project [FR Doc. 98–27647 Filed 10–14–98; 8:45 am] • Wednesday, November 18, 1998, at Improvement Act authorizes renewal of BILLING CODE 4310±70±P 7:00 p.m. at the: Forest Park Inn, 375 existing long-term water service Leadvesley Road, Gilroy, California, contracts for 25 years after appropriate 408/848–5144. environmental review including the DEPARTMENT OF THE INTERIOR • Thursday, November 19, 1998, at completion of a Programmatic 7:00 p.m. at the: Double Tree Inn, 1150 Bureau of Reclamation Environmental Impact Statement (PEIS) Ninth Street, Modesto, California, 209/ required under Section 3409. A draft 526–6000. Long-Term Contract Renewal, Central PEIS was released on November 7, 1998, Valley Project, California with an extended comment period Special Services closing April 17, 1998. A final PEIS is AGENCY: Bureau of Reclamation, A headphone device for the hearing Department of the Interior. scheduled for release in June 1999. The impaired will be available at the additional environmental document(s) ACTION: Notice of intent to prepare an meetings. Persons requiring other for contract renewal will tier off of the special services should contact Alisha environmental impact statement and final PEIS. notice of meetings. Sterud at 916/978–5190. Please notify The long-term contract renewal this office as far in advance of the SUMMARY: Pursuant to Section 102(2)(C) environmental document(s) will be meetings as possible, but no later than of the National Environmental Policy prepared on a regional basis. The 3 working days prior to the particular Act of 1969 (NEPA), the Bureau of specific regions will be determined meeting to enable Reclamation to secure Reclamation (Reclamation) proposes to following scoping. The different service the needed services. If a request cannot prepare environmental documents for areas of the CVP that will be evaluated be honored, the requester will be the purpose of renewing existing long- include: Shasta/Trinity Division notified. term and interim contracts for the including Cow Creek and Clear Creek South Units; portions of the Sacramento Dated: October 8, 1998. Central Valley Project, California. Michael Jackson, Specific quantities of water to be in the River Division including Corning Canal, Acting Deputy Regional Director. renewal contracts will be subject to a Tehama-Colusa Canal and Feather River needs assessment. Water District; American River Division [FR Doc. 98–27639 Filed 10–14–98; 8:45 am] At present, it is not clear whether the including Folsom Unit, Sly Park Unit, BILLING CODE 4310±94±P scope of the action and anticipated and Auburn-Folsom South Unit; Delta project impacts will require preparation Division including Contra Costa and of an environmental impact statement Delta-Mendota Canals; San Luis Unit; INTERNATIONAL TRADE (EIS) instead of an environmental San Felipe Division; Friant Division; COMMISSION and miscellaneous other CVP service assessment (EA). However, to ensure a [Investigation No. 337±TA±410] timely and appropriate level of NEPA areas that are served by New Melones, compliance and limit potential future Hidden, and Buchanan Reservoirs and Certain Coated Optical Waveguide delays to the project schedule, Cross Valley Canal. Individual service Fibers and Products Containing Same; Reclamation is proceeding, at this time, areas may be combined together in one Determination Not To Review an Initial as if the project impacts would require document if they have related issues. Determination Terminating the preparation of an EIS. Reclamation will Meetings Investigation on the Basis of a reevaluate the need for an EIS after Consent Order; Issuance of Consent Seven scoping meetings will be held obtaining written and oral comments on Order to solicit comments from interested project alternatives and impacts during parties to assist in determining the AGENCY: the scoping process. Reclamation will U.S. International Trade scope of the environmental analysis and publish a notice of cancellation if, as a Commission. to identify the significant issues related result of scoping, a decision is made to ACTION: Notice. to this proposed action, including issues prepare an EA rather than an EIS. related to negotiations. The meetings SUMMARY: Notice is hereby given that DATES: See SUPPLEMENTARY INFORMATION will be held on the following dates at the U.S. International Trade Section for meeting dates. the specified locations: Commission has determined not to ADDRESSES: Written comments on the • Monday, November 2, 1998, at 7:00 review the presiding administrative law project scope of the environmental p.m. at the: Waterfront Plaza Hotel, 10 judge’s (‘‘ALJ’s’’) initial determination document(s) may be submitted by Washington Street, Oakland, California, (‘‘ID’’) granting the private parties’ joint December 11, 1998, and sent to Mr. 510/836–3800. motion to terminate the above-captioned Alan R. Candlish, Bureau of • Thursday, November 5, 1998, at investigation on the basis of a consent Reclamation, 2800 Cottage Way. 7:00 p.m. at the: Las Molinas VFW, 7980 order. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55407

FOR FURTHER INFORMATION: Cynthia P. INTERNATIONAL TRADE Background Johnson, Esq., Office of the General COMMISSION Counsel, U.S. International Trade On August 18, 1998, a petition was filed with the Commission and the Commission, telephone (202) 205–3098. [Investigation No. 701±TA±383 (Preliminary) Department of Commerce by Fulflex, SUPPLEMENTARY INFORMATION: The and Investigation No. 731±TA±805 Inc., Middletown, RI; and two Commission instituted this investigation (Preliminary)] subsidiaries of M-Tec Corp., Elastomer on a complaint by Corning, Inc. Technologies Group, Inc., Stuart, VA, Elastic Rubber Tape From India (‘‘Corning’’) alleging that Chromatic and RM Engineered Products, Inc., Technologies, Inc., (‘‘CTI’’) and Plasma Determination North Charleston, SC, alleging that an Optical Fibre, B.V. (‘‘POF’’) had violated industry in the United States is section 337 of the Tariff Act of 1930 by On the basis of the record 1 developed materially injured and threatened with importing into the United States, selling in the subject investigations, the United material injury by reason of subsidized for importation, and/or selling in the States International Trade Commission and LTFV imports of elastic rubber tape United States after importation certain determines,2 pursuant to section 703(a) from India. Accordingly, effective coated optical waveguide fibers that and 733(a) of the Tariff Act of 1930 (19 August 18, 1998, the Commission infringe claim 1 of Corning’s U.S. U.S.C. § 1671b(a) and 1673b(a)), that instituted countervailing duty Letters Patent 4,792,347. On July 17, there is a reasonable indication that an investigation No. 701–TA–383 1998, the Commission determined not industry in the United States is (Preliminary) and antidumping to review an ID adding Yangtze Optical threatened with material injury by investigation No. 731–TA–805 Fiber and Cable Company, Ltd. reason of imports from India of elastic (Preliminary). (‘‘YOFC’’) as a respondent. rubber tape, provided for in subheading Notice of the institution of the 4008.21.00 of the Harmonized Tariff Commission’s investigations and of a On August 21, 1998, complainant Schedule of the United States, that are public conference to be held in Corning and respondents CTI, POF, and alleged to be subsidized by the connection therewith was given by YOFC filed a joint motion to terminate Government of India and sold in the posting copies of the notice in the Office the investigation by consent order. The United States at less than fair value of the Secretary, U.S. International Commission investigative attorney (LTFV). Trade Commission, Washington, DC, stated she would support the joint and by publishing the notice in the motion if an executed copy of the Commencement of Final Phase Federal Register of August 25, 1998 (63 consent order stipulation was filed. An Investigations FR 45255). The conference was held in executed copy of the consent order Washington, DC, on September 8, 1998, stipulation was later filed. Pursuant to section 207.18 of the Commission’s rules, the Commission and all persons who requested the On September 10, 1998, the presiding also gives notice of the commencement opportunity were permitted to appear in person or by counsel. administrative law judge (‘‘ALJ’’) issued of the final phase of its investigations. an ID (Order No. 9) terminating the The Commission will issue a final phase The Commission transmitted its investigation on the basis of the notice of scheduling which will be determination in these investigations to proposed consent order. No party published in the Federal Register as the Secretary of Commerce on October petitioned for review of the ID. provided in section 207.21 of the 2, 1998. The views of the Commission This action is taken under the Commission’s rules upon notice from are contained in USITC Publication authority of section 337 of the Tariff Act the Department of Commerce 3133 (October 1998), entitled ‘‘Elastic Rubber Tape from India: Investigation of 1930, as amended, 19 U.S.C. 1337, (Commerce) of an affirmative No. 701–TA–383 (Preliminary) and and Commission rule 210.42, 19 CFR preliminary determination in the Investigation No. 731–TA–805 210.42. Copies of the ALJ’s ID and all investigations under section 703(b) or (Preliminary).’’ other nonconfidential documents filed 733(b) of the Act, or, if the preliminary in connection with this investigation are determination is negative, upon notice Issued: October 5, 1998. or will be available for inspection of an affirmative final determination in By order of the Commission. during official business hours (8:45 a.m. these investigations under section Donna R. Koehnke, to 5:15 p.m.) in the Office of the 705(a) or 735(a) of the Act. Parties that Secretary. Secretary, U.S. International Trade filed entries of appearance in the [FR Doc. 98–27682 Filed 10–14–98; 8:45 am] preliminary phase of the investigations Commission, 500 E Street, S.W., BILLING CODE 7020±02±P Washington, D.C. 20436, telephone 202– need not enter a separate appearance for 205–2000. Hearing-impaired persons are the final phase of the investigations. advised that information on this matter Industrial users, and, if the merchandise INTERNATIONAL TRADE can be obtained by contacting the under investigation is sold at the retail COMMISSION Commission’s TDD terminal on 202– level, representative consumer Import Investigations; Five Year 205–1810. General information organizations have the right to appear as Reviews Termination concerning the Commission may also be parties in Commission antidumping and obtained by accessing its Internet server countervailing duty investigations. The Secretary will prepare a public service Steel Jacks from Canada (AA1921–49 (http://www.usitc.gov). (Review)) list containing the names and addresses By order of the Commission. Fish Netting of Manmade Fiber From Japan of all persons, or their representatives, (AA1921–85 (Review)) Issued: October 6, 1998. who are parties to the investigations. Large Power Transformers From France, Donna R. Koehnke, Italy, and Japan (AA1921–86–88 (Review)) Secretary. 1 The record is defined in sec. 207.2(f) of the Bicycle Speedometers From Japan (AA1921– 98 (Review)) [FR Doc. 98–27683 Filed 10–14–98; 8:45 am] Commission’s Rules of Practice and Procedure (19 C.F.R. § 207.2(f)). Canned Bartlett Pears From Australia BILLING CODE 7020±02±P 2 Commissioner Askey dissenting. (AA1921–110 (Review)) 55408 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

AGENCY: United States International States v. Akzo Coatings, Inc., et al, Civil cost) payable to the Consent Decree Trade Commission. Action No. 98–WM–2109, were lodged Library. ACTION: Termination of five-year with the United States District Court for Walker B. Smith, reviews. the District of Colorado. The United Deputy Chief, Environmental Enforcement States filed this action pursuant to the Section, Environment and Natural Resources SUMMARY: On July 6, 1998, the Comprehensive Environmental Division. Department of Commerce and the Response, Compensation and Liability [FR Doc. 98–27692 Filed 10–14–98; 8:45 am] Commission began the subject five-year Act, as amended (‘‘CERCLA’’), 42 U.S.C. BILLING CODE 4410±15±M reviews to determine whether 9601, et seq., to recover the past revocation of the existing antidumping response costs incurred at or in duty orders would be likely to lead to connection with the Chemical Handling DEPARTMENT OF JUSTICE continuation or recurrence of dumping and material injury to a domestic Site in Jefferson County, Colorado. Notice of Lodging of Consent Decree industry (63 FR 36389). On October 5, The proposed Consent Decrees Pursuant to the Clean Air Act; 1998, the Department of Commerce resolve claims against: Akzo Nobel Calaveras Cement Co. notified the Commission that it was Coatings, Inc., Alaska Railroad In accordance with Departmental revoking the orders in the subject Corporation, Allied Barrel & Container, policy, 28 CFR 50.7, notice is hereby reviews because no domestic interested Inc., Alumax Mill Products, Inc., Eaton given that a proposed consent decree in party responded to its notice of Corporation, Elamex S.A. De C.V., United States v. Calaveras Cement initiation by the applicable deadline (63 Honeywell, Inc., Kawneer Company, Company, No. CIVF–97–5418–OWW, FR 54441, October 9, 1998). Inc., Landstar Ligon, Inc., Louisiana- was lodged on October 1, 1998 with the Accordingly, pursuant to section 207.69 Pacific Corporation, Microsemi United States District Court for Eastern of the Commission’s Rules of Practice Corporation—Colorado, No-Putts, Inc. District of California. and Procedure (19 CFR § 207.69), the Pel-Freez Rabbit Meat, Inc., Rock-Tenn The consent decree settles claims for subject reviews are terminated. Company, Rock-Tenn Company of civil penalties and injunctive relief EFFECTIVE DATE: October 5, 1998. Arkansas, Todd Shipyards Corporation, against Calaveras Cement Company FOR FURTHER INFORMATION CONTACT: Vera Western Forge Corporation, and (‘‘Calaveras’’) under the Clean Air Act. Libeau (202–205–3176), Office of Weyerhaeuser Company, Inc. This The complaint alleges: (1) that Calaveras Investigations, U.S. International Trade proposed Consent Decrees recover violated the Prevention of Significant Commission, 500 E Street SW, response costs of $1,542,848.91. The Deterioration (‘‘PSD’’) regulations, 40 Washington, DC 20436. Hearing- Decrees also settle potential claims CFR 52.21, as incorporated in the impaired individuals are advised that against the United States at the Site. applicable State Implementation Plan information on this matter can be (‘‘SIP’’), by failing to undergo PSD The Department of Justice will receive obtained by contacting the review prior to obtaining an Authority for a period of thirty (30) days from the Commission’s TDD terminal on 202– to Construct permit for a ‘‘major 205–1810. Persons with mobility date of this publication comments modification’’ of its facility, (2) that, in impairments who will need special relating to the Decrees. Comments the alternative, Calaveras violated the assistance in gaining access to the should be addressed to the Assistant emissions limits for nitrogen oxides Attorney General of the Environment Commission should contact the Office (‘‘NOX’’) in an permit issued by the Kern of the Secretary at 202–205–2000. and Natural Resources Division, County Air Pollution Control District for General information concerning the Department of Justice, Washington, DC a minor modification, (3) that Calaveras Commission may also be obtained by 20530, and should refer, to United violated Subpart F of the New Source accessing its internet server (http:// States v. Akzo Coatings, Inc., et al, Civil Performance Standards (‘‘NSPS’’), 40 www.usitc.gov). Action No. 98–WM–2109, and D.J. Ref. CFR Part 60, by failing to submit timely # Authority: These reviews are being 90–7–1–666/1. continuous emissions monitoring terminated under authority of title VII of the The Decrees may be examined at the (‘‘CEM’’) data for emissions from its kiln Tariff Act of 1930; this notice is published United States Department of Justice, and clinker cooler and by exceeding the pursuant to section 207.69 of the Environment and Natural Resources emissions limits for particulate matter Commission’s rules (19 CFR 207.69). Division, Denver Field Office, 999 18th on three occasions, and (4) that Issued: October 9, 1998. Street, North Tower Suite 945, Denver, Calaveras violated Subpart Y (as well as By order of the Commission. Subpart A) of the NSPS, 40 C.F.R. Part Colorado, 80202 and the U.S. EPA 60, by failing to conduct a timely Donna R. Koehnke, Region VIII, 999 18th Street, Superfund performance test on its coal preparation Secretary. Records Center, Suite 500, Denver, CO [FR Doc. 98–27684 Filed 10–14–98; 8:45 am] plant. 80202, and at the Consent Decree Pursuant to the consent decree BILLING CODE 7020±02±P Library, 1120 G Street, N.W., 3rd Floor, Calaveras will pay a civil penalty of Washington, DC 20005, (202) 624–0892. $222,000 and will operate under interim A copy of the Decrees may be obtained emission limits set forth in the consent DEPARTMENT OF JUSTICE in person or by mail from the Consent decree until Calaveras’ application for a Decree Library, 1120 G Street, NW., 3rd Notice of Lodging of Consent Decrees federally approved permit has been Floor, Washington, DC 20005. In Under the Comprehensive resolved. Environmental Response, requesting a copy, please enclose a The Department of Justice will Compensation and Liability Act; Akzo check in the amount of $18.75 for the receive, for a period of thirty (30) days Coatings, Inc., et al. Decrees (25 cents per page reproduction from the date of this publication, comments relating to the proposed Notice is hereby given that on consent decree. Comments should be September 30, 1998 three proposed addressed to the Assistant Attorney Consent Decrees (‘‘Decrees’’) in United General for the Environment and Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55409

Natural Resources Division, Department The proposed consent decree costs) payable to the Consent Decree of Justice, Washington, D.C. 20530, and provides that the Defendant shall pay to Library. should refer to United States v. the United States $1,000,000 in civil Joel Gross, Calaveras Cement Company, DOJ Ref. penalties. In addition, the proposed Chief, Environmental Enforcement Section, #90–5–2–1920. consent decree requires ConAgra to Environment and Natural Resources Division. The proposed consent decree may be cease all land application of wastes at [FR Doc. 98–27695 Filed 10–13–98; 8:45 am] examined at the office of the United the Facility for so long as a CAFO and/ BILLING CODE 4410±15±M States Attorney, for the Eastern District or slaughterhouse is operated at the of California, 1130 ‘‘O’’ Street, Room Facility, close its existing wastewater 3654, Fresno, CA 93721 (209) 498–7272; treatment ponds and construct a new DEPARTMENT OF JUSTICE the Region IX Office of the wastewater treatment pond(s), and Environmental Protection Agency, 75 Notice of Lodging of Consent Decree implement a Supplemental Hawthorne Street, San Francisco, CA; Pursuant to the Comprehensive and at the Consent Decree Library, 1120 Environmental Project, which requires Environmental Response, G Street, N.W., 3rd Floor, Washington, ConAgra to remove cattle from its CAFO Compensation and Liability Act and D.C. 20005, (202) 624–0892. A copy of and cease all use of its CAFO to reduce Resource Conservation and Recovery the proposed consent decree may be the potential sources of pollutants to the Act; Lake Geneva Associates, et al. obtained in person or by mail from the surface waters. In accordance with Departmental Consent Decree Library, 1120 G Street, The proposed consent decree settles policy, 28 C.F.R. § 50.7, notice is hereby N.W., 3rd Floor, Washington, D.C. all civil claims against ConAgra for given that on September 30, 1998 a 20005. In requesting a copy please refer violations of the CWA at ConAgra’s proposed Consent Decree in United to the referenced case and enclose a Facility alleged in the Amended States v. Lake Geneva Associates, et al., check in the amount of $5.75 (25 cents Complaint, as modified by the January Civil Action No. 98–C–0972, was lodged per page reproduction costs), payable to 26, 1998 Notice of Corrections, that with the United States District Court for the Consent Decree Library. occurred prior to the date of lodging of the Eastern District of Wisconsin. Joel Gross, this Consent Decree, including alleged The Consent Decree resolves certain Chief, Environmental Enforcement Section, violations of effluent limitations in claims of the United States against Lake Environmental and Natural Resources ConAgra’s NPDES permits, violations of Geneva Associates, Playboy Enterprises, Division. monitoring, reporting and records and Marcus Geneva, Inc., under [FR Doc. 98–27690 Filed 10–14–98; 8:45 am] requirements in ConAgra’s NPDES Sections 107(a) and 113(g)(2) of BILLING CODE 4410±15±M permits, and unauthorized discharges of CERCLA, 42 U.S.C. 9607(a) and pollutants to surface waters via french 9613(g)(2), at the former Southern Lakes Trap Skeet Club site (‘‘the Site’’) near DEPARTMENT OF JUSTICE drains, soils and hydrologically- connected groundwater. Lake Geneva in Walworth County, Wisconsin. The defendants have been Notice of Lodging of Consent Decree The Department of Justice will named as either a former owner during Pursuant to the Clean Water Act; receive, for a period of thirty (30) days ConAgra, Inc. the disposal of hazardous substances at, from the date of this publication, or the current owner of, the Site. In accordance with Departmental comments relating to the proposed The settlement requires the settling policy, 28 C.F.R. 50.7, notice is hereby consent decree. Comments should be defendants to make payment of given that a proposed consent decree in addressed to the Assistant Attorney $925,000 for past response costs United States v. ConAgra, Inc., Civil General for the Environment and incurred by the U.S. Environmental Action No. CIV96–0134–S–LMB, was Natural Resources Division, Department Protection Agency in connection with lodged on October 1, 1998 with United of Justice, Washington, D.C. 20530, and the Site and of $75,000 on behalf of the States District Court for the District of should refer to United States v. Department of the Interior and the U.S. Idaho. The United States of America ConAgra, Inc., DOJ Ref. 90–5–1–1–4284. Fish and Wildlife Service for natural (‘‘United States’’), on behalf of the The proposed consent decree can be resource damages. The Consent Decree United States Environmental Protection examined at the Office of the United includes a covenant not to sue by the Agency, has filed a civil Amended States Attorney, District of Idaho, 877 United States under Sections 106 and Complaint pursuant to Section 309 (b) West Main, Suite 201, Boise, Idaho 107(a) of CERCLA and Section 7003 of and (d) of the Federal Water Pollution the Resource Conservation and 83707; the Region 10, Idaho Office of Control Act, as amended (the ‘‘CWA’’ or Recovery Act (‘‘RCRA’’), 42 U.S.C. 6973, the Environmental Protection Agency, the ‘‘Act’’)), 33 U.S.C. 1319 (b) and (d), for: (1) Response costs and actions and a January 26, 1998 Notice of 1435 N. Orchard Street, Boise, Idaho associated with the EPA removal action Corrections to the Amended Complaint. 83706; and at the Consent Decree at the Site; (2) natural resource damages In the Amended Complaint modified by Library, 1120 G Street, N.W., 3rd Floor, resulting from shooting activities at or a January 26, 1998 Notice of Washington, D.C. 20005, (202) 624– from the Site; and, (3) any and all claims Corrections, the United States alleges 0892. A copy of the proposed consent by the United States for violations of the that the Defendant, ConAgra, Inc., decree may be obtained in person or by requirements of an EPA administrative violated the Clean Water Act and the mail from the Consent Decree Library, order, Docket No. V–W–94–C. terms and conditions of National 1120 G Street, N.W., 3rd Floor, The Department of Justice will Pollutant Discharge Elimination System Washington, D.C. 20005. In requesting a receive, for a period of thirty (30) days permits at the Armour Fresh Meats copy, please refer to the referenced case from the date of this publication, Company of Nampa, Idaho, beef and enclose a check in the amount of comments relating to the proposed slaughterhouse and concentrated animal $10.50 (25 cents per page reproduction Consent Decree. Comments should be feeding operation located at Railroad addressed to the Assistant Attorney Road and Amity, Nampa, Idaho General for the Environment and (‘‘Facility’’). Natural Resources Division, United 55410 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

States Department of Justice, P.O. Box future oversight costs in connection disposing of the refinery’s wastewater 7611, Ben Franklin Station, Washington, with the settling defendants’ approved by the United States D.C. 20044–7611, and should refer to performance of the remedy at the Site. Environmental Protection Agency and United States v. Lake Geneva The Department of Justice will the New Mexico Department of the Associates, et al., Civil Action No. 98– receive, for a period of thirty (30) days Environment, and pay a civil penalty of C–0972, and the Department of Justice from the date of this publication, $1.75 million. Reference No. 90–11–3–1063. comments relating to the proposed The Department of Justice will Commenters may request an Consent Decree. receive, for a period of thirty (30) days opportunity for a public hearing in the Comments should be addressed to the from the date of this publication, affected area, in accordance with Assistant Attorney General for the comments relating to the proposed Section 7003(d) of RCRA, 42 U.S.C. Environment and Natural Resources consent decree. Comments should be 6973(d). Division, Department of Justice, P.O. addressed to the Assistant Attorney The proposed Consent Decree may be Box 7611, Washington, D.C. 20044– General for the Environment and examined at the Office of the United 7611, and should refer to United States Natural Resources Division, Department States Attorney for the Eastern District v. Jerome Lightman, et al., DOJ Ref. No. of Justice, Washington, D.C. 20530, and of Wisconsin, 517 E. Wisconsin Ave., 90–11–3–942A. should refer to United States v. Navajo Room 530, Milwaukee, Wisconsin The proposed consent decree may be Refining Company, DOJ Ref. #90–7–1– 53202; the Region 5 Office of the United examined at the Office of the United 723. States Environmental Protection States Attorney, U.S. Courthouse, Room The proposed consent decree may be Agency, 77 West Jackson Boulevard, 2070, 4th and Cooper Streets, Camden, examined at the office of the United Chicago, Illinois 60604–3590; and at the New Jersey 08101; the Region II Office States Attorney, P.O. Box 607, Consent Decree Library, 1120 G Street, of the Environmental Protection Albuquerque, NM 87103; the Region 6 N.W., 3rd Floor, Washington, D.C. Agency, Region II Records Center, 290 Office of the Environmental Protection 20005, telephone no. (202) 624–0892. A Broadway, 17th Floor, New York, NY Agency, 1445 Ross Avenue, Dallas, TX copy of the proposed Consent Decree 10007–1866; and at the Consent Decree 75202, and at the Consent Decree may be obtained in person or by mail Library, 1120 G Street, N.W., Fourth Library, 1120 G Street, N.W., 3rd Floor, from the Consent Decree Library, 1120 Floor, Washington, D.C. 20005, (202) Washington, D.C. 20005, (202) 624– G Street, N.W., 3rd Floor, Washington, 624–0892. A copy of the proposed 0892. A copy of the proposed consent D.C. 20005. In requesting a copy, please consent decree may be obtained in decree may be obtained in person or by refer to DJ #90–11–3–1063, and enclose person or by mail from the Consent mail from the Consent Decree Library, a check in the amount of $30.75 (25 Decree Library, 1120 G Street, N.W., 1120 G Street, N.W., 3rd Floor, cents per page for reproduction costs), Fourth Floor, Washington, D.C. 20005. Washington, D.C. 20005. In requesting a payable to the Consent Decree Library. In requesting a copy, please refer to the copy please refer to the referenced case Joel M. Gross, referenced case and enclose a check in and enclose a check in the amount of Chief, Environmental Enforcement Section, the amount of $9.00 (25 cents per page $10.25 for the consent decree, and $4.00 Environment and Natural Resources Division. reproduction costs), payable to the for the attachments (25 cents per page [FR Doc. 98–27689 Filed 10–14–98; 8:45 am] Consent Decree Library. reproduction costs), payable to the BILLING CODE 4410±15±M Bruce Gelber, Consent Decree Library. Deputy Chief, Environmental Enforcement Walker B. Smith, Section, Environment and Natural Resources Deputy Chief, Environmental Enforcement DEPARTMENT OF JUSTICE Division. Section, Environment and Natural Resources [FR Doc. 98–27694 Filed 10–14–98; 8:45 am] Division. Notice of Lodging of Consent Decree BILLING CODE 4410±15±M [FR Doc. 98–27691 Filed 10–14–98; 8:45 am] Pursuant to the Comprehensive BILLING CODE 4410±01±M Environmental Response, Compensation and Liability Act; DEPARTMENT OF JUSTICE Jerome Lightman, et al. DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree In accordance with Departmental Pursuant to the Solid Waste Disposal Notice of Lodging of Consent Decrees policy 28 C.F.R. 50.7, notice is hereby Act; Navajo Refining Co. Pursuant to the Comprehensive given that a proposed Consent Decree in Environmental Response, In accordance with Departmental United States v. Jerome Lightman, et al., Compensation, and Liability Act; North policy, 28 CFR 50.7, notice is hereby Civil Action No. 92–4710 (JBS), was American Galvanizing Co., et al. lodged on October 2, 1998 with the given that a proposed consent decree in United States District Court for the United States v. Navajo Refining In accordance with Departmental District of New Jersey. Company, Civil Action No. C93–860–M/ policy, 28 CFR 50.7 and 42 U.S.C. The proposed Consent Decree WWD was lodged on September 22, 9622(d)(2), notice is hereby given that embodies an agreement with 20 1998, with the United States District two proposed consent decrees in United potentially responsible parties (‘‘PRPs’’) Court for the District of New Mexico. States v. North American Galvanizing at the Site to pay $7.1 million in The Consent Decree requires defendant Co., et al., Civil Action No. 98–1200, settlement of claims for EPA’s past Navajo Refining Company (‘‘NRC’’), a were lodged with the United States response costs at the Site. The payments private company not affiliated with the District Court for the Eastern District of made by the settlers will be used to Navaho Indian Nation, to upgrade the Pennsylvania on September 30, 1998. reimburse past costs incurred at the wastewater treatment system at its The proposed consent decrees pertain Site. Artesia, New Mexico petroleum to the Boyles Galvanizing Superfund The Consent Decree provides the refinery, cease all discharges of refinery Site (‘‘Site’’), located in the City and settling defendants with a covenant not wastewater to the earthen evaporation County of Philadelphia, Pennsylvania. to sue for civil liability for EPA’s past ponds located three miles northeast of They resolve the claims of the plaintiff, CERCLA response costs at the Site and the refinery, adopt an alternate means of the United States of America, filed Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55411 against defendants, North American 624–0892. A copy of the proposed Copies of the proposed Consent Galvanizing Co. and Boyles Galvanizing consent decrees may be obtained in Decree may be examined at the Office of Co. (collectively referred to herein as the person or by mail from the Consent the United States Attorney, Eastern ‘‘NAGC Defendants’’), and Gustav Decree Library, 1120 G Street, N.W., 3rd District of Pennsylvania, 615 Chestnut Propper and All Real Property Located Floor, Washington, D.C. 20005. In Street, Suite 1250, Philadelphia, PA at and Comprising 2501–2527 East requesting a copy, please enclose a 19106; Region III Office of EPA, 1650 Cumberland Street, Philadelphia check in the amount of $8.25 (25 cents Arch Street, Philadelphia, PA 19103; County, Pennsylvania (collectively per page reproduction cost) payable to and at the Consent Decree Library, 1120 referred to herein as the ‘‘Propper the Consent Decree Library. G Street, N.W., 3rd Floor, Washington, Defendants’’), pursuant to Section 107 Joel M. Gross, D.C. 20005, (202) 624–0892. A copy of of the Comprehensive Environmental Chief, Environmental Enforcement Section, the proposed Consent Decree may be Response, Compensation and Liability Environment and Natural Resources Division. obtained in person or by mail from the Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq. [FR Doc. 98–27693 Filed 10–14–98; 8:45 am] Consent Decree Library, 1120 G Street, The consent decrees require the N.W., 3rd Floor, Washington, D.C. BILLING CODE 4410±15±M NAGC defendants to make a total 20005. When requesting a copy of the payment of $264,161.16 in removal proposed Consent Decree, please costs in four installments over a three DEPARTMENT OF JUSTICE enclose a check to cover the twenty-five year period plus interest and to cents per page reproduction costs relinquish any claims they may have Notice of Lodging of Consent Decree payable to the ‘‘Consent Decree Library’’ against the United States. The consent in Comprehensive Environmental in the amount of $12.00, and please decrees also require the Propper Response, Compensation and Liability reference United States v. Occidental Defendants to sell the property which Act Cost Recovery Action; Occidental Chemical Corp. et al. DOJ No. 90–11–3– consists of the Boyles Galvanizing Chemical Corp. et al. 962B. Superfund Site for a minimum sales Joel M. Gross, price of $108,000 within 60 days of the In accordance with the Departmental Chief, Environmental Enforcement Section, entry of the consent decree and to Policy, 28 C.F.R. 50.7, notice is hereby Environment and Natural Resources Division, provide 60% of the sales proceeds given that a Consent Decree in United U.S. Department of Justice. ($64,800) to the United States at the States v. Occidental Chemical Corp. et [FR Doc. 98–27696 Filed 10–14–98; 8:45 am] time of closing. The consent decrees al., Civil Action No. 98–CV–5169 was BILLING CODE 4410±15±M also include covenants not to sue by the lodged with the United States District United States under Sections 106 and Court for the Eastern District of 107 of CERCLA, 42 U.S.C. 9601 et seq., Pennsylvania on September 29, 1998. DEPARTMENT OF JUSTICE and Section 7003 of the Resource This Consent Decree resolves the United Conservation and Recovery Act States’ claims against Occidental Immigration and Naturalization Service (‘‘RCRA’’), 42 U.S.C. 6973, and provide Chemical Corp., Clean Harbors of the defendants with contribution Agency Information Collection Cleveland, Inc., Congoleum Corp., Activities: Comment Request protection. Esschem, Inc., NRM Investment, Inc., The Department of Justice will Worthington Steel Corp., Valley Forge ACTION: Request OMB Emergency receive, for a period of thirty (30) days Sewer Authority, West Goshen Approval; Telephone Verification from the date of this publication, Township, Borough of West Chester, System (TVS) Phase II Pilot Non-Citizen comments relating to the proposed Borough of Downingtown, Unisys Employees Employment Status Report. consent decrees. Comments should be Corporation, Westcode, Inc., Whitford The Department of Justice, addressed to the Assistant Attorney Corp., Wyeth Laboratories, USA Waste Immigration and Naturalization Service General for the Environment and of Delaware, as a successor to Harvey & Natural Resources Division, Department (INS) has submitted an emergency Harvey (‘‘Settling Defendants’’), under of Justice, Washington, D.C. 20530 and information collection request (ICR) Sections 106 and 107(a) of the to the United States Attorney for the utilizing emergency review procedures, Comprehensive Environmental Eastern District of Pennsylvania, 615 to the Office of Management and Budget Response, Compensation and Liability Chestnut Street, Suite 1250, (OMB) for review and clearance in Act (‘‘DERCLA’’), 42 U.S.C. 9606 and Philadelphia, Pennsylvania 19106, and accordance with § 1320.13(a)(1) of the 9607(a), for response costs incurred at should refer to United States v. North Paperwork Reduction Act of 1995. The the Strasburg Landfill Superfund Site in American Galvanizing Co., et al., Civil INS has determined that it cannot Newlin Township, PA. The Consent Action No. 98–1200, USAO No. reasonably comply with the normal Decree requires the Settling Defendants 199V02292, DOJ Ref. #90–11–2–1330. clearance procedures under this part Anyone making comments may request to pay $2.5 million in reimbursement of because normal clearance procedures an opportunity for a public meeting in response costs relating to the Strasburg are reasonably likely to prevent or the affected area, in accordance with Landfill cleanup. disrupt the collection of information. Section 7003(d) of RCRA. The Department of Justice will accept Therefor, OMB approval has been The proposed consent decrees may be written comments on the proposed requested by October 16, 1998. If examined at the Office of the United Consent Decree for thirty (30) days from granted, the emergency approval is only States Attorney, Eastern District of the date of publication of this notice. valid for 180 days. ALL comments and/ Pennsylvania, 615 Chestnut Street, Suite Please address comments to the or questions pertaining to this pending 1250, Philadelphia, Pennsylvania Assistant Attorney General, request for emergency approval MUST 19106, the Region III Office of the Environment and Natural Resources be directed to OMB, Office of Environmental Protection Agency, 841 Division, Department of Justice, P.O. Information and Regulatory Affairs, Chestnut Building, Philadelphia, Box 7611, Ben Franklin Station, Attention: Mr. Stuart Shapiro, 202–395– Pennsylvania, 19107, and at the Consent Washington, D.C. 20044 and refer to 7316, Department of Justice Desk Decree Library, 1120 G Street, N.W., 3rd United States v. Occidental Chemical Officer, Washington, DC 20503. Floor, Washington, D.C. 20005, (202) Corp. et al., DOJ No. 90–11–3–962B. Comments regarding the emergency 55412 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices submission of this information SAVE Branch, Immigration and law and could harm wildlife and natural collection may also be submitted via Naturalization Service. resources, including ground and surface facsimile to Mr. Shapiro at 202–395– (4) Affected public who will be asked water. A person whose interest may be 6974. or required to respond, as well as a brief affected, including a State, county, During the first 60 days of this same abstract: Primary: Individuals or municipality or an agency thereof, may period, a regular review of this households. This information will be file a request to participate within 30 information collection is also being used by the INS to determine the days. See 10 CFR 2.1205(e, j, k). undertaken. During the regular review number of non-citizen employees who Dated: October 8, 1998. are authorized for employment in the period, the INS requests written Peter B. Bloch, comments and suggestions from the United States as a result of the Administrative Judge, Presiding Officer. public and affected agencies concerning Telephone Verification System Phase II this the information collection. Pilot Project. The users of the Telephone [FR Doc. 98–27659 Filed 10–14–98; 8:45 am] Comments are encouraged and will be Verification System are various BILLING CODE 7590±01±U accepted until December 14, 1998. employers throughout the United States. During the 60-day regular review, ALL (5) An estimate of the total number of NUCLEAR REGULATORY comments and suggestions, or questions respondents and the amount of time COMMISSION regarding additional information, to estimated for an average respondent to include obtaining a copy of the respond: 276,000 queries at [Docket No. 55±32442±SP; ASLBP No. 99± information collection instrument with approximately 7 minutes per response; 753±01±SP] instructions, should be directed to Mr. and 1,000 employers responding to Richard A. Sloan, 202–514–3291, MOU at approximately 1.5 hours per Shaun P. O'Hern; Designation of Director, Policy Directives and response. Presiding Officer (6) An estimate of the total public Instructions Branch, Immigration and Pursuant to delegation by the burden (in hours) associated with the Naturalization Service, U.S. Department Commission dated December 29, 1972, collection: 33,516 annual burden hours. of Justice, Room 5307, 425 I Street, NW., published in the Federal Register, 37 Washington, DC 20536. Written If additional information is required contact: Mr. Robert B. Briggs, Clearance F.R. 28710 (1972), and Sections 2.105, comments and suggestions from the 2.700, 2.702, 2.714, 2.714a, 2.717 and public and affected agencies concerning Officer, United States Department of Justice, Information Management and 2.1207 of the Commission’s Regulations, the proposed collection of information a single member of the Atomic Safety should address one or more of the Security Staff, Justice Management Division, Suite 850, Washington Center, and Licensing Board Panel is hereby following four points: designated to rule on petitions for leave (1) Evaluate whether the proposed 1001 G Street, NW., Washington, DC 20530. to intervene and/or requests for hearing collection of information is necessary and, if necessary, to serve as the for the proper performance of the Dated: October 8, 1998. Presiding Officer to conduct an informal functions of the agency, including Robert B. Briggs, adjudicatory hearing in the following whether the information will have Department Clearance Officer, United States proceeding. practical utility; Department of Justice. (2) Evaluate the accuracy of the [FR Doc. 98–27588 Filed 10–14–98; 8:45 am] Shaun P. O’Hern (Denial of Reactor Operator’s License Application) agencies estimate of the burden of the BILLING CODE 4410±10±M proposed collection of information, The hearing, if granted, will be including the validity of the conducted pursuant to 10 CFR Subpart methodology and assumptions used; NUCLEAR REGULATORY L of the Commission’s Regulations, (3) Enhance the quality, utility, and COMMISSION ‘‘Informal Hearing Procedures for clarity of the information to be Adjudications in Materials and Operator [Docket No. 40±8681±MLA±4; ASLBP No. Licensing Proceedings.’’ This collected; and 98±748±03±MLA] (4) Minimize the burden of the proceeding concerns a denial by NRC collection of information on those who Atomic Safety and Licensing Board Staff of Mr. O’Hern’s reactor operator’s are to respond, including through the Panel; International Uranium (USA) license application and Mr. O’Hern’s use of appropriate automated, Corporation (Receipt of Material From request for a hearing pursuant to 10 CFR electronic, mechanical, or other Tonawanda, NY); Material License Section 2.103. technological collection techniques or Amendment; Memorandum and Order The Presiding Officer in this other forms of information technology, (Notice of Opportunity for a Hearing) proceeding is Administrative Judge e.g., permitting electronic submission of Peter B. Bloch. Pursuant to the responses. Before Administrative Judges: provisions of 10 CFR 2.722, the Overview of this information Peter B. Bloch, Presiding Officer Presiding Officer has appointed collection: Richard F. Cole, Special Assistant Administrative Judge Richard F. Cole to (1) Type of Information Collection: Pursuant to the Presiding Officer’s assist the Presiding Officer in taking Reinstatement without change of Memorandum and Order of September evidence and in preparing a suitable previously approved information 1, 1998, the petition for a hearing of the record for review. collection. State of Utah has been granted. This All correspondence, documents and (2) Title of the Form/Collection: proceeding will be conducted pursuant other materials shall be filed with Judge Telephone Verification System (TVS), to 10 CFR Part 2, Subpart L, which Bloch and Judge Cole in accordance Phase II Pilot Non-Citizen Employees requires written presentations. The State with CFR § 2.701. Their addresses are: Employment Status Report. alleges that the Ashland 2 materials Administrative Judge Peter B. Bloch, (3) Agency form number, if any, and permitted to be shipped to International Presiding Officer, Atomic Safety and the applicable component of the Uranium (USA) Corporation contain Licensing Board Panel, U.S. Nuclear Department of Justice sponsoring the hazardous waste and that its handling Regulatory Commission, Washington, collection: No Agency Form Number and disposal could violate applicable D.C. 20555. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55413

Dr. Richard F. Cole, Special Assistant, Plant Design; Evaluation of the Impact currently being implemented by the Atomic Safety and Licensing Board of Hydrogen Recombiner Operation on licensee, the current status of the plant, Panel, U.S. Nuclear Regulatory Plant Risk; and Development of Risk and other related matters. Commission, Washington, D.C. 20555. Status for Nuclear Plants Seeking 12:45 P.M.–1:45 P.M.: Report of the Issued at Rockville, Maryland, this 8th day Significant Power Uprates. Planning and Procedures Subcommittee (Open/Closed)—The Committee will of October 1998. Thursday, November 5, 1998 B. Paul Cotter, Jr., hear a report of the Planning and 8:30 A.M.–8:35 A.M.: Opening Procedures Subcommittee on matters Chief Administrative Judge, Atomic Safety Remarks by the ACRS Chairman and Licensing Board Panel. related to the conduct of ACRS (Open)—The ACRS Chairman will make business, follow-up matters resulting [FR Doc. 98–27658 Filed 10–14–98; 8:45 am] opening remarks regarding the conduct from the quadripartite meeting held on BILLING CODE 7590±01±P of the meeting. October 5–9, 1998, and organizational 8:35 A.M.–10:00 A.M.: Options to and personnel matters relating to the Revise the Enforcement Policy (Open)— ACRS, including qualifications of NUCLEAR REGULATORY The Committee will hear presentations candidates for ACRS membership. COMMISSION by and hold discussions with [Note: A portion of this session may be Advisory Committee on Reactor representatives of the NRC staff closed to discuss organizational and Safeguards; Meeting Notice regarding the options developed by the personnel matters that relate solely to NRC staff to revise the enforcement the internal personnel rules and In accordance with the purposes of policy. practices of this Advisory Committee, Sections 29 and 182b. of the Atomic 10:15 A.M.–11:45 A.M.: NRC Staff’s and information the release of which Energy Act (42 U.S.C. 2039, 2232b), the Evaluation of the Westinghouse Owners would constitute a clearly unwarranted Advisory Committee on Reactor Group Topical Report on Risk-Informed invasion of personal privacy.] Safeguards will hold a meeting on Inservice Inspection of Piping (Open)— 1:45 P.M.–2:30 P.M.: Future ACRS November 4–7, 1998, in Conference The Committee will hear presentations Activities (Open)—The Committee will Room T–2B3, 11545 Rockville Pike, by and hold discussions with discuss the recommendations of the Rockville, Maryland. The date of this representatives of the NRC staff Planning and Procedures Subcommittee meeting was previously published in regarding the staff’s evaluation of the regarding items proposed for the Federal Register on Thursday, Westinghouse Owners Group topical consideration by the full Committee November 20, 1997 (62 FR 62079). report on risk-informed inservice during future meetings. inspection of piping at nuclear power 2:45 P.M.–3:00 P.M.: Reconciliation of Wednesday, November 4, 1998 plants, as well as the results of the ACRS Comments and 1:00 P.M.–1:15 P.M.: Opening associated pilot applications. Recommendations (Open)—The Remarks by the ACRS Chairman 12:45 P.M.–3:15 P.M.: Discussion of Committee will discuss the responses (Open)—The ACRS Chairman will make Items for Meeting with the Commission from the NRC Executive Director for opening remarks regarding conduct of (Open)—The Committee will discuss Operations (EDO) to comments and the meeting. anticipated items for the ACRS meeting recommendations included in recent 1:15 P.M.–3:15 P.M.: Proposed Rule with the NRC Commissioners. [Note: ACRS reports. The EDO’s responses are on the Use of Revised Source Term at The Commission has not yet approved expected prior to the meeting. Operating Plants/Pilot Application of the topics for this meeting.] 3:00 P.M.–7:00 P.M.: Preparation of Revised Source Term at the Perry 3:30 P.M.–7:00 P.M.: Preparation of ACRS Reports (Open)—The Committee Nuclear Plant (Open)—The Committee ACRS Reports (Open)—The Committee will continue its discussion of proposed will hear presentations by and hold will discuss proposed ACRS reports. ACRS reports. discussions with representatives of the NRC staff regarding the proposed rule Friday, November 6, 1998 Saturday, November 7, 1998 on the use of revised source term at 8:30 A.M.–8:35 A.M.: Opening 8:30 A.M.–3:00 P.M.: Preparation of operating plants and insights gained Remarks by the ACRS Chairman ACRS Reports (Open)—The Committee from the pilot application of the revised (Open)—The ACRS Chairman will make will continue its discussion of proposed source term at the Perry Nuclear Power opening remarks regarding conduct of ACRS reports. plant. the meeting. 3:00 P.M.–3:30 P.M. : Miscellaneous 3:30 P.M.–5:00 P.M.: Assessment of 8:35 A.M.–10:00 A.M.: Inspection (Open)—The Committee will discuss Pressurized Water Reactor (PWR) Procedures for Graded Quality matters related to the conduct of Primary Systems Leaks (Open)—The Assurance (Open)—The Committee will Committee activities and matters and Committee will hear presentations by hear presentations by and hold specific issues that were not completed and hold discussions with discussions with representatives of the during previous meetings, as time and representatives of the NRC staff and its NRC staff regarding the NRC inspection availability of information permit. contractor regarding results of the study procedures for evaluating the Procedures for the conduct of and on the PWR primary system leaks. effectiveness of the licensee’s graded participation in ACRS meetings were 5:15 P.M.–7:00 P.M.: Preparation of quality assurance programs. published in the Federal Register on ACRS Reports (Open)—The Committee 10:15 A.M.–11:45 A.M.: Salem September 29, 1998 (63 FR 51968). In will discuss several proposed ACRS Nuclear Plant Units 1 and 2 (Open)— accordance with these procedures, oral reports, including: Annual Report to The Committee will hear presentations or written views may be presented by Congress on the NRC Safety Research by and hold discussions with members of the public, including Program; Proposed Resolution of representatives of the licensee of the representatives of the nuclear industry. Generic Safety Issue 171, ‘‘Engineered Salem Nuclear Plant Units 1 and 2 and Electronic recordings will be permitted Safety Features Failure for Loss of the NRC staff regarding the issues that only during the open portions of the Offsite Power Subsequent to a Loss-of- lead to the shut down of Salem Units 1 meeting and questions may be asked Coolant Accident;’’ Lessons Learned and 2, resolution of issues prior to only by members of the Committee, its from the Review of the AP600 Passive restart, regulatory requirements consultants, and staff. Persons desiring 55414 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices to make oral statements should notify Dated: October 8, 1998. any of their consultants who may be Mr. Sam Duraiswamy, Chief of the Annette Vietti-Cook, present, may exchange preliminary Nuclear Reactors Branch, at least five Acting Advisory Committee Management views regarding matters to be days before the meeting, if possible, so Officer. considered during the balance of the that appropriate arrangements can be [FR Doc. 98–27655 Filed 10–14–98; 8:45 am] meeting. made to allow necessary time during the BILLING CODE 7590±01±P The Subcommittees will then hear meeting for such statements. Use of still, presentations by and hold discussions motion picture, and television cameras with representatives of the NRC staff, its during this meeting may be limited to NUCLEAR REGULATORY consultants, and other interested selected portions of the meeting as COMMISSION persons regarding this review. determined by the Chairman. Further information regarding topics Information regarding the time to be set Advisory Committee on Reactor to be discussed, whether the meeting aside for this purpose may be obtained Safeguards, Joint Meeting of the ACRS has been canceled or rescheduled, and by contacting the Chief of the Nuclear Subcommittees on Reliability and the Chairman’s ruling on requests for Reactors Branch prior to the meeting. In Probabilistic Risk Assessment and on the opportunity to present oral view of the possibility that the schedule Regulatory Policies and Practices; statements and the time allotted therefor for ACRS meetings may be adjusted by Notice of Meeting can be obtained by contacting the cognizant ACRS staff engineer, Mr. the Chairman as necessary to facilitate The ACRS Subcommittees on Michael T. Markley (telephone 301/ the conduct of the meeting, persons Reliability and Probabilistic Risk 415–6885) between 7:30 a.m. and 4:15 planning to attend should check with Assessment and on Regulatory Policies p.m.(EDT). Persons planning to attend the Chief of the Nuclear Reactors Branch and Practices will hold a meeting on this meeting are urged to contact the if such rescheduling would result in October 29 and 30, 1998, Room T–2B3, above named individual one or two major inconvenience. 11545 Rockville Pike, Rockville, working days prior to the meeting to be In accordance with Subsection 10(d) Maryland. advised of any potential changes to the Public Law 92–463, I have determined The entire meeting will be open to agenda, etc., that may have occurred. that it is necessary to close portions of public attendance. this meeting noted above to discuss The agenda for the subject meeting Date: October 7, 1998. matters that relate solely to the internal shall be as follows: Sam Duraiswamy, personnel rules and practices of this Thursday, October 29, 1998–8:30 a.m. Chief Nuclear Reactors Branch. Advisory Committee per 5 U.S.C. until the conclusion of business. [FR Doc. 98–27657 Filed 10–14–98; 8:45 am] 552b(c)(2), and to discuss information Friday, October 30, 1998–8:30 a.m. BILLING CODE 7590±01±P the release of which would constitute a until the conclusion of business. clearly unwarranted invasion of The Subcommittees will continue its personal privacy per 5 U.S.C. 552b(c)(6). discussion of proposed options to make NUCLEAR REGULATORY Further information regarding topics 10 CFR Part 50 risk-informed, Nuclear COMMISSION to be discussed, whether the meeting Energy Institute (NEI) Whole Plant has been canceled or rescheduled, the Study, and options for developing a State of Arkansas Relinquishment of Chairman’s ruling on requests for the risk-informed approach to revising 10 Sealed Source and Device Evaluation opportunity to present oral statements CFR 50.59. The Subcommittees will also and Approval Authority and and the time allotted therefor, can be review the staff’s safety evaluation Reassumption by the Commission obtained by contacting Mr. Sam report for the Westinghouse Owners AGENCY: Duraiswamy, Chief of the Nuclear Group topical report on risk-informed Nuclear Regulatory Reactors Branch (telephone 301/415– inservice inspection of piping at nuclear Commission. 7364), between 7:30 A.M. and 4:15 P.M. power plants, as well as the results of ACTION: Notice of reassumption of sealed EDT. the associated pilot applications. The source and device evaluation and ACRS meeting agenda, meeting purpose of this meeting is to gather approval authority from the State of transcripts, and letter reports are information, analyze relevant issues and Arkansas. available for downloading or viewing on facts, and to formulate proposed SUMMARY: Notice is hereby given that the internet at http://www.nrc.gov/ positions and actions, as appropriate, effective October 1, 1998, the Nuclear ACRSACNW. for deliberation by the full Committee. Regulatory Commission reassumed Video teleconferencing service is Oral statements may be presented by regulatory authority for sealed source available for observing open sessions of members of the public with the and device evaluations and approvals in ACRS meetings. Those wishing to use concurrence of the Subcommittee the Agreement State of Arkansas in this service for observing ACRS Chairman; written statements will be response to a request from the Governor meetings should contact Mr. Theron accepted and made available to the of the State of Arkansas to relinquish Brown, ACRS Audio Visual Technician, Committee. Electronic recordings will this authority. (301–415–8066) between 7:30 a.m. and be permitted only during those portions 3:45 p.m. Eastern Time at least 10 days of the meeting that are open to the EFFECTIVE DATE: October 1, 1998. before the meeting to ensure the public, and questions may be asked only FOR FURTHER INFORMATION CONTACT: Mr. availability of this service. Individuals by members of the Subcommittees, their Lloyd A. Bolling, Jr., Agreement State or organizations requesting this service consultants, and staff. Persons desiring Project Officer, Office of State Programs, will be responsible for telephone line to make oral statements should notify U.S. Nuclear Regulatory Commission, charges and for providing the the cognizant ACRS staff engineer Washington, DC 20555, telephone (301) equipment facilities that they use to named below five days prior to the 415–2327, Internet: [email protected]. establish the video teleconferencing meeting, if possible, so that appropriate SUPPLEMENTARY INFORMATION: Currently, link. The availability of video arrangements can be made. the State of Arkansas has an Agreement teleconferencing services is not During the initial portion of the with the Nuclear Regulatory guaranteed. meeting, the Subcommittees, along with Commission (NRC) which grants the Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55415

State authority to regulate specific PENSION BENEFIT GUARANTY securities for the month preceding the categories of radioactive materials CORPORATION beginning of the plan year for which formerly regulated by the NRC. This premiums are being paid (the ‘‘premium Agreement was entered into on July 1, Interest Assumption for Determining payment year’’). The yield figure is 1963, pursuant to Section 274b of the Variable-Rate Premium; Interest on reported in Federal Reserve Statistical Atomic Energy Act of 1954, as amended. Late Premium Payments; Interest on Releases G.13 and H.15. Underpayments and Overpayments of For plan years beginning before July The NRC received a letter from Single-Employer Plan Termination 1, 1997, the applicable percentage of the Arkansas Governor Mike Huckabee Liability and Multiemployer Withdrawal 30-year Treasury yield was 80 percent. dated July 1, 1998 requesting Liability; Interest Assumptions for The Retirement Protection Act of 1994 relinquishment of the State’s authority Multiemployer Plan Valuations (RPA) amended ERISA section to evaluate and approve sealed source Following Mass Withdrawal 4006(a)(3)(E)(iii)(II) to change the and devices, and reassumption of this AGENCY: Pension Benefit Guaranty applicable percentage to 85 percent, authority by the NRC. The requested Corporation. effective for plan years beginning on or action would involve reassertion of after July 1, 1997. (The amendment also ACTION: regulatory authority by NRC over Notice of interest rates and assumptions. provides for a further increase in the activities currently regulated by applicable percentage—to 100 percent— Arkansas pursuant to its Agreement SUMMARY: This notice informs the public when the Internal Revenue Service with NRC. of the interest rates and assumptions to adopts new mortality tables for The Governor indicated that specific be used under certain Pension Benefit determining current liability.) requests for the Arkansas Radiation Guaranty Corporation regulations. These The assumed interest rate to be used Control Program to perform SS&D rates and assumptions are published in determining variable-rate premiums evaluations had been few (three elsewhere (or are derivable from rates for premium payment years beginning in October 1998 is 4.42 percent (i.e., 85 requests) since Arkansas became an published elsewhere), but are collected percent of the 5.20 percent yield figure Agreement State in 1963. He further and published in this notice for the convenience of the public. Interest rates for September 1998). indicated that no requests for SS&D are also published on the PBGC’s web (Under section 774(c) of the RPA, the evaluations were anticipated. The site (http://www.pbgc.gov). amendment to the applicable percentage Governor stated that Arkansas is DATES: The interest rate for determining was deferred for certain regulated public committed to maintaining a high quality the variable-rate premium under part utility (RPU) plans for as long as six regulatory program for radioactive 4006 applies to premium payment years months. The applicable percentage for materials. He also indicated that it beginning in October 1998. The interest RPU plans has therefore remained 80 would be difficult to maintain high assumptions for performing percent for plan years beginning before quality in an extremely small and multiemployer plan valuations January 1, 1998. For ‘‘partial’’ RPU unique program area that demands following mass withdrawal under part plans, the assumed interest rates to be atypical expertise on an infrequent basis 4281 apply to valuation dates occurring used in determining variable-rate and the State could not justify the in November 1998. The interest rates for premiums can be computed by applying resources required to perform the late premium payments under part 4007 the rules in § 4006.5(g) of the premium evaluations. Based on this, the State and for underpayments and rates regulation. The PBGC’s 1997 requests to relinquish its authority to overpayments of single-employer plan premium payment instruction booklet perform sealed source and device termination liability under part 4062 also describes these rules and provides evaluations. and multiemployer withdrawal liability a worksheet for computing the assumed rate.) The Commission has agreed to the under part 4219 apply to interest The following table lists the assumed request and has notified Arkansas that accruing during the fourth quarter (October through December) of 1998. interest rates to be used in determining effective October 1, 1998 the NRC variable-rate premiums for premium reassumed authority to evaluate and FOR FURTHER INFORMATION CONTACT: Harold J. Ashner, Assistant General payment years beginning between approve sealed source and devices November 1997 and October 1998. The within the State of Arkansas. The State Counsel, Office of the General Counsel, Pension Benefit Guaranty Corporation, rates for November and December 1997 of Arkansas will retain authority to in the table (which reflect an applicable regulate the manufacture and use of 1200 K Street, NW., Washington, DC 20005, 202–326–4024. (For TTY/TDD percentage of 85 percent) apply only to sealed sources and devices within the users, call the Federal relay service toll- non-RPU plans. However, the rates for State in accordance with its Section free at 1–800–877–8339 and ask to be months after December 1997 apply to 274b Agreement with the NRC. connected to 202–326–4024.) RPU (and ‘‘partial’’ RPU) plans as well as to non-RPU plans. Dated at Rockville, Maryland this 8th day SUPPLEMENTARY INFORMATION: of October, 1998. Variable-Rate Premiums The as- For the Nuclear Regulatory Commission. For premium payment years be- sumed in- Annette Vietti-Cook, Section 4006(a)(3)(E)(iii)(II) of the ginning in: terest Employee Retirement Income Security rate is: Acting Secretary of the Commission. Act of 1974 (ERISA) and § 4006.4(b)(1) [FR Doc. 98–27656 Filed 10–14–98; 8:45 am] of the PBGC’s regulation on Premium November 1997 ...... 5.38 BILLING CODE 7590±01±P Rates (29 CFR part 4006) prescribe use December 1997 ...... 5.19 January 1998 ...... 5.09 of an assumed interest rate in February 1998 ...... 4.94 determining a single-employer plan’s March 1998 ...... 5.01 variable-rate premium. The rate is the April 1998 ...... 5.06 ‘‘applicable percentage’’ (described in May 1998 ...... 5.03 the statute and the regulation) of the June 1998 ...... 5.04 annual yield on 30-year Treasury July 1998 ...... 4.85 55416 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

