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1 II Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000
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2 III
Contents Federal Register Vol. 65, No. 183
Wednesday, September 20, 2000
Agriculture Department Consumer Product Safety Commission See Animal and Plant Health Inspection Service NOTICES See Farm Service Agency Settlement agreements: See Federal Crop Insurance Corporation BCBG Max Azria, 56870–56872 See Forest Service Galoob Toys, Inc., 56872–56873 Animal and Plant Health Inspection Service Copyright Office, Library of Congress RULES NOTICES Exportation and importation of animals and animal Satellite royalty funds; 1996-1998 funds; controversy products: ascertainment, 56941–56942 Canine and equine semen importation, 56775–56779 Hog cholera; disease status change— Corporation for National and Community Service East Anglia, 56774–56775 NOTICES PROPOSED RULES Meetings; Sunshine Act, 56873–56874 Interstate transportation of animals and animal products (quarantine): Customs Service Equine viral arteritis regulatory program for horses, RULES 56807–56809 Financial and accounting procedures: Plant-related quarantine, foreign: Endorsement of checks deposited by agency, 56790– Artificially dwarfed plants in growing media from China, 56791 56803–56806 Vessels in foreign and domestic trades: NOTICES Vessel equipment temporarily landed for repair, 56788– Environmental statements; availability, etc.: 56790 Salmonella typhimurium vaccine, live culture, for use in poultry; field testing, 56863–56864 Defense Department See Army Department Antitrust Division PROPOSED RULES NOTICES Acquisition regulations: Competitive impact statements and proposed consent Overseas use of purchase card in contingency, judgments: humanitarian, or peacekeeping operations, 56858– SBC Communications, Inc., et al., 56926–56939 56859 Army Department Economic Analysis Bureau NOTICES NOTICES Meetings: Agency information collection activities: Science Board, 56874 Proposed collection; comment request, 56866–56868 Centers for Disease Control and Prevention Economic Development Administration NOTICES NOTICES Meetings: Grants and cooperative agreements; availability, etc.: Clinical Laboratory Improvement Advisory Committee; Norton Sound, AK; economic development assistance, correction, 56913–56914 57063–57065 Coast Guard Education Department RULES NOTICES Drawbridge operations: Agency information collection activities: Virginia, 56792 Proposed collection; comment request, 56874–56875 PROPOSED RULES Ports and waterways safety: Employment and Training Administration Lower Mississippi River; Vessel Traffic Service NOTICES Meeting, 56843–56844 Adjustment assistance: Freightliner LLC et al., 56939–56940 Commerce Department Warner’s Distribution et al., 56940–56941 See Economic Analysis Bureau NAFTA transitional adjustment assistance: See Economic Development Administration Lear Corp., 56941 See International Trade Administration See National Institute of Standards and Technology Energy Department See National Oceanic and Atmospheric Administration See Federal Energy Regulatory Commission See Patent and Trademark Office NOTICES NOTICES Natural gas exportation and importation: Agency information collection activities: Engage Energy US, L.P., et al., 56875 Submission for OMB review; comment request, 56865– Presidential permit applications: 56866 Tucson Electric Power Co., 56875–56877
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Environmental Protection Agency Reports and guidance documents; availability, etc.: RULES Flight standards policy documents; availability on Air pollutants, hazardous; national emission standards: Internet web site; comment request, 56981 Hazardous waste combustors; Hazardous Waste Runway safety areas; comment request, 56981–56983 Combustion NESHAP Toolkit; availability, 56798– 56799 Federal Communications Commission Air quality implementation plans; approval and RULES promulgation; various States: Radio stations; table of assignments: Alabama, 56797–56798 Louisiana and Texas, 56800–56801 Tennessee, 56794–56797 Texas, 56800 PROPOSED RULES Various States, 56799–56800 Air quality implementation plans: Television broadcasting: Preparation, adoption, and submittal— Video programming; video description for individuals Motor vehicle inspection/maintenance program with visual disabilities; implementation requirements; onboard diagnostic check, 56844– Correction, 56801 56856 PROPOSED RULES Air quality implementation plans; approval and Radio stations; table of assignments: promulgation; various States: Arizona, 56857 Alabama, 56856–56857 Georgia, 56858 Tennessee, 56856 North Dakota, 56858 NOTICES Texas, 56857 Pesticide, food, and feed additive petitions: NOTICES 3M, 56895–56901 Rulemaking proceedings; petitions filed, granted, denied, Valent U.S.A. Corp., 56901–56908 etc., 56908 Pesticide registration, cancellation, etc.: Federal Crop Insurance Corporation Aventis Environmental Science USA et al., 56886–56894 RULES Vinclozolin, 56894–56895 Crop insurance regulations: Executive Office of the President Rice crop, 56773–56774 See Management and Budget Office Federal Election Commission See Presidential Documents NOTICES Meetings; Sunshine Act, 56908 Farm Service Agency NOTICES Federal Energy Regulatory Commission Agency information collection activities: NOTICES Proposed collection; comment request, 56864 Electric rate and corporate regulation filings: Public Service Co. of New Mexico et al., 56879–56882 Federal Aviation Administration Southwestern Power Administration et al., 56882–56883 RULES Environmental statements; notice of intent: Airworthiness directives: Cross Bay Pipeline Co., L.L.C., et al., 56883–56884 Airbus, 56785–56788 Hydroelectric applications, 56884–56886 Boeing, 56783–56785 Applications, hearings, determinations, etc.: Bombardier, 56780–56783 Colorado Interstate Gas Co., 56877–56878 Airworthiness standards: Hamilton, Ohio, 56878 Special conditions— Northern Natural Gas Co., 56878–56879 Morrow Aircraft Corp. Model MB-300 airplane, 56779– 56780 Federal Maritime Commission Class D airspace, 56788 NOTICES PROPOSED RULES Agreements filed, etc., 56909 Airworthiness directives: Ocean tranportation intermediary licenses: Airbus, 56814–56817 Quest Logistics, Inc., et al., 56909 Empresa Brasileira de Aeronautica, S.A., 56811–56814 Ocean transportation intermediary licenses: Eurocopter Deutschland GMBH, 56817–56819 Chippeys Enterprises, Inc., et al., 56909–56910 Pratt & Whitney, 56819–56821 Florida International Forwarders, Inc., 56910 Special conditions— Sino Swearingen Model SJ30-2 airplane, 56809–56811 Federal Railroad Administration Airworthiness standards, etc.: NOTICES Transport category airplanes— Agency information collection activities: Thermal/acoustic insulation materials; flammability Reporting and recordkeeping requirements, 56983–56984 standards, 56991–57021 NOTICES Federal Reserve System Exemption petitions; summary and disposition, 56978 NOTICES Meetings: Agency information collection activities: Air Traffic Procedures Advisory Committee, 56978–56979 Proposed collection; comment request, 56910–56913 Passenger facility charges; applications, etc.: Banks and bank holding companies: Fort Dodge Regional Airport, IA, 56979 Formations, acquisitions, and mergers, 56913 Greater Baton Rouge Airport District, LA, et al., 56979– Meetings: 56981 Sunshine Act, 56913
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Federal Transit Administration Warehouse 81 L.P. et al., 56926 NOTICES Grants and cooperative agreements; availability, etc.: Justice Programs Office Joint Partnership Rail Grade Crossing Safety Project, NOTICES 56985–56987 Grants and cooperative agreements; availability, etc.: Victim compensation program, 57067–57076 Fish and Wildlife Service NOTICES Labor Department Reports and guidance documents; availability, etc.: See Employment and Training Administration Endangered Species Act; controlled propagation of Land Management Bureau species; policy statement, 56916–56922 NOTICES Food and Drug Administration Realty actions; sales, leases, etc.: New Mexico, 56922–56923 PROPOSED RULES Food for human consumption: Library of Congress Food labeling— See Copyright Office, Library of Congress Foods processed with alternative nonthermal technologies; use of term ‘‘fresh’’, 56835–56836 Management and Budget Office NOTICES NOTICES Meetings: Balanced Budget and Emergency Deficit Control Blood donor history questionnaire streamlining; Reaffirmation Act (Gramm-Rudman-Hollings): workshop, 56914 Sequestration update report; transmittal to President and New vaccines evaluation; safety data; workshop, 56914– Congress, 56966 56915 National Aeronautics and Space Administration Forest Service PROPOSED RULES NOTICES Acquisition regulations: Environmental statements; notice of intent: Priorities and allocations system, 56859–56860 Tongass National Forest, AK, 56864–56865 NOTICES Inventions, Government-owned; availability for licensing, Health and Human Services Department 56942 See Centers for Disease Control and Prevention See Food and Drug Administration National Institute of Standards and Technology NOTICES Housing and Urban Development Department Agency information collection activities: NOTICES Submission for OMB review; comment request, 56869– Agency information collection activities: 56870 Submission for OMB review; comment request, 56915– 56916 National Oceanic and Atmospheric Administration RULES Interior Department Fishery conservation and management: See Fish and Wildlife Service Caribbean, Gulf, and South Atlantic fisheries— See Land Management Bureau South Atlantic snapper-grouper, 56801 See National Park Service West Coast States and Western Pacific fisheries— Pacific whiting, 56801–56802 Internal Revenue Service PROPOSED RULES Fishery conservation and management: PROPOSED RULES Alaska; fisheries of Exclusive Economic Zone— Income taxes: Prohibited species donation program, 56860–56862 Partnerships; treatment of controlled foreign corporation’s NOTICES distributive share of partnership income; guidance Reports and guidance documents; availability, etc.: under subpart F, 56836–56840 Endangered Species Act; controlled propagation of species; policy statement, 56916–56922 International Trade Administration NOTICES National Park Service Antidumping and countervailing duties: NOTICES Administrative review request, 56868–56869 Environmental statements; availability, etc.: Applications, hearings, determinations, etc.: Gettysburg National Military Park, PA, 56923 National Institute of Standards and Technology, 56869 Meetings: Going-to-the-Sun Road Advisory Committee, 56923– Justice Department 56924 See Antitrust Division Native American human remains and associated funerary See Justice Programs Office objects: See Prisons Bureau Museum of Natural History, NY— NOTICES Inventory from King County, WA, 56924 Pollution control; consent judgments: Cantrell et al., 56924–56925 National Science Foundation Phoenix, AZ, 56925 NOTICES Shaffer, Burton, et al., 56925 Meetings; Sunshine Act, 56942
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Nuclear Regulatory Commission Surface Transportation Board NOTICES NOTICES Meetings: Railroad operation, acquisition, construction, etc.: Reactor Safeguards Advisory Committee, 56945–56946 Bessemer & Lake Erie Railway Co., 56988 Operating licenses, amendments; no significant hazards Wisconsin Chicago Link, Ltd., 56988–56989 considerations; biweekly notices, 56946–56964 Reports and guidance documents; availability, etc.: Tennessee Valley Authority Staff meetings open to public; policy statement, 56964– 56966 PROPOSED RULES Applications, hearings, determinations, etc.: Tennessee River system; construction approval and Union Electric Co., 56943–56945 regulation of structures: Residential related use on TVA-controlled residential Office of Management and Budget access shoreline and TVA flowage easement See Management and Budget Office shoreline, 56821–56835
Patent and Trademark Office Transportation Department RULES See Coast Guard Patent cases: See Federal Aviation Administration Interference practice; simplification of requirements, See Federal Railroad Administration 56792–56794 See Federal Transit Administration Patent applications, pending; eighteen-month publication; See Research and Special Programs Administration implementation, 57023–57061 See Surface Transportation Board Personnel Management Office NOTICES NOTICES Docket Management System; comment request, 56976– Excepted service: 56978 Schedules A, B, and C; positions placed or revoked— Update, 56966–56967 Treasury Department See Customs Service Presidential Documents See Internal Revenue Service EXECUTIVE ORDERS RULES Committees; establishment, renewal, termination, etc.: Internal Revnue Service Privacy Act; implementation, Medicine Policy, White House Commission on 56791–56792 Complementary and Alternative; membership (EO 13167), 57077–57079
Prisons Bureau Separate Parts In This Issue PROPOSED RULES Inmate control, custody, care, etc.: Part II Drug abuse treatment programs; participation requirements, 56840–56843 Department of Transportation, Federal Aviation Administration, 56991–57021 Public Health Service See Centers for Disease Control and Prevention Part III See Food and Drug Administration Department of Commerce, Patent and Trademark Office, 57023–57061 Research and Special Programs Administration NOTICES Hazardous materials: Part IV Applications; exemptions, renewals, etc., 56984–56988 Department of Commerce, Economic Development Administration, 57063–57065 Securities and Exchange Commission NOTICES Part V Investment Company Act of 1940: Department of Justice, Justice Programs Office, 57067– Exemption applications— PFL Life Insurance Co. et al., 56967–56971 57076 Meetings: Sunshine Act, 56971–56972 Part VI Self-regulatory organizations; proposed rule changes: The President, 57077–57079 Chicago Board Options Exchange, Inc., 56972–56974 New York Stock Exchange, Inc., 56974–56976 State Department Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, reminders, Shipping Coordinating Committee, 56976 and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR 33 CFR Executive Orders: 117...... 56793 13147 (Amended by Proposed Rules: EO 13167)...... 57079 26...... 56843 13167...... 57079 161...... 56843 165...... 56843 7 CFR 37 CFR 457...... 56773 Ch. I ...... 56791 1 (2 documents) ...... 56791, Proposed Rules: 57024 319...... 56803 5...... 57024 40 CFR 9 CFR 52 (2 documents) ...... 56794, 94...... 56774 56797 98...... 56775 60...... 56798 Proposed Rules: 63...... 56798 75...... 56807 260...... 56798 261...... 56798 264...... 56798 14 CFR 265...... 56798 23...... 56779 266...... 56798 39 (3 documents) ...... 56780, 270...... 56798 56783, 56785 271...... 56798 71...... 56788 Proposed Rules: Proposed Rules: 51...... 56844 23...... 56809 52 (2 documents) ...... 56856 25...... 56992 85...... 56844 39 (4 documents) ...... 56811, 47 CFR 56814, 56817, 56819 73 (3 documents) ...... 56799, 91...... 56992 56800 121...... 56992 79...... 56801 125...... 56992 Proposed Rules: 135...... 56992 73 (4 documents) ...... 56857, 56858 18 CFR 48 CFR Proposed Rules: Proposed Rules: 1304...... 56821 213...... 56858 1811...... 56859 19 CFR 50 CFR 4...... 56788 622...... 56801 24...... 56790 660...... 56801 178...... 56788 Proposed Rules: 679...... 56860 21 CFR Proposed Rules: 101...... 56835
26 CFR Proposed Rules: 1...... 56836
28 CFR Proposed Rules: 545...... 56840 550...... 56840
31 CFR 1...... 56792
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Rules and Regulations Federal Register Vol. 65, No. 183
Wednesday, September 20, 2000
This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Act (5 U.S.C. 605), and no Regulatory contains regulatory documents having general Flexibility Analysis was prepared. applicability and legal effect, most of which Executive Order 12866 are keyed to and codified in the Code of This rule has been determined to be Federal Assistance Program Federal Regulations, which is published under exempt for the purposes of Executive This program is listed in the Catalog 50 titles pursuant to 44 U.S.C. 1510. Order 12866 and, therefore, has not of Federal Domestic Assistance under The Code of Federal Regulations is sold by been reviewed by the Office of No. 10.450. Management and Budget (OMB). the Superintendent of Documents. Prices of Executive Order 12372 new books are listed in the first FEDERAL Paperwork Reduction Act of 1995 REGISTER issue of each week. This program is not subject to the Under the provisions of the provisions of Executive Order 12372 Paperwork Reduction Act of 1995 (44 which require intergovernmental DEPARTMENT OF AGRICULTURE U.S.C. chapter 35), the collections of consultation with State and local information for this rule have been officials. See the Notice related to 7 CFR Federal Crop Insurance Corporation previously approved by OMB under part 3015, subpart V, published at 48 FR control number 0563–0053 through 29115, June 24, 1983. 7 CFR Part 457 April 30, 2001. The amendments set forth in this rule do not revise the Executive Order 12988 Common Crop Insurance Regulations; content or alter the frequency of Rice Crop Insurance Provisions This rule has been reviewed in reporting for any of the forms or accordance with Executive Order 12988 AGENCY: Federal Crop Insurance information collections cleared under on civil justice reform. The provisions Corporation, USDA. the above-referenced docket. of this rule will not have a retroactive ACTION: Interim rule. Unfunded Mandates Reform Act of effect. The provisions of this rule will 1995 preempt State and local laws to the SUMMARY: The Federal Crop Insurance extent such State and local laws are Corporation (FCIC) amends the Rice Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) establishes inconsistent herewith. The Crop Insurance Provisions to provide administrative appeal provisions coverage for losses resulting from failure requirements for Federal agencies to assess the effects of their regulatory published at 7 CFR part 11 must be of irrigation water supplies due to exhausted before any action for judicial drought and intrusion of saline water as actions on State, local, and tribal governments and the private sector. review of any determination made by mandated by section 508(a)(8) of the FCIC may be brought. Federal Crop Insurance Act (Act). This rule contains no Federal mandates EFFECTIVE DATE: This rule is effective (under the regulatory provisions of title Environmental Evaluation II of UMRA) for State, local, and tribal September 19, 2000. Written comments This action is not expected to have a and opinions on this rule will be governments or the private sector. Therefore, this rule is not subject to the significant economic impact on the accepted until the close of business quality of the human environment, November 20, 2000, and will be requirements of sections 202 and 205 of UMRA. health, and safety. Therefore, neither an considered when the rule is to be made Environmental Assessment nor an final. Executive Order 13132 Environmental Impact Statement is ADDRESSES: Interested persons are The provisions contained in this rule needed. invited to submit written comments to will not have a substantial direct effect Background the Director, Product Development on States, the relationship between the Division, Federal Crop Insurance national government and the States, or This interim rule implements the Corporation, United States Department on the distribution of power and changes to the rice crop insurance of Agriculture, 6501 Beacon Drive, Stop responsibilities among the various policy mandated by section 508(a)(8) of 0812, Room 421, Kansas City, MO levels of government. Therefore, the Act. Section 508(a)(8) of the Act 64133–4676. Comments titled ‘‘Rice consultation with the States is not requires the provisions to be Legislation’’ may be sent via the Internet required. implemented for the 2001 and to [email protected]. A subsequent crop years. Since the copy of each response will be available Regulatory Flexibility Act changes to the policy made by this rule for public inspection and copying from This regulation will not have a are required by statute, and the changes 7:00 a.m. to 4:30 p.m., CDT, Monday significant economic impact on a must be made by the November 30, through Friday, except holidays, at the substantial number of small entities. 2000, contract change date to be fully above address. The regulation does not require any implemented for the 2001 crop year, it FOR FURTHER INFORMATION CONTACT: For more action on the part of the small is contrary to the public interest to further information contact Linda entities than is required on the part of publish this rule for notice and Williams, Insurance Management large entities. The amount of work comment prior to making the rule Specialist, Research and Development, required by the insurance companies effective. However, comments are Product Development Division, Federal will not increase significantly as a result solicited for 60 days after the date of Crop Insurance Corporation, at the of this rule. Therefore, this action is publication in the Federal Register and Kansas City, MO, address listed above, determined to be exempt from the will be considered by FCIC before this telephone (816) 926–7730. provisions of the Regulatory Flexibility rule is made final.
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FCIC amends the Common Crop DEPARTMENT OF AGRICULTURE National Center for Import and Export, Insurance Regulations (7 CFR part 457) VS, APHIS, 4700 River Road Unit 38, by amending 7 CFR 457.141, Rice Crop Animal and Plant Health Inspection Riverdale, MD 20737–1231, (301) 734– Insurance Provisions effective for the Service 3276. 2001 and succeeding crop years. The SUPPLEMENTARY INFORMATION: principal changes for insuring rice are: 9 CFR Part 94 Background 1. Section 9(a)—Clarify that failure of [Docket No. 00±080±1] the irrigation water supply is an insured The regulations in 9 CFR part 94 cause of loss, if during the insurance Change in Disease Status of East (referred to below as the regulations) period an insured cause of loss, drought Anglia Because of Hog Cholera govern the importation into the United or intrusion of saline water causes the States of specified animals and animal AGENCY: Animal and Plant Health products in order to prevent the failure. This will expand coverage for Inspection Service, USDA. failure of the irrigation water supply. introduction of various animal diseases, ACTION: Interim rule and request for including rinderpest, foot-and-mouth 2. Section 9(b)—Clarify that any loss comments. disease, African swine fever, hog of production due to the application of cholera, and swine vesicular disease. saline water is not an insured cause of SUMMARY: We are amending the These are dangerous and destructive loss, except when intrusion of saline regulations governing the importation of communicable diseases of ruminants water occurs due to an insured peril. swine and pork and pork products by and swine. Section 94.9 of the removing East Anglia, a region of List of Subjects in 7 CFR Part 457 regulations restricts the importation into England that includes the counties of the United States of pork and pork Crop insurance, Rice. Essex, Norfolk, and Suffolk, from the list products from regions where hog of regions considered to be free from cholera is known to exist. Section 94.10 Interim Rule hog cholera. We are taking this action of the regulations, with certain based on reports we have received from Accordingly, as set forth in the exceptions, prohibits the importation of Great Britain’s Ministry of Agriculture, preamble, the Federal Crop Insurance swine that originate in or are shipped Fisheries and Food that an outbreak of Corporation amends 7 CFR part 457 as from or transit any region in which hog hog cholera has occurred in East Anglia. follows: cholera is known to exist. Sections As a result of this action, there will be 94.9(a) and 94.10(a) of the regulations PART 457ÐCOMMON CROP additional restrictions on the provide that hog cholera exists in all INSURANCE REGULATIONS importation of pork and pork products regions of the world except for certain into the United States from East Anglia, regions listed in those sections. 1. The authority citation for 7 CFR and the importation of swine from East Prior to the effective date of this part 457 continues to read as follows: Anglia will be prohibited. interim rule, Great Britain (England, Scotland, Wales, and Isle of Man) was Authority: 7 U.S.C. 1506(l), 1506(p). DATES: This interim rule was effective August 4, 2000. We invite you to included in the lists in §§ 94.9(a) and 2. Amend 457.141 as follows: comment on this docket. We will 94.10(a) of regions in which hog cholera a. Revise the introductory text; consider all comments that we receive is not known to exist. On August 8, by November 20, 2000. 2000, Great Britain’s Ministry of b. Revise section 9(a)(8) of the crop Agriculture, Fisheries and Food (MAFF) provisions; and ADDRESSES: Please send your comment and three copies to: Docket No. 00–080– reported that an outbreak of hog cholera c. Revise section 9(b) of the crop 1, Regulatory Analysis and had occurred in East Anglia, a region of provisions. Development, PPD, APHIS, Suite 3C03, England that includes the counties of Essex, Norfolk, and Suffolk. After 4700 River Road, Unit 118, Riverdale, § 457.141 Rice crop insurance provisions. reviewing the reports submitted by MD 20737–1238. The Rice Crop Insurance Provisions Please state that your comment refers MAFF, the Animal and Plant Health Inspection Service has determined that for the 2001 and succeeding crop years to Docket No. 00–080–1. are as follows: You may read any comments that we it is necessary to remove East Anglia * * * * * receive on this docket in our reading from the list of regions considered to be free of hog cholera. 9. Causes of Loss. room. The reading room is located in Therefore, we are amending §§ 94.9(a) (a) * * * room 1141 of the USDA South Building, and 94.10(a) by removing East Anglia (8) Failure of the irrigation water supply if 14th Street and Independence Avenue, caused by an insured cause of loss specified from the list of regions in which hog in sections 9(a)(1) through (7), drought, or the SW., Washington, DC. Normal reading cholera is not known to exist. We are intrusion of saline water. room hours are 8 a.m. to 4:30 p.m., making this amendment effective (b) In addition to the causes of loss not Monday through Friday, except retroactively to August 4, 2000, because insured against in section 12 of the Basic holidays. To be sure someone is there to that is the day that hog cholera was Provisions, we will not insure against any help you, please call (202) 690–2817 initially suspected in East Anglia. On loss of production due to the application of before coming. August 8, 2000, MAFF confirmed East saline water, except as specified in section APHIS documents published in the 9(a)(8) of these crop provisions. Anglia’s outbreak of hog cholera. As a Federal Register, and related result of this action, the importation of * * * * * information, including the names of swine from East Anglia is prohibited, Signed in Washington, D.C., on September organizations and individuals who have and pork and pork products from East 14, 2000. commented on APHIS dockets, are Anglia will not be eligible for entry into Kenneth D. Ackerman, available on the Internet at http:// the United States unless the pork or Manager, Federal Crop Insurance www.aphis.usda.gov/ppd/rad/ pork products are cooked or cured and Corporation. webrepor.html. dried in accordance with the [FR Doc. 00–24087 Filed 9–19–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: Dr. regulations. Other regions of England, as BILLING CODE 3410±08±P Gary Colgrove, Chief Staff Veterinarian, well as Scotland, Wales, and Isle of
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Man, will remain on the list of regions based on reports we have received from Iceland; Isle of Man; New Zealand; considered to be free of hog cholera in MAFF, which confirm that an outbreak Northern Ireland; Norway; the Republic §§ 94.9(a) and 94.10(a). of hog cholera has occurred in East of Ireland; Scotland; Sweden; Trust Although we are removing East Anglia. Territory of the Pacific Islands; and Anglia from the list of regions in which This emergency situation makes Wales.10 hog cholera is not known to exist, we timely compliance with section 604 of * * * * * recognize that MAFF immediately the Regulatory Flexibility Act (5 U.S.C. 3. In § 94.10, paragraph (a), the first responded to the detection of the 601 et seq.) impracticable. We are sentence is revised to read as follows: disease by imposing restrictions on the currently assessing the potential movement of pork, pork products, and economic effects of this action on small § 94.10 Swine from regions where hog swine from the affected area and entities. Based on that assessment, we cholera exists. initiating measures to eradicate the will either certify that the rule would (a) Hog cholera is known to exist in disease. At the time of publication of not have a significant economic impact all regions of the world except this interim rule, it appears that the on a substantial number of small entities Australia; Canada; Denmark; England, outbreak is well controlled. Because of or publish a final regulatory flexibility except for East Anglia (Essex, Norfolk, MAFF’s efforts to ensure that hog analysis. and Suffolk counties); Fiji; Finland; cholera does not spread beyond East Iceland; Isle of Man; New Zealand; Anglia, we intend to reassess the Executive Order 12988 Northern Ireland; Norway; the Republic situation, in accordance with the This rule has been reviewed under of Ireland; Scotland; Sweden; Trust standards of the Office International des Executive Order 12988, Civil Justice Territory of the Pacific Islands; and Epizooties. In that reassessment process, Reform. This rule: (1) Preempts all State Wales. * * * we will consider all comments received and local laws and regulations that are * * * * * on this interim rule. This future inconsistent with this rule; (2) has assessment will determine whether it is Done in Washington, DC, this 14th day of retroactive effect to August 4, 2000; and September 2000. necessary to continue to prohibit the (3) does not require administrative Bobby R. Acord, importation of swine from East Anglia proceedings before parties may file suit and restrict the importation of pork and in court challenging this rule. Acting Administrator, Animal and Plant pork products from East Anglia or Health Inspection Service. whether we can restore East Anglia to Paperwork Reduction Act [FR Doc. 00–24136 Filed 9–19–00; 8:45 am] the list of regions in which hog cholera This rule contains no new BILLING CODE 3410±34±U is not known to exist. information collection or recordkeeping requirements under the Paperwork Emergency Action Reduction Act of 1995 (44 U.S.C. 3501 DEPARTMENT OF AGRICULTURE The Administrator of the Animal and et seq.). Plant Health Inspection Service has Animal and Plant Health Inspection determined that an emergency exists List of Subjects in 9 CFR Part 94 Service that warrants publication of this interim Animal diseases, Imports, Livestock, rule without prior opportunity for Meat and meat products, Milk, Poultry 9 CFR Part 98 public comment. Immediate action is and poultry products, Reporting and [Docket No. 99±023±2] necessary to prevent the introduction of recordkeeping requirements. hog cholera into the United States. Accordingly, we are amending 9 CFR Importation of Animal Semen Because prior notice and other public part 94 as follows: AGENCY: Animal and Plant Health procedures with respect to this action Inspection Service, USDA. are impracticable and contrary to the PART 94ÐRINDERPEST, FOOT-AND- public interest under these conditions, MOUTH DISEASE, FOWL PEST (FOWL ACTION: Final rule. PLAGUE), EXOTIC NEWCASTLE we find good cause under 5 U.S.C. 553 SUMMARY: We are amending our to make this action effective on August DISEASE, AFRICAN SWINE FEVER, regulations concerning the importation 4, 2000. We will consider comments HOG CHOLERA, AND BOVINE of animal semen by eliminating that are received within 60 days of SPONGIFORM ENCEPHALOPATHY: importation requirements for all canine publication of this rule in the Federal PROHIBITED AND RESTRICTED semen from anywhere in the world and Register. After the comment period IMPORTATIONS for equine semen from Canada. We closes, we will publish another believe these changes are warranted document in the Federal Register. It 1. The authority citation for part 94 continues to read as follows: because canine semen and equine will include a discussion of any semen from Canada pose no threat of comments we receive and any Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, introducing diseases to U.S. livestock. amendments we are making to the rule This action will reduce regulatory as a result of the comments. 134a, 134b, 134c, 134f, 136, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR requirements for the importation of Executive Order 12866 and Regulatory 2.22, 2.80, and 371.2(d). semen while continuing to protect the Flexibility Act health of U.S. livestock. 2. In § 94.9, paragraph (a) is revised to We are also requiring that other This rule has been reviewed under read as follows: Executive Order 12866. For this action, animal semen be imported only in the Office of Management and Budget § 94.9 Pork and pork products from shipping containers that bear the official has waived its review process required regions where hog cholera exists. government seal of the national by Executive Order 12866. (a) Hog cholera is known to exist in veterinary service of the region of origin. This action amends the regulations by all regions of the world except 10 See also other provisions of this part and parts removing East Anglia from the list of Australia; Canada; Denmark; England, 92, 95, and 96 of this chapter, and 327 of this title regions that are considered to be free of except for East Anglia (Essex, Norfolk, for other prohibitions and restrictions upon hog cholera. We are taking this action and Suffolk counties); Fiji; Finland; importation of swine and swine products.
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This action will help prevent the that are exotic to the United States or for Comment: Potential pathogens in importation of animal semen that does which there is a national eradication canine semen pose a threat to Canidae not meet the requirements of our program. Therefore, you should not spp. (for example, Brucella canis). regulations. eliminate importation requirements for Therefore, you should at least require EFFECTIVE DATE: October 20, 2000. equine semen from Canada. health certification, including a simple Response: Canada’s disease status for set of serologic tests or documentation FOR FURTHER INFORMATION CONTACT: Dr. of sero-negative status prior to Roger Perkins, Senior Staff Veterinarian, the diseases listed by this commenter is vaccination, for canine semen. National Center for Import and Export the same as the disease status of the (NCIE), VS, APHIS, 4700 River Road United States. Therefore, in accordance Response: The regulations in 9 CFR Unit 39, Riverdale, MD 20737–1231; with the standards established by the part 98 govern the importation of animal (301) 734–8419. Office International des Epizooties and germ plasm to prevent the introduction international trade agreements entered of contagious diseases of livestock and SUPPLEMENTARY INFORMATION: into by the United States, we have no poultry into the United States. We do Background basis to require testing of equine semen not consider Canidae spp., such as The regulations in 9 CFR part 98 from Canada for these diseases or to foxes, jackals, coyotes, wolves, and govern the importation of animal germ impose other regulatory requirements dogs, to be livestock under the plasm to prevent the introduction of on equine semen from Canada based on regulations, and there is no evidence contagious diseases of livestock and Canada’s disease status. that diseases that could be transmitted poultry into the United States. Subparts Further, it is impractical to require by canine semen would present a threat A and B of part 98 apply to animal intensive disease screenings for equine to livestock. Therefore, we are making embryos, and subpart C (referred to semen. The time involved in testing no changes to the proposal in response below as ‘‘the regulations’’) applies to would preclude the importation of fresh to this comment. animal semen. semen and may even affect the viability Comment: Your analysis under We are amending the regulations by of imported frozen semen. Executive Order 12866 and the eliminating importation requirements Therefore, we are making no changes Regulatory Flexibility Act for all canine semen from anywhere in to the proposal in response to this underestimates the effect that this the world and for equine semen from comment. proposal could have on U.S. entities. Canada. We believe these changes are Comment: If you are considering The analysis should consider the warranted because canine semen and amending the regulations to require potential for the international equine semen from Canada pose no testing of semen from stallions that are movement of both canine and equine threat of introducing diseases to U.S. serologically positive for EVA, why semen. In the early years of bovine livestock. We are also removing would you propose to remove artificial insemination, the world references to mules from the regulations requirements for equine semen from underestimated the effect this because mule semen is not collected. In Canada? technology would have on the cattle addition, we are requiring that other Response: At this time, our industry and trade of bovine semen. animal semen be imported only in regulations do not require domestic or Especially when researchers find an shipping containers that bear the official imported semen to be tested for EVA. If, easy way to cryopreserve stallion semen government seal of the national in the future, we determine that such a to maintain a high level of fertility, we veterinary service of the region of origin. requirement is necessary, we will will see a significant increase in the use This action will help prevent the amend the regulations to reflect that of frozen semen, and the dynamics of importation of animal semen that does change. Until that time, we have no your ‘‘apparently small volume of not meet the requirements of our basis for imposing stricter requirements imports’’ will change dramatically. regulations. on equine semen from Canada than on Response: It is extremely difficult, at We published a proposal for this domestic equine semen. Therefore, we best, to project how a regulatory action, action in the Federal Register on are making no changes to the proposal or a new technology, will affect January 26, 2000 (65 FR 4173–4176, in response to this comment. international trade. Therefore, we use Docket No. 99–023–1). We solicited Comment: There is evidence that EIA current trade and production comments concerning our proposal for can be spread through semen. We information to make our best estimates 60 days ending March 27, 2000. We require live animals from Canada to be about the potential effect of rules. We received eight comments by that date. EIA negative. We should also require believe that the economic analysis in They were from representatives of testing of equine semen from Canada to this document is a fair estimate of the industry and a university. Five determine if the semen is negative. potential effect this rule will have on commenters supported the proposed Response: Two research papers, one U.S. importers and others. Therefore, we rule in its entirety. The remaining published in 1942 and the other in are making no changes to the proposal commenters expressed concerns about 1984, reference the possibility that EIA in response to this comment. certain provisions of the proposed rule. can be spread through semen. However, Therefore, for the reasons given in the Their specific concerns are discussed we do not know of any more current proposed rule and in this document, we below. research that confirms or supports the are adopting the proposed rule as a final Comment: All imported equine theory that EIA can be transmitted rule, without change. semen, even equine semen from Canada, through semen. Consequently, we Executive Order 12866 and Regulatory should be required to be screened for believe that, even if EIA were present in Flexibility Act specific pathogens, such as contagious equine semen imported into the United equine metritis (CEM), equine viral States from Canada, there is no sound This rule has been reviewed under arteritis (EVA), vesicular stomatitis, scientific basis to conclude that disease Executive Order 12866. The rule has West Nile virus, equine infectious transmission would occur through been determined to be not significant for anemia (EIA), equine influenza, and insemination of that semen. Therefore, the purposes of Executive Order 12866 equine herpes virus. Screenings should we are making no changes to the and, therefore, has not been reviewed by not be limited to those equine diseases proposal in response to this comment. the Office of Management and Budget.
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We are amending the regulations by 1998, we expect the value of those expected to have a significant economic eliminating importation requirements imports each amounted to less than $14 effect on affected businesses. for canine semen from anywhere in the million. Under these circumstances, the world and for equine semen from We are also requiring that other Administrator of the Animal and Plant Canada, and by removing references to animal semen from anywhere in the Health Inspection Service has mules. This means that canine semen world be imported only in shipping determined that this action will not from anywhere in the world, and equine containers that bear an official have a significant economic impact on semen from Canada, will no longer need government seal. The seal number of a substantial number of small entities. an import permit, declaration, health each shipping container will have to Executive Order 12988 certificate, or other document and will appear on the health certificate that not have to meet any other requirements accompanies the shipment. This action This final rule has been reviewed in our regulations when imported into will help prevent the importation of under Executive Order 12988, Civil the United States. This action will have animal semen that does not meet the Justice Reform. This rule: (1) Preempts no affect on the importation of mule requirements of our regulations. all State and local laws and regulations semen because mule semen is not Because it is standard industry that are inconsistent with this rule; (2) collected and, therefore, not imported. practice to seal containers of animal has no retroactive effect; and (3) does We believe these changes are warranted semen for importation into the United not require administrative proceedings because canine semen from anywhere in States with official seals, we do not before parties may file suit in court the world, as well as equine semen from believe this change will have a challenging this rule. Canada, pose no threat of introducing significant impact on exporters, Paperwork Reduction Act diseases to U.S. livestock. This action importers, or APHIS. For veterinarians This rule contains no new will reduce requirements while in the country of export, writing the seal information collection or recordkeeping continuing to protect the health of U.S. numbers of the shipping containers on requirements under the Paperwork livestock. This action will benefit U.S. the health certificate accompanying the Reduction Act of 1995 (44 U.S.C. 3501 importers of canine semen from shipment and, for APHIS, checking to et seq.). anywhere in the world and equine see that the seal numbers match will semen from Canada because it will ease require a small amount of time, but we List of Subjects in 9 CFR Part 98 the importation of these products. As do not believe that will have a Animal diseases, Imports. noted above, importers of canine semen significant impact on affected persons. Accordingly, we are amending 9 CFR from anywhere in the world and equine The Regulatory Flexibility Act part 98 as follows: semen from Canada will no longer need requires us to consider the economic to obtain an import permit, health effects of our rules on small entities. certificate, or declaration before PART 98ÐIMPORTATION OF CERTAIN The businesses in the United States that importing the semen into the United ANIMAL EMBRYOS AND ANIMAL will be affected by the proposed rule States. This will slightly reduce the time SEMEN change are importers of canine semen and money required for the importation from anywhere in the world and equine 1. The authority citation for part 98 is of these products. The principal semen from Canada. The number of revised to read as follows: monetary savings to affected importers these businesses is not known, but there will be the $39.50 per load fee currently Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; are probably few because of the charged for a permit to import animal 21 U.S.C. 103–105, 111, 134a, 134b, 134c, apparently small volume of U.S. imports 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 semen into the United States (see table CFR 2.22, 2.80, and 371.4. of user fees in 9 CFR part 130.8). of canine and equine semen. Therefore, APHIS will also benefit from this this action will likely not have an 2. In § 98.30, the definition of action because we will no longer have economic effect on a substantial number Animals is revised to read as follows: to use our resources to issue import of U.S. businesses, large or small. § 98.30 Definitions. permits or perform other duties required The businesses that will be affected by the regulations for the importation of are likely small in size, at least by the * * * * * canine semen from anywhere in the standards of the Small Business Animals. Cattle, sheep, goats, other world or equine semen from Canada. Administration (SBA). This assumption ruminants, swine, horses, asses, zebras, However, we believe that the benefits is based on SBA’s information for and poultry. of this action will be small because of providers of services involving animal * * * * * the apparently small volume of U.S. semen, or similar services, in the United 3. Section 98.35 is amended as imports of canine semen from anywhere States. In 1993, there were 1,671 U.S. follows: in the world and equine semen from firms engaged in buying and/or a. By redesignating paragraphs (d)(7) Canada. Specific data on the volume of marketing certain farm products, and (d)(8) as paragraphs (d)(8) and these imports is not available, which including animal semen. Of those 1,671 (d)(9), and by adding a new paragraph leads us to believe that the volume of firms, 97 percent had fewer than 100 (d)(7). those imports is relatively small. As a employees, the SBA’s small entity b. By adding a new paragraph (f). point of reference, the value of U.S. threshold for such firms. In addition, in imports of bovine semen from all 1993, there were 6,804 U.S. firms § 98.35 Declaration, health certificate, and countries of the world in 1998 engaged in performing certain services other documents for animal semen. amounted to approximately $14 million. for pets, equines, and other animal * * * * * That means those imports comprised specialities, including artificial (d) * * * only 0.1 percent of the value of U.S. insemination and breeding services. The (7) The seal number on the shipping imports of all products of animal origin per firm sales average of those 6,804 container; from all countries of the world in 1998. firms was $115,290, a figure well below * * * * * Because the volumes of U.S. imports of the SBA’s small entity threshold for (f) All shipping containers carrying canine semen and equine semen were such firms of $5 million. However, as animal semen for importation into the not reported as separate categories for previously discussed, this rule is not United States must be sealed with an
VerDate 112000 15:32 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM pfrm08 PsN: 20SER1 56778 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations official seal of the national veterinary (2) The seal numbers on the health 4. Immediately before § 98.36, the service of the region of origin. The certificate and shipping container do heading ‘‘Canada’’ is removed. health certificate must show the seal not match, but an APHIS representative 5. Section 98.36 is revised to read as number on the shipping container. The at the port of entry is satisfied that the follows: semen must remain in the sealed shipping container contains the semen container until arrival in the United described on the health certificate, § 98.36 Animal semen from Canada. States and, at the U.S. port of entry, an import permit, declaration, and any (a) General importation requirements inspector determines that either: other accompanying documents. (1) The seal numbers on the health for animal semen from Canada. certificate and shipping container * * * * * match; or
If the product is . . . Then . . .
(1) Equine semen ...... There are no importation requirements under this part.
(2) Sheep or goat semen ...... The importer or his agent, in accordance with §§ 98.34 and 98.35 of this part, must present: (i) An import permit; (ii) Two copies of a declaration; and (iii) A health certificate.
(3) Animal semen other than equine, See paragraph (b) of this section. sheep, or goat semen.
(b) Importation requirements for animal semen other than equine, sheep, or goat semen from Canada.
If the product is offered for entry And . . . Or . . . Then . . . at a . . .
(1) Canadian The donor animal was born in The donor animal was legally The importer or his agent, in ac- land border Canada or the United States imported into Canada, released cordance with § 98.35 of this port listed in and has never been in a region to move freely in Canada, and part, must present: § 98.33(b) of other than Canada or the has been released in Canada (i) Two copies of a declaration; this part. United States. for no less than 60 days. and (ii) A health certificate.
(2) Canadian The donor animal does not meet The importer or his agent, in ac- land border the special conditions listed cordance with §§ 98.34 and port listed in above in paragraph (b)(1) of 98.35 of this part, must § 98.33(b) of this table. present: this part. (i) An import permit; (ii) Two copies of a declaration; and (iii) A health certificate. (3) Port not list- The importer or his agent, in ac- ed in cordance with §§ 98.34 and § 98.33(b) of 98.35 of this part, must this part. present: (i) An import permit; (ii) Two copies of a declaration; and (iii) A health certificate.
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Done in Washington, DC, this 14th day of that the Model MB-300 meets the HIRF, in light of the ongoing work of the September 2000. applicable provisions of 14 CFR part 23, ARAC Electromagnetic Effects Bobby R. Acord, as amended by Amendments 23–1 Harmonization Working Group Acting Administrator, Animal and Plant through 23–53 thereto. (EEHWG). The EEHWG adopted a set of Health Inspection Service. If the Administrator finds that the HIRF environment levels in November [FR Doc. 00–24134 Filed 9–19–00; 8:45 am] applicable airworthiness regulations 1997 that were agreed upon by the FAA, BILLING CODE 3410±34±U (i.e., 14 CFR part 23) do not contain JAA, and industry participants. As a adequate or appropriate safety standards result, the HIRF environments in this for the Model MB–300 because of a notice reflect the environment levels DEPARTMENT OF TRANSPORTATION novel or unusual design feature, special recommended by this working group. conditions are prescribed under the This Notice states that a full authority Federal Aviation Administration provisions of § 21.16. digital engine control is an example of In addition to the applicable a system that should address the HIRF 14 CFR Part 23 airworthiness regulations and special conditions, the Model MB-300 must environments. [Docket No. CE161; Special Conditions No. Even though the control system will 23±104±SC] comply with the fuel vent and exhaust emission requirements of 14 CFR part be certificated as part of the engine, the Special Conditions: Installation of Full 34 and the noise certification installation of an engine with an Authority Digital Engine Control requirements of 14 CFR part 36, and the electronic control system requires (FADEC) System on Morrow Aircraft FAA must issue a finding of regulatory evaluation due to the possible effects on Corporation Model MB±300 Airplane adequacy pursuant to § 611 of Public or by other airplane systems (e.g., radio Law 92–574, the ‘‘Noise Control Act of interference with other airplane AGENCY: Federal Aviation 1972.’’ electronic systems, shared engine and Administration (FAA), DOT. Special conditions, as appropriate, are airplane power sources). The regulatory ACTION: Final special conditions. issued in accordance with § 11.49 after requirements in 14 CFR part 23 for public notice, as required by §§ 11.28 SUMMARY: These special conditions are evaluating the installation of complex and 11.29(b), and become part of the issued for the Morrow Aircraft systems, including electronic systems, type certification basis in accordance Corporation Model MB–300, which will are contained in § 23.1309. However, with § 21.17(a)(2). use a FADEC System. This airplane will when § 23.1309 was developed, the use Special conditions are initially of electronic control systems for engines have a novel or unusual design feature applicable to the model for which they associated with the installation of an was not envisioned; therefore, the are issued. Should the type certificate § 23.1309 requirements were not engine that uses an electronic engine for that model be amended later to control system in place of the engine’s applicable to systems certificated as part include any other model that mechanical system. The applicable of the engine (reference § 23.1309(f)(1)). incorporates the same novel or unusual airworthiness regulations do not contain Also, electronic control systems often design feature, the special conditions adequate or appropriate safety standards require inputs from airplane data and would also apply to the other model for this design feature. These special power sources and outputs to other under the provisions of § 21.101(a)(1). conditions contain the additional safety airplane systems (e.g., automated standards that the Administrator Novel or Unusual Design Features cockpit powerplant controls such as considers necessary to establish a level The Morrow Model MB–300 will mixture setting). Although the parts of of safety equivalent to that established incorporate the following novel or the system that are not certificated with by the existing airworthiness standards. unusual design features: the engine could be evaluated using the EFFECTIVE DATE: October 20, 2000. The Morrow Model MB–300 airplane criteria of § 23.1309, the integral nature FOR FURTHER INFORMATION CONTACT: will use two engines that each include of systems such as these makes it Randy Griffith, Aerospace Engineer, an electronic control system with full unfeasible to evaluate the airplane Federal Aviation Administration, engine authority capability. portion of the system without including Aircraft Certification Service, Small Many advanced electronic systems are the engine portion of the system. Airplane Directorate, ACE–111, 901 prone to either upsets or damage, or However, § 23.1309(f)(1) again prevents Locust, Room 301, Kansas City, both, at energy levels lower than analog complete evaluation of the installed Missouri, 816–329–4126, fax 816–329– systems. The increasing use of high airplane system since evaluation of the 4090. power radio frequency emitters engine system’s effects is not required. mandates requirements for improved SUPPLEMENTARY INFORMATION: Therefore, special conditions for the high intensity radiated fields (HIRF) Morrow Model MB–300 provide HIRF Background protection for electrical and electronic protection and evaluate the installation equipment. Since the electronic engine On March 5, 1999, Morrow Aircraft of the electronic engine control system control system used on the Morrow Corporation applied for a type for compliance with the requirements of certificate for the Model MB–300 Model MB–300 will perform critical functions, provisions for protection § 23.1309(a) through (e) at Amendment airplane. The Model MB–300 is a small, 23–53. normal category airplane. The airplane from the effects of HIRF fields should be is powered by two reciprocating considered and, if necessary, Discussion of Comments engines, each equipped with an incorporated into the airplane design electronic engine control system with data. The FAA policy contained in A notice of proposed special full authority capability in place of the Notice 8110.71, dated April 2, 1998, conditions No. 23–00–02–SC for the hydromechanical control system. establishes the HIRF energy levels that Morrow Aircraft Corporation Model airplanes will be exposed to in service. MB–300 airplane was published on May Type Certification Basis The guidelines set forth in this Notice 15, 2000 (65 FR 30936). No comments Under the provisions of 14 CFR 21.17, are the result of an Aircraft Certification were received, and the special Morrow Aircraft Corporation must show Service review of existing policy on conditions are adopted as proposed.
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Applicability electronic systems that perform critical DEPARTMENT OF TRANSPORTATION As discussed above, these special functions are not adversely affected Federal Aviation Administration conditions are applicable to the Morrow when the aircraft is exposed to the Model MB–300. Should Morrow external HIRF threat environment 14 CFR Part 39 Aircraft Corporation apply at a later date defined in the following table: for a change to the type certificate to [Docket No. 99±NM±26±AD; Amendment include another model incorporating the Field strength (volts per 39±11902; AD 2000±19±01] Frequency meter) same novel or unusual design feature, RIN 2120±AA64 the special conditions would apply to Peak Average that model as well under the provisions Airworthiness Directives; Bombardier of § 21.101(a)(1). 10 kHz±100 kHz 50 50 Model CL±600±1A11 (CL±600) and CL± 100 kHz±500 600±2A12 (CL±601) Series Airplanes Conclusion kHz ...... 50 50 This action affects only certain novel 500 kHz±2 MHz 50 50 AGENCY: Federal Aviation or unusual design features on one 2 MHz±30 MHz 100 100 Administration, DOT. 30 MHz±70 MHz 50 50 model, the Morrow Model MB–300 ACTION: Final rule. 70 MHz±100 airplane. It is not a rule of general MHz ...... 50 50 SUMMARY: This amendment adopts a applicability, and it affects only the 100 MHz±200 applicant who applied to the FAA for new airworthiness directive (AD), MHz ...... 100 100 applicable to Bombardier Model CL– approval of these features on the 200 MHz±400 airplane. MHz ...... 100 100 600–1A11 (CL–600) and CL–600–2A12 400 MHz±700 (CL–601) series airplanes, that requires List of Subjects in 14 CFR Part 23 MHz ...... 700 50 modification of the main landing gear Aircraft, Aviation safety, Signs and 700 MHz±1 GHz 700 100 (MLG) brake units and inboard MLG symbols. 1 GHz±2 GHz ... 2000 200 wheels; and a revision to the Airplane 2 GHz±4 GHz ... 3000 200 Flight Manual (AFM) to include the Citation 4 GHz±6 GHz ... 3000 200 increased cooling times for the modified The authority citation for these 6 GHz±8 GHz ... 1000 200 brakes. This amendment allows, for special conditions is as follows: 8 GHz±12 GHz 3000 300 certain cases, removal of the inboard 12 GHz±18 GHz 2000 200 and/or outboard wheel discs by Authority: 49 U.S.C. 106(g), 40113 and 18 GHz±40 GHz 600 200 installation of a placard to limit airplane 44701; 14 CFR 21.16 and 21.17; and 14 CFR operation on the ground and a revision 11.28 and 49. The field strengths are expressed in terms of peak root-mean-square (rms) values. to the AFM to include information for The Special Conditions operating the airplane with the wheel discs removed. Additionally, this Accordingly, under the authority or, delegated to me by the Administrator, amendment provides for an acceptable the following special conditions are (2) The applicant may demonstrate by method of compliance that involves issued as part of the type certification a system test and analysis that the installation of a new revision to the basis for Morrow Model MB–300 electrical and electronic systems that AFM. This amendment is prompted by airplane. perform critical functions can withstand issuance of mandatory continuing 1. High Intensity Radiated Fields a minimum threat of 100 volts per meter airworthiness information by a foreign (HIRF) Protection. In showing peak electrical strength, without the civil airworthiness authority. The compliance with 14 CFR part 21 and the benefit of airplane structural shielding, actions specified by this AD are airworthiness requirements of 14 CFR in the frequency range of 10 KHz to 18 intended to prevent water freezing on part 23, protection against hazards GHz. When using this test to show the brake while the airplane is in flight caused by exposure to HIRF fields for compliance with the HIRF due to water, slush, or snow from the the full authority digital engine control requirements, no credit is given for runway entering into the brake system, which performs critical signal attenuation due to installation. assemblies during takeoff, and functions, must be considered. To Data used for engine certification may consequently, a tire burst during prevent this occurrence, the electronic be used, when appropriate, for airplane landing of the airplane. engine control system must be designed certification. DATES: Effective October 25, 2000. and installed to ensure that the 2. Electronic Engine Control System. The incorporation by reference of operation and operational capabilities of The installation items that affect the certain publications listed in the this critical system are not adversely electronic engine control system must regulations is approved by the Director affected when the airplane is exposed to comply with the requirements of of the Federal Register as of October 25, high energy radio fields. § 23.1309(a) through (e) including 2000. At this time, the FAA and other applicable amendments through ADDRESSES: The service information airworthiness authorities are unable to Amendment 23–53. Data used for referenced in this AD may be obtained precisely define or control the HIRF engine certification may be used, when from Bombardier, Inc., Canadair, energy level to which the airplane will appropriate, for airplane certification. Aerospace Group, P.O. Box 6087, be exposed in service; therefore, the Station Centre-ville, Montreal, Quebec FAA hereby defines two acceptable Issued in Kansas City, Missouri on H3C 3G9, Canada. This information may September 6, 2000. interim methods for complying with the be examined at the FAA, Transport requirement for protection of systems Michael Gallagher, Airplane Directorate, 1601 Lind that perform critical functions. Manager, Small Airplane Directorate, Aircraft Avenue, SW., Renton, Washington; or at (1) The applicant may demonstrate Certification Service. the FAA, New York Aircraft that the operation and operational [FR Doc. 00–24141 Filed 9–19–00; 8:45 am] Certification Office, 10 Fifth Street, capability of the installed electrical and BILLING CODE 4910±13±P Third Floor, Valley Stream, New York;
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However, install the new AFM revisions specified Certification Office, 10 Fifth Street, the FAA acknowledges that the in paragraph (d) of this AD, it will take Third Floor, Valley Stream, New York procedures described in the new AFM approximately 1 work hour per airplane 11581; telephone (516) 256–7521; fax revisions do provide an acceptable level to accomplish, at an average labor rate (516) 568–2716. of safety for complying with the of $60 per work hour. Based on these requirements of this AD. Therefore, the figures, the cost impact of the AFM SUPPLEMENTARY INFORMATION: A final rule has been revised to add a new revision specified in paragraph (d) of proposal to amend part 39 of the Federal paragraph (d) that provides for this AD on U.S. operators is estimated Aviation Regulations (14 CFR part 39) to compliance with the requirements of to be $7,860, or $60 per airplane. include an airworthiness directive (AD) this AD. that is applicable to certain Bombardier Regulatory Impact Model CL–600–1A11 (CL–600) and CL– Conclusion The regulations adopted herein will 600–2A12 (CL–601) series airplanes was After careful review of the available not have a substantial direct effect on published in the Federal Register on data, including the comment noted the States, on the relationship between March 31, 2000 (65 FR 17208). That above, the FAA has determined that air the national Government and the States, action proposed to require modification safety and the public interest require the or on the distribution of power and of the main landing gear (MLG) brake adoption of the rule with the changes responsibilities among the various units and inboard MLG wheels; and a previously described. The FAA has levels of government. Therefore, it is revision to the Airplane Flight Manual determined that these changes will determined that this final rule does not (AFM) to include the increased cooling neither increase the economic burden have federalism implications under times for the modified brakes. That on any operator nor increase the scope Executive Order 13132. action also proposed to allow, for of the AD. For the reasons discussed above, I certain cases, removal of the inboard Cost Impact certify that this action (1) is not a and/or outboard wheel discs by ‘‘significant regulatory action’’ under installation of a placard to limit airplane The FAA estimates that 131 airplanes Executive Order 12866; (2) is not a operation on the ground and a revision of U.S. registry will be affected by this ‘‘significant rule’’ under DOT to the AFM to include information for AD. Regulatory Policies and Procedures (44 operating the airplane with the wheel It will take approximately 33 work FR 11034, February 26, 1979); and (3) discs removed. hours [for Model CL–600–1A11 (CL– will not have a significant economic 600) series airplanes] or 26 work hours Comments impact, positive or negative, on a [for Model CL–600–2A12 (CL–601) substantial number of small entities Interested persons have been afforded series airplanes] per airplane to under the criteria of the Regulatory an opportunity to participate in the accomplish the required modification, Flexibility Act. A final evaluation has making of this amendment. Due at an average labor rate of $60 per work been prepared for this action and it is consideration has been given to the hour. Required parts will cost contained in the Rules Docket. A copy single comment received. approximately $2,977 per airplane. of it may be obtained from the Rules Request to Withdraw the Proposal Based on these figures, the cost impact Docket at the location provided under of this action required by this AD on the caption ADDRESSES. The commenter points out that the U.S. operators is estimated to be manufacturer has issued, and the FAA $649,367, or $4,957 per airplane [for List of Subjects in 14 CFR Part 39 has approved, a revision of the AFM’s Model CL–600–1A11 (CL–600) series Air transportation, Aircraft, Aviation for the applicable airplane models that airplanes], and $594,347, or $4,537 per safety, Incorporation by reference, contain procedures to dry out the airplane [for Model CL–600–2A12 (CL– Safety. brakes. [Bombardier Model CL–600– 601) series airplanes]. 1A11 (CL–600) AFM Revisions A84 and It will take approximately 1 work Adoption of the Amendment 76, both dated February 7, 2000; and hour per airplane to accomplish the Accordingly, pursuant to the Model CL600–2A12 (CL–601) AFM required AFM revision, at an average authority delegated to me by the Revisions 45, 48, 50, and 86, all dated labor rate of $60 per work hour. Based Administrator, the Federal Aviation February 7, 2000.] The AFM revision for on these figures, the cost impact of the Administration amends part 39 of the the applicable airplane models also AFM revision required by this AD on Federal Aviation Regulations (14 CFR contains procedures calling for a U.S. operators is estimated to be $7,860, part 39) as follows: minimum number of brake applications or $60 per airplane. during taxi prior to take-off when The cost impact figures discussed PART 39ÐAIRWORTHINESS operating on wet, snow covered, or above are based on assumptions that no DIRECTIVES slush covered surfaces. The commenter operator has yet accomplished any of concludes that the modification of the the requirements of this AD action, and 1. The authority citation for part 39 MLG units and inboard MLG wheels that no operator would accomplish continues to read as follows: specified in the proposal is no longer those actions in the future if this AD Authority: 49 U.S.C. 106(g), 40113, 44701. necessary. The FAA infers that the were not adopted. The cost impact commenter is requesting that the NPRM figures discussed in AD rulemaking § 39.13 [Amended] be withdrawn. actions represent only the time 2. Section 39.13 is amended by The FAA does not concur that the necessary to perform the specific actions adding the following new airworthiness NPRM should be withdrawn. Since an actually required by the AD. These directive:
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2000–19–01 Bombardier, Inc. (Formerly (b) Operation of the airplane from 21.197 and 21.199) to operate the airplane to Canadair): Amendment 39–11902. contaminated runways (i.e., wet, snow a location where the requirements of this AD Docket 99-NM–26–AD. covered, or slush covered surfaces) is can be accomplished. Applicability: Model CL–600–1A11 (CL– prohibited until the actions required by Incorporation by Reference 600) series airplanes, serial numbers 1004 paragraph (a) or (d) of this AD are through 1066 inclusive and 1068 through accomplished. (g)(1) The actions required by paragraph (a) 1085 inclusive, and Model CL–600–2A12 Optional Placard Installation and AFM of this AD shall be done in accordance with (CL–601) series airplanes, serial numbers Revisions Canadair Challenger Service Bulletin 601– 3001 through 3050 inclusive; certificated in 0024, Revision 3, dated November 27, 1984, any category. (c) For airplanes that do not operate from including Attachment 1, dated June 21, 1984, Note 1: This AD applies to each airplane a wet runway where the ambient temperature Attachment 2, dated December 6, 1983, and identified in the preceding applicability is below 10 degrees Celsius: It is permissible Attachment 3, dated January 11, 1984; or to remove the inboard and/or outboard wheel provision, regardless of whether it has been Canadair Challenger Service Bulletin 600– discs upon accomplishment of the actions modified, altered, or repaired in the area 0369, Revision 4, dated June 27,1984, specified in paragraphs (c)(1) and (c)(2) of subject to the requirements of this AD. For including Attachment 1, dated December 6, airplanes that have been modified, altered, or this AD, in accordance with Canadair Challenger Service Bulletin 600–0662, dated 1983, and Attachment 2, dated January 11, repaired so that the performance of the 1984; as applicable. Revision 3 of Canadair requirements of this AD is affected, the November 30, 1995 [for Model CL–600–1A11 (CL–600) series airplanes]; or 601–0467, Challenger Service Bulletin 601–0024 owner/operator must request approval for an contains the list of effective pages specified alternative method of compliance in dated November 30, 1995 [for Model CL– in Table 1 of this AD. Revision 4 of Canadair accordance with paragraph (e) of this AD. 600–2A12 (CL–601) series airplanes]; as Challenger Service Bulletin 600–0369 The request should include an assessment of applicable. The placard and AFM revision the effect of the modification, alteration, or required by paragraphs (c)(1) and (c)(2) of contains the list of effective pages specified repair on the unsafe condition addressed by this AD may be removed upon reinstallation in Table 2 of this AD. Tables 1 and 2 are as this AD; and, if the unsafe condition has not of the inboard and outboard wheel discs. follows: been eliminated, the request should include (1) Install a placard on the instrument specific proposed actions to address it. panel that states the following: ‘‘WHEEL TABLE 1 Compliance: Required as indicated, unless DISCS ARE REMOVED—REFER TO AFM accomplished previously. FOR LIMITATIONS’’ Revision level (2) Revise the Limitations Section of the Date shown To prevent water freezing on the brake Page Number shown on on page while the airplane is in flight due to water, AFM to include information for operating the page slush, or snow from the runway entering into airplane with the wheel discs removed. This the brake assemblies during takeoff, and AFM revision may be accomplished by 1±10 ...... 3 ...... November consequently, a tire burst during landing of inserting the applicable AFM revision 27, 1984. the airplane, accomplish the following: specified in the applicable service bulletin 1±13 ...... Attachment 1, June 21, listed in paragraph (a) of this AD. Subsequent Rev. 1. 1984. Modification and AFM Revision AFM revisions may be inserted in the AFM 1, 2 ...... Attachment 2 December 6, (a) Except as required by paragraph (b) of provided that the information for operating 1983 this AD, within 300 flight cycles after the the airplane with the wheel discs removed is 1, 2 ...... Attachment 3 January 11, effective date of this AD, accomplish the identical to the applicable AFM revision 1984. actions required by paragraphs (a)(1) and specified in the applicable service bulletin (a)(2) of this AD in accordance with the listed in paragraph (a) of this AD. Accomplishment Instructions of Canadair TABLE 2 Acceptable Methods of Compliance Challenger Service Bulletin 600–0369, Revision 4, dated June 27, 1984, including (d) For all airplanes: Installation of the Revision level Attachment 1, dated December 6, 1983, and AFM revision specified in either paragraph Date shown Page Number shown on on page Attachment 2, dated January 11, 1984 [for (d)(1) or (d)(2) of this AD, as applicable, is page Model CL–600–1A11 (CL–600) series acceptable for compliance with the airplanes]; or 601–0024, Revision 3, dated requirements of paragraphs (a) and (b) of this 1±10 ...... 4 ...... June 27, November 27, 1984, including Attachment 1, AD, as applicable. 1984. dated June 21, 1984, Attachment 2, dated (1) Bombardier Model CL–600–1A11 (CL– 1, 2 ...... Attachment 1 December 6, December 6, 1983, and Attachment 3, dated 600) AFM Revisions A84 and 76, both dated 1983. January 11, 1984 [for Model CL–600–2A12 February 7, 2000; or 1, 2 ...... Attachment 2 January 11, (CL–601) series airplanes]; as applicable. (2) Bombardier Model CL600–2A12 (CL– 1984. (1) Modify the main landing gear (MLG) 601) AFM Revisions 45, 48, 50, and 86, all brake units and inboard MLG wheels. dated February 7, 2000. (2) This incorporation by reference was Note 2: Part A of the Accomplishment Alternative Methods of Compliance approved by the Director of the Federal Instructions of Canadair Challenger Service Register in accordance with 5 U.S.C. 552(a) Bulletin 600–0369, Revision 4, dated June 27, (e) An alternative method of compliance or and 1 CFR part 51. Copies may be obtained adjustment of the compliance time that 1984, including Attachment 1, dated from Bombardier, Inc., Canadair, Aerospace provides an acceptable level of safety may be December 6, 1983, and Attachment 2, dated Group, P.O. Box 6087, Station Centre-ville, used if approved by the Manager, New York January 11, 1984; has been accomplished on Montreal, Quebec H3C 3G9, Canada. Copies Aircraft Certification Office (ACO), FAA. airplane serial number 1072 in production. may be inspected at the FAA, Transport Operators shall submit their requests through (2) Revise the Normal Procedures Section an appropriate FAA Principal Maintenance Airplane Directorate, 1601 Lind Avenue, of the FAA-approved Airplane Flight Manual Inspector, who may add comments and then SW., Renton, Washington; or at the FAA, (AFM) to include the brake cooling times for send it to the Manager, New York ACO. New York Aircraft Certification Office, 10 the modification specified in paragraph (a)(1) Fifth Street, Third Floor, Valley Stream, New of this AD. This AFM revision may be Note 3: Information concerning the York; or at the Office of the Federal Register, existence of approved alternative methods of accomplished by inserting the applicable 800 North Capitol Street, NW., suite 700, compliance with this AD, if any, may be AFM revision listed in the applicable service Washington, DC. bulletin listed in paragraph (a) of this AD. obtained from the New York ACO. Subsequent AFM revisions may be inserted Note 4: The subject of this AD is addressed in the AFM provided that the brake cooling Special Flight Permits in Canadian airworthiness directive CF–84– information is identical to the applicable (f) Special flight permits may be issued in 04R2, dated July 24, 1998. AFM revision listed in the applicable service accordance with sections 21.197 and 21.199 (h) This amendment becomes effective on bulletin listed in paragraph (a) of this AD. of the Federal Aviation Regulations (14 CFR October 20, 2000.
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Issued in Renton, Washington, on ADDRESSES: The service information A second commenter requests that the September 8, 2000. referenced in this AD may be obtained proposed compliance time be extended Donald L. Riggin, from Boeing Commercial Airplane to within 24 months after the effective Acting Manager, Transport Airplane Group, P.O. Box 3707, Seattle, date of this AD, not to exceed 4,000 Directorate, Aircraft Certification Service. Washington 98124–2207. This flight cycles. The commenter states that [FR Doc. 00–23579 Filed 9–19–00; 8:45 am] information may be examined at the this change will enable the tab freeplay BILLING CODE 4910±13±P Federal Aviation Administration (FAA), inspections and tab push rod bolt and Transport Airplane Directorate, Rules nut replacement to be made Docket, 1601 Lind Avenue, SW., concurrently during a regularly DEPARTMENT OF TRANSPORTATION Renton, Washington; or at the Office of scheduled major maintenance check (a the Federal Register, 800 North Capitol ‘‘C’’ check). The commenter adds that Federal Aviation Administration Street, NW., suite 700, Washington, DC. this change also will reduce the impact FOR FURTHER INFORMATION CONTACT: on fleet operations, a concern operators 14 CFR Part 39 Scott Fung, Aerospace Engineer, expressed during the lead airline [Docket No. 99±NM±69±AD; Amendment Airframe Branch, ANM–120S, FAA, reviews for Boeing Service Bulletin 39±11906; AD 2000±19±05] Seattle Aircraft Certification Office, 737–55A1070, dated January 13, 2000. According to the commenter, 737– RIN 2120±AA64 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone 55A1070 specifies that tab installation Airworthiness Directives; Boeing (425) 227–1221; fax (425) 227–1181. inspections and tab hinge and tab Model 737±100, ±200, ±200C, ±300, SUPPLEMENTARY INFORMATION: A trailing edge freeplay checks be made ±400, and ±500 Series Airplanes proposal to amend part 39 of the Federal within 4,000 flight cycles or 24 months Aviation Regulations (14 CFR part 39) after release of the service bulletin. That AGENCY: Federal Aviation by superseding AD 99–05–15, service bulletin also has repeat Administration, DOT. amendment 39–11063 (64 FR 10935, inspections at 1,500 flight cycles or ACTION: Final rule. March 8, 1999); applicable to certain 2,000 flight hours. Boeing Model 737–100, –200, –200C, A third commenter requests an SUMMARY: This amendment supersedes extension of the proposed compliance an existing airworthiness directive (AD); –300, –400, and –500 series airplanes; was published in the Federal Register time to 24 months after the effective applicable to certain Boeing Model 737– date of this AD. The commenter states 100, –200, –200C, –300, –400, and –500 on December 3, 1999 (64 FR 67807). The action proposed to continue to require that the extension would allow series airplanes; that currently requires accomplishment of the replacement a one-time inspection of the attachment a one-time inspection of the attachment nuts at each end attachment of the during its heavy maintenance checks. nuts at each end attachment of the A fourth commenter requests an elevator tab push rods to measure run- elevator tab push rods to measure run- on torque values, and corrective actions, extension of the proposed compliance on torque values, and corrective actions, time to 4 years after the effective date of if necessary. This amendment adds a if necessary. The action also proposed to add a requirement to replace all existing this AD. The commenter states that requirement to replace all existing bolts replacement of the hardware cannot be and attachment nuts at the forward and bolts and attachment nuts at the forward and aft end attachment of each elevator done in a short (overnight) maintenance aft end attachment of each elevator tab visit. The commenter proposes that the push rod with new bolts and self- tab push rod with new bolts and self- locking castellated nuts with cotter pins. compliance time be extended in order to locking castellated nuts with cotter pins. allow the work to be accomplished This amendment is prompted by reports Comments during a major maintenance visit. The of excessive high-frequency airframe Interested persons have been afforded commenter currently is working on vibration during flight, with consequent an opportunity to participate in the replacing the subject hardware per the structural damage to the elevator tab, making of this amendment. Due accomplishment schedule in the elevator, and stabilizer. The actions consideration has been given to the proposed rule. The commenter indicates specified by this AD are intended to comments received. that the inspection of the bolts for prevent detachment of an elevator tab current run-on torque values specified push rod due to a detached nut at either Supportive Comment in the proposal has been accomplished end attachment of a push rod, which One commenter supports the on its fleet, and the attachment could result in excessive high-frequency proposed rule. hardware has been replaced if its airframe vibration during flight; condition was beyond allowable limits. consequent structural damage to the Request To Extend Compliance Time in In light of this fact, the commenter notes elevator tab, elevator, and horizontal Paragraph (b) that an extension of the compliance stabilizer; and reduced controllability of Several commenters request that the time for the remaining attachments the airplane. FAA extend the proposed compliance should not pose a significant decrease in DATES: Effective October 25, 2000. time for the replacement of the existing safety. The incorporation by reference of bolts and attachment nuts specified in The FAA concurs with the Boeing Service Letter 737–SL–27–118– paragraph (b) of the proposal. One commenters’ requests to extend the D, dated December 17, 1999, as listed in commenter requests that the proposed compliance time required by paragraph the regulations, is approved by the compliance time be extended from 12 (b) of the final rule. Following careful Director of the Federal Register as of months to 18 months after the effective consideration of the comments, and in October 25, 2000. date of this AD. The commenter light of the fact that AD 99–05–15, The incorporation by reference of indicates that an 18-month compliance amendment 39–11063, mandated the Boeing Alert Service Bulletin 737– time will allow the work to be one-time inspection and corrective 27A1205, dated August 28, 1997, was incorporated into its regularly actions, the FAA has determined that it approved previously by the Director of scheduled maintenance visits when will not compromise safety to extend the Federal Register as of March 23, sufficient time and resources are the compliance time for the replacement 1999 (64 FR 10935, March 8, 1999). available. required by paragraph (b) of this AD.
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Therefore, the compliance time in Explanation of Change to Proposal $60 per work hour. Based on these paragraph (b) of this final rule has been Since the issuance of the notice of figures, the cost impact of the inspection extended to within 24 months or 4,000 proposed rulemaking (NPRM), the FAA required by this AD on U.S. operators is flight cycles after the effective date of has concluded that paragraph (c)(2) of estimated to be $240 per airplane. this AD, whichever occurs first. the proposal is incorrect. That Regulatory Impact Request To Revise Cost Impact paragraph reads, ‘‘Alternative methods The regulations adopted herein will Information of compliance (AMOC), approved previously in accordance with AD 99– not have a substantial direct effect on One commenter states that the actual 05–15, amendment 39–11063, are NOT the States, on the relationship between time required to modify an airplane considered to be approved as alternative the national Government and the States, (replace the existing bolts and nuts) is methods of compliance with this AD.’’ or on the distribution of power and 12 work hours and will exceed the 4 The FAA has determined that the responsibilities among the various work hours estimated in the proposed AMOC’s specified are indeed approved. levels of government. Therefore, it is rule. The commenter adds that the Therefore, paragraph (c)(2) of this final determined that this final rule does not modification cannot be done during an rule has been revised accordingly. have federalism implications under overnight maintenance visit without Executive Order 13132. disrupting service, and special routing Conclusion For the reasons discussed above, I would be required. After careful review of the available certify that this action (1) is not a The FAA acknowledges that the cost data, including the comments noted ‘‘significant regulatory action’’ under impact information, below, describes above, the FAA has determined that air Executive Order 12866; (2) is not a only the ‘‘direct’’ costs of the specific safety and the public interest require the ‘‘significant rule’’ under DOT actions required by this AD. The adoption of the rule with the changes Regulatory Policies and Procedures (44 estimate of 12 work hours submitted by previously described. The FAA has FR 11034, February 26, 1979); and (3) the commenter includes time for gaining determined that these changes will will not have a significant economic access and closing up. The cost analysis neither increase the economic burden impact, positive or negative, on a in AD rulemaking actions, however, on any operator nor increase the scope substantial number of small entities typically does not include incidental of the AD. under the criteria of the Regulatory costs, such as the time required to gain Flexibility Act. A final evaluation has access and close up, planning time, or Cost Impact been prepared for this action and it is time necessitated by other There are approximately 2,742 contained in the Rules Docket. A copy administrative actions. Because airplanes of the affected design in the of it may be obtained from the Rules incidental costs may vary significantly worldwide fleet. The FAA estimates that Docket at the location provided under from operator to operator, they are 1,106 airplanes of U.S. registry will be the caption ADDRESSES. almost impossible to calculate. The affected by this AD. List of Subjects in 14 CFR Part 39 number of work hours necessary to The new replacement that is required accomplish the required actions, in this AD action takes approximately 4 Air transportation, Aircraft, Aviation specified as 4 in the cost impact work hours per airplane to accomplish, safety, Incorporation by reference, information in the proposal and restated at an average labor rate of $60 per work Safety. below, represents the time necessary to hour. Required parts will cost Adoption of the Amendment perform only the actions actually approximately $560 per airplane. Based required by this AD (that is, the on these figures, the cost impact of the Accordingly, pursuant to the replacement). No change to the final replacement required by this AD on U.S. authority delegated to me by the rule is necessary in this regard. operators is estimated to be $884,800, or Administrator, the Federal Aviation $800 per airplane. Administration amends part 39 of the Later Revision of Service Letter The cost impact figure discussed Federal Aviation Regulations (14 CFR Two commenters state that the most above is based on assumptions that no part 39) as follows: current revision level of the service operator has yet accomplished any of letter should be used in the proposed the current or new requirements of this PART 39ÐAIRWORTHINESS rule. The FAA agrees with the AD action, and that no operator would DIRECTIVES commenters statement. The FAA has accomplish those actions in the future if reviewed and approved Boeing Service this AD were not adopted. 1. The authority citation for part 39 Letters 737–SL–27–118–B, dated April The one-time inspection required by continues to read as follows: 14, 1999; 737–SL–27–118–C, dated May AD 99–05–15 was required to be Authority: 49 U.S.C. 106(g), 40113, 44701. 19, 1999; and 737–SL–27–118–D, dated accomplished within 90 days after the December 17, 1999; and finds that they effective date of that AD (March 23, § 39.13 [Amended] are essentially similar to the service 1999). Since the 90-day compliance 2. Section 39.13 is amended by letter referenced in paragraphs (a)(2) time has passed, the FAA assumes that removing amendment 39–11063 (64 FR and (b) of the proposed rule. all airplanes currently on the U.S. 10935, March 8, 1999), and by adding a Accordingly, Revision ‘D’ has replaced Register have been inspected. Therefore, new airworthiness directive (AD), the reference to Revision ‘A’ in there is no future cost impact of this amendment 39–11906, to read as paragraphs (a)(2) and (b) of this AD. In requirement on current U.S. operators of follows: addition, a new note (Note 3) has been these airplanes. 2000–19–05 Boeing: Amendment 39–11906. added to this final rule to give credit for However, should an affected airplane Docket 99–NM–69–AD. Supersedes AD accomplishment of the actions in be imported and placed on the U.S. 99–05–15, Amendment 39–11063. paragraphs (a)(2) and (b) of this AD in Register in the future, it would take Applicability: Model 737–100, –200, accordance with Revisions ‘A,’ ‘B,’ or ‘C’ approximately 4 work hours per –200C, –300, –400, and –500 series airplanes; of the service letter prior to the effective airplane to accomplish the one-time line numbers 1 through 2939 inclusive; date of this AD. inspection, at an average labor rate of certificated in any category.
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Note 1: This AD applies to each airplane New Requirements of This AD (f) This amendment becomes effective on identified in the preceding applicability October 25, 2000. Replacement provision, regardless of whether it has been (b) Within 12 months or 4,000 flight cycles Issued in Renton, Washington, on modified, altered, or repaired in the area September 12, 2000. subject to the requirements of this AD. For after the effective date of this AD, whichever occurs first: Replace all existing bolts and Donald L. Riggin, airplanes that have been modified, altered, or attachment nuts at the forward and aft end Acting Manager, Transport Airplane repaired so that the performance of the attachment of each elevator tab push rod Directorate, Aircraft Certification Service. requirements of this AD is affected, the with new bolts and self-locking castellated [FR Doc. 00–23856 Filed 9–19–00; 8:45 am] owner/operator must request approval for an nuts that have cotter pins installed as a alternative method of compliance in secondary locking feature, in accordance BILLING CODE 4910±13±P accordance with paragraph (c)(1) of this AD. with Boeing Service Letter 737–SL–27–118– The request should include an assessment of D, dated December 17, 1999. DEPARTMENT OF TRANSPORTATION the effect of the modification, alteration, or Note 3: Replacements accomplished prior repair on the unsafe condition addressed by to the effective date of this AD in accordance Federal Aviation Administration this AD; and, if the unsafe condition has not with Boeing Service Letter 737–SL–27–118– been eliminated, the request should include A, dated November 14, 1997; 737–SL–27– specific proposed actions to address it. 118–B, dated April 14, 1999; or 737–SL–27– 14 CFR Part 39 Compliance: Required as indicated, unless 118–C, dated May 19, 1999; are considered [Docket No. 2000±NM±43±AD; Amendment acceptable for compliance with paragraphs accomplished previously. 39±11907; AD 2000±19±06] (a)(2) and (b) of this AD. To prevent detachment of an elevator tab RIN 2120±AA64 push rod due to a detached nut at either end Alternative Methods of Compliance attachment of a push rod, which could result (c)(1) An alternative method of compliance Airworthiness Directives; Airbus Model in excessive high-frequency airframe or adjustment of the compliance time that A330 and A340 Series Airplanes vibration during flight; consequent structural provides an acceptable level of safety may be damage to the elevator tab, elevator, and used if approved by the Manager, Seattle AGENCY: Federal Aviation horizontal stabilizer; and reduced Aircraft Certification Office (ACO), FAA. Administration, DOT. controllability of the airplane; accomplish Operators shall submit their requests through ACTION: Final rule; request for the following: an appropriate FAA Principal Maintenance comments. Inspector, who may add comments and then Restatement of Requirements of AD 99–05– send it to the Manager, Seattle ACO. SUMMARY: This amendment adopts a 15 (2) Alternative methods of compliance, new airworthiness directive (AD), One-Time Inspection approved previously in accordance with AD applicable to certain Airbus Model 99–05–15, amendment 39–11063, are (a) Within 90 days after March 23, 1999 considered to be approved as alternative A330 and A340 series airplanes. This (the effective date of AD 99–05–15, methods of compliance with paragraph (a) of action requires modifying the bottom amendment 39–11063): Perform a one-time this AD only. skin panel 3 (located aft of the rear inspection of all attachment nuts at each end Note 4: Information concerning the spar). This action is necessary to of each elevator tab push rod to measure the existence of approved alternative methods of prevent corrosion and consequent run-on torque values of the nuts, in compliance with this AD, if any, may be reduced structural integrity of the wings accordance with Boeing Alert Service obtained from the Seattle ACO. due to lack of cold expansion of an Bulletin 737–27A1205, dated August 28, existing drain hole, which could lead to Special Flight Permits 1997. cracks initiating from that drain hole; (d) Special flight permits may be issued in Corrective Actions and the incorrect location of the drain accordance with sections 21.197 and 21.199 hole, which can allow moisture to be (1) If the run-on torque value of any end of the Federal Aviation Regulations (14 CFR attachment nut is within the limits specified 21.197 and 21.199) to operate the airplane to trapped. This action is intended to in the alert service bulletin, prior to further a location where the requirements of this AD address the identified unsafe condition. flight, ensure that the final seating torque of can be accomplished. DATES: Effective October 5, 2000. the attachment nuts is within the torque Incorporation by Reference The incorporation by reference of values specified in the alert service bulletin. certain publications listed in the (e) The actions shall be done in accordance (2) If the run-on torque value of any end regulations is approved by the Director with Boeing Alert Service Bulletin 737– attachment nut is outside the limits specified 27A1205, dated August 28, 1997, and Boeing of the Federal Register as of October 5, in the alert service bulletin, prior to further Service Letter 737–SL–27–118–D, dated 2000. flight, replace all existing bolts and December 17, 1999. Comments for inclusion in the Rules attachment nuts at each end of each elevator (1) The incorporation by reference of Docket must be received on or before tab push rod with new bolts and self-locking Boeing Service Letter 737–SL–27–118–D, October 20, 2000. castellated nuts that have cotter pins dated December 17, 1999, is approved by the ADDRESSES: Submit comments in installed as a secondary locking feature, in Director of the Federal Register in accordance triplicate to the Federal Aviation accordance with Boeing Service Letter 737– with 5 U.S.C. 552(a) and 1 CFR part 51. SL–27–118–D, dated December 17, 1999, and (2) The incorporation by reference of Administration (FAA), Transport ensure that the final seating torque of the Boeing Alert Service Bulletin 737–27A1205, Airplane Directorate, ANM–114, nuts is within the torque values specified in dated August 28, 1997, was approved Attention: Rules Docket No. 2000–NM– the service letter. previously by the Director of the Federal 43–AD, 1601 Lind Avenue, SW., Register as of March 23, 1999 (64 FR 10935, Note 2: Accomplishment of the inspection Renton, Washington 98055–4056. March 8, 1999). Comments may be inspected at this and ensuring adequate final seating torque (3) Copies may be obtained from Boeing values prior to the effective date of this AD location between 9:00 a.m. and 3:00 Commercial Airplane Group, P.O. Box 3707, p.m., Monday through Friday, except in accordance with Boeing All-Base Telex M– Seattle, Washington 98124–2207. Copies may 7272–97–0897, dated February 13, 1997, are be inspected at the FAA, Transport Airplane Federal holidays. Comments may be considered acceptable for compliance with Directorate, 1601 Lind Avenue, SW., Renton, submitted via fax to (425) 227–1232. the actions specified in paragraphs (a) and Washington; or at the Office of the Federal Comments may also be sent via the (a)(1) of this AD for only the forward Register, 800 North Capitol Street, NW., suite Internet using the following address: 9- attachment nuts. 700, Washington, DC. [email protected]. Comments
VerDate 112000 15:32 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM pfrm08 PsN: 20SER1 56786 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations sent via fax or the Internet must contain Accomplishment of the actions action are on the U.S. Register. All ‘‘Docket No. 2000–NM–43–AD’’ in the specified in the service bulletins is Model A340 series airplanes included in subject line and need not be submitted intended to adequately address the the applicability of this rule currently in triplicate. Comments sent via the identified unsafe condition. The DGAC are operated by non-U.S. operators Internet as attached electronic files must classified these service bulletins as under foreign registry; therefore, they be formatted in Microsoft Word 97 for mandatory and issued French are not directly affected by this AD Windows or ASCII text. airworthiness directives 2000–158– action. However, the FAA considers that The service information referenced in 119(B) and 2000–157–145(B), both this rule is necessary to ensure that the this AD may be obtained from Airbus dated April 5, 2000, in order to assure unsafe condition is addressed in the Industrie, 1 Rond Point Maurice the continued airworthiness of these event that any of these subject airplanes Bellonte, 31707 Blagnac Cedex, France. airplanes in France. are imported and placed on the U.S. This information may be examined at Register in the future. FAA’s Conclusions the FAA, Transport Airplane Should an affected airplane be Directorate, 1601 Lind Avenue, SW., These airplane models are imported and placed on the U.S. Renton, Washington; or at the Office of manufactured in France and are type Register in the future, it would require the Federal Register, 800 North Capitol certificated for operation in the United approximately 5 work hours to Street, NW., suite 700, Washington, DC. States under the provisions of section accomplish the required actions, at an FOR FURTHER INFORMATION CONTACT: 21.29 of the Federal Aviation average labor rate of $60 per work hour. Norman B. Martenson, Manager, Regulations (14 CFR 21.29) and the Based on these figures, the cost impact International Branch, ANM–116, FAA, applicable bilateral airworthiness of this AD would be $300 per airplane. agreement. Pursuant to this bilateral Transport Airplane Directorate, 1601 Determination of Rule’s Effective Date Lind Avenue, SW., Renton, Washington airworthiness agreement, the DGAC has 98055–4056; telephone (425) 227–2110; kept the FAA informed of the situation Since this AD action does not affect fax (425) 227–1149. described above. The FAA has any airplane that is currently on the examined the findings of the DGAC, U.S. register, it has no adverse economic SUPPLEMENTARY INFORMATION: The ´ ´ reviewed all available information, and impact and imposes no additional Direction Generale de l’Aviation Civile determined that AD action is necessary burden on any person. Therefore, prior (DGAC), which is the airworthiness for products of this type design that are notice and public procedures hereon are authority for France, notified the FAA certificated for operation in the United unnecessary and the amendment may be that an unsafe condition may exist on States. made effective in less than 30 days after certain Airbus Model A330 and A340 publication in the Federal Register. series airplanes. The DGAC advises that Explanation of Requirements of the cold expansion of the existing drain Rule Comments Invited hole in bottom skin panel 3 (located aft Since an unsafe condition has been Although this action is in the form of of the rear spar) was not performed identified that is likely to exist or a final rule and was not preceded by during manufacture of the airplane. develop on other airplanes of the same notice and opportunity for public Such lack of cold expansion could lead type design registered in the United comment, comments are invited on this to cracks initiating from the drain hole. States, this AD is being issued to rule. Interested persons are invited to In addition, in-service experience has prevent corrosion and consequent comment on this rule by submitting shown that the location of this drain reduced structural integrity of the wings such written data, views, or arguments hole traps moisture which results in due to lack of cold expansion of an as they may desire. Communications corrosion. These conditions, if not existing drain hole, which could lead to shall identify the Rules Docket number corrected, could result in corrosion and cracks initiating from that drain hole; and be submitted in triplicate to the consequent reduced structural integrity and the incorrect location of the drain address specified under the caption of the wings. hole, which can allow moisture to be ADDRESSES. All communications Explanation of Relevant Service trapped. This AD requires received on or before the closing date Information accomplishment of the actions specified for comments will be considered, and in the service bulletins described this rule may be amended in light of the Airbus has issued Service Bulletins previously, except as discussed below. comments received. Factual information A330–57–3060 (for Model A330 series that supports the commenter’s ideas and Difference Between Service Bulletins airplanes) and A340–57–4068 (for suggestions is extremely helpful in and This AD Model A340 series airplanes), both evaluating the effectiveness of the AD Revision 01, both dated December 6, Operators should note that, although action and determining whether 1999. These service bulletins describe the service bulletins specify that the additional rulemaking action would be procedures for modifying the bottom manufacturer may be contacted for needed. skin panel 3 (located aft of the rear spar) disposition of certain repair conditions, Submit comments using the following on the left and right wings. The this AD requires the repair of those format: modification involves cold expanding conditions to be accomplished in • Organize comments issue-by-issue. the existing drain hole [including accordance with a method approved by For example, discuss a request to performing a high frequency eddy the FAA. change the compliance time and a current (HFEC) rototest inspection of the request to change the service bulletin Cost Impact drain hole for cracks, cold expanding reference as two separate issues. the drain hole, and drilling and reaming Three of the Model A330 series • For each issue, state what specific the drain hole to a specific diameter]. airplanes affected by this action are on change to the AD is being requested. The modification also entails adding the U.S. Register; however, the FAA has • Include justification (e.g., reasons or another drain hole, if necessary been advised that the actions required data) for each request. (including drilling and reaming the new by this AD have been accomplished on Comments are specifically invited on drain hole to a specific diameter, and those airplanes. None of the Model the overall regulatory, economic, cold expanding the drain hole). A340 series airplanes affected by this environmental, and energy aspects of
VerDate 112000 15:32 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM pfrm08 PsN: 20SER1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations 56787 the rule that might suggest a need to § 39.13 [Amended] (4) For Model A340–213 and –313 series modify the rule. All comments 2. Section 39.13 is amended by airplanes on which Airbus Modification submitted will be available, both before 41300 has been accomplished prior to the adding the following new airworthiness effective date of this AD: Prior to the and after the closing date for comments, directive: in the Rules Docket for examination by accumulation of 8,100 total landings or 2000–19–06 Airbus Industrie: Amendment 36,000 total flight hours, whichever occurs interested persons. A report that 39–11907. Docket 2000–NM–43–AD. first. summarizes each FAA-public contact Applicability: Model A330–202, –223, Certain Repairs concerned with the substance of this AD –301, –321, and –322 series airplanes having will be filed in the Rules Docket. manufacturer’s serial numbers (MSN) 0012 (b) If any damage is found during Commenters wishing the FAA to through 0244 inclusive; and Model A340– accomplishment of the modification required acknowledge receipt of their comments 211, –212, –213, –311, –312, and –313 series by paragraph (a) of this AD, and the applicable service bulletin specifies to submitted in response to this rule must airplanes having MSN’s 0002 through 0245 inclusive; certificated in any category. contact Airbus for appropriate action: Prior to submit a self-addressed, stamped further flight, repair in accordance with a postcard on which the following Note 1: This AD applies to each airplane identified in the preceding applicability method approved by the Manager, statement is made: ‘‘Comments to provision, regardless of whether it has been International Branch, ANM–116, FAA, Docket Number 2000–NM–43–AD.’’ The modified, altered, or repaired in the area Transport Airplane Directorate. For a repair postcard will be date stamped and subject to the requirements of this AD. For method to be approved by the Manager, returned to the commenter. airplanes that have been modified, altered, or International Branch, ANM–116, as required repaired so that the performance of the by this paragraph, the Manager’s approval Regulatory Impact requirements of this AD is affected, the letter must specifically reference this AD. owner/operator must request approval for an Alternative Methods of Compliance The regulations adopted herein will alternative method of compliance in not have a substantial direct effect on accordance with paragraph (c) of this AD. (c) An alternative method of compliance or the States, on the relationship between The request should include an assessment of adjustment of the compliance time that the national Government and the States, the effect of the modification, alteration, or provides an acceptable level of safety may be or on the distribution of power and repair on the unsafe condition addressed by used if approved by the Manager, responsibilities among the various this AD; and, if the unsafe condition has not International Branch, ANM–116, FAA. levels of government. Therefore, it is been eliminated, the request should include Operators shall submit their requests through determined that this final rule does not specific proposed actions to address it. an appropriate FAA Principal Maintenance Compliance: Required as indicated, unless Inspector, who may add comments and then have federalism implications under send it to the Manager, International Branch, Executive Order 13132. accomplished previously. To prevent corrosion and consequent ANM–116. For the reasons discussed above, I reduced structural integrity of the wings due Note 2: Information concerning the certify that this action (1) Is not a to lack of cold expansion of an existing drain existence of approved alternative methods of ‘‘significant regulatory action’’ under hole, which could lead to cracks initiating compliance with this AD, if any, may be Executive Order 12866; (2) is not a from that drain hole; and the incorrect obtained from the International Branch, ‘‘significant rule’’ under DOT location of the drain hole, which can allow ANM–116. Regulatory Policies and Procedures (44 moisture to be trapped; accomplish the following: Special Flight Permits FR 11034, February 26, 1979); and (3) will not have a significant economic Modification (d) Special flight permits may be issued in accordance with sections 21.197 and 21.199 impact, positive or negative, on a (a) Modify the bottom skin panel 3, located of the Federal Aviation Regulations (14 CFR substantial number of small entities aft of the rear spar on the left and right wings, 21.197 and 21.199) to operate the airplane to by cold expanding the existing drain hole under the criteria of the Regulatory a location where the requirements of this AD [including performing a high frequency eddy Flexibility Act. A final evaluation has can be accomplished. been prepared for this action and it is current (HFEC) rototest inspection of the hole for cracks, cold expanding the hole, and Incorporation by Reference contained in the Rules Docket. A copy drilling and reaming the hole to a specific (e) Except as provided by paragraph (b) of of it may be obtained from the Rules diameter], and by adding another drain hole, Docket at the location provided under this AD, the actions shall be done in as necessary (including drilling and reaming accordance with Airbus Service Bulletin ADDRESSES the caption . the new hole to a specific diameter, and cold A330–57–3060, Revision 01, dated December expanding the hole). Accomplish the actions List of Subjects in 14 CFR Part 39 6, 1999; or Airbus Service Bulletin A340–57– in accordance with Airbus Service Bulletin 4068, Revision 01, dated December 6, 1999; A330–57–3060 (for Model A330 series as applicable. This incorporation by Air transportation, Aircraft, Aviation airplanes) or A340–57–4068 (for Model A340 reference was approved by the Director of the safety, Incorporation by reference, series airplanes), both Revision 01, both Federal Register in accordance with 5 U.S.C. Safety. dated December 6, 1999; as applicable; at the 552(a) and 1 CFR part 51. Copies may be time specified in paragraph (a)(1), (a)(2), Adoption of the Amendment obtained from Airbus Industrie, 1 Rond Point (a)(3), or (a)(4) of this AD, as applicable. Maurice Bellonte, 31707 Blagnac Cedex, (1) For Model A330–202 and –223 series Accordingly, pursuant to the France. Copies may be inspected at the FAA, airplanes: Prior to the accumulation of 9,600 authority delegated to me by the Transport Airplane Directorate, 1601 Lind total landings or 32,600 total flight hours, Avenue, SW., Renton, Washington; or at the Administrator, the Federal Aviation whichever occurs first. Administration amends part 39 of the (2) For Model A330–301, –321, and –322 Office of the Federal Register, 800 North Federal Aviation Regulations (14 CFR series airplanes: Prior to the accumulation of Capitol Street, NW., suite 700, Washington, part 39) as follows: 15,000 total landings or 51,000 total flight DC. hours, whichever occurs first. Note 3: The subject of this AD is addressed PART 39ÐAIRWORTHINESS (3) For Model A340–211, –212, –213, –311, in French airworthiness directives 2000– DIRECTIVES –312, and –313 series airplanes on which 158–119(B) and 2000–157–145(B), both dated Airbus Modification 41300 has NOT been April 5, 2000. 1. The authority citation for part 39 accomplished prior to the effective date of this AD: Prior to the accumulation of 10,800 Effective Date continues to read as follows: total landings or 48,000 total flight hours, (f) This amendment becomes effective on Authority: 49 U.S.C. 106(g), 40113, 44701. whichever occurs first. October 5, 2000.
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Issued in Renton, Washington, on Interested parties were invited to Patrick AFB September 13, 2000. participate in this rulemaking (Lat. 28°14′22″ N, long. 80°36′27″ W) Donald L. Riggin, proceeding by submitting written That airspace extending upward from the Acting Manager, Transport Airplane comments on the proposal to the FAA. surface, to and including 1,900 feet MSL Directorate, Aircraft Certification Service. No comments objecting to the proposal within a 4.3-mile radius of the Melbourne [FR Doc. 00–23999 Filed 9–19–00; 8:45 am] were received. International Airport, excluding the portion north of a line connecting the 2 points of BILLING CODE 4910±13±P The Rule intersection with a 5.3-mile radius circle centered on Patrick AFB. This Class D This amendment to Part 71 of the airspace area is effective during the specific DEPARTMENT OF TRANSPORTATION Federal Aviation Regulations (14 CFR dates and times established in advance by a part 71) amends Class D airspace at Notice to Airmen. The effective dates and Federal Aviation Administration Melbourne, FL. times will thereafter be continuously The FAA has determined that this published in the Airport/Facility Directory. 14 CFR Part 71 regulation only involves an established * * * * * body of technical regulations for which [Airspace Docket No. 00±ASO±26] Issued in College Park, Georgia, on frequent and routine amendments are September 7, 2000. necessary to keep them operationally Amendment to Class D Airspace, Marvin A. Burnette, Melbourne, FL current. It, therefore, (1) Is not a ‘‘significant regulatory action’’ under Acting Manager, Air Traffic Division, Southern Region. AGENCY: Federal Aviation Executive Order 12866; (2) is not a Administration (FAA), DOT. ‘‘significant rule’’ under DOT [FR Doc. 00–24144 Filed 9–19–00; 8:45 am] BILLING CODE 4910±13±M ACTION: Final rule. Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) SUMMARY: This action amends Class D does not warrant preparation of a airspace at Melbourne International regulatory evaluation as the anticipated DEPARTMENT OF THE TREASURY Airport, FL, by lowering the airspace impact is so minimal. Since this is a ceiling from 2,500 feet above ground routine matter that will only affect air Customs Service level (AGL) to 1,900 feet AGL. Due to traffic procedures and air navigation, it the high number of overflying aircraft, is certified that this rule will not have 19 CFR Parts 4 and 178 in the interest of safety the airspace a significant economic impact on a above 1,900 AGL has been delegated by substantial number of small entities [T.D. 00±61] the Melbourne Air Traffic Control under the criteria of the Regulatory Tower, which provides Visual Flight Flexibility Act. Rules (VFR) service to aircraft operating RIN 1515±AC35 in the vicinity of the Melbourne List of Subjects in 14 CFR Part 71 Vessel Equipment Temporarily Landed International Airport, to the Daytona Airspace, Incorporation by reference, for Repair Beach Radar Approach Control Facility, Navigation (air). which provides Instrument Flight Rules Adoption of the Amendment AGENCY: Customs Service, Department (IFR) air traffic control service to the of the Treasury. Melbourne International Airport. This In consideration of the foregoing, the ACTION: Final rule. action also changes the name of the Federal Aviation Administration airport in the legal description from amends 14 CFR Part 71 as follows: SUMMARY: This document amends the Melbourne Regional to Melbourne Customs Regulations to provide for the International Airport. PART 71ÐDESIGNATION OF CLASS A, temporary landing in the United States CLASS B, CLASS C, CLASS D AND EFFECTIVE DATE: 0901 UTC, November of vessel equipment in need of repair, 30, 2000. CLASS E AIRSPACE AREAS; without requiring entry of that AIRWAYS; ROUTES; AND REPORTING equipment under a Temporary FOR FURTHER INFORMATION CONTACT: POINTS Nancy B. Shelton, Manager, Airspace Importation Bond (TIB). Instead, such Branch, Air Traffic Division, Federal 1. The authority citation for 14 CFR equipment may be landed from a vessel Aviation Administration, P.O. Box Part 71 continues to read as follows: for repair and then reladen aboard the 20636, Atlanta, Georgia 30320; same vessel, subject to Customs Authority: 49 U.S.C. 106(g); 40103, 40113, issuance of a special permit or license telephone (404) 305–5586. 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– for the landed equipment, under an SUPPLEMENTARY INFORMATION: 1963 Comp., p. 389; 14 CFR 11.69. International Carrier Bond. Uncertainty History § 71.1 [Amended] had existed as to whether the relading On July 14, 2000, the FAA proposed 2. The incorporation by reference in of repaired equipment on vessels to amend part 71 of the Federal Aviation 14 CFR 71.1 of Federal Aviation departing the United States would Regulations (14 CFR part 71) by Administration Order 7400.9G, Airspace satisfy the TIB requirement that such amending Class D airspace at Designations and Reporting Points, merchandise be exported. The Melbourne, FL (65 FR 43722). Class D dated September 1, 1999, and effective amendment eliminates this uncertainty airspace designations are published in September 16, 1999, is amended as while still allowing Customs adequate Paragraph 5000 of FAA Order 7400.9G, follows: control over vessel equipment that is landed for repair and thereafter reladen dated September 1, 1999, and effective Paragraph 5000 Class D Airspace. September 16, 1999, which is aboard the same vessel. * * * * * incorporated by reference in 14 CFR EFFECTIVE DATE: October 20, 2000. 71.1. The Class D airspace designation ASO FL D Melbourne, FL [Revised] FOR FURTHER INFORMATION CONTACT: listed in this document will be Melbourne International Airport, FL Larry L. Burton, Office of Regulations published subsequently in the Order. (Lat. 28°06′10″ N, long. 80°38′45″ W) and Rulings, 202–927–1287.