The as- interest accruing during any calendar POSTAL SERVICE For premium payment years be- sumed in- quarter, the specified rate is the average ginning in: terest quoted prime rate on short-term Privacy Act of 1974, System of rate is: commercial loans for the fifteenth day Records August 1998 ...... 4.83 (or the next business day if the fifteenth AGENCY: Postal Service. September 1998 ...... 4.71 day is not a business day) of the month ACTION: Notice of system of records. October 1998 ...... 4.42 preceding the beginning of the quarter, as reported by the Board of Governors SUMMARY: This document publishes Late Premium Payments; of the Federal Reserve System in notice of a proposed Privacy Act system Underpayments and Overpayments of Statistical Release H.15 (‘‘Selected of records, USPS 300.010, Office of Single-Employer Plan Termination Interest Rates’’). The rate for the fourth Inspector General (OIG) Investigative Liability quarter (October through December) of File System, which partially duplicates Section 4007(b) of ERISA and 1998 (i.e., the rate reported for an existing Postal Inspection Service § 4007.7(a) of the PBGC’s regulation on September 15, 1998) is 8.50 percent. file. Payment of Premiums (29 CFR part DATES: Any interested party may submit The following table lists the 4007) require the payment of interest on written comments on the proposed withdrawal liability underpayment and late premium payments at the rate system of records. This proposal will established under section 6601 of the overpayment interest rates for the become effective without further notice Internal Revenue Code. Similarly, specified time periods: on November 23, 1998, unless § 4062.7 of the PBGC’s regulation on comments received on or before that Rate date result in a contrary determination. Liability for Termination of Single- From Through (percent) employer Plans (29 CFR part 4062) ADDRESSES: Written comments on this requires that interest be charged or 10/1/92 ...... 6/30/94 6.00 proposal should be mailed or delivered credited at the section 6601 rate on 7/1/94 ...... 9/30/94 7.25 to Payroll Accounting/Records, United underpayments and overpayments of 10/1/94 ...... 12/31/94 7.75 States Postal Service, 475 L’Enfant employer liability under section 4062 of 1/1/95 ...... 3/31/95 8.50 Plaza, SW, Washington, DC 20260– ERISA. The section 6601 rate is 4/1/95 ...... 9/30/95 9.00 5243. Copies of all written comments established periodically (currently 10/1/95 ...... 3/31/96 8.75 will be available at the above address for quarterly) by the Internal Revenue 4/1/96 ...... 12/31/96 8.25 public inspection and photocopying Service. The rate applicable to the 1/1/97 ...... 3/31/97 8.25 between 8 a.m. and 4:45 p.m., Monday fourth quarter (October through 4/1/97 ...... 6/30/97 8.25 through Friday. December) of 1998, as announced by the 7/1/97 ...... 9/30/97 8.50 FOR FURTHER INFORMATION CONTACT: Kirt IRS, is 8 percent. 10/1/97 ...... 12/31/97 8.50 West (703) 248–2100. The following table lists the late 1/1/98 ...... 3/31/98 8.50 SUPPLEMENTARY INFORMATION: The Postal payment interest rates for premiums and 4/1/98 ...... 6/30/98 8.50 Service is proposing to establish a employer liability for the specified time 7/1/98 ...... 9/30/98 8.50 system of records entitled Office of periods: 10/1/98 ...... 12/31/98 8.50 Inspector General (OIG) Investigative File System, 300.010. This proposed Interest Multiemployer Plan Valuations system of records will cover only the From Through rate (per- cent) Following Mass Withdrawal files of investigation which identify by name individuals who are subjects or 10/1/92 ...... 6/30/94 7 The PBGC’s regulation on Duties of sources of information. The system of 7/1/94 ...... 9/30/94 8 Plan Sponsor Following Mass records is necessary to the functions 10/1/94 ...... 3/31/95 9 Withdrawal (29 CFR part 4281) performed by the Office of Inspector 4/1/95 ...... 6/30/95 10 prescribes the use of interest General. The files may contain 7/1/95 ...... 3/31/96 9 assumptions under the PBGC’s information about civil, criminal, or 4/1/96 ...... 6/30/96 8 7/1/96 ...... 12/31/96 9 regulation on Allocation of Assets in administrative wrongdoing, or about 1/1/97 ...... 3/31/97 9 Single-employer Plans (29 CFR part fraud, waste, or mismanagement, or 4/1/97 ...... 6/30/97 9 4044). The interest assumptions other violations of law or regulation. 7/1/97 ...... 9/30/97 9 applicable to valuation dates in This information could be the basis for 10/1/97 ...... 12/31/97 9 November 1998 under part 4044 are administrative corrective action or 1/1/98 ...... 3/31/98 9 referrals to appropriate authorities for 4/1/98 ...... 6/30/98 8 contained in an amendment to part 4044 published elsewhere in today’s Federal prosecution. The collection and 7/1/98 ...... 9/30/98 8 maintenance of records subject to this 10/1/98 ...... 12/31/98 8 Register. Tables showing the system are not new, because records of assumptions applicable to prior periods the same type are covered by an existing are codified in appendix B to 29 CFR Underpayments and Overpayments of system, USPS 080.010, under the Multiemployer Withdrawal Liability part 4044. jurisdiction of the Chief Postal Section 4219.32(b) of the PBGC’s Issued in Washington, DC, on this 8th day Inspector, who previously also served as regulation on Notice, Collection, and of October 1998. the Inspector General. With the Redetermination of Withdrawal David M. Strauss, establishment of an independent Office Liability (29 CFR part 4219) specifies Executive Director, Pension Benefit Guaranty of Inspector General, system of records the rate at which a multiemployer plan Corporation. 300.010 is created to cover the is to charge or credit interest on [FR Doc. 98–27661 Filed 10–14–98; 8:45 am] investigative activities carried out under underpayments and overpayments of the authority of the OIG and the records BILLING CODE 7708±01±P withdrawal liability under section 4219 maintained by that office. A complete of ERISA unless an applicable plan description of system 300.010 appears provision provides otherwise. For below. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55417

Maintenance of these records is not identifying data, voiceprints, polygraph 5. A record relating to a case or matter expected to have a significant impact on tests, photographs, and individual that has been referred by an agency for individual privacy rights. Information personnel and payroll information. OIG investigation, prosecution, or will be kept in a secured environment, database systems contain additional or enforcement, or that involves a case or with automated data processing summary duplicative case files and matter within the jurisdiction of an physical and administrative security other information in support of agency, may be disseminated to such and technical software applied to investigations. In addition, OIG agency to notify the agency of the status information on computer media. Headquarters and field offices maintain of the case or matter or of any decision Computers and hard copy records are reference files and indexes, as needed, or determination that has been made, or maintained in a secured environment. for quick access in day-to-day to make such other inquiries and reports Pursuant to 5 U.S.C. 552a(e)(11), operations. as are necessary during the processing interested persons are invited to submit The specific authority for the OIG to of the case or matter. written data, views, or arguments on investigate postal offenses and civil 6. A record relating to a person held this proposal. A report on the following matters relating to the Postal Service is in custody pending or during proposed system has been sent to conferred at 39 U.S.C. 202(e)(1)–(3) and arraignment, trial, sentence, or Congress and the Office of Management 404(a)(7); 18 U.S.C. 3061; and 5 U.S.C. extradition proceedings, or after and Budget for their evaluation. App 3. In the exercise of that authority, conviction may be disseminated to a the OIG conducts investigations under USPS 300.010 federal, state, local, or foreign prison, all appropriate federal statutes and probation, parole, or pardon authority, SYSTEM NAME: administrative rules. or to any other agency or individual Office of Inspector General- AUTHORITY FOR MAINTENANCE OF THE SYSTEM: involved with the maintenance, Investigative File System, 300.010. 39 U.S.C. 202 and 404, 18 U.S.C. transportation, or release of such a person. SYSTEM LOCATION: 3061, and 5 U.S.C. App. 3. 7. A record relating to a case or matter Office of the Inspector General (OIG): PURPOSE(S): may be disseminated to a foreign (1) Headquarters, and (2) respective OIG To provide information related to country under an international treaty or field offices (see ADDRESSES at end of investigation of criminal, civil, or convention entered into and ratified by system notice). administrative matters, including the United States or under an executive CATEGORIES OF INDIVIDUALS COVERED BY THE employee and contractor background agreement. SYSTEM: investigations. 8. A record may be disseminated to a (a) Subjects of investigations, ROUTINE USES OF RECORDS MAINTAINED IN THE federal, state, local, foreign, or unsolicited information, surveillance; SYSTEM, INCLUDING CATEGORIES OF USERS AND international law enforcement agency to complainants, informants, witnesses; THE PURPOSES OF SUCH USES: assist in the general crime prevention and other individuals related to General routine use statements a, b, c, and detection efforts of the recipient investigations. d, e, f, g, h, j, k, l, and m listed in the agency or to provide investigative leads (b) Applicants and current and former prefatory statement at the beginning of to such agency. Postal Service personnel and contractors the Postal Service’s published system 9. A record from this system may be and individuals providing information notices apply to this system. Other disclosed to the public, news media, related to employment suitability routine uses are as follows: trade associations, or organized groups checks on those individuals. 1. When conducting any official to provide information of interest to the (c) Applicants for and appointees to investigation or during a trial or hearing public about the activities and the sensitive positions in the Postal Service or the preparation of a trial or hearing, accomplishments of the Postal Service and individuals providing information a record may be disseminated to an or its employees. related to security clearance checks on agency, organization, or individual 10. A record may be disseminated to those individuals. when reasonably necessary to elicit a foreign country, through the United information relating to the investigation, CATEGORIES OF RECORDS IN THE SYSTEM: States Department of State or directly to trial, or hearing or to obtain the the representative of such country, to Information within this system relates cooperation of a witness or informant. the extent necessary to assist such to OIG investigations carried out under 2. A record relating to a case or matter country in apprehending or returning a applicable statutes, regulations, policies, may be disseminated to a federal, state, fugitive to a jurisdiction that seeks that and procedures. The investigations may or local administrative or regulatory individual’s return. relate to criminal, civil, or proceeding or hearing in accordance 11. A record may be disclosed to administrative matters, including with the procedures governing such personnel suitability and security members of the American Insurance proceeding or hearing. Association Index System to provide clearance. Generally, investigative case 3. A record relating to a case or matter them with information relating to files are physically located in the may be disseminated in an appropriate accidents and injuries. responsible OIG field office or at federal, state, local, or foreign court or Headquarters. These files may contain grand jury proceeding in accordance POLICIES AND PRACTICES FOR STORING, investigative reports, background data with established constitutional, RETRIEVING, ACCESSING, RETAINING, AND including arrest records, statements of substantive, or procedural law or DISPOSING OF RECORDS IN THE SYSTEM: informants and witnesses, laboratory practice. reports of evidence analysis, search 4. A record relating to a case or matter STORAGE: warrants, summons and subpoenas, and may be disseminated to an actual or Case records are stored in paper other information related to the potential party or his or her attorney for folders. Abbreviated, summary, and investigation. Personal data in the the purpose of negotiation or discussion identifying information pertaining to system may consist of fingerprints, on such matters as settlement of the case cases and criminal intelligence handwriting samples, reports of or matter, plea bargaining, or informal information are stored on computer confidential informants, physical discovery proceedings. storage media. 55418 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

RETRIEVABILITY: involved with an investigation, whether at the Board’s meeting room on the 8th Name of the individual who is the subjects, applicants, witnesses, floor of its headquarters building, 844 subject of the file. references, or custodians of record North Rush Street, Chicago, Illinois, information. 60611. The agenda for this meeting SAFEGUARDS: follows: Investigative records are maintained SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS in locked file cabinets, safes, or secured OF THE ACT: (1) Senator Daschle’s Amendment areas under the scrutiny of OIG The Postal Service has established Relating to Surviving Divorced personnel who have been subjected to regulations at 39 CFR 266.9 that exempt Spouses security clearance procedures. Access is information contained in this system of (2) Investment Practices: Barra Rogers further restricted by computer records from various provisions of the Casey Update passwords when stored in electronic Privacy Act depending on the purpose (3) Posting of the General Counsel format. Automated records can only be for which the information was gathered Vacancy accessed through authorized terminals and for which it will be used. (4) 14th Annual Railroad Retirement by authorized users. Computer software Compliance with the disclosure (5 Board Award for Excellence Program has been designed to protect data by U.S.C. 552a(d)) and other subsections of (5) Special Act/Special Service Awards controlling access, logging actions, and the Act are not compatible with (6) Year 2000 Issues reporting exceptions and violations. investigative practice, and would The entire meeting will be open to the substantially compromise the efficacy public. The person to contact for more RETENTION AND DISPOSAL: and integrity of OIG operations. The information is Beatrice Ezerski, (a) Records are maintained 1 to 15 purposes for which records are kept Secretary to the Board, Phone No. 312– years depending on type. Exceptions within this system and the exemptions 751–4920. may be granted for longer retention in applicable to those records are as specific instances. Paper records are Dated: October 9, 1998. follows: destroyed by burning, pulping, or Beatrice Ezerski, (a) Criminal law enforcement—Under Secretary to the Board. shredding. Computer tape/disk records 5 U.S.C. 552a(j)(2), information [FR Doc. 98–27790 Filed 10–13–98; 11:42 are erased or destroyed. compiled for this purpose is exempt (b) Duplicate copies of investigative am] from all the provisions of the Act except memorandums maintained by postal BILLING CODE 7905±01±M the following sections: (b), (c)(1) and (2), officials other than OIG are retained in (e)(4)(A) through (F), (e)(6), (7), (9), (10), accordance with a generally applicable (11), and (i). Postal Service retention schedule rather (b) Noncriminal investigatory—under SECURITIES AND EXCHANGE than the OIG disposition schedules. 5 U.S.C. 552a(k)(2), material compiled COMMISSION SYSTEM MANAGER(S) AND ADDRESS: for law enforcement purposes (and not [Investment Company Act Release No. Inspector General, U.S. Postal Service, exempted by 5 U.S.C. 552a(j)(2)) is 23482; 812±10828] 1735 North Lynn St, Arlington, VA exempted from the following provisions 22209–2020. of the Act: (c)(3), (d), (e)(1), (e)(4)(G), (H) Scudder Global Fund, Inc., et al.; and (I), and (f). Notice of Application NOTIFICATION PROCEDURE: (c) Background investigations— October 7, 1998. Individuals wanting to know whether material compiled solely for the purpose information about them is in this system of a background security investigation is AGENCY: Securities and Exchange of records or if they were the subject of exempted by 5 U.S.C. 552a(k)(5) from Commission (‘‘SEC’’). an investigation must furnish the system the following provisions of the Act: ACTION: Notice of application for an manager sufficient identifying (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), order under section 17(d) of the information to distinguish them from and (f). Investment Company Act of 1940 (the other individuals of like name; ‘‘Act’’) and rule 17d–1 under the Act. identifying data will contain date of Addresses of Office of Inspector General birth, name, address, type of Headquarters: SUMMARY OF APPLICATION: Applicants investigation, dates, places, and the 1735 N. Lynn Street, Arlington, VA 22209– request an order to permit certain individual’s involvement. 2020 registered management investment Field Offices: companies to deposit their uninvested RECORD ACCESS PROCEDURES: St Louis: 1720 Market St, PO Box 78579, cash balances in joint accounts Requests for access must be made in St. Louis, MO, 63178–8579 investing in short-term repurchase accordance with the notification Dallas: 101 E McKinney St, PO Box 2144, Denton, TX 76201–2144 agreements. procedure above and the Postal Service Minneapolis: 1 Federal Dr, PO Box 32, Fort APPLICANTS: Scudder Global Fund, Inc., Privacy Act regulations regarding access Snelling, MN, 55111–0032 Scudder International Fund, Inc., to records and verification of identity Scudder Institutional Fund, Inc., under 39 CFR 266.6. The address of the Stanley F. Mires, Chief Counsel, Legislative. Scudder New Asia Fund, Inc., Scudder OIG Freedom of Information/Privacy New Europe Fund, Inc., Scudder Global [FR Doc. 98–27717 Filed 10–14–98; 8:45 am] Acts Officer is 1735 N. Lynn Street, High Income Fund, Inc., The Argentina Arlington, VA 22209–2020, telephone BILLING CODE 7710±12±U Fund, Inc., The Brazil Fund, Inc., (703) 248–2300. Scudder Spain and Portugal Fund, Inc., The Korea Fund, Inc., The Japan Fund, CONTESTING RECORD PROCEDURES: RAILROAD RETIREMENT BOARD See Notification and Record Access Inc., Scudder California Tax Free Trust, Procedures above. Public Meeting; Sunshine Act Scudder Cash Investment Trust, Scudder Equity Trust, Scudder Fund, RECORD SOURCE CATEGORIES: Notice is hereby given that the Inc., Scudder Funds Trust, Scudder Personal interviews, written inquiries, Railroad Retirement Board will hold a GNMA Fund, Scudder Investment and other records about individuals meeting on October 21, 1998, 9:00 a.m., Trust, Scudder Municipal Trust, Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55419

Scudder Mutual Funds, Inc., Scudder management investment company.1 SKI, the extent that doing so is consistent Pathway Series, Scudder Portfolio Trust, a Delaware corporation registered as an with the Investment Company’s Scudder Securities Trust, Scudder State investment adviser under the investment objectives, policies and Tax Free Trust, Scudder Tax Free Investment Advisers Act of 1940 (the restrictions. An Investment Company’s Money Fund, Scudder Tax Free Trust, ‘‘Advisers Act’’), serves as investment decision to use the Joint Accounts be Scudder U.S. Treasury Money Fund, adviser to the Investment Companies. based on the same factors as its decision Scudder Variable Life Investment Fund, Service Corp., a wholly owned to enter into any other repurchase AARP Growth Trust, AARP Income subsidiary of SKI, serves as transfer agreement. The Investment Companies Trust, AARP Managed Investment agent for the Scudder Funds. that are eligible and that elect to Portfolios Trust, AARP Tax Free Income 2. At the end of each trading day, participate in a Joint Account are Trust and AARP Cash Investment applicants expect that the Investment referred to as ‘‘Participants.’’ Funds, (the ‘‘Scudder Funds’’), Kemper Companies will have uninvested cash 6. SKI will not participate in the Joint Equity Trust, Kemper Global/ balances in their accounts with their Accounts and will receive no additional International Series, Inc., Kemper custodians that would not otherwise be fee for administering them, but, with Securities Trust, Investor Fund Series invested in portfolio securities. All of regard to assets invested by the (with the Scudder Funds, the the Investment Companies currently are Participants in the Joint Repo Accounts, ‘‘Investment Companies’’), Scudder authorized by their investment policies will continue to receive from the Kemper Investments, Inc., (‘‘SKI’’) and and restrictions to invest at least a Participants its asset-based advisory fee. Scudder Service Corporation (‘‘Service portion of their uninvested cash SKI will be responsible for investing Corp’’). balances in short-term investments, cash held by the Joint Accounts, FILING DATES: The application was filed including repurchase agreements. establishing accounting and control on October 23, 1997. Applicants have 3. Certain accounts also have been procedures, and ensuring fair treatment agreed to file an amendment during the established by Service Corp., as transfer of Participants. notice period, the substance of which is agent for each of the Scudder Funds, for 7. All purchases through the Joint included in this notice. money received by Service Corp. in Accounts will be subject to the same systems and standards for acquiring HEARING OR NOTIFICATION OF HEARING: An connection with (a) the purchase of order granting the application will be shares of the Scudder Funds prior to the investments for individual participants. Any repurchase agreements entered into issued unless the SEC orders a hearing. purchase money being moved to the through the Joint Accounts will comply Interested persons may request a relevant custodian, (b) capital gains with the terms of Investment Company hearing by writing to the SEC’s distributions payable by, or redemption Act Release No. 13005 (February 2, Secretary and serving applicants with a proceeds from, the Scudder Funds, and 1983) and any other applicable future copy of the request, personally or by (c) income dividends payable by the positions of the SEC or its staff mail. Hearing requests should be Scudder Funds (the ‘‘TA Accounts’’). regarding repurchase agreements. received by the SEC by 5:30 p.m. on 4. Applicants propose to deposit November 4, 1998, and should be certain uninvested cash balances in the Applicants’ Legal Analysis accompanied by proof of service on Investment Companies that remain at 1. Section 17(d) of the Act and rule applicants in the form of an affidavit or, the end of the trading day and are held 17d–1 under the Act prohibit an for lawyers, a certificate of service. by the custodians, cash in the TA affiliated person of a registered Hearing requests should state the nature Accounts, and cash for investment investment company, or an affiliated of the writer’s interest, the reason for the purposes, into one or more joint trading person of such person, from request, and the issues contested. accounts and to invest the daily balance participating in any joint enterprise or Persons who wish to be notified of a of the joint trading accounts in arrangement in which such investment hearing may request notification by overnight in term repurchase company is a participant, unless an writing to the SEC’s Secretary. agreements which are ‘‘collateralized application regarding the joint ADDRESSES: Secretary, SEC, 450 Fifth fully,’’ as defined in rule 2a–7 under the arrangement has been filed with and Street, NW., Washington, DC 20549. Act (‘‘Joint Accounts’’). Cash in the TA approved by the SEC. In passing on Applicants: c/o Philip H. Newman, Esq., Accounts will be deposited in Joint such applications, the SEC considers Goodwin, Procter & Hoar LLP, Exchange Accounts that invest in overnight whether the participation of the Place, Boston, MA 02109. repurchase agreements. Uninvested cash registered investment company in the FOR FURTHER INFORMATION CONTACT: John balances and cash for investment proposed joint arrangement is consistent K. Forst, Attorney Advisor, at (202) 942– purposes will be deposited in Joint with the provisions, policies, and 0569, or Mary Kay Frech, Branch Chief, Accounts that invest in repurchase purposes of the Act and the extent to at (202) 942–0564 (Office of Investment agreements with a remaining maturity of which the participation is on a basis Company Regulation, Division of 60 days or less, calculated in accordance different from or less advantageous than Investment Management). with rule 2a–7 under the Act (‘‘Joint that of other participants. Repo Accounts’’). A Joint Account SUPPLEMENTARY INFORMATION: The 2. Section 2(a)(3) of the Act defines an would consist of a separate cash account following is a summary of the ‘‘affiliated person’’ of another person to established at a custodian bank. application. The complete application include any person directly or indirectly 5. An Investment Company will owning, controlling, or holding with may be obtained for a fee at the SEC’s invest through a Joint Account only to Public Reference Branch, 450 Fifth power to vote 5% or more of the outstanding voting securities of the Street, N.W., Washington, D.C. 20549 1 Applicants requests that the relief also apply to (tel. 202–942–8090). any future series of the Investment Companies and other person, as well as any person all other registered management investment directly or indirectly controlling, Applicants’ Representations companies and their series that are advised by SKI controlled by, or under common control 1. Each Investment Company is or any person controlling, controlled by or under with, the other person, and in the case common control with SKI (‘‘Future Funds’’). Any organized as a Massachusetts business Future Fund that relies on the requested order will of an investment company, its trust or Maryland corporation and do so only in accordance with the terms and investment adviser. Under section registered under the Act as a conditions of the application. 2(a)(3) of the Act, the Participants may 55420 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices be deemed ‘‘affiliated persons’’ because indicia of a separate legal entity. The Joint Accounts will operate, which will they may be deemed to be under the sole function of the Joint Accounts will be reasonably designed to provide that common control of SKI. Applicants state be to provide a convenient way of the requirements of the application will that the Participants, by participating in aggregating individual transactions be met. Each Board will make and the Joint Accounts, and SKI, by which would otherwise require daily approve such changes as they deem managing the Joint Accounts, could be management by SKI of uninvested cash necessary to ensure that such deemed to be ‘‘joint participants’’ in a balances. procedures are followed. In addition, transaction within the meaning of 2. Cash in the Joint Accounts will be each Board will determine, no less section 17(d)(1) of the Act. In addition, invested in overnight and term frequently than annually, that the Joint applicants state that the Joint Accounts repurchase agreements that are Accounts have been operated in could be deemed to be a ‘‘joint ‘‘collateralized fully’’ as defined in rule accordance with the procedures adopted enterprise or other joint arrangement’’ 2a–7 under the Act and which will have and will only permit a Participant to within the meaning of rule 17d–1 under a remaining maturity of 60 days or less continue to participate therein if it the Act. as calculated in accordance with rule determines that there is a reasonable 3. Applicants request an order under 2a–7 under the Act. No Participant will likelihood that the Participant and its section 17(d) and rule 17d–1 permitting be permitted to invest in a Joint Account shareholders will benefit from the proposed transactions. Applicants unless the repurchase agreements in continued participation. believe that no Participant will receive such Joint Account satisfy the 9. SKI and the custodian of each fewer relative benefits from the investment policies and guidelines of Participant will maintain records operation of the Joint Accounts than any that Participant. documenting, for any given day, each other Participant. Applicants also 3. All assets held in the Joint Participant’s aggregate investment in a believe that the operation of the Joint Accounts will be valued on an Joint Account and each Participant’s pro Accounts will not result in any conflicts amortized cost basis to the extent rata share of each investment made of interest among Participants. permitted by applicable SEC releases, through such Joint Account. The records Applicants state that each Participant’s rules or orders. maintained for each Participant shall be liability on any repurchase agreement 4. Each Participant valuing its net maintained in conformity with Section held in a Joint Account will be limited assets in reliance on rule 2a–7 under the 31 of the Act and the rules and to its interest in the repurchase Act will use the average maturity of the regulations thereunder. agreement. instruments in the Joint Accounts in 10. Every Participant in the Joint 4. Applicants believe that the which such Participant has an interest Accounts will not necessarily have its proposed Joint Accounts could result in (determined on a dollar weighted basis) cash invested in every repurchase certain benefits to Participants. The for the purpose of computing its average agreement. However, to the extent that Participants may earn a higher return on portfolio maturity with respect to its a Participant’s cash is applied to a investments through the Joint Accounts portion of the assets held in a Joint particular repurchase agreement, the relative to the returns they could earn Account on that day. Participant will participate in and own individually. Under most market 5. In order to assure that there will be its proportionate share of such conditions, it is possible to negotiate a no opportunity for any Participant to repurchase agreement, and any income higher rate of return on larger use any part of a balance of a Joint earned or accrued thereon, based upon repurchase agreements than the rate Account credited to another Participant, the percentage of such investment available on smaller repurchase no Participant will be allowed to create purchased with money contributed by agreements. In addition, the Joint a negative balance in any Joint Account the Participant. Accounts may increase the number of for any reason, although each 11. Each repurchase agreement held dealers willing to enter into repurchase Participant will be permitted to draw in a Joint Account generally will be held agreements with the Participants down its entire balance at any time. to maturity, except if: (i) SKI believes because larger denominations could be Each Participant’s decision to invest in the investment no longer presents sold. The Joint Accounts also may result a Joint Account will be solely at its minimal credit risks; (ii) the investment in certain administrative efficiencies option, and no Participant will be no longer satisfies the investment and a reduction of the potential for obliged to invest in the Joint Accounts criteria of all Participants in the errors by reducing the number of cash or to maintain any minimum balance in investment because of a credit and securities transfers that must be the Joint Accounts. In addition, each downgrade or otherwise; or (iii) the processed in connection with Participant will retain the sole rights of counterparty to such repurchase repurchase agreements. ownership of any of its assets invested agreement defaults. SKI may, however, 5. For the reasons set forth above, in the Joint Accounts, including interest sell any repurchase agreement (or any applicants submit that the proposed payable on such assets invested in the fractional portion thereof) on behalf of Joint Accounts meet the criteria of rule Joint Accounts. some or all Participants prior to the 17d–1 for issuance of an order. 6. SKI will administer the investment maturity of the investment if the cost of of cash balances in and operation of the such transaction will be borne solely by Applicant’s Conditions Joint Accounts as part of its general the selling Participants and the Applicants will comply with the duties under its advisory agreements transaction will not adversely affect following as conditions to any order with Participants and will not collect other Participants participating in that granted by the SEC: any additional or separate fees for Joint Account. In no case will an early 1. The Joint Accounts will not be providing such services. termination by less than all Participants distinguishable from any other accounts 7. The administration of the Joint be permitted if it would reduce the maintained by Participants at their Accounts will be within the fidelity principal amount or yield received by custodians except that money from bond coverage required by section 17(g) other Participants in a particular Joint Participants will be deposited in the of the Act and rule 17g–1 under the Act. Account or otherwise adversely affect Joint Accounts on a commingled basis. 8. The board of directors or trustees of the other Participants. Each Participant The Joint Accounts will not have a each Participant (the ‘‘Board’’) will in a Joint Account will be deemed to separate existence and will not have adopt procedures pursuant to which the have consented to such sale and Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55421 partition of the investment in the Joint MATTERS TO BE CONSIDERED: FY 1999 for-hire motor carriers of regulated Account. grant requests, internal Institute commodities under the provisions of 49 12. Repurchase agreements held business matters. U.S.C. 13903, surface freight forwarders through a Joint Account with a PORTIONS OPEN TO THE PUBLIC: All under the provisions of 49 U.S. C. remaining maturity of more than seven matters other than those noted as closed 13903, and property brokers under the days, as calculated pursuant to rule 2a– below. provisions of 49 U.S.C. 13904. These 7 under the Act, will be considered PORTIONS CLOSED TO THE PUBLIC: Internal persons may conduct transportation illiquid and subject to the restriction personnel matters and Board of services only if they are registered that a Participant may not invest more Directors’ committee meetings. pursuant to 49 U.S.C. 13901. The than 15% or, in the case of a money CONTACT PERSON FOR MORE INFORMATION: Secretary has delegated authority market fund, 10% (or such other David I. Tevelin, Executive Director, pertaining to these registrations to the percentage as set forth by the SEC from State Justice Institute, 1650 King Street, FHWA. Registered motor carriers, time to time) of its net assets in illiquid Suite 600, Alexandria, VA 22314, (703) brokers, and freight forwarders must securities, and any similar restrictions 684–6100. designate (1) an agent on whom service set forth in the Fund’s investment David I. Tevelin, of notices in proceedings before the Secretary may be made (49 U.S.C. restrictions and policies, if SKI cannot Executive Director. sell the instrument, or a Participant’s 13303); and (2) for every state in which [FR Doc. 98–27817 Filed 10–13–98; 1:08 pm] fractional interest in such instrument, they operate, agents on whom process pursuant to the preceding condition. BILLING CODE 6820±SC±M issued by a court may be served in 13. The Joint Accounts will be actions brought against the registered established as one or more separate cash transportation entity (49 U.S.C. 13304). accounts on behalf of the Participants at DEPARTMENT OF TRANSPORTATION Regulations governing the designation of process agents are found at 49 CFR a custodian bank. Each Participant may Office of the Secretary deposit daily all or a portion of its part 366. This designation is filed with uninvested cash balances into the Joint Reports, Forms and Recordkeeping the FHWA on Form BOC–3. Accounts. Each Participant whose Requirements Agency Information Affected Public: Motor carriers, freight regular custodian is a custodian other Collection Activity Under OMB Review forwarders, and brokers. than the bank at which a proposed Joint Estimated Total Annual Burden Account would be maintained, and that AGENCY: Office of the Secretary, DOT. Hours: 3,500. (2) Motor Carrier Assessment of wishes to participate in the Joint ACTION: Notice. Compliance Reviews. Account, would appoint the latter bank SUMMARY: In compliance with the OMB No:. 2125–NEW. as a separate custodian for the limited Paperwork Reduction Act of 1995 (44 Type of Request: New collection. purposes of: (a) receiving and disbursing U.S.C. 3501 et seq.), this notice Abstract: The mission of the FHWA’s cash; (b) holding any securities that are announces that the Information Office of Motor Carriers (OMC) is to the subject of a repurchase agreement; Collection Requests (ICRs) abstracted promote safe transportation of and (c) holding any collateral received below have been forwarded to the Office passengers and goods on the Nation’s from a transaction effected through a of Management and Budget (OMB) for highways. In the performance of its Joint Account. Each Participant that review and comment. The ICRs describe duties, the OMC conducts periodic appoints such a custodian will have the nature of the information collections compliance reviews with motor carriers taken all necessary actions to authorize and their expected burden. The Federal in each State. The reviews are normally such bank as its legal custodian, Register Notice with a 60-day comment held at the motor carrier’s principal including all actions required under the period soliciting comments on the place of business. Compliance reviews Act. current information collection—Motor are investigations of the carrier’s For the Commission, by the Division of Carrier Assessment of Compliance operation to determine whether they Investment Management, pursuant to Reviews—was published on July 29, meet the safety fitness standards. To delegated authority. 1998 [63 FR 40581] and on the proposed meet the safety fitness standards, a Margaret H. McFarland, information collection—Designation of motor carrier must demonstrate that it Deputy Secretary. Agent, Motor Carriers, Brokers and has adequate safety management [FR Doc. 98–27624 Filed 10–14–98; 8:45 am] Freight Forwarders—was published on controls in place which function BILLING CODE 8010±01±M June 4, 1998 [63 FR 30557]. effectively to ensure acceptable DATES: Comments must be submitted on compliance with applicable safety or before November 16, 1998. requirements. Upon completion of a STATE JUSTICE INSTITUTE FOR FURTHER INFORMATION CONTACT: Ms. compliance review, FHWA assigns the Arlene Kennedy, FHWA Information carrier either a satisfactory, conditional Sunshine Act Meeting; Notice of Public Collection Clearance Officer at (202) or unsatisfactory rating. A satisfactory Meeting 366–9458. rating means the carrier has established and is using adequate safety SUPPLEMENTARY INFORMATION: DATE AND TIME: Sunday, October 25, management controls that meet FHWA’s 1998, 1:30 a.m.–5:00 p.m., Monday, Federal Highway Administration safety fitness standards. A conditional October 26, 1998, 9:00 a.m.–12:00 p.m.. (FHWA) rating means a carrier has adequate PLACE: (1) Title: Designation of Agents, Motor controls that could result in violations (Sunday) Carriers, Brokers and Freight of the Federal Motor Carrier Safety The Madison, 15th and M Streets, Forwarders. Regulations. An unsatisfactory rating N.W., Washington, DC 20005. OMB No.: 2125–0567. means that the carrier has inadequate (Monday) Type of Request: Extension of a controls that have resulted in violations National Geographic Society, 1145 currently approved collection. of the regulations. Compliance reviews 17th Street, N.W., Washington, DC Abstract: The Secretary of can result in enforcement actions 20036. Transportation is authorized to register against a carrier for violations of safety 55422 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices regulations. A civil fine is a primary DEPARTMENT OF TRANSPORTATION (3) Need for identified procedures. enforcement tool used by the FHWA to The meeting is open to the public. induce regulatory compliance. Coast Guard Please note that the meeting may close A survey of selected review [USCG 1998±4555] early if any business is finished. At the participants will provide the Chair’s discretion, members of the public may make oral presentations information necessary for the OMC to Chemical Transportation Advisory during the meeting. If you would like to assess these compliance reviews so that Committee, Subcommittee on Proper Cargo Names make an oral presentation at the ongoing improvements to the meeting, please notify Mr. Payne no compliance review process can be AGENCY: Coast Guard, DOT. later than November 3, 1998. Written accomplished. The information will be ACTION: Notice of meeting. material for distribution at the meeting collected on a standardized should reach the U.S. Coast Guard no questionnaire, via mail or by telephone. SUMMARY: The Chemical Transportation later than November 3, 1998. If you Respondents will be advised of the Advisory Committee’s (CTAC) would like a copy of your material purpose for the survey and the Subcommittee on Proper Cargo Names distributed to each member of the confidentiality of their responses, either (PCN) will meet to discuss various Subcommittee in advance of the by an accompanying letter or orally by issues relating to use of proper cargo meeting, please submit 25 copies to Mr. telephone. The questionnaire will names for the marine transportation of Payne no later than November 3, 1998, request respondents to provide hazardous materials in bulk. The or make other arrangements with Mr. information pertaining to the meeting will be open to the public. Payne. compliance review process (i.e. DATES: The PCN Subcommittee will meet on Tuesday, November 10, 1998, Information on Services for Individuals notification, purpose and length of the With Disabilities review). The information will be from 9 a.m. to 4 p.m. The meeting may collected from motor carriers shortly close early if all business is finished. For information on facilities or after FHWA or State officials complete Written material and requests to make services for individuals with disabilities oral presentations should reach the U.S. a compliance review. or to request special assistance at the Coast Guard on or before November 3, meeting, contact Mr. Payne as soon as Affected Public: Motor carrier 1998. Requests to have a copy of your possible. employees who signed for receipt of the material distributed to each member of Dated: October 8, 1998. compliance review. the CTAC Subcommittee should reach Joseph J. Angelo, Estimated Total Annual Burden the U.S. Coast Guard on or before November 3, 1998. Director of Standards, Marine Safety and Hours: 250. Environmental Protection. ADDRESSES: The Subcommittee will ADDRESSES: Send comments, within 30 [FR Doc. 98–27636 Filed 10–14–98; 8:45 am] meet at the American Bureau of days, to the Office of Information and Shipping (ABS), ABS Plaza, 16855 BILLING CODE 4910±15±M Regulatory Affairs, Office of Northchase Drive, Houston, TX 77060– Management and Budget, 725–17th 6008. Point of contact: Mr. Philip G. DEPARTMENT OF TRANSPORTATION Street, NW., Washington, DC 20503, Rynn; tel.: 281–877–6415; fax.: 281– Attention DOT Desk Officer. Comments 877–6795. Send written material and Federal Aviation Administration are invited on: Whether the proposed requests to make oral representations to collection of information is necessary Mr. Curtis Payne, Commandant (G– [Docket No. FAA±1998±4465] for the proper performance of the MSO–3), U.S. Coast Guard Advisory Circular (AC) Briefing functions of the Department, including Headquarters, 2100 Second Street, SW, Material, Air Crewmember whether the information will have Washington, DC 20593–0001. This Qualifications practical utility; the accuracy of the notice is available on the Internet at Department’s estimate of the burden of http://dms.dot.gov. AGENCY: Federal Aviation the proposed information collection; FOR FURTHER INFORMATION CONTACT: For Administration (FAA), DOT. ways to enhance the quality, utility and questions on this notice, contact Mr. ACTION: Notice of availability for public clarity of the information to be Curtis Payne, telephone 202–267–1577, comment. collected; and ways to minimize the fax 202–267–4570. For questions on burden of the collection of information viewing, or submitting material to, the SUMMARY: This notice announces the on respondents, including the use of docket, contact Ms. Dorothy Walker, availability of briefing materials automated collection techniques or Chief, Dockets, Department of regarding a draft advisory circular (AC) other forms of information technology. Transportation, telephone 202–366– addressing alternative methods of 9329. compliance for proposed air Issued in Washington, DC, on October 8, crewmember qualification regulations. 1998. SUPPLEMENTARY INFORMATION: Notice of these meetings is given under the The AC briefing material was presented Vanester M. Williams, Federal Advisory Committee Act, 5 at a meeting conducted by the FAA, at Clearance Officer, United States Department U.S.C. App. 2. the Regional Airline Association on of Transportation. June 22, 1998. In addition, this notice [FR Doc. 98–27665 Filed 10–14–98; 8:45 am] Meeting Agenda opens Docket No. FAA–1998–4465, and BILLING CODE 4910±62±P Prepare plan of action diagnosing that docket serves as a repository for all three primary issues identified at the recorded material (e.g., minutes, briefing August 25th Subcommittee meeting. material, and list of attendees) regarding These are: the aforementioned meeting. (1) Marine bulk requirements ADDRESSES: Comments on this notice differentiated from other modes, should be mailed or delivered, in (2) Indequate regulations, and duplicate, to: U.S. Department of Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55423

Transportation Dockets, Docket No. DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION FAA–1998–4465, 400 Seventh Street, SW., Room Plaza 401, Washington, DC Federal Aviation Administration Maritime Administration 20590. Comments may also be [Docket MSP±009/Docket S±948] submitted electronically to the RTCA, Inc.; Certification Task Force following Internet address: 9–NPRM– Chrysler Corporation; Notice [email protected]. Comments must be Pursuant to section 10(a)(2) of the Application for Approvals of marked Docket No. FAA–98–4465. Federal Advisory Committee Act (Pub. Restructured Beneficial Ownership of Comments may be filed and/or L. 92–463, 5 U.S.C., Appendix 2), notice Vessels Operating Under examined in Room Plaza 401 weekdays is hereby given that the next meeting of Construction-Differential Subsidy, between 10:00 a.m. and 5:00 p.m., the RTCA Certification Task Force will Operating-Differential Subsidy, and the except Federal holidays. be held October 29–30, 1998, starting at Maritime Security Program, as a Result 9:00 a.m., at MITRE/CAASD, 1820 of the Business Combination Between FOR FURTHER INFORMATION CONTACT: Jan Dolley Madison Boulevard, McLean, Chrysler Corporation and Daimler- Demuth, Air Transport Division (AFS– VA. This task force is reviewing the Benz, A.G. 200), Federal Aviation Administration, ‘‘end-to-end’’ certification of advanced Independence Avenue, SW., Chrysler Corporation (Chrysler), by avionics systems and, keeping safety as Washington, DC 20591, Telephone (202) letter dated September 29, 1998, applied a first priority, developing 267–8922. to the Maritime Administration recommendations for improving the (MARAD) for all approval, findings, and SUPPLEMENTARY INFORMATION: timeliness and reducing the costs of determinations necessary in order to Comments Invited certification. restructure its beneficial ownership The meeting agenda will include: (1) rights, as owner-trustor, in certain Interested parties are invited to Welcome and Introductory Remarks; (2) vessels as a result of its business comment on the briefing materials listed A Presentation by Task Force Co-chairs combination with Daimler-Benz, A.G. in this notice by submitting such Mr. Tony Broderick (former FAA (Daimler-Benz). After the business written data, views, or arguments to the associate administrator and now combination, Chrysler will become address listed above. The FAA will consultant to Airbus) and Mr. Ed DaimlerChrysler, A.G. consider all communications before Stimpson (General Aviation (DaimlerChrysler), a foreign corporation. developing the AC. The briefing Manufacturers Association); (3) Chrysler Financial Corporation (CFC) material may be inspected at the U.S. Presentations by the leaders of the four and Chrysler Capital Corporation (CCC), Department of Transportation, 400 task force working groups. The both wholly-owned subsidiaries of Seventh Street, SW., Room Plaza 401, presentations will focus on tasking Chrysler, are the beneficial owners of Washington, DC 20590, between the progress to date and current issues/ the following six vessels, each of which hours of 10:00 a.m. and 5:00 p.m. is documented in the name of a banking challenges. Time will be allocated to weekdays, except Federal holidays. institution owner trustee: questions, answers, and general 1. SEA-LAND FREEDOM-Marshall Meeting Summary discussion. Islands Flag registry; On June 22, 1998, the FAA provided Concurrent working group sessions 2. SEA-LAND EXPRESS-U.S.-flag a briefing to members of the aviation will take place on the Afternoon of registry; industry regarding a draft AC for air October 29 and the morning of October 3. SEA-LAND PACIFIC-U.S.-flag registry, built with Construction- carrier crewmember qualifications. This 30. A summary plenary session will Differential Subsidy (CDS); meeting implemented a process commence at 11:30 a.m. on October 30. 4. SEA-LAND ENTERPRISE-U.S.-flag whereby some interested segments of Attendance is open to the interested registry, built with CDS the air carrier industry were invited to public but limited to space availability. With the approval of the co-chairmen, 5. SEA-LAND ENDURANCE-U.S.-flag participate in the review of the draft AC registry, enrolled in the Maritime members of the public may present oral briefing material. The proposed AC Security Program (MSP); and briefing material addressed alternative statements at the meeting. Persons 6. TYSON LYKES-U.S.-flag registry, methods of compliance for draft air wishing to present statements or obtain operates under Operating-Differential crewmembers qualification regulations. information should contact RTCA at Subsidy (ODS) until December 31, 1998, The briefing provided an overview of (202) 833–9339 (phone), (202) 833–9434 thereafter under the MSP program. the major concepts of the contemplated (fax), or [email protected] (e-mail). Subsequent to the business regulation in order to illustrate the need Members of the public may present a combination, CFC and CCC will be for advisory material. written statement to the committee at merged into Chrysler Financial No comments were received or any time. Company, L.L.C. (Chrysler Financial), a solicited regarding the proposed AC or Issued in Washington, DC, on October 8, wholly owned indirect subsidiary of regulation. Since the meeting, no 1998. DaimlerChrysler. Chrysler Financial comments have been received from Janice L. Peters, will therefore will be a foreign owner participants present or represented at participant in the above referenced the meeting. Designated Official. vessels. [FR Doc. 98–27721 Filed 10–14–98; 8:45 am] The approval, findings and Issued in Washington, DC on October 8, BILLING CODE 4910±13±M 1998. determinations requested include those that may be deemed necessary under Richard O. Gordon, statute, regulation, or contract in order: Acting Director, Flight Standards Service, 1. For Chrysler to amend its trust AFS–1. agreement covering the SEA-LAND [FR Doc. 98–27724 Filed 10–14–98; 8:45 am] EXPRESS to qualify Chrysler Financial BILLING CODE 4910±13±M as the new Owner Participant under 55424 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Section 1136 of the Coast Guard DEPARTMENT OF TRANSPORTATION past, to the agency’s Safety Performance Authorization Act of 1996; Standards Office. The purpose of this National Highway Traffic Safety 2. For Chrysler to amend its trust meeting is to focus on those phases of Administration agreement covering the SEA-LAND NHTSA activities which are technical, ENDURANCE to qualify Chrysler interpretative or procedural in nature. Safety Performance Standards Transcripts of these meetings will be Financial as the new Owner Participant Program Meeting under Section 1136 of the Coast Guard available for public inspection in the Authorization Act of 1996 for the MSP AGENCY: National Highway Traffic DOT Docket in Washington, DC, within program; Safety Administration. four weeks after the meeting. Copies of ACTION: the transcript will then be available at 3. For Chrysler to amend its trust Notice of NHTSA industry meeting. ten cents a page, (length has varied from agreements covering the SEA-LAND 100 to 150 pages) upon request to DOT PACIFIC and SEA-LAND ENTERPRISE SUMMARY: This notice announces a Docket, Room PL–401, 400 Seventh to qualify Chrysler Financial as the new public meeting at which NHTSA will Street, SW, Washington, DC 20590. The Owner Participant under Section 1113 answer questions from the public and DOT Docket is open to the public from of the Coast Guard Authorization Act of the automobile industry regarding the 10:00 a.m. to 5:00 p.m. Questions to be 1996 for CDS; and agency’s vehicle regulatory program. answered at the quarterly meeting 4. For Chrysler to amend its trust DATES: The Agency’s regular, quarterly should be organized by categories to agreement covering the TYSON LYKES public meeting relating to its vehicle help us process the questions into an to qualify Chrysler Financial as the new regulatory program will be held on agenda form more effectively. Sample Owner Participant under Section 1136 Thursday, December 17, 1998, format: of the Coast Guard Authorization Act of beginning at 9:45 a.m. and ending at I. RULEMAKING 1996, for the remainder of the ODS approximately 12:30 p.m., at the Clarion A. Crash avoidance period and anticipating the vessel’s Hotel, Romulus, MI. Questions relating B. Crashworthiness entry into the MSP program upon to the vehicle regulatory program must C. Other Rulemakings expiration of the ODS contract in be submitted in writing with a diskette II. CONSUMER INFORMATION December 1998. (Wordperfect) by Tuesday, November III. MISCELLANEOUS 17, 1998, to the address shown below or Chrysler has stated that they intend to NHTSA will provide auxiliary aids to by e-mail. If sufficient time is available, participants as necessary. Any person leave the owner trusts in place but questions received after November 17 merely amend the trust agreements with desiring assistance of ‘‘auxiliary aids’’ may be answered at the meeting. The (e.g., sign-language interpreter, certain limitations whereby the U.S. individual, group or company citizen owner trustee is given absolute telecommunications devices for deaf submitting a questions(s) does not have persons (TDDs), readers, taped texts, and complete discretion in connection to be present for the questions(s) to be with matters involving the ownership brailled materials, or large print answered. A consolidated list of the materials and/or a magnifying device), and operation of the vessels that may questions submitted by November 17, adversely affect the interests of the please contact Delia Lopez on (202) 1998, and the issues to be discussed, 366–1810, by COB November 17, 1998. United States. will be posted on NHTSA’s web site This notice, which is published as a (www.nhtsa.dot.gov) by Monday, Issued: October 9, 1998. matter of discretion, invites comments December 14, 1998, and will be L. Robert Shelton, on maritime issues that may be raised available at the meeting. The next Associate Administrator for Safety by Chrysler’s proposal relating to the NHTSA vehicle regulatory program Performance Standards. transfer of beneficial ownership of the meeting will take place on Thursday, [FR Doc. 98–27719 Filed 10–14–98; 8:45 am] referenced vessels under ODS, CDS, and March 18, 1999 at the Clarion Hotel, BILLING CODE 4910±59±M MSP contracts. This application may be Romulus, MI. inspected in the Office of the Secretary, ADDRESSES: Questions for the December DEPARTMENT OF TRANSPORTATION Maritime Administration. Any person, 17, NHTSA Technical Industry Meeting, firm, or corporation having any interest relating to the agency’s vehicle Research and Special Programs in such request and desiring to submit regulatory program, should be Administration comments concerning the application submitted to Delia Lopez, NPS–01, must file written comments in triplicate National Highway Traffic Safety [Docket Number: RSPA±98±4452; Notice 1] with the Secretary , Maritime Administration, Room 5401, 400 Administration, Room 7210, Nassif Seventh Street, SW., Washington, DC Notice of Request for Extension of an Building, 400 Seventh Street, S.W., 20590, Fax Number 202–366–4329, e- Existing Information Collection Washington, D.C. 20590. Comments mail [email protected]. The meeting AGENCY: Research and Special Programs must be received no later than 5:00 p.m. will be held at the Clarion Hotel, 9191 Administration (RSPA), DOT. on October 20, 1998. The Maritime Wickham Road, Romulus, MI. ACTION: Notice and request for Subsidy Board/Maritime Administrator FOR FURTHER INFORMATION CONTACT: comments. may consider any comments submitted Delia Lopez, (202) 366–1810. and take such action with respect SUPPLEMENTARY INFORMATION: NHTSA FOR FURTHER INFORMATION CONTACT: thereto as may be deemed appropriate. holds a regular, quarterly meeting to Marvin Fell, (202) 366–6205, to ask Dated: October 9, 1998. answer questions from the public and questions about this notice, or write by e-mail to [email protected]. By Order of the Maritime Administrator. the regulated industries regarding the agency’s vehicle regulatory program. SUMMARY: This notice requests public Michael J. McMorrow, Questions on aspects of the agency’s participation in the Office of Assistant Secretary, Maritime Administration. research and development activities that Management and Budget (OMB) [FR Doc. 98–27731 Filed 10–14–98; 8:45 am] relate directly to ongoing regulatory approval process regarding the renewal BILLING CODE 4910±81±P actions should be submitted, as in the of a collection of information. RSPA Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55425 intends to request OMB approve of this ACTION: Notice and request for on those who are to respond, including information collection under the comments. the use of appropriate automated, Paperwork Reduction Act of 1995. electronic, mechanical, or other Type of Information Collection SUMMARY: In accordance with the technological collection techniques. Request: Renewal of Existing Collection. Paperwork Reduction Act of 1995, this Send comments to Dockets Facility, Title of Information Collection: notice announces the Research and Plaza 401, U.S. Department of Certification and Agreement Forms for Special Programs Administration’s Transportation, 400 Seventh St. SW., the Gas and Hazardous Liquid Pipeline (RSPA) intention to request a renewal of Washington, D.C. 20590–0001 or by e- Safety Program. a currently approved information mail to [email protected]. OMB Approval Number: 2137–0584. collection in support of the Office of All responses to this notice will be Frequency: Annually. Pipeline Safety (OPS) Recrordkeeping summarized and included in the request Use: This collection is used by RSPA for Gas Pipeline Operators. for OMB approval. All comments will to ensure that state agencies attesting DATES: Comments on this notice must be also be a matter of public record. they have regulatory jurisdiction over received on or before December 14, Issued in Washington, DC on October 8, pipeline safety, have adopted and are 1998. complying with minimum Federal 1998. FOR FURTHER INFORMATION CONTACT: safety standards. This information is Richard Felder, Marvin Fell, Office of Pipeline Safety, used to calculate grants to states. These Associate Administrator for Pipeline Safety. Research and Special Programs grants are used by states to help fund a [FR Doc. 98–27663 Filed 10–14–98; 8:45 am] Administration, Department of significant portion of their state pipeline BILLING CODE 4910±60±P Transportation, 400 Seventh Street, SW safety programs. Estimated Number of Respondents: Washington, D.C. 20590, (202) 366– 62. 6205, or by e-mail at DEPARTMENT OF TRANSPORTATION Respondents: State Agencies. [email protected]. Total Annual Hours Requested: 3,678. SUPPLEMENTARY INFORMATION: Research and Special Programs Interested persons are invited to send Title: Recordkeeping for Gas Pipeline Administration comments regarding the burden Operators. [Docket RSPA±98±4452 Notice 3] estimate or any other aspect of this OMB Number: 2137–0049. collection of information, including any Type of Request: Renewal of a Notice of Request for Extension of an of the following subjects: (1) The currently approved information Existing Information Collection necessity and utility of the proposed collection. information collection for the proper Abstract: 49 U.S.C. 60117 explains AGENCY: Research and Special Programs performance of the agency’s functions; that in order to enable the Secretary of Administration, DOT (2) the accuracy of the estimated Transportation to decide whether a ACTION: Notice and request for burden; (3) ways to enhance the quality, person transporting gas is complying comments. utility, and clarity of the information to with Federal Safety standards this statue SUMMARY: be collected; and (4) the use of requires the maintenance of records and In accordance with the automated collection techniques or reports and that these and other Paperwork Reduction Act of 1995, this other forms of information technology to requested information be provided to notice announces the Research and minimize the information collection the Department of Transportation upon Special Programs Administration’s burden. request. These records help ascertain (RSPA) intention to request renewal of Comments should be sent to Dockets compliance and provide information for an information collection in support of Facility , U.S. Department of incident investigation. the Office of Pipeline Safety (OPS) for Transportation, Plaza 401, 400 Seventh Estimate of Burden: The average Recordkeeping for Liquid Natural Gas St., SW Washington, D.C. 20590–0001 burden hours per operator is 42.3. (LNG) Facilities. or by e-mail to Respondents: Gas Pipeline operators. DATES: Comments on this notice must be [email protected]. Estimated Number of Respondents: received on or before December 14, DATES: Comments to this notice must be 22,700. 1998, to be assured of consideration. received on or before December 14, 1998 Estimated Total Annual Burden on FOR FURTHER INFORMATION CONTACT: to be assured consideration. Respondents: 959,191. Marvin Fell, Office of Pipeline Safety, Research and Special Programs Issued in Washington, D.C. on October 8, Copies of this information collection 1998. can be reviewed at the Dockets Facility, Administration, Department of Richard B. Felder, Plaza 401, U.S. Department of Transportation, 400 Seventh Street SW, Transportation, 400 Seventh St. SW., Washington, D.C. 20950, (202) 366–1640 Associate Administrator for Pipeline Safety. Washington, D.C. or e-mail [email protected]. [FR Doc. 98–27662 Filed 10–14–98; 8:45 am] Comments are invited on: (a) The SUPPLEMENTARY INFORMATION: BILLING CODE 4910±60±P need for the proposed collection of Title: Recordkeeping for Liquid information for the proper performance Natural Gas (LNG) Facilities. DEPARTMENT OF TRANSPORTATION of the functions of the agency, including OMB Number: 2137–0048. whether the information will have Abstract: 49 U.S.C. 60103 Standards Research and Special Programs practical utility; (b) the accuracy of the for liquefied natural gas pipeline Administration agency’s estimate of the burden of the facilities delegates the responsibility for proposed collection of information ensuring safe operation of LNG facilities [Docket No. RSPA±98±4452 Notice 2] including the validity of the to the Secretary of Transportation. Notice of Request for Extension of an methodology and assumptions used; (c) Regulations for enforcing this legislation Existing Information Collection ways to enhance the quality, utility and are found in 33 CFR 193 Liquefied clarity of the information to be Natural Gas Facilities: Federal Safety AGENCY: Research and Special Programs collected; and (d) ways to minimize the Standards. These regulations include Administration, DOT. burden of the collection of information recordkeeping requirements that allow 55426 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Federal and State inspectors to ensure ports of entry will address the mutual Dated: October 8, 1998 that these facilities are operated and interests of Customs and the trade Audrey Adams, maintained in a safe manner. community in increasing the volume of Acting Assistant Commissioner, Office of Estimate of Burden: The average prototype entries. Field Operations. burden hours per response is 120. DATES: Entries will not be able to be [FR Doc. 98–27645 Filed 10–14–98; 8:45 am] Respondents: LNG facility operators. filed by participants at the additional BILLING CODE 4820±02±P Estimated Number of Respondents: 95 ports of entry before November 1, 1998; Estimated Number of Responses per participants should contact Mike Respondent: 400. Jackson concerning the exact dates DEPARTMENT OF THE TREASURY Estimated Total Annual Burden on when entries may be filed at the Respondents: 11,400 hours. additional ports of entry. Applications Internal Revenue Service Copies of this information collection to participate in the NCAP/P that are [PS±6±95] can be reviewed at the Dockets Facility, submitted after October 15, 1998, must Plaza 401, U.S. Department of include the additional information Proposed Collection; Comment Transportation, 400 Seventh St. SW, specified in this notice. Request for Regulation Project Washington, D.C. ADDRESSES: Applications should be Comments are invited on: (a) The AGENCY: addressed or faxed to Mike Jackson, U.S. Internal Revenue Service (IRS), need for the proposed collection of Customs Service, 1300 Pennsylvania Treasury. information for the proper performance Avenue NW, Room 5.2A, Washington, ACTION: Notice and request for of the functions of the agency, including DC 20229, fax number (202) 927–1096. comments. whether the information will have FOR FURTHER INFORMATION CONTACT: practical utility; (b) the accuracy of the SUMMARY: The Department of the agency’s estimate of the burden of the Mike Jackson, Office of Field Treasury, as part of its continuing effort proposed collection of information Operations, (202) 927–5286. to reduce paperwork and respondent including the validity of the SUPPLEMENTARY INFORMATION: burden, invites the general public and methodology and assumptions used; (c) Background other Federal agencies to take this ways to enhance the quality, utility and opportunity to comment on proposed On March 27, 1997 Customs clarity of the information to be and/or continuing information announced its plan to initiate an collected; and (d) ways to minimize the collections, as required by the account-based declaration prototype burden of the collection of information Paperwork Reduction Act of 1995, Pub. (NCAP/P) under the National Customs on those who are to respond, including L. 104–13 (44 U.S.C. 3506(c)(2)(A)). Automation Program (NCAP) (see, 62 FR the use of appropriate automated, Currently, the IRS is soliciting 14731). On August 21, 1998, a electronic, mechanical, or other comments concerning an existing notice replacement notice was published in the of proposed rulemaking, Gasoline and technological collection techniques. Federal Register (63 FR 44949) that also Diesel Fuel Excise Tax; Dye Injection Send comments to Dockets Facility broadened the eligibility requirements Systems and Markers; Measurement Plaza 401, U.S. Department of for participation in the NCAP/P, (§ 48.4082–1(d)). Transportation, 400 Seventh St. SW, incorporated enhancements made to the Washington, D.C. 20590–0001 or by e- reconciliation component, and clarified DATES: Written comments should be mail to [email protected]. the statement process component. received on or before December 14, 1998 All responses to this notice will be Due to the mutual interests of to be assured of consideration. summarized and included in the request Customs and the trade community in ADDRESSES: Direct all written comments for OMB approval. All comments will increasing the volume of prototype to Garrick R. Shear, Internal Revenue also be a matter of public record. entries, Customs will be making NCAP/ Service, room 5571, 1111 Constitution Issued in Washington, DC on October 8, P processing available at five additional Avenue NW., Washington, DC 20224. 1998. ports of entry. These ports are located FOR FURTHER INFORMATION CONTACT: Richard B. Felder, at: Requests for additional information or Associate Administrator for Pipeline Safety. (1) Buffalo, New York (Peace Bridge copies of the regulation should be [FR Doc. 98–27664 Filed 10–14–98; 8:45 am] and Lewiston Bridge only) directed to Carol Savage, (202) 622– (2) El Paso, Texas BILLING CODE 4910±60±P 3945, Internal Revenue Service, room (3) Nogales, Arizona (4) Calexico, California 5569, 1111 Constitution Avenue NW., (5) Otay Mesa, California Washington, DC 20224. DEPARTMENT OF THE TREASURY This expansion will begin no earlier SUPPLEMENTARY INFORMATION: than November 1, 1998. Once Customs Title: Gasoline and Diesel Fuel Excise Customs Service implements NCAP/P processing at these Tax; Dye Injection Systems and additional ports, all current and future Markers; Measurement. Expansion of National Customs participants may enter NCAP/P OMB Number: 1545–1481. Automation Program Test of Account- merchandise at any of the NCAP/P Regulation Project Number: PS–6–95. Based Declaration to Additional Ports ports, i.e., the NCAP/P ports identified Abstract: Internal Revenue Code of Entry in this notice and the notice of August section 4082(a) exempts from tax diesel AGENCY: Customs Service, Department 21, 1998. fuel that is dyed in accordance with of the Treasury. Applications to participate in the prescribed regulations. Regulation ACTION: General notice. NCAP/P submitted after the date of this section 48.4082–1(d) provides that Federal Register notice should contain diesel fuel that is dyed at a terminal SUMMARY: This notice announces the information specified in the August rack must be dyed by means of (1) a Customs plan to expand the National 21, 1998, notice and must also include prescribed mechanical injection system Customs Automation Program Prototype the approximate total entries per month or (2) nonconforming dyeing. Section (NCAP/P) to include five additional expected at each of the five additional 48.4082–1(d)(4) prescribes the ports of entry. The addition of these NCAP/P ports listed above. information that must be retained by a Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55427 terminal operator that dyes by means of DEPARTMENT OF THE TREASURY Approved: September 28, 1998. nonconforming dyeing. This Terry Lutes, Internal Revenue Service information is required by the IRS to National Director, Electronic Program monitor manual dyeing at terminals and Operations Office, Electronic Tax to ensure the collection of the proper Request for Information on Impact to Discontinue the Form 1040PC Program Administration. amount of tax imposed by Code section [FR Doc. 98–27709 Filed 10–14–98; 8:45 am] 4081. for Tax Years 1999 and Beyond BILLING CODE 4830±01±U Current Actions: There is no change to AGENCY: Internal Revenue Service (IRS), this existing regulation. Treasury. Type of Review: Extension of OMB ACTION: Notice. approval. UNITED STATES INFORMATION Affected Public: Business or other for- SUMMARY: This announcement is AGENCY profit organizations. requesting that software developers, tax Estimated Number of Respondents: practitioners, or taxpayers send to the Culturally Significant Objects Imported 200. Internal Revenue Service their Estimated Time Per Respondent: 1 for Exhibition Determinations: comments on the impact of ``Treasures of Russia'' From hour. discontinuing the Form 1040PC PeterhofÐSummer Palaces of the Estimated Total Annual Burden program for Tax Year 1999. Hours: 200. Czars ADDRESSES: Questions or concerns The following paragraph applies to all should be directed to Lee Lawrence at of the collections of information covered AGENCY: United States Information the IRS, Electronic Tax Administration, by this notice: Agency. Electronic Program Operations Office, An agency may not conduct or OP:ETA:O, New Carrollton Federal ACTION: Notice. sponsor, and a person is not required to Building, 5000 Ellin Road, C4–300 respond to, a collection of information Lanham, MD ATTN: Lee Lawrence or unless the collection of information SUMMARY: Notice is hereby given of the via E-mail at displays a valid OMB control number. following determinations: Pursuant to [email protected] or faxed Books or records relating to a collection the authority vested in me by the Act of to (202) 293–4786 ATTN: Lee Lawrence. of information must be retained as long October 19, 1965 (79 Stat. 985, 22 U.S.C. as their contents may become material SUPPLEMENTARY INFORMATION: In 1991, 2459), Executive Order 12047 of March in the administration of any internal the Service piloted the Form 1040PC 27, 1978 (43 F.R. 133359, March 29, revenue law. Generally, tax returns and return format which was promoted as an 1978), and Delegation Order No. 85–5 of tax return information are confidential, alternative way of filing a computer June 27, 1985 (50 F.R. 27393, July 2, as required by 26 U.S.C. 6103. generated return for those taxpayers 1985). I hereby determine that the who cannot file electronically. The objects to be included in the exhibit, Request for Comments primary objective of the Form 1040PC ‘‘Treasures of Russia’’ from Peterhof— was to provide a standard for a Comments submitted in response to Summer Palaces of the Czars, imported this notice will be summarized and/or condensed plain paper return which would reduce the paper volume to one from abroad for the temporary included in the request for OMB exhibition without profit within the approval. All comments will become a or two sheets of paper for the majority United States, are of cultural matter of public record. Comments are of filing. In addition, the Service significance. These objects are imported invited on: (a) Whether the collection of anticipated that by reducing the amount pursuant to a loan agreement with the information is necessary for the proper of paper input, the Form 1040PC performance of the functions of the processing would be simplified. foreign lender. I also determine that the agency, including whether the Since 1992, the Form 1040PC volume exhibition or display of the listed information shall have practical utility; has fluctuated considerably from year to exhibit objects at Rio Hotel & Casino, (b) the accuracy of the agency’s estimate year and productivity gains have not Las Vegas, Nevada, from on or about of the burden of the collection of been realized due to the variable format November 5, 1998, through on or about information; (c) ways to enhance the content. Additionally for the upcoming April 15, 1999, is in the national quality, utility, and clarity of the 1999 filing season, there are plans for a interest. Public Notice of these information to be collected; (d) ways to pilot which will provide a paperless determinations is ordered to be minimize the burden of the collection of filing experience for those filers who are published in the Federal Register. information on respondents, including eligible to participate. The pilot will FOR FURTHER INFORMATION CONTACT: Lori through the use of automated collection target current on-line filers, Form Nierenberg, Assistant General Counsel, techniques or other forms of information 1040PC and computer generated paper Office of the General Counsel, 202/619– technology; and (e) estimates of capital 1040/1040A filers who have prepared 6084, and the address is Room 700, U.S. or start-up costs and costs of operation, their own returns and will encourage maintenance, and purchase of services those taxpayers to file electronically. Information Agency, 301 4th Street, to provide information. Based on these factors, the Service is S.W. Washington, D.C. 20547–0001. planning to discontinue the 1040PC Dated: October 8, 1998. Approved: October 8, 1998. program effective for Tax Year 1999. Les Jin, Garrick R. Shear, Please submit your comments in writing IRS Reports Clearance Officer. to Lee Lawrence by December 14, 1998, General Counsel. [FR Doc. 98–27710 Filed 10–14–98; 8:45 am] on the impact of discontinuing the [FR Doc. 98–27678 Filed 10–14–98; 8:45 am] BILLING CODE 4830±01±P 1040PC program. BILLING CODE 8230±01±M 55428 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