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SUPPLEMENTARY INFORMATION: TIB bond liability may not be repair. The CF 3171 is executed for a adequately terminated. specific named vessel and does not Background Section 4.30 of the Customs extend to all vessels of the same line Section 446, Tariff Act of 1930, as Regulations (19 CFR 4.30) provides that which may wish to lade or unlade amended (19 U.S.C. 1446), provides that in all cases relevant to the present equipment in a particular port of entry. vessels arriving in the United States circumstances, no cargo, baggage, or As such, Customs believes that it can from foreign ports may retain vessel other articles may be unladed from or best exercise control over the relading of equipment and other named items laded upon any vessel arriving directly repaired equipment by requiring that it aboard without the payment of duty. or indirectly from a foreign port or be placed on the same vessel which The statute also provides, however, that place, unless the Customs port director landed it for repair in the United States. any of the named items which are issues a permit allowing the activity Adoption of Proposal landed and delivered from such a vessel (Customs Form (CF) 3171). This would are considered and treated as imported provide adequate control by Customs In view of the foregoing, and merchandise. over equipment unladings and ladings following careful consideration of the The cited statute is implemented by in terms of advance notice and actual comment received and further review of § 4.39 of the Customs Regulations (19 knowledge. the matter, Customs has concluded that CFR 4.39), paragraph (b) of which Further, operators of vessels, or vessel the proposed amendment published in provides that any articles other than agents acting in their stead, either have the Federal Register (64 FR 13370) on cargo or baggage that are landed for in place or can be required by local March 18, 1999, should be adopted as delivery for consumption in this Customs officials to obtain International a final rule without change. country are treated the same as any Carrier Bonds as reproduced in § 113.64, Customs Regulations (19 CFR 113.64). Regulatory Flexibility Act and other imported article. Articles Executive Order 12866 imported for consumption into the Paragraph (b) of that bond provision United States are subject to merchandise (§ 113.64(b)) obligates the bond for Because this final rule merely entry and the payment of applicable matters relating to the unlading, provides a different method to allow duty. safekeeping, and disposition of vessel equipment to be temporarily merchandise, supplies, crew purchases, It is Customs view that when landed for repair without the payment and other articles to be found on a necessary equipment is unladed from a of duty, it is certified pursuant to the vessel. This would provide adequate vessel only temporarily for the purpose Regulatory Flexibility Act (5 U.S.C. 601 protection of the revenue in terms of of being repaired and then reladen et seq.) that the rule will not have a any potential introduction of aboard the vessel, it is not being significant economic impact on a temporarily landed vessel equipment delivered for consumption into the substantial number of small entities. into the commerce of the United States. commerce of the United States. It is also Accordingly, it is not subject to the Accordingly, by a document regulatory analysis or other clear, however, that when anything is published in the Federal Register (64 landed in the United States, Customs requirements of 5 U.S.C. 603 and 604. FR 13370) on March 18, 1999, Customs Nor does the document meet the criteria has the duty and responsibility to proposed to add a new paragraph (g) to exercise sufficient control and to protect for a ‘‘significant regulatory action’’ as § 4.39 of the Customs Regulations (19 specified in Executive Order 12866. the revenue from any unlawful CFR 4.39(g)) to provide that equipment introduction of merchandise into the of a vessel arriving either directly or Paperwork Reduction Act commerce of the country. indirectly from a foreign port or place, The collections of information There has been a lack of uniformity in if in need of repair, could be landed contained in this final rule document the treatment that Customs has accorded temporarily in order to be repaired. have previously been reviewed and vessel equipment temporarily landed for Unlading and relading would be in approved by the Office of Management repair and relading. Some ports have accord with the permit provisions of and Budget (OMB) in accordance with employed Temporary Importation Bond § 4.30, and the appropriate International the Paperwork Reduction Act of 1995 (TIB) procedures in seeking to provide Carrier Bond would be obligated as (44 U.S.C. 3507) and assigned OMB the necessary mechanisms for Customs provided under § 113.64(b). control numbers 1515–0013 control and the protection of the (Application-Permit-Special License, Discussion of Comment revenue, but a problem has existed with Unlading-Lading, Overtime Services the use of a TIB for this purpose. While Counsel on behalf of a vessel (Customs Form 3171)) and 1515–0144 a TIB would adequately protect the operating company submitted the only (Customs Bond Structure (Customs revenue during the period when vessel comment in response to the notice of Form 301 and Customs Form 5297)). equipment was in the United States, the proposed rulemaking. The commenter The document restates the collections of bond provisions could only be satisfied supported the proposal, stating that information without substantive change. and potential liability extinguished vessel operators would be relieved of An agency may not conduct or sponsor, when the covered equipment was needless and burdensome procedures by and a person is not required to respond exported from the United States. its implementation. However, the to, a collection of information unless the Exportation is defined in § 101.1 of commenter suggested that the proposed collection of information displays a the Customs Regulations (19 CFR 101.1), rule be changed to allow repaired valid control number. which provides that something is equipment to be reladen aboard any Part 178, Customs Regulations (19 exported when it is separated from the vessel operated by the same company CFR part 178), is amended to make goods of this country with the intent that landed the equipment for repair. provision for these existing information that it be made a part of the goods Customs has determined that the collection approvals. belonging to some foreign country. suggested change should not be Customs does not believe that relading adopted. As previously noted, Customs Drafting Information vessel equipment which is intended to Form (CF) 3171 is the document by The principal author of this document remain aboard that vessel meets the which Customs would track and control was Larry L. Burton, Office of definition of exportation. Accordingly, the movement of equipment landed for Regulations and Rulings, U.S. Customs
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Service. However, personnel from other Authority: 5 U.S.C. 301; 19 U.S.C. 66, repairs (see § 113.64(b) of this chapter), offices participated in its development. 1431, 1433, 1434, 1624; 46 U.S.C. App. 3, 91; and so resort to the procedures * * * * * established for the temporary List of Subjects Section 4.39 also issued under 19 U.S.C. importation of merchandise under bond 19 CFR Part 4 1446; is unnecessary. Once equipment which * * * * * has been unladen under the terms of a Customs duties and inspection, Entry, 2. Section 4.39 is amended by adding CF 3171 has been reladen on the same Inspection, Merchandise, Reporting and a new paragraph (g) to read as follows: vessel, potential liability for that recordkeeping requirements, Vessels. § 4.39 Stores and equipment of vessels transaction existing under the bond will 19 CFR Part 178 and crews' effects; unlading or lading and be extinguished. retention on board. Collections of information, Reporting PART 178ÐAPPROVAL OF and recordkeeping requirements. * * * * * INFORMATION COLLECTION (g) Equipment of a vessel arriving REQUIREMENTS Amendments to the Regulations either directly or indirectly from a foreign port or place, if in need of Parts 4 and 178, Customs Regulations repairs in the United States, may be 1. The authority citation for part 178 (19 CFR parts 4 and 178), are amended unladen from and reladen upon the continues to read as follows: as set forth below. same vessel under the procedures set Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 PART 4ÐVESSELS IN FOREIGN AND forth in § 4.30 relating to the granting of U.S.C. 3501 et seq. DOMESTIC TRADES permits and special licenses on Customs 2. Section 178.2 is amended by Form 3171 (CF 3171). Adequate adding new listings in the table in 1. The general authority citation for protection of the revenue is insured appropriate numerical order to read as part 4 as well as the specific authority under the appropriate International follows: citation for § 4.39 continue to read as Carrier Bond during the period that follows: equipment is temporarily landed for § 178.2 Listing of OMB control numbers.
19 CFR section Description OMB control No.
******* §§ 4.10, 4.16, 4.30, 4.37, 4.39, 4.91, Application-Permit-Special License, Unlading-Lading, Overtime Services (Cus- 1515±0013 10.60, 24.16, 122.29, 122.38, 123.8, toms Form 3171). 146.32, 146.34. ******* Part 113 ...... Customs Bond Structure (Customs Form 301 and Customs Form 5297) ...... 1515±0144 *******
Approved: June 18, 2000. changes are designed to avoid a conflict other identification number from the Raymond W. Kelly, with Federal Reserve System regulations collection voucher. Commissioner of Customs. that govern the endorsement of checks Requirements applicable to banks John P. Simpson, by banks. endorsing checks are set forth under Deputy Assistant Secretary of the Treasury. EFFECTIVE DATE: October 20, 2000. regulations of the Federal Reserve System (12 CFR 229.35) Appendix D to [FR Doc. 00–24098 Filed 9–19–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: Part 229 of the Federal Reserve System BILLING CODE 4820±02±P Gregory L. Pence, Branch Chief, regulations (Title 12, Chapter II)(entitled Financial Policy Branch, Office of ‘‘Indorsement Standards’’) pertains to Finance ((202) 927–9183). DEPARTMENT OF THE TREASURY the endorsements of depositary, SUPPLEMENTARY INFORMATION: collecting, and returning banks. It sets Customs Service Background forth the specific information that must or may be provided and requires that 19 CFR Part 24 Under § 24.1 of the Customs such information must be recorded on Regulations (19 CFR 24.1), procedures the reverse side of checks. The [T.D. 00±62] for the collection of Customs duties, Appendix also provides that the taxes, charges, and fees are set forth. readability, identifiability, and legibility RIN 1515±AC48 Under § 24.1(b), applicable to of the depositary bank’s endorsement Endorsement of Checks Deposited by noncommercial importations at piers, must be protected. It cautions the Customs terminals, bridges, airports, and other depositary bank not to interfere with the similar places, Customs employees readability of the endorsement, and it AGENCY: U.S. Customs Service, authorized to collect payments may carefully sets forth specific Department of the Treasury. accept a personal check and must requirements for collecting and ACTION: Final rule. ensure that certain information is returning banks to follow for the recorded on the check. Under purpose of protecting that endorsement. SUMMARY: This document amends the § 24.1(b)(1), with respect to personal The requirement under the Customs Customs Regulations to reflect changes checks received under § 24.1(b) and Regulations that Customs employees concerning information that authorized certain other checks and money orders must place information on the reverse Customs employees are required to received under § 24.1(a), Customs side of monetary instruments conflicts place on instruments (such as checks) employees must show, on the reverse with the purpose and intent of the tendered for payment of duties, taxes, side of the check or money order, their requirements of 12 CFR 229.35 and and other fees and charges. These name, badge number, and the serial or App. D of Part 229 of Title 12 CFR
VerDate 112000 15:32 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM pfrm08 PsN: 20SER1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations 56791 regarding the protection of bank Schedule of the United States), 1505, 1624; Records System—Treasury/IRS 34.037,’’ endorsements. For this reason, Customs 26 U.S.C. 4461, 4462; 31 U.S.C. 9701. from certain provisions of the Privacy issued a Notice of Proposed Section 24.1 also issued under 19 Act. The exemption is intended to Rulemaking, published in the Federal U.S.C. 197, 198, 1648; comply with the legal prohibitions Register (64 FR 62619) on November 17, * * * * * against the disclosure of certain kinds of 1999, proposing that required 2. In § 24.1, the second and third information and to protect certain information be placed on the face side sentences of introductory paragraph (b) information, about individuals, of monetary instruments accepted for and all of paragraph (b)(1) are revised to maintained in this system of records. Customs payments. The notice read as follows: EFFECTIVE DATE: September 20, 2000. requested comments on the proposed FOR FURTHER INFORMATION CONTACT: amendments. No comments were § 24.1 Collection of Customs duties, taxes, David Silverman, Tax Law Specialist, received. After further consideration of and other charges. 6103/Privacy Operations, Governmental this matter, Customs has determined to * * * * * Liaison and Disclosure, Internal adopt the proposed changes as a final (b) * * * Where the amount of the Revenue Service, at 202–622–6200. rule. This document amends §§ 24.1(b) check is over $25, the Customs cashier SUPPLEMENTARY INFORMATION: The and 24.1(b)(1) of the Customs or other employee authorized to receive Department of the Treasury published a Regulations, accordingly. Customs collections will ensure that the notice of a proposed rule exempting a payor’s name, home and business Executive Order 12866 system of records from certain telephone number (including area code), provisions of the Privacy Act of 1974, as This document does not meet the and date of birth are recorded on the amended, on November 17, 1999, at 64 criteria for a ‘‘significant regulatory face (front) side of the monetary FR 62620–62622. The Internal Revenue action’’ as specified in Executive Order instrument. In addition, one of the Service (IRS) published the system 12866. following will be recorded on the face notice in its entirety on November 19, Regulatory Flexibility Act side of the instrument: preferably, the 1999, at 63 FR 63108. Under 5 U.S.C. payor’s social security number or, Pursuant to the provisions of the 552a(k)(2), the head of an agency may alternatively, a current passport number promulgate rules to exempt any system Regulatory Flexibility Act (5 U.S.C. 601 or current driver’s license number et seq.), it is certified that the of records within the agency from (including issuing state). * * * certain provisions of the Privacy Act of amendments to the Customs Regulations (1) Where the amount is less than set forth in this document will not have 1974, as amended, if the system is $100 and the identification investigatory material compiled for law a significant economic impact on a requirements of paragraph (a)(4) of this substantial number of small entities. enforcement purposes. The IRS Audit section have been met, the Customs Trail and Security Records System— These amendments regarding the employee accepting the check or money endorsement of checks and other Treasury/IRS 34.037 contains order will place his name and badge investigatory material compiled for law instruments will improve the processing number on the collection voucher and of these instruments, without any enforcement purposes. place the serial number or other form of The proposed rule requested that additional burden on businesses or voucher identification on the face side public comments be sent to the individuals. Accordingly, these of the check or money order so that the Governmental Liaison and Disclosure amendments are not subject to the check or money order can be easily Office, Internal Revenue Service, 1111 regulatory analysis or other associated with the voucher. Constitution Ave., NW, Washington, DC requirements of 5 U.S.C. 603 and 604. * * * * * 20224, no later than January 22, 1999. Drafting Information Dated: Approved: July 18, 2000. The Governmental Liaison and The principal author of this document Raymond W. Kelly, Disclosure Office received comments was Bill Conrad, Office of Regulations Commissioner of Customs. addressing the issues below from one individual. As discussed below, no and Rulings, U.S. Customs Service. John P. Simpson, changes to the rule were made on the Personnel from other offices contributed Deputy Assistant Secretary of the Treasury. in its development. basis of these comments. [FR Doc. 00–24099 Filed 9–19–00; 8:45 am] First, the commenter stated that the List of Subjects in 19 CFR Part 24 BILLING CODE 4820±02±P system notice lacked specificity as to Accounting, Claims, Customs duties the users of the system because the and inspection, Fees, Financial and notice provided that ‘‘[o]utside of IRS accounting procedures, Imports, Taxes. DEPARTMENT OF THE TREASURY information systems, the office of the Treasury Inspector General for Tax Amendments to the Regulations 31 CFR Part 1 Administration is the principal user of the data contained in this system of For the reasons stated in the Internal Revenue Service; Privacy Act, records.’’ The use of the word preamble, part 24 of the Customs Implementation Regulations (19 CFR part 24) is ‘‘principal’’ would permit other amended as follows: AGENCY: Office of the Secretary, personnel to have access to this system Treasury. of records. The language in the current PART 24ÐCUSTOMS FINANCIAL AND ACTION: Final rule. rule is the same that is used for the ACCOUNTING PROCEDURE Treasury/IRS 34.020, the Audit Lead SUMMARY: In accordance with the Trail Analysis System. This is because 1. The general authority citation for requirements of the Privacy Act of 1974, it is impossible to predict that only the part 24 and the relevant specific 5 U.S.C. 552a, as amended, the information systems personnel and the authority citation continue to read as Department of the Treasury gives notice Treasury Inspector General for Tax follows: of a final rule to exempt an Internal Administration may have a need to use Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c, Revenue Service system of records this system. This system concerns 66, 1202 (General Note 20, Harmonized Tariff entitled ‘‘IRS Audit Trail and Security primarily audit logs that track access to
VerDate 112000 15:32 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM pfrm08 PsN: 20SER1 56792 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations sensitive but unclassified data for not impose new record keeping, closure is necessary to encapsulate the almost all IRS computer systems. application, reporting, or other types of entire bridge structure for painting. Although generally the people who information collection requirements. DATES: This deviation is effective from monitor such logs are information List of Subjects in 31 CFR Part 1 6 a.m. on September 25 until 6 p.m. on system administrators, there may be November 23, 2000. exceptions where personnel from Privacy. FOR FURTHER INFORMATION CONTACT: Ann another IRS function monitor the logs. Part 1 of Title 31 of the Code of B. Deaton, Bridge Administrator, Fifth The commenter also expressed Federal Regulations is amended as Coast Guard District, at (757) 398–6222. concern that government and non-law follows: SUPPLEMENTARY INFORMATION: The Coast enforcement personnel will have access 1. The authority citation for part 1 Guard received an electronic e-mail to and use of the system, and that the continues to read as follows: system should only exempt certain from the Virginia Department of records depending on whether the Authority: 5 U.S.C. 301 and 31 U.S.C. 321. Transportation July 28, 2000, requesting Subpart A also issued under 5 U.S.C. 552, as information is being used for law a temporary deviation from the current amended. Subpart C also issued under 5 operating schedule of the Gwynns enforcement purposes. All of the U.S.C. 552a. information is being used for law Island drawbridge. Presently, the draw enforcement purposes, specifically to § 1.36 [Amended] is required to open on signal at all times. This requirement is included in detect violations of applicable statutes, 2. Section 1.36 of Subpart C is the general operating regulations at 33 including 18 U.S.C. 1030(a)(2)(B) and 26 amended by adding the following text in CFR 117.5. The work to be performed on U.S.C. 6103, 7213, 7213A. Therefore, numerical order in paragraph (b)(1) the Gwynns Island Drawbridge the entire system is entitled to the law under the heading THE INTERNAL primarily consists of encapsulating the enforcement exemption. The final REVENUE SERVICE: concern expressed by the commenter entire structure with a canvas shroud, was a lack of description of the specific * * * * * sand blasting the old paint off, then records to be covered. This system is (b) * * * applying several coats of fresh paint. broad because it would be burdensome (1) * * * This work requires completely and confusing to the public to create immobilizing the operation of the swing Name of system No. multiple systems with corresponding span. In accordance with 33 CFR multiple notices for the purpose of 117.35, the District Commander printing the same description of audit *****approved VDOT’s request for a logs and security records used to IRS Audit Trail and Security temporary deviation from the governing monitor access. Records System ...... 34.037 regulations in a letter dated August 23, Accordingly, the Department of the 2000. Treasury is hereby giving notice that the *****The Coast Guard has informed the system of records entitled ‘‘IRS Audit known users of the waterway of the Trail and Security Records System— * * * * * bridge closure so that these vessels can Treasury/IRS 34.037,’’ is exempt from Dated: September 13, 2000. arrange their transits to minimize any certain provisions of the Privacy Act. W. Earl Wright, Jr., impact caused by the temporary The provisions of the Privacy Act from Chief Management and Administrative deviation. which exemption is claimed pursuant to Programs Officer. The temporary deviation allows the 5 U.S.C. 552a(k)(2) are as follows: 5 [FR Doc. 00–24167 Filed 9–19–00; 8:45 am] Gwynns Island Drawbridge across the U.S.C. 552a (c)(3), (d)(1), (d)(2), (d)(3), BILLING CODE 4830±01±P Milford Haven, mile 0.1, in Grimstead, (d)(4), (e)(1), (e)(4)(G) , (H) and (f). Virginia to remain closed from 6 a.m. on As required by Executive Order September 25, until 6 p.m. on November 12866, it has been determined that this 23, 2000. proposed rule is not a significant DEPARTMENT OF TRANSPORTATION Dated: September 11, 2000. regulatory action, and therefore, does not require a regulatory impact analysis. Coast Guard J. E. Shkor, The regulation will not have a U.S. Coast Guard, Commander, Fifth Coast substantial direct effect on the States, on 33 CFR Part 117 Guard District. the relationship between the national [FR Doc. 00–24168 Filed 9–19–00; 8:45 am] [CGD05±00±042] Government and the States, or on the BILLING CODE 4910±15±P distribution of power and Drawbridge Operation Regulations; responsibilities among the various Milford Haven, VA levels of government. Therefore, it is DEPARTMENT OF COMMERCE determined that this final rule does not AGENCY: Coast Guard, DOT. have federalism implications under ACTION: Notice of temporary deviation United States Patent and Trademark Executive Order 13132. from regulations. Office Pursuant to the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601– SUMMARY: The Commander, Fifth Coast 37 CFR Chapter I and Part 1 612, it is hereby certified that these Guard District, has approved a regulations will not significantly affect a temporary deviation from the RIN 0651±AB15 substantial number of small entities. regulations governing the operation of The proposed rule imposes no duties or the Gwynns Island Drawbridge across Simplification of Certain Requirements obligations on small entities. Milford Haven, mile 0.1, in Grimstead, in Patent Interference Practice In accordance with the provisions of Virginia. Beginning at 6 a.m. on the Paperwork Reduction Act of 1995, September 25, through 6 p.m. on September 15, 2000. the Department of the Treasury has November 23, 2000, the bridge may AGENCY: United States Patent and determined that this final rule would remain in the closed position. This Trademark Office, Commerce.
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ACTION: Interim rule with request for unnecessary, so they are being deleted. § 1.601 Scope of rules, definitions. comments. An interim rule is appropriate because * * * * * the rulemaking is not substantive and (f) A count defines the interfering SUMMARY: The United States Patent and the elimination of these requirements Trademark Office (USPTO) amends its subject matter between two or more provides relief from unnecessary applications or between one or more rules of practice in patent interferences requirements. The USPTO appreciates to simplify certain requirements relating applications and one or more patents. that other changes to the rules of When there is more than one count, to the declaration of interferences and practice in patent interferences may be the presentation of evidence. USPTO is each count shall define a separate appropriate, but this interim rule is not patentable invention. Any claim of an also revising its CFR chapter heading to an appropriate vehicle for such changes, reflect its new name. application or patent that is designated which will have to be addressed in to correspond to a count is a claim DATES: Effective Date: October 20, 2000. future rulemaking. These rule changes involved in the interference within the Comment Date: Submit comments on will apply to any interference declared meaning of 35 U.S.C. 135(a). A claim of or before October 20, 2000. after the effective date of this a patent or application that is ADDRESSES: Send all comments: rulemaking and to any interference in designated to correspond to a count and 1. Electronically to which these changes are adopted by is identical to the count is said to ‘‘[email protected],’’ order. correspond exactly to the count. A claim Subject: ‘‘Interference Simplification’’; Regulatory Flexibility Act of a patent or application that is or designated to correspond to a count but 2. By mail to Director of the United This rulemaking is procedural and is is not identical to the count is said to States Patent and Trademark Office, not subject to the requirements of 5 correspond substantially to the count. BOX INTERFERENCE, Washington, D.C. U.S.C. 553 so no initial regulatory When a count is broader in scope than 20231, ATTN: ‘‘Interference flexibility analysis is required under 5 all claims which correspond to the Simplification’’; or U.S.C. 603. count, the count is a phantom count. 3. By facsimile to 703–305–9373, Executive Order 13132: Federalism * * * * * ATTN: ‘‘Interference Simplification.’’ Assessment FOR FURTHER INFORMATION CONTACT: Fred 3. Revise § 1.606 to read as follows: McKelvey or Richard Torczon at 703– This rulemaking does not contain policies with federalism implications § 1.606 Interference between an 308–9797. application and a patent; subject matter of SUPPLEMENTARY INFORMATION: sufficient to warrant preparation of a the interference. Federalism Assessment under Executive Comment Format Order 13132 (August 4, 1999). Before an interference is declared between an application and an The USPTO prefers to receive Executive Order 12866 comments in electronic form, either via unexpired patent, an examiner must determine that there is interfering the Internet or on a 31⁄4-inch diskette. This rulemaking has been determined Comments submitted in electronic form to be not significant for purposes of subject matter claimed in the should be submitted as ASCII text. Executive Order 12866 (September 30, application and the patent which is Special characters and encryption 1993). patentable to the applicant subject to a should not be used. judgment in the interference. The Paperwork Reduction Act interfering subject matter will be Background This interim rule creates no defined by one or more counts. The The USPTO is amending 37 CFR information collection requirements application must contain, or be §§ 1.601(f) and 1.606 and is deleting 37 subject to the Paperwork Reduction Act amended to contain, at least one claim CFR § 1.609 because the requirements of 1995 (44 U.S.C. 3501 et seq.). that is patentable over the prior art and corresponds to each count. The claim in being eliminated presented obstacles to List of Subjects in 37 CFR Part 1 the efficient declaration of interferences the application need not be, and most without corresponding benefits. In Administrative practice and often will not be, identical to a claim in particular, Rules 601(f) and 606 create a procedure, Inventions and patents. the patent. All claims in the application and patent which define the same presumption about the scope of the For the reasons stated in the patentable invention as a count shall be interfering subject matter that often is preamble, the United States Patent and designated to correspond to the count. not supported by the record. The change Trademark Office amends 37 CFR eliminates that presumption. The Chapter I as follows: § 1.609 [Removed and Reserved] changes in sections 1.601(f) and 1.606, 1. The heading of Chapter I is revised as well as changes in the process of to read as follows: 4. Remove and reserve § 1.609. proposing an interference in the 5. Amend § 1.671 by revising examining corps, have made section CHAPTER IÐUNITED STATES PATENT paragraph (a) to read as follows: 1.609 unnecessary. Now an AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE administrative patent judge meets with § 1.671 Evidence must comply with rules. a representative from the technology PART 1ÐRULES OF PRACTICE IN (a) Evidence consists of affidavits, center to ensure that the record contains PATENT CASES adequate bases for declaring an transcripts of depositions, documents and things. interference. 1a. The authority citation for 37 CFR The USPTO is amending 37 CFR part 1 continues to read as follows: * * * * * § 1.671 to provide that all evidence is Authority: 35 U.S.C. 6, unless otherwise §§ 1.682, 1.683, and 1.688 [Removed and presented in the form of an exhibit. This noted. Reserved] simplifying amendment to § 1.671 makes the more complex requirements 2. Amend § 1.601 by revising 6. Remove and reserve § 1.682, 1.683, of 37 CFR §§ 1.682, 1.683, and 1.688 paragraph (f) to read as follows: and 1.688.
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Dated: September 13, 2000. I. Background—Lead SIP in the Shelby County nonattainment Q. Todd Dickinson, Section 107(d)(5) of the CAA provides area. Subsequently, the MSCHD issued Under Secretary of Commerce for Intellectual for areas to be designated as attainment, a Notice of Violation giving Refined Property and Director of the United States nonattainment, or unclassifiable with Metals, Inc. options to surrender all of Patent and Trademark Office. respect to the lead national ambient air its permits or pay a fine and conduct [FR Doc. 00–24120 Filed 9–19–00; 8:45 am] quality standard (NAAQS). Governors extensive remodeling of the facility. BILLING CODE 3510±16±P are required to submit recommended Refined Metals, Inc. chose to surrender designations for areas within their all of its permits and shutdown states. When an area is designated permanently on December 22, 1998. As nonattainment, the state must prepare a result, the 1994 submittal was no ENVIRONMENTAL PROTECTION and submit a SIP that meets the longer applicable and MSCHD withdrew AGENCY requirements of sections 110(a)(2) and and replaced it with a new submittal dated March 17, 2000. 40 CFR Part 52 172(c) of the CAA demonstrating how the area will be brought into attainment. II. Analysis of the State Submittal The EPA designated the portion of [TN±233±1±20021a; FRL±6872±2] Memphis in Shelby County, Tennessee, The lead SIP for Shelby County, around the Refined Metals Corporation Tennessee was reviewed using the Approval and Promulgation of the secondary lead smelter as a lead criteria established by the CAA in Implementation Plan for the Shelby nonattainment area on January 6, 1992. sections 110(a)(2) and 172(c). Section County, Tennessee Lead This nonattainment designation was 110(a)(2) contains general requirements Nonattainment Area based on lead NAAQS violations for all SIPs, and section 172(c) of the CAA contains specific provisions AGENCY: Environmental Protection recorded by monitors near the Refined Agency (EPA). Metals Corporation facility in 1990 and applicable to areas designated as 1991. nonattainment for any of the NAAQS. ACTION: Direct final rule. On December 1, 1994, the Memphis EPA also issued a General Preamble and Shelby County Health Department describing how we will review SIPs and SUMMARY: EPA is approving the lead (MSCHD) through the Tennessee SIP revisions submitted under Title I of state implementation plan (SIP) for the the CAA, including those state Shelby County, Tennessee, lead Department of Environment and Conservation submitted a SIP to bring submittals containing lead nonattainment area. The State of nonattainment area SIP requirements Tennessee submitted the lead SIP on the Shelby County lead nonattainment area into attainment with the lead (see generally 57 FR 13498 (April 16, March 17, 2000, pursuant to sections 1992) and 57 FR 18070 (April 28, 110(a)(2) and 172(c) of the Clean Air Act NAAQS. EPA found the December 1, 1994, SIP to be inadequate because it 1992)). Because the EPA is describing its (CAA). This SIP submittal meets all EPA interpretations here only in broad terms, and CAA requirements for lead SIPs. did not meet all of the requirements of section 172(c) of the CAA. EPA the reader should refer to the General DATES: This direct final rule is effective requested that MSCHD make the Preamble for a more detailed discussion November 20, 2000 without further necessary corrections and submit of the interpretations of Title I advanced notice, unless EPA receives adverse supplemental information to address the in today’s approval and the supporting comment by October 20, 2000. If deficiencies. Due to several violations of rationale (57 FR 13549, April 16, 1992). adverse comments are received, EPA the lead NAAQS in 1996, Region 4 A. Attainment Demonstration will publish a timely withdrawal of the requested that MSCHD also submit an direct final rule in the Federal Register analysis of the control measures in place Section 192(a) of the CAA requires and inform the public that the rule will at the facility to ensure that they were that SIPs must provide for attainment of not take effect. adequate to prevent future violations. the lead NAAQS as expeditiously as ADDRESSES: Comments on this action The SIP also contained language in the practicable but not later than five years should be addressed to Kimberly lead chapter that granted Director’s from the date of an area’s nonattainment Bingham, EPA Region 4, Air Planning discretion to change emission limits at designation. The lead nonattainment Branch, Sam Nunn Atlanta Federal any given time. Because a requirement designation for the Shelby County area Center, 61 Forsyth Street, SW, Atlanta, of the CAA is that the submittal was effective on January 6, 1992; Georgia 30303–3104. includes specific enforceable emission therefore, the latest attainment date Copies of all materials considered in limits, the Region could not approve the permissible by the statute was January this rulemaking may be examined submittal with the Director’s discretion 6, 1997. The Shelby County area did not during normal business hours at the clause. The EPA conducted an meet this date because of violations in following locations: EPA Region 4, Sam inspection of the Refined Metals facility 1996 and 1998. Enforcement actions Nunn Atlanta Federal Center, 61 and found that the violations were not were taken against Refined Metals Forsyth Street, SW, Atlanta, Georgia a result of an inadequate SIP. Instead, Corporation that led to the owners of the 30303–3104, Tennessee Air Pollution they were due to compliance issues (i.e., facility surrendering the operating Control Board, 9th Floor, L & C Annex, poor housekeeping methods). The permits and permanently closing the 401 Church Street, Nashville, Tennessee MSCHD submitted additional facility. Since this action, the air quality 37243–1531. information to demonstrate that the monitor in the Shelby County area has controls in place would prevent future recorded seven consecutive quarters of FOR FURTHER INFORMATION CONTACT: air quality data that meet the lead Kimberly Bingham, Air, Pesticides and violations and met CAA requirements. NAAQS for the years 1998, 1999, and to Toxics Management Division, Region 4, The Region decided to conditionally date for 2000. MSCHD can request Environmental Protection Agency at approve this submittal contingent on the redesignation to attainment after the (404) 562–9038 or State removing the Director’s discretion area has recorded eight consecutive [email protected]. language from their lead rule. During the second quarter of 1998, a quarters of air quality data that meet the SUPPLEMENTARY INFORMATION: violation of the lead NAAQS occurred lead NAAQS.
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The Refined Metals Corporation is the no permitted process emissions from the H. New Source Review (NSR) sole source of the lead emissions in the facility or any other source. Also, Section 172(c)(5)of the CAA requires Shelby County nonattainment area. requiring other control measures or a that the submittal include a permit Since the facility ceased operation, the schedule for compliance is not program for the construction and improvement in air quality resulting in necessary because the Shelby County operation of new and modified major seven consecutive quarters of clean air area has been meeting the lead NAAQS stationary sources. The federally quality data indicates that the area will since the facility ceased operation. approved Rule 16–77 of the Memphis likely continue to meet the lead Therefore, these requirements are no and Shelby County Air Pollution NAAQS, and therefore, the SIP is longer applicable. Control Regulations identifies the adequate for attainment of the lead current specific permitting requirements NAAQS. E. Enforceability for nonattainment areas in the Memphis B. Emissions Inventory All measures and other elements in and Shelby County area. This rule meets Section 172(c)(3) of the CAA requires the SIP must be enforceable by the State the requirements of the CAA. and EPA (see sections 172(c)(6), that nonattainment plan provisions I. Contingency Measures include a comprehensive, accurate, 110(a)(2)(A) and 57 FR 13556). The EPA current inventory of actual emissions criteria addressing the enforceability of As provided in section 172(c)(9) of the from all sources of relevant pollutants in SIPs and SIP revisions are stated in a CAA, all nonattainment area SIPs that the nonattainment area. Because it is September 23, 1987, memorandum demonstrate attainment must include necessary to support an area’s (with attachments) from J. Craig Potter, contingency measures. Contingency attainment demonstration, the emission Assistant Administrator for Air and measures should consist of other inventory must be included with the SIP Radiation, et al. (see 57 FR 13541). available measures that are not part of submission. Since the Refined Metals Nonattainment area plan provisions the area’s control strategy. These Corporation, the sole source of lead must also contain a program that measures must take effect without emissions in the Shelby County area, provides for enforcement of the control further action by the state or EPA, upon ceased operation, there are no permitted measures and other elements in the SIP a determination that the area has failed process emissions from the facility or in (see section 110(a)(2)(C)). The MSCHD to meet RFP or attain the lead NAAQS the nonattainment area. Therefore, this has the enforcement authority to by the applicable attainment date. requirement is no longer applicable. implement and enforce this control If a violation of the lead NAAQS strategy for lead under the federally occurs in the Shelby County area, C. Reasonably Available Control approved provisions of the Memphis MSCHD will proceed immediately to Measures (RACM) (Including and Shelby County code, section 1200– take an appropriate enforcement action Reasonably Available Control 3–22–.03(1). for that violation. EPA has determined Technology (RACT)) this requirement in the MSCHD SIP F. Computer Modeling States with lead nonattainment areas satisfies the contingency measure must submit provisions to assure that Section 110(a)(2)(K) of the CAA provisions of the CAA. RACM (including RACT) is requires the use of air quality modeling The EPA is approving the lead SIP for implemented (see section 172(c)(1)). to predict the effect of the control Shelby County, Tennessee because it The owner of the Refined Metals facility strategy on ambient air quality from any meets the requirements set forth in is currently decontaminating and emissions of an air pollutant for which section 110(a)(2) and 172(c) of the CAA. demolishing all of the buildings at that a NAAQS has been established. Since III. Final Action location. To ensure that there are no the Refined Metals Corporation, the sole violations of the lead NAAQS during source of lead emissions in the Shelby EPA is approving the lead SIP for the the decontamination and demolition of County area, ceased operation, there are Shelby County, Tennessee lead the facility, control measures were no permitted process emissions coming nonattainment area because the included in the Building from the facility. Therefore, this submittal meets the requirements of the Decontamination and Demolition Plan requirement is no longer applicable. CAA as discussed in this document. The (BDDP) dated October 1, 1999. BDDPs EPA is publishing this rule without a are required by the Resource G. Reasonable Further Progress (RFP) prior proposal because the Agency Conservation and Recovery Act (RCRA), views this as a noncontroversial The SIP must provide for RFP, and must ensure that human health and submittal and anticipates no adverse defined in section 171(1) of the CAA as the environment are protected during comments. However, in the proposed such additional reductions in emissions the cleanup of any facility. This rules section of this Federal Register of the relevant air pollutant as are includes making sure that there are no publication, EPA is publishing a required by section 172(c)(2), or may violations of the lead NAAQS. EPA has separate document that will serve as the reasonably be required by the determined that all of the control proposal to approve the SIP revision Administrator to ensure attainment of measures included in the BDDP satisfy should adverse comments are filed. This the applicable NAAQS by the applicable RCRA and CAA requirements. rule will be effective November 20, 2000 date. without further notice unless the D. Other Measures Including Emission The improvement in air quality since Agency receives adverse comments by Limitations and Timetables the facility shutdown, resulting in seven October 20, 2000. Pursuant to 172(c)(6) of the CAA, all consecutive quarters of clean air quality If the EPA receives such comments, nonattainment SIPs must contain data, demonstrates that progress has then EPA will publish a document enforceable emission limitations, other been made in the Shelby County area. withdrawing the final rule and control measures, and schedules and Moreover, additional incremental informing the public that the rule will timetables for compliance. Since the reductions in emissions cannot be not take effect. All public comments Refined Metals Corporation, the sole obtained because there are not any received will then be addressed in a source of lead emissions in the Shelby process emissions coming from the subsequent final rule based on the County area, ceased operation, there are Refined Metals facility. proposed rule. The EPA will not
VerDate 112000 15:32 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM pfrm08 PsN: 20SER1 56796 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations institute a second comment period. In reviewing SIP submissions, EPA’s the Federal Register. A major rule Parties interested in commenting should role is to approve state choices, cannot take effect until 60 days after it do so at this time. If no such comments provided that they meet the criteria of is published in the Federal Register. are received, the public is advised that the Clean Air Act. In this context, in the This action is not a ‘‘major rule’’ as this rule will be effective on November absence of a prior existing requirement defined by 5 U.S.C. 804(2). 20, 2000 and no further action will be for the State to use voluntary consensus Under section 307(b)(1) of the Clean taken on the proposed rule. standards (VCS), EPA has no authority Air Act, petitions for judicial review of IV. Administrative Requirements to disapprove a SIP submission for this action must be filed in the United failure to use VCS. It would thus be States Court of Appeals for the Under Executive Order 12866 (58 FR inconsistent with applicable law for appropriate circuit by November 20, 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, 2000. Filing a petition for not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission reconsideration by the Administrator of therefore is not subject to review by the that otherwise satisfies the provisions of Office of Management and Budget. This this final rule does not affect the finality the Clean Air Act. Thus, the of this rule for the purposes of judicial action merely approves state law as requirements of section 12(d) of the meeting federal requirements and review nor does it extend the time National Technology Transfer and within which a petition for judicial imposes no additional requirements Advancement Act of 1995 (15 U.S.C. beyond those imposed by state law. review may be filed, and will not 272 note) do not apply. As required by postpone the effectiveness of such rule Accordingly, the Administrator certifies section 3 of Executive Order 12988 (61 that this rule will not have a significant or action. This action may not be FR 4729, February 7, 1996), in issuing challenged later in proceedings to economic impact on a substantial this rule, EPA has taken the necessary number of small entities under the enforce its requirements. (See section steps to eliminate drafting errors and 307(b)(2).) Regulatory Flexibility Act (5 U.S.C. 601 ambiguity, minimize potential litigation, et seq.). Because this rule approves pre- and provide a clear legal standard for List of Subjects in 40 CFR Part 52 existing requirements under state law affected conduct. EPA has complied and does not impose any additional Environmental protection, Air with Executive Order 12630 (53 FR enforceable duty beyond that required pollution control, Intergovernmental 8859, March 15, 1988) by examining the by state law, it does not contain any relation, Lead, Reporting and takings implications of the rule in unfunded mandate or significantly or recordkeeping requirements. accordance with the ‘‘Attorney uniquely affect small governments, as General’s Supplemental Guidelines for Dated: September 5, 2000. described in the Unfunded Mandates the Evaluation of Risk and Avoidance of Mike V. Peyton, Reform Act of 1995 (Public Law 104–4). Unanticipated Takings’’ issued under Acting Regional Administrator, Region 4. For the same reason, this rule also does the executive order. This rule does not not significantly or uniquely affect the Chapter I, title 40, Code of Federal impose an information collection communities of tribal governments, as Regulations, is amended as follows: specified by Executive Order 13084 (63 burden under the provisions of the FR 27655, May 10, 1998). This rule will Paperwork Reduction Act of 1995 (44 PART 52Ð[AMENDED] not have substantial direct effects on the U.S.C. 3501 et seq.). States, on the relationship between the The Congressional Review Act, 5 1. The authority citation for part 52 national government and the States, or U.S.C. 801 et seq., as added by the Small continues to read as follows: on the distribution of power and Business Regulatory Enforcement Authority: 42 U.S.C. 7401 et seq. responsibilities among the various Fairness Act of 1996, generally provides levels of government, as specified in that before a rule may take effect, the Subpart RRÐTennessee Executive Order 13132 (64 FR 43255, agency promulgating the rule must August 10, 1999), because it merely submit a rule report, which includes a 2. Section 52.2220(d) is amended by approves a state rule implementing a copy of the rule, to each House of the adding at the end of the table a new federal standard, and does not alter the Congress and to the Comptroller General entry for the Refined Metals, Inc. facility relationship or the distribution of power of the United States. EPA will submit a to read as follows: and responsibilities established in the report containing this rule and other § 52.2220 Identification of plan. Clean Air Act. This rule also is not required information to the U.S. Senate, subject to Executive Order 13045 (62 FR the U.S. House of Representatives, and * * * * * 19885, April 23, 1997), because it is not the Comptroller General of the United (d) EPA-approved State Source economically significant. States prior to publication of the rule in specific requirements.
EPA-APPROVED TENNESSEE SOURCE-SPECIFIC REQUIREMENTS
Name of source Permit No. State effective date EPA approval date Explanation
******* Refined Metals, Inc...... n/a ...... September 20, 2000.
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[FR Doc. 00–24042 Filed 9–19–00; 8:45 am] Division, Region 4, Environmental that will serve as the proposal to BILLING CODE 6560±50±P Protection Agency, Atlanta Federal approve the SIP revision if adverse Center, 61 Forsyth Street, SW, Atlanta, comments are filed. This rule will be Georgia 30303. The telephone number is effective November 20, 2000 without ENVIRONMENTAL PROTECTION (404) 562–9038. Ms. Bingham can also further notice unless the Agency AGENCY be reached via electronic mail at receives adverse comments by October [email protected]. 20, 2000. 40 CFR Part 52 SUPPLEMENTARY INFORMATION: If the EPA receives such comments, [AL±051±200026(a); FRL±6872±4] then EPA will publish a document I. Analysis of State’s Submittal withdrawing the final rule and Approval and Promulgation of On January 10, 2000, the State of informing the public that the rule will Implementation Plans: Revision to the Alabama through ADEM submitted not take effect. All public comments Alabama Department of Environmental revisions to Chapter 335–3–14—Air received will then be addressed in a Management (ADEM) Administrative Permits. Rule 335–3–14.05(4) was subsequent final rule based on the Code for the Air Pollution Control amended to remove outdated proposed rule. The EPA will not Program nonattainment new source review rules institute a second comment period. Parties interested in commenting should AGENCY: Environmental Protection also referred to as ‘‘accommodative SIP’’ do so at this time. If no such comments Agency (EPA). language. An accommodative SIP provides for new source growth without are received, the public is advised that ACTION: Direct final rule. emission offsets by requiring reasonably this rule will be effective on November 20, 2000 and no further action will be SUMMARY: The EPA is approving available control technologies on taken on the proposed rule. revisions to the Alabama Department of existing 100 ton per year Group I and Environmental Management’s (ADEM) Group II sources that emit volatile IV. Administrative Requirements Administrative Code submitted on organic compounds in areas not January 10, 2000, by the State of normally required to have controls (i.e., Under Executive Order 12866 (58 FR Alabama. The revisions comply with the attainment and unclassified areas). 51735, October 4, 1993), this action is regulations set forth in the Clean Air Act ADEM removed most of the not a ‘‘significant regulatory action’’ and (CAA). Included in this document are accommodative language in a previous therefore is not subject to review by the revisions to Chapter 335–3–14—Air SIP which was approved by EPA on Office of Management and Budget. This Permits. ADEM is revising this rule to December 19, 1986 (see 51 FR 45469, action merely approves state law as delete outdated accommodative state December 19, 1986 for a more detailed meeting federal requirements and implementation plan (SIP) rules. discussion). imposes no additional requirements ADEM deleted the following beyond those imposed by state law. DATES: This direct final rule is effective subparagraphs under rule 335–3–14– Accordingly, the Administrator certifies November 20, 2000 without further .05(4) which were a part of the that this rule will not have a significant notice, unless EPA receives adverse accommodative SIP language: economic impact on a substantial comment by October 20, 2000. If • Subparagraphs (a), (b), and (e) were number of small entities under the adverse comment is received, EPA will marked reserved. Regulatory Flexibility Act (5 U.S.C. 601 publish a timely withdrawal of the • Subparagraph (c)(1) contained the et seq.). Because this rule approves pre- direct final rule in the Federal Register following language, ‘‘A person existing requirements under state law and inform the public that the rule will proposing to construct or make a major and does not impose any additional not take effect. modification to a major facility subject enforceable duty beyond that required ADDRESSES: All comments should be to the provisions of this Rule, located in by state law, it does not contain any addressed to: Kimberly Bingham at the a nonurban nonattainment area (less unfunded mandate or significantly or EPA, Region 4 Air Planning Branch, 61 than 200,000 population), shall be uniquely affect small governments, as Forsyth Street, SW, Atlanta, Georgia required to install LAER but shall not be described in the Unfunded Mandates 30303. required to obtain emission offsets as Reform Act of 1995 (Public Law 104–4). Copies of documents relative to this specified herein.’’ For the same reason, this rule also does action are available at the following • Subparagraph (c)(2) contained the not significantly or uniquely affect the addresses for inspection during normal following language, ‘‘The provisions of communities of tribal governments, as business hours: subparagraph (c) of this paragraph are specified by Executive Order 13084 (63 Air and Radiation Docket and applicable to volatile organic compound FR 27655, May 10, 1998). This rule will Information Center (Air Docket 6102), sources only.’’ not have substantial direct effects on the U.S. Environmental Protection Agency, These revisions comply with CAA States, on the relationship between the 401 M Street, SW, Washington, DC requirements. national government and the States, or 20460. on the distribution of power and Environmental Protection Agency, II. Final Action responsibilities among the various Region 4, Air Planning Branch, 61 EPA is approving the aforementioned levels of government, as specified in Forsyth Street, SW, Atlanta, Georgia change to the State of Alabama’s SIP Executive Order 13132 (64 FR 43255, 30303–8960. because it is consistent with the CAA August 10, 1999), because it merely Alabama Department of and EPA policy. The EPA is publishing approves a state rule implementing a Environmental Management, 400 this rule without a prior proposal federal standard, and does not alter the Coliseum Boulevard, Montgomery, because the Agency views this as a relationship or the distribution of power Alabama 36110–2059. noncontroversial submittal and and responsibilities established in the FOR FURTHER INFORMATION CONTACT: anticipates no adverse comments. Clean Air Act. This rule also is not Kimberly Bingham, Regulatory Planning However, in the proposed rules section subject to Executive Order 13045 (62 FR Section, Air Planning Branch, Air, of this Federal Register publication, 19885, April 23, 1997), because it is not Pesticides and Toxics Management EPA is publishing a separate document economically significant.
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In reviewing SIP submissions, EPA’s burden under the provisions of the review may be filed, and will not role is to approve state choices, Paperwork Reduction Act of 1995 (44 postpone the effectiveness of such rule provided that they meet the criteria of U.S.C. 3501 et seq.). or action. This action may not be the Clean Air Act. In this context, in the The Congressional Review Act, 5 challenged later in proceedings to absence of a prior existing requirement U.S.C. 801 et seq., as added by the Small enforce its requirements. (See section for the State to use voluntary consensus Business Regulatory Enforcement 307(b)(2).) standards (VCS), EPA has no authority Fairness Act of 1996, generally provides to disapprove a SIP submission for that before a rule may take effect, the List of Subjects in 40 CFR Part 52 failure to use VCS. It would thus be agency promulgating the rule must Environmental protection, Air inconsistent with applicable law for submit a rule report, which includes a pollution control, Intergovernmental EPA, when it reviews a SIP submission, copy of the rule, to each House of the relation, Lead, Reporting and to use VCS in place of a SIP submission Congress and to the Comptroller General recordkeeping requirements. that otherwise satisfies the provisions of of the United States. EPA will submit a Dated: September 5, 2000. the Clean Air Act. Thus, the report containing this rule and other requirements of section 12(d) of the required information to the U.S. Senate, Mike V. Peyton, National Technology Transfer and the U.S. House of Representatives, and Acting Regional Administrator, Region 4. Advancement Act of 1995 (15 U.S.C. the Comptroller General of the United Chapter I, title 40, Code of Federal 272 note) do not apply. As required by States prior to publication of the rule in Regulations, is amended as follows: section 3 of Executive Order 12988 (61 the Federal Register. A major rule FR 4729, February 7, 1996), in issuing cannot take effect until 60 days after it PART 52Ð[AMENDED] this rule, EPA has taken the necessary is published in the Federal Register. steps to eliminate drafting errors and This action is not a ‘‘major rule’’ as 1. The authority citation for part 52 ambiguity, minimize potential litigation, defined by 5 U.S.C. 804(2). continues to read as follows: and provide a clear legal standard for Under section 307(b)(1) of the Clean Authority: 42 U.S.C. 7401 et seq. affected conduct. EPA has complied Air Act, petitions for judicial review of with Executive Order 12630 (53 FR this action must be filed in the United Subpart BÐAlabama 8859, March 15, 1988) by examining the States Court of Appeals for the takings implications of the rule in appropriate circuit by November 20, 2. Section 52.50 is revising the entry accordance with the ‘‘Attorney 2000. Filing a petition for for section 335–3–14.05 in the table in General’s Supplemental Guidelines for reconsideration by the Administrator of paragraph (c) to read as follows: the Evaluation of Risk and Avoidance of this final rule does not affect the finality Unanticipated Takings’’ issued under of this rule for the purposes of judicial § 52.50 Identification of plan. the executive order. This rule does not review nor does it extend the time * * * * * impose an information collection within which a petition for judicial (c) EPA approved regulations.
EPA APPROVED ALABAMA REGULATIONS
State citation Title subject Adoption date EPA approval date Federal Register notice
(1) Chapter No. 335±3±14 (2) Air Permit. ******* Section 335±3±1±14±05 .... Air Permits Authorizing December 7, 1999 ...... September 20, 2000 ...... 65 FR 56798 Construction in or Near Non-Attainment Areas. *******
* * * * * SUMMARY: The Environmental Protection and Clean Air Act (CAA) permitting [FR Doc. 00–24040 Filed 9–19–00; 8:45 am] Agency (EPA) is providing notice of the requirements and policies, a time line of BILLING CODE 6560±50±P August 10, 2000 release of the important compliance dates, a list of Hazardous Waste Combustion NESHAP affected facilities or sources, links to Toolkit on the Internet. The Toolkit related websites, a list of RCRA and ENVIRONMENTAL PROTECTION provides implementation guidance and CAA regulatory contacts, and commonly AGENCY other materials related to the final used acronyms. The Toolkit does not regulation NESHAP: Final Standards for provide guidance on any technical 40 CFR Parts 60, 63, 260, 261, 264, 265, Hazardous Air Pollutants for Hazardous requirements associated with the rule 266, 270, and 271 Waste Combustors (64 FR 52828, (e.g., test methods, monitoring [FRL±6870±8] September 30, 1999). The purpose of the techniques, etc.). Toolkit is to assist all interested FOR FURTHER INFORMATION CONTACT: For Hazardous Waste Combustion National stakeholders, including the general general information, you can contact the Emission Standards for Hazardous Air public, regulators and industry, in RCRA Hotline at 1–800–424–9346 or Pollutants (NESHAP) Toolkit; Notice of understanding the implementation TDD 1–800–553–7672 (hearing Availability aspects of the new standards and our impaired). In the Washington, D.C. AGENCY: Environmental Protection new approach to permitting the metropolitan area, call 703-412–9810 or Agency. facilities or sources subject to them. The TDD 703–412–3323. The RCRA Hotline Toolkit’s primary focus is on general is open Monday through Friday from 9 ACTION: Availability of new and process-oriented information and a.m. to 6 p.m. Eastern Standard Time. implementation toolkit related to final includes: descriptions of Resource To access the Toolkit, please see our regulations. Conservation and Recovery Act (RCRA) Internet page: http://www.epa.gov/
VerDate 112000 15:32 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM pfrm08 PsN: 20SER1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations 56799 epaoswer/hazwaste/combust/toolkit/ Dated: September 6, 2000. SUPPLEMENTARY INFORMATION: This is a toolkit.htm. Elizabeth A. Cotsworth, synopsis of the Commission’s Report For specific information related to the Director, Office of Solid Waste. and Order, MM Docket Nos. 00–84, 00– Toolkit, you can contact Ms. Rosemary [FR Doc. 00–23942 Filed 9–19–00; 8:45 am] 85, 00–86, 00–89, 00–111 and 00–112, Workman at 703–308–8725 or BILLING CODE 6560±50±P adopted August 30, 2000, and released [email protected]. For September 8, 2000. The full text of this specific questions related to the final Commission decision is available for rulemaking for the new standards, you inspection and copying during normal FEDERAL COMMUNICATIONS can contact Mr. David Hockey at 703– business hours in the FCC Reference COMMISSION 308–8846 or [email protected]. For Center (Room 239), 445 12th Street, SW, Washington, DC. The complete text of questions related to the implementation 47 CFR Part 73 of the new standards for a specific this decision may also be purchased facility or source, please contact either from the Commission’s copy contractor, [DA 00±2062; MM Docket No. 00±84; RM± International Transcription Services, your regional or state RCRA or CAA 9855; MM Docket 00±85; RM±9868; MM regulatory officials. Docket No. 00±86; RM±9869; MM Docket Inc., (202) 857–3800, 1231 20th Street, 00±89; RM±9872; MM Docket No. 00±111; NW, Washington, DC 20036. Channel SUPPLEMENTARY INFORMATION: On RM±9900; MM Docket No. 00±112; RM±9901] 224A at Las Vegas, NM, can be allotted September 30, 1999, we finalized the without a site restriction, at coordinates National Emission Standards for Radio Broadcasting Services; 35–36–00 NL; 105–13–00 WL. Channel Hazardous Air Pollutants (NESHAP) for Jacksonville, GA; Las Vegas, NM; Vale, 288C at Vale, OR, requires a site three categories of hazardous waste OR; Waynesboro, GA; Fallon, NV; restriction of 9.6 kilometers (6.0 miles) combustors (HWCs): incinerators, Weiser, OR west, at coordinates 44–00–06 NL; 117– cement kilns and light-weight aggregate 21–32 WL, to avoid a short-spacing to kilns (64 FR 52828, September 30, AGENCY: Federal Communications Stations KJOT, Channel 286C, Boise, ID, 1999). We promulgated these standards Commission. and KCIX, Channel 290C, Garden City, under the joint authority of the CAA ACTION: Final rule. ID. Channel 225A at Waynesboro, GA, and RCRA. Before the final rule went requires a site restriction of 2.0 into effect, we regulated air emissions SUMMARY: The Commission allots: (1) kilometers (1.3 miles) northeast, at from the three types of HWCs primarily Channel 272A to Jacksonville, GA, as its coordinates 33–06–23 NL; 82–00–14 under the authority of section 3004(a) of first local aural service, at the request of WL, to avoid a short-spacing to Stations RCRA. With the release of the final rule, Clyde and Connie Lee Scott, d/b/a EME WKKZ, Channel 224C2, Dublin, GA, however, we now regulate air emissions Communications, (2) Channel 224A to and WEAS–FM, Channel 226C1, from these sources primarily under the Las Vegas, NM, as its fifth local Savannah, GA. Channel 281C at Fallon, CAA. Even though both statutes give us commercial FM service, at the request of NV, requires a site restriction of 8.4 the authority to regulate air emissions, Sangre de Christo Broadcasting kilometers (5.2 miles) east, at we determined that having standards Company, Inc.; (3) Channel 288C to coordinates 39–28–30 NL; 118–40–43 and permitting requirements in both Vale, OR, as its first local aural service, WL, to avoid a short-spacing to Stations sets of implementing regulations would at the request of New West KODS, Channel 279C1, Carnelian Bay, be duplicative. For this reason, we used Broadcasting; (4) Channel 225A to CA, and Station KDOT, Channel 283C, the final rule as a vehicle for changing Waynesboro, GA, as its third local FM Reno, NV. Channel 280C1 at Weiser, our approach to permitting air service, at the request of SSR OR, requires a site restriction of 17.8 emissions from HWCs. Thus, with one Communications Incorporated; (5) kilometers (11 miles) northwest, at exception, we are now requiring that Channel 281C to Fallon, NV, as its third coordinates 44–20–39 NL; 117–07–14 such emissions be permitted only under local FM service, at the request of FBB WL, to avoid a short-spacing to Stations title V of the CAA. The exception Broadcasting; and (6) Channel 280C1 to KSAS–FM, Channel 277C, Caldwell, ID, concerns section 3005(c)(3) of RCRA, Weiser, OR, as its first local aural and KLTB, Channel 282C, Boise, ID. A which requires that each RCRA permit service, at the request of WE filing window for these channels will contain the terms and conditions Broadcasting. See, 65 FR 3499, June 1, not be opened at this time. Instead, the necessary to protect human health and 2000, 65 FR 47370, August 2, 2000. All issue of opening a filing window for the environment. Under this provision of the channels can be allotted in these channels will be addressed by the of RCRA, if a regulatory authority compliance with the Commission’s Commission in a subsequent order. determines that more stringent minimum distance separation List of Subjects in 47 CFR Part 73 conditions are necessary to protect requirements. Channel 272A at human health and environment for a Jacksonville, GA, requires a site Radio broadcasting. particular facility, then that regulatory restriction of 13.5 kilometers (8.4 miles) Part 73 of title 47 of the Code of authority may impose those conditions northwest, at coordinates 31–51–54 NL; Federal Regulations is amended as in the facility’s RCRA permit. 83–06–16 WL, to avoid a short-spacing follows: to Stations WZAT, Channel 271C, As an Internet-based guidance, the Savannah, GA; WBGA, Channel 273C1, PART 73Ð[AMENDED] Toolkit is available only through the Waycross, GA, and WYSC, Channel world wide web. It can be accessed at 274A, McRae, GA. See SUPPLEMENTARY 1. The authority citation for part 73 http://www.epa.gov/epaoswer/ INFORMATION. continues to read as follows: hazwaste/combust/toolkit/toolkit.htm. DATES: Effective October 23, 2000. Authority: 47 U.S.C. 154, 303, 334, and To access other available electronic 336. documents related to the new standards, ADDRESSES: Federal Communications specifically, or hazardous waste Commission, Washington, D.C. 20554. § 73.202 [Amended] combustion, generally, please see our FOR FURTHER INFORMATION CONTACT: 2. Section 73.202(b), the Table of FM Internet page: http://www.epa.gov/ Leslie K. Shapiro, Mass Media Bureau, Allotments under Georgia, is amended epaoswer/hazwaste/combust.htm. (202) 418–2180. by adding Jacksonville, Channel 272A
VerDate 112000 15:32 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM pfrm08 PsN: 20SER1 56800 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations and adding Channel 225A at SUPPLEMENTARY INFORMATION: This is a to specify operation on Channel 285C3 Waynesboro. synopsis of the Commission’s Report at Missouri City. To accommodate this 3. Section 73.202(b), the Table of FM and Order in MM Docket No. 99–342, upgrade and reallotment, this document Allotments under Nevada, is amended adopted August 30, 2000, and released substitutes Channel 287A for Channel by adding Channel 281C at Fallon. September 8, 2000. The full text of this 285A at Galveston, Texas, reallots 4. Section 73.202(b), the Table of FM decision is available for inspection and Channel 287A to Crystal Beach, Texas, Allotments under New Mexico, is copying during normal business hours and modifies the Station KLTO license amended by adding Channel 224A at in the FCC’s Reference Information to specify operation on Channel 287A at Las Vegas. Center at Portals II, CY–A257, 445 12th Crystal Beach. In order to accommodate Street, SW, Washington, D.C. The Channel 287A at Crystal Beach, this 5. Section 73.202(b), the Table of FM complete text of this decision may also document also substitutes Channel Allotments under Oregon, is amended be purchased from the Commission’s 285C3 for Channel 287C2 at Lake by adding Vale, Channel 288C, and copy contractor, International Charles, Louisiana, reallots Channel Weiser, Channel 280C1. Transcription Service, Inc., (202) 857– 285C3 to Moss Bluff, Louisiana, and Federal Communications Commission. 3800, 1231 20th Street, NW, modifies the Station KZWA license to John A. Karousos, Washington, DC 20036. specify operation on Channel 285C3 at Moss Bluff. Finally, this document Chief, Allocations Branch, Policy and Rules List of Subjects in 47 CFR Part 73 Division, Mass Media Bureau. denies allotment proposals for Channel [FR Doc. 00–24069 Filed 9–19–00; 8:45 am] Radio Broadcasting. 285A at Pitkin, Louisiana, and Channel BILLING CODE 6712±01±P Part 73 of title 47 of the Code of 285A at Reeves, Louisiana. See 64 FR Federal Regulations is amended as 7843, published February 17, 2000. The follows: reference coordinates for the Channel FEDERAL COMMUNICATIONS 285C3 allotment at Missouri City, Texas, COMMISSION PART 73Ð[AMENDED] are 29–33–11 and 95–26–35. The reference coordinates for the Channel 47 CFR Part 73 1. The authority citation for part 73 287A allotment at Crystal Beach, Texas, continues to read as follows: [DA 00±2056; MM Docket No. 99±342; RM± are 29–29–36 and 94–31–33. The 9773, RM±9844] Authority: 47 U.S.C. 154, 303, 334, 336. reference coordinates for the Channel 285C3 allotment at Moss Bluff, Radio Broadcasting Services; George § 73.202 [Amended] Louisiana, are 30–27–06 and 93–08–39. West, Pearsall and Victoria, TX 2. Section 73.202(b), the Table of FM DATES: Effective October 23, 2000. Allotments under Texas, is amended by AGENCY: Federal Communications FOR FURTHER INFORMATION CONTACT: removing Channel 281A and adding Commission. Channel 281C1 at Pearsall. Robert Hayne, Mass Media Bureau (202) ACTION: Final rule. 418–2177. 3. Section 73.202(b), the Table of FM SUPPLEMENTARY INFORMATION: This is a SUMMARY: Allotments under Texas, is amended by At the request of John R. Furr, synopsis of the Commission’s Report this substitutes Channel 281C3 for removing Channel 281A and adding Channel 265A at George West. and Order in MM Docket No. 99–26, Channel 281A at Pearsall Texas, and adopted August 30, 2000, and released modifies the outstanding construction Federal Communications Commission. September 8, 2000. The full text of this permit (File No. BPH–960926MF) to John A. Karousos, decision is available for inspection and operation on Channel 281C3. In order to Chief, Allocations Branch, Policy and Rules copying during normal business hours accommodate this upgrade, this Division, Mass Media Bureau. in the FCC’s Reference Information document also substitutes Channel [FR Doc. 00–24067 Filed 9–19–00; 8:45 am] Center at Portals II, CY–A257, 445 12th 265A for Channel 281A at George West, BILLING CODE 6712±01±P Street, SW, Washington, D.C. The Texas, and modifies the outstanding complete text of this decision may also construction permit (File No. BPH– be purchased from the Commission’s 19940207MA) to specify operation on FEDERAL COMMUNICATIONS copy contractor, International Channel 265A. See 64 FR 71097, COMMISSION Transcription Service, Inc., (202) 857– published December 20, 1999. The 3800, 1231 20th Street, NW, 47 CFR Part 73 reference coordinates for Channel 281C1 Washington, D.C. 20036. at Pearsall, Texas, are 28–44–52 and 98– [DA 00±2057; MM Docket No. 99±26; RM± List of Subjects in 47 CFR Part 73 50–13. The reference coordinates for 9436, RM±9651, RM±9652] Channel 265A at George West, Texas, Radio Broadcasting. are 28–24–26 and 98–10–05. Victoria Radio Broadcasting Services; Pitkin, Part 73 of title 47 of the Code of Radio Works, Ltd., licensee of Station Lake Charles, Moss Bluff and Reeves, Federal Regulations is amended as KEPG filed a Request to Withdraw LA., and Crystal Beach, Galveston, follows: Counterproposal for Channel 265A, Missouri City and Rosenberg, TX Victoria, Texas, which was a one-step PART 73Ð[AMENDED] upgrade application to specify operation AGENCY: Federal Communications Commission. on Channel 265C3 (File No. BPH– 1. The authority citation for part 73 19991020AAX). ACTION: Final rule. continues to read as follows: DATES: Effective October 24, 2000. SUMMARY: At the request of Tichenor Authority: 47 U.S.C. 154, 303, 334, 336. ADDRESSES: Federal Communications License Corporation, this document § 73.202 [Amended] Commission, Washington, DC 20554. substitutes Channel 285C3 for Channel FOR FURTHER INFORMATION CONTACT: 285A at Rosenberg, Texas, reallots 2. Section 73.202(b), the Table of FM Robert Hayne, Mass Media Bureau (202) Channel 285C3 to Missouri City, Texas, Allotments under Louisiana, is 418–2177. and modifies the Station KOVA license amended by removing Channel 287C2 at
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Lake Charles, and adding Moss Bluff, DEPARTMENT OF COMMERCE 2000. During this period, no more than Channel 285C3. 300 lb (136 kg) of snowy grouper, round National Oceanic and Atmospheric weight or gutted weight, may be (1) 3. Section 73.202(b), the Table of FM Administration possessed at any time on board a vessel Allotments under Texas, is amended by that has a valid commercial permit for removing Rosenberg, Channel 285A, 50 CFR Part 622 snapper-grouper, or (2) landed, and adding Missouri City, Channel [Docket No. 940246±4137; I.D. 091100D] purchased, or sold from such a vessel 285C3. per day. The possession of a valid 4. Section 73.202(b), the Table of FM Fisheries of the Caribbean, Gulf of commercial permit notwithstanding, the Allotments under Texas, is amended by Mexico, and South Atlantic; Snapper- bag and possession limits apply when a removing Channel 285A at Galveston, Grouper Fishery off the Southern vessel is operating as a charter vessel or and adding Channel 287A at Crystal Atlantic States; Snowy Grouper; headboat. A charter vessel with a Beach. Commercial Trip Limit Reduction commercial vessel permit is considered to be operating as a charter vessel when Federal Communications Commission. AGENCY: National Marine Fisheries it carries a passenger who pays a fee or John A. Karousos, Service (NMFS), National Oceanic and when there are more than three persons Chief, Allocations Branch, Policy and Rules Atmospheric Administration (NOAA), aboard, including operator and crew. A Division, Mass Media Bureau. Commerce. headboat with a commercial vessel [FR Doc. 00–24066 Filed 9–19–00; 8:45 am] ACTION: Trip limit reduction. permit is considered to be operating as BILLING CODE 6712±01±P a headboat when it carries a passenger SUMMARY: NMFS reduces the who pays a fee or when there are more commercial trip limit for snowy grouper persons aboard than the number of crew FEDERAL COMMUNICATIONS in the exclusive economic zone (EEZ) specified in the vessel’s Certificate of COMMISSION off the southern Atlantic states to 300 lb Inspection. (1,134 kg). This trip limit reduction is 47 CFR Part 79 necessary to protect the snowy grouper Classification resource. This action is taken under 50 CFR [MM Docket No. 99±339; FCC 00±258] DATES: Effective 12:01 a.m., local time, 622.43(a) and 622.44(c) and is exempt October 1, 2000, through December 31, from Office of Management and Budget Implementation of Video Description of 2000. review under Executive Order 12866. Video Programming FOR FURTHER INFORMATION CONTACT: Authority: 16 U.S.C. 1801 et seq. Peter Eldridge, telephone: 727–570– Dated: September 15, 2000. AGENCY: Federal Communications 5305, fax: 727–570–5583, e-mail: Commission. [email protected]. Bruce C. Morehead, Acting Director, Office of Sustainable ACTION: Final rule; correction. SUPPLEMENTARY INFORMATION: The Fisheries, National Marine Fisheries Service. snapper-grouper fishery off the southern [FR Doc. 00–24158 Filed 9–15–00; 2:12 pm] Atlantic states is managed under the SUMMARY: This document corrects the BILLING CODE 3510±22±S effective date of the final rule which Fishery Management Plan for the was published in the Federal Register of Snapper-Grouper Fishery of the South September 11, 2000 (65 FR 54805), Atlantic Region (FMP). The FMP was DEPARTMENT OF COMMERCE regarding the adoption of rules and prepared by the South Atlantic Fishery requirements for television video Management Council and is National Oceanic and Atmospheric programming description. The DATES implemented under the authority of the Administration section of the final rule is corrected as Magnuson-Stevens Fishery set forth below. Conservation and Management Act by 50 CFR Part 660 regulations at 50 CFR part 622. DATES: Effective April 1, 2002, except The commercial quota for snowy [Docket No. 99122347-9347-01; I.D. for § 79.2 which contains information grouper, one of the species in the 090700A] collections which have not yet been snapper-grouper complex, is 344,508 lb Fisheries off West Coast States and in approved by OMB. The Commission (156,266 kg), gutted weight, each fishing the Western Pacific; Pacific Coast will publish a document in the Federal year. The fishing year is January 1 Groundfish Fishery; End of the Register announcing the effective date through December 31. In accordance Primary Season and Resumption of of that section. with 50 CFR 622.44(c)(3), a commercial Trip Limits for the Shore-based Fishery trip limit of 2,500 lb (1,134 kg) applies FOR FURTHER INFORMATION CONTACT: Eric for Pacific Whiting Bash, Policy and Rules Division, Mass until the quota is reached. When the Media Bureau (202) 418–2130. quota is reached, or is projected to be AGENCY: National Marine Fisheries reached, NMFS is required to reduce the Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: As commercial trip limit to 300 lb (136 kg), Atmospheric Administration (NOAA), originally published, the revision of through the end of the fishing year. Commerce. both the part heading and the authority Based on current statistics, NMFS has ACTION: Fishing restrictions; request for citation did not have an effective date. projected that the commercial quota for comments. This document corrects that omission. snowy grouper will be reached on Federal Communications Commission. September 30, 2000. Accordingly, the SUMMARY: NMFS announces the end of commercial trip limit for snowy grouper the 2000 primary season for the shore- William F. Caton, in or from the EEZ off the southern based fishery for Pacific whiting Deputy Secretary. Atlantic states is reduced to 300 lb (136 (whiting) and resumption of per-trip [FR Doc. 00–24185 Filed 9–19–00; 8:45 am] kg) effective 12:01 a.m., local time, limits at 6 p.m local time (l.t.) BILLING CODE 6712±01±U October 1, 2000, through December 31, September 15, 2000, because the
VerDate 112000 15:32 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM pfrm08 PsN: 20SER1 56802 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations allocation is projected to be reached. 660.323(a)(4) divide the commercial OY a fishing trip, a limit of 10,000-lb (4,536 This action is intended to keep the into separate allocations for the catcher/ kg) of whiting is in effect year-round harvest of whiting at the 2000 allocation processor, mothership, and shore-based (unless landings of whiting are levels. sectors of the whiting fishery. The 2000 prohibited). allocations, based on the 2000 DATES: Effective from 6 p.m l.t. NMFS Action September 15, 2000, until the effective commercial OY, are 67,830 mt (34 date of the 2001 specification and percent) for the catcher/processor For the reasons stated here, and in management measures for the Pacific sector, 47,880 mt (24 percent) for the accordance with the regulations at 50 Coast groundfish fishery which will be mothership sector, and 83,790 mt (42 CFR 660.323(a)(4)(iii)(C), NMFS herein published in the Federal Register, percent) for the shore-based sector. announces: unless modified, superseded or When each sector’s allocation is Effective 6 p.m. l.t. on September 15, rescinded. Comments will be accepted reached, the primary season for that 2000, no more than 20,000-lb (9,072 kg) through October 5, 2000. sector is ended. The catcher/processor of whiting may be taken and retained, sector is composed of vessels that possessed or landed by a catcher vessel ADDRESSES: Submit comments to harvest and process whiting. The William Stelle, Jr., Administrator, participating in the shore-based sector mothership sector is composed of Northwest Region (Regional of the whiting fishery. If a vessel fishes catcher vessels that harvest whiting and Administrator), NMFS, 7600 Sand Point shoreward of the 100 fm (183 m) mothership vessels that process whiting. ° ° Way NE., Seattle, WA 98115-0070; or contour in the Eureka area (43 - 40 30’ The shore-based sector is composed of Rebecca Lent, Regional Administrator, N. lat.) at any time during a fishing trip, vessels that harvest whiting for delivery Southwest Region, NMFS, 501 West the 10,000-lb (4,536 kg) trip limit to land-based processors. The Ocean Blvd., Suite 4200, Long Beach, applies, as announced in the annual regulations at 50 CFR 600.323 (a)(3)(i) CA 90802-4213. management measures at paragraph IV, describe the primary season for the B (3)(c)(ii). FOR FURTHER INFORMATION CONTACT: shore-based sector as the period(s) when Becky Renko at 206-526-6110. the large-scale target fishery is Classification SUPPLEMENTARY INFORMATION: This conducted (when trip limits under This action is authorized by the action is authorized by regulations § 660.323(b) are not in effect). Before regulations implementing the FMP. The implementing the Pacific Coast and after the primary seasons, per-trip determination to take this action is Groundfish Fishery Management Plan limits are in effect for whiting. based on the most recent data available. (FMP), which governs the groundfish The best available information on The aggregate data upon which the fishery off Washington, Oregon, and September 11, 2000, indicates that determination is based are available for California. The levels of allowable 77,746 mt had been taken through public inspection at the Office of the biological catch (ABC), the optimum September 9, 2000, and that the 83,790 Regional Administrator (see ADDRESSES) yield (OY), and the commercial OY (the mt shore-based allocation would be during business hours. This action is OY minus the tribal allocation) for U.S. reached by 6 p.m. l.t. on September 15, taken under the authority of 50 CFR harvests of Pacific whiting were 2000. This Federal Register document 660.323(a)(4)(iii)(C) and is exempt from announced in the Pacific Coast announces the date that the primary review under Executive Order 12866. groundfish annual specifications and season for the shore-based sector ends, Authority: 16 U.S.C. 1801 et seq. management measures (annual and that per-trip limits are imposed. management measures) that were This limit is intended to accommodate Dated: September 14, 2000. published on January 4, 2000, in the small bait and fresh fish markets, and Bruce C. Morehead, Federal Register (65 FR 221). For the bycatch in other fisheries. To minimize Acting Director, Office of Sustainable year 2000 the whiting ABC and OY are incidental catch of chinook salmon by Fisheries, National Marine Fisheries Service. 232,000 mt (mt) and the commercial OY vessels fishing inside of 100 fm (183 m) [FR Doc. 00–24062 Filed 9–14–00; 4:37 pm] is 199,500 mt. Regulations at 50 CFR in the Eureka area, at any time during BILLING CODE 3510±22±S
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Proposed Rules Federal Register Vol. 65, No. 183
Wednesday, September 20, 2000
This section of the FEDERAL REGISTER room. The reading room is located in which plants from 10 listed taxa may be contains notices to the public of the proposed room 1141 of the USDA South Building, imported into the United States issuance of rules and regulations. The 14th Street and Independence Avenue, established in an approved growing purpose of these notices is to give interested SW., Washington, DC. Normal reading medium. In addition to other persons an opportunity to participate in the room hours are 8 a.m. to 4:30 p.m., requirements, § 319.37–8(e): rule making prior to the adoption of the final • rules. Monday through Friday, except Specifies the types of growing holidays. To be sure someone is there to media that may be used; help you, please call (202) 690–2817 • Requires plants to be grown in DEPARTMENT OF AGRICULTURE before coming. accordance with written agreements APHIS documents published in the between the Animal and Plant Health Animal and Plant Health Inspection Federal Register, and related Inspection Service (APHIS) and the Service information, including the names of plant protection service of the country organizations and individuals who have where the plants are grown and between 7 CFR Part 319 commented on APHIS dockets, are the foreign plant protection service and available on the Internet at http:// [Docket No. 98±103±1] the grower; www.aphis.usda.gov/ppd/rad/ • Requires the plants to be rooted and Importation of Artificially Dwarfed webrepor.html. grown in a greenhouse that meets Plants in Growing Media From the FOR FURTHER INFORMATION CONTACT: Mr. certain requirements for pest exclusion People's Republic of China Wayne D. Burnett, Senior Import and that is used only for plants being Specialist, Phytosanitary Issues grown in compliance with § 319.37– AGENCY: Animal and Plant Health Management Team, PPQ, APHIS, 4700 8(e); • Inspection Service, USDA. River Road Unit 140, Riverdale, MD Restricts the source of the seeds or ACTION: Proposed rule. 20737–1236; (301) 734–6799. parent plants used to produce the SUPPLEMENTARY INFORMATION: plants, and requires grow-out or SUMMARY: We are proposing to amend treatment of parent plants imported into our regulations governing the Background the exporting country from another importation of plants and plant The regulations in 7 CFR part 319 country; products to allow artificially dwarfed prohibit or restrict the importation into • Specifies the sources of water that (penjing) plants of the genera Buxus, the United States of certain plants and may be used on the plants, the height of Ehretia (Carmona), Podocarpus, plant products to prevent the the benches on which the plants must Sageretia, and Serissa to be imported introduction of plant pests. The be grown, and the conditions under into the United States from the People’s regulations contained in ‘‘Subpart— which the plants must be stored and Republic of China in an approved Nursery Stock, Plants, Roots, Bulbs, packaged; and growing medium subject to specified Seeds, and Other Plant Products,’’ • Requires that the plants be growing, inspection, and certification §§ 319.37 through 319.37–14 (referred to inspected in the greenhouse and found requirements. We have assessed the pest below as the regulations), restrict, free of evidence of plant pests no more risks associated with the importation of among other things, the importation of than 30 days prior to the exportation of these artificially dwarfed plants living plants, plant parts, and seeds for the plants. established in growing media and have propagation. A phytosanitary certificate issued by determined that they may be imported Paragraph § 319.37–8(a) of the the plant protection service of the from the People’s Republic of China regulations requires, with certain country in which the plants were grown under the conditions proposed without exceptions, that plants offered for that declares that the above conditions presenting a significant risk of importation into the United States be have been met must accompany the introducing or disseminating dangerous free of sand, soil, earth, and other plants at the time of importation. These plant pests. This proposed rule would growing media. This requirement is conditions have been used successfully relieve restrictions that currently allow intended to help prevent the to mitigate the risk of pest introduction these genera to be imported only as introduction of plant pests that might be associated with the importation into the bare-rooted plants. present in the growing media; the United States of approved plants DATES: We invite you to comment on exceptions to the requirement take into established in growing media. this docket. We will consider all account factors that mitigate that plant In 1994, the Animal and Plant comments that we receive by November pest risk. Those exceptions, which are Quarantine Service of the People’s 20, 2000. found in paragraphs (b) through (e) of Republic of China (CAPQ) requested ADDRESSES: Please send your comment § 319.37–8, consider either the origin of that APHIS consider amending the and three copies to: Docket No. 98–103– the plants and growing media regulations to allow Buxus (Buxaceaea) 1, Regulatory Analysis and (paragraph (b)), the nature of the spp., Ehretia (Carmona) (Boraginaceae) Development, PPD, APHIS, Suite 3C03, growing media (paragraphs (c) and (d)), spp., Podocarpus (Podocarpaceae) spp., 4700 River Road, Unit 118, Riverdale, or the use of a combination of growing Sageretia (theazans) (Rhamnaceae) spp., MD 20737–1238. conditions, approved media, and Serissa (Rubiaceae) spp. to be Please state that your comment refers inspections, and other requirements imported into the United States under to Docket No. 98–103–1. (paragraph (e)). the conditions set forth in § 319–37– You may read any comments that we That combination approach found in 8(e). These species are commonly traded receive on this docket in our reading § 319.37–8(e) provides conditions under as artificially dwarfed plants (often
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 56804 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules referred to as ‘‘penjing’’ in China and treatment, and greenhouse growing to cuttings, the risk that plants intended ‘‘bonsai’’ in Japan) and are currently protect against pest introduction. These for export could be exposed to the pests allowed to be imported into the United measures would apply only to the five identified above is decreased to a States only as bare-rooted plants. genera of artificially dwarfed (penjing) negligible level. The regulations in § 319.37–8(g) plants identified in this proposed rule 2. We propose to require the mother provide that we will evaluate a request and would supplement the general plants from which the artificially such as that made by China to allow the requirements that apply to all plants dwarfed (penjing) plants are produced importation of additional taxa of plants that are imported in growing media to be visually inspected by an APHIS established in growing media using under § 319.37–8(e). Descriptions of inspector or an inspector of CAPQ and specific pest risk evaluation standards. each of these risk management measures found free of evidence of Paratrophorus We conduct that assessment to follow. We propose to add these risk spp., Tylenchorhynchus crassicaudatus, determine the plant pest risks associated management measures to the regulations and Tylenchorhynchus leviterminalis with each requested plant article and to in § 319.37–8(e). nematodes and the following species- determine whether or not we will 1. We propose to require that the specific diseases and organisms: propose to allow the requested plant propagative materials used to produce • For Buxus spp.: Guignardia article established in growing media to the artificially dwarfed (penjing) plants miribelii, Macrophoma ehretia, Meliola be imported into the United States. The enter an approved greenhouse as either buxicola, and Puccinia buxi. pest risk evaluation, the standards for seeds, tissue cultures, unrooted cuttings, • For Ehretia spp.: Macrophoma which are set forth in § 319.37–8(g)(1) or rooted cuttings. If the rooted cuttings ehretia, Phakopsora ehretiae, through (g)(4), involves collecting were grown in soil, the soil would be Pseudocercosporella ehretiae, commodity information, cataloging required to be sampled and found free Pseudocercospora ehretiae-thyrsiflora, quarantine pests, conducting individual from, or fumigated for, the nematodes Uncinula ehretiae, Uredo ehretiae, and pest risk assessments, and determining Paratrophorus spp., Tylenchorhynchus Uredo garanbiensis. an overall estimation of risk based on a crassicaudatus, and Tylenchorhynchus • For Podocarpus spp.: compilation of the component leviterinalis within the 12 months prior Pestalosphaeria jinggangensis, estimates. to the introduction of the plants into the Pestalotia diospyri, Phellinus noxius, After receiving China’s request to greenhouse. Before rooted or unrooted and Sphaerella podocarpi. allow the importation of Buxus spp., cuttings are introduced into the • For Sageretia spp.: Aecidium Ehretia (Carmona) spp., Podocarpus greenhouse, they would be required to sageretiae. spp., Sageretia spp., and Serissa spp. be inspected and found free of pests and • For Serissa spp.: Melampsora artificially dwarfed (penjing) plants then treated with a pesticide dip, serissicola. established in growing media, we approved by CAPQ, that would control The above species-specific diseases conducted a pest risk assessment. The mites, scale insects, whiteflies, thrips, assessment is described in a qualitative, and fungi. Rooted cuttings would also and organisms were identified in ‘‘Pest pathway-initiated pest risk assessment be required to be treated with a Risk Assessments Penjing Plants from titled ‘‘Pest Risk Assessments Penjing nematicide dip in addition to or in China’’ as presenting, in the absence of Plants from China,’’ copies of which are conjunction with the pesticide dip. mitigation measures, both a high available through the person listed This requirement is necessary because likelihood of introduction and severe under FOR FURTHER INFORMATION the propagative materials used to economic consequences in the event of CONTACT. The pest risk assessment produce artificially dwarfed plants are an introduction. Inspectors can visually identified arthropod pests, mollusks, derived from mother plants that are not identify evidence of the presence of any nematodes, and fungi as the plant pests grown within the controlled of the above pests in Buxus spp., Ehretia most likely to travel with the plant and environment of a greenhouse. Mother spp., Podocarpus spp., Sageretia spp., having the greatest potential for plants that are grown outdoors and Serissa spp. This requirement will economic damage. Several of the pests necessarily present a high risk of help to ensure that propagative were identified in the pest risk infestation with nematodes, mites, scale materials used to produce artificially assessment for each genus. It is insects, whiteflies, thrips, and fungi dwarfed plants enter the greenhouse important to note, however, that our that, left untreated, could be spread to free from the pests identified above. pest risk assessment did not include a plants intended for export. These 3. We propose to require the risk management component, i.e., it did measures help to ensure that seeds, artificially dwarfed (penjing) plants to not take into account the mitigative tissue cultures, unrooted cuttings, or have been grown in an approved effects of the requirements of § 319.37– rooted cuttings enter the greenhouse greenhouse for at least 6 months 8(e), which are designed to establish free from such pests. If the rooted immediately prior to export. In addition and maintain a pest-free production cuttings were grown in soil, the soil to other phytosanitary procedures environment and ensure the use of pest- would have to be sampled and/or required under § 319.37–8(e), the free seeds or parent plants. fumigated for the nematodes greenhouses would have to have mesh We have determined that the existing Paratrophorus spp., Tylenchorhynchus screens with openings no larger than 0.6 regulations in § 319.37–8(e) that pertain crassicaudatus, and Tylenchorhynchus mm if the plants had been treated with to the importation of plants in growing leviterinalis because these nematodes broad spectrum pesticides at least once media would not, by themselves, were identified in the ‘‘Pest Risk a month for the 3 months before provide adequate protection against Assessments Penjing Plants from China’’ shipping. Otherwise, the vents and certain pests that may be present in as presenting, in the absence of openings of the greenhouse would have shipments of artificially dwarfed plants mitigation measures, both a high to be covered with mesh screens with from China that are established in likelihood of introduction and severe openings no larger than 0.2 mm. growing media. In order to address the economic consequences in the event of We are proposing this requirement pest risks posed by these plants, we an introduction. By sampling and/or because plants that have been grown in have identified additional risk fumigating soil for nematodes, and by an approved greenhouse for 6 months management measures related to applying pesticide dips to cuttings, and are easier to observe for signs of pest propagative cuttings, inspections, an additional nematicide dip to rooted infestations and generally pose less of a
VerDate 112000 17:08 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56805 risk of pest infestation due to their Order 12866 and Regulatory Flexibility expensive investment, with prices controlled environment. Further, we Act. ranging between $40 and $10,000 per have determined that treatment of the This proposed rule has been reviewed plant. Value increases with age, plants with broad spectrum pesticides under Executive Order 12866. The rule regardless of size. Information on the would decrease the possibility that has been determined to be not number of households that own penjing plants could be infested with pests such significant for the purposes of Executive plants is not available. However, if the as thrips and whiteflies that could Order 12866 and, therefore, has not size of the industry is an indicator, then otherwise enter the greenhouse through been reviewed by the Office of the number of households may be very Management and Budget. 0.6 mm mesh screens. In order to small. Currently, there are about 400 preclude infestations of those pests This proposal would allow five genera companies in the United States engaged without the use of broad spectrum of artificially dwarfed (penjing) plants in the production and distribution of pesticides, vents in the greenhouses established in approved growing media would be required to be screened with to be imported into the United States artificially dwarfed plants and related 0.2 mm mesh. from the People’s Republic of China. materials, with gross revenue of less Based on the pest risk assessment, we The five genera are: Buxus, Ehretia than $10 million. Most of these have determined that Buxus spp., (carmona), Podocarpus, Sageretia, and establishments are family owned and Ehretia (Carmona) spp., Podocarpus Serissa. Plants imported or offered for operated. Some are plant and seed spp., Sageretia spp., and Serissa spp. importation under this program would producers. Other companies are engaged artificially dwarfed (penjing) plants be required to be presented for in supplying tools and stands for established in growing media could be inspection at ports of entry with special artificially dwarfed plants. Still others imported from the People’s Republic of inspection and treatment facilities, and specialize in the production of pots and China under § 319.37–8(e) and the they would be allowed to enter the containers. Certain companies also additional conditions described in this United States only under specific produce business newsletters and proposed rule without posing any conditions designed to prevent the magazines or are otherwise engaged in greater plant pest risk than is posed by introduction of plant pests. consulting. Approximately 99 percent of the importation of these species as bare- In China, trained miniature or these firms are considered to be small artificially dwarfed artistic potted plants rooted plants under § 319.37–8(a). We entities. have also determined that sufficient are called penjing (most Americans are APHIS resources are available to more familiar with the related Japanese Artificially dwarfed plants imported implement or ensure implementation of term, bonsai). Penjing plants may range into the United States come from the the proposed mitigation measures from 4 to 60 inches in height. Various People’s Republic of China, Japan, and described above, as required under styles of potted penjing plants are the Republic of Korea. None of the § 319.37–8(g)(4)(ii) of the regulations. developed and shaped using specific artificially dwarfed plants are currently Therefore, we propose to amend the preferred varieties of trees and other imported in growing media. Between 5 regulations to allow Buxus spp., Ehretia plants most fitted to each particular and 10 companies import about 20,000 (Carmona) spp., Podocarpus spp., distinctive style. In China, there are over bare-rooted artificially dwarfed plants Sageretia spp., and Serissa spp. to be 160 species of trees, as well as a number (about 5,000 from China, 10,000 from imported in approved growing media of other plants, considered suitable for Japan, and 5,000 from Korea) annually. subject to those conditions. penjing development. Among the most To minimize the time between In this document, we are also commonly used are apricot, box, unpotting and repotting these plants so correcting the number of a footnote in camellia, carmonas, cypress, elm, the bare-rooted plants are not damaged, flowering quince, Fujian tea bush, § 319.37–8(e). they are shipped by air. Since the cost gingko, hedge, jasmine orange, juniper, of air shipment of these plants is based Fish and Wildlife Service Consultation maple, ornamental apple, pine, About Potential Impacts to Endangered pomegranate, sageretia, serissa, stone not only on weight but also on space Species yew, and yew podocarpus. Each school occupied, the cost per unit is quite high. APHIS has begun the process of of styles uses various combinations of The cost of transporting the plants in a informal consultation with the U.S. Fish these trees to painstakingly develop the growing media, by ship, would be lower and Wildlife Service 1 to assess the preferred miniature of the parent tree. than the current air freight cost. potential effects of this proposed rule on The objective is to make the penjing We expect that adoption of this endangered or threatened species. We plants look as natural, ancient, and proposed rule would cause a slight believe that the phytosanitary measures picturesque as their large relatives. decrease in the costs of business for that we have proposed would effectively Growing penjing plants is highly labor importers of artificially dwarfed plants. mitigate the risk of introducing intensive and requires much time. Some The cost reduction would be mainly quarantine pests. Therefore, we of these plants have been actively from reduced transportation expenses. currently have no reason to believe that cultivated for hundreds of years by The ability to import penjing plants in there would be effects on any succeeding generations. Penjing plants endangered or threatened species growing media would allow importers may be cultivated either from natural to use sea transport without risking the associated with this rulemaking. If, trees by cutting, pruning, and shaping, loss of valuable plants. The average during our consultation with the U.S. or propagated artificially through savings per importer would depend on Fish and Wildlife Service, we determine seeding, cutting, grafting, and a process that this proposal would have effects on known as layering. the number of penjing plants moved by endangered or threatened species, we The art of miniature tree gardening is air versus by sea. Those entities that opt will take appropriate action. Executive a relatively recent phenomenon in the to ship their products by sea could save United States. Because it is highly time as much as 50 percent per unit. If these 1 The U.S. Fish and Wildlife Service has consuming and very labor intensive, it savings were passed on to penjing recommended that APHIS enter into formal section buyers, consumers could benefit from 7 consultation, as required by the Endangered is practiced by a relatively small Species Act (ESA) for all Federal actions that may number of households. Acquiring the lower prices. affect species listed under the ESA. already developed trees can be an
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Since the price of other ornamental trees Reporting and recordkeeping Paratrophorus spp., Tylenchorhynchus and plants is relatively much lower than requirements, Rice, Vegetables. crassicaudatus, and Tylenchorhynchus penjing plants, their competitive Accordingly, we propose to amend 7 leviterinalis within the 12 months prior advantage over penjing plants would CFR part 319 as follows: to introduction of the plants into the continue to be great even with reduced greenhouse. prices for penjing plants. It is also PART 319ÐFOREIGN QUARANTINE (B) Inspection and treatment. When unlikely that more people would be NOTICES any cuttings are introduced into the drawn to purchase these plants as a greenhouse, they must be inspected and result of the proposed rule, as unique 1. The authority citation for part 319 found free of plant pests and then individual preferences are not changed would be revised to read as follows: treated with a pesticide dip, approved by such minor cost reductions. Authority: Title IV, Pub. L. 106–224, 114 by the Animal and Plant Quarantine Therefore, we expect that overall effects Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166 Service of the People’s Republic of of this proposed rule upon price and and 450; 21 U.S.C. 136 and 136a; 7 CFR 2.22, China, that will control mites, scale 2.80, and 371.3. competitiveness would be relatively insects, whiteflies, thrips, and fungi. insignificant. 2. In § 319.37–8, paragraph (e) would Rooted cuttings must also be treated Under these circumstances, the be amended as follows: with a nematicide dip in addition to or Administrator of the Animal and Plant a. By revising the introductory text. in conjunction with the pesticide dip. Health Inspection Service has b. In paragraph (e)(2)(ix), by removing The artificially dwarfed (penjing) plants determined that this action would not the word ‘‘and’’ at the end of the must be propagated from mother plants have a significant economic impact on paragraph. that have been visually inspected by an a substantial number of small entities. c. In paragraph (e)(2)(x)(B), by APHIS inspector or an inspector of the Executive Order 12988. removing the period at the end of the Animal and Plant Quarantine Service of This proposed rule has been reviewed paragraph and adding in its place a the People’s Republic of China, found under Executive Order 12988, Civil semicolon followed by the word ‘‘and’’. free of evidence of Paratrophorus spp., Justice Reform. If this proposed rule is d. By adding new paragraph (e)(2)(xi). Tylenchorhynchus crassicaudatus, and adopted: (1) All State and local laws and § 319.37±8 Growing media. Tylenchorhynchus leviterminalis regulations that are inconsistent with nematodes and found free of evidence of this rule will be preempted; (2) no * * * * * (e) A restricted article of any of the the following species-specific diseases retroactive effect will be given to this and organisms: rule; and (3) administrative proceedings following groups of plants may be imported established in an approved (1) For Buxus spp.: Guignardia will not be required before parties may miribelii, Macrophoma ehretia, Meliola file suit in court challenging this rule. growing medium listed in this paragraph if the article meets the buxicola, and Puccinia buxi. (2) For Ehretia spp.: Macrophoma National Environmental Policy Act conditions of this paragraph and is ehretia, Phakopsora ehretiae, accompanied by a phytosanitary APHIS has begun the process of Pseudocercosporella ehretiae, certificate issued by the plant protection preparing an environmental assessment Pseudocercospora ehretiae-thyrsiflora, service of the country in which the for this action. When the environmental Uncinula ehretiae, Uredo ehretiae, and article was grown that declares that the assessment has been completed, we will Uredo garanbiensis. publish a notice in the Federal Register article meets the conditions of this (3) For Podocarpus spp.: 10 that announces the availability of the paragraph: Alstroemeria, Ananas , Pestalosphaeria jinggangensis, environmental assessment and requests Anthurium Artificially dwarfed Pestalotia diospyri, Phellinus noxius, public comment on it. We will also (penjing) plants from the People’s and Sphaerella podocarpi. make the environmental assessment Republic of China as follows: (4) For Sageretia spp.: Aecidium available to the public for inspection on Buxus spp., Ehretia (Carmona) spp., sageretiae. the APHIS web site at http:// Podocarpus spp., Sageretia spp., and (5) For Serissa spp.: Melampsora www.aphis.usda.gov/ppd/ead/ Serissa spp., Begonia, Gloxinia (= serissicola. ppqdocs.html. Sinningia), Nidularium 10, Peperomia, (C) Growing. The artificially dwarfed The environmental assessment will be Polypodiophyta (=Filicales) (ferns), (penjing) plants must be grown in an prepared in accordance with: (1) The Rhododendron from Europe, approved greenhouse for at least 6 National Environmental Policy Act of Saintpaulia. months immediately prior to export. 1969 (NEPA), as amended (42 U.S.C. * * * * * (D) Greenhouse screens. Greenhouses 4321 et seq.), (2) regulations of the (2) * * * in which the artificially dwarfed Council on Environmental Quality for (xi) Artificially dwarfed (penjing) (penjing) plants are grown must have implementing the procedural provisions plants of the genera Buxus, Ehretia mesh screens with openings no larger of NEPA (40 CFR parts 1500–1508), (3) (Carmona), Podocarpus, Sageretia, and than 0.6 mm if the plants have been USDA regulations implementing NEPA Serissa from the People’s Republic of treated, at least once a month for the 3 (7 CFR part 1b), and (4) APHIS’ NEPA China must also meet the following months before shipping, with broad Implementing Procedures (7 CFR part conditions: spectrum pesticides. Otherwise, the 372). (A) Propagative cuttings. The vents and openings of an approved propagative materials used to produce greenhouse must be covered with mesh Paperwork Reduction Act the artificially dwarfed (penjing) plants screens with openings no larger than 0.2 This proposed rule contains no new may enter an approved greenhouse only mm. information collection or recordkeeping as seeds, tissue cultures, unrooted * * * * * requirements under the Paperwork cuttings, or rooted cuttings. If the rooted Reduction Act of 1995 (44 U.S.C. 3501 Done in Washington, DC, this 14th day of cuttings were grown in soil, the soil September 2000. et seq.). must have been sampled and found free Bobby R. Acord, List of Subjects in 7 CFR Part 319 from, or fumigated for, the nematodes Acting Administrator, Animal and Plant Bees, Coffee, Cotton, Fruits, Honey, Health Inspection Service. 10 These articles are bromeliads, and if imported Imports, Logs, Nursery stock, Plant into Hawaii, bromeliads are subject to postentry [FR Doc. 00–24133 Filed 9–19–00; 8:45 am] diseases and pests, Quarantine, quarantine in accordance with § 319.7–7. BILLING CODE 3410±34±P
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DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: At this time, the Animal and Plant Health Inspection Service (APHIS) does Background Animal and Plant Health Inspection not have a program to control EVA Service The regulations in 9 CFR part 75 because the disease is not perceived to (referred to below as the regulations) be widespread in the United States, and 9 CFR Part 75 govern the interstate movement of confirmed outbreaks are sporadic. horses, asses, ponies, mules, and zebras However, the equine industry within [Docket No. 99±074±1] that test positive for communicable the United States has requested that diseases. The purpose of the regulations APHIS initiate surveillance, control, and Equine Viral Arteritis is to prevent the interstate spread of possibly eradication of EVA and has communicable diseases in equines. indicated a willingness to assist in the AGENCY: Animal and Plant Health Equine viral arteritis (EVA) is not implementation of such programs. This Inspection Service, USDA. currently addressed by the regulations. document requests public comment on ACTION: Advance notice of proposed EVA is an acute, contagious, viral five possible programs to address EVA. rulemaking and request for comments. disease characterized by fever, edema, Each program is discussed below, and each succeeding program is more SUMMARY: conjunctivitis, nasal discharge, and We are soliciting public restrictive. comment to help us develop options for abortion. Aerosol transmission is the an equine viral arteritis regulatory principal means of the spread of Minimal Voluntary Program program for horses within the United infection among horses that are closely congregated in places such as The U.S. equine industry would States. Equine viral arteritis is primarily develop, manage, and monitor this a respiratory disease of horses. Equine racetracks, shows, and sales. However, the disease can also be spread program. This program would include viral arteritis is not widespread in the an educational program for equine venereally by infected stallions or United States; however, the equine producers and equine practitioners infected semen. In fact, infected industry within the United States regarding the etiology, treatment, and stallions play a significant role in regards the disease as a potentially prevention of EVA. In addition, this maintaining EVA infection in horse significant and increasing economic program would include a method, to be populations. threat. After evaluating public comment determined by the equine industry, to on the issues presented in this When a mare, gelding, or sexually identify infected semen and stallions document, we will determine whether immature colt becomes infected with that are shedders. APHIS would not to propose changes to our regulations. EVA, the disease will run its course and have regulatory involvement with this the animal will eliminate the virus. DATES: We invite you to comment on program. However, when a stallion becomes this docket. We will consider all infected with EVA, the EVA virus Voluntary Control Program comments that we receive by November localizes in the stallion’s reproductive 20, 2000. The U.S. equine industry would system, and the stallion becomes a develop, manage, and monitor this ADDRESSES: Please send your comment reservoir of the disease. As a program with cooperation from APHIS and three copies to: Docket No. 99–074– consequence, the EVA virus can be shed and individual States. This program 1, Regulatory Analysis and continuously in the stallion’s semen. If would include an educational program Development, PPD, APHIS, Suite 3C03, a stallion is serologically positive, it has for equine producers and equine 4700 River Road, Unit 118, Riverdale, a 50 percent chance of shedding the practitioners regarding the etiology, MD 20737–1238. virus in its semen. Virus isolation can treatment, and prevention of EVA. In Please state that your comment refers be performed on the stallion’s semen to addition, APHIS would quarantine to Docket No. 99–074–1. determine whether the stallion is imported stallions at the time of arrival You may read any comments that we shedding the EVA virus. If the stallion and test them to determine whether they receive on this docket in our reading is shedding the EVA virus in its semen, are serologically positive for EVA. room. The reading room is located in the stallion is considered a shedder. APHIS would also test imported equine room 1141 of the USDA South Building, Stallions that are shedders can infect semen for EVA at the time of arrival. 14th Street and Independence Avenue, mares during breeding, and infected APHIS would note the test results on SW., Washington, DC. Normal reading mares can spread the disease to their the import permit accompanying the room hours are 8 a.m. to 4:30 p.m., foals in utero or to other horses through stallion or semen, release the stallion or Monday through Friday, except aerosol transmission. semen, and notify animal health holidays. To be sure someone is there to EVA can pose a number of problems regulatory officials in the State of help you, please call (202) 690–2817 for horse owners, horse breeders, and destination of any that were positive. before coming. the equine performance industry. APHIS would recommend that each APHIS documents published in the Horses that have EVA antibodies, which State determine whether to conduct Federal Register, and related can be present due to vaccination further testing of positive stallions upon information, including the names of against the disease or infection with the entry into the State. organizations and individuals who have EVA virus, can be barred from entering APHIS would also recommend that commented on APHIS dockets, are foreign countries for racing or each State develop an EVA program that available on the Internet at http:// competition purposes. In addition, includes testing domestic stallions and www.aphis.usda.gov/ppd/rad/ semen collected from stallions that are semen for EVA and controlling the webrepor.html. shedders is barred from importation into intrastate movement of EVA-positive FOR FURTHER INFORMATION CONTACT: Dr. many countries. However, stallions, stallions that are shedders, Timothy Cordes, Senior Staff economically, the most damaging aspect and infected semen. In addition, APHIS Veterinarian, National Animal Health of EVA is that the disease can cause would recommend that States make all Programs Staff, VS, APHIS, 4700 River abortion in pregnant mares. Abortion test results for domestic and imported Road Unit 43, Riverdale, MD 20737– rates due to EVA can be as high as 70 stallions and semen a matter of public 1231; (301) 734–3279. percent. record.
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Voluntary and Uniform Control Program domestic and imported stallions and semen for EVA upon entry into the State The U.S. equine industry would semen a matter of public record. and record the test result on the semen’s health certificate. In addition, APHIS develop, manage, and monitor this Certification Program program with cooperation from APHIS would recommend that the State APHIS would develop this program and individual States. This program regulate the intrastate movement of with cooperation from individual States infected semen and stallions that are would include an educational program and the U.S. equine industry. This for equine producers and equine positive or shedding the EVA virus in program would include an educational accordance with the UM&R. Also, practitioners regarding the etiology, program for equine producers and treatment, and prevention of EVA. In APHIS would recommend that States equine practitioners regarding the make all test results for domestic and addition, APHIS would develop a etiology, treatment, and prevention of program standards document entitled, imported stallions and semen a matter EVA. It would include use of the UM&R of public record. ‘‘Uniform Methods and Rules—Equine previously described and a new Viral Arteritis’’ (UM&R). APHIS would component a certification program that Eradication Program draft this document with cooperation States could participate in. APHIS would develop this program from the States, the equine industry, As in the previous two programs and other interested entities. The UM&R with cooperation from individual States described, APHIS would quarantine and the U.S. equine industry. This would be based on standards set by the imported stallions at the time of arrival Office International des Epizooties and program would include an educational and test them to determine whether they program for equine producers and guidelines of the American Horse are serologically positive for EVA. Council. The UM&R would contain equine practitioners regarding the APHIS would also test imported equine etiology, treatment, and prevention of uniform standards that States could use semen for EVA at the time of arrival. for detecting, controlling, and EVA. It would include the use of the APHIS would note the test results on UM&R previously described. preventing EVA, as well as the import permit accompanying the Again, APHIS would quarantine all recommended standards for the stallion or semen and release the imported stallions at the time of arrival intrastate and interstate movement of stallion or semen. However, APHIS stallions that are serologically positive would release imported positive and test them to determine whether they for EVA, stallions that are shedders, and stallions and infected semen only to are serologically positive for EVA. infected semen. The UM&R would be States participating in the certification APHIS would move any imported available for use as a guidance program. In addition, APHIS would stallion that tested positive for EVA to document only. restrict the interstate movement of an APHIS-approved location for virus As in the Voluntary Control Program, known domestic infected semen and isolation testing to determine whether it APHIS would quarantine imported stallions that are positive or shedders to was a shedder. APHIS would also test stallions at the time of arrival and test those States participating in the imported equine semen for EVA at the them to determine whether they are certification program. time of arrival. APHIS would record the serologically positive for EVA. APHIS To be a participating State, a State test results on the import permit would also test imported equine semen would have to: (1) Conduct a virus accompanying the stallion or semen. If for EVA at the time of arrival. APHIS isolation test on positive stallions upon APHIS determined that a stallion was would note the test results on the movement into the State after release not a shedder or that the imported import permit accompanying the from APHIS import quarantine stations; semen was negative, we would release stallion or semen, release the stallion or (2) determine the serology of any the stallion or semen. Positive stallions semen, and notify animal health domestic stallion upon its entry into the would be allowed to proceed to their regulatory officials in the State of State, record the test result on the destination; however, we would destination of any that were positive. stallion’s health certificate, and conduct prohibit shedders and infected semen APHIS would recommend that positive a virus isolation test on stallions that from entering the United States. stallions be moved to an approved test positive; (3) test domestic equine Under this program, APHIS would location in the State of destination for semen for EVA upon entry into the State also require stallions and semen to be virus isolation testing by the State. and note the semen’s status on its health tested for EVA prior to interstate APHIS would also recommend that certificate; (4) regulate the intrastate movement. The test results would have each State develop an EVA program that movement of infected semen and to be recorded on the health certificate includes testing domestic stallions and stallions that are positive or shedding accompanying the stallion or semen semen for EVA. As part of this program, the EVA virus in accordance with the interstate. Also, APHIS would require a APHIS would recommend that each UM&R. Also, APHIS would recommend permit for the interstate movement of State determine the serology of a that States make all test results for stallions that are shedders and infected stallion upon entry into the State and domestic and imported stallions and semen. APHIS would recommend that record its test result on the stallion’s semen a matter of public record. each State conduct a virus isolation test health certificate. APHIS would For a State that does not participate in on a stallion’s semen the first time it is recommend that the State conduct a the certification program, APHIS would used for breeding purposes in that State. virus isolation test on positive stallions. recommend that the State develop an APHIS would also recommend that APHIS would also recommend that each EVA program that includes testing infected semen and stallions that are State test equine semen for EVA upon domestic stallions and semen for EVA. positive or shedding the EVA virus be entry into the State and record its test As part of this program, APHIS would moved intrastate in accordance with the result on the semen’s health certificate. recommend that the State determine the UM&R. In addition, APHIS would APHIS would further recommend that serology of a stallion upon entry into the initiate an EVA-vaccination program for infected semen and stallions that are State, record the test result on the domestic mares. positive or shedding the EVA virus be stallion’s health certificate, and perform We welcome comments on the handled in accordance with the UM&R. a virus isolation test on stallions that options described above and encourage In addition, APHIS would recommend test positive. APHIS would also the submission of new options or any that States make all test results for recommend that the State test equine suggestions.
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Authority: 21 U.S.C, 111–113, 115, 117, SUPPLEMENTARY INFORMATION: the applicable provisions of 14 CFR part 120, 121, 123–126, and 134–134h; 7 CFR 23 as amended by Amendments 23–1 Comments Invited 2.22, 2.80, and 371.4. through 23–53, and selected portions of Done in Washington, DC this 14th day of Interested persons are invited to 14 CFR part 25 as provided for by 14 September 2000. participate in the making of these CFR part 21, §§ 21.16 and 21.17(a)(2); Bobby R. Acord, proposed special conditions by exemptions, if any; equivalent level of Acting Administrator, Animal and Plant submitting such written data, views, or safety findings, if any; and the special Health Inspection Service. arguments as they may desire. conditions adopted by this rulemaking [FR Doc. 00–24135 Filed 9–19–00; 8:45 am] Communications should identify the action. regulatory docket or notice number and BILLING CODE 3410±34±U If the Administrator finds that the be submitted in duplicate to the address applicable airworthiness regulations specified above. The Administrator will (i.e., part 23) do not contain adequate or consider all communications received appropriate safety standards for the Sino DEPARTMENT OF TRANSPORTATION on or before the closing date for Swearingen Model SJ30–2 because of a comments. The proposals described in novel or unusual design feature, special Federal Aviation Administration this action may be changed in light of conditions are prescribed under the the comments received. All comments provisions of § 21.16. 14 CFR Part 23 received will be available in the Rules In addition to the applicable Docket for examination by interested airworthiness regulations and special persons, both before and after the [Docket No. CE163; Notice No. 23±00±04± conditions, the Model SJ30–2 must SC] closing date for comments. A report comply with the part 23 fuel vent and summarizing each substantive public exhaust emission requirements of 14 Special Conditions: Sino Swearingen, contact with FAA personnel concerning CFR part 34 and the noise certification Model SJ30±2; Side-Facing Seat this rulemaking will be filed in the requirements of 14 CFR part 36, and the docket. Persons wishing the FAA to FAA must issue a finding of regulatory AGENCY: Federal Aviation acknowledge receipt of their comments adequacy pursuant to section 611 of Administration (FAA), DOT. submitted in response to this action Public Law 92–574, the ‘‘Noise Control must include with those comments a Act of 1972.’’ ACTION: Notice of proposed special self-addressed, stamped postcard on Special conditions, as appropriate, are conditions. which the following statement is made: issued in accordance with § 11.49 after ‘‘Comments to CE163.’’ The postcard public notice, as required by §§ 11.28 SUMMARY: This action proposes special will be date stamped and returned to the and 11.29(b), and become part of the conditions for the Sino Swearingen, commenter. type certification basis in accordance Model SJ30–2 airplane. This airplane with § 21.17(a)(2). will have a novel or unusual design Background feature(s) associated with side-facing On October 9, 1995, Sino Swearingen Novel or Unusual Design Features seats. The applicable airworthiness Aircraft Company, 1770 Sky Place The Model SJ30–2 will incorporate regulations do not contain adequate or Boulevard, San Antonio, Texas 78216, the following novel or unusual design appropriate safety standards for this applied for normal category type features: A side-facing seat occupiable design feature. These proposed special certificate for their new Model SJ30–2. for taxi, takeoff and landing. conditions contain the additional safety The Model SJ30–2 airplane is a six-to- standards that the Administrator eight place, all metal, low-wing, T-tail, FAA Position considers necessary to establish a level twin turbofan engine powered airplane The intent of these special conditions of safety equivalent to that established with fully enclosed retractable landing is to establish a level of safety for the by the existing airworthiness standards. gear. The SJ30–2 will have a VMO/ occupant of the side facing seat MMO of 320 knots/M=.83, and will consistent with the level afforded DATES: Comments must be received on have engines mounted aft on the occupants of the forward and aft facing or before October 20, 2000. fuselage. seats. The primary objective is that all ADDRESSES: Comments on this proposal The Model SJ30–2 airplane will occupants should have protection from may be mailed in duplicate to: Federal contain one side-facing seat. Side facing serious injuries, regardless of the Aviation Administration, Regional seats are considered a novel design and orientation of the seat system. Counsel, ACE–7, Attention: Rules were not considered when those Occupants of side facing seats are Docket, Docket No. CE163, 901 Locust, airworthiness standards were exposed to different physical loads than Room 506, Kansas City, Missouri 64106, promulgated. The FAA has determined forward facing occupants, such as or delivered in duplicate to the Regional that the existing regulations do not lateral body contact with armrests and Counsel at the above address. provide adequate or appropriate safety walls. Thus, a means to assess the Comments must be marked: CE163. standards for occupants of side-facing potential for injuries due to occupant Comments may be inspected in the single occupant seats. In order to loads imparted by lateral impacts must Rules Docket weekdays, except Federal provide a level of safety that is be imposed. holidays, between 7:30 a.m. and 4:00 equivalent to that afforded to occupants Therefore, the following special p.m. of forward and aft facing seats, conditions are considered to be additional airworthiness standards, in applicable to the side facing seat on the FOR FURTHER INFORMATION CONTACT: Les the form of additional special SJ30–2. Taylor, Federal Aviation conditions, are necessary. In addition to the airworthiness Administration, Aircraft Certification standards in §§ 23.562 and 23.785, the Service, Small Airplane Directorate, Type Certification Basis following special conditions provide the ACE–111, 901 Locust, Room 301, Under the provisions of 14 CFR 21.17, additional injury criteria and Kansas City, Missouri, 816–329–4134, Sino Swearingen Aircraft Company installation/testing guidelines that fax 816–329–4090. must show that the Model SJ30–2 meets represent the minimum acceptable
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 56810 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules airworthiness standards for side facing Applicant’s Position of airplane. It is not a rule of general seats: The intent of the criteria established applicability, and it affects only the applicant who applied to the FAA for 1. Injury Criteria is to provide an equivalent level of safety to that afforded to forward and aft approval of these features on the (a) Existing Criteria: All injury facing seats. The applicant concurs that airplane. protection criteria of § 23.562(c)(1) the test guidelines and injury criteria List of Subjects in 14 CFR Part 23 through (c)(7) and § 23.785 apply to the defined achieve that goal with the Aircraft, Aviation safety, Signs and occupant of a side facing seat. Head following exceptions and clarifications. Injury Criteria (HIC) assessments are 1. In the assessment of the TTI and symbols. only required for head contact with pelvic lateral accelerations for the test Citation either the seat or adjacent structures or condition defined in Item 2(a), the The authority citation for these both. applicant proposes to retain the option special conditions is as follows: (b) Body-to-wall/furnishing contact: of using either the SID ATD as defined The seat must be installed aft of a or, alternately, the EuroSID ATD as Authority: 49 U.S.C. 106(g), 40113 and structure such as an interior wall or defined by the Official Journal of 44701; 14 CFR 21.16 and 21.17 for TC; and furnishing that will support the pelvis, European Communities, L169 Volume 14 CFR 11.28 and 11.29(b). upper arm, chest, and head of an 39, dated July 8, 1996, Directive 96/27/ The Proposed Special Conditions occupant seated next to the structure. EC and amending Directive 70/156/EEC. Accordingly, the Federal Aviation Horizontal tests of the seat must include The applicant considers both the SID Administration (FAA) proposes the representative structures for the forward and the EuroSID to be acceptable ATD’s following special conditions as part of wall. The wall must include for the showing of compliance with the the type certification basis for the Sino attachments that represent the geometry, requirements of Item 2(a). strength, and stiffness of the airplane 2. The designation of ‘‘seat/restraint Swearingen Aircraft Company Model installation. If there are structures systems * * * installed in the first row’’ SJ30–2 airplane applicable to side- forward of the wall that will affect the given in § 23.562 is applied to the crew facing seats occupiable during taxi, deformation of the wall, these structures seats located on the flight deck. The takeoff, and landing. must be addressed in the test procedure. designation of ‘‘all other seat/restraint 1. Injury Criteria The contact surface of this structure systems’’ given in § 23.562 is applicable (a) Existing Criteria: All injury must be covered with at least two inches to all SJ30–2 seats other than those protection criteria of § 23.562(c)(1) of energy absorbing protective foam, located on the flight deck. Therefore, the through (c)(7) and § 23.785 apply to the such as ensolite. test conditions of Items 2(a) and 2(b) occupant of a side facing seat. Head (c) Thoracic Trauma: Testing with a shall be in accordance with the 21G Injury Criteria (HIC) assessments are Side Impact Dummy (SID), as defined pulse defined in § 23.562(b)(2) with the only required for head contact with by 49 CFR part 572, Subpart F, or its exceptions noted, and the test either the seat or adjacent structures or equivalent, must be conducted and conditions of Item 2(c) shall be in both. Thoracic Trauma Index (TTI) injury accordance with the 15G pulse defined criteria acquired with the SID must be (b) Body-to-wall/furnishing contact: in § 23.562(b)(1) with the exceptions The seat must be installed aft of a less than 85, as defined in 49 CFR part noted. 572, Subpart F. SID TTI data must be structure such as an interior wall or processed as defined in Federal Motor Applicability furnishing that will support the pelvis, Vehicle Safety Standard (FMVSS) As discussed above, these special upper arm, chest, and head of an § 571.214, S 6.13.5. Rational analysis, conditions are applicable to the Model occupant seated next to the structure. comparing an installation with another SJ30–2. Should Sino Swearingen Horizontal tests of the seat must include installation where TTI data were Aircraft Company apply at a later date representative structures for the forward acquired and found acceptable, may for a change to the type certificate to wall. The wall must include also be viable. include another model incorporating the attachments that represent the geometry, (d) Pelvis: Pelvic lateral acceleration same novel or unusual design feature, strength, and stiffness of the airplane must not exceed 130g. Pelvic the special conditions would apply to installation. If there are structures acceleration data must be processed as that model as well under the provisions forward of the wall that will affect the defined in FMVSS § 571.214, S 6.13.5. of § 21.101(a)(1). deformation of the wall, these structures must be addressed in the test procedure. 2. General Test Guidelines Conclusion The contact surface of this structure (a) One test with the SID The special conditions proposed in must be covered with at least two inches Anthropomorphic Test Dummy (ATD), the FAA position are acceptable. The of energy absorbing protective foam, undeformed floor, no yaw, and with all conditions requested by the applicant such as ensolite. lateral structural supports (armrests/ are as follows: (c) Thoracic Trauma: Testing with a walls). 1. The EuroSID–1 ATD as defined in Side Impact Dummy (SID), as defined Pass/fail injury assessments: TTI; and the Applicant’s Position is considered by 49 CFR part 572, Subpart F, or its pelvic acceleration. an acceptable equivalent for the equivalent, must be conducted and (b) One test with the Hybrid II ATD, purposes of the tests defined in these Thoracic Trauma Index (TTI) injury or equivalent, deformed floor, with 10 special conditions. criteria acquired with the SID must be degrees yaw, and with all lateral 2. The applicants position which is less than 85, as defined in 49 CFR part structural supports (armrests/walls). consistent with Advisory Circular 572, Subpart F. SID TTI data must be Pass/fail injury assessments: HIC; and 23.562–1, page 4, shows a table in processed as defined in Federal Motor upper torso restraint system retention which ‘‘crew’’ seats are shown to meet Vehicle Safety Standard (FMVSS) and pelvic acceleration. the 19/26G pulses and passenger seats § 571.214, S 6.13.5. Rational analysis, (c) Vertical test to be conducted with are shown to meet the 15/21 G pulses. comparing an installation with another modified Hybrid II ATD’s with existing This action affects only certain novel installation where TTI data were pass/fail criteria. or unusual design features on one model acquired and found acceptable, may
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56811 also be viable. The use of the EuroSID– and to add information regarding SUPPLEMENTARY INFORMATION: 1 as defined by the Official Journal of operation in icing conditions; installing Comments Invited European Communities, L169 Volume an ice detector system; and revising the 39, dated July 8, 1996, Directive 96/27/ AFM to include procedures for testing Interested persons are invited to EC and amending Directive 70/156/EEC system integrity. This action would participate in the making of the is considered acceptable for the require installing the ice detector system proposed rule by submitting such collection of this data. in accordance with revised procedures. written data, views, or arguments as they may desire. Communications shall (d) Pelvis: Pelvic lateral acceleration This proposal is prompted by issuance identify the Rules Docket number and must not exceed 130g. Pelvic of mandatory continuing airworthiness acceleration data must be processed as be submitted in triplicate to the address information by a foreign civil defined in FMVSS § 571.214, S 6.13.5. specified above. All communications airworthiness authority. The actions received on or before the closing date 2. General Test Guidelines specified by the proposed AD are for comments, specified above, will be (a) One test with the SID intended to ensure that the flightcrew is considered before taking action on the Anthropomorphic Test Dummy (ATD) able to recognize the formation of proposed rule. The proposals contained or the EuroSID–1, as defined above, significant ice accretion and take in this notice may be changed in light undeformed floor, no yaw, and with all appropriate action; such formation of of the comments received. lateral structural supports (armrests/ ice could result in reduced Submit comments using the following walls). controllability of the airplane in normal format: Pass/fail injury assessments: TTI; and icing conditions. • Organize comments issue-by-issue. pelvic acceleration. For example, discuss a request to DATES: (b) One test with the Hybrid II ATD, Comments must be received by change the compliance time and a or equivalent, deformed floor, with 10 October 20, 2000. request to change the service bulletin degrees yaw, and with all lateral ADDRESSES: Submit comments in reference as two separate issues. structural supports (armrests/walls). triplicate to the Federal Aviation • For each issue, state what specific Pass/fail injury assessments: HIC; and Administration (FAA), Transport change to the proposed AD is being upper torso restraint system retention Airplane Directorate, ANM–114, requested. and pelvic acceleration. • Include justification (e.g., reasons or (c) Vertical test to be conducted with Attention: Rules Docket No. 2000–NM– 125–AD, 1601 Lind Avenue, SW., data) for each request. modified Hybrid II ATD’s with existing Comments are specifically invited on pass/fail criteria. Renton, Washington 98055–4056. the overall regulatory, economic, (d) G-loads used in 2(a), 2(b) and 2(c) Comments may be inspected at this environmental, and energy aspects of are those defined in 14 CFR part 23, location between 9:00 a.m. and 3:00 the proposed rule. All comments § 23.562(b), for first row (crew) and p.m., Monday through Friday, except submitted will be available, both before other rows (passenger) seats. Federal holidays. Comments may also and after the closing date for comments, Issued in Kansas City, Missouri on be sent via the Internet using the in the Rules Docket for examination by September 6, 2000. following address: 9-anm- interested persons. A report Michael Gallagher, [email protected]. Comments sent summarizing each FAA-public contact Manager, Small Airplane Directorate, Aircraft via the Internet must contain ‘‘Docket concerned with the substance of this Certification Service. No. 2000–NM–125–AD’’ in the subject proposal will be filed in the Rules [FR Doc. 00–23811 Filed 9–19–00; 8:45 am] line and need not be submitted in Docket. BILLING CODE 4910±13±P triplicate. Comments sent via the Commenters wishing the FAA to Internet as attached electronic files must acknowledge receipt of their comments be formatted in Microsoft Word 97 for submitted in response to this notice DEPARTMENT OF TRANSPORTATION Windows or ASCII text. must submit a self-addressed, stamped postcard on which the following The service information referenced in Federal Aviation Administration statement is made: ‘‘Comments to the proposed rule may be obtained from Docket Number 2000–NM–125–AD.’’ 14 CFR Part 39 Empresa Brasileira de Aeronautica S.A. The postcard will be date stamped and (EMBRAER), P.O. Box 343—CEP 12.225, returned to the commenter. [Docket No. 2000±NM±125±AD] Sao Jose dos Campos—SP, Brazil. This RIN 2120±AA64 information may be examined at the Availability of NPRMs FAA, Transport Airplane Directorate, Any person may obtain a copy of this Airworthiness Directives; Empresa 1601 Lind Avenue, SW., Renton, NPRM by submitting a request to the Brasileira de Aeronautica, S.A. Washington; or at the FAA, Atlanta FAA, Transport Airplane Directorate, (EMBRAER), Model EMB±120 Series Aircraft Certification Office, One Crown ANM–114, Attention: Rules Docket No. Airplanes Center, 1895 Phoenix Boulevard, suite 2000–NM–125–AD, 1601 Lind Avenue, AGENCY: Federal Aviation 450, Atlanta, Georgia. SW., Renton, Washington 98055–4056. Administration, DOT. FOR FURTHER INFORMATION CONTACT: Discussion ACTION: Notice of proposed rulemaking Carla Worthey, Program Manager, (NPRM). On December 11, 1997, the FAA Program Management & Services issued AD 97–26–06, amendment 39– SUMMARY: This document proposes the Branch, ACE–118A, FAA, Atlanta 10249 (62 FR 66512, December 19, supersedure of an existing airworthiness Aircraft Certification Office, One Crown 1997), applicable to all EMBRAER directive (AD), applicable to all Center, 1895 Phoenix Boulevard, suite Model EMB–120 series airplanes, to EMBRAER Model EMB–120 series 450, Atlanta, Georgia 30349; telephone require revising the Airplane Flight airplanes, that currently requires (770) 703–6062; fax (770) 703–6097. Manual (AFM) to include requirements revising the Airplane Flight Manual for activation of the ice protection (AFM) to include requirements for systems and to add information activation of the ice protection systems regarding operation in icing conditions;
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 56812 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules installing an ice detector system; and The DAC classified Change 02 and utilization of the affected fleet, and the revising the AFM to include procedures subsequent revisions of the service time necessary to install the ice detector for testing system integrity. That action bulletin as mandatory and issued system. In light of these factors, the FAA was prompted by reports indicating that Brazilian airworthiness directive 97–06– finds a 30-day compliance time for flightcrews experienced difficulties 03R1, dated December 15, 1997, in order initiating the required actions to be controlling the airplane during (or to ensure the continued airworthiness of warranted, in that it represents an following) flight in normal icing these airplanes in Brazil. appropriate interval of time allowable for affected airplanes to continue to conditions, when the ice protection FAA’s Conclusions system either was not activated when operate without compromising safety. This airplane model is manufactured ice began to accumulate on the airplane, Cost Impact or the ice protection system was never in Brazil and is type certificated for activated. These difficulties may have operation in the United States under the There are approximately 250 occurred because the flightcrews did not provisions of section 21.29 of the airplanes of U.S. registry that would be recognize that a significant enough Federal Aviation Regulations (14 CFR affected by this proposed AD. amount of ice had formed on the 21.29) and the applicable bilateral The AFM revisions currently required airplane to require activation of the airworthiness agreement. Pursuant to by AD 97–26–06 and retained in this deicing equipment. The requirements of this bilateral airworthiness agreement, proposed AD take approximately 1 work that AD are intended to ensure that the the DAC has kept the FAA informed of hour per airplane to accomplish, at an flightcrew is able to recognize the the situation described above. The FAA average labor rate of $60 per work hour. formation of significant ice accretion has examined the findings of the DAC, Based on these figures, the cost impact and take appropriate action; such reviewed all available information, and of the AFM revision on U.S. operators formation of ice could result in reduced determined that AD action is necessary is estimated to be $60 per airplane. controllability of the airplane in normal for products of this type design that are The complete installation currently icing conditions. certificated for operation in the United required by AD 97–26–06 and retained States. in this proposed AD takes Actions Since Issuance of Previous Rule approximately 53 work hours per Explanation of Requirements of airplane to accomplish, at an average Since the issuance of that AD, the Proposed Rule labor rate of $60 per work hour. Departmento de Aviacao Civil (DAC), Since an unsafe condition has been which is the airworthiness authority for Required parts would cost identified that is likely to exist or approximately $13,054 per airplane. Brazil, has advised the FAA that certain develop on other airplanes of the same procedures (required by AD 97–26–06) Based on these figures, the cost impact type design registered in the United of the installation on U.S. operators is for installing the ice detector system States, the proposed AD would improperly affect the logic of the estimated to be $16,234 per airplane. supersede AD 97–26–06 to continue to The additional installations described deicing system warning messages. The require revising the Airplane Flight in Parts III and IV of EMBRAER Service manufacturer has issued revised Manual (AFM) to include requirements Bulletin 120–30–0027 (Change 02, 03, or procedures. for activation of the ice protection 04) would each take approximately 5 Explanation of Relevant Service systems and to add information work hours per airplane. The additional Information regarding operation in icing conditions; tests described in Part VI would take installing an ice detector system; and EMBRAER has issued Service Bulletin approximately 2 work hours per revising the AFM to include procedures 120–30–0027, Change 02, dated airplane to accomplish. The average for testing system integrity. The December 3, 1997; Change 03, dated labor rate is $60 per work hour. proposed AD would require that the ice June 26, 1998; and Change 04, dated Information regarding the cost of parts detector system be installed in July 13, 1999. The service bulletin required to accomplish the accordance with revised procedures. describes procedures for installing an modifications described in Parts III and The actions would be required to be ice detector system. The procedures IV is unavailable at this time; there accomplished in accordance with the described in Changes 02–04 differ in would be no cost for parts required to AFM revisions, and in accordance with several ways from those described in the complete Part VI. Based on these Change 02, 03, or 04 of the service original version of the service bulletin figures, the cost impact of the additional bulletin, all described previously. (which was cited in AD 97–26–06 as the modifications and tests proposed by this appropriate source of service Difference Between Proposed AD and AD on U.S. operators required for those information for the installation) and its Foreign Airworthiness Directive airplanes that have previously complied first revision. Changes 02–04 provide: with the original issue or Change 01 of This proposed AD and the Brazilian the service bulletin is estimated to be as • Additional actions for airplanes airworthiness directive differ in the high as $420 per airplane (excluding modified in accordance with the compliance times to install the ice parts). original or first revised service bulletin. detector system. The Brazilian • The cost impact figures discussed Additional installation instructions airworthiness directive mandated the above are based on assumptions that no for airplanes that were originally installation by June 1, 1998 (6 months operator has yet accomplished any of equipped with provisions only for the after the effective date). However, the the current or proposed requirements of system installation. FAA has determined that an interval of • this AD action, and that no operator Information to correct the system six months would not address the would accomplish those actions in the accomplishment. identified unsafe condition in a timely future if this AD were not adopted. • Correction of certain editorial manner. In developing an appropriate errors. compliance time for this AD, the FAA Regulatory Impact • Correction of certain effectivity considered not only the manufacturer’s The regulations proposed herein listings. recommendation, but the degree of would not have a substantial direct • Correction of information in certain urgency associated with addressing the effect on the States, on the relationship steps related to follow-up testing. subject unsafe condition, the average between the national Government and
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Therefore, To ensure that the flightcrew is able to Minimum Airspeed—APPROPRIATE TO it is determined that this proposal recognize the formation of significant ice FLAP POSITION (See Table Below) accretion, which could result in reduced would not have federalism implications controllability of the airplane in normal icing Minimum recommended air- under Executive Order 13132. conditions, accomplish the following: Gear/Flap For the reasons discussed above, I speed Restatement of Certain Requirements of AD certify that this proposed regulation (1) ° 97–26–06 UP/0 ...... 150 KIAS is not a ‘‘significant regulatory action’’ UP/15° ...... 130 KIAS under Executive Order 12866; (2) is not (a) Within 30 days after January 23, 1998 (the effective date of AD 97–26–06, a ‘‘significant rule’’ under the DOT Under OPERATION IN ICING Regulatory Policies and Procedures (44 amendment 39–10249), accomplish paragraphs (a)(1) and (a)(2) of this AD. CONDITIONS for FLYING INTO ICING FR 11034, February 26, 1979); and (3) if CONDITION, replace the current AFM promulgated, will not have a significant AFM Revisions—Limitations Section section information for normal icing economic impact, positive or negative, (1) Revise the Limitations Section of the conditions with the following: on a substantial number of small entities FAA-approved Airplane Flight Manual —During flight, monitoring for icing under the criteria of the Regulatory (AFM) to include the following requirements conditions should start whenever the Flexibility Act. A copy of the draft for activation of the ice protection systems. indicated outside air temperature is near regulatory evaluation prepared for this This may be accomplished by inserting a or below freezing or when operating into copy of this AD in the AFM. icing conditions, as specified in the action is contained in the Rules Docket. TURN ON ICE PROTECTION SYSTEM and A copy of it may be obtained by Limitations Section of this manual. IGNITION SWITCHES AS FOLLOWS: —When operating in icing conditions, the contacting the Rules Docket at the • AOA, TAT, SLIP, ENGINE AIR INLET, front windshield corners (unheated location provided under the caption and IGNITION SWITCHES: areas), propeller spinners, and wing ADDRESSES. —When atmospheric or ground icing leading edges will provide good visual List of Subjects in 14 CFR Part 39 conditions exist. cues of ice accretion. • PROPELLER: —For airplanes equipped with an ice Air transportation, Aircraft, Aviation —When atmospheric or ground icing detection system, icing conditions will safety, Safety. conditions exist, OR also be indicated by the illumination of —At the first sign of ice formation the ICE CONDITION light on the The Proposed Amendment anywhere on the aircraft. • multiple alarm panel. Accordingly, pursuant to the WING and TAIL LEADING EDGES, and —When atmospheric or ground icing authority delegated to me by the WINDSHIELD: conditions exist, proceed as follows: —At the first sign of ice formation Administrator, the Federal Aviation AOA, TAT, SLIP, and ENGINE AIR anywhere on the aircraft. Administration proposes to amend part INLET—ON Note: On takeoff, delay activation of the IGNITION Switches—ON 39 of the Federal Aviation Regulations wing and tail leading edge de-ice systems (14 CFR part 39) as follows: AIRSPEED (Flaps and Gear UP)—60 KIAS until reaching the final segment speed. MINIMUM PART 39ÐAIRWORTHINESS Note: Atmospheric icing conditions exist —When atmospheric or ground icing DIRECTIVES when: conditions exist, OR —Indicated Outside Air Temperature —At the first sign of ice formation 1. The authority citation for part 39 (OAT) during ground operations or Total Air anywhere on the aircraft, proceed as continues to read as follows: Temperature (TAT) in flight is 10 degrees C follows: or below; and Authority: 49 U.S.C. 106(g), 40113, 44701. PROPELLER Deicing Switch—ON —Visible moisture in any form is present Select NORM mode if indicated OAT is § 39.13 [Amended] (such as clouds, fog with visibility of one above ¥10°C (14°F) or COLD mode if mile or less, rain, snow, sleet, or ice crystals). 2. Section 39.13 is amended by indicated OAT is below ¥10°C (14°F). removing amendment 39–10249 (62 FR Note: Ground icing conditions exist when: —At the first sign of ice formation 66512, December 19, 1997), and by —Indicated OAT during ground operations anywhere on the aircraft, proceed as adding a new airworthiness directive is 10 degrees C or below; and follows: —Surface snow, standing water, or slush is WINDSHIELD—ON (AD), to read as follows: present on the ramps, taxiways, or runways. WING and TAIL LEADING EDGE—ON Empresa Brasileira de Aeronautica, S.A. Visually evaluate the severity of the ice (EMBRAER): Docket 2000–NM–125–AD. Note: For Operation in Atmospheric Icing Conditions: encounter and the rate of accretion and select Supersedes AD 97–26–06, Amendment light or heavy mode (1-minute or 3-minute 39–10249. —Follow the procedures in the Normal cycle) based on this evaluation. Applicability: All Model EMB–120 series Procedures Section under ‘‘Operation in airplanes, certificated in any category. Icing Conditions.’’ Note: On takeoff, delay activation of the wing and tail leading edge de-ice systems Note 1: This AD applies to each airplane AFM Revisions—Normal Procedures Section until reaching the final segment speed. identified in the preceding applicability provision, regardless of whether it has been (2) Revise the Normal Procedures Section Note: The minimum NH required for modified, altered, or repaired in the area of the FAA-approved AFM to include the proper operation of the pneumatic deicing subject to the requirements of this AD. For following additional and revised information system is 80%. At lower NH values, the airplanes that have been modified, altered, or regarding operation in icing conditions. This pneumatic deicing system may not totally repaired so that the performance of the may be accomplished by inserting a copy of inflate, and the associated failure lights on this AD in the AFM. requirements of this AD is affected, the the overhead panel may illuminate. If this ‘‘Under DAILY CHECKS of the Ice owner/operator must request approval for an occurs, increase NH. alternative method of compliance in Protection System, add the following: accordance with paragraph (c)(1) of this AD. The following tests must be performed Holding configuration: The request should include an assessment of prior to the first flight of the day for which Landing Gear Lever—UP the effect of the modification, alteration, or known or forecast icing conditions are Flap Selector Lever—UP repair on the unsafe condition addressed by anticipated. NP—85% MINIMUM this AD; and, if the unsafe condition has not Ice Detector System TEST Button (if Increase NP as required to eliminate been eliminated, the request should include installed)—PRESS propeller vibrations. specific proposed actions to address it. Check normal test sequence. Approach and Landing procedure:
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Increase approach and landing speeds, Note 3: The subject of this AD is addressed the following address: 9-anm- according to the following flap settings, until in Brazilian airworthiness directive 97–06– [email protected]. Comments sent landing is assured. Reduce airspeed to cross 03R1, dated December 15, 1997. via fax or the Internet must contain runway threshold (50 ft) at VREF. ‘‘Docket No. 99–NM–381–AD’’ in the Flaps 15—Increase Speed by 10 KIAS Issued in Renton, Washington, on (130+10) September 14, 2000. subject line and need not be submitted Flaps 25—Increase Speed by 10 KIAS Donald L. Riggin, in triplicate. Comments sent via the (VREF25+10) Acting Manager, Transport Airplane Internet as attached electronic files must Flaps 45—Increase Speed by 5 KIAS Directorate, Aircraft Certification Service. be formatted in Microsoft Word 97 for (VREF45+5) [FR Doc. 00–24117 Filed 9–19–00; 8:45 am] Windows or ASCII text. Go-Around procedure: BILLING CODE 4910±13±U The service information referenced in Reduce values from Maximum Landing the proposed rule may be obtained from Weight Approach Climb Limited charts by: Airbus Industrie, 1 Rond Point Maurice 1500 lbs. for PW 118 Engines 1544 lbs. for PW 118A and 118B Engines DEPARTMENT OF TRANSPORTATION Bellonte, 31707 Blagnac Cedex, France. Flaps 15—Increase approach climb speed This information may be examined at by 10 KIAS (V2+10); Federal Aviation Administration the FAA, Transport Airplane Decrease approach climb gradient by: Directorate, 1601 Lind Avenue, SW., 3.0% for PW 118 Engines 14 CFR Part 39 Renton, Washington. 2.9% for PW 118A and 118B Engines FOR FURTHER INFORMATION CONTACT: Flaps 25—Increase landing climb speed by [Docket No. 99±NM±381±AD] Norman B. Martenson, Manager, 10 KIAS (VREF25+10) RIN 2120±AA64 Flaps 45—Increase landing climb speed by International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 5 KIAS (VREF+5) Airworthiness Directives; Airbus Model Caution: The ice protection systems must A319, A320, and A321 Series Airplanes Lind Avenue, SW., Renton, Washington be turned on immediately (except leading 98055–4056; telephone (425) 227–2110; edge de-icers during takeoff) when the ICE AGENCY: Federal Aviation fax (425) 227–1149. CONDITION light illuminates on the Administration, DOT. SUPPLEMENTARY INFORMATION: multiple alarm panel or when any ice ACTION: Notice of proposed rulemaking accretion is detected by visual observation or Comments Invited other cues. (NPRM). Caution: Do not interrupt the automatic Interested persons are invited to SUMMARY: This document proposes the sequence of operation of the leading edge de- participate in the making of the ice boots once it is turned ON. The system supersedure of an existing airworthiness proposed rule by submitting such should be turned OFF only after leaving the directive (AD), applicable to certain written data, views, or arguments as icing conditions and after the protected Airbus Model A319, A320, and A321 they may desire. Communications shall surfaces of the wing are free of ice.’’ series airplanes, that currently requires identify the Rules Docket number and repetitive inspections to detect wear of New Requirements of this AD—Ice Detector be submitted in triplicate to the address Installation the inboard flap trunnions, and to detect specified above. All communications wear or debonding of the protective received on or before the closing date (b) For airplanes identified in any of Parts half-shells; and corrective actions, if I, II, III, IV, V, and VI of EMBRAER Service for comments, specified above, will be Bulletin 120–30–0027, Change 02, dated necessary. This proposal would require considered before taking action on the December 3, 1997; Change 03, dated June 26, accomplishment of the previously proposed rule. The proposals contained 1998; or Change 04, dated July 13, 1999: optional terminating action. This in this notice may be changed in light Within 30 days after the effective date of this proposal is prompted by issuance of of the comments received. AD, install an ice detector system in mandatory continuing airworthiness Submit comments using the following accordance with the service bulletin. information by a foreign civil format: Alternative Methods of Compliance airworthiness authority. The actions • Organize comments issue-by-issue. specified by the proposed AD are (c)(1) An alternative method of compliance For example, discuss a request to or adjustment of the compliance time that intended to prevent chafing and change the compliance time and a provides an acceptable level of safety may be resultant wear damage on the inboard request to change the service bulletin used if approved by the Manager, Atlanta flap drive trunnions or on the protective reference as two separate issues. Aircraft Certification Office, FAA. Operators half-shells, which could result in failure • For each issue, state what specific shall submit their requests through an of the trunnion primary load path; this change to the proposed AD is being appropriate FAA Principal Maintenance would adversely affect the fatigue life of requested. Inspector, who may add comments and then the secondary load path and could lead • Include justification (e.g., reasons or send it to the Manager, Atlanta ACO. to loss of the flap. (2) Alternative methods of compliance, data) for each request. approved previously in accordance with AD DATES: Comments must be received by Comments are specifically invited on 97–26–06, amendment 39–10249, are October 20, 2000. the overall regulatory, economic, approved as alternative methods of ADDRESSES: Submit comments in environmental, and energy aspects of compliance with this AD. triplicate to the Federal Aviation the proposed rule. All comments Note 2: Information concerning the Administration (FAA), Transport submitted will be available, both before existence of approved alternative methods of Airplane Directorate, ANM–114, and after the closing date for comments, compliance with this AD, if any, may be Attention: Rules Docket No. 99–NM– in the Rules Docket for examination by obtained from the Atlanta ACO. 381–AD, 1601 Lind Avenue, SW., interested persons. A report Special Flight Permits Renton, Washington 98055–4056. summarizing each FAA-public contact Comments may be inspected at this concerned with the substance of this (d) Special flight permits may be issued in accordance with sections 21.197 and 21.199 location between 9 a.m. and 3 p.m., proposal will be filed in the Rules of the Federal Aviation Regulations (14 CFR Monday through Friday, except Federal Docket. 21.197 and 21.199) to operate the airplane to holidays. Comments may be submitted Commenters wishing the FAA to a location where the requirements of this AD via fax to (425) 227–1232. Comments acknowledge receipt of their comments can be accomplished. may also be sent via the Internet using submitted in response to this notice
VerDate 112000 17:08 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56815 must submit a self-addressed, stamped procedures have been clarified in and to require accomplishment of the postcard on which the following Revision 02. Accomplishment of this previously optional terminating action. statement is made: ‘‘Comments to modification would eliminate the need The actions would be required to be Docket Number 99–NM–381–AD.’’ The for repetitive inspections. The DGAC accomplished in accordance with the postcard will be date stamped and approved this service bulletin and service bulletins described previously. returned to the commenter. issued French airworthiness directive The proposed AD also would revise 1996–271–092(B) R3, dated August 11, Availability of NPRMs paragraph (a)(3) of the existing AD to 1999, in order to assure the continued clarify which airplanes are affected by Any person may obtain a copy of this airworthiness of these airplanes in that paragraph. As stated in that NPRM by submitting a request to the France. FAA, Transport Airplane Directorate, Airbus also has issued Service paragraph, Airbus Model A320 series ANM–114, Attention: Rules Docket No. Bulletin A320–27–1108, Revision 04, airplanes ‘‘on which Airbus 99–NM–381–AD, 1601 Lind Avenue, dated November 22, 1999, which Modification 22881 has been SW., Renton, Washington 98055–4056. describes procedures for repetitive accomplished, and on which Airbus detailed visual inspections of the Modification 22841 or the modification Discussion protective half-shell (area 1) to detect specified in Airbus Service Bulletin On August 10, 1999, the FAA issued wear or debonding, and detailed visual A320–27–1050 has not been AD 99–17–11, amendment 39–11259 (64 inspections of the trunnion (area 2) to accomplished’’ should accomplish FR 45868, August 23, 1999), applicable detect wear. This revision is essentially certain actions. Since Airbus to certain Airbus Model A319, A320, equivalent to previous revisions, which Modification 22881 corresponds to and A321 series airplanes, to require were cited as the appropriate sources of Airbus Service Bulletin A320–27–1050, repetitive inspections to detect wear of service information for certain the statement is contradictory as the inboard flap trunnions, and to detect inspections required by AD 99–17–11. written, and cannot be literally wear or debonding of the protective However, certain references have been complied with by operators. Therefore, half-shells; and corrective actions, if revised and certain work procedures the FAA is revising paragraph (a)(3) to necessary. That action was prompted by have been clarified in this revision. apply to Airbus Model A320 series issuance of mandatory continuing Airbus also has issued Service airplanes ‘‘on which Airbus airworthiness information by a foreign Bulletin A320–27–1066, Revision 5, Modification 22881 (Airbus Service civil airworthiness authority. The dated June 25, 1999, which describes Bulletin A320–27–1050) has been requirements of that AD are intended to procedures for repetitive detailed visual accomplished, and on which Airbus detect and correct chafing and resultant inspections of areas 1 and 2 of the Modification 22841 has not been wear damage on the inboard flap drive inboard flap trunnion to detect wear on accomplished.’’ Paragraph (a)(3) has trunnions or on the protective half- the trunnion; and repair or replacement also been revised to provide operators shells, which could result in failure of of the trunnion, if necessary. Revision 5 with additional time in which to the trunnion primary load path; this is essentially equivalent to A320–27– accomplish the inspection required by would adversely affect the fatigue life of 1066, Revision 4, dated July 15, 1997 that paragraph. In addition, NOTE 2 of the secondary load path and could lead (for Model A320 series airplanes), this proposed AD explains the revision to loss of the flap. which was cited as an appropriate to paragraph (a)(3) of AD 99–17–11 to source of service information for certain Actions Since Issuance of Previous Rule correct the description of airplanes inspections required by AD 99–17–11. affected by that paragraph. AD 99–17–11 provides for an optional modification, which, if accomplished, FAA’s Conclusions Differences Between Proposed Rule and would constitute terminating action for These airplane models are Foreign AD the required inspections. Since the manufactured in France and are type issuance of that AD, the FAA has certificated for operation in the United The proposed AD would differ from determined that the modification should States under the provisions of section the parallel French airworthiness be made mandatory for airplanes subject 21.29 of the Federal Aviation directive in that it would mandate the to the identified unsafe condition. Such Regulations (14 CFR 21.29) and the accomplishment of the terminating modification would terminate the applicable bilateral airworthiness action for the repetitive inspections. The extensive repetitive inspections and/or agreement. Pursuant to this bilateral French airworthiness directive provides corrective actions of the protective half- airworthiness agreement, the DGAC has for that action as optional. Mandating shell (area 1) to detect wear or kept the FAA informed of the situation the terminating action is based on the debonding, and of the trunnion (area 2) described above. The FAA has FAA’s determination that long-term to detect wear. examined the findings of the DGAC, continued operational safety will be reviewed all available information, and better assured by modifications or Explanation of Relevant Service determined that AD action is necessary design changes to remove the source of Information for products of this type design that are the problem, rather than by repetitive Airbus has issued Service Bulletin certificated for operation in the United inspections. Long-term inspections may A320–27–1117, Revision 02, dated States. not be providing the degree of safety January 18, 2000, which describes assurance necessary for the transport procedures for modification of the Explanation of Requirements of airplane fleet. This, coupled with a sliding panel mechanism of the flap Proposed Rule better understanding of the human drive trunnion. Revision 02 is Since an unsafe condition has been factors associated with numerous essentially equivalent to previous identified that is likely to exist or continual inspections, has led the FAA revisions of the service bulletin (which develop on other airplanes of the same to consider placing less emphasis on were cited in AD 99–17–11 as type design registered in the United inspections and more emphasis on appropriate sources of service States, the proposed AD would design improvements. The proposed information for accomplishment of the supersede AD 99–17–11 to continue to modification requirement is consistent modification). However, certain work require the actions specified in that AD, with these conditions.
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 56816 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules
Cost Impact on a substantial number of small entities or on the protective half-shells, which could under the criteria of the Regulatory result in failure of the trunnion primary load There are approximately 132 path, adversely affect the fatigue life of the airplanes of U.S. registry that would be Flexibility Act. A copy of the draft regulatory evaluation prepared for this secondary load path, and lead to loss of the affected by this proposed AD. flap, accomplish the following: The actions that are currently action is contained in the Rules Docket. required by AD 99–17–11, and retained A copy of it may be obtained by Restatement of Certain Requirements of AD in this AD, take approximately 1 work contacting the Rules Docket at the 99–17–11 hour per airplane to accomplish, at an location provided under the caption Inspections ADDRESSES. average labor rate of $60 per work hour. (a) For airplanes on which a protective Based on these figures, the cost impact List of Subjects in 14 CFR Part 39 half-shell has been installed over area 1 of of the currently required actions on U.S. Air transportation, Aircraft, Aviation the left or right inboard flap trunnion: operators is estimated to be $7,920, or safety, Safety. Perform a detailed visual inspection of the $60 per airplane, per inspection cycle. protective half-shell (area 1) to detect wear or The new actions that are proposed in The Proposed Amendment debonding, and perform a detailed visual this AD action would take Accordingly, pursuant to the inspection of the trunnion (area 2) to detect wear at the time specified in paragraph (a)(1), approximately 14 work hours per authority delegated to me by the (a)(2), or (a)(3) of this AD, as applicable; in airplane to accomplish, at an average Administrator, the Federal Aviation labor rate of $60 per work hour. accordance with Airbus Service Bulletin Administration proposes to amend part A320–27–1108, Revision 01, dated July 15, Required parts would be provided by 39 of the Federal Aviation Regulations the manufacturer at no cost to the 1997, Revision 02, dated April 17, 1998, or (14 CFR part 39) as follows: Revision 03, dated June 25, 1999. operators. Based on these figures, the (1) For Model A319 and Model A320 series cost impact of the proposed PART 39ÐAIRWORTHINESS airplanes on which Airbus Modification requirements of this AD on U.S. DIRECTIVES 22841 has been installed: Inspect prior to the operators is estimated to be $110,880, or 1. The authority citation for part 39 accumulation of 2,500 flight hours after the $840 per airplane. incorporation of the modification, or within The cost impact figures discussed continues to read as follows: 500 flight hours after September 27, 1999 (the above are based on assumptions that no Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of AD 99–17–11, amendment operator has yet accomplished any of 39–11259), whichever occurs later. the proposed requirements of this AD § 39.13 [Amended] (2) For Model A321 series airplanes on action, and that no operator would 2. Section 39.13 is amended by which Airbus Modification 23926 has been accomplish those actions in the future if removing amendment 39–11259 (64 FR installed, or on which the repair specified in this AD were not adopted. The cost 45868, September 27, 1999), and by Airbus Service Bulletin A320–27–1097, impact figures discussed in AD adding a new airworthiness directive dated October 5, 1996, or Revision 01, dated rulemaking actions represent only the (AD), to read as follows: July 15, 1997, has been accomplished; and for Model A320 series airplanes on which the time necessary to perform the specific Airbus Industrie: Docket 99–NM–381–AD. repair specified in Airbus Service Bulletin Supersedes AD 99–17–11, Amendment actions actually required by the AD. A320–27–1066, Revision 3, dated October 30, 39–11259. These figures typically do not include 1996, or Revision 4, dated July 15, 1997, has incidental costs, such as the time Applicability: Model A319, A320, and been accomplished: Inspect prior to the required to gain access and close up, A321 series airplanes; certificated in any accumulation of 5,000 flight hours after planning time, or time necessitated by category; except airplanes on which Airbus incorporation of the repair or modification, other administrative actions. Modification 26495 (reference Airbus Service or within 500 flight hours after September 27, Bulletin A320–27–1117) has been 1999, whichever occurs later. accomplished. Regulatory Impact (3) For Airbus Model A320 series airplanes The regulations proposed herein Note 1: This AD applies to each airplane on which Airbus Modification 22881 (Airbus would not have a substantial direct identified in the preceding applicability Service Bulletin A320–27–1050) has been provision, regardless of whether it has been accomplished, and on which Airbus effect on the States, on the relationship otherwise modified, altered, or repaired in between the national Government and Modification 22841 has not been the area subject to the requirements of this accomplished: Inspect within 500 flight the States, or on the distribution of AD. For airplanes that have been modified, hours after the effective date of this new AD. power and responsibilities among the altered, or repaired so that the performance various levels of government. Therefore, of the requirements of this AD is affected, the Note 2: Paragraph (a)(3) of AD 99–17–11 it is determined that this proposal owner/operator must request approval for an has been revised to correct the description of would not have federalism implications alternative method of compliance in airplanes affected by that paragraph. Since such a revision could result in additional under Executive Order 13132. accordance with paragraph (g)(1) of this AD. airplanes being affected, the compliance time For the reasons discussed above, I The request should include an assessment of the effect of the modification, alteration, or has been restarted from the effective date of certify that this proposed regulation (1) repair on the unsafe condition addressed by this AD to allow additional time to Is not a ‘‘significant regulatory action’’ this AD; and, if the unsafe condition has not accomplish the actions required by that under Executive Order 12866; (2) is not been eliminated, the request should include paragraph. a ‘‘significant rule’’ under the DOT specific proposed actions to address it. (b) For airplanes on which no protective Regulatory Policies and Procedures (44 Compliance: Required as indicated, unless half-shell is installed over area 1 of the left FR 11034, February 26, 1979); and (3) if accomplished previously. or right inboard flap trunnion: Within 500 promulgated, will not have a significant To prevent chafing and resultant wear flight hours after September 27, 1999, economic impact, positive or negative, damage on the inboard flap drive trunnions perform a detailed
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56817 visual inspection of areas 1 and 2 of the Alternative Methods of Compliance superseded an existing AD. The existing inboard flap trunnion to detect wear on the (g)(1) An alternative method of compliance AD requires, before further flight, trunnion, in accordance with Airbus Service or adjustment of the compliance time that creating a component log card or Bulletin A320–27–1066, Revision 4, dated provides an acceptable level of safety may be equivalent record and determining the July 15, 1997 (for Model A320 series used if approved by the Manager, calendar age and number of flights on airplanes); or A320–27–1097, Revision 01, International Branch, ANM–116. Operators dated July 15, 1997, or Revision 02, dated each tension-torsion (TT) strap. The shall submit requests through an appropriate proposed AD would have required June 25, 1999 (for Model A321 series FAA Principal Maintenance Inspector, who establishing a life limit for certain main airplanes). may add comments and then send it to the rotor TT straps. That proposal was Corrective Actions Manager, International Branch, ANM–116. (2) Alternative methods of compliance, prompted by a need to establish a life (c) Except as provided by paragraph (d) of approved previously in accordance with AD limit for certain TT straps because of an this AD: Following the accomplishment of 99–17–11, amendment 39–11259, are accident in which a main rotor blade any inspection required by either paragraph approved as alternative methods of (blade) separated from an ECD Model (a) or (b) of this AD, perform the follow-on compliance with this AD. repetitive inspections and/or corrective MBB–BK 117 helicopter due to fatigue actions, as applicable, in accordance with Note 4: Information concerning the failure of a TT strap. The same part- Airbus Service Bulletin A320–27–1066, existence of approved alternative methods of numbered TT strap is used on the ECD Revision 4, dated July 15, 1997 (for Model compliance with this AD, if any, may be Model BO–105 helicopters. This new A320 series airplanes); A320–27–1097, obtained from the International Branch, action revises the proposed rule by Revision 01, dated July 15, 1997, or Revision ANM–116. requiring that you establish a life limit 02, dated June 25, 1999 (for Model A321 Special Flight Permits for certain main rotor TT straps before series airplanes); or A320–27–1108, Revision (h) Special flight permits may be issued in further flight instead of by January 1, 01, dated July 15, 1997, Revision 02, dated 2001, as indicated in the previous April 17, 1998, or Revision 03, dated June 25, accordance with sections 21.197 and 21.199 proposal. This new action also removes 1999 (for Model A319, A320, and A321 series of the Federal Aviation Regulations (14 CFR airplanes); as applicable; at the compliance 21.197 and 21.199) to operate the airplane to some of the requirements that were times specified in the applicable service a location where the requirements of this AD previously proposed. The actions bulletin. can be accomplished. specified by this new proposed AD are (d) If the applicable service bulletin Note 5: The subject of this AD is addressed intended to prevent fatigue failure of a specifies to contact Airbus for an appropriate in French airworthiness directive 1996–271– TT strap, loss of a blade, and subsequent action, prior to further flight, repair in 092(B) R3, dated August 11, 1999. loss of control of the helicopter. accordance with a method approved by Issued in Renton, Washington, on either the Manager, International Branch, DATES: Comments must be received on September 14, 2000. ANM–116, FAA, Transport Airplane or before November 20, 2000. ´ ´ Directorate, or the Direction Generale de Donald L. Riggin, ADDRESSES: Submit comments in l’Aviation Civile (or its delegated agent). Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. triplicate to the Federal Aviation New Requirements of This AD [FR Doc. 00–24116 Filed 9–19–00; 8:45 am] Administration (FAA), Office of the Regional Counsel, Southwest Region, Service Bulletin Revisions BILLING CODE 4910±13±U Attention: Rules Docket No. 99–SW–65– (e) As of the effective date of this new AD, the following service bulletin revisions must AD, 2601 Meacham Blvd., Room 663, be used for accomplishment of the applicable DEPARTMENT OF TRANSPORTATION Fort Worth, Texas 76137. You may also actions required by paragraphs (a), (b), and send comments electronically to the (c) of this AD: Federal Aviation Administration Rules Docket at the following address: (1) Airbus Service Bulletin A320–27–1108, [email protected]. Comments Revision 04, dated November 22, 1999. 14 CFR Part 39 may be inspected at the Office of the (2) Airbus Service Bulletin A320–27–1066, Regional Counsel between 9 a.m. and 3 Revision 5, dated June 25, 1999. [Docket No. 99±SW±65±AD] p.m., Monday through Friday, except Terminating Modification RIN 2120±AA64 Federal holidays. (f) Within 18 months after the effective Airworthiness Directives; Eurocopter FOR FURTHER INFORMATION CONTACT: date of this AD, modify the sliding panel Charles Harrison, Aviation Safety driving mechanism of the flap drive Deutschland GMBH Model BO±105CB± 5 and BO±105CBS±5 Helicopters Engineer, FAA, Rotorcraft Directorate, trunnions, in accordance with Airbus Service Rotorcraft Standards Staff, Fort Worth, Bulletin A320–27–1117, Revision 02, dated AGENCY: Federal Aviation Texas 76193–0110, telephone (817) January 18, 2000. This modification Administration, DOT. 222–5128, fax (817) 222–5961. constitutes terminating action for the ACTION: repetitive inspections required by this AD. Supplemental notice of SUPPLEMENTARY INFORMATION: Note 3: Accomplishment of the proposed rulemaking; reopening of modification required by paragraph (f) of this comment period. Comments Invited AD prior to the effective date of this AD in accordance with Airbus Service Bulletin SUMMARY: This document revises an Interested persons are invited to A320–27–1117, dated July 31, 1997, or earlier proposed airworthiness directive participate in the making of the Revision 01, dated June 25, 1999, is (AD) for Eurocopter Deutschland GMBH proposed rule by submitting such acceptable for compliance with that (ECD) Model BO–105CB–5 and BO– written data, views, or arguments as paragraph. 105CBS–5 helicopters that would have they may desire. Communications
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 56818 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules should identify the Rules Docket should be accomplished before January PART 39ÐAIRWORTHINESS number and be submitted in triplicate to 1, 2001, as earlier indicated. The FAA DIRECTIVES the address specified above. All has also determined that the graduated communications received on or before inspection criteria and the 1. The authority citation for part 39 the closing date for comments, specified accompanying TT strap life limits continues to read as follows: above, will be considered before taking specified in the current AD are no Authority: 49 U.S.C. 106(g), 40113, 44701. action on the proposed rule. The longer necessary after the currently § 39.13 [Amended] proposals contained in this notice may specified life limit is established. 2. Section 39.13 is amended by be changed in light of the comments Since this change expands the scope received. adding a new airworthiness directive to of the originally proposed rule, the FAA read as follows: Comments are specifically invited on has determined that it is necessary to the overall regulatory, economic, reopen the comment period to provide Eurocopter Deutschland GMBH: Docket No. environmental, and energy aspects of 99–SW–65–AD. Supersedes AD 99–24– additional opportunity for public 05, Amendment 39–11429, Docket No. the proposed rule. All comments comment. submitted will be available, both before 99–SW–58–AD. and after the closing date for comments, The FAA estimates that 200 Applicability: Model BO–105 CB–5, and in the Rules Docket for examination by helicopters of U.S. registry would be BO–105CBS–5 helicopters, certificated in any interested persons. A report affected by this proposed AD, that it category. summarizing each FAA-public contact would take approximately 16 work Note 1: This AD applies to each helicopter concerned with the substance of this hours per helicopter to accomplish the identified in the preceding applicability provision, regardless of whether it has been proposal will be filed in the Rules proposed actions, and that the average labor rate is $60 per work hour. otherwise modified, altered, or repaired in Docket. the area subject to the requirements of this Commenters wishing the FAA to Required parts would cost AD. For helicopters that have been modified, acknowledge receipt of their mailed approximately $10,400 per helicopter. altered, or repaired so that the performance comments submitted in response to this Based on these figures, the total cost of the requirements of this AD is affected, the notice must submit a self-addressed, impact of the proposed AD on U.S. owner/operator must request approval for an stamped postcard on which the operators is estimated to be $2,272,200. alternative method of compliance in following statement is made: accordance with paragraph (d) of this AD. The regulations proposed herein The request should include an assessment of ‘‘Comments to Docket No. 99–SW–65– would not have a substantial direct the effect of the modification, alteration, or AD.’’ The postcard will be date stamped effect on the States, on the relationship repair on the unsafe condition addressed by and returned to the commenter. between the national Government and this AD; and if the unsafe condition has not the States, or on the distribution of been eliminated, the request should include Availability of SNPRMs power and responsibilities among the specific proposed actions to address it. Any person may obtain a copy of this various levels of government. Therefore, Compliance: Required as indicated, unless Supplemental Notice of Proposed it is determined that this proposal accomplished previously. Rulemaking (SNPRM) by submitting a would not have federalism implications To prevent fatigue failure of a tension- request to the FAA, Office of the under Executive Order 13132. torsion (TT) strap, loss of a main rotor blade Regional Counsel, Southwest Region, (blade), and subsequent loss of control of the For the reasons discussed above, I helicopter, accomplish the following: Attention: Rules Docket No. 99–SW–65– certify that this proposed regulation (1) (a) Before further flight: AD, 2601 Meacham Blvd., Room 663, is not a ‘‘significant regulatory action’’ (1) Remove TT straps, part number (P/N) Fort Worth, Texas 76137. under Executive Order 12866; (2) is not 2604067 (Bendix) or J17322–1 (Lord), from Discussion a ‘‘significant rule’’ under the DOT service or re-identify them as P/N 117–14110 or 117–14111, respectively, in accordance A proposal to amend part 39 of the Regulatory Policies and Procedures (44 with the Accomplishment Instructions, Federal Aviation Regulations (14 CFR FR 11034, February 26, 1979); and (3) if paragraph 2.B.1.2., Eurocopter Deutschland part 39) to add an AD for ECD Model promulgated, will not have a significant GMBH Alert Service Bulletin BO 105 No. BO–105CB–5 and BO–105CBS–5 economic impact, positive or negative, ASB–BO 105–10–113, Revision 2, dated helicopters was published as an NPRM on a substantial number of small entities November 16, 1999 (ASB). TT straps, P/N under the criteria of the Regulatory 2604067 (Bendix) or J17322–1 (Lord), are no in the Federal Register on March 13, longer eligible for installation. 2000 (65 FR 13251). That NPRM Flexibility Act. A copy of the draft regulatory evaluation prepared for this (2) Create a component log card or proposed to supersede AD 99–24–05, equivalent record for each TT strap. Amendment 39–11429 (64 FR 62973, action is contained in the Rules Docket. (3) Review the history of the helicopter and November 18, 1999), which requires, A copy of it may be obtained by each TT strap. Determine the age since initial before further flight, creating a contacting the Rules Docket at the FAA, installation on any helicopter (age) and the component log card and determining Office of the Regional Counsel, number of flights on each TT strap. Enter the calendar age and number of flights Southwest Region, 2601 Meacham both the age and the number of flights for Blvd., Room 663, Fort Worth, Texas. each TT strap on the component log card or on each TT strap and inspecting and equivalent record. When the number of removing, as necessary, certain List of Subjects in 14 CFR Part 39 flights is unknown, multiply the number of unairworthy TT straps. The NPRM, in hours time-in-service (TIS) by 5 to determine addition to retaining the requirements of Air transportation, Aircraft, Aviation the number of flights. AD 99–24–05, would have required safety, Safety. (4) Remove any TT strap from service if the total hours TIS or number of flights and age establishing a life limit, effective The Proposed Amendment January 1, 2001, for the TT straps of 120 cannot be determined. months or 25,000 flights, whichever Accordingly, pursuant to the (b) Before further flight, remove any TT authority delegated to me by the strap, P/N 117–14110 or 117–14111, that has occurs first. been in service 120 months since initial Since the issuance of that NPRM, the Administrator, the Federal Aviation installation on any helicopter or accumulated FAA has reevaluated the proposed Administration proposes to amend part 25,000 flights (a flight is a takeoff and a requirement and determined that 39 of the Federal Aviation Regulations landing). Replace the TT strap with an establishing a life limit on the TT straps (14 CFR part 39) as follows: airworthy TT strap.
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(c) This AD revises the Airworthiness proposed AD are intended to detect in this notice may be changed in light Limitations Section of the maintenance wear in the compressor bleed valve of the comments received. manual by establishing a life limit for the TT assembly which may cause valve orifice Comments are specifically invited on strap, P/N 117–14110 and 117–14111, of 120 blockage, resulting in a loss of power, the overall regulatory, economic, months or 25,000 flights, whichever occurs environmental, and energy aspects of first. inability of engine acceleration, and in- (d) An alternative method of compliance or flight shut down. the proposed rule. All comments adjustment of the compliance time that DATES: Comments must be received by submitted will be available, both before provides an acceptable level of safety may be November 20, 2000. and after the closing date for comments, used if approved by the Manager, Regulations ADDRESSES: Submit comments to the in the Rules Docket for examination by Group, Rotorcraft Directorate, FAA. Federal Aviation Administration (FAA), interested persons. A report Operators shall submit their requests through New England Region, Office of the summarizing each FAA-public contact an FAA Principal Maintenance Inspector, Regional Counsel, Attention: Rules concerned with the substance of this who may concur or comment and then send proposal will be filed in the Rules it to the Manager, Regulations Group. Docket No. 2000–NE–26–AD, 12 New England Executive Park, Burlington, MA Docket. Note 2: Information concerning the Commenters wishing the FAA to 01803–5299. Comments may also be existence of approved alternative methods of acknowledge receipt of their comments sent via the Internet using the following compliance with this AD, if any, may be submitted in response to this notice obtained from the Regulations Group. address: ‘‘9–ane–[email protected]’’. must submit a self-addressed, stamped (e) Special flight permits may be issued in Comments sent via the Internet must postcard on which the following accordance with sections 21.197 and 21.199 contain the docket number in the statement is made: ‘‘Comments to of the Federal Aviation Regulations (14 CFR subject line. Comments may be Docket Number 2000–NE–26–AD.’’ The 21.197 and 21.199) to operate the helicopter inspected at this location between 8:00 to a location where the requirements of this postcard will be date stamped and a.m. and 4:30 p.m., Monday through returned to the commenter. AD can be accomplished. Friday, except Federal holidays. Note 3: The subject of this AD is addressed The service information referenced in Availability of NPRM’s in the Luftfahrt Bundesamt (Federal Republic the proposed rule may be obtained from Any person may obtain a copy of this of Germany) AD 1999–289/2, dated Pratt & Whitney Canada, 1000 Marie- September 1, 1999. NPRM by submitting a request to the Victorin, Longueuil, Quebec, Canada FAA, New England Region, Office of the Issued in Fort Worth, Texas, on September J4G1A1. This information may be Regional Counsel, Attention: Rules 13, 2000. examined at the FAA, New England Docket No. 2000–NE–26–AD, 12 New Eric Bries, Region, Office of the Regional Counsel, England Executive Park, Burlington, MA Acting Manager, Rotorcraft Directorate, 12 New England Executive Park, 01803–5299. Aircraft Certification Service. Burlington, MA. [FR Doc. 00–24115 Filed 9–19–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: Discussion BILLING CODE 4910±13±U James Rosa, Aerospace Engineer, Engine Transport Canada (TC), which is the Certification Office, FAA, Engine and airworthiness authority for Canada, Propeller Directorate, 12 New England recently notified the FAA that an unsafe DEPARTMENT OF TRANSPORTATION Executive Park, Burlington, MA 01803– condition may exist on P&WC PT6A– 5299; telephone: (781) 238–7152, fax: 25C and –114A series turboprop Federal Aviation Administration (781) 238–7199. engines, which are installed on but not SUPPLEMENTARY INFORMATION: This limited to Pilatus PC–7 and Cessna 208 14 CFR Part 39 proposal would require initial and Caravan airplanes. TC advises that [Docket No. 2000±NE±26±AD] repetitive visual inspections, and engines, which have incorporated replacement if necessary, of certain P&WC SB No. 1510, may experience RIN 2120±AA64 compressor bleed valve assembly cotter pin and diaphragm wear and fatigue inside the compressor bleed Airworthiness Directives; Pratt & components on PT6A–25C and –114A valve assembly. Separation of sections Whitney Canada PT6A±25C and ±114A turboprop engines, in accordance with of the cotter pin and particles from Series Turboprop Engines P&WC Service Bulletin (SB) No. 1574 Revision 2, dated October 14, 1999. This diaphragm wear may cause blockage of AGENCY: Federal Aviation proposal would also require eventual one or both valve orifices, resulting in Administration, DOT. replacement of compressor bleed valve a power loss, inability of the engine to ACTION: Notice of proposed rulemaking assemblies with redesigned valve accelerate and/or in-flight shut down. (NPRM). assemblies, on PT6A–114A turboprop P&WC has issued SB No. 1574, Revision engines, in accordance with P&WC SB 2, dated October 14, 1999, which SUMMARY: This document proposes the No. 1588, dated February 18, 2000. specifies initial visual inspection of adoption of a new airworthiness compressor bleed valve assembly cover, directive (AD) that is applicable to Pratt Comments Invited guide pin shaft, cotter pin, and & Whitney Canada (P&WC) PT6A–25C Interested persons are invited to diaphragm for wear, and, replacement of and –114A turboprop engines. This participate in the making of the these parts if necessary. TC classified proposal would require initial and proposed rule by submitting such this SB as mandatory by issuing AD No. repetitive visual inspections, and written data, views, or arguments as CF–99–23, dated September 14, 1999 in eventual replacement of the compressor they may desire. Communications order to assure the continued bleed valve assembly, with a redesigned should identify the Rules Docket airworthiness of these airplanes in valve assembly for the –114A engines, number and be submitted to the address Canada. P&WC has also issued SB No. and initial and repetitive visual specified above. All communications 1588, dated February 18, 2000, for inspections only for –25C engines. This received on or before the closing date PT6A–114A turboprop engines that proposal is prompted by reports of two for comments, specified above, will be specify compressor bleed valve occurrences of uncommanded engine considered before taking action on the assembly replacement with a redesigned power loss. The actions specified by the proposed rule. The proposals contained valve assembly.
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Bilateral Airworthiness Agreement the States, or on the distribution of request should include specific proposed These engine models are power and responsibilities among the actions to address it. manufactured in Canada and are type various levels of government. Compliance: Required as indicated, unless certificated for operation in the United Accordingly, the FAA has not consulted accomplished previously. States under the provisions of § 21.29 of with state authorities prior to Initial and Repetitive Inspections Title 14 of the Code of Federal publication of this proposal. For the reasons discussed above, I To detect wear on the compressor bleed Regulations (14 CFR 21.29) and the valve assembly cover, guide pin shaft, cotter applicable bilateral airworthiness certify that this proposed regulation (1) is not a ‘‘significant regulatory action’’ pin, and to detect particles from diaphragm agreement. Pursuant to this bilateral wear, which may cause blockage of one or airworthiness agreement, Transport under Executive Order 12866; (2) is not a ‘‘significant rule’’ under the DOT both valve orifices, resulting in a loss of Canada has kept the FAA informed of power, inability of the engine to accelerate, Regulatory Policies and Procedures (44 the situation described above. The FAA and/or in-flight shut down, accomplish the has examined the findings of Transport FR 11034, February 26, 1979); and (3) if following: Canada, reviewed all available promulgated, will not have a significant (a) Perform an initial visual inspection of information, and determined that AD economic impact, positive or negative, the compressor bleed valve assembly action is necessary for products of this on a substantial number of small entities components within 150 flight hours after the type design that are certificated for under the criteria of the Regulatory effective date of this AD in accordance with operation in the United States. Flexibility Act. A copy of the draft Accomplishment Instructions, Section 3A regulatory evaluation prepared for this through 3B of Pratt & Whitney Canada Proposed Actions action is contained in the Rules Docket. (P&WC) Service Bulletin (SB) No. 1574 Since an unsafe condition has been A copy of it may be obtained by Revision 2, dated October 14, 1999. identified that is likely to exist or contacting the Rules Docket at the (b) Thereafter, perform repetitive visual develop on other engines of the same location provided under the caption inspections of the compressor bleed valve type design registered in the United ADDRESSES. assembly components within 600 flight hours States, the proposed AD would require after the last inspection in accordance with List of Subjects in 14 CFR Part 39 initial visual inspection of certain Accomplishment Instructions, Section 3A compressor bleed valve assembly Air transportation, Aircraft, Aviation through 3B of Pratt & Whitney Canada components within 150 flight hours safety, Safety. (P&WC) Service Bulletin (SB) No. 1574 Revision 2, dated October 14, 1999. after the effective date of this AD, The Proposed Amendment repetitive visual inspections within 600 Terminating Action flight hours after the last inspection, and Accordingly, pursuant to the authority delegated to me by the (c) For PT6A–114A series turboprop if necessary, the replacement of certain engines, replacement of compressor bleed components. The proposed AD would Administrator, the Federal Aviation Administration proposes to amend part valve assemblies at the next shop visit, with also require replacement of compressor the redesigned valve assembly, in accordance 39 of the Federal Aviation Regulations bleed valve assemblies on PT6A–114A with P&WC SB No. 1588, dated February 18, engines which have had Pratt & (14 CFR part 39) as follows: 2000, is considered terminating action for the Whitney Canada SB No. 1510 PART 39ÐAIRWORTHINESS repetitive inspection. This action must be incorporated, with a redesigned valve DIRECTIVES done at the next shop visit but no later than assembly at the next shop visit but no five years from the effective date of this AD. later than five years after the effective 1. The authority citation for part 39 Definition date of this AD. The actions would be continues to read as follows: (d) For the purpose of this AD: A shop visit required to be accomplished in Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with the SB’s described is defined as when the subassembly (i.e. previously. § 39.13 [Amended] module, accessories, components or build groups) is disassembled and access is 2. Section 39.13 is amended by Economic Impact available to the compressor bleed valve adding the following new airworthiness assembly. There are about 504 engines of the directive: affected design in the worldwide fleet. Alternative Methods of Compliance The FAA estimates that 353 engines Pratt & Whitney Canada: Docket No. 2000– NE–26–AD. (e) An alternative method of compliance or installed on aircraft of U.S. registry adjustment of the compliance time that would be affected by this proposed AD, Applicability: This airworthiness directive (AD) applies to PT6A–25C and –114A Series provides an acceptable level of safety may be that it would take about 2 work hours turboprop engines, installed on but not used if approved by the Manager, Engine per engine to accomplish the initial limited to the following airplanes: Pilatus Certification Office (ECO). Operators shall inspections, and 1 hour to accomplish PC–7, Cessna 208 Caravan. submit their request through an appropriate the replacement of the valve, and that Note 1: This airworthiness directive (AD) FAA Principal Maintenance Inspector, who the average labor rate is $60 per work applies to each engine identified in the may add comments and then send it to the hour. Required parts would cost about preceding applicability provision, regardless Manager, ECO. $7,458.00 per engine. Based on these of whether it has been modified, altered, or Note 2: Information concerning the figures, the total cost impact of the repaired in the area subject to the existence of approved alternative methods of proposed AD on U.S. operators is requirements of this AD. For engines that compliance with this airworthiness directive, have been modified, altered, or repaired so estimated to be $2,696,214.00. if any, may be obtained from the ECO. that the performance of the requirements of Regulatory Impact this AD is affected, the owner/operator must Special Flight Permits This proposal does not have request approval for an alternative method of compliance in accordance with paragraph (e) (f) Special flight permits may be issued in federalism implications, as defined in of this AD. The request should include an accordance with sections 21.197 and 21.199 Executive Order 13132, because it assessment of the effect of the modification, of the Federal Aviation Regulations (14 CFR would not have a substantial direct alteration, or repair on the unsafe condition 21.197 and 21.199) to operate the aircraft to effect on the States, on the relationship addressed by this AD; and, if the unsafe a location where the requirements of this AD between the national government and condition has not been eliminated, the can be accomplished.
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Issued in Burlington, Massachusetts, on SUPPLEMENTARY INFORMATION: obtaining approvals required under September 13, 2000. section 26a of the TVA Act. This I. Legal Authority David A. Downey, subpart would apply to all cases Assistant Manager, Engine and Propeller These regulations are proposed under involving an obstruction subject to Directorate, Aircraft Certification Service. the authority of section 26a of the section 26a approval or otherwise [FR Doc. 00–24114 Filed 9–19–00; 8:45 am] Tennessee Valley Authority Act of 1933 requiring TVA approval under these BILLING CODE 4910±13±P (16 U.S.C. 831y–1), and TVA’s property rules (including, among other things, rights under certain deeds and flowage TVA-owned residential access easement instruments. shoreland uses described in proposed TENNESSEE VALLEY AUTHORITY II. Background subpart C and certain uses of TVA flowage easement property under 18 CFR Part 1304 Section 26a of the TVA Act provides proposed subpart D). that no dam, appurtenant works, or 1. Scope and intent. This section Approval of Construction in the other obstruction affecting navigation, (§ 1304.1) sets forth the authorities for Tennessee River System; Regulation flood control or public lands or and the purposes of TVA’s regulation of of Structures; Residential Related Use reservations shall be constructed, and structures in the Tennessee River on TVA-Controlled Residential Access thereafter operated or maintained system and activities on land in which Shoreline and TVA Flowage Easement across, along, or in the Tennessee River TVA has a property interest. Part 1304 Shoreline system or any of its tributaries until the is generally applicable to all plans for such construction, operation, obstructions in the river system and to AGENCY: Tennessee Valley Authority or maintenance shall have been (TVA). activities conducted on reservoir-related submitted to and approved by the TVA property in TVA’s custody or subjects to ACTION: Proposed rule. Board of Directors, or its delegate. TVA flowage easements. Commencement of construction, SUMMARY: TVA is today proposing to 2. Application. If the rule is amended amend its regulations under section 26a operation, or maintenance of such as proposed, section 26a facilities of the TVA Act governing the structures without such approval is would, for purpose of the application construction, operation, or maintenance prohibited. process and certain other purposes, be On October 22, 1971, TVA of any dam, appurtenant works, or other divided into ‘‘minor’’ and ‘‘major’’ promulgated regulations setting forth obstruction affecting navigation, flood facilities. Applicants for minor facilities the approval process and establishing a control, or public lands or reservations would have to include less information number of policies regarding the along or in the Tennessee River or any with their applications. Nonexclusive exercise of TVA’s section 26a authority. of its tributaries. The amendments examples of minor and major facilities The regulations have since been would generally update the existing are provided in the proposed rule. TVA amended from time to time. This section 26a regulations to include new believes that in most cases it will be proposed rulemaking would further sections governing underground and readily apparent whether a facility amend the existing regulations by aboveground storage tanks, marina should be classified as minor or major. adding new sections regarding sewage pump-out stations and holding Generally, it is TVA’s intention that underground and aboveground storage tanks, wastewater outfalls and septic most residential related facilities for tanks, marina sewage pump-out stations systems, development within flood individual use would be minor and holding tanks, wastewater outfalls control storage zones of TVA reservoirs, facilities. For application purposes, a and septic systems, and development and requests for waivers or variances. request for a variance to the size within flood control storage zones of The sections governing the application limitations for a residential-related TVA reservoirs. A new section process and the handling of appeals facility would be regarded as an providing for the handling of requests would be revised for clarity. The rules application for a ‘‘major’’ facility. for waivers or variances would be for nonnavigable houseboats would be Commercial or community facilities added, and the sections governing the clarified, and a provision would be likely would be much larger than application process and the handling of added governing sanitation for individual facilities and usually would appeals would be revised for clarity. be classified as major. TVA would nonnavigable houseboats. In addition, TVA also proposes to add new new subparts would be added to encourage applicants to inquire in subparts C and D regarding residential- advance for guidelines in cases where it implement TVA’s recently-adopted related use of TVA-controlled may not be clear whether a proposed ‘‘Shoreline Management Initiative’’ residential access shoreline and TVA policy. facility would be minor or major. flowage easement shoreline. The rules 3. Delegation of Authority and DATES: Written comments on these contained in these subparts would Application Review and Approval proposed rules will be accepted until implement the ‘‘Shoreline Management Process. The rule would be revised to November 20, 2000. Initiative’’ policy adopted by TVA’s reflect the current organizational ADDRESSES: Written comments on the Board of Directors on April 21, 1999. structure of TVA. The information substance of the rulemaking should be Through these rules, TVA would required to be included with promote the conservation of shoreline addressed to Robert L. Curtis, Specialist- applications for each type of facility resources to provide public use Land Policy, Resource Stewardship, would be specified. The procedures for opportunities and protect Tennessee Valley Authority, Post Office TVA’s consideration of applications, Box 1589, 17 Ridgeway Road, Norris, environmentally sensitive resources, including the procedures applicable to Tennessee 37828. Electronic comments while also accommodating access to the hearings and appeals, would be may be submitted to [email protected]. shore by adjacent residents. clarified. Paperwork Reduction Act comments III. Detailed Analysis of Proposed Rule should be addressed as explained B. Regulation of Nonnavigable below. A. Approval of Construction Houseboats FOR FURTHER INFORMATION CONTACT: Today’s proposal would make minor The regulation governing Robert L. Curtis, (865) 632–1552. revisions to the existing process for nonnavigable houseboats would be
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Vegetation Management. It is the requirements applicable to expected that requests for permission to individual adjacent upland landowners C. Residential-Related Use of TVA- manage vegetation on TVA-owned lands may be appropriate. Generally, where Controlled Residential Access Shoreline would, for the most part, be made in individual upland landowners have Today’s proposal contains a new conjunction with a request to construct deeded ingress and egress rights, they subpart (subpart C) regarding a dock or other obstruction under may apply to construct individual residential-related use of TVA- section 26a. However, adjacent upland water-use facilities and undertake controlled residential access shoreline. residential landowners may wish to vegetation management activities even 1. Applicability. This subpart engage in vegetation management though a community facility has been addresses access across, and activities on TVA-owned lands without approved. construction of facilities and vegetation constructing any facility regulated 5. Channel Excavation on TVA- management on, three categories of under section 26a. In such Owned Residential Access Shoreland. TVA-owned shoreland property by circumstances, the proposed rules The standards for channel excavation adjacent upland residential landowners would still require the adjacent are designed to minimize impacts upon (for ease of reference, property owned landowner to apply for and obtain a water quality and aquatic communities by the United States and under the permit before engaging in any vegetation and avoid obstructions that would custody and control of TVA is referred management on TVA-owned lands. adversely affect navigation or flood to in this preamble and throughout the 3. Docks, Piers, and Other Water-Use control. proposed rule as ‘‘TVA-owned’’): Facilities. Under the proposed rule, 6. Shoreline Stabilization. TVA • TVA-owned shorelands over which adjacent property owners would be generally will allow homeowners to the adjacent upland residential responsible for submitting drawings of choose between riprap, biostabilization, landowners hold deeded rights of proposed facilities for TVA review and gabions, retaining walls, or a ingress and egress for access to the approval to ensure that the applicable combination of the four approaches for water (except where a particular activity standards would be met and that the erosion control. Retaining walls are not is excluded by the deed language) and/ facility would otherwise be consistent a favored method of treating shoreline or the right to apply to construct water- with TVA’s management of the erosion. They typically require use facilities. Tennessee River system. To provide extensive site disturbance during • TVA-owned shorelands designated design suggestions for private water-use construction, which can destroy fish in current, approved TVA Reservoir facilities, TVA makes available sample spawning and feeding areas. Their Land Management Plans as open for drawings for docks, piers, and boatslips. vertical surface does not provide consideration of residential shoreline Adjacent property owners may use these desirable aquatic habitat conditions, and development. drawings or create their own drawings they often fail because of improper • On reservoirs not having a current, reflecting their design preferences in a design, causing further site disturbance. approved TVA Reservoir Land way that meets TVA’s size and As requested by the homeowner, TVA Management Plan at the time of construction requirements. may assess shoreline erosion conditions application, TVA-owned shorelands Standards for the size and type of and advise whether biostabilization, designated in TVA’s property forecast docks permitted by TVA help to avoid riprap, gabions, retaining walls, or some system as ‘‘reservoir operations the construction of structures that combination of these treatment methods property,’’ identified in a subdivision obstruct or otherwise have an adverse would be most appropriate. plat recorded prior to September 24, impact on boating access into coves or 1992, and containing at least one water- along the shore. They also help to limit D. Activities on TVA Flowage Easement use facility developed prior to obstructions to visibility. The proposed Shoreland September 24, 1992. dock standards are designed in a way This subpart governs use of privately- Subpart C would apply only to TVA- that numerous different shapes, sizes, owned shorelands where TVA has owned property adjacent to reservoirs. It and combinations of facilities could be acquired flowage easements and thus would not apply to land adjacent to a built. The standards are designed to has the right to flood the land as part of free-flowing river—whether or not TVA- define the maximum size of docks and its reservoir operations. TVA’s authority owned. Obstructions on land adjacent to other water-use facilities that are with respect to such lands stems from a free-flowing river would be regulated approvable by TVA. Unless there are its authority under section 26a of the under amended subparts A, B, and E; if environmental resources that must be TVA Act and the rights accorded to TVA owns the property, construction of avoided, navigation restrictions, or TVA under the flowage easement facilities and vegetation management physical site constraints such as a documentation. Under the proposed on, and access across such land would narrow cove, decisions about the size rule, TVA generally would apply to be controlled by TVA on a case-by-case and type of docking facilities to be built flowage easement lands the same basis. Subparts C and D would not would be made by the applicant, standards regarding docks, piers, and apply to commercial marinas or other provided the maximum standards are other water-use facilities, shoreline commercial facilities. Such facilities not exceeded. When site constraints stabilization, fish attractors, and would be regulated in accordance with preclude the building of maximum-size channel excavation (to the extent it subparts A, B, and E, and, where TVA facilities, TVA would determine if a creates an obstruction regulated under has a property interest, in accordance smaller facility could be approved and, section 26a) as would be applicable to with the full exercise of TVA’s rights if so, what size facility would be residential-related use of TVA- under such interest. allowed. controlled residential access shoreline.
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Decisions about vegetation management provisions at fuel pumps located on development impacts in the Tennessee and any other activities not subject to commercial docks, piers, and marinas. Valley. Copies of the Executive regulation under section 26a or Generally, except in unusual Summary and/or draft EIS were prevented or regulated by the terms of circumstances where there is no other distributed to numerous State agencies the flowage easement would be made by practicable solution, TVA does not and public libraries in the Tennessee the landowner. Subpart D specifically approve storage tanks on TVA lands. Valley and to approximately 8,000 identifies the sections of subpart C that Tanks must be located on land owned interested individuals. Sixteen public are applicable to flowage easement by the applicant. Also, TVA would not meetings were held, and numerous oral shoreland. approve fuel handling facilities of any and written comments were received and considered. A final EIS adopting the E. Miscellaneous kind on private non-commercial docks, piers, and boathouses. residential access policies that would be This subpart contains rules of general 7. Development Within Flood Control implemented by these rules has been applicability and other miscellaneous Storage Zones of TVA Reservoirs. A new released, and a record of decision has provisions. To the extent anything section (§ 1304.408) imposing certain been issued. This proposed rulemaking contained in this subpart may be requirements when a project would reflects the involvement of the inconsistent with the standards set forth result in a loss of flood control storage interested public during the in subparts C and D, those subparts would be added. environmental review process. An shall take precedence on the lands to 8. Request for Waiver or Variance. A Environmental Assessment is being which they apply. new section (§ 1304.409) would prepared for those aspects of the 1. Definitions. A number of new establish a mechanism for requesting a proposed rule not addressed in the definitions would be added to improve waiver of or variance from a provision residential shoreline development EIS. clarity. of the rules. Good cause would be 2. Flotation Devices and Materials. D. Paperwork Reduction Act required for approval of such requests, The proposed rule (§ 1304.401) would and approval or disapproval would be at The information collection impose minimum specifications for the sole discretion of the Vice President, requirements in this proposed rule have flotation devices associated with docks, Resource Stewardship, TVA. been submitted for approval of the boat mooring buoys, and other water- Office of Management and Budget use structures and facilities. IV. Compliance With Other Laws (OMB) under the Paperwork Reduction 3. Discharges From Houseboats, Act, 44 U.S.C. § 3501 et seq. An A. Unfunded Mandates Reform Act Watercraft, and Floating Structures. Information Collection Request (ICR) This section (§ 1304.402) would The proposed rule contains no document has been prepared by TVA, continue the existing prohibition against Federal mandates for State, local, and and a copy may be obtained from Wilma the mooring over TVA land of any tribal Governments or the private sector. H. McCauley, Agency Clearance Officer, watercraft or floating structure equipped Rather, it simply codifies policies and Tennessee Valley Authority, 1101 with a marine sanitation device unless requirements regarding the use of TVA Market Street (WR 4Q), Chattanooga, such device is in compliance with all land and the size, type, and use of Tennessee 37402–2801 or by calling applicable requirements. obstructions to be allowed in the (423) 751–2523. 4. Wastewater Outfalls and Septic Tennessee River. In addition, any The only information collection Systems. New § 1304.403 would require expenditures by State, local and tribal activity contained in the proposed rule facilities required to have a wastewater governments or the private sector in is a requirement that persons seeking permit to obtain such permit before a connection with the rule would be approval to construct an obstruction section 26a permit would be issued. substantially less than $100 million in along or in the Tennessee River system Septic tank systems where any portion any one year. or authorization to use certain property of the system is located on TVA flowage under TVA’s control submit an B. Regulatory Flexibility Act easement property would be subject to application to TVA. The application permitting requirements and certain This proposed action will not have a consists of an application form plus, in specified standards. No portion of any significant economic impact on a the case of an obstruction, detailed septic tank system would be allowed on substantial number of small entities. plans, maps, and other information TVA-owned shoreland property. There will be no significant economic necessary for TVA to evaluate the 5. Marina Sewage Pump-out Stations impact from the amendments since the request for approval. The estimated time and Holding Tanks. The proposed rule proposed rule would not significantly to complete the application form and would establish minimum design and add to the costs of one who chooses to prepare the supplemental material is 1.5 operating requirements for new marina use TVA land or construct an hours. The time may vary depending sewage pump-out stations and holding obstruction in the Tennessee River upon the nature and complexity of the tanks (§ 1304.404). Other Federal, State, system. Existing obstructions that are or proposed action. or local laws or rules may require could be permitted under current Comments are requested on TVA’s installation of such facilities or regulations would not have to be need for this information, the accuracy otherwise regulate them in some modified to conform to new standards. of the provided burden estimates, and circumstances. Any economic impact that would any suggestions for minimizing 6. Fuel Storage Tanks and Handling occur as a result of the proposed rule respondent burden. Send comments on Facilities. The proposed regulations would not affect a substantial number of the ICR to the Agency Clearance Officer, (§ 1304.406) would establish minimum small entities because TVA only Tennessee Valley Authority, 1101 requirements for the installation of processes about 300 applications Market Street (WR 4Q), Chattanooga, underground and aboveground storage annually for nonresidential facilities. Tennessee 37402–2801; and to the tanks in connection with commercial Officer of Information and Regulatory facilities subject to TVA approval. TVA C. Environmental Review Affairs, Office of Management and is considering new requirements for fuel TVA prepared a detailed draft Budget, 725 17th Street, NW., handling piping systems associated with environmental impact statement (EIS) Washington, DC 20503, marked storage tanks and for fuel containment assessing residential shoreline ‘‘Attention: Desk Officer for Tennessee
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Valley Authority.’’ Include the ICR 1304.212 Change in ownership of flowage easements. TVA uses and number in any correspondence. grandfathered structures or alterations. permits use of the lands and land rights Comments should be received by OMB 1304.213 Waivers on TVA-owned in its custody alongside and subjacent to no later than thirty (30) days after the residential access shoreland. TVA reservoirs and exercises its land 1304.214 Numbering of structures. date of public of this proposed rule. The rights to carry out the purposes and final rule will respond to any OMB or Subpart DÐActivities On TVA Flowage policies of the Act. in addition, the public comments on the information Easement Shoreline National Environmental Policy Act of collection requirements contained in 1304.300 Scope and intent. 1969, as amended (NEPA), 42 U.S.C. this proposal. 1304.301 Septic tanks. 4321 et seq. and the Federal Water 1304.302 Utilities. Pollution Control Act Amendments of List of Subjects in 18 CFR Part 1304 1304.303 Vegetation management on 1972, 33 U.S.C. 1251 et seq. (FWPCA), Administrative practice and flowage easement shoreline. have declared it to be congressional 1304.304 Channel excavation. procedure, Natural resources, policy that agencies should administer Navigation (water), Rivers, Water Subpart EÐMiscellaneous their statutory authorities so as to pollution control. 1304.400 Definitions. restore, preserve, and enhance the For the reasons set forth in the 1304.401 Flotation devices and material, all quality of the environment and should floating structures. preamble, title 18, chapter XIII of the cooperate in the control of pollution. It 1304.402 Marine sanitation devices. is the intent of the regulations in this Code of Federal Regulations is amended 1304.403 Wastewater outfalls; septic tanks. by revising part 1304 to read as follows: part 1304 to carry out the purposes of 1304.404 Marina sewage pump-out stations the Act and other statutes relating to and holding tanks. PART 1304ÐAPPROVAL OF 1304.405 Commercial marina harbor limits. these purposes, and this part shall be CONSTRUCTION IN THE TENNESSEE 1304.406 Fuel storage tanks and handling interpreted and applied to that end. RIVER SYSTEM AND REGULATION OF facilities. § 1304.2 Application. STRUCTURES 1304.407 Removal of unauthorized, unsafe, and derelict structures. (a) Applications shall be addressed to Subpart AÐProcedures for Approval of 1304.408 Development within flood control the Tennessee Valley Authority, Land Construction storage zones of TVA reservoirs. Management Office, at one of the Sec. 1304.409 Variances. following locations: 1304.1 Scope and intent. 1304.410 Indefinite or temporary moorage (1) 17 Ridgeway Road, Norris, TN 1304.2 Application. of recreational vessels. 1304.411 Navigation restrictions. 37828, (865) 632–1691, Reservoir: 1304.3 Delegation of authority. Norris 1304.4 Application review and approval Authority: 16 U.S.C. 831–831ee. process. (2) Suite 300, 804 Highway 321, North, 1304.5 Conduct of hearings. Subpart AÐProcedures for Approval Lenoir City, TN 37771–6440, (865) 1304.6 Appeals. of Construction 988–2431, Reservoirs: Ft. Loudoun, 1304.7 Conditions of approvals. Tellico, Fontana 1304.8 Denials. § 1304.1 Scope and intent. (3) 221 Old Ranger Road, Murphy, NC 1304.9 Initiation of construction. The Tennessee Valley Authority Act 28906, (704) 837–0237, Reservoirs: 1304.10 Change in ownership of approved of 1933 among other things confers on Hiwassee, Chatuge, Appalachia, Blue structures. Ridge Nottely, Ocoee 1304.11 Little Tennessee River; date of TVA broad authority related to the formal submission. unified conservation and development (4) 2611 W. Andrew Johnson Hwy., of the Tennessee River Valley and Morristown, TN 37814–3295, (865) Subpart BÐRegulation of Nonnavigable surrounding area and directs that 632–2753, Reservoirs: Cherokee, Houseboats property in TVA’s custody be used to Douglas 1304.100 Scope and intent. promote the Act’s purposes. In (5) Reservoir Road, P.O. Box 1010, 1304.101 Nonnavigable houseboats. particular, section 26a of the Act Muscle Shoals, AL 35662–1010, (256) 1304.102 Numbering of nonnavigable requires that TVA’s approval be 386–2564, Reservoirs: Wheeler, houseboats and transfer of ownership. Wilson, Tims Ford, Great Falls 1304.103 Approval of plans for structural obtained prior to the construction, modifications or rebuilding of approved operation, or maintenance of any dam, (6) 202 West Blythe Street, P.O. Box nonnavigable houseboats. appurtenant works, or other obstruction 280, Paris, TN 38242, (901) 642–2041, affecting navigation, flood control, or Reservoirs: Kentucky, Beech River, Subpart CÐTVA Owned Residential Access public lands or reservations along or in Columbia, Normandy Shoreland the Tennessee River or any of its (7) P.O. Box 1010, Muscle shoals, AL 1304.200 Scope and intent. tributaries. By way of example only, 35662–1010, (256) 386–3782, 1304.201 Applicability. such obstructions may include boat Reservoirs: Pickwick, Bear Creek 1304.202 General sediment and erosion (8) Suite 218, Heritage Federal Bank control provisions. docks, piers, boathouses, buoys, floats, 1304.203 Vegetation management. boat launching ramps, fills, water Building, 4105 Fort Henry Drive, 1304.204 Dock, piers, and boathouses. intakes, devices for discharging effluent, Kingsport, TN 37662, (423) 239–2001, 1304.205 Other water-use facilities. bridges, aerial cables, culverts, Reservoirs: Boone, Watauga, Wilbur, 1304.206 Requirements for community pipelines, and nonnavigable houseboats Fort Patrick Henry, South Holston dock, pier, boathouse, or other water-use as defined in § 1304.101. Any person (9) 4833 Highway 58, Chattanooga, TN facilities. considering constructing, operating, or 37416, (423) 954–3811, Reservoirs: 1304.207 Channel excavation on TVA- maintaining any such structure on a Chickamauga, Nickajack owned residential access shoreland. stream in the Tennessee River (10) 2009 Grubb Road, Lenoir City, TN 1304.208 Shoreline stabilization. 1304.209 Fish attractor, spawning, and Watershed should carefully review the 37771–6440, (865) 988–2445, habitat structures. regulations in this part and the 26a Reservoirs: Watts Bar, Melton Hill 1304.210 Land-based structures/alterations. Applicant’s Package before doing so. (11) 2325 Henry Street, Guntersville, AL 1304.211 Grandfathering of preexisting The regulations also apply to certain 35976–1868, (256) 571–4283, shoreline uses and structures. activities on land subject to TVA Reservoirs: Guntersville
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(b) Submittal of Section 26a proposed facility and the extent of any construction; the location of borrow or Application. Applicants must submit site disturbance for the proposed spoil areas on or off TVA land; the certain required information depending project. An 81⁄2 by 11-inch copy of one extent of soil and vegetative upon whether a proposed facility is a of the following is ideal: a TVA land disturbance; and information on any minor or major facility. Examples of the map, a subdivision map, or a portion of special reservoir operations needed for two categories are provided in a United States Geological Survey the project, such as drawdown or water paragraphs (b)(1) and (2) of this section. topographic map. The subdivision name discharge restrictions. Most residential related facilities are and lot number and the map number or (v) Site plans. Some projects, minor facilities. Commercial or name shall be included, if available. particularly larger ones, may require a community facilities generally are major (2) Information required for a major separate site plan which details existing facilities. TVA shall determine whether facility. One (1) copy of the application and proposed changes to surface a proposed facility is minor or major. shall be prepared and submitted topography and elevations (cut and fill, An application shall not be complete according to instructions included in clearing, etc.), location of all proposed until payment of the appropriate fee as the section 26a Applicant’s Package. By facilities, and erosion control plans. determined in accordance with 18 CFR way of example only, major projects and (vi) Environmental consultations and part 1310, and disclosed to the facilities may include: marinas, permits. To the fullest extent possible applicant in the materials provided with community docks, barge terminals, the applicant shall obtain or apply for the application package or by such other utility crossing, bridges, culverts, roads, other required environmental permits means of disclosure as TVA shall from wastewater discharges, water intakes, and approvals before or at the same time time to time adopt. For purposes of the dredging, and placement of fill. The as applying for section 26a approvals. information required to be submitted application shall include: Consultations under the National under this section and the (i) Completed application form. Historic Preservation Act of 1966 and determination of fees, a request for a Application forms are available from the Endangered Species Act of 1973 variance to the size limitations for a TVA at the locations identified at the shall take place, and permits from the residential-related facility shall be beginning of this section. The U.S. Army Corps of Engineers and State regarded as an application for a major application shall include a narrative agencies for water or air regulation shall facility. project description which indicates be obtained prior to or applications (1) Information required for review of what is to be built, removed, or made at the same time as application for minor facility. By way of example only, modified, and the sequence of the work. section 26a approval. The applicant minor facilities may include: boat (ii) Project plan or drawing. Adequate shall provide TVA with copies of any docks, piers, rafts, boathouses, fences, project plans or drawings shall such permits or approvals that are steps, gazebos, and shoreline-based accompany the application. They shall: issued. (A) Be prepared on paper suitable for shelters. One copy of the application (c) Discharges into navigable waters of reproduction (no lager than 11 by 17 shall be prepared and submitted in the United States. If construction, inches) or contained on a 31⁄2-inch accordance with the instructions maintenance, or operation of the floppy disc in ‘‘dxf’’ format. included in the section 26a Applicant’s proposed structure or any part thereof, (B) Contain the date; applicant name; Package. The application shall include: or the conduct of the activity in stream; river or reservoir name; river (i) Completed application form. One connection with which approval is mile; locator landmarks; and direction (1) copy of the application shall be sought, may result in any discharge into prepared and submitted. Application of water flow, if known; (C) Identify the kind of structure, navigable waters of the United States, forms are available from TVA at the applicant shall also submit with the locations identified at the beginning of purpose/intended use; (D) Include a plan and profile view of application, in addition to the material this section. The application shall the structure; required by paragraph (b) of this section, include a project description which (E) Show principal dimensions, size, a certification from the State in which indicates what is to be built, removed, and location in relation to shoreline; such discharge would originate, or, if or modified, and the sequence of the (F) Show elevations (in context of appropriate, from the interstate water work. normal summer pool if on a reservoir, pollution control agency having (ii) Project, plan, or drawing. The or normal high water elevation above jurisdiction over the navigable waters at project plan/drawing shall: mean sea level if located on a free- the point where the discharge would (A) Be prepared on paper suitable for flowing stream or river); and originate, or from the Environmental 1 reproduction (8 ⁄2 by 11 inches); (G) Show the north arrow. Protection Agency, that such State or (B) Identify the kind of structure, (iii) Location map. The location map interstate agency or the Environmental purpose/intended use; must clearly indicate the exact location Protection Agency has determined that (C) Show principal dimensions, size, and extent of site disturbance for the there is reasonable assurance that and location in relation to shoreline; proposed project. An 81⁄2 by 11-inch applicant’s proposed activity will be (D) Shoe the height of the structure copy of the appropriate portion of a conducted in a manner which will not above the water; and United States Geological Survey violate applicable water quality (E) Indicate the river or reservoir topographic map is recommended. The standards. The applicant shall further name, river mile, locator landmarks, and map number or name shall be included. submit such supplemental and direction of water flow if known. In addition, recent photos of the additional information as TVA may (iii) A site photograph. The location are helpful for TVA’s review deem necessary for the review of the photograph shall be at least 3 by 5 and may be included. application, including, without inches in size and show the location of (iv) Other information where limitation, information concerning the the proposed shoreline structure or applicable. The location of any material amounts, chemical makeup, alteration and the adjacent shoreline laydown or assembly areas, staging temperature differentials, type and area. areas, equipment storage areas, new quantity of suspended solids, and (iv) Location map. The location map access roads, and road/access closure proposed treatment plans for any shall clearly show the location of the required by the project or needed for proposed discharges.