DEPARTMENT OF VETERANS Estimated Average Burden Per OMB Control Number: 2900–0325. AFFAIRS Respondent: 10 minutes. Type of Review: Extension of a Frequency of Response: On occasion. [OMB Control No. 2900±0118] currently approved collection. Estimated Number of Respondents: Abstract: VA is authorized to pay Agency Information Collection 1,048. educational assistance to veterans and Activities Under OMB Review Send comments and other eligible individuals pursuing recommendations concerning any approved programs of education under AGENCY: Veterans Benefits aspect of the information collection to Title 38, U.S.C., chapters 30, 32 and 35, Administration, Department of Veterans VA’s OMB Desk Officer, Allison Eydt, section 903 of Public Law 96–342, and Affairs. OMB Human Resources and Housing Title 10, U.S.C., chapter 1606. If certain ACTION: Notice. Branch, New Executive Office Building, requirements are met, VA is authorized Room 10235, Washington, DC 20503 to issue payments in advance of the SUMMARY: In compliance with the (202) 395–4650. Please refer to ‘‘OMB beginning date of training. The schools Paperwork Reduction Act (PRA) of 1995 Control No. 2900–0118’’ in any or training establishments deliver (44 U.S.C., 3501 et seq.), this notice correspondence. advance payments and are required to announces that the Veterans Benefits Dated: August 18, 1998. certify the deliveries to VA. The schools Administration (VBA), Department of or training establishments are also Veterans Affairs, has submitted the By direction of the Secretary. required to report the following to VA: collection of information abstracted Donald L. Neilson, (1) The failure of the student to enroll; below to the Office of Management and Director, Information Management Service. (2) an interruption or termination of Budget (OMB) for review and comment. [FR Doc. 98–27625 Filed 10–14–98; 8:45 am] attendance; or, (3) a finding of The PRA submission describes the BILLING CODE 8320±01±P unsatisfactory attendance conduct or nature of the information collection and progress. VA Form 22–1999v serves as its expected cost and burden; it includes the certification of delivery of the the actual data collection instrument. DEPARTMENT OF VETERANS AFFAIRS advance payment and also the report of DATES: Comments must be submitted on any changes in training status. or before November 16, 1998. [OMB Control No. 2900±0325] An agency may not conduct or FOR FURTHER INFORMATION OR A COPY OF sponsor, and a person is not required to THE SUBMISSION CONTACT: Ron Taylor, Agency Information Collection Activities Under OMB Review respond to a collection of information Information Management Service unless it displays a currently valid OMB (045A4), Department of Veterans AGENCY: Veterans Benefits control number. The Federal Register Affairs, 8l0 Vermont Avenue, NW, Administration, Department of Veterans Notice with a 60-day comment period Washington, DC 20420, (202) 273–8015 Affairs. soliciting comments on this collection or FAX (202) 273–5981. Please refer to ACTION: Notice. of information was published on ‘‘OMB Control No. 2900–0118.’’ January 29, 1998 at page 4523. SUPPLEMENTARY INFORMATION: SUMMARY: In compliance with the Affected Public: Business or other for- Title and Form Number: Veterans Paperwork Reduction Act (PRA) of 1995 profit—Not-for-profit institutions— Benefits, Veterans Education, Education (44 U.S.C., 3501 et seq.), this notice State, Local or Tribal Governments. or Training, VA Form Letter 22–315. announces that the Veterans Benefits Estimated Annual Burden: 2,829 OMB Control Number: 2900–0118. Administration (VBA), Department of hours. Type of Review: Extension of a Veterans Affairs, has submitted the currently approved collection. Estimated Average Burden Per collection of information abstracted Respondent: 5 minutes. Abstract: The information is used to below to the Office of Management and Frequency of Response: On occasion. determine whether a claimant is eligible Budget (OMB) for review and comment. for payment for training at an institution The PRA submission describes the Estimated Number of Responses: other than the institution which will nature of the information collection and 33,590. grant a degree or certificate upon its expected cost and burden; it includes Send comments and completion of training. Without the the actual data collection instrument. recommendations concerning any information, benefits cannot be aspect of the information collection to DATES: Comments must be submitted on authorized for any courses pursued at or before November 16, 1998. VA’s OMB Desk Officer, Allison Eydt, other than the primary institution. OMB Human Resources and Housing An agency may not conduct or FOR FURTHER INFORMATION OR A COPY OF Branch, New Executive Office Building, sponsor, and a person is not required to THE SUBMISSION CONTACT: Ron Taylor, Room 10235, Washington, DC 20503 respond to a collection of information Information Management Service (202) 395–4650. Please refer to ‘‘OMB unless it displays a currently valid OMB (045A4), Department of Veterans Control No. 2900–0325’’ in any control number. The Federal Register Affairs, 810 Vermont Avenue, NW, correspondence. Washington, DC 20420, (202) 273–8015 Notice with a 60-day comment period Dated: August 18, 1998. soliciting comments on this collection or FAX (202) 273–5981. Please refer to By direction of the Secretary. of information was published on ‘‘OMB Control No. 2900–0325.’’ January 29, 1998 at page 4526. SUPPLEMENTARY INFORMATION: Donald L. Neilson, Affected Public: State, Local or Tribal Title and Form Number: Certification Director, Information Management Service. Government—Not-for-profit institutions. of Delivery of Advance Payment and [FR Doc. 98–27626 Filed 10–14–98; 8:45 am] Estimated Annual Burden: 175 hours. Enrollment, VA Form 22–1999v. BILLING CODE 8320±01±P federal register October 15,1998 Thursday Grant Guideline;Notice Institute State Justice Part II 55429 55430 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

STATE JUSTICE INSTITUTE however, grants in excess of $150,000 Curriculum Adaptation Grants are likely to be rare, and awarded only A grant of up to $20,000 may be Grant Guideline to support projects likely to have a awarded to a State or local court to significant national impact. AGENCY: State Justice Institute. replicate or modify a model training Applicants must ordinarily submit a ACTION: Final Grant Guideline. program developed with SJI funds. The concept paper (see section VI.) and an Guideline allocates up to $160,000 for SUMMARY: This Guideline sets forth the application (see section VII.) in order to these grants in FY 1999. See section administrative, programmatic, and obtain a project grant. As indicated in II.B.2.b.ii. financial requirements attendant to Section VI.C., the Board may make an Letters requesting Curriculum Fiscal Year 1999 State Justice Institute ‘‘accelerated’’ grant of less than $40,000 Adaptation grants may be submitted at grants, cooperative agreements, and on the basis of the concept paper alone any time during the fiscal year. contracts. when the need for the project is clear However, in order to permit the Institute EFFECTIVE DATE: October 15, 1998. and little additional information about sufficient time to evaluate these the operation of the project would be FOR FURTHER INFORMATION CONTACT: proposals, letters must be submitted no provided in an application. David I. Tevelin, Executive Director, or later than 90 days before the projected Richard Van Duizend, Deputy Director, The FY 1999 mailing deadline for date of the training program. See section State Justice Institute, 1650 King St. project grant concept papers is II.B.2.b.ii.(c). November 24, 1998. Papers must be (Suite 600), Alexandria, VA 22314, (703) Scholarships 684–6100. postmarked or bear other evidence of submission by that date. The Board of The Guideline allocates up to SUPPLEMENTARY INFORMATION: Pursuant Directors will meet in early March 1999 to the State Justice Institute Act of 1984, $200,000 of FY 1999 funds for to invite formal applications based on 42 U.S.C. 10701, et seq., as amended, scholarships to enable judges and court the most promising concept papers. the Institute is authorized to award managers to attend out-of-State Applications will be due on May 12, grants, cooperative agreements, and education and training programs. See 1999 and awards will be approved by contracts to State and local courts, section II.B.2.b.iii. the Board in July. The Institute is making two nonprofit organizations, and others for significant changes in the scholarship the purpose of improving the quality of Single Jurisdiction Project Grants program this year. The first is that justice in the State courts of the United Section II.C.1. reserves up to $300,000 scholarships for eligible applicants will States. for Projects Addressing a Critical Need be approved largely on a ‘‘first come, Status of FY 1999 Appropriations of a Single State or Local Jurisdiction. first served’’ basis, although the Institute The Senate has approved an FY 1999 To receive a grant under this program, may approve or disapprove scholarship appropriation of $14 million for the an applicant must demonstrate that (1) requests in order to achieve appropriate Institute. The House of Representatives the proposed project is essential to balances on the basis of geography, has approved a $6.85 million meeting a critical need of the program provider, and type of court or appropriation. The final amount will be jurisdiction and (2) the need cannot be applicant (e.g., trial judge, appellate determined by a Conference Committee. met solely with State and local judge, trial court administrator). The The scope of the grant program in this resources within the foreseeable future. second is that scholarships will be Guideline and the funding targets noted Applicants are encouraged to submit approved only for programs that either for specific programs may be adjusted proposals to replicate approaches or (1) address topics included in the depending on the final funding figure. programs that have been evaluated as Guideline’s Special Interest categories effective under an SJI grant. Examples of (section II.B.); (2) enhance the skills of Types of Grants Available and Funding projects that could be replicated are judges and court managers; or (3) are Schedules listed in Appendix IV. part of a graduate program for judges or The SJI grant program is designed to Technical Assistance Grants court personnel. be responsive to the most important Applicants interested in obtaining a needs of the State courts. To meet the Section II.C.2. reserves up to $400,000 scholarship for a program beginning full range of the courts’ diverse needs, for Technical Assistance Grants. Under between January 1 and March 31, 1999 the Institute offers five different this program, a State or local court may must submit their applications and any categories of grants. The types of grants receive a grant of up to $30,000 to required accompanying documents by available in FY 1999 and the funding engage outside experts to provide December 1, 1998. For programs cycles for each program are provided technical assistance to diagnose, beginning between April 1 and June 30, below: develop, and implement a response to a 1999, the applications and documents jurisdiction’s problems. must be submitted between January 8 Project Grants Letters of application for a Technical and March 8, 1999. For programs These grants are awarded to support Assistance grant may be submitted at beginning between July 1 and innovative education, research, any time. Applicants submitting letters September 30, 1999, the applications demonstration, and technical assistance between October 1, 1998 and January and documents must be submitted projects that can improve the 15, 1999 will be notified by March 31, between April 1 and June 1, 1999. For administration of justice in State courts 1999; those submitting letters between programs beginning between October 1 nationwide. Except for ‘‘Single January 16 and March 12, 1999 will be and December 31, 1999, the applications Jurisdiction’’ project grants awarded notified by May 28, 1999; those and documents must be submitted under section II.C.1. (see below), project submitting letters between March 14 between July 1 and September 1, 1999. grants are intended to support and June 11, 1999 will be notified by For programs beginning between innovative projects of national August 31, 1999; and those submitting January 1 and March 31, 2000, the significance. As provided in section V. letters between June 12 and September applications and documents must be of the Guideline, project grants may 30, 1999 will be notified of the Board’s submitted between October 1 and ordinarily not exceed $200,000 a year; decision by December 17, 1999. December 1, 1999. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55431

Renewal Grants Improving Court Security; and citation should be referenced in a The Relationship Between State and There are two types of renewal grants footnote or a reference list. Federal Courts. available from SJI: Continuation grants 2. What do you want to do? (see sections III.G., V.C. and D., and Conferences Explain the goal(s) of the project in IX.A.) and On-going support grants (see The Institute is soliciting proposals to simple, straightforward terms. The goals sections III.H., V.C. and D., and IX.B.). conduct a National Conference on should describe the intended Continuation grants are intended to Evaluating the Impact of ‘‘Future and consequences or expected overall effect enhance the specific program or service the Courts’’ Activities. See section of the proposed project (e.g., to enable begun during the initial grant period. II.B.2.b.iv. judges to sentence drug-abusing On-going support grants may be offenders more effectively, or to dispose Comments awarded for up to a three-year period to of civil cases within 24 months), rather support national-scope projects that The Institute received a request from than the tasks or activities to be provide the State courts with critically the Texas Municipal Courts Education conducted (e.g., hold three training needed services, programs, or products. Center recommending that scholarships sessions, or install a new computer The Guideline establishes a target for be available to part-time judges. In light system). renewal grants of approximately 25% of of the limited funds available for To the greatest extent possible, an the total amount projected to be scholarships, the Institute will continue applicant should avoid a specialized available for grants in FY 1999. See to focus the program on the needs of vocabulary that is not readily section IX. Grantees should accordingly full-time judges. The National understood by the general public. be aware that the award of a grant to Association of Drug Court Professionals Technical jargon does not enhance a support a project does not constitute a offered several suggestions about paper, nor does a clever but commitment to provide either specific topics that could be highlighted uninformative title. continuation funding or on-going in the ‘‘Substance Abuse’’ Special 3. How will you do it? support. Interest category. Several of the issues An applicant for a continuation or on- are already within the scope of the Describe the methodology carefully so going support grant must submit a letter category, others are more within the that what you propose to do and how notifying the Institute of its intent to purview of other grant programs, and you would do it are clear. All proposed seek such funding, no later than 120 one (the conduct of a national tasks should be set forth so that a days before the end of the current grant symposium on juvenile drug courts) reviewer can see a logical progression of period. The Institute will then notify the appears premature. Accordingly, no tasks, and relate those tasks directly to applicant of the deadline for its renewal substantive changes were made in the the accomplishment of the project’s grant application. See section IX. Final Guideline. Several minor goal(s). When in doubt about whether to provide a more detailed explanation or Special Interest Categories grammatical, typographical, and technical changes have been made. to assume a particular level of The Guideline includes 12 Special knowledge or expertise on the part of Interest categories, i.e., those project Recommendations to Grant Writers the reviewers, provide the additional areas that the Board has identified as Over the past 12 years, Institute staff information. A description of project being of particular importance to the have reviewed approximately 3,600 tasks also will help identify necessary State courts this year. The selection of concept papers and 1,700 applications. budget items. All staff positions and these categories was based on the Board On the basis of those reviews, inquiries project costs should relate directly to and staff’s experience and observations from applicants, and the views of the the tasks described. The Institute over the past year, the recommendations Board, the Institute offers the following encourages applicants to attach letters of received from judges, court managers, recommendations to help potential cooperation and support from the courts lawyers, members of the public, and applicants present workable, and related agencies that will be other groups interested in the understandable proposals that can meet involved in or directly affected by the administration of justice, and the issues the funding criteria set forth in this proposed project. identified in recent years’ concept Guideline. 4. How will you know it works? papers and applications. The Institute suggests that applicants Section II.B. of the Guideline includes make certain that they address the Include an evaluation component that the following Special Interest categories: questions and issues set forth below will determine whether the proposed Improving Public Confidence in the when preparing a concept paper or training, procedure, service, or Courts; application. Concept papers and technology accomplished the objectives Education and Training for Judges applications should, however, be it was designed to meet. Concept papers and Other Key Court Personnel (this presented in the formats specified in and applications should present the category includes Curriculum sections VI. and VII. of the Guideline, criteria that will be used to evaluate the Adaptation grants, Scholarships for respectively. project’s effectiveness; identify program Judges and Key Court Personnel, and elements which will require further National Conferences); 1. What is the subject or problem you modification; and describe how the Dispute Resolution and the Courts; wish to address? evaluation will be conducted, when it Application of Technology; Describe the subject or problem and will occur during the project period, Court Management, Financing, and how it affects the courts and the public. who will conduct it, and what specific Planning; Discuss how your approach will measures will be used. In most Managed Care and the Courts; improve the situation or advance the instances, the evaluation should be Substance Abuse and the Courts; state of the art or knowledge, and conducted by persons not connected Children and Families in Court; explain why it is the most appropriate with the implementation of the Improving the Courts’ Response to approach to take. When statistics or procedure, training, service, or Domestic Violence; research findings are cited to support a technique, or the administration of the Improving Sentencing Practices; statement or position, the source of the project. 55432 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

The Institute has also prepared a more monetary value of time contributed by sheet, it is not possible for the Institute thorough list of recommendations to existing personnel or members of an to verify the amount of the request. A grant writers regarding the development advisory committee (but not the time final check of the numbers on the form of project evaluation plans. Those spent by participants in an educational against those in the narrative will recommendations are available from the program attending program sessions). preclude such confusion. Institute upon request. When match is offered, the nature of the 10. What travel regulations apply to the 5. How will others find out about it? match (cash or in-kind) should be explained and, at the application stage, budget estimates? Include a plan to disseminate the the tasks and line items for which costs Transportation costs and per diem results of the training, research, or will be covered wholly or in part by rates must comply with the policies of demonstration beyond the jurisdictions match should be specified. and individuals directly affected by the the applicant organization, and a copy project. The plan should identify the 8. Which of the two budget forms should of the applicant’s travel policy should specific methods which will be used to be used? be submitted as an appendix to the inform the field about the project, such Section VII.A.3. of the SJI Grant application. If the applicant does not as the publication of law review or Guideline encourages use of the have a travel policy established in journal articles, or the distribution of spreadsheet format of Form C1 if the writing, then travel rates must be key materials. A statement that a report application requests $100,000 or more. consistent with those established by the or research findings ‘‘will be made Form C1 also works well for projects Institute or the Federal Government (a available to’’ the field is not sufficient. with discrete tasks, regardless of the copy of the Institute’s travel policy is The specific means of distribution or dollar value of the project. Form C, the available upon request). The budget dissemination as well as the types of tabular format, is preferred for projects narrative should state which regulations recipients should be identified. lacking a number of discrete tasks, or for are in force for the project. Reproduction and dissemination costs projects requiring less than $100,000 of The budget narrative also should are allowable budget items. Institute funding. Generally, use the include the estimated fare, the number 6. What are the specific costs involved? form that best lends itself to representing most accurately the budget of persons traveling, the number of trips The budget in both concept papers estimates for the project. to be taken, and the length of stay. The and applications should be presented estimated costs of travel, lodging, clearly. Major budget categories such as 9. How much detail should be included ground transportation, and other personnel, benefits, travel, supplies, in the budget narrative? subsistence should be listed and equipment, and indirect costs should be The budget narrative of an application explained separately. It is preferable for identified separately. The components should provide the basis for computing the budget to be based on the actual of ‘‘Other’’ or ‘‘Miscellaneous’’ items all project-related costs, as indicated in costs of traveling to and from the project should be specified in the application section VII.D. of the SJI Grant Guideline. or meeting sites. If the points of origin budget narrative, and should not To avoid common shortcomings of or destination are not known at the time include set-asides for undefined application budget narratives, the budget is prepared, an average contingencies. applicants should include the following airfare may be used to estimate the 7. What, if any, match is being offered? information: travel costs. For example, if it is Courts and other units of State and Personnel estimates that accurately provide anticipated that a project advisory the amount of time to be spent by personnel local government (not including committee will include members from involved with the project and the total around the country, a reasonable airfare publicly-supported institutions of associated costs, including current salaries higher education) are required by the for the designated personnel (e.g., Project from a central point to the meeting site, State Justice Institute Act to contribute Director, 50% for one year, annual salary of or the average of airfares from each coast a match (cash, non-cash, or both) of at $50,000 = $25,000). If salary costs are to the meeting site may be used. least 50 percent of the grant funds computed using an hourly or daily rate, the Applicants should arrange travel so as requested from the Institute. All other annual salary and number of hours or days to be able to take advantage of advance- applicants also are encouraged to in a work-year should be shown. purchase price discounts whenever Estimates for supplies and expenses provide a matching contribution to supported by a complete description of the possible. assist in meeting the costs of a project. supplies to be used, the nature and extent of The match requirement works as 11. May grant funds be used to purchase printing to be done, anticipated telephone equipment? follows: If, for example, the total cost of charges, and other common expenditures, a project is anticipated to be $150,000, with the basis for computing the estimates Generally, grant funds may be used to a State or local court or executive included (e.g., 100 reports × 75 pages each × .05/page = $375.00). Supply and expense purchase only the equipment that is branch agency may request up to necessary to demonstrate a new $100,000 from the Institute to estimates offered simply as ‘‘based on technological application in a court, or implement the project. The remaining experience’’ are not sufficient. that is otherwise essential to $50,000 (50% of the $100,000 requested In order to expedite Institute review from SJI) must be provided as match. of the budget, make a final comparison accomplishing the objectives of the Cash match includes funds directly of the amounts listed in the budget project. The budget narrative must list contributed to the project by the narrative with those listed on the budget the equipment to be purchased and applicant, or by other public or private form. In the rush to complete all parts explain why the equipment is necessary sources. It does not include income of the application on time, there may be to the success of the project. Written generated from tuition fees or the sale of many last-minute changes; prior approval is required when the project products. Non-cash match refers unfortunately, when there are amount of computer hardware to be to in-kind contributions by the discrepancies between the budget purchased or leased exceeds $10,000, or applicant, or other public or private narrative and the budget form or the the software to be purchased exceeds sources. This includes, for example, the amount listed on the application cover $3000. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55433

12. To what extent may indirect costs be report. When an award period begins prior to implementing any of these included in the budget estimates? December 1, for example, the first changes, so that possible questions may It is the policy of the Institute that all Quarterly Progress Report describing be addressed in advance. Questions costs should be budgeted directly; project activities between December 1 concerning the financial requirements however, if an indirect cost rate has and December 31 will be due on January section of the Guideline, quarterly been approved by a Federal agency 30. A Financial Status Report should be financial reporting, or payment requests, within the last two years, an indirect submitted even if funds have not been should be addressed to the Grants cost recovery estimate may be included obligated or expended. Financial Manager listed in the award in the budget. A copy of the approved By documenting what has happened letter. rate agreement should be submitted as over the past three months, Quarterly It is helpful to include the grant an appendix to the application. Progress Reports provide an opportunity number assigned to the award on all If an applicant does not have an for project staff and Institute staff to correspondence to the Institute. resolve any questions before they approved rate agreement and cannot 4. Why is it important to address the budget directly for all costs, an indirect become problems, and make any necessary changes in the project time special conditions that are attached to cost rate proposal should be prepared in the award document? accordance with Section XI.H.4. of the schedule, budget allocations, etc. The Grant Guideline, based on the Quarterly Project Report should In some instances, a list of special applicant’s audited financial statements describe project activities, their conditions is attached to the award for the prior fiscal year. (Applicants relationship to the approved timeline, document. Special conditions may be lacking an audit should budget all and any problems encountered and how imposed to establish a schedule for project costs directly.) they were resolved, and outline the reporting certain key information, to tasks scheduled for the coming quarter. assure that the Institute has an 13. What meeting costs may be covered It is helpful to attach copies of relevant opportunity to offer suggestions at with grant funds? memos, draft products, or other critical stages of the project, and to SJI grant funds may cover the requested information. An original and provide reminders of some, but not all reasonable cost of meeting rooms, one copy of a Quarterly Progress Report of the requirements contained in the necessary audio-visual equipment, and attachments should be submitted to Grant Guideline. Accordingly, it is meeting supplies, and working meals. the Institute. important for grantees to check the Additional Quarterly Progress Report special conditions carefully and discuss 14. Does the budget truly reflect all costs or Financial Status Report forms may be with their Program Manager any required to complete the project? obtained from the grantee’s Program questions or problems they may have After preparing the program narrative Manager at SJI, or photocopies may be with the conditions. Most concerns portion of the application, applicants made from the supply received with the about timing, response time, and the may find it helpful to list all the major award. level of detail required can be resolved tasks or activities required by the in advance through a telephone 2. Do reporting requirements differ for proposed project, including the conversation. The Institute’s primary renewal grants? preparation of products, and note the concern is to work with grantees to individual expenses, including Recipients of a continuation or on- assure that their projects accomplish personnel time, related to each. This going support grant are required to their objectives, not to enforce rigid will help to ensure that, for all tasks submit quarterly progress and financial bureaucratic requirements. However, if described in the application (e.g., status reports on the same schedule and a grantee fails to comply with a special development of a videotape, research with the same information as recipients condition or with other grant site visits, distribution of a final report), of a grant for a single new project. requirements, the Institute may, after the related costs appear in the budget A continuation grant and each yearly proper notice, suspend payment of grant and are explained correctly in the grant under an on-going support award funds or terminate the grant. budget narrative. should be considered as a separate Sections X., XI., and XII. of the Grant phase of the project. The reports should Guideline contain the Institute’s Recommendations To Grantees be numbered on a grant rather than administrative and financial The Institute’s staff works with project basis. Thus, the first quarterly requirements. Institute Finance Division grantees to help assure the smooth report filed under a continuation grant staff are always available to answer operation of the project and compliance or a yearly increment of an on-going questions and provide assistance with the Guideline. On the basis of support award should be designated as regarding these provisions. monitoring more than 1,600 grants, the number one, the second as number two, Institute staff offers the following and so on, through the final progress 5. What is a Grant Adjustment? suggestions to aid grantees in meeting and financial status reports due within A Grant Adjustment is the Institute’s the administrative and substantive 90 days after the end of the grant period. form for acknowledging the satisfaction requirements of their grants. of special conditions, or approving 3. What information about project changes in grant activities, schedule, 1. After the grant has been awarded, activities should be communicated to staffing, sites, or budget allocations when are the first quarterly reports due? SJI? requested by the project director. It also Quarterly Progress Reports and In general, grantees should provide may be used to correct errors in grant Financial Status Reports must be prior notice of critical project events documents or deobligate funds from the submitted within 30 days after the end such as advisory board meetings or grant. of every calendar quarter—i.e. no later training sessions so that the Institute than January 30, April 30, July 30, and Program Manager can attend if possible. 6. What schedule should be followed in October 30—regardless of the project’s If methodological, schedule, staff, submitting requests for reimbursements start date. The reporting periods covered budget allocations, or other significant or advance payments? by each quarterly report end 30 days changes become necessary, the grantee Requests for reimbursements or before the respective deadline for the should contact the Program Manager advance payments may be made at any 55434 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices time after the project start date and expended. All payment requests must referenced in Circular A–133 must also before the end of the 90-day close-out be received by the end of the 90-day submit an annual audit to SJI, but they period. However, the Institute follows ‘‘close-out-period.’’ Any unexpended would have the option to conduct an the U.S. Treasury’s policy limiting monies held by the grantee that remain audit of the entire grantee organization advances to the minimum amount after the 90-day follow-up period must in accordance with generally accepted required to meet immediate cash needs. be returned to the Institute. Any funds auditing standards; include SJI funds in Given normal processing time, grantees remaining in the grant that have not an audit of Federal funds conducted in should not seek to draw down funds for been drawn down by the grantee will be accordance with the Single Audit Act of periods greater than 30 days from the deobligated. 1984 and OMB Circulars A–128 or A– date of the request. 10. Are funds granted by SJI ‘‘Federal’’ 133; or conduct an audit of only the SJI 7. Do procedures for submitting requests funds? funds in accordance with generally accepted auditing standards. (See for reimbursement or advance payment The State Justice Institute Act differ for renewal grants? Guideline Section XI.J.) A copy of the provides that, except for purposes above-noted circulars may be obtained The basic procedures are the same for unrelated to this question, ‘‘the Institute by calling OMB at (202) 395–7250. any grant. A continuation grant or the shall not be considered a department, yearly grant under an on-going support agency, or instrumentality of the Federal 12. Does SJI have a CFDA number? award should be considered as a Government.’’ 42 U.S.C. 10704(c)(1). Auditors often request that a grantee separate phase of the project. Payment Because SJI receives appropriations provide the Institute’s Catalog of Federal requests should be numbered on a grant from Congress, some grantee auditors Domestic Assistance (CFDA) number for rather than a project basis. The first have reported SJI grants funds as ‘‘Other guidance in conducting an audit in request for funds from a continuation Federal Assistance.’’ This classification accordance with Government grant or a yearly increment under an on- is acceptable to SJI but is not required. Accounting Standards. going support award should be 11. If SJI is not a Federal Agency, do Because SJI is not a Federal agency, it designated as number one, the second as OMB circulars apply with respect to has not been issued such a number, and number two, and so on through the final audits? there are no additional compliance tests payment request for that grant. Except to the extent that they are to satisfy under the Institute’s audit 8. If things change during the grant inconsistent with the express provisions requirements beyond those of a standard period, can funds be reallocated from of the SJI Grant Guideline, Office of governmental audit. one budget category to another? Management and Budget (OMB) Moreover, because SJI is not a Federal The Institute recognizes that some Circulars A–110, A–21, A–87, A–88, A– agency, SJI funds should not be flexibility is required in implementing a 102, A–122, A–128 and A–133 are aggregated with Federal funds to project design and budget. Thus, incorporated into the Grant Guideline determine if the applicability threshold grantees may shift funds among direct by reference. Because the Institute’s of Circular A–133 has been reached. For cost budget categories. When any one enabling legislation specifically requires example, if in fiscal year 1997 grantee reallocation or the cumulative total of the Institute to ‘‘conduct, or require ‘‘X’’ received $10,000 in Federal funds reallocations are expected to exceed five each recipient to provide for, an annual from a Department of Justice (DOJ) grant percent of the approved project budget, fiscal audit’’ [see 42 U.S.C. program and $20,000 in grant funds a grantee must specify the proposed § 10711(c)(1)], the Grant Guideline sets from SJI, the minimum A–133 threshold changes, explain the reasons for the forth options for grantees to comply would not be met. The same distinction changes, and request Institute approval. with this statutory requirement. (See would preclude an auditor from The same standard applies to renewal Section XI.J.) considering the additional SJI funds in grants. In addition, prior written SJI will accept audits conducted in determining what Federal requirements Institute approval is required to shift accordance with the Single Audit Act of apply to the DOJ funds. leftover funds from the original award to 1984 and OMB Circulars A–128, or A– Grantees who are required to satisfy cover activities to be conducted under 133, in satisfaction of the annual fiscal either the Single Audit Act, OMB the renewal award, or to use renewal audit requirement. Grantees that are Circulars A–128, or A–133 and who grant monies to cover costs incurred required to undertake these audits in include SJI grant funds in those audits, during the original grant period. conjunction with Federal grants may need to remember that because of its include SJI funds as part of the audit status as a private non-profit 9. What is the 90-day close-out period? even if the receipt of SJI funds would corporation, SJI is not on routing lists of Following the last day of the grant, a not require such audits. This approach cognizant Federal agencies. Therefore, 90-day period is provided to allow for gives grantees an option to fold SJI the grantee needs to submit a copy of all grant-related bills to be received and funds into the governmental audit rather the audit report prepared for such a posted, and grant funds drawn down to than to undertake a separate audit to cognizant Federal agency directly to SJI. cover these expenses. No obligations of satisfy SJI’s Guideline requirements. The Institute’s audit requirements may grant funds may be incurred during this In sum, educational and nonprofit be found in Section XI.J. of the Grant period. The last day on which an organizations that receive payments Guideline. expenditure of grant funds can be from the Institute that are sufficient to The following Grant Guideline is obligated is the end date of the grant meet the applicability thresholds of adopted by the State Justice Institute for period. Similarly, the 90-day period is OMB Circular A–133 must have their FY 1999: not intended as an opportunity to finish annual audit conducted in accordance and disseminate grant products. This with Government Auditing Standards State Justice Institute Grant Guideline should occur before the end of the grant issued by the Comptroller General of the Table of Contents period. United States rather than with generally I. Background During the 90 days following the end accepted auditing standards. Grantees in II. Scope of the Program of the award period, all monies that this category that receive amounts III. Definitions have been obligated should be below the minimum threshold IV. Eligibility for Award Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55435

V. Types of Projects and Grants; Size of the Institute is authorized to perform the 3. Research on alternative means for Awards following activities: using judicial and nonjudicial personnel VI. Concept Paper Submission Requirements A. Support research, demonstrations, in court decisionmaking activities, for New Projects special projects, technical assistance, implementation of demonstration VII. Application Requirements for New and training to improve the Projects programs to test such innovative VIII. Application Review Procedures administration of justice in the State approaches, and evaluations of their IX. Renewal Funding Procedures and courts; effectiveness; Requirements B. Provide for the preparation, 4. Studies of the appropriateness and X. Compliance Requirements publication, and dissemination of efficacy of court organizations and XI. Financial Requirements information regarding State judicial financing structures in particular States, XII. Grant Adjustments systems; and support to States to implement Appendix I—List of State Contacts Regarding C. Participate in joint projects with plans for improved court organization Administration of Institute Grants to Federal agencies and other private and financing; State and Local Courts grantors; Appendix II—SJI Libraries: Designated Sites 5. Support for State court planning D. Evaluate or provide for the and budgeting staffs and the provision and Contacts evaluation of programs and projects Appendix III—Illustrative List of Model of technical assistance in resource Curricula funded by the Institute to determine allocation and service forecasting Appendix IV—Illustrative List of Replicable their impact upon the quality of techniques; Projects criminal, civil, and juvenile justice and 6. Studies of the adequacy of court Appendix V—State Justice Institute the extent to which they have management systems in State and local Scholarship Application Forms (Forms contributed to improving the quality of courts, and implementation and S1 and S2) justice in the State courts; evaluation of innovative responses to Appendix VI—Line-Item Budget Form (Form E. Encourage and assist in furthering E) records management, data processing, judicial education; court personnel management, reporting Appendix VII—Certificate of State Approval F. Encourage, assist, and serve in a Form (Form B) and transcription of court proceedings, consulting capacity to State and local and juror utilization and management; I. Background justice system agencies in the 7. Collection and compilation of development, maintenance, and The Institute was established by Pub. statistical data and other information on coordination of criminal, civil, and L. 98–620 to improve the administration the work of the courts and on the work juvenile justice programs and services; of justice in the State courts in the of other agencies which relates to and and United States. Incorporated in the State affects the work of courts; G. Be responsible for the certification of Virginia as a private, nonprofit 8. Studies of the causes of trial and of national programs that are intended corporation, the Institute is charged, by appellate court delay in resolving cases, to aid and improve State judicial statute, with the responsibility to: and establishing and evaluating systems. A. Direct a national program of experimental programs for reducing financial assistance designed to assure II. Scope of the Program case processing time; that each citizen of the United States is During FY 1999, the Institute will 9. Development and testing of provided ready access to a fair and consider applications for funding methods for measuring the performance effective system of justice; support that address any of the areas of judges and courts, and experiments in B. Foster coordination and specified in its enabling legislation. The the use of such measures to improve the cooperation with the Federal judiciary; Board, however, has designated 12 functioning of judges and the courts; C. Promote recognition of the program categories as being of ‘‘special 10. Studies of court rules and importance of the separation of powers interest.’’ See section II.B. procedures, discovery devices, and doctrine to an independent judiciary; evidentiary standards to identify and A. Authorized Program Areas problems with the operation of such D. Encourage education for judges and The Institute is authorized to fund rules, procedures, devices, and support personnel of State court systems projects addressing one or more of the standards, and the development of through national and State following program areas listed in the alternative approaches to better organizations, including universities. State Justice Institute Act, the Battered reconcile the requirements of due To accomplish these broad objectives, Women’s Testimony Act, the Judicial process with the need for swift and the Institute is authorized to provide Training and Research for Child certain justice, and testing of the utility funds to State courts, national Custody Litigation Act, and the of those alternative approaches; organizations which support and are International Parental Kidnapping 11. Studies of the outcomes of cases supported by State courts, national Crime Act. in selected areas to identify instances in judicial education organizations, and 1. Assistance to State and local court which the substance of justice meted other organizations that can assist in systems in establishing appropriate out by the courts diverges from public improving the quality of justice in the procedures for the selection and expectations of fairness, consistency, or State courts. removal of judges and other court equity, and the development, testing, The Institute is supervised by an 11- personnel and in determining and evaluation of alternative approaches member Board of Directors appointed by appropriate levels of compensation; to resolving cases in such problem the President, by and with the consent 2. Education and training programs areas; of the Senate. The Board is statutorily for judges and other court personnel for 12. Support for programs to increase composed of six judges, a State court the performance of their general duties court responsiveness to the needs of administrator, and four members of the and for specialized functions, and citizens through citizen education, public, no more than two of whom can national and regional conferences and improvement of court treatment of be of the same political party. seminars for the dissemination of witnesses, victims, and jurors, and Through the award of grants, information on new developments and development of procedures for contracts, and cooperative agreements, innovative techniques; obtaining and using measures of public 55436 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices satisfaction with court processes to applications in any of the statutory litigants and the public about judicial improve court performance; program areas are eligible for funding in decisions, the trial and appellate court 13. Testing and evaluating FY 1999, the Institute is especially process, and court operations; experimental approaches to provide interested in funding those projects that: • Eliminate race, ethnic, and gender increased citizen access to justice, a. Formulate new procedures and bias in the courts through innovative including processes which reduce the techniques, or creatively enhance programs, procedures, materials, and cost of litigating common grievances, existing arrangements to improve the court-community collaborations to help and alternative techniques and courts; make courts more accessible, mechanisms for resolving disputes b. Address aspects of the State understandable, and inclusive for all between citizens; judicial systems that are in special need segments of the communities they serve; 14. Collection and analysis of of serious attention; • Assure that judges and court information regarding the admissibility c. Have national significance by employees meet the highest ethical and quality of expert testimony on the developing products, services, and standards and that judicial disciplinary experiences of battered women offered techniques that may be used in other procedures are known, fair, and as part of the defense in criminal cases States; and effective; • under State law, as well as sources of d. Create and disseminate products Address court-community problems and methods to obtain funds to pay that effectively transfer the information resulting from the influx of legal and costs incurred to provide such and ideas developed to relevant illegal immigrants, including projects to testimony, particularly in cases audiences in State and local judicial inform judges about the effects of recent involving indigent women defendants; systems, or provide technical assistance Federal and State legislation regarding 15. Development of training materials to facilitate the adaptation of effective immigrants; design and assess to assist battered women, operators of programs and procedures in other State procedures for use in custody, domestic violence shelters, battered and local jurisdictions. visitation, and other domestic relations women’s advocates, and attorneys to use A project will be identified as a cases when key family members or expert testimony on the experiences of ‘‘Special Interest’’ project if it meets the property are outside the United States; battered women in appropriate cases, four criteria set forth above and (1) it and develop protocols to facilitate and individuals with expertise in the falls within the scope of the ‘‘special service of process, the enforcement of experiences of battered women to interest’’ program areas designated orders of judgment, and the disposition develop skills appropriate to providing below, or (2) information coming to the of criminal and juvenile cases when a such testimony; attention of the Institute from the State non-U.S. citizen or corporation is 16. Research regarding State judicial courts, their affiliated organizations, the involved; • Demonstrate and evaluate decisions relating to child custody research literature, or other sources approaches courts can use to implement litigation involving domestic violence; demonstrates that the project responds the concept of restorative justice, 17. Development of training curricula to another special need or interest of the including methods for involving the to assist State courts to develop an State courts. community in the sentencing process; understanding of, and appropriate Concept papers and applications • Test the impact of methods for responses to child custody litigation which address a ‘‘Special Interest’’ improving juror comprehension in involving domestic violence; category will be accorded a preference criminal and civil cases, including 18. Dissemination of information and in the rating process. (See the selection preparation and use of jury instructions training materials and provision of criteria listed in sections VI.B., in as ‘‘plain English’’ as possible, and technical assistance regarding the issues ‘‘Concept Paper Submission providing access to videotaped listed in paragraphs 14–17 above; Requirements for New Projects,’’ and instructions and testimony, 19. Development of national, regional, VIII.B., ‘‘Application Review electronically-based evidence, and other and in-State training and educational Procedures.’’) aids to comprehension in the jury room. programs dealing with criminal and 2. Specific Categories In addition, the Institute is interested civil aspects of interstate and The Board has designated the areas in supporting projects to complement or international parental child abduction; set forth below as ‘‘Special Interest’’ enhance the National Conference on 20. Other programs, consistent with Unrepresented Litigants in Court, the purposes of the State Justice program categories. The order of listing does not imply any ordering of priorities scheduled to be held in late 1999. and Institute Act, as may be deemed anticipates supporting projects to appropriate by the Institute, including among the categories. a. Improving Public Confidence in the implement the action plans and findings projects dealing with the relationship Courts. This category includes developed at that Conference in fiscal between Federal and State court systems demonstration, evaluation, research, year 2000. However, applicants are such as where there is concurrent State- and education projects designed to advised that Institute funds may not be Federal jurisdiction and where Federal improve the responsiveness of courts to used to directly or indirectly support courts, directly or indirectly, review public concerns regarding the fairness, legal representation of individuals in State court proceedings. equity, accessibility, timeliness, and specific cases. Funds will not be made available for comprehensibility of the court process, Previous SJI-supported projects that the ordinary, routine operation of court and test innovative methods for address these issues include: Enhancing systems or programs in any of these increasing the public’s confidence in the Court-Community Relationships: A areas. State courts. National Town Hall Meeting B. Special Interest Program Categories The Institute is particularly interested Videoconference and projects to in supporting innovative projects that implement the action plans developed 1. General Description. examine, develop, and test methods that at the conference; national and State The Institute is interested in funding trial or appellate courts may use to: conferences on Enhancing Public Trust both innovative programs and programs • Achieve more effectively the and Confidence in the Courts; of proven merit that can be replicated in educational function of the court by educational materials for court other jurisdictions. Although clearly communicating information to employees on serving the public; Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55437 surveys and focus groups to identify allowing jurors to discuss the evidence a comprehensive program of continuing concerns about the courts and assess prior to the deliberations on the verdict. education, training, and career how courts are serving the needs of the b. Education and Training for Judges development for judges and court public; a videotape on the role and and Other Key Court Personnel. The personnel as an integral part of court operation of a State supreme court; a Institute is interested in supporting an operations; demonstration of the use of reparative array of projects that will continue to • Test the effectiveness of including a community sentencing boards and strengthen and broaden the availability variety of experiential instructional community volunteers to monitor adult of court education programs at the State, approaches in judicial branch education probationers and to monitor regional, and national levels. This programs such as field studies and guardianships; evaluation of category is divided into four interchanges with community programs, community-based court programs in subsections: (i) Innovative Educational organizations, and institutions; and • New York City; and guidelines for court- Programs; (ii) Curriculum Adaptation Encourage intergovernmental annexed day-care systems; Projects; (iii) Scholarships; and (iv) teambuilding, collaboration, and Serving Unrepresented Litigants: A National Conferences. planning among the judicial, executive, national conference on unrepresented i. Innovative Educational Programs. and legislative branches of government, litigants in courts; a guidebook on the This category includes support for the or courts within a metropolitan area or extent of self-representation and the development and pilot-testing of multi-State region problems being encountered, and the innovative, high-quality educational (b) The Institute also is interested in procedures, and programs being used by programs for judges or court personnel supporting the development and testing of curricula on issues of critical courts to assist pro se litigants; that address key substantive and importance to the courts, including educational materials and a benchbook administrative issues of concern to the those listed in the other Special Interest to assist courts in responding to nation’s courts, or help local courts or State court systems develop or enhance categories described in this Chapter. individuals and groups unwilling to ii. Curriculum Adaptation Projects. (a) comply with legal and administrative their capacity to deliver quality continuing education. Programs may be Description of the Program. The Board procedures; developing and evaluating is reserving up to $160,000 to provide various means by which courts can designed for presentation at the local, State, regional, or national level. support for projects that adapt a model assist unrepresented litigants including Ordinarily, court education programs curriculum developed with SJI support local and Statewide self-service centers, should be based on some form of and to pilot test it to determine its touchscreen computer kiosks, assessment of the needs of the target appropriateness, quality, and videotapes, plain-English forms and audience; include clearly stated learning effectiveness for inclusion in the other written materials; assessing objectives that delineate the new jurisdiction’s judicial branch education effective and efficient methods for knowledge or skills that participants program. An illustrative list of the providing legal representation to will acquire (as opposed to a description curricula that may be appropriate for indigent parties in criminal and family of what will be taught); incorporate adaptation is contained in Appendix III. cases; and examining the methods adult education principles and multiple The goal of the Curriculum courts in rural communities can use to teaching/learning methods; and result in Adaptation program is to provide State assure access and fairness for the development of a disseminable and local courts with sufficient support immigrants; curriculum as defined in section III.J. to modify a model curriculum, course Eliminating Race and Ethnic Bias in (a) The Institute is particularly module, or national or regional the Courts: Presenting a National interested in the development of conference program developed with SJI Conference on Eliminating Race and education programs that: funds so as to meet a State’s or local Ethnic Bias in the Courts and • Include innovative self-directed jurisdiction’s educational needs, to supporting projects to implement the learning packages for use by judges and pilot-test it to determine its action plans developed at the court personnel, and distance-learning appropriateness, quality, and conference; examining the applicability approaches to assist those who do not effectiveness, and train future of various dispute resolution procedures have ready access to classroom-centered instructors to enable them to make to different cultural groups; and programs. These packages and future presentations of the curriculum. developing educational programs and approaches should include the It is anticipated that the adapted materials for judges and court staff on appropriate use of various media and curriculum will become part of the diversity and related issues; technologies such as Internet-based grantee’s ongoing educational offerings. Facilitating the Use of Qualified Court programming, interactive CD-ROM or Only State or local courts may apply Interpreters: Preparing a manual and floppy disk-based programs, videos, or for Curriculum Adaptation funding. other materials for managing and other audio and visual media, supported Grants to support adaptation of coordinating court interpretation by written materials or manuals. They educational programs previously services; developing basic and graduate also should include a meaningful developed with SJI funds are limited to level curricula and other materials for program evaluation and a self- no more than $20,000 each. As with training and assisting court interpreters; evaluation process that assesses pre-and other awards to State or local courts, and assessing the feasibility and post-program knowledge and skills; cash or in-kind match must be provided effectiveness of interpreting in court via • Familiarize faculty with the in an amount equal to at least 50% of the telephone; effective use of instructional technology the grant amount requested. Improving Jury Service and Jury including methods for effectively (b) Review Criteria and Procedures. System Management: Developing a presenting information through distance Curriculum Adaptation grants will be manual for implementing innovations in learning approaches including the awarded on the basis of criteria jury selection, use, and management; Internet, videos, and satellite including: the goals and objectives of preparing a guide for making juries teleconferences; the proposed project; the need for accessible to persons with disabilities; • Assist local courts, State court outside funding to support the program; documenting methods for reducing juror systems, and court systems in a the appropriateness of the educational stress; and assessing the effect of geographic region to develop or enhance approach in achieving the project’s 55438 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices educational objectives; the likelihood of evaluation should be included in the Scholarships will be granted to effective implementation and final report.) individuals only for the purpose of integration into the State’s or local • Expressions of Interest By Judges attending an out-of-State educational jurisdiction’s ongoing educational and/or Court Personnel. Does the program within the United States. programming; and expressions of proposed program have the support of A scholarship may cover the cost of interest by the judges and/or court the court system leadership, and of tuition and transportation up to a personnel who would be directly judges, court managers, and judicial maximum total of $1,500 per involved in or affected by the project. In education personnel who are expected scholarship. (Transportation expenses making curriculum adaptation awards, to attend? (This may be demonstrated by include round-trip coach airfare or train the Institute will also consider factors attaching letters of support.) fare. Recipients who drive to the site of such as the reasonableness of the • Budget and Matching State the program may receive $.31/mile up to amount requested, compliance with Contribution. Applicants should attach the amount of the advanced purchase match requirements, diversity of subject a copy of budget Form E (see Appendix round-trip airfare between their home matter, geographic diversity, the level of V) and a budget narrative (see Section and the program site.) Funds to pay appropriations available in the current VII.B.) that describes the basis for the tuition and transportation expenses in year, and the amount expected to be computation of all project-related costs excess of $1,500, and other costs of available in succeeding fiscal years. and the source of the match offered. attending the program such as lodging, The Board anticipates acting upon • Chief Justice’s Concurrence. Local meals, materials, transportation to and applications within 45 days after courts should attach a concurrence form from airports, and local transportation receipt. Grant funds will be available signed by the Chief Justice of the State (including rental cars) at the site of the only after Board approval, and or his or her designee. (See Form B, education program, must be obtained negotiation of the final terms of the Appendix VI.) from other sources or be borne by the grant. Letters of application may be scholarship recipient. Scholarship applicants are (c) Application Procedures. In lieu of submitted at any time. However, concept papers and formal applications, encouraged to check other sources of applicants should allow at least 90 days applicants should submit a detailed financial assistance and to combine aid between the date of submission and the letter and three photocopies. Although from various sources whenever possible. date of the proposed program to allow there is no prescribed form for the letter, In addition, scholarship recipients are sufficient time for needed planning. or a minimum or maximum page limit, encouraged to check with their tax (d) Grantee Responsibilities. A letters of application should include the advisor to determine whether the recipient of a Curriculum Adaptation following information to assure that scholarship constitutes taxable income grant must: each of the review criteria listed above under Federal and State law. is addressed: (1) Comply with the same quarterly (b) Eligibility Requirements. Because • Project Description. What is the title reporting requirements as other Institute of the limited amount of funds of the model curriculum to be adapted grantees (see Section X.L.); available: and who developed it? What are the (2) Include in each grant product a (1) Recipients. Scholarships can be project’s goals? Why is this education prominent acknowledgment that awarded only to full-time judges of State program needed at the present time? support was received from the Institute, or local trial and appellate courts; full- What program components would be along with the ‘‘SJI’’ logo and a time professional, State or local court implemented, and what types of disclaimer paragraph (See section X.Q.); personnel with management modifications, if any, are anticipated in and responsibilities; and supervisory and length, format, learning objectives, (3) Submit one copy of the manuals, management probation personnel in teaching methods, or content? Who handbooks, or conference packets judicial branch probation offices. Senior would be responsible for adapting the developed under the grant at the judges, part-time judges, quasi-judicial model curriculum? Who would the conclusion of the grant period, along hearing officers including referees and participants be, how many would there with a final report that includes any commissioners, State administrative law be, how will they be recruited, and from evaluation results and explains how the judges, staff attorneys, law clerks, line where would they come (e.g., from grantee intends to present the program staff, law enforcement officers, and across the State, from a single local in the future. other executive branch personnel are jurisdiction, from a multi-State region)? iii. Scholarships for Judges and Court not eligible to receive a scholarship. • Need for Funding. Why are Personnel. The Institute is reserving up (2) Courses. Scholarships can be sufficient State or local resources to $200,000 to support a scholarship awarded only for courses presented in a unavailable to fully support the program for State court judges and court U.S. jurisdiction other than the one in modification and presentation of the managers. which the applicant resides that are model curriculum? What is the potential (a) Program Description/Scholarship designed to enhance the skills of new or for replicating or integrating the Amounts. The purposes of the Institute experienced judges and court managers; program in the future using State or scholarship program are to: enhance the address any of the topics listed in the local funds, once it has been skills, knowledge, and abilities of judges Institute’s Special Interest categories; or successfully adapted and tested? and court managers; enable State court are offered by a recognized graduate • Likelihood of Implementation. judges and court managers to attend out- program for judges or court managers. What is the proposed timeline for of-State educational programs The annual or midyear meeting of a modifying and presenting the program? sponsored by national and State State or national organization of which Who would serve as faculty and how providers that they could not otherwise the applicant is a member does not were they selected? What measures attend because of limited State, local qualify as an out-of-State educational would be taken to facilitate subsequent and personal budgets; and provide program for scholarship purposes, even presentations of the adapted program? States, judicial educators, and the though it may include workshops or (Ordinarily, an independent evaluation Institute with evaluative information on other training sessions. of a curriculum adaptation project is not a range of judicial and court-related (c) Application Procedures. (1) Forms. required; however, the results of any education programs. Judges and court managers interested in Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55439 receiving a scholarship must submit the • The unavailability of State or local home to the site of the educational Institute’s Judicial Education funds to cover the costs of attending the program). Scholarship Payment Scholarship Application Form and the program or scholarship funds from Vouchers should be submitted within written concurrence of the Chief Justice another source; 90 days after the end of the course of their State’s Supreme Court (or the • The absence of educational which the recipient attended. Chief Justice’s designee) on the programs in the applicant’s State iv. National Conferences. This Institute’s Judicial Education addressing the topic(s) covered by the category includes support for national Scholarship Concurrence form (Forms educational program for which the conferences on topics of major concern S1 & S2, see Appendix V). The signature scholarship is being sought; to State court judges and personnel of the presiding judge of the applicant’s • Geographic balance among the across the nation. Applicants are court cannot be substituted for that of recipients; encouraged to consider the use of • the Chief Justice or the Chief Justice’s The balance of scholarships among videoconference and other technologies designee. Court managers, other than educational programs; • to increase participation and limit travel elected clerks of court, also must submit The balance of scholarships among expenses in planning and presenting the types of courts represented; and a letter of support from their immediate • conferences. In planning a conference, supervisor. The level of appropriations applicants should provide for a written, An applicant may apply for a available to the Institute in the current video, or computer-based product that scholarship for only one educational year and the amount expected to be would widely disseminate information, program during any one application available in succeeding fiscal years. findings, and any recommendations The postmark or courier receipt will cycle. resulting from the conference. be used to determine the date on which (2) Dates. Scholarship applications The Institute is particularly interested the application form and other required with the accompanying documents must in supporting a National Symposium on items were sent. be submitted during the periods The Institute intends to notify each Evaluating the Impact of ‘‘Future and specified below: applicant whether a scholarship has the Courts’’ Activities. In the late 1980’s, October 1–December 1, 1998, for been approved within 30 days after the Virginia and Arizona established the programs beginning between close of the relevant application period. first commissions on the future of their January 1 and March 31, 1999; The Institute will reserve sufficient State courts. SJI contributed support to January 8–March 8, 1999, for funds each quarter to assure the those commissions, and in May 1990, programs beginning between April 1 availability of scholarships throughout under a cooperative agreement with the and June 30, 1999; the year. American Judicature Society, convened April 1–June 1, 1999, for programs (e) Non-transferability. A scholarship a ‘‘National Conference on the Future beginning between July 1 and is not transferable to another individual. and the Courts’’ in San Antonio. Over September 30, 1999; It may be used only for the course the next several years, almost every July 1–September 1, 1999, for specified in the application unless State court system established a programs beginning between October 1 attendance at a different course that ‘‘futures’’ commission, convened a and December 31, 1999; and meets the eligibility requirements is futures conference, or engaged in some October 1–December 1, 1999, for approved in writing by the Institute. other long-range planning exercise. Each programs beginning between January 1 Decisions on such requests will be made of those ventures produced a set of and March 31, 2000. within 30 days after the receipt of the recommendations for steps that could be No exceptions or extensions will be request letter. taken by the courts, the legislature, the granted. For the Scholarship application (f) Responsibilities of Scholarship bar, other professional disciplines, and cycle beginning January 8, 1999 and all Recipients. Scholarship recipients are the public to improve the subsequent cycles, applications sent responsible for disseminating the administration of justice in the State. prior to the application period will be information received from the course to Anecdotal information suggests that, in considered to have been sent one week their court colleagues locally, and if many States, those recommendations after the beginning of that application possible, throughout the State (e.g., by produced significant long-term change period. All the required items must be developing a formal seminar, circulating in a number of areas but, in other States, received in order for an application to the written material, or discussing the little, if any, change occurred. be considered. If the Concurrence form information at a meeting or conference). The purpose of the national or letter of support is sent separately Recipients also must submit to the conference would be to: from the application, the postmark date Institute a certificate of attendance at (a) Evaluate the impact of the national of the last item to be sent will be used the program, an evaluation of the and State futures activities conducted in applying the above criteria. educational program they attended, and over the past decade; All applications should be sent by a copy of the notice of any scholarship (b) Identify the reasons why some mail or courier (not fax or e-mail) to: funds received from other sources. A States were more successful than others Scholarship Program Coordinator, copy of the evaluation must be sent to in implementing change; and (c) Assess State Justice Institute, 1650 King Street, the Chief Justice of their State. A State what steps can be taken or methods Suite 600 Alexandria, VA 22314. or local jurisdiction may impose developed to: Applicants are encouraged not to wait additional requirements on scholarship (1) facilitate the recommended for the decision on the scholarship to recipients. changes that are still appropriate; register for the educational program In order to receive the funds (2) more fully institutionalize long- they wish to attend. authorized by a scholarship award, range planning by State court systems (d) Selection Criteria/Review recipients must submit a Scholarship and, where appropriate, local courts; Procedures. Scholarships will be Payment Voucher (Form S3) together and awarded on the basis of: with a tuition statement from the (3) assist each State court system or • The date on which the application program sponsor, and a transportation local court in identifying future trends and concurrence (and support letter, if fare receipt (or statement of the driving that may significantly affect its ability to required) were sent; mileage to and from the recipient’s deliver justice. 55440 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