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§ 1304.3 Delegation of authority. TVA shall give notice of the hearing to the decision by the Vice President. If the The power to approve or disapprove interested persons. Such notice may be Vice President, either initially or as the applications under this part is delegated given by publication in the Federal result of an appeal, disapproves an to the Vice President, Resource Register, publication in a daily application or approves it with terms Stewardship, or the designee thereof, newspaper of general circulation in the and conditions deemed unacceptable by subject to appeal to the Board as area of the proposed structure, personal the applicant, the applicant may, by provided in § 1304.6. In his/her written notice, posting on TVA’s written request addressed to the Board discretion, the Vice President may Internet website, or by any other method of Directors, Tennessee Valley submit any application to the Board for reasonably calculated to come to the Authority, 400 W. Summit Hill Drive, its approval or disapproval. attention of interested persons. The Knoxville, TN 37902, and mailed within Administration of the handling of notice shall indicate the place, date, and thirty (30) days after receipt of the applications is delegated to Resource time of hearing (to the extent feasible), decision, obtain review of the decision Stewardship the particular issues to which the by the Board. In either event, the request hearing will pertain, and the manner of must contain a signed representation § 1304.4 Application review and approval becoming a party of record, and shall that a copy of the written request for process. provide other pertinent information as review was mailed to each party of (a) TVA shall notify the U.S. Army appropriate. The applicant shall record at the same time as it was mailed Corps of Engineers (USACE) and other automatically be a party of record. to TVA. A decision by the Vice Federal agencies with jurisdiction of the (b) Hearings may be conducted by the President is a prerequisite for seeking application as appropriate. Vice President and/or such other person Board review. There shall be no (b) Any interested person may become or persons as may be designated by the administrative appeal of a Board a party of record at any time before the Vice President or the Board for that decision approving or disapproving an Vice President’s decision is issued (or purpose. Hearings are public and are application. the decision of the Board on matters conducted in an informal manner. (c) A party of record who is aggrieved referred by the Vice President) by Parties or record may be represented by or adversely affected by any decision writing to TVA at one of the locations counsel or other persons of their approving an application may obtain identified in § 1304.2. choosing. Technical rules of evidence review by the Board or by the Vice (c) Hearings concerning approval of are not observed although reasonable President, as appropriate, of such applications are conducted (in bounds are maintained as a relevancy, decision by written request prepared, accordance with § 1304.5) when: materiality, and competency. Evidence addressed and mailed as provided in (1) TVA deems a hearing is necessary may be presented orally or by written paragraph (b) of this section. or appropriate in determining any issue statement and need not be under oath. (d) Requests for review by the Vice presented by the application; Cross-examination of witnesses or President shall specify the reasons why (2) A hearing is required under any others providing statements or testifying it is contended that the determination of applicable law or regulation; at a hearing shall not be allowed. After the Vice President’s designee is in error. (3) A hearing is requested by the the hearing has been completed, (e) The applicant or other person USACE pursuant to the TVA/Corps joint additional evidence will not be received requesting review and any party of processing Memorandum of unless it presents new and material record may submit additional written Understanding; or matter that in the judgment of the material in support of their positions to (4) An applicant or other party of person or persons conducting the the Vice President within thirty (30) record appeals the decision of the Vice hearing could not be presented at the days after receipt by TVA of the request President in accordance with the hearing. Where construction of the for review. Following receipt of a provisions of § 1304, and any party of project also requires the approval of request for review, the Vice President record requests or the TVA Investigator another agency of the Federal will conduct such review as he or she directs that a hearing be held. Government by or before whom a deems appropriate. If additional (d) Upon completion of the review of hearing is to be held, the Vice President information is required of the applicant the application, including any hearing may arrange with such agency to hold or other person requesting the review, or hearings, the Vice President shall a joint hearing. the Vice President shall allow for at issue a decision approving or least thirty (30) days in which to disapproving the application. The basis § 1304.6 Appeals. provide the additional information. At for the decision shall be set forth in the (a) Decisions approving or the conclusion of the review, the Vice decision. In his discretion the Vice disapproving an application may be President shall render his or her President may refer any application and appealed as provided in this section. decision approving or disapproving the supporting materials to the Board for its Decisions by the Vice President’s application. approval or disapproval. designee shall be reviewed by the Vice (f) Requests for review by the Board (e) Promptly following the issuance of President; decisions by the Vice shall specify the reasons why it is the decision, the Vice President or the President shall be reviewed by the contended that the Vice President’s Board, as the case may be, shall furnish Board. determination is in error and indicate a written copy thereof to the applicant (b) If a designee of the Vice President whether a hearing is requested. and to any parties of record. The Vice disapproves an application or approves (g) The applicant or other person President’s decision shall become final it with terms and conditions deemed requesting review and any party of unless an appeal is made pursuant to unacceptable by the applicant, the record may submit additional written § 1304.6. Any decision by the Board on applicant may, by written request material in support of their positions to a matter referred by the Vice President addressed to the Vice President, the Board within thirty (30) days after shall be a final decision. Resource Stewardship, Tennessee receipt by TVA of the request for Valley Authority, P.O. Box 1589, 17 review. Following receipt of a request § 1304.5 Conduct of hearings. Ridgeway Road, Norris, TN 37828–1589, for review, the Board will review the (a) If a hearing is to be held for any and mailed within thirty (30) days after material on which the Vice President’s of the reasons described in § 1304.4(c), receipt of the decision, obtain review of decision was based and any additional
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56827 information submitted by any party of adequately protect against adverse (2) Equipped with a motor and rudder record, or a summary thereof, and may effects. controls located at a point on the conduct or cause to be conducted such houseboat from which there is forward investigation of the application as the § 1304.9 Initiation of construction. visibility over a 180-degree range; Board deems necessary or desirable. In A permit issued pursuant to this part (3) Complaint with all applicable the event the Board decides to conduct shall expire unless the applicant State and Federal requirements relating an investigation, it shall appoint an initiates construction within eighteen to vessels; Investigating Officer. The Investigating (18) months after the date of issuance. (4) Registered as a vessel in the State Officer may be a TVA employee, § 1304.10 Change in ownership of of principal use; and including a TVA Resource Stewardship approved structures. (5) State registration numbers clearly displayed on the vessel. employee, or a person under contract to (a) When ownership of a permitted (b) Nonnavigable houseboats TVA, and shall not have been directly structure changes, the new owner shall approved by TVA prior to [the effective and substantially involved in the notify TVA within sixty (60) days of the date of the final rule] shall be deemed decision being appealed. The change of ownership. Upon application existing houseboats and may remain on Investigating Officer shall be the hearing to TVA by the new owner, a permit for TVA reservoirs provided they remain in officer for any hearing held during the those existing structures or alterations compliance with the rules contained in appeal process. At the conclusion of his shall be reissued to the new owner. or her investigation, the Investigating (b) The new owner and any this part. Such houseboats shall be Officer shall summarize the results of subsequent owners may, upon moored to mooring facilities contained the investigation in a written report to application for and receipt of a permit, within the designated and approved the Board. The report shall be provided continue to use existing permitted harbor limits of a commercial marina. to all parties of record and made part of structures. Alternatively, provided the owner has the public record. Based on the review, (c) Subsequent owners are not obtained written approval from TVA investigation, and written submissions required to modify existing structures pursuant to subpart A of this part provided for in this paragraph, the constructed and maintained in authorizing mooring at such location, Board shall render its decision accordance with the standards in effect nonnavigable houseboats may be approving or disapproving the at the time the permit was first issued moored to the bank of the reservoir at application. provided they: locations where the owner of the houseboat is the owner or lessee (or the (h) A written copy of the decision in (1) Maintain such structures in good licensee of such owner or lessee) of the any review proceeding under this repair; and shoreline land, and at locations section, either by the Vice President or (2) Obtain TVA approval for any described by § 1304.201(a)(1), (2) and by the Board, shall be furnished to the repairs that would alter the size of the (3). All nonnavigable houseboats must applicant and to all parties of record facility or for any new construction. be moored in such a manner as to: promptly following determination of the § 1304.11 Little Tennessee River; date of (1) Avoid obstruction of or matter. formal submission interference with navigation, flood § 1304.7 Conditions of approvals. As regards structures on the Little control, public lands or reservations; Tennessee River, applications are (2) Avoid adverse effects on public Approvals of applications shall deemed by TVA to be formally lands or reservations; contain such conditions as are required submitted within the meaning of section (3) Prevent the preemption of public by law and may contain such other 26a of the Act, on that date upon which waters when moored in permanent general and special conditions as TVA applicant has complied in good faith locations outside of the approved harbor deems necessary or desirable. with all applicable provisions of limits of commercial marinas; § 1304.2. § 1304.8 Denials. (4) Protect land and landrights owned by the United States alongside and Subpart BÐRegulation of TVA may, at its sole discretion, deny subjacent to TVA reservoirs from Nonnavigable Houseboats any application to construct, operate, trespass and other unlawful and conduct, or maintain any obstruction, § 1304.100 Scope and intent. unreasonable users; and structure, facility, or activity that in This subpart prescribes regulations (5) Maintain, protect, and enhance the TVA’s judgment would be contrary to governing existing nonnavigable quality of the human environment. the unified development and regulation houseboats that are moored, anchored, (c) All approved nonnavigable of the Tennessee River system, would or installed in the Tennessee River houseboats must be equipped as follows adversely affect navigation, flood system or its tributaries. No new with properly installed and operating control, public lands or reservations, the nonnavigable houseboats shall be Marine Sanitation Devise (MSD) or environment or sensitive resources moored, anchored, or installed in any Sewage Holding Tanks and pumpout (including, without limitation, federally portion of the Tennessee River system capability: listed threatened or endangered species, or its tributaries. (1) Nonnavigable houseboats moored high priority State-listed species, on ‘‘Discharge Lakes’’ must be equipped wetlands with high function and value, § 1304.101 Nonnavigable houseboats with a Type I or Type II MSD. archaeological or historical sites of (a) Any houseboat failing to comply (2) Nonnavigable houseboats moored national significance, and other sites or with the following criteria shall be in: ‘‘No Discharge Lakes’’ must be locations identified in TVA Reservoir deemed a non-navigable houseboat and equipped with holding tanks and Land Management Plans as requiring may not be moored, anchored, installed, pumpout capability. If a nonnavigable protection of the environment), or or operated on any part of the Tennessee houseboat moored in a ‘‘No Discharge would be inconsistent with TVA’s River System or its tributaries except as Lake’’ is equipped with a Type I or Type Shoreline Management Initiative. In lieu provided in paragraph (b) of this II MSD, it must be secured to prevent of denial, TVA may require mitigation section: discharge into the lake. measures where, in TVA’s sole (1) Built on a boat hull or on two or (d) Approved nonnavigable judgment, such measures would more pontoons; houseboats shall be maintained in a
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Profile Elevation (whichever is height is prohibited except as approved This subpart addresses residential- applicable). in writing by TVA. related (all private, noncommercial (c) Disturbed sites must be promptly (e) All nonnavigable houseboats shall uses) shoreland construction activities stabilized with seeding, vegetative comply with the requirements for along and across shoreland property planting, erosion control netting, and/or flotation devices contained in owned by the United States and under mulch material. § 1304.401. the custody and control of TVA. Individual residential landowners § 1304.203 Vegetation management. (f) Applications for mooring of a wishing to construct shoreline facilities, No vegetation management shall be nonnavigable houseboat outside of clear vegetation and/or maintain an approved on TVA-owned Residential designated harbor limits will be access corridor on adjacent TVA-owned Access Shoreline until a Vegetation disapproved if TVA determines that the lands are required to apply for and Management Plan meeting the proposed mooring location would be obtain a permit from TVA before vegetation management standards contrary to the intent of this subpart. conducting any such activities. contained in this section is submitted to § 1304.12 Numbering of nonnavigable (a) This subpart applies to the and approved by TVA. houseboats and transfer of ownership. following TVA-reservoir shoreline (a) Except for the moving of lawns (a) All approved nonnavigable classifications: established and existing before [the (1) TVA-owned shorelands over houseboats shall display a number effective date of the final rule], all which the adjacent residential assigned by TVA. The owner of the vegetation management activities on landowner holds rights of ingress and nonnavigable houseboat shall paint or TVA-owned property subject to this egress to the water (except where TVA’s attach a facsimile of the number on a subpart (including all such activities deeded rights exclude a particular readily visible part of the outside of the described in paragraphs (b) through (m) activity); facility in letters at least 3 inches high. of this section as ‘‘allowed’’ and all (2) TVA-owned shorelands designated activities undertaken in connection with (b) The transferee of any nonnavigable in current TVA Reservoir Land houseboat approved pursuant to the a section 26a permit obtained before Management Plans as open for [the effective date of the final rule]) regulations in this subpart shall, within consideration of residential shoreline thirty (30) days of the transfer require TVA’s advance written development; and permission. Special site circumstances transaction, report the transfer to TVA. (3) On reservoirs not having a current (c) A nonnavigable houseboat moored such as the presence of wetlands may approved TVA Reservoir Land result in a requirement for mitigative at a location approved pursuant to the Management Plan at the time of regulations in this subpart shall not be measures or alternative vegetation application, TVA-owned shorelines management approaches. relocated and moored at a different designated in TVA’s property forecast location without prior approval by TVA, (b) Vegetation may be cleared to system as ‘‘reservoir operations create and maintain an access corridor except for movement to new locations to property,’’ identified in a subdivision or between mooring facilities within the up to but not exceeding 20 feet wide. plan recorded prior to September 24, The corridor will extend from the designated harbor limits of a 1992, and containing at least one water- commercial dock or marina. common boundary between TVA and use facility developed prior to the adjacent landowner to the water at September 24, 1992. § 1304.103 Approval of plans for structural normal summer pool. (b) Construction of residential modifications or rebuilding of approved (c) The access corridor will be located shoreline structures, access corridors, nonnavigable houseboats. to minimize removal of trees of other and vegetation management activities by Plans for the structural modification, vegetation on the TVA land. owners of adjacent upland residential (d) Grass may be planted and mowed or rebuilding of an approved property shall not be allowed on any nonnavigable houseboat shall be within the access corridor, and stone, TVA-owned lands other than those brick, concrete, mulch, or wooden submitted to TVA for review and described in one or more of the approval in advance of any structural paths, walkways and/or steps are classifications identified in paragraph allowed. Pruning of side limbs that modification which would increase the (a) of this section. extend into the access corridor from length, width, height, or flotation of the (c) Flowage easement shoreland. trees located outside the access corridor structure. Except as otherwise specifically provided in subpart D of this part, is allowed. Subpart CÐTVA Owned Residential (e) A 50-foot-deep shoreline subpart C does not apply to shorelines management zone (SMZ) shall be Access Shoreland where TVA’s property interest of designated along the shoreline. The ownership of a flowage easement. The § 1304.200 Scope and intent. SMZ shall begin at the normal summer terms of the particular flowage easement Subpart C applies to residential water- pool elevation and extend 50 feet and subparts A, B, D and E of this part use facilities, specifically the horizontally inland on TVA property or govern the use of such property. construction of docks, piers, boathouses a lesser distance coincidental with TVA (fixed and floating), retaining walls, and § 1304.202 General sediment and erosion ownership. Within the SMZ, no trees other structures and alterations, control provisions. may be cut or vegetation removed, including channel excavation and (a) During shoreline construction except that which is preapproved by vegetation management, on or along activities TVA shall require that TVA within the access corridor. TVA-owned residential access appropriate erosion and sediment (f) Within the 50-foot SMZ and shoreland. TVA manages the TVA- control measures be utilized to prevent elsewhere on TVA land as defined in owned residential access shoreland to pollution of the waters of the reservoir. § 1304.201, clearing of specified conserve, protect, and enhance (b) All material which accumulates understory plants (poison ivy, Japanese shoreland resources, while providing behind sediment control structures must honeysuckle, kudzu, and other exotic
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Fort Loudoun, and Tellico, shall be a (c) All anchoring cables or spud poles (h) Removal of trees outside of the minimum of 24 inches above normal must be anchored to the walkway or to access corridor but within the SMZ may summer pool). the ground in a way that will not be approved to make the site suitable for (e) All docks, piers and other water- accelerate shoreline erosion. Anchoring approved shoreline erosion control use facilities must be attached to the of cables, chains, or poles to trees on projects. shore with a walkway which must TVA property is not permitted. (i) Vegetation removed for erosion connect from land to the structure by (d) Electrical appliances, including control projects must be replaced with the most direct route and must adjoin stoves, refrigerators, freezers, and native species of vegetation. the access corridor. microwave ovens are not permitted on (j) The forest floor must be left (f) Docks, piers, and boathouses may docks, piers, or boathouses. undisturbed, except as specified in this be fixed or floating or a combination of (e) Mooring buoys/posts may be § 1304.203. Mowing is allowed only the two types. permitted in association with docks, within the access border. (g) Roofs are allowed on boatslips, piers, and boathouses provided the (k) Planting of trees, shrubs, except on Kentucky Reservoir where following requirements are met. wildflowers, and ground covers is roofs are not allowed on fixed structures (1) Posts and buoys shall not extend allowed to improve or enhance the due to extreme water level fluctuations. farther into the lake than the associated vegetative cover, provided native plants Roofs over docks or pier to provide waterfront structure. are used. shade are allowed on all reservoirs. (2) Posts must be 36 inches in height (l) Fertilizers and herbicides shall not (h) Docks proposed in subdivisions above the 100-year-flood elevation. be applied within the SMZ or elsewhere recorded after [the effective date of the (3) Buoys must conform to the on TVA land, except as specifically final rule] must be placed at least 50 feet Uniform State Waterway Marking approved in the Vegetative Management from the neighbor’s docks. When this system. Plan. density requirement cannot be met, (f) Where the applicant owns or (m) Restricted use herbicides and TVA may require group or community controls less than 50 feet of property pesticides shall not be applied within facilities. adjoining TVA shoreline, the overall the shoreline management zone except (i) Covered boatslips may be open or width of the facilities permitted along by a State certified applicator. All enclosed with siding. the shore shall be limited to ensure herbicides and pesticides shall be (j) Access walkways constructed over sufficient space to accommodate other applied in accordance with label water and internal walkways inside of property owners. requirements. boathouses shall not exceed 6 feet in (g) Structures shall not be wider than width. the width of the lot. § 1304.204 Docks, piers, and boathouses. (k) Enclosed space shall be used (h) In congested areas, TVA may Applicants are responsible for solely for storage of water-use establish special permit conditions submitting plans for proposed docks, equipment. The outside deminsions of requiring dry-docking of floating piers, and boathouses that conform to any completely enclosed storage space structures when a lake reaches a specific the standards that define the size of shall not exceed 32 square feet and must drawdown elevation to prevent these water-use facility that will be approved be located on an approved dock, pier, or structures from interfering with by TVA. Where and if site constraints at boathouse, not on TVA land. navigation traffic, recreational boating the proposed construction location (l) Docks, piers, and boathouses shall access, or adjacent structures during preclude the building of a maximum not contain living space or sleeping winter drawdown. approvable-sized structure, TVA shall areas. Floor space shall not be determine the size of facility that may considered enclosed if three of the four § 1304.206 Requirements for community be approved. Applicants are required to walls are constructed of wire or screen dock, pier, boathouse, or other water-use facilities. submit accurate drawings with mesh from floor to ceiling, and the wire dimensions of all proposed facilities. or screen mesh leaves the interior of the (a) Community facilities where (a) Docks, piers, boathouses, and all structure open to the weather. individual facilities are not allowed: other resident water-use facilities shall (m) Toilets or sinks creating (1) TVA may limit water-use facilities not exceed a total footprint area of discharges into the lake are not to community facilities where physical greater than 1000 square feet. permitted. or environmental constraints on the (b) Docks, boatslips, piers, and fixed (n) Covered docks, boatslips, and shoreline preclude approval of or floating boathouses are allowable. boathouses shall not exceed one story in individual docks priers or boathouses. These and other water-use facilities height. (2) When individual water-use associated with a lot must be sited (o) Second stories on covered docks, facilities are not allowed, no more than within a 1000-square-foot rectangular or piers, boatslips, or boathouses may be one slip for each lot adjoining the TVA square area at the lakeward end of the constructed as open decks with railing shoreland will be approved for any access walk away that extends from the but shall not be enclosed with siding, community facility. shore to the structure. Walkways from screening, or covered by a roof. (3) In narrow coves or other situations shoreline to the water-use structure are where shoreline frontage is limited, not included in calculating the 1000- § 1304.205 Other water-use facilities. shoreline development may be limited foot area. (a) A marine railway or concrete boat to one landing dock for temporary (c) Docks and walkway(s) shall not launching ramp with associated moorage of boats not to exceed the 1000- extend more than 150 feet from the driveway may be located within the square-foot footprint requirement, and/
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 56830 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules or a boat launching ramp, if the site, in accordance with any applicable local, (3) Reclamation of land that has been TVA’s judgment, will accommodate State, and Federal regulations at an lost to erosion is not allowed. such development. upland site above the TVA Flood Risk (4) The base of the retaining wall shall (4) TVA will establish harbor limits Profile elevation. For those reservoirs not be located more than an average of for all community facilities exceeding that have no flood control storage, two horizontal feet lakeward of the 1000 square feet. dredge spoil must be disposed of and existing normal summer pool elevation. (b) Community facilities at jointly- stabilized above the limits of the 100- Riprap shall be placed at least two feet owned community outlots: year floodplain and off of TVA property. in depth along the footer of the retaining (1) Plans for community facilities wall to deflect wave action and reduce § 1304.208 Shoreline stabilization. must be submitted by the developer of undercutting that could eventually the subdivision or by a State-chartered TVA may allow homeowners to damage the retaining wall. homeowner’s association representing stabilize eroding shorelines. TVA will all persons with a property interest in determine if shoreline erosion is § 1304.209 Fish attractor, spawning, and the community lot where the facilities sufficient to approve the proposed habitat structures. are proposed. stabilization treatment. Fish attractors constitute potential (2) Size and number of slips at (a) Biostabilization of eroded obstructions and require TVA approval. community water-use facilities lots shall shorelines. (a) Fish attractors may be constructed be determined by TVA with (1) Moderate contouring of the bank of anchored brush piles, log cribs, and/ consideration of the following: may be allowed to provide conditions or spawning benches, stake beds, (i) Size of community outlot; suitable for planting of vegetation. vegetation, or rock piles, provided they (ii) Parking accommodations on the (2) Tightly bound bundles of coconut meet TVA Guidelines for fish Attractor community outlot; fiber, logs, or other natural materials Placement in TVA Reservoirs (TVA, (iii) Length of shoreline frontage would be placed at the base of the 1997). associated with the community outlot; eroded site to deflect waves. (b) When established in connection (iv) Number of property owners with (3) Willow stakes and bundles and with an approved dock, fish attractors access rights to the community outlot; live cuttings of suitable native plant shall not project more than 30 feet out and materials may be planted along the from any portion of the dock. (v) Other site specific conditions as surface of the eroded area. (c) Any floatable materials must be (4) Native vegetation may be planted determined by TVA. permanently anchored. (3) Vegetation management shall be in within the shoreline management zone accordance with the requirements of to help minimize further erosion. § 1304.210 Land-based structures/ § 1304.203 except that, at TVA’s (5) Riprap may be allowed along the alternations. discretion, the community access base of the eroded area to prevent (a) Except for steps, pathways, boat corridor may exceed 20 feet in width, further undercutting of the bank. launching ramps, marine railways and thinning of vegetation outside of the (b) Use of gabions and riprap to located in the access corridor, bank corridor within or beyond the SMZ may stabilize eroded shorelines. stabilization along the shoreline, and (1) The riprap material must be be allowed to enhance views of the lake. other uses described in this subpart, no quarry-run stone, natural stone, or other permanent structures, fills or grading § 1304.207 Channel excavation on TVA- material approved by TVA. owned residential access shoreland. (2) Rubber tires, concrete rubble, or shall be allowed on TVA land. (b) Portable items such as picnic (a) Excavation of individual boat other debris salvaged from construction tables and hammocks may be placed on channels shall be approved only when sites shall not be used to stabilize TVA land; permanent land-based TVA determines there is no other shorelines. structures such as picnic pavilions, practicable alternative to achieving (3) Gabions (rock wrapped with wire gazebos, satellite antennas, septic tanks, sufficient navigable water depth and the mesh) that are commercially and drainfields shall not be allowed on action would not substantially impact manufactured for erosion control may TVA land. sensitive resources. be used. (b) No more than 150 cubic yards of (4) Riprap material must be placed so (c) Utility lines (electric, water-intake material shall be removed for any as to follow the existing contour of the lines, etc.) may be placed within the individual boat channel. bank. access corridor as follows: (c) The length, width, and depth of (5) Site preparation must be limited to (1) Power lines and poles must be approved boat channels shall not exceed the work necessary to obtain adequate installed: the dimensions necessary to achieve 3- slope and stability of the riprap (i) Above normal summer pool; foot water depths for navigation of the material. (ii) In a way that would not be vessel at the minimum winter (c) Use of retaining walls for shoreline hazardous to the public or interfere with drawdown elevation. stabilization. TVA operations; (d) Each side of the channel shall (1) Retaining walls shall be allowed (iii) Solely to serve water-use have a slope ratio of at least 3:1. only where the erosion process is severe facilities, and (e) Only one boat channel or harbor and TVA determines that a retaining (iv) In compliance with all State and may be considered for each abutting wall is the most effective erosion control local codes. property owner. option or where the proposed wall (2) Electrical service must be installed (f) The grade of the channel must would connect to an existing wall on with an electrical disconnect that is: allow drainage of water during lake the lot or to an adjacent owner’s wall. (i) Located above the 500-year drawdown periods. (2) The retaining wall must be floodplain or the flood risk profile, (g) Channel excavations must be constructed of stone, concrete blocks, whichever is higher, and accomplished during the lake poured concrete, gabions, or other (ii) Is accessible during flood events. drawdown when the lake bottom is materials acceptable to TVA. Railroad (d) Fences crossing TVA residential exposed and dry. ties, rubber tires, broken concrete, brick, access shoreland may be considered (h) Spoil material from channel creosote timbers, and asphalt are not only where outstanding agricultural excavations must be placed on allowed. rights or fencing rights exist and the
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56831 land is used for agricultural purposes. (1) Maintain existing permitted docks, (a) All of §§ 1304.204, 1304.209, and Fences much have a built-in means for piers, boathouses, and other shoreline 1304.212 shall apply, easy pedestrian passage by the public structure in good repair. (b) Sections 1304.200, 1304.203, and they must be clearly marked. (2) Obtain TVA approval for any 1304.206, 1304.207 (except to the extent repairs that would alter the size of the it creates an obstruction), 1304.210, and § 1304.211 Grandfathering of preexisting facility, for any new construction, or for 1304.213 shall not apply. shoreline uses and structures. removal of trees or other vegetation. (c) Section 1304.201 shall not apply In order to provide for a smooth except for paragraph (c). transition to new standards, § 1304.213 Waivers on TVA-owned (d) Section 1304.202 shall apply grandfathering provisions shall apply to residential access shoreland. except that TVA shall determine on a preexisting development and shoreline (a) Waivers or variances of standards case-by-case basis whether it is uses established and permitted prior to contained in this subpart may be necessary to remove materials November 1, 1999, which are located requested as provided in § 1304.409. accumulated behind sediment control along or adjoin TVA-owned access Ordinarily, the following minimum structures to an upland site. residential shoreland or TVA flowage criteria must be established before a (e) Section 1304.205 shall apply easement shoreline. request for waiver or variance of except as follows: (a) Existing shoreline structures standards in this subpart C shall be (1) The facilities described in (docks, retaining walls, etc.) previously considered: paragraph (a) are not limited to permitted by TVA are grandfathered. (1) The property shall be within a locations within an access corridor. (b) Grandfathered structures may preexisting development (an area where (2) The ‘‘50 feet’’ trigger of paragraph continue to be maintained in shoreline development existed prior to (f) shall not apply, but TVA may impose accordance with previous permit [the effective date of the final rule]); and appropriate requirements to ensure requirements, and TVA does not require (2) The shoreline proposed alterations accommodation of neighboring modification to conform to new shall be compatible with surrounding landowners. standards. permitted structures and uses within the (f) Section 1304.208 shall apply (c) If a structure is destroyed by fire subdivision or, if there is no except that TVA approval shall not be or storms, the permit shall be reissued subdivision, within the immediate required to conduct the activities if the replacement facility is rebuilt to vicinity (one-fourth mile radius). described in paragraph (a). specifications originally permitted by (b) In approving waivers of or (g) Section 1304.211 shall apply TVA. variances from the standards in subpart except for paragraph (d). (d) Vegetation management at D of this part, TVA will consider, in (h) Nothing contained in this part grandfathered developments shall be as addition to the factors listed in shall be construed to be in derogation of follows: § 1304.409, the following: the rights of the United States or of TVA (1) Mowing of established preexisting (1) The prevailing permitted practices under any flowage easement held by the lawns on TVA-owned residential access within the subdivision or immediate United States or TVA. shoreland may be continued. vicinity; and (2) At sites where established mowing (2) The uses permitted under the § 1304.301 Septic tanks. is not specifically included as an guidelines followed by TVA before [the All septic tanks and septic tank authorized use in an existing permit, effective date of the final rule]. systems to be installed on flowage TVA will include mowing as a easement land after [the effective date of permitted use in the next permit action § 1304.214 Numbering of structures. the final rule] are subject to the at that site. (a) All approved shoreline structures application and permit requirements of (3) The SMZ is not required where shall display a permit number assigned this part without regard to whether the established lawns existed prior to by TVA. The owner of the structure associated facility or facilities are November 1, 1999. shall attach the number to the structure regulated, and shall comply with (4) Any additional removal of trees or in a readily visible location on the § 1304.403(b) (1) and (2). TVA may other vegetation (except for mowing of lakeward facing side of the structure. exercise its rights under particular established, preexisting lawns) requires (b) Numbers shall be attached within flowage easement documents to deny TVA’s approval. Removal of trees ten (10) days of the completion of the permission to install any septic tank or greater than 3 inches diameter at ground structure. septic tank system that, in TVA’s level is not allowed. (c) During construction, each judgment, would pose a threat of structure will display a temporary pollution. § 1304.212 Change in ownership of poster with permit number supplied by grandfathered structures or alterations. § 1304.302 Utilities. TVA. (a) When ownership of a permitted Upon application to and approval by structure or other shoreline alteration Subpart DÐActivities on TVA Flowage TVA, utility lines (electric, water-intake changes, the new owner shall comply Easement Shoreline lines, etc.) may be placed within the with 1304.10 regarding notice to TVA. flowage easement area as follows: (b) The new owner and any § 1304.300 Scope and intent. (a) Power lines and poles shall be subsequent owners may, upon Any structure built upon land subject installed: application for and receipt of a permit, to a flowage easement held by TVA (1) Above normal summer pool; continue to use existing permitted docks shall be deemed an obstruction affecting (2) In a way that would not be and other shoreline alterations. navigation, flood control, or public hazardous to the public or interfere with (c) Subsequent owners are not lands or reservations within the TVA operations; and required to modify existing prior to meaning of section 26a of the Act. Such (3) In compliance with all State and November 1, 1999. obstructions shall be subject to all local codes. (d) New owners wishing to continue requirements of this part except those (b) Electrical service shall be installed existing grandfathered activities and contained in subpart C, which shall with an electrical disconnect that is structures must: apply as follows: located above the 500-year floodplain or
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 56832 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules the flood risk profile, whichever is Application means a written request interest or of fractional interests totaling higher, and is accessible during flood for the approval of plans pursuant to the less than one in any such property shall events. regulations contained in this part. under no circumstances be considered, Backlot means a residential lot not by virtue of such fractional interests or § 1304.303 Vegetation management on located adjacent to the shoreline but interest only, to be an owner and as flowage easement shoreline. located in a subdivision associated with such eligible to seek approval to Removal, modification, or the shoreline. conduct the activity without the consent establishment of vegetation on privately Board means the Board of Directors of of the other co-owners. owned shoreline subject to a TVA TVA. Shoreland means same as shoreline flowage easements does not require Community outlot means a area. approval by TVA. When reviewing subdivision lot located adjacent to the Shoreline means the line where the proposals for docks or other shoreline and designated by deed or water of a TVA reservoir meets the obstructions on flowage easement subdivision convenant as available for shore when the water level is at the shoreland, TVA shall consider the use by all property owners within the normal summer pool elevation. potential for impacts to sensitive plants subdivision. Shoreline means the line where the or other resources and may establish Dredging means the removal of water of a TVA reservoir meets the conditions in its approval of a proposal material from a submerged location, shore when the water level is at the to avoid or minimize such impacts primarily for deepening harbors and normal summer pool elevation. consistent with applicable laws and waterways. Shoreline area means the surface of executive orders. Enclosed structure means a structure land lying between minimum winter enclosed overhead and on all sides so as pool elevation of a TVA reservoir and § 1304.304 Channel excavation. to keep out the weather. the maximum shoreline contour. (a) Channel excavation of privately Flood control storage means the Shoreline Management Zone (SMZ) owned lake bottom subject to a TVA volume within an elevation range on a means an area on TVA-owned land flowage easement does not require TVA reservoir that is reserved for the beginning at the normal summer pool approval by TVA under section 26a if: storage of floodwater. elevations and extending 50 feet inland. (1) All dredged material is placed Flood control storage zone means the Shoreline structure means Any land- above the limits of the 100-year area within an elevation range on a TVA based structure constructed above the floodplain or the TVA flood risk profile reservoir that is reserved for the storage full summer pool elevation of a TVA elevation, whichever is applicable, and of floodwater. TVA shall, upon request, lake but below the maximum shoreline (2) The dredging is not being identify the contour marking the upper contours of that lake. accomplished in conjunction with the limit of the flood control storage zone at TVA means the Tennessee Valley construction of a shoreline or water- particular reservoir locations. Authority. based structure requiring a section 26a Flood risk profile elevation means the TVA property means real property permit. elevation of the 500-year flood that has owned by the United States and under been adjusted for surcharge at the dam. (b) Any fill material placed within the the custody and control of TVA. Surcharge is the ability to raise the flood control zone of a TVA reservoir Vice President means the Vice water level behind the dam above the requires TVA review and approval. President, Resource Stewardship, TVA, top-of-gates elevation. or a functionally equivalent position. (c) TVA shall encourage owners of Flowage easement shoreland means Water-based structure means any flowage easement property to adopt the privately owned properties where TVA structure, fixed or floating, constructed standards for channel excavation has the right to flood the land. on or in navigable waters of the United applicable to TVA-owned residential Footprint means the total water States. access shoreland. surface area of either a square or Winter drawdown elevation means the rectangular shape occupied by an Subpart EÐMiscellaneous elevation to which a reservoir water adjoining property’s owner’s dock, pier, level is lowered during fall to provide § 1304.400 Definitions. boathouse, or boatwells. storage capacity for winter and spring Maximum shoreline contour means an Except as the context may otherwise floodwaters. elevation typically five feet above the require, the following words or terms, Winter pool means the lowest level top of the gates of a TVA dam. It is when used in this part 1304, have the expected for the reservoir during the sometimes the property boundary meaning specified in this section. flood season. between TVA property and adjoining 100-year floodplain means that area private property. § 1304.401 Flotation devices and material, inundated by the one percent annual Nonnavigable houseboat means any all floating structures. chance (or 100-year) flood. houseboat not in compliance with one (a) Flotation for all docks, boat 500-year floodplain means an area or more of the criteria defining a mooring buoys, and other water-use inundated by the 0.2 percent annual navigable houseboat. structures and facilities, shall be of chance (or 500-year) flood; any land Normal summer pool means the level materials commercially manufactured susceptible to inundation during the to which the reservoirs may be filled by for marine use. Flotation materials shall 500-year or greater flood. June 1. Where storage space is available not become waterlogged, crack, peel, Act means the Tennessee Valley above this level, additional filing may fragment, or be subject to loss of beads. Authority Act of 1933, as amended. be made as needed for flood control. Flotation materials shall be resistant to Section 26a of the Act is reprinted in Owner or landowner means all of the puncture, penetration, damage by Appendix A to this part as a owners of a parcel of land. In all cases animals, and fire. Any flotation within convenience to the reader. where TVA approval is required to 40 feet of a line carrying fuel shall be Applicant means the person, engage in an activity and the applicant’s 100 percent impervious to water and corporation, State, municipality, eligibility to seek approval depends on fuel. Styrofoam flotation must be political subdivision or other entity status as an owner of real property, the encased. Reuse of plastic, metal, or making application to TVA. owner or owners of only a fractional other previously used drums or
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Applicants for (1) An approved upland septic system in compliance with previous rules a wastewater outfall shall provide that meets TVA, State, and local (contained in the 18 CFR, part 400 to copies of all Federal, State, and local requirements; or End, edition revised as of April 1, 2000) permits, licenses, and approvals (2) Proof of a contract with a sewage is authorized until in TVA’s judgment required for the facility prior to disposal contractor; the flotation is no longer serviceable, at applying for TVA approval, or shall (k) A written statement to TVA which time it shall be replaced with concurrently with the TVA application certifying that the system shall be approved flotation upon notification apply for such approvals. A section 26a operated and maintained in such a way from TVA. For any float installed after permit shall not be issued until other as to prevent any discharge or seepage [the effective date of the final rule], required water quality approvals are of wastewater or sewage into the lake. repair or replacement is required when obtained, and TVA reserves the right to it no longer performs its designated impose additional requirements. § 1304.405 Commercial marina harbor limits. function or exhibits any of the (b) Septic systems. Septic tank and conditions prohibited by this subpart. sewage disposal systems associated with The landward limits of commercial (b) Because of the possible release of facilities regulated under this part must marina harbor areas are determined by toxic or polluting substances, and the meet the following requirements: the extent of land rights held by the hazard to navigation from metal drums (1) Site approval by the local health dock operator. The lakeward limits of that become partially filled with water department, including suitable soil harbors at commercial marinas will be and escape from docks, boathouses, conditions, percolation rates, slope, and designated by TVA on the basis of the houseboats, floats, and other water-use area. size and extent of facilities at the dock, structures and facilities for which they (2) A 2-foot vertical separation navigation and flood control are used for flotation, the use of metal disposal field and the normal summer requirements, optimum use of lands and drums in any form, except as authorized pool. land rights owned by the United States, in paragraph (c) of this section, for (3) When annual flood-frequency and on the basis of the environmental flotation of any facilities is prohibited. elevations are available for the effects associated with the use of the (c) Only metal drums which have mainstream reservoirs, they will be used harbor. Mooring buoys or slips and been filled with plastic foam or other instead of the normal summer pool permanent anchorage are prohibited solid flotation materials and welded, elevation. Tributary reservoirs will use beyond the lakeward extent of harbor strapped, or otherwise firmly secured in the normal maximum pool. limits. place prior to July 1, 1972, on existing (4) Septic tank systems shall not be facilities are permitted. Replacement of § 1304.406 Fuel storage tanks and located on TVA-owned property within handling facilities any metal drum flotation permitted to the shoreline area. be used by this paragraph must be with Fuel storage tanks and handling a commercially manufactured flotation § 1304.404 Marina sewage pump-out facilities are generally either stations and holding tanks. device or material, for example, underground (UST) or aboveground pontoons, boat hulls, or other buoyancy All pump-out facilities constructed (AST) storage tank systems. An UST is devices made of steel, aluminum, after [the effective date of the final rule] any one or combination of tanks or tank fiberglass, or plastic foam, as provided shall meet the following minimum systems defined in applicable Federal or for in paragraph (a) of this section. design and operating requirements: State regulations as an UST. Typically (d) Every flotation device employed in (a) Spill-proof connection with (unless otherwise provided by the Tennessee River system must be shipboard holding tanks; applicable Federal or State rules), an firmly and securely affixed to the (b) Suction controls or vacuum UST is used to contain a regulated structure it supports with materials breaker capable of limiting suction to substance (such as a petroleum product) capable of withstanding prolonged such levels as will avoid collapse of and has 10 percent or more of its total exposure to wave wash and weather rigid holding tanks; volume beneath the surface of the conditions. (c) Available fresh water facilities for ground. The total volume includes any tank flushing; piping used in the system. An UST may § 1304.402 Marine sanitation devices. (d) Check valve and positive cut-off or be a buried tank, or an aboveground No person operating a commercial other device to preclude spillage when tank with buried piping if the piping boat dock permitted under this part breaking connection with vessel being holds 10 percent or more of the total shall allow the mooring at such served; system volume including the tank. For permitted facility of any watercraft or (c) Adequate interim storage where purposes of this part, an aboveground floating structure equipped with a storage is necessary before transfer to storage tank (AST) is any storage tank marine sanitation device (MSD) unless approved treatment facilities; whose total volume (piping and tank) is such MSD is in compliance with all (f) No overflow outlet capable of less than 10 percent underground or any applicable statutes and regulations discharging effluent into the reservoir; storage tank defined by applicable law governing ‘‘no discharge’’ zones. All slip (g) Alarm system adequate to notify or regulation as an AST. rental arrangements entered into after the operator when the holding tank is (a) TVA requires the following to be [the effective date of the final rule] by full; included in all applications submitted operators of such commercial boat (h) Convenient access to holding after [the effective date of the final rule] docks shall contain a written provision tanks and piping system for purposes of to install an UST or any part of an UST implementing this requirements. Upon inspection; system below the 500-year flood request of TVA, commercial dock (i) Spill-proof features adequate for elevation on a TVA reservoir, or operators shall provide evidence transfer of sewage from all movable regulated tailwater:
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(1) A copy of the State approval for irrevocable letter of credit, pollution this section, and TVA may sell such the UST along with a copy of the liability insurance, or other evidence of property and apply the proceeds toward application sent to the State and any financial responsibility in the event of a any and all of its removal costs. Small plans or drawings that were submitted release. businesses seeking expedited for the State’s review; consideration of the economic impact of (2) Evidence of secondary § 1304.407 Removal of unauthorized, unsafe, and derelict structures. actions under this section may contact containment for all piping or other TVA’s Supplier and Diverse Business systems associated with the UST; If, at any time, any dock, wharf, Relations staff, TVA Procurement, 1101 (3) Evidence of Secondary boathouse (fixed or floating), Market Street, Chattanooga, Tennessee nonnavigable houseboat, outfall, aerial containment to contain leaks from gas 37402–2801. pump(s); cable, or other fixed or floating structure (4) Calculations certified by a or facility (including any navigable boat § 1304.408 Development within flood licensed, professional engineer in the or vessel that has become deteriorated control storage zones of TVA reservoirs. relevant State showing how the tank and is a potential navigation hazard or (a) Activities involving development will be anchored so that it does not float impediment to flood control) is within the flood control storage zone on during flooding; and anchored, installed, constructed, or TVA reservoirs will be reviewed to (5) Evidence, where applicable, that moored in a manner inconsistent with determine if the proposed activity the applicant has complied with all spill this part, or is not constructed in qualifies as a repetitive action. Under prevention, control and accordance with plans approved by TVA’s implementation of Execution countermeasures (SPCC) requirements. TVA, or is not maintained or operated Order 11988, Floodplain Management, (b) The applicant must accept and so as to remain in accordance with such repetitive actions are projects within a sign a document stating that the plans, or is not kept in a good state of class of Actions TVA has determined to applicant shall at all times be the owner repair and in good, safe, and substantial be approvable without further review of the UST system, that TVA shall have condition, and the owner or operator and documentation related to flood the right (but no duty) to prevent or thereof fails to repair or remove such control storage, provided the loss of remedy pollution or violations of law, structure (or operate or maintain it in flood control storage caused by the including removal of the UST system, accordance with such plans) within project does not exceed one acre-foot. A with costs charged to the applicant, that ninety (90) days after written notice partial list of repetitive actions includes: the applicant shall at all times maintain from TVA to do so, TVA may cancel any (1) Private and public water use and operate the UST system in full license, permit, or approval and remove facilities; compliance with applicable Federal, such structure, and/or cause it to be (2) Commercial recreation boat dock State, and local UST regulations, and removed, from the Tennessee River and water use facilities; that the applicant shall maintain system and/or lands in the custody or (3) Water intake structures; eligibility in any applicable State trust control of TVA. Such written notice (4) Outfalls; fund. may be given by mailing a copy thereof (5) Mooring and loading facilities for (c) An application to install an AST to the owner’s address as listed on the barge terminals; or any part of an AST system below the license, permit, or approval or by (6) Minor grading and fills; and 500-year elevation on a TVA reservoir or posting a copy on the structure or (7) Bridges and culverts for a regulated tailwater is subject to all of facility. TVA will remove or cause to be pedestrian, highway, and railroad the requirements of § 1304.406 (a) and removed any such structure or facility crossings. (b) except that paragraph (a)(1) shall not anchored, installed, constructed, or (b) Projects resulting in flood storage apply in States that do not require moored without such license, permit, or loss in excess of one acre-foot will not application or approval for installation approval, whether such license or be considered repetitive actions. of an AST. Eligibility must be approval has once been obtained and (c) For projects not qualifying as maintained for any applicable AST trust subsequently canceled, or whether it repetitive actions, the applicant would fund, and the system must be has never been obtained. TVA’s removal be required, as appropriate, to evaluate maintained and operated in accordance costs shall be charged to the owner of alternatives to the placement of fill or with any applicable AST regulations. the structure, and payment of such costs the construction of a project within the The applicant must notify and obtain shall be a condition of approval for any flood control storage zone that would any required documents or permission future facility proposed to serve the result in lost flood control storage. The from the State fire marshal’s office prior tract of land at issue or any tract derived alternative evaluation would either to installation of the AST. The applicant therefrom whether or not the current identify a better option or support and must also follow the National Fire owner caused such charges to be document that there is no reasonable Protection Association Codes 30 and incurred. In addition, any applicant alternative to the loss of flood control 30A for installation and maintenance of with an outstanding removal charge storage. If this determination can be flammable and combustible liquids payable to TVA shall, until such time as made, the applicant must then storage tanks at marine service stations. the charge be paid in full, be ineligible demonstrate how the loss of flood (d) Fuel handling on private, non- to receive a permit or approval from control storage will be minimized. commercial docks and piers. TVA will TVA for any facility located anywhere (1) In addition, documentation should not approve the installation, operation, along or in the Tennessee River or its be provided regarding: or maintenance of fuel handling tributaries. TVA shall not be responsible (i) The amount of anticipated flood facilities on any private, non- for the loss of property associated with control storage loss; commercial dock or pier. the removal of any such structure or (ii) The cost of compensation of the (e) Demonstration of financial facility including, without limitation, displaced flood control storage (how responsibility. Applicants for a fuel the loss of any navigable boat or vessel much it would cost to excavate material handling facility to be located in whole moored at such a facility. Any costs from the flood control storage zone, haul or in part on TVA land shall be required voluntarily incurred by TVA to protect it to an upland site and dispose of it); to provide TVA, in a form and amount and store such property shall be (iii) The cost of mitigation of the acceptable to TVA, a surety bond, removal costs within the meaning of displaced flood control storage (how
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56835 much it would cost to excavate material based or water-use, shall not be located situated, and the Corporation is hereby from another site within the flood within the limits of safety harbors and authorized to bring appropriate proceedings control storage zone, haul it to the landings establish for commercial to this end. project site and use as the fill material); navigation. The requirements of this section shall not (iv) The cost of the project; and (b) Structures shall not be located in be constructed to be a substitute for the (v) The nature and significance of any requirements of any other law of the United such a way as to block the visibility of States or of any State, now in effect or economic and/or natural resource navigation aids located on the shoreland hereafter enacted, but shall be in addition benefits that would be realized as a or in the reservoir adjacent to the thereto, so that any approval, license, permit, result of the project. shoreline. Examples of navigation aids or other sanction now or hereafter required (2) TVA may, in its discretion, decline are lights, dayboards, and directional by the provisions of any such law for the to permit any project that would result signs. construction, operation, or maintenance of in the loss of flood control storage. (c) Docks, piers, and boathouses any structures whatever, except such as may (d) Recreational vehicles parked or located in coves, embayments, or creeks be constructed, operated, or maintained by placed within flood control storage the Corporation, shall be required, shall not extend more than one third the notwithstanding the provisions of this zones of TVA reservoirs shall be distance to the opposite shoreline at deemed an obstruction affecting section. normal summer pool elevation. [Note: The official text of section 26a of the navigation, flood control, or public (d) The establishment of ‘‘no-wake’’ lands or reservations within the Tennessee Valley Authority Act of 1933, as zones outside approved harbor limits is amended, is published at 16 U.S.C. 831y–1.] meaning of section 26a of the Act unless prohibited at marinas or community Dated: September 5, 2000. they: dock facilities that are adjacent to or Kathryn J. Jackson, (1) Remain truly mobile and ready for near a commercial navigation channel. highway use. The unit must be on its In such circumstances, facility owners Executive Vice President, River Systems wheels or a jacking system and be Operations and Environment, Tennessee may, upon approval from TVA, install a Valley Authority. attached to its site by only quick floating breakwater along the harbor disconnect type utilities; limit to reduce wave and wash action. [FR Doc. 00–23424 Filed 9–19–00; 8:45 am] (2) Have no permanently attached BILLING CODE 8120±08±M additions, connections, foundations, Appendix A To Part 1304—Section 26a porches, or similar structures; and of Tennessee Valley Authority Act of (3) Have an electrical cutoff switch 1933, as Amended (49 Stat. 1079, 16 DEPARTMENT OF HEALTH AND that is located above the flood control U.S.C. 831y–1) HUMAN SERVICES zone and fully accessible during flood Section 26a. The unified development and events. regulation of the Tennessee River system Food and Drug Administration requires that no dam, appurtenant works, or § 1304.409 Variances. other obstruction affecting navigation, flood 21 CFR Part 101 The Vice President or the designee control, or public lands or reservations shall thereof is authorized, following be constructed, and thereafter operated or [Docket No. 00N±1351] consideration whether a proposed maintained across, along, or in the said river structure or other regulated activity or any of its tributaries until plans for such Food Labeling; Use of the Term would adversely impact navigation, construction, operation, and maintenance ``Fresh'' for Foods Processed With flood control, public lands or shall have been submitted to and approved Alternative Nonthermal Technologies by the Board; and the construction, reservations, power generation, the commencement of construction, operation, or AGENCY: Food and Drug Administration, environment, or sensitive maintenance of such structures without such HHS. environmental resources, or would be approval is hereby prohibited. When such ACTION: Reopening of the comment incompatible with surrounding uses or plans shall have been approved, deviation period. inconsistent with an approved TVA therefrom either before or after completion of reservoir land management plan, to such structures is prohibited unless the SUMMARY: The Food and Drug approve a structure or activity the varies modification of such plans has previously Administration (FDA) is reopening to from the requirements of this part in been submitted to and approved by the November 20, 2000, the comment Board. period for a document published in the minor aspects. In the event the Board shall, within sixty (60) days after their formal submission to the Federal Register of July 3, 2000 (65 FR § 1304.410 Indefinite or temporary 41029), that announced a public moorage of recreational vessels. Board, fail to approve any plans or modifications, as the case may be, for meeting to discuss use of the term (a) Recreational vessels’ moorage at construction, operation, or maintenance of ‘‘fresh’’ for foods processed with unpermitted locations along the any such structures on the Little Tennessee alternative technologies. FDA is taking shoreline of any TVA lake may not River, the above requirements shall be this action in response to a request for exceed 14 consecutive days at any one deemed satisfied, if upon application to the more time to submit comments to FDA. Secretary of War, with due notice to the place or at any place within one mile DATES: Corporation, and hearing thereon, such plans Submit written comments by thereof. November 20, 2000. (b) Recreational vessels may not or modifications are approved by the said establish temporary moorage within the Secretary of War as reasonable adequate and ADDRESSES: Submit written comments limits of primary or secondary effective for the unified development and to the Dockets Management Branch regulation of the Tennessee River system. navigation channels. (HFA–305), Food and Drug Such construction, commencement of Administration, rm. 1061, 5630 Fishers (c) Moorage lines of recreational construction, operation, or maintenance of vessels may not be placed in such a way Lane, Rockville, MD 20852. You may any structures or parts thereof in violation of also send comments to the Dockets as to block or hinder boating access to the provisions of this section may be any part of the lake. prevented, and the removal or Management Branch at the following e- discontinuation thereof required by the mail address: [email protected] § 1304.411 Navigation restrictions. injunction or order of any district court or via the FDA Internet at http:// (a) Except for the placement of riprap exercising jurisdiction in any district in www.accessdata.fda.gov/scripts/oc/ along the shoreline, structures, land which such structures or parts thereof may be dockets/comments/commentdocket.cfm.
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FOR FURTHER INFORMATION CONTACT: you may submit one copy if you are an taxpayers may submit comments Geraldine A. June, Center for Food individual. You may review received electronically via the Internet by Safety and Applied Nutrition (HFS– comments in the Dockets Management selecting the ‘‘Tax Regs’’ option on the 822), Food and Drug Administration, Branch between 9 a.m. and 4 p.m. IRS Home Page, or by submitting 200 C St. SW., Washington, DC 20204, Monday through Friday. comments directly to the IRS Internet 202–205–4168 or FAX 202–205–5295. Dated: September 12, 2000 site at http://www.irs.ustreas.gov/ tax_regs/comments.html. The public SUPPLEMENTARY INFORMATION: William K. Hubbard, hearing will be held in room 4718, I. Reopening of Comment Period Senior Associate Commissioner for Policy, Internal Revenue Building, 1111 Planning, and Legislation. In the Federal Register of July 3, 2000 Constitution Avenue NW., Washington, (65 FR 41029), FDA (we) published a [FR Doc. 00–24123 Filed 9–19–00; 8:45 am] DC 20224. BILLING CODE 4160±01±F document announcing a public meeting FOR FURTHER INFORMATION CONTACT: to discuss the use of the term ‘‘fresh’’ on Concerning the regulations, Valerie foods processed with alternative Mark, (202) 622–3840; concerning nonthermal technologies. In that DEPARTMENT OF THE TREASURY submissions of comments, the hearing, document, we solicited public input on Internal Revenue Service and/or to be placed on the building whether use of the term ‘‘fresh’’ is access list to attend the hearing, Treena truthful and nonmisleading in the 26 CFR Part 1 Garrett, (202) 622–7180 (not toll-free labeling of foods processed with these numbers). technologies and on what criteria we [REG±112502±00] should use when considering use of the SUPPLEMENTARY INFORMATION: term with future technologies. We stated RIN 1545±AY45 Background that we would make available at our Guidance Under Subpart F Relating to On March 26, 1998 (63 FR 14613), the Dockets Management Branch and on our Partnerships IRS issued proposed regulations (REG– website the transcript of the public 104537–97) which contained two sets of meeting. Also in that document, we AGENCY: Internal Revenue Service (IRS), provisions, one relating to the treatment stated that interested parties may submit Treasury. under subpart F of a controlled foreign comments to the docket until August 21, ACTION: Notice of proposed rulemaking corporation’s (CFC’s) distributive share 2000. and notice of public hearing. Following the public meeting, FDA of partnership income (including a received a comment from a trade clarification of the manufacturing SUMMARY: A notice of proposed exception under the foreign base association requesting more time for rulemaking and notice of proposed interested parties to comment. The trade company sales income rules) and the rulemaking by cross-reference to other relating to hybrid branch association stated that the testimony temporary regulations published in the presented at the public meeting made it transactions. The provisions relating to Federal Register on March 26, 1998, hybrid branch transactions were also evident that the issues surrounding the providing guidance under subpart F use of the term ‘‘fresh’’ on foods issued as temporary regulations (TD relating to partnerships and branches, 8767). Congress and taxpayers raised processed with new technologies are were withdrawn by a notice of proposed quite complicated. The trade association concerns about the proposed and rulemaking published in the Federal temporary regulations relating to hybrid maintained that additional time is Register on July 13, 1999. This needed for careful consideration of the branch transactions. To respond to these document proposes, with minor concerns, on July 6, 1998, Treasury and scientific and technical topics on which changes, the former proposed FDA is seeking comments. FDA believes the IRS issued Notice 98–35 (1998–27 regulations relating to the treatment of I.R.B. 35), which announced that they that reopening the comment period a controlled foreign corporation’s until Novembr 20, 2000, is appropriate. would withdraw the proposed distributive share of partnership regulations and remove the temporary Reopening the comment period will income. These regulations are necessary allow the public adequate time to read regulations. Notice 98–35 also to provide guidance on the treatment announced that Treasury and the IRS the transcript of the public meeting and under subpart F of income earned by a to carefully consider the topics we are would issue two new separate sets of controlled foreign corporation through a proposed regulations. One proposed seeking input on before preparing their partnership. This document also comments. regulation would contain hybrid branch provides notice of a public hearing on rules. The other proposed regulation II. How To Submit Comments these proposed regulations. would contain rules pertaining to the Interested persons may, on or before DATES: Written comments and outlines treatment under subpart F of a CFC’s November 20, 2000, submit written of oral comments to be discussed at the distributive share of partnership comments to the Dockets Management public hearing scheduled for December income. On July 13, 1999, in furtherance Branch (address above). You may also 5, 2000, must be received by November of Notice 98–35, Treasury and the IRS send comments to the Dockets 14, 2000. published REG–113909–98 (64 FR Management Branch at the following e- ADDRESSES: Send submissions to: 37727), which withdrew the proposed mail address: [email protected] CC:M&SP:RU (REG–112502–00), room regulations and issued new proposed or via the FDA Internet at http:// 5226, Internal Revenue Service, POB regulations containing the hybrid www.accessdata.fda.gov/scripts/oc/ 7604, Ben Franklin Station, Washington branch provisions with new dates of dockets/comments/commentdocket.cfm. DC 20044. Submissions may be hand applicability to give Congress and the Please address your comments to the delivered Monday through Friday Treasury more time to evaluate the docket number given at the beginning of between the hours of 8 a.m. and 5 p.m. issues raised by these provisions. On the this document. You must submit two to: CC:M&SP:RU (REG–112502–00), same date, TD 8827 (64 FR 37677) copies of comments, identified with the Courier’s Desk, Internal Revenue removed the temporary regulations docket number found in brackets in the Service, 1111 Constitution Avenue, relating to hybrid branch transactions. heading of this document, except that NW., Washington DC. Alternatively, Treasury and the IRS are now proposing
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56837 the regulations relating to the subpart F share of foreign personal holding received by the CFC partner directly. treatment of a CFC’s distributive share company income, foreign base company Comments are requested as to whether of partnership income. sales income, foreign base company this rule should apply for ownership This document substantially restates services income, and earnings invested interests that fall below certain the former proposed regulations relating in United States property under certain thresholds. to the treatment of a CFC’s distributive specific provisions of subpart F. The proposed regulations would share of partnership income under The proposed regulations are based provide further that, generally, in subpart F. These new proposed on the authority of subchapter K and determining whether a distributive regulations, however, do not contain the subpart F and the policies underlying share of partnership income is subpart provisions of the former proposed those provisions. The legislative history F income, whether an entity is a related regulations that clarified the of subchapter K provides that a person and whether an activity takes manufacturing exception under subpart partnership distributive share should be place in or outside the CFC’s country of F. Regulations clarifying the characterized by using the approach that incorporation is determined with manufacturing exception will be best serves the Internal Revenue Code or respect to the CFC partner and not the proposed at a later date. regulations section at issue. partnership. Applying these rules to the To allow a CFC to avoid subpart F Explanation of Provisions Brown Group facts, the income would treatment for items of income through be characterized at the partnership level These proposed regulations clarify the the simple expedient of receiving them as commission income from the appropriate treatment under subpart F as distributive shares of partnership purchase of shoes in Brazil on behalf of of certain partnership items that had income, rather than directly, is contrary the U.S. parent for sale in the U.S. Each been the subject of Brown Group, Inc. v. to the intent of subpart F. Subpart F was partner would be required to separately Commissioner, 77 F.3d 217 (8th Cir. intended to limit deferral of U.S. income take into account its distributive share 1996), vacating and remanding 104 T.C. tax on passive income received by CFCs, of this commission income. It would 105 (1995). In Brown Group, a Cayman as well as on certain other kinds of then be determined at the CFC partner Islands partnership with a Cayman easily transferable income. Islands CFC partner earned commission Under these proposed regulations, level that the shoes were manufactured income from purchasing footwear in gross income would be characterized at and sold for use outside of the CFC’s Brazil on behalf of the CFC’s U.S. the partnership level, as, for example, country of incorporation (Cayman parent. This commission income would sales income. If any part of the Islands), and that the U.S. parent was a have been subpart F income, partnership’s gross income would be related person with respect to the CFC. specifically foreign base company sales subpart F income if received directly by Thus, the CFC’s distributive share of income under section 954(d), to the CFC partners that are CFCs, it must be commission income would be foreign if it had earned this commission income separately taken into account by each base company sales income. directly and under the same partner, under section 702. Thus, to the The proposed regulations also would circumstances in which the partnership extent the separately stated income is address whether a CFC’s distributive earned this income. The Tax Court subpart F income at the CFC partner share of partnership income can qualify applied an aggregate theory of level, it will be taken into account in for the exceptions from foreign personal partnerships and held that the CFC’s determining the CFC’s total subpart F holding company income treatment that distributive share of this commission income for the taxable year and U.S. are based on the activities performed by income was foreign base company sales shareholders of the CFC will currently the CFC in connection with the property income. The Eighth Circuit, vacating include their pro rata share of this through which it earns the income. The and remanding the Tax Court’s decision, income in gross income to the extent proposed regulations would provide applied an entity theory of partnerships provided under the rules of subpart F. that an exception requiring activity and held that the CFC’s distributive The regulations under section 702 would generally apply if the exception share of this commission income was would be clarified to expressly provide would have applied to the income if the not foreign base company sales income. that an item must be separately taken CFC itself had directly earned the In response to the Eighth Circuit’s into account when, if separately taken income taking into account only the opinion, the IRS announced that it into account by any partner, the item property and activities of the intended to issue regulations under would result in an income tax liability partnership. This requirement is not met subpart F to clarify its position that for that partner, or any other person, if the partnership can qualify for the whether a CFC partner’s distributive different from that which would result exception only by taking into account share of partnership income is subpart if the partner did not take the item into the separate activities of its partners. F income generally is determined at the account separately. This clarification Thus, for example, if the partnership CFC partner level. See Notice 96–39 incorporates into the regulations Rev. earns rental income from leasing real (1996–2 C.B. 209). Rul. 86–138 (1986–2 C.B. 84), which property that it owns and with respect The proposed regulations would holds that a subsidiary partnership in a to which it performs active and provide guidance for the treatment multi-tiered arrangement must substantial management functions, the under subpart F of a CFC partner’s separately state items which, if CFC partner’s distributive share of the distributive share of subpart F income. separately taken into account by any rental income can be excluded from The regulations would provide general partner of any partnership in the multi- subpart F income under the active rents rules to determine whether a CFC tiered arrangement, would affect the exception of section 954(c)(2)(A) if the partner’s distributive share of income tax liability of that partner. rental income is earned from a person partnership income falls within, not The regulations under section 952 that is not a related person with respect only foreign base company sales also would be clarified to expressly to the CFC partner. However, if the income, the category of income at issue include within the definition of subpart partnership owns the real property but in Brown Group, but any category of F income a CFC’s distributive share of the CFC contracts to perform the subpart F income. These regulations any item of gross income of a management functions, the rental also would provide guidance about the partnership to the extent the income income is not excludible under this treatment of a CFC partner’s distributive would have been subpart F income if exception.
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These proposed regulations would interest in partnership profits, or between Constitution and Pennsylvania clarify how the manufacturing another standard, such as the facts and Avenues, NW. In addition, all visitors exception of § 1.954–3(a)(4) applies in circumstances relating to the CFC’s must present photo identification to the context of the distributive share interest in the partnership. enter the building. Because of access rules. The proposed regulations would Treasury is currently conducting a restrictions, visitors will not be provide that the manufacturing study to review the provisions of admitted beyond the immediate activities of a partnership may be taken subpart F. The study may examine the entrance area more than 15 minutes into account under the distributive foreign base company rules, contract before the hearing starts. For share rules when the partnership sells manufacturing, and the use of hybrid information about having your name the property that it manufactures. As partnerships under subpart F. Although placed on the building access list to previously noted, the general rules comments will be sought separately on attend the hearing, see the FOR FURTHER would provide that income that could the study, comments received on these INFORMATION CONTACT section of this be foreign base company sales income at regulations will be reviewed in preamble. the CFC partner level is separately connection with the study. The rules of 26 CFR 601.601(a)(3) stated and that determinations as to Proposed Effective Date apply to the hearing. relatedness and the relevant country are Persons that wish to present oral made at the partner level. Consistent These regulations are proposed to comments at the hearing must submit with the general rules outlined above, apply for taxable years of a controlled written comments and an outline of these regulations would allow a CFC’s foreign corporation beginning on or after topics to be discussed and time to be distributive share of sales income to be the date the final regulations are devoted to each topic (signed original excluded, under the manufacturing published in the Federal Register. For and eight (8) copies) by November 14, exception of § 1.954–3(a)(4), when the prior periods, the IRS will rely on 2000. partnership manufactures the property principles and authorities under subpart A period of 10 minutes will be that it sells (without regard to the F and subchapter K to apply an allotted to each person for making activities of the CFC partner or any aggregate approach, (including § 1.701– comments. other person). 2(e) and (f) of the regulations for periods An agenda showing the scheduling of The general rule, described above, for which it is applicable). the speakers will be prepared after the would determine whether a CFC Special Analyses deadline for receiving outlines has partner’s distributive share of passed. Copies of the agenda will be partnership income is foreign base It has been determined that this notice available free of charge at the hearing. company services income when the of proposed rulemaking is not a income is earned from performing significant regulatory action as defined Drafting Information services for or on behalf of a person that in Executive Order 12866. Therefore, a The principal author of these is a related person with respect to the regulatory assessment is not required. It regulations is Valerie Mark of the Office CFC partner. These proposed has also been determined that section of the Associate Chief Counsel regulations also would describe how the 553(b) of the Administrative Procedures (International), IRS. However, other substantial assistance rule of § 1.954– Act (5 U.S.C. chapter 5) does not apply personnel from the IRS and Treasury 4(b)(1)(iv) applies when the CFC earns to these regulations, and, because the Department participated in their services income through a partnership. regulation does not impose a collection development. When the partnership is performing of information on small entities, the services for a person unrelated to the Regulatory Flexibility Act (5 U.S.C. List of Subjects in 26 CFR Part 1 CFC partner but the CFC partner, or a chapter 6) does not apply. Pursuant to Income taxes, Reporting and related person, provides substantial section 7805(f) of the Code, this notice recordkeeping requirements. assistance to the partnership of proposed rulemaking will be Proposed Amendments to the contributing to the performance of those submitted to the Chief Counsel for Regulations services, the CFC partner and the Advocacy of the Small Business partnership would be regarded as Administration for comment on its Accordingly, 26 CFR part 1 is separate entities and the substantial impact on small business. proposed to be amended as follows: assistance provided to the partnership Comments and Public Hearing by the CFC partner, or a related person, PART 1ÐINCOME TAXES would cause the CFC’s partner’s Before these proposed regulations are Paragraph 1. The authority citation distributive share of the services income adopted as final regulations, for 26 CFR part 1 continues to read in to be treated as foreign base company consideration will be given to any part as follows: services income. Treasury and the IRS written comments (preferably a signed are considering applying similar original and eight (8) copies) that are Authority: 26 U.S.C. 7805 * * * principles to branches of CFCs. timely submitted to the IRS. All Par. 2. Section § 1.702–1 is amended Comments are requested on this issue. comments will be available for public as follows: Finally, consistent with Rev. Rul. 90– inspection and copying. The IRS and 1. Paragraph (a)(8)(ii) is revised. 112 (1990–2 C.B. 186), the regulations Treasury specifically request comments 2. Paragraph (c)(1)(iii) is amended by would provide that, for purposes of on the clarity of these proposed removing the word ‘‘and’’. section 956, a CFC partner’s investment regulations and how they may be made 3. Paragraph (c)(1)(iv) is amended by in U.S. property includes the U.S. easier to understand. removing the period at the end and property held by a partnership to the A public hearing has been scheduled adding ‘‘; and’’ in its place. extent of the CFC’s interest in the for December 5, 2000, at 10 a.m., in 4. Paragraph (c)(1)(v) is added. partnership. Comments are requested as room 4718, Internal Revenue Building, The addition and revision read as to whether, for purposes of section 956, 1111 Constitution Avenue NW., follows: a CFC partner’s interest in a partnership Washington DC. Due to building should be based on the CFC’s capital security procedures, visitors must enter § 1.702±1 Income and credits of partner. interest in the partnership, the CFC’s at the 10th Street entrance, located (a) * * *
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(8) * * * a foreign partnership. PRS earns $100 of foreign corporation organized in Country B, (ii) Each partner must also take into interest income that is not export financing owns the remaining 20 percent interest in account separately the partner’s interest, as defined in section 954(c)(2)(B), Partnership. CFC1 and CFC2 are owned by a distributive share of any partnership from a person unrelated to CFC. This interest common U.S. parent, USP. CFC2 income would have been foreign personal item which, if separately taken into manufactures Product A in Country B. holding company income to CFC, under Partnership earns sales income from account by any partner, would result in section 954(c), if it had received this income purchasing Product A from CFC2 and selling an income tax liability for that partner, directly. Accordingly, CFC’s distributive it to third parties located in Country B that or for any other person, different from share of this interest income, $80, is foreign are not related persons with respect to CFC1 that which would result if that partner personal holding company income. or CFC2. To determine whether CFC1’s did not take the item into account (3) Effective date. This paragraph (g) distributive share of Partnership’s sales separately. Thus, if any partner is a applies to taxable years of a controlled income is foreign base company sales income controlled foreign corporation, as under section 954(d), CFC1 is treated as if it foreign corporation beginning on or after purchased Product A from CFC2 and sold it defined in section 957, items of income the date final regulations are published that would be gross subpart F income if to third parties in Country B. Under section in the Federal Register. 954(d)(3), CFC2 is a related person with separately taken into account by the Par. 4. In § 1.954–1, paragraph (g) is respect to CFC1. Thus, with respect to CFC1, controlled foreign corporation must be added to read as follows: the sales income is deemed to be derived separately stated for all partners. Under from the purchase of personal property from section 911(a), if any partner is a bona § 1.954±1 Foreign base company income. a related person. Because the property fide resident of a foreign country who * * * * * purchased is both manufactured and sold for may exclude from gross income the part (g) Distributive share of partnership use outside of Country A, CFC1’s country of of the partner’s distributive share which income—(1) Application of related organization, CFC1’s distributive share of the qualifies as earned income, as defined person and country of organization sales income is foreign base company sales in section 911(b), the earned income of tests. Unless otherwise provided, to income. determine the extent to which a (ii) To determine whether CFC2’s the partnership for all partners must be distributive share of Partnership’s sales separately stated. Similarly, all relevant controlled foreign corporation’s income is foreign base company sales items of income or deduction of the distributive share of any item of gross income, CFC2 is treated as if it directly sold partnership must be separately stated income of a partnership would have Product A to third parties within Country B. for all partners in determining the been subpart F income if received by it Because Product A is both manufactured and applicability of section 183 (relating to directly, under § 1.952–1(g), if a sold for use within CFC2’s country of activities not engaged in for profit) and provision of subpart F requires a organization, CFC2’s distributive share of the recomputation of tax thereunder for determination of whether an entity is a Partnership’s sales income is not foreign base any partner. This paragraph (a)(8)(ii) related person, within the meaning of company sales income. applies to taxable years beginning on or section 954(d)(3), or whether an activity (3) Effective date. This paragraph (g) after the date final regulations are occurred within or outside the country applies to taxable years of a controlled published in the Federal Register. under the laws of which the controlled foreign corporation beginning on or after * * * * * foreign corporation is created or the date final regulations are published (c) * * * organized, this determination shall be in the Federal Register. (1) * * * made by reference to such controlled Par. 5. In § 1.954–2, paragraph (a)(5) (v) In determining whether the de foreign corporation and not by reference is added to read as follows: minimis or full inclusion rules of to the partnership. (2) Examples. The application of § 1.954±2 Foreign personal holding section 954(b)(3) apply. company income. paragraph (g)(1) of this section is * * * * * illustrated by the following examples: (a) * * * Par. 3. In § 1.952–1, paragraph (g) is (5) Special rules applicable to added to read as follows: Example 1. CFC, a controlled foreign distributive share of partnership corporation organized in Country A, is an 80- income—(i) [Reserved] § 1.952±1 Subpart F income defined. percent partner in Partnership, a partnership (ii) Certain other exceptions * * * * * organized in Country A. All of the stock of applicable to foreign personal holding (g) Treatment of distributive share of CFC is owned by USP, a U.S. corporation. Partnership earns commission income from company income. To determine the partnership income— purchasing Product O on behalf of USP, from extent to which a controlled foreign (1) In general. A controlled foreign unrelated manufacturers in Country B, for corporation’s distributive share of an corporation’s distributive share of any sale in the United States. To determine item of income of a partnership is item of income of a partnership is whether CFC’s distributive share of foreign personal holding company income that falls within a category of Partnership’s commission income is foreign income, the exceptions contained in subpart F income described in section base company sales income under section section 954(c) that are based on whether 952(a) to the extent the item of income 954(d), CFC is treated as if it purchased the controlled foreign corporation is would have been income in such Product O on behalf of USP. Under section 954(d)(3), USP is a related person with engaged in the active conduct of a trade category if received by the controlled respect to CFC. Thus, with respect to CFC, or business, including section 954(c)(2), foreign corporation directly. For specific the sales income is deemed to be derived (h) and (i), and paragraphs (b)(2) and (6), rules regarding the treatment of a from the purchase of personal property on (e)(1)(ii) and (3)(ii), (iii) and (iv), distributive share of partnership income behalf of a related person. Because the (f)(1)(ii), (g)(2)(ii), and (h)(3)(ii) of this under certain provisions of subpart F, property purchased is both manufactured section, shall apply only if any such see §§ 1.954–1(g), 1.954–2(a)(5), 1.954– and sold for use outside of Country A, CFC’s exception would have applied to 3(a)(6), and 1.954–4(b)(2)(iii). country of organization, CFC’s distributive exclude the income from foreign share of the sales income is foreign base (2) Example. The application of this personal holding company income if the paragraph (g) may be illustrated by the company sales income. Example 2. (i) CFC1, a controlled foreign controlled foreign corporation had following example: corporation organized in Country A, is an 80- earned the income directly, determined Example. CFC, a controlled foreign percent partner in Partnership, a partnership by taking into account only the corporation, is an 80-percent partner in PRS, organized in Country B. CFC2, a controlled activities of, and property owned by, the
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 56840 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules partnership and not the separate on or after the date final regulations are on or after the date final regulations are activities or property of the controlled published in the Federal Register. published in the Federal Register. foreign corporation or any other person. * * * * * * * * * * (iii) [Reserved] (iv) Effective date. This paragraph Par. 7. In § 1.954–4, paragraph Robert E. Wenzel, (a)(5) applies to taxable years of a (b)(2)(iii) is added to read as follows: Deputy Commissioner of Internal Revenue. [FR Doc. 00–23529 Filed 9–19–00; 8:45 am] controlled foreign corporation beginning § 1.954±4 Foreign base company services on or after the date final regulations are income. BILLING CODE 4830±01±U published in the Federal Register. * * * * * * * * * * Par. 6. In § 1.954–3, paragraph (a)(6) (b) * * * DEPARTMENT OF JUSTICE is added to read as follows: (2) * * * Bureau of Prisons § 1.954±3 Foreign base company sales (iii) Special rule applicable to income. distributive share of partnership 28 CFR Parts 545 and 550 (a) * * * income. A controlled foreign (6) Special rule applicable to corporation’s distributive share of a [BOP±1093±P] distributive share of partnership partnership’s services income will be RIN 1120±AA88 income—(i) In general. To determine the deemed to be derived from services extent to which a controlled foreign performed for or on behalf of a related Drug Abuse Treatment Programs: corporation’s distributive share of any person, within the meaning of section Participation Requirements item of gross income of a partnership 954(e)(1)(A), if the partnership is a AGENCY: Bureau of Prisons, Justice. would have been foreign base company related person with respect to the ACTION: Proposed rule. sales income if received by it directly, controlled foreign corporation, under under § 1.952–1(g), the property sold section 954(d)(3), and, in connection SUMMARY: In this document, the Bureau will be considered to be manufactured, with the services performed by the of Prisons is proposing to amend its produced or constructed by the partnership, the controlled foreign regulations on participation controlled foreign corporation, within corporation, or a person that is a related requirements for the drug abuse the meaning of paragraph (a)(4) of this person with respect to the controlled education course and the institution section, only if the manufacturing foreign corporation, provided assistance residential drug abuse treatment exception of paragraph (a)(4) of this that would have constituted substantial program. The amendment clarifies the section would have applied to exclude assistance contributing to the distinction between mandatory and the income from foreign base company voluntary participation in the drug sales income if the controlled foreign performance of such services, under abuse education course, removes corporation had earned the income paragraph (b)(2)(ii) of this section, if eligibility limitations pertaining to directly, determined by taking into furnished to the controlled foreign cognitive impairments and learning account only the activities of, and corporation by a related person. This disabilities, and addresses the effects of property owned by, the partnership and paragraph (b)(2)(iii) applies to taxable non-participation both in the drug abuse not the separate activities or property of years of a controlled foreign corporation education course and in the institution the controlled foreign corporation or beginning on or after the date final residential drug abuse treatment any other person. regulations are published in the Federal program. This amendment is intended (ii) Example. The application of Register. to encourage inmates to take advantage paragraph (a)(6)(i) of this section is * * * * * of the Bureau’s drug treatment illustrated by the following example: Par. 8. In § 1.956–2, paragraph (a)(3) programs. Example. CFC, a controlled foreign is added to read as follows: corporation organized under the laws of DATES: Comments due by November 20, Country A, is an 80 percent partner in § 1.956±2 Definition of United States 2000. Partnership X, a partnership organized under property. ADDRESSES: Rules Unit, Office of the laws of Country B. Partnership X * * * * * General Counsel, Bureau of Prisons, performs activities in Country B that would HOLC Room 754, 320 First Street, NW., constitute the manufacture of Product O, (a) * * * Washington, DC 20534. within the meaning of paragraph (a)(4) of this section, if performed directly by CFC. (3) Property owned through FOR FURTHER INFORMATION CONTACT: Partnership X, through its sales offices in partnership. For purposes of section Sarah Qureshi, Office of General Country B, then sells Product O to Corp D, 956, if a controlled foreign corporation Counsel, Bureau of Prisons, phone (202) a corporation that is a related person with is a partner in a partnership that owns 514–6655. respect to CFC, within the meaning of section property that would be United States SUPPLEMENTARY INFORMATION: The 954(d)(3),for use within Country B. CFC’s property, within the meaning of Bureau of Prisons is proposing to amend distributive share of Partnership X’s sales paragraph (a)(1) of this section, if owned income is not foreign base company sales its regulations on drug abuse treatment income because the manufacturing exception directly by the controlled foreign programs (28 CFR 550) pertaining to the of paragraph (a)(4) of this section would have corporation, the controlled foreign requirements for the drug abuse applied to exclude the income from foreign corporation will be treated as holding an education course and participation in base company sales income if CFC had interest in the property equal to its the institution residential drug abuse earned the income directly. (The branch rule interest in the partnership and such treatment program. of paragraph (b) of this section does not interest will be treated as an interest in Inmates with drug abuse problems apply to these facts). United States property. This paragraph who fail to enter drug treatment are at (iii) Effective date. This paragraph (a)(3) applies to taxable years of a significantly higher risk of poor (a)(6) applies to taxable years of a controlled foreign corporation beginning institutional adjustment, recidivism, controlled foreign corporation beginning and transition problems once released
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Though many corrections center placement, and early consequences pertaining to work inmates take advantage of the Bureau’s release consideration (provided they assignment pay are also being revised in drug treatment services each year, some meet the strict criteria for early release) the provisions which pertain to the drug inmates who need drug treatment avoid upon full program completion. abuse education course (new program participation while In an effort to encourage more inmates § 550.54(e)). incarcerated. to participate in the residential drug The use of enhanced incentives at The current regulations for the drug abuse treatment program, the Bureau is selected institutions together with the abuse education course are contained in proposing to establish enhanced consequences of non-participation is § 550.54 and were most recently incentives at selected institutions. The intended to permit the Bureau to published in the Federal Register on three additional incentives being evaluate the effectiveness of a more May 25, 1995 (60 FR 27694). These proposed in this document are tangible aggressive approach in drug abuse regulations distinguish between achievement awards as permitted by the treatment program placement. The ‘‘mandatory’’ and ‘‘voluntary’’ Warden and allowed by the regulations Bureau assumes that these revisions will participation in the drug abuse governing personal property (for result in increased participation by education course. Participation is example, textbooks, journals, drug abuse inmates, particularly with respect to mandatory if there is evidence in the program t-shirts), pencils, photographs those inmates who do not meet the strict inmate’s Presentence Investigation that of treatment ceremonies, and criteria for early release consideration alcohol or other drug use contributed to consideration for a nearer release but who do qualify for nearer release the commission of the instant offense, transfer for medium and low security transfer. While the Bureau may further alcohol or other drug use was a reason inmates. Nearer release transfers adjust the number of selected for violation either of supervised ordinarily are made to place the inmate institutions to be used in this release, including parole, or BOP in an institution nearer the inmate’s evaluation, any system-wide application community status (CCC placement) for release destination or to facilitate the of the additional incentives/ which the inmate is now incarcerated, release process. While the Bureau consequences would be implemented or the inmate was recommended for attempts to place inmates in institutions through a separate rulemaking drug programming during incarceration which are reasonably close to proceeding. by the sentencing judge. Inmates not anticipated release destinations, other The Bureau’s regulations for both the qualifying under the mandatory factors pertaining to inmate population drug abuse education course and the provisions are eligible to volunteer for management may mean that an inmate institution residential treatment the drug education program with the is not always optimally placed. In those program contain provisions precluding approval of the drug abuse treatment instances where an inmate’s placement participation by inmates with learning coordinator when participation space is has been affected by other factors, disabilities or mental impairments available. earning consideration for a nearer (§§ 550.54(c) and 550.56(a)(2)). In The Bureau is revising the regulation release transfer may be an additional actuality, the Bureau has been able to to remove the terms ‘‘mandatory,’’ mitigating factor in a subsequent make reasonable accommodations to ‘‘voluntary,’’ and ‘‘sanctions’’. decision to transfer the inmate to an allow such inmates to participate in the Participation in the drug abuse institution nearer to the inmate’s programs. The Bureau believes that education program is not intended to be anticipated release destination. these provisions are not necessary and mandatory in the sense that a refusal to The Bureau is also proposing to accordingly has removed them in this participate would result in a encourage participation by reluctant proposed revision. disciplinary action. The intent is that if inmates with an identified treatment The Bureau’s regulations on inmate the inmate chooses to refuse to need through the use of specified work and performance pay (28 CFR 545, participate, certain consequences may consequences for non-participants. An subpart C) are being amended to follow which affect the inmate’s inmate who has an identified treatment conform with these requirements. The eligibility for other program assignments need but who refuses to participate in Bureau’s regulations on furloughs (28 (for example, work performance pay a residential treatment program at an CFR 570, subpart C) do not need to be levels or community program institution which offers enhanced amended because the Warden may eligibility). The Bureau is also adding as incentives will be subject to the deem the inmate’s refusal to participate an additional eligibility criterion following consequences: (1) If the a failure to demonstrate sufficient evidence of a history of alcohol or other inmate is eligible for parole, staff will responsibility to provide reasonable drug use. This history of alcohol or notify the U.S. Parole Commission of assurance that furlough requirements other drug use need not be limited to the inmate’s treatment need and the will be met (see § 570.34(d)). circumstances surrounding the instant subsequent failure to participate in the offense. residential drug abuse treatment Executive Order 12866 The current provisions for the program; (2) the inmate is not eligible This rule falls within a category of institution residential drug abuse for furlough (other than possibly an actions that the Office of Management treatment program are contained in emergency furlough); (3) the inmate is and Budget (OMB) has determined not § 550.56 and were most recently not eligible for more than 90 days to constitute ‘‘significant regulatory published in the Federal Register on placement in community-based actions’’ under section 3(f) of Executive May 25, 1995 (60 FR 27694). The programs (for example, placement in a Order 12866 and, accordingly, it was institution residential drug abuse community corrections center); (4) the not reviewed by OMB. treatment program allows participation inmate is not eligible for performance by inmates to be voluntary. Currently, pay above maintenance pay level, or for Executive Order 13212 inmates may receive incentives for their bonus or vacation pay; and (5) the This regulation will not have satisfactory involvement in the inmate is not eligible for a Federal substantial direct effects on the States, residential program. For example, Prison Industries work assignment on the relationship between the national inmates may be eligible for financial (unless the Warden makes exception on government and the States, or on achievement awards, recommendation the basis of work program labor needs). distribution of power and for the maximum 180-day community For the sake of consistency, the responsibilities among the various
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All inmates who in accordance with the Regulatory enter the drug abuse education course PART 550ÐDRUG PROGRAMS Flexibility Act (5 U.S.C. 605(b)), has are required to sign an agreement to reviewed this regulation and by 1. The authority citation for part 550 participate prior to admission to the approving it certifies that this regulation continues to read as follows: course. will not have a significant economic Authority: 5 U.S.C. 301; 18 U.S.C. 3521– (d) Completion. Completion of the impact upon a substantial number of 3528, 3621, 3622, 3624, 4001, 4042, 4046, drug abuse education course requires small entities for the following reasons: 4081, 4082 (Repealed in part as to offenses This rule pertains to the correctional attendance and participation during committed on or after November 1, 1987), course sessions and a passing grade of management of offenders committed to 5006–5024 (Repealed October 12, 1984 as to the custody of the Attorney General or offenses committed after that date), 5039; 21 at least 70 percent on an examination the Director of the Bureau of Prisons, U.S.C. 848; 28 U.S.C. 509, 510; Title V, Pub. given at the end of the course. Inmates and its economic impact is limited to L. 91–452, 84 Stat. 933 (18 U.S.C. Chapter who are placed in the course under the Bureau’s appropriated funds. 223); 28 CFR 0.95–0.99. paragraph (b)(1) of this section ordinarily are provided at least three Unfunded Mandates Reform Act of 2. Section 550.54 is revised to read as chances to pass the final examination 1995 follows: before privileges are lost or effects of This rule will not result in the § 550.54 Drug abuse education course. non-participation (see paragraph (e) of expenditure by State, local and tribal (a) Purpose. The drug abuse education this section) are invoked. A certificate of governments, in the aggregate, or by the course is provided at all institutions. achievement will be awarded to all who private sector, of $100,000,000 or more The purpose of the drug abuse successfully complete the program. A in any one year, and it will not education course is to inform inmates of copy of this certificate will be forwarded significantly or uniquely affect small the consequences of drug/alcohol abuse to the unit team for placement in the governments. Therefore, no actions were and addiction and to motivate inmates inmate’s central file. deemed necessary under the provisions in need of drug abuse treatment to apply of the Unfunded Mandates Reform Act for further drug abuse treatment while (e) Effects of non-participation. (1) An of 1995. incarcerated and upon release. inmate who is considered for placement under paragraph (b)(1) of this section Small Business Regulatory Enforcement (b) Placement. (1) Staff are to give Fairness Act of 1996 primary consideration for placement to and who refuses participation or is an inmate who has been sentenced or placed in a treatment program pursuant This rule is not a major rule as returned to custody as a violator after to paragraph (b)(1) and withdraws, is defined by § 804 of the Small Business September 30, 1991, when unit and/or expelled, or otherwise fails to meet Regulatory Enforcement Fairness Act of drug abuse treatment staff determine attendance and examination 1996. This rule will not result in an through a combination of interview and requirements: annual effect on the economy of file review that: $100,000,000 or more; a major increase (i) Is not eligible for performance pay (i) There is evidence that alcohol or above maintenance pay level, or for in costs or prices; or significant adverse other drug use contributed to the bonus pay, or vacation pay; effects on competition, employment, commission of the instant offense; investment, productivity, innovation, or (ii) Alcohol or other drug use was a (ii) Is not eligible for a Federal Prison on the ability of United States-based reason for violation either of supervised Industries work program assignment companies to compete with foreign- release, including parole, or BOP (unless the Warden makes exception on based companies in domestic and community status (CCC placement) for the basis of work program labor needs); export markets. which the inmate is now incarcerated; (iii) Is not eligible for community Plain Language Instructions (iii) The inmate was recommended for programs. drug programming during incarceration We want to make Bureau documents (2) Inmates may be permitted to easier to read and understand. If you by the sentencing judge; or, (iv) There is evidence of a history of receive work promotions during their can suggest how to improve the clarity participation or while on a ‘‘waiting of these regulations, call or write Sarah alcohol or other drug use. (2) Staff may also consider for list’’ for the drug abuse education Qureshi at the address listed above. placement an inmate who requests to course. The Warden may make List of Subjects participate in the drug abuse education exceptions to the provisions of this paragraph for good cause with reasons 28 CFR Part 545 program but who does not meet the criteria of paragraph (b)(1) of this for such exceptions documented in Prisoners. section. writing. 28 CFR Part 550 (3) An inmate ordinarily will not be 3. In § 550.56, paragraph (a)(2) is Prisoners. considered for placement in the drug removed, and paragraphs (a)(3) through abuse education course for the following (5) are redesignated as paragraphs (a)(2) Kathleen Hawk Sawyer, reasons: through (4), paragraphs (b) and (d)(3) are (i) The inmate does not have enough Director, Bureau of Prisons. revised, and paragraph (e) is added to Accordingly, pursuant to the time remaining to serve to complete the read as follows: rulemaking authority vested in the drug abuse education course;
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§ 550.56 Institution residential drug abuse incentives as listed in paragraph (a)(2) DEPARTMENT OF TRANSPORTATION treatment program. of this section. Coast Guard * * * * * (1) Basic incentives. (i) Limited (b) Application/Referral/Placement. financial awards, based upon the 33 CFR Parts 26, 161, and 165 An inmate may be identified for referral inmate’s achievement/completion of and evaluation for the residential drug program phases. [USCG±1998±4399] abuse treatment program by unit or drug treatment staff or apply for the program (ii) Consideration for the maximum RIN 2115±AF75 by submitting a request to a staff period of time (currently 180 days) in a member (ordinarily, a member of the Community Corrections Center Vessel Traffic Service Lower inmate’s unit team or the drug abuse placement, provided the inmate is Mississippi River otherwise eligible for this designation. treatment coordinator). The decision on AGENCY: Coast Guard, DOT. placement is made by the drug abuse (iii) Local institution incentives such ACTION: Proposed rulemaking; notice of treatment coordinator. While as preferred living quarters or special public meeting. participation in the residential drug recognition privileges. abuse treatment program is voluntary, SUMMARY: The Coast Guard announces a an inmate who refuses to participate (iv) If eligible under § 550.58, consideration for early release. public meeting on October 24, 2000, to after the decision on placement is made receive comments on a proposed is subject to the provisions of paragraph (2) Enhanced incentives. (i) Tangible rulemaking establishing a Vessel Traffic (e) of this section. achievement awards as permitted by the Service (VTS) on the Lower Mississippi * * * * * Warden and allowed by the regulations River. The meeting will be held at the (d) * * * governing personal property (see 28 CFR Marine Safety Office in New Orleans, (3) An inmate who withdraws or is part 553). LA. removed from the residential program (ii) Photographs of treatment DATES: This public meeting will be held may be returned to his/her prior ceremonies may be sent to the inmate’s on Tuesday, October 24, 2000, from 9 institution (when the inmate had been family. a.m. to 5 p.m. The meeting may close specifically transferred for the purpose early if all business is finished. of program participation). (iii) Formal consideration for a nearer ADDRESSES: (e) Effects of non-participation. An release transfer for medium and low The public meeting will be inmate who refuses to participate after security inmates. held in the hearing room of the Marine being selected by the drug abuse * * * * * Safety Office, 1615 Poydras Street, New treatment coordinator for treatment at Orleans, LA 70112–1254. an institution that authorizes enhanced PART 545ÐWORK AND FOR FURTHER INFORMATION CONTACT: For incentives (see § 550.57(a)(2)), or who COMPENSATION questions regarding the meeting withdraws from or is otherwise removed location, contact Lieutenant Junior is subject to the following: 5. The authority citation for part 545 Grade Ken Mills, Vessel Traffic Service, (1) Where applicable, staff are to continues to read as follows: telephone 504–589–2780. For questions regarding the proposed rulemaking, notify the United States Parole Authority: 5 U.S.C. 301; 18 U.S.C. 3013, Commission of the inmate’s need for 3571, 3572, 3621, 3622, 3624, 3663, 4001, contact Mr. Jorge Arroyo, Office of treatment and the inmate’s failure to 4042, 4081, 4082 (Repealed in part as to Vessel Traffic Management,(G–MWV), participate in the residential drug abuse offenses committed on or after November 1, Coast Guard, telephone 202–267–6277. treatment program. 1987), 4126, 5006–5024 (Repealed October SUPPLEMENTARY INFORMATION: The notice (2) The inmate is not eligible for 12, 1984 as to offenses committed after that of proposed rulemaking (NPRM) on a furlough (other than possibly an date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95– Vessel Traffic Service (VTS) on the emergency furlough). 0.99. Lower Mississippi River, published on (3) The inmate is not eligible for more April 26, 2000 (65 FR 24616), than 90 days community-based program 6. In § 545.25, paragraph (d) is revised encouraged interested persons to placement. to read as follows: participate in this rulemaking by submitting written data, views, or (4) The inmate is not eligible for § 545.25 Eligibility for performance pay. performance pay above maintenance arguments by July 25, 2000. In response pay level, or for bonus pay, or vacation * * * * * to several requests for additional time, pay. (d) An inmate who refuses the Coast Guard extended the comment (5) The inmate is not eligible for a participation, withdraws, is expelled, or period on the NPRM until December 1, Federal Prison Industries work program otherwise fails attendance requirements 2000 (65 FR 50479). The NPRM and assignment (unless the Warden makes of the drug abuse education course or comments already received may be exception on the basis of work program the residential drug abuse treatment viewed at http://dms.dot.gov. The Coast labor needs). program is subject to the limitations Guard also received several requests for 4. In § 550.57, paragraph (a) is revised specified in § 550.54(e) or § 550.56(e) of a public meeting at which interested to read as follows: this chapter. parties could present their comments. This meeting is in response to those § 550.57 Incentives for residential drug [FR Doc. 00–24052 Filed 9–19–00; 8:45 am] requests. abuse treatment program participation. BILLING CODE 4410±05±P (a) An inmate may receive incentives Information on Service for Individuals for his or her satisfactory participation With Disabilities in the residential program. In addition For information on facilities or to the basic incentives listed in services for individuals with disabilities paragraph (a)(1) of this section, an or to request special assistance at the institution may offer enhanced public meeting, contact Lieutenant
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Junior Grade Ken Mills at the phone ADDRESSES: Interested parties may implementation plans for I/M programs number under FOR FURTHER INFORMATION submit written comments (in duplicate (hereafter referred to as the I/M rule; see CONTACT. if possible) to Public Docket No. A– 57 FR 52950). At the time the 1992 rule 2000–16. It is requested that a duplicate was published, certification regulations Public Meeting copy be submitted to David Sosnowski for OBD had not been finalized, and so The Coast Guard will hold a public at the address in the FOR FURTHER EPA reserved space in the I/M rule to meeting regarding this proposed INFORMATION CONTACT section. The address OBD–I/M requirements at some rulemaking on Tuesday, October 24, docket is located at the Air Docket, later date. Since 1992, EPA has twice 2000, from 9 a.m. to 5 p.m. The meeting Room M–1500 (6102), Waterside Mall amended the I/M rule to address various will be held at the address under S.W., Washington, DC 20460. The aspects of the OBD–I/M check—first, on ADDRESSES. docket may be inspected between 8:30 August 6, 1996, and again on May 4, Dated: September 15, 2000. a.m. and 12 noon and between 1:30 p.m. 1998. EPA is proposing today to further Joseph J. Angelo, until 3:30 p.m. on weekdays. A amend the I/M rule and OBD testing reasonable fee may be charged for requirements to provide states with the Acting Assistant Commandant for Marine greater flexibility they need to better Safety and Environmental Protection. copying docket material. FOR FURTHER INFORMATION CONTACT: meet local needs, to update [FR Doc. 00–24180 Filed 9–19–00; 8:45 am] requirements based upon technological BILLING CODE 4910±15±U David Sosnowski, Office of Transportation and Air Quality, advances, and to optimize program Transportation and Regional Programs efficiency and cost effectiveness. Division, 2000 Traverwood, Ann Arbor, With today’s document EPA proposes ENVIRONMENTAL PROTECTION Michigan, 48105. Telephone (734) 214– to: (1) Extend the current deadline for AGENCY 4823. mandatory implementation of the OBD– I/M inspection from January 1, 2001 to 40 CFR Parts 51 and 85 SUPPLEMENTARY INFORMATION: January 1, 2002; (2) clarify that I/M I. Table of Contents [FRL±6871±4] programs may use periodic checks of II. Summary of Proposal the OBD system on model year (MY) RIN 2060±AJ03 III. Authority 1996 and newer OBD-equipped vehicles IV. Background of the Proposed Amendments in lieu of (as opposed to in addition to) Amendments to Vehicle Inspection A. Amendments to Extend the existing exhaust and evaporative system Implementation Deadline Maintenance Program Requirements purge and fill-neck pressure tests on Incorporating the Onboard Diagnostic B. Amendments to Reduce Testing Burden C. SIP Credit Modeling Amendments those same vehicles; (3) establish the Check D. OBD–I/M Failure Criteria Amendments modeling methodology to be used by states in their State Implementation AGENCY: Environmental Protection E. OBD–I/M Rejection Criteria Plans (SIPs) to account for the Agency. Amendments F. Technical Amendment replacement of traditional I/M tests by ACTION: Notice of proposed rulemaking. V. Discussion of Major Issues OBD–I/M testing and repair, prior to A. Emission Impact of the Proposed release of MOBILE6 and subsequent SUMMARY: This document proposes both Amendments substantive and minor revisions to the iterations of EPA’s mobile source B. Impact on Existing and Future I/M emission factor model; (4) revise and Motor Vehicle Inspection/Maintenance Programs simplify the current list of Diagnostic (I/M) requirements to provide additional VI. Economic Costs and Benefits Trouble Codes (DTCs) that constitute flexibility to state I/M programs by VII. Public Participation the OBD–I/M failure criteria to include allowing such programs to replace VIII. Administrative Requirements any DTC that leads to the dashboard traditional I/M tests on model year 1996 A. Administrative Designation Malfunction Indicator Light (MIL) being and newer vehicles so equipped with a B. Reporting and Recordkeeping Requirement commanded on; (5) provide for check of the onboard diagnostic (OBD) C. Regulatory Flexibility Act exemptions from specific readiness code system. Additionally, the proposed D. Unfunded Mandates Act rejection criteria on OBD-equipped amendments would: extend the E. Executive Order 13132: Federalism vehicles based upon vehicle model year; deadline for beginning OBD inspections F. Executive Order 13084: Consultation and (6) correct a typographical error in from January 1, 2001 to January 1, 2002; and Coordination With Indian Tribal Governments the basic I/M performance standard’s revise and simplify the failure criteria OBD coverage (which currently applies for the OBD check; address State G. Executive Order 13045: Protection of Children From Environmental Health OBD–I/M testing to both light-duty Implementation Plan (SIP) credit vehicles and light-duty trucks) to limit modeling for the OBD check; allow for Risks and Safety Risks H. National Technology Transfer and such testing coverage to light-duty limited exemptions from some OBD Advancement Act vehicles only, for the purpose of check failure and/or rejection criteria for establishing the minimum, basic I/M II. Summary of Proposal certain model year vehicles; and correct performance standard. a typographical error in the current Under the Clean Air Act as amended The goal of these proposed basic I/M performance standard in 1990, 42 U.S.C. 7401 et seq., states amendments is to update and streamline regarding OBD–I/M vehicle coverage. required to implement vehicle requirements and to remove regulatory Lastly, this document solicits public inspection and maintenance (I/M) obstacles that would impede the comment on how to address the issue of programs were further required to effective implementation of the OBD– repair waivers for OBD-equipped incorporate a check of the onboard I/M testing required of all I/M programs vehicles and the possibility of extending diagnostic (OBD) computer as part of under the Clean Air Act as amended in the deadline for implementing OBD–I/M those programs. On November 5, 1992, 1990. By extending the deadline by checks even further. the U.S. Environmental Protection which states must begin implementation DATES: Written comments on this Agency (EPA) published in the Federal of OBD–I/M inspections, EPA hopes to proposal must be received no later than Register (40 CFR part 51, subpart S) a provide states the time necessary to October 20, 2000. rule related to state air quality better educate the public and the testing
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56845 and repair industries regarding this including, among other things, a however, EPA found that identifying important emission control technology, requirement that both basic and and recruiting OBD-equipped vehicles and to reduce the potential for start-up enhanced I/M programs conduct in need of repair proved more difficult difficulties that have undercut previous periodic inspections of the onboard and time-consuming than originally I/M efforts in many areas. EPA also diagnostic (OBD) system of vehicles so anticipated. As a result, EPA has only hopes to help states maximize the equipped. When EPA published the recently completed its preliminary efficiency and cost effectiveness of their original I/M rule in 1992, emission- assessment of OBD effectiveness and I/M programs by allowing them to based federal certification standards for implementation issues. During the eliminate functionally redundant testing OBD were still being developed. To course of these evaluations, however, it requirements. That said, it should be address the Act’s OBD–I/M requirement, became clear that certain regulatory pointed out that it is not the goal of this EPA reserved sections in the 1992 I/M changes were needed to ensure the proposal to provide comprehensive rule to be amended at some future date. smooth implementation of OBD–I/M guidance on how to successfully Although the federal requirement for testing by the states. EPA is therefore implement OBD–I/M testing in an I/M OBD as an element of vehicle design proposing to further extend the deadline program. Separate guidance addressing began with model year (MY) 1994, for OBD–I/M start-up from January 1, the non-regulatory aspects of OBD–I/M manufacturers were allowed to request 2001 to January 1, 2002, to give states implementation will be issued by EPA waivers on vehicles for MY 1994–95, so the time necessary to address the issues in conjunction with today’s proposal that the current generation of OBD (also raised by today’s proposed and made available to the public via known as OBDII) was not required on amendments. This element of today’s EPA’s web site and by request to the all light-duty cars and trucks sold in this proposal is discussed in more detail person listed in the FOR FURTHER country until MY 1996. On August 6, below, under section A, ‘‘Amendments INFORMATION CONTACT section of this 1996, EPA published amendments to to Extend the Implementation document. the I/M rule establishing OBD–I/M Deadline.’’ Today’s proposed amendments are performance standard and SIP EPA’s assessment of OBD is based based upon EPA’s findings gathered requirements. The 1996 amendments upon data gathered during three during three separate OBD–I/M pilot also specified data collection, analysis, separate OBD–I/M pilot studies. The studies, which focused on the following and summary reporting requirements for focus, general design, and results of aspects of OBD–I/M testing: (1) OBD’s the OBD–I/M testing element; those studies are discussed briefly effectiveness as compared to existing established OBD test equipment below. The complete results of the pilot exhaust emission testing; (2) OBD’s requirements and the OBD test result studies—including EPA’s analysis of its effectiveness as compared to existing reporting format; and identified those findings—can be found in the Technical evaporative system testing; and (3) the conditions that would result in either an Support Document (TSD) for this unique implementation issues OBD–I/M failure or rejection. Lastly, the proposal, copies of which are available associated with incorporating checks of August 6, 1996 amendments revised 40 in the docket or by contacting the the OBD system into a traditional I/M CFR part 85, subpart W to establish person listed in the FOR FURTHER setting. Elements of today’s proposal are OBD–I/M as an official performance INFORMATION CONTACT section of this also based upon EPA’s discussions with warranty short test under section 207(b) document. states regarding their preparedness for of the Act. The first pilot study focused on OBD–I/M testing as well as on At the time the original OBD–I/M assessing the effectiveness of the OBD recommendations made by the OBD requirements were established, it was check as an I/M test relative to the Workgroup of the Mobile Source not practical to evaluate the real-world, IM240, which is generally recognized as Technical Review Subcommittee in-use performance of OBD because the the most rigorous and accurate tailpipe established under the Federal Advisory vehicles in question were still too new inspection currently available for use by Committee Act (FACA). The results of and the number of those vehicles in I/M programs. That said, the ‘‘gold those pilot studies and the FACA need of repair were too few to make standard’’ for all I/M tests remains the workgroup recommendations can be pilot testing worthwhile.1 Therefore, in Federal certification test for new found in the docket for this proposal. 1998, EPA further amended its OBD– vehicles established under section Copies of those materials may be I/M requirements to delay the date by 206(a)(1) of the Act (also known as the obtained from the docket directly, or by which I/M programs must begin OBD Federal Test Procedure or FTP). Section contacting the person identified in the testing to no later than January 1, 2001 207(b) of the Act requires that all I/M FOR FURTHER INFORMATION CONTACT One of the primary reasons for tests demonstrate a reasonable section of this document. delaying the deadline for beginning correlation to the FTP. Therefore, in conducting its pilot testing, EPA III. Authority OBD–I/M testing was to give EPA time to evaluate the OBD check as an I/M compared both the OBD–I/M and IM240 Authority for the rule changes program element and to give states time test results to the FTP results on a per- proposed in this document is granted to to prepare for implementation. In vehicle basis. Between October 1997 EPA by sections 182, 202, 207, and 301 conducting its evaluation of OBD, and September 1999, 201 vehicles of the Clean Air Act as amended (42 failing either the IM240, the OBD–I/M U.S.C. 7401, et seq.). 1 It may be argued that such is still the case, check, or both were recruited for this especially given the difficulty EPA experienced study; each received properly IV. Background of the Proposed trying to find MY 1996 and newer OBD-equipped preconditioned, lab-grade IM240, OBD– Amendments vehicles with naturally occurring OBD failures to I/M, and FTP tests, both before and after participate in its pilot studies. EPA recently The Clean Air Act as amended in completed testing and has begun analyzing the repairs. What EPA found was that not 1990 (CAA or Act) requires EPA to set results from a study of high mileage, OBD-equipped only did the OBD–I/M check catch most guidelines for states to follow in vehicles including 33 vehicles with mileages of of the same high emitters identified by designing and running both basic and 100,000 miles or more. EPA recognizes the need to the IM240 (while avoiding the vehicles continue its testing of in-use, OBD-equipped enhanced I/M programs. The Act also vehicles, with particular attention being paid to the falsely failed by that particular test), it established certain minimum design durability and reliability of such systems on older, also identified vehicles in need of specifications for these programs, high mileage vehicles. maintenance and/or repair prior to their
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 56846 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules becoming high emitters, thus acting not identified by the OBD evaporative based upon its Wisconsin data and only as a pollution reduction strategy, system monitors alone. This result is not manufacturer-supplied information. but also as a pollution prevention too surprising, given the more stringent Electronic copies of this database are measure. The results of this pilot are test criteria for the gas cap test. Based available by contacting Arvon Mitcham discussed in more detail below, under on these findings, EPA believes that at (734)214–4522. EPA has found that section B, ‘‘Amendments to Reduce continuing to conduct the gas cap check the development of this database and Testing Burden.’’ on OBD-equipped vehicles (and increased inspector experience has The second pilot study focused on replacing those gas caps that fail the eliminated DLC location as a problem assessing the effectiveness of OBD–I/M check) is a good supplement to OBD–I/ area in the Wisconsin program. testing at identifying evaporative system M testing. EPA therefore recommends Coincident with the pilot testing failures, such as leaks and purge system that the gas cap check be conducted in described above and the development of malfunction, and determining the concert with OBD testing. However, the today’s proposal, EPA staff participated emission-reduction potential of gas cap check is the only test that EPA in an OBD Workgroup which was correcting those failures, once recommends be continued in formed by the Mobile Source Technical identified. Like the OBD tailpipe pilot conjunction with OBD–I/M testing, and Review Subcommittee, itself established discussed above, the OBD–I/M for which additional credit will be under the Federal Advisory Committee evaporative system monitoring results available in MOBILE6. The results of the Act (FACA). The OBD Workgroup were compared to the FTP results for OBD evaporative pilot are discussed in included members representing a broad the same vehicles. Testing for this pilot more detail below, under section B, range of OBD and I/M stakeholders (for ran from March 1999 to May 2000, and ‘‘Amendments to Reduce Testing a list of workgroup members, see the included a total of 30 vehicles. Unlike Burden.’’ docket). EPA shared the results of its The last of the three OBD–I/M pilot the OBD tailpipe study discussed above, pilot studies with the OBD Workgroup studies was aimed at identifying the the OBD evaporative pilot involved the while those studies were still in process use of induced evaporative system real-world implementation issues associated with OBD–I/M testing and and used the workgroup’s suggestions failures, as opposed to the recruitment and recommendations as a resource to of actual, in-use failures. Induced was conducted using data gathered from the Wisconsin enhanced I/M test lanes, guide the studies’ progress. During the failures were used due to the difficulty course of these discussions, FACA EPA had in finding MY 1996+ OBD- where OBD checks were being implemented voluntarily by the state. workgroup members made equipped vehicles with naturally recommendations concerning regulatory occurring evaporative system problems, One portion of the study was conducted under contract to EPA by Sierra revisions needed to facilitate the smooth which, in turn, was due to the relative implementation of OBD–I/M testing. newness of the vehicles in question, and Research. This portion of the study looked at data related to program Those recommendations have been the observation that the vast majority of considered and addressed in today’s naturally occurring problems were implementation from May 1998 and July 1998 and included paired IM240 and proposal. Copies of the FACA attributable to loose gas caps. Use of workgroup recommendations are induced evaporative system failures OBD testing on over 2,500 MY 1996+ OBD-equipped vehicles. Separate from available from the docket or by thus allowed EPA to more thoroughly contacting the person listed in the FOR investigate the effectiveness of OBD the Sierra Research analysis, EPA looked at data from Wisconsin’s I/M FURTHER INFORMATION CONTACT section of systems in detecting a variety of program 2 for the last eight months of this document. potential in-use failures. Unlike tailpipe 1999, which included IM240, gas cap, Today’s proposals and EPA’s rationale problems which are largely a function of and OBD–I/M test results on for each are discussed under separate mileage accumulation and general wear- approximately 94,000 MY 1996+ headings below. and-tear, evaporative system problems vehicles. In reviewing these two sets of tend to be a function of vehicle age, as A. Amendments To Extend the real-world I/M data, EPA identified two the rubber components of the system Implementation Deadline OBD-related implementation issues: (1) lose elasticity and become brittle and unset OBD readiness flags, and 2) 1. What Was the Original Deadline? more leak-prone. What EPA found was atypical OBD data link connector (DLC) The 1992 I/M rule was first amended that in the vast majority of cases, the locations. induced failure was accurately Regarding the first—unset readiness in August 1996 to establish the original identified by the OBD system, that flags—EPA found that when it excluded OBD–I/M requirements. These substantial emission reductions were vehicles for which corrective measures requirements assumed dual testing of achieved as a result of repairing the are being taken by the manufacturers, OBD–equipped vehicles with both failures, and that the OBD computer roughly 3% of MY 1996 vehicles have traditional I/M tests and the OBD–I/M responded to repairs by correctly unset readiness flags for the catalyst check, and included an implementation verifying that the failure conditions had and/or evaporative system monitors, deadline of January 1, 1998 for all I/M been removed (i.e., when the vehicle and that this number dropped to below areas, with the exception of those areas was operated to reset the evaporative 1% for MY 1998 vehicles. This issue is qualifying for the Ozone Transport system readiness flags, no DTCs or discussed in more detail below, under Region (OTR) low enhanced illuminated MILs were observed). section E, ‘‘OBD–I/M Rejection Criteria performance standard, which were In addition to these findings, an Amendments.’’ allowed to start OBD testing one year earlier EPA-sponsored FTP testing Regarding the second problem area— later, by January 1, 1999. Although program showed high evaporative atypical DLC locations—EPA has testing of the OBD system was required emissions from leaking gas caps. developed a database of DLC locations to start in 1998 or 1999, depending Furthermore, in comparing the test upon the area, states were not required results for gas cap tests versus OBD- 2 Wisconsin is one of a handful of I/M states that to fail vehicles on the basis of OBD–I/ based evaporative system tests from the have voluntarily opted to begin OBD–I/M testing M testing until January 1, 2000. The first Wisconsin I/M program’s data, EPA early. Currently, Wisconsin is not failing vehicles cycle of OBD– on the basis of their OBD–I/M test results. During found that the gas cap test failed the current phase-in period, OBD–I/M test results I/M testing was intended to be advisory considerably more vehicles than were are purely advisory. and was to be conducted
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56847 mainly as a means of gathering data on for OBD–I/M testing in conjunction with I/M lane environment, the OBD–I/M the effectiveness of OBD checks relative their response to this request for check at least has the advantage of not to other, more traditional I/M tests. At comments. falsely failing the same vehicles as the the time the original OBD–I/M IM240—a consumer protection benefit, B. Amendments To Reduce Testing requirements were promulgated in 1996, if not necessarily an environmental Burden OBD-equipped vehicles were still brand one.4 new and EPA had no basis for affording 1. Does OBD Technology Work? In other cases, the OBD–I/M check SIP credit for what was essentially an resulted in failing vehicles that both The OBD–I/M test effectiveness pilot untested test type. EPA’s original passed the IM240 and FTP. Though for studies for tailpipe and evaporative intention was to analyze data gathered a traditional tailpipe test these would emission testing had two primary goals: by the states during the first, advisory constitute false failures, OBD is not a (1) To determine whether or not OBD phase of OBD–I/M testing, and to use traditional tailpipe test. Traditional technology was actually meeting its this analysis as the basis for establishing tailpipe tests sample exhaust emissions design expectations in the real world, in SIP credit during the second, and as they leave the tailpipe, whereas OBD terms of identifying high emitting mandatory phase of OBD–I/M. monitors the status of individual Subsequent to the original 1996 vehicles and vehicles in need of repair emission control components. Unlike a requirements, EPA concluded that it and/or maintenance and (2) to traditional tailpipe test, OBD–I/M can was not appropriate to require states to determine whether OBD–I/M checks can identify vehicle emission control perform what amounted to mandatory replace traditional I/M tests like the problems before the emissions pilot testing on behalf of the Agency. IM240 and the purge and pressure tests themselves are out of control. OBD does Therefore, on May 4, 1998, EPA revised without a significant loss in emission this by identifying not only emission its original OBD–I/M requirements to reductions. With regard to the first goal, control components that are broken, but delay the date by which I/M programs EPA found that OBD identified nearly also those that are in need of were to begin OBD–I/M testing to no all of the vehicles later confirmed as maintenance prior to failure. Where later than January 1, 2001. The goal of high emitters on the FTP. Furthermore, traditional I/M tests can only measure this delay was to give EPA time to EPA found that OBD frequently the problem once the emission control evaluate the OBD check as an I/M identified vehicles in need of repair system has failed, OBD (if heeded) can program element based on its own pilot and/or maintenance prior to their actually prevent the failure from testing, to develop an appropriate level actually becoming high emitters, thus happening in the first place (and of SIP credit for OBD–I/M testing, to preventing high emissions as opposed to thereby prevent a relatively inexpensive determine whether dual testing was simply reducing them after the fact. problem from leading to a significantly necessary or desirable, and to give states Therefore, EPA concluded that OBD more costly repair bill). time to better prepare for the eventual technology is successfully meeting its Although EPA did find some vehicles implementation of OBD–I/M testing. design expectations in the real world. during its pilot testing for which the With regard to the second goal, the malfunction that triggered the original 2. What Regulatory Change Does EPA OBD tailpipe and OBD evaporative DTC could not be reproduced, we do Propose? system effectiveness pilots reached not believe Malfunction-Not- In conducting its evaluation of OBD– slightly different conclusions regarding Reproduced (MNR) vehicles will I/M testing, EPA found that identifying whether or not OBD–I/M checks can constitute a significant problem in and recruiting OBD-equipped vehicles completely replace existing I/M tests. operating I/M programs. EPA believes in need of repair proved more difficult Therefore, we will look at the two pilots that most of the MNR vehicles identified and time-consuming than originally separately, starting with the OBD during the course of the pilot testing anticipated. As a result, EPA has only tailpipe effectiveness study. were the result of the recruitment recently completed its preliminary 2. Can OBD Replace Tailpipe Testing? procedures used in the pilot, and not an assessment of OBD effectiveness. inherent problem with OBD–I/M itself. Nevertheless, based upon this During the OBD tailpipe effectiveness Under the pilot, vehicles were recruited assessment, it is clear that rule changes pilot, EPA found that while the pass/fail as soon as the MIL was illuminated— are needed to ensure the smooth test results for the IM240 and OBD–I/M not an optimum strategy for OBD, which implementation of OBD– check frequently agreed, a significant is designed to detect intermittent I/M testing by the states. EPA is portion of the vehicles tested failed the problems like misfire, but one which therefore proposing to further extend IM240 while passing the OBD–I/M was necessitated by the scarcity of the deadline for OBD–I/M start-up from check and vice versa. In cases where the vehicles with any MIL illumination at January 1, 2001 to January 1, 2002, to OBD–I/M and IM240 test results all. Under EPA’s OBD requirements, a give states the time necessary to address disagreed, EPA had to determine which MIL lit for a random misfire (or other the issues raised by today’s proposed test was correct. In investigating these intermittent system fault) may be amendments. EPA believes that such a results, EPA focused on the vehicles extinguished after three subsequent delay is appropriate, given the changes which passed the OBD–I/M check while driving cycles of similar operation in needed, and the lateness of these failing the IM240 in the lane. What EPA which the system fault does not reoccur; proposed changes relative to the current found when it retested these vehicles on after forty warm-up cycles without 2001 deadline. the IM240 under quality-controlled, lab- further fault detection, the DTC that EPA would also like to solicit grade conditions was that in most cases caused the original MIL illumination comment on whether a slightly longer the lane IM240 failures were, in fact, may be erased. Under the pilot study, delay is necessary, given the states’ false failures.3 This suggests that in the possible need to revise rules, software, 4 False failures can have a negative environmental test procedures, SIPs, et cetera to 3 It should be noted that false failures are an impact to the extent that they erode public address today’s proposed amendments. inherent element in any ‘‘short test’’ approximation confidence in and support of the program. EPA is of the FTP. In the case of the IM240, false failures also aware of anecdotal evidence that suggests the EPA asks that states also consider the in the lane can be greatly reduced through the use possibility that attempts to ‘‘repair’’ vehicles that role that public outreach and technician of proper preconditioning, second-chance testing, are not broken can actually increase emissions on training will play in their preparation and other quality control measures. a vehicle that should have passed in the first place.