The Board wishes to emphasize that program and request Institute funds to • Develop model rules or standards to it does not envision this conference as support related technical assistance, govern the use of electronic filing, a second San Antonio conference. The training, and evaluation elements of the electronic notices, and electronic data purpose of the proposed conference program. and document interchange; should not be to develop trends, In previous funding cycles, the • Test innovative scenarios, and strategies for improving Institute has supported projects to telecommunications links among courts, American courts over the next 30 years, evaluate the use of mediation in civil, and between courts and executive but to meet the specific goals articulated domestic relations, juvenile, branch or private agencies and services. above. guardianship, medical malpractice, • Test innovative applications of c. Dispute Resolution and the Courts. appellate, and minor criminal cases, as voice recognition technology by judges This category includes research, well as in resolving grievances of court and clerks in the adjudication process; • evaluation, and demonstration projects employees. SJI grants also have Evaluate and document the to evaluate or enhance the effectiveness supported assessments of the impact of innovative uses of technology to of court-connected dispute resolution private judging on State courts; multi- improve jury management; • programs. The Institute is interested in door courthouse programs; arbitration Assess the impact of the use of projects that facilitate comparison of civil cases; screening and intake comprehensive electronic court records among research studies by using similar procedures for mediation; early referrals systems on case management and court measures and definitions; address the procedures; to mediation in divorce proceedings; • nature and operation of ADR programs and trial and appellate level civil Demonstrate and evaluate the use of within the context of the court system settlement programs. technology to assist judicial as a whole; and compare dispute In addition, SJI has supported two decisionmaking; • Evaluate the use of digital audio resolution processes to attorney national conferences on court- and video technology for making a settlement as well as trial. Specific connected dispute resolution; a national record of court proceedings; topics of interest include: ADR resource center and a national • • Determining the appropriate timing Demonstrate and evaluate the use of database of court-connected dispute videoconferencing technology to present for referrals to dispute resolution resolution programs; training programs services to enhance settlements and testimony by witnesses in remote for judges and mediators; the testing of locations, and appellate arguments (but reduce time to disposition; Statewide and trial court-based ADR • Assessing the effect of different see the limitations specified below); monitoring/evaluation systems and • Assess the impact of the use of referral methods including any implementation manuals; the differences in outcome between multimedia CD–ROM-based briefs on promulgation and implementation of the courts, parties, counsel, and the trial voluntary and mandatory referrals; principles and policies regarding the • Comparing the appropriateness and or appellate process; qualifications, selection, and training of effectiveness of facilitative and • Assist courts in determining the court-connected neutrals; development evaluative mediation in various types of policies and procedures that should of standards for court-annexed cases; govern public access to information • Evaluating the effectiveness of the mediation programs; development of filed in electronically stored case use of family group conferencing guidelines to help mediators avoid records; and procedures in dependency, conduct that may be considered the • Assist courts in identifying and delinquency, and status offense cases; unauthorized practice of law; and an solving potential ‘‘Year 2000’’ problems. • Evaluating innovative court- examination of the applicability of Ordinarily, the Institute will not connected dispute resolution programs various dispute resolution procedures to provide support for the purchase of for resolving specific types of cases such different cultural groups. equipment or software in order to as minor criminal cases, probate d. Application of Technology. This implement a technology that is proceedings, land-use disputes, and category includes the testing of commonly used by courts, such as complex and multi-party litigation; innovative applications of technology to videoconferencing between courts and • Testing of methods that courts can improve the operation of court jails, optical imaging for recordkeeping, use to assure the quality of court- management systems and judicial and automated management connected dispute resolution programs; practices at both the trial and appellate information systems. (See also section and court levels. XI.H.2.b. regarding other limits on the • Developing methods to eliminate The Institute seeks to support local use of grant funds to purchase race, ethnic, or gender bias in court- experiments with promising but equipment and software.) connected dispute resolution programs, untested applications of technology in In previous funding cycles, grants testing approaches for assuring that the courts that include an evaluation of have been awarded to support projects such programs are open to all members the impact of the technology in terms of that: demonstrate, document, and of the community served by the court, costs, benefits, and staff workload, and evaluate the availability of electronic and assessing whether having a a training component to assure that staff forms and information on the Internet to mediator pool that reflects the diversity is appropriately educated about the assist pro se litigants; access to case of the community it serves, has an purpose and use of the new technology. data via the Internet; electronic filing impact on the use of mediation by In this context, ‘‘untested’’ refers to and document transfer; an electronic minorities and its effectiveness. novel applications of technology document management system; a court Applicants should be aware that the developed for the private sector and management information display Institute will not provide operational other fields that have not previously system; the integration of bar-coding support for on-going ADR programs or been applied to the courts. technology with an existing automated start-up costs of non-innovative ADR The Institute is particularly interested case management system; an on-bench programs. Courts also should be in supporting efforts to: automated system for generating and advised that it is preferable for the • Evaluate innovative approaches for processing court orders; an automated applicant to use its funds to support the filing pleadings and documents judicial education management system; operational costs of an innovative electronically; a document management system for Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55441 small courts using imaging technology; • Develop and test innovative arise and what new rules and a computerized citizen intake and educational programs and materials to procedures may be needed to address referral service; an ‘‘analytic judicial enhance the core competencies required those problems; desktop system’’ to assist judges in of court managers and staff; • how the increased litigation making sentencing decisions; the • Develop and test methods for resulting from the North American Free application of voice-recognition facilitating and implementing change Trade Agreement and the global technology to stenomask reporting; and and for encouraging excellence in court integration of business affect the State the use of automated teller machines for operations; courts—are special rules and procedures paying jurors. • Demonstrate and assess the needed? Grants have also supported national effective use of staff teams in court • what the new ‘‘community courts’’ court technology conferences; a court operations; and can learn from the experience of the old • technology laboratory to provide judges Implement and evaluate approaches justice of the peace courts, and court managers an opportunity to for institutionalizing long-range • the appropriateness of modifying test automated court-related hardware strategic planning in individual States methods for selecting, qualifying, and and software; a technical information and local jurisdictions including using juries; and service to respond to specific inquiries development of the capacity to conduct • the likely extent, nature, and impact concerning court-related technologies; environmental scanning, trends on the courts of litigation arising from development of recommendations for analysis, and benchmarking. ‘‘Year 2000’’ problems. electronic transfer of court documents, ii. Demonstration, evaluation, In previous funding cycles, the model rules on the use of computer- education, technical assistance, and Institute has supported national and generated demonstrative evidence and research projects to implement the Statewide ‘‘future and the courts’’ electronic documentary evidence, and National Agenda for Assuring Prompt conferences and training; curricula, guidelines on privacy and public access and Affordable Justice in the 21st guidebooks, a video on visioning, and a to electronic court information and on Century, including projects to: long-range planning guide for trial • Document and publicize successful court access to the information courts; the testing of coordinated State/ innovative programs and practices and superhighway; implementation and local approaches to institutionalizing establish mentor courts to assist other evaluation of a Statewide automated long-range planning by the courts; and jurisdictions in reducing litigation costs integrated case docketing and record- technical assistance to courts keeping system; computer simulation and delay. • Develop and test rules and conducting futures and long-range models to assist State courts in procedures that will establish economic planning. evaluating potential strategies for and other incentives that reduce the cost SJI has also supported technical improving civil caseflow; and an and time required for the resolution of assistance and training to assist examination of the impact of the use of disputes. jurisdictions establish court-led multi- technology in the trial process. • Examine and test how the agency teams to address critical e. Court Planning, Management, techniques applied to pretrial caseflow community problems; executive Financing. The Institute is interested in management and trial management in management programs for teams of supporting projects that explore general jurisdiction court civil and judges and court administrators; a test emerging issues that will affect the State criminal cases can be used to reduce the of the feasibility of implementing the courts as they enter the 21st Century, as cost and time required in limited Trial Court Performance Standards in well as projects that develop and test jurisdiction high volume courts, general jurisdiction and family courts; innovative approaches for managing the domestic relations proceedings, cases Appellate Court Performance Standards courts, and securing, managing, and involving children, and post- and Measures; tests of the use of TQM demonstrating the effective use of the adjudication matters. approaches in trial and appellate court resources required to fully meet the iii. The preparation of ‘‘think pieces’’ and State court administrative offices; responsibilities of the judicial branch, exploring emerging issues that may revision of the Standards on Judicial and institutionalizing long-range result in significant changes in the court Administration; projects identifying the planning processes. In particular the process or judicial administration and causes of delay in trial and appellate Institute is interested in: their implications for judges, court courts; the preparation of a national i. Demonstration, evaluation, managers, policymakers, and the public. agenda for assuring prompt and education, research, and technical Grants supporting such projects are affordable justice and the development assistance projects to: limited to no more than $10,000. The of educational programs for reducing • Develop, implement, and assess resulting essay should be directed to the litigation cost and delay in civil, innovative case management techniques court community and be of publishable criminal, domestic relations, and for specialized calendars including but quality. juvenile courts; the testing of various not limited to drug courts, domestic Possible topics include, but are not types of weighted caseload systems; a violence courts, juvenile courts, and limited to: National Interbranch Conference on family courts; • the implications on court Funding the State Courts; and National • Facilitate communication, procedures, court operations, and Symposia on Court Management. information sharing, and coordination judicial selection of the changing f. Managed Care and the Courts. The between the juvenile and criminal expectations about the proper role of First National Conference on Managed courts; courts—from adjudicators to problem Care and the Criminal Justice System, • Assess the effects of innovative solvers; held June 28–30, 1998 in Albuquerque, management approaches designed to • the proper balance between highlighted what many judges and court assure quality services to court users; collaboration with the community and personnel need to know about the • Strengthen the judge’s and court judicial independence; implications of managed care for the manager’s skills in leadership, planning, • the implications of the increasing courts and for court-ordered substance and building community confidence in commerce via the Internet for the State abuse, mental health, and other services. the courts; courts—what special problems may Accordingly, the Institute is interested 55442 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices in supporting educational, research, and neglect, child abuse, domestic violence, effects when issuing protection, demonstration projects to: or other family cases); custody, visitation, or other orders; • Develop and test State, regional, • Develop a self-evaluation guide for • Develop and test guidelines, and local educational programs for ‘‘juvenile drug court’’ programs; curricula, and other materials to assist judges and court staff on the • Develop and test curricula on the judges in establishing and enforcing implications of managed care for the specific knowledge and skills needed to custody, and support orders in cases in provision of drug and alcohol treatment, manage drug court programs for adults, which a child’s parents were never mental health treatment, and other juveniles, or families. married to each other; • services to adult and juvenile offenders, • Develop and test effective Develop and test effective neglected and abused children and their approaches for identifying and treating approaches for the detention, families, and persons subject to civil substance abuse by judges, lawyers, and adjudication, and disposition of commitment. In addition to defining court staff, and determining and juveniles under age 13 who are accused managed care principles and of involvement in a violent offense; lessening the impact on the courts of • procedures, the curricula and materials such substance abuse. Develop and test procedures and (which could include modules for use at The Institute has supported the programs to include victims of offenses State judicial conferences and meetings presentation of the 1995 National committed by juveniles in the juvenile of State clerk and court managers Symposium on the Implementation and court process (other than victim- offender mediation programs); associations) should cover such matters Operation of Court-Enforced Drug • as: (i) strategies for ensuring that Treatment Programs as well as the 1991 Create and test educational contracts with managed care National Conference on Substance programs, guidelines, and monitoring organizations satisfactorily address Abuse and the Courts, and efforts to systems to assure that the juvenile court concerns such as protecting public implement the State and local plans justice system meets the needs of girls and children of color; safety, dealing appropriately with non- developed at these Conferences. • compliance by a person under court Develop and test innovative It has also supported projects to techniques for improving order, reporting, providing ancillary evaluate court-enforced treatment services, and (ii) assuring the continuity communication, sharing information, programs, and other court-based alcohol and coordinating juvenile and criminal and prompt provision of ordered and drug assessment programs; develop services; and methods for establishing courts and divisions; a self-evaluation guide for drug courts; • Design or evaluate information collaborative public sector managed test the applicability of drug courts in systems that not only provide aggregate care programs for court-ordered non-urban sites and develop guidance data, but are able to track individual services. for jurisdictions establishing juvenile cases, individual juveniles, and specific • Draft model managed care contract drug courts; involve community groups families, so that judges and court provisions and letters of agreement for and families in drug court programs; managers can manage their caseloads the provision of court-ordered treatment assess the impact of legislation and effectively, track placement and service and services to adults and juveniles. court decisions dealing with drug- • delivery, and coordinate orders in Develop and test performance affected infants; develop strategies for different proceedings involving measures to determine the quality and coping with increasing caseload members of the same family; and appropriateness of court-ordered pressures, and benchbooks and other • Develop and test educational treatment and services. educational materials on child abuse programs to assure that everyone • Document public sector and private and neglect cases involving parental coming into contact with courts serving sector managed care programs that substance abuse and appropriate children and families are treated with effectively provide court-ordered sentences for pregnant substance dignity, respect, and courtesy. treatment and other services to adults abusers; test the use of a dual diagnostic See also the topics listed in the and juveniles. treatment model for domestic violence Special Interest Category on Managed g. Substance Abuse. This category cases in which substance abuse was a Care and the Courts (section II.B.2.f.) includes education, technical factor; and present local and regional In previous funding cycles, the assistance, research, and evaluation educational programs for judges and Institute supported national and State projects to assist courts in handling a other court personnel on substance conferences on courts, children, and the large volume of substance abuse-related abuse and its treatment. In addition, SJI family; a review of juvenile courts in criminal, civil, juvenile, and domestic has supported an information system light of the upcoming 100th anniversary relations cases fairly and expeditiously. that permits courts, criminal justice of the founding of the first juvenile (It does not include providing support agencies, and drug treatment providers court; testing of alternative models for for planning, establishing, operating, or to share information electronically. achieving the goals of a family court enhancing a local drug court. h. Children and Families in Court. without altering court structure; the Applicants interested in obtaining This category includes education, authority of the juvenile court to enforce grants to plan, implement, operate, or demonstration, evaluation, technical treatment orders and the role of juvenile enhance a drug court program should assistance, and research projects to court judges; validation of a risk contact the Drug Court Program Office, identify and inform judges of assessment tool for juvenile offenders; Office of Justice Programs, U.S. innovative, effective approaches for and an assessment of the effectiveness Department of Justice.) handling cases involving children and of various intervention strategies for The Institute is particularly interested families. The Institute is particularly young violent offenders and for low-risk in projects to: interested in projects to: juvenile offenders. • Evaluate the effectiveness of • Develop and test innovative In addition, the Institute has ‘‘family drug court’’ programs (i.e. protocol, procedures, educational supported a symposium on the specialized calendars that provide programs, and other measures to resolution of interstate child welfare intensely supervised, court-enforced determine and address the service needs issues; and educational materials on the substance abuse treatment and other of children exposed to family violence questioning of child witnesses, services to families involved in child and the methods for mitigating those determining the best interest of a child Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55443 and making reasonable efforts to violence and gender-related crimes of use of expert testimony in criminal preserve families, adjudicating violence among courts, criminal justice cases involving domestic violence. allegations of child sexual abuse when agencies, and social services programs, The Institute also has funded testing custody is in dispute, child and to assure that courts are fully of procedures for coordinating multiple victimization, handling child abuse and accessible to victims of domestic cases involving a single family and for neglect cases when parental substance violence and other gender-related electronic filing of petitions for abuse is involved, and on children as violent crimes; protection orders; development of links the silent victims of spousal abuse. • Test the effectiveness of innovative among courts, criminal justice agencies, Other Institute grants have supported sentencing and treatment approaches in and service providers to share the development of computer-based cases involving domestic violence and information and assist victims of training on the Uniform Interstate other gender-related crimes including violence; and the production of Family Support Act, and the sentences that incorporate restorative videotapes and other educational examination of supervised visitation justice measures. programs for the parties in divorce programs, effective court responses Institute funds may not be used to actions and their children. when domestic violence and custody provide operational support to j. Improving Sentencing Practices. disputes coincide, and foster care programs offering direct services or This category includes education, review procedures. compensation to victims of crimes. demonstration, technical assistance, The Institute also has supported (Applicants interested in obtaining such evaluation, and research projects to projects to enhance coordination of operational support should contact the address and implement the findings and cases involving the same family that are Office for Victims of Crime (OVC), recommendations reached at the being heard in different courts; develop Office of Justice Programs, U.S. National Symposium on Sentencing: an MIS system to link the court with Department of Justice, or the agency in The Judicial Response to Crime. In executive branch and private juvenile their State that awards OVC funds to particular, the Institute is interested in justice agencies and services; assist State and local victim assistance and projects to: compensation programs.) States considering establishment of a • Identify and document effective In previous funding cycles, the family court; develop national and sentencing approaches for particular Institute supported national and State State-based training materials for types of offenders and offenses guardians ad litem as well as a set of conferences on family violence and the courts as well as projects to implement including juvenile offenders tried as performance measures; test the use of adults; differentiated case management in the action plans developed at these • conferences; preparation of descriptions Improve public understanding of juvenile court and methods for reducing sentencing options and approaches and the use of continuances; and develop of innovative court practices in family violence cases, including programs for their cost and effectiveness; innovative approaches for coordinating • Eliminate disparities in sentencing the appointment of guardians and battered mothers and their children; and development of recommendations on the basis of race, gender, ethnicity, Federal representative payees for national origin, and income; disabled persons. on how to improve access to rural courts • Assess effective and appropriate i. Improving the Courts’ Response to for victims of family violence, conduct approaches for sentencing mentally ill Domestic Violence. This category fatality reviews, and collect and report dispositional and other data concerning and mentally retarded offenders; and includes innovative education, • demonstration, technical assistance, family violence cases. Develop and test educational evaluation, and research projects to The Institute also supported a programs and materials for judges on improve the fair and effective national conference, national and evaluating expert testimony regarding processing, consideration, and regional symposia, and the development sex offenders; appropriate and effective disposition of cases concerning of guides on the implementation of the sentencing and treatment of sex domestic violence and gender-related full faith and credit requirements offenders; and assuring the safety of the violent crimes, including projects to: included in the Violence Against victim, the public, and the offender • Develop and test methods for Women Act; and the drafting of a when a community-based sentence is facilitating recognition and enforcement proposed uniform statute on the imposed. of protection orders issued by a State, recognition of protection orders from See also the paragraph on developing Federal, or Tribal court in another other jurisdictions. and testing the effectiveness of jurisdiction; In addition, Institute grants have sentences based on restorative justice • Determine the effective use of resulted in the development of curricula principles in section II.B.2.a. and the information contained in protection for judges on a range of topics regarding topics listed in the Special Interest order files stored in court electronic the handling of family violence, rape, category on Managed Care and the databases consistent with the protection and sexual assault cases; evaluations of Courts, section II.B.2.f. of the privacy and safety of victims of the effectiveness of specialized domestic In addition to the National violence; violence calendars, court-ordered Symposium on Sentencing, the Institute • Evaluate the effectiveness of treatment for family violence offenders, has supported development of a domestic violence courts (i.e., the use of alternatives to adjudication in handbook, educational materials, specialized calendars or divisions for child abuse cases, and procedures to symposia, and technical assistance on considering domestic violence cases and improve the effectiveness of civil the appropriate and effective use of related matters), including their impact protection orders for family violence intermediate sanctions; tests of the use on victims, offenders, and court victims; research on the use of of day-fines, community reparation operations; mediation in domestic relations cases boards, special court-ordered programs • Assess the effectiveness of involving allegations of violence, the for women offenders, and various fine including jurisdiction over family relevancy of culture in adjudicating and and restitution collection programs; and violence in a unified family court; disposing of family violence cases, and presentation of a regional conference on • Demonstrate effective ways to effective sentencing of sex offenders; implementation of sentencing coordinate the response to domestic and analyses of the issues related to the innovations. 55444 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

k. Improving Court Security. This damages should be awarded, calculating support projects submitted by State or category includes demonstration, the amount in which they should be local courts that address the needs of evaluation, technical assistance, awarded, and instructing jurors only the applicant State or local education, and research projects to regarding these issues. jurisdiction. A project under this section enhance the security of courthouses and • Exchange information and may address any of the topics included the people who use and work in them. coordinate calendars among State and in the Special Interest Categories or The Institute is particularly interested in Federal courts; and Statutory Program Areas. Ordinarily, the supporting innovative projects to: • Share facilities, jury pools, Institute will not provide support solely • Develop policies, protocols, and alternative dispute resolution programs, for the purchase of equipment or procedures designed to prevent information regarding persons on software. harassment, threats, and incidents pretrial release or probation, and court Concept papers for single jurisdiction endangering the lives and property of services. projects may be submitted by a State judges, court employees, jurors, In previous funding cycles, the court system, an appellate court, or a litigants, witnesses, and other members Institute has supported national and limited or general jurisdiction trial of the public in court facilities; regional conferences on State-Federal court. All awards under this category • Evaluate innovative applications of judicial relationships, a national are subject to the matching requirements technology to prevent courthouse conference on mass tort litigation, and set forth in section X.B.1. incidents that endanger the lives and the Chief Justices’ Special Committee on The Board is particularly interested in property of judges, court personnel, and Mass Tort Litigation. supporting projects to replicate courtroom participants; and In addition, the Institute has programs, procedures, or strategies that • Develop and test model training supported projects testing the use have been developed, demonstrated, or programs that will assist judges and common electronic filing process for the evaluated through an SJI grant. (A list of court personnel in protecting their State and Federal courts in New Mexico, examples of such grants is contained in safety and that of jurors, litigants, and other methods of State and Federal Appendix IV.) Replication grants are witnesses, and other members of the trial and appellate court cooperation; subject to the same limits on amount public in court facilities, and in developing judicial impact statement and duration as other project grants. managing cases involving individuals or procedures for national legislation (See section V.) organizations unwilling to cooperate affecting State courts; establishing b. Application Procedures. Concept with legal or administrative procedures. procedures for facilitating certification papers and applications requesting In previous funding cycles, the of questions of law; assessing the impact funds for projects under this section Institute has supported Statewide on the State courts of diversity cases must meet the requirements of sections strategic planning to enhance court and cases brought under section 1983, VI. (‘‘Concept Paper Submission security; a demonstration project to the procedures used in Federal habeas Requirements for New Projects’’) and organize sharing of court security staff corpus review of State court criminal VII. (‘‘Application Requirements’’), between counties; a court security cases, and the factors that motivate respectively, and must demonstrate that: clearinghouse; and an educational litigants to select Federal or State i. The proposed project is essential to program and benchbook on the common courts; and the mechanisms for meeting a critical need of the law court movement. transferring cases between Federal and jurisdiction; and l. The Relationship Between State and State courts, as well as the methods for ii. The need cannot be met solely with Federal Courts. This category includes effectively consolidating, deciding, and State and local resources within the education, research, demonstration, and managing complex litigation. foreseeable future. evaluation projects designed to facilitate The Institute has also supported a 2. Technical Assistance Grants appropriate and effective clearinghouse of information on State communication, cooperation, and constitutional law decisions; a. Description of the Program. The coordination between State and Federal educational programs for State judges Board will set aside up to $400,000 to courts. The Institute is particularly on coordination of Federal bankruptcy support the provision of technical interested in innovative projects that: cases with State litigation as well as assistance to State and local courts. The i. Develop and test curricula and research on the impact of bankruptcy exact amount to be awarded for these disseminate information regarding stays on State litigation; and the grants will depend on the number and effective methods being used at the trial assignment of specialized law clerks to quality of the applications submitted in court, State, and Circuit levels to trial courts hearing capital cases in this category and other categories of the coordinate cases and administrative order to improve the fairness and Guideline. The Committee will reserve activities, and share facilities; and efficiency of death penalty litigation at sufficient funds each quarter to assure ii. Develop and test new approaches the trial level. the availability of technical assistance to: grants throughout the year. The program • Implement the habeas corpus C. Single Jurisdiction Projects is designed to provide State and local provisions of the Anti-Terrorism Act of The Board will consider supporting a courts with sufficient support to obtain 1996; limited number of projects submitted by technical assistance to diagnose a • Handle capital habeas corpus cases State or local courts that address the problem, develop a response to that fairly and efficiently; needs of only the applicant State or problem, and initiate implementation of • Coordinate and process mass tort local jurisdiction. The Institute has any needed changes. cases fairly and efficiently at the trial established two categories of Single Technical Assistance grants are and appellate levels; Jurisdiction Projects: limited to no more than $30,000 each, • Coordinate cases in which there is and may cover the cost of obtaining the concurrent jurisdiction including State 1. Projects Addressing a Critical Need of services of expert consultants; travel by and Federal cases brought under the a Single State or Local Jurisdiction a team of officials from one court to Violence Against Women Act; Including ‘‘Replication Grants’’ examine a practice, program, or facility • Develop a guidebook for judges to a. Description of the Program. The in another jurisdiction that the assist in determining whether punitive Board will set aside up to $300,000 to applicant court is interested in Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55445 replicating; or both. Technical consultant? (Applicants are expected to documentation to support expenditures. assistance grant funds ordinarily may follow their jurisdiction’s normal (See section X.M.) not be used to support production of a procedures for procuring consultant v. Support for the Project from the videotape. Normally, the technical services.) What is the time frame for State Supreme Court or its Designated assistance must be completed within 12 completion of the technical assistance? Agency or Council. Written concurrence months after the start-date of the grant. How would the court oversee the project on the need for the technical assistance b. Eligibility for Technical Assistance and provide guidance to the consultant, must be submitted. This concurrence Grants. Only a State or local court may and who at the court would be may be a copy of SJI Form B (see apply for a Technical Assistance grant. responsible for coordinating all project Appendix VI) signed by the Chief As with other awards to State or local tasks and submitting quarterly progress Justice of the State Supreme Court or the courts, cash or in-kind match must be and financial status reports? Chief Justice’s designee, or a letter from provided equal to at least 50% of the If the consultant has been identified, the State Chief Justice or designee. The grant amount. the applicant should provide a letter concurrence may be submitted with the c. Review Criteria. Technical from that individual or organization applicant’s letter or under separate Assistance grants will be awarded on documenting interest in and availability cover prior to consideration of the the basis of criteria including: whether for the project, as well as the application. The concurrence also must the assistance would address a critical consultant’s ability to complete the specify whether the State Supreme need of the court; the soundness of the assignment within the proposed time Court would receive, administer, and technical assistance approach to the period and for the proposed cost. The account for the grant funds, if awarded, problem; the qualifications of the consultant must agree to submit a or would designate the local court or a consultant(s) to be hired, or the specific detailed written report to the court and specified agency or council to receive criteria that will be used to select the the Institute upon completion of the the funds directly. consultant(s); commitment on the part technical assistance. Letters of application may be submitted at any time; however, all of of the court to act on the consultant’s iii. Likelihood of Implementation. recommendations; and the the letters received during a calendar What steps have been/will be taken to reasonableness of the proposed budget. quarter will be considered at one time. facilitate implementation of the The Institute also will consider factors Applicants submitting letters between consultant’s recommendations upon such as the level and nature of the June 12 and September 30, 1998 will be completion of the technical assistance? match that would be provided, diversity notified of the Board’s decision by For example, if the support or of subject matter, geographic diversity, December 11, 1998; those submitting cooperation of specific court officials or the level of appropriations available to letters between October 1, 1998 and committees, other agencies, funding the Institute in the current year, and the January 15, 1999 will be notified by bodies, organizations, or a court other amount expected to be available in March 31, 1999; notification of the than the applicant will be needed to succeeding fiscal years. Board’s decisions concerning letters d. Application Procedures. In lieu of adopt the changes recommended by the mailed between January 16 and March formal applications, applicants for consultant and approved by the court, 12, 1999, will be made by May 28, 1999; Technical Assistance grants may how will they be involved in the review notice of decisions regarding letters submit, at any time, an original and of the recommendations and submitted between March 13 and June three copies of a detailed letter development of the implementation 11, 1999 will be made by August 31, describing the proposed project and plan? 1999. Subject to the availability of addressing the issues listed below. iv. Budget and Matching State sufficient appropriations for fiscal year Letters from an individual trial or Contribution. A completed Form E, 2000, applicants submitting letters appellate court must be signed by the ‘‘Preliminary Budget’’ (see Appendix V) between June 12 and September 30, presiding judge or manager of that court. and budget narrative must be included 1999, will be notified by December 17, Letters from the State court system must with the applicant’s letter requesting 1999. be signed by the Chief Justice or State technical assistance. The estimated cost If the support or cooperation of Court Administrator. of the technical assistance services agencies, funding bodies, organizations, Although there is no prescribed form should be broken down into the or courts other than the applicant would for the letter nor a minimum or categories listed on the budget form be needed in order for the consultant to maximum page limit, letters of rather than aggregated under the perform the required tasks, written application should include the Consultant/Contractual category. assurances of such support or following information to assure that The budget narrative should provide cooperation should accompany the each of the criteria is addressed: the basis for all project-related costs, application letter. Support letters also i. Need for Funding. What is the including the basis for determining the may be submitted under separate cover; critical need facing the court? How will estimated consultant costs, if however, to ensure that there is the proposed technical assistance help compensation of the consultant is sufficient time to bring them to the the court meet this critical need? Why required (e.g., number of days per task attention of the Board’s Technical cannot State or local resources fully times the requested daily consultant Assistance Committee, letters sent support the costs of the required rate). Applicants should be aware that under separate cover must be received consultant services? consultant rates above $300 per day not less than three weeks prior to the ii. Project Description. What tasks must be approved in advance by the Board meeting at which the technical would the consultant be expected to Institute, and that no consultant will be assistance requests will be considered perform and how would they be paid at a rate in excess of $900 per day. (i.e., by October 30, 1998, and February accomplished? Which organization or In addition, the budget should provide 11, April 9, and July 16, 1999). individual would be hired to provide for submission of two copies of the vi. Grantee Responsibilities. Technical the assistance and how was this consultant’s final report to the Institute. Assistance grant recipients are subject to consultant selected? If a consultant has Recipients of technical assistance the same quarterly reporting not yet been identified, what procedures grants do not have to submit an audit, requirements as other Institute grantees. and criteria would be used to select the but must maintain appropriate At the conclusion of the grant period, a 55446 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Technical Assistance grant recipient match may be incurred from the date of Congress to award grants, cooperative must complete a Technical Assistance the Board of Directors’ approval of an agreements, and contracts to State and Evaluation Form. The grantee also must award. Match does not include project- local courts and their agencies (42 submit to the Institute one copy of a related income such as tuition or U.S.C. 10705(b)(1)(A)); national final report that explains how it intends revenue from the sale of grant products, nonprofit organizations controlled by, to act on the consultant’s or the time of participants attending an operating in conjunction with, and recommendations, as well as a copy of education program. Amounts serving the judicial branches of State the consultant’s written report. contributed as cash or in-kind match governments (42 U.S.C. 10705 (b)(1)(B)); may not be recovered through the sale III. Definitions and national nonprofit organizations for of grant products during or following the education and training of judges and The following definitions apply for the grant period. support personnel of the judicial branch the purposes of this Guideline: G. Continuation Grant of State governments (42 U.S.C. A. Institute 10705(b)(1)(C)). A grant of no more than 24 months to The State Justice Institute. permit completion of activities initiated An applicant will be considered a under an existing Institute grant or national education and training B. State Supreme Court enhancement of the products or services applicant under section 10705(b)(1)(C) The highest appellate court in a State, produced during the prior grant period. if: (1) the principal purpose or activity or, for the purposes of the Institute of the applicant is to provide education program, a constitutionally or H. On-going Support Grant and training to State and local judges legislatively established judicial council A grant of up to 36 months to support and court personnel; and (2) the that acts in place of that court. In States a project that is national in scope and applicant demonstrates a record of having more than one court with final that provides the State courts with substantial experience in the field of appellate authority, State Supreme services, programs or products for judicial education and training. Court shall mean that court which also which there is a continuing important The Institute also is authorized to has administrative responsibility for the need. make awards to other nonprofit State’s judicial system. State Supreme I. Human Subjects organizations with expertise in judicial Court also includes the office of the administration, institutions of higher court or council, if any, it designates to Individuals who are participants in an education, individuals, partnerships, perform the functions described in this experimental procedure or who are firms, corporations, and private agencies Guideline. asked to provide information about with expertise in judicial themselves, their attitudes, feelings, C. Designated Agency or Council administration, provided that the opinions and/or experiences through an objectives of the relevant program The office or judicial body which is interview, questionnaire, or other data area(s) can be served better. In making authorized under State law or by collection technique. this judgment, the Institute will delegation from the State Supreme J. Curriculum consider the likely replicability of the Court to approve applications for funds projects’ methodology and results in and to receive, administer, and be The materials needed to replicate an other jurisdictions. For-profit education or training program accountable for those funds. organizations are also eligible for grants developed with grant funds including, D. Grantee and cooperative agreements; however, but not limited to: the learning they must waive their fees. The organization, entity, or individual objectives; the presentation methods; a to which an award of Institute funds is sample agenda or schedule; an outline The Institute may also make awards to made. For a grant based on an of presentations and other instructors’ Federal, State or local agencies and application from a State or local court, notes; copies of overhead transparencies institutions other than courts for grantee refers to the State Supreme or other visual aids; exercises, case services that cannot be adequately Court or its designee. studies, hypotheticals, quizzes and provided through nongovernmental other materials for involving the arrangements. E. Subgrantee participants; background materials for In addition, the Institute may enter A State or local court which receives participants; evaluation forms; and into inter-agency agreements with other Institute funds through the State suggestions for replicating the program public or private funders to support Supreme Court. including possible faculty or the projects consistent with the purpose of F. Match preferred qualifications or experience of the State Justice Institute Act. those selected as faculty. The portion of project costs not borne Each application for funding from a by the Institute. Match includes both in- K. Products State or local court must be approved, kind and cash contributions. Cash Tangible materials resulting from consistent with State law, by the State’s match is the direct outlay of funds by funded projects including, but not Supreme Court or its designated agency the grantee to support the project. In- limited to: curricula; monographs; or council. The latter shall receive all kind match consists of contributions of reports; books; articles; manuals; Institute funds awarded to such courts time, services, space, supplies, etc., handbooks; benchbooks; guidelines; and be responsible for assuring proper made to the project by the grantee or videotapes; audiotapes; computer administration of Institute funds, in others (e.g., advisory board members) software; and CD–ROM disks. accordance with section XI.B.2. of this working directly on the project. Under Guideline. A list of persons to contact normal circumstances, allowable match IV. Eligibility for Award in each State regarding approval of may be incurred only during the project In awarding funds to accomplish applications from State and local courts period. When appropriate, and with the these objectives and purposes, the and administration of Institute grants to prior written permission of the Institute, Institute has been authorized by those courts is contained in Appendix I. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55447

V. Types of Projects and Grants; Size of 3. Applications for technical approve a grant of less than $40,000 Awards assistance grants may request funding in based on the concept paper, should add amounts up to $30,000. APPLICATION WAIVER REQUESTED A. Types of Projects 4. Applications for curriculum to the information on the cover page. Except as expressly provided in adaptation grants may request funding section II.B.2.b. and II.C. above, the in amounts up to $20,000. 2. The Program Narrative Institute has placed no limitation on the 5. Applications for scholarships may The program narrative of a concept overall number of awards or the number request funding in amounts up to paper should be no longer than of awards in each special interest $1,500. necessary, but must not exceed eight (8) category. The general types of projects 1 D. Length of Grant Periods double-spaced pages on 8 ⁄2 by 11 inch are: paper. Margins must be at least 1 inch 1. Grant periods for all new and 1. Education and training; and type size must be at least 12 point 2. Research and evaluation; continuation projects ordinarily will not exceed 15 months. and 12 cpi. The pages should be 3. Demonstration; and numbered. The narrative should 4. Technical assistance. 2. Grant periods for on-going support grants ordinarily will not exceed 36 describe: B. Types of Grants months. a. Why is this project needed and how The Institute has established the 3. Grant periods for technical will it benefit State courts? If the project following types of grants: assistance grants and curriculum is to be conducted in a specific 1. Project grants (See sections II.B., adaptation grants ordinarily will not location(s), applicants should discuss and C.1., VI., and VII.); exceed 12 months. the particular needs of the project site(s) to be addressed by the project, why 2. Continuation grants (See sections VI. Concept Paper Submission those needs are not being met through III.H. and IX.A); Requirements for New Projects 3. On-going Support grants (See the use of existing materials, programs, sections III.I. and IX.B.); Concept papers are an extremely procedures, services, or other resources, 4. Technical Assistance grants (See important part of the application and the benefits that would be realized section II.C.2); process because they enable the by the proposed site(s). Institute to learn the program areas of 5. Curriculum Adaptation grants (See If the project is not site-specific, primary interest to the courts and to section II.B.2.b.ii.); and applicants should discuss the problems explore innovative ideas, without 6. Scholarships (See section that the proposed project will address, imposing heavy burdens on prospective II.B.2.b.iii). why existing materials, programs, applicants. The use of concept papers procedures, services, or other resources C. Maximum Size of Awards also permits the Institute to better do not adequately resolve those project the nature and amount of grant 1. Except as specified below, problems, and the benefits that would awards. The concept paper requirement applications for new project grants and be realized from the project by State and the submission deadlines for applications for continuation grants may courts generally. request funding in amounts up to concept papers and applications may be b. What will be done if a grant is $200,000, although new and waived by the Executive Director for awarded? Applicants should include a continuation awards in excess of good cause (e.g., the proposed project summary description of the project to be $150,000 are likely to be rare and to be could provide a significant benefit to the conducted and the approach to be taken, made, if at all, only for highly promising State courts or the opportunity to including the anticipated length of the proposals that will have a significant conduct the project did not arise until grant period. Applicants requesting a impact nationally. after the deadline). waiver of the application requirement 2. Applications for on-going support A. Format and Content grants may request funding in amounts for a grant of less than $40,000 should up to $600,000 over three years, All concept papers must include a explain the proposed methods for although awards in excess of $450,000 cover sheet, a program narrative, and a conducting the project as fully as space are likely to be rare. At the discretion of preliminary budget. allows, and include a detailed task schedule as an attachment to the the Board, the funds for on-going 1. The Cover Sheet support grants may be awarded either concept paper. The cover sheet for all concept papers entirely from the Institute’s c. How will the effects and quality of must contain: the project be determined? Applicants appropriations for the fiscal year of the a. A title that clearly describes the award or from the Institute’s should include a summary description proposed project; of how the project will be evaluated, appropriations for successive fiscal b. The name and address of the court, including the evaluation criteria. years beginning with the fiscal year of organization, or individual submitting the award. When funds to support the the paper; d. How will others find out about the full amount of an on-going support grant c. The name, title, address (if different project and be able to use the results? are not awarded from the appropriations from that in b.), and telephone number Applicants should describe the products for the fiscal year of award, funds to of a contact person who can provide that will result, the degree to which they support any subsequent years of the further information about the paper; will be applicable to courts across the grant will be made available upon (1) d. The letter of the Special Interest nation, and to whom the products and the satisfactory performance of the Category (see section II.B.2.) or the results of the project will be project as reflected in the Quarterly number of the statutory Program Area disseminated in addition to the SJI- Progress Reports required to be filed and (see section II.A.) that the proposed designated libraries (e.g., State chief grant monitoring; (2) the availability of project addresses most directly; and justices, specified groups of trial judges, appropriations for that fiscal year; and e. The estimated length of the State court administrators, specified (3) a determination that the project proposed project. groups of trial court administrators, continues to fall within the Institute’s Applicants requesting the Board to State judicial educators, or other priorities. waive the application requirement and audiences). 55448 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

3. The Budget 6. Sample Concept Papers Director, propose projects that lie Sample concept papers from previous outside the scope of the Institute’s a. Preliminary Budget. A preliminary funding program or are not likely to budget must be attached to the narrative funding cycles are available from the Institute upon request. merit serious consideration by the that includes the information specified Board. The narrative summaries, rating on Form E included in Appendix VI of B. Selection Criteria sheets, and list of non-reviewed papers this Guideline. Applicants should be will be presented to the Board for its aware that prior written Institute 1. All concept papers will be evaluated on the basis of the following review. Committees of the Board will approval is required for any consultant review concept paper summaries within rate in excess of $300 per day, and that criteria: a. The demonstration of need for the assigned program areas and prepare Institute funds may not be used to pay recommendations for the full Board. a consultant in excess of $900 per day. project; b. The soundness and innovativeness The full Board of Directors will then b. Concept Papers Requesting of the approach described; decide which concept paper applicants Accelerated Award of a Grant of Less c. The benefits to be derived from the should be invited to submit formal than $40,000. Applicants requesting a project; applications for funding. The decision waiver of the application requirement to invite an application is solely that of d. The reasonableness of the proposed and approval of a grant based on a the Board of Directors. budget; concept paper under section VI.C., must The Board may waive the application e. The proposed project’s relationship attach to Form E (see Appendix VI) a requirement and approve a grant based to one of the ‘‘Special Interest’’ budget narrative that explains the basis on a concept paper for a project categories set forth in section II.B; and for each of the items listed, and requiring less than $40,000, when the f. The degree to which the findings, indicates whether the costs would be need for and benefits of the project are procedures, training, technology, or paid from grant funds, through a clear, and the methodology and budget other results of the project can be matching contribution, or from other require little additional explanation. transferred to other jurisdictions. sources. Courts requesting an Applicants considering whether to ‘‘Single jurisdiction’’ concept papers accelerated award must also attach a request consideration for an accelerated submitted pursuant to section II.C. will Certificate of State Approval (Form B) award should make certain that the be rated on the proposed project’s signed by the Chief Justice of the State proposed budget is sufficient to relation to one of the ‘‘Special Interest’’ Supreme Court or the Chief Justice’s accomplish the project objectives in a categories set forth in section II.B., and designee. quality manner. Because the Institute’s on the special requirements listed in experience has been that projects to 4. Letters of Cooperation or Support section II.C.1. conduct empirical research or a program 2. In determining which concept evaluation ordinarily require a more The Institute encourages concept papers will be approved for award or paper applicants to attach letters of thorough explanation of the selected for development into full methodology to be used than can be cooperation and support from the courts applications, the Institute will also and related agencies that will be provided within the space limitations of consider the availability of financial a concept paper, the Board is unlikely involved in or directly affected by the assistance from other sources for the proposed project. Letters of support also to waive the application requirement for project; the amount and nature (cash or such projects. may be sent under separate cover. in-kind) of the applicant’s anticipated However, in order to ensure that there match; whether the applicant is a State D. Submission Requirements is sufficient time to bring them to the court, a national court support or Except as noted below, an original Board’s attention, support letters sent education organization, a non-court unit and three copies of all concept papers under separate cover must be received of government, or another type of entity submitted for consideration in Fiscal no later than January 6, 1999. eligible to receive grants under the Year 1999 must be sent by first class or 5. Page Limits Institute’s enabling legislation (see 42 overnight mail or by courier (but not by U.S.C. 10705(b), as amended and fax or e-mail) no later than November a. The Institute will not accept section IV above); the extent to which 24, 1998. concept papers with program narratives the proposed project would also benefit A postmark or courier receipt will exceeding the limits set in sections the Federal courts or help the State constitute evidence of the submission VI.A.2. The page limit does not include courts enforce Federal constitutional date. All envelopes containing concept the cover page, budget form, the budget and legislative requirements, and the papers should be marked CONCEPT narrative if required under section level of appropriations available to the PAPER and should be sent to: State VI.A.3.b., the task schedule if required Institute in the current year and the Justice Institute, 1650 King Street, Suite under section VI.A.2.b., and any letters amount expected to be available in 600, Alexandria, Virginia 22314. of cooperation or endorsements. succeeding fiscal years. The Institute will send written notice Additional material should not be to all persons submitting concept attached unless it is essential to impart C. Review Process papers, informing them of the Board’s a clear understanding of the project. Concept papers will be reviewed decisions regarding their papers and of b. Applicants submitting more than competitively by the Board of Directors. the key issues and questions that arose one concept paper may include material Institute staff will prepare a narrative during the review process. A decision that would be identical in each concept summary and a rating sheet assigning by the Board not to invite an application paper in a cover letter, and incorporate points for each relevant selection may not be appealed, but applicants that material by reference in each paper. criterion for those concept papers which may resubmit of the concept paper or a The incorporated material will be fall within the scope of the Institute’s revision thereof in a subsequent round counted against the eight-page limit for funding program and merit serious of funding. The Institute will also notify each paper. A copy of the cover letter consideration by the Board. Staff will the designated State contact listed in should be attached to each copy of each also prepare a list of those papers that, Appendix I when the Board invites concept paper. in the judgment of the Executive applications that are based on concept Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55449 papers which are submitted by courts each year or portion of a year for which certain procedure affects the court and within their State or which specify a grant support is requested, as well as for litigants) rather than on operational participating site within their State. the total length of the project. objectives (e.g., provide training for 32 Receipt of each concept paper will be In addition to FORM C or C1, judges and court managers, or review acknowledged in writing. Extensions of applicants must provide a detailed data from 300 cases). the deadline for submission of concept budget narrative providing an 2. Program Areas To Be Covered papers will not be granted. explanation of the basis for the VII. Application Requirements for New estimates in each budget category. (See The applicant should list the Special Projects section VII.D.) Interest Category or Categories that are If funds from other sources are addressed by the proposed project (see An application for Institute funding required to conduct the project, either as section II.B.). If the proposed project support must include an application match or to support other aspects of the does not fall within one of the Institute’s form; budget forms (with appropriate project, the source, current status of the Special Interest Categories, the documentation); a project abstract and request, and anticipated decision date applicant should list the Statutory program narrative; a disclosure of must be provided. Program Area or Areas that are lobbying form, when applicable; and 4. Assurances (FORM D) addressed by the proposed project. (See certain certifications and assurances. section II.A.) The required application forms will be This form lists the statutory, sent to applicants invited to submit a regulatory, and policy requirements and 3. Need for the Project full application. Applicants may conditions with which recipients of If the project is to be conducted in a photocopy the forms to make Institute funds must comply. specific location(s), the applicant completion easier. 5. Disclosure of Lobbying Activities should discuss the particular needs of A. Forms the project site(s) to be addressed by the This form requires applicants other project and why those needs are not 1. Application Form (FORM A) than units of State or local government being met through the use of existing The application form requests basic to disclose whether they, or another materials, programs, procedures, information regarding the proposed entity that is part of the same services, or other resources. organization as the applicant, have project, the applicant, and the total If the project is not site-specific, the advocated a position before Congress on amount of funding support requested applicant should discuss the problems any issue, and to identify the specific from the Institute. It also requires the that the proposed project would subjects of their lobbying efforts. (See signature of an individual authorized to address, and why existing materials, section X.D.) certify on behalf of the applicant that programs, procedures, services, or other the information contained in the B. Project Abstract resources do not adequately resolve application is true and complete, that The abstract should highlight the those problems. The discussion should submission of the application has been include specific references to the authorized by the applicant, and that if purposes, goals, methods and anticipated benefits of the proposed relevant literature and to the experience funding for the proposed project is in the field. approved, the applicant will comply project. It should not exceed 1 single- with the requirements and conditions of spaced page on 81⁄2 by 11 inch paper. 4. Tasks, Methods and Evaluation the award, including the assurances set C. Program Narrative a. Tasks and Methods. The applicant forth in Form D. The program narrative for an should delineate the tasks to be 2. Certificate of State Approval application should not exceed 25 performed in achieving the project (FORM B) double-spaced pages on 81⁄2 by 11 inch objectives and the methods to be used An application from a State or local paper. Margins must be at least 1 inch, for accomplishing each task. For court must include a copy of FORM B and type size must be at least 12-point example: signed by the State’s Chief Justice or and 12 cpi. The pages should be i. For research and evaluation Chief Judge, the director of the numbered. This page limit does not projects, the applicant should include designated agency, or the head of the include the forms, the abstract, the the data sources, data collection designated council. The signature budget narrative, and any appendices strategies, variables to be examined, and denotes that the proposed project has containing resumes and letters of analytic procedures to be used for been approved by the State’s highest cooperation or endorsement. Additional conducting the research or evaluation court or the agency or council it has background material should be attached and ensuring the validity and general designated. It denotes further that if only if it is essential to impart a clear applicability of the results. For projects funding for the project is approved by understanding of the proposed project. involving human subjects, the the Institute, the court or the specified Numerous and lengthy appendices are discussion of methods should address designee will receive, administer, and strongly discouraged. the procedures for obtaining be accountable for the awarded funds. The program narrative should address respondents’ informed consent, the following topics: ensuring the respondents’ privacy and 3. Budget Forms (FORM C or C1) freedom from risk or harm, and the Applicants may submit the proposed 1. Project Objectives protection of others who are not the project budget either in the tabular The applicant should include a clear, subjects of research but would be format of FORM C or in the spreadsheet concise statement of what the proposed affected by the research. If the potential format of FORM C1. Applicants project is intended to accomplish. In exists for risk or harm to the human requesting $100,000 or more are stating the objectives of the project, subjects, a discussion should be strongly encouraged to use the applicants should focus on the overall included that explains the value of the spreadsheet format. If the proposed programmatic objective (e.g., to enhance proposed research and the methods to project period is for more than a year, understanding and skills regarding a be used to minimize or eliminate such a separate form should be submitted for specific subject, or to determine how a risk. 55450 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