VerDate 112000 17:15 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 56848 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules however, such vehicles were recruited evaporative emissions during SHED 5 on MY 1996+ OBD-equipped vehicles. before the OBD system had a chance to testing after repairs that turned off the Given the fact that the Clean Air Act clear itself, and therefore fell into the MIL. EPA considers these results provides the states and EPA little MNR category. In its discussions with impressive, compared to the existing discretion regarding the inclusion of the repair industry concerning OBD- purge and fill-neck pressure tests, which OBD testing in I/M programs, the only identified intermittent problems such as both suffer from a relatively high flexibility EPA can offer states to misfire and fuel trim problems, EPA has untestability rate due to accessability prevent functionally redundant testing found that vehicles it identified as MNR and material composition problems for is to allow them to drop the traditional during its pilot testing are frequently various makes and models (roughly I/M tests on MY 1996+ OBD-equipped receiving relevant, preventative 30% for pre-OBD-equipped vehicles and vehicles in favor of an OBD–I/M check. maintenance in the real world to ensure over 85% for OBD-equipped vehicles). EPA does not have the authority to that the original malfunction does not When it comes to the OBD–I/M check, allow states to take the opposite course reoccur and that the MIL, once cleared, however, OBD-equipped vehicles are (i.e., we cannot approve I/M programs stays off. This issue is discussed in more 100% testable, by design (provided the that ignore the Act’s OBD testing detail in the draft Technical Support Data Link Connector has not been requirement in favor of the traditional Document (TSD) included in the docket tampered—a condition which itself I/M tests on MY 1996+ OBD-equipped for this proposal. constitutes grounds for failure). EPA vehicles). Nevertheless—and provided it therefore proposes to allow states does not interfere with a state’s ability Based upon the above criteria, EPA currently doing the purge and fill-neck to meet the relevant performance concluded that OBD–I/M checks are pressure tests to drop those tests on MY standard—states may still exempt the superior to the IM240 because they: (1) 1996 and newer OBD-equipped vehicles newest vehicles from all testing for a set Identify the same true failures as IM240; in favor of OBD–I/M checks on those period of time. For example, a state may (2) do not identify the same false same vehicles. EPA also recommends be able to delay implementation of the failures as IM240; and (3) identify that programs add or continue existing OBD–I/M check past January 1, 2002— vehicles in need of repair and/or gas cap tests in conjunction with OBD– if it can still meet the relevant maintenance prior to actual failure of I/M evaporative system testing, based performance standard after exempting the emission control system, thus upon the finding that a separate gas cap MY 1996+ vehicles from all testing. The preventing excess emissions in the first check can find leaking gas caps not ability to exempt that many model years place. In turn, EPA concluded that there designed to be found by OBD, and the will vary on a state-by-state basis and is is little environmental value added in known potential for such leaks to driven by the relative distribution of old requiring states to perform both the produce high evaporative emissions, as versus new vehicles in the local fleet, as IM240 and the OBD–I/M check on MY noted earlier. well as by which performance standard 1996+ vehicles. Furthermore, since the applies. IM240 is considered the most accurate 4. Why is a Rule Change Needed To EPA believes that allowing states to traditional tailpipe test available for I/M Permit Traditional I/M Tests To Be exempt vehicles from the program and testing, these conclusions should also Replaced With OBD? to otherwise deviate from specific apply to other tailpipe tests, such as the As currently written, the I/M rule elements of the relevant performance idle test and the Acceleration requires states to add OBD testing to standard (provided the program Simulation Mode (ASM) test their I/M programs beginning no later achieves the same or better emission than January 1, 2001. Although the rule reductions as achieved by the 3. Can OBD Replace Evaporative System does not explicitly state that I/M performance standard) is consistent Testing? programs must conduct both their pre- with the Clean Air Act, which draws a distinction between what is required of With regard to the OBD evaporative existing I/M test(s) and the OBD check EPA in establishing the enhanced I/M testing pilot, EPA focused on on OBD-equipped vehicles, the current performance standard, and what is determining whether OBD–I/M checks rule’s data analysis and reporting minimally required of actual state accurately identified induced requirements include, among other programs. For example, the CAA evaporative system failures and things, the reporting of the number and requires that EPA’s enhanced I/M responded correctly when these failures percentage of vehicles by model year passing the OBD test while failing the performance standard include light-duty were repaired. Another goal of the pilot vehicles and light-duty trucks, but does was to quantify the emission reductions I/M emission test(s), and vice versa. The existence of these requirements implies not impose a similar, explicit that resulted from correcting these requirement on actual, operating state evaporative system failures. The that both tests must be done under the I/M rule as currently written. programs. The CAA also requires that effectiveness of the OBD–I/M check was the enhanced I/M performance standard evaluated relative to the evaporative Furthermore, the fact that EPA has not provided SIP credit modeling guidance include antitampering inspections, but portion of the FTP. The induced failures does not require the same of actual, included missing gas caps, disconnected with regard to OBD–I/M testing creates a disincentive to states that might operating state programs. Conversely, purge lines, 0.040 inch leaks in the gas the CAA requires OBD–I/M testing in all cap, vent line, and purge line, and 0.020 otherwise prefer to drop the traditional I/M test(s) in favor of OBD–I/M testing I/M programs—whether basic or inch leaks in the gas cap. What EPA enhanced—but does not explicitly found was that the majority of OBD- on MY 1996+ OBD-equipped vehicles. Today EPA is proposing to correct require EPA to include OBD–I/M testing equipped vehicles responded to the in its performance standard. induced failures by lighting a MIL this presumption by making an affirmative determination that states are It may be argued that since which then remained extinguished after ‘‘[c]omputerized emission analyzers’’ repair. A relatively small percentage of not required to conduct both the traditional I/M tests and the OBD check and OBD inspections are listed as two vehicles (12% or 3 out of 25) did not separate elements required in enhanced illuminate the MIL after the failure was 5 The acronym SHED stands for Sealed Housing I/M programs, that neither EPA nor the induced and only one vehicle in the for Evaporative Determination. SHED testing is part states have the discretion to exempt study continued to register high of the evaporative portion of the FTP. subject vehicles from one or the other
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EPA disagrees with this argument. cost effectiveness of their programs, short, EPA has concluded that the Maintaining that states cannot drop states routinely exempt the newest OBM–I/M check is at least as effective tailpipe emission testing from OBD- vehicles in their fleets for two or more as all other available I/M tests, with the equipped vehicles based upon this years, due to the very low statistical exception of the gas cap pressure test— separate-element argument leads to the likelihood that such vehicles will fail. which is the only test EPA recommends illogical corollary that states also cannot As suggested above, states already states continue in conjunction with exempt non-OBD-equipped vehicles have the flexibility to exempt MY 1996 OBM–I/M testing for OBD-equipped from the OBD inspection. Rather, EPA and newer vehicles from traditional I/M vehicles. MOBILE6, when it is released, believes that as long as a state includes tests, provided they can make a will reflect this guidance (i.e., a emission testing on some segment of its demonstration that they still meet the modeling run that includes both subject vehicles, OBD–I/M testing on applicable performance standard, traditional I/M testing and OBM–I/M the OBD-equipped portion of the fleet, despite these exemptions. In practice, testing on OBD-equipped vehicles will and meets or exceeds the emission however, there has been little incentive generate no more credit than if only reductions achieved by the relevant for states to exempt these vehicles OBM–I/M were assumed for those performance standard, then it shall be because doing so would result in a loss vehicles—with the exception of the gas- considered in compliance with the CAA of the emission reductions they could cap pressure test, for which additional requirements regarding minimum test model as part of their I/M SIPs, thus credit will be available). Therefore, type coverage. EPA believes the Act jeopardizing their ability to demonstrate under the rule EPA is proposing today, requires at a minimum that that they meet the applicable states that opt to drop their traditional computerized emission analyzers be performance standard. This shortfall I/M tests for OBD-equipped vehicles in used where emission tests are would only grow for later evaluation favor of OBM–I/M checks will not have conducted, and that OBD equipment be years as a larger proportion of the fleet to remodel their I/M credits prior to tested where cars are so equipped. fell into the category of MY 1996 and mandatory use of MOBILE6 for the next newer vehicles. Performing the required iteration of the states’ other SIP 5. What Regulatory Change is EPA OBD–I/M check on these vehicles modeling requirements that include Proposing? would do nothing to offset the SIP credit I/M. EPA proposes to insert clarifying text shortfall because the MOBILE5 emission factor model used for projecting SIP 2. What Regulatory Change is EPA making the affirmative determination Proposing? that states may drop traditional I/M tests credits does not currently include on MY 1996+ OBD-equipped vehicles in credits for OBM–I/M testing, and EPA EPA proposes to revise the OBD favor of OBD–I/M checks in those has not provided guidance on how to sections of the I/M performance sections of the I/M rule currently address OBM–I/M testing in SIPs prior standards to indicate that for modeling addressing OBD–I/M testing to release of MOBILE6. Therefore, even purposes, the OBM–I/M testing segment requirements, such as the performance though EPA’s pilot studies suggest that of the performance standard overlaps standards, test procedure requirements, OBM–I/M testing does produce real- but does not add to the credit already and data reporting requirements. world emission reductions, without assessed for testing MY 1996+ vehicles. EPA’s proposed action today, states Furthermore, prior to release of C. SIP Credit Modeling Amendments could be compelled to continue MOBILE6, the credit from OBM–I/M 1. Will States Lose Credit for Dropping functionally redundant testing, just so testing will replace (as opposed to being the Traditional I/M Tests on MY 1996+ they can claim the credits needed to added to) the credit already assessed for OBD-Equipped Vehicles? satisfy a paperwork modeling the testing of MY 1996+ vehicles in the requirement. states’ I/M SIPs. Therefore traditional I/ The Clean Air Act distinguishes The reason that the MOBILE5 model M tests can be dropped on MY 1996+ between the minimum program does not include OBM–I/M credits is vehicles in favor of OBM–I/M testing on elements that were to be used by EPA because when the model was developed those same vehicles without affecting an in developing its I/M performance in the early 1990s, neither OBD area’s ability to meet the applicable standards, and those program elements certification nor OBM–I/M testing performance standard. which had to be adopted by the state requirements had been established. As a 3. Is EPA Proposing To Give Different programs themselves to qualify as result, there was no real-world data Areas Different Levels of Credit for approvable I/M programs. For example, upon which to determine how much Doing the Same Test? in developing its enhanced I/M credit OBM–I/M testing should get, and performance standard, EPA was whether this credit should replace or be Prior to release of MOBILE6, EPA is required to include both an added to the credit already assessed for not proposing to proactively ‘‘give’’ antitampering inspection and an the traditional I/M tests. Although the states SIP credit for OBM–I/M testing; emission test on all MY 1968+ vehicles, next iteration of the MOBILE model— rather, we are proposing to ‘‘not deduct’’ including light-duty cars and light-duty MOBILE6—will include separate and credit from those areas that drop their trucks, using a centralized network and explicit OBM–I/M credit, that version is existing, non-gas-cap-based I/M annual testing. States, on the other still in development and is not currently inspections on OBD-equipped vehicles hand, have the option of designing available for states to use in preparing in favor of OBM–I/M testing on that biennial and/or decentralized I/M their SIPs. In the interim between same subset of subject vehicles. EPA programs, are not required to include MOBILE5 and MOBILE6, EPA proposes understands how this may seem like a antitampering inspections, and can that states account for the replacement distinction without a difference, the exempt as many vehicles as they want— of traditional I/M tests with OBM–I/M practical impact of which is that areas provided they can still meet or exceed testing by assuming that OBM–I/M performing an idle test as their tailpipe the applicable performance standard in testing does not get less credit than the test will only get idle-level credit for terms of emission reductions. States also test(s) that it is replacing. This OBM–I/M, while those areas doing have flexibility with regard to the type assessment of ‘‘no credit loss’’ is based IM240 will get IM240-level credit for of test performed and which model upon the pilot testing discussed earlier OBM–I/M. The fact is that both areas years are covered. In fact, to improve the and addressed in detail in the TSD. In will get the exact same level of credit for
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OBM–I/M—once MOBILE6 is released. more significant problem develop equipped vehicles will just be subject to Prior to that release, the only credit- between I/M inspections. However, one a different kind of periodic inspection assessment tool EPA has to offer states of the significant advantages of OBD once they show up at the lane (i.e., the is MOBILE5—a model which simply systems relative to traditional I/M is its OBD scan) while non-OBD-equipped was not designed to account for OBM– ability to inform motorists of a problem vehicles will continue to receive the I/M. MOBILE5 and MOBILE6 are in between inspections. Ideally, once more traditional tailpipe and/or sufficiently different from one another the MIL has been commanded on, the evaporative system tests. motorist is aware that there is a problem that any surrogate method EPA would 3. Will Increasing the Number of with the vehicle that needs correction propose to ‘‘trick’’ MOBILE5 into Possible OBD–I/M Failure Criteria and will respond by getting the vehicle modeling OBM–I/M credits is bound to Increase the Burden on Motorists? produce erroneous results—results repaired well before such repairs are which, more likely than not, would required by the I/M program. Repairing While simplifying the failure criteria produce temporary, ‘‘paper’’ credits that the vehicle in a timely manner can also to all DTCs leading to MIL illumination would disappear once areas were called help prevent minor problems from will greatly simplify the state’s upon to remodel their I/M programs becoming major ones, thus saving the administration of the OBD–I/M using MOBILE6. EPA believes that owner money in the long run. Under inspection, a logical biproduct of that maintaining the status quo with regard such a scenario, the I/M program is the simplification is that more motorists to I/M SIP credits while allowing states backstop of last resort that enforces will be failed for OBD–I/M checks under to drop their non-gas-cap-based, compliance with the OBD system. If the the revised criteria than under the traditional I/M tests on OBD-equipped I/M program allows vehicles to current regulations. Looking at six vehicles in favor of OBM–I/M for those complete the testing process without months’ worth of OBD–I/M data from same vehicles is the most responsible extinguishing the MIL, the OBD system the Wisconsin I/M program, EPA found and conservative approach we can take will be effectively invalidated until the that less than 0.5% of the OBD- during this interim period between next inspection, and the public’s equipped vehicles tested had MILs lit models, given the known differences responsiveness to OBD MILs will be for DTCs falling outside the current between the two models. Nevertheless, eroded. failure criteria. Furthermore, EPA believes that the net impact of today’s EPA welcomes comment on alternative 2. What Regulatory Change Does EPA approaches for assessing OBM–I/M proposal will be a significant lessening Propose? of the test burden on motorists, since credit during this interim period Given the above considerations, EPA they will be subjected to fewer tests between mobile source emission factor is today proposing to simplify the DTC- overall under the proposal than would models. Currently, MOBILE6 is based OBD–I/M failure criteria to be the case otherwise (i.e., a single, sixty scheduled for release by the end of include any DTC that results in the MIL second OBD–I/M test versus tailpipe, calendar year 2000, and OBM–I/M will being commanded on. Additionally, in evaporative system, and OBD–I/M tests, be included as a separate, modelable the event that the OBD scan reveals which can take five minutes or longer to and fully-credited program element as DTCs that have been set but for which perform). Allowing states to drop part of that model. the MIL has not been commanded on, traditional I/M tests in favor of D. OBD–I/M Failure Criteria EPA recommends that the motorist be OBD–I/M—EPA believes—will reduce Amendments advised that a problem may be pending the overall failure rate for OBD- but we do not propose to require that equipped vehicles, relative to current 1. What Are the Current Failure the vehicle be failed at this time (unless requirements. Criteria? other, non-DTC-based failure criteria 4. How Should Waivers Be Addressed On August 6, 1996, EPA identified the have been met, such as a failed bulb Under OBD–I/M Testing Criteria? list of Diagnostic Trouble Codes (DTCs) check). that constitute the OBD–I/M failure Given the above discussion Currently, both the Clean Air Act and criteria at 40 CFR 85.2207(d). These concerning the MIL eclipsing effect and the I/M rule provide a minimum criteria were then echoed in 40 CFR out-of-cycle OBD response, it is expenditure value for state programs 85.2223(b) which identifies the required important to also note what EPA is not which allow the waiver of vehicles DTCs that are to be listed as part of the proposing with this document. failing the I/M inspection from further OBD–I/M test report. Currently, the Although voluntary compliance with repair obligation for one test cycle once DTC-based failure criteria for OBD–I/M OBD on the part of individual motorists a certain, minimum amount has been is limited to a subset of power train (or prior to mandatory I/M testing spent on relevant repairs. For basic I/M P-code) DTCs. If a vehicle is identified represents the ideal, given OBD’s programs, these minimum expenditures through an I/M program as having a potential, EPA realizes that the backstop are $75 for pre-1981 model year Malfunction Indicator Light (MIL) of mandatory I/M is still needed to vehicles, and $200 for MY 1981 and commanded on for one or more of these ensure compliance of these vehicles. newer vehicles; for enhanced I/M P-codes, then Federal regulations Therefore, EPA is not proposing that programs, the Act specifies a minimum require that the vehicle fail the OBD-equipped vehicles be exempt from expenditure for all vehicles of $450 inspection. participating in the periodic inspection adjusted to reflect the difference in the As part of the OBD–I/M process. The mandatory, periodic nature Consumer Price Index (CPI) between the implementation pilot study, EPA of I/M and the I/M infrastructure remain previous year and 1989. Neither the rule discovered that using only a subset of unchanged by today’s proposal. nor the Act addresses the OBD–I/M DTCs (as opposed to all DTCs that lead Whether or not they are OBD-equipped, check when it comes to qualifying for to the MIL being commanded on) subject vehicles must still be presented waivers. However, EPA is formally undermines the potential of OBD to for periodic inspection and must recommending that states not allow reduce and prevent excess emissions. demonstrate compliance with all waivers for MY 1996 and newer OBD- The problem is that once the MIL is lit applicable I/M program requirements at equipped vehicles prior to extinguishing for a relatively minor problem the an I/M test facility prior to registration the MIL and correcting the cause of any system is effectively eclipsed, should a in registration-based programs. OBD- DTCs for which the MIL was
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56851 illuminated. EPA also recommends that the vehicle is failed, the initial test percentage of vehicles experiencing this states consider providing repair process is considered complete and an particular problem is small, and subsidies or some other form of official test report is generated. If, on the shrinking for newer model years. financial assistance to address hardship other hand, unset readiness flags are Excluding vehicles for which corrective cases that would otherwise be addressed present, the vehicle is rejected and the measures are being taken by the through the waiver process. test process is aborted. manufacturers in the form of service EPA makes this recommendation The reason vehicles with unset campaigns and OBD computer because of the fundamental difference readiness flags are rejected but not reprogramming, EPA found that roughly between how OBD-equipped vehicles failed is because an unset readiness flag 3% of MY 1996 vehicles had this and non-OBD-equipped vehicles are is not necessarily an indication of an readiness problem at the time of their diagnosed and repaired. EPA believes emission problem. Rather, it is an initial OBD–I/M check and that this that the minimum expenditure waiver indication that certain monitor(s) that number dropped to below 1% for MY makes sense for traditional tailpipe and/ are intended to determine whether or 1998 vehicles receiving their first OBD– or evaporative emission test-based not there may be an emission problem I/M check. The majority of these unset repairs because such tests provide little have not been run to evaluate the readiness flags were for the catalyst and/ concrete information concerning the system. In the case of rejection, the issue or evaporative system, which are known specific cause of failure. Therefore, the of whether or not the vehicle requires to be difficult to set. Based upon these waiver helps protect consumers from repairs is deferred until the readiness findings, EPA concluded that requiring trial-and-error repairs that amount to flag(s) have been set and the monitor(s) rejection of vehicles for any unset little more than throwing parts at an run. readiness flag is unnecessarily insufficiently isolated problem. OBD, on The current I/M requirements are restrictive, and that flexibility in this the other hand, is specifically designed inadequate with regard to OBD area is therefore warranted. to help limit the opportunity for trial- readiness because there are many Furthermore, EPA believes that the and-error repairs by linking DTCs to reasons why a readiness flag may not be practical impact of allowing this specific components and subsystems. set when an OBD-equipped vehicle flexibility is negligible, especially OBD does not just tell the repair arrives at the I/M test site—some of because an unset readiness flag is not technician that there is a problem, but them wholly legitimate and beyond the the same thing as an emission problem also what kind of problem and control of the motorist. For one thing, and because of the likelihood that approximately where in the overall not all OBD system monitors are run vehicles with unset readiness flags system it is occurring. Furthermore, if continuously. Some monitors are run during one test cycle will be ‘‘ready’’ in an OBD-equipped vehicle is waived every time a vehicle is driven, while time for subsequent test cycles. Lastly, from further repair without others may only run after a certain the number of vehicles involved is extinguishing the MIL, the practical combination of operating conditions has dwarfed by other perennial I/M issues effect would be to render the OBD been met. Within Federal guidelines, such as the non-compliance, drop-out system invalid until the next test cycle manufacturers still have a fair degree of and waiver rates, which are known to due to the MIL eclipsing effect discretion in establishing the monitor- have a direct impact on the emission discussed earlier. EPA believes that triggering protocols used and these tend reduction effectiveness of a program. to vary from manufacturer to allowing waivers under these 2. What Regulatory Change Does EPA circumstances sends the wrong message manufacturer, as well as from model to model. As a result, it is possible that a Propose? concerning the importance of vehicle may not have been operated Although EPA believes it is important responding to the MIL and defeats the under the conditions necessary to in most cases to verify an OBD- whole purpose for which OBD was trigger one or more monitors before equipped vehicle’s readiness status, we designed. We therefore recommend that showing up for an OBD–I/M check. It is do not believe that the motorist should states bar MY 1996 and newer OBD- also possible that the monitors did run, be penalized for something beyond his/ equipped vehicles from participating in but were then reset when the battery her control. Therefore, EPA is today their waiver programs if such vehicles was disconnected during routine proposing to allow states to complete have a MIL commanded on at the time maintenance on the vehicle, or in an the testing process on MY 1996–2000 they apply for a waiver. EPA welcomes attempt to fraudulently extinguish the vehicles with two or fewer unset public comments and suggestions on MIL and clear DTCs prior to OBD–I/M readiness flags; for MY 2001 and newer alternative methods for addressing the testing. Although disconnecting the vehicles, the testing process could still OBD–I/M waiver issues discussed here. battery will temporarily clear any DTCs be complete provided there is no more E. OBD–I/M Rejection Criteria that are present, these will eventually be than one unset readiness flag. This does Amendments triggered again, as the monitors in not mean that these vehicles are exempt question are rerun. In fact, readiness from the OBD–I/M check. The complete 1. What Are the Current Rejection codes were developed specifically to MIL check and scan must be run in all Criteria? prevent vehicle owners from evading cases, and the vehicle still must be Current Federal regulations for OBD– the test by disconnecting their batteries failed if the MIL is commanded on. The I/M testing require that I/M programs just prior to testing. In most cases the vehicle should continue to be rejected if reject from further testing any MY readiness flag can be set by running the it is MY 1996–2000 and has three or 1996+ OBD-equipped vehicles that are vehicle under load for some period of more unset readiness flags or is MY found to have unset readiness flags. It is time prior to resubmitting it for testing. 2001 or newer and has two or more important to note that ‘‘rejection’’ is As part of its analysis of Wisconsin’s unset readiness flags. This proposal is distinct from ‘‘failure.’’ In the context of OBD–I/M data, EPA found that a small based upon EPA’s findings regarding OBD–I/M, rejection is triggered by a percentage of the earliest OBD-equipped readiness status from Wisconsin’s OBD– vehicle’s readiness status while failure vehicles showed up at the I/M test lanes I/M data discussed above and also is related to the presence of DTCs that with unset readiness flags that could not reflects a FACA workgroup command the MIL to be lit. If DTCs are be readily resolved by additional, recommendation. It is intended to present and the MIL is commanded on, normal vehicle operation. The reduce the potential for customer
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 56852 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules inconvenience during this start-up incentive for states to optimize the on states. Furthermore, states are under phase of the transition to OBD–I/M efficiency and cost effectiveness of their no obligation, legal or otherwise, to testing. We believe that the existing programs through the modify existing plans meeting the environmental impact of this exemption elimination of functionally redundant previously applicable requirements as a will be negligible, given the small testing methods by allowing such tests result of today’s proposal. to be dropped without any reduction in number of vehicles involved, the VII. Public Participation likelihood that at least some of these I/M SIP credit. Based upon the pilot readiness flags will have been set in data discussed in the TSD to this EPA desires full public participation time for subsequent OBD–I/M checks, proposal, EPA has concluded that there in arriving at final decisions in this and the fact that an unset readiness flag is little inherent environmental benefit rulemaking action. EPA solicits is not itself an indication of an emission from requiring traditional I/M testing in comments on all aspects of this proposal problem. Furthermore, both EPA and addition to OBD–I/M checks on MY from all parties. Wherever applicable, the California Air Resources Board 1996+ OBD-equipped vehicles, with the full supporting data and detailed (CARB) are currently working with exception of the gas cap pressure test. analysis should also be submitted to vehicle manufacturers to address this As a result, EPA believes that there is allow EPA to make maximum use of the issue and further reduce the number of effectively no negative environmental comments. All comments should be vehicles affected. Nevertheless, EPA impact from providing an incentive for directed to the Air Docket, Docket No. solicits public comment on alternative eliminating these functionally A–2000–16. approaches to addressing the readiness redundant tests. EPA concludes that any VIII. Administrative Requirements issue discussed here. In particular, EPA marginal environmental benefit that would like comment on whether might result from dual testing of OBD- A. Administrative Designation vehicles with unset readiness flags equipped vehicles is far outweighed by It has been determined that these should receive a traditional tailpipe the cost and inconvenience of dual proposed amendments to the I/M rule and/or evaporative system test and testing, as well as by the potential do not constitute a significant regulatory whether different tests should be environmental loss associated with action under the terms of Executive required in lieu of OBD–I/M testing ‘‘fixing’’ falsely failed vehicles. Order 12866 and this action is therefore depending upon which readiness flag B. Impact on Existing and Future I/M not subject to OMB review. Any impacts has not been set. Programs associated with these revisions do not constitute additional burdens when F. Technical Amendment States with approved I/M SIPs will compared to the existing I/M The current I/M rule includes not have to remodel their I/M programs requirements published in the Federal identical language regarding the if they choose to exempt MY 1996+ Register on November 5, 1992 (57 FR inclusion of OBD–I/M testing in both OBD-equipped vehicles from traditional 52950) as amended. Nor do the the enhanced and basic I/M I/M tests in favor of OBD–I/M checks on proposed amendments create an annual performance standards, with each those vehicles, provided no other effect on the economy of $100 million standard assuming that, at a minimum, programmatic changes are made. If, or more or otherwise adversely affect OBD–I/M testing is being performed on however, a state chooses to modify its the economy or the environment. The all OBD-equipped light-duty vehicles program another way, then a revised proposal is not inconsistent with nor I/M SIP and new modeling may be does it interfere with actions by other and light-duty trucks. While the Clean 6 Air Act requires enhanced I/M necessary. Nevertheless, it is important agencies. It does not alter budgetary performance standards to cover both to note that today’s proposed impacts of entitlements or other light-duty vehicles and light-duty amendments are aimed at lessening the programs, and it does not raise any new trucks, it does not require that level of overall burden on states while also or unusual legal or policy issues. coverage for the basic I/M performance improving program efficiency and cost effectiveness; the proposal does not B. Reporting and Recordkeeping standard. Currently, all other elements increase the existing burden on states, Requirement of the basic I/M performance standard provided states do not make other (such as tailpipe testing coverage) apply There are no additional information changes to their programs. only to light-duty vehicles, but not light- requirements in this proposed rule duty trucks. The inclusion of OBD–I/M VI. Economic Costs and Benefits which require the approval of the Office of Management and Budget under the testing on light-duty trucks in the basic Today’s proposed revisions provide I/M performance standard is the result Paperwork Reduction Act 44 U.S.C. states with an incentive to increase the 3501 et seq. of a typographical error. We are cost effectiveness and efficiency of their therefore proposing to correct this existing I/M programs. The proposal, C. Regulatory Flexibility Act typographical error by deleting when finalized, will lessen rather than Pursuant to section 605(b) of the reference to light-duty trucks in increase the potential economic burden Regulatory Flexibility Act, 5 U.S.C. § 51.352(c) of the I/M rule, which 605(b), the Administrator certifies that establishes the basic I/M performance 6 For example, if a state which is currently this proposal will not have a significant standard coverage requirements for employing a centralized, test-only network design economic impact on a substantial OBD–I/M testing. for its I/M program decides to send MY 1996+ OBD- equipped vehicles to decentralized, test-and-repair number of small entities and, therefore, V. Discussion of Major Issues stations for the OBD–I/M check instead of to is not subject to the requirement of a centralized, test-only stations, this would constitute Regulatory Impact Analysis. A small A. Emission Impact of the Proposed a fundamental change in program design. A change entity may include a small government Amendments like this would require the submission of a revised I/M SIP including documented support for the entity or jurisdiction. This certification Today’s proposal clarifies existing associated emission credit claimed, or a good faith is based on the fact that the I/M areas flexibility currently available to states estimate of the effectiveness of the decentralized, impacted by the proposed rulemaking test-and-repair portion of the program along with a with regard to exempting specific model commitment to substantiate that estimate using data do not meet the definition of a small years from specific program from the operating program within 12 months of government jurisdiction, that is, requirements. It also provides an final, conditional approval of the SIP revision. ‘‘governments of cities, counties, towns,
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56853 townships, villages, school districts, or unless the Federal government provides or create any additional burden or special districts, with a population of the funds necessary to pay the direct requirements for tribal government. The less than 50,000.’’ The basic and compliance costs incurred by State and proposal does not impose any enhanced I/M requirements only apply local governments, or EPA consults with enforceable duties on these entities. to urbanized areas with population in State and local officials early in the Accordingly, the requirements of excess of either 100,000 or 200,000 process of developing the proposed section 3(b) of Executive Order 13084 depending on location. Furthermore, the regulation. EPA also may not issue a do not apply to this proposal. impact created by the proposed action regulation that has federalism does not increase the preexisting burden implications and that preempts State G. Executive Order 13045: Protection of of the existing rules which this proposal law, unless the Agency consults with Children From Environmental Health seeks to amend. State and local officials early in the Risks and Safety Risks process of developing the proposed D. Unfunded Mandates Act Executive Order 13045 (62 FR 19885, regulation. April 23, 1997) applies to any rule that: Under section 202 of the Unfunded This proposed rule does not have (1) Is determined to be economically Mandates Reform Act of 1995 federalism implications. It will not have significant as defined under Executive (‘‘Unfunded Mandates Act’’), signed substantial direct effects on the States, Order 12866, and (2) concerns an into law on March 22, 1995, EPA must on the relationship between the national environmental health or safety risk that prepare a budgetary impact statement to government and the States, or on the EPA has reason to believe may have a accompany any proposed or final rule distribution of power and disproportionate effect on children. If where the estimated costs to State, local, responsibilities among the various the regulatory action meets both criteria, or tribal governments, or to the private levels of government, as specified in the Agency must evaluate the sector, will be $100 million or more. Executive Order 13132. On the contrary, environmental health or safety effects of Under section 205, EPA must select the the intent of today’s proposed rule is to the planned rule on children, and most cost-effective and least provide states greater flexibility with explain why the planned regulation is burdensome alternative that achieves regard to pre-existing regulatory and preferable to other potentially effective the objective of the rule and is statutory requirements for vehicle and reasonably feasible alternatives consistent with statutory requirements. inspection and maintenance (I/M) considered by the Agency. EPA Section 203 requires EPA to establish a programs. Thus, the requirements of interprets Executive Order 13045 as plan for informing and advising any section 6 of the Executive Order do not applying only to those regulatory small governments that may be apply to this proposal. significantly impacted by the rule. To actions that are based on health or safety the extent that the rules being proposed F. Executive Order 13084: Consultation risks, such that the analysis required by this action would impose any and Coordination With Indian Tribal under section 5–501 of the Order has mandate at all as defined in section 101 Governments the potential to influence the regulation. of the Unfunded Mandates Act upon the Under Executive Order 13084, EPA This proposal is not subject to Executive state, local, or tribal governments, or the may not issue a regulation that is not Order 13045 because it is not private sector, as explained above, this required by statute, that significantly or economically significant under proposed rule is not estimated to uniquely affects the communities of Executive Order 12866 and because it is impose costs in excess of $100 million. Indian tribal governments, and that based on technology performance and Therefore, EPA has not prepared a imposes substantial direct compliance not on health or safety risks. statement with respect to budgetary costs on those communities, unless the H. National Technology Transfer and impacts. As noted above, this rule offers Federal government provides the funds Advancement Act opportunities to states that would necessary to pay the direct compliance enable them to lower economic burdens costs incurred by the tribal Section 12(d) of the National from those resulting from the currently governments, or EPA consults with Technology Transfer and Advancement existing I/M rule. those governments. If EPA complies by Act of 1995 (NTTAA) directs all Federal consulting, Executive Order 13084 agencies to use voluntary consensus E. Executive Order 13132: Federalism requires EPA to provide to the Office of standards instead of government-unique Executive Order 13132, entitled Management and Budget, in a separately standards in their regulatory activities ‘‘Federalism’’ (64 FR 43255, August 10, identified section of the preamble to the unless to do so would be inconsistent 1999), requires EPA to develop an rule, a description of the extent of EPA’s with applicable law or otherwise accountable process to ensure prior consultation with representatives impractical. Voluntary consensus ‘‘meaningful and timely input by State of affected tribal governments, a standards are technical standards (e.g., and local officials in the development of summary of the nature of their concerns, material specifications, test methods, regulatory policies that have federalism and a statement supporting the need to sampling and analytical procedures, implications.’’ ‘‘Policies that have issue the regulation. In addition, business practices, etc.) that are federalism implications’’ is defined in Executive Order 13084 requires EPA to developed or adopted by one or more the Executive Order to include develop an effective process permitting voluntary consensus standards bodies. regulations that have ‘‘substantial direct elected officials and other Examples of organizations generally effects on the States, on the relationship representatives of Indian tribal regarded as voluntary consensus between the national government and governments ‘‘to provide meaningful standards bodies include the American the States, or on the distribution of and timely input in the development of Society for Testing and Materials power and responsibilities among the regulatory policies on matters that (ASTM), the National Fire Protection various levels of government.’’ significantly or uniquely affect their Association (NFPA), and the Society of Under section 6 of Executive Order communities.’’ Today’s proposal does Automotive Engineers (SAE). The 13132, EPA may not issue a regulation not significantly or uniquely affect the NTTAA requires Federal agencies like that has federalism implications, that communities of Indian tribal EPA to provide Congress, through OMB, imposes substantial direct compliance governments. Today’s proposal does not with explanations when an agency costs, and that is not required by statute, create a mandate on tribal governments decides not to use available and
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 56854 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules applicable voluntary consensus Plan (SIP), with the intention that the § 51.356 Vehicle coverage. standards. inclusion of OBD–I/M testing in either * * * * * These proposed amendments do not case will neither increase nor decrease (a) * * * involve technical standards. Therefore, the credit currently established or (6) States may also exempt MY 1996 EPA is not considering the use of any claimed. This interim assumption shall and newer OBD-equipped vehicles that voluntary consensus standards. apply even in the event that the State receive an OBD–I/M inspection from the List of Subjects opts to discontinue its current I/M tests tailpipe, purge, and fill-neck pressure on MY 1996 and newer vehicles in favor tests (where applicable) without any 40 CFR Part 51 of an OBD–I/M check on those same loss of emission reduction credit. Environmental protection, vehicles, with the exception of the gas- * * * * * Administrative practice and procedure, cap evaporative system test. If a State 5. Section 51.357 is amended by Air pollution control, Carbon monoxide, currently claiming the gas-cap test in its revising paragraphs (a)(5), (a)(12), (b)(1) Intergovernmental relations, Lead, I/M SIP decides to discontinue that test introductory text, (b)(4) and (d) Nitrogen dioxide, Ozone, Particulate on some segment of its subject fleet introductory text to read as follows: matter, Reporting and recordkeeping previously covered, then the State will § 51.357 Test procedures and standards. requirements, Sulfur oxides, Volatile need to revise its SIP and I/M modeling organic compounds. to quantify the resulting loss in credit, * * * * * per established modeling policy for the (a) * * * 40 CFR Part 85 gas-cap pressure test. (5) Vehicles shall be rejected from Environmental protection, * * * * * testing if the exhaust system is missing Confidential business information, 3. Section 51.352 is amended by or leaking, or if the vehicle is in an Imports, Labeling, Motor vehicle revising paragraph (c) to read as follows: unsafe condition for testing. Beginning pollution, Reporting and recordkeeping January 1, 2002, MY 1996 and newer requirements, Research, Warranties. § 51.352 Basic I/M performance standard. vehicles shall be rejected from testing if a scan of the OBD system reveals a ‘‘not Dated: September 12, 2000. * * * * * (c) On-board diagnostics (OBD). The ready’’ status for three or more monitors Carol M. Browner, performance standard shall include on MY 1996 through MY 2000 vehicles, Administrator. inspection of all 1996 and later light- inclusive, or for two or more monitors For the reasons set out in the duty vehicles equipped with certified on MY 2001 and newer vehicles, as preamble, part 51 and 85 of chapter I, on-board diagnostic systems, and repair provided in 40 CFR 85.2222(c)(2). Once title 40 of the Code of Federal of malfunctions or system deterioration the cause for rejection has been Regulations are proposed to be amended identified by or affecting OBD systems corrected, the vehicle must return for to read as follows: as specified in § 51.357. For States using testing to continue the testing process. Failure to return for testing after PART 51Ð[AMENDED] some version of MOBILE5 prior to mandated use of the MOBILE6 and rejection shall be considered non- 1. The authority citation for Part 51 subsequent versions of EPA’s mobile compliance with the program, unless continues to read as follows: source emission factor model, the OBD– the motorist can prove that the vehicle Authority: 23 U.S.C. 101; 42 U.S.C. 7401– I/M portion of the State’s program as has been sold, scrapped, or is otherwise 7671q. well as the applicable enhanced I/M no longer in operation within the performance standard may be assumed program area. Subpart SÐ[Amended] to be equal to the tests previously * * * * * covering MY 1996 and newer vehicles (12) On-board diagnostic checks. 2. Section 51.351 is amended by in both the applicable performance Beginning January 1, 2002, inspection of revising paragraph (c) to read as follows: standard and the I/M program contained the on-board diagnostic (OBD) system § 51.351 Enhanced I/M performance in the State’s I/M State Implementation on MY 1996 and newer light-duty standard. Plan (SIP), with the intention that the vehicles and light-duty trucks shall be * * * * * inclusion of OBD–I/M testing in either conducted according to the procedure (c) On-board diagnostics (OBD). The case will neither increase nor decrease described in 40 CFR 85.2222, at a performance standard shall include the credit currently established or minimum. This inspection may be used inspection of all 1996 and later light- claimed. This interim assumption shall in lieu of tailpipe, purge, and fill-neck duty vehicles and light-duty trucks apply even in the event that the State pressure testing. No additional emission equipped with certified on-board opts to discontinue its current I/M tests reduction credit will be afforded diagnostic systems, and repair of on MY 1996 and newer vehicles in favor programs that conduct tailpipe, purge, malfunctions or system deterioration of an OBD–I/M check on those same and fill-neck pressure testing in identified by or affecting OBD systems vehicles, with the exception of the gas- addition to OBD—I/M testing, with the as specified in § 51.357. For States using cap evaporative system test. If a State exception of gas-cap-only evaporative some version of MOBILE5 prior to currently claiming the gas-cap test in its system testing, for which additional mandated use of the MOBILE6 and I/M SIP decides to discontinue that test credit may still be claimed. subsequent versions of EPA’s mobile on some segment of its subject fleet * * * * * source emission factor model, the OBD– previously covered, then the State will (b) Test standards—(1) Emissions I/M portion of the State’s program as need to revise its SIP and I/M modeling standards. HC, CO, and CO+CO2 (or well as the applicable enhanced I/M to quantify the resulting loss in credit, CO2 alone) emission standards shall be performance standard may be assumed per established modeling policy for the applicable to all vehicles subject to the to be equal to the tests previously gas-cap pressure test. program with the exception of MY 1996 covering MY 1996 and newer vehicles * * * * * and newer OBD-equipped light-duty in both the applicable performance 4. Section 51.356 is amended by vehicles and light-duty trucks, which standard and the I/M program contained adding a new paragraph (a)(6) to read as will be held to the requirements of 40 in the State’s I/M State Implementation follows: CFR 85.2207, at a minimum. Repairs
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56855 shall be required for failure of any (a)(2)(xv), (a)(2)(xvi), (a)(2)(xvii), 552(a) and 1 CFR part 51. Copies of SAE standard regardless of the attainment (a)(2)(xviii), and by removing and J2012 may be obtained from the Society status of the area. NOX emission reserving paragraphs (a)(2)(xiii) and of Automotive Engineers, Inc., 400 standards shall be applied to vehicles (a)(2)(xiv) to read as follows: Commonwealth Drive, Warrendale, PA subject to a transient test in ozone 15096–0001. Copies may be inspected at nonattainment areas and in an ozone § 51.366 Data analysis and reporting. the EPA Docket No. A–94–21 at EPA’s transport region, unless a waiver of NOX * * * * * Air Docket, (LE–131) Room 1500 M, 1st controls is provided to the State under (a) * * * Floor, Waterside Mall, 401 M Street SW, § 51.351(d) of this subpart. (2) * * * Washington, DC, or at the Office of the (xi) Passing the on-board diagnostic * * * * * Federal Register, 800 North Capitol (4) On-board diagnostic test check; Street, NW., suite 700, Washington, DC. (xii) Failing the on-board diagnostic standards. Vehicles shall fail the on- 11. Section 85.2222 is amended by check; board diagnostic test if they fail to meet revising paragraphs (c), (d)(1) and (d)(2) (xiii) [Reserved] the requirements of 40 CFR 85.2207, at and by adding new paragraph (d)(4) to (xiv) [Reserved] read as follows: a minimum. Failure of the on-board (xv) Passing the on-board diagnostic diagnostic test need not result in failure check and failing the I/M gas cap § 85.2222 On-board diagnostic test of the vehicle inspection/maintenance evaporative system test (if applicable); procedures. test until January 1, 2002. (xvi) Failing the on-board diagnostic * * * * * * * * * * check and passing the I/M gas cap (c) The test system shall send a Mode (d) Applicability. In general, section evaporative system test (if applicable); $01, PID $01 request in accordance with 203(a)(3)(A) of the Clean Air Act (xvii) Passing both the on-board SAE J1979 to determine the evaluation prohibits altering a vehicle’s diagnostic check and I/M gas cap status of the vehicle’s on-board configuration such that it changes from evaporative system test (if applicable); diagnostic system. The test system shall a certified to a non-certified (xviii) Failing both the on-board determine what monitors are supported configuration. In the inspection process, diagnostic check and I/M gas cap by the on-board diagnostic system, and vehicles that have been altered from evaporative system test (if applicable); the readiness evaluation for applicable their original certified configuration are * * * * * monitors in accordance with SAE J1979. to be tested in the same manner as other 8. Section 51.373 is amended by The procedure shall be done in subject vehicles with the exception of revising paragraph (g) to read as follows: accordance with SAE J1979 ‘‘E/E MY 1996 and newer, OBD-equipped Diagnostic Test Modes,’’ (DEC91). This vehicles on which the data link § 51.373 Implementation deadlines. incorporation by reference was connector has been altered in such a * * * * * approved by the Director of the Federal way as to make OBD system testing (g) On-Board Diagnostic checks shall Register in accordance with 5 U.S.C. impossible. Such vehicles shall be be implemented in all basic, low 552(a) and 1 CFR part 51. Copies of SAE rejected from further testing until they enhanced and high enhanced areas as J1979 may be obtained from the Society have been restored to a testable part of the I/M program by January 1, of Automotive Engineers, Inc., 400 condition. Once the cause for rejection 2002. Commonwealth Drive, Warrendale, PA has been corrected, the vehicle must 15096–0001. Copies may be inspected at return for testing to continue the testing PART 85ÐCONTROL OF AIR the EPA Docket No. A–94–21 at EPA’s process. Failure to return for testing POLLUTION FROM MOBILE SOURCES Air Docket (LE–131), Room 1500 M, 1st after rejection shall be considered non- 9. The authority citation for part 85 Floor, Waterside Mall, 401 M Street SW, compliance with the program, unless continues to read as follows: Washington, DC, or at the Office of the the motorist can prove that the vehicle Federal Register, 800 North Capitol has been sold, scrapped, or is otherwise Authority: 42 U.S.C. 7401–7671q. Street, NW., suite 700, Washington, DC. no longer in operation within the (1) Beginning January 1, 2002, if the Subpart WÐ[Amended] program area. readiness evaluation indicates that any * * * * * 10. Section 85.2207 is amended by on-board tests are not complete the 6. Section 51.358 is amended by removing and reserving paragraph (d) customer shall be instructed to return revising paragraph (a)(1) to read as and adding a new paragraph (f) to read after the vehicle has been run under follows: as follows: conditions that allow completion of all applicable on-board tests. If the § 51.358 Test equipment. § 85.2207 On-board diagnostics test readiness evaluation again indicates that * * * * * standards. any on-board test is not complete the (a) * * * * * * * * vehicle shall be failed. (1) Emission test equipment shall be (d) [Reserved] (2) An exception to paragraph (c)(1) of capable of testing all subject vehicles * * * * * this section is allowed for MY 1996 to and shall be updated from time to time (f) A vehicle shall fail the on-board MY 2000 vehicles, inclusive, with two to accommodate new technology diagnostics test if the malfunction or fewer unset readiness monitors, and vehicles as well as changes to the indicator light is commanded to be for MY 2001 and newer vehicles with program. In the case of OBD-based illuminated for one or more OBD no more than one unset readiness testing, the equipment used to access diagnostic trouble codes (DTCs), as monitor. Vehicles from those model the onboard computer shall be capable defined by SAE J2012. The procedure years which would otherwise pass the of testing all MY 1996 and newer, OBD- shall be done in accordance with SAE OBD inspection, but for the unset equipped light-duty vehicles and light- J2012 Diagnostic Trouble Code readiness code(s) in question may be duty trucks. Definitions, (MAR92). This issued a passing certificate without * * * * * incorporation by reference was being required to operate the vehicle in 7. Section 51.366 is amended by approved by the Director of the Federal such a way as to activate those revising paragraphs (a)(2)(xi), (a)(2)(xii), Register in accordance with 5 U.S.C. particular monitors. Vehicles from those
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 56856 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules model years with unset readiness codes ENVIRONMENTAL PROTECTION C Annex, 401 Church Street, Nashville, which also have diagnostic trouble AGENCY Tennessee 37243–1531. codes (DTCs) stored resulting in a lit FOR FURTHER INFORMATION CONTACT: malfunction indicator light (MIL) 40 CFR Parts 52 Kimberly Bingham of the EPA Region 4, should be failed, though setting the [TN±233±1±20021b; FRL±6872±3] Air Planning Branch at the above unset readiness flags in question shall address. Ms. Bingham can be reached at not be a prerequisite for passing the Approval and Promulgation of the (404) 562–9038 and retest. Implementation Plan for the Shelby [email protected]. (d) * * * County, Tennessee Lead SUPPLEMENTARY INFORMATION: For Nonattainment Area (1) If the malfunction indicator status additional information, see the direct bit indicates that the malfunction AGENCY: Environmental Protection final rule which is published in the indicator light (MIL) has been Agency (EPA). rule’s section of this Federal Register. commanded to be illuminated the test ACTION: Proposed rule. Dated: September 5, 2000. system shall send a Mode $03 request to Mike V. Peyton, determine the stored diagnostic trouble SUMMARY: The Environmental Protection Acting Regional Administrator, Region 4. codes (DTCs). The system shall repeat Agency (EPA) proposes to approve the [FR Doc. 00–24043 Filed 9–19–00; 8:45 am] lead state implementation plan (SIP) for this cycle until the number of codes BILLING CODE 6560±50±P reported equals the number expected the Shelby County, Tennessee lead nonattainment area. The Memphis and based on the Mode 1 response. All DTCs Shelby County Health Department resulting in MIL illumination shall be ENVIRONMENTAL PROTECTION through the Tennessee Department of AGENCY recorded in the vehicle test record and Environment and Conservation the vehicle shall fail the on-board submitted the lead SIP on March 17, 40 CFR Part 52 diagnostic inspection. 2000, pursuant to sections 110(a)(2) and (2) If the malfunction indicator light 172(c) of the Clean Air Act (CAA). In the [AL±051±200026(b); FRL±6872±5] bit is not commanded to be illuminated final rules section of this Federal the vehicle shall pass the on-board Register, the EPA is approving Approval and Promulgation of diagnostic inspection, even if DTCs are Tennessee’s SIP revision as a direct final Implementation Plans: Revisions to the present. rule without a prior proposal because Alabama Department of Environmental Management (ADEM) Administrative * * * * * the Agency views this as a noncontroversial revision amendment Code for the Air Pollution Control (4) If the malfunction indicator light and anticipates no adverse comments. A Program (MIL) does not illuminate at all when detailed rationale for the approval is set AGENCY: Environmental Protection the vehicle is in the key-on/engine-off forth in the direct final rule. If no Agency (EPA). (KOEO) condition, the vehicle shall fail adverse comments are received in the on-board diagnostic inspection, even response to the direct final rule, no ACTION: Proposed rule. if no DTCs are present and the MIL has further activity is contemplated in SUMMARY: The EPA is proposing not been commanded on. relation to this proposed rule. If EPA approval of revisions to the Alabama 12. Section 85.2223 is amended by receives adverse comments, the direct Department of Environmental revising paragraph (a) and removing and final rule will be withdrawn and all Management’s (ADEM) Administrative reserving paragraph (b) to read as public comments received will be Code submitted on January 10, 2000, by follows: addressed in a subsequent final rule the State of Alabama. The revisions based on this proposed rule. The EPA comply with the regulations set forth in § 85.2223 On-board diagnostic test report. will not institute a second comment the Clean Air Act (CAA). Included in period on this document. Any parties (a) Motorists whose vehicles fail the this document are revisions to Chapter interested in commenting on this 335–3–14—Air Permits. ADEM is on-board diagnostic test described in document should do so at this time. § 85.2222 shall be provided with the on- revising this rule to delete outdated DATES: To be considered, comments board diagnostic test results, including accommodative state implementation must be received by October 20, 2000. the codes retrieved, the name of the plan (SIP) rules. In the Final Rules component or system associated with ADDRESSES: Written comments should section of this Federal Register, the EPA each fault code, the status of the MIL be addressed to Kimberly Bingham, at is approving the State’s SIP revision as the EPA Regional Office listed below. a direct final rule without prior proposal illumination command, and the The interested persons wanting to because the Agency views this as a customer alert statement as stated in examine these documents should make noncontroversial submittal and paragraph (c) of this section. an appointment with the appropriate anticipates no adverse comments. A (b) [Reserved] office at least 24 hours before the detailed rationale for the approval is set * * * * * visiting day. Copies of the documents forth in the direct final rule. If no relative to this action are available for adverse comments are received in § 85.2231 {Removed] public inspection during normal response to this action, no further 13. Section 85.2231 is amended by business hours at the following activity is contemplated. If EPA receives removing and reserving paragraph (d). locations. U.S. Environmental adverse comments, the direct final rule Protection Agency, Region 4, Sam Nunn will be withdrawn and all public [FR Doc. 00–24048 Filed 9–19–00; 8:45 am] Atlanta Federal Center, Air, Pesticides, comments received will be addressed in BILLING CODE 6560±50±P and Toxics Management Division, Air a subsequent final rule based on this Planning Branch, 61 Forsyth Street, proposed rule. The EPA will not Atlanta, 30303–3104. Tennessee Air institute a second comment period on Pollution Control Board, 9th Floor, L & this document. Any parties interested in
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56857 commenting on this document should Mexico border, and therefore, the FEDERAL COMMUNICATIONS do so at this time. Commission must obtain concurrence of COMMISSION DATES: Written comments must be the Mexican government to this received on or before October 20, 2000. proposal. 47 CFR Part 73 ADDRESSES: Written comments should DATES: Comments must be filed on or be addressed to Kimberly Bingham, at [DA No. 00±2058; MM Docket No. 00±27; before October 30, 2000, and reply the EPA Regional Office listed below. RM±9820, RM±9875 & RM±9876] comments on or before November 14, The interested persons wanting to Radio Broadcasting Services; Valley examine these documents should make 2000. Mills, Gorman, Hico and Walnut an appointment with the appropriate ADDRESSES: Secretary, Federal Springs, TX office at least 24 hours before the Communications Commission, visiting day. Copies of the documents Washington, DC 20554. In addition to AGENCY: Federal Communications relative to this action are available for filing comments with the FCC, Commission. public inspection during normal interested parties should serve the business hours at the following ACTION: petitioner’s counsel, as follows: A. Wray Proposed rule; dismissal. locations. Fitch III, Esq., Gammon & Grange, P.C., Air and Radiation Docket and SUMMARY: 8280 Greensboro Drive, 7th Floor, Valley Mills Radio Information Center (Air Docket 6102), Broadcasting Company proposed the McLean, VA 22101–3807. U.S. Environmental Protection Agency, allotment of Channel 237C2 at Valley 401 M Street, SW., Washington, DC FOR FURTHER INFORMATION CONTACT: Mills, Texas. See 65 FR 11537, March 3, 20460. Nancy Joyner, Mass Media Bureau, (202) 2000. Counterproposals were filed by U.S. Environmental Protection 418–2180. Valley Mills Radio Broadcasting Agency, Region 4, Atlanta Federal Company requesting the allotment of SUPPLEMENTARY INFORMATION: Center, Air, Pesticides, and Toxics This is a Channel 237C2 at Hico, TX and by Management Division, 61 Forsyth synopsis of the Commission’s Notice of Gorman Community Broadcasting Street, Atlanta, Georgia 30303–3104. Proposed Rule Making, MM Docket No. Company requesting the allotment of FOR FURTHER INFORMATION CONTACT: 00–166, adopted August 30, 2000, and Channel 238C3 at Gorman, TX and Kimberly Bingham of the EPA Region 4, released September 8, 2000. The full Channel 237A at Walnut Springs, TX. Air Planning Branch at (404) 562–9038 text of this Commission decision is On June 14, 2000, a Joint Motion to and at the above address. available for inspection and copying Dismiss was filed by Valley Mills Radio SUPPLEMENTARY INFORMATION: For during normal business hours in the Broadcasting Company and Gorman additional information see the direct FCC’s Reference Information Center Community Broadcasting Company. final rule which is published in the (Room CY–A257), 445 Twelfth Street, Therefore, the petition and Final Rules section of this Federal SW., Washington, DC. The complete counterproposals have been dismissed, Register. text of this decision may also be as requested, with no action taken with purchased from the Commission’s copy regard to allotments at Valley Mills, Dated: September 5, 2000. contractor, International Transcription Hico, Gorman and Walnut Springs, TX. Mike V. Peyton, Service, Inc., 1231 20th Street, NW., ADDRESSES: Federal Communications Acting Regional Administrator, Region 4. Washington, DC 20036, (202) 857–3800. [FR Doc. 00–24041 Filed 9–19–00; 8:45 am] Commission, Washington, D.C. 20554. Provisions of the Regulatory BILLING CODE 6560±50±P FOR FURTHER INFORMATION CONTACT: Flexibility Act of 1980 do not apply to Kathleen Scheuerle, Mass Media this proceeding. Bureau, (202) 418–2180. FEDERAL COMMUNICATIONS Members of the public should note SUPPLEMENTARY INFORMATION: This is a COMMISSION that from the time a Notice of Proposed Rule Making is issued until the matter summary of the Commission’s Report and Order, MM Docket No. 00–27, 47 CFR Part 73 is no longer subject to Commission adopted August 30, 2000, and released consideration or court review, all ex [DA 00±2069; MM Docket No. 00±166; RM± September 8, 2000. The full text of this 9951] parte contacts are prohibited in Commission decision is available for Commission proceedings, such as this inspection and copying during normal Radio Broadcasting Services; one, which involve channel allotments. business hours in the Commission’s Wickenburg, AZ See 47 CFR 1.1204(b) for rules Reference Center, 445 12th Street, SW., governing permissible ex parte contacts. AGENCY: Federal Communications Washington, DC. Commission. For information regarding proper The complete text of this decision ACTION: Proposed rule. filing procedures for comments, See 47 may also be purchased from the CFR 1.415 and 1.420. Commission’s copy contractors, SUMMARY: This document requests Federal Commuications Commission. International Transcription Services, comments on a petition for rule making John A. Karousos, Inc., 1231 20th Street, NW., filed on behalf of Wickenburg Washington, DC. 20036, (202) 857–3800, Broadcasting, requesting the allotment Chief, Allocations Branch, Policy and Rules facsimile (202) 857–3805. of Channel 242C3 to Wickenburg, Division, Mass Media Bureau. Arizona, as that community’s third local [FR Doc. 00–24073 Filed 9–19–00; 8:45 am] Federal Communications Commission. FM transmission service. Coordinates BILLING CODE 6712±01±P John A. Karousos, used for this proposal are 34–01–01 NL Chief, Allocations Branch, Policy and Rules and 112–41–46 WL. Additionally, Division, Mass Media Bureau. Wickenburg, Arizona, is located within [FR Doc. 00–24072 Filed 9–19–00; 8:45 am] 320 kilometers (199 miles) of the BILLING CODE 6712±01±P
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FEDERAL COMMUNICATIONS 279C3, Royston, GA, seeking the Commission proceedings, such as this COMMISSION reallotment of Channel 279C3 from one, which involve channel allotments. Royston to Arcade, GA, as the See 47 CFR 1.1204(b) for rules 47 CFR Part 73 community’s first local aural service, governing permissible ex parte contacts. For information regarding proper [DA 00±2067; MM Docket No. 00±94; RM± and modification of Station 9883] WPUP(FM)’s license accordingly. filing procedures for comments, see 47 Petitioner is requested to provide CFR 1.415 and 1.420. Radio Broadcasting Services; Almont, further information concerning the Federal Communications Commission. ND status of Arcade as a community for John A. Karousos, allotment purposes and the areas and Chief, Allocations Branch, Policy and Rules AGENCY: Federal Communications populations which will gain and lose Commission. Division, Mass Media Bureau. service if the reallotment is granted. [FR Doc. 00–24068 Filed 9–19–00; 8:45 am] ACTION: Proposed rule, dismissal. Channel 279C3 can be allotted to BILLING CODE 6712±01±P Arcade in compliance with the SUMMARY: The Commission dismisses Commission’s minimum distance the request of Morton County Radio to separation requirements with a site DEPARTMENT OF DEFENSE allot Channel 294A to Almont, ND, as restriction of 21 kilometers (13 miles) its first local aural service. See 65 FR north, at coordinates 34–15–09 NL; 83– 48 CFR Part 213 3639, June 8, 2000. Neither the 28–28 WL, to avoid a short-spacing to petitioner nor any other party filed Stations WVEE, Channel 277C, Atlanta, [DFARS Case 2000±D019] comments expressing an intention to GA, WVKX, Channel 279A, Irwinton, Defense Federal Acquisition file for the channel, if allotted. GA, and WDDK, Channel 280A, Regulation Supplement; Overseas Use ADDRESSES: Federal Communications Greensboro, GA, as well as to of the Purchase Card in Contingency, Commission, Washington, D.C. 20554. accommodate petitioner’s desired Humanitarian, or Peacekeeping FOR FURTHER INFORMATION CONTACT: transmitter site. Operations Leslie K. Shapiro, Mass Media Bureau, DATES: Comments must be filed on or (202) 418–2180. before October 30, 2000, and reply AGENCY: Department of Defense (DoD). SUPPLEMENTARY INFORMATION: This is a comments on or before November 14, ACTION: Proposed rule with request for synopsis of the Commission’s Report 2000. comments. and Order, MM Docket No. 00–94, ADDRESSES: Federal Communications SUMMARY: adopted August 30, 2000, and released The Director of Defense Commission, 445 12th Street, S.W., Procurement is proposing to amend the September 8, 2000. The full text of this Room TW–A325, Washington, DC Commission decision is available for Defense Federal Acquisition Regulation 20554. In addition to filing comments Supplement (DFARS) to permit inspection and copying during normal with the FCC, interested parties should business hours in the FCC Reference contracting officers supporting a serve the petitioner, or its counsel or contingency, humanitarian, or Center (Room 239), 445 12th Street, consultant, as follows: Gary S. SW., Washington, DC. The complete peacekeeping operation to use the Smithwick, Smithwick & Belendiuk, Governmentwide commercial purchase text of this decision may also be P.C., 1990 M Street, NW., Suite 510, purchased from the Commission’s copy card on a stand-alone basis for Washington, DC 20036 (Counsel to purchases valued at or below the contractor, International Transcription petitioner). Services, Inc., (202) 857–3800, 1231 simplified acquisition threshold. Use of 20th Street, NW, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: the purchase card streamlines Leslie K. Shapiro, Mass Media Bureau, purchasing and payment procedures Federal Communications Commission. (202) 418–2180. and, therefore, increases operational John A. Karousos, SUPPLEMENTARY INFORMATION: This is a efficiency. Chief, Allocations Branch, Policy and Rules synopsis of the Commission’s Notice of DATES: Comments on the proposed rule Division, Mass Media Bureau. Proposed Rule Making, MM Docket No. should be submitted in writing to the [FR Doc. 00–24070 Filed 9–19–00; 8:45 am] 00–165, adopted August 30, 2000, and address shown below on or before BILLING CODE 6712±01±P released September 8, 2000. The full November 20, 2000, to be considered in text of this Commission decision is the formation of the final rule. FEDERAL COMMUNICATIONS available for inspection and copying ADDRESSES: Interested parties should COMMISSION during normal business hours in the submit written comments on the FCC Reference Center, 445 12th Street, proposed rule to: Defense Acquisition 47 CFR Part 73 SW., Washington, DC. The complete Regulations Council, Attn: Ms. Susan L. text of this decision may also be Schneider, OUSD (AT&L) DP (DAR), [DA 00±2068, MM Docket No. 00±165, RM± purchased from the Commission’s copy IMD 3D139, 3062 Defense Pentagon, 9941] contractor, International Transcription Washington, DC 20301–3062. Telefax Radio Broadcasting Services; Royston Services, Inc., (202) 857–3800, 1231 (703) 602–0350. E-mail comments submitted via the and Arcade, GA 20th Street, NW, Washington, DC 20036. Provisions of the Regulatory Internet should be addressed to: AGENCY: Federal Communications Flexibility Act of 1980 do not apply to [email protected]. Commission. this proceeding. Please cite DFARS Case 2000–D019 in ACTION: Proposed rule. Members of the public should note all correspondence related to this that from the time a Notice of Proposed proposed rule. E-mail correspondence SUMMARY: The Commission requests Rule Making is issued until the matter should cite DFARS Case 2000–D019 in comments on a petition filed by is no longer subject to Commission the subject line. Southern Broadcasting of Athens, Inc., consideration or court review, all ex FOR FURTHER INFORMATION CONTACT: Ms. licensee of Station WPUP(FM), Channel parte contacts are prohibited in Susan Schneider, (703) 602–0326.
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SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Part 213 submitted by e-mail to: [email protected]. A. Background Government procurement. FOR FURTHER INFORMATION CONTACT: This rule proposes to amend the Michele P. Peterson, James H. Dolvin, Code HK, (202) 358– policy at DFARS 213.301 to permit Executive Editor, Defense Acquisition 1279, [email protected]. Regulations Council. contracting officers supporting a SUPPLEMENTARY INFORMATION: contingency operation, as defined in 10 Therefore, DoD proposes to amend 48 A. Background U.S.C. 101(a)(13), or a humanitarian or CFR Part 213 as follows: peacekeeping operation, as defined in 1. The authority citation for 48 CFR The Defense Priorities and 10 U.S.C. 2302(8), to use the Part 213 continues to read as follows: Allocations System is a Department of Governmentwide commercial purchase Authority: 41 U.S.C. 421 and 48 CFR Commerce program which supports card on a stand-alone basis for Chapter 1. certain authorized national defense purchases valued at or below the programs by requiring that contractors PART 213ÐSIMPLIFIED ACQUISITION simplified acquisition threshold. In give priority treatment to contracts PROCEDURES accordance with FAR 2.101, the which have priority ratings. NFS simplified acquisition threshold for 2. Section 213.301 is amended by Subpart 1811.6 currently requires that contingency, humanitarian, or adding paragraph (3) to read as follows: most NASA contractual actions receive peacekeeping operations is $200,000. a priority rating under the Defense 213.301 Governmentwide commercial Priorities and Allocations System Use of the purchase card at the purchase card. (DPAS) regulation (15 CFR 700). The $200,000 threshold would be subject to * * * * * present NFS requirement is being the existing conditions at DFARS (3) A contracting officer supporting a changed to provide that NASA 213.301 and the following additional contingency operation as defined in 10 acquisition actions will be rated only if conditions: (1) The supplies or services U.S.C. 101(a)(13) or a humanitarian or they are in one of the categories in must be immediately available; and (2) peacekeeping operation as defined in 10 DPAS Schedule L. Only one delivery and one payment will U.S.C. 2302(8) also may use the B. Regulatory Flexibility Act be made. These additional conditions Governmentwide commercial purchase are similar to those placed on card to make a purchase that exceeds NASA certifies that this proposed rule contingency contracting officers using the micro-purchase threshold but does will not have a significant economic the Standard Form 44, Purchase Order- not exceed the simplified acquisition impact on a substantial number of small Invoice-Voucher, in accordance with threshold, if— business entities within the meaning of FAR 13.306 and DFARS 213.306. (i) The supplies or services being the Regulatory Flexibility Act (5 USC This rule was not subject to Office of purchased are immediately available; 601, et seq.), because it does not impose Management and Budget review under (ii) One delivery and one payment any new requirements on offerors or Executive Order 12866, dated will be made; and contractors. September 30, 1993. (iii) The requirements of paragraphs C. Paperwork Reduction Act (2)(i) and (ii) of this section are met. B. Regulatory Flexibility Act The Paperwork Reduction Act does [FR Doc. 00–24140 Filed 9–19–00; 8:45 am] not apply because the changes to the The proposed rule is not expected to BILLING CODE 5000±04±M NFS do not impose any recordkeeping have a significant economic impact on or information collection requirements, a substantial number of small entities or collection of information from within the meaning of the Regulatory NATIONAL AERONAUTICS AND offerors, contractors, or members of the Flexibility Act, 5 U.S.C. 601, et seq., SPACE ADMINISTRATION public that require the approval of the because the rule applies only to Office of Management and Budget under purchases that are made outside the 48 CFR Part 1811 44 USC 3501, et seq. United States for use outside the United Priorities and Allocations States in support of contingency, List of Subjects in 48 CFR Part 1811 humanitarian, or peacekeeping AGENCY: National Aeronautics and Government procurement. operations. Therefore, DoD has not Space Administration (NASA) Tom Luedtke, performed an initial regulatory ACTION: Proposed Rule. Associate Administrator for Procurement. flexibility analysis. DoD invites Accordingly, 48 CFR Part 1811 is SUMMARY: comments from small businesses and This is a proposed rule proposed to be amended as follows: other interested parties. DoD also will amending the NASA FAR Supplement 1. The authority citation for 48 CFR consider comments from small entities (NFS) to specify that use of a priority part 1811 continues to read as follows: concerning the affected DFARS subpart rating under the Defense Priorities and in accordance with 5 U.S.C. 610. Such Allocations System (DPAS) regulation is Authority: 42 U.S.C. 2473(c)(1). comments should be submitted not required unless the acquisition is in PART 1811ÐDESCRIBING AGENCY separately and should cite DFARS Case one of the Schedule L categories of the NEEDS 2000–D019. DPAS. DATES: 2. Subpart 1811.6 is revised to read as C. Paperwork Reduction Act Comments should be submitted on or before November 20, 2000. follows: The Paperwork Reduction Act does ADDRESSES: Interested parties should Subpart 1811.6 ÐPriorities and not apply because the rule does not submit written comments to James H. Allocations impose any information collection Dolvin, NASA Headquarters, Office of requirements that require the approval Procurement, Contract Management 1811.603 Procedures. of the Office of Management and Budget Division (Code HK), Washington, DC (e)(i) Priority ratings are assigned on under 44 U.S.C. 3501, et seq. 20546. Comments may also be individual contracts and purchase
VerDate 112000 16:44 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm08 PsN: 20SEP1 56860 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules orders by the contracting officer. The DEPARTMENT OF COMMERCE language used in this proposed rule to following priority ratings may be used the Regional Administrator, Alaska on NASA contracts and purchase orders National Oceanic and Atmospheric Region, P.O. Box 21668, Juneau, AK for equipment and services that support Administration 99802. authorized programs (see Schedule L of FOR FURTHER INFORMATION CONTACT: the DPAS): 50 CFR Part 679 Susan Salveson, 907-586-7228. A1—Aircraft [Docket No. 000905252-0252-01; SUPPLEMENTARY INFORMATION: NMFS I.D.080700D] A2—Missiles manages the domestic groundfish RIN 0648-AN98 fisheries in the exclusive economic zone A3—Ships off Alaska pursuant to the Alaska A5—Weapons Fisheries of the Exclusive Economic groundfish FMPs. The North Pacific A6—Ammunition Zone Off Alaska; Prohibited Species Fishery Management Council (Council) A7—Electronic and Communications Donation Program prepared the FMPs, and NMFS Equipment approved them, in accordance with the AGENCY: National Marine Fisheries Magnuson-Stevens Fishery B1—Military Building Supplies Service (NMFS), National Oceanic and Conservation and Management Act B8—Production Equipment (For Atmospheric Administration (NOAA), (Magnuson-Stevens Act). Regulations Contractor’s Account) Commerce. governing the Alaska groundfish B9—Production Equipment ACTION: Proposed rule; request for fisheries appear at 50 CFR parts 600 and (Government-Owned) comments. 679. Fishing for Pacific halibut in waters C2—Construction SUMMARY: NMFS is proposing to in and off Alaska is governed by the Convention between the United States C3—Maintenance, Repair, and permanently extend the temporary and Canada for the Preservation of the Operating Supplies for Facilities regulations that establish and govern the Halibut Fishery of the North Pacific C9—Miscellaneous/Other voluntary Pacific halibut donation program. Under this program, Pacific Ocean and Bering Sea and by (ii) Priority ratings will not be issued halibut that is taken incidentally in regulations adopted by the International for the following: groundfish trawl fisheries off Alaska Pacific Halibut Commission (IPHC) and (A) Items ordered or requisitioned may be donated for consumption by approved by the Secretary of State of the from the GSA Federal Supply Service. economically disadvantaged individuals United States pursuant to section 4 of the Northern Pacific Halibut Act (16 (B) Items for plant improvement, rather than discarded, as normally required. This action is necessary to U.S.C. 773-773k). Regulations of the expansion, or construction, unless they IPHC are published as annual will be physically incorporated into a promote the goals and objectives of the Fishery Management Plan for the management measures in the Federal construction project covered by a rated Register each year pursuant to order, or unless NASA has obtained Groundfish Fishery of the Bering Sea and Aleutian Islands Area and the regulations at 50 CFR 300.62. specific priority rating authority. The Prohibited Species Donation Fishery Management Plan for (C) Production or construction (PSD) program regulations at § 679.26 Groundfish of the Gulf of Alaska equipment or items to be used for the include provisions for the voluntary (FMPs). The intended effect of this manufacture of production equipment, donation of halibut taken as bycatch in action is to reduce the amount of unless NASA has obtained specific the groundfish trawl fisheries that are regulatory discards in the groundfish priority rating authority. delivered dead by trawl catcher vessels fisheries. (D) Items falling under the to shoreside processors for distribution DATES: jurisdiction of agencies other than Comments must be received by by tax-exempt organizations for NASA’s Delegate Agency. These are: October 5, 2000. consumption by economically petroleum, gas, solid fuel, electric ADDRESSES: Send comments to Susan disadvantaged individuals. power, and all other forms of energy; Salveson, Assistant Administrator for The groundfish trawl vessels are not food; civil transportation and the Sustainable Fisheries, NMFS, Alaska allocated any directed fishery quota for movement of persons and property by Region, P.O. Box 21668, Juneau, AK halibut and must discard all halibut. all modes; minerals; water; housing 99802, Attn: Lori Gravel, or delivered to Many trawl vessels discard halibut at facilities; health facilities; radio- Federal Building, Fourth Floor, 709 sea; some portion of which is alive. isotopes, stable isotopes, source material West 9th Street, Juneau, AK, and However, many trawl vessels, for and special nuclear material produced marked Attn: Lori Gravel. Comments practical reasons, cannot sort their catch in Government-owned plants or will not be accepted if submitted via e- at sea and catch remains unsorted until facilities operated by or for the mail or the Internet. Copies of the draft it is offloaded at a shoreside processor. Department of Energy; communication Environmental Assessment/Regulatory Because of this process of shoreside services; copper raw materials; crushed Impact Review prepared for this action sorting, halibut are ‘landed’ dead. This stone; gravel; sand; scrap; slag; central may be obtained from the same address action would not affect the halibut steam heat; and waste paper. or by calling the Alaska Region, NMFS, resource because the groundfish at 907-586-7228. Send comments on fisheries are restricted by halibut (iii) NASA rated orders may only be collection-of-information requirements bycatch mortality limits that require assigned a DO rating, unless NASA has to NMFS, Alaska Region at the address closure of specified fisheries when a obtained a DX rating from the given here and to the Office of limit has been reached. In 1998 and Department of Defense. Information and Regulatory Affairs 1999, 21,196 lb (9,635 kg) and 6,190 lb (g) Installation requests for assistance (OIRA), Office of Management and (2,814 kg) of eviscerated halibut were shall be directed to the Headquarters Budget (OMB), Washington, DC 20503 donated through the PSD program, Office of Procurement (Code HK). (Attn: NOAA Desk Officer). Send respectively. NMFS estimates that the [FR Doc. 00–24178 Filed 9–19–00; 8:45 am] comment on any ambiguity or halibut donation program provided BILLING CODE 7510±01±P unnecessary complexity arising from the 65,000 meals to economically
VerDate 112000 09:19 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM pfrm01 PsN: 20SEP1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56861 disadvantaged individuals in the distributed to economically disadvantaged cause jeopardy or adverse modification western Washington Puget Sound area individuals through a network of non-profit to designated critical habitat. However, in 1998. No violations of the halibut organizations. Because the overall U.S. in an order dated January 25, 2000, the groundfish quotas and fishing patterns would donation regulations have been reported remain the same, no change is anticipated in District Court for the Western District of or observed. overall revenues that would accrue to small Washington concluded that NMFS must The halibut PSD program will expire businesses in the groundfish fishery. consult pursuant to section 7 of the ESA on December 31, 2000. The Council and Furthermore, because halibut bycatch is on the fishery management plans for the the IPHC supported the sunset provision unavoidable in the trawl fisheries, is fully groundfish fisheries of the BSAI and to allow management agencies to assess accounted for in quota setting in the directed GOA. Greenpeace v. NMFS, Civ. No. 98- the effectiveness of the halibut donation halibut fishery, and is otherwise discarded, 49ZZ (W.D. Wash.). Prior to the program, relative to the program’s the PSD program imposes no adverse impacts issuance of the Court’s order, NMFS had objectives, before the Council took on halibut fishing or on the resource. begun consultation to evaluate the The authorized distributor, Northwest action to extend the program beyond the Food Strategies, is now believed to provide cumulative effects of the BSAI and Gulf year 2000. the single most important source of protein of Alaska (GOA) groundfish fisheries At its June 2000 meeting, the Council for hunger relief in the United States, over a multi-year period on candidate requested NMFS to initiate rulemaking delivering nearly 14 million seafood meals to and listed species and critical habitat. to permanently extend the halibut hungry Americans since 1933. This non- NMFS is currently reviewing this donation program. The Council also profit organization is dominant in its field of ongoing consultation for compliance endorsed a recommendation by IPHC seafood distribution to hunger-relief agencies with the Court’s order and will continue staff to review the program every 3 years (1.8 million pounds in 1999), and as such, is consultation. NMFS has determined that not considered a small entity. Other non- and assess whether regulatory changes profit agencies that would be expected to this proposed rule, if implemented, should be pursued to respond to any apply in the future are likely to be small would not result in an irreversible or management or enforcement concerns entities. However, a limited number of these irretrievable commitment of resources that may arise in the future. This applications is anticipated because donated that would have the effect of foreclosing proposed rule would extend distributors attempt to equate the number of the formulation or implementation of permanently the existing halibut distributors to available vessel participants any reasonable or prudent alternative provisions of the PSD program. This and donated product. measures that may be necessary. action would make no other changes to The participating processors, Unisea, Inc., and Alyeska Seafoods, Inc., are not The area in which this proposed the existing PSD program. NMFS, the considered small entities because they are action is planned has been identified as Council, and the IPHC would conduct owned by corporations that employ greater essential fish habitat (EFH) for species periodic reviews of the program and the than 500 people, in all of their holdings, managed by the Council. No adverse regulations could be revised in the combined. Other processors that are likely to impacts to EFH are anticipated from this future, if necessary, to respond to new be authorized to process trawl-caught halibut action and, therefore, no consultation is concerns. for this program (predominantly in Dutch required. Harbor, Alaska) also are not considered small Notwithstanding any other provision Classification entities. This program would be totally of the law, no person is required to At this time, NMFS has not voluntary. NMFS anticipates that no processor that qualifies as a small entity respond to, nor shall any person be determined that this proposed would elect to participate in the voluntary subject to penalty for failure to comply regulatory amendment is consistent program if the costs of doing so imposed a with a collection of information, subject with the national standards of the significant adverse economic burden. to the requirements of the Paperwork Magnuson-Stevens Act and other The ability to donate trawl-caught halibut Reduction Act (PRA), unless that applicable laws. NMFS, in making that may indeed reduce costs to small entities collection of information displays a determination, will take into account (catcher vessels) because this program would currently valid OMB control number. eliminate the need for the catcher vessel to the views and comments received This proposed rule contains during the comment period. return halibut bycatch that is sorted shoreside to Federal waters for disposal. collection-of-information requirements The Chief Counsel for Regulation of This proposed regulatory amendment subject to the PRA. The collection of the Department of Commerce certified has been determined to be not this information has been approved by to the Chief Counsel for Advocacy of the significant for purposes of Executive the Office of Management and Budget Small Business Administration that this Order 12866. under OMB control number 0648-0316. proposed regulatory amendment, if Pursuant to section 7 of the Public reporting burden (per individual) adopted, would not have a significant Endangered Species Act (ESA), NMFS for these collections of information, economic impact on a substantial has completed a consultation on the including both salmon and halibut number of small entities as follows: effects of the groundfish fishery on donations, is estimated to average as This proposed regulatory amendment listed species. Reasonable and prudent follows: 40 hours every 3 years per would make permanent the halibut provisions of the Prohibited Species alternatives have been implemented to application and 40 hours per year for Donation (PSD) program and is identical to mitigate the adverse impacts of the completing a list of vessels and the existing program, which is scheduled to pollock fisheries on the western processors for a NMFS authorized end on December 31, 2000, and is in population of Steller sea lions and its distributor; 9 hours per year (0.1 hrs for accordance with the Fishery Management critical habitat (65 FR 3892, January 25, 90 processing days) for vessel and Plan for the Groundfish Fishery of the Bering 2000, and extended at 65 FR 36795, processor labeling and product tracking Sea/Aleutian Islands Area and the Fishery June 12, 2000). NMFS also completed documentation; and 15 minutes per year Management Plan for Groundfish of the Gulf consultations on the effects of the 2000 for vessels/processor documentation. of Alaska. The proposed regulatory Bering Sea and Aleutian Islands (BSAI) The estimated response times listed amendment would allow NMFS to continue to authorize distribution of halibut groundfish fisheries on listed species, include the time for reviewing incidentally caught in the Alaska groundfish and on critical habitat. These instructions, searching existing data trawl fisheries and delivered dead to consultations were completed December sources, gathering and maintaining the shoreside processors. Halibut voluntarily 23, 1999, and concluded that the data needed, and completing and donated under the PSD program would be proposed fisheries were not likely to reviewing the collection of information.