ii. For education and training projects, The evaluation plan should be respondents’ informed consent, the applicant should include the adult appropriate to the type of project ensuring the respondents’ privacy and education techniques to be used in proposed. For example: freedom from risk or harm, and the designing and presenting the program, i. Research. An evaluation approach protection of others who are not the including the teaching/learning suited to many research projects is a subjects of evaluation but would be objectives of the educational design, the review by an advisory panel of the affected by it. Other than the provision teaching methods to be used, and the research methodology, data collection of confidentiality to respondents, opportunities for structured interaction instruments, preliminary analyses, and human subject protection issues among the participants; how faculty will products as they are drafted. The panel ordinarily are not applicable to be recruited, selected, and trained; the should be comprised of independent participants evaluating an education proposed number and length of the researchers and practitioners program. representing the perspectives affected conferences, courses, seminars, or 5. Project Management workshops to be conducted and the by the proposed project. estimated number of persons who will ii. Education and Training. The most The applicant should present a detailed management plan including the attend them; the materials to be valuable approaches to evaluating starting and completion date for each provided and how they will be educational or training programs will serve to reinforce the participants’ task; the time commitments to the developed; and the cost to participants. learning experience while providing project of key staff and their iii. For demonstration projects, the useful feedback on the impact of the responsibilities regarding each project applicant should include the program and possible areas for task; and the procedures that will be demonstration sites and the reasons improvement. One appropriate used to ensure that all tasks are they were selected, or if the sites have evaluation approach is to assess the performed on time, within budget, and not been chosen, how they will be acquisition of new knowledge, skills, at the highest level of quality. In identified and their cooperation attitudes or understanding through preparing the project time line, Gantt obtained; and how the program or participant feedback on the seminar or Chart, or schedule, applicants should procedures will be implemented and training event. Such feedback might make certain that all project activities, monitored. include a self-assessment on what was including publication or reproduction of iv. For technical assistance projects, learned along with the participant’s project products and their initial the applicant should explain the types response to the quality and effectiveness dissemination will occur within the of assistance that will be provided; the of faculty presentations, the format of proposed project period. The particular issues and problems for sessions, the value or usefulness of the management plan must also provide for which assistance will be provided; how material presented, and other relevant the submission of Quarterly Progress requests will be obtained and the type factors. Another appropriate approach and Financial Reports within 30 days of assistance determined; how suitable would be to use an independent after the close of each calendar quarter providers will be selected and briefed; observer who might request both verbal (i.e., no later than January 30, April 30, how reports will be reviewed; and the and written responses from participants July 30, and October 30). cost to recipients. in the program. When an education Applicants should be aware that the project involves the development of Institute is unlikely to approve more b. Evaluation. Every project design curricular materials, an advisory panel than one limited extension of the grant must include an evaluation plan to of relevant experts can be coupled with period. Therefore, the management plan determine whether the project met its a test of the curriculum to obtain the should be as realistic as possible and objectives. The evaluation should be reactions of participants and faculty as fully reflect the time commitments of the designed to provide an objective and indicated above. proposed project staff and consultants. independent assessment of the iii. Demonstration. The evaluation effectiveness or usefulness of the plan for a demonstration project should 6. Products training or services provided; the impact encompass an assessment of program The application should contain a of the procedures, technology, or effectiveness (e.g., How well did it description of the products to be services tested; or the validity and work?); user satisfaction, if appropriate; developed by the project (e.g., training applicability of the research conducted. the cost-effectiveness of the program; a curricula and materials, videotapes, In addition, where appropriate, the process analysis of the program (e.g., articles, manuals, or handbooks), evaluation process should be designed Was the program implemented as including when they will be submitted to provide on-going or periodic feedback designed? Did it provide the services to the Institute. on the effectiveness or utility of intended to the targeted population?); a. Dissemination Plan. The particular programs, educational the impact of the program (e.g., What application must explain how and to offerings, or achievements which can effect did the program have on the whom the products will be then be further refined as a result of the court? What benefits resulted from the disseminated; describe how they will evaluation process. The plan should program?); and the replicability of the benefit the State courts, including how present the qualifications of the program or components of the program. they can be used by judges and court evaluator(s); describe the criteria, iv. Technical Assistance. For personnel; identify development, related to the project’s programmatic technical assistance projects, applicants production, and dissemination costs objectives, that will be used to evaluate should explain how the quality, covered by the project budget; and the project’s effectiveness; explain how timeliness, and impact of the assistance present the basis on which products and the evaluation will be conducted, provided will be determined, and services developed or provided under including the specific data collection should develop a mechanism for the grant will be offered to the courts and analysis techniques to be used; feedback from both the users and community and the public at large (i.e., discuss why this approach is providers of the technical assistance. whether products will be distributed at appropriate; and present a schedule for v. Evaluation plans involving human no cost to recipients, or if costs are completion of the evaluation within the subjects should include a discussion of involved, the reason for charging proposed project period. the procedures for obtaining recipients and the estimated price of the Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55451 product). (See section X.V.) Ordinarily, obligated for publication or Unless requested otherwise, an applicants should schedule all product reproduction of a final grant product applicant that has received a grant from preparation and distribution activities without the written approval of the the Institute within the past two years within the project period. Institute. should describe only the changes in its A copy of each product must be sent d. Acknowledgment, Disclaimer, and organizational capacity, tax status, or to the library established in each State Logo. Applicants must also provide for financial capability that may affect its to collect the materials developed with including in all project products a capacity to administer a grant. Institute support. (A list of these prominent acknowledgment that If the applicant is a non-profit libraries is contained in Appendix II.) support was received from the Institute organization (other than a university), it To facilitate their use, all videotaped and a disclaimer paragraph based on the must also provide documentation of its products should be distributed in VHS example provided in section X.Q. of the 501(c) tax exempt status as determined format. Guideline. The ‘‘SJI’’ logo must appear by the Internal Revenue Service and a Twenty copies of all project products on the front cover of a written product, copy of a current certified audit report. must be submitted to the Institute. A or in the opening frames of a video For purposes of this requirement, master copy of each videotape, in product, unless the Institute approves ‘‘current’’ means no earlier than two addition to 20 copies of each videotape another placement. years prior to the current calendar year. product, must also be provided to the If a current audit report is not Institute. 7. Applicant Status available, the Institute will require the b. Types of Products, Abstracts, and An applicant that is not a State or organization to complete a financial Press Releases. The type of product to capability questionnaire which must be be prepared depends on the nature of local court and has not received a grant from the Institute within the past two signed by a Certified Public Accountant. the project. For example, in most Other applicants may be required to instances, the products of a research, years should state whether it is either a national non-profit organization provide a current audit report, a evaluation, or demonstration project financial capability questionnaire, or should include an article summarizing controlled by, operating in conjunction with, and serving the judicial branches both, if specifically requested to do so the project findings that is publishable by the Institute. in a journal serving the courts of State governments; or a national non- community nationally, an executive profit organization for the education and 10. Statement of Lobbying Activities training of State court judges and summary that will be disseminated to Non-governmental applicants must support personnel. See section IV. If the the project’s primary audience, or both. submit the Institute’s Disclosure of applicant is a nonjudicial unit of Applicants proposing to conduct Lobbying Activities Form that requires Federal, State, or local government, it empirical research or evaluation them to state whether they, or another must explain whether the proposed projects with national import should entity that is a part of the same services could be adequately provided describe how they will make their data organization as the applicant, have by non-governmental entities. available for secondary analysis after the advocated a position before Congress on grant period. (See section X.W.) 8. Staff Capability any issue, and identifies the specific The curricula and other products subjects of their lobbying efforts. developed by education and training The applicant should include a projects should be designed for use summary of the training and experience 11. Letters of Cooperation or Support outside the classroom so that they may of the key staff members and If the cooperation of courts, be used again by original participants consultants that qualify them for organizations, agencies, or individuals and others in the course of their duties. conducting and managing the proposed other than the applicant is required to However, all grantees must submit a project. Resumes of identified staff conduct the project, the applicant diskette containing a one-page abstract should be attached to the application. If should attach written assurances of summarizing the products resulting one or more key staff members and cooperation and availability to the from a project in Word or ASCII for consultants are not known at the time of application, or send them under posting on the Institute’s website. In the application, a description of the separate cover. In order to ensure that addition, recipients of project grants criteria that will be used to select there is sufficient time to bring them to must prepare a press release describing persons for these positions should be the Board’s attention, letters of support the project and announcing the results included. The applicant also should sent under separate cover must be and distribute the release to a list of identify the person who would be received no more than 30 days after the national and State judicial branch responsible for the financial deadline for mailing the application. organizations. Both the format for the management and financial reporting for abstract and a list of press release the proposed project. D. Budget Narrative recipients will be provided to grantees 9. Organizational Capacity The budget narrative should provide at least 30 days before the end of the the basis for the computation of all grant period. Applicants that have not received a project-related costs. When the c. Institute Review. Applicants must grant from the Institute within the past proposed project would be partially provide for submitting a final draft of all two years should include a statement supported by grants from other funding written grant products to the Institute describing the capacity of the applicant sources, applicants should make clear for review and approval at least 30 days to administer grant funds including the what costs would be covered by those before the products are submitted for financial systems used to monitor other grants. Additional background or publication or reproduction. For project expenditures (and income, if schedules may be attached if they are products in a videotape or CD–ROM any), and a summary of the applicant’s essential to obtaining a clear format, applicants must provide for past experience in administering grants, understanding of the proposed budget. incremental Institute review of the as well as any resources or capabilities Numerous and lengthy appendices are product at the treatment, script, rough- that the applicant has that will strongly discouraged. cut, and final stages of development, or particularly assist in the successful The budget narrative should cover the their equivalents. No grant funds may be completion of the project. costs of all components of the project 55452 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices and clearly identify costs attributable to travel policy, then travel rates must be estimates should be included in the the project evaluation. Under OMB consistent with those established by the justification material. grant guidelines incorporated by Institute or the Federal Government. (A 10. Printing/Photocopying reference in this Guideline, grant funds copy of the Institute’s travel policy is may not be used to purchase alcoholic available upon request.) The budget Anticipated costs for printing or beverages. narrative should include an explanation photocopying should be included in the of the rate used, including the budget narrative. Applicants should 1. Justification of Personnel components of the per diem rate and the provide the details underlying these Compensation basis for the estimated transportation estimates in support of the request. The applicant should set forth the expenses. The purpose of the travel 11. Indirect Costs percentages of time to be devoted by the should also be included in the narrative. individuals who will serve as the staff Applicants should describe the 5. Equipment of the proposed project, the annual indirect cost rates applicable to the salary of each of those persons, and the Grant funds may be used to purchase grant in detail. If costs often included number of work days per year used for only the equipment that is necessary to within an indirect cost rate are charged calculating the percentages of time or demonstrate a new technological directly (e.g., a percentage of the time of daily rate of those individuals. The application in a court, or that is senior managers to supervise product applicant should explain any deviations otherwise essential to accomplishing the activities), the applicant should specify from current rates or established written objectives of the project. Equipment that these costs are not included within organization policies. If grant funds are purchases to support basic court their approved indirect cost rate. These requested to pay the salary and related operations ordinarily will not be rates must be established in accordance costs for a current employee of a court approved. The applicant should with section XI.H.4. If the applicant has or other unit of government, the describe the equipment to be purchased an indirect cost rate or allocation plan applicant should explain why this or leased and explain why the approved by any Federal granting would not constitute a supplantation of acquisition of that equipment is agency, a copy of the approved rate State or local funds in violation of 42 essential to accomplish the project’s agreement should be attached to the U.S.C. 10706 (d)(1). An acceptable goals and objectives. The narrative application. explanation may be that the position to should clearly identify which be filled is a new one established in equipment is to be leased and which is 12. Match conjunction with the project or that the to be purchased. The method of The applicant should describe the grant funds will be supporting only the procurement should also be described. source of any matching contribution and portion of the employee’s time that will Purchases for automatic data processing the nature of the match provided. Any be dedicated to new or additional duties equipment must comply with section additional contributions to the project related to the project. XI.H.2.b. should be described in this section of 2. Fringe Benefit Computation 6. Supplies the budget narrative as well. If in-kind match is to be provided, the applicant The applicant should provide a The applicant should provide a should describe how the amount and description of the fringe benefits general description of the supplies value of the time, services, or materials provided to employees. If percentages necessary to accomplish the goals and actually contributed will be are used, the authority for such use objectives of the grant. In addition, the documented sufficiently clearly to should be presented as well as a applicant should provide the basis for permit them to be included in an audit description of the elements included in the amount requested for this of the grant. Applicants should be aware the determination of the percentage rate. expenditure category. that the time spent by participants in 3. Consultant/Contractual Services and 7. Construction education courses does not qualify as in-kind match. Honoraria Construction expenses are prohibited The applicant should describe the except for the limited purposes set forth Applicants that do not contemplate tasks each consultant will perform, the in section X.H.2. Any allowable making matching contributions estimated total amount to be paid to construction or renovation expense continuously throughout the course of each consultant, the basis for should be described in detail in the the project or on a task-by-task basis compensation rates (e.g., number of budget narrative. must provide a schedule within 30 days days x the daily consultant rates), and after the beginning of the project period the method for selection. Rates for 8. Telephone indicating at what points during the consultant services must be set in Applicants should include project period the matching accordance with section XI.H.2.c. anticipated telephone charges, contributions will be made. (See Honorarium payments must be justified distinguishing between monthly charges sections III.F., VIII.B., X.B. and XI.D.1.) in the same manner as other consultant and long distance charges in the budget E. Submission Requirements payments. Prior written Institute narrative. Also, applicants should approval is required for any consultant provide the basis used in developing the 1. Every applicant must submit an rate in excess of $300 per day; Institute monthly and long distance estimates. original and four copies of the funds may not be used to pay a application package consisting of FORM 9. Postage consultant at a rate in excess of $900 per A; FORM B, if the application is from day. Anticipated postage costs for project- a State or local court, or a Disclosure of related mailings should be described in Lobbying Form, if the applicant is not 4. Travel the budget narrative. The cost of special a unit of State or local government; the Transportation costs and per diem mailings, such as for a survey or for Budget Forms (either FORM C or C–1), rates must comply with the policies of announcing a workshop, should be the Application Abstract, Program the applicant organization. If the distinguished from routine operational Narrative, Budget Narrative, and any applicant does not have an established mailing costs. The bases for all postage necessary appendices. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55453

All invited must be sent by first class whether the applicant is a State court, F. Response to Notification of Approval or overnight mail or by courier, no later a national court support or education Applicants have 30 days from the date than May 12, 1999. A postmark or organization, a non-court unit of of the letter notifying them that the courier receipt will constitute evidence government, or other type of entity Board has approved their application to of the submission date. Please mark eligible to receive grants under the respond to any revisions requested by APPLICATION on all application Institute’s enabling legislation (see 42 the Board. If the requested revisions (or package envelopes and send to: State U.S.C. 10705(6) (as amended) and a reasonable schedule for submitting Justice Institute, 1650 King Street, Suite Section IV above); the availability of such revisions) have not been submitted 600, Alexandria, VA 22314. financial assistance from other sources to the Institute within 30 days after Receipt of each proposal will be for the project; the amount and nature notification, the approval may be acknowledged in writing. Extensions of (cash or in-kind) of the applicant’s automatically rescinded and the the deadline for submission of match; the extent to which the proposed application presented to the Board for applications will not be granted. See project would also benefit the Federal reconsideration. section VII.C.11. for receipt deadlines courts or help State courts enforce for letters of support. Federal constitutional and legislative IX. Renewal Funding Procedures and 2. Applicants submitting more than requirements; and the level of Requirements one application may include material appropriations available to the Institute The Institute recognizes two types of that would be identical in each in the current year and the amount renewal funding as described below— application in a cover letter, and expected to be available in succeeding ‘‘continuation grants’’ and ‘‘on-going incorporate that material by reference in fiscal years. support grants.’’ The award of an initial each application. The incorporated C. Review and Approval Process grant to support a project does not material will be counted against the 25- constitute a commitment by the Institute page limit for the program narrative. A Applications will be reviewed to renew funding. The Board of copy of the cover letter should be competitively by the Board of Directors. Directors anticipates allocating no more attached to each copy of each The Institute staff will prepare a than 25% of available FY 1999 grant application. narrative summary of each application, funds for renewal grants. VIII. Application Review Procedures and a rating sheet assigning points for A. Continuation Grants each relevant selection criterion. When A. Preliminary Inquiries necessary, applications may also be 1. Purpose and Scope The Institute staff will answer reviewed by outside experts. Continuation grants are intended to inquiries concerning application Committees of the Board will review support projects with a limited duration procedures. The staff contact will be applications within assigned program that involve the same type of activities named in the Institute’s letter categories and prepare as the previous project. They are acknowledging receipt of the recommendations to the full Board. The intended to enhance the specific application. full Board of Directors will then decide program or service produced or B. Selection Criteria which applications to approve for a established during the prior grant grant. The decision to award a grant is period. They may be used, for example, 1. All applications will be rated on solely that of the Board of Directors. when a project is divided into two or the basis of the criteria set forth below. more sequential phases, for secondary The Institute will accord the greatest Awards approved by the Board will analysis of data obtained in an Institute- weight to the following criteria: be signed by the Chairman of the Board a. The soundness of the methodology; on behalf of the Institute. supported research project, or for more extensive testing of an innovative b. The demonstration of need for the D. Return Policy project; technology, procedure, or program developed with SJI grant support. c. The appropriateness of the Unless a specific request is made, In order for a project to be considered proposed evaluation design; unsuccessful applications will not be for continuation funding, the grantee d. The applicant’s management plan returned. Applicants are advised that must have completed the project tasks and organizational capabilities; Institute records are subject to the and met all grant requirements and e. The qualifications of the project’s provisions of the Federal Freedom of conditions in a timely manner, absent staff; Information Act, 5 U.S.C. 552. f. The products and benefits resulting extenuating circumstances or prior from the project including the extent to E. Notification of Board Decision Institute approval of changes to the which the project will have long-term project design. Continuation grants are benefits for State courts across the The Institute will send written notice not intended to provide support for a nation; to applicants concerning all Board project for which the grantee has g. The degree to which the findings, decisions to approve, defer, or deny underestimated the amount of time or procedures, training, technology, or their respective applications and the key funds needed to accomplish the project other results of the project can be issues and questions that arose during tasks. the review process. A decision by the transferred to other jurisdictions. 2. Application Procedures—Letters of h. The reasonableness of the proposed Board to deny an application may not be Intent budget; appealed, but does not prohibit i. The demonstration of cooperation resubmission of a proposal based on In lieu of a concept paper, a grantee and support of other agencies that may that application in a subsequent round seeking a continuation grant must be affected by the project; and of funding. The Institute will also notify inform the Institute, by letter, of its j. The proposed project’s relationship the designated State contact listed in intent to submit an application for such to one of the ‘‘Special Interest’’ Appendix I when grants are approved funding as soon as the need for renewal categories set forth in section II.B. by the Board to support projects that funding becomes apparent but no less 2. In determining which applicants to will be conducted by or involve courts than 120 days before the end of the fund, the Institute will also consider in their State. current grant period. 55454 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

a. A letter of intent must be no more the Institute. Ordinarily, the Board will B. On-going Support Grants than 3 single-spaced pages on 81⁄2 by 11 not consider an application for 1. Purpose and Scope inch paper and must contain a concise continuation funding until the Institute but thorough explanation of the need for has received the evaluator’s report. On-going support grants are intended to support projects that are national in continuation; an estimate of the funds to e. Tasks, Methods, Staff and Grantee scope and that provide the State courts be requested; and a brief description of Capability. The applicant should fully with services, programs or products for anticipated changes in the scope, focus, describe any changes in the tasks to be which there is a continuing critical or audience of the project. performed, the methods to be used, the b. Within 30 days after receiving a need. An on-going support grant may products of the project, and how and to letter of intent, Institute staff will review also be used to fund longitudinal whom those products will be the proposed activities for the next research that directly benefits the State disseminated, as well as any changes in project period and inform the grantee of courts. On-going support grants are the assigned staff or the grantee’s specific issues to be addressed in the subject to the limits on size and organizational capacity. Applicants continuation application and the date duration set forth in V.C.2. and V.D.2. should include, in addition, the criteria by which the application for a The Board will consider awarding an and methods by which the proposed continuation grant must be submitted. on-going support grant for a period of continuation project would be up to 36 months. The total amount of 3. Application Format evaluated. the grant will be fixed at the time of the An application for a continuation f. Task Schedule. The applicant initial award. Funds ordinarily will be grant must include an application form, should present a detailed task schedule made available in annual increments as budget forms (with appropriate and timeline for the next project period. specified in section V.C.2. documentation), a project abstract g. Other Sources of Support. The A project is eligible for consideration conforming to the format set forth in applicant should indicate why other for an on-going support grant if: section VII.B., a program narrative, a sources of support are inadequate, a. The project is supported by and has budget narrative, a Certificate of State inappropriate or unavailable. been evaluated under a grant from the Approval (FORM B) if the applicant is Institute; a State or local court, a disclosure of 4. Budget and Budget Narrative b. The project is national in scope and lobbying form (from applicants other provides a significant benefit to the than units of State or local government), The applicant should provide a State courts; and any necessary appendices. complete budget and budget narrative c. There is a continuing critical need The program narrative should conforming to the requirements set forth for the services, programs or products conform to the length and format in paragraph VII.D. Changes in the provided by the project as indicated by requirements set forth in section VII.C. funding level requested should be the level of use and support by members However, rather than the topics listed in discussed in terms of corresponding of the court community; section VII.C., the program narrative of increases or decreases in the scope of d. The project is accomplishing its an application for a continuation grant activities or services to be rendered. In objectives in an effective and efficient should include: addition, the applicant should estimate manner; and a. Project Objectives. The applicant the amount of grant funds that will e. It is likely that the service or should clearly and concisely state what remain unobligated at the end of the program provided by the project would the continuation project is intended to current grant period. be curtailed or significantly reduced accomplish. 5. References to Previously Submitted without Institute support. b. Need for Continuation. The Material Each project supported by an on-going applicant should explain why support grant must include an An application for a continuation continuation of the project is necessary evaluation component assessing its grant should not repeat information to achieve the goals of the project, and effectiveness and operation throughout contained in a previously approved how the continuation will benefit the the grant period. The evaluation should application or other previously participating courts or the courts be independent, but may be designed submitted materials, but should provide community generally. That is, to what collaboratively by the evaluator and the specific references to such materials extent will the original goals and grantee. The design should call for where appropriate. objectives of the project be unfulfilled if regular feedback from the evaluator to the project is not continued, and 6. Submission Requirements, Review the grantee throughout the project conversely, how will the findings or and Approval Process, and Notification period concerning recommendations for results of the project be enhanced by of Decision mid-course corrections or improvement continuing the project? of the project, as well as periodic reports c. Report of Current Project Activities. The submission requirements set forth to the Institute at relevant points in the The applicant should discuss the status in section VII.E., other than the deadline project. of all activities conducted during the for mailing, apply to applications for a An interim evaluation report must be previous project period. Applicants continuation grant. Such applications submitted 18 months into the grant should identify any activities that were will be rated on the selection criteria set period. The decision to obligate Institute not completed, and explain why. forth in section VIII.B. The key findings funds to support the third year of the d. Evaluation Findings. The applicant and recommendations resulting from an project will be based on the interim should present the key findings, impact, evaluation of the project and the evaluation findings and the applicant’s or recommendations resulting from the proposed response to those findings and response to any deficiencies noted in evaluation of the project, if they are recommendations will also be the report. available, and how they will be considered. The review and approval A final evaluation assessing the addressed during the proposed process, return policy, and notification effectiveness, operation of, and continuation. If the findings are not yet procedures are the same as those for continuing need for the project must be available, applicants should provide the new projects set forth in sections submitted 90 days before the end of the date by which they will be submitted to VIII.C.–VIII.E. 3-year project period. In addition, a Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55455 detailed annual task schedule must be evaluation, and explain how they will previously submitted materials, but submitted not later than 45 days before be addressed during the proposed should provide specific references to the end of the first and second years of renewal period. Ordinarily, the Board such materials where appropriate. the grant period, along with an will not consider an application for on- 6. Submission Requirements, Review explanation of any necessary revisions going support until the Institute has and Approval Process, and Notification in the projected costs for the remainder received the evaluator’s report. of Decision of the project period. (See also section e. Objectives, Tasks, Methods, Staff IX.B.3.h.) and Grantee Capability. The applicant The submission requirements set forth should describe fully any changes in the in section VII.E., other than the deadline 2. Letters of Intent objectives; tasks to be performed; the for mailing, apply to applications for an In lieu of a concept paper, a grantee methods to be used; the products of the on-going support grant. Such seeking an on-going support grant must project; how and to whom those applications will be rated on the inform the Institute, by letter, of its products will be disseminated; the selection criteria set forth in section intent to submit an application for such assigned staff; and the grantee’s VIII.B. The key findings and funding as soon as the need for renewal organizational capacity. The grantee recommendations resulting from an funding becomes apparent but no less also should describe the steps it will evaluation of the project and the than 120 days before the end of the take to obtain support from other proposed response to those findings and current grant period. The letter of intent sources for the continued operation of recommendations will also be should be in the same format as that the project. considered. The review and approval prescribed for continuation grants in f. Task Schedule. The applicant process, return policy, and notification section IX.A.2.a. should present a general schedule for procedures are the same as those for the full proposed project period and a new projects set forth in sections 3. Format detailed task schedule for the first year VIII.C.–VIII.E. An application for an on-going of the proposed new project period. support grant must include an g. Other Sources of Support. The X. Compliance Requirements application form, budget forms (with applicant should describe what efforts it The State Justice Institute Act appropriate documentation), a has taken to secure support for the contains limitations and conditions on Certificate of State Approval (FORM B) project from other sources and discuss grants, contracts and cooperative if the applicant is a State or local court, why other sources of support are agreements of which applicants and a disclosure of lobbying form (from inadequate, inappropriate, or recipients should be aware. In addition applicants other than units of State or unavailable. to eligibility requirements which must local government), a project abstract be met to be considered for an award 4. Budget and Budget Narrative conforming to the format set forth in from the Institute, all applicants should section VII.B., a program narrative, a The applicant should provide a be aware of and all recipients will be budget narrative, and any necessary complete three-year budget and budget responsible for ensuring compliance appendices. narrative conforming to the with the following: The program narrative should requirements set forth in paragraph conform to the length and format VII.D., and estimate the amount of grant A. State and Local Court Systems requirements set forth in section VII.C. funds that will remain unobligated at Each application for funding from a However, rather than the topics listed in the end of the current grant period. State or local court must be approved, section VII.C., the program narrative of Changes in the funding level requested consistent with State law, by the State’s applications for on-going support grants should be discussed in terms of Supreme Court, or its designated agency should address: corresponding increases or decreases in or council. The Supreme Court or its a. Description of Need for and the scope of activities or services to be designee shall receive, administer, and Benefits of the Project. The applicant rendered. A complete budget narrative be accountable for all funds awarded on should provide a detailed discussion of should be provided for the full project the basis of such an application. 42 the benefits provided by the project to as well as for each year, or portion of a U.S.C. 10705(b)(4). Appendix I to this the State courts around the country, year, for which grant support is Guideline lists the person to contact in including the degree to which State requested. Changes in the funding level each State regarding the administration courts, State court judges, or State court requested should be discussed in terms of Institute grants to State and local managers and personnel are using the of corresponding increases or decreases courts. in the scope of activities or services to services or programs provided by the B. Matching Requirements project. be rendered. The budget should provide b. Demonstration of Court Support. for realistic cost-of-living and staff 1. All awards to courts or other units The applicant should demonstrate salary increases over the course of the of State or local government (not support for the continuation of the requested project period. Applicants including publicly supported project from the courts community. should be aware that the Institute is institutions of higher education) require c. Report on Current Project Activities. unlikely to approve a supplemental a match from private or public sources The applicant should discuss the extent budget increase for an on-going support of not less than 50% of the total amount to which the project has met its goals grant in the absence of well- of the Institute’s award. For example, if and objectives, identify any activities documented, unanticipated factors that the total cost of a project is anticipated that have not been completed, and clearly justify the requested increase. to be $150,000, a State court or explain why. executive branch agency may request up d. Evaluation Findings. The applicant 5. References to Previously Submitted to $100,000 from the Institute to should attach a copy of the final Material implement the project. The remaining evaluation report regarding the An application for an on-going $50,000 (50% of the $100,000 requested effectiveness, impact, and operation of support grant should not repeat from SJI) must be provided as a match. the project, specify the key findings or information contained in a previously A cash match, non-cash match, or both recommendations resulting from the approved application or other may be provided, but the Institute will 55456 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices give preference to those applicants that compete for the award of such 1. To supplant State or local funds provide a cash match to the Institute’s procurement. supporting a program or activity (such award. (For a further definition of as paying the salary of court employees D. Lobbying match, see section III.F.) who would be performing their normal The requirement to provide match Funds awarded to recipients by the duties as part of the project, or paying may be waived in exceptionally rare Institute shall not be used, indirectly or rent for space which is part of the circumstances upon the request of the directly, to influence Executive orders court’s normal operations); Chief Justice of the highest court in the or similar promulgations by Federal, State and approval by the Board of 2. To construct court facilities or State or local agencies, or to influence structures, except to remodel existing Directors. 42 U.S.C. 10705(d). the passage or defeat of any legislation facilities or to demonstrate new 2. Other eligible recipients of Institute by Federal, State or local legislative architectural or technological funds are not required to provide a bodies. 42 U.S.C. 10706(a). match, but are encouraged to contribute techniques, or to provide temporary It is the policy of the Board of facilities for new personnel or for to meeting the costs of the project. In Directors to award funds only to support instances where match is proposed, the personnel involved in a demonstration applications submitted by organizations or experimental program; or grantee is responsible for ensuring that that would carry out the objectives of the total amount proposed is actually their applications in an unbiased 3. Solely to purchase equipment. contributed. If a proposed contribution manner. Consistent with this policy and I. Confidentiality of Information is not fully met, the Institute may the provisions of 42 U.S.C. 10706, the reduce the award amount accordingly, Institute will not knowingly award a Except as provided by Federal law in order to maintain the ratio originally grant to an applicant that has, directly other than the State Justice Institute Act, provided for in the award agreement or through an entity that is part of the no recipient of financial assistance from (see sections VIII.B. above and XI.D.). same organization as the applicant, SJI may use or reveal any research or C. Conflict of Interest advocated a position before Congress on statistical information furnished under the specific subject matter of the Personnel and other officials the Act by any person and identifiable application. connected with Institute-funded to any specific private person for any programs shall adhere to the following E. Political Activities purpose other than the purpose for requirements: which the information was obtained. 1. No official or employee of a No recipient shall contribute or make Such information and copies thereof recipient court or organization shall available Institute funds, program shall be immune from legal process, and participate personally through decision, personnel, or equipment to any political shall not, without the consent of the approval, disapproval, recommendation, party or association, or the campaign of person furnishing such information, be the rendering of advice, investigation, or any candidate for public or party office. admitted as evidence or used for any otherwise in any proceeding, Recipients are also prohibited from purpose in any action, suit, or other application, request for a ruling or other using funds in advocating or opposing judicial, legislative, or administrative determination, contract, grant, any ballot measure, initiative, or proceedings. referendum. Officers and employees of cooperative agreement, claim, J. Human Research Protection controversy, or other particular matter recipients shall not intentionally identify the Institute or recipients with in which Institute funds are used, where All research involving human subjects any partisan or nonpartisan political to his/her knowledge he/she or his/her shall be conducted with the informed activity associated with a political party immediate family, partners, consent of those subjects and in a or association, or the campaign of any organization other than a public agency manner that will ensure their privacy candidate for public or party office. 42 in which he/she is serving as officer, and freedom from risk or harm and the U.S.C. 10706(a). director, trustee, partner, or employee or protection of persons who are not any person or organization with whom F. Advocacy subjects of the research but would be he/she is negotiating or has any affected by it, unless such procedures No funds made available by the arrangement concerning prospective and safeguards would make the research employment, has a financial interest. Institute may be used to support or conduct training programs for the impractical. In such instances, the 2. In the use of Institute project funds, Institute must approve procedures an official or employee of a recipient purpose of advocating particular nonjudicial public policies or designed by the grantee to provide court or organization shall avoid any human subjects with relevant action which might result in or create encouraging nonjudicial political activities. 42 U.S.C. 10706(b). information about the research after the appearance of: their involvement and to minimize or a. Using an official position for G. Prohibition Against Litigation eliminate risk or harm to those subjects private gain; or Support due to their participation. b. Affecting adversely the confidence of the public in the integrity of the No funds made available by the K. Nondiscrimination Institute program. Institute may be used directly or 3. Requests for proposals or indirectly to support legal assistance to No person may, on the basis of race, invitations for bids issued by a recipient parties in litigation, including cases sex, national origin, disability, color, or of Institute funds or a subgrantee or involving capital punishment. creed be excluded from participation in, subcontractor will provide notice to denied the benefits of, or otherwise H. Supplantation and Construction prospective bidders that the contractors subjected to discrimination under any who develop or draft specifications, To ensure that funds are used to program or activity supported by requirements, statements of work, and/ supplement and improve the operation Institute funds. Recipients of Institute or requests for proposals for a proposed of State courts, rather than to support funds must immediately take any procurement will be excluded from basic court services, funds shall not be measures necessary to effectuate this bidding on or submitting a proposal to used for the following purposes: provision. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55457

L. Reporting Requirements purposes consistent with the State equivalents, prior to initiating the next Recipients of Institute funds, other Justice Institute Act. If such certification stage of product development. is not made or the Institute disapproves than scholarships awarded under S. Distribution of Grant Products section II.B.2.b.iii., shall submit such certification, title to all such In addition to the distribution Quarterly Progress and Financial property with an aggregate or individual specified in the grant application, Reports within 30 days of the close of value of $1,000 or more shall vest in the each calendar quarter (that is, no later Institute, which will direct the grantees shall send: 1. Twenty copies of each final product than January 30, April 30, July 30, and disposition of the property. developed with grant funds to the October 30). Two copies of each report P. Original Material Institute, unless the product was must be sent. The Quarterly Progress developed under either a curriculum Reports shall include a narrative All products prepared as the result of adaptation or a technical assistance description of project activities during Institute-supported projects must be grant, in which case submission of 2 the calendar quarter, the relationship originally-developed material unless between those activities and the task otherwise specified in the award copies is required. 2. A mastercopy of each videotape schedule and objectives set forth in the documents. Material not originally produced with grant funds to the approved application or an approved developed that is included in such Institute. adjustment thereto, any significant products must be properly identified, 3. One copy of each final product problem areas that have developed and whether the material is in a verbatim or developed with grant funds to the how they will be resolved, and the extensive paraphrase format. library established in each State to activities scheduled during the next Q. Acknowledgment and Disclaimer collect materials prepared with Institute reporting period. The quarterly financial support. (A list of these libraries is status report shall be submitted in Recipients of Institute funds shall contained in Appendix II. Labels for accordance with section XI.G.2. of this acknowledge prominently on all these libraries are available from the Guideline. A final project progress products developed with grant funds Institute upon request.) Recipients of report and financial status report shall that support was received from the be submitted within 90 days after the curriculum adaptation and technical Institute. The ‘‘SJI’’ logo must appear on assistance grants are not required to end of the grant period in accordance the front cover of a written product, or with section XI.K.2. of this Guideline. submit final products to State libraries. in the opening frames of a video 4. A one-page abstract to the Institute M. Audit product, unless another placement is summarizing the products produced approved in writing by the Institute. Recipients, other than those noted during the project for posting on the This includes final products printed or Internet together with a diskette below, must provide for an annual fiscal otherwise reproduced during the grant audit which shall include an opinion on containing the abstract in Word or period, as well as reprintings or ASCII in a format prescribed by the whether the financial statements of the reproductions of those materials grantee present fairly its financial Institute for posting on the Institute’s following the end of the grant period. A website. position and financial operations are in camera-ready logo sheet is available accordance with generally accepted 5. In addition, recipients of project from the Institute upon request. accounting principles. (See section XI.J. grants must prepare a press release of the Guideline for the requirements of Recipients also shall display the describing the project and announcing such audits.) Recipients of a following disclaimer on all grant the results and distribute the release to scholarship, curriculum adaptation, or products: a list of national and State judicial technical assistance grant are not This [document, film, videotape, etc.] was branch organizations provided by the required to submit an audit, but must developed under [grant/cooperative Institute. maintain appropriate documentation to agreement, number SJI–(insert number)] from T. Copyrights support all expenditures. the State Justice Institute. The points of view expressed are those of the [author(s), Except as otherwise provided in the N. Suspension of Funding filmmaker(s), etc.] and do not necessarily terms and conditions of an Institute After providing a recipient reasonable represent the official position or policies of award, a recipient is free to copyright notice and opportunity to submit the State Justice Institute. any books, publications, or other written documentation demonstrating R. Institute Approval of Grant Products copyrightable materials developed in why fund termination or suspension the course of an Institute-supported should not occur, the Institute may No grant funds may be obligated for project, but the Institute shall reserve a terminate or suspend funding of a publication or reproduction of a final royalty-free, nonexclusive and project that fails to comply substantially product developed with grant funds irrevocable right to reproduce, publish, with the Act, the Guideline, or the terms without the written approval of the or otherwise use, and to authorize and conditions of the award. 42 U.S.C. Institute. Grantees shall submit a final others to use, the materials for purposes 10708(a). draft of each written product to the consistent with the State Justice Institute for review and approval. These Institute Act. O. Title to Property drafts shall be submitted at least 30 days At the conclusion of the project, title before the product is scheduled to be U. Inventions and Patents to all expendable and nonexpendable sent for publication or reproduction to If any patentable items, patent rights, personal property purchased with permit Institute review and processes, or inventions are produced in Institute funds shall vest in the recipient incorporation of any appropriate the course of Institute-sponsored work, court, organization, or individual that changes agreed upon by the grantee and such fact shall be promptly and fully purchased the property if certification is the Institute. Grantees shall provide for reported to the Institute. Unless there is made to and approved by the Institute timely reviews by the Institute of a prior agreement between the grantee that the property will continue to be videotape or CD–ROM products at the and the Institute on disposition of such used for the authorized purposes of the treatment, script, rough cut, and final items, the Institute shall determine Institute-funded project or other stages of development or their whether protection of the invention or 55458 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices discovery shall be sought. The Institute W. Availability of Research Data for 2. References will also determine how the rights in Secondary Analysis Except where inconsistent with the invention or discovery, including Upon request, grantees must make specific provisions of this Guideline, the rights under any patent issued thereon, available for secondary analysis a following regulations, directives and shall be allocated and administered in diskette(s) or data tape(s) containing reports are applicable to Institute grants order to protect the public interest research and evaluation data collected and cooperative agreements under the consistent with ‘‘Government Patent under an Institute grant and the same terms and conditions that apply to Policy’’ (President’s Memorandum for Federal grantees. These materials Heads of Executive Departments and accompanying code manual. Grantees may recover the actual cost of supplement the requirements of this Agencies, February 18, 1983, and section for accounting systems and statement of Government Patent Policy). duplicating and mailing or otherwise transmitting the data set and manual financial recordkeeping and provide V. Charges for Grant-Related Products/ from the person or organization additional guidance on how these Recovery of Costs requesting the data. Grantees may requirements may be satisfied. When Institute funds fully cover the provide the requested data set in the (Circulars may be obtained from OMB cost of developing, producing, and format in which it was created and by calling 202–395–7250.) disseminating a product, (e.g., a report, analyzed. a. Office of Management and Budget (OMB) Circular A–21, Cost Principles curriculum, videotape or software), the X. Approval of Key Staff product should be distributed to the for Educational Institutions. field without charge. When Institute If the qualifications of an employee or b. Office of Management and Budget funds only partially cover the consultant assigned to a key project staff (OMB) Circular A–87, Cost Principles development, production, or position are not described in the for State and Local Governments. dissemination costs, the grantee may, application or if there is a change of a c. Office of Management and Budget with the Institute’s prior written person assigned to such a position, a (OMB) Circular A–88 (revised), Indirect approval, recover its costs for recipient shall submit a description of Cost Rates, Audit and Audit Follow-up developing, producing, and the qualifications of the newly assigned at Educational Institutions. disseminating the material to those person to the Institute. Prior written d. Office of Management and Budget requesting it, to the extent that those approval of the qualifications of the new (OMB) Circular A–102, Uniform costs were not covered by Institute person assigned to a key staff position Administrative Requirements for funds or grantee matching must be received from the Institute Grants-in-Aid to State and Local contributions. before the salary or consulting fee of Governments. Applicants should disclose their that person and associated costs may be e. Office of Management and Budget intent to sell grant-related products in paid or reimbursed from grant funds. (OMB) Circular A–110, Grants and both the concept paper and the Agreements with Institutions of Higher XI. Financial Requirements application. Grantees must obtain the Education, Hospitals and other Non- written, prior approval of the Institute of A. Accounting Systems and Financial Profit Organizations. their plans to recover project costs Records f. Office of Management and Budget through the sale of grant products. (OMB) Circular A–128, Audits of State Written requests to recover costs All grantees, subgrantees, contractors, and Local Governments. ordinarily should be received during the and other organizations directly or g. Office of Management and Budget grant period and should specify the indirectly receiving Institute funds are (OMB) Circular A–122, Cost Principles nature and extent of the costs to be required to establish and maintain for Non-profit Organizations. recouped, the reason that such costs accounting systems and financial h. Office of Management and Budget were not budgeted (if the rationale was records to accurately account for funds (OMB) Circular A–133, Audits of not disclosed in the approved they receive. These records shall Institutions of Higher Education and application), the number of copies to be include total program costs, including Other Non-profit Institutions. sold, the intended audience for the Institute funds, State and local matching shares, and any other fund sources B. Supervision and Monitoring products to be sold, and the proposed Responsibilities sale price. If the product is to be sold included in the approved project for more than $25.00, the written budget. 1. Grantee Responsibilities request also should include a detailed 1. Purpose All grantees receiving direct awards itemization of costs that will be from the Institute are responsible for the The purpose of this section is to recovered and a certification that the management and fiscal control of all establish accounting system costs were not supported by either funds. Responsibilities include requirements and offer guidance on Institute grant funds or grantee accounting for receipts and procedures which will assist all matching contributions. expenditures, maintaining adequate grantees/subgrantees in: In the event that the sale of grant financial records, and refunding products results in revenues that exceed a. Complying with the statutory expenditures disallowed by audits. the costs to develop, produce, and requirements for the awarding, disseminate the product, the revenue disbursement, and accounting of funds; 2. Responsibilities of State Supreme must continue to be used for the b. Complying with regulatory Court authorized purposes of the Institute- requirements of the Institute for the Each application for funding from a funded project or other purposes financial management and disposition State or local court must be approved, consistent with the State Justice of funds; consistent with State law, by the State’s Institute Act that have been approved by c. Generating financial data which can Supreme Court, or its designated agency the Institute. See sections III.F. and XI.F. be used in the planning, management or council. for requirements regarding project- and control of programs; and The State Supreme Court or its related income realized during the d. Facilitating an effective audit of designee shall receive all Institute funds project period. funded programs and projects. awarded to such courts; be responsible Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55459 for assuring proper administration of 1. Properly accounts for receipt of maintain the ratio originally provided Institute funds; and be responsible for funds under each grant awarded and the for in the award agreement. all aspects of the project, including expenditure of funds for each grant by 2. Records for Match proper accounting and financial category of expenditure (including recordkeeping by the subgrantee. These matching contributions and project All grantees must maintain records responsibilities include: income); which clearly show the source, amount, a. Reviewing Financial Operations. 2. Assures that expended funds are and timing of all matching The State Supreme Court or its designee applied to the appropriate budget contributions. In addition, if a project should be familiar with, and category included within the approved has included, within its approved periodically monitor, its subgrantees’ grant; budget, contributions which exceed the financial operations, records system and 3. Presents and classifies historical required matching portion, the grantee procedures. Particular attention should costs of the grant as required for must maintain records of those be directed to the maintenance of budgetary and evaluation purposes; contributions in the same manner as it current financial data. 4. Provides cost and property controls does the Institute funds and required b. Recording Financial Activities. The to assure optimal use of grant funds; matching shares. For all grants made to subgrantee’s grant award or contract 5. Is integrated with a system of State and local courts, the State obligation, as well as cash advances and internal controls adequate to safeguard Supreme Court has primary other financial activities, should be the funds and assets covered, check the responsibility for grantee/subgrantee recorded in the financial records of the accuracy and reliability of the compliance with the requirements of State Supreme Court or its designee in accounting data, promote operational this section. (See section XI.B.2.) summary form. Subgrantee expenditures efficiency, and assure conformance with E. Maintenance and Retention of should be recorded on the books of the any general or special conditions of the Records State Supreme Court OR evidenced by grant; All financial records, supporting report forms duly filed by the 6. Meets the prescribed requirements subgrantee. Non-Institute contributions documents, statistical records and all for periodic financial reporting of other records pertinent to grants, applied to projects by subgrantees operations; and should likewise be recorded, as should subgrants, cooperative agreements or 7. Provides financial data for contracts under grants shall be retained any project income resulting from planning, control, measurement, and program operations. by each organization participating in a evaluation of direct and indirect costs. project for at least three years for c. Budgeting and Budget Review. The purposes of examination and audit. State Supreme Court or its designee D. Total Cost Budgeting and Accounting State Supreme Courts may impose should ensure that each subgrantee Accounting for all funds awarded by record retention and maintenance prepares an adequate budget as the basis the Institute shall be structured and requirements in addition to those for its award commitment. The detail of executed on a ‘‘total project cost’’ basis. prescribed in this chapter. each project budget should be That is, total project costs, including maintained on file by the State Supreme Institute funds, State and local matching 1. Coverage Court. shares, and any other fund sources The retention requirement extends to d. Accounting for Non-Institute included in the approved project budget books of original entry, source Contributions. The State Supreme Court shall be the foundation for fiscal documents supporting accounting or its designee will ensure, in those administration and accounting. Grant transactions, the general ledger, instances where subgrantees are applications and financial reports subsidiary ledgers, personnel and required to furnish non-Institute require budget and cost estimates on the payroll records, canceled checks, and matching funds, that the requirements basis of total costs. related documents and records. Source and limitations of the Guideline are 1. Timing of Matching Contributions documents include copies of all grant applied to such funds. and subgrant awards, applications, and e. Audit Requirement. The State Matching contributions need not be required grantee/subgrantee financial Supreme Court or its designee is applied at the exact time of the and narrative reports. Personnel and required to ensure that subgrantees have obligation of Institute funds. However, payroll records shall include the time met the necessary audit requirements the full matching share must be and attendance reports for all set forth by the Institute (see sections obligated during the award period, individuals reimbursed under a grant, X.M. and XI.J). except that, with the prior written subgrant or contract, whether they are f. Reporting Irregularities. The State permission of the Institute, employed full-time or part-time. Time Supreme Court, its designees, and its contributions made following approval and effort reports will be required for subgrantees are responsible for of the grant by the Institute’s Board of consultants. promptly reporting to the Institute the Directors but before the beginning of the nature and circumstances surrounding grant may be counted as match. 2. Retention Period any financial irregularities discovered. Grantees that do not contemplate The three-year retention period starts making matching contributions C. Accounting System from the date of the submission of the continuously throughout the course of a final expenditure report or, for grants The grantee is responsible for project, or on a task-by-task basis, are which are renewed annually, from the establishing and maintaining an required to submit a schedule within 30 date of submission of the annual adequate system of accounting and days after the beginning of the project expenditure report. internal controls for itself and for period indicating at what points during ensuring that an adequate system exists the project period the matching 3. Maintenance for each of its subgrantees and contributions will be made. In instances Grantees and subgrantees are contractors. An acceptable and adequate where a proposed cash match is not expected to see that records of different accounting system is considered to be fully met, the Institute may reduce the fiscal years are separately identified and one which: award amount accordingly, in order to maintained so that requested 55460 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices information can be readily located. 4. Income From the Sale of Grant b. Continuation and On-Going Grantees and subgrantees are also Products Support Awards. For purposes of obligated to protect records adequately When grant funds fully cover the cost submitting Requests for Advance or against fire or other damage. When of producing and disseminating a Reimbursement, recipients of records are stored away from the limited number of copies of a product, continuation and on-going support grantee’s/subgrantee’s principal office, a the grantee may, with the written prior grants should treat each grant as a new written index of the location of stored approval of the Institute, sell additional project and number their requests records should be on hand, and ready copies reproduced at its expense only at accordingly (i.e. on a grant rather than access should be assured. a price intended to recover actual a project basis). For example, the first reproduction and distribution costs that request for payment from a continuation 4. Access were not covered by Institute grant grant or each year of an on-going support would be number 1, the second Grantees and subgrantees must give funds or grantee matching contributions to the project. When grant funds only number 2, etc. (See Recommendations any authorized representative of the to Grantees in the Introduction for Institute access to and the right to partially cover the costs of developing, producing and disseminating a product, further guidance.) examine all records, books, papers, and c. Termination of Advance and the grantee may, with the written prior documents related to an Institute grant. Reimbursement Funding. When a approval of the Institute, recover costs grantee organization receiving cash F. Project-Related Income for developing, reproducing, and advances from the Institute: disseminating the material to the extent Records of the receipt and disposition i. Demonstrates an unwillingness or that those costs were not covered by inability to attain program or project of project-related income must be Institute grant funds or grantee maintained by the grantee in the same goals, or to establish procedures that matching contributions. If the grantee will minimize the time elapsing manner as required for the project funds recovers its costs in this manner, then that gave rise to the income and must be between cash advances and amounts expended by the grantee to disbursements, or cannot adhere to reported to the Institute. (See section develop, produce, and disseminate the XI.G.2.) The policies governing the guideline requirements or special material may not be considered match. conditions; disposition of the various types of If the sale of products occurs during project-related income are listed below. ii. Engages in the improper award and the project period, the costs and income administration of subgrants or contracts; 1. Interest generated by the sales must be reported or on the Quarterly Financial Status iii. Is unable to submit reliable and/ A State and any agency or Reports and documented in an auditable or timely reports; the Institute may instrumentality of a State, including manner. Whenever possible, the intent terminate advance financing and require State institutions of higher education to sell a product should be disclosed in the grantee organization to finance its and State hospitals, shall not be held the concept paper and application or operations with its own working capital. accountable for interest earned on reported to the Institute in writing once Payments to the grantee shall then be advances of project funds. When funds a decision to sell products has been made by check to reimburse the grantee are awarded to subgrantees through a made. The grantee must request for actual cash disbursements. In the State, the subgrantees are not held approval to recover its product event the grantee continues to be accountable for interest earned on development, reproduction, and deficient, the Institute may suspend advances of project funds. Local units of dissemination costs as specified in reimbursement payments until the government and nonprofit organizations section X.V. deficiencies are corrected. that are direct grantees must refund any 5. Other d. Principle of Minimum Cash on interest earned. Grantees shall ensure Hand. Recipient organizations should Other project income shall be treated minimum balances in their respective request funds based upon immediate in accordance with disposition grant cash accounts. disbursement requirements. Grantees instructions set forth in the grant’s terms should time their requests to ensure that 2. Royalties and conditions. cash on hand is the minimum needed The grantee/subgrantee may retain all G. Payments and Financial Reporting for disbursements to be made royalties received from copyrights or Requirements immediately or within a few days. Idle funds in the hands of subgrantees will other works developed under projects or 1. Payment of Grant Funds from patents and inventions, unless the impair the goals of good cash The procedures and regulations set terms and conditions of the grant management. forth below are applicable to all provide otherwise. Institute grant funds and grantees. 2. Financial Reporting 3. Registration and Tuition Fees a. Request for Advance or a. General Requirements. In order to Reimbursement of Funds. Grantees will obtain financial information concerning Registration and tuition fees shall be receive funds on a ‘‘Check-Issued’’ the use of funds, the Institute requires used to pay project-related costs not basis. Upon receipt, review, and that grantees/subgrantees of these funds covered by the grant, or to reduce the approval of a Request for Advance or submit timely reports for review. amount of grant funds needed to Reimbursement by the Institute, a check Three copies of the Financial Status support the project. Registration and will be issued directly to the grantee or Report are required from all grantees, tuition fees may be used for other its designated fiscal agent. A request other than recipients of scholarships purposes only with the prior written must be limited to the grantee’s under section II.B.2.b.iii., for each active approval of the Institute. Estimates of immediate cash needs. The Request for quarter on a calendar-quarter basis. This registration and tuition fees, and any Advance or Reimbursement, along with report is due within 30 days after the expenses to be offset by the fees, should the instructions for its preparation, will close of the calendar quarter. It is be included in the application budget be included in the official Institute designed to provide financial forms and narrative. award package. information relating to Institute funds, Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55461

State and local matching shares, project c. Consultants. The written prior proposal and submit it to the Institute income, and any other sources of funds approval of the Institute is required within three months after the start of the for the project, as well as information on when the rate of compensation to be grant period to assure recovery of the obligations and outlays. A copy of the paid a consultant exceeds $300 a day. full amount of allowable indirect costs. Financial Status Report, along with Institute funds may not be used to pay The rate must be developed in instructions for its preparation, will be a consultant at a rate in excess of $900 accordance with principles and included in the official Institute Award per day. procedures appropriate to the type of package. In circumstances where an 3. Travel Costs grantee institution involved as specified organization requests substantial in the applicable OMB Circular. Copies payments for a project prior to the Transportation and per diem rates of OMB Circulars may be obtained completion of a given quarter, the must comply with the policies of the directly from OMB by calling (202) 395– Institute may request a brief summary of applicant organization. If the applicant 7250. the amount requested, by object class, in does not have an established written c. No Approved Plan. If an indirect support of the Request for Advance or travel policy, then travel rates shall be cost proposal for recovery of actual Reimbursement. consistent with those established by the indirect costs is not submitted to the b. Additional Requirements for Institute or the Federal Government. Institute within three months after the Renewal Grants. Grantees receiving a Institute funds may not be used to cover start of the grant period, indirect costs continuation or on-going support grant the transportation or per diem costs of will be irrevocably disallowed for all should number their quarterly Financial a member of a national organization to months prior to the month that the Status Reports on a grant rather than a attend an annual or other regular indirect cost proposal is received. This project basis. For example, the first meeting of that organization. policy is effective for all grant awards. quarterly report for a continuation grant 4. Indirect Costs I. Procurement and Property or each year of an on-going support These are costs of an organization that Management Standards award should be number 1, the second are not readily assignable to a particular number 2, etc. 1. Procurement Standards project, but are necessary to the 3. Consequences of Non-Compliance operation of the organization and the For State and local governments, the With Submission Requirements performance of the project. The cost of Institute adopts the standards set forth operating and maintaining facilities, in Attachment O of OMB Circular A– Failure of the grantee organization to 102. Institutions of higher education, submit required financial and program depreciation, and administrative salaries are examples of the types of hospitals; other non-profit organizations reports may result in a suspension or will be governed by the standards set termination of grant payments. costs that are usually treated as indirect costs. It is the policy of the Institute that forth in Attachment O of OMB Circular H. Allowability of Costs all costs should be budgeted directly; A–110. 1. General however, if a recipient has an indirect 2. Property Management Standards cost rate approved by a Federal agency The property management standards Except as may be otherwise provided as set forth below, the Institute will as prescribed in Attachment N of OMB in the conditions of a particular grant, accept that rate. cost allowability shall be determined in a. Approved Plan Available. i. The Circulars A–102 and A–110 shall be accordance with the principles set forth Institute will accept an indirect cost rate applicable to all grantees and in OMB Circulars A–87, Cost Principles or allocation plan approved for a grantee subgrantees of Institute funds except as for State and Local Governments; A–21, during the preceding two years by any provided in section X.O. All grantees/subgrantees are required Cost Principles Applicable to Grants Federal granting agency on the basis of to be prudent in the acquisition and and Contracts with Educational allocation methods substantially in management of property with grant Institutions; and A–122, Cost Principles accord with those set forth in the funds. If suitable property required for for Non-Profit Organizations. No costs applicable cost circulars. A copy of the the successful execution of projects is may be recovered to liquidate approved rate agreement must be already available within the grantee or obligations which are incurred after the submitted to the Institute. approved grant period. Copies of these ii. Where flat rates are accepted in subgrantee organization, expenditures of circulars may be obtained from OMB by lieu of actual indirect costs, grantees grant funds for the acquisition of new calling (202) 395–7250. may not also charge expenses normally property will be considered unnecessary. 2. Costs Requiring Prior Approval included in overhead pools, e.g., accounting services, legal services, J. Audit Requirements a. Pre-agreement Costs. The written building occupancy and maintenance, 1. Implementation prior approval of the Institute is etc., as direct costs. required for costs which are considered iii. Organizations with an approved Each recipient of a grant from the necessary to the project but occur prior indirect cost rate, utilizing total direct Institute other than a scholarship, to the award date of the grant. costs as the base, usually exclude curriculum adaptation, or technical b. Equipment. Grant funds may be contracts under grants from any assistance grant (including a State or used to purchase or lease only that overhead recovery. The negotiated local court receiving a subgrant from the equipment which is essential to agreement will stipulate that contracts State Supreme Court) shall provide for accomplishing the goals and objectives are excluded from the base for overhead an annual fiscal audit. The audit may be of the project. The written prior recovery. of the entire grantee organization (e.g., approval of the Institute is required b. Establishment of Indirect Cost a university) or of the specific project when the amount of automated data Rates. In order to be reimbursed for funded by the Institute. Audits processing (ADP) equipment to be indirect costs, a grantee or organization conducted in accordance with the purchased or leased exceeds $10,000 or must first establish an appropriate Single Audit Act of 1984 and OMB the software to be purchased exceeds indirect cost rate. To do this, the grantee Circular A–128, or OMB Circular A–133 $3,000. must prepare an indirect cost rate will satisfy the requirement for an 55462 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices annual fiscal audit. The audit shall be unliquidated obligations and must aggregate, exceed or are expected to conducted by an independent Certified indicate the exact balance of exceed five percent of the approved Public Accountant, or a State or local unobligated funds. Any unobligated/ original budget or the most recently agency authorized to audit government unexpended funds will be deobligated approved revised budget. For the agencies. from the award by the Institute. Final purposes of this section, the Institute Grantees who receive funds from a payment requests for obligations will view budget revisions Federal agency and who satisfy audit incurred during the award period must cumulatively. requirements of the cognizant Federal be submitted to the Institute prior to the For continuation and on-going agency should submit a copy of the end of the 90-day close-out period. support grants, funds from the original audit report prepared for that Federal Grantees on a check-issued basis, who award may be used during the renewal agency to the Institute in order to satisfy have drawn down funds in excess of grant period and funds awarded by a the provisions of this section. Cognizant their obligations/expenditures, must continuation or on-going support grant Federal agencies do not send reports to return any unused funds as soon as it is may be used to cover project-related the Institute. Therefore, each grantee determined that the funds are not expenditures incurred during the must send this report directly to the required. In no case should any unused original award period, with the prior Institute. funds remain with the grantee beyond written approval of the Institute. 2. Resolution and Clearance of Audit the submission date of the final 2. A change in the scope of work to Reports financial status report. be performed or the objectives of the b. Final Progress Report. This report project (see section XII.D.). Timely action on recommendations should describe the project activities 3. A change in the project site. by responsible management officials is during the final calendar quarter of the 4. A change in the project period, an integral part of the effectiveness of an project and the close-out period, such as an extension of the grant period audit. Each grant recipient shall have including to whom project products policies and procedures for acting on and/or extension of the final financial or have been disseminated; provide a progress report deadline (see section audit recommendations by designating summary of activities during the entire officials responsible for: follow-up, XII.E.). project; specify whether all the 5. Satisfaction of special conditions, if maintaining a record of the actions objectives set forth in the approved taken on recommendations and time required. application or an approved adjustment 6. A change in or temporary absence schedules, responding to and acting on thereto have been met and, if any of the audit recommendations, and submitting of the project director (see sections objectives have not been met, explain XII.F. and G.). periodic reports to the Institute on the reasons therefor; and discuss what, recommendations and actions taken. 7. The assignment of an employee or if anything, could have been done consultant to a key staff position whose 3. Consequences of Non-Resolution of differently that might have enhanced qualifications were not described in the Audit Issues the impact of the project or improved its application, or a change of a person It is the general policy of the State operation. assigned to a key project staff position Justice Institute not to make new grant 3. Extension of Close-out Period (see section X.X.). awards to an applicant having an 8. A change in or temporary absence Upon the written request of the unresolved audit report involving of the person responsible for the grantee, the Institute may extend the Institute awards. Failure of the grantee financial management and financial close-out period to assure completion of organization to resolve audit questions reporting for the grant. the Grantee’s close-out requirements. may also result in the suspension or 9. A change in the name of the grantee Requests for an extension must be termination of payments for active organization. submitted at least 14 days before the Institute grants to that organization. 10. A transfer or contracting out of end of the close-out period and must grant-supported activities (see section K. Close-Out of Grants explain why the extension is necessary XII.H.). and what steps will be taken to assure 1. Definition that all the grantee’s responsibilities 11. A transfer of the grant to another Close-out is a process by which the will be met by the end of the extension recipient. Institute determines that all applicable period. 12. Preagreement costs, the purchase administrative and financial actions and of automated data processing equipment all required work of the grant have been XII. Grant Adjustments and software, and consultant rates, as completed by both the grantee and the All requests for program or budget specified in section XI.H.2. Institute. adjustments requiring Institute approval 13. A change in the nature or number must be submitted in a timely manner of the products to be prepared or the 2. Grantee Close-Out Requirements by the project director. All requests for manner in which a product would be Within 90 days after the end date of changes from the approved application distributed. the grant or any approved extension will be carefully reviewed for both B. Request for Grant Adjustments thereof (See section XI.K.3), the consistency with this Guideline and the following documents must be submitted enhancement of grant goals and All grantees and subgrantees must to the Institute by the grantee other than objectives. promptly notify their SJI program a recipient of a scholarship under manager, in writing, of events or section II.B.2.b.iii. These reporting A. Grant Adjustments Requiring Prior proposed changes which may require an requirements apply at the conclusion of Written Approval adjustment to the approved application. any non-scholarship grant, even when There are several types of grant In requesting an adjustment, the grantee the project will receive renewal funding adjustments which require the prior must set forth the reasons and basis for through a continuation or on-going written approval of the Institute. the proposed adjustment and any other support grant. Examples of these adjustments include: information the program manager a. Financial Status Report. The final 1. Budget revisions among direct cost determines would help the Institute’s report of expenditures must have no categories which, individually or in the review. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55463

C. Notification of Approval/Disapproval grant may be terminated if the Ms. Stephanie J. Cole, Administrative qualifications of the proposed Director, Alaska Court System, 303 K If the request is approved, the grantee Street, Anchorage, AK 99501, (907) 264– will be sent a Grant Adjustment signed individual are not approved in advance by the Institute. 0547 by the Executive Director or his Mr. David K. Byers, Administrative Director, designee. If the request is denied, the H. Transferring or Contracting Out of Supreme Court of Arizona, 1501 West grantee will be sent a written Grant-Supported Activities Washington Street, Suite 411, Phoenix, AZ explanation of the reasons for the 85007–3330, (602) 542–9301 A principal activity of the grant- denial. Mr. James D. Gingerich, Director, supported project shall not be Administrative Office of the Courts, 625 D. Changes in the Scope of the Grant transferred or contracted out to another Marshall, Little Rock, AR 72201, (501) A grantee/subgrantee may make organization without specific prior 682–9400 approval by the Institute. All such Mr. William C. Vickrey, State Court minor changes in methodology, Administrator, Administrative Office of the approach, or other aspects of the grant arrangements should be formalized in a contract or other written agreement Courts, 303 Second Street, South Tower, to expedite achievement of the grant’s San Francisco, CA 94107, (415) 396–9115 objectives with subsequent notification between the parties involved. Copies of Mr. Steven V. Berson, State Court of the SJI program manager. Major the proposed contract or agreement Administrator, Colorado Judicial changes in scope, duration, training must be submitted for prior approval at Department, 1301 Pennsylvania Street, methodology, or other significant areas the earliest possible time. The contract Suite 300, Denver, CO 80203–2416, (303) must be approved in advance by the or agreement must state, at a minimum, 861–1111, ext. 585 Institute. the activities to be performed, the time Honorable Aaron Ment, Chief Court schedule, the policies and procedures to Administrator, Supreme Court of E. Date Changes be followed, the dollar limitation of the Connecticut, 231 Capitol Avenue, Drawer A request to change or extend the N, Station A, Hartford, CT 06106, (860) agreement, and the cost principles to be 566–4461 grant period must be made at least 30 followed in determining what costs, Mr. Lawrence P. Webster, Director, days in advance of the end date of the both direct and indirect, are to be Administrative Office of the Courts, Carvel grant. A revised task plan should allowed. The contract or other written State Office Building, 820 N. French Street, accompany requests for a no-cost agreement must not affect the grantee’s Wilmington, DE 19801, (302) 577–2480 extension of the grant period, along with overall responsibility for the direction of Mr. Ulysses Hammond, Executive Officer, a revised budget if shifts among budget the project and accountability to the Courts of the District of Columbia, 500 categories will be needed. A request to Institute. Indiana Avenue, N.W., Washington, D.C. change or extend the deadline for the 20001, (202) 879–1700 final financial report or final progress State Justice Institute Board of Mr. Kenneth Palmer, State Courts report must be made at least 14 days in Directors Administrator, Florida State Courts System, Supreme Court Building, advance of the report deadline (see Robert A. Miller, Chairman, Chief Justice, Tallahassee, FL 32399–1900, (904) 922– section XI.K.3.). Supreme Court of South Dakota, Pierre, SD 5081 Joseph F. Baca, Vice-Chairman, Justice, New Mr. Hulett Askew, Interim Director, F. Temporary Absence of the Project Mexico Supreme Court, Santa Fe, NM Director Administrative Office of the Georgia Sandra A. O’Connor, Secretary, States Courts, The Judicial Council of Georgia, Whenever absence of the project Attorney of Baltimore County, Towson, 244 Washington Street, S.W., Suite 500, director is expected to exceed a MD Atlanta, GA 30334–5900, (404) 656–5171 continuous period of one month, the Terrence B. Adamson, Esq., Executive Daniel J. Tydingco, Administrative Director, Committee Member, Senior Vice-President, plans for the conduct of the project Superior Court of Guam, Judiciary The National Geographic Society, Building, 120 West O’Brien Drive, Agana, director’s duties during such absence Washington, D.C must be approved in advance by the Guam 96910, 011 (671) 475–3544 Mr. Robert N. Baldwin, State Court Mr. Michael F. Broderick, Administrative Institute. This information must be Administrator, Supreme Court of Virginia, Director of the Courts, 417 S. King Street, provided in a letter signed by an Richmond, VA Room 206, Honolulu, HI 96813, (808) 539– authorized representative of the grantee/ Carlos R. Garza, Esq., Administrative Judge 4900 subgrantee at least 30 days before the (ret.), Vienna, VA Ms. Patricia Tobias, Administrative Director departure of the project director, or as Sophia H. Hall, Presiding Judge, Juvenile of the Courts, Idaho Supreme Court, 451 soon as it is known that the project Court, Circuit Court of Cook County, West State Street, Boise, ID 83720–0101, Chicago, IL director will be absent. The grant may (208) 334–2246 Tommy Jewell, District Judge, Albuquerque, Honorable Joseph A. Schillaci, be terminated if arrangements are not NM approved in advance by the Institute. Administrative Director of the Courts, 222 Keith McNamara, Esq., McNamara & N. LaSalle Street, 13th Floor, Chicago, IL G. Withdrawal of/Change in Project McNamara, Columbus, OH 60601, (312) 793–8191 Florence K. Murray, Justice (ret.), Supreme Director Ms. Lilia G. Judson, Executive Director, Court of Rhode Island, Providence, RI Supreme Court of Indiana, 115 W. If the project director relinquishes or Janie L. Shores, Associate Justice, Alabama Washington, Suite 1080, Indianapolis, IN expects to relinquish active direction of Supreme Court, Birmingham, AL 46204–3417, (317) 232–2542 the project, the Institute must be David I. Tevelin, Executive Director (ex Mr. William J. O’Brien, State Court notified immediately. In such cases, if officio) Administrator, Supreme Court of Iowa, the grantee/subgrantee wishes to David I. Tevelin, State House, Des Moines, IA 50319, (515) terminate the project, the Institute will Executive Director. 281–5241 Dr. Howard P. Schwartz, Judicial forward procedural instructions upon Appendix I—List of State Contacts notification of such intent. If the grantee Administrator, Kansas Judicial Center, 301 Regarding Administration of Institute Grants West 10th Street, Topeka, KS 66612, (913) wishes to continue the project under the to State and Local Courts 296–4873 direction of another individual, a Mr. Frank Gregory, Administrative Director, Mr. Paul F. Isaacs, Administrative Director, statement of the candidate’s Administrative Office of the Courts, 300 Administrative Office of the Courts, 100 qualifications should be sent to the Dexter Avenue, Montgomery, AL 36130, Mill Creek Park, Frankfort, KY 40601– Institute for review and approval. The (205) 834–7990 9230, (502) 573–2350 55464 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Dr. Hugh M. Collins, Judicial Administrator, Mr. Howard W. Conyers, Administrative Alaska Supreme Court of Louisiana, 301 Loyola Director, Administrative Office of the Anchorage Law Library Avenue, Room 109, New Orleans, LA Courts, 1925 N. Stiles, Suite 305, 70112, (504) 568–5747 Oklahoma City, OK 73105, (405) 521–2450 Ms. Cynthia S. Fellows, State Law Librarian, Mr. James T. Glessner, State Court Ms. Kingsley Click, State Court Alaska State Court Law Library, 820 W. Administrator, Administrative Office of the Administrator, Supreme Court of Oregon, Fourth Ave., Anchorage, AK 99501, (907) Courts, P.O. Box 4820, Downtown Station, Supreme Court Building, Salem, OR 97310, 264–0583 Portland, ME 04112–4820, (207) 822–0792 (503) 986–5900 Arizona Mr. George B. Riggin, Jr., State Court Ms. Nancy M. Sobolevitch, Court State Law Library Administrator, Administrative Office of the Administrator, Supreme Court of Courts, Courts of Appeal Bldg., 361 Rowe Pennsylvania, 1515 Market Street, Suite Ms. Gladys Ann Wells, Collection Boulevard, Annapolis, MD 21401, (410) 1414, Philadelphia, PA 19102, (215) 560– Development, Research Division, Arizona 974–2141 6337 Dept. of Library, Archives and Public Honorable John J. Irwin, Jr., Chief Justice for Dr. Robert C. Harrall, State Court Records, State Law Library 1501 W. Administration and Management, The Administrator, Supreme Court of Rhode Washington, Phoenix, AZ 85007, (602) Trial Court, Administrative Office of the Island, 250 Benefit Street, Providence, RI 542–4035 Trial Court, Two Center Plaza, Suite 540, 02903, (401) 277–3263 Arkansas Boston, MA 02108, (617) 742–8575 Ms. Mary Schroeder, Interim Director, South Mr. John D. Ferry, Jr., State Court Carolina Court Administration, P.O. Box Administrative Office of the Courts Administrator, Michigan Supreme Court, 50447, Columbia, SC 29250, (803) 734– Mr. James D. Gingerich, Director, Supreme 309 N. Washington Square, P.O. Box 1800 Court of Arkansas, Administrative Office of 30048, Lansing, MI 48909, (517) 373–0130 Mr. Michael L. Buenger, State Court the Courts, Justice Building, 625 Marshall, Ms. Sue K. Dosal, State Court Administrator, Administrator, Unified Judicial System, Little Rock, AR 72201–1078, (501) 682– Supreme Court of Minnesota, 25 500 East Capitol Avenue, Pierre, SD 57501, 9400 Constitution Avenue, St. Paul, MN 55155, (617) 296–2474 (605) 773–3474 California Mr. Charles E. Ferrell, Administrative Mr. Richard Patt, Director, Administrative Administrative Office of the Courts Office of the Courts, Supreme Court of Director of the Courts, Nashville City Mississippi, P.O. Box 117, Jackson, MS Center, Suite 600, 511 Union Street, Mr. William C. Vickrey, State Court 39205, (601) 354–7408 Nashville, TN 37243–0607, (615) 741–2687 Administrator, Administrative Office of the Mr. Ron Larkin, State Court Administrator, Mr. Jerry L. Benedict, Administrative Courts, 303 Second Street, South Tower, Supreme Court of Missouri, P.O. Box Director, Office of Court Administration of San Francisco, CA 94107, (415) 396–9100 the Texas Judicial System, 205 West 14th 104480, Jefferson City, MO 65110, (314) Colorado 751–3585 Street, Suite 600, Austin, TX 78701, (512) Mr. Patrick A. Chenovick, State Court 463–1625 Supreme Court Library Administrator, Montana Supreme Court, Mr. Daniel Becker, State Court Administrator, Ms. Lois Calvert, Supreme Court Law Justice Building, Room 315, 215 North Administrative Office of the Courts, 230 Librarian, Colorado State Judicial Building, Sanders, Helena, MT 59620–3001, (406) South 500 East, Salt Lake City, UT 84102, 2 East 14th Avenue, Denver, CO 80203, 444–2621 (801) 578–3800 (303) 837–3720 Mr. Joseph C. Steele, State Court Mr. Lee Suskin, Court Administrator, Administrator, Supreme Court of Nebraska, Supreme Court of Vermont, 109 State Connecticut State Capitol Building, Room 1220, Street, Montpelier, VT 05602, (802) 828– State Library Lincoln, NE 68509, (404) 471–3730 3278 Ms. Denise D. Jernigan, Head, Law/ Ms. Karen Kavenau, Court Administrator, Ms. Viola E. Smith, Clerk of the Court/ Legislative Reference Unit, Connecticut Administrative Office of the Courts, Administrator, Territorial Court of the State Library, Hartford, CT 06106, (860) Capitol Complex, Carson City, NV 89710, Virgin Islands, P.O. Box 70, 25 Charlotte 566–2516 (702) 687–5076 Amalie, St. Thomas, Virgin Islands 00801, Mr. Donald Goodnow, State Court (809) 774–6680, ext. 248 Delaware Administrator, Supreme Court of New Mr. Robert N. Baldwin, Executive Secretary, Administrative Office of the Courts Hampshire, Frank Rowe Kenison Building, Supreme Court of Virginia, 100 North Mr. Michael E. McLaughlin, Deputy Director, Concord, NH 03301, (603) 271–2521 Ninth Street, 3rd Floor, Richmond, VA Administrative Office of the Courts, Carvel Mr. James J. Ciancia, Administrative Director, 23219, (804) 786–6455 State Office Building, 820 North French Administrative Office of the Courts, CN– Ms. Mary C. McQueen, Administrator for the Street, 11th Floor, P.O. Box 8911, 037, RJH Justice Complex, Trenton, NJ Courts, Supreme Court of Washington, P.O. Wilmington, DE 19801, (302) 577–8481 08625, (609) 984–0275 Box 41174, Olympia, WA 98504, (360) Honorable Jonathan Lippman, Chief 357–2121 District of Columbia Administrative Judge, Office of Court Mr. Ted J. Philyaw, Administrative Director Executive Office, District of Columbia Courts Administration, 270 Broadway, New York, of the Courts, E–400, State Capitol Bldg., NY 10007, (212) 417–2007 1900 Kanawha Blvd., East, Charleston, WV Mr. Ulysses Hammond, Executive Officer, Mr. John M. Greacen, State Court 25305, (304) 558–0145 District of Columbia Courts, 500 Indiana Administrator, Administrative Office of the Mr. J. Denis Moran, Director of State Courts, Avenue, N.W., Washington, D.C. 20001, Courts, Supreme Court of New Mexico, P.O. Box 1688, Madison, WI 53701–1688, (202) 879–1700 Supreme Court Building, Room 25, Sante (608) 266–6828 Florida Fe, NM 87503, (505) 827–4800 Ms. Nancy E. Rutledge, Court Administrator, Administrative Office of the Courts Mr. Dallas A. Cameron, Jr., Administrative Supreme Court of Wyoming, Supreme Mr. Kenneth Palmer, State Court Director, Administrative Office of the Court Building, Cheyenne, WY 82002, Administrator, Florida State Courts Courts, P.O. Box 2448, Raleigh, NC 27602, (307) 777–7480 (919) 733–7107 System, Supreme Court Building, Mr. Keithe E. Nelson, State Court Appendix II—SJI Libraries: Designated Sites Tallahassee, FL 32399–1900, (904) 488– Administrator, Supreme Court of North and Contacts 8621 Dakota, State Capitol Building, Bismarck, Alabama Georgia ND 58505, (701) 328–4216 Mr. Stephan W. Stover, Administrative Supreme Court Library Administrative Office of the Courts Director of the Courts, Supreme Court of Mr. Timothy A. Lewis, State Law Librarian, Mr. Hulett H. Askew, Interim Director, AOC, Ohio, State Office Tower, 30 East Broad Alabama Supreme Court Bldg., 300 Dexter The Judicial Council of Georgia, 244 Street, Columbus, OH 43266–0419, (614) Avenue, Montgomery, AL 36104, (334) Washington St., S.W., Suite 550, Atlanta, 466–2653 242–4347 GA 30334–5900, (404) 656–5171 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55465

Hawaii Michigan East Boulevard Avenue, Dept. 182, 2nd Supreme Court Library Michigan Judicial Institute Floor, Judicial Wing, Bismarck, ND 58505– Ms. Ann Koto, State Law Librarian, The Mr. Kevin Bowling, Director, Michigan 0540, (701) 328–2229 Supreme Court Law Library, 417 South Judicial Institute, 222 Washington Square Northern Mariana Islands King St., Room 119, Honolulu, HI 96813, North, P.O. Box 30205, Lansing, MI 48909, (808) 539–4965 (517) 334–7804 Supreme Court of the Northern Mariana Islands Idaho Minnesota Honorable Marty W. K. Taylor, Chief Justice, AOC Judicial Education Library / State Law State Law Library (Minnesota Judicial Center) Supreme Court of the Northern Mariana Library Mr. Marvin R. Anderson, State Law Islands, P.O. Box 2165, Saipan, MP 96950, Ms. Beth Peterson, State Law Librarian, Idaho Librarian, Supreme Court of Minnesota, 25 (670) 234–5275 State Law Library, Supreme Court Constitution Avenue, St. Paul, MN 55155, Building, 451 West State St., Boise, ID (612) 297–2084 Ohio 83720, (208) 334–3316 Mississippi Supreme Court Library Illinois Mississippi Judicial College Mr. Paul S. Fu, Law Librarian, Supreme Supreme Court Library Mr. Leslie Johnson, Director, University of Court Law Library, Supreme Court of Ohio, Ms. Brenda Larison, Supreme Court of Mississippi, P.O. Box 8850, University, MS 30 East Broad Street, Columbus, OH Illinois Library, 200 East Capitol Avenue, 38677, (601) 232–5955 43266–0419, (614) 466–2044 Springfield, IL 62701–1791, (217) 782– 2425 Montana Oklahoma State Law Library Administrative Office of the Courts Indiana Ms. Judith Meadows, State Law Librarian, Supreme Court Library Mr. Howard W. Conyers, Director, State Law Library of Montana, 215 North Administrative Office of the Courts, 1915 Dennis Lager, Supreme Court Librarian, Sanders, Helena, MT 59620, (406) 444– North Stiles, Suite 305, Oklahoma City, OK Supreme Court Library, State House, Room 3660 316, Indianapolis, IN 46204, (317) 232– 73105, (405) 521–2450 Nebraska 2557 Oregon Administrative Office of the Courts Iowa Administrative Office of the Courts Mr. Joseph C. Steele, State Court Administrative Office of the Court Administrator, Supreme Court of Nebraska, Ms. Kingsley Click, State Court Dr. Jerry K. Beatty, Executive Director, Administrative Office of the Courts, P.O. Administrator, Supreme Court of Oregon, Judicial, Education & Planning, Box 98910, Lincoln, NE 68509–8910, (402) Supreme Court Building, 1163 State Street, Administrative Office of the Courts, State 471–3730 Salem, OR 97310, (503) 378–6046 Capital Building, Des Moines, IA 50319, (515) 281–8279 Nevada Pennsylvania National Judicial College Kansas State Library of Pennsylvania Honorable V. Robert Payant, President, Supreme Court Library National Judicial College, Judicial College Ms. Sharon Anderson, State Justice Mr. Fred Knecht, Law Librarian, Kansas Building, University of Nevada, Reno, NV Depository, State Library of Pennsylvania, Supreme Court Library, 301 West 10th 89550, (702) 784–6747 Collection Management, Room G–48 Street, Topeka, KS 66612, (913) 296–3257 Forum Building, P.O. Box 1601, New Jersey Harrisburg, PA 17105–1601, (717) 787– Kentucky New Jersey State Library 5718 State Law Library Marjorie Garwig, Supervising Law Librarian, Puerto Rico Ms. Sallie Howard, State Law Librarian, State New Jersey State Law Library, 185 West Law Library, State Capital, Room 200, State Street, P.O. Box 520, Trenton, NJ Office of Court Administration Frankfort, KY 40601, (502) 564–4848 08625–0250, (609) 292–6230 Alfredo Rivera-Mendoza, Esq., Director, Area Louisiana New Mexico of Planning and Management, Office of State Law Library Supreme Court Library Court Administration, P.O. Box 917, Hato Rey, R 00919 Ms. Carol Billings, Director, Louisiana Law Mr. Thaddeus Bejnar, Librarian, Supreme Library, 301 Loyola Avenue, New Orleans, Court Library, Post Office Drawer L, Santa Rhode Island LA 70112, (504) 568–5705 Fe, NM 87504, (505) 827–4850 Roger Williams Law School Library, Maine New York Mr. Kendall Svengalis, Law Librarian, Licht State Law and Legislative Reference Library Supreme Court Library Judicial Complex, 250 Benefit Street, Ms. Lynn E. Randall, State Law Librarian, 43 Ms. Colleen Stella, Principal Law Librarian, Providence, RI, (401) 254–4546 State House Station, Augusta, ME 04333, New York State Supreme, Court Law South Carolina (207) 287–1600 Library, Onondaga County Court House, 401 Montgomery Street, Syracuse, NY Coleman Karesh Law Library Maryland 13202, (315) 435–2063 (University of South Carolina School of Law) State Law Library North Carolina Mr. Bruce S. Johnson, Law Librarian, Mr. Michael S. Miller, Director, Maryland Supreme Court Library Associate Professor of Law, Coleman State Law Library, Court of Appeal Karesh Law Library, U. S. C. Law Center, Building, 361 Rowe Boulevard, Annapolis, Ms. Louise Stafford, Librarian, North University of South Carolina, Columbia, SC MD 21401, (410) 260–1430 Carolina Supreme Court Library, P.O. Box 28006, 2 East Morgan Street, Raleigh, NC 29208, (803) 777–5944 Massachusetts 27601, (919) 733–3425 Tennessee Middlesex Law Library North Dakota Tennessee State Law Library Ms. Sandra Lindheimer, Librarian, Middlesex Law Library, Superior Court House, 40 Supreme Court Library Administrative Office of the Courts, State of Thorndike Street, Cambridge, MA 02141, Ms. Marcella Kramer, Assistant Law Tennessee, 511 Union, Nashville, TN (617) 494–4148 Librarian, Supreme Court Law Library, 600 37243–0607, (615) 741–2687 55466 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Texas JERITT Courts (National Center for State Courts: State Law Library Ms. Jennae Rozeboom, Project Director, SJI–90–052) Managerial Budgeting in the Courts; Ms. Kay Schleuter, Director, State Law Judicial Education Reference, Information Performance Appraisal in the Courts; Library, P.O. Box 12367, Austin, TX 78711, and Technical Transfer Project (JERITT), Managing Change in the Courts; Court (512) 463–1722 Michigan State University, 560 Baker Hall, East Lansing, MI 48824, (517) 353–8603 Automation Design; Case Management for U.S. Virgin Islands Trial Judges; Trial Court Performance Appendix III—Illustrative List of Model Standards (Institute for Court Management/ Library of the Territorial Court of the Virgin Curricula Islands (St. Thomas) National Center for State Courts: SJI–91– The following list includes examples 043) Librarian, The Library, Territorial Court of of curricula that have been developed Implementing the Court-Related Needs of the Virgin Islands, Post Office Box 70, Charlotte Amalie, St. Thomas, U.S. Virgin with support from SJI, that might be— Older Persons and Persons with Islands 00804 or in some cases have been— Disabilities (National Judicial College: SJI– successfully adapted for State-based 91–054) Utah education programs for judges and other Strengthening Rural Courts of Limited Utah State Judicial Administration Library court personnel. Please refer to Section Jurisdiction and Team Training for Judges and Clerks (Rural Justice Center: SJI–90– Ms. Debbie Christiansen, Utah State Judicial, II.B.2.b.ii. for information on submitting Administration Library, AOC, 450 South 014, SJI–91–082) a letter application for a Curriculum Interbranch Relations Workshop (Ohio State, P.O. Box 140241, Salt Lake City, UT Adaptation Grant. A list of all SJI- 84114–0241, (801) 533–6371 Judicial Conference: SJI–92–079) supported education projects is Integrating Trial Management and Caseflow Vermont available from the Institute, and on the Management (Justice Management Supreme Court of Vermont SJI website—www.clark.net/pub/sji. Institute: SJI–93–214) Mr. Lee Suskin, Court Administrator, Please also check with the JERITT Leading Organizational Change (California Supreme Court of Vermont, 109 State project (517/353–8603) and with your Administrative Office of the Courts: SJI– Street c/o Pavilion Office Building, State SJI-designated library (see 94–068) Montpelier, VT 05609, (802) 828–3278 Appendix II) for information on other Privacy Issues in Computerized Court Record Keeping: An Instructional Guide for Judges Virginia SJI-supported curricula that may be appropriate for your State’s needs. and Judicial Educators (National Judicial Administrative Office of the Courts College: SJI–94–015) Alternative Dispute Resolution Mr. Robert N. Baldwin, Executive Secretary, Managing Mass Tort Cases (National Judicial Supreme Court of Virginia, Administrative Judicial Settlement Manual (National Judicial College: SJI–94–141) Offices, 100 North Ninth Street, 3rd Floor, College: SJI–89–089) Employment Responsibilities of State Court Richmond, VA 23219, (804) 786–6455 Improving the Quality of Dispute Resolution Judges (National Judicial College: SJI–95– (Ohio State University College of Law: SJI– 025) Washington 93–277) Dealing with the Common Law Courts: A Washington State Law Library Comprehensive ADR Curriculum for Judges Model Curriculum for Judges and Court (American Bar Association: SJI–95–002) Ms. Deborah Norwood, State Law Librarian, Staff (Institute for Court Management/ Domestic Violence and Custody Mediation Washington State Law Library, Temple of National Center for State Courts: SJI–96– (American Bar Association: SJI–96–038) Justice, P.O. Box 40751, Olympia, WA 159) 98504–0751, (206) 357–2136 Court Coordination Courts and Communities West Virginia Adjudication of Farm Credit Issues (Rural A National Program for Reporting on the Justice Center: SJI–87–059) Administrative Office of the Courts Courts and the Law (American Judicature Bankruptcy Issues for State Trial Court Society: SJI–88–014) Mr. Richard H. Rosswurm, Chief Deputy, Judges (American Bankruptcy Institute: Victim Rights and the Judiciary: A Training SJI–91–027) West Virginia Supreme Court of Appeals, and Implementation Project (National Intermediate Sanctions Handbook: State Capitol, 1900 Kanawha, Charleston, ‘‘Organization for Victim Assistance: SJI– WV 25305, (304) 348–0145 Experiences and Tools for Policymakers 89–083) (Center for Effective Public Policy: IAA– Wisconsin 88–NIC–001) National Guardianship Monitoring Project: State Law Library Regional Conference Cookbook: A Practical Trainer and Trainee’s Manual (American Association of Retired Persons: SJI–91– Ms. Marcia Koslov, State Law Librarian, State Guide to Planning and Presenting a Regional Conference on State-Federal 013) Law Library, 310E State Capitol, P.O. Box Access to Justice: The Impartial Jury and the 7881, Madison, WI 53707, (608) 266–1424 Judicial Relationships (U.S. Court of Appeals for the 9th Circuit: SJI–92–087) Justice System and When Implementing Wyoming Bankruptcy Issues and Domestic Relations the Court-Related Needs of Older People Wyoming State Law Library Cases (American Bankruptcy Institute: SJI– and Persons with Disabilities: An 96–175) Instructional Guide (National Judicial Ms. Kathy Carlson, Law Librarian, Wyoming College: SJI–91–054) Court Management State Law Library, Supreme Court You Are the Court System: A Focus on Building, 2301 Capitol Avenue, Cheyenne, Managing Trials Effectively: A Program for Customer Service (Alaska Court System: WY 82002, (307) 777–7509 State Trial Judges (National Center for State SJI–94–048) National Courts/National Judicial College: SJI–87– Serving the Public: A Curriculum for Court 066/067, SJI–89–054/055, SJI–91–025/026) Employees (American Judicature Society: American Judicature Society Caseflow Management Principles and SJI–96–040) Ms. Clara Wells, Assistant for Information Practices (Institute for Court Management/ Courts and Their Communities: Local and Library Services, 25 East Washington National Center for State Courts: SJI–87– Planning and the Renewal of Public Trust Street, Suite 1600, Chicago, IL 60602, (312) 056) and Confidence: A California Statewide 558–6900 Judicial Education Curriculum: Teaching Conference (California Administrative Guides on Court Security, and Jury Office of the Courts: SJI–98–008) National Center for State Courts Management and Impanelment (Institute Ms. Peggy Rogers, Acquisitions/Serials for Court Management/National Center for Criminal Process Librarian, 300 Newport Avenue, State Courts: SJI–88–053) Search Warrants: A Curriculum Guide for Williamsburg, VA 23187–8798, (804) 253– A Manual for Workshops on Processing Magistrates (American Bar Association 2000 Felony Dispositions in Limited Jurisdiction Criminal Justice Section: SJI–88–035) Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55467

Diversity, Values, and Attitudes Domestic Violence & Children: Resolving Computer-Assisted Instruction for Court Troubled Families, Troubled Judges Custody and Visitation Disputes (Family Employees (Utah Administrative Office of (Brandeis University: SJI–89–071) Violence Prevention Fund: SJI–93–255) the Courts: SJI–94–012) The Crucial Nature of Attitudes and Values Adjudicating Allegations of Child Sexual Bench Trial Skills and Demeanor: An in Judicial Education (National Council of Abuse When Custody Is In Dispute Interactive Manual (National Judicial Juvenile and Family Court Judges: SJI–90– (National Judicial Education Program: SJI– College: SJI–94–058) 058) 95–019) Ethical Issues in the Election of Judges Enhancing Diversity in the Court and Handling Cases of Elder Abuse: (National Judicial College: SJI–94–142) Community (Institute for Court Interdisciplinary Curricula for Judges and Juveniles and Families in Court Management/National Center for State Court Staff (American Bar Association: SJI– Innovative Juvenile and Family Court Courts: SJI–91–043) 93–274) Training (Youth Law Center: SJI–87–060, Cultural Diversity Awareness in Nebraska Health and Science SJI–89–039) Courts from Native American Alternatives Fundamental Skills Training Curriculum for Medicine, Ethics, and the Law: to Incarceration Project (Nebraska Urban Juvenile Probation Officers (National Preconception to Birth (Women Judges Indian Health Coalition: SJI–93–028) Council of Juvenile and Family Court A Videotape Training Program in Ethics and Fund for Justice: SJI–89–062, SJI–91–019) Judges: SJI–90–017) Professional Conduct for Nonjudicial Court ‘‘Judicial Educator’s Workshop Curriculum Child Support Across State Lines: The Personnel and The Ethics Fieldbook: Tool Guide: Implementing Medical Legal Uniform Interstate Family Support Act For Trainers (American Judicature Society: Training’’ from Medical Legal Issues in from Uniform Interstate Family Support SJI–93–068) Juvenile and Family Courts (National Act: Development and Delivery of a Court Interpreter Training Course for Spanish Council for Juvenile and Family Court Judicial Training Curriculum (ABA Center Interpreters (International Institute of Judges: SJI–91–091) on Children and the Law: SJI–94–321) Buffalo: SJI–93–075) Environmental Law Resource Handbook Strategic and Futures Planning Doing Justice: Improving Equality Before the (University of New Mexico Institute for Law Through Literature-Based Seminars Public Law: SJI–92–162) Minding the Courts into the Twentieth for Judges and Court Personnel (Brandeis Century (Michigan Judicial Institute: SJI– University: SJI–94–019) Judicial Education For Appellate Court 89–029) Race Fairness and Cultural Awareness Judges An Approach to Long-Range Strategic Faculty Development Workshop (National Career Writing Program for Appellate Judges Planning in the Courts (Center for Public Judicial College: SJI–93–063) (American Academy of Judicial Education: Policy Studies: SJI–91–045) Indian Welfare Act’’; ‘‘Defendants, Victims, SJI–88–086–P92–1) Substance Abuse and Witnesses with Mental Retardation Civil and Criminal Procedural Innovations (National Judicial College: SJI–94–142) for Appellate Courts (National Center for Effective Treatment for Drug-Involved Offenders: A Review & Synthesis for Judges Multi-Cultural Training for Judges and Court State Courts: SJI–94–002) Personnel (St. Petersburg Junior College: and Court Personnel (Education SJI–95–006) Judicial Education Faculty, and Program Development Center, Inc.: SJI–90–051) Ethical Standards for Judicial Settlement: Development Good Times, Bad Times: Drugs, Youth, and Developing a Judicial Education Module The Leadership Institute in Judicial the Judiciary (Professional Development (American Judicature Society: SJI–95–082) Education and The Advanced Leadership and Training Center, Inc.: SJI–91–095) Code of Ethics for the Court Employees of Institute in Judicial Education (University Gaining Momentum: A Model Curriculum for California (California Administrative Office of Memphis: SJI–91–021) Drug Courts (Florida Office of the State of the Courts: SJI–95–245) ‘‘Faculty Development Instructional Courts Administrator: SJI–94–291) Workplace Sexual Harassment Awareness Program’’ from Curriculum Review Judicial Response to Substance Abuse: and Prevention (California Administrative (National Judicial College: SJI–91–039) Children, Adolescents, and Families Office of the Courts: SJI–96–089) Resource Manual and Training for Judicial (National Council of Juvenile and Family Just Us On Justice: A Dialogue on Diversity Education Mentors (National Association Court Judges: SJI–95–030) Issues Facing Virginia Courts (Virginia of State Judicial Educators: SJI–95–233) Appendix IV—Illustrative List of Replicable Supreme Court: SJI–96–150) Institute for Faculty Excellence in Judicial Projects When Bias Compounds: Insuring Equal Education, (National Council of Juvenile Treatment for Women of Color in the The following list includes examples of and Family Court Judges: SJI–96–042) Courts (National Judicial Education projects undertaken with support from SJI Program: SJI–96–161) Orientation and Mentoring of Judges and that might be—or in some cases have been— When Judges Speak Up: Ethics, the Public, Court Personnel successfully adapted and replicated in other and the Media (American judicature Manual for Judicial Writing Workshop for in other jurisdictions. Please see Section Society: SJI–96–152) Trial Judges (University of Georgia/ II.C.1. for information on submitting a Family Violence and Gender-Related Colorado Judicial Department: SJI–87–018/ concept paper requesting a grant to replicate one of these or another SJI-supported project. Violence Crime 019) A list of all SJI-supported projects is available National Judicial Response to Domestic Legal Institute for Special and Limited Jurisdiction Judges (National Judicial from the Institute and on the Institute’s Violence: Civil and Criminal Curricula website —www.clark.net/pub/sji. (Family Violence Prevention Fund: SJI–87– College: SJI–89–043, SJI–91–040) 061, SJI–89–070, SJI–91–055). Pre-Bench Training for New Judges Alternative Dispute Resolution Domestic Violence: A Curriculum for Rural (American Judicature Society: SJI–90–028) Computerized Citizen Intake and Referral Courts from A Project to Improve Access to A Unified Orientation and Mentoring Service, Grantee: District of Columbia Rural Courts for Victims of Domestic Program for New Judges of All Arizona Courts, Contact: Charles Bethell, 500 Violence (Rural Justice Center: SJI–88–081) Trial Courts (Arizona Supreme Court: SJI– Indiana Avenue, N.W., Washington, DC Judicial Training Materials on Spousal 90–078) 20001, (202) 879–1479, Grant No: SJI–93– Support; Judicial Training Materials on Court Organization and Structure (Institute 211 Child Custody and Visitation from for Court Management/National Center for Enhancing Gender Fairness in the State State Courts: SJI–91–043) Application of Technology Courts (Women Judges’ Fund for Justice: Judicial Review of Administrative Agency File Transfer Technology Application in Use SJI–89–062) Decisions (National Judicial College: SJI– of Court Information, Grantee: South Judicial Response to Stranger and 91–080) Carolina Bar, Contact: Yvonne Visser, 950 Nonstranger Rape and Sexual Assault New Employee Orientation Facilitators Guide Taylor Street, P.O. Box 608, Columbia, SC (National Judicial Education Program to (Minnesota Supreme Court: SJI–92–155) 29202–0608, (803) 799–6653, Grant Nos: Promote Equality for Women and Men: Magistrates Correspondence Course (Alaska SJI–91–088; SJI–91–088-P93–1; SJI–91– SJI–92–003) Court System: SJI–92–156) 088-P94–1 55468 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

Managing Documents with Imaging Lightbody, 160 High Street, N.W., Office of the Administrator for the Courts, Technology, Grantee: Alaska Judicial DNMWarren, OH 44481, (216) 675–2566, Contact: Joanne Moore, 1206 South Quince Council, Contact: William T. Cotton, 1029 Grant No: SJI–92–081; SJI–92–081-P94–1; Street, P.O. Box 41170, Olympia, WA W. Third Avenue, Suite 201, Anchorage, SJI–92–081-P95–1 98504–1170, (206) 753–3365, Grant No: AK 99501–1917, (907) 279–2526, Grant No: Implementing Quality Methods in Court SJI–92–147 SJI–92–083 Operations, Grantee: Oregon Supreme Pro se Forms and Instructions Packets, Automated Teller Machines for Juror Court, Contact: Scott Crampton, Supreme Grantee: Michigan Supreme Court, Contact: Payment, Grantee: District of Columbia Court Building, Salem, OR 97310, (503) Pamela Creighton, 611 W. Ottawa Street, Courts, Contact: Philip Braxton, 500 378–5845, Grant No: SJI–92–170 Lansing, MI 48909, Grant No: SJI–94–003 Indiana Avenue, N.W., Washington, DC Applying TQM Concepts to Systemwide Understanding the Judicial Process: A 20001, (202) 879–1700, Grant No: SJI–92– Problems of the Maine Judicial Branch, Curriculum and Community Service 139 Grantee: Maine Supreme Judicial Court, Program, Grantee: Drake University, Analytical Judicial Desktop, Grantee: Fund Contact: James T. Glessner, P.O. Box 4820, Contact: Timothy Buzzell, Opperman Hall, for the City of New York, Contact: Michele Portland, Maine 04101, (207) 822–0792, Des Moines, IA 50311, (515) 271–3205, Sviridoff, Mid-Town Community Court, Grant No: SJI–93–072 Grant No: SJI–94–022 314 W. 54th Street, New York, New York Arizona-Sonora Judicial Relations Project, Court Self-Service Center, Grantee: Maricopa 10019, (212) 484–2721, Grant No: SJI–94– Grantee: Arizona Supreme Court, Contact: County Superior Court, Contact: Bob 323 Dennis Metrick, 1501 W. Washington James, 201 W. Jefferson, 4th Floor, Street, Phoenix, Arizona 85007–3327, (602) Children and Families in Court Phoenix, AZ 85003, (602) 506–6314, Grant 542–4532, Grant No: SJI–93–202 No: SJI–94–324 A Day in Court: A Child’s Perspective, Implementing Strategic Planning in the Trial Computer-Based Interpreter Test Delivery Grantee: Massachusetts Trial Court, Courts, Grantee: Center for Public Policy System, Grantee: Maryland Administrative Contact: Hon. John Irwin, 2 Center Plaza, Studies, Contact: David Price, 999 18th Office of the Courts, Contact: Elizabeth Boston, MA 02108, (617) 742–8575, Grant Street, Suite 900, Denver, CO 80202, (303) Veronis, 361 Rowe Boulevard, Annapolis, No: SJI–91–079 863–0900, Grant No: SJI–94–021 Maryland 21401, (410) 974–2141, Grant Parent Education and Custody Effectiveness, Interstate Compacts and Cooperation in No: SJI–96–164 (PEACE) Program, Grantee: Hofstra Guardianship Cases, Grantee: National Public Opinion and the Courts, Grantee: New University, Contact: Andrew Shephard, College of Probate Judges’, Contact: Paula Mexico Administrative Office of the 1000 Fulton Avenue, Hampstead, NY Hannaford, P.O. Box 8978, Williamsburg, Courts, Contact: John M. Greacen, 237 Don 11550–1090, (516) 463–5890, Grant No: Virginia 23187–8798, (757) 253–2000, Gaspar, Room 25, Santa Fe, New Mexico SJI–93–265 Grant No: SJI–97–241 87501–2178, (505) 827–4800, Grant No: A Judge’s Guide to Culturally Competent Courts and Communities SJI–97–026 Responses to Latino Family Violence, Grantee: Center for Public Policy Studies, AARP Volunteers: A Resource for Sentencing Strengthening Guardianship Services, Contacts: Stephen Weller, John Martin, 999 Court Probation Enhancement Through Grantee: American Association of Retired 18th Street, Suite 900, Denver, Colorado Community Involvement, Grantee: Persons, Contact: Wayne Moore, 601 E 80202, Grant No: SJI–96–230, Volunteers in Prevention, Probation and Street, N.W., Washington, DC 20049, (202) Prisons, Inc., Contact: Gerald Dash, 163 Court Management, Coordination and 434–2165, Grant Nos: SJI–88–033 /SJI–91– Madison, Suite 120, Detroit, MI 48226, Planning 013 (313) 964–1110, Grant No: SJI–91–073 Tribal Court-State Court Forums: A How To- Establishing a Consumer Research and Facilitating the Appropriate Use of Do-It guide to Prevent and Resolve Service Development Process Within the Intermediate Sanctions, Grantee: Center for Jurisdictional Disputes and Improve Judicial System, Grantee: Supreme Court of Effective Public Policy, Contact: Peggy Cooperation Between Tribal and State Virginia, Contact: Beatrice Monahan, McGarry, 8403 Colesville Road, Suite 720, Courts, Grantee: National Center for State Administrative Offices, Third Floor 100 (301) 589–9383, Grant No: SJI–95–078 Courts, Contact: Frederick Miller, 1331 North Ninth Street, Richmond, VA 23219, 17th Street, Suite 402, Denver, Colorado (804) 786–6455, Grant No: SJI–89–068 Substance Abuse 80202–1554, (303) 293–3063, Grant No: Housing Court Video Project, Grantee: Alabama Alcohol and Drug Abuse Court SJI–91–011) Association of the Bar of the City of New Referral Officer Program, Grantee: Alabama Measurement of Trial Court Performance, York, Contact: Marilyn Kneeland, 42 West Administrative Office of the Courts, Grantee: Washington Administrative Office 44th Street, New York, NY 10036–6690, Contact: Angelo Trimble, 817 South Court for the Courts, Contact: Yvonne Pettus, (212) 382–6620, Grant No: SJI–90–041 Street, Montgomery, AL 36130–0101, (334) 1206 S. Quince Street, Olympia, WA Tele-Court: A Michigan Judicial System 834–7990, Grant Nos: SJI–88–030/SJI–89– 98504, (360) 357–2121, Grant No: SJI–91– Public Information Program, Grantee: 080/SJI–90–005 017; SJI–91–017-P92–1 Michigan Supreme Court, Contact: Judy Substance Abuse Assessment and Measurement of Trial Court Performance, Bartell, State Court Administrative Office, Intervention to Reduce Driving Under the Grantee: New Jersey Administrative Office 611 West Ottawa Street, P.O. Box 30048, Influence of Alcohol Recidivism, Grantee: of the Courts, Contact: Theodore J. Fetter, Lansing, MI 48909, (517) 373–0130, Grant California Administrative Office of the CN–037, RJH Justice Complex, Trenton, NJ No: SJI–91–015 Courts c/o El Cajon Municipal Court, 08625, (609) 984–0275, Grant No: SJI–91– Arizona Pro Per Information System Contact: Fred Lear, 250 E. Main Street, El 023; SJI–91–023-P93–1 (QuickCourt), Grantee: Arizona Supreme Cajon, CA 92020, (619) 441–4336, Grant Measurement of Trial Court Performance, Court, Contact: Jeannie Lynch, No: SJI–88–029/SJI–90–008 Grantee: Ohio Supreme Court, Contact: Administrative Office of the Court, 1501 Court Referral Officer Program, Grantee: New Stephan W. Stover, State Office Tower, 30 West Washington Street, Suite 411, Hampshire Supreme Court, Contact: Jim East Broad Street, Columbus, OH 43266– Phoenix, AZ 85007–3330, (602) 542–9554, Kelley, Supreme Court Building, Concord, 0419, (614) 466–2653, Grant No: SJI–91– Grant No: SJI–91–084 NH 03301, (603) 271–2521, Grant No: SJI– 024; SJI–91–024-P93–1 Automated Public Information System, 92–142 Measurement of Trial Court Performance, Grantee: California Administrative Office Grantee: Supreme Court of Virginia, of the Courts, Contact: Mark Greenia, Appendix V—State Justice Institute Contact: Beatrice Monahan, 100 North Sacramento Superior and Municipal Court, (Form S1) Ninth Street, Third Floor, Richmond, VA 303 Second Street, South Tower, San 23219, (804) 786–6455, Grant No: SJI–91– Francisco, CA 94107, (916) 440–7590, SCHOLARSHIP APPLICATION 042; SJI–91–042-P93–1 Grant No: SJI–91–093 Probate Caseflow Management Project, Using Judges and Court Personnel to This application does not serve as a Grantee: Ohio Supreme Court/Trumball Facilitate Access to Courts by Limited registration for the course. Please contact the County Probate Court, Contact: Susan English Speakers, Grantee: Washington education provider. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55469

Applicant Information requested below. (You may attach additional Please return this form and Form S–2 to: 1. Applicant Name: pages if necessary.) Scholarship Coordinator, State Justice lllllllllllllllllllll 1. Please describe your need to acquire the Institute, 1650 King Street, Suite 600, (Last) (First) (M) skills and knowledge taught in this course. Alexandria, Virginia 22314 2. Position: lllllllllllllll 2. Please describe how will taking this (Form S2) 3. Name of Court: llllllllllll course benefit you, your court, and the State Justice Institute 4. Address: State’s courts generally. lllllllllllllllllllll 3. Is there an educational program SCHOLARSHIP APPLICATION Street/P.O. Box currently available through your State on this lllllllllllllllllllll topic? CONCURRENCE llllllllllllllllllll City State Zip Code 4. Are State or local funds available to I, 5. Telephone No. llllllllllll support your attendance at the proposed Name of Chief Justice (or Chief Justice’s 6. Congressional District: lllllllll course? If so, what amount(s) will be Designee) provided? have reviewed the application for a Program Information 5. How long have you served as a judge or scholarship to attend the program 7. Course Name: lllllllllllll court manager? llll entitledlllll. 8. Course Dates: lllllllllllll 6. How long do you anticipate serving as prepared by lllllllllllllll 9. Course Provider: lllllllllll a judge or court manager, assuming Name of Applicant 10. Location Offered: lllllllllll reelection or reappointment? and concur in its submission to the State Estimated Expenses: (Please note, 0–1 year 2–4 years 5–7 years Justice Institute. The applicant’s scholarships are limited to tuition and 8–10 years 11+years participation in the program would benefit transportation expenses to and from the site 7. What continuing professional education the State; the applicant’s absence to attend of the course up to a maximum of $1,500.) programs have you attended in the past year? the program would not present an undue Tuition: $ llllllllllllllll Please indicate which were mandatory (M) hardship to the court; public funds are not Transportation: $ llllllllllll and which were non-mandatory (V). available to enable the applicant to attend (Airfare, train fare, or if you plan to drive, an this course; and receipt of a scholarship Statement of Applicant’s Commitment amount equal to the approximate distance would not diminish the amount of funds and mileage rate.) If a scholarship is awarded, I will share the made available by the State for judicial Amount Requested: $ llllllllll skills and knowledge I have gained with my branch education. Are you seeking/have you received a court colleagues locally, and if possible, lllllllllllllllllllll scholarship for this course from another Statewide, and I will submit an evaluation of Signature source? the educational program to the State Justice lllllllllllllllllllll l Yes l No. If so, please specify the Institute and to the Chief Justice of my State. Name source(s) and amounts(s) lll lllllllllllllllllllll lllllllllllllllllllll ADDITIONAL INFORMATION: Please Signature Title attach a current resume or professional lllllllllllllllllllll lllllllllllllllllllll summary, and provide the information Date Date

Appendix VI—Line-Item Budget Form For Concept Papers, Curriculum Adaptation & Technical Assistance Grant Requests

Category SJI Funds Cash Match In-kind match

Personnel ...... $llll $llll $llll Fringe Benefits ...... $llll $llll $llll Consultant/Contractual ...... $llll $llll $llll Travel ...... $llll $llll $llll Equipment ...... $llll $llll $llll Supplies ...... $llll $llll $llll Telephone ...... $llll $llll $llll Postage ...... $llll $llll $llll Printing/Photocopying ...... $llll $llll $llll Audit ...... $llll $llll $llll Other ...... $llll $llll $llll Indirect Costs (%) ...... $llll $llll $llll

Total ...... $llll $llll $llll

Project Total ...... $llll $llll $llll

Financial assistance has been or will be sought for this project from the following other sources: * Concept papers requesting an acccelerated award, Curriculum Adaptation grant requests, and Technical Assistance grant requests should be accompanied by a budget narrative explain- ing the basis for each line-item listed in the proposed budget.