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Send comments regarding this burden Dated: September 14, 2000. § 679.26 Prohibited Species Donation estimate, or any other aspect of this data Penelope D. Dalton, Program (PSD). collection, including suggestions for Assistant Administrator for Fisheries, (a) * * * reducing the burden, to NMFS and OMB National Marine Fisheries Service. (1) * * * (see ADDRESSES). (2) Halibut delivered by catcher For the reasons set forth in the vessels using trawl gear to shoreside The President has directed Federal preamble, 50 CFR part 679 is proposed processors. agencies to use plain language when to be amended as follows: (b) * * * communicating with the public, through (3) * * * regulation or otherwise. Therefore, PART 679ÐFISHERIES OF THE (iv) Effective period. A PSD permit NMFS seeks public comment on any EXCLUSIVE ECONOMIC ZONE OFF issued for salmon or halibut remains in ambiguity or unnecessary complexity ALASKA effect for a 3-year period after the arising from the language used in this selection notice is published in the proposed rule (see ADDRESSES). 1. The authority citation for 50 CFR Federal Register unless suspended or part 679 continues to read as follows: List of Subjects in 50 CFR Part 679 revoked. A PSD permit issued to an Authority: 16 U.S.C. 773 et seq., 1801 et authorized distributor may be renewed Alaska, Fisheries, Recordkeeping and seq., and 3631 et seq. following the application procedures in this section. reporting requirements. 2. In § 679.26, the section heading, paragraphs (a)(2) and (b)(3)(iv) are * * * * * revised to read as follows: [FR Doc. 00–24184 Filed 9–19–00; 8:45 am] BILLING CODE 3510±22±S
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Notices Federal Register Vol. 65, No. 183
Wednesday, September 20, 2000
This section of the FEDERAL REGISTER comments that we receive by October authorization to ship the product for contains documents other than rules or 20, 2000. field testing. proposed rules that are applicable to the ADDRESSES: To determine whether to authorize public. Notices of hearings and investigations, Please send your comments and three copies to: Docket No. 00–084– shipment and grant approval for the committee meetings, agency decisions and field testing of the unlicensed product rulings, delegations of authority, filing of 1, Regulatory Analysis and petitions and applications and agency Development, PPD, APHIS, Suite 3C03, referenced in this notice, APHIS statements of organization and functions are 4700 River Road, Unit 118, Riverdale, conducted a risk analysis to assess the examples of documents appearing in this MD 20737–1238. potential effects of this product on the section. Please state that your comment refers safety of animals, public health, and the to Docket No. 00–084–1. environment. Based on the risk analysis, Copies of the draft environmental APHIS has prepared a draft DEPARTMENT OF AGRICULTURE assessment may be obtained by environmental assessment (EA) contacting the person listed under FOR concerning the field testing of the Animal and Plant Health Inspection following unlicensed veterinary Service FURTHER INFORMATION CONTACT. Please refer to the docket number, date, and biological product: [Docket No. 00±084±1] complete title of this notice when Requester: Fort Dodge Laboratories, requesting copies. A copy of the draft Inc. Availability of a Draft Environmental environmental assessment (as well as Product: Salmonella Typhimurium Assessment for Field Testing the risk analysis with confidential Vaccine, Live Culture. Salmonella Typhimurium Vaccine, Live business information removed) and any Field test locations: Georgia, South Culture comments that we receive on this Carolina, and Maryland. The above-mentioned vaccine is a AGENCY: Animal and Plant Health docket are available for public gene-deleted vaccine for use in chickens Inspection Service, USDA. inspection in our reading room. The as an aid in the reduction of ACTION: Notice. reading room is located in room 1141 of the South Building, 14th Street and colonization of the internal organs by SUMMARY: We are advising the public Independence Avenue SW., Salmonella typhimurium. Genetic that the Animal and Plant Health Washington, DC. Normal reading room alterations limit the ability of the Inspection Service has prepared a draft hours are 8 a.m. to 4:30 p.m., Monday vaccine bacteria to replicate in environmental assessment concerning through Friday, except holidays. To be vertebrate tissues. authorization to ship for the purpose of sure someone is there to help you, The draft EA has been prepared in field testing, and then to field test, an please call (202) 690–2817 before accordance with: (1) The National unlicensed live Salmonella coming. Environmental Policy Act of 1969 typhimurium vaccine for use in poultry. APHIS documents published in the (NEPA), as amended (42 U.S.C. 4321 et The environmental assessment, which is Federal Register, and related seq.), (2) regulations of the Council on based on a risk analysis prepared to information, including the names of Environmental Quality for assess the risks associated with the field organizations and individuals who have implementing the procedural provision testing of this vaccine, examines the commented on APHIS dockets, are of NEPA (40 CFR parts 1500–1508), (3) potential effects that field testing this available on the Internet at http:// USDA regulations implementing NEPA veterinary vaccine could have on the www.aphis.usda.gov/ppd/rad/ (7 CFR part 1b), and (4) APHIS’ NEPA quality of the human environment. webrepor.html. Implementing Procedures (7 CFR part Based on the risk analysis, we have 372). reached a preliminary determination FOR FURTHER INFORMATION CONTACT: Dr. Unless substantial environmental that field testing this veterinary vaccine Albert P. Morgan, Chief Staff Officer, issues are raised in response to this will not have a significant impact on the Operational Support Section, Center for notice, APHIS intends to issue a final quality of the human environment, and Veterinary Biologics, Licensing and EA and finding of no significant impact that an environmental impact statement Policy Development, VS, APHIS, USDA, (FONSI) and authorize shipment of the need not be prepared. We intend to 4700 River Road Unit 148, Riverdale, above product for the initiation of field authorize shipment of this vaccine for MD 20737–1231; (301) 734–8245. tests following the close of the comment field testing following the close of the SUPPLEMENTARY INFORMATION: Under the period for this notice. comment period for this notice unless Virus-Serum-Toxin Act (21 U.S.C. 151 Because the issues raised by field new substantial issues bearing on the et seq.), a veterinary biological product testing and by issuance of a license are effects of this action are brought to our must be shown to be pure, safe, potent, identical, APHIS has concluded that the attention. We also intend to issue a and efficacious before a veterinary EA that is generated for field testing veterinary biological product license for biological product license may be would also be applicable to the this vaccine, provided the field test data issued. A field test is generally proposed licensing action. Provided that support the conclusions of the necessary to satisfy prelicensing the field test data support the environmental assessment and the requirements for veterinary biological conclusions of the original EA and the issuance of a finding of no significant products. Prior to conducting a field test issuance of a FONSI, APHIS does not impact and the product meets all other on an unlicensed product, an applicant intend to issue a separate EA and FONSI requirements for licensure. must obtain approval from the Animal to support the issuance of the product DATES: We invite you to comment on and Plant Health Inspection Service license, and would determine that an this docket. We will consider all (APHIS), as well as obtain APHIS’ environmental impact statement need
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56864 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices not be prepared. APHIS intends to issue Development Act. Specifically, the DEPARTMENT OF AGRICULTURE a veterinary biological product license Agency uses the information to protect for this vaccine following completion of the Government’s financial interests by Forest Service the field test provided no adverse ensuring that the farming operations of impacts on the human environment are direct loan applicants and borrowers are Woronkofski Environmental Impact identified and provided the product properly assessed for short and long- Statement meets all other requirements for term financial feasibility. The AGENCY: Forest Service, USDA. licensure. information is needed by the Agency to ACTION: Notice of intent to prepare an Authority: 21 U.S.C. 151–159. assure that the recipients of direct loans Environmental Impact Statement. receive appropriate credit counseling Done in Washington, DC, this 14th day of and supervision to ensure the greatest SUMMARY: The Department of September 2000. chance for financial success. Agriculture, Forest Service, will prepare Bobby R. Acord, Estimate of Burden: Public reporting an Environmental Impact Statement Acting Administrator, Animal and Plant burden for this collection of information (EIS) to provide timber for the Tongass Health Inspection, Service. is estimated to average 2.26 hours per timber sale program. The proposed [FR Doc. 00–24137 Filed 9–19–00; 8:45 am] response. action is to harvest an estimated 5–15 BILLING CODE 3410±34±P Respondents: Individuals or million board feet (mmbf) of timber on households, businesses or other for an estimated 300–800 acres in one or profit and farms. more timber sales. A range of DEPARTMENT OF AGRICULTURE Estimated Number of Respondents: alternatives responsive to significant 77,210. issues will be developed and will Farm Service Agency Estimated Number of Responses per include a no-action alternative. A Request for Revision and Extension of Respondent: 1.03. Record of Decision will be prepared to Estimated Total Annual Burden on an Approved Information Collection disclose if and how the Forest Service Respondents: 180,441. has decided to provide harvest units, AGENCY: Farm Service Agency, USDA. Comments are sought on these roads, and associated timber harvesting ACTION: Notice and request for requirements including: (a) Whether the facilities. The proposed timber harvest comments. collection of information is necessary is located within Tongass Forest Plan for the proper performance of the Value Comparison Unit 461 on SUMMARY: In accordance with the functions of the agency, including Woronkofski Island, Alaska, Wrangell Paperwork Reduction Act of 1995, this whether the information will have Ranger District of the Tongass National notice announces the intent of the Farm practical utility; (b) the accuracy of the Forest. Service Agency (FSA) to request an agency’s estimate of burden including DATES: Comments concerning the scope extension of the Office of Management the validity of the methodology and of this project should be received by and Budget’s (OMB) approval of a assumptions used; (c) ways to enhance October 27, 2000. The Draft EIS is previously approved information the quality, utility, and clarity of the projected to be filed with the collection which supports FSA, Farm information to be collected; or (d) ways Environmental Protection Agency (EPA) Loan Programs (FLP) loan making and to minimize the burden of the collection in April 2001. The Final EIS is servicing applications. This renewal of information on those who are to anticipated by October 2001. does not involve any revisions to the respond, including the use of ADDRESSES: Please send written program regulations. appropriate automated, electronic, comments to Wrangell Ranger District; DATES: Comments on this notice must be mechanical or other technological Attn: Woronkofski EIS; P.O. Box 51, received on or before November 20, collections techniques or other form of Wrangell, AK 99929. information technology. 2000 to be assured of consideration. FOR FURTHER INFORMATION CONTACT: These comments should be sent to the FOR FURTHER INFORMATION CONTACT: Gail Randy Hojem, Acting District Ranger, or Desk Officer for Agriculture, Office of Wargo, Agriculture Management Dee Galla, IDT Leader, Wrangell Ranger Information and Regulatory Affairs, Specialist, USDA, FSA, Farm Loan District, Tongass National Forest, P.O. Office of Management and Budget, Programs, Program Development and Box 51, Wrangell, AK 99929 telephone Washington, D.C. 20503 and to Gail Economic Enhancement Division, 1400 (907) 874–2323. Wargo, USDA, FSA, Farm Loan Independence Avenue, SW., STOP Programs, Program Development and SUPPLEMENTARY INFORMATION: Public 0521, Washington, DC 20250–0521; Economic Enhancement Division, 1400 participation will be an integral telephone (202) 720–3647; electronic Independence Avenue, SW., STOP component of the study process and mail: [email protected]. 0521, Washington, DC 20250–0521. will be especially important at several SUPPLEMENTARY INFORMATION: Copies of the information collection points during the analysis. The first is Title: Management Advice to may be obtained from Gail Wargo at the during the scoping process. The Forest Individual Borrowers and Applicants above address. Comments regarding Service will be seeking information, OMB Control Number: 0560–0154 paperwork burden will be summarized comments, and assistance from Federal, Type of Request: Revision and and included in the request for OMB State, local agencies, individuals and Extension of an Approved Information approval of the information collection. organizations that may be interested in, Collection All comments will also become a matter or affected by, the proposed activities. Abstract: The information collected of public record. The scoping process will include: (1) under OMB Control Number 0560–0154 Identification of potential issues; (2) is necessary to provide proper farm Signed at Washington, D.C., on September identification of issues to be analyzed in assessments, credit counseling and 13, 2000. depth; and, (3) elimination of supervision to direct loan borrowers in Keith Kelly, insignificant issues or those which have accordance with the requirements of 7 Administrator, Farm Service Agency. been covered by a previous CFR part 1924 subpart B as authorized [FR Doc. 00–24131 Filed 9–19–00; 8:45 am] environmental review. Written scoping by the Consolidated Farm and Rural BILLING CODE 3410±05±P comments are being solicited through a
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56865 scoping package that will be sent to the addreses of those who comment, will be Dated: September 5, 2000. project mailing list and to those that considered part of the public record on Thomas Puchlerz, request the package. For the Forest this proposed action and will be Forest Supervisor. Service to best use the scoping input, available for public inspection. [FR Doc. 00–24079 Filed 9–19–00; 8:45 am] comments should be received by Comments submitted anonymously will BILLING CODE 3410±11±M October 27, 2000. be accepted and considered; however, Based on results of scoping and the those who submit anonymous resource capabilities within the project comments will not have standing to area, alternatives including a ‘‘no appeal the subsequent decision under DEPARTMENT OF COMMERCE action’’ alternative will be developed for 36 CFR Parts 215 or 217. Additionally, the Draft Environmental Impact pursuant to 7 CFR 1.27(d), any person Submission For OMB Review; Statement (Draft EIS). may request the agency to withhold a Comment Request The comment period on the draft submission from the public record by DOC has submitted to the Office of environmental impact statement will be showing how the Freedom of Management and Budget (OMB) for a minimum of 45 days from the date the Information Act (FOIA) permits such clearance the following proposal for Environmental Protection Agency confidentiality. Requesters should be collection of information under the publishes the notice of availability in aware that, under FOIA, confidentiality provisions of the Paperwork Reduction the Federal Register. may be granted in only very limited Act (44 U.S.C. chapter 35). The Forest Service believes it is circumstances, such as to protect trade important to give reviewers notice of Agency: U.S. Census Bureau. secrets. The Forest Service will inform Title: 2000 Panel of the Survey of several court rulings related to public the requester of the agency’s decision participation in the environmental Income and Program Participation, regarding the request for confidentiality, Wave 4 Topical Module. review process. First, reviewers of draft and where the request is denied, the environmental impact statements must Form Number(s): SIPP 2045(L), agency will return the submission and Director’s Letter, SIPP/CAPI Automated structure their participation in the notify the requester that the comments environmental review of the proposal so Instrument. may be resubmitted with or without that it is meaningful and alerts an Agency Approval Number: 0607– name and address within 7 days. agency to the reviewer’s position and 0865. Permits: Permits required for Type of Request: Revision of a contentions. Vermont Yankee Nuclear implementation include the following: Power Corp. v. NRDC, 435 U.S. 519, currently approved collection. 553, (1978). Environmental objections 1. U.S. Army Corp of Engineers Burden: 37,650. that could have been raised at the draft Number of Respondents: 26,250. —Approval of discharge of dredged or Avg. Hours Per Response: 30 minutes environmental impact statement stage fill material into the waters of the may be waived or dismissed by the per person. United States under Section 404 of the Needs and Uses: The Census Bureau courts. City of Angoon v. Hodel, 803 Clean Water Act; F.2nd 1016, 1022 (9th Cir. 1986) and conducts the Survey of Income and —Approval of the construction of Program Participation (SIPP) to collect Wisconsin Heritages, Inc. v. Harris, 490 structures or work in navigable waters F. Supp. 1334, 1338 (E.D. Wis. 1980). information concerning the distribution of the United States under Section 10 of of income received directly as money or Because of these court rulings, it is very the Rivers and Harbors Act of 1899; important that those interested in this indirectly as in-kind benefits. SIPP data proposed action participate by the close 2. Environmental Protection Agency are used by economic policymakers, the of the comment period so that —National Pollutant Discharge Congress, state and local governments, substantive comments and objections Elimination System (402) Permit; and Federal agencies that administer are made available to the Forest Service —Review Spill Prevention Control social welfare and transfer payment at a time when it can meaningfully and Countermeasure Plan; programs such as the Department of consider them and respond to them in Health and Human Services, the the final environmental impact 3. State of Alaska, Department of Department of Housing and Urban statement. Natural Resources Development, and the Department of To assist the Forest Service in —Tideland Permit and Lease or Agriculture. identifying and considering issues and Easement; The SIPP is a longitudinal survey, in concerns of the proposed action, that households in the panel are comments during scoping and 4. State of Alaska, Department of interviewed at 4-month intervals or comments on the draft environmental Environmental Conservation waves over the life of the panel. The impact statement should be as specific —Solid Waste Disposal Permit; duration of a panel is typically 3 to 4 as possible. It is also helpful if —Certification of Compliance with years. The length of the 2000 SIPP Panel comments refer to specific pages or Alaska Water Quality Standards (401 is subject to the approval of budget chapters of the draft statement. Certification). initiatives but is currently scheduled for Comments may also address the one year and will include three waves adequacy of the draft environmental Responsible Official of interviews. impact statement or the merits of the Thomas Puchlerz, Forest Supervisor, The survey is molded around a alternatives formulated and discussed in Tongass National Forest, Federal central core of labor force and income the statement. Reviewers may wish to Building, Ketchikan, Alaska 99901, is questions, health insurance questions, refer to the Council on Environmental the responsible official. The responsible and questions concerning government Quality Regulations for implementing official will consider the comments, program participation that remain fixed the procedural provisions of the response, disclosure of environmental throughout the life of the panel. The National Environmental Policy Act at 40 consequences, and applicable laws, core questions are asked in Wave 1 and CFR 1503.3 in addressing these points. regulations, and policies in making the are updated during subsequent Comments received in response to this decision and stating the rationale in the interviews. The core is supplemented solicitation, including names and Record of Decision. with additional questions or topical
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56866 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices modules designed to answer specific DATES: Written comments must be expedient and economical methods of needs. submitted on or before November 20, reporting the information. This request is for clearance of the 2000. III. Data topical modules for Wave 4. The core ADDRESSES: Direct all written comments questionnaire and topical modules for OMB Number: 0608–0012. to Madeleine Clayton, DOC Forms Waves 1, 2, and 3 were cleared Form Number: BE–29. Clearance Officer, Department of previously. The topical modules for Type of Review: Regular Submission. Commerce, Room 6086, 14th and Wave 4 are: Annual Income and Affected Public: Businesses or Other Constitution Avenue, NW, Washington, Retirement Accounts, Taxes, Work For-Profit Organizations. DC 20230 or via the Internet at Estimated Number of Respondents: Schedule, Child Care, and Children’s [email protected]... 160. Well-Being. Wave 4 interviews will be Estimated Time Per Response: 4 conducted from February 2001 through FOR FURTHER INFORMATION CONTACT: hours. May 2001. Additionally, a reinterview Requests for additional information or Estimated Total Annual Burden for quality control purposes will be copies of the information collection Hours: 640 hours. conducted with a small subsample of instrument and instructions should be Estimated Total Annual Cost: The respondents throughout the life of the directed to: Michael Mann, Chief, estimated annual cost to the Federal panel. Current Account Services Branch, Room Government is $33,000. The estimated Affected Public: Individuals and 8018, Bureau of Economic Analysis, annual cost to the public is $19,200 households. U.S. Department of Commerce, based on an estimated total annual Frequency: Every 4 months. Washington, DC 20230; phone: (202) burden hours and an estimated hourly Respondent’s Obligation: Voluntary. 606–9573; and fax: (202) 606–5314. cost of $30. Legal Authority: Title 13, United SUPPLEMENTARY INFORMATION: Respondent’s Obligation: Mandatory States Code, Section 182. Legal Authority: The International OMB Desk Officer: Susan Schechter, I. Abstract Investment and Trade in Services Act, (202) 395–5103. The Bureau of Economic Analysis is 22 U.S.C. 3101–3108. Copies of the above information responsible for the computation and IV. Request for Comments collection proposal can be obtained by publication of the U.S. balance of calling or writing Madeleine Clayton, payments accounts. The information Comments are invited on: (a) Whether DOC Forms Clearance Officer, (202) collected in this survey is an integral the continued collection of information 482–3272, Department of Commerce, part of the ‘‘transportation’’ portion of is necessary for the proper performance room 6086, 14th and Constitution the U.S. balance of payments accounts. of the functions of the agency, including Avenue, NW, Washington, DC 20230 (or The balance of payments accounts, whether the information shall have via the Internet at [email protected]). which are published quarterly in the practical utility; (b) the accuracy of the Written comments and Bureau’s monthly publication, the agency’s estimate of the burden recommendations for the proposed Survey of Current Business, are one of (including hours and cost) of the information collection should be sent the major statistical products of BEA. proposed collection of information; (c) within 30 days of publication of this The accounts provide a statistical ways to enhance the quality, utility, and notice to Susan Schechter, OMB Desk summary of U.S. international clarity of the information to be Officer, room 10201, New Executive transactions. They are used by collected; and (d) ways to minimize the Office Building, Washington, DC 20503. government and private organizations burden of the collection of information Dated: September 14, 2000. for national and international policy on respondents, including through the Madeleine Clayton, formulation, and analytical studies. use of automated collection techniques Departmental Forms Clearance Officer, Office Without the information collected in or other forms of information of the Chief Information Officer. this survey, an integral component of technology. [FR Doc. 00–24101 Filed 9–19–00; 8:45 am] the transportation account would be Comments submitted in response to BILLING CODE 3510±07±P omitted. No other Government agency this notice will be summarized and/or collects comprehensive annual data on included in the request for OMB foreign ocean carriers’ expenses in the approval of this information collection; DEPARTMENT OF COMMERCE United States. they also will become a matter of public The survey requests information from record. Bureau of Economic Analysis U.S. agents of foreign ocean carriers. Dated: September 15, 2000. Foreign Ocean Carriers' Expenses in Information is collected on an annual Madeleine Clayton, the United StatesÐBE±29 basis from U.S. agents that handle 40 or DOC Forms Clearance Officer, Office of Chief more port calls by foreign vessels or Information Officer. ACTION: Extension of a currently have annual total covered expenses FR Doc. 00–24170 Filed 9–19–00; 8:45 a.m.] approved collection; comment request. above $250,000. U.S. agents with less BILLING CODE EA±3510±06±P than 40 port calls or with annual total SUMMARY: The Department of covered expenses below $250,000 are Commerce, as part of its continuing exempt from reporting. DEPARTMENT OF COMMERCE effort to reduce paperwork and II. Method of Collection respondent burden, invites the general Bureau of Economic Analysis public and other Federal agencies to Mandatory reports are received from take this opportunity to comment on U.S. shipping agents who provide data Foreign Airline Operators' Revenues proposed and/or continuing information regarding the expenses of foreign ocean and Expenses in the United StatesÐ collections, as required by the carriers’ in the United States. BE±36 Paperwork Reduction Act of 1995, Submission of the completed report ACTION: Extension of a currently Public Law 104–13 (44 U.S.C. form, or computer printouts in the approved collection; comment request. 3506(c)(2)(A)). format of the report form, are the most
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SUMMARY: The Department of annual covered revenues and expenses DEPARTMENT OF COMMERCE Commerce, as part of its continuing below $500,000 are exempt from effort to reduce paperwork and reporting. Bureau of Economic Analysis respondent burden, invites the general II. Method of Collection public and other Federal agencies to Ocean Freight Revenues and take this opportunity to comment on Mandatory reports are received from Expenses of United States CarriersÐ proposed and/or continuing information foreign air carriers who provide data BE±30 U.S. Airline Operators' Foreign collections, as required by the regarding their revenues and expenses Revenues and ExpensesÐBE±37 Paperwork Reduction Act of 1995, in the United States. Submission of the ACTION: Extension of a currently Public Law 104–13 (44 U.S.C. completed report form, or computer approved collection; comment request. 3506(c)(2)(A)). printouts in the format of the report form, are the most expedient and DATES: Written comments must be SUMMARY: The Department of economical methods of reporting the Commerce, as part of its continuing submitted on or before November 20, information. 2000. effort to reduce paperwork and III. Data respondent burden, invites the general ADDRESSES: Direct all written comments public and other Federal agencies to to Madeleine Clayton, DOC Forms OMB Number: 0608–0013. Form Number: BE–36. take this opportunity to comment on Clearance Officer, Department of proposed and/or continuing information Commerce, Room 6086, 14th and Type of Review: Regular Submission. Affected Public: Businesses or Other collections, as required by the Constitution Avenue, NW, Washington, Paperwork Reduction Act of 1995, DC 20230 or via the Internet at For-Profit Organizations. Estimated Number of Respondents: Public Law 104–13 (44 U.S.C. [email protected]. 72. 3506(c)(2)(A)). FOR FURTHER INFORMATION CONTACT: Estimated Time Per Response: 5 DATES: Written comments must be Requests for additional information or hours. submitted on or before November 20, copies of the information collection Estimated Total Annual Burden 2000. instrument and instructions should be Hours: 360 hours. directed to: Michael Mann, Chief, Estimated Total Annual Cost: The ADDRESSES: Direct all written comments Current Account Services Branch, Room estimated annual cost to the Federal to Madeleine Clayton, Departmental 8018, Bureau of Economic Analysis, Government is $18,000. The estimated Forms Clearance Officer, Department of U.S. Department of Commerce, annual cost to the public is $10,800 Commerce, Room 6086, 14th and Washington, DC 20230; phone: (202) based on an estimated total annual Constitution Avenue, NW, Washington, 606-9573; and fax: (202) 606–5314. burden hours and an estimated hourly DC 20230 or via the Internet at [email protected]. SUPPLEMENTARY INFORMATION: cost of $30. Respondent’s Obligation: Mandatory. FOR FURTHER INFORMATION CONTACT: I. Abstract Legal Authority: The International Requests for additional information or The Bureau of Economic Analysis is Investment and Trade in Services Act, copies of the information collection responsible for the computation and 22 U.S.C. 3101–3108. instrument and instructions should be publication of the U.S. balance of IV. Request for Comments directed to: Michael Mann, Chief, payments accounts. The information Current Account Services Branch, Room Comments are invited on: (a) Whether collected in this survey is an integral 8018, Bureau of Economic Analysis, the continued collection of information part of the ‘‘transportation’’ portion of U.S. Department of Commerce, is necessary for the proper performance the U.S. balance of payments accounts. Washington, DC 20230; phone: (202) of the functions of the agency, including The balance of payments accounts, 606–9573; and fax: (202) 606–5314. whether the information shall have which are published quarterly in the practical utility; (b) the accuracy of the SUPPLEMENTARY INFORMATION: Bureau’s monthly publication, the agency’s estimate of the burden Survey of Current Business, are one of I. Abstract (including hours and cost) of the the major statistical products of BEA. The Bureau of Economic Analysis is proposed collection of information; (c) The accounts provide a statistical responsible for the computation and ways to enhance the quality, utility, and summary of U.S. international publication of the U.S. balance of clarity of the information to be transactions. They are used by payments accounts. The information collected; and (d) ways to minimize the government and private organizations collected in these surveys are an integral burden of the collection of information for national and international policy part of the ‘‘transportation’’ portion of on respondents, including through the formulation, and analytical studies. the U.S. balance of payments accounts. use of automated collection techniques Without the information collected in The balance of payments accounts, or other forms of information this survey, an integral component of which are published quarterly in the technology. the transportation account would be Comments submitted in response to Bureau’s monthly publication, the omitted. No other Government agency this notice will be summarized and/or Survey of Current Business, are one of collects comprehensive annual data on included in the request for OMB the major statistical products of BEA. foreign airline operators’ revenues and approval of this information collection; The accounts provide a statistical expenses in the United States. they also will become a matter of public summary of U.S. international The survey requests information from record. transactions. They are used by foreign air carriers operating in the government and private organizations United States. Information is collected Dated: September 15, 2000. for national and international policy on an annual basis from foreign air Madeleine Clayton, formulation, and analytical studies. carriers with total annual covered DOC Forms Clearance Officer, Office of Chief Without the information collected in revenues and total annual covered Information Officer. these surveys, an integral component of expenses incurred in the U.S., each over [FR Doc. 00–24171 Filed 9–19–00; 8:45 a.m.] the transportation account would be $500,000. Foreign air carriers with total BILLING CODE EA±3510±06 omitted. No other Government agency
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56868 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices collects comprehensive quarterly data public $23,400. For the survey of U.S. DEPARTMENT OF COMMERCE on U.S. ocean carriers’ freight revenues airline operators, the estimated annual and expenses or U.S. airline operators’ cost to the Federal Government is International Trade Administration foreign revenues and expenses. $18,000 and to the public $11,040. The These surveys request information estimated annual cost to the public is Antidumping or Countervailing Duty from U.S. ocean and air carriers engaged based on an estimated total annual Order, Finding, or Suspended in the international transportation of burden hours and an estimated hourly Investigation; Opportunity To Request goods and/or passengers. Information is cost of $30. Administrative Review collected on a quarterly basis from U.S. Respondent’s Obligation: Mandatory. ocean and air carriers with total annual Legal Authority: The International AGENCY: Import Administration, covered revenues and total annual Investment and Trade in Services Act, International Trade Administration, covered expenses, each over $500,000. 22 U.S.C. 3101–3108. Department of Commerce. U.S. ocean and air carriers with total annual covered revenues and expenses IV. Request for Comments ACTION: Notice of Opportunity to below $500,000 are exempt from Request Administrative Review of Comments are invited on: (a) Whether Antidumping or Countervailing Duty reporting. the continued collection of information Order, Finding, or Suspended is necessary for the proper performance II. Method of Collection Investigation. Mandatory reports are received from of the functions of the agency, including whether the information shall have U.S. ocean and air carriers who provide Background data regarding their revenues and practical utility; (b) the accuracy of the expenses resulting from international agency’s estimate of the burden Each year during the anniversary transportation. Submission of the (including hours and cost) of the month of the publication of an proposed collection of information; (c) completed report form, or computer antidumping or countervailing duty ways to enhance the quality, utility, and printouts in the format of the report order, finding, or suspension of form, are the most expedient and clarity of the information to be collected; and (d) ways to minimize the investigation, an interested party, as economical methods of reporting the defined in section 771(9) of the Tariff information. burden of the collection of information on respondents, including through the Act of 1930, as amended, may request, III. Data use of automated collection techniques in accordance with section 351.213 (1999) of the Department of Commerce OMB Number: 0608–0011. or other forms of information Form Number: BE–30/BE–37. technology. (the Department) Regulations, that the Type of Review: Regular Submission. Comments submitted in response to Department conduct an administrative Affected Public: Businesses or Other this notice will be summarized and/or review of that antidumping or For-Profit Organizations. included in the request for OMB countervailing duty order, finding, or Estimated Number of Respondents: approval of this information collection; suspended investigation. 39/23. they also will become a matter of public Opportunity To Request a Review: Not Estimated Time Per Response: 5 record. later than the last day of September hours/4 hours. Estimated Total Annual Burden Dated: September 15, 2000. 2000, interested parties may request Hours: 780 hours/368 hours. Madeleine Clayton, administrative review of the following Estimated Total Annual Cost: For the DOC Forms Clearance Officer, Office of Chief orders, findings, or suspended survey of U.S. ocean carriers, the Information Officer investigations, with anniversary dates in estimated annual cost to the Federal [FR Doc. 00–24172 Filed 9–19–00; 8:45 a.m.] September for the following periods: Government is $22,000 and to the BILLING CODE EA±3510±06
Period
Antidumping Duty Proceedings Argentina: Silicon Metal, A±357±804 ...... 9/1/99±8/31/00 Canada: Steel Jacks,* A±122±006 ...... 9/1/99±12/31/99 New Steel Rail, Except Light Rail, A±122±804 ...... 9/1/99±8/31/00 Germany: Large Newspaper Printing Presses and Components Thereof A±428±821 ...... 9/1/99±8/31/00 Italy: Stainless Steel Wire Rod, A±475±820 ...... 9/1/99±8/31/00 Japan: Flat Panel Displays, A±588±817 ...... 9/1/99±8/31/00 Large Newspaper Printing Presses and Components Thereof, A±588±837 ...... 9/1/99±8/31/00 Stainless Steel Wire Rod, A±588±843 ...... 9/1/99±8/31/00 Republic of Korea: Stainless Steel Wire Rod, A±580±829 ...... 9/1/99±8/31/00 Spain: Stainless Steel Wire Rod, A±469±807 ...... 9/1/99±8/31/00 Sweden: Stainless Steel Wire Rod, A±401±806 ...... 9/1/99±8/31/00 Taiwan: Chrome-Plated Lug Nuts,** A±583±810 ...... 9/1/99±8/31/00 Stainless Steel Wire Rod, A±583±828 ...... 9/1/99±8/31/00 The People's Republic of China: CDIW Fittings & Glands,* A±570±820 ...... 9/1/99±12/31/99 Freshwater Crawfish Tail Meat, A±570±848 ...... 9/1/99±8/31/00 Greige Polyester/Cotton Printcloth, A±570±101 ...... 9/1/99±8/31/00 Chrome-Plated Lug Nuts,** A±570±808 ...... 9/1/99±8/31/00
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Period
Countervailing Duty Proceedings Canada: New Steel Rail, Except Light Rail, C±122±805 ...... 1/1/99±12/31/99 Italy: Stainless Steel Wire Rod, C±475±821 ...... 1/1/99±12/31/99 Suspension Agreements Argentina: Carbon Steel Wire Rod, C±357±004 ...... 9/1/99±8/31/00 Peru: Cotton Shop Towels,* C±333±401 ...... 9/1/99±12/31/99 *Order revoked effective 01/01/2000, as a result of sunset review. **This order is currently undergoing a ``sunset'' review pursuant to section 751(c) of the Act. If subsequent to publication of this opportunity no- tice the order should be revoked pursuant to ``sunset,'' any review (if requested) or automatic liquidation instruction (if no review is requested) will only cover through the last day prior to the effective date of revocation.
In accordance with section 351.213(b) identified above, the Department will provides: (1) a maximum energy of the regulations, an interested party as instruct the Customs Service to assess resolution of 0.05%, (2) a hemispherical defined by section 771(9) of the Act may antidumping or countervailing duties on analyzer which permits introduction request in writing that the Secretary those entries at a rate equal to the cash and optimal placement of both a conduct an administrative review. For deposit of (or bond for) estimated wavelength and an energy dispersive x- both antidumping and countervailing antidumping or countervailing duties ray detector and (3) a 2-stage duty reviews, the interested party must required on those entries at the time of introduction pot capable to 8x10 11 Torr. specify for which individual producers entry, or withdrawal from warehouse, A domestic manufacturer of similar or exporters covered by an antidumping for consumption and to continue to equipment advised September 11, 2000 finding or an antidumping or collect the cash deposit previously that (1) these capabilities are pertinent countervailing duty order or suspension ordered. to the applicant’s intended purpose and agreement for which it is requesting a This notice is not required by statute (2) it knows of no domestic instrument review, and the requesting party must but is published as a service to the or apparatus of equivalent scientific state why it desires the Secretary to international trading community. value to the foreign instrument for the review those particular producers or Dated: September 14, 2000. applicant’s intended use. exporters. If the interested party intends We know of no other instrument or for the Secretary to review sales of Thomas F. Futtner, apparatus of equivalent scientific value merchandise by an exporter (or a Acting Deputy Assistant Secretary, Group II to the foreign instrument which is being producer if that producer also exports for Import Administration. manufactured in the United States. [FR Doc. 00–24186 Filed 9–19–00; 8:45 am] merchandise from other suppliers) Gerald A. Zerdy, which were produced in more than one BILLING CODE 3510±DS±P Program Manager, Statutory Import Programs country of origin and each country of Staff. origin is subject to a separate order, then the interested party must state DEPARTMENT OF COMMERCE [FR Doc. 00–24187 Filed 9–19–00; 8:45 am] BILLING CODE 3510±DS±P specifically, on an order-by-order basis, International Trade Administration which exporter(s) the request is intended to cover. National Institute of Standards and DEPARTMENT OF COMMERCE Six copies of the request should be Technology; Notice of Decision on submitted to the Assistant Secretary for Application for Duty-Free Entry of National Institute of Standards and Import Administration, International Scientific Instrument Technology Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street & This decision is made pursuant to Submission for OMB Review; Constitution Avenue, NW, Washington, Section 6(c) of the Educational, Comment Request DC 20230. The Department also asks Scientific, and Cultural Materials parties to serve a copy of their requests Importation Act of 1966 (Pub. L. 89– The Department of Commerce (DOC) to the Office of Antidumping/ 651, 80 Stat. 897; 15 CFR part 301). has submitted to the Office of Countervailing Enforcement, Attention: Related records can be viewed between Management and Budget (OMB) for Sheila Forbes, in room 3065 of the main 8:30 A.M. and 5:00 P.M. in Room 4211, clearance the following proposal for Commerce Building. Further, in U.S. Department of Commerce, 14th and collection of information under the accordance with section 351.303(f)(l)(i) Constitution Avenue, N.W., provisions of the Paperwork Reduction of the regulations, a copy of each Washington, D.C. Act (44 U.S.C. Chapter 35). Agency: National Institute of request must be served on every party Docket Number: 00–018. Applicant: National Institute of Standards and Standards and Technology (NIST). on the Department’s service list. Title: Advanced Technology Program The Department will publish in the Technology, Gaithersburg, MD 20899– (ATP). Federal Register a notice of ‘‘Initiation 8371. Instrument: Auger Microprobe, Agency Form Number: NIST–1262 of Administrative Review of Model JAMP–7830F. Manufacturer: and NIST–1263. Antidumping or Countervailing Duty JEOL Ltd., Japan. Intended Use: See OMB Approval Number: 0693–0009. Order, Finding, or Suspended notice at 65 FR 47404, August 2, 2000. Type of Request: Revision to an Investigation’’ for requests received by Comments: None received. Decision: existing collection of information. the last day of September 2000. If the Approved. No instrument of equivalent Burden Hours: 14,875. Department does not receive, by the last scientific value to the foreign Number of Respondents: 1,000. day of September 2000, a request for instrument, for such purposes as it is Average Hours Per Response: 30 review of entries covered by an order, intended to be used, is being hours for full proposals; 1 1⁄2 hours for finding, or suspended investigation manufactured in the United States. pre-proposals; and, 5 hours for listed in this notice and for the period Reasons: The foreign instrument monitoring reports.
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Needs and Uses: ATP is a competitive DATES: Any interested person may ask 6. In 1996, the Staff tested the cost-sharing program designed to assist the Commission not to accept this Sweaters and found that the Sweaters United States’ businesses pursue high- agreement or otherwise comment on its were classified as ‘‘Class 3’’ under the risk, enabling technologies with contents by filing a written request with Clothing Standard. These test results significant commercial/economic the Office of the Secretary by October 5, established that the sweaters were potential. The ATP provides multi-year 2000. dangerously flammable and unsuitable funding through the use of cooperative ADDRESSES: Persons wishing to for clothing because of their rapid and agreements to single companies and to comment on this Settlement Agreement intense burning. See 16 CFR industry-led joint ventures. In order to should send written comments to the 1610.3(a)(3). participate, proposals must be Comment 00–C0013, Office of the 7. In 1996, the staff requested that submitted addressing the ATP criteria. Secretary, Consumer Product Safety BCBG take corrective action. BCBG The information is used to perform the Commission, Washington, DC 20207. agreed to a voluntary recall of the technical and business reviews of the FOR FURTHER INFORMATION CONTACT: Seth Sweaters, and, on December 18, 1996, proposals to determine if an award B. Popkin, Trial Attorney, Office of the Staff announced a recall of the should be granted. Compliance and Enforcement, Sweaters. Affected Public: Businesses or other Consumer Product Safety Commission, 8. BCBG knowingly violated section for-profit organizations, not-for-profit Washington, DC 20207; telephone (301) 3(a) of the FFA, 15 U.S.C. 1192(a), and institutions, individuals. 504–0626, 1358. the Clothing Standard, by importing, Frequency: On occasion, yearly, distributing, selling, and offering for SUPPLEMENTAL INFORMATION: The test of quarterly, biennially, semi-annually. sale in commerce the Sweaters, as the the agreement and order appears below. Respondent’s Obligation: Required to term ‘‘knowingly’’ is defined in section obtain or retain a benefit. Dated: September 14, 2000. 5(e)(4) of the FFA, 15 U.S.C. 1194(e)(4). OMB Desk Officer: Kamela White Sadye E. Dunn, See also 16 CFR 1610.32(a). Pursuant to (202) 395–3630. Secretary. section 5(e)(1) of the FFA, 15 U.S.C. Copies of the above information 1194(e)(1), these violations subjected Consumer Product Safety Commission collection proposal can be obtained by BCBG to a civil penalty. calling or writing Madeleine Clayton, [CPSC Docket No. 00–C0013] DOC Forms Clearance Officer, (202) B. 1999 Violations of the Clothing 482–3129, Department of Commerce, In the Matter of AZ3, Inc., d/b/a BCBG Max Standard and the FFA Azria; Settlement Agreement and Order Room 6086, 14th and Constitution 9. After the recall, from 1997 to 1999, 1. This Settlement Agreement and Avenue, NW, Washington, DC 20230 (or the Staff contacted BCBG on a regular Order entered into between AZ3, Inc., via the Internet at [email protected]). basis to encourage BCBG to destroy, d/b/a BCBG Max Azria (‘‘BCBG’’), and Written comments and export, or recondition BCBG’s inventory the staff (‘‘Staff’’) of the United States recommendations for the proposed of the Sweaters so that the Sweaters Consumer Product Safety Commission information collection should be sent would not enter United States (‘‘Commission’’), in accordance with 16 within 30 days of publication of this commerce. The Staff warned BCBG of CFR 1118.20. notice to Kamela White, Room 10236, the dangers posed by the BCBG’s New Executive Office Building, 725 I. The Parties continued retention of the Sweaters. 17th Street, NW, Washington, DC 20503. 10. BCBG declined to destroy the 2. The Commission is an independent Dated: September 15, 2000. Sweaters and told the Staff that BCBG federal regulatory agency established Madeleine Clayton, was seeking foreign buyers for the pursuant to, and responsible for the Sweaters. Departmental Forms Clearance Officer, Office enforcement of, the Consumer Product of the Chief Information Officer. 11. From approximately July 1999 Safety ACt, 15 U.S.C. 2051–2084 through September 9, 1999, BCBG sold [FR Doc. 00–24169 Filed 9–19–00; 8:45 am] (‘‘CPSA’’). 185 of the Sweaters, and offered for sale BILLING CODE 3510±13±P 3. BCBG is a corporation organized a greater number, in the BCBG employee and existing under the laws of the state sales store. The persons shopping at this of California. Its principal offices are store included BCBG employees and CONSUMER PRODUCT SAFETY located at 2761 Fruitland Avenue, their families, friends, and guests, COMMISSION Vernon, California. BCBG is a clothing middlemen and buyers who may resell manufacturer and retailer. [CPSC Docket No. 00±C0013] their purchases at another store, and II. Staff Allegations other members of the public. AZ3, Inc., d/b/a/ BCBG Max Azria, 12. By offering these violative Provisional Acceptance of a A. 1996 Violations of the Clothing Sweaters for sale in United States Settlement Agreement and Order Standard and the FFA commerce, and by selling them, BCBG AGENCY: Consumer Product Safety 4. From August through December knowingly violated section 3(a) of the Commission. 1996, BCBG imported 3,198 two- FFA, 15 U.S.C. 1192(a), and the ACTION: Notice. textured chenille sweaters, and Clothing Standard, as the term distributed, sold, and offered for sale in ‘‘knowingly’’ is defined in section SUMMARY: It is the policy of the the United Sates 3,089 of those 5(e)(4) of the FFA, 15 U.S.C. 1194(e)(4). Commission to publish settlements imported sweaters (collectively See also 16 CFR 1610.32(a). Pursuant to which it provisionally accepts under the ‘‘Sweaters‘‘). section 5(e)(1) of the FFA, 15 U.S.C. Consumer Product Safety Act in the 5. The Sweaters were subject to the 1194(e)(1), these violations subjected Federal Register in accordance with the Standard for the Flammability of BCBG to a civil penalty. terms of 16 C.F.R. 1118.20(e). Published Clothing Textiles, 16 CFR 1610 below is a provisionally-accepted (‘‘Clothing Standard’’) issued under the C. 1999 CPSA Violations Settlement Agreement with AZ3, Inc., Flammable Fabrics Act, 15 U.S.C. 1191– 13. Each of the Sweaters is a d/b/a BCBG Max Azria, containing a 1204 (‘‘FFA’’), and, specifically, under ‘‘consumer product,’’ and BCBG is a civil penalty of $75,000. section 4 of the FFA, 15 U.S.C. 1193. ‘‘manufacturer’’ and ‘‘retailer’’ of a
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This Settlement Agreement may of a consumer product distributed in allegations and does not constitute an be used in interpreting the Order. commerce, who obtains information admission by BCBG that the law has Agreements, understandings, which reasonably supports the been violated or of anything contained representations, or interpretations made conclusion that such product creates an in paragraphs 4–18. outside of this Settlement Agreement unreasonable risk of serious injury or 24. In settlement of this matter, BCBG and Order may not be used to vary or death, to immediately inform the shall pay to the Commission a civil contradict its terms. 31. BCBG agrees to entry of the Commission of such risk. penalty in the amount of seventy-five attached Order, which is incorporated 15. BCBG employees had knowledge thousand dollars ($75,000.00). BCBG herein by reference, and agrees to be of the 1999 Sweaters sales and offers of shall pay this sum in two (2) payments bound by its terms. sale as they were occurring, i.e., from as follows: (a) BCBG shall deliver to the approximately July 1999 through Commission forty thousand dollars Dated: August 14, 2000. September 9, 1999. Pursuant to 16 ($40,000.00) within twenty (20) By: Max Azria, President and CEO, AZ3, C.F.R. 1115.14(b), the employees’ calendar days of service of the Inc., d/b/a BCBG Max Azria. knowledge may be imputed to BCBG. Commission’s Order accepting this The Consumer Product Safety Commission. 16. BCBG’s management acquired Agreement; and (b) BCBG shall deliver Alan H. Schoem, actual knowledge of the 1999 Sweaters to the Commission thirty-five thousand Assistance Executive Director, Office of sales and offers of sale no later than dollars ($35,000.00) within fifty (50) Compliance. September 9, 1999. This knowledge, calendar days of service of the Eric L. Stone, including the fact that the Sweaters Commission’s Order accepting this Director, Legal Division, Office of Compliance. were classified as ‘‘Class 3’’ under the Agreement. Each payment shall be by Clothing Standard, reasonably check payable to the order of the United Dated: August 17, 2000. supported the conclusion that the 1999 States Treasury. By: Seth B. Popkin, Trial Attorney, Legal Division, Office of Compliance. Sweaters sales created an unreasonable 25. BCBG knowingly, voluntarily, and risk of serious injury or death. Under completely waives any rights it may Consumer Product Safety Commission have in this matter (1) to the issuance the circumstances, BCBG was required [CPSC Docket No. 00–C0013] to inform the Commission of such risk of a Complaint, (2) to an administrative within 24 hours, i.e., by September 10, or judicial hearing, (3) to judicial review In the Matter of AZ3, Inc., d/b/a BCBG Max Azria; Order 1999. See CPSA 15(b), 15 U.S.C. or other challenge or contest of the 2064(b); 16 CFR 1115.14 (d), (e). validity of the Commission’s Order, (4) Upon consideration of the Settlement 17. BCBG failed to inform the Staff of to a determination by the Commission Agreement entered into between AZ3, the 1999 Sweaters sales and the as to whether or not BCBG failed to Inc., d/b/a BCBG Max Azria (‘‘BCBG’’), associated risks until October 19, 1999. comply with the FFA or CPSA, as and the United States Consumer This failure violated the CPSA. See alleged, (5) to a statement of findings of Product Safety Commission CPSA § 19(a)(4), 15 U.S.C. 2068(a)(4). fact and conclusions of law, and (6) to (‘‘Commission’’) staff, and the any claims under the Equal Access to Commission having jurisdiction over 18. BCBG knowingly failed to inform Justice Act. the subject matter and over BCBG, and the Staff of the 1999 Sweaters sales in 26. Upon provisional acceptance of it appearing that the Settlement a timely manner, as the term this Settlement Agreement and Order by Agreement and Order is in the public ‘‘knowingly’’ is defined in section 20(d) the Commission, this Settlement interest, it is of the CPSA, 15 U.S.C. 2069(d). Agreement and Order shall be placed on Ordered, that the Settlement Pursuant to section 20(a)(1) of the the public record and shall be published Agreement be, and hereby is, accepted; CPSA, 15 U.S.C. 2069(a)(1), this failure in the Federal Register in accordance and it is subjected BCBG to a civil penalty. with the procedures set forth in 16 CFR Further Ordered, that BCBG shall pay III. Response of BCBG 1118.20(e). In accordance with 16 CFR to the Commission a civil penalty in the 1118.20(f), if the Commission does not amount of seventy-five thousand dollars 19. BCBG denies the Staff’s receive any written request not to accept ($75,000.00), and that BCBG shall pay allegations that BCBG knowingly or the Settlement Agreement and Order this sum in two (2) payments as follows: otherwise violated the Clothing within fifteen (15) days, the Settlement (a) BCBG shall deliver to the Standard, the FFA, or the CPSA, and the Agreement and Order shall be deemed Commission forty thousand dollars content found in paragraphs 4–18. finally accepted on the sixteenth (16th) ($40,000.00) within twenty (20) 20. In January 1999, BCBG sold and day after the date it is published in the calendar days of service of this final shipped 509 Sweaters, of the Federal Register. Order upon BCBG; and (b) BCBG shall approximately 979 Sweaters in its 27. This Settlement Agreement and deliver to the Commission thirty-five possession, to buyers in Japan and Order becomes effective upon its final thousand dollars ($35,000.00) within Israel, and BCBG did so properly acceptance by the Commission and fifth (50) calendar days of service of this pursuant to Commission procedures. service upon BCBG. final Order upon BCBG. Each payment 21. From September 9, 1999, and 28. The Commission may publicize shall be by check payable to the order continuing through the date of this the terms of the Settlement Agreement of the United States Treasury. Settlement Agreement and Order, BCBG and Order. Provisionally accepted and Provisional conducted a voluntary recall effort 29. This Settlement Agreement and Order issued on the 14th day of September, concerning the 1999 Sweaters sales. Order shall apply to, and be binding 2000.
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By Order of the Commission: I. The Parties rapidly to make it ‘‘fly,’’ often in Sadye E. Dunn, 2. The Commission is an independent unpredictable directions and angles, Secretary, Consumer Product Safety federal regulatory agency responsible for allowing it to forcefully strike the user Commission. the enforcement of the Consumer or nearby playmates, usually in the face [FR Doc. 00–24076 Filed 9–19–00; 8:45 am] Product Safety Act, 15 U.S.C. 2051– or head. 9. Before formal ratification and BILLING CODE 6355±01±M 2084. signing the necessary documents to 3. Galoob is a corporation organized acquire Galoob, Hasbro examined and existing under the laws of the State Galoob’s records reflecting its assets, CONSUMER PRODUCT SAFETY of Delaware. Its principal offices are liabilities and other documents COMMISSION located at 5 Thomas Mellon Circle, including the history of the ‘‘Sky Suite 304, San Francisco, California. [CPSC Docket No. 00±C0014] Dancers.’’ Galoob is a wholly owned subsidiary of 10. Between January 1995 and Galoob Toys, Inc., a Corporation, Hasbro, Inc., (‘‘Hasbro’’) Before ti was November 1998, Galoob received 165 Provisional Acceptance of a acquired by Hasbro, Galoob Toys, Inc. injury complaints, including damage to Settlement Agreement and Order was an independent corporation doing the eyes, face and teeth. Hasbro learned business as Lewis Galoob Toys, Inc. AGENCY: Consumer Product Safety of the problem with the product before Commission. II. Staff Allegations acquiring Galoob. 11. On November 2, 1998, Hasbro ACTION: 4. From on or before November 1994 Notice. acquired Galoob. Following the through approximately August 1998, acquisition, on November 18, 1998 SUMMARY: It is the policy of the Galoob, a corporation and toy Hasbro/Galoob made a telephone report Commission to publish settlements manufacturer, made, sold and and, on November 23, 1998, sent a which it provisionally accepts under the distributed into United States commerce preliminary report letter to the CPSC Consumer Product Safety Act in the over 8 million ‘‘flying’’ toys known as staff under Section 15(b) of the CPSA. Federal Register in accordance with the the ‘‘Sky Dancers’’. Galoob is, therefore, 15 U.S.C. 2064(b). By letter dated terms of 16 CFR 1118.20. Published a manufacturer and distributor of a December 15, 1998, the CPSA staff below is a provisionally-accepted consumer product in U.S. commerce requested full report information from Settlement Agreement with Galoob pursuant to 15 U.S.C. 2052 (a)(1), (4), (5) the reporting firm pursuant to the CPSA. Toys, Inc., a corporation, containing a an (6). civil penalty of $400,000. Id. 5. On November 2, 1998 Hasbro 12. On January 14, 1999 Hasbro/ DATES: Any interested person may ask purchased Galoob’s stock and Galoob Galoob filed a limited report with the the Commission not to accept this became one of Hasbro’s wholly owned Commission and filed its full report on agreement or otherwise comment on its subsidiaries. Galoob remained and April 8, 1999. Galoob undertook a contents by filing a written request with remains a corporation and a separate voluntary recall of the Sky Dancers in the Office of the Secretary by October 5, legal entity. June 2000. 2000. 6. Galoob experienced several toy 13. Galoob, during 1994 testing and ADDRESSES: Persons wishing to manufacturing/production problems early production, and subsequently, as comment on this Settlement Agreement resulting in unsafe performance of the it received injury reports through 1998, should send written comments to the Sky Dancers shortly after production obtained information which reasonably Comment 00–C0014, Office of the began. In late 1994 and early 1995, supported the conclusion that the Sky Secretary, Consumer Product Safety production defects included: use of Dancers contained defects which could Commission, Washington, DC 20207. wings of uneven weight on the same create a substantial product hazard but FOR FURTHER INFORMATION CONTACT: Sky Dancer, improper methods for failed to report to the Commission in a William J. Moore, Trial Attorney, Office centering and affixing wings to the body timely manner as required by section of Compliance and Enforcement, of the toy; and producing wings with 15(b) of the CPSA, 15 U.S.C. 2064(b). Consumer Product Safety Commission, padding that was susceptible of coming Hasbro obtained such information Washington, DC 20207; telephone (301) off the wing. before it formally acquired the stock of 504–0626, 1348. 7. In 1995 Galoob made several Galoob on November 2, 1998. prospective changes in the design and SUPPLEMENTARY INFORMATION: The text of 14. By failing to furnish information production of the Sky Dancers intended as required by section 15(b) of the the Agreement and Order appears to reduce performance problems and below. CPSA, Galoob committed a prohibited make the Sky Dancer safer to use. After act under section 19(a)(4) of the CPSA, Dated: September 15, 2000. Galoob distributed approximately 15 U.S.C. 2068(a)(4). Sadye E. Dunn, 100,000 Sky Dancers into U.S. 15. The staff alleges this violation was Secretary. commerce, Galoob reworked a large committed ‘‘knowlingly’’ as the term in number of Sky Dancers in inventory to Settlement Agreement and Order defined in section 20(d) of the CPSC, 15 attempt to eliminate safety defects. The U.S.C. 2069(d). 1. This Settlement Agreement, made approximately 100,000 Sky Dancers by and between the staff (‘‘the staff’’) of sold were not recalled or reworked. III. Response of Galoob the U.S. Consumer Product Safety 8. Even as designed and produced as 16. Galoob denies the staff allegations Commission (‘‘the Commission’’) and intended, the Sky Dancers are numbered six through ten and 13 Galoob Toys, Inc., (‘‘Galoob’’), a susceptible of causing injury. The Sky through 15 above. It denies the Galoob corporation, in accordance with 16 CFR Dancer uses a pull cord to launch the Sky Dancer contains a defect or that it 1118.20 of the Commission’s Procedures hard plastic toy; to send it spinning up creates a substantial product hazard for Investigations, Inspections, and and away from its base at a high rate of pursuant to section 15(a) of the CPSA, Inquiries under the Consumer Product speed. Once launched the Sky Dancer 15 U.S.C. 2064(a) or that it creates an Safety Act (‘‘CPSA’’), is a settlement of uses two propeller-like blades or unreasonable risk of serious injury or the staff allegations set forth below. ‘‘wings’’ (attached to the toy) spinning death pursuant to section 15(b) of the
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CPSA. Galoob denies that Sky Dancers specifically waives its right to initiate, Director, Legal Division, Office of or Galoob has caused any injuries. either by referral to the Department of Compliance. Galoob further denies that it or Hasbro Justice, or bringing in its own name, any Dated: August 9, 2000. violated the reporting requirements of action for civil penalties relating to any William J. Moore, Jr., section 15(b) of the CPSA, 15 U.S.C. of the events that gave rise to the staff Trial Attorney, Legal Division, Office of 2064(b) or 16 C.F.R. Part 1115. allegations in paragraphs four through Compliance. 17. Galoob asserts that Sky Dancers 15, supra, against (a) Galoob; (b) any of Order were properly designed, tested and Galoob’s current or former parents, Upon consideration of the Settlement manufactured and contained adequate subsidiaries, affiliates, divisions or Agreement entered into between Galoob warnings and labeling. related entities; (c) any shareholder, Toys, Inc., a corporation, and the staff 18. Galoob enters this Settlement director, officer, employee, agent or of the U.S. Consumer Product Safety Agreements and Order for settlement attorney of any entity referenced in (a) Commission; and the Commission purposes only, to avoid incurring legal or (b), and (d) any successor, heir, or having jurisdiction over the subject costs and expenses. assign of the persons described in (a) or matter and Galoob Toys, Inc., and it (b) above. IV. Agreement of the Parties appearing that the Settlement 25. Upon final acceptance by the Agreement and Order is in the public 19. The Commission has jurisdiction Commission, the parties agree that the interest, it is over this matter and over Galoob under Commission may publicize the terms of Ordered, that the Settlement the Consumer Product Safety (CPSA), 15 the Settlement Agreement and Order. U.S.C. 2051 et seq. 26. Galoob agrees to the entry of the Agreement be, and hereby is, accepted, 20. Galoob knowingly, voluntarily attached Order, which is incorporated and it is and completely waives any rights it may herein by reference, and agrees to be Further Ordered, that, upon final have in the above captioned case (1) to bound by its terms. acceptance of the Settlement Agreement the issuance of a Compliant in this 27. The Commission’s Order in this and Order, Galoob Toys, Inc. shall pay matter; (2) to an administrative or matter is issued under the provisions of the Commission a civil penalty in the judicial hearing with respect to the staff the CPSA, 15 U.S.C. 2051 et seq., and amount of FOUR HUNDRED allegations cited herein (3) to judicial a violation of this Order may subject THOUSAND AND no/100 dollars, review or other challenge or contest of Galoob to appropriate legal action. ($400,000.00) within ten (10) calendar the validity of the Commission’s Order; 28. This Settlement Agreement and days after service of this Final Order (4) to a determination by the Order is binding upon and shall inure upon Galoob Toys, Inc. Commission as to whether a violation of to the benefit of Galoob, its parent and Provisionally accepted and Provisional section 15(b) of the CPSA, 15 U.S.C. each of their assigns or successors. Order issued on the 15th day of September, 2064(b), has occurred, and (5) to a 29. Agreements, understandings, 2000. statement of findings of fact and representations, or interpretations made By Order of the Commission. conclusions of law with regard to the outside this Settlement Agreement and Sadye E. Dunn, staff allegations. Order may not be used to vary or to Secretary, U.S. Consumer Product Safety 21. Upon provisional acceptance of contradict its terms. Commission. this Settlement Agreement and Order by 30. If, after the effective date hereof, [FR Doc. 00–24188 Filed 9–19–00; 8:45 am] the Commission, this Settlement any provision of this Settlement BILLING CODE 6355±01±M Agreement and Order shall be placed on Agreement and Order is held to be the public record and shall by published illegal, invalid, or unenforceable under in the Federal Register in accordance present or future laws effective during CORPORATION FOR NATIONAL AND with 16 CFR 1118.20. the terms of the Settlement and Order, COMMUNITY SERVICE 22. The Settlement Agreement and such provision shall be fully severable. Order becomes effective upon final The rest of the Settlement Agreement Sunshine Act Meeting acceptance by the Commission. Galoob and Order shall remain in full effect, The Board of Directors of the shall pay a civil penalty in the amount unless the Commission determines that Corporation for National and of four hundred thousand and no/ severing the provision materially Community Service gives notice of the dollars ($400,000.00) within 10 calender impacts the purpose of the Settlement following meeting: days of receiving service of such final Agreement and Order. Settlement Agreement and Order. 31. This Settlement Agreement and DATE AND TIME: Wednesday, September 23. This Settlement Agreement and Order shall not be waived, changed, 27, 2000, 10 a.m.–12:30 p.m. Order is not deemed or construed as an amended, modified, or otherwise PLACE: Corporation for National Service admission by Galoob (a) of any liability altered, except in writing executed by 1201 New York Avenue, NW, 8th Floor or wrongdoing by Galoob or, (b) that the party against whom such conference room, Washington, D.C. Galoob violated any law or regulation. amendment, modification, alteration, or STATUS: Open. Nothing contained in this Settlement waiver is sought to be enforced, and MATTERS TO BE CONSIDERED: Agreement and Order precludes Galoob approved by the Commission. from raising any defenses in any future I. Chair’s Opening Remarks litigation not arising out of the terms of Galoob Toys, Inc. II. Approval of Prior Meeting Minutes this Settlement Agreement and Order. Dated: August 17, 2000. III. Report by the Chief Executive Officer 24. Upon final acceptance of this Alfred J. Vurmhra, IV. Committee Reports Settlement Agreement by the Executive Vice President—Global A. Executive Committee Commission, the issuance of the Operations, Chief Financial Officer. B. Management, Audit, annd The U.S. Consumer Product Safety implementing Order, and the full and Commission. Governance Committee Audit timely payment by Galoob to the United Alan H. Schoem, Report States Treasury of a civil penalty in the Assistant Executive Director, Office of C. Communications Committee amount of four hundred thousand Compliance. D. Planning and Evaluation dollars ($400,000.00), the Commission Eric L. Stone, Committee Strategic Plan
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V. Reauthorization Update further information, please contact our office 1995 (44 U.S.C. Chapter 35) requires at (703) 604–7479. VI. National Service Reports that the Office of Management and Wayne Joyner, Budget (OMB) provide interested Kellogg Initiative on Service Learning Program Support Specialist, Army Science Federal agencies and the public an early Collaboration with Warner Brothers Board. opportunity to comment on information Literacy Study collection requests. OMB may amend or Agenda—The Army Science Board’s waive the requirement for public Association of State Service Countermine Summer Study consultation to the extent that public Commissions September 18, 19, 2000. participation in the approval process VII. Future Board Meeting Dates (Tentative Agenda) would defeat the purpose of the VIII. Public Comment September 18, 2000 information collection, violate State or Federal law, or substantially interfere IX. Adjournment 0800–0900—Introduction—Classified with any agency’s ability to perform its 0900–1000—Wide Area Surveillance Panel— ACCOMMODATIONS: Anyone who needs Classified statutory obligations. The Leader, an interpreter or other accommodation 1000–1015—Break Regulatory Information Management should notify the Corporation’s contact 1015–1115—Maneuver Unit Support and Group, Office of the Chief Information person. Route Clearing—Classified Officer, publishes that notice containing 1115–1215—Mine Clearing in Surf Zone— proposed information collection CONTACT PERSON FOR FURTHER Classified requests prior to submission of these INFORMATION: Rhonda Taylor, Associate 1215–1315—Lunch requests to OMB. Each proposed Director of Special Projects and 1315–1415—Physical Security and information collection, grouped by Initatives, Corporation for National Humanitarian Demining—Classified office, contains the following: (1) Type Service, 8th Floor, Room 8619, 1201 1415–1515—Breaching—Classified 1515–1530—Break of review requested, e.g. new, revision, New York Avenue NW, Washington, 1530–1630—Basic Research and extension, existing or reinstatement; (2) D.C. 20525. Phone (202) 606–5000 ext. Phenomenology—Classified Title; (3) Summary of the collection; (4) 282. Fax (202) 565–2794. TDD: (202) 1630–1700—Closing Discussion Description of the need for, and 565–2799. (The Study chairperson wants to keep open proposed use of, the information; (5) the option of classified discussions for both Respondents and frequency of Dated: September 18, 2000. days of this meeting.) For additional collection; and (6) Reporting and/or Thomasenia P. Duncan, clarification, phone Debbie Butler at 703– Recordkeeping burden. OMB invites General Counsel, Corporation for National 601–1552. public comment. The Department of and Community Service. September 19, 2000 Education is especially interested in [FR Doc. 00–24264 Filed 9–18–00; 1:20 pm] 0730—Depart from Presidential Towers to public comment addressing the BILLING CODE 6050±28±M Fort AP Hill, VA following issues: (1) is this collection 0930—Arrive at Demo site 71 Alpha necessary to the proper functions of the 0945—John Fasulo mine threat, mine blast Department; (2) will this information be demonstration processed and used in a timely manner; DEPARTMENT OF DEFENSE 1100—Mine Hunter/Killer brief and system demo (3) is the estimate of burden accurate; 1130—HSTAMIDS brief and system demo (4) how might the Department enhance Department of the Army 1200—Lunch the quality, utility, and clarity of the 1245—S&T system brief and demo at information to be collected; and (5) how Army Science Board; Notice of Closed JUXOCO site might the Department minimize the Meeting 1315—JUXOCO site tour burden of this collection on the 1345—Wrap up/discussion respondents, including through the use In accordance with Section 10(a)(2) of 1430—Depart Demo site 71 Alpha of information technology. the Federal Advisory Committee Act 1630—Arrive back at Presidential Towers, Dated: September 14, 2000. (Pub. L. 92 463), announcement is Crystal City John Tressler, made of the following Committee [FR Doc. 00–24080 Filed 9–19–00; 8:45 am] Meeting: Leader, Regulatory Information Management, BILLING CODE 3710±08±M Office of the Chief Information Officer. Name of Committee: Army Science Board (ASB). Office of Special Education and Date of Meeting: 18 19 September 2000. DEPARTMENT OF EDUCATION Rehabilitative Services Time of Meeting: 0730–1700. Type of Review: New. Place: President Towers (Sept 18)/Fort AP Notice of Proposed Information Title: National Longitudinal Hill (Sept 19). Collection Requests Transition Study-2 (NLTS2) Survey Agenda: The Army Science Board’s (ASB) AGENCY: Department of Education. Package. Study Group on ‘‘Countermine’’ will meet to SUMMARY: The Leader, Regulatory Frequency: One time. have subgroup briefings and overall group Information Management Group, Office Affected Public: Businesses or other discussion on September 18 and then, on of the Chief Information Officer, invites for-profit; Not-for-profit institutions. September 19, will travel to Fort AP Hill for comments on the proposed information Reporting and Recordkeeping Hour active demonstrations. This meeting will be Burden: closed to the public in accordance with collection requests as required by the Paperwork Reduction Act of 1995. Responses: 18,977. section 552b(c) of Title 5, U.S.C., specifically Burden Hours: 7,843. subparagraph (1) thereof, and Title 5, U.S.C., DATES: Interested persons are invited to Abstract: NLTS2 will provide Appendix 2, subsection 10(d). (Please see submit comments on or before nationally representative information attached Agendas.) The classified preclude November 20, 2000. about youth with disabilities in opening any portion of this meeting. For SUPPLEMENTARY INFORMATION: Section secondary school and in transition to 3506 of the Paperwork Reduction Act of adult life, including their
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56875 characteristics, programs and services 6287 or via her internet address notice that during August 2000, it and achievements in multiple domains [email protected]. Individuals who issued Orders granting and vacating (e.g., employment, postsecondary use a telecommunications device for the authority to import and export natural education). The study will inform deaf (TDD) may call the Federal gas, including liquefied natural gas special education policy development Information Relay Service (FIRS) at 1– (LNG). These Orders are summarized in and support Government Performance 800–877–8339. the attached appendix and may be and Results Act (GPRA) measurement [FR Doc. 00–24100 Filed 9–19–00; 8:45 am] found on the FE web site at http:// and Individuals with Disabilities www.fe.doe.gov, or on the electronic BILLING CODE 4000±01±P Education Act (IDEA) reauthorization. bulletin board at (202) 586–7853. They Requests for copies of the proposed are also available for inspection and copying in the Office of Natural Gas & information collection request may be DEPARTMENT OF ENERGY accessed from http://edicsweb.ed.gov, or Petroleum Import & Export Activities, should be addressed to Vivian Reese, Office of Fossil Energy Docket Room 3E–033, Forrestal Department of Education, 400 Maryland Building, 1000 Independence Avenue, Avenue, SW, Room 4050, Regional [FE Docket No. 00±56±NG, et al.] SW., Washington, DC 20585, (202) 586– Office Building 3, Washington, D.C. 9478. The docket room is open between Engage Energy US, L.P., et al.; Orders the hours of 8:00 a.m. and 4:30 p.m., 20202–4651. Requests may also be Granting and Vacating Authority To electronically mailed to the internet Monday through Friday, except Federal _ _ Import and Export Natural Gas, holidays. address OCIO IMG [email protected] or Including Liquefied Natural Gas faxed to 202–708–9346. Please specify Issued in Washington, D.C., on September the complete title of the information AGENCY: Office of Fossil Energy, DOE. 14, 2000. collection when making your request. ACTION: Notice of orders. John W. Glynn, Comments regarding burden and/or the Manager, Natural Gas Regulation, Office of collection activity requirements should SUMMARY: The Office of Fossil Energy Natural Gas & Petroleum Import & Export be directed to Sheila Carey at (202) 708– (FE) of the Department of Energy gives Activities Office of Fossil Energy.
Appendix—Orders Granting and Vacating Import/Export Authorizations
DOE/FE AUTHORITY
Importer/Exporter FE Docket Import Export Order No. Date issued No. volume volume Comments
1617 ...... 8±03±00 Engage Energy US, L.P., 00± 600 Bcf 150 Bcf Import combined total from Canada and Mex- 56±NG. ico, and export combined total to Canada and Mexico beginning on July 12, 2000, and extending through July 11, 2002. 1618 ...... 8±07±00 Westcoast Gas Services Inc., 200 Bcf Import and export a combined total from and to 00±54±NG. Canada, over a two-year term beginning on the date of first delivery. 1619 ...... 8±07±00 Westcoast Energy (U.S.) Inc., 200 Bcf Import and export a combined total from and to 00±55±NG. Canada, over a two-year term beginning on the date of first delivery. 1609 ...... 8±07±00 Power City Partners, L.P., 00± ...... Errata notice. Ordering Paragraph A inadvert- 47±NG. ently authorized wrong volumes. 1620 ...... 8±10±00 Northern States Power Com- 20 Bcf ...... Import from Canada, over a two-year term be- pany (Wisconsin), 00±57±NG. ginning on the date of first delivery. 1621 ...... 8±17±00 Applied LNG Technologies ...... 5.2 Bcf Export LNG to Mexico, over a two-year term USA, L.L.C., 00±59±LNG. beginning on August 19, 2000, and extend- ing through August 18, 2002. 701±A ...... 8±22±00 Distrigas Corporation, 92±93± ...... Vacating long-term authority to import LNG LNG. from Nigeria. 1505±A ...... 8±24±00 Sunoma Energy Corp., 99±55± ...... Vacating blanket authority to import from Can- NG. ada. 1622 ...... 8±28±00 Westcoast Gas Services Dela- 1,000 Bcf 1,000 Bcf Import and export, including LNG from and to ware (America) Inc., 00±58± Canada, beginning on October 1, 2000, and NG. extending through September 30, 2002.
[FR Doc. 00–24118 Filed 9–19–00; 8:45 am] ACTION: Notice of Application. DATES: Comments, protests, or requests BILLING CODE 6450±01±P to intervene must be submitted on or SUMMARY: Tucson Electric Power before October 20, 2000. Company (TEP) has applied for a DEPARTMENT OF ENERGY ADDRESSES: Comments, protests, or Presidential permit to construct, requests to intervene should be connect, operate and maintain a double- [FE Docket No. PP±229] addressed as follows: Office of Coal & circuit, 345,000-volt (345-kV) Power Import and Export (FE–27), Application for Presidential Permit; alternating current electric transmission Office of Fossil Energy, U.S. Department Tucson Electric Power Company line across the U.S. border with Mexico. of Energy, 1000 Independence Avenue, SW., Washington, DC 20585–0350. AGENCY: Office of Fossil Energy, DOE.
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FOR FURTHER INFORMATION CONTACT: The Central Study Corridor leaves corridor turns to the southwest for 4.2 Ellen Russell (Program Office) 202–586– South Substation to the south adjacent miles, where it then turns due south 9624 or Michael T. Skinker (Program to an existing 345-kV transmission line onto land under the control of the Attorney) 202–586–6667. and heads west for approximately 1 Coronado National Forest for a distance SUPPLEMENTARY INFORMATION: The mile. Continuing to parallel existing of approximately 19.7 miles paralleling construction, connection, operation, and transmission, the line then turns south the Pima and Santa Cruz County lines. maintenance of facilities at the for 1.5 miles before turning west again The County lines are within the study international border of the United States where it crosses Interstate 19 (I–19), corridor, west of the center line. At this for the transmission of electric energy approximately 1 mile north of Sahuarita point, within the Forest, the study between the United States and a foreign Road. The study corridor continues west corridor will traverse a gentle arc, with country is prohibited in the absence of for approximately 2.3 miles where it turning points to be determined by a Presidential permit issued pursuant to turns south for 2 miles continuing to terrain and access to the southeast, until Executive Order (EO) 10485, as parallel existing transmission. At it intersects the existing gas pipeline amended by EO 12038. Camino del Toro and Avenue Cinco alignment and the original central study On August 17, 2000, TEP, a regulated (west of the community of Sahuarita) corridor alignment. This is public utility, filed an application with the existing 345-kV transmission line approximately 12.5 miles northwest of the Office of Fossil Energy (FE) of the and the proposed study corridor turn the terminus in Nogales and the Department of Energy (DOE) for a west for 4.0 miles to a point where the international border. Prior to commencing electricity Presidential permit. TEP proposes to existing transmission line intersects an exports to Mexico using these proposed construct two 345-kV transmission existing natural gas pipeline. At the facilities, TEP, or any other electricity circuits on a single set of support pipeline, the study corridor turns south exporters, must obtain, from the structures within a 150 to 200 foot right- and parallels the natural gas pipeline, Department of Energy, an electricity of-way. Both circuits would originate at for 45.3 miles, extending through the export authorization required by section TEP’s existing South Substation located Coronado National Forest, to the west side of Nogales, Arizona, and across the 202(e) of the Federal Power Act. approximately 15 miles south of Tucson Since the restructuring of the electric in the vicinity of Sahuarita, Arizona, International Border. In this alternative, I–19 is within the 5-mile wide study power industry began, resulting in the and 1.4 miles east of Interstate 19, south corridor from approximately one mile introduction of different types of of Pima Mine Road in Pima County, south of Arivaca Road to approximately competitive entities into the Arizona. TEP proposes to use these two two miles south of the community of marketplace, DOE has consistently circuits to interconnect with the Tumacacori. However, the center line of expressed its policy that cross-border Citizens’ Utilities system in the vicinity the study corridor remains west of I–19. trade in electric energy should be of Nogales, Arizona, by constructing a The Easterly Study Corridor leaves subject to the same principles of new substation on the west side of South substation to the east for comparable open access and non- Nogales and ‘‘stepping-down’’ the approximately 6.0 miles, where it turns discrimination that apply to voltage of the circuits from 345-kV to south along the Wilmot Road alignment transmission in interstate commerce. 115-kV. From the new substation, the and parallels the existing Citizens DOE has stated that policy in export proposed 345-kV circuits would Utilities 115-kV transmission line authorizations granted to entities continue across the U.S.-Mexican border alignment (east of the community of requesting authority to export over for approximately 60 miles and Sahuarita and west of the community of international transmission facilities. interconnect with the Comision Federal Corona de Tucson), and continues south Specifically, DOE expects transmitting de Electricidad (CFE; the national for another 6.5 miles before reaching the utilities owning border facilities electric utility of Mexico) at CFE’s Santa turning point of Citizens Utilities constructed pursuant to Presidential Ana Substation. TEP proposes existing 115-kV transmission line permits to provide access across the December 2003 as an in-service date for alignment. At this point, the proposed border in accordance with the both its transmission interconnection corridor continues to parallel the principles of comparable open access with Citizens Utilities and the Citizens Utilities 115-kV line and non-discrimination contained in the interconnection with CFE. southwesterly for approximately 18.4 FPA and articulated in Federal Energy TEP has identified three, 5-mile wide miles to the vicinity of Amado-Montosa Regulatory Commission Order No. 888, corridors (21⁄2 miles either side of a Road. Leaving the 115-kV transmission as amended (Promoting Wholesale center line) as possible route line alignment, this corridor turns Competition Through Open Access alternatives. These corridors are southwesterly for 2.9 miles and crosses Non-Discriminatory Transmission currently identified by TEP as the I–19 (east to west). At this point the Services by Public Utilities). In ‘‘Central Study Corridor,’’ the ‘‘Easterly easterly study corridor joins the central furtherance of this policy, DOE intends Study Corridor,’’ and the ‘‘Westerly study corridor, approximately 1 mile to condition any Presidential permit Study Corridor.’’ south of Arivaca Road, turns south, and issued in this proceeding on compliance The following description of possible continues along the existing natural gas with these open access principles. routing alternatives have been provided pipeline corridor through the Coronado Procedural Matters by TEP. The map submitted as an National Forest to Nogales and the exhibit in the TEP Presidential permit border. Any person desiring to become a application does not contain this level The Westerly Study Corridor follows party to this proceeding or to be heard of detail; however, maps will be the central study corridor from the by filing comments or protests to this prepared by TEP and distributed to the South Substation to the natural gas application should file a petition to general public before the environmental pipeline corridor. This corridor then intervene, comment or protest at the process associated with this application turns south and continues 8.3 miles address provided above in accordance begins. The distances identified in the along the natural gas pipeline corridor with §§ 385.211 or 385.214 of the descriptions that follow represent to the vicinity of the TEP Cyprus FERC’s Rules of Practice and Procedures distances along the arbitrary centerline Sierrita Substation, west of Green (18 CFR 385.211, 385.214). Fifteen of the 5-mile wide study corridors. Valley. At this point, the westerly study copies of each petition and protest
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56877 should be filed with the DOE on or DEPARTMENT OF ENERGY • Approximately 48 miles of 20-inch before the date listed above. diameter pipeline loop from CIG’s Additional copies of such petitions to Federal Energy Regulatory existing Morton Compressor Station intervene or protests also should be Commission located in Morton County, Kansas to a filed directly with: Ed Beck, Supervisor, point referred to as ‘‘Hooker Traps’’ in [Docket No. CP00±452±000] Transmission Planning, Tucson Electric Texas County, Oklahoma. • A new compressor unit at the Power Company, P. O. Box 711, Tucson, Colorado Interstate Gas Company; Arizona 85702. existing Keyes Compressor Station Notice of Application located in Cimarron County, Oklahoma. Before a Presidential permit may be September 14, 2000. The compressor unit will consist of one issued or amended, the DOE must high speed natural gas engine driven, determine that the proposed action will Take notice that on September 5, 2000, Colorado Interstate Gas Company reciprocating compressor unit not adversely impact on the reliability nameplate horsepower rated at 4,450 of the U.S. electric power supply (CIG), P.O. Box 1087, Colorado Springs, Colorado 80944, filed in Docket No. horsepower. system. In addition, DOE must consider • Recylindering of the existing Beaver CP00–452–000 an application pursuant the environmental impacts of the County Compressors located in Beaver to Section 7 of the Natural Gas Act proposed action (i.e., granting the County, Oklahoma. The Beaver County (NGA) and the Commission’s Rules and Presidential permit, with any conditions Compressor Station is currently Regulations for a certificate of public and limitations, or denying the permit) equipped with three 1100 nameplate convenience and necessity authorizing pursuant to NEPA. DOE also must horsepower high speed reciprocating CIG to construct and operate facilities to obtain the concurrence of the Secretary compressor units. Due to the change in of State and the Secretary of Defense (i) increase the capacity out of the Raton operating conditions caused by the 48 before taking final action on a Basin Area and increase capacity to miles of 20-inch diameter pipeline loop, Presidential permit application. delivery points east and south of CIG’s the compressor cylinders will be The NEPA compliance process is a Campo Regulator Station, and (ii) replaced to provide more efficient cooperative, non-adversarial process construct facilities necessary for the operation. There will be no change in involving members of the public, state treatment requirements relating to gas horsepower of the compressor units. governments and the Federal quality for gas delivered off CIG’s Valley CIG also proposes, as a separate government. The process affords all Line, all as more fully set forth in the project, to construct and operate persons interested in or potentially application which is on file with the facilities related to gas quality control affected by the environmental Commission and open to public for quantities of gas delivered off CIG’s consequences of a proposed action an inspection. The filing may be viewed at Valley Line. These facilities consist of opportunity to present their views, http://www.ferc.fed.us/online/rims.htm the following: which will be considered in the (call 202–208–2222 for assistance). • Approximately 21 miles of 8-inch preparation of the environmental CIG proposes to construct and operate diameter pipeline look from the Keyes documentation for the proposed action. facilities necessary to increase its Compressor Station located in Cimarron Intervening and becoming a party to this natural gas transmission system County, Oklahoma to the Campo proceeding will not create any special capacity out of the Raton Basin Area in Regulator Station located in Baca status for the petitioner with regard to Colorado and New Mexico, by 85 MDth County, Colorado. • the NEPA process. Notice of upcoming per day. In addition, CIG proposes to Miscellaneous blending facilities to NEPA activities and information on how increase capacity east and south of its be constructed pursuant to 18 CFR the public can participate in those Campo Regulator Station to allow Raton § 2.55(a) within the Campo Regulator activities will appear in the Federal Basin shippers to deliver incremental Station yard consisting of valves, Register. Additional announcements quantities of gas to interconnects with controllers, blending meters and yard will appear in local newspapers in the Panhandle Eastern Pipe Line Company, piping for blending of gas for delivery vicinity of the proposed transmission ANR Pipeline Company, Williams on CIG’s Valley Line. line. To apply for the NEPA mailing list Natural Gas Company, and Natural Gas CIG avers that the total cost of the now, contact Mrs. Ellen Russell at the Pipeline Company of America to the proposed facilities for the Raton Basin address above. east, and El Paso Natural Gas Company, Area expansion and increased delivery Northern Natural Gas Company, and flexibility is $51,784,900 and the cost of Copies of this application will be Transwestern Pipeline Company to the the gas quality control facilities is made available, upon request, for public south. To accomplish this, CIG proposes estimated to be $4,507,600. CIG states it inspection and copying at the address to construct the following: conducted an open season which provided above. In addition, the • The new Trinidad Compressor resulted in an additional 85 MDth of application may be reviewed or Station to be located on the western end long term contracts for the expansion. downloaded from the Fossil Energy of CIG’s existing Campo Lateral in Las CIG states that the combination of Home Page at: http://www.fe.doe.gov. Animas County, Colorado. The existing and incremental entitlements Upon reaching the Fossil Energy Home compressor station will consist of one represent 100 percent of CIG’s capacity page, select ‘‘Electricity’’ and then turbine driven centrifugal compressor out of the Raton Basin Area through the ‘‘Pending Proceedings’’ from the options unit nameplate rated at 4,700 Campo Lateral. CIG proposes rolled-in menu. horsepower and appurtenant facilities. treatment for the expansion out of the Issued in Washington, DC, on September • The new Kim Compressor Station to Raton Basin Area and access to 13, 2000. be located at a mid-point along the additional markets, and proposes to Anthony J. Como, Campo Lateral in Las Animas County, collect the cost of service for the gas Deputy Director, Electric Power, Regulation, Colorado. The compressor station will quality control facilities through its Gas Office of Coal & Power Im/Ex, Office of Coal consist of two high speed natural gas Quality Control Surcharge pursuant to & Power Systems, Office of Fossil Energy. engine driven reciprocating compressor Article 20 of the General Terms and [FR Doc. 00–24119 Filed 9–19–00; 8:45 am] units each nameplate rated at 4,450 Conditions of its First Revised Volume BILLING CODE 6450±01±P horsepower. No. 1 FERC tariff.
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Any questions regarding this Take further notice that, pursuant to DEPARTMENT OF ENERGY application should be directed to James the authority contained in and subject to R. West, Manager, Certificates, at (719) the jurisdiction conferred upon the Federal Energy Regulatory 520–4679, Colorado Interstate Gas Commission by Section 7 and 15 of the Commission Company, P.O. Box 1087, Colorado NGA and Commission’s Rules of [Project No. 2724±023] Springs, Colorado 80944. Practice and Procedure, a hearing will Any person desiring to be heard or to be held without further notice before the City of Hamilton, OH; Notice of Meeting protest with reference to said Commission or its designee on this application should on or before October application if no motion to intervene is September 14, 2000. 5, 2000, file with the Federal Energy filed within the time required herein, if A meeting will be convened by staff Regulatory Commission (Commission), the Commission on its own review of of the Office of Energy Projects on 888 First Street, NE, Washington, DC the matter finds that a grant of the October 3, 2000, at 3 p.m. at the Federal 20426, a motion to intervene or protest certificate is required by the public Energy Regulatory Commission, located in accordance with the requirements of convenience and necessity. If a motion at 888 First Street, NE., Washington, DC. the Commission’s Rules of Practice and for leave to intervene is timely filed, or The purpose of this meeting is to procedure (18 CFR 385.211 and if the Commission on its own motion discuss staff’s August 11, 2000, 385.214) and the regulations under the believes that a formal hearing is additional information request on the Natural Gas Act (NGA) (18 CFR 157.10). required, further notice of such hearing relicense application for the City of All protests filed with the Commission will be duly given. Hamilton, Ohio Hydroelectric Project. will be considered by it in determining Under the procedure herein provided Any person wishing to attend or the appropriate action to be taken but for, unless otherwise advised, it will be needing additional information should will not serve to make the protestants unnecessary for CIG to appear or be contact Nicholas Jayjack at (202) 219– parties to the proceeding. Any person represented at the hearing. 2825 or e-mail at wishing to become a party in any [email protected]. Please Linwood A. Watson, Jr., proceeding must file a motion to notify Mr. Jayjack by September 27, intervene in accordance with the Acting Secretary. 2000, if you plan to attend. [FR Doc. 00–24093 Filed 9–19–00; 8:45 am] Commission’s rules. Linwood A. Watson, Jr., BILLING CODE 6717±01±M A person obtaining intervenor status Acting Secretary. will be placed on the service list [FR Doc. 00–24094 Filed 9–19–00; 8:45 am] maintained by the Secretary of the DEPARTMENT OF ENERGY BILLING CODE 6717±01±M Commission and will receive copies of all documents issued by the Federal Energy Regulatory Commission, filed by the applicant, or Commission DEPARTMENT OF ENERGY filed by all other intervenors. An intervenor can file for rehearing of any [Docket No. RP00±325±000] [Docket No. CP00±406±000] Commission order and can petition for Northern Natural Gas Company; Notice court review of any such order. Colorado Interstate Gas Company; of Application However, an intervenor must serve Notice of Technical Conference copies of comments or any other filing September 14, 2000. September 14, 2000 it makes with the Commission to every On June 15, 2000, Colorado Interstate Take notice that on July 17, 2000, other intervenor in the proceeding, as Gas Company (CIG) filed in compliance Northern Natural Gas Company well as filing an original and 14 copies with Order No. 637. Several parties have (Northern), 111 South 103rd Street, with the Commission. protested various aspects of CIG’s filing. Omaha, Nebraska 68124–1000, filed in A person does not have to intervene, Take notice that a technical Docket No. CP00–406–000 an however, in order to have comments conference to discuss the various issues application pursuant to Section 7(b) of considered, a person, instead, may raised by CIG’s filing will be held on the Natural Gas Act (NGA), as amended, submit two copies of such comments to Tuesday, October 3, 2000, at 10 a.m., in and the Rules and Regulation of the the Secretary of the Commission. a room to be designated at the Offices Federal Energy Regulatory Commission Commenters will be placed on the of the Federal Energy Regulatory (Commission) for permission and Commission’s environmental mailing Commission, 888 First Street, NE., approval to abandon natural gas service list, will receive copies of Washington, DC 20426. This technical to Southern Union Gas Company environmental documents, and will be conference may extend to Wednesday, (Southern Union), which service was able to participate in meetings October 4, 2000. rendered under Northern’s Rate associated with the Commission’s Among the major areas to be Schedule X–12 of its FERC Gas Tariff, environmental review process. addressed is CIG’s segmentation Original Volume No. 2, all as more fully Commenters will not be required to proposal. Therefore CIG should provide set forth in the application which is on serve copies of filed documents on all current maps of its system and be file with the Commission, and open to other parties. However, Commenters prepared to discuss its system’s public inspection. This filing may be will not receive copies of all documents operations. Parties protesting aspects of view on the web at http://www.ferc.fed/ filed by other parties or issued by the CIG’s filing are invited to present us/online/rims/htm (call 202–208–222 Commission, and will not have the right alternative proposals. for assistance). to seek rehearing or appeal the All interested persons and Staff are Northern proposes to abandon the Commission’s final order to a Federal permitted to attend. service it is now authorized to rendered court. to Southern Union under Rate Schedule The Commission will consider all Linwood A. Watson, Jr., X–12. Northern indicates that no service comments and concerns equally, Acting Secretary. has been provided under the underlying whether filed by Commenters or those [FR Doc. 00–24097 Filed 9–19–00; 8:45 am] contract for this service for several requesting intervenor status. BILLING CODE 6717±01±M years. Consequently, Northern proposes
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56879 to abandon the service and remove Rate DEPARTMENT OF ENERGY Commission by Sections 7 and 15 of the Schedule X–12 from its FERC Gas Tariff, Natural Gas Act and the Commission’s Original Volume No. 2. Northern asserts Federal Energy Regulatory Rules of Practice and Procedure, a that no facilities will be abandoned as Commission hearing will be held without further a result of the proposed abandonment of [Docket No. CP00±433±000] notice before the Commission on this service. application if no protest or motion to Northern Natural Gas Company; Notice intervene is filed within the time Any person desiring to be heard or of Application required herein. At that time, the make any protest with reference to said Commission, on its own review of the application should on or before October September 14, 2000. matter, will determine whether granting 5, 2000, file with the Commission 888 Take notice that on August 9, 2000, the abandonment is required by the First Street, NE., Washington, DC 20426, Northern Natural Gas Company public convenience and necessity. If a a motion to intervene or a protest in (Northern), 1111 South 103rd Street, petition for leave to intervene is timely accordance with the requirements of the Omaha, Nebraska 68124–1000, filed in filed, or if the Commission on its own Commission’s Rules of Practice and Docket No. CP00–433–000 an motion believes that a formal hearing is Procedures (19 CFR Sections 385.211 application pursuant to Section 7(b) of required, further notice of such hearing and 385.214) and the Regulations under the Natural Gas Act (NGA), as amended, will be duly given. the Natural Gas Act (18 CFR Section and the Rules and Regulations of the Federal Energy Regulatory Commission Under the procedure herein provided 157.10). All protests filed with the for, unless otherwise advise, it will be Commission will be considered by it in (Commission) for permission and approval to abandon natural gas service unnecessary for Northern to appear or determining the appropriate action to be of MidAM, formerly Iowa Public Service be represented at the hearing. taken but will not serve to make the Company, which service was rendered Linwood A. Watson, Jr., Protestants parties to the proceedings. under Northern’s Rate Schedule T–44 of Any person wishing to become a party its FERC Gas Tariff, Original Volume Acting Secretary. to a proceeding or to participate as a No. 2, all as more fully set forth in the [FR Doc. 00–24092 Filed 9–19–00; 8:45 am] party in any hearing therein must file a application which is on file with the BILLING CODE 6717±01±M petition in accordance with the Commission, and open to public Commission’s Rules. inspection. This filing may be viewed Take notice that, pursuant to the on the web at htpp://www.ferc.fed/us/ DEPARTMENT OF ENERGY authority contained in and subject to the online/rims/htm (call 202–208–2222 for assistance). Federal Energy Regulatory jurisdiction conferred upon the Commission Commission by Sections 7 and 15 of the Northern proposes to abandon service Natural Gas Act and the Commission’s to MidAm, as agent on behalf of Terra Chemicals International, Inc., under [Docket No. EC00±99±001, et al.] Rules of Practice and Procedure, a Rate Schedule T–44. Northern indicates hearing will be held without further that the underlying contract for the Public Service Company of New notice before the Commission on this service has expired pursuant to the Mexico, et al.; Electric Rate and application if no protest or motion to terms of the agreement. Consequently, Corporate Regulation Filings intervene is filed within the time Northern proposes to abandon the required herein. At that time, the service and remove Rate Schedule T–44 September 13, 2000. Commission, on its own review of the from its FERC Gas Tarif, Original Take notice that the following filings matter, will determine whether granting Volume No. 2. Northern asserts that no have been made with the Commission: the abandonment is required by the facilities will be abandoned as a result 1. Public Service Company of New public convenience and necessity. If a of the proposed abandonment of service. petition for leave to intervene is timely Any person desiring to be heard or Mexico filed, or if the Commission on its own make any protest with reference to said [Docket No. EC00–99–001] motion believes that a formal hearing is application should on or before October Take notice that on September 8, required, further notice of such hearing 5, 2000, file with the Commission 888 2000, Public Service Company of New will be duly given. First Street, NE., Washington, DC 20426, Mexico (P.M.) filed a supplement to its Under the procedure herein provided a motion to intervene or a protest in accordance with the requirements of the June 7, 2000 application under section for, unless otherwise advise, it will be Commission’s Rules of Practice and 203 of the Federal Power Act unnecessary for Northern to appear or Procedures (19 CFR sections 385.211 concerning P.M.’s corporate be represented at the hearing. and 385.214) and the Regulations under restructuring to implement retail competition in New Mexico. P.M.’s Linwood A. Watson, Jr., the Natural Gas Act (18 CFR section 157.10). All protests filed with the supplement consists of a full and Acting Secretary. complete version of Exhibit H, the [FR Doc. 00–24090 Filed 9–19–00; 8:45 am] Commission will be considered by it in determining the appropriate action to be transaction documents required to effect BILLING CODE 6717±01±M taken but will not serve to make the its restructuring, and an explanation of Protestants parties to the proceedings. a revision to the structure of the Any person wishing to become a party transaction, which P.M. claims would to a proceeding or to participate as a have an outcome identical to the party in any hearing therein must file a original application. P.M. also filed a petition in accordance with the supplemental Attachment B to its Commission’s Rules. original Application. Take notice that, pursuant to the Comment date: September 29, 2000, authority contained in and subject to the in accordance with Standard Paragraph jurisdiction conferred upon the E at the end of this notice.
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2. Southern California Edison their transmission facilities to the 8. Allegheny Energy Service Company, Nevada Power Company, American Transmission Company LLC. Corporation on behalf of Allegheny and AES Mohave, LLC The proposed disposition is being made Energy Supply Company, LLC pursuant to Wisconsin’s electric [Docket No. EC00–132–000] [Docket No. ER00–3615–000] Take notice that on August 31, 2000, restructuring legislation. Southern California Edison Company Comment date: September 29, 2000, Take notice that on September 11, (Edison), Nevada Power Company in accordance with Standard Paragraph 2000, Allegheny Energy Service (Nevada Power) and AES Mohave, LLC E at the end of this notice. Corporation on behalf of Allegheny tendered for filing an application under Energy Supply Company, LLC section 203 of the Federal Power Act for 5. Southwest Power Pool, Inc. (Allegheny Energy Supply), tendered for approval of the transfer of certain [Docket No. ER00–3293–000] filing Service Agreement No. 93 to add jurisdictional facilities in connection one (1) new Customer to the Market with the sale of Edison’s and Nevada Take notice that on September 8, Rate Tariff under which Allegheny Power’s interests in the Mohave 2000, Southwest Power Pool, Inc. filed Energy Supply offers generation generating station. a Motion to Withdraw Unexecuted services. Service Agreements thereby amending Comment date: October 2, 2000, in Allegheny Energy Supply requests a accordance with Standard Paragraph E its July 31, 2000 filing in the above- waiver of notice requirements to make at the end of this notice. captioned proceeding, pursuant to Rule 215 of the Federal Energy Regulatory service available as of September 8, 3. Monongahela Power Company, Commission’s (Commission) Rules of 2000 to the Borough of Summerhill. Allegheny Energy Supply Company, Practice and Procedure, 18 CFR 285.215. Copies of the filing have been LLC, MP Transferring Agent, LLC, and provided to the Public Utilities MP Genco, LLC Comment date: September 29, 2000, in accordance with Standard Paragraph Commission of Ohio, the Pennsylvania [Docket No. EC00–135–000] E at the end of this notice. Public Utility Commission, the Take notice that on September 8, Maryland Public Service Commission, 2000, Monongahela Power Company 6. Commonwealth Edison Company the Virginia State Corporation (Monongahela), Allegheny Energy [Docket No. ER00–2946–001] Commission, the West Virginia Public Supply Company, LLC (AE Supply), MP Service Commission, and all parties of Transferring Agent, LLC, and MP Genco, Take notice that on September 11, record. LLC, filed a Joint Application Under 2000, Commonwealth Edison Company Comment date: October 2, 2000, in Section 203 Of The Federal Power Act (ComEd), tendered for filing an For The Disposition Of Jurisdictional unexecuted Interconnection Agreement accordance with Standard Paragraph E Facilities. The application requests with Rocky Road Power, LLC (Rocky at the end of this notice. Commission authorization to permit Road) in compliance with the 9. Allegheny Energy Service Monongahela to transfer the following Commission’s August 25, 2000 ‘‘Order Corporation on behalf of Allegheny jurisdictional assets to AE Supply in Conditionally Accepting for Filing Energy Supply Company, LLC connection with a corporate Unexecuted Interconnection reorganization: (1) the shares of Agreement,’’ 92 FERC ¶ 61,175 (Order). [Docket No. ER00–3616–000] jurisdictional step-up transformers ComEd requests an effective date of Take notice that on September 11, allocable to Monongahela’s West June 27, 2000 in accordance with the 2000, Allegheny Energy Service Virginia and Ohio service areas; (2) Order. Copies of the filing were served Corporation on behalf of Allegheny securities evidencing Monongahela’s on Rocky Road, the Illinois Commerce Energy Supply Company, LLC ownership share of Allegheny Commission and the official service list (Allegheny Energy Supply), tendered for Generating Company; (3) certain in Docket No. ER00–2946–000. filing Service Agreement No. 94 to add wholesale power purchase and supply one (1) new Customer to the Market agreements, including those Comment date: October 2, 2000, in jurisdictional agreements Monongahela accordance with Standard Paragraph E Rate Tariff under which Allegheny may enter into between the date of the at the end of this notice. Energy Supply offers generation services. application and the date of the proposed 7. The Potomac Edison Company, PE corporate reorganization; and (4) Transferring Agent, L.L.C., PE Allegheny Energy Supply requests a Monongahela’s pollution control and Generating Company, L.L.C., Allegheny waiver of notice requirements to make solid waste bonds associated with the Energy Supply Company, L.L.C. service available as of September 8, transferred generating assets. 2000 to Public Service Company of Comment date: September 29, 2000, [Docket No. ER00–3373–001] Colorado. in accordance with Standard Paragraph Take notice that on September 7, Copies of the filing have been E at the end of this notice. 2000, The Potomac Edison Company, PE provided to the Public Utilities 4. Madison Gas & Electric Company, Transferring Agent, L.L.C., PE Commission of Ohio, the Pennsylvania Wisconsin Public Service Corp., Generating Company, L.L.C., and Public Utility Commission, the American Transmission Company LLC Allegheny Energy Supply Company, Maryland Public Service Commission, [Docket No. EC00–136–000] L.L.C., tendered for filing a supplement the Virginia State Corporation Take notice that on September 8, to the Assignment of Inter-Company Commission, the West Virginia Public 2000, Madison Gas & Electric Company Power Agreement filed with the Service Commission, and all parties of and Wisconsin Public Service Corp. Commission on August 7, 2000, in the record. above-referenced Docket. filed an application under Section 203 Comment date: October 2, 2000, in of the Federal Power Act for Comment date: September 28, 2000, accordance with Standard Paragraph E Commission authorization to transfer in accordance with Standard Paragraph at the end of this notice. operational control and ownership of E at the end of this notice.
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10. Allegheny Energy Service and requested certain waivers of the filed four revised tariff sheets to make Corporation, on behalf of Allegheny Commission’s regulations. minor corrections to the current tariff. Energy Supply Company, LLC (AE Comment date: October 2, 2000, in Ameren seeks an effective date of Supply) accordance with Standard Paragraph E September 12, 2000, for the reformatted, [Docket No. ER00–3617–000] at the end of this notice. but textually unchanged, OATT and an effective date of September 13, 2000 for Take notice that on September 11, 13. Dominion Nuclear Marketing I, the four revised tariff sheets. 2000, Allegheny Energy Service INC. Accordingly, Ameren seeks waiver of Corporation on behalf of Allegheny [Docket No. ER00–3620–000] the Commission’s notice requirements. Energy Supply Company, LLC (AE Take notice that on September 11, Copies of the filing have been served on Supply), tendered for filing a Service 2000, Dominion Nuclear Marketing I, all parties to Ameren’s two most recent Agreement with Monongahela Power Inc., tendered for filing its proposed OATT proceedings and on the Missouri Company, The Potomac Edison FERC Electric Market-Based Sales Tariff Public Service Commission and the Company, and West Penn Power and certain waivers of the Commission’s Illinois Commerce Commission. Company, d/b/a Allegheny Power, in Regulations. Comment date: October 2, 2000, in order for Allegheny Power to purchase Comment date: October 2, 2000, in accordance with Standard Paragraph E power to meet its obligations to supply accordance with Standard Paragraph E at the end of this notice. emergency service under the terms of an at the end of this notice. operating agreement with Virginia 17. PECO Energy Company Electric and Power Company. 14. Dominion Nuclear Connecticut, Inc. [Docket No. ER00–3635–000] AE Supply has requested a waiver of [Docket No. ER00–3621–000] notice to make the Service Agreement Take notice that on September 11, effective on August 22, 2000. Take notice that on September 11, 2000, PECO Energy Company (PECO), Copies of the filing have been 2000, Dominion Nuclear Connecticut, tendered for filing the following provided to the customer and to the Inc., tendered for filing its proposed Agreements between PECO and Liberty Maryland Public Service Commission, FERC Market-Based Sales Tariff and Electric Power, L.L.C. (Liberty) (a) an the Public Utilities Commission of Ohio, requested certain waivers of the Interconnection Agreement, designated the Pennsylvania Public Utility Commission’s Regulations. as Service Agreement 496 under PJM Commission, the Virginia State Comment date: October 2, 2000, in Interconnection L.L.C.’s FERC Electric Corporation Commission, and the West accordance with Standard Paragraph E Tariff Third Revised Volume No. 1, to Virginia Public Service Commission. at the end of this notice. be effective on the initial operation date, and (b) a Construction Agreement, Comment date: October 2, 2000, in 15. Rochester Gas and Electric designated as PECO’s Rate Schedule accordance with Standard Paragraph E Corporation at the end of this notice. FERC No. 139, to be effective on 13 [Docket No. ER00–3622–000] September 2000. 11. MidAmerican Energy Company Take notice that on September 11, Copies of this filing were served on [Docket No. ER00–3618–000] 2000, Rochester Gas and Electric Liberty, PJM and the Pennsylvania Take notice that on September 11, Corporation (RG&E), tendered for filing Public Utility Commission. 2000, MidAmerican Energy Company a Market Based Service Agreement Comment date: October 2, 2000, in (MidAmerican), 666 Grand Avenue, Des between RG&E and AES Eastern Energy, accordance with Standard Paragraph E Moines, Iowa 50309, filed with the L.P. (Customer). This Service Agreement at the end of this notice. Commission four (4) Firm Transmission specifies that the Customer has agreed 18. California Independent System Service Agreement entered into by to the rates, term and conditions of Operator Corporation MidAmerican, as transmission provider, RG&E’s FERC Electric Rate Schedule, and MidAmerican, as wholesale Original Volume No. 3 (Power Sales [Docket No. ER00–3636–000] merchant. Each Agreement is dated Tariff) accepted by the Commission (80 Take notice that on September 11, September 1, 2000 and has been entered FERC ¶ 61,284) (1997)). 2000, the California Independent into pursuant to MidAmerican’s Open RG&E requests waiver of the System Operator Corporation (ISO), Access Transmission Tariff. Commission’s sixty (60) day notice tendered for filing a proposed MidAmerican requests an effective requirements and an effective date of amendment (Amendment No. 30) to the date of November 1, 2000, for each August 28, 2000, Virginia Power Service ISO Tariff. Amendment No. 30 would, Agreement and seeks a waiver of the Agreement. in compliance with the Commission’s Commission’s notice requirement. RG&E has served copies of the filing Order in San Diego Gas & Electric MidAmerican has served a copy of the on the New York State Public Service Company, et al., (92 FERC ¶ 61,172 filing on the Iowa Utilities Board, the Commission and on the Customer. (2000)), make certain changes to the ISO Illinois Commerce Commission and the Comment date: October 2, 2000, in Tariff to permit the ISO to engage in South Dakota Public Utilities accordance with Standard Paragraph E limited forward contracting and to Commission. at the end of this notice. allocate the costs for those contracts to Comment date: October 2, 2000, in 16. Ameren Services Company Scheduling Coordinators whose forward accordance with Standard Paragraph E schedules do not reflect their actual at the end of this notice. [Docket No. ER00–3623–000] real-time Demands. Take notice that on September 11, The ISO asks for waiver of Section 12. Dominion Nuclear Marketing II, 2000, Ameren Services Company 35.3 of the Commission’s Regulations to INC. (Ameren), tendered for filing a copy of permit Amendment No. 30 to become [Docket No. ER00–3619–000] its Open Access Transmission Tariff of effective upon its filing. Take notice that on September 11, the Ameren Operating Companies The ISO states that this filing has been 2000, Dominion Nuclear Marketing II, (OATT) reformatted to conform with served upon the Public Utilities Inc., tendered for filing its proposed Order No. 614 but with no changes to Commission of California, the California FERC Electric Market-Based Sales Tariff the currently effective text. Ameren also Energy Commission, the California
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Electricity Oversight Board, and all www.ferc.fed.us/ online/rims.htm (call 3. PSI Energy, Inc. parties with effective Scheduling 202–208–2222 for assistance). [Docket No. ER00–3608–000] Coordinator Agreements under the ISO David P. Boergers, Take notice that on September 8, Tariff. 2000, PSI Energy, Inc. (PSI), tendered Comment date: October 2, 2000, in Secretary. for filing the Transmission and Local accordance with Standard Paragraph E [FR Doc. 00–24088 Filed 9–19–00; 8:45 am] Facilities (T&LF) Agreement Calendar at the end of this notice. BILLING CODE 6717±01±P Year 1999 Reconciliation between PSI 19. New York Independent System and Wabash Valley Power Association, Operator, Inc. DEPARTMENT OF ENERGY Inc. (WVPA), and between PSI and [Docket No. ER00–3638–000] Indiana Municipal Power Agency Federal Energy Regulatory (IMPA). The T&LF Agreement has been Take notice that on September 11, Commission designated as PSI’s Rate Schedule FERC 2000, the New York Independent No. 253. System Operator, Inc. (NYISO), on [Docket No. EF00±4021±000, et al.] Copies of the filing were served on behalf of itself and the NEPOOL Wabash Valley Power Association, Inc., Participants, tendered for filing an Southwestern Power Administration, et the Indiana Municipal Power Agency Emergency Energy Transactions al.; Electric Rate and Corporate and the Indiana Utility Regulatory Agreement between it and the ISO New Regulation Filings Commission. England, Inc., as agent for the NEPOOL Comment date: September 29, 2000, Participants, pursuant to which either September 12, 2000. in accordance with Standard Paragraph party may purchase emergency energy Take notice that the following filings E at the end of this notice. together with a Certificate of have been made with the Commission: Concurrence executed by the NEPOOL 4. New England Power Pool 1. Southwestern Power Administration Participants. The NYISO also filed a [Docket No. ER00–3609–000] Notice of Cancellation of the [Docket No. EF00–4021–000] Take notice that on September 8, Interconnection Agreement between the Take notice that on September 7, 2000, the New England Power Pool New England Power Pool and the New 2000, The Deputy Secretary of Energy (NEPOOL) Participants Committee York Power Pool, dated April 4, 1977, filed a Department of Energy Rate Order submitted changes to Market Rules 2 as amended. No. SWPA–42 for information. This and 3 which allow for the short notice The parties request an effective date order temporarily extends the existing Self-Scheduling of pumping at pumped of August 14, 2000 and waiver of the Sam Rayburn Dam Project rate on an storage hydroelectric generating units. Commission’s notice requirements. interim basis for a period of one year A November 8, 2000 effective date has A copy of this filing was served upon beginning October 1, 2000. The been requested. the Parties to the New York temporary extension is made pursuant The NEPOOL Participants Committee Independent System Operator to 10 CFR 903.22(h) and 903.23(a)(3). states that copies of these materials were Agreement, the NEPOOL Participants, Comment date: October 3, 2000, in sent to the New England state governors ISO New England, Inc. and upon the accordance with Standard Paragraph E and regulatory commissions and the electric utility regulatory agencies in at the end of this notice. Participants in the New England Power New York, New Jersey, Pennsylvania, Pool. Connecticut, Maine, Massachusetts, 2. GenPower Kelly, LLC Comment date: September 29, 2000, New Hampshire, Rhode Island and [Docket No. EG00–254–000] in accordance with Standard Paragraph Vermont. E at the end of this notice. Comment date: October 2, 2000, in Take notice that on September 8, 5. Entergy Services, Inc. accordance with Standard Paragraph E 2000, GenPower Kelly, LLC (Applicant), at the end of this notice. a Delaware limited liability company, [Docket No. ER00–3610–000] whose address is 1040 Great Plain Take notice that on September 8, Standard Paragraphs Avenue, Needham, MA, filed with the 2000, Entergy Services, Inc. (Entergy), E. Any person desiring to be heard or Federal Energy Regulatory Commission on behalf of Entergy Arkansas, Inc., to protest such filing should file a an application for determination of Entergy Gulf States, Inc., Entergy motion to intervene or protest with the exempt wholesale generator status Louisiana, Inc., Entergy Mississippi, Federal Energy Regulatory Commission, pursuant to Part 365 of the Inc., and Entergy New Orleans, Inc. 888 First Street, NE., Washington, DC Commission’s regulations. (collectively, the Entergy Operating 20426, in accordance with Rules 211 Applicant intends to construct an Companies), submitted for filing an and 214 of the Commission’s Rules of approximate 1,086 MW natural gas-fired amended Exhibit A to the Network Practice and Procedure (18 CFR 385.211 combined cycle independent power Integration Transmission Service and 385.214). All such motions or production facility in Walker County, Agreement (NITSA) between Entergy, as protests should be filed on or before the Alabama (the Facility). The Facility is agent for the Entergy Operating comment date. Protests will be currently under development and will Companies, and East Texas Electric considered by the Commission in be owned by Applicant. Electric energy Cooperative, Inc. (ETEC), Sam Rayburn determining the appropriate action to be produced by the Facility will be sold by G&T Electric Cooperative, Inc. (SRG&T), taken, but will not serve to make Applicant to the wholesale power and Tex-La Electric Cooperative of protestants parties to the proceeding. market in the southern United States. Texas, Inc. (Tex-La). Entergy states that Any person wishing to become a party Comment date: October 3, 2000, in the amended Exhibit A reflects changes must file a motion to intervene. Copies accordance with Standard Paragraph E to certain points of delivery for Sam of these filings are on file with the at the end of this notice. The Houston Electric Cooperative, Inc. Commission and are available for public Commission will limit its consideration Comment date: September 29, 2000, inspection. This filing may also be of comments to those that concern the in accordance with Standard Paragraph viewed on the Internet at http:// adequacy or accuracy of the application. E at the end of this notice.
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6. Allegheny Energy Service 18 CFR 35.15, Notices of Cancellation of Company, L.L.C. (Cross Bay) and Corporation, on behalf of Monongahela Service Agreement Nos. 100 and 31 Transcontinental Gas Pipe Line Power Company, The Potomac Edison between ComEd and AYP Energy, Inc. Corporation (Transco) in Middlesex and Company, and West Penn Power (AYP) under ComEd’s Power Sales and Monmouth Counties, New Jersey and Company (Allegheny Power). Reassignment of Transmission Rights Queens and Nassau Counties, New 1 [Docket No. ER00–3611–000] Tariff and FERC Electric Market-Based York. These facilities would consist of Rate Schedule, respectively. about 37 miles of pipeline, a meter and Take notice that on September 8, ComEd requests an effective date of regulator station, and 16,000 2000, Allegheny Energy Service November 8, 2000 for the cancellations. horsepower (hp) of compression. This Corporation on behalf of Monongahela A copy of this filing was served on EA will be used by the Commission in Power Company, The Potomac Edison AYP. its decision-making process to Company and West Penn Power Comment date: September 29, 2000, determine whether the project is in the Company (Allegheny Power), filed in accordance with Standard Paragraph public convenience and necessity. Service Agreement Nos. 325 and 326 to E at the end of this notice. If you are a landowner receiving this add Alliance Energy Services notice, you may be contacted by a Standard Paragraphs Partnership to Allegheny Power’s Open pipeline company representative about Access Transmission Service Tariff E. Any person desiring to be heard or the acquisition of an easement to which has been accepted for filing by to protest such filing should file a construct, operate, and maintain the the Federal Energy Regulatory motion to intervene or protest with the proposed facilities. The pipeline Commission in Docket No. ER96–58– Federal Energy Regulatory Commission, company would seek to negotiate a 000. 888 First Street, N.E., Washington, D.C. mutually acceptable agreement. The proposed effective date under the 20426, in accordance with Rules 211 However, if the project is approved by Service Agreements is September 7, and 214 of the Commission’s Rules of the Commission, that approval conveys 2000 or a date ordered by the Practice and Procedure (18 CFR 385.211 with it the right of eminent domain. Commission. and 385.214). All such motions or Copies of the filing have been Therefore, if easement negotiations fail protests should be filed on or before the provided to the Public Utilities to produce an agreement, the pipeline comment date. Protests will be Commission of Ohio, the Pennsylvania company could initiate condemnation considered by the Commission in Public Utility Commission, the proceedings in accordance with state determining the appropriate action to be Maryland Public Service Commission, law. taken, but will not serve to make A fact sheet prepared by the FERC the Virginia State Corporation protestants parties to the proceeding. entitled ‘‘An Interstate Natural Gas Commission, and the West Virginia Any person wishing to become a party Facility On My Land? What Do I Need Public Service Commission. must file a motion to intervene. Copies Comment date: September 29, 2000, To Know?’’ was attached to the project of these filings are on file with the in accordance with Standard Paragraph notice Cross Bay provided to Commission and are available for public E at the end of this notice. landowners. This fact sheet addresses a inspection. This filing may also be number of typically asked questions, 7. Commonwealth Edison Company viewed on the Internet at http:// including the use of eminent domain [Docket No. ER00–3612–000] www.ferc.fed.us/ online/rims.htm (call and how to participate in the 202–208–2222 for assistance). Take notice that on September 8, Commission’s proceedings. It is available for viewing on the FERC 2000, Commonwealth Edison Company David P. Boergers, Internet website (www.ferc.fed.us). (ComEd) tendered for filing pursuant to Secretary. Section 35.15 of the Federal Energy [FR Doc. 00–24089 Filed 9–19–00; 8:45 am] Summary of the Proposed Project Regulatory Commission’s regulations, BILLING CODE 6717±01±P Cross Bay proposes to expand the 18 CFR 35.15, Notices of Cancellation of capacity of facilities in New Jersey and Service Agreement Nos. 138 and 84 New York to transport an additional between ComEd and Columbia Energy DEPARTMENT OF ENERGY 125,000 dekatherms per day of natural Power Marketing Corp. (Columbia) gas to KeySpan Energy Delivery New Federal Energy Regulatory under ComEd’s Power Sales and York and KeySpan Energy Delivery Commission Reassignment of Transmission Rights Long Island. Cross Bay proposes to: Tariff and FERC Electric Market-Based [Docket No. CP00±412±000] • Acquire, hydrostatic test, and Rate Schedule, respectively. replace sections of 3.27 miles of ComEd requests an effective date of Cross Bay Pipeline Company, L.L.C. Transco’s 42-inch-diameter Cross Bay August 1, 2000 for the cancellations and and Transcontinental Gas Pipe Line Extension in Middlesex County, New accordingly requests waiver of the Corporation; Notice of Intent To Jersey; Commission’s regulations. Prepare an Environmental Assessment • Acquire and uprate by hydrostatic A copy of this filing was served on for the Proposed Cross Bay Project testing 33.66 miles of Transco’s 26-inch- Columbia. and Request for Comments on diameter Cross Bay Extension crossing Comment date: September 29, 2000, Environmental Issues Middlesex and Monmouth Counties, in accordance with Standard Paragraph New Jersey and Queens and Nassau E at the end of this notice. September 14, 2000. Counties, New York; The staff of the Federal Energy 8. Commonwealth Edison Company • Acquire Transco’s Morgan and Long Regulatory Commission (FERC or [Docket No. ER00–3613–000] Beach Meter Stations in Middlesex Commission) will prepare an County, New Jersey and Nassau County, Take notice that on September 8, environmental assessment (EA) that will New York, respectively; and 2000, Commonwealth Edison Company discuss the environmental impacts of (ComEd) tendered for filing pursuant to the Cross Bay Project involving the 1 Cross Bay’s application was filed with the Section 35.15 of the Federal Energy transfer, construction and operation of Commission under Section 7 of the Natural Gas Act Regulatory Commission’s regulations, facilities by Cross Bay Pipeline and Part 157 of the Commission’s regulations.
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• Construct and operate a 16,000- portions of the project, and make service list for this proceeding. If you horsepower Cross Bay Compressor recommendations on how to lessen or want to become an intervenor you must Station and Cross Bay Meter Station at avoid impacts on the various resource file a motion to intervene according to the same location in Middlesex County, areas. Rule 214 of the Commission’s Rules of New Jersey. Our independent analysis of the Practice and Procedure (18 CFR The applicants also request the issues will be in the EA. Depending on 385.214) (see appendix 2). Only abandonment of Transco’s pipeline the comments received during the intervenors have the right to seek facilities by transfer to Cross Bay. The scoping process, the EA may be rehearing of the Commission’s decision. location of the project facilities is shown published and mailed to Federal, state, Affected landowners and parties with in appendix 1.2 and local agencies, public interest environmental concerns may be granted groups, interested individuals, affected Land Requirements for Construction intervenor status upon showing good landowners, newspapers, libraries, and cause by stating that they have a clear Construction of the proposed facilities the Commission’s official service list for and direct interest in this proceeding would require about 49.9 acres of land. this proceeding. A comment period will which would not be adequately Following construction, about 11.5 acres be allotted for review if the EA is represented by any other parties. You do would be maintained as new published. We will consider all not need intervenor status to have your aboveground facility sites. The comments on the EA before we make environmental comments considered. remaining 38.4 acres of land would be our recommendations to the Additional information about the restored and allowed to revert to its Commission. proposed project is available from the former use. To ensure your comments are Commission’s Office of External Affairs The EA Process considered, please carefully follow the at 208–0004 or on the FERC website instructions in the public participation (www.ferc.fed.us) using the ‘‘RIMS’’ The National Environmental Policy section below. link to information in this docket Act (NEPA) requires the Commission to number. Click on the ‘‘RIMS’’ link, take into account the environmental Public Participation select ‘‘Docket #’’ from the RIMS Menu, impacts that could result from an action You can make a difference by and follow the instructions. For whenever it considers the issuance of a providing us with your specific assistance with access to RIMS, the Certificate of Public Convenience and comments or concerns about the project. RIMS helpline can be reached at (202) Necessity. NEPA also requires us to By becoming a commentor, your 208–2222. discover and address concerns the concerns will be addressed in the EA Similarly, the ‘‘CIPS‘‘ link on the public may have about proposals. We 3 and considered by the Commission. You FERC Internet website provides access call this ‘‘scoping.’’ The main goal of the should focus on the potential to the texts of formal documents issued scoping process is to focus the analysis environmental effects of the proposal, by the Commission, such as orders, in the EA on the important alternatives to the proposal (including notices and rulemakings. From the environmental issues. By this Notice of alternative locations), and measures to FERC Internet website, click on the Intent, the Commission requests public avoid or lessen environmental impact. ‘‘CIPS’’ link, select ‘‘Docket #’’ from the comments on the scope of the issues it The more specific your comments, the CIPS menu, and follow the instructions. will address in the EA. All comments more useful they will be. Please For assistance with access to CIPS, the received are considered during the carefully follow these instructions to CIPS helpline can be reached at (202) preparation of the EA. State and local ensure that your comments are received 208–2474. government representatives are in time and properly recorded: encouraged to notify their constituents • Send two copies of your letter to: Linwood A. Watson, Jr., of this proposed action and encourage David P. Boergers, Secretary, Federal Acting Secretary, them to comment on their areas of Energy Regulatory Commission, 888 [FR Doc. 00–24091 Filed 9–19–00; 8:45 am] concern. First St., N.E., Room 1A, Washington, BILLING CODE 6717±01±M The EA will discuss impacts that DC 20426. could occur as a result of the • Label one copy of the comments for construction and operation of the the attention of Gas 1. DEPARTMENT OF ENERGY proposed project under these general • Reference Docket No. CP00–412– headings: 000. Federal Energy Regulatory • Geology and soils • Mail your comments so that they Commission • Water resources, fisheries, and will be received in Washington, DC on wetlands or before October 16, 2000. Notice of Application for Transfer of • Vegetation and wildlife License and Soliciting Comments, • Endangered and threatened species Becoming an Intervenor Motions to Intervene, and Protests • Land use In addition to involvement in the EA • Cultural resources scoping process, you may want to September 14, 2000. • Air quality and noise Take notice that the following • become an official party to the Public safety proceeding known as an ‘‘intervenor’’. hydroelectric application has been filed We will also evaluate possible Intervenors play a more formal role in with the Commission and is available alternatives to the proposed project or the process. Among other things, for public inspection: a. Application Type: Transfer of 2 intervenors have the right to receive The appendices referenced in this notice are not License. being printed in the Federal Register. Copies are copies of case-related Commission available from the Commission’s Public Reference documents and filings by other b. Project No: 3511–011. and Files Maintenance Branch, 888 First Street, intervenors. Likewise, each intervenor c. Date Filed: August 15, 2000. NE., Washington, DC 20426, or call (202) 208–1371. must provide 14 copies of its filings to d. Applicants: UAH-Groveville Hydro Copies of the appendices were sent to all those receiving this notice in the mail. the Secretary of the Commission and Associates and Central Hudson Gas & 3 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the must send a copy of its filings to all Electric Corporation. environmental staff of the Office of Energy Projects. other parties on the Commission’s e. Name of Project: Groveville Power.
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f. Location: The project is located on Commission’s Rules may become a i. FERC Contact: Robert Bell, (202) Fishkill Creek in Dutchess County, New party to the proceeding. Any comments, 219–2806. York. The project does not utilize protests, or motions to intervene must j. Deadline for filing motions to federal or tribal lands. be received on or before the specified intervene, protests and comments: 60 g. Filed Pursuant to: Federal Power comment date for the particular days from the issuance date of this Act, 16 U.S.C. §§ 791(a)–825(r). application. notice. h. Applicant Contacts: UAH- o. Filing and Service of Responsive All documents (original and eight Groveville Hydro Associates: Judith Documents—Any filings must bear in copies) should be filed with: David P. Lagano, UAH Management Corp., c/o all capital letters the title Boergers, Secretary, Federal Energy United American Hydropower Corp., 50 ‘‘COMMENTS’’, Regulatory Commission, 888 First Tice Blvd., Woodcliff Lake, NJ 07675; ‘‘RECOMMENDATIONS FOR TERMS Street, NE., Washington, DC 20426. and Central Hudson Gas & Electric AND CONDITIONS’’, ‘‘PROTEST’’, OR The Commission’s Rules of Practice Corporation: William J. Madden, Jr., ‘‘MOTION TO INTERVENE’’, as and Procedure require all interveners John A. Wittaker, IV, Winston & Strawn, applicable, and the Project Number of filing documents with the Commission 1400 L Street, N.W., Washington, D.C. the particular application to which the to serve a copy of that document on 20005, (202) 371–5700 and Ronald P. filing refers. A copy of any motion to each person in the official service list Brand, Senior Vice President—Special intervene must also be served upon each for the project. Further, if an intervener Projects, Central Hudson Gas & Electric representative of the Applicant files comments or documents with the Corporation, 284 South Avenue, specified in the particular application. Commission relating to the merits of an issue that may affect the responsibilities Poughkeepsie, NY 12601, (845) 486– p. Agency Comments—Federal, state, of a particular resource agency, they 5260. and local agencies are invited to file must also serve a copy of the document i. FERC Contact: Any questions on comments on the described application. this notice should be addressed to Dave on that resource agency. A copy of the application may be k. Description of Project: The Snyder at (202) 219–2385. obtained by agencies directly from the j. Deadline for filing comments and or proposed project would consist of: (1) a Applicant. If an agency does not file 9-foot-high concrete Diversion weir; (2) motions: October 19, 2000. comments within the time specified for All documents (original and eight an impoundment having a surface area filing comments, it will be presumed to copies) should be filed with: David P. of 6 acres with negligible storage and a have no comments. One copy of an Boergers, Secretary, Federal Energy normal water surface elevation of 8,610 agency’s comments must also be sent to Regulatory Commission, 888 First feet msl; (3) a 7,000-foot-long, 54-inch- the Applicant’s representatives. Street, NE., Washington, DC 20426. diameter steel penstock; (4) a Please include the Project Number Linwood A. Watson, Jr., powerhouse containing one generating (3511–011) on any comments or Acting Secretary. unit with an installed capacity of 4.6 motions filed. [FR Doc. 00–24095 Filed 9–19–00; 8:45 am] MW; (5) a 150-foot-long 12.5 kV k. Description of Transfer: UAH- transmission line; and (6) appurtenant BILLING CODE 6717±01±M Groveville Hydro Associates facilities. (transferor), licensee of the Groveville The project would have an annual Power Project, and Central Hudson Gas DEPARTMENT OF ENERGY generation of 1 GWh that would be sold & Electric Corporation (transferee) to a local utility. Please Note that Public jointly and severally apply for approval Federal Energy Regulatory Law number 105–212 authorizes the of the transfer of the project license to Commission Commission to grant the current the transferee. licensee of this project an extension l. Locations of the Application: A Notice of Application Accepted for providing the record supports it. An copy of the application is available for Filing and Soliciting Motions To extension request is pending before the inspection and reproduction at the Intervene, Protests, and Comments Commission. If this extension is Commission’s Public Reference Room, granted, the license for this project located at 888 First Street, NE., Room September 14, 2000. would be reinstated and this 2A, Washington, DC 20426, or by calling Take notice that the following preliminary permit application would (202) 208–1371. The application may be hydroelectric application has been filed be denied. viewed on the web at www.ferc.fed.us/ with the Commission and is available l. A copy of the application is online/rims.htm. Call (202) 208–2222 for public inspection: available for inspection and for assistance. A copy is also available a. Type of Application: Preliminary reproduction at the Commission’s for inspection and reproduction at the Permit. Public Reference Room, located at 888 address in item h above. b. Project No.: 11586–000. First Street, NE., Room 2A, Washington, m. Individuals desiring to be included c. Date filed: July 15, 2000. DC 20426, or by calling (202) 208–1371. on the Commission’s mailing list should d. Applicant: Town of Telluride, The application may be viewed on so indicate by writing to the Secretary Colorado. http://www.ferc.fed.us/online/rims.htm of the Commission. e. Name of Project: San Miguel (call (202) 208–2222 for assistance). A n. Comments, Protests, or Motions to Project. copy is also available for inspection and Intervene—Anyone may submit f. Location: On San Miguel River, in reproduction at the address in item h comments, a protest, or a motion to San Miguel County, Colorado. The above. intervene in accordance with the project would utilize no federal lands or m. Preliminary Permit—Anyone requirements of Rules of Practice and facilities. desiring to file a competing application Procedure, 18 CFR 385.210, .211, .214. g. Filed Pursuant to: Federal Power for preliminary permit for a proposed In determining the appropriate action to Act, 16 U.S.C. §§ 791(a)–825(r). project must submit the competing take, the Commission will consider all h. Applicant Contact: Ms. Margaret application itself, or a notice of intent to protests or other comments filed, but Curran, Town Manager, Town of file such an application, to the only those who file a motion to Telluride, P.O. Box 397, Telluride, Commission on or before the specified intervene in accordance with the Colorado 81435, (970) 728–3071. comment date for the particular
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56886 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices application (see 18 CFR 4.36). r. Filing and Service of Responsive especially to children, EPA intends to Submission of a timely notice of intent Documents—Any filings must bear in grant the requested cancellations and allows an interested person to file the all capital letters the title amendments to delete uses. EPA also competing preliminary permit ‘‘COMMENTS’’, plans to issue a cancellation order for application no later than 30 days after ‘‘RECOMMENDATIONS FOR TERMS the deleted uses and the canceled the specified comment date for the AND CONDITIONS’’, ‘‘PROTEST’’, OR registrations at the close of the comment particular application. A competing ‘‘MOTION TO INTERVENE’’, as period for this announcement. Upon the preliminary permit application must applicable, and the Project Number of issuance of the cancellation order, any conform with 18 CFR 4.30(b) and 4.36. the particular application to which the distribution, sale, or use of chlorpyrifos n. Preliminary Permit—Any qualified filing refers. A copy of any motion to products will only be permitted if such development applicant desiring to file a intervene must also be served upon each distribution, sale, or use is consistent competing development application representative of the Applicant with the terms of that order. In addition, must submit to the Commission, on or specified in the particular application. EPA is announcing its intention to before a specified comment date for the s. Agency Comments—Federal, state, revoke the tolerance for chlorpyrifos particular application, either a and local agencies are invited to file residues in or on tomatoes and to lower competing development application or a comments on the described application. the tolerance for chlorpyrifos residues notice of intent to file such an A copy of the application may be in or on apples and grapes. application. Submission of a timely obtained by agencies directly from the DATES: Comments on the requested notice of intent to file a development Applicant. If an agency does not file amendments to delete uses and the application allows an interested person comments within the time specified for requested registration cancellations to file the competing application no filing comments, it will be presumed to must be submitted to the address later than 120 days after the specified have no comments. One copy of an provided below and identified by comment date for the particular agency’s comments must also be sent to docket control number OPP–34203D. application. A competing license the Applicant’s representatives. Comments must be received on or application must conform with 18 CFR before October 20, 2000. 4.30(b) and 4.36. Linwood A. Watson, Jr., o. Notice of intent—A notice of intent Acting Secretary. ADDRESSES: Comments may be must specify the exact name, business [FR Doc. 00–24096 Filed 9–19–00; 8:45 am] submitted by mail, electronically, or in address, and telephone number of the BILLING CODE 6717±01±M person. Please follow the detailed prospective applicant, and must include instructions for each method as an unequivocal statement of intent to provided in Unit I. of the submit, if such an application may be ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION. To ensure filed, either a preliminary permit AGENCY proper receipt by EPA, it is imperative application or a development that you identify docket control number application (specify which type of [OPP±34203D; FRL±6743±7] OPP–34203D in the subject line on the first page of your response. application). A notice of intent must be Chlorpyrifos; Receipt of Requests for served on the applicant(s) named in this Amendments, Cancellations, and FOR FURTHER INFORMATION CONTACT: Tom public notice. Notification of Tolerance Revocation Myers, Special Review and p. Proposed Scope of Studies under and Modifications Reregistration Division (7508C), Office Permit—A preliminary permit, if issued, of Pesticide Programs, Environmental does not authorize construction. The AGENCY: Environmental Protection Protection Agency, 1200 Pennsylvania term of the proposed preliminary permit Agency (EPA). Ave., NW., Washington, DC 20460; would be 36 months. The work ACTION: Notice. telephone number: 703 308–8589; fax proposed under the preliminary permit number: 703–308–8041; e-mail address: would include economic analysis, SUMMARY: The companies that hold the [email protected]. preparation of preliminary engineering pesticide registrations of SUPPLEMENTARY INFORMATION: plans, and a study of environmental manufacturing–use pesticide products impacts. Based on the results of these containing chlorpyrifos [O,O-diethyl O- I. General Information studies, the Applicant would decide (3,5,6–trichloro–2– A. Does this Action Apply to Me? whether to proceed with the preparation pyridinyl)phosphorothioate] have asked of a development application to EPA to cancel their registrations for This action is directed to the public construct and operate the project. these products. In addition, these in general. You may be potentially q. Comments, Protests, or Motions to companies have asked EPA to cancel or affected by this action if you Intervene—Anyone may submit amend their registrations for end–use manufacture, sell, distribute, or use comments, a protest, or a motion to products containing chlorpyrifos. chlorpyrifos products. The intervene in accordance with the Pursuant to section 6(f)(1) of the Federal Congressional Review Act, 5 U.S.C. 801 requirements of Rules of Practice and Insecticide, Fungicide, and Rodenticide et seq., as added by the Small Business Procedure, 18 CFR 385.210, .211, .214. Act (FIFRA), EPA is announcing the Regulatory Enforcement Fairness Act of In determining the appropriate action to Agency’s receipt of these requests from 1996, does not apply because this action take, the Commission will consider all the registrants. These requests for is not a rule, for purposes of 5 U.S.C. protests or other comments filed, but voluntary cancellation and amendment 804(3). Since other entities may also be only those who file a motion to are the result of a memorandum of interested, the Agency has not intervene in accordance with the agreement signed by EPA and a number attempted to describe all the specific Commission’s Rules may become a of registrants of products containing entities that may be affected by this party to the proceeding. Any comments, chlorpyrifos on June 7, 2000, and action. If you have any questions protests, or motions to intervene must ancillary agreements signed by other regarding the applicability of this action be received on or before the specified registrants shortly thereafter. Given the to a particular entity, consult the person comment date for the particular potential risks, both dietary and non– listed under FOR FURTHER INFORMATION application. dietary, that chlorpyrifos use poses, CONTACT.
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B. How Can I Get Additional Agency, 1200 Pennsylvania Ave., NW., 4. If you estimate potential burden or Information, Including Copies of this Washington, DC 20460. costs, explain how you arrived at the Document and Other Related 2. In person or by courier. Deliver estimate that you provide. Documents? your comments to: Public Information 5. Provide specific examples to and Records Integrity Branch (PIRIB), 1. Electronically. You may obtain illustrate your concerns. Information Resources and Services electronic copies of this document, and 6. Offer alternative ways to improve Division (7502C), Office of Pesticide certain other related documents that the notice or collection activity. Programs (OPP), Environmental 7. Make sure to submit your might be available electronically, from Protection Agency, Rm. 119, Crystal comments by the deadline in this the EPA Internet Home Page at http:// Mall #2, 1921 Jefferson Davis Hwy., notice. www.epa.gov/. To access this Arlington, VA. The PIRIB is open from 8. To ensure proper receipt by EPA, document, on the Home Page select 8:30 a.m. to 4 p.m., Monday through be sure to identify the docket control ‘‘Laws and Regulations,’’ ‘‘Regulations Friday, excluding legal holidays. The number assigned to this action in the and Proposed Rules’’ and then look up PIRIB telephone number is (703) 305– subject line on the first page of your the entry for this document under the 5805. response. You may also provide the ‘‘Federal Register—Environmental 3.Electronically. You may submit your name, date, and Federal Register Documents.’’ You can also go directly to comments electronically by e–mail to: citation. the Federal Register listings at http:// [email protected], or you can submit www.epa.gov/fedrgstr/. To access II. Receipt of Requests to Cancel and a computer disk as described above. Do information about the risk assessment Amend Registrations to Delete Uses. not submit any information for chlorpyrifos, go to the Home Page for electronically that you consider to be A. Background the Office of Pesticide Programs or go CBI. Avoid the use of special characters directly to http://www.epa.gov/ In a memorandum of agreement and any form of encryption. Electronic pesticides/op/chlorpyrifos.htm. (Agreement) effective June 7, 2000, EPA submissions will be accepted in 2. In person. The Agency has and a number of registrants of pesticide WordPerfect 6.1/8.0 or ASCII file established an official record for this products containing chlorpyrifos agreed format. All comments in electronic form action under docket control number to several voluntary measures that will must be identified by docket control OPP–34203D. The official record reduce the potential exposure to number OPP–34203D. Electronic consists of the documents specifically children associated with chlorpyrifos comments may also be filed online at referenced in this action, any public containing products. Shortly thereafter, many Federal Depository Libraries. comments received during an applicable EPA and several other pesticide comment period, and other information D. How Should I Handle CBI that I Want registrants of manufacturing–use related to this action, including any to Submit to the Agency? products containing chlorpyrifos signed information claimed as Confidential Do not submit any information ancillary agreements in which the Business Information (CBI). This official electronically that you consider to be parties agreed to comply with the terms record includes the documents that are CBI. You may claim information that of the June 7, 2000, agreement. EPA physically located in the docket, as well you submit to EPA in response to this initiated the negotiations with as the documents that are referenced in document as CBI by marking any part or registrants after finding chlorpyrifos, as those documents. The public version of all of that information as CBI. currently registered, was an exposure the official record does not include any Information so marked will not be risk especially to children. As part of information claimed as CBI. The public disclosed except in accordance with the Agreement, the signatory registrants version of the official record, which procedures set forth in 40 CFR part 2. that hold the pesticide registrations of includes printed, paper versions of any In addition to one complete version of manufacturing–use pesticide products electronic comments submitted during the comment that includes any containing chlorpyrifos have asked EPA an applicable comment period, is information claimed as CBI, a copy of to cancel their registrations for these available for inspection in the Public the comment that does not contain the products. In addition, these companies Information and Records Integrity information claimed as CBI must be have asked EPA to cancel or amend Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public their registrations for end–use products #2, 1921 Jefferson Davis Hwy., version of the official record. containing chlorpyrifos. Pursuant to Arlington, VA, from 8:30 a.m. to 4 p.m., Information not marked confidential section 6(f)(1) of FIFRA, EPA is Monday through Friday, excluding legal will be included in the public version announcing the Agency’s receipt of holidays. The PIRIB telephone number of the official record without prior these requests from the registrants. With is (703) 305–5805. notice. If you have any questions about respect to the registration amendments, the companies have asked EPA to C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, please consult the person listed under amend end–use product registrations to Comments? delete the following uses: all termite FOR FURTHER INFORMATION CONTACT. You may submit comments through control uses (these will be phased out); the mail, in person, or electronically. To E. What Should I Consider as I Prepare all residential uses (except for ant and ensure proper receipt by EPA, it is My Comments for EPA? roach baits in child resistant packaging imperative that you identify docket You may find the following (CRP) and fire ant mound drenches for control number OPP–34203D in the suggestions helpful for preparing your public health purposes by licensed subject line on the first page of your comments: applicators and mosquito control for response. 1. Explain your views as clearly as public health purposes by public health 1. By mail. Submit your comments to: possible. agencies); all indoor non–residential Public Information and Records 2. Describe any assumptions that you uses (except ship holds, industrial Integrity Branch (PIRIB), Information used. plants, manufacturing plants, food Resources and Services Division 3. Provide copies of any technical processing plants, and containerized (7502C), Office of Pesticide Programs information and/or data you used that baits in CRP); all outdoor non– (OPP), Environmental Protection support your views. residential sites (except golf courses,
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56888 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices road medians, industrial plant sites, active ingredient (a.i.) for termiticide cancellation or suspension proceedings non–structural wood treatments, and uses that will be phased out, limit the under section 6(b) or 6(c) of FIFRA with fire ant mound drenches for public maximum label application rate for respect to the issues addressed in the health purposes by licensed applicators outdoor non–residential use on golf Agreement. and mosquito control for public health courses, road medians, and industrial B. Requests for Voluntary Cancellation purposes by public health agencies); plant sites to 1 lb/a.i. per acre, and of Manufacturing–Use Products and use on tomatoes and post–bloom either classify all new/amended apple trees. With respect to the chlorpyrifos products (except baits in Pursuant to the Agreement and FIFRA registration cancellations, the CRP) as Restricted Use or package the section 6(f)(1)(A), the registrants have companies have submitted replacement products in large containers, depending submitted requests for voluntary applications for registration with new on the formulation type, to ensure that cancellation of registrations for their labeling that would also eliminate all of remaining chlorpyrifos products are not manufacturing–use products. The these uses. In addition, the companies available to homeowners. In return, EPA registrations for which cancellations agreed to limit the maximum stated that with this Agreement, it had were requested are identified in the chlorpyrifos end–use dilution to 0.5% no current intention to initiate any following Table 1:
TABLE 1.Ð MANUFACTURING ±USE PRODUCT REGISTRATION CANCELLATION REQUESTS
Company Reg. No. Product
Aventis Environmental Science USA 432±570: Ultratec Insecticide w/ SBP±1382/ Chlorpyrifos Trans. E.C. 1.6%± 16% 432 ±571: Ultratec Insecticide w/ SBP±1382/ Chlorpyrifos Trans. E.C. 3.2%± 16% 432±615: Ultratec Insecticide w/ Chlorpyrifos/Esbiothrin Trans. E.C. 2.5%± 25% 432±649: Ultratec Insecticide w/ SBP±1382/ Chlorpyrifos Trans. E.C. 1.6%± 16% 432±661: Ultratec Insecticide w/ Chlorpyrifos/ Esbiothrin Trans. 432±662: Ultratec Insecticide w/ Chlorpyrifos Trans. Emuls. 25% 432±682: Ultratec Insecticide w/ Chlorpyrifos/Pyr/PBO Trans. Emuls. 1.5± 7.5±15 432±692: Ultratec Insecticide w/ SBP±1382/ Chlorpyrifos Trans. E.C. 3.2%± 16% LO 432±718: SBP±1382/ Chlorpyrifos Trans. E.C. 3.2%±16% LO For Pres. Spray 432±1019: Niagara P-D 5 Residual Insecticide Intermediate 432±1095: Pyrenone Dursban Aqueous Base 432±1104: Pyrenone Dursban W-B 432±1106: Pyrenone Dursban Aqueous Base II Verdant Brands, Inc. 769±690: SMCP DFC-4 Formulators Concentrate McLaughlin Gormley King Company 1021±1215: Pyrocide Intermediate 7129 1021±1220: D-Trans Intermediate 1957 1021±1221: Pyrocide Intermediate 7130 1021±1434: Esbiol Intermediate 2235 1021±1438: D-Trans Intermediate 2247 1021±1444: Multicide Intermediate 2253 1021±1506: D-Trans Intermediate 2321 1021±1707: Multicide Concentrate 2748 1021±1717: Multicide Intermediate 2745 Griffin LLC 1812±429: Questor MUP Insecticide Cheminova, Inc. 4787±27: Chlorpyrifos Technical 4787±29: Cyren MUC 4787±30: Cyren 150 Concentrate 4787±32: Cyren RT 3M Company 10350± 10: Dursban 20 MEC Makhteshim-Agan of North America Inc 11678±45: Pyrinex Chlorpyrifos Insecticide Platte Chemical Company 34704±801: Chlorpyrifos Technical Luxembourg Industries (Pamol) Ltd. 42519±17: Dorsan Technical Insecta Sales & Research, Inc. 45600±6: Insecta No. 105 Micro-Flo Company 51036±217: Chlorpyrifos 61.5% MUP Control Solutions, Inc 53883±34: Martin's 6 lb. Chlorpyrifos Dow AgroSciences LLC 62719±15: Dursban F Insecticidal Chemical 62719±44: Dursban R 62719±45: Dursban 30 SEC 62719±66: Dursban HF Insecticidal Concentrate 62719±76: Lentrek 6 62719±78: Dursban W Insecticidal Chemical 62719±225: XRM±5222 Gharda USA, Inc 70907±1: Chlorpyrifos Technical 70907±6: Chlorpyrifos 6 Manufacturing Concentrate 70907±14: Chlorpyrifos 4 Manufacturing Concentrate
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Under section 6(f)(1)(A) of FIFRA, or (2) the Administrator determines that close of the comment period for this registrants may request, at any time, that continued use of the pesticide would announcement. EPA cancel any of their pesticide pose an unreasonable adverse effect on C. Requests for Voluntary Cancellation registrations. Section 6(f)(1)(B) of FIFRA the environment. The registrants have of End–Use Products requires that EPA provide a 30-day requested that EPA waive the 180-day period in which the public may comment period. In light of this request, In addition to requesting voluntary comment before the Agency may act on EPA is granting the request to waive the cancellation of manufacturing–use the request for voluntary cancellation. 180-day comment period and is products, several registrants have In addition, section 6(f)(1)(C) of FIFRA providing a 30-day public comment submitted requests for voluntary requires that EPA provide a 180-day period before taking action on the cancellation of some of their comment period on a request for requested cancellations. Given the registrations for end–use pesticide voluntary termination of any minor potential risks, both dietary and non– products containing chlorpyrifos. The agricultural use before granting the dietary, that chlorpyrifos use poses, end–use registrations for which request, unless (1) the registrants especially to children, EPA intends to cancellation was requested are request a waiver of the comment period, grant the requested cancellations at the identified in the following Table 2:
TABLE 2.ÐEND±USE PRODUCT REGISTRATION CANCELLATION REQUESTS
Company Reg. No. Product
Aventis Environmental Science USA 432±566 SBP±1382/ Chlorpyrifos Transparent Emulsion Spray 0.05% + 0.5% 432±567: SBP±1382/ Chlorpyrifos Transparent Emulsion Dilutable Conc. 1.6% + 16% 432±568 Ultratec Insecticide w/ SBP±1382/ ChlorpyTrans. EM. Dil.Conc. 3.2% + 16% 432±569: SBP±1382/ Chlorpyrifos Transparent Emulsion Spray 0.1 % + 0.5% 432±1027: Pyrenone Dursban Roach & Ant Spray' 432±1059: Pyrenone Dursban Dual Use E.C. 432±1101: Aqueous Residual Spray 432±1107: Pyrenone Dursban Water±Based Pressurized Spray Verdant Brands, Inc 769±562: Mole Cricket Bait ``D'' 769±576: Sureco Indoor Pest Control 769±578: Sureco Yard and Kennel Spray Concentrate 769±607: R&M Insect Spray with Resmethrin/Dursban 769±666: Dursban 1E Insecticide 769±668: SMCP D/V 217 Insecticide 769±672: SMCP Residual Roach Spray 769±685: SMCP Dursban Household Insecticide 769±694: SMCP Xtraban Roach Concentrate 769±697: SMCP Dursban Plus Turf Insecticide 769±715: SMCP Lawn±Gard Spray 769±716: SMCP Lawn and Ornamental Spray 769±717: Dursban .8% Granular Insecticide 769±721: SMCP Dursban Granular Insecticide 769±731: SMCP Home Lawn and Ornamental Spray 769±735: SMCP Dursban Cricket Bait ι200 769±737: SMCP Blatta±Bits Roach bait Insecticide 769±738: Frank's Finest Roach/Flea Spray 769±781: AFC Residual Insect Spray 769±800: Superior Dursban 4E Emulsifiable Concentrate 769±801: Superior Dursban 2E 769±804: Superior Delve Concentrate 769±826: Sureco T.A.S.K 769±827: Dursban Plus Dichlovos 769±828: Dursban 1.4% G 769±829: SMCP 32±4±7 Fertilizer with Dursban 769±831: SMCP 40±0±0 with Dursban 769±873: Dursban 135 EC 769±880: Pratt Dursban 250 EC 769±936: Warner Enterprises Residual Spray 769±952: Dursban G5 Granular 769±953: Pratt Dursban G232 Granular Lawn Insect Control for Profes- sional Use 769±962: Ulti±Mate Homeowner pest Control Concentrate McLaughlin Gormley King Company 1021±1362: Pyrocide Concentrate 7254 1021±1416: Pyrocide Residual Contact Spray 7335 1021±1435: Esbiol Residual Contact Spray 2236 1021±1439: D±Trans Concentrate 2249 1021±1605: D±Trans Residual Spray 2580 1021±1668: Evercide Residual Spray 2640 1021±1693: Evercide Residual Pump Spray 2641 1021±1716: Multicide Pressurized Ant and Roach Spray 27451 Griffin LLC 1812±427: Pyrinex 4EC Insecticide
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TABLE 2.ÐEND±USE PRODUCT REGISTRATION CANCELLATION REQUESTSÐContinued
Company Reg. No. Product
1812±428: Pyrinex 2 EC Area Insecticide 1812±443: Questor LO Insecticide 3M Company 10350±12: Duratrol Yard Spray Concentrate Luxembourg Industries (Pamol) Ltd. 42519±18: Dorsan 4E±41 Micro±Flo Company 51036±102: Chlorpyrifos 0.5% RTU 51036±118: Chlorpyrifos 4E LO Insecticide 51036±119: Chlorpyrifos 1E 51036±223: Chloroban 4±E 51036±303: Chlorpyrifos 5.3% Control Solutions, Inc. 53883±36: Martin's Surrender Chlorpyrifos TC 53883±37: Martin's Chlorpyrifos 2E 53883±49: Martin's Dursban 1L Lawn and Ornamental Plant Insecticide 53883±53: Martin's Dursban Pest Control 53883±55: Martin's Termite and Soil Insect Control Dow AgroSciences LLC 62719±22: Dursban 25W 62719±23: Lorsban 4E 62719±29: Lorsban1±PE 62719±41: Dursban 4 Plus 62719±46: Dursban WB05 62719±55: Dursban LO 62719±56: Dursban 1±12 Insecticide 62719±74: Dursban ME 62719±85: Lorsban 7.5 G 62719±163: Dursban 50 DF 62719±197: Dursban WB05 III 62719±235: Dursban Lawn and Ornamental Insecticide 62719±252: Dursban 50WSP Insecticide in Water Soluble Packets 62719±269: Dursban NXS±4 62719±281: Dursban NXS05 62719±283: Dursban ME02 + ETOC 62719±284: Dursban NXS±6 62719±298: Dursban ME 1.7 Cheminova, Inc. 67760±5: Cyren 1E 67760±22: Cheminova Chlorpyrifos 4E±AG±SG 67760±23: Cyren Turf and Ornamental Insecticide 67760±24: Cyren 1/2 G Granular Insecticide 67760±25: Cyren 1G 67760±32: Cyren 2E XL Platte Chemical Company 2393±245: Hopkins Lincoln Granules 34704±305 Hopkins Lincoln Granules 34704±413: Dursban 1 Coated Granules 34704±449: Clean Crop Chlorpyrifos 1.14G Insecticide and Fertilizer 34704±523: Clean Crop Dursban Insect Spray 34704±526: Pest Control for Home and Garden 34704±541: Dursban 4E 34704±748: Clean Crop Household Insect Spray 34704±765: Clean Crop Dursban 1
Under section 6(f)(1)(A) of FIFRA, period before taking action on the 6(f)(1)(A) of FIFRA, the signatory registrants may request, at any time, that requested cancellations. Given the registrants have also submitted requests EPA cancel any of their pesticide potential dietary and non–dietary risks to amend their other end–use registrations. The registrants have that chlorpyrifos use poses, especially to registrations of pesticide products requested that EPA waive the 180–day children, EPA intends to grant the containing chlorpyrifos to delete the public comment period under section requested cancellations at the close of aforementioned uses from any product 6(f)(1)(C)(ii) of FIFRA In light of this the comment period for this bearing such use. The registrations for request, EPA is granting the request to announcement. which amendments to delete uses were 1. Requests for voluntary amendments waive the 180-day comment period and requested are identified in the following to delete uses from the registrations of is providing a 30-day public comment Table 3: end–use products. Pursuant to section
TABLE 3.ÐEND±USE PRODUCT REGISTRATION AMENDMENT REQUESTS
Company Reg. No. Product/SLNs
Verdant Brands, Inc. 769±641: Dursban 2E Insecticide 769±662: SMCP Dursban .5% Granular Insecticide 769±679: Dursban 1% Granular Insecticide 769±680: Dursban Mole Cricket Bait
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TABLE 3.ÐEND±USE PRODUCT REGISTRATION AMENDMENT REQUESTSÐContinued
Company Reg. No. Product/SLNs
769±699: Dursban 4E Insecticide 769±726: Dursban 1G Granular Insecticide 769±808: Banzol 769±825: SMCP Dursban 2.5% G Insecticide 769±940: Dursban Plus Insecticide Griffin LLC 1812±403: Chlorfos 4E Insecticide 1812±404: Chlorfos 15G 3M Company 10350±22: MEC Chlorpyrifos Livestock Premise Spray Concentrate Platte Chemical Company 34704±55: Clean Crop Chlorpyrifos 1/2G Turf Insecticide 34704±65: Chlorpyrifos 2E 34704±66: Clean Crop Chlorpyrifos 4E Insecticide 34704±423: Dursban 2 Coated Granules 34704±448: Clean Crop Dursban 1G Insecticide 34704±587 Chlorpyrifos± thiram 7.5±7.5G 34704±693: Clean Crop Chlorpyrifos 50WP Seed Treater Luxembourg Industries (Pamol) Ltd. 42519±19: Dorsan 4E±45 42519±20: Dorsan 2E 42519±21: Dorsan 4E Insecta Sales & Research Inc. 45600±1: Insecta 45600±11: Insecta 1000 45600±17: Insecta for Manholes Control Solutions, Inc. 53883±48: Martin's Dursban Insecticide Granules 53883±52: Martin's Dursban 21/2% Insecticide Granules Micro±Flo Company 51036±117: Chlorpyrifos 1/2% Bait 51036±122: Micro±flo Chlorpyrifos Termite Concentrate 51036±152: Micro±Flo Chlorpyrifos 2E 51036±153: Chlorpyrifos1% Bait 51036±154: Chlorpyrifos 4±E Insecticide 51036±216: Micro±Flo Chlorpyrifos 4E Wood Treatment 51036±220: 1% Chlorpyrifos Granule 51036±247: Chlorpyrifos 2.5% G 51036±259: Chlorpyrifos 2.32 Bait 51036±263: Chlorpyrifos 1/2% Granule 51036±264: Chlorpyrifos 2.32% Granule 51036±291: Chlorpyrifos 4# AG 51036±300: Chlorpyrifos 15G Dow AgroSciences LLC 62719±11: Dursban 4E Insecticide 62719±14: Dursban 1/2 G Granular 62719±34: Lorsban 15G 62719±35: Dursban Turf Insecticide 62719±39: Lorsban 50W Wettable Powder SLNs; FL9000500, GA93000300 62719±47: Dursban TC 62719±54: Dursban 1±D Insecticide 62719±65: Dursban 2E 62719±68: Dursban 50W 62719±69: Dursban WT Insecticidal Wood Treatment Concentrate 62719±72: Dursban 50W in Water Soluble Packets 62719±77: Lentrek 6 WT 62719±88: Dursban ME20 Microencapsulated Insecticide 62719±89: Dursban ME04 Microencapsulated Insecticide 62719±90: Dursban ME02 Microencapsulated Insecticide 62719±166: Dursban Pro 62719±167: Equity 62719±210: Dursban 1G Insecticide 62719±221: Lorsban 50W Insecticide in Water Soluble Packets SLNs; FL92001000,GA93000400 62719±254: Dursban 4E±N 62719±255: Dursban 50W Nursery in Water Soluble Packets 62719±271: Dursban 1F 62719±276: Dursban 2.5G 62719±293: Dursban 75WG 62719±295: Lorsban 30G 62719±316: Dursban Plus Fertilizer 2 Makhteshim± Agan of North America Inc. 66222±3: Pyrinex Chlorpyrifos 4EC 66222±4: Pyrinex Chlorpyrifos Lawn Chinch Bug and Sod Webworm Con- trol 66222±5: Pyrinex Chlorpyrifos Lawn and Ornamental Insecticide w/ Dursban 2E 66222±6: Pyrinex Chlorpyrifos Dursban 2E Insecticide 66222±17: Pyrinex Chlorpyrifos Termiticide Concentrate Cheminova, Inc. 67760±6: Cyren 2E 67760±7: Cyren 4E Insecticide
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TABLE 3.ÐEND±USE PRODUCT REGISTRATION AMENDMENT REQUESTSÐContinued
Company Reg. No. Product/SLNs
67760±10: Cyren TC 67760±31: Cyren 2 TC Gharda USA, Inc. 70907±2 : Regatta 4E Chlorpyrifos Professional Insecticide 70907±4: Pilot 4E Chlorpyrifos Agricultural Insecticide 70907±7: Navigator 4 TC Chlorpyrifos Termite Concentrate 70907±8: Pilot 50W Chlorpyrifos Agricultural Insecticide 70907±9: Regatta 50W Chlorpyrifos Professional Insecticide 70907±13: Navigator 4WT Chlorpyrifos Wood Treatment Concentrate
Under section 6(f)(1)(A) of FIFRA, identified in Table 1 will not be lawful packaged in containers no smaller than registrants may request, at any time, that under FIFRA as of the 30th day 15 gallons of a liquid formulation or 25 their pesticide registrations be amended following the issuance of the pounds of a dry formulation. to delete one or more pesticide uses. cancellation order canceling the (ii) Use in products labeled for use on The registrants have requested that EPA registrations of the products identified tomatoes or use on apple trees post waive the 180-day comment period. In in Table 1, except for the purposes of bloom. The use of existing stocks of any light of this request, EPA is granting the returns for relabeling consistent with manufacturing–use product identified request to waive the 180-day comment the Agreement, shipping such stocks for in Table 1 for formulation into end–use period and is providing a 30-day public export consistent with the requirements products bearing instructions for use on comment period before taking action on of section 17 of FIFRA, or for proper tomatoes or use on apple trees following the requested amendments to delete disposal. bloom will not be lawful under FIFRA uses. Given the potential dietary and 2. Use for producing other as of the date of issuance of the non–dietary risks that chlorpyrifos use manufacturing–use products. The use of cancellation order canceling the poses, especially to children, EPA existing stocks of any manufacturing– manufacturing–use products listed in intends to grant the requested use product identified in Table 1 for Table 1. amendments to delete uses at the close formulation into any other (iii) Use in products labeled for other of the comment period for this manufacturing–use product will not be end–uses. The use of existing stocks of announcement. lawful under FIFRA as of the date of the any manufacturing–use product cancellation order unless such product identified in Table 1 for formulation III. Proposed Existing Stocks Provisions bears an EPA–approved label that is into any end–use product bearing The registrants have requested consistent with the provisions of the instructions for any of the following voluntary cancellation of the Agreement. uses will not be lawful under FIFRA chlorpyrifos registrations identified in 3. Use for producing end–use after December 1, 2000: Tables 1 and 2 and voluntary products— (i) Restricted use and (a) All termite control uses, unless the amendment to terminate certain uses of package size limitations—(a) The use of end–use product bears directions for use the chlorpyrifos registrations identified existing stocks of any manufacturing– of a maximum 0.5% chlorpyrifos end– in Table 3. Pursuant to section 6(f) of use product identified in Table 1 for use dilution; FIFRA, EPA intends to grant the formulation into any end–use product (b) Post–construction termite control, requests for voluntary cancellation and that is an emulsifiable concentrate (EC) except for spot and local termite amendment. For purposes of the will not be lawful under FIFRA as of treatment, provided the label of the cancellation order that the Agency December 1, 2000, unless the end–use end–use product states that the product intends to issue at the close of the product is labeled for restricted use. may not be used for spot and local comment period for this announcement, (b) The use of existing stocks of any treatment after December 31, 2002; the term ‘‘existing stocks ’’ will be manufacturing–use product identified (c) Indoor residential, except for defined, pursuant to EPA’s existing in Table 1 for formulation into any end– containerized baits in CRP; stocks policy as published in the use product labeled for any agricultural (d) Indoor non–residential, except for Federal Register of June 26, 1991, (56 use (other than cattle ear tags) and that containerized baits in CRP and products FR 29362), as those stocks of a is not an EC, will not be lawful under with formulations other than EC that registered pesticide product which are FIFRA as of December 1, 2000, unless bear labeling solely for one or more of currently in the United States and the product is either labeled for the following uses: warehouses, ship which have been packaged, labeled, and restricted use or packaged in containers holds, railroad boxcars, industrial released for shipment prior to the no smaller than 15 gallons of a liquid plants, manufacturing plants, or food effective date of the cancellation or formulation, 50 pounds of a granular processing plants; amendment. Any distribution, sale, or formulation, or 25 pounds of any other (e) Outdoor residential, except for use of existing stocks after the effective dry formulation; products bearing labeling solely for one date of the cancellation order that the (c) The use of existing stocks of any or more of the following public health Agency intends to issue that is not manufacturing–use product identified uses: individual fire ant mound consistent with the terms of that order in Table 1 for formulation into any end– treatment by licensed applicators or will be considered a violation of section use product labeled solely for non– mosquito control by public health 12(a)(2)(K) and /or 12(a)(1)(A) of FIFRA. agricultural uses (other than agencies; containerized baits in Child Resistant (f) Outdoor non–residential, except A. Manufacturing–Use Products Packaging (CRP)) and that is not an EC, for products that bear labeling solely for 1. Distribution or sale. The will not be lawful under FIFRA as of one or more of the following uses: golf distribution or sale of existing stocks of December 1, 2000, unless the product is courses, road medians, and industrial any manufacturing–use product either labeled for restricted use or plant sites, provided the maximum label
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56893 application rate does not exceed 1lb./ai pounds of a granular formulation, or 25 as provided in the previous sentence or per acre; mosquito control for public pounds of any other dry formulation; in Units III.B.1. and III.B.4 of this health purposes by public health (c)The distribution or sale by document, EPA intends to permit agencies; individual fire ant mound registrants of existing stocks of any distribution or sale of products treatment for public health purposes by product listed in Table 2 or 3 labeled identified in Table 2 or 3 by persons licensed applicators; and fence posts, solely for non–agricultural uses (other other than registrants until such stocks utility poles, railroad ties, landscape than containerized baits in CRP) and are exhausted. timbers, logs, pallets, wooden that is not an EC, will not be lawful 4. Final distribution, sale and use containers, poles, posts and processed under FIFRA after of February 1, 2001, date for preconstruction termite control. wood products; unless the product is either labeled for The distribution, sale or use of any (iv) Final use date for any restricted use or packaged in containers product listed in Table 2 or 3 bearing manufacturing–use product labeled for no smaller than 15 gallons of a liquid instructions for pre–construction termite control. The use of existing formulation or 25 pounds of a dry termiticide use will not be lawful under stocks of any manufacturing–use formulation. FIFRA after December 31, 2005, unless, product identified in Table 1 for (ii) Prohibited uses. The distribution prior to that date, EPA has issued a formulation into any end–use product or sale of existing stocks by registrants written determination that such use may labeled for termite control will not be of any product identified in Table 2 or continue consistent with the lawful under FIFRA after December 31, 3 that bears instructions for any of the requirements of FIFRA. 2004, except that EPA will permit the following uses will not be lawful under 5. Use of existing stocks. Except for continued use for the manufacture of FIFRA after February 1, 2001: products bearing those uses identified end-use products labeled solely for pre- (a) Termite control, unless the in Units III.B.1. and III.B.4. of this construction termite control if EPA has product bears directions for use of a document, EPA intends to permit the issued a written determination that the maximum 0.5% active ingredient use of existing stocks of products listed pre–construction use may continue chlorpyrifos end–use dilution; in Table 2 or 3 until such stocks are (b) Post–construction termite control, consistent with the requirements of exhausted, provided such use is in except for spot and local termite accordance with the existing labeling of FIFRA. treatment, provided the label of the that product. 4. All other use. Any use of existing product states that the product may not stocks of a canceled manufacturing–use IV. Notification of Intent to Revoke be used for spot and local treatment product identified in Table 1 that is not Tolerances after December 31, 2002; otherwise limited or prohibited as set (c) Indoor residential except for This document also serves to give forth in Unit III.A.1.–3. of this document containerized baits in CRP; notice that the Agency intends to may continue until such stocks are (d) Indoor non–residential except for propose to revoke the tolerance found in exhausted provided such use is in containerized baits in CRP and products 40 CFR 180.342 for residues of accordance with the existing label of with formulations other than EC that chlorpyrifos in or on tomatoes with a that product. bear labeling solely for one or more of revocation date of June 30, 2001. B. End–Use Products the following uses: warehouses, ship Accordingly, the Agency will issue such holds, railroad boxcars, industrial a proposed rule to be published in the 1. Distribution, sale or use of products plants, manufacturing plants, or food Federal Register. In the June 7, 2000, bearing instructions for use on tomatoes processing plants; Agreement, the registrants agreed to or apples trees post bloom. The (e) Outdoor residential except for cancel the use of chlorpyrifos products distribution, sale or use of existing products bearing labeling solely for one on tomatoes. The Agreement states that stocks by any person of any product or more of the following public health chlorpyrifos manufacturing-use listed in Table 2 or 3 that bears uses: individual fire ant mound products may not be reformulated for instructions for post–bloom application treatment by licensed applicators or use on tomatoes, and that EPA intends to apple trees or use on tomatoes will mosquito control by public health to prohibit all distribution, sale, or use not be lawful under FIFRA after agencies; of any end–use product bearing December 31, 2000. Any use of such (f) Outdoor non–residential except for instructions for post–bloom application product until that date must be in products that bear labeling solely for to apple trees or use on tomatoes after accordance with the existing labeling of one or more of the following uses: golf December 31, 2000. In addition, this that product. courses, road medians, and industrial document serves to give notice that the 2. Distribution or sale by registrants of plant sites, provided the maximum label Agency intends to propose to lower products bearing other uses— (i) application rate does not exceed 1lb./ai tolerances found in 40 CFR 180.342 for Restricted use and package size per acre; mosquito control for public residues of chlorpyrifos in or on apples limitations— (a) The distribution or sale health purposes by public health and grapes. The Agency will issue such by registrants of existing stocks of any agencies; individual fire ant mound a proposed rule to be published in the EC formulation product listed in Table treatment for public health purposes by Federal Register. 2 or 3 will not be lawful under FIFRA licensed applicators; and fence posts, after February 1, 2001 unless the utility poles, railroad ties, landscape V. Import Tolerance Guidance product is labeled as restricted use. timbers, logs, pallets, wooden The Agency recognizes that interested (b) The distribution or sale by containers, poles, posts and processed parties may want to retain a tolerance in registrants of existing stocks of any wood products. the absence of a U.S. registration, to product listed in Table 2 or 3 labeled for 3. Retail and other distribution or allow legal importation of food into the any agricultural use and that is not an sale. The retail sale of existing stocks of United States. To assure that all food EC, will not be lawful under FIFRA after products listed in Table 2 or 3 bearing marketed in the United States is safe, of February 1, 2001, unless the product instructions for the prohibited uses set under the FFDCA, EPA may require the is either labeled for restricted use or forth in Unit III.B.2.(b)(i)–(vi) of this same technical chemistry and packaged in containers no smaller than document will not be lawful under toxicology data for such import 15 gallons of a liquid formulation, 50 FIFRA after December 31, 2001. Except tolerances (tolerances without related
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U.S. registrations) as required to support Ave., NW., Washington, DC 20460; the Federal Food, Drug, and Cosmetic U.S. food use registrations and any telephone number: (703) 308–7043; e- Act (FFDCA) for succulent beans and resulting tolerances. In addition, EPA mail address: scher. [email protected]. canola use and associated tolerances if may require residue chemistry data SUPPLEMENTARY INFORMATION: all existing uses remained in place. (crop field trials) that are representative In addition to the action on the of growing conditions in exporting I. General Information tolerance petition, EPA has been countries in the same manner that the A. Does this Action Apply to Me? working to make a reregistration decision under FIFRA concerning Agency requires representative residue This action is directed to the public vinclozolin and plans to release a chemistry data from different U.S. in general. Although this action may be Reregistration Eligibility Decision regions to support domestic use of the of particular interest to persons who shortly. As part of the reregistration pesticides and the tolerance. Interested produce or use pesticides, the Agency process, the Agency has recently parties should contact the Agency for has not attempted to describe all the identified risk concerns for occupational written guidance on adapting U.S. specific entities that may be affected by workers in the ornamental industry in residue chemistry data requirements to this action. If you have any questions part due to the potential for long-term non-U.S. growing conditions in order to regarding the information in this notice, exposure. The Agency also identified a support an import tolerance. consult the person listed under FOR risk of concern for children playing on FURTHER INFORMATION CONTACT. List of Subjects transplanted sod previously treated on a Environmental protection, B. How Can I Get Additional sod farm. Information, Including Copies of this Memorandum of Agreement, Pesticides B. Request for Voluntary Cancellation and pests. Document and Other Related Documents? To reduce the risk posed by exposure Dated:September 12, 2000. to vinclozolin, and thereby enable the Electronically. You may obtain Agency to make a ‘‘reasonable certainty electronic copies of this document, and Lois A. Rossi, of no harm’’ finding for succulent beans certain other related documents that and canola and the related tolerances, Director, Special Review and Reregistration might be available electronically, from BASF requested the immediate Division, Office of Pesticide Programs. the EPA Internet Home Page at http:// voluntary cancellation of some [FR Doc. 00–24211 Filed 9–19–00; 8:45 am] www.epa.gov/. To access this registered uses. In addition, BASF BILLING CODE 6560±50±S document, on the Home Page select requested a phase-out over the next 4 ‘‘Laws and Regulations,’’ ‘‘Regulations years of all domestic food uses of and Proposed Rules,’’ and then look up vinclozolin except for the use on canola, ENVIRONMENTAL PROTECTION the entry for this document under the AGENCY and the revocation of all import ‘‘Federal Register—Environmental tolerances except for wine grapes to [OPP±64051; FRL±6744±2] Documents.’’ You can also go directly to permit the importation of treated wine. the Federal Register listings at http:// BASF also requested that EPA delete the Vinclozolin; Receipt of Request For www.epa.gov/fedrgstr/. use of vinclozolin on ornamentals and Amendments to Delete Uses II. BASF Request to Amend modify use of vinclozolin on turf. On May 31, 2000, BASF submitted a AGENCY: Environmental Protection Registrations Agency (EPA). written request to EPA seeking to amend A. Background Information the registrations for vinclozolin. ACTION: Notice. Vinclozolin (trade names Curalan, Specifically, BASF requested that EPA SUMMARY: In accordance with section Ronilan, Vorlan, and Touche) is a immediately amend registration number 6(f)(1) of the Federal Insecticide, fungicide first registered in 1981 to 7969–85 (Ronilan, Curalan, Touche) to Fungicide, and Rodenticide Act control various types of rot cause by terminate the use of vinclozolin on (FIFRA), as amended, EPA is issuing a Botrytis spp., Sclerotinia spp, and other onions, raspberries, and ornamental notice of receipt of request by BASF types of mold and blight causing plants. The product Vorlan (sold under Corporation to amend its registrations organisms on lettuce, onions, EPA registration number 7969–85) for products containing 3-(3,5- raspberries, succulent beans, canola, would no longer be available, as this dichlorophenyl)-5-ethenyl-5-methyl-2,4- kiwi, chicory grown for endive, and turf product is for use on ornamentals only. oxazolidinedione), or vinclozolin, to on golf courses, commercial sites, and BASF made clear that the proposed use terminate certain uses. The requests to industrial sites. Vinclozolin is also terminations were conditioned on EPA cancel certain uses from the registered for use on ornamental plants reestablishing the expired tolerance for registrations are intended to mitigate in greenhouses and nurseries. vinclozolin use on succulent beans and dietary and aggregate risks which BASF, the sole registrant of granting a new tolerance associated with exceed the Agency’s level of concern. vinclozolin, petitioned EPA to establish a canola registration. The cancellations EPA will decide whether to approve the tolerances for residues of the fungicide were also conditioned on EPA accepting requests after consideration of public vinclozolin and its metabolites certain existing stock provisions. BASF comment. containing the 3,5-dichloroanaline requested that EPA waive the 180–day moiety in or on canola and succulent waiting period for EPA action on its use DATES: Comments on the requested beans (65 FR 21427, April 21, 2000) termination requests. amendments to delete uses must be (FRL–6555–6). Concomitantly, BASF Under section 6(f)(1)(A) of FIFRA, submitted to the address provided also proposed amendments under registrants may request, at any time, that below by October 20, 2000. section 3 of FIFRA to the label for their pesticide registrations be amended FOR FURTHER INFORMATION CONTACT: By Ronilan fungicide (EPA Reg. No. 7969– to delete one or more pesticide uses. mail: Deanna Scher, Special Review and 85) to add the use of these crops. Section 6(f)(1)(B) of FIFRA requires that Reregistration Division (7508C), Office However, EPA was unable to make the EPA provide a 30–day comment period of Pesticide Programs, Environmental ‘‘reasonable certainty of no harm’’ on the request for voluntary Protection Agency, 1200 Pennsylvania finding mandated by section 408(b)(2) of cancellation. In addition, section
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6(f)(1)(C) of FIFRA requires that EPA pesticide would pose an unreasonable cancellation and phase-out of several provide a 180–day comment period on adverse effect on the environment. The uses as requested by BASF. a request for voluntary termination of registrant has requested that EPA waive Commodities legally treated will be any minor agricultural use before the 180–day comment period. In light of allowed in the channels of trade past the granting the request, unless the this request, EPA is granting the request last date of legal use in accordance with registrants request a waiver of the to waive the 180–day comment period. FFDCA section 408(l)(5). comment period, or the Administrator The following Table 1 specifies the determines that continued use of the time frame for the immediate
TABLE 1. Ð TIME FRAME FOR USECANCELLATION AND PROPOSED EXISTING STOCKS PROVISION
Date of Use Cancellation Last Date for Sale and Distribution of Commodity Request Existing Stocks Last Date for Legal Use
Onions July 15, 2000 January 1, 2001 September 30, 2001
Raspberries July 15, 2000 January 1, 2001 September 30, 2001
Ornamentals July 15, 2000 July 15, 2001 September 1, 2001
Kiwi 24(c) December 31, 2001* December 31, 2002 November 30, 2003
Chicory 24(c) December 31, 2001* December 31, 2002 November 30, 2003
Lettuce July 15, 2004 July 15, 2005 September 30, 2005
Succulent beans July 15, 2004 July 15, 2005 September 30, 2005 * BASF will inform the State of California that it can no longer support the 24(c) registrations by this date.
III. What is the Agency’s Authority for identified in Table 1. For purposes of exhausted or the last legal use date Taking this Action? the cancellation order that the Agency presented in Table 1. proposes to issue at the close of the Section 6(f)(1) of FIFRA provides that List of Subjects comment period for this announcement, a registrant of a pesticide product may the term ‘‘existing stocks’’ will be Environmental protection, at any time request that any of its defined, pursuant to EPA’s existing Agricultural commodities, Pesticides pesticide registrations be canceled. stocks policy at (56 FR 29362, June 26, and pests. FIFRA further provides that, before 1991) (FRL 3846–4), as those stocks of acting on the request, EPA must publish a registered pesticide product which are Dated: September 7, 2000. a notice of receipt of any such request currently in the United States and in the Federal Register. Thereafter, the Lois Rossi, which have been packaged, labeled, and Administrator may approve such a Director, Special Review and Reregistration released for shipment prior to the Division, Office of Pesticide Programs. request. effective date of the amendment or IV. Procedures for Withdrawal of cancellation. Any distribution, sale, or [FR Doc. 00–23941 Filed 9–19–00] Request use of existing stocks after the effective BILLING CODE 6560±50±S date of the cancellation order that the Registrants who choose to withdraw a Agency intends to issue that is not request for cancellation must submit consistent with the terms of that order ENVIRONMENTAL PROTECTION such withdrawal in writing to the will be considered a violation of section AGENCY person listed under FOR FURTHER 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA. [PF±946; FRL±6588±8] INFORMATION CONTACT, postmarked A. Distribution or Sale by Registrants before October 20, 2000. This written Notice of Filing a Pesticide Petition to withdrawal of the request for If the requested use deletions are Establish an Exemption from The cancellation will apply only to the approved, the distribution or sale of Requirement of a Tolerance for a applicable FIFRA section 6(f)(1) request such stocks by registrants will not be Certain Pesticide Chemical in or on listed in this notice. If the product(s) lawful under FIFRA after the sale and Food have been subject to a previous distribution dates listed in Table 1, cancellation action, the effective date of except for the purposes of returns and AGENCY: Environmental Protection cancellation and all other provisions of relabeling, shipping such stocks for Agency (EPA). any earlier cancellation action are export consistent with the requirements ACTION: Notice. controlling. The withdrawal request of section 17 of FIFRA, or for proper must also include a commitment to pay disposal. SUMMARY: This notice announces the any reregistration fees due, and to fulfill initial filing of a pesticide petition any applicable unsatisfied data B. Distribution, Sale and Use by Other proposing the establishment of requirements. Persons regulations to provide an exemption If the requested use deletions are from the requirement of a tolerance for V. Proposed Existing Stocks Provision approved, retailers, distributors, and residues of a certain pesticide chemical Pursuant to section 6(f) of FIFRA, EPA end-users may sell, distribute, or use in or on various food commodities. proposes to grant the requests for products with previously approved DATES: Comments, identified by docket voluntary amendment and cancellation labeling which have been released for control number PF–946, must be during the appropriate time frames shipment until such supplies are received on or before October 20, 2000.