Form B (Instructions on Reverse Side) [ ] agrees to receive and administer and be lllllllllllllllllllll accountable for all funds awarded by the Appendix VII—State Justice Institute Name Institute pursuant to the application. lllllllllllllllllllll Certificate of State Approval [ ] designates llll (Name of Trial or Title The llll (Name of State Supreme Court Appellate Court or Agency) as the entity to lllllllllllllllllllll or Designated Agency or Council) has receive, administer, and be accountable for Date llll all funds awarded by the Institute pursuant reviewed the application entitled [FR Doc. 98–27234 Filed 10–14–98; 8:45 am] prepared by llll (Name of Applicant)— to the application. approves its submission to the State Justice lllllllllllllllllllll BILLING CODE 6820±SC±P Institute, and Signature federal register October 15,1998 Thursday Rule New SpecificationsforAutomatedFlats; 39 CFRPart111 Postal Service Part III 55471 55472 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

POSTAL SERVICE opportunity to make adjustments to Pieces that do not meet the FSM 881 their periodical design to comply with dimensions, but do meet the FSM 1000 39 CFR Part 111 this requirement, the Postal Service has dimensions may be prepared with determined to suspend the effective date polywrap under the guidelines specified New Specifications for Automated of this requirement until October 4, in DMM C820.4.0 except that only Flats 2000. physical property number 2 (haze) will Testing has shown that larger pieces AGENCY: Postal Service. be required. Pieces prepared with FSM can be processed on FSM 1000 than on 1000 approved polywrap must bear a ACTION: Final rule. the FSM 881. Separate size, weight, and separate marking from pieces prepared SUMMARY: This final rule sets forth the thickness dimensions for mail that can with FSM 881 approved polywrap to DMM standards adopted by the Postal be processed on the FSM 1000 will be indicate the flat sorting machine for Service to implement the discount rate added to the eligibility criteria for which the polywrap was approved. for automation flat-size mailpieces automation flat rates in DMM C820. The Mailers will be given a 1-year grace processed on the Flat Sorting Machine FSM 1000 can process a piece up to 12 period to begin using the new polywrap (FSM) 1000. The FSM 1000 is capable inches high by 153⁄4 inches in length. markings that specify whether the of processing mailpieces that cannot be For the FSM 1000, the length is the polywrap is approved for FSM 881 or processed on the FSM 881. FSM 1000 longest edge except that for pieces that FSM 1000 approved. machines are being retrofitted with are folded or have a bound edge, where When addressing a polywrapped FSM barcode readers. Mailpieces that the length is the dimension parallel to 881 or FSM 1000 flat mailpiece, if the currently do not qualify for automation the folded or bound edge. This is address label is on the outside of the flat rates will be eligible if pieces meet different from the definitions of length polywrapped piece, the haze the size and other criteria for processing and height for mailpieces processed on requirement is not applicable nor is on the FSM 1000, are prepared with FSM 881. For FSM 881 pieces, the review of the polywrap by the mailpiece correct ZIP+4 or delivery point height is defined as the dimension design analyst (MDA) prior to mailing. barcodes, and meet other preparation parallel to the folded or bound edge. Although the Postal Service is The length for folded pieces or pieces requirements. extending the discount to pieces that with a bound edge that are processed on EFFECTIVE DATE: This final rule became can be processed on FSM 1000 the FSM 1000 increases 33⁄4 inches (for equipment, it does not wish to effective at 12:01 a.m. on October 4, example, the bound edge) but the height encourage mailers to prepare pieces in 1998. decreases 3 inches (for example, the a manner that would cause them to FOR FURTHER INFORMATION CONTACT: edge perpendicular to the bound edge). migrate from the more productive FSM Karen A. Magazino, (202) 268–3854. The minimum height and length for all 881 to the FSM 1000. In addition to SUPPLEMENTARY INFORMATION: On August flats processed on the FSM 1000 is 4 productivity concerns, a large migration 26, 1998, the Postal Service published inches high by 4 inches long provided could also cause equipment capacity for public comment in the Federal the mailpiece is greater than 1⁄2-inch. Register a proposed rule (63 FR 45440) Mailpieces less than 5 inches in length problems. Therefore, in order to qualify for the automation flats rates, mailpieces that provided information on the must be greater than 1⁄4-inch thick. The implementation of automation flat rates minimum thickness for pieces 5 inches that meet the current automation flat for pieces prepared as automated flats or more in length is 0.009 inch. height, length, thickness, and weight that meet the physical mailpiece Testing of flat mailpieces dimensions applicable to the FSM 881 requirements for the FSM 1000. The demonstrated that as the length of the under DMM C820.2.0 must continue to revised DMM standards became piece decreases, the thickness may meet the current specifications for effective October 4, 1998. increase. The maximum thickness turning ability and deflection (current Deployment of 340 FSM 1000s has requirement for the FSM 1000 mail are DMM C820.5.0 and proposed DMM been completed in major processing and 11⁄4 inches if the length of the mailpiece C820.7.0) and if prepared with distribution centers nationwide. is 13 inches in length. For pieces over polywrap, must continue to meet all the Barcode reader deployment for the FSM 13 inches, the thickness cannot exceed polywrap criteria in DMM C820.4.0. 1000s will be completed by February 7⁄8 inch. When presorting mail for the 1999. Newspapers, tabloids, catalogs, The maximum weight for First-Class automation flat-size rates, pieces and many kinds of polywrap that cannot Mail mailpieces processed on the FSM meeting the FSM 881 dimensions must be processed on existing FSM 881 1000 is 11 ounces (13 ounces after rate be prepared in separate packages from equipment can be processed on FSM case implementation, January 10, 1999), pieces that meet the FSM 1000 1000 equipment and will now be able to up to 16 ounces for Standard Mail (A), dimensions. When preparing packages qualify for automation discounts. and 6 pounds for Periodicals. of pieces meeting the dimensions for the Flat mailpieces must meet the For pieces processed on the FSM FSM 881, mailers may combine pieces uniformity requirements contained in 1000, the correct and properly prepared of nonidentical weights provided C820.8.0. POSTNET barcode must be placed at appropriate postage payment methods The FSM 1000 can efficiently process least 1⁄8 inch from any edge of the are used. Likewise, within a package of pieces that or bound or, if unbound are mailpiece. However, since there has pieces meeting the dimensions for the double folded. Since newspapers are been a demonstrated ‘‘slump’’ on certain FSM 1000, mailers may combine pieces double-folded, they pose little problem mailpieces, we strongly recommend of non-identical weights provided for processing on the FSM 1000. barcodes be placed at least 2 inches appropriate postage payment methods However, many flat-sized mail pieces from the dimension that is the length are used. Separate package minimums are not bound or double-folded; (the longest edge or, if bound or folded, must be met for each type of package, therefore, unbound flat-sized mailpieces the bound or folded edge). e.g. 10 pieces per package for First-Class will be required to be prepared with two For pieces processed on the FSM and Standard Mail (A) and six pieces folds. The second fold must be 1000, barcode requirements found in per package for Periodicals). This will perpendicular to the original fold. In C840.4.0, C840.5.0, and C840.6.0 still allow packages of mail to be sorted to order to give publishers and printers the apply. the appropriate flats processing Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55473 equipment at sack or tray opening units 3. Polywrap marking—The proposed consider these comments. There are two and at pallet breakdown operations. rule require the marking to include the types of FSM’s to handle two different Both types of automation flats company name in the mailpiece types of flats. However, USPS packages (FSM 881 and FSM 1000 identification statement. The product operations is concerned about flats that packages) may be placed in the same name is required instead of the are currently processed on the FSM 881 tray (First-Class) or in the same sack company name for verification migrating to the FSM 1000 because of (Periodicals and Standard Mail (A)). For purposes. In addition, the 6-month changes in preparation standards. In Periodicals and Standard Mail (A) both transition period for existing polywrap addition, current automation polywrap types of automation flats packages (FSM markings has been extended to one year, must be used on the FSM 881 pieces 881 and FSM 1000 packages) may be until October 4, 1999. when claiming the barcode discount for placed on the same pallet. 4. Package preparation—For 881 shaped pieces. Without this In addition, for Periodicals sacked periodicals, automation and standard we would see a mass migration mail, FSM 881 and FSM 1000 packages nonautomation packages may not be by mailers to the less expensive may be combined with nonautomation combined in 5-digit sacks. Therefore, polywrap and would result in a packages in 3-digit, SCF, ADC, and Customer Support Ruling 29, dated substantial diversion of mail to the FSM mixed ADC sacks and/or pallets. January 1997, will be rescinded. The 1000. There are capacity issues (340 Periodicals automation flats packages applicable standards will be published FSM 1000 compared to 812 FSM 881) as must be placed in separate 5-digit sacks in the DMM. well as productivity, service, and cost or pallets from Periodicals 5. Wrap direction—The polywrap concerns. USPS acceptance personnel nonautomation packages. For First-Class seam must be along the addressed side will be receiving instructions from the and Standard Mail (A) mailings, of the mailpiece, oriented from top to office of Business Mail Acceptance automation rate mail must continue to bottom on FSM 881 pieces. However, it regarding the acceptance and be separately trayed (First-Class) or has been determined that this is not a verification procedures for these two sacked (Standard Mail (A)), or requirement for a FSM 1000 flat-size sets of specifications for flat-size mail separately palletized on five digit pallets mailpiece. qualifying for these discount rates. from nonautomation rate mail. 6. Polywrap requirement—When These changes will be included in addressing a polywrapped flat-size 2. Machinable Parcels Qualifying for the DMM Issue 54. mailpiece the haze and verifying FSM 1000 Discount Part A of this notice summarizes requirements are not applicable if the One commenter indicated that they major changes that have been made to address label is placed on the outside of are presently mailing nonautomation- or material added to the proposed the polywrapped piece. implementation standards since the compatible parcels that he would proposed rule was published. This B. Summary of Comments From the qualify as automated compatible flats includes changes made by the Postal August 26, 1998, Proposed Rule under the new specifications for Service in response to mailers’ The Postal Service received 21 pieces automated flats. However, the comments or for other reasons. Part B of correspondence offering comments requirement relating to package and contains an analysis of comments on the August 26, 1998, proposed rule. mail preparation, as proposed, will received on the proposed rule and the Respondents included four associations make it cost-prohibitive for them to Postal Service’s responses. Part C and 17 major mailers, publishers, and participate in this program. This summarizes the changes to the DMM, printers. commenter further asked whether he followed by the text of the revised DMM The specific points raised in the could mail to an SCF level and stack standards. comments are presented below, mail in large (mixed) cartons sectioned organized by general comments and by by SCF instead of bags, trays, or pallets. A. Major Changes and Additions to the specific comments on particular issues. The Postal Service currently allows Specifications Outlined in the August In addition to receiving numerous bundled Standard Mail (A) and 26, 1998, Proposed Rule comments from the mailing industry, Periodical Mail to be prepared as 1. Overhang (selvage)—The proposed the Postal Service has had extensive packages of flats placed on pallets. rule required the polywrap overhang on ongoing exchanges of viewpoints with However, there are sortation the sides of the mailpiece must not be representatives of the mailing industry. requirements in DMM M820. Flat-size more than 1⁄4-inch. However, it has been This cooperative effort has led to the automation rate First-Class Mail, determined that the FSM 1000 can development of revised standards that Periodicals, and Standard Mail (A) must process flats up to 3⁄4-inch overhang the Postal Service believes strikes a be prepared under M820 and meet the from all edges. better balance between the interests of eligibility standards for the rate claimed. 2. Double folds—The proposed rule the mailers and the Postal Service. Package, sack, and tray preparations are required newspapers and tabloids to subject to M010, M020, and M030. Firm have two folds. It has been determined 1. General Comments packages may not be included. Trays that newspapers are double-folded and, Ten comments were received and sacks must bear the appropriate if any telescoping problems occur, they concerning the separation of barcoded container labels under M032. will be handled on a case-by-case basis. specifications for pieces that will run on In addition, each piece must also Bound tabloid publications appear to FSM 881 versus the FSM 1000. One include a complete delivery address remain intact in processing operations. commenter stated that having two sets with correct ZIP Code or ZIP+4 code. However, unbound publications cause of specifications is confusing to the Address and barcode quality is subject mail slippage and telescoping problems; mailers and USPS acceptance staff. One to A800 and CASS/MASS standards in therefore, they are required to be commenter said mailers have no control A950. For Standard Mail (A) mailpieces double-folded, with the second fold over the type of equipment their mailed at rates for the FSM 1000 flats, perpendicular to the original fold. For mailpieces are run on, so they should this portion in non-automation rates is publishers who are unable to comply at not be expected to meet different subject to the residual shape surcharge this date, a 2-year transition period will specifications to qualify for the same if these mailpieces do not meet the be given. postage rate. Postal management did standards in C050 for a letter or a flat. 55474 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

3. Polywrap cause less finely prepared mail for the piece should be increased to at least 11⁄2 Ten commenters were concerned that Postal Service. Several commenters inches thick. One commenter stated that polywrap requirements for the FSM 881 requested reconsideration permitting he is satisfied with the minimum and require more expensive polywrap than the mix of the FSM 881 and FSM 1000 maximum standards however, he noted for mailpieces processed on the FSM pieces in co-mail and selective bind that it is virtually impossible to 1000. Mailers feel this requirement is situations. They also stated that the co- manufacture a six pound publication mail and selective bind processes are with a proposed maximum thickness of causing an unfair competitive situation 1 and request all mailers be permitted to aggressive workshare concepts that only 1 ⁄4 inches. Two commenters use the same type of polywrap, only should not have penalties preventing believed that if the ability of the FSM mailer participation. Another complying to property number 2 (haze) 1000 was to process thicker pieces commenter stated that mailers who depending upon the length of the piece, in order to qualify for automation flats already enter highly workshared and whereas longer pieces must be thinner rates. One commenter indicated that, dropshipped mail that is otherwise fully to be successfully processed, then based upon the characteristics of the automatable should not be discouraged shorter pieces should be able to be mailpiece, it should be left up to from taking part in this automation thicker and still be processed operations personnel at the USPS to program by an unnecessary successfully. Several proposals were determine which piece of equipment the requirement. One association indicated submitted based on this ‘‘sliding scale’’ flats should be processed on. Another that the Postal Service needs to increase theory. In addition, several commenters commenter volunteered time and energy FSM 1000 capacity if a marketplace would like clarification on how the to assist the USPS in a limited time test response to incentives for worksharing uniformity requirement applies to the to estimate the probable volume of mail drives such a need. A ‘‘Blue Ribbon’’ FSM 1000 when individual mailers that will migrate from the FSM 881 to Committee task force addressed these have watched their machinable parcels the FSM 1000 because of the polywrap issues for the Postmaster General in run through the FSM 1000 with no requirements and the overall net relationship to USPS capital problem. According to USPS advantage to the Postal Service of expenditures. The USPS Operations Engineering, the maximum thickness of receiving automation based mailings position is that the FSM 881 and FSM 11⁄4 inches for the FSM 1000 allows for from a sector of the publishing industry 1000 flat-size mailpieces cannot be some misalignment of the plastic chutes currently not using automation. merged in the same package. Allowing in relation to the diverter modules The Postal Service has had extensive the combination of these pieces in the (transport belts). Items above the ongoing exchanges with USPS same package would result either in maximum thickness will jam against the Engineering and mailers currently using FSM 881 pieces diverting to the FSM edge of the chutes if the chutes are not and not using the polywrap required for 1000 or FSM 1000 pieces rejecting on precisely aligned. In addition, if a FSM 881. This cooperative effort has led the FSM 881, depending on the machine mailpiece is not uniform in thickness, to the development of revised polywrap on which the package was processed. the flats flip over when they go into the requirements for the FSM 1000. This requirement also leaves the door accelerator module of the induction Initially, properties 1, 2, and 7 were open in the future for possible station. This results in jams since the proposed in workgroup meetings. relaxation of the existing requirement to photocells will indicate a flat below the However, the USPS’s main concern segregate FSM 881 sized automation minimum length when the mailpieces regarding the FSM 1000 is the flats from FSM 881 nonautomation flats. on the corners don’t lay flat. A readability of the barcode. It was agreed The existing FSM 881 will be receiving uniformly thick flat is on the geometric that property 1 and 7 did not affect an OCR modification over the next 12 center of the mailpiece and thus will not readability. In addition, the USPS must months and the need for automation/ flip once accelerated to the speed of the maintain separate standards for nonautomation segregation on FSM 881 sorter. The observations made were polywrap for operational efficiency. pieces will be reduced. Therefore, there based on a short run of testing different Therefore, pieces meeting the FSM 881 is a long-term value in maintaining a size and thicknesses of mailpieces. The processing dimensions must also meet split of FSM 881 and FSM 1000 pieces USPS agrees that the possibility does all 7 polywrap properties standards in because the auto/nonauto split could exist on increasing the thickness to 11⁄2 C820.4.0 if polybagged when claiming possibly be eliminated for the FSM 881 inches thick, however, this will entail the barcode discount. Without this pieces. The relaxation of the extensive testing and evaluation by the standard, the USPS would see a mass automation/nonautomation separation USPS engineering department. The migration by mailers to the less for FSM 881 pieces could be much more Manager of Mail Preparation and expensive polywrap and a substantial beneficial for the overall industry since Standards will request such testing to be diversion of mail to the FSM 1000 a high percentage of the non-carrier formally performed. causing capacity, service and cost route flats are machinable on the FSM 6. Turning Ability and Flexibility problems. 881. Conversations with some industry Four commenters requested that 4. Co-Mailing and Selective Binding representatives have confirmed the relaxation of the auto/non-auto ‘‘flimsy pieces’’ that fail the deflection Twelve commenters proposed that the separation for FSM 881 pieces may be test and therefore do not qualify for the Postal Service allow co-mailers and a greater need than the ability to FSM 881 automated rates be allowed to selective binders to mix FSM 881 pieces combine FSM 881 and FSM 1000 qualify for the automation rates for the and FSM 1000 pieces together in the pieces. Finally, the combining of FSM FSM 1000. One mailer commented that same package and use the less 881 and FSM 1000 pieces is not Standard Mail (A) flats volume has expensive polywrap. One commenter compatible with the Postal Service’s grown over the last 5 years while the stated the only possible alternative long term objective for flats sorting. average piece weight has been available to it would be to split all of decreasing. This shows a trend toward their co-mailings into two mailstreams, 5. Increase Thickness and Uniformity of more ‘‘flimsy’’ type mailpieces as direct one for carrier route pieces, and the Thickness marketers and catalogers strive to target others for all other levels of presort. Four commenters indicated that the their customers. The Postal Service They further explained that this would maximum thickness for an FSM 1000 would like to ensure that FSM 881 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55475 mailpieces are not diverted to the FSM 9. Wrap Direction and Protective with USPS Engineering on this issue, 1000. There are currently 340 FSM Coverings and it has been determined that 1000s compared to 812 FSM 881s and One commenter proposed that the unbound flat-sized mail pieces without the migration of this mail to the FSM Postal Service ‘‘suggest’’ recommended a second fold cause the most problems 1000 could have a direct effect on wrap configuration instead of having a with telescoping such as the body of the service and higher costs. Allowing the requirement and, in addition, allow the mailpiece separating from the inner migration is not compatible with the MDAs review to be the final deciding sheets during postal processing on the Postal Service’s long-term direction for factor in determining if mailpieces will FSM 1000. Therefore, the requirement sequencing flats in the carrier’s line of produce handling and processing for this final rule is that any unbound travel. problems. The Postal Service has flat-size mailpieces will be required to worked with USPS Engineering on this be double-folded by October 4, 2000. A 7. Mailer Identification Statement for transition of 2 years will be extended to Polywrap issue and has taken this request into consideration. After several discussions publishers and printers who are unable Seven commenters requested an with engineering the Postal Service to comply. extension of time from the previously agrees that the wrap direction C. Summary of Domestic Mail Manual proposed 6-month grace period to a one- requirement only need apply to the FSM (DMM) Changes and Additions year extension for the requirement of 881 mailpieces. One commenter List of Subjects in 39 CFR Part 111 separate markings distinguishing FSM strongly recommended that the Postal 881-approved polywrap from FSM Service eliminate the prohibition of Postal Service. 1000-approved polywrap. Mailers have protective covers for automated flats to For the reasons discussed above, the inventories of preprinted automatable be processed on the FSM 1000. This Postal Service hereby adopts the polywrap already in stock. Two issue is not solely related to the FSM following amendments to the Domestic commenters suggested that special 1000 requirements and the new Mail Manual, which is incorporated by markings for the FSM 1000 approved specifications. However, the Postal reference in the Code of Federal polywrap be used and the current Service will continue to evaluate and Regulations (See 39 CFR Part III). markings for approved polywrap on the review mailpieces with the various FSM 881 polywrap continue as a types of protective coverings and PART 111Ð[AMENDED] default. Many mailers have a supply of possibly relax this requirement. 1. The authority citation for 39 CFR preprinted polywrap and a delay will 10. Barcode Placement part 111 continues to read as follows: allow them to use up existing stock. The Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, Postal Service will require the mailpiece All 21 commenters supported the requirement to place the barcode a 401, 403, 404, 3001, 3011, 3201,3219, 3403, identification markings identifying FSM 3406, 3621, 3626, 5001. 881 and FSM 1000 polywrap for various minimum of 1⁄8-inch from any edge; reasons. Business mail entry employees however, three commenters requested 2. Amend the Domestic Mail Manual must be able to determine if the correct that the Postal Service remove the as set forth below: polywrap is being used to qualify language that currently states, Domestic Mail Manual (DMM) mailpieces for the barcoded rates. The ‘‘preferably 2 inches from the bound or C Characteristics and Content Postal Service does understand the folded edge.’’ These commenters are C800 Automation-Compatible Mail comments received regarding polywrap concerned that Entry employees will * * * * * misinterpret this requirement and in stock and supply, therefore, a one- C820 Flats year transition period through October possibly reject their mail. Business Mail 4, 1999. Acceptance at USPS Headquarters is [Amend 1.0 by changing the term disseminating to all managers, business ‘‘2.0’’ to ‘‘1.0’’ and ‘‘7.0’’ to ‘‘9.0’’ and 8. Overhang (Selvage) mail entry to ensure situations like this adding additional standards for FSM do not occur. 881 and FSM 1000 pieces to read as Four commenters indicated that the Therefore, the Postal Service is follows:] overhang requirement for the FSM 1000 retaining this preference in the final 1.0 BASIC STANDARDS should be increased due to relative trim rule. size in a selective polywrap co-mailing Flats claimed at automation rates process. Variances during a co-mailing 11. Double-Folds must meet the standards in 1.0 through run have a proportional effect on both Four commenters expressed their 9.0 and the general and specific the ‘‘head to foot’’ and ‘‘side to side’’ concerns about the proposed standards standards for mailability and the class of overhang. The following overhang that newspapers and other unbound mail and rate claimed. Pieces meeting extensions were requested: head to foot flats must have two folds, the second the dimensions for FSM 881 processing increase from 11⁄2 inches to 21⁄4 inches fold perpendicular to the original fold. under 2.0 (height, length, thickness, and and side to side increase from 1⁄4-inch One commenter explained that 25% to weight) must also meet the turning on each side up to 1.375 inches. The 30% his mailed copies contain ability and deflection requirements in Postal Service has amended the supplements and inserts which, due to 7.0 in order to qualify for the proposed standard for overhang thickness, prevent secure quarter- automation flats discount. If polywrap is indicated in Exhibit 4.1b, of C820.4.0 to folding. Currently, one commenter used with FSM 881 pieces meeting the include a separate section for the FSM stated that they are working closely with dimensions under 2.0, the polywrap 1000 overhang allowance. The Postal USPS engineering employees on must meet all of the physical properties Service consulted with USPS possible solutions to the ‘‘telescoping’’ in Exhibit C820.4.1a of section 4.0 in engineering and the requirement for the problems with a new ‘‘embossing’’ order to qualify for the automation flats FSM 1000 overhang now is a maximum procedure. Another commenter believes discount. Pieces that do not meet the of 3⁄4-inch from any edge. The the telescoping of tabloids on the FSM dimensions for height, length, thickness, requirements for the FSM 881 remain 1000 is greatly exaggerated. The Postal and weight under 2.0 (FSM 881 pieces), unchanged. Service has had numerous discussions but that do meet the dimensions in 3.0 55476 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations are eligible for processing on the FSM and catalog), the length is the dimension 3.4 Maximum Weight 1000. Such FSM 1000 pieces need not parallel to the bound or folded edge. meet the turning ability and deflection The height is the dimension Maximum weight limits are as requirements in 7.0. If prepared with perpendicular to the length. If the piece follows: polywrap, the polywrap for FSM 1000 is folded more than once or bound and a. For First-Class Mail, 11 ounces (13 pieces must meet only physical property then folded, the length of the mailpiece ounces as of January 10, 1999). number 2 (haze) in Exhibit 4.1a. is based on the final fold. [Amend the heading of 2.0 to read as b. For Periodicals, 6 pounds. follows.] 3.2 Address Placement and Folded c. For Standard Mail (A), less than 16 Pieces ounces. 2.0 DIMENSIONS FOR FSM 881 a. A flat-size mailpiece with a final PROCESSING fold must be designed so that the 4.0 COVERINGS * * * * * address is in view when the final folded 4.1 Polywrap Films [Delete the second sentence of section edge is to the right and any intermediate 2.3 b(2).] bound or folded edge is at the bottom. The Postal Service will allow plastic * * * * * b. Unbound flat-size mailpiece will be manufacturers to use the results of their [Redesignate 3.0 through 7.0 as 5.0 required to be double-folded on October American Standard Testing Methods through 9.0, respectively. Insert new 3.0 4, 2000. (ASTM). Product tests must be used to and 4.0 to read as follows.] 3.3 Shape and Size certify that the polywrap films meet or exceed the minimum requirements for 3.0 DIMENSIONS FOR FSM 1000 Pieces must meet the following the physical properties outlined in PROCESSING requirements: Exhibit 4.1a and 4.1b. 3.1 Determining Length and Height a. Height: no more than 12 inches or less than 4 inches. Exhibit 4.1a The length and height of an b. Length: no more than 153⁄4 inches automation compatible flat-size or less than 4 inches. FSM 881 Polywrapped Flats mailpiece eligible for FSM processing is c. Minimum thickness: Specifications not determined by the orientation of the (1) For pieces at least 5 inches long, Automation flat pieces that meet the address. It is determined by the 0.009 inch. following: (2) For pieces at least 4 inches long, height, length, thickness, and weight a. For a piece prepared as a single but less than 5 inches long, 0.25 inch dimensions for the FSM 881 in 2.0 must sheet or in an envelope, full-length thick. meet all seven properties. Automation wrapper, or full-length sleeve, the d. Maximum thickness: flat pieces that do not meet the height, length is the longest dimension. The (1) For pieces 13 inches long or less, length, thickness, or weight dimensions height is the dimension perpendicular 1.25 inches. in 2.0, but meet the dimensions for the to the length. (2) For pieces longer than 13 inches FSM 1000 in 3.0, may be prepared with b. For a piece that has a bound or up to and including 153⁄4 inches, 7⁄8 polywrap that only meets property folded edge (e.g., a newspaper, tabloid, inch. number 2 (haze).

Property Requirement Test Method Comment

1. Kinetic Coefficient of Friction, MD ...... <0.28 ...... ASTM D1894 Stainless steel finish must be in accordance with ASTM A 480/A 480M. a. Film on Stainless Steel with No. 8 (Mirror) Finish b. Film on Film ...... 0.20 to 0.40 ...... ASTM D1894 2. Haze ...... <70 ...... ASTM D1003 Address labels are an alternative to meeting this re- quirement. 3. Secant Modulus, 1% elongation ...... >40,000 ...... ASTM D882 a. TD, psi b. MD, psi ...... >50,000 ...... ASTM D882 4. Tensile Strength: a. TD, psi ...... >2,000 ...... ASTM D882 b. MD, psi ...... >3,000 ...... ASTM D882 5. Density, g/cc ...... 0.900 to 0.950 .. ASTM D1505 6. Nominal Gauge, in ...... >0.001 ...... ASTM D374 7. Static Charge, kV ...... <2.0 ...... ASTM D4470 Antistatic additives can regulate this charge.

Exhibit 4.1b so that the seam is along the addressed wrapped so tightly as to cause the Wrap Instruction side of the mailpiece, oriented from top product to bend. to bottom. This seam must not cover any b. For FSM 1000 mailpieces, overhang 1. The polywrapped flat shall be part of the address and barcode read (selvage) cannot exceed 3⁄4 inch from machinable according to USPS-STD– areas (FSM 881 mailpieces only). any edge. 28A and as outlined in section C820. 3. Overhang around edges: Shrinkwrapped mailpieces shall be a. For FSM 881 mailpieces, overhang 4.2 Polywrap Certification Process approved if they conform to the (selvage) of not more than 1.5 inches of The polywrap certification program machinable flat requirements according polywrap shall be allowed at the top of requires plastic manufacturers to to USPS-STD–28A and as outlined in the mailpiece when the contents are at provide to the producer of the DMM 54 section C820. the bottom of the package. Overhang on polywrapped flats an official ASTM 2. Wrap direction shall be specified as each side shall not be more than .25 certification of conformance verifying around the shorter axis of the mailpiece inch, however. The piece shall not be that their polywrap product meets the Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55477 physical properties described in Exhibit the barcode. The polywrap marking may thick) or more than 23⁄8 inches (if the 4.1a. Prior to the initial mailing with also be printed directly on the polywrap piece is from 1⁄8 to 3⁄4 inch thick). See that polywrap product, the producer of material. Producers of polywrapped Exhibit 7.2. the polywrapped pieces must submit for flats not currently using the appropriate * * * * * evaluation barcoded sample pieces that mailpiece identification marking will meet both applicable DMM mailing have until October 4, 1999, to comply C840 Barcoding Standards standards for automated flats and the with this standard. For a list of USPS- * * * * * minimum standards for polywrapped approved polywrap manufacturers, refer 3.0 BARCODE LOCATION—FLAT- flats including the configuration to the USPS website. requirements described in Exhibit 4.1b. SIZE PIECE Mailpiece design analysts (MDAs) may 4.5 Suspension of Approval [Revise 3.0 to read as follows:] authorize the producer of the Any mailing found to be improperly On any flat-size piece claimed at an polywrapped flats that it may claim the prepared will not be accepted at the automation rate, the barcode may be automation rates for their initial mailing automation rates for flats. The repeated anywhere on the address side that is at of flat-size barcoded pieces if both of the submission of nonmachinable mailings least 1/8 inch from any edge of the following conditions are met: (A) The is cause for exclusion from the piece. For FSM 1000 pieces, it is pieces are prepared in a polywrap polywrap flat automation rates for preferred that the barcode be placed at product for which the plastics polywrap pieces. least 2 inches from the dimension that manufacturer provides an official ASTM [Delete renumbered 5.1. Renumber 5.2 is the length for that type of automation certification of conformance; (B) The and 5.3 as 5.1 and 5.2.] piece (the longest edge, or for pieces prepared mailpiece meets all other mail * * * * * with a folded or bound edge, the folded preparation standards for polywrapped or bound edge). That portion of the flats such as overhang, seam, and 6.0 TABS, WAFER SEALS, TAPE, surface of the piece on which the barcode readability. The MDA who AND GLUE barcode is printed must meet the authorizes the producer of the [Amend the first sentence in reflectance standards in 5.0. The polywrapped flats that it may claim the renumbered 6.0 to clarify that tabs, address side may bear only one automation rates will notify the seals, tape, and glue are not required, to POSTNET-format barcode (i.e., the applicable business mail entry unit of read as follows:] correct barcode for the delivery address the authorization. Although not required, mailpieces on the mailpiece). Other mailer-applied may be prepared with tabs, wafer seals, non-POSTNET barcodes may appear on 4.3 Submission of Samples for the address side if their format is not Evaluation cellophane tape, or permanent glue (continuous or spot) if these sealing intelligible or not confusing to A producer of polywrapped flats who devices do not interfere with the automated postal equipment. Address wishes to obtain authorization to claim recognition of the barcode, rate marking, block barcodes are subject to the automation rates for that polywrap postage information, and delivery and standards in 2.5a through 2.5e. product must submit samples to the return addresses. * * * * * Manager of Business Mail Entry for * * * * * review by an MDA. Each sample M Mail Preparation and Sortation submitted must consist of at least 30 7.0 TURNING ABILITY AND M820 Flat-Size Mail polywrapped and barcoded sample DEFLECTION mailpieces with a certification of 1.0 BASIC STANDARDS 7.1 Turning Ability conformance verifying that the * * * * * polywrap material meets the physical [Amend the first sentence of 1.5 Package Preparation property specifications in Exhibit 4.1a renumbered 7.1 by adding ‘‘881’’ to read and Exhibit 4.1b, for either the FSM 881 as follows:] All pieces must be prepared in mailpieces or the FSM 1000 mailpieces. A flat-size mailpiece meeting the FSM packages. Firm packages must not be If the address is placed on the outside 881 dimensions in 2.0 must fit between included in mailings prepared under of the polywrapped FSM 1000 flat, the two concentric arcs drawn on a M820. Pieces meeting the size submission of test pieces is not horizontal flat surface, one with a radius dimensions for the FSM 881 under required. of 15.72 inches and the other with a C820.2.0 must be prepared in separate radius of 16.72 inches in one of these packages from pieces that do not meet 4.4 Mailpiece Identification ways: the FSM 881 dimensions (but that meet Producers of polywrapped flats * * * * * the dimensions for FSM 1000 authorized to claim the automation rates [Renumber Exhibits 5.1a and 5.1b as processing). Each FSM 881 package and must endorse the flats to show that they Exhibits 7.1a and 7.1b.] each FSM 1000 package must separately are automation-compatible meet the package size minimum number polywrapped flat-size pieces. The 7.2 Deflection of pieces in M820.2.1, 3.1, or 4.1 as mailer may meet this requirement by [Renumber Exhibit 5.2 as Exhibit 7.2; applicable for the class of mail. When adding ‘‘USPS (product name of amend renumbered 7.2 by adding ‘‘881’’ the total number of FSM 881 or FSM polywrap) FSM 881 Approved to read as follows:] 1000 pieces for a specific presort Automatable Polywrap’’ or ‘‘USPS A flat-size mailpiece meeting the FSM destination (e.g., the 5-digit ZIP Code (product name of polywrap) FSM 1000 881 dimensions in 2.0 must be 12345) meets or exceeds the applicable Approved Automatable Polywrap,’’ as sufficiently rigid so that, when placed minimum package size, the pieces for applicable, on the address side of the flat on a surface to extend unsupported that presort destination must be piece, preferably below the postage area 5 inches off that surface, no part of the prepared into a package or packages or in another visible location on the edge of the piece that is opposite the labeled to that presort destination in outside of the mailpiece. The polywrap bound, folded, or final folded edge (as accordance with the standards for the marking must not interfere with the applicable) deflects more than 13⁄4 rate claimed. The physical size of each delivery address or the recognition of inches (if the piece is less than 1⁄8 inch package for that specific presort 55478 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations destination may contain the exact 1.6 Sack Preparation nonautomation packages may not be package minimum, more pieces than the Mailers may combine FSM 881 combined in 5-digit sacks. Under this package minimum, or fewer pieces than packages and FSM 1000 packages in the exception, documentation required the package minimum depending on the same tray (First-Class Mail) or in the under P012 must identify the mail size of the pieces in the mailing or the same sack (Standard Mail (A) and claimed at each rate by package and total quantity of the pieces to that Periodicals). sack sortation level. Under this destination. Rate eligibility is not * * * * * exception, nonautomation mail affected when a physical package for a [Amend the heading of renumbered continues to qualify for rates under presort destination contains fewer 1.8 to read ‘‘Exception—Periodicals E230 and automation mail continues to pieces than the minimum package size Packages.’’] qualify for rates under E240 (i.e., rates for the above reasons, provided the total [Insert new 1.9 to read as follows:] for pieces in automation flats packages number of FSM 881 pieces physically are based on the package level and rates packaged for that presort destination, or 1.9 Exception—Periodicals for pieces in nonautomation flats provided the total number of FSM 1000 Automation and Nonautomation packages are based on the package and pieces physically packaged for that For Periodicals, packages of sack level). presort destination, meets or exceeds automation mail (both FSM 881 and * * * * * the rate eligibility package minimum FSM 1000 packages) prepared under 3.1 under E140, E240, or E640. and packages of nonautomation mail Stanley F. Mires, [Renumber 1.6 and 1.7 as 1.7 and 1.8, prepared under M200.2.4c through f Chief Counsel, Legislative. respectively, and insert new 1.6 to read may be sacked together under 3.2d [FR Doc. 98–27674 Filed 10–9–98; 3:45 pm] as follows:] through 3.2e. Automation and BILLING CODE 7710±12±P federal register October 15,1998 Thursday Standards; InterimRules Soundness; SafetyandSoundness 2000 StandardsforSafetyand Interagency GuidelinesEstablishingYear 12 CFRPart30,etal. Corporation Federal DepositInsurance Federal ReserveSystem Office ofThriftSupervision Office oftheComptrollerCurrency Department oftheTreasury Part IV 55479 55480 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

DEPARTMENT OF THE TREASURY ADDRESSES: Comments should be 2000 Bank Supervision Policy (202) directed to: 874–2340; Brian McCormally, Assistant Office of the Comptroller of the OCC: Office of the Comptroller of the Director, Enforcement and Compliance Currency Currency, Communications Division, (202) 874–4800; Ursula Pfeil, Attorney, 250 E Street, SW, Washington, DC Legislative and Regulatory Activities 12 CFR Part 30 20219, Attention: Docket No. 98–14. (202) 874–5090; or Stuart E. Feldstein, [Docket No. 98±14] Comments will be available for public Assistant Director, Legislative and inspection and photocopying at the Regulatory Activities (202) 874–5090. RIN 1557±AB67 same location. In addition, comments Board: Angela Desmond, Special FEDERAL RESERVE SYSTEM may be sent by facsimile transmission to Counsel, Division of Banking FAX number (202) 874–5274 or by Supervision and Regulation (202) 452– 12 CFR Part 208 Internet mail to 3497; or Nancy Oakes, Senior Attorney, [email protected]. Division of Banking Supervision and [Docket No. R±1017] Board: Jennifer J. Johnson, Secretary, Regulation (202) 452–2743. For the Board of Governors of the Federal hearing impaired only, FEDERAL DEPOSIT INSURANCE Reserve System, Docket No. R–1017, Telecommunication Device for Deaf CORPORATION 20th Street and Constitution Avenue, (TDD), Diane Jenkins (202) 452–3544, NW, Washington, DC 20551. Comments Board of Governors of the Federal 12 CFR Part 364 addressed to Ms. Johnson may also be Reserve System, 20th and C Streets, RIN 3064±AC18 delivered to the Board’s mail room NW, Washington DC 20551. between 8:45 a.m. and 5:15 p.m., and to FDIC: Frank Hartigan, Year 2000 DEPARTMENT OF THE TREASURY the security control room outside of Project Manager, Division of those hours. Both the mail room and Supervision (202) 898–6867; Sandy Office of Thrift Supervision control room are accessible from the Comenetz, Year 2000 Project Manager, courtyard entrance on 20th Street Legal Division (202) 898–3582; Richard 12 CFR Part 570 between Constitution Avenue and C Bogue, Counsel, Legal Division (202) [Docket No. 98±97] Street, NW, Washington, DC. Comments 898–3726; or Nancy Chase Miller, may be inspected in room MP–500 Counsel, Legal Division (202) 898–6533. RIN 1550±AB27 between 9:00 a.m. and 5:00 p.m., except OTS: Dorothy Van Cleave, National Interagency Guidelines Establishing as provided in § 261.14 of the Board’s Year 2000 Coordinator (202) 906–7380; Year 2000 Standards for Safety and Rules Regarding Availability of or Robert D. DeCuir, Senior Enforcement Soundness Information, 12 CFR 261.14. Attorney, Office of Enforcement, Office FDIC: Robert E. Feldman, Executive of Chief Counsel (202) 906–7152. AGENCIES: Office of the Comptroller of Secretary, Attention: Comments/OES, SUPPLEMENTARY INFORMATION: the Currency, Treasury; Board of Federal Deposit Insurance Corporation, Governors of the Federal Reserve 550 17th Street, NW, Washington, DC Background System; Federal Deposit Insurance 20429. Comments may be hand The potential inability of computers Corporation; and Office of Thrift delivered to the guard station at the rear to recognize correctly certain dates in Supervision, Treasury. of the 550 17th Street Building (located 1999 and on and after January 1, 2000, ACTION: Joint interim guidelines with on F Street), on business days between presents significant and unprecedented request for comment. 7:00 a.m. and 5:00 p.m. (Fax number: enterprise-wide challenges for insured (202) 898–3838; Internet address: depository institutions. Timely SUMMARY: The Office of the Comptroller [email protected]). Comments may be management response is critical in order of the Currency (OCC), the Board of inspected and photocopied in the FDIC for insured depository institutions to Governors of the Federal Reserve Public Information Center, Room 100, identify problems and implement System (Board), the Federal Deposit 801 17th Street, NW, Washington, DC, effective remediation programs in the Insurance Corporation (FDIC), and the between 9:00 a.m. and 4:30 p.m. on relatively short time remaining until Office of Thrift Supervision (OTS) business days. those dates occur. Under the auspices of (collectively, the Agencies) are issuing OTS: Manager, Dissemination Branch, the FFIEC, the Agencies have issued interim guidelines (the Guidelines) Records Management and Information eight guidance papers 1 on important establishing Year 2000 safety and Policy, Office of Thrift Supervision, aspects of Year 2000 readiness. The soundness standards for insured 1700 G Street, NW, Washington, DC Agencies are issuing the Guidelines, depository institutions pursuant to 20552, Attention Docket No. 98–97. which are distilled from the FFIEC section 39 of the Federal Deposit These submissions may be hand guidance, to establish minimum safety Insurance Act (FDI Act). Under the delivered to 1700 G Street, NW, and soundness standards for achieving auspices of the Federal Financial Washington, DC, from 9:00 a.m. to 5:00 Institutions Examination Council p.m. on business days; sent by facsimile 1 See Guidance Concerning Contingency Planning (FFIEC), the Agencies have previously transmission to FAX number (202) 906– in Connection with Year 2000 Readiness (May 13, 1998); Guidance on Year 2000 Customer Awareness issued eight guidance papers on 7755, or may be sent by e-mail to: Programs (May 13, 1998); Guidance Concerning important aspects of Year 2000 [email protected]. Those Testing for Year 2000 Readiness (April 10, 1998); readiness. The Guidelines complement commenting by e-mail should include Guidance Concerning the Year 2000 Impact on these eight guidance papers by their name and telephone number. Customers (March 17, 1998); Guidance Concerning Institution Due Diligence in Connection with establishing minimum safety and Comments will be available for Service Provider and Software Vendor Year 2000 soundness standards for achieving Year inspection at 1700 G Street, NW, Readiness (March 17, 1998); Safety and Soundness 2000 readiness. Washington, DC, from 9:00 a.m. until Guidelines Concerning the Year 2000 Business Risk DATES: 4:00 p.m. on business days. (December 17, 1997); Year 2000 Project The Guidelines are effective Management Awareness (May 5, 1997); and The October 15, 1998. Comments must be FOR FURTHER INFORMATION CONTACT: Effect of Year 2000 on Computer Systems (June received by December 14, 1998. OCC: Mark L. O’Dell, Director, Year 1996) [collectively, the FFIEC guidance]. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55481

Year 2000 readiness. The Guidelines do severity of an institution’s intended to be consistent with—key not replace or supplant the FFIEC noncompliance with one or more of the principles contained in the FFIEC guidance, which will continue to apply standards and the significance of the guidance. to all entities regulated or examined by particular standard at issue. See 60 FR The Guidelines define certain key the Agencies. Insured depository at 35675. terms to help clarify the types of actions institutions also should refer to the The Guidelines adopted today insured depository institutions are FFIEC guidance. establish standards for management and expected to undertake. For example, the The Agencies are issuing the boards of directors in developing and term ‘‘mission-critical system’’ is Guidelines pursuant to section 39 of the managing Year 2000 project plans, defined as ‘‘an application or system FDI Act.2 Section 39 requires the validating remediation efforts, and that is vital to the successful Agencies to establish operational and planning for contingencies. In continuance of a core business activity.’’ managerial standards for insured appropriate circumstances, an agency An application that interfaces with a depository institutions relating to, will require an insured depository designated mission-critical system and among other things, internal controls, institution that fails to comply with the software products also may be deemed information systems, and internal audit Guidelines to prepare and submit an a mission-critical system. The systems. Section 39 also authorizes the acceptable compliance plan. The Guidelines also set forth definitions for Agencies to prescribe operational and Agencies will use the rules already in ‘‘external system,’’ ‘‘internal system,’’ managerial standards as they determine place under the 1995 safety and ‘‘external third party supplier,’’ ‘‘other to be appropriate, and to require soundness guidelines to require material third party,’’ ‘‘renovation,’’ institutions that fail to meet such submission of compliance plans. ‘‘business resumption contingency standards to submit corrective action Under those rules, an insured plan,’’ ‘‘remediation contingency plan,’’ plans. depository institution must file a and ‘‘Year 2000 ready or readiness.’’ Standards issued under section 39 compliance plan within 30 days of a The Agencies invite comment on may take the form of regulations or request to do so from an appropriate whether these terms are defined guidelines. If an agency determines that Federal banking agency, unless a appropriately and whether the an insured depository institution fails to different date is prescribed by the Guidelines should include additional meet any standard established by agency. Within 30 days of the plan’s definitions. regulation, then, by the terms of the receipt, the agency must provide written The Guidelines specify that an statute, the agency must require the notice to the insured depository insured depository institution’s initial institution to submit an acceptable plan institution of whether the plan has been review of mission-critical systems for to achieve compliance with the approved or if additional information is Year 2000 readiness should provide the standard. If an agency determines that required. An insured depository basis for establishing priorities and an insured depository institution fails to deadlines and for identifying and institution that fails to submit an meet any standard established by allocating available resources. The acceptable compliance plan within the guideline, the agency may require the development and implementation of a time allowed or fails in any material institution to submit an acceptable written due diligence process to monitor respect to implement an accepted compliance plan. and evaluate Year 2000 efforts by third compliance plan will be subject to an In 1995, the Agencies promulgated party service providers and software agency order directing the institution to Interagency Guidelines Establishing vendors is a critical component of an correct the deficiency. The agency order Standards for Safety and Soundness. 60 institution’s initial assessment. The is directly enforceable in Federal district FR 35674 (July 10, 1995).3 Among other Guidelines also require each insured court; there is no requirement for a prior things, the 1995 guidelines provided depository institution to develop and generally that an insured depository administrative adjudication. See 12 adopt a written project plan that institution should have internal controls U.S.C. 1818(i)(1). A violation of such an addresses each phase of the planning and information systems that are order can serve as the basis for assessing process. However, an insured appropriate to the size of the institution civil money penalties. See 12 U.S.C. depository institution that has already and the nature, scope, and risk of its 1818(i)(2). Section 39 also describes developed and adopted an adequate activities. certain supervisory actions that an project plan, or other plans and As the Agencies noted in adopting the agency may take, and in certain cases procedures for achieving Year 2000 1995 safety and soundness guidelines, must take, until the deficiency is readiness, need not prepare a new, their purpose in issuing standards as corrected. separate project plan, or other plans and guidelines rather than regulations is to Description of the Guidelines procedures, just to satisfy the retain the flexibility to determine Guidelines. Plans and procedures The Guidelines describe certain whether to require an insured already adopted will suffice if they have essential steps that insured depository depository institution to submit an been reviewed and deemed acceptable institutions must take at the awareness, acceptable compliance plan or to pursue by the appropriate Agency. assessment, renovation, validation another course of supervisory action, The Guidelines distinguish between (testing), and implementation phases of depending on the circumstances and renovation of systems controlled by the their efforts to achieve Year 2000 insured depository institution (internal 4 2 Section 39 was added to the FDI Act by section readiness. The standards contained in mission-critical systems) and those 132 of the Federal Deposit Insurance Corporation the Guidelines are based on—and are controlled by a third party (external Improvement Act, Pub. L. 102–242, 105 Stat. 2236, mission-critical systems). Renovation of 2267–70 (December 19, 1991), and was 4 The standards in the Guidelines are described in subsequently amended by section 318 of the Riegle mandatory terms in order to clarify the specific the internal mission-critical systems Community Development and Regulatory actions insured depository institutions are expected must be done in sufficient time for Improvement Act (CDRIA), Pub. L. 103–325, 108 to take to achieve Year 2000 readiness. testing to be substantially complete by Stat. 2160, 2223–24 (September 23, 1994). Nevertheless, as explained above, an Agency will December 31, 1998. Insured depository 3 For a brief history of the Agencies’ regulations decide whether to require corrective action under and guidelines implementing section 39, see 61 FR section 39 for an institution’s noncompliance with institutions relying on systems 43948 (Aug. 27, 1996) (adopting final asset quality these standards based on the circumstances of the controlled and renovated by external and earnings standards). particular case. third party suppliers must determine 55482 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations the ability of their service providers and section 39 to address, in appropriate comment when the agency for good software vendors to address Year 2000 circumstances, Year 2000 readiness- cause finds that notice and public readiness for external mission-critical related safety and soundness concerns procedure thereon are impracticable, systems that are not Year 2000 ready in insured depository institutions. unnecessary, or contrary to the public and to establish programs that allow Section 39 remedies for insured interest); 5 U.S.C. 553(d) (good cause testing and remediation to be depository institutions allow the exception to APA requirement for a 30 substantially completed by March 31, Agencies to move promptly in situations day delayed effective date for final rule); 1999. Insured depository institutions where immediate supervisory action is 12 U.S.C. 4802(b)(1) (good cause must maintain written documentation of essential for safety and soundness exception to the CDRIA requirement all their communications with external reasons. that the Federal banking agencies make third party suppliers regarding their Nonetheless, issuance of a safety and rules effective on the first day of a ability to renovate timely and effectively soundness order pursuant to section 39 calendar quarter which begins on or external mission-critical systems that may not be the most appropriate remedy after the date on which the regulations are not Year 2000 ready. in every case where an insured are published in final form). Making the The Agencies consider testing to be a depository institution fails to comply Guidelines effective immediately is critical process in achieving Year 2000 with the Guidelines. It is for this reason essential for ensuring that the Agencies readiness. Failure of an insured the Agencies have chosen to proceed by can properly and timely address the depository institution to perform guideline, within the meaning of section Year 2000 computer problem and that adequate testing of mission-critical 39, rather than by regulation. As is the insured depository institutions can systems poses a risk to the safe and case with respect to the Agencies’ 1995 achieve Year 2000 readiness in the sound operation of the institution. safety and soundness guidelines, the relatively short time remaining before Failure to conduct thorough testing may Agencies also wish to preserve their Year 2000 problems may begin to occur. mask serious remediation problems. discretion to require supervisory actions The Agencies note that Congress has Failure to properly identify or correct different from those prescribed by recently underscored the importance those problems could threaten the safety section 39 with respect to the and urgency of ensuring Year 2000 and soundness of the institution. The Guidelines if a different action is readiness in the financial services sector Guidelines reflect the Agencies’ warranted by the facts and by passing the Examination Parity and expectations on the timing and scope of circumstances of a particular situation. Year 2000 Readiness for Financial required testing. The Guidelines do not limit the Institutions Act, Pub. L. 105–164, sec. 2, Another essential component of authority of an Agency to address 112 Stat. 32, 32 (1998). Congress achieving Year 2000 readiness unsafe or unsound practices or expressly found that the Year 2000 addressed in the Guidelines is the conditions, violations of law, or other computer problem poses a serious development and implementation of practices, or to adopt appropriate challenge to the American economy, contingency plans for Year 2000 remedies to achieve compliance with including the Nation’s banking and technology failures. The Guidelines the Guidelines, including requiring financial services industries, and that require an insured depository actions by dates that are different from Federal financial regulatory agencies institution to design contingency plans those set forth in the Guidelines. must have sufficient examination appropriate for the institution’s Actions under section 39 and the authority to ensure that the safety and technological systems and operating Guidelines may be taken independently soundness of the Nation’s financial structure that describe how the of, in conjunction with, or in addition institutions will not be at risk. Under institution will mitigate the risks to, other appropriate enforcement these circumstances, the Agencies associated with the failure of systems actions. conclude that prior notice and comment (the business resumption contingency The Agencies note that by law the procedure is impracticable and contrary plan) and, as applicable, the failure to Guidelines apply only to insured to the public interest. complete renovation, testing, or depository institutions, not to all Regulatory Flexibility Act Analysis implementation of its mission-critical financial institutions supervised by the systems (the remediation contingency Agencies, such as bank holding An initial regulatory flexibility plan). companies and U.S. offices of foreign analysis under the Regulatory The Guidelines require insured banking organizations. The Agencies Flexibility Act (RFA) is required when depository institutions to implement a will continue to examine and inspect all an agency is required to publish a due diligence process that identifies financial institutions that they supervise general notice of proposed rulemaking. customers posing material Year 2000 for compliance with the FFIEC guidance 5 U.S.C. 603. As noted above, the risks, evaluates their Year 2000 and may use their authority under Agencies have concluded, for good preparedness, assesses their Year 2000 section 8 of the FDI Act if these cause, that these Guidelines should take risk, and implements appropriate risk institutions fail to comply with the immediate effect and, therefore, that a controls. Finally, the Guidelines require FFIEC guidance. notice of proposed rulemaking is not that the board of directors and required. Accordingly, the Agencies management must be involved in all Request for Comment have concluded that the RFA does not stages of the institution’s efforts to The Agencies invite comment on all require an initial regulatory flexibility achieve Year 2000 readiness. aspects of the Guidelines. analysis of these Interim Guidelines. Management must provide to the board Nonetheless, the Agencies have of directors written status reports at Effective Date considered the likely impact of the least quarterly or as otherwise required The Agencies find good cause for Guidelines on small entities and believe to keep the board of directors fully issuing the Guidelines effective that the Guidelines do not have a informed of the institution’s Year 2000 immediately, without prior notice and significant impact on a substantial efforts. comment. Cf. 5 U.S.C. 553(b)(B) number of small entities. The potential The Guidelines enable the Agencies to (Administrative Procedure Act (APA) inability of computers to correctly use the streamlined compliance and provision permitting an agency to issue recognize certain dates in 1999 and on enforcement mechanisms provided by a rule without prior notice and and after January 1, 2000, compels all Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55483 institutions, including small Budget, Paperwork Reduction Project information should be sent to Steven F. institutions, to formulate appropriate (1557–0212), Washington, DC 20503. Hanft, Office of the Executive Secretary, and timely management responses. The In essence, the Guidelines incorporate Federal Deposit Insurance Corporation, Guidelines provide a procedural the important elements of the 550 17th Street, NW, Washington, DC framework for formulating that response outstanding FFIEC guidance. In addition 20429, with a copy to the Office of and reiterate the Agencies’ expectations, to the paperwork usually maintained by Management and Budget, Paperwork distilled from existing FFIEC guidance, an insured depository institution in the Reduction Project (3064–0128 Year regarding appropriate business practices regular course of business, the FFIEC 2000), Washington, DC 20503. for achieving Year 2000 readiness. For guidance and the Guidelines impose In essence, the Guidelines incorporate example, as indicated earlier in this some additional paperwork burden. the important elements of the preamble, plans and procedures that This burden is found in appendix B to outstanding FFIEC guidance. In addition institutions have already developed to part 30. The OCC needs this information to the paperwork usually maintained by achieve Year 2000 readiness can satisfy to assess an insured depository an insured depository institution in the the Guidelines if they have been institution’s compliance with the regular course of business, the FFIEC reviewed and deemed acceptable by the Guidelines set forth in appendix B. The guidance and the Guidelines impose appropriate Agency. likely respondents are national banks. some additional paperwork burden. The Agencies invite interested Estimated number of respondents: This burden is found in appendix B to persons to submit comments on the 650. part 364. The FDIC needs this impact of the Guidelines on small Estimated average annual burden information to assess an insured entities for consideration in the hours per respondent: 60 hours. depository institution’s compliance development of final Guidelines. Estimated total annual recordkeeping with the Guidelines set forth in burden: 39,255 hours. appendix B. The likely respondents are Paperwork Reduction Act Board: In accordance with section insured nonmember banks. The Agencies invite comment on: 3506 of the Paperwork Reduction Act of Estimated number of respondents: (1) Whether the collections of 1995 (44 U.S.C. Ch. 35; 5 CFR 1320, 341. information contained in the Guidelines appendix A.1), the Board reviewed the Estimated average annual burden are necessary for the proper Guidelines under the authority hours per respondent: 68 hours. performance of each Agency’s functions, delegated to the Board by the OMB. Estimated total annual recordkeeping including whether the information has Comments on the collections of burden: 23,188 hours. practical utility; information should be sent to Mary M. OTS: The collection of information (2) The accuracy of each Agency’s McLaughlin, Chief, Financial Reports requirements contained in the estimate of the burden of the Section, Division of Research and Guidelines have been submitted to and information collections; Statistics, Mail Stop 97, Board of approved by the OMB under its (3) Ways to enhance the quality, Governors of the Federal Reserve emergency procedures and in utility, and clarity of the information to System, Washington, DC 20551, with a accordance with the Paperwork be collected; copy to the Office of Management and Reduction Act of 1995. 44 U.S.C. 3507. (4) Ways to minimize the burden of Budget, Paperwork Reduction Project Since OMB clearance is for a 6-month the information collections on (7100–0290), Washington, DC 20503. period, the OTS will use any comments respondents, including the use of In essence, the Guidelines incorporate received to develop its renewed request. automated collection techniques or the important elements of the Comments on the collection of other forms of information technology; outstanding FFIEC guidance. In addition information should be sent to the and to the paperwork usually maintained by Regulations and Legislation Division (5) Estimates of capital or start-up an insured depository institution in the (1550–0051), Office of Thrift costs and costs of operation, minutes, regular course of business, the FFIEC Supervision, 1700 G Street, NW, and purchase of services to provide guidance and the Guidelines impose Washington, DC 20552, with a copy to information. some additional paperwork burden. the Office of Management and Budget, Respondents and Recordkeepers are This burden is found in appendix D–2 Paperwork Reduction Project (1550– not required to respond to this to part 208. The Board needs this 0051), Washington, DC 20503. collection of information unless it information to assess an insured In essence, the Guidelines incorporate displays a currently valid Office of depository institution’s compliance the important elements of the Management and Budget (OMB) control with the Guidelines set forth in outstanding FFIEC guidance. In addition number. appendix D–2. The likely respondents to the paperwork usually maintained by OCC: The collection of information are state member banks. an insured depository institution in the requirements contained in the Estimated number of respondents: regular course of business, the FFIEC Guidelines have been submitted to and 994. guidance and the Guidelines impose approved by the OMB under its Estimated average annual burden some additional paperwork burden. emergency procedures and in hours per respondent: 20 hours. This burden is found in appendix B to accordance with the Paperwork Estimated total annual recordkeeping part 570. The OTS needs this Reduction Act of 1995. 44 U.S.C. 3507. burden: 19,880. information to assess an insured Since OMB clearance is for a 6-month FDIC: The collections of information depository institution’s compliance period, OCC will use any comments contained in the Guidelines have been with the Guidelines set forth in received to develop its renewed request. submitted to and approved by the OMB appendix B. The likely respondents are Comments on the collections of under its emergency procedures and in savings associations. information should be sent to the accordance with the Paperwork Estimated number of respondents: Legislative and Regulatory Activities Reduction Act of 1995. 44 U.S.C. 3507. 275. Division (1557–0212), Office of the Since OMB clearance is for a 6-month Estimated average annual burden Comptroller of the Currency, 250 E period, the FDIC will use any comments hours per respondent: 57 hours. Street, SW, Washington, DC 20219, with received to develop its renewed request. Estimated total annual recordkeeping a copy to the Office of Management and Comments on the collections of burden: 15,675 hours. 55484 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

Executive Order 12866 the Interagency Guidelines Establishing depository institution will mitigate the risks Standards for Safety and Soundness adopted associated with the failure to successfully The OCC and OTS have determined in 1995, apply to all insured depository complete renovation, testing, or that the Guidelines are not ‘‘a significant institutions. implementation of its mission-critical regulatory action’’ under Executive systems. A. Preservation of Existing Authority Order 12866. h. Renovation means code enhancements, Neither section 39 nor the Guidelines in hardware and software upgrades, system OCC and OTS: Unfunded Mandates any way limits the authority of the Federal replacements, and other associated changes Reform Act Analysis banking agencies to address unsafe or that ensure that the insured depository unsound practices, violations of law, unsafe institution’s mission-critical systems and The Unfunded Mandates Reform Act or unsound conditions, or other practices. of 1995 (UMA), Pub. L. 104–4, applies applications are Year 2000 ready. The Federal banking agencies, in their sole i. Year 2000 ready or readiness with only when an agency is required to discretion, may take appropriate actions so respect to a system or application means the promulgate a general notice of proposed that insured depository institutions will be system or application accurately processes, rulemaking or a final rule for which a able to successfully continue business calculates, compares, or sequences date or general notice of proposed rulemaking operations after January 1, 2000, including on time data from, into, or between the 20th and was published. 2 U.S.C. 1532. As noted a case-by-case basis requiring actions by 21st centuries; or the years 1999 and 2000; above, the Agencies have concluded, for dates that are later than the key dates set or with regard to leap year calculations. forth in the Guidelines. Action under section good cause, that a notice of proposed 39 and the Guidelines may be taken II. Year 2000 Standards for Safety and rulemaking is not required. independently of, in conjunction with, or in Soundness Accordingly, the Agencies have addition to any other action, including A. Review of Mission-Critical Systems For concluded that the UMA does not enforcement action, available to the Federal Year 2000 Readiness. Each insured require an unfunded mandates analysis banking agencies. depository institution shall in writing: of the Guidelines. B. Definitions 1. Identify all internal and external Moreover, the Agencies believe that mission-critical systems that are not Year 1. In general. For purposes of the the Guidelines will not result in 2000 ready; Guidelines the following definitions apply: 2. Establish priorities for accomplishing expenditures by State, local, and tribal a. Business resumption contingency plan work and allocating resources to renovating governments, or by the private sector, of means a plan that describes how mission- internal mission-critical systems; more than $100 million in any one year. critical systems of the insured depository 3. Identify the resource requirements and Accordingly, neither the OCC nor the institution will continue to operate in the individuals assigned to the Year 2000 project event there are system failures in processing, OTS has prepared a budgetary impact on internal mission-critical systems; calculating, comparing, or sequencing date or statement or specifically addressed the 4. Establish reasonable deadlines for time data from, into, or between the 20th and regulatory alternatives considered. commencing and completing the renovation 21st centuries; or the years 1999 and 2000; Text of Uniform Interim Guidelines (All or with regard to leap year calculations. of such internal mission-critical systems; 5. Develop and adopt a project plan that Agencies) b. External system means a system the renovation of which is not controlled by the addresses the insured depository institution’s The text of the agencies’ uniform insured depository institution, including Year 2000 renovation, testing, contingency interim guidelines appears below: systems provided by service providers and planning, and management oversight process; any interfaces with external third party and Appendix lll to 6. Develop a due diligence process to lll suppliers and other material third parties. Part Interagency Guidelines c. External third party supplier means a monitor and evaluate the efforts of external Establishing Year 2000 Standards for service provider or software vendor that third party suppliers to achieve Year 2000 Safety and Soundness supplies services or products to insured readiness. depository institutions. B. Renovation of Internal Mission-Critical Table of Contents d. Internal system means a system the Systems. Each insured depository institution I. Introduction renovation of which is controlled by the shall commence renovation of all internal A. Preservation of existing authority insured depository institution, including mission-critical systems that are not Year B. Definitions software, operating systems, mainframe 2000 ready in sufficient time that testing of II. Year 2000 Standards for Safety and computers, personal computers, readers/ the renovation can be substantially Soundness sorters, and proof machines. Internal system completed by December 31, 1998. A. Review of mission-critical systems for also may include a system controlled by the C. Renovation of External Mission-Critical Year 2000 readiness insured depository institution with Systems. Each insured depository institution B. Renovation of internal mission-critical embedded integrated circuits (e.g., heating shall: systems and cooling systems, vaults, 1. Determine the ability of external third C. Renovation of external mission-critical communications, security systems, and party suppliers to renovate external mission- systems elevators). critical systems that are not Year 2000 ready D. Testing of mission-critical systems e. Mission-critical system means an and to complete the renovation in sufficient E. Business resumption contingency application or system that is vital to the time to substantially complete testing by planning successful continuance of a core business March 31, 1999; F. Remediation contingency planning activity. An application or system may be 2. Maintain written documentation of all G. Customer risk mission-critical if it interfaces with a its communications with external third party H. Involvement of the board of directors designated mission-critical system. Software suppliers regarding their ability to renovate and management products also may be mission-critical. timely and effectively external mission- f. Other material third party means a third critical systems that are not Year 2000 ready; I. Introduction party, other than an external third party and The Interagency Guidelines Establishing supplier, to whom an insured depository 3. Develop in writing an ongoing due Year 2000 Standards for Safety and institution transmits data or from whom an diligence process to monitor and evaluate the Soundness (Guidelines) set forth safety and insured depository institution receives data, efforts of external third party suppliers to soundness standards pursuant to section 39 including business partners (e.g., credit achieve Year 2000 readiness, including: of the Federal Deposit Insurance Act (section bureaus), other insured depository a. monitoring the efforts of external third 39) (12 U.S.C. 1831p-1) that are applicable to institutions, payment system providers, party suppliers to achieve Year 2000 an insured depository institution’s efforts to clearinghouses, customers, and utilities. readiness on at least a quarterly basis and achieve Year 2000 readiness. The Guidelines, g. Remediation contingency plan means a documenting communications with these which also interpret the general standards in plan that describes how the insured suppliers; and Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55485

b. reviewing the insured depository G. Customer Risk. Each insured depository information, Crime, Currency, Federal institution’s contractual arrangements with institution shall develop and implement a Reserve System, Mortgages, Reporting external third party suppliers to determine written due diligence process that: and recordkeeping requirements, Safety the parties’ rights and obligations to achieve 1. Identifies customers, including fund Year 2000 readiness. providers, fund takers, and capital market/ and soundness, Securities. D. Testing of Mission-Critical Systems. asset management counterparties, that 12 CFR Part 364 Each insured depository institution shall: represent material risk exposure to the 1. Develop and implement an effective institution; Administrative practice and written testing plan for both internal and 2. Evaluates their Year 2000 preparedness; procedure, Bank deposit insurance, external systems. Such a plan shall include 3. Assesses their existing and potential Banks, Banking, Reporting and the testing environment, testing Year 2000 risk to the institution; and 4. recordkeeping requirements, Safety and methodology, testing schedules, budget Implements appropriate risk controls, soundness. projections, participants to be involved in including controls for underwriting risk, to testing, and the critical dates to be tested to manage and mitigate their Year 2000 risk to 12 CFR Part 570 achieve Year 2000 readiness; the institution. 2. Verify the adequacy of the testing H. Involvement of the Board of Directors Accounting, Administrative practice process and validate the results of the tests and Management. and procedures, Bank deposit with the assistance of the project manager 1. During all stages of the renovation, insurance, Holding companies, responsible for Year 2000 readiness, the testing, and contingency planning process, Reporting and recordkeeping owner of the system tested, and an objective the board of directors and management of requirements, Savings associations, independent party (such as an auditor, a each insured depository institution shall: Safety and soundness. consultant, or a qualified individual from a. be actively involved in managing efforts Adoption of Uniform Interagency within or outside of the insured depository to plan, allocate resources, and monitor Guidelines. The agency specific institution who is independent of the process progress towards attaining Year 2000 adoptions of the uniform interagency under review); readiness; 3. Substantially complete testing of b. oversee the efforts of the insured guidelines, which appear at the end of internal mission-critical systems by depository institution to achieve Year 2000 the common preamble, are set forth December 31, 1998; readiness and allocate sufficient resources to below. 4. Commence testing of external mission- resolve problems relating to the institution’s Office of the Comptroller of the Currency critical systems by January 1, 1999; Year 2000 readiness; and 5. Substantially complete testing of c. evaluate the Year 2000 risk associated 12 CFR Chapter I external mission-critical systems by March with any strategic business initiatives Authority and Issuance 31, 1999; contemplated by the insured depository 6. Commence testing with other material institution, including mergers and For the reasons set forth in the third parties by March 31, 1999; and acquisitions, major systems development, common preamble, part 30 of chapter I 7. Complete testing of all mission- corporate alliances, and system of title 12 of the Code of Federal critical systems by June 30, 1999. interdependencies. Regulations is amended as follows: E. Business Resumption Contingency 2. In addition, the board of directors, at a Planning. Each insured depository institution minimum, shall require from management, PART 30ÐSAFETY AND SOUNDNESS shall develop and implement an effective and management shall provide to the board STANDARDS written business resumption contingency of directors, written status reports, at least plan that, at a minimum: quarterly and as otherwise appropriate to 1. The authority citation for part 30 1. Defines scenarios for mission-critical keep the directorate fully informed, of the continues to read as follows: systems failing to achieve Year 2000 insured depository institution’s efforts in readiness; achieving Year 2000 readiness. Such written Authority: 12 U.S.C. 93a, 1831p–1. 2. Evaluates options and selects a status reports shall, at a minimum, include: 2. A new appendix B is added to part reasonable contingency strategy for those a. The overall progress of the insured 30 to read as set forth at the end of the systems; depository institution’s efforts in achieving 3. Provides for the periodic testing of the Year 2000 readiness; common preamble: business resumption contingency plan; and b. The insured depository institution’s Appendix B to Part 30—Interagency 4. Provides for independent testing of the interim progress in renovating, validating, Guidelines Establishing Year 2000 business resumption contingency plan by an and contingency planning measured against objective independent party, such as an the insured depository institution’s Year Standards for Safety and Soundness auditor, consultant, or qualified individual 2000 project plan as adopted under section Dated: September 21, 1998. from another area of the insured depository II.A.5. of appendix B; Julie L. Williams, institution who was not involved in the c. The status of efforts by key external third formulation of the business resumption party suppliers and other material third Acting Comptroller of the Currency. contingency plan. parties in achieving Year 2000 readiness; Federal Reserve System F. Remediation Contingency Planning. d. The results of the testing process; 12 CFR Part 208 Each insured depository institution that has e. The status of contingency planning failed to successfully complete renovation, efforts; and Authority and Issuance testing, and implementation of a mission- f. The status of the ongoing assessment of critical system, or is in the process of customer risk. For the reasons set forth in the remediation and is not on schedule with the common preamble, part 208 of chapter [End of text of Uniform Interim Guidelines] key dates in section II.D, shall develop and II of title 12 of the Code of Federal implement an effective written remediation List of Subjects Regulations is amended as follows: contingency plan that, at a minimum: 1. Outlines the alternatives available if 12 CFR Part 30 PART 208ÐMEMBERSHIP OF STATE remediation efforts are not successful, Administrative practice and BANKING INSTITUTIONS IN THE including the availability of alternative procedure, National banks, Reporting FEDERAL RESERVE SYSTEM external third party suppliers, and selects a reasonable contingency strategy; and and recordkeeping requirements, Safety (REGULATION H) and soundness. 2. Establishes trigger dates for activating 1. The authority citation for 12 CFR the remediation contingency plan, taking into 12 CFR Part 208 account the time necessary to convert to Part 208 continues to read as follows: alternative external third party suppliers or Accounting, Agriculture, Banks, Authority: 12 U.S.C. 24, 36, 92a, 93a, to complete any other selected strategy. banking, Confidential business 248(a), 248(c), 321–338a, 371d, 461, 481–486, 55486 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

601, 611, 1814, 1816, 1818, 1823(j), 1828(o), Authority: 12 U.S.C. 1831p–1. rule is intended only to incorporate 1831o, 1831p–1, 1831r–1, 1835a, 1882, 2901– appropriate references to the 2907, 3105, 3310, 3331–3351, and 3906– 2. A new appendix B is added to part 570 to read as set forth at the end of the Interagency Guidelines Establishing 3909, 15 U.S.C. 78b, 781(b), 781(g), 781(i), Year 2000 Standards for Safety and 78o–4(c)(5), 78q, 78q–1, and 78w; 31 U.S.C. common preamble: Soundness published elsewhere in this 5318; 42 U.S.C. 4012a, 4104a, 4104b, 4106, Appendix B to Part 570—Interagency and 4128. issue of the Federal Register. Guidelines Establishing Year 2000 DATES: This interim rule is effective Appendix D [Redesignated as Appendix D– Standards for Safety and Soundness 1] October 15, 1998. Comments must be 2. Appendix D to part 208 is Dated: September 29, 1998. received by December 14, 1998. redesignated as Appendix D–1. Ellen Seidman, ADDRESSES: Comments should be 3. A new appendix D–2 is added to Director. directed to: part 208 to read as set forth at the end [FR Doc. 98–27672 Filed 10–14–98; 8:45 am] OCC: Office of the Comptroller of the of the common preamble: BILLING CODES 4810±33±P, 6210±01±P, 6714±01±P, Currency, Communications Division, 6720±01±P 250 E Street, SW, Washington, DC Appendix D–2 to Part 208—Interagency 20219, Attention: Docket No. 98–13. Guidelines Establishing Year 2000 Comments will be available for public Standards for Safety and Soundness DEPARTMENT OF THE TREASURY inspection and photocopying at the same location. In addition, comments By Order of the Board of Governors of the Office of the Comptroller of the Federal Reserve System, September 30, 1998. may be sent by facsimile transmission to Currency Jennifer J. Johnson, FAX number (202) 874–5274 or by Secretary of the Board. 12 CFR Part 30 Internet mail to [email protected]. Federal Deposit Insurance Corporation [Docket No. 98±13] Board: Jennifer J. Johnson, Secretary, 12 CFR Part 364 Board of Governors of the Federal RIN 1557±AB67 Reserve System, Docket No. R–1018, Authority and Issuance FEDERAL RESERVE SYSTEM 20th Street and Constitution Avenue, For the reasons set forth in the NW, Washington, DC 20551. Comments common preamble, part 364 of chapter 12 CFR Part 263 addressed to Ms. Johnson may also be III of title 12 of the Code of Federal delivered to the Board’s mail room Regulations is amended as follows: [Docket No. R±1018] between 8:45 a.m. and 5:15 p.m., and to the security control room outside of PART 364ÐSTANDARDS FOR SAFETY FEDERAL DEPOSIT INSURANCE those hours. Both the mail room and AND SOUNDNESS CORPORATION control room are accessible from the courtyard entrance on 20th Street 1. The authority citation for 12 CFR 12 CFR Part 364 part 364 continues to read as follows: between Constitution Avenue and C RIN 3064±AC18 Street, NW, Washington, DC. Comments Authority: 12 U.S.C. 1819 (Tenth), 1831p– may be inspected in room MP–500 1. DEPARTMENT OF THE TREASURY between 9:00 a.m. and 5:00 p.m., except 2. A new Appendix B is added to part as provided in § 261.14 of the Board’s 364 to read as set forth at the end of the Office of Thrift Supervision Rules Regarding Availability of common preamble: Information, 12 CFR 261.14. 12 CFR Part 570 Appendix B to Part 364—Interagency FDIC: Robert E. Feldman, Executive Guidelines Establishing Year 2000 [Docket No. 98±106] Secretary, Attention: Comments/OES, Standards for Safety and Soundness Federal Deposit Insurance Corporation, RIN 1550±AB27 550 17th Street, NW, Washington, DC By Order of the Board of Directors, Safety and Soundness Standards 20429. Comments may be hand Dated at Washington, DC, this 8th Day of delivered to the guard station at the rear October, 1998. AGENCIES: Office of the Comptroller of of the 550 17th Street Building (located Federal Deposit Insurance Corporation. the Currency, Treasury; Board of on F Street), on business days between James D. LaPierre, Governors of the Federal Reserve 7:00 a.m. and 5:00 p.m. (Fax number: Deputy Executive Secretary. System; Federal Deposit Insurance (202) 898–3838; Internet address: Office of Thrift Supervision Corporation; and Office of Thrift [email protected]). Comments may be Supervision, Treasury. inspected and photocopied in the FDIC 12 CFR Part 570 ACTION: Interim rule with request for Public Information Center, Room 100, Authority and Issuance comment. 801 17th Street, NW, Washington, DC, between 9:00 a.m. and 4:30 p.m. on For the reasons set forth in the SUMMARY: The Office of the Comptroller business days. common preamble, part 570 of chapter of the Currency (OCC), the Board of OTS: Manager, Dissemination Branch, V of title 12 of the Code of Federal Governors of the Federal Reserve Records Management and Information Regulations is amended as follows: System (Board), the Federal Deposit Policy, Office of Thrift Supervision, PART 570ÐSUBMISSION AND REVIEW Insurance Corporation (FDIC), and the 1700 G Street, NW, Washington, DC OF SAFETY AND SOUNDNESS Office of Thrift Supervision (OTS) 20552, Attention Docket No. 98–106. COMPLIANCE PLANS AND ISSUANCE (collectively, the Agencies) are adopting These submissions may be hand OF ORDERS TO CORRECT SAFETY this interim rule to update their rules of delivered to 1700 G Street, NW, AND SOUNDNESS DEFICIENCIES procedure pertaining to safety and Washington, DC, from 9:00 a.m. to 5:00 soundness standards issued under p.m. on business days; sent by facsimile 1. The authority citation for part 570 section 39 of the Federal Deposit transmission to FAX number (202) 906– continues to read as follows: Insurance Act (FDI Act). This interim 7755, or may be sent by e-mail to: Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55487 [email protected]. Those Notice and Comment, Effective Date, requirements on insured depository commenting by e-mail should include and Request for Comment institutions and makes only conforming their name and telephone number. Section 553 of the Administrative amendments to the Agencies’ current Comments will be available for Procedure Act (APA) permits an agency rules of procedure, the Agencies find inspection at 1700 G Street, NW, to issue rules without prior notice and that this interim rule does not have a Washington, DC, from 9:00 a.m. until comment if the Agency, for good cause, significant effect on a substantial 4:00 p.m. on business days. finds that notice and comment are number of small entities or create any FOR FURTHER INFORMATION CONTACT: impracticable, unnecessary, or contrary additional burden on small entities. OCC: Ursula Pfeil, Attorney, to the public interest and explains its Paperwork Reduction Act Legislative and Regulatory Activities finding when it publishes the rule. 5 The Agencies have determined that (202) 874–5090; or Brian McCormally, U.S.C. 553(b)(B). This interim rule Assistant Director, Enforcement and this interim rule does not involve a makes only conforming amendments to collection of information pursuant to Compliance (202) 874–4800. the Agencies’ current rules of procedure Board: Stephanie Martin, Senior the Paperwork Reduction Act of 1995 to refer to the Year 2000 Guidelines. (44 U.S.C. 3501 et seq.). Counsel, Legal Division (202) 452–3198. This interim rule makes no other For the hearing impaired only, changes to the Agencies’ procedural Executive Order 12866 Telecommunication Device for Deaf rules, and it imposes no new The OCC and OTS have determined (TDD), Diane Jenkins (202) 452–3544, substantive requirements on insured that this interim rule is not a significant Board of Governors of the Federal depository institutions. Therefore, each regulatory action under Executive Order Reserve System, 20th and C Streets, of the Agencies finds that prior notice 12866. NW, Washington, DC 20551. and comment are unnecessary and, FDIC: Sandy Comenetz, Year 2000 accordingly, are issuing this interim rule OCC and OTS: Unfunded Mandates Project Manager, Legal Division (202) without prior notice and comment. Reform Act Analysis 898–3582; Richard Bogue, Counsel, Section 302 of the Riegle Community The Unfunded Mandates Reform Act Legal Division (202) 898–3726; or Nancy Development and Regulatory of 1995 (UMA), Pub. L. 104–4, applies Chase Miller, Counsel, Legal Division Improvement Act (CDRIA) of 1994, Pub. only when an agency is required to (202) 898–6533. L. 103–325, requires that new issue a general notice of proposed OTS: Dorothy Van Cleave, National regulations and amendments to existing rulemaking or a final rule for which a Year 2000 Coordinator (202) 906–7380; regulations prescribed by a Federal general notice of proposed rulemaking or Robert D. DeCuir, Senior Enforcement banking agency that impose reporting, was published. 2 U.S.C. 1532. As noted Attorney, Office of Enforcement, Office disclosure, or other requirements on previously, the Agencies have of Chief Counsel (202) 906–7152. insured depository institutions shall determined, for good cause, that this SUPPLEMENTARY INFORMATION: take effect on the first day of the interim rule should take immediate calendar quarter that begins on or after Background and Discussion of Interim effect and, therefore, that a notice of the date on which the regulation is Rule proposed rulemaking is not required. published in final form. 12 U.S.C. Accordingly, the Agencies have In 1995, the Agencies jointly adopted 4802(b)(1). Additionally, section 553(d) concluded that the UMA does not Guidelines Establishing Standards for of the APA states that publication of a require an unfunded mandates analysis Safety and Soundness pursuant to rule shall be made not less than 30 days of this interim rule. section 39 of the FDI Act. At the same before its effective date. 5 U.S.C. 553(d). Moreover, the Agencies find that this time, each of the Agencies adopted rules Both the CDRIA and APA permit an interim rule will not result in establishing procedures for requiring agency to select an earlier effective date expenditure by State, local, and tribal submission of a compliance plan and for good cause published with the governments, or by the private sector, of issuing an enforceable order for regulation. As noted earlier, since this more than $100 million in any one year. violation of safety and soundness interim rule makes only conforming Accordingly, neither the OCC nor the standards pursuant to section 39. The amendments to the Agencies’ rules, OTS has prepared a budgetary impact general standards for safety and each Agency finds good cause to statement or specifically addressed the soundness are set forth in an appendix dispense with the delayed effective date regulatory alternatives considered. to each Agency’s procedural rules. 60 requirements. List of Subjects FR 35674 (July 10, 1995). The Agencies invite comments on this Elsewhere in this issue of the Federal interim rule during the 60-day period 12 CFR Part 30 Register, the Agencies are publishing that runs concurrently with their Administrative practice and Interagency Guidelines Establishing request for comment on the Year 2000 procedure, National banks, Reporting Year 2000 Standards for Safety and Guidelines. and recordkeeping requirements, Safety Soundness (Year 2000 Guidelines) and soundness. under section 39 of the FDI Act. 12 Regulatory Flexibility Act Analysis U.S.C. 1831p–1. The Year 2000 An initial regulatory flexibility 12 CFR Part 263 Guidelines published today will appear analysis under the Regulatory Administrative practice and as a second appendix to the Agencies’ Flexibility Act is required only when an procedure, Claims, Crime, Equal access respective procedural rules. agency must publish a general notice of to justice, Federal Reserve System, This interim rule makes minor proposed rulemaking. 5 U.S.C. 603. As Lawyers, Penalties. conforming amendments to the noted previously, the Agencies have Agencies’ procedural rules to determined that it is not necessary to 12 CFR Part 364 incorporate appropriate references to publish a notice of proposed rulemaking Administrative practice and the Agencies’ Year 2000 Guidelines. for this interim rule. Accordingly, an procedure, Bank deposit insurance, This interim rule makes no substantive initial regulatory flexibility analysis is Banks, banking, Reporting and changes to the Agencies’ rules of not required. In addition, since this recordkeeping requirements, Safety and procedure. interim rule imposes no new soundness. 55488 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations

12 CFR Part 570 PART 263ÐRULES OF PRACTICE FOR state-licensed insured branches of HEARINGS foreign banks, that are subject to the Accounting, Administrative practice provisions of section 39 of the Federal and procedures, Bank deposit 1. The authority citation for part 263 Deposit Insurance Act. insurance, Holding companies, continues to read as follows: (b) Year 2000 standards. The Reporting and recordkeeping Authority: 5 U.S.C. 504; 12 U.S.C. 248, Interagency Guidelines Establishing requirements, Savings associations, 324, 504, 505, 1817(j), 1818, 1828(c), 1831o, Year 2000 Standards for Safety and Safety and soundness. 1831p-1, 1847(b), 1847(d), 1884(b), Soundness prescribed pursuant to 1972(2)(F), 3105, 3107, 3108, 3907, 3909; 15 section 39 of the Federal Deposit Office of the Comptroller of the U.S.C. 21, 78o–4, 78o–5, 78u–2; and 28 Currency Insurance Act (12 U.S.C. 1831p–1), as U.S.C. 2461 note. set forth as appendix B to this part, 12 CFR Chapter I Subpart IÐSubmission and Review of apply to all insured state nonmember Authority and Issuance Safety and Soundness Plans and Issuance banks and to state-licensed insured of Orders to Correct Safety and Soundness branches of foreign banks, that are For the reasons set out in the joint Deficiencies subject to the provisions of section 39 of preamble, the OCC is amending part 30 2. In § 263.302, paragraph (a) is the Federal Deposit Insurance Act. of chapter I of title 12 of the Code of revised to read as follows: By Order of the Board of Directors. Federal Regulations as follows: § 263.302 Determination and notification of Dated at Washington, DC, this 8th day of October, 1998. PART 30ÐSAFETY AND SOUNDNESS failure to meet safety and soundness standard and request for compliance plan. Federal Deposit Insurance Corporation. STANDARDS (a) Determination. The Board may, James D. LaPierre, 1. The authority citation for part 30 based upon an examination, inspection, Deputy Executive Secretary. continues to read as follows: or any other information that becomes Office of Thrift Supervision available to the Board, determine that a Authority: 12 U.S.C. 93a, 1831p–1. bank has failed to satisfy the safety and 12 CFR Chapter V 2. In § 30.2, the last sentence is soundness standards contained in the Authority and Issuance Interagency Guidelines Establishing revised to read as follows: For the reasons set out in the joint Standards for Safety and Soundness set preamble, the OTS is amending part 570 § 30.2 Purpose. out in appendix D–1 to part 208 of this of chapter V of title 12 of the Code of chapter or the Interagency Guidelines ** * The Interagency Guidelines Federal Regulations as follows: Establishing Year 2000 Standards for Establishing Standards for Safety and Safety and Soundness set out in Soundness are set forth in appendix A PART 570ÐSUBMISSION AND REVIEW appendix D–2 to part 208 of this to this part and the Interagency OF SAFETY AND SOUNDNESS chapter. Guidelines Establishing Year 2000 COMPLIANCE PLANS AND ISSUANCE Standards for Safety and Soundness are * * * * * OF ORDERS TO CORRECT SAFETY set forth in appendix B to this part. By Order of the Board of Governors of the AND SOUNDNESS DEFICIENCIES Federal Reserve System, September 30, 1998. 3. In § 30.3, paragraph (a) is revised to 1. The authority citation for part 570 read as follows: Jennifer J. Johnson, continues to read as follows: Secretary of the Board. § 30.3 Determination and notification of Authority: 12 U.S.C. 1831p–1. failure to meet safety and soundness Federal Deposit Insurance Corporation 2. In § 570.1, paragraph (a), the last standard and request for compliance plan. sentence of paragraph (b), and 12 CFR Chapter III (a) Determination. The OCC may, paragraph (c) are revised to read as For the reasons set out in the joint follows: based upon an examination, inspection, preamble, the FDIC is amending part or any other information that becomes 364 of chapter III of title 12 of the Code § 570.1 Authority, purpose, scope and available to the OCC, determine that a of Federal Regulations as follows: preservation of existing authority. bank has failed to satisfy the safety and (a) Authority. This part and the soundness standards contained in the PART 364ÐSTANDARDS FOR SAFETY Guidelines in Appendices A and B to Interagency Guidelines Establishing AND SOUNDNESS this part are issued by the OTS under Standards for Safety and Soundness set section 39 (section 39) of the Federal forth in appendix A to this part or the 1. The authority citation for part 364 Deposit Insurance Act (FDI Act) (12 Interagency Guidelines Establishing continues to read as follows: U.S.C. 1831p–1) as added by section 132 Year 2000 Standards for Safety and Authority: 12 U.S.C. 1819 (Tenth), 1831p– of the Federal Deposit Insurance Soundness set forth in appendix B to -1. Corporation Improvement Act of 1991 this part. 2. Section 364.101 is revised to read (FDICIA) (Pub. L. 102–242, 105 Stat. * * * * * as follows: 2236 (1991)), and as amended by section Dated: September 21, 1998. 956 of the Housing and Community Julie L. Williams, § 364.101 Standards for safety and Development Act of 1992 (Pub. L. 102– soundness. Acting Comptroller of the Currency. 550, 106 Stat. 3895 (1992)), and as (a) General standards. The amended by section 318 of the Federal Reserve System Interagency Guidelines Establishing Community Development Banking Act 12 CFR Chapter II Standards for Safety and Soundness of 1994 (Pub. L. 103–325, 108 Stat. 2160 prescribed pursuant to section 39 of the (1994)). For the reasons set out in the joint Federal Deposit Insurance Act (12 (b) * * * Interagency Guidelines preamble, the Board is amending part U.S.C. 1831p–-1), as set forth as Establishing Standards for Safety and 263 of chapter II of title 12 of the Code appendix A to this part, apply to all Soundness pursuant to section 39 of the of Federal Regulations as follows: insured state nonmember banks and to FDI Act are set forth in Appendix A to Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Rules and Regulations 55489 this part. The Interagency Guidelines § 570.2 Determination and notification of to this part or the Interagency Establishing Year 2000 Standards for failure to meet safety and soundness Guidelines Establishing Year 2000 Safety and Soundness are set forth in standards and request for compliance plan. Standards for Safety and Soundness as Appendix B to this part. (a) Determination. The OTS may, set forth in Appendix B to this part. (c) Scope. This part and the based upon an examination, inspection, * * * * * Interagency Guidelines at Appendices A or any other information that becomes Dated: September 29, 1998. and B to this part implement the available to the OTS, determine that a Ellen Seidman, provisions of section 39 of the FDI Act savings association has failed to satisfy as they apply to savings associations. the safety and soundness standards Director. * * * * * contained in the Interagency Guidelines [FR Doc. 98–27671 Filed 10–14–98; 8:45 am] 3. In § 570.2, paragraph (a) is revised Establishing Standards for Safety and BILLING CODES: 4810±33±P, 6210±01±P, 6714±01±P, to read as follows: Soundness as set forth in Appendix A 6720±01±P federal register October 15,1998 Thursday Grant Program;Notice Freely-Associated StatesEducational Education Department of Part V 55491 55492 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

DEPARTMENT OF EDUCATION (2) In determining the significance of (1) The Secretary considers the the proposed project, the Secretary quality of the personnel who will carry [CFDA NO. 84.256] considers the following factors: out the proposed project. Freely-Associated States Educational (i) The significance of the proposed (2) In determining the quality of the Grant Program project to education in the area to be personnel, the Secretary considers the served. extent to which the applicant AGENCY: Department of Education. (ii) The significance of the problem or encourages applications for employment ACTION: Notice inviting applications for issue to be addressed by the proposed from persons who are members of new awards for fiscal year (FY) 1999. project. groups that have traditionally been (iii) The importance or magnitude of underrepresented based on race, color, Purpose of the Program: The program the results or outcomes likely to be national origin, gender, age, or provides financial assistance for attained by the proposed project, disability. educational purposes to local especially improvements in teaching (3) In addition, the Secretary educational agencies in the Federated and student achievement. considers the following factors: States of Micronesia, the Republic of the (c) Quality of the project design. (25 (i) The qualifications, including Marshall Islands, and the Republic of points) relevant training and experience, of the Palau. (1) The Secretary considers the project director or principal Deadline for Transmittal of quality of the design of the proposed investigator. Applications: December 11, 1998. project. (ii) The qualifications, including Applications Available: October 15, (2) In determining the quality of the relevant training and experience, of key 1998. design of the proposed project, the project personnel. Available Funds: $4,750,000.00. Secretary considers the following (iii) The qualifications, including Estimated Range of Awards: factors: relevant training and experience, of (i) The extent to which the goals, $700,000—$800,000. project consultants or subcontractors. objectives, and outcomes to be achieved Estimated Average Size of Awards: (f) Quality of the project evaluation. by the proposed project are clearly $750,000. (15 points). specified and measurable. (1) The Secretary considers the Estimated Number of Awards: six (6). (ii) The extent to which the design of quality of the evaluation to be Note: The Department is not bound by any the proposed project is appropriate to, estimates in this notice. conducted of the proposed project. and will successfully address, the needs (2) In determining the quality of the of the target population or other Project Period: 24 months. evaluation, the Secretary considers the identified needs. Applicable Regulations: The following factors: (iii) The extent to which the proposed Education Department General (i) The extent to which the methods project will be coordinated with similar Administrative Regulations (EDGAR) in of evaluation provide for examining the or related efforts, and with other 34 CFR Parts 75, 77, 79, 80, 81, 82, 85 effectiveness of project implementation appropriate community, State, and and 86. strategies. Federal resources. Selection Criteria: The Secretary will (ii) The extent to which the methods use the following selection criteria in (iv) The extent to which the proposed project is part of a comprehensive effort of evaluation include the use of accordance with 34 CFR 75.209 and objective performance measures that are 75.210 to evaluate applications under to improve teaching and learning and support rigorous academic standards for clearly related to the intended outcomes this competition. In accordance with 20 of the project and will produce U.S.C. 6331(b)(2), the Pacific Regional students. (v) The extent to which the proposed quantitative and qualitative data to the Educational Laboratory uses these project encourages parental extent possible. criteria in making funding involvement. (g) Quality of project services. (10 recommendations to the Secretary. (vi) The extent to which performance points). (a) Need for project. (25 points) feedback and continuous improvement (1) The Secretary considers the (1) The Secretary considers the need are integral to the design of the quality of the services to be provided by for the proposed project. proposed project. the proposed project. (2) In determining the need for the (d) Adequacy of resources. (5 points) (2) In determining the quality of the proposed project, the Secretary (1) The Secretary considers the services to be provided by the proposed considers the following factors: adequacy of resources for the proposed project, the Secretary considers the (i) The magnitude or severity of the project. quality and sufficiency of strategies for problem to be addressed by the (2) In determining the adequacy of ensuring equal access and treatment for proposed project. resources for the proposed project, the eligible project participants who are (ii) The magnitude of the need for the Secretary considers the following members of groups that have services to be provided or the activities factors: traditionally been underrepresented to be carried out by the proposed (i) The extent to which the budget is based on race, color, national origin, project. adequate to support the proposed gender, age or disability. (iii) The extent to which the proposed project. (3) In addition, the Secretary project will provide services or (ii) The extent to which the costs are considers the following factors: otherwise address the needs of students reasonable in relation to the objectives, (i) The extent to which the services to at risk of educational failure. design, and potential significance of the be provided by the proposed project are (iv) The extent to which the proposed proposed project. appropriate to the needs of the intended project will focus on serving or (iii) The extent to which the costs are recipients or beneficiaries of those otherwise addressing the needs of reasonable in relation to the number of services. disadvantaged individuals. persons to be served and to the (ii) The likely impact of the services (b) Significance. (10 points) anticipated results and benefits. to be provided by the proposed project (1) The Secretary considers the (e) Quality of project personnel. (10 on the intended recipients of those significance of the proposed project. points) services. Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices 55493

(iii) The extent to which the training Braille, large print, audiotape, or previous sites. If you have questions or professional development services to computer diskette) on request to the about using the pdf, call the U.S. be provided by the proposed project are contact person listed in the preceding Government Printing Office toll free at of sufficient quality, intensity and paragraph. Individuals with disabilities 1–888–292–6498. duration to lead to improvements in may obtain a copy of the application Anyone may also view these practice among the recipients of those package in alternate format, also by documents in text copy only on an services. contacting that person. However, the electronic bulletin board of the (iv) The extent to which the services Department is not able to reproduce in to be provided by the proposed project an alternate format the standard forms Department. Telephone (202) 219–1511 are focused on those with greatest included in the application package. or toll free 1–800–222–4922. The needs. documents are located under Option G- Electronic Access to This Document FOR APPLICATIONS OR INFORMATION Files/Announcements, Bulletins and CONTACT: Valerie Rogers, U.S. Anyone may view this document, as Press Releases. Department of Education, 400 Maryland well as all other Department of Note: The official version of a document is Avenue,SW, Room 3E245, Washington, Education documents published in the the document published in the Federal D.C. 20202–6140. Telephone (202) 260– Federal Register, in text or portable Register. 2543. Individuals who use a document format (pdf) on the World Program Authority: 20 U.S.C. 6331(b)(2). Wide Web at either of the following telecommunications device for the deaf Dated: October 9, 1998. (TDD) may call the Federal Information sites: Relay Service (FIRS) at 1–800–877–8339 http://ocfo.ed.gov/fedreg.htm] Gerald N. Tirozzi, between 8 a.m. and 8 p.m., Eastern time, http://www.ed.gov/news.html Assistant Secretary for Elementary and Monday through Friday. Individuals To use the pdf you must have the Adobe Secondary Education. with disabilities may obtain this Acrobat Reader Program with Search, [FR Doc. 98–27687 Filed 10–14–98; 8:45 am] document in an alternate format ( e.g., which is available free at either of the BILLING CODE 4000±01±P federal register October 15,1998 Thursday Year (FY)1999;Notice Applications forNewAwardsFiscal Professional Development;NoticeInviting National AwardsProgramforModel Education Department of Part VI 55495 55496 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Notices

DEPARTMENT OF EDUCATION Professional Development’’, or by package in an alternate format, also, by writing to the agency contact identified contacting that person. However, the National Awards Program for Model near the end of this notice. Department is not able to reproduce in Professional Development; Notice Estimated Range of Awards: The an alternate format the standard forms Inviting Applications for New Awards Department does not intend to make included in the application package. for Fiscal Year (FY) 1999 monetary awards. Electronic Access to This Document: Purpose of the Program: To recognize Estimated Number of Awards: No Anyone may view this document, as a variety of schools and school districts more than 10. well as all other Department of with model professional development Note: The Department is not bound by any Education documents published in the activities in the pre-kindergarten estimates in this notice. Federal Register, in text or portable document format (pdf) on the World through twelfth grade levels that have Eligibility and Selection Criteria: The Wide Web at either of the following led to increases in student achievement. eligibility, selection criteria and sites: The FY 1999 competition focuses on selection procedures in the notice of schools and school districts that meet final eligibility and selection criteria, as http://ocfo.ed.gov/fedreg.htm the eligibility and selection criteria for published in the Federal Register on http://www.ed.gov/news.html this program, as published in the October 30, 1997 (62 FR 58870) apply to Federal Register on October 30, 1997 To use the pdf you must have the Adobe this competition. Acrobat Reader Program with Search, (62 FR 58870). For Applications and Information Eligible Applicants: Schools and which is available free at either of the Contact: To obtain a copy of the school districts in the States (including previous sites. If you have questions application or to obtain information on schools located on Indian reservations, about using the pdf, call the U.S. the program, call or write Sharon Horn, and in the District of Columbia, Puerto Government Printing Office at (202) Office of Educational Research and Rico, and the outlying areas) that 512–1530 or, toll free, at 1–888–293– provide educational programs in the Improvement, U.S. Department of 6498. pre-kindergarten through twelfth grade Education, 555 New Jersey Avenue, Anyone may also view these levels. NW, Room 506E, Washington, DC documents in text copy only on an Deadline for the Transmittal of 20208–5644. Telephone: 202–219–2203. electronic bulletin board of the Inquiries also may be sent by e-mail to Applications: January 15, 1998. l Department. Telephone: (202) 219–1511 Applications Available: October 15, sharon [email protected] or by FAX at or, toll free, 1–800–222–4922. The 1998. Application packages may be (202) 219–2198. Individuals who use a documents are located under Option obtained electronically over the World telecommunications device for the deaf G—Files/Announcements, Bulletins and Wide Web at the following site: (TDD) may call the Federal Information Press Releases. http:www.ed.gov/inits/teacher/teach/ Relay Service (FIRS) at 1–800–877–8339 html between 8 a.m. and 8 p.m., Eastern time, Note: The official version of this document Monday through Friday. is the document published in the Federal Individuals not having access to the Register. World Wide Web may obtain a copy of Individuals with disabilities may the application package by making a obtain this document in an alternate Program Authority: 20 U.S.C. 8001. request by fax machine at (202) 219– format (e.g., Braille, large print, Dated: October 9, 1998. 2198, e-mail at [email protected], audiotape, or computer diskette) on C. Kent McGuire, by calling the U.S. Department of request to the contact person listed in Assistant Secretary, Office of Educational Education at (202) 219–2187 and asking the preceding paragraph. Research and Improvement. for the application package for the Individuals with disabilities may also [FR Doc. 98–27688 Filed 10–14–98; 8:45 am] ‘‘National Awards Program for Model request a copy of the application BILLING CODE 4000±01±P i

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CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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 967...... 54382 1065...... 54383 Presidential Documents Proclamations: 1788...... 54385 7128...... 52957 523±5227 1924...... 53616 Executive orders and proclamations 7129...... 53271 The United States Government Manual 523±5227 7130...... 53541 8 CFR 7131...... 53777 212...... 55007 Other Services 7132...... 54027 245...... 55007 Electronic and on-line services (voice) 523±4534 7133...... 54029 286...... 54526 Privacy Act Compilation 523±3187 7134...... 54551 Public Laws Update Service (numbers, dates, etc.) 523±6641 7135...... 55309 9 CFR TTY for the deaf-and-hard-of-hearing 523±5229 7136...... 55311 3...... 55012 7137...... 55315 50...... 53546 7138...... 55317 77...... 53547 ELECTRONIC RESEARCH 7139...... 55319 78 ...... 53548, 53780, 53781 World Wide Web Executive Orders: 93...... 53783 13011 (See EO 130...... 53783 Full text of the daily Federal Register, CFR and other 13103) ...... 53273 publications: 13103...... 53273 10 CFR http://www.access.gpo.gov/nara Administrative Orders: 72...... 54559 625...... 54196 Federal Register information and research tools, including Public Presidential Determinations: Proposed Rules: Inspection List, indexes, and links to GPO Access: No. 98±37 of September 29, 50 ...... 52990, 54080, 54389 http://www.nara.gov/fedreg 1998 ...... 54031 63...... 55056 E-mail No. 98±38 of 11 CFR September 29, PENS (Public Law Electronic Notification Service) is an E-mail 1998 ...... 54033 Proposed Rules: service that delivers information about recently enacted Public No. 98±39 of 102...... 55056 Laws. To subscribe, send E-mail to September 30, 103...... 55056 106...... 55056 [email protected] 1998 ...... 55001 with the text message: No. 98±40 of 12 CFR September 30, 30...... 55462, 55468 subscribe publaws-l 1998 ...... 55003 208...... 55462 Use [email protected] only to subscribe or unsubscribe to No. 98±41 of 263...... 55468 PENS. We cannot respond to specific inquiries at that address. September 30, 364...... 55462, 55468 1998 ...... 54035 Reference questions. Send questions and comments about the 570...... 55462, 55468 Federal Register system to: 5 CFR 14 CFR [email protected] 430...... 53275 23...... 53278, 55012 The Federal Register staff cannot interpret specific documents or 534...... 53275 25...... 53278 regulations. Proposed Rules: 33...... 53278 532...... 54616 39 ...... 52579, 52583, 52585, FEDERAL REGISTER PAGES AND DATES, OCTOBER 7 CFR 52587, 52961, 53549, 53550, 53552, 53553, 53555, 53556, 52579±52956...... 1 25...... 53779 53558, 53560, 53562, 53798, 52957±53270...... 2 301...... 52579, 54037 53800, 54938, 54039, 54347, 319...... 54553 53271±53542...... 5 54562, 54564, 54565, 54567, 354...... 54553 53543±53778...... 6 54569, 54570, 55015, 55321, 800...... 55321 55324, 55325, 55327 53779±54026...... 7 906...... 54553 61...... 53532 54027±54340...... 8 922...... 54341 67...... 53532 54341±54552...... 9 931...... 55005 71 ...... 52589, 52590, 52591, 54553±55004...... 13 948...... 54342 52963, 52964, 52965, 52966, 55005±55320...... 14 966...... 54556 53279, 53802, 54349, 54350, 55321±55496...... 15 987...... 54344 55329, 55330, 55331 993...... 52959 73...... 53279, 53804 1207...... 53543 97...... 54572, 54573 1710...... 53276 135...... 53804 Proposed Rules: 141...... 53532 1...... 53852 142...... 53532 225...... 54617 440...... 55175 246...... 54629 Proposed Rules: 800...... 52987 39 ...... 52992, 52994, 54080, ii Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Reader Aids

54391, 54393, 54395, 54399, 1710...... 54332 39 CFR 3590...... 52946 54401, 54635, 55056, 55059, Proposed Rules: 111...... 55454 3600...... 52946 55061, 55063, 55065, 55343, 35...... 54422 501...... 53812 3800...... 52946 55345, 55346, 55348, 55350, 36...... 54422 3860...... 52946 55352 37...... 54422 40 CFR 65...... 55290 3282...... 54528 44 CFR 66...... 55290 9...... 53980 52 ...... 52983, 53282, 53596, 64...... 54369, 54371 71 ...... 52996, 52997, 52998, 26 CFR 65 ...... 54373, 54376, 55035 52999, 53000, 53001, 53002, 54050, 54053, 54358, 54585 1 ...... 52600, 52971, 55020, 59...... 55175 67...... 54378, 55037 53319, 53320, 53321, 53322, 55337 Proposed Rules: 53323, 53324, 53325, 53747, 60...... 53288 602...... 52971, 55020 62...... 54055, 54058 67...... 54427, 55072 54403, 54637, 55354 Proposed Rules: 147...... 55290 63...... 53980 1...... 52660, 55355 80...... 54753 46 CFR 15 CFR 53...... 53862 81...... 53282 28...... 52802 82...... 53290 107...... 52802 29...... 53564 27 CFR 148...... 54356 108...... 52802 740...... 55017 53...... 52601 180 ...... 53291, 53294, 53813, 109...... 52802 743...... 55017 53815, 53818, 53820, 53826, 133...... 52802 Proposed Rules: 28 CFR 53829, 53835, 53837, 54058, 168...... 52802 Ch. VII...... 54638 Proposed Rules: 54066, 54357, 54360, 54362, 199...... 52802 17 CFR 31...... 55069 54587, 54594 351...... 55039 261...... 54356 503...... 53308 275...... 54308 29 CFR 264...... 53844 279...... 54308 1952...... 53280 265...... 53844 47 CFR Proposed Rules: 4044...... 55333 266...... 54356 0...... 52617 240...... 54404 268...... 54356 1...... 52983, 54073 405...... 53326 30 CFR 271...... 54356 2...... 54073 300...... 53847, 53848 18 CFR 48...... 53750 20...... 54073 75...... 53750 302...... 54356 64...... 54379 35...... 53805 77...... 53750 Proposed Rules: 69...... 55334 37...... 54258 915...... 55025 52 ...... 53350, 54089, 54645 73 ...... 52983, 54380, 54599, 284...... 53565 917...... 53252 62...... 54090 54600 Proposed Rules: Proposed Rules: 63...... 54646, 55178 80...... 53312 4...... 53853 935...... 53618 81...... 53350 95...... 54073 153...... 53853 943...... 53003 300...... 53005 97...... 54073 157...... 53853 745...... 52662 Proposed Rules: 375...... 53853 31 CFR 799...... 54646, 54649 0...... 53619 586...... 54575 1...... 53350, 54090 19 CFR 42 CFR Proposed Rules: 20...... 52665 4...... 52967 212...... 54426 400...... 52610 22...... 53350 24...... 55332 403...... 52610 25...... 54100 32 CFR 405...... 52614 43...... 54090 20 CFR 655...... 53809 409...... 53301 52...... 54090 Proposed Rules: 410...... 52610, 53301 54...... 54090 404...... 54417 33 CFR 411...... 52610, 53301 61...... 54430 416...... 54417 100...... 53586 412...... 52614 64...... 54090, 55077 654...... 53244 413...... 52614, 53301 69...... 54430 655...... 53244 110...... 55027 117 ...... 53281, 54353, 55029, 417...... 52610 73 ...... 53008, 53009, 54431 422...... 52610, 54526 101...... 53350 21 CFR 55030 120...... 53587 424...... 53301 520...... 52968 48 CFR 128...... 53587 483...... 53301 522...... 53577, 53578 165 ...... 52603, 53593, 55027 489...... 53301 212...... 55040 556...... 53578, 54352 493...... 55031 215...... 55040 558 ...... 52968, 52969, 54352 Proposed Rules: 165...... 54639 Proposed Rules: 217...... 55040 573...... 53579 416...... 52663 225...... 55040 814...... 54042 34 CFR 488...... 52663 227...... 55040 Proposed Rules: 230...... 55040 200...... 54996 216...... 54082 43 CFR 237...... 54078, 55040 675...... 52854 315...... 55067 2200...... 52615 242...... 55040 Proposed Rules: 601...... 55067 2210...... 52615 247...... 55040 361...... 55292 872...... 53859 2240...... 52615 252...... 55040 2250...... 52615 253...... 55040 22 CFR 36 CFR 2270...... 52615 1609...... 55336 41...... 52969 200...... 53811 3100...... 52946 1632...... 55336 811...... 54354 3150...... 52946 1652...... 55336 23 CFR 37 CFR 3160...... 52946 Proposed Rules: 1270...... 53580 3180...... 52946 1201...... 52666 1335...... 54044 1...... 52609 3200...... 52946 1205...... 52666 1345...... 52592 Proposed Rules: 3500...... 52946 1206...... 52666 1...... 53498 3510...... 52946 1211...... 52666 24 CFR 3520...... 52946 1213...... 52666 38 CFR 401...... 55333 3530...... 52946 1215...... 52666 402...... 55333 3...... 53593 3540...... 52946 1237...... 52666 598...... 53262 Proposed Rules: 3550...... 52946 1252...... 52666 888...... 52858 17...... 54756 3580...... 52946 1253...... 52666 Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Reader Aids iii

49 CFR 107...... 52844 171...... 52844 172...... 52844 173...... 52844 175...... 52844 176...... 52844 177...... 52844 178...... 52844 179...... 52844 180...... 52844 213...... 54078 268...... 54600 Proposed Rules: 229...... 54104 231...... 54104 232...... 54104 395...... 54432 396...... 54432 571 ...... 52626, 53848, 54652 572...... 53848 580...... 52630

50 CFR 2...... 52632 10...... 52632 13...... 52632 14...... 52632 15...... 52632 16...... 52632 17 ...... 52632, 52824, 53596, 54938, 54956, 54972, 54975 20...... 54016, 54022 21...... 52632 22...... 52632 23...... 52632 216...... 52984 217...... 55053 227...... 52984, 55053 285...... 54078, 55339 600...... 52984, 53313 648...... 52639 660...... 53313, 53317 679 ...... 52642, 52658, 52659, 52985, 52986, 53318, 54381, 54610, 54753, 55340, 55341, 55342 Proposed Rules: 17 ...... 53010, 53620, 53623, 53631, 54660 20...... 53635, 54753 222...... 53635 227...... 53635 600...... 52676 630...... 54661 644...... 54433 648 ...... 52676, 55355, 55357 649...... 55357 660...... 53636 iv Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Reader Aids

REMINDERS Federal speculative position treatment of confidential The items in this list were COMMENTS DUE NEXT limits; increase; comments information; comments due due by 10-19-98; by 10-20-98; published 8- editorially compiled as an aid WEEK to Federal Register users. published 9-18-98 18-98 Inclusion or exclusion from DEFENSE DEPARTMENT Radio broadcasting: AGRICULTURE this list has no legal Radio technical rules; DEPARTMENT Federal Acquisition Regulation significance. (FAR): streamlining; comments Agricultural Marketing due by 10-20-98; Professional services; Service published 8-11-98 proposal evaluations; Radio stations; table of RULES GOING INTO Kiwifruit grown inÐ comments due by 10-23- assignments: EFFECT OCTOBER 15, California; comments due by 98; published 8-24-98 10-19-98; published 8-20- Mississippi; comments due 1998 EDUCATION DEPARTMENT 98 by 10-19-98; published 9- Postsecondary education: 3-98 Onions (sweet) grown inÐ FEDERAL DEPOSIT Federal Perkins and Federal Oklahoma; comments due INSURANCE CORPORATION Washington and Oregon; family education loan by 10-19-98; published 9- Federal Deposit Insurance Act: comments due by 10-23- programs; comments due 3-98 98; published 9-23-98 Safety and soundness by 10-19-98; published 9- FEDERAL LABOR standards; published 10- AGRICULTURE 17-98 RELATIONS AUTHORITY 15-98 DEPARTMENT ENVIRONMENTAL Negotiability proceedings; Year 2000 guidelines; Animal and Plant Health PROTECTION AGENCY meetings; comments due by published 10-15-98 Inspection Service Air quality implementation 10-23-98; published 9-9-98 Unfair labor practice disputes; FEDERAL RESERVE Interstate transportation of plans; approval and prevention, resolution, and SYSTEM animals and animal products promulgation; various (quarantine): States: investigation; meeting; Federal Deposit Insurance Act: comments due by 10-19-98; Brucellosis in cattle and Alaska; comments due by Safety and soundness published 8-24-98 bisonÐ 10-23-98; published 9-23- standards; published 10- State and area 98 GENERAL SERVICES 15-98 ADMINISTRATION classifications; California; comments due by Year 2000 guidelines; comments due by 10- 10-23-98; published 9-23- Federal Acquisition Regulation published 10-15-98 19-98; published 8-20- 98 (FAR): Professional services; TRANSPORTATION 98 Louisiana; comments due by DEPARTMENT proposal evaluations; Brucellosis in swineÐ 10-19-98; published 8-18- comments due by 10-23- Coast Guard State and area 98 98; published 8-24-98 Drawbridge operations: classifications; New Hampshire; comments HEALTH AND HUMAN Wisconsin; published 9-15- comments due by 10- due by 10-21-98; SERVICES DEPARTMENT published 9-21-98 98 20-98; published 8-21- Food and Drug 98 TRANSPORTATION Drinking water: Administration DEPARTMENT Plant-related quarantine, Safe Drinking Water ActÐ Human drugs: domestic: Federal Aviation Public water system Cold, cough, allergy, Administration Mediterranean fruit fly; program; citizen suits; bronchodilator, and comments due by 10-20- Airworthiness directives: complaint notice antiasthmatic products 98; published 8-21-98 requirements; comments (OTC)Ð Airbus; published 9-10-98 Mexican fruit fly; comments due by 10-23-98; Labeling warnings and Boeing; published 9-10-98 due by 10-19-98; published 9-8-98 directions for topical/ Saab; published 9-10-98 published 8-20-98 Hazardous waste program inhalant antitussive drug TREASURY DEPARTMENT AGRICULTURE authorizations: products containing campor and/or menthol; Comptroller of the Currency DEPARTMENT Georgia; comments due by 10-19-98; published 9-18- final monograph; Federal Deposit Insurance Act: Federal Crop Insurance 98 comments due by 10- Corporation 19-98; published 7-20- Safety and soundness Oklahoma; comments due Administrative regulations: 98 standards; published 10- by 10-22-98; published 9- Federal crop insurance 15-98 22-98 Medical devices: programÐ Corrections and removals Year 2000 guidelines; Water pollution; effluent reports; comments due by published 10-15-98 Nonstandard underwriting guidelines for point source 10-21-98; published 8-7- TREASURY DEPARTMENT classification system; categories: comments due by 10- 98 Customs Service 19-98; published 9-2-98 Transportation equipment HEALTH AND HUMAN Financial and accounting cleaning operations; AGRICULTURE SERVICES DEPARTMENT procedures: comments due by 10-23- DEPARTMENT Health Care Financing Harbor maintenance fee; 98; published 9-22-98 Forest Service Administration exporters liability removed FEDERAL Medicare: Alaska National Interest Lands Correction; published 10- COMMUNICATIONS Hospital outpatient services; Conservation Act; Title VIII 15-98 COMMISSION prospective payment implementation (subsistence Common carrier services: system; comments due by TREASURY DEPARTMENT priority): Wireline services offering 10-23-98; published 9-8- Thrift Supervision Office Fish and wildlife; advanced 98 Federal Deposit Insurance Act: subsistence taking; telecommunications HEALTH AND HUMAN Safety and soundness comments due by 10-23- services; deployment; SERVICES DEPARTMENT 98; published 8-17-98 standards; published 10- comments due by 10-23- Inspector General Office, 15-98 COMMODITY FUTURES 98; published 8-24-98 Health and Human Services Year 2000 guidelines; TRADING COMMISSION Public information and Department published 10-15-98 Rulemaking petitions: inspection of records; Medicare: Federal Register / Vol. 63, No. 199 / Thursday, October 15, 1998 / Reader Aids v

Hospital outpatient services; NATIONAL AERONAUTICS comments due by 10-23- year 1999, and for other prospective payment AND SPACE 98; published 9-23-98 purposes. (Oct. 9, 1998; 112 system; comments due by ADMINISTRATION TRANSPORTATION Stat. 1868) 10-23-98; published 9-8- Federal Acquisition Regulation DEPARTMENT S. 1355/P.L. 105±250 98 (FAR): National Highway Traffic To designate the United INTERIOR DEPARTMENT Professional services; Safety Administration proposal evaluations; States courthouse located at Fish and Wildlife Service Motor vehicle operation by 141 Church Street in New Alaska National Interest Lands comments due by 10-23- intoxicated persons; 98; published 8-24-98 Haven, Connecticut, as the Conservation Act; Title VIII comments due by 10-19-98; ``Richard C. Lee United States implementation (subsistence TRANSPORTATION published 9-3-98 Courthouse''. (Oct. 9, 1998; priority): DEPARTMENT TREASURY DEPARTMENT 112 Stat. 1869) Federal Aviation Fish and wildlife; Alcohol, Tobacco and S. 2022/P.L. 105±251 subsistence taking; Administration Firearms Bureau To provide for the comments due by 10-23- Airworthiness directives: Alcoholic beverages: 98; published 8-17-98 Airbus; comments due by improvement of interstate Hard cider, semi-generic 10-19-98; published 9-17- criminal justice identification, Migratory bird hunting: wine designations, and 98 information, communications, Baiting and baited areas wholesale liquor dealers' and forensics. (Oct. 9, 1998; Boeing; comments due by Extension of comment signs; cross reference; 112 Stat. 1870) period; comments due 10-19-98; published 8-19- comments due by 10-20- by 10-22-98; published 98 98; published 8-21-98 S. 2071/P.L. 105±252 10-6-98 Burkhart GROB Luft-und Wine labels; net contents To extend a quarterly financial Raumfahrt GmbH; INTERIOR DEPARTMENT statement; comments due report program administered comments due by 10-19- Reclamation Bureau by 10-19-98; published 9- by the Secretary of 98; published 9-17-98 18-98 Commerce. (Oct. 9, 1998; 112 Colorado River Water Quality CFM International; Stat. 1886) Improvement Program: comments due by 10-19- Colorado River water 98; published 9-18-98 LIST OF PUBLIC LAWS H.J. Res. 131/P.L. 105±253 offstream storage, and Eurocopter France; Waiving certain enrollment interstate redemption of comments due by 10-19- This is a continuing list of requirements for the remainder storage credits in Lower 98; published 8-20-98 public bills from the current of the One Hundred Fifth Division States; comments Lockheed; comments due session of Congress which Congress with respect to any due by 10-21-98; by 10-19-98; published 9- have become Federal laws. It bill or joint resolution making published 9-21-98 3-98 may be used in conjunction general or continuing with ``P L U S'' (Public Laws appropriations for fiscal year INTERIOR DEPARTMENT McDonnell Douglas; Update Service) on 202±523± 1999. (Oct. 12, 1998; 112 Surface Mining Reclamation comments due by 10-19- 6641. This list is also Stat. 1887) and Enforcement Office 98; published 9-3-98 available online at http:// H.J. 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The due by 10-21-98; published Public Laws Electronic Ohio; comments due by 10- text will also be made 21-98; published 10-6-98 9-21-98 Notification Service available on the Internet from (PENS) Pennsylvania; comments Class E airspace; comments GPO Access at http:// due by 10-23-98; published due by 10-19-98; www.access.gpo.gov/suÐdocs/. published 9-25-98 9-15-98 Some laws may not yet be PENS is a free electronic mail Texas; comments due by TRANSPORTATION available. notification service of newly 10-19-98; published 10-2- DEPARTMENT enacted public laws. To 98 Federal Highway H.R. 3096/P.L. 105±247 subscribe, send E-mail to Administration To correct a provision relating LIBRARY OF CONGRESS [email protected] with Motor vehicle operation by to termination of benefits for Copyright Office, Library of convicted persons. (Oct. 9, the text message: Congress intoxicated persons; comments due by 10-19-98; 1998; 112 Stat. 1863) subscribe PUBLAWS-L Your Copyright office and published 9-3-98 H.R. 4382/P.L. 105±248 Name. procedures: TRANSPORTATION Mammography Quality Phonorecords, making and Note: This service is strictly DEPARTMENT Standards Reauthorization Act distribution; reasonable for E-mail notification of new of 1998 (Oct. 9, 1998; 112 notice of use and Maritime Administration public laws. The text of laws Stat. 1864) payment to copyright Subsidized vessels and is not available through this owners; comments due by operators: H.J. Res. 133/P.L. 105±249 service. PENS cannot respond 10-19-98; published 9-4- Marine hull insurance; Making further continuing to specific inquiries sent to 98 underwriters approval; appropriations for the fiscal this address.