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56896 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices
ADDRESSES: Comments may be the ‘‘Federal Register—Environmental CBI. Avoid the use of special characters submitted by mail, electronically, or in Documents.’’ You can also go directly to and any form of encryption. Electronic person. Please follow the detailed the Federal Register listings at http:// submissions will be accepted in instructions for each method as www.epa.gov/fedrgstr/. Wordperfect 6.1/8.0 or ASCII file provided in Unit I.C. of the 2. In person. The Agency has format. All comments in electronic form ‘‘SUPPLEMENTARY INFORMATION.’’ established an official record for this must be identified by docket control To ensure proper receipt by EPA, it is action under docket control number PF– number PF–946. Electronic comments imperative that you identify docket 946. The official record consists of the may also be filed online at many Federal control number PF–946 in the subject documents specifically referenced in Depository Libraries. line on the first page of your response. this action, any public comments received during an applicable comment D. How Should I Handle CBI That I FOR FURTHER INFORMATION CONTACT: By Want to Submit to the Agency? mail: Marshall Swindell, Antimicrobial period, and other information related to Division (7510C), Office of Pesticide this action, including any information Do not submit any information Programs, Environmental Protection claimed as confidential business electronically that you consider to be Agency, 1200 Pennsylvania Ave., NW., information (CBI). This official record CBI. You may claim information that Washington, DC 20460; telephone includes the documents that are you submit to EPA in response to this number: (703) 308–6341; e-mail address: physically located in the docket, as well document as CBI by marking any part or [email protected]. as the documents that are referenced in all of that information as CBI. those documents. The public version of SUPPLEMENTARY INFORMATION: Information so marked will not be the official record does not include any disclosed except in accordance with I. General Information information claimed as CBI. The public procedures set forth in 40 CFR part 2. version of the official record, which A. Does this Action Apply to Me? In addition to one complete version of includes printed, paper versions of any the comment that includes any You may be affected by this action if electronic comments submitted during information claimed as CBI, a copy of you are an agricultural producer, food an applicable comment period, is the comment that does not contain the manufacturer or pesticide manufacturer. available for inspection in the Public information claimed as CBI must be Potentially affected categories and Information and Records Integrity submitted for inclusion in the public entities may include, but are not limited Branch (PIRIB), Rm. 119, Crystal Mall version of the official record. to: #2, 1921 Jefferson Davis Highway, Information not marked confidential Arlington, VA, from 8:30 a.m. to 4 p.m., will be included in the public version Monday through Friday, excluding legal of the official record without prior holidays. The PIRIB telephone number notice. If you have any questions about Cat- Examples of poten- is (703) 305–5805. egories NAICS tially affected entities CBI or the procedures for claiming CBI, C. How and to Whom Do I Submit please consult the person identified Industry 111 Crop production Comments? under FOR FURTHER INFORMATION 112 Animal production CONTACT. 311 Food manufacturing You may submit comments through 32532 Pesticide manufac- the mail, in person, or electronically. To E. What Should I Consider as I Prepare turing ensure proper receipt by EPA, it is My Comments for EPA? imperative that you identify docket You may find the following This listing is not intended to be control number PF–946 in the subject suggestions helpful for preparing your exhaustive, but rather provides a guide line on the first page of your response. comments: for readers regarding entities likely to be 1. By mail. Submit your comments to: 1. Explain your views as clearly as affected by this action. Other types of Public Information and Records possible. entities not listed in the table could also Integrity Branch (PIRIB), Information 2. Describe any assumptions that you be affected. The North American Resources and Services Division used. Industrial Classification System (7502C), Office of Pesticide Programs 3. Provide copies of any technical (NAICS) codes have been provided to (OPP), Environmental Protection information and/or data you used that assist you and others in determining Agency, 1200 Pennsylvania Ave., NW., support your views. whether or not this action might apply Washington, DC 20460. 4. If you estimate potential burden or to certain entities. If you have questions 2. In person or by courier. Deliver costs, explain how you arrived at the regarding the applicability of this action your comments to: Public Information estimate that you provide. to a particular entity, consult the person and Records Integrity Branch (PIRIB), 5. Provide specific examples to listed under ‘‘FOR FURTHER Information Resources and Services illustrate your concerns. INFORMATION CONTACT.’’ Division (7502C), Office of Pesticide 6. Make sure to submit your Programs (OPP), Environmental comments by the deadline in this B. How Can I Get Additional Protection Agency, Rm. 119, Crystal Information, Including Copies of this notice. Mall #2, 1921 Jefferson Davis Highway, 7. To ensure proper receipt by EPA, Document and Other Related Arlington, VA. The PIRIB is open from be sure to identify the docket control Documents? 8:30 a.m. to 4 p.m., Monday through number assigned to this action in the 1. Electronically. You may obtain Friday, excluding legal holidays. The subject line on the first page of your electronic copies of this document, and PIRIB telephone number is (703) 305– response. You may also provide the certain other related documents that 5805. name, date, and Federal Register might be available electronically, from 3. Electronically. You may submit citation. the EPA Internet Home Page at http:// your comments electronically by e-mail www.epa.gov/. To access this to: ‘‘[email protected],’’ or you can II. What Action is the Agency Taking? document, on the Home Page select submit a computer disk as described EPA has received a pesticide petition ‘‘Laws and Regulations’’ and then look above. Do not submit any information as follows proposing the establishment up the entry for this document under electronically that you consider to be and/or amendment of regulations to
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56897 provide an exemption from the evaluation of the sufficiency of the evaporated to dryness. Then 2–3 mL of requirement of a tolerance for residues submitted data at this time or whether concentrated sulfuric acid was added to of a certain pesticide chemical in or on the data support granting of the petition. the beaker to digest any organic material various food commodities under section Additional data may be needed before in the sample. Concentrated nitric acid 408 of the Federal Food, Drug, and EPA rules on the petition. was added dropwise to oxidize any Comestic Act (FFDCA), 21 U.S.C. 346a. resulting charred organic matter. The A. Residue Chemistry EPA has determined that this petition acid solution was carefully transferred contains data or information regarding 1. Sample extract preparation. The to a 50 mL volumetric flask and the the elements set forth in section amount of zinc pyrithione that can be beaker washed several times with 408(d)(2); however, EPA has not fully extracted from a 3M sponge in typical deionized water which was added to the evaluated the sufficiency of the use was determined as a preliminary flask. The solution was diluted to the submitted data at this time or whether step in estimating exposure and risk. mark with deionized water and the data support granting of the petition. The mean level of zinc pyrithione analyzed directly for zinc ion. Fresh Additional data may be needed before bound into the 3M sponge is 0.35% on zinc standards were prepared in the EPA rules on the petition. a dry weight basis. New sponges same acid matrix as the samples. measuring 114 x 71 x 20 millimeters Although the analysis measures only List of Subjects (mm) were removed from their packages zinc ion, it is assumed that the full zinc Environmental protection, and rinsed a total of 10 times by pyrithione moiety is removed from the Agricultural commodities, Feed completely saturating the sponges under sponge by the extraction solution. The additives, Food additives, Pesticides running 43 °C tap water with hand zinc ion forms a coordination complex and pests, Reporting and recordkeeping wringing between saturations. Samples with the cellulose, as shown above, requirements. were then filled with tap water one final thereby binding the pyrithione anion time and passed through a zero Dated: September 5, 2000. into the cellulose structure. Loss of a clearance wringer with rubber rolls zinc cation (2+) is, therefore, necessarily Frank Sanders, having a Shore gage A hardness of 20– accompanied by loss of two pyrithione Director, Antimicrobial Division, Office of 25. These preconditioning rinses were anions (1¥). Pesticide Programs. carried out to insure removal of 3. Magnitude of residues. The mean Summary of Petition softening agents from the sponge level of zinc pyrithione found using ° The petitioner summary of the manufacturing process and to bring all deionized water at 65 C was 9.4 parts pesticide petition is printed below as samples to an equal final moisture per million (ppm). In dish detergent required by section 408(d)(3) of the content. solutions at the same temperature, mean Each preconditioned sponge was FFDCA. The summary of the petition levels were 12.4 ppm (0.1% detergent) placed in a separate pint size ziplock was prepared by the petitioner and and 26.8 ppm (1% detergent). For polyethylene plastic bag. Fifty represents the view of the petitioners. comparison purposes, certain samples milliliters (mL) of extraction solution EPA is publishing the petition summary were put through the sample were added and the bag sealed. verbatim without editing it in any way. preparation and extraction process three Extraction solutions were deionized The petition summary announces the times. The amount of zinc pyrithione water and dilute solutions of availability of a description of the recovered was comparable in all three dishwashing detergent. Three sponges analytical methods available to EPA for cycles. For ‘‘worst case’’ risk assessment were tested for each set of extraction the detection and measurement of the purposes, the upper bound (95% conditions. Each bag was thoroughly pesticide chemical residues or an probability) of highest mean value agitated by repeated hand squeezing to explanation of why no such method is found for detergent extract solutions at insure uniform distribution of the ° ∼ needed. 65 C is used, i.e., 30 parts per million extraction liquid throughout the sponge (ppm). This extract solution contains 3M sample. For elevated temperatures, 1% by weight dish detergent. A level of 0F6124 samples were then placed in an agitated 0.1% or less is normally used for temperature controlled water bath for an dishwashing. EPA has received a pesticide petition extraction period of 10 minutes. Room The solubility of zinc pyrithione in (0F6124) from 3M, St. Paul, MN 55144- temperature samples were placed on the water is known to increase with 1000, proposing, pursuant to section lab bench in a horizontal position for 10 increasing detergent concentration. It 408(d) of the Federal Food, Drug, and minutes. has a very low solubility in pure water Cosmetic Act (FFDCA), 21 U.S.C. Following the 10 minute extraction (15 to 20 ppm) but its solubility 346a(d), to amend 40 CFR part 180 to period, the extraction liquid was increases by complex formation with establish an exemption from the recovered by hand squeezing liquid organic amines to near 300 ppm in very requirement of a tolerance in raw from the sponge back into its sample concentrated detergent such as shampoo agricultural commodities and food for bag. The recovered liquid was then base. residues of zinc 2-pyridinethiol-oxide, transferred into a clean 125 mL high B. Toxicological Profile used as a preservative in sponges (zinc- density polyethylene sample bottle with chitosan modified cellulose sponges). screw top lids. The bottle was sealed In January 1996, EPA published its EPA has determined that the petition until the sample was analyzed. Reregistration Eligibility Decision (RED) contains data or information regarding 2. Analysis of extracts. Extract for Sodium Omadine in which no the elements set forth in section samples were analyzed for zinc ion observed adverse effect levels (NOAELs) 408(d)(2) of the FFDCA. EPA has using a Thermo Jarrell Ash model 61 E and a reference dose (RfD) are formally completed a preliminary evaluation of inductively coupled plasma (ICP) selected. Sodium and zinc pyrithione the aggregate exposure and risk in atomic emission spectrometer. have very similar toxicology profiles. reviewing an assessment provided by Each extract sample was transferred to The pyrithione anion is the biologically 3M. EPA’s findings have been made part a beaker and weighed to the nearest active moiety in either active ingredient. of this notice, with attribution. milligram (mg). The beaker was then The pertinent toxicology endpoints are However, EPA has not completed its placed on a hot plate and carefully described below for zinc pyrithione
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56898 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices when studies on this test material are mg/kg/day, based on excessive level (LOAEL) = 2.0 mg/kg/day; NOAEL available. Otherwise endpoints were salivation during the dosing period, and = 0.5 mg/kg/day. used from studies where sodium the developmental toxicity NOAEL was Male and female Crl:CD(SD)BR rats pyrithione was the test material. EPA, in 0.75 mg/kg/day based on increased were treated with zinc pyrithione using its risk assessment for the 3M product, incidences of fused ribs. occluded dermal doses at 0, 20, 100, calculated RfD, given below, by Another study used 20 white New and, 1,000 mg/kg/day for 6 hours/day applying various safety factors to the Zealand rabbits per groups and oral for 5/days/week for 13 weeks. Females NOAELs. gavage doses of 0, 0.5, 1.5, and 3.0 mg/ in the high dose group exhibited 1. Acute toxicity. Acute oral LD50 (rat) kg/day of zinc pyrithione on gestation decreased food consumption (91.6% of = 269 milligrams/kilograms (mg/kg) days 6–18. A significant decrease in control), decreased body weight gain (male/female) for sodium pyrithione body weight (p ≤ 0.01) was observed for (48.9% of control), and decreased food and 630 mg/kg (males) and 460 mg/kg mid and high-dose groups, but the efficiency (53.8% of control) for the (females) for zinc pyrithione. Acute absolute body weight changes were period of treatment. The systemic dermal LD50 (rabbit) > 2,000 mg/kg for small. Five high-dose does and one mid- NOAEL in females was 100 mg/kg/day both sodium and zinc pyrithione. Acute dose doe had total resorption. One high- and in males 1,000 mg/kg/day. inhalation LD50 (rat) = 0.61 milligram/ dose doe aborted on day 27. No Groups of 15 male and 15 female liter (mg/L) (4–hour) for sodium statistically significant differences were Sprague-Dawley rats were tested in pyrithione and > 0.61 mg/L for zinc observed in anomalies for treated groups whole-body inhalation exposure pyrithione. Sodium pyrithione is a mild compared to controls. The maternal/ chambers to zinc pyrithione aerosols at irritant to skin and eyes, and it is not a developmental NOAEL was 0.5 mg/kg/ 0.005, 0.0025, or 0.01 mg/L/for 6 hours/ sensitizer. Zinc pyrithione is corrosive day. day, 5 days/week for 13 weeks. One to skin and eyes, and it is not a Based upon the above studies, EPA animal of each sex died at the 0.0025 sensitizer. considers zinc pyrithione to be a frank mg/L/day level. Three males and four females died at the 0.01 mg/L/day 2. Genotoxicty. In vitro and in vivo developmental toxicant. tests indicate that sodium and zinc exposure level. Decreased body weights, 4. Subchronic toxicity. Technical pyrithione are not genotoxic. food consumption and food efficiency grade zinc pyrithione was administered 3. Reproductive and developmental were observed at the highest dose. in the diet to 20 male and 20 female toxicity. Technical grade zinc pyrithione Significantly increased lung weights Charles River CD albino rats per dose active ingredient was administered by were noted at the mid and high dose. gavage at doses of 0, 7.5 and 15 mg/kg group at 5, 25 and 125 ppm for up to Mild inflammation of the interstitial to Charles River albino rats. Maternal 93 days. No mortality occurred at 5 or tissue of the lung and medial body weight gain depression was 25 ppm; significant mortality at 125 hypertrophy of pulmonary arteries was observed. A lowest observed adverse ppm (39 out of 40). Slight growth rate found at the high dose. The systemic effect level (LOAEL) of 7.5 mg/kg was depression was observed in the 25 ppm NOAEL was 0.005 mg/L/day. found. There was an increased group. No significant treatment-related 5. Chronic toxicity. Zinc pyrithione incidence of skeletal abnormalities at biochemical or histopathological finding was administered in the diet at doses of the maternally toxic high dose level (15 were made at 5 or 25 ppm. NOAEL = 25 0, 2, 5, 10, 25, and 50 ppm to groups of ∼ mg/kg). In a separate study using ppm ( 2.5 mg/kg/day). 10 male and 10 female albino rats for 2 sodium pyrithione, NOAEL = 5 mg/kg/ Six Rhesus monkeys per dose group years. There were no adverse effects on day. were administered a 1% suspension in survival of the males. Decreased In a study using 30 pregnant Sprague- gum tragacanth by gavage at does of 0.5, survival of the females in the 25 and 50 Dawley rats per group, zinc pyrithione 2.0 and 8.0 mg/kg for 90 days. All ppm dose groups and accelerated was administered by oral gavage on animals appeared normal. Emesis was growth rate in females in lower dose days 6–15 of gestation at 0, 0.75, 3, and observed on days 1 and 2 in groups were observed. Males in the 50 15 mg/kg/day. One dam died on intermediate and high dose groups and ppm group also were observed to have gestation day 16. Developmental not again throughout the study. No accelerated growth. No treatment- toxicity was observed as an increase in treatment-related gross or microscopic related biochemical or histopathological postimplantation loss at mid and high pathology was observed. There was a effects were noted. NOAEL = 10 ppm, dose levels. The high dose group was statistically significant decrease in the or 0.5 mg/kg/day. significantly different than controls (p ≤ weights of uteri in high dose females. For sodium pyrithione, EPA has 0.01). An increase in early resorptions Clinical signs, including hind limb established in the RED a RfD of 0.005 (3.6%/dam) was observed with whole weakness, motor incoordination and mg/kg/day based upon a chronic rat litter resorption occurring in 3 high dose spinal kyphosus with muscle atrophy, study NOAEL of 0.5 mg/kg/day and an dams. In the 15 mg/kg/day group, the were observed at the high dose in a uncertainty factor of 100. number of live fetuses per litter was neurotoxicity study in Charles River CD 6. Animal metabolism. Three older significantly reduced (p ≤ 0.05), mean rats where zinc pyrithione was animal metabolism studies are available fetal weights were reduced (16%), and administered at 0 and 250 ppm for 9 or for zinc pyrithione. In two studies radio gravid uterine weights were reduced 14 days, followed by a 14- to 28-day labeled material is administered by (16%; p ≤ 0.01) when compared to recovery period. Clinical signs did not intravenous injection and in one study controls. persist during the recovery period. oral dosing is used. In an intravenous A significant number of fetuses were Histopathology revealed dense granular study in Yorkshire pigs, 14C-labeled found to have external, visceral, or axoplasmic deposits in the axons of sodium and zinc pyrithione are skeletal malformations at the 15 mg/kg/ sural and intramuscular lumbrical compared. For both compounds, urine day group: digit anomalies at p ≤ 0.05; nerves. Normal muscle morphology was appears to be the major route of dilated renal pelvis at p ≤ 0.05; and a observed in the acutely affected rats. In excretion for the administered radio verbal/rib anomaly at p ≤ 0.01. Dose- a separate study using sodium label. Significantly less radio label was related fused ribs were observed at 3.0 pyrithione as a test material, recovered in the urine for the zinc salt and 15 mg/kg/day levels. The maternal neurotoxicity end points were as than the sodium salt, as expected toxicity NOAEL for the study was 0.75 follows: lowest observed adverse effect because the zinc salt has a very low
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56899 solubility in water. Presumably considered to provide an absolute upper EPA to be a food use of a pesticide, insoluble salt in the blood was captured bound exposure estimate. The worst requiring a tolerance or exemption from and eliminated through the bile duct case and exaggerated worst case a tolerance. In assessing aggregate risk, into the feces. In a study in which 14C- scenarios include a number of obviously two incidental ways in which low level zinc pyrithione or 65Zn-zinc pyrithione even more unreasonable assumptions residues in food might originate have were administered intravenously to designed simply to test the sensitivity of been considered. First, the worst case rabbits, the animals were sacrificed at 6 the realistic adverse case numbers to and exaggerated worst case assessments hours after dosing and levels of radio changing assumptions. assume that all dishes used for service label determined in urine, tissue and Various routes of exposure that could of food and beverages are hand washed blood. The 14C-labeled pyrithione was result from use of the sponge are (i.e., no dishwashers) in water with dish substantially excreted (75%) in the considered in the analyses, as follows: detergent using a 3M sponge. 65 urine, but the Zn remained relatively Ingestion Furthermore, the dishes are never constant in the blood and tissue. The Incidental residues in food from the use of rinsed, thereby leaving a slight residue retention of zinc is expected because it the sponge in home kitchens. of zinc pyrithione on the surface of each readily forms coordination complexes Contaminated drinking water. dish that may become a component of with biochemical molecules and it is Use of sponges for teething for a lifetime food. The realistic adverse case assumes also an essential trace element in the (EPA’s analysis only). that the normal practice of rinsing diet, being present naturally in Per cutaneous absorption dishes after washing is followed, significant amounts in food, tissue and Dermal contact with sponges and thereby eliminating dishes as a source of blood. dishwater. residues in food. When 14C-labeled zinc pyrithione was Exposure to sodium and zinc The second way in which residues in administered by the oral route to pyrithione that do not result from the food might originate is from contact Sprague-Dawley rats, most of the radio use of the sponge but are included in with counters that have been cleaned labeled material (up to 84%) was the analyses are as follows: with dishwater containing trace levels excreted through the urine and the feces Per cutaneous absorption of zinc pyrithione. A discussion of the assumptions used in assessing exposure (up to 21%). Male rats appeared to Dandruff shampoo. metabolize and excrete zinc pyrithione Additive for plastics, adhesives, grouts, from counters can be found below. more rapidly than female rats. caulking, paints, yarns and fabrics. Dietary exposure is assumed to occur also, for the purpose of aggregate 7. Endocrine disruption. There is no All components of 3M’s aggregate evidence to suggest that the active exposure and risk assessment, through exposure analysis are summarized drinking water containing minute levels ingredient has an effect on any below and the methods and endocrine system. Developmental of zinc pyrithione originating from assumptions used in calculating the home dishwater effluent discharged to toxicity tests using both zinc and numbers are discussed in detail. In sodium pyrithione showed no evidence publicly owned water treatment summary, huge margins of safety were systems. Again, the assumptions behind of maternal or fetal toxicity except at the found, as expected, when exposures limit dose. In a 2–generation the assessment are discussed below. were compared to the established EPA added a scenario in which reproduction study in Crl:CD(SD)BR rats NOELs and NOAELs. children may become exposed to zinc in which sodium pyrithione was In EPA’s own analysis, dietary pyrithione through chewing sponges administered by gavage, a parental exposures were compared to the acute while teething. Incidental ingestion NOAEL of 0.5 mg/kg/day and a and chronic RfDs for zinc pyrithione. exposures were calculated for infants reproductive NOAEL of 1.5 mg/kg/day An acute RfD for zinc pyrithione was set using a formula for foreign object/matter were established. At maternally toxic at 0.005 mg/kg/day using an uncertainty non-dietary ingestion as set forth in doses, a slightly decreased number of factor (UF) of 100 and the lowest EPA’s Occupational and Residential pups were born per litter in both observed NOAEL of 0.5 mg/kg/day from Exposure Test Guidelines, Series 875, generations, possibly as a consequence a subchronic dietary exposure study Part D—Exposure and Risk Assessment of reduced mating success due to hind described above. A chronic RfD of Calculations, Test Guideline No. limb atrophy. 0.0005 mg/kg/day was calculated using 875.2900. Assuming children will teeth C. Aggregate Exposure the NOAEL of 0.5 mg/kg/day from the on sponges for a lifetime, EPA developmental toxicity study in the rat calculated that the margin of exposure The risk analysis for the use of 3M described above and an UF of 1,000. (MOE) was acceptable. sponges includes estimates of total The additional UF of 10 was included For other dietary exposures, EPA exposure to zinc and sodium pyrithione by EPA for protection of infants and assumed 3M’s exaggerated worst case in all their uses registered by EPA or children. The subchronic study was scenario. approved by FDA, not just sponges. The used, rather than available chronic i. Food-incidental residues from use of zinc pyrithione as a popular dietary toxicity study in rats, because dishes. 3M’s analysis begins by active ingredient in dandruff shampoos the chronic study was determined by assuming that all dishes are washed by is of particular importance because it EPA not to meet current guidelines. The hand using a sponge and that the same involves direct application to human Agency intends to ask for a new study. amount of zinc pyrithione is extracted skin. The analysis also includes four Although an acceptable chronic study is from the sponge by dishwater every different sets of exposure assumptions: available for sodium pyrithione and a time. The amounts assumed from the A realistic adverse case exposure scenario. RfD of 0.005 mg/kg/day has been extraction study are 12.4 ppm (adverse A worst case exposure scenario. established for this sodium salt based on and worst case) and 29.6 ppm A highly exaggerated worst case set of those data, EPA determined that sodium (exaggerated worst case). The extraction assumptions. pyrithione cannot be used as a surrogate study was designed to estimate the total EPA’s exposure assumptions. for assessing the risks posed by sponges amount of zinc pyrithione that might be Even the realistic adverse case containing the zinc salt. extracted from a sponge during a single assessment hugely overestimates 1. Dietary exposure. Use of the 3M use. A 50 mL volume of extract was exposure and can therefore, be sponge by institutions is considered by used for convenience. A mean extract
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56900 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices concentration of 12.4 ppm in 50 mL, dishwater as described above and that sponge during each washing is used for the realistic adverse case and the food absorbs all the available zinc calculated and assumed to be worst case analyses, results from pyrithione residue. In the worst case discharged to the POTW with each vigorous extraction of the sponge with and exaggerated worst case analyses, it persons daily allotment of water. The 50 ml of 0.1% dish detergent in water is assumed that 100% of the solid food POTW is assumed to remove none of the at 65 °C, much hotter than normal consumed by an individual has contact zinc pyrithione before the water effluent dishwater, thereby releasing 0.62 mg of with a counter or other surface is discharged. The effluent is assumed zinc pyrithione. A 95% upper bound containing zinc pyrithione residues and to be diluted to a minimal degree by estimate for extraction with 1.0% dish absorbs all those residues. receiving waters and these same waters detergent in water at 65 °C is used for b. EPA analysis. In terms of exposure, are assumed to be returned to the the exaggerated worst case calculations, EPA assumed 3M’s exaggerated worst community as drinking water, with the wherein 1.48 mg are released. Informal case scenario and added to it the level of zinc pyrithione conserved measurements of the amount of assumption that infants would use throughout the cycle. Furthermore, detergent necessary to make a quite sponges for teething for a lifetime. Both every individual is assumed to consume sudsy dishwater demonstrate that less acute and chronic dietary risks were only tap water as a beverage (i.e., no than 0.1% by weight is needed. The calculated using somewhat different packaged drinks such as soda, milk, analysis also assumes that the average assumptions for body weights, bottled water, prepackaged infant volume of water used each time a load consumption amounts, and lifetime formula). of dishes are washed is 10 liters. Hence, exposure durations. The risk Using a different approach wherein a a dilution factor of 200 is applied to the calculations were also broken down for drinking water level of comparison concentration of the original extract. If the U.S. population, females 13 and (DWLOC) is calculated, EPA concluded it were assumed that the entire volume older, and infants and children. The without explanation that the concern for of dish water has the same smallest margin of exposure (MOE), drinking water exposures should be concentration of zinc pyrithione as the calculated by EPA was for chronic higher than calculated by 3M. The experimental extract, the amount in (lifetime) exposure to infants and DWLOC is the concentration of a solution would substantially exceed the children at 2,673, with the overall pesticide in drinking water that would original active ingredient in the sponge. chronic MOE for the U.S. population produce an unacceptable aggregate risk, For the worst case and exaggerated calculated to be 138,121. considering all other food and non- worst case analyses, it is assumed, based ii. Drinking water. A number of occupational exposures. EPA calculated on gravimetric measurements, that 0.25 obvious worst case assumptions were acute DWLOCs for the U.S. population, mL of dishwater, on the average, made in estimating potential exposure for females 13 and older, and for infants remains uniformly distributed over the to zinc pyrithione in drinking water and children of 174 parts per billion surface of a drained but not rinsed plate from use of the 3M sponge. A figure of (ppb), 174 ppb, and 50 ppb, or cup. It is also assumed that food or 157 gallons was used for the average respectively. Chronic DWLOCs were drink acquires the entire amount of water usage per person per day, and the calculated to be 84 ppb, 84 ppb, and 20 residue from one side (50% of the average publicly owned treatment works ppb, respectively, for the same surface area) of each plate or cup and (POTW) was assumed to treat 1.45 x 106 subpopulations. 3M calculated, as that on an average each person uses a gallons per day and serve a population described above and summarized in total of 12 plates and cups a day. For the of 9,200 persons. It was assumed that Table 5, below zinc pyrithione levels of realistic adverse case it is assumed that every household hand washes all dishes 0.03 to 1.25 ppb using extremely the plates and cups are rinsed free of (no dishwashers) and that every time conservative assumptions. 3M’s dishwater, a normal practice, and dishes are washed a sponge is used. It uppermost value comes from a scenario therefore, have no residual zinc is also assumed that each household that uses the upper 95% probability pyrithione to transfer to food. does one load of dishes per person per bound leachate value for sponges a. Incidental residues from counters day. The extraction levels used above extracted in high temperature water and other surfaces. It is assumed that for zinc pyrithione are applied in this containing extreme levels of detergent. the same dishwater is also used to wash analysis as well. The scenario also assumes that 100% of counters and other surfaces that may Other than in the amount of extract, the U.S. population uses a new sponge come in contact with solid foods. A wet the three cases analyzed differ in every time dishes are washed and that residue level of 1 mg/cm2 is applied in assumptions regarding which sponge is the wash water is recycled as drinking the analysis, in keeping with the value used and the amount of dilution of water with only a 2x dilution factor. If used by FDA for the amount of non- POTW effluent by receiving waters. In water usage is 157 gallons per rinsed sanitizing solutions remaining on the realistic adverse case, it is assumed individual per day, and dishwater were cleaned dishes, cups and counters in, that 20% of the sponges used each day recycled directly, each sink of dishwater for example, a bar. Also borrowing from are new. This assumption means that would need to be diluted by a factor of FDA, it is assumed that 1.55 g/cm2 of sponges are replaced on the average 100 or more to supply the requisite food contacts the counter and that an every 5 days, rather than the 6 to 8 amount of water. individual consumes 3,000 g of food weeks normally found by consumer 2. Non-dietary exposure—i. Dermal total per day, 50% of which is solids. research. The replacement figure absorption from dishwashing. To These figures are used by FDA for increases to 50% and 100% for the estimate the potential dermal dose of assessments involving packaged food worst case and exaggerated worst case zinc pyrithione associated with use of and drink products. An uncut apple or respectively. Used sponges are assumed the sponge during dishwashing, it was tomato placed on a counter, for to release minimal zinc pyrithione to assumed that an adult will immerse example, might be expected to have a dishwater. It is also assumed that 60%, both hands and one-half of their much higher weight to area value. 80% and 100% of all households use forearms in dishwater for a total of 1– In the realistic adverse case, it is the 3M sponge in going from the hour per day. Again the concentration of assumed that 50% of all solid food realistic adverse case to the exaggerated zinc pyrithione in the dishwater was consumed by an individual comes into worst case. The amount by weight of varied from case-to-case, as described contact with a counter cleaned with zinc pyrithione extracted from the earlier. Dermal permeability and
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56901 absorbed amount were calculated using D. Cumulative Effects dishes or use dandruff shampoo on a methods recommended by EPA. It is 3M’s position that zinc pyrithione regular basis, eliminating these routes of ii. Per cutaneous absorption from should not be expected to have any exposure. Maximum possible aggregate dandruff shampoo. Information on the effects cumulative with any other dietary exposure for non-nursing infants ¥6 absorption of zinc pyrithione from the substances. It is EPA’s position that the is calculated to be 1.92 x 10 mg/kg/ use of dandruff shampoos was obtained Agency ‘‘does not at this time have the day, yielding an MOE of 260,000, far in from FDA’s docket supporting formal methodology to resolve scientific issues excess of the 1,000 fold safety factor rulemaking leading to a monograph concerning common mechanisms of applied by EPA in its assessment to calculate an RfD. The use of sponges for establishing conditions under which toxicity.’’ Hence, for the time being EPA teething for a lifetime, which EPA over-the-counter drug products for the has not assumed that zinc pyrithione included in its assessments, was not control of dandruff, seborrheic has a common mechanism of toxicity considered. dermatitis, and psoriasis are ‘‘generally with other substances. recognized as safe and effective.’’ In a E. Safety Determination F. International Tolerances study involving 30 human subjects, a 1. U.S. population. EPA has No international tolerances have been shampoo containing radio labeled zinc issued for the use of zinc pyrithione as pyrithione (14C in the 2- and 6- established an oral NOAEL for zinc pyrithione of 0.5 mg/kg/day based upon a preservative in cellulose sponges. positions) was applied in both a sink [FR Doc. 00–24210 Filed 9–19–00; 8:45 am] shampoo procedure (head exposure a chronic rat study. This value is BILLING CODE 6560±50±F only) and a shower shampoo (total body confirmed in the NOAEL for a exposure). All wash water and towels, subchronic neurotoxicity study and a 2– generation reproduction study. Using a etc. were retained and biological substantial number of high exposure ENVIRONMENTAL PROTECTION samples of skin, hair, blood and urine assumptions, the absolute upper limit AGENCY collected for a period of ten days exposure to zinc pyrithione was following application. Recovery of radio [PF±974; FRL±6742±7] calculated for all uses in the realistic label was essentially 100%. adverse case presented above. When Notice of Filing a Pesticide Petition to An average upper level systemic load exposure to zinc pyrithione through Establish a Tolerance for a Certain of zinc pyrithione was calculated from daily lifetime use of dandruff shampoo Pesticide Chemical in or on Food the urinary output data to be 1 µg/kg/ is included, a minimum adult MOE of day. Absorption was greatest for 128,000 was found, with total aggregate AGENCY: Environmental Protection subjects with seborrheic dermatitis, and exposure at 7.81 x 10¥4 mg/kg/day. The Agency (EPA). the absorbed material was derived from exposure from the assumed daily use of ACTION: Notice. solid zinc pyrithione deposited on the dandruff shampoo is huge compared to SUMMARY: head, rather than from the soluble zinc the aggregate adult exposure from use of This notice announces the initial filing of a pesticide petition pyrithione complexed with detergent in zinc pyrithione in sponges. Total adult proposing the establishment of the commercial shampoo. exposure (oral + dermal) not counting shampoo is 1.20 x 10¥6 mg/kg/day. The regulations for residues of a certain For this aggregate exposure analysis, pesticide chemical in or on various food in the realistic adverse case it was maximum possible daily intake of zinc pyrithione for all uses other than commodities. assumed that all persons have chronic DATES: Comments, identified by docket dandruff and use a dandruff shampoo shampoo was calculated to yield an aggregate adult MOE of over 400,000, control number PF–974, must be every day, absorbing the maximum dose received on or before October 20, 2000. of the active ingredient. In the worst assuming an individual does not ADDRESSES: case and exaggerated worst case, it is routinely (i.e., daily) use dandruff Comments may be submitted by mail, electronically, or in assumed that all persons have shampoo (see Table 2). person. Please follow the detailed seborrheic dermatitis and use the 2. Infants and children. Aggregate exposure to children was determined by instructions for each method as dandruff shampoo every day for life adjusting the assumptions used for provided in Unit I.C. of the (i.e., the treatment has no curative effect adults. The assessment was designed to SUPPLEMENTARY INFORMATION. To ensure on the seborrheic dermatitis). It was also examine exposure for non-nursing proper receipt by EPA, it is imperative assumed that infants and small children infants, the subpopulation that most that you identify docket control number do not use dandruff shampoo on a often is calculated to have the highest PF–974 in the subject line on the first regular basis. Using these assumptions, exposure to pesticides in the diet in page of your response. exposure from use of zinc pyrithione in EPA’s own assessments for most dandruff shampoo was found to be three FOR FURTHER INFORMATION CONTACT: By chemicals. orders of magnitude higher than mail: James Tompkins, Herbicide In this assessment, it was assumed Branch, Registration Division (7505W), exposure from all other uses of zinc that the dietary consumption of food pyrithione. Office of Pesticide Programs, and water by infants was 2.5 times more Environmental Protection Agency, 1200 EPA assumed 3% dermal absorption per kg of body weight than for adults. Pennsylvania Ave., NW., Washington, of zinc pyrithione for non-dietary Because a large portion of an infant’s DC 20460; telephone number: (703) exposures. In contrast, for assessments diet is liquids, the additional 305–5697; e-mail address: involving dermal exposure to sodium assumption was made that a smaller [email protected]. pyrithione, the Agency has used an portion of the diet for infants than absorption value of 0.1% in risk adults would be exposed to counters SUPPLEMENTARY INFORMATION: assessments. In its assessment of and other surfaces washed with I. General Information aggregate risk for the sponge, EPA did dishwater. Therefore, absorption of zinc not consider exposures through the use pyrithione from washed surfaces would A. Does this Action Apply to Me? of dandruff shampoos containing zinc be expected to be less. Non-nursing You may be affected by this action if pyrithione. infants are also not expected to wash you are an agricultural producer, food
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56902 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices manufacturer or pesticide manufacturer. electronic comments submitted during information claimed as CBI, a copy of Potentially affected categories and an applicable comment period, is the comment that does not contain the entities may include, but are not limited available for inspection in the Public information claimed as CBI must be to: Information and Records Integrity submitted for inclusion in the public Branch (PIRIB), Rm. 119, Crystal Mall version of the official record. #2, 1921 Jefferson Davis Highway, Information not marked confidential Arlington, VA, from 8:30 a.m. to 4 p.m., will be included in the public version Examples of poten- Monday through Friday, excluding legal of the official record without prior Categories NAICS tially affected enti- holidays. The PIRIB telephone number ties notice. If you have any questions about is (703) 305–5805. CBI or the procedures for claiming CBI, Industry 111 Crop production C. How and to Whom Do I Submit please consult the person identified 112 Animal production Comments? under FOR FURTHER INFORMATION 311 Food manufacturing CONTACT. 32532 Pesticide manufac- You may submit comments through turing the mail, in person, or electronically. To E. What Should I Consider as I Prepare ensure proper receipt by EPA, it is My Comments for EPA? This listing is not intended to be imperative that you identify docket You may find the following exhaustive, but rather provides a guide control number PF–974 in the subject suggestions helpful for preparing your for readers regarding entities likely to be line on the first page of your response. affected by this action. Other types of 1. By mail. Submit your comments to: comments: entities not listed in the table could also Public Information and Records 1. Explain your views as clearly as be affected. The North American Integrity Branch (PIRIB), Information possible. Industrial Classification System Resources and Services Division 2. Describe any assumptions that you (NAICS) codes have been provided to (7502C), Office of Pesticide Programs used. assist you and others in determining (OPP), Environmental Protection 3. Provide copies of any technical whether or not this action might apply Agency, 1200 Pennsylvania Ave., NW., information and/or data you used that to certain entities. If you have questions Washington, DC 20460. support your views. regarding the applicability of this action 2. In person or by courier. Deliver to a particular entity, consult the person your comments to: Public Information 4. If you estimate potential burden or listed under FOR FURTHER INFORMATION and Records Integrity Branch (PIRIB), costs, explain how you arrived at the CONTACT. Information Resources and Services estimate that you provide. 5. Provide specific examples to B. How Can I Get Additional Division (7502C), Office of Pesticide illustrate your concerns. Information, Including Copies of this Programs (OPP), Environmental Document and Other Related Protection Agency, Rm. 119, Crystal 6. Make sure to submit your Documents? Mall #2, 1921 Jefferson Davis Highway, comments by the deadline in this Arlington, VA. The PIRIB is open from notice. 1. Electronically. You may obtain 8:30 a.m. to 4 p.m., Monday through electronic copies of this document, and 7. To ensure proper receipt by EPA, Friday, excluding legal holidays. The be sure to identify the docket control certain other related documents that PIRIB telephone number is (703) 305– might be available electronically, from number assigned to this action in the 5805. subject line on the first page of your the EPA Internet Home Page at http:// 3. Electronically. You may submit response. You may also provide the www.epa.gov/. To access this your comments electronically by e-mail name, date, and Federal Register document, on the Home Page select to: [email protected], or you can citation. ‘‘Laws and Regulations,’’ ‘‘Regulations submit a computer disk as described and Proposed Rules,’’ and then look up above. Do not submit any information II. What Action is the Agency Taking? the entry for this document under the electronically that you consider to be ‘‘Federal Register—Environmental CBI. Avoid the use of special characters EPA has received a pesticide petition Documents.’’ You can also go directly to and any form of encryption. Electronic as follows proposing the establishment the Federal Register listings at http:// submissions will be accepted in and/or amendment of regulations for www.epa.gov/fedrgstr/. Wordperfect 6.1/8.0 or ASCII file residues of a certain pesticide chemical 2. In person. The Agency has format. All comments in electronic form in or on various food commodities established an official record for this must be identified by docket control under section 408 of the Federal Food, action under docket control number PF– number PF–974. Electronic comments Drug, and Comestic Act (FFDCA), 21 974. The official record consists of the may also be filed online at many Federal U.S.C. 346a. EPA has determined that documents specifically referenced in Depository Libraries. this petition contains data or this action, any public comments information regarding the elements set received during an applicable comment D. How Should I Handle CBI That I forth in section 408(d)(2); however, EPA period, and other information related to Want to Submit to the Agency? has not fully evaluated the sufficiency this action, including any information Do not submit any information of the submitted data at this time or claimed as confidential business electronically that you consider to be whether the data support granting of the information (CBI). This official record CBI. You may claim information that petition. Additional data may be needed includes the documents that are you submit to EPA in response to this before EPA rules on the petition. physically located in the docket, as well document as CBI by marking any part or List of Subjects as the documents that are referenced in all of that information as CBI. those documents. The public version of Information so marked will not be Environmental protection, the official record does not include any disclosed except in accordance with Agricultural commodities, Feed information claimed as CBI. The public procedures set forth in 40 CFR part 2. additives, Food additives, Pesticides version of the official record, which In addition to one complete version of and pests, Reporting and recordkeeping includes printed, paper versions of any the comment that includes any requirements.
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Dated: September 11, 2000. adequate to support appropriate milk and tissues from the exaggerated tolerances and dietary risk analyses. doses used in the ruminant metabolism 1. Plant and animal metabolism. Rice study, residues expected in milk and James Jones, plants extensively metabolize edible tissue from a tolerance level (1X) bispyribac-sodium and the terminal feed intake of bispyribac-sodium are Director, Registration Division, Office of residues in the RAC are low. extremely low (<<0.02 ppm). Thus, Pesticide Programs. Application of radio labeled bispyribac- there is no reasonable expectation of Summary of Petition sodium to 5–6 leaf rice resulted in total finite secondary residues in meat, meat radiocarbon residues (TRR) of 0.007 and by-products, or milk, and tolerances are The petitioner summary of the 0.021 ppm (bispyribac-sodium not necessary. pesticide petition is printed below as equivalents) in mature rice grain and Laying hens were treated with required by section 408(d)(3) of the 0.116 and 0.274 ppm in mature rice radiocarbon labeled bispyribac-sodium FFDCA. The summary of the petition straw in the [pyrimidine-2–14C] and [U– in their diets at 12 ppm. This high was prepared by the petitioner and 14C-benzene] metabolism studies, feeding level represents 600 times the represents the view of the petitioners. respectively. maximum theoretical dietary burden. EPA is publishing the petition summary No parent or parent related The TRR concentrations in radiocarbon verbatim without editing it in any way. metabolites were detected in grain with bispyribac-sodium equivalents in most The petition summary announces the much of the grain radioactivity tissues and eggs were very low—0.009 availability of a description of the incorporated into starch. Bispyribac- ppm in muscle, 0.016 ppm in fat and analytical methods available to EPA for sodium was detected in straw at 0.010 eggs. TRR concentration in hen liver the detection and measurement of the and 0.042 ppm in the [pyrimidine-2– was much higher, 4.98 ppm, virtually pesticide chemical residues or an 14C] and [U–14C-benzene] metabolism all of which was unconjugated explanation of why no such method is studies, respectively. The maximum bispyribac (4.82 ppm). Based on the low needed. residue values for the metabolites that concentrations of metabolites in eggs and most tissues from the exaggerated Valent U.S.A. Corporation were found in straw are: •BX–180 (0.024 ppm) doses used in the hen metabolism study, PP 9F6044 •Me2BA (0.006 ppm) residues anticipated in eggs, and edible • tissue from a tolerance level (1X) feed EPA has received a pesticide petition DesMe–180 (0.002 ppm) •DesMe–2023 (0.001 ppm) intake of bispyribac-sodium are (PP 9F6044) from Valent U.S.A. No single metabolite in rice straw was extremely low (<<0.005 ppm). In Corporation at 1333 North California greater than 10% of the total chicken liver, the tissue with the highest Boulevard, Suite 600, Walnut Creek, CA radiocarbon residues, and all of the radiocarbon content, maximum 94596–8025 as agent for K-I Chemical aglycones identified in rice straw were theoretical residues are still well below U.S.A. Inc. proposing, pursuant to also identified in the rat metabolism the enforcement LOQ of 0.02 ppm. section 408(d) of the FFDCA, 21 U.S.C. study. Finite residues were not detected in rice 346a(d), to amend 40 CFR part 180 by Bispyribac-sodium is extensively grain samples from any of the field establishing a tolerance for residues of metabolized and rapidly excreted by residue trials. The limit of detection bispyribac-sodium, sodium 2,6-bis [(4,6- lactating goats. Treatment was at highly (LOD) of the method was determined by dimethoxypyrimidin-2yl)oxy]benzoate exaggerated feeding levels (11 ppm) statistical analysis of instrument in or on the raw agricultural relative to the proposed 0.02 ppm rice responses in untreated versus treated commodities (RAC) rice grain, and rice grain and straw tolerances. These study field samples. The LOD for rice grain straw at 0.02 parts per million (ppm). feeding levels correspond to more than and bran is 0.001 ppm with 0.005 ppm EPA has determined that the petition 650 times the tolerance level dietary for hulls. Even at 2X application rates, contains data or information regarding burden for goats (using cattle diet residues in rice grain were not detected. the elements set forth in section values). Even at this exaggerated Assuming anticipated residues in rice 408(d)(2) of the FFDCA; however, EPA treatment level the total radioactive derived poultry feed at half the LOD has not fully evaluated the sufficiency residue TRR concentrations in milk from the field residue samples, gives a of the submitted data at this time or were extremely low (0.002 ppm, maximum anticipated dietary burden whether the data support granting of the bispyribac-sodium equivalents). for poultry of 0.0008 ppm, and petition. Additional data may be needed The edible tissue concentrations maximum residues in poultry liver of before EPA rules on the petition. (bispyribac-sodium equivalents) 0.0003 ppm. Thus, there is no A. Residue Chemistry indicate the very low bioaccumulation reasonable expectation of finite potential of bispyribac-sodium residues: secondary residues in meat, meat by- Summary. Radiocarbon plant and •Muscle (0.002 ppm) products or eggs, and tolerances are not animal metabolism studies have •Fat (<0.003 ppm) necessary. demonstrated that the residue of •Kidney (<0.041 ppm) 2. Analytical method. Practical concern is best defined as parent, •Liver (<0.204 ppm) analytical methods for detecting and bispyribac-sodium. Practical, validated The metabolites identified in goat measuring levels of bispyribac-sodium enforcement residue methodology is liver and kidney were: have been developed and validated in/ available to analyze all appropriate •Glucuronide conjugates of on the RAC, rice grain, and rice straw; matrices for bispyribac-sodium residue bispyribac-sodium processing fractions polished rice, rice with limit of quantitation (LOQ) of 0.02 •Me2BA hulls, and rice bran; and environmental ppm, adequate to enforce all proposed •BX–180 samples. The extraction methodology tolerances. The magnitude of residues of •2,6–DBA has been validated using aged radio 14 bispyribac-sodium has been evaluated •Me2BA chemical residue samples from C- in rice grain, rice straw, and in the •DesMe–180 metabolism studies. Bispyribac-sodium appropriate processed products. Finite All the metabolites are polar and is a benzoic acid salt. To allow gas/ residues in fed ruminants, and poultry easily excreted. Based on the low liquid chromatography, the residues are are not expected. These studies are concentrations of metabolites in goat methylated and measured as the methyl
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56904 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices ester of the benzoic acid. The analytical ppm) of bispyribac-sodium in animal for females from the two year methods have been validated in rice, tissues, milk, and eggs are not expected. oncogenicity feeding study in mice, and rice straw, and environmental matrices Poultry liver is the tissue with the an uncertainty factor of one hundred. at an independent laboratory. The LOQ highest treatment to residue ratio. Using Bispyribac-sodium is of very low of bispyribac-sodium in the enforcement anticipated residues in poultry feed toxicity in all short-term evaluations, method is 0.02 ppm which will allow from rice, and rice products derived however, for the purposes of discussion, monitoring of food with residues at the from the limit of detection of the field Valent proposes to use the NOAEL for levels proposed for the tolerances. residue methodology, the potential maternal toxicity from the rabbit Because the enforcement methodology residues in poultry liver would be a developmental toxicity study of 100 mg/ uses a different methylating agent, the maximum of 0.0003 ppm. This is 60– kg bwt/day as an acute oral toxic methodology used for analysis of the fold below the RAC enforcement LOQ. endpoint. Valent is unable to identify field residue trials had a LOQ of 0.01 The refore, tolerances are not proposed toxicity endpoints of concern for acute, ppm, a defined LOD of 0.005 ppm, and for secondary residues in any fed animal short term or chronic human exposures a statistical LOD of 0.001 ppm in rice commodity. by any route other than oral. grain. iii. Rotational crops. Rotational crops 1. Acute toxicity. Bispyribac-sodium 3. Magnitude of residues—i. Crop. planted 28 and 48 days after soil technical produces very low to slight Data from sixteen (16) field trials in rice treatment with the 1X rate of bispyribac- toxicity following oral, dermal or conducted in 1996 and 1997 in six (6) sodium all showed radiocarbon inhalation acute exposures. Bispyribac- states throughout the rice growing equivalent residues of less than 0.01 sodium is slightly irritating to the eye, regions of the U.S. show that at the ppm at normal harvest. This study is not irritating to the skin and does not proposed maximum total seasonal demonstrates that bispyribac-sodium is cause dermal sensitization in guinea application rate (24 g active ingredient/ not adsorbed by following crops, and pigs. Technical bispyribac-sodium and Acre (ai/a), 0.053 lb ai/a) all measured that no rotational tolerances or labeling its formulated product should be residue values in rice grain were less restrictions are necessary. classified in toxicity category III. than 0.005 ppm (n = 32). Data from iv. Irrigated crops. Tomatoes, table 2. Genotoxicty. Bispyribac-sodium three trials at a 2X rate (48 g ai/a) also beets, and bok choy were sprinkler does not present a genetic hazard. all showed measured residue in the six irrigated with water containing 0.07 Bispyribac-sodium technical was samples of rice grain to be less than ppm bispyribac-sodium. No residues negative in the following genotoxicity 0.005 ppm (n = 6). Nine (9) out of were detected in any sample of tomato assays: thirty–two (32) samples of rice straw fruit or table beet roots. Immature whole •Reverse mutation (Ames). from the sixteen 1X field sites showed beet plants, mature beet tops, and bok •Chinese hampster ovary (CHO), finite residues of bispyribac-sodium. choy leaves contained 0.015 to 0.025 chromosomal aberration (in vitro). The average of the nine finite residues ppm. Bispyribac-sodium in the soil from •Unscheduled DNA synthesis. • in rice straw is 0.007 ppm (n = 9, σn-1 treated plots did not exceed 0.012 ppm. Micronucleus in mice (in vivo). = 0.003 ppm) with a maximum value of Sprinkler application of water In a bacterial DNA repair assay with 0.013 ppm. There were no finite containing high concentrations of Bacillus subtilis, bispyribac-sodium was residues (<0.005 ppm) observed in the bispyribac-sodium (the highest time potentially damaging to DNA. Overall, six samples of rice straw from the 2X zero concentration in paddy water from however, it is unlikely that bispyribac- treatment rates. The processing study in the aquatic field dissipation studies) led sodium presents a genetic hazard. rice using grain from a plot treated at 2X to low residues in leafy crops. This 3. Reproductive and developmental demonstrated that bispyribac-sodium study demonstrates that bispyribac- toxicity. Bispyribac-sodium is not a was not detectable (<0.005 ppm) in rice sodium is not adsorbed by irrigated developmental or reproductive toxicant. grain, and did not concentrate (<0.005 crops and thus tolerances or use Developmental toxicity studies have ppm) in polished rice, rice hulls, or rice restrictions are not necessary. been performed in rats and rabbits, and multi-generational effects on bran. No separate tolerances are B. Toxicological Profile necessary for processed rice products. reproduction were tested in rats. The actual limit of detection of the Summary. A full battery of toxicology In the developmental toxicity study analytical methodology used for all testing including studies of acute, conducted with rats, bispyribac-sodium. these studies was 0.001 ppm in rice chronic, oncogenicity, developmental, technical was administered by gavage at grain and bran and 0.005 ppm in rice mutagenicity, and reproductive effects levels of 0, 100, 300, and 1,000 mg/kg hulls. Finite residues were not detected has been completed for bispyribac- bwt/day during gestation days 6–15. All in any treated rice grain sample even at sodium. The acute toxicity of animals were necropsied on gestation exaggerated (2X) rates, or in any bispyribac-sodium is low by all routes. day 20 followed by a teratologic processed fraction. Because of the Bispyribac-sodium is not a examination of the fetuses. One–half of reduced sensitivity of the enforcement developmental or reproductive toxicant, the fetuses were examined for skeletal methodology, tolerances are proposed in and is not mutagenic or oncogenic. The malformations and one–half for visceral rice grain and straw at 0.02 ppm. The toxicology reports for bispyribac-sodium malformations. There were no deaths in field residue data indicate that the have not yet been reviewed by EPA and any of the groups. There were no proposed tolerances are more than thus, the Agency has not yet established treatment-related observations at adequate to support bispyribac-sodium toxic endpoints of concern, specifically necropsy. No other biologically relevant use on rice. chronic and acute oral toxicity differences were noted. The incidence ii. Secondary residues. Using endpoints for the compound. For the of fetal malformations and proposed tolerances to calculate the purpose of chronic dietary risk analysis, developmental variations was maximum feed exposure to fed animals, Valent proposes 0.017 milligrams/ comparable with the controls. The and using the generally very low kilograms (mg/kg) body weight (bwt/ maternal toxicity observed at 1,000 mg/ potential for residue transfer day) as a chronic reference dose (RfD). kg bwt/day consisted of ano-genital demonstrated in the milk goat and This proposed RfD is based on a chronic staining. The maternal NOAEL was 300 laying hen metabolism studies, endpoint of 1.7 mg/kg bwt/day no mg/kg bwt/day and the developmental quantifiable secondary residues (>0.02 observed adverse effect level (NOAEL) NOAEL was 1,000 mg/kg bwt/day.
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In the developmental toxicity study 5. Chronic toxicity. Bispyribac- 7. Animal metabolism. The conducted with rabbits, technical sodium technical has been tested in absorption, tissue distribution, bispyribac-sodium was administered by chronic studies with dogs, rats, and metabolism, and excretion of 14C- gavage at levels of 0, 30, 100, and 300 mice. labeled bispyribac-sodium were studied mg/kg bwt/day during gestation days 6– Bispyribac-sodium technical is not a in rats. Following administration to the 18. Does were sacrificed on day 28. An carcinogen. Studies with bispyribac- rodent, the majority of bispyribac- external, visceral and skeletal sodium technical in rats and mice have sodium is excreted into the feces via the examination was performed on all shown that repeated high dose bile. The majority of material excreted fetuses. Maternal toxicity included one exposures produced decreased bwt gain, in the feces is either unchanged parent death, two premature deliveries, and changes in hematological, blood compound or its desmethylated slight depression of body weight gain biochemistry values, and derivative. Approximately half of the and food consumption in the high dose histopathological lesions of the liver, material excreted into the urine was also group. There were no specific changes and bile duct in rats; and reduced bwt unchanged parent material. The half-life noted at necropsy and no effects on fetal gain, decreased liver weight, increased of bispyribac-sodium in rats is between mortality, number of live fetuses or fetal kidney weight, and histopathological 28 to 30 hours. These data show that weights. The NOAEL for maternal changes in the liver in mice; but did not bispyribac-sodium is readily excreted toxicity was 100 mg/kg bwt/day, and for produce cancer in test animals. No but not extensively metabolized in the developmental toxicity the NOAEL was oncogenic response was observed in a rodent. Very low concentrations of 300 mg/kg bwt/day. rat 2–year chronic feeding/oncogenicity radiocarbon in tissues over time A two-generation reproduction study study or in the two–year feeding indicate that the potential for in rats was conducted with bispyribac- oncogenicity study in mice. bioaccumulation is minimal. There were sodium technical at doses of 0, 20, Bispyribac-sodium technical was no significant sex or dose-related 1,000, and 10,000 ppm. Systemic adult tested in rats for 2 years at doses of 0, differences in excretion or metabolism. toxicity included decreased bwt gain 20, 200, 3,500, and 7,000 ppm in males Animal metabolites are the same as and food consumption; increased liver and 0, 20, 200, 5,000, and 10,000 ppm those detected in rice and in the weight; and histopathological changes in females. Effects observed at higher environment. doses included decreased bwt gain, in the liver and bile duct. The growth 8. Metabolite toxicology. Studies show changes in hematological and blood of the F1 and F2 offspring was inhibited that bispyribac-sodium is extensively biochemistry values, and at 10,000 ppm. The NOAELs for metabolized by rice. Therefore, a series histopathological lesions of the liver, systemic adult toxicity and offspring of acute oral and genetic toxicity tests and bile duct. No neoplastic lesions developmental parameters were 20 and were observed. The NOAEL was 200 were performed to investigate the 1,000 ppm, respectively. No effects on ppm (male 10.9 mg/kg b.w./day, female potential toxicity of the primary rice reproduction were produced at 10,000 13.9 mg/kg bwt/day). plant degradates. None of these tests ppm, the highest dose tested. Bispyribac-sodium technical was indicates any acute or genetic hazard 4. Subchronic toxicity. Subchronic tested in mice for 2 years at doses of 0, from these metabolites. Because parent oral toxicity studies conducted with 10, 100, 2,500, and 5,000 ppm. Effects and metabolites are not retained in the bispyribac-sodium technical in the rat observed at higher doses included body, the potential for acute toxicity and dog indicate a low level of toxicity. reduced bwt gain, decreased liver from in situ formed metabolites is low. Bispyribac-sodium technical was weight, increased kidney weight, and The potential for chronic toxicity is tested in rats at dose levels of 0, 100, histopathological changes in the liver. adequately tested by chronic exposure 1,000, 10,000, and 20,000 ppm in the No neoplastic lesions were observed. to the parent at the maximum tolerance diet for 13 weeks. Effects observed at The NOAEL was 100 ppm (14.1 mg/kg dose (MTD) and consequent chronic higher doses included organ weight bwt/day) in males and 10 ppm (1.7 mg/ exposure to the internally formed changes; histopathological changes in kg bwt/day) in females based on organ metabolites. the liver, and the bile duct; increased weight changes. 9. Endocrine disruption. No special serum GOT, GPT, ALP, and BUN; A 52–week chronic toxicity study of studies to investigate the potential for various alterations in hematology bispyribac-sodium technical was estrogenic or other endocrine effects of parameters; and reduced food conducted in dogs at doses of 0, 10, 100, bispyribac-sodium have been consumption, food efficiency and bwt and 750 mg/kg bwt/day. Effects performed. However, as summarized gain. The NOAEL was 100 ppm (7.2 mg/ observed at higher doses included above, a large and detailed toxicology kg bwt/day) in males and 1,000 ppm salivation, vomiting, and loose stools; data base exists for the compound (79.9 mg/kg bwt/day) in female rats. increased liver weight; and including studies in all required Bispyribac-sodium technical was also histopathological changes in the bile categories. These studies include acute, tested in dogs for 13 weeks at doses of duct. The NOAEL was 10 mg/kg bwt/ sub-chronic, chronic, developmental, 0, 30, 100, and 600 mg/kg bwt/day. day. and reproductive toxicology studies Vomiting, salivation, and loose stools 6. Mechanistic studies. Mechanistic including detailed histology and were observed in animals exposed to studies were undertaken to investigate histopathology of numerous tissues, 600 mg/kg bwt/day. Histopathological the histopathological effects on the including endocrine organs, following changes in the liver and bile ducts were common and, intralobular bile duct repeated or long term exposure. These also noted in males at 600 mg/kg bwt/ observed in the long-term rat studies. studies are considered capable of day. The NOAEL was 100 mg/kg bwt/ Similar histopathological effects were revealing endocrine effects, and the day. not noted in the chronic studies with results of all of these studies show no In a 21–day dermal toxicity study in the mouse or the dog, which, like the evidence of any endocrine-mediated rats, there was essentially no significant human, have an intact gall bladder. The effects and no pathology of the indication of toxicity. The NOAEL for results suggest that an increased endocrine organs. Consequently, it is this study was the highest dose tested production and flow of bile acids in the concluded that bispyribac-sodium does (HDT) of 1,000 mg/kg bwt/day (the limit rat may relate to the histopathological not possess endocrine disrupting dose). changes observed. properties.
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C. Aggregate Exposure listed below in Table. Chronic dietary TABLE 1.ÐTIER I CALCULATED exposure was at or below 0.16% of the 1. Dietary exposure. The toxicology CHRONIC DIETARY EXPOSURES TO RfD. Generally, the Agency has no cause data base for bispyribac-sodium has not THE TOTAL U.S. POPULATION AND for concern if total residue contribution yet been reviewed by EPA and thus, the SELECTED SUB-POPULATIONS TO for published and proposed tolerances Agency has not yet established toxic TOLERANCE LEVEL BISPYRIBAC-SO- endpoints of concern, specifically is less than 100% of the RfD. DIUM RESIDUES IN FOODÐContin- chronic and acute oral toxicity ued endpoints for the compound. As TABLE 1.ÐTIER I CALCULATED discussed above, for the purpose of CHRONIC DIETARY EXPOSURES TO Exposure Per- chronic dietary risk analysis, Valent THE TOTAL U.S. POPULATION AND Population subgroup (mg/kg cent of proposes 0.017 mg/kg bwt/day as a SELECTED SUB-POPULATIONS TO bwt/day) RfD chronic RfD, including an uncertainty TOLERANCE LEVEL BISPYRIBAC-SO- Nursing Infants (<1 Year 0.000009 0.053 factor of one hundred. Bispyribac- DIUM RESIDUES IN FOOD Old) sodium is of very low toxicity in all short-term evaluations. Valent proposes Exposure Per- Acute. A Tier I acute dietary exposure to use 100 mg/kg bwt/day as an acute Population subgroup (mg/kg cent of and risk analysis for bispyribac-sodium bwt/day) RfD oral toxic endpoint. Valent is unable to residues was calculated using tolerance identify toxicity endpoints of concern Total U.S. population 0.000006 0.035 level residues and 100% of the crop for acute, short term or chronic human (all seasons) treated for the U.S. population, females exposures by any route other than oral. Non-hispanic other than 0.000027 0.159 (13 +), and five infant and child i. Food— Chronic. A Tier I chronic black or white subgroups. The calculated exposures dietary exposure and risk analysis for Females (20+ years, not 0.000004 0.024 and margins of exposure (MOE) for the bispyribac-sodium residues was preg. or nursing higher exposed proportions of the calculated using tolerance level residues Children (1±6 Years) 0.000011 0.065 subgroups are listed below in Table 2. for the U.S. population and 26 All Infants (<1 Year Old) 0.000016 0.094 In all cases, margins of exposure are population subgroups. The results from Non-Nursing Infants (<1 0.000018 0.106 very large, and for the 95th percentile, all several representative subgroups are Year Old) exceed 1–million.
TABLE 2.ÐTIER I CALCULATED ACUTE DIETARY EXPOSURES TO THE TOTAL U.S. POPULATION AND SELECTED SUB- POPULATIONS TO TOLERANCE LEVEL BISPYRIBAC-SODIUM RESIDUES IN FOOD (PER-CAPITA DAYS)
95th Percentile 99.9th Percentile Population subgroup Exposure (mg/kg Exposure (mg/ bwt/day) MOE kg bwt/day) MOE
U.S. population 0.000031 >1,000,000 0.000152 787,000
Females (13+) 0.000023 >1,000,000 0.000097 >1,000,000
Children 1±6 0.000061 >1,000,000 0.000249 402,000
Children 7±12 0.000041 >1,000,000 0.000127 787,000
All Infants 0.000083 >1,000,000 0.000267 375,000
Nursing Infants (<1) 0.000044 >1,000,000 0.000235 426,000
Non-Nursing Infants (<1) 0.000087 >1,000,000 0.000268 373,000
ii. Drinking water. Since bispyribac- highest average 56–day concentration than that from tolerance level food, but sodium is applied outdoors to rice, the predicted in the simulated paddy water still well within the acceptable range. potential exists for bispyribac-sodium or by GENEEC 1.3 was 15.45 parts per 2. Non-dietary exposure. Bispyribac- its metabolites to reach ground or billion (ppb). Reducing this estimate by sodium has only proposed agricultural surface water that may be used for a factor of three gives a high end use on rice, and no other crop, drinking water. Bispyribac-sodium will estimate for drinking water homeowner, turf, or industrial uses. not move to ground water because of the contamination. Using standard Thus, no non-dietary risk assessment is nearly complete lack of leaching from assumptions about bwt and water needed. rice paddies along with the low use rate consumption, the maximum chronic D. Cumulative Effects therefore a SCI-GRO estimation of exposure from this drinking water Section 408(b)(2)(D)(v) requires that groundwater contamination was not would be 0.00015 and 0.00052 mg/kg the Agency must consider ‘‘available performed. To quantify potential high bwt/day for adults and children, information’’ concerning the cumulative end bispyribac-sodium exposure from respectively; 3.03% of the RfD for effects of a particular pesticide’s drinking water, ‘‘Tier I’’ potential children. Based on this worse case residues and ‘‘other substances that surface water concentrations were analysis, the contribution of drinking have a common mechanism of toxicity’’. estimated using the rice simulation in water derived from treated rice paddy Available information in this context generic expected environmental water to the dietary risk is much greater include not only toxicity, chemistry, concentration (GENEEC) 1.3. The and exposure data, but also scientific
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56907 policies and methodologies for 0.000174 mg/kg bwt/day for the data support use of the standard 100– understanding common mechanisms of maximally exposed adult fold uncertainty factor and that an toxicity and conducting cumulative risk subpopulation, non-hispanic other than additional uncertainty factor is not assessments. For most pesticides, black or white, and the maximum needed for bispyribac-sodium to be although the Agency has some occupancy of the RfD from 0.159% to further protective of infants and information in its files that may turn out 1.02 percent. Generally, the Agency has children. to be helpful in eventually determining no cause for concern if total residue i. Chronic risk. Using the whether a pesticide shares a common contribution is less than 100% of the conservative, Tier I exposure mechanism of toxicity with any other RfD. It can be concluded that there is a assumptions described above, the substances, EPA does not, at this time, reasonable certainty that no harm will percentage of the RfD utilized by dietary have the methodologies to resolve the result to the overall U.S. population and (food only) exposure to residues of complex scientific issues concerning many non-child/infant subgroups from bispyribac-sodium is very small. common mechanism of toxicity in a aggregate, chronic exposure to Exposures range from 0.000018 mg/kg meaningful way. bispyribac-sodium residues. bwt/day for non-nursing infants (<1 year There are no other pesticidal ii. Acute Exposure. Using the Tier I old) to 0.000007 mg/kg bwt/day for compounds that are structurally related acute dietary exposure assessment children 7–12 —0.106 to 0.041% of the to bispyribac-sodium and have similar procedures described above for RfD. Adding the worse case potential effects on animals. In consideration of bispyribac-sodium, calculated acute incremental exposure to infants and potential cumulative effects of dietary exposure resulting from children from bispyribac-sodium in bispyribac-sodium and other substances tolerance level residue exposure to the drinking water obtained from treated that may have a common mechanism of U.S. population from the proposed rice rice paddy water (0.000515 mg/kg bwt/ toxicity, there are currently no available use of bispyribac-sodium is minimal. day) materially increases the aggregate, data or other reliable information The estimated acute dietary exposure at chronic dietary exposure and increases indicating that any toxic effects the 95th and 99th percentiles of exposure the occupancy of the RfD by 3.03% to produced by bispyribac-sodium would from food for the overall U.S. 3.14% for non-nursing infants (<1–year be cumulative with those of other population is 0.000031 and 0.000152 old). EPA generally has no concern for chemical compounds. Thus, only the mg/kg bwt/day, respectively. Addition exposures below 100% of the RfD potential risks of bispyribac-sodium of the worse case potential chronic because the RfD represents the level at have been considered in this assessment exposure from drinking water increases or below which daily aggregate dietary of aggregate exposure and effects. exposure by 0.000147 mg/kg bwt/day. exposure over a lifetime will not pose Valent will submit information for This addition of water exposure reduces appreciable risks to human health. It EPA to consider concerning potential the MOE value at the 99.9th percentile of can be concluded that there is a cumulative effects of bispyribac-sodium exposure for the U.S. population from reasonable certainty that no harm will consistent with any schedule 658,000 to 334,000. Similarly, at the 95th result to infants and children from established by EPA pursuant to the percentile the MOE value is reduced aggregate, chronic exposure to Food Quality Protection Act (FQPA). from >1,000,000 to 562,000. In a bispyribac-sodium residues. ii. Acute Exposure. The potential E. Safety Determination conservative policy, the Agency has no cause for concern if total acute exposure acute exposure from food to the various The Food Quality Protection Act of in a Tier I calculation for the 95th child and infant population subgroups 1996 introduces a new standard of percentile yields a MOE of 100 or larger. all provide very large MOE values safety, a reasonable certainty of no It can be concluded that there is a exceeding 370,000. Addition of the harm. To make this determination, at reasonable certainty that no harm will worse case ‘‘background’’ dietary this time the Agency should consider result to the overall U.S. population and exposure from water (0.000515 mg/kg only the incremental risk of bispyribac- many non-child/infant subgroups from bwt/day) reduces the MOE values at the sodium in its exposure assessment. aggregate, acute exposure to bispyribac- 99.9th percentile of exposure for non- Since the potential chronic and acute sodium residues. nursing infants (<1 year old) from exposures to bispyribac-sodium are 2. Infants and children. Safety factor 373,000 to 128,000. Similarly, at the 95th small even using worse case drinking for infants and children. In assessing the percentile the MOE value is reduced water and Tier I dietary (food) potential for additional sensitivity of from >1,000,000 to 166,000. In a exposures (<<100% of RfD, MOE >>100) infants and children to residues of conservative policy, the Agency has no the provisions of the FQPA of 1996 will bispyribac-sodium, FFDCA section 408 cause for concern if total acute exposure not be violated. provides that EPA shall apply an in a Tier I calculation for the 95th 1. U.S. population—i. Chronic additional margin of safety, up to ten– percentile yields a MOE of 100 or larger. exposure. Using the Tier I dietary fold, for added protection for infants It can be concluded that there is a exposure assessment procedures and children in the case of threshold reasonable certainty that no harm will described above for bispyribac-sodium, effects unless EPA determines that a result to infants and children from calculated chronic dietary exposure different margin of safety will be safe for aggregate, acute exposure to bispyribac- resulting from residue exposure from infants and children. sodium residues. the proposed rice use of bispyribac- The toxicological data base for 3. Safety determination summary. sodium is minimal. The estimated evaluating prenatal and postnatal Aggregate acute or chronic dietary chronic dietary exposure from food for toxicity for bispyribac-sodium is exposure to various sub-populations of the overall U.S. population and many complete with respect to current data children and adults demonstrate non-child/infant subgroups is 0.159 to requirements. There are no special acceptable risk, even though total 0.018% of the RfD (0.000027 to prenatal or postnatal toxicity concerns calculated dietary exposure is 0.000003 mg/kg bwt/day). Addition of for infants and children, based on the dominated by the unrealistic the worse case potential chronic results of the rat and rabbit overestimation of potential drinking exposure from drinking water obtained developmental toxicity studies or the 2– water concentrations. Chronic from treated rice paddy water increases generation reproductive toxicity study exposures to bispyribac-sodium occupy exposure by 0.000147 mg/kg bwt/day to in rats. Valent concludes that reliable considerably less than 100% of the RfD,
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TABLE 3.ÐSUMMARY OF EXPOSURE VALUES AND CORRESPONDING RISK QUOTIENTS FOR AGGREGATE EXPOSURES TO BISPYRIBAC-SODIUM BY DIFFERENT ROUTES AND DURATIONS (ALL EXPOSURE VALUES ARE IN MG/KG BW/DAY)
Percent Percentile Food Water Aggregate RfD MOE
Chronic dietary (RfD = 0.017 mg/kg b.w./day). Adult (Non-Hispanic other than black or white) ...... NA* 0.000027 0.000147 0.000174 1.02 NA Infants and children (Non-nursing infants (<1 year old)) ...... NA 0.0000187 0.000515 0.000533 3.14 NA
Acute dietary: Acute endpoint = 100 mg/kg bw/day. Adult (U.S. Population) ...... 99.9th 0.000152 0.000147 0.000299 NA 334,000 ...... 95.5th 0.0000312 0.000147 0.0001782 NA 561,000
Infants and children (Non-nursing infants (<1 year old)) ...... 99.9th 0.000268 0.000515 0.000783 NA 128,000 ...... 95th 0.000087 0.000515 0.000602 NA 166,000
*Not applicable
F. International Tolerances Replies to an opposition must be filed Place: 999 Street, NW., Washington, There are presently no Codex within 10 days after the time for filing DC maximum residue limits (MRL) oppositions has expired. Status: This meeting will be closed to established for bispyribac-sodium. The Subject: Amendment of Section 2.106 of the public. compound is presently registered for the Commission’s Rules to Allocate Items To Be Discussed: use on rice in several countries in Asia, Spectrum at 2 GHz for Use by the Compliance matters pursuant to 2 Southeast Asia, Japan, South and Mobile Satellite Service (ET Docket No. U.S.C. § 437g. Central America, the Dominican 95–18) Audits conducted pursuant to 2 Republic, and Turkey. The use pattern Number of Petitions Filed: 7. U.S.C. § 437g, § 438(b), and Title 26, is very similar to that proposed for the U.S.C. Federal Communications Commission. United States. Two countries have Matters concerning participation in established tolerances: Japan a Magalie Roman Salas, civil actions or proceedings or minimum MRL of 0.1 ppm and Brazil a Secretary. arbitration. MRL of 0.01 ppm both bispyribac- [FR Doc. 00–24064 Filed 9–19–00; 8:45 am] Internal personnel rules and sodium in/on brown rice. BILLING CODE 6712±01±M procedures or matters affecting a [FR Doc. 00–24212 Filed 9–19–00; 8:45 am] particular employee. BILLING CODE 6560±50±S Date & Time: Thursday, September FEDERAL ELECTION COMMISSION 28, 2000 at 10 a.m. Sunshine Act Meeting Place: 999 Street, NW., Washington, FEDERAL COMMUNICATIONS DC (Ninth Floor). COMMISSION Previously Announced Date & Time: Status: This meeting will be open to Thursday, September 14, 2000, 10 a.m., the public. [Report No. 2438] Meeting open to the public. The following item was added to the Items To Be Discussed: Petitions for Reconsideration and agenda: (continued from open meeting Correction and Approval of Minutes. Clarification of Action in Rulemaking of September 12, 2000) Advisory Opinion 2000–23: New York Proceeding Draft Statements of Reasons—Petitions State Democratic Committee by counsel, September 13, 2000. to Deny Certification of Public Funds Joseph E. Sandler and Neil P. Reiff. Petitions for Reconsideration and to Patrick J. Buchanan and Ezola Advisory Opinion 2000–26: Joel Clarification have been filed in the Foster (LRAs#598/599). Deckard, Reform Party candidates, U.S. Commission’s rulemaking proceeding Previously Announced Date & Time: Senate, Florida. listed in this Public Notice and Thursday, September 21, 2000, 10 a.m., Status of Regulations: Soft Money published pursuant to 47 CFR Section meeting open to the public. Rulemaking. 1.429(e). The full text of this document The following item was added to the Administrative Matters. is available for viewing and copying in agenda: (held over from open meeting of Person to Contact for Information: Mr. Room CY–A257, 445 12th Street, S.W., September 14, 2000) Ron Harris, Press Officer, Telephone Washington, D.C. or may be purchased Dole for President—Statement of (202) 694–1220. from the Commission’s copy contractor, Reasons (LRA#467) ITS, Inc. (202) 857–3800. Oppositions to Dole/Kemp ’96, Inc.—Statement of Mary W. Dove, these petitions must be filed by October Reasons (LRA#506) Acting Secretary of the Commission. 5, 2000. See Section 1.4(b)(1) of the Date & Time: Tuesday, September 26, [FR Doc. 00–24325 Filed 9–18–00; 3:26 pm] Commission’s rules (47 CFR 1.4(b)(1)). 2000 at 10 a.m. BILLING CODE 6715±01±M
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FEDERAL MARITIME COMMISSION Gustavo Belgrano, General Manager Individual), Robert K. Buack, (Qualifying Individual) President Notice of Agreement(s) Filed Oceanlinx International LLC, 15 Dated: September 15, 2000 Enclosure Drive, Morganville, NJ The Commission hereby gives notice Theodore A. Zook, 07751, Officer: S. Raghuveer, Vice of the filing of the following Assistant Secretary President (Qualifying Individual) agreement(s) under the Shipping Act of [FR Doc. 00–24192 Filed 9–19–00; 8:45 am] 1984. Interested parties can review or Non-Vessel Operating Common Carrier BILLING CODE 6730±01±P obtain copies of agreements at the and Ocean Freight Forwarder Washington, DC offices of the Transportation Intermediary Commission, 800 North Capitol Street, Applicants FEDERAL MARITIME COMMISSION N.W., Room 940. Interested parties may TPS Aviation, Inc., 1515 Crocker Ocean Transportation Intermediary submit comments on an agreement to Avenue, Hayward, CA 94544–7038, License Terminations the Secretary, Federal Maritime Officer: George S. Kujiraoka, President Commission, Washington, DC 20573, (Qualifying Individual) The Federal Maritime Commission within 10 days of the date this notice American Global Logistics Inc., 122 East hereby gives notice that the following appears in the Federal Register. 55th Street., 6th Floor, New York, NY ocean transportation intermediary Agreement No.: 011689–001. 10022, Officer: John Pragelas, licenses have been terminated pursuant Title: Zim/CSCL Space Charter Managing Director (Qualifying to section 19 of the Shipping Act of Agreement FMC Agreement No. Individual) 1984 (46 U.S.C. app. 1718) and the 011689–001. YES Logistics Corporation, 475 14th regulations of the Commission Parties: China Shipping Container Street, Suite 500, Oakland, CA 94612 pertaining to the licensing of Ocean Lines Co. Ltd. (‘‘CSCL’’) Zim Israel Officers: Frank Chao, President Transportation Intermediaries, effective Navigation Co., Ltd. (‘‘Zim’’). (Qualifying Individual), Ching Chang on the corresponding dates shown Synopsis: The proposed agreement Wu, Director below: amendment reflects the creation of Click4Ship.com, Inc., 1448 S. Santa Fe LICENSE NUMBER: 4508F. CSCL’s new string serving China-Japan- Avenue, Compton, CA 90221, NAME: Chippeys Enterprises, Inc. Korea-U.S. West Coast, increases the Officers: ADDRESS: 744 NW 107th Street, Miami, slot commitments, breaks down those Richard Zhao, CEO (Qualifying FL 33168. commitments by vessel string, and adds Individual), Haiying Chen, CFO DATE REVOKED: July 19, 2000. provisions on vessel dry dock notice Ocean Freight Forwarders—Ocean REASON: Failed to maintain a valid and omission of ports. The parties bond. request expedited review. Transportation Intermediary Applicants LICENSE NUMBER: 14095N. Dated: September 15, 2000. NAME: Consolidated Express Co., Ltd. By Order of the Federal Maritime Koil Inc. d/b/a Vship Co., 61–20, Grand ADDRESS: 11222 La Cienega Blvd., Commission. Central Pkwy, C–208, Forest Hills, NY #168, Inglewood, CA 90304 Theodore A. Zook, 11375, Officers: Bindu Koilparampil, DATE REVOKED: July 12, 2000. President (Qualifying Individual), Ali Assistant Secretary. REASON: Failed to maintain a valid A. Siddiqui, Secretary bond. [FR Doc. 00–24189 Filed 9–19–00; 8:45 am] Beluga International Inc., 1079 Carriage LICENSE NUMBER: 7993N. BILLING CODE 6730±01±P Hill Parkway, Annapolis, MD 21401, NAME: Diversified Freight Container Officers: Peter Johnson, President Line, Inc. (Qualifying Individual), Jenny Zhang, FEDERAL MARITIME COMMISSION ADDRESS: 955 Dillon Drive, Wood Vice President Dale, IL 60191. Universal Freightways Texas, Inc. d/b/a Ocean Transportation Intermediary DATE REVOKED: July 26, 2000. License; Applicant Universal Freightways 18411 Viscount Road, Bldg. #9, Suite 100, REASON: Failed to maintain a valid Notice is hereby given that the Houston, TX 77032, Officers: Juan bond. following applicants have filed with the Carlos Esquivel, President (Qualifying LICENSE NUMBER: 14652N. Federal Maritime Commission an Individual), Robert Esquivel, Director NAME: East Indies America Line, Inc. d/ application for licenses as Non-Vessel Universal Freightways New York Corp b/a East Indies Australia Line. Operating Common Carrier and Ocean d/b/a Universal Freightways, 868 ADDRESS: 11042 SR 525, Suite 123– Freight Forwarder—Ocean Elston Street, Rahway, NJ 07065, 503, Clinton, WA 98236. Transportation Intermediary pursuant to Officers: Juan Carlos Esquivel, DATE REVOKED: July 13, 2000. section 19 of the Shipping Act of 1984 President (Qualifying Individual), REASON: Failed to maintain a valid as amended (46 U.S.C. app. 1718 and 46 Robert Esquivel, Director bond. CFR 515). Interlogistix, L.L.C., 140 E. 19th Avenue, LICENSE NUMBER: 1227N. Persons knowing of any reason why Suite 201, Denver, CO 80203, Officers: NAME: Fast Shipping Co., d/b/a the following applicants should not Brad Schmeh, Operation Manager Logitrade and Asiapac d/b/a DG Lines receive a license are requested to (Qualifying Individual), David ADDRESS: 201 Servilla Avenue, Suite contact the Office of Transportation Cisneros, Managing Partner 306, Coral Gables, FL 33134. Intermediaries, Federal Maritime Alden International, Inc., 809 DATE REVOKED: August 13, 2000. Commission, Washington, D.C. 20573. Washington, Traverse City, MI 49686, REASON: Failed to maintain a valid Officer: Evan A. Smith, President bond. Non-Vessel Operating Common Carrier (Qualifying Individual) LICENSE NUMBER: 4532F. Ocean Transportation Intermediary FR Meyer’s Sohn North America LLC, NAME: Florida International Applicants One First Avenue, Suite 100, West Forwarders, Inc. Quest Logistics, Inc., 9999 NW 89 Ave., Reading, PA 19611, Officers: George ADDRESS: 10302 NW South River Bay #3, Medley, FL 33178, Officer: Santa Cara, Vice President (Qualifying Drive, Bay #18, Miami, FL 33178.
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REVOKED: July 16, 2000. NAME: Mondo Max Inc. ADDRESS: 17204 S. Figueroa Street, REASON: Failed to maintain a valid ADDRESS: 1107 East Chapman Avenue, Gardena, CA 90248. bond. Suite 201, Orange, CA 95866. DATE REVOKED: July 19, 2000. LICENSE NUMBER: 4518F. DATE REVOKED: July 26, 2000. REASON: Failed to maintain a valid NAME: Freight Connection REASON: Failed to maintain a valid bond. bond. Incorporated. LICENSE NUMBER: 16270N. ADDRESS: 324 Garden Road, LICENSE NUMBER: 16737F. NAME: Trans Service Line (USA), Inc. Springfield, PA 19064. NAME: P-Serv Technologies, Inc. ADDRESS: 50 Broadway, Suite 1603, ADDRESS: 4457 Willow Road, Suite DATE REVOKED: July 15, 2000. New York, NY 10004 100, Pleasanton, CA 94588 REASON: Failed to maintain a valid DATE REVOKED: July 12, 2000. bond. DATE TEMINATED: August 14, 2000. REASON: Surrendered license REASON: Failed to maintain a valid LICENSE NUMBER: 3281F. voluntarily. bond. NAME: International Forwarding LICENSE NUMBER: 14345N. LICENSE NUMBER: 6272N. Services, Inc. NAME: Pyramid Ocean Carriers, Inc. NAME: Weber International Freight Inc. ADDRESS: 6521–31 N.W. 87th Avenue, ADDRESS: 15311 Vantage Parkway ADDRESS: 10 Milford Lane, Melville, Miami, FL 33166 West, Suite 100, Houston, TX 77032. NY 11747. DATE TERMINATED: June 27, 2000. DATE REVOKED: July 15, 2000. DATE REVOKED: July 20, 2000. REASON: Surrendered license REASON: Failed to maintain a valid REASON: Failed to maintain a valid voluntarily. bond. bond. LICENSE NUMBER: 4539F. LICENSE NUMBER: 15318N. LICENSE NUMBER: 10338N. NAME: Kenneth Clark Company, Inc. NAME: Redwood Systems, Inc. NAME: Zap Cargo Services, Inc. ADDRESS: P.O. Box 9145, Baltimore, ADDRESS: 175 Linfield Drive, Menlo ADDRESS: 8425 NW 29th Street, Miami, MD 21222. Park, CA 94025. FL 33122. DATE REVOKED: July 9, 2000. DATE REVOKED: July 15, 2000. DATE REVOKED: July 19, 2000. REASON: Failed to maintain a valid REASON: Failed to maintain a valid REASON: Failed to maintain a valid bond. bond. bond. LICENSE NUMBER: 16074N. LICENSE NUMBER: 3171. NAME: Madison Transport, Inc. NAME: RSB Logistic Services Inc. Sandra L. Kusumoto, ADDRESS: 2088 Main Street, Suite D, ADDRESS: 219 Cardinal Crescent, Director, Bureau of Consumer Complaints Madison, MS 39110 Saskatoon, Canada S7L–7K8. and Licensing. DATE REVOKED: August 10, 2000. DATE REVOKED: May 18, 2000. [FR Doc. 00–24190 Filed 9–19–00; 8:45 am] REASON: Failed to maintain a valid REASON: Failed to maintain a valid BILLING CODE 6730±01±P bond. bond. LICENSE NUMBER: 15136N. LICENSE NUMBER: 3071F. NAME: Maritime Brokers Inc. NAME: Saga Transport (U.S.A.) Inc. FEDERAL MARITIME COMMISSION ADDRESS: 1680 N.W. 95th Avenue, ADDRESS: 5306 Clinton Drive, Miami, FL 33172. Houston, TX 77020. Ocean Transportation Intermediary DATE REVOKED: February 27, 2000. DATE TEMINATED: July 18, 2000. License; Reissuance of License REASON: Surrendered license REASON: Failed to maintain a valid voluntarily. Notice is hereby given that the bond. LICENSE NUMBER: 16091N. following Ocean Transportation LICENSE NUMBER: 14334N. NAME: Salem Logistics Services, Inc. Intermediary license has been reissued NAME: Mercantile Logistics Inc. ADDRESS: 1 Port Center, 35 West by the Federal Maritime Commission ADDRESS: Giralda Farms Madison Broadway, Salem, NJ 08079–1048. pursuant to section 19 of the Shipping Avenue, P.O. Box 885, Madison, NJ DATE REVOKED: July 20, 2000. Act of 1984, as amended by OSRA 1998 07940–0885 REASON: Failed to maintain a valid (46 U.S.C. app. 1718) and the DATE REVOKED: August 2, 2000. bond. regulations of the Commission REASON: Failed to maintain a valid LICENSE NUMBER: 14561N. pertaining to the licensing of Ocean bond. NAME: Thomas Cheong d/b/a Tower Transportation Intermediaries, 46 CFR LICENSE NUMBER: 14237NF. Trans International. 515.
LICENSE NO. NAME/ADDRESS DATE REISSUED
4532F ...... Florida International Forwarders, Inc., 10302 NW, South River Drive, July 16, 2000. Bay 18, Miami, FL 33178.
Sandra L. Kusumoto, FEDERAL RESERVE SYSTEM the Federal Reserve System (Board) its Director, Bureau of Consumer Complaints approval authority under the Paperwork and Licensing. Agency Information Collection Reduction Act, as per 5 CFR 1320.16, to [FR Doc. 00–24191 Filed 9–19–00; 8:45 am] Activities: Proposed Collection; approve of and assign OMB control Comment Request BILLING CODE 6730±01±P numbers to collection of information AGENCY: Board of Governors of the requests and requirements conducted or Federal Reserve System. sponsored by the Board under SUMMARY: Background. conditions set forth in 5 CFR 1320 On June 15, 1984, the Office of Appendix A.1. Board-approved Management and Budget (OMB) collections of information are delegated to the Board of Governors of incorporated into the official OMB
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56911 inventory of currently approved room M–P–500 between 9:00 a.m. and uses the data to monitor holding collections of information. Copies of the 5:00 p.m., except as provided in section company operations and determine OMB 83–Is and supporting statements 261.14 of the Board’s Rules Regarding holding company compliance with the and approved collection of information Availability of Information, 12 CFR provisions of the Bank Holding instruments are placed into OMB’s 261.14(a). Company Act (BHC Act) and Regulation public docket files. The Federal Reserve A copy of the comments may also be Y (12 CFR 225). The FR Y–6A is an may not conduct or sponsor, and the submitted to the OMB desk officer for event-generated report filed by top-tier respondent is not required to respond the Board: Alexander T. Hunt, Office of bank holding companies and to, an information collection that has Information and Regulatory Affairs, unaffiliated state member banks to been extended, revised, or implemented Office of Management and Budget, New report changes in regulated investments on or after October 1, 1995, unless it Executive Office Building, Room 3208, and activities made pursuant to the displays a currently valid OMB control Washington, DC 20503. Bank Holding Company Act and number. FOR FURTHER INFORMATION CONTACT: A Regulation Y. The report collects information relating to acquisitions, Request for Comment on Information copy of the proposed form and divestitures, changes in activities, and Collection Proposals instructions, the Paperwork Reduction Act Submission (OMB 83–I), supporting legal authority. The number of FR Y– The following information statement, and other documents that 6As submitted varies depending on the collections, which are being handled will be placed into OMB’s public docket reportable activity engaged in by each under this delegated authority, have files once approved may be requested bank holding company. received initial Board approval and are from the agency clearance officer, whose Current actions: The FR Y–6 hereby published for comment. At the name appears below. Mary M. West, organization charts would be revised to end of the comment period, the Federal Reserve Board Clearance Officer exclude small merchant banking proposed information collections, along (202–452-3829), Division of Research investments and to include parallel with an analysis of comments and and Statistics, Board of Governors of the language from the reportable entities recommendations received, will be Federal Reserve System, Washington, sections of the proposed FR Y–10 submitted to the Board for final DC 20551. Telecommunications Device instructions, as appropriate. To reduce approval under OMB delegated for the Deaf (TDD) users may contact respondent burden and make the forms authority. Comments are invited on the Diane Jenkins, (202–452–3544), Board of easier to use, the Federal Reserve following: Governors of the Federal Reserve proposes to reformat the FR Y–6A into a. whether the proposed collections of System, Washington, DC 20551. a new form, the FR Y–10. The proposed information are necessary for the proper FR Y–10 and FR Y–10F forms would performance of the Federal Reserve’s Proposal To Approve Under OMB make the reporting of structure data for functions; including whether the Delegated Authority the Extension for domestic and foreign banking information has practical utility; Three Years, With Revision, of the organizations more similar. In addition b. the accuracy of the Federal Following Reports to the formatting changes, the following Reserve’s estimate of the burden of the 1. Report title: Annual Report of Bank changes would be made to the data proposed information collections, Holding Companies (FR Y–6) and content currently collected on the FR Y– including the validity of the Changes in Investments and Activities 6A: increase the thresholds for methodology and assumptions used; of Top-Tier Financial Holding investments to be included, reduce the c. ways to enhance the quality, utility, Companies, Bank Holding Companies, types of investments to be included, and and clarity of the information to be and State Member Banks (FR Y–6A) streamline the method of reporting collected; and Agency form number: FR Y–6 and FR percentage of ownership for nonbanking d. ways to minimize the burden of Y–6A investments. Reporting fewer information collections on respondents, OMB control number: 7100–0124 investments will reduce reporting including through the use of automated Frequency: annual and event- burden. In addition, reporting of legal collection techniques or other forms of generated authority (regulatory) and activity codes information technology. Reporters: domestic top-tier BHCs would be simplified. Annual reporting hours: 22,552 hours. DATES: Comments must be submitted on 2. Report title: Annual Report of Estimated average hours per response: or before November 20, 2000. Foreign Banking Organizations (FR Y–7) 4 hours. ADDRESSES: Comments, which should and Foreign Banking Organization Number of respondents: 5,638. Structure Report on U.S. Banking and refer to the OMB control number or Small businesses are not affected. agency form number, should be General description of report: This Nonbanking Activities (FR Y–7A) Agency form number: FR Y–7 and FR addressed to Jennifer J. Johnson, information collection is mandatory; Secretary, Board of Governors of the Y–7A Section 5(c) of the Bank Holding OMB control number: 7100–0125 Federal Reserve System, 20th and C Company Act (BHC Act) (12 U.S.C. Frequency: annual, event-generated Streets, N.W., Washington, DC 20551, or 1844(c)); Section 9 of the FRA (12 U.S.C. Reporters: foreign banking mailed electronically to 321); Section 25 of the FRA (12 U.S.C. organizations [email protected]. 601–604a); Section 25A of the FRA (12 Annual reporting hours: 3,761 Comments addressed to Ms. Johnson U.S.C. 611-631); and, Regulation Y (12 Estimated average hours per response: also may be delivered to the Board’s CFR part 225). Upon request from a 11.5 hours mailroom between 8:45 a.m. and 5:15 respondent, certain information may be Number of respondents: 327 p.m., and to the security control room given confidential treatment pursuant to Small businesses are not affected. outside of those hours. Both the the Freedom of Information Act (5 General description of report: This mailroom and the security control room U.S.C. §§ 552(b)(4) and (6)). information collection is mandatory; are accessible from the courtyard Abstract: All top-tier BHCs file the FR Section 5(c) of the BHC Act (12 U.S.C. entrance on 20th Street between Y–6 which collects financial data, an 1844(c)); Section 7 and 13(a) of the Constitution Avenue and C Street, N.W. organization chart and information International Banking Act of 1978 (12 Comments received may be inspected in about shareholders. The Federal Reserve U.S.C. 3106 and 3108 (a)); Section 25 of
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56912 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices the FRA (12 U.S.C. 601–604a); Section event-generated basis. The FR Y–10F with a bank holding company, Edge and 25A of the FRA (12 U.S.C. 611–631); report would also include data on agreement corporations; FR Y–10F: and, Regulation Y (12 CFR part 225). managed non-U.S. branches, not foreign banking organizations. Upon request from a respondent, certain included on the FR Y–7A report. Annual reporting hours: FR Y–10: information may be given confidential 12,240 hours; FR Y–10F: 2,044 hours. Proposal to Approve Under OMB treatment pursuant to the Freedom of Estimated average hours per response: Delegated Authority the Revision, Information Act (5 U.S.C. §§ 552(b)(4) 1.25 hours. Without Extension, of the Following and (6)). Number of respondents: FR Y–10: Abstract: The FR Y–7 is a report filed Report 2,448; FR Y–10F: 327. by all FBOs that engage in banking in Report title: Report of Changes in Small businesses are not affected. the United States, either directly or Foreign Investments Made Pursuant to General description of report: These indirectly, to update their financial and Regulation K information collections are mandatory; organizational information. The Federal Agency form number: FR 2064 Section 5(c) of the Bank Holding Reserve uses information to assess an OMB control number: 7100–0109 Company Act (BHC Act) (12 U.S.C. FBO’s ability to be a continuing source Frequency: event-generated 1844(c)); Section 4 of the BHC Act (12 of strength to its U.S. banking Reporters: BHCs, member banks, and U.S.C. 1843(k)); Section 25 of the FRA operations and to determine compliance Edge and agreement corporations (12 U.S.C. 601–604a); Section 25A of the Annual reporting hours: 64 with U.S. laws and regulations. The FR FRA (12 U.S.C. 611–631); and, Estimated average hours per response: Y–7A is a structural report completed Regulation Y (12 CFR part 225); FR Y– .40 hours 10 only—Section 9 of the FRA (12 by foreign banking organizations that Number of respondents: 40 engage in banking in the United States, U.S.C. 321); FR Y–10F only—Section 7 Small businesses are not affected. and 13(a) of the international Banking either indirectly through a subsidiary General description of report: This Act of 1978 (12 U.S.C. 3106 and 3108 bank, Edge or agreement corporation, or information collection is mandatory; (a)). Upon request from a respondent, commercial lending company, or Section 5(c) of the BHC Act (12 U.S.C. certain information may be given directly through a branch or agency. The 1844(c)); Section 7 and 13(a) of the confidential treatment pursuant to the information contained in this report is International Banking Act of 1978 (12 Freedom of Information Act (5 U.S.C. used by the Federal Reserve System to U.S.C. 3106 and 3108 (a)); Section 25 of §§ 552(b)(4) and (6)). assess the foreign banking organization’s the FRA (12 U.S.C. 601–604a); Section ability to be a continuing source of Current actions: To reduce burden 25A of the FRA (12 U.S.C. 611–631); and make the forms easier to use, the strength to its U.S. banking operations and, Regulation K (12 CFR part Federal Reserve proposes to reformat and to determine compliance with U.S. 211.7(c)); and is given confidential the FR Y–6A and FR Y–7A into two laws and regulations. treatment (5 U.S.C. 552(b)(4) and (b)(6)). Current actions: The FR Y–7 would be Abstract: The Report of Changes in forms, the FR Y–10 and FR Y–10F, revised to include information on Foreign Investments Made Pursuant to respectively. These forms would make business measurement tests currently Regulation K is an event-generated the reporting of structure data for included on the FR Y–7A. Also, the due report filed by BHCs, member banks, domestic and foreign banking date would be changed to 90 calendar and Edge and agreement corporations to organizations more similar. In addition days after the respondent’s fiscal year record changes in their international to the formatting changes, the following end to be consistent with the FR Y–6. investments. The Federal Reserve uses changes would be made to the data The FR Y–7 organization charts would the information to monitor investments content currently collected on the FR Y– be revised to exclude small merchant in the international operations of U.S. 6A and FR Y–7A: increase the banking investments and to include banking organizations and to fulfill its thresholds for investments to be parallel language from the reportable supervisory responsibilities under included, reduce the types of entities sections of the proposed FR Y– Regulation K. investments to be included, and 10F instructions, as appropriate. To Current Actions: The FR 2064 would streamline the method of reporting reduce respondent burden and make the be revised to include only the percentage of ownership for nonbanking forms easier to use, the Federal Reserve information on historical cost of investments. In addition, reporting of proposes to reformat the FR Y–7A into investments, as required by Regulation legal authority (regulatory) and activity a new form, the FR Y–10F. The K; structure information would be codes would be simplified. To improve proposed FR Y–10F and FR Y–10 forms moved to the proposed FR Y–10. Also, the timeliness of the data, the reporting would make the reporting of structure the threshold for reporting these foreign schedule of the FR Y–10 and FR Y–10F data for foreign banking organizations investments would be raised, and the reports would vary for different types of and domestic more similar. In addition reporting frequency of the FR 2064 transactions. For consistency purposes, to the formatting changes, the following would be changed from event-generated FBOs, which currently file on an annual changes would be made to the data to quarterly. basis, would report the required content currently collected on the FR Y– structure information on an event- 7A: increase the thresholds for Proposal To Approve Under OMB generated basis. The FR Y–10F report investments to be included, reduce the Delegated Authority the would also include data on managed types of investments to be included, and Implementation of the Following non-U.S. branches, not included on the streamline the method of reporting Reports FR Y–7A report. In addition structure percentage of ownership for nonbanking Report title: Report of Changes in information would be moved from the investments. Reporting fewer Organizational Structure (FR Y–10) and FR 2064 to the FR Y–10. investments will reduce reporting Report of Changes in FBO In particular the Federal Reserve is burden. In addition, reporting of legal Organizational Structure (FR Y–10F). requesting comment on the following: authority (regulatory) and activity codes Agency form number: FR Y–10 and The Federal Reserve considered would be simplified. For consistency FR Y–10F. additional alternatives for reducing purposes, FBOs, which currently file on Frequency: event-generated. reporting burden for these reports. One an annual basis, would report the Reporters: FR Y–10: bank holding possibility would be a materiality test required structure information on an companies, member banks not affiliated for reporting nonbanking companies
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(such as insurance and securities a nonbanking company, the review also electronic announcement that not only companies) that do not file financial includes whether the acquisition of the lists applications, but also indicates reports with the Federal Reserve nonbanking company complies with the procedural and other information about System. The Federal Reserve solicits standards in section 4 of the BHC Act the meeting. comment on whether such a materiality (12 U.S.C. 1843). Unless otherwise Dated: September 15, 2000. test would be helpful, and, if so, how noted, nonbanking activities will be Jennifer J. Johnson, this should be defined. The FR Y–6 and conducted throughout the United States. Secretary of the Board. FR Y–7 include organization charts, Additional information on all bank which would collect information about holding companies may be obtained [FR Doc. 00–24193 Filed 9–15–00; 5:01 pm] entities that would not be reportable on from the National Information Center BILLING CODE 6210±01±P the proposed FR Y–10 and FR Y–10F. website at www.ffiec.gov/nic/. The Federal Reserve solicits comment Unless otherwise noted, comments on whether reporters would find it regarding each of these applications DEPARTMENT OF HEALTH AND easier to annotate the organization must be received at the Reserve Bank HUMAN SERVICES charts to show the entities that are not indicated or the offices of the Board of reportable on the proposed new reports Governors not later than October 16, Centers for Disease Control and or to list those entities separately. 2000. Prevention The proposed FR Y–10 and FR Y–10F A. Federal Reserve Bank of Clinical Laboratory Improvement would collect information about a Richmond (A. Linwood Gill, III, Vice reportable entity’s primary activity, and Advisory Committee (CLIAC): Notice; President) 701 East Byrd Street, Correction the proposed definition of ‘primary’ is Richmond, Virginia 23261–4528: based on revenue. The Federal Reserve 1. BB&T Corporation, Winston-Salem, In accordance with section 10(a)(2) of solicits comment on whether gross or North Carolina; to merge with FCNB the Federal Advisory Committee Act net revenue is appropriate for this Corp, Frederick, Maryland, and thereby (Pub. L. 92–463), the Centers for Disease definition or, as an alternative, whether indirectly acquire FCNB Bank, Control and Prevention (CDC) assets should be used. Frederick, Maryland. announces the following committee The Federal Reserve also solicits Board of Governors of the Federal notice correction. comments on whether reporters would Reserve System, September 15, 2000. This notice announces the correction find NAICS codes useful in describing of previously announced meeting in the Jennifer J. Johnson, the activities of their nonbanking Federal Register: August 25, 2000 entities. Secretary of the Board. (Volume 65, Number 166) [Notices— Board of Governors of the Federal Reserve [FR Doc. 00–24157 Filed 9–19–00; 8:45 am] Page 51832] BILLING CODE 6210±01±P System, September 15, 2000. ACTION: Notice; correction. Jennifer J. Johnson, Secretary of the Board. Name: Clinical Laboratory FEDERAL RESERVE SYSTEM [FR Doc. 00–24156 Filed 9–19–00; 8:45 am] Improvement Advisory Committee (CLIAC). BILLING CODE 6210±01±P Sunshine Act Meeting Times and Dates: AGENCY HOLDING THE MEETING: Board of 8:30 a.m.—5 p.m., September 27, 2000 FEDERAL RESERVE SYSTEM Governors of the Federal Reserve 8:30 a.m.—3:30 p.m., September 28, System. 2000 Formations of, Acquisitions by, and TIME AND DATE: Place: CDC, Koger Center, Williams Mergers of Bank Holding Companies 10 a.m., Monday, September 25, 2000. Building, Conference Rooms 1802 and The companies listed in this notice PLACE: Marriner S. Eccles Federal 1805, 2877 Brandywine Road, Atlanta, have applied to the Board for approval, Reserve Board Building, 20th and C Georgia 30341. pursuant to the Bank Holding Company Streets, NW., Washington, D.C. 20551. Status: Open to the public, limited only by the space available. The meeting Act of 1956 (12 U.S.C. 1841 et seq.) STATUS: Closed. (BHC Act), Regulation Y (12 CFR Part room accommodates approximately 85 MATTERS TO BE CONSIDERED: 225), and all other applicable statutes people. and regulations to become a bank 1. Personnel actions (appointments, Purpose: This committee is charged holding company and/or to acquire the promotions, assignments, with providing scientific and technical assets or the ownership of, control of, or reassignments, and salary actions) advice and guidance to the Secretary of the power to vote shares of a bank or involving individual Federal Reserve Health and Human Services, the bank holding company and all of the System employees. Assistant Secretary for Health, and the 2. Any items carried forward from a banks and nonbanking companies Director, CDC, regarding the need for, previously announced meeting. owned by the bank holding company, and the nature of, revisions to the including the companies listed below. CONTACT PERSON FOR MORE INFORMATION: standards under which clinical The applications listed below, as well Lynn S. Fox, Assistant to the Board; laboratories are regulated; the impact of as other related filings required by the 202–452–3204. proposed revisions to the standards; and Board, are available for immediate SUPPLEMENTARY INFORMATION: You may the modification of the standards to inspection at the Federal Reserve Bank call 202–452–3206 beginning at accommodate technological advances. indicated. The application also will be approximately 5 p.m. two business days Matters to be Discussed: This agenda available for inspection at the offices of before the meeting for a recorded has been updated since previously the Board of Governors. Interested announcement of bank and bank published on August 25, 2000. The persons may express their views in holding company applications agenda will include an orientation of writing on the standards enumerated in scheduled for the meeting; or you may new members. The morning session of the BHC Act (12 U.S.C. 1842(c)). If the contact the Board’s Web site at http:// the first day will be devoted to the proposal also involves the acquisition of www.federalreserve.gov for an orientation which consists of providing
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56914 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices background information on the Clinical entitled ‘‘Streamlining the Blood Donor approximately 15 working days after the Laboratory Improvement Amendments History Questionnaire.’’ The purpose of meeting at a cost of 10 cents per page. of 1988 (CLIA) program. The revised the public workshop is to streamline the The transcript will also be available on agenda also will include the workgroup blood donor history questionnaire the FDA Internet site at http:// report on specimens and test systems without compromising the safety of the www.fda.gov/cber/minutes/workshop- not currently regulated under CLIA, the nation’s blood supply. The public min.htm. criteria and process for waiver, and workshop is jointly sponsored by FDA Dated: September 14, 2000. and the American Association of Blood updates from CDC, Food and Drug William K. Hubbard, Administration and Health Care Banks. Date and Time: The public workshop Senior Associate, Commissioner for Policy, Financing Administration. Planning, and Legislation. The Committee solicits oral and will be held on October 16, 2000, from written testimony on specimens and test 8:30 a.m. to 5 p.m. [FR Doc. 00–24124 Filed 9–19–00; 8:45 am] systems not currently regulated under Location: The public workshop will BILLING CODE 4160±01±F CLIA. Requests to make an oral be held at the Lister Hill Conference presentation should be submitted in Center, National Institutes of Health, Building 38A, 8600 Rockville Pike, DEPARTMENT OF HEALTH AND writing to the contact person listed HUMAN SERVICES below by close of business, September Bethesda, MD 20894. Contact: Joseph Wilczek, Center for 20, 2000. All requests to make oral Food and Drug Administration comments should contain the name, Biologics Evaluation and Research address, telephone number, and (HFM–350), Food and Drug Evaluation of New Vaccines: How organizational affiliation of the Administration, 1401 Rockville Pike, Much Safety Data?; Public Workshop presenter. Rockville, MD 20852–1448, 301–827– Written comments should not exceed 6129, FAX 301–827–2843. AGENCY: Food and Drug Administration, five single-spaced typed pages in length Registration: Mail or fax your HHS. and should be received by the contact registration information (including ACTION: Notice of public workshop. person listed below by close of business, name, title, firm name, address, September 20, 2000. telephone, and fax number) to Joseph The Food and Drug Administration Agenda items are subject to change as Wilczek (address above) by Friday, (FDA) is announcing the following priorities dictate. October 6, 2000. There is no registration public workshop: ‘‘Evaluation of New fee for the public workshop. Seating is Vaccines: How Much Safety Data?’’ The CONTACT PERSON FOR ADDITIONAL limited, therefore interested parties are purpose of the workshop is to address INFORMATION: Rhonda Whalen, Acting encouraged to register early. issues in the safety evaluation of new Chief, Laboratory Practice Standards Registration at the site will be done on vaccines, including the feasibility and Branch, Division of Laboratory Systems, a space available basis on the day of the desirability of performing larger pre- Public Health Practice Program Office, public workshop, beginning at 7:30 a.m. licensure trials of vaccines in order to CDC, 4770 Buford Highway, NE, If you need special accommodations provide more precise measures of safety Mailstop F–11, Atlanta, Georgia 30341– due to a disability, please contact Joseph prior to widespread use, and to discuss 3724, telephone 770/488–8042, fax 770/ Wilczek at least 7 days in advance. the optimal balance between pre- 488–8279. Agenda: The public workshop is licensure and post-licensure evaluation The Director, Management Analysis expected to address, but is not limited of vaccine safety. and Services Office, has been delegated to, the following issues and topics: (1) Date and Time: The workshop will be the authority to sign Federal Register The role of the blood donor interview in held on November 14, 2000, from 1 p.m. notices pertaining to announcements of assuring blood safety; (2) overview of to 5:30 p.m. and on November 15, 2000, meetings and other committee past efforts to improve the donor history from 8:30 a.m. to 5 p.m. management activities for both CDC and questionnaire; (3) different Location: The workshop will be held the Agency for Toxic Substances and methodologies in performing donor at the Lister Hill Conference Center, Disease Registry. history evaluations; (4) validating the National Institutes of Health, Bldg. 38A, Dated: September 6, 2000. donor history questionnaire as a tool for 8600 Rockville Pike, Bethesda, MD Carolyn J. Russell, reducing and eliminating risks to the 20814. Director, Management Analysis and Services blood supply; (5) analysis of error and Contact: Office, Centers for Disease Control and accident reports and post donation For information regarding this notice: Prevention. information that resulted from Nathaniel L. Geary, Center for Biologics [FR Doc. 00–24106 Filed 9–19–00; 8:45 am] inaccurate or misleading donor history Evaluation and Research (HFM–17), BILLING CODE 4163±18±P responses; and (6) suggestions on how Food and Drug Administration, 1401 the donor questionnaire can be Rockville Pike, Rockville, MD 20852– streamlined without compromising 1448, 301–827–6210, FAX 301–827– DEPARTMENT OF HEALTH AND either donor, product, or recipient 1944. HUMAN SERVICES safety. For information regarding the The public workshop agenda will be workshop: Mary A. Foulkes, Center for Food and Drug Administration posted on the FDA Internet as soon as Biologics Evaluation and Research the information becomes available. The (HFM–210), Food and Drug Streamlining the Blood Donor History FDA Internet address is http:// Administration, 1401 Rockville Pike, Questionnaire; Public Workshop www.fda.gov/cber/whatsnew.htm. Rockville, MD 20852–1448, 301–827– AGENCY: Food and Drug Administration, Transcripts: Transcripts of the public 3034, FAX 301–827–3529. HHS. workshop may be requested in writing For registration information: Sandy L. ACTION: Notice. from the Freedom of Information Office Coffin, Center for Biologics Evaluation (HFI–35), Food and Drug and Research (HFM–210), Food and The Food and Drug Administration Administration, 5600 Fishers Lane, rm. Drug Administration, 1401 Rockville (FDA) is announcing a public workshop 12A–16, Rockville, MD 20857, Pike, Rockville, MD 20852–1448, 301–
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827–3034, FAX 301–827–3529, or e- approximately 15 working days after the Southwest, Washington, DC 20410; e- mail: [email protected]. meeting at a cost of 10 cents per page. mail [email protected]; Registration: Send or fax your The transcript will also be available at telephone (202) 708–2374. This is not a registration form (including name, title, the Center for Biologics Evaluation and toll-free number. Copies of the proposed firm name, address, telephone, fax Research Internet site at http:// forms and other available documents number, and e-mail address) to the www.fda.gov/cber/minutes/workshop- submitted to OMB may be obtained Sandy L. Coffin (address above) by min.htm. from Mr. Eddins. Friday, October 20, 2000. There is no Dated: September 14, 2000. SUPPLEMENTARY INFORMATION: The registration fee for the workshop, William K. Hubbard, Department has submitted the proposal however, seating is limited. Therefore, Senior Associate, Commissioner for Policy, for the collection of information, as interested parties are encouraged to Planning, and Legislation. described below, to OMB for review, as register early. [FR Doc. 00–24125 Filed 9–19–00; 8:45 am] required by the Paperwork Reduction You may get a copy of the registration BILLING CODE 4160±01±F Act (44 U.S.C. Chapter 35). The Notice form and additional information about lists the following information: (1) the this workshop from the Internet at http:/ title of the information collection /www.fda.gov/cber/meetings/ proposal; (2) the office of the agency to DEPARTMENT OF HOUSING AND vac111400.htm. collect the information; (3) the OMB URBAN DEVELOPMENT If you need special accommodations approval number, if applicable; (4) the due to a disability, please contact Sandy [Docket No. FR±4561±N±59] description of the need for the L. Coffin (address above) at least 7 days information and its proposed use; (5) in advance. Notice of Submission of Proposed the agency form number, if applicable; SUPPLEMENTARY INFORMATION: This Information Collection to OMB; Fair (6) what members of the public will be workshop is cosponsored by the Housing Literacy Survey affected by the proposal; (7) how following organizations: FDA, Center for frequently information submissions will AGENCY: Office of the Chief Information Biologics Evaluation and Research; be required; (8) an estimate of the total Officer, HUD. National Institutes of Health, National number of hours needed to prepare the Institute of Allergy and Infectious ACTION: Notice. information submission including number of respondents, frequency of Diseases; Centers for Disease Control SUMMARY: The proposed information and Prevention (CDC); Health Resources collection requirement described below response, and hours of response; (9) and Services Administration; and has been submitted to the Office of whether the proposal is new, an National Vaccine Program Office, CDC. Management and Budget (OMB) for extension, reinstatement, or revision of The workshop will be of primary review, as required by the Paperwork an information collection requirement; interest to public health professionals Reduction Act. The Department is and (10) the name and telephone evaluating new vaccines and to vaccine soliciting public comments on the number of an agency official familiar manufacturers developing new subject proposal. with the proposal and of the OMB Desk vaccines. The objectives of the Office for the Department. workshop are to: Describe the evolution DATES: Comments Due Date: October 20, This Notice also lists the following of new vaccine evaluation and the 2000. information: current approaches to postmarketing ADDRESSES: Interested persons are Title of Proposal: Fair Housing safety evaluation, discuss public invited to submit comments regarding Literacy Survey. concerns about vaccine safety, and this proposal. Comments should refer to OMB Approval number: 2528–XXX. explore alternatives for enhancing the proposal by name and/or OMB Form Numbers: None. postmarketing safety evaluation and the approval number and should be sent to: Description of the Need for the value and feasibility of larger pre- Joseph F. Lackey, Jr., OMB Desk Officer, Information and Its Proposed Use: The licensure trials. Office of Management and Budget, purpose is to survey the extent if public Transcripts: Transcripts of the Room 10235, New Executive Office awareness of the nation’s fair housing meeting may be requested in writing Building, Washington, DC 20503. laws. from the Freedom of Information Office FOR FURTHER INFORMATION CONTACT: Respondents: Individuals or (HFI–35), Food and Drug Wayne Eddins, Reports Management Households. Administration, 5600 Fishers Lane, rm. Officer, Q, Department of Housing and Frequency of Submission: Biannually. 12A–16, Rockville, MD 20857, Urban Development, 451 Seventh Street, Reporting Burden:
× Frequency of × Hours per Number of respondents response response = Burden hours
1500 ...... 1 0.1 175
Total Estimated Burden Hours: 175. Dated: September 13, 2000. DEPARTMENT OF HOUSING AND Status: New. Wayne Eddins, URBAN DEVELOPMENT Departmental Reports Management Officer, Authority: Section 3507 of the Paperwork Office of the Chief Information Officer. [Docket No. FR±4561±N±60] Reduction Act of 1995, 44 U.S.C. 35, as amended. [FR Doc. 00–24102 Filed 9–19–00; 8:45 am] Notice of Submission of Proposed BILLING CODE 4210±01±M Information Collection to OMB; HUD 2020 Partners Survey
AGENCY: Office of the Chief Information Officer, HUD.
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ACTION: Notice. mail [email protected]; number of respondents, frequency, and telephone (202) 708–2374. This is not a hours of response; (9) whether the SUMMARY: The proposed information toll-free number. Copies of the proposed proposal is new, an extension, collection requirement described below forms and other available documents reinstatement, or revision of an has been submitted to the Office of submitted to OMB may be obtained information collection requirement; and Management and Budget (OMB) for from Mr. Eddins. (10) the name and telephone number of review, as required by the Paperwork SUPPLEMENTARY INFORMATION: The an agency official familiar with the Reduction Act. The Department is Department has submitted the proposal proposal and of the OMB Desk Officer soliciting public comments on the for the collection of information, as for the Department. subject proposal. described below, to OMB for review, as This Notice also lists the following DATES: Comments Due Date: October 20, required by the Paperwork Reduction information: 2000. Act (44 U.S.C. Chapter 35). The Notice Title of Proposal: HUD 2020 Partners. ADDRESSES: Interested persons are lists the following information: (1) the OMB Approval Number: 2528–XXXX. invited to submit comments regarding title of the information collection Form Numbers: None. this proposal. Comments should refer to proposal; (2) the office of the agency to the proposal by name and/or OMB collect the information; (3) the OMB Description of the Need for the approval number and should be sent to: approval number, if applicable; (4) the Information and its Proposed Use: The Joseph F. Lackey, Jr., OMB Desk Officer, description of the need for the purpose is to survey the perceptions of Office of Management and Budget, information and its proposed use; (5) HUD partner groups about HUD Room 10235, New Executive Office the agency form number, if applicable; performance and changes in that HUD Building, Washington, DC 20503. (6) what members of the public will be 2020 Management reforms. FOR FURTHER INFORMATION CONTACT: affected by the proposal; (7) how Respondents: Business or other for- Wayne Eddins, Reports Management frequently information submissions will profit, Not-for-profit institutions, State, Officer, Q, Department of Housing and be required; (8) an estimate of the total Local or Tribal Government. Urban Development, 451 Seventh Street, number of hours needed to prepare the Frequency of Submission: Biannually. Southwest, Washington, DC 20410; e- information submission including Reporting Burden:
× Frequency of × Hours per re- Number of respondents response sponse Burden hours
2,418 ...... 1 0.25 605
Total Estimated Burden Hours: 605. Service (NMFS), jointly referred to as document by appointment during Status: New. the Services, addresses the role of normal business hours in Room 420, Authority: Section 3507 of the Paperwork controlled propagation in the 4401 North Fairfax Drive, Arlington, Reduction Act of 1995, 44 U.S.C. 35, as conservation and recovery of species Virginia 22203. amended. listed as endangered or threatened FOR FURTHER INFORMATION CONTACT: Dated: September 13, 2000. under the Endangered Species Act of David Harrelson, Division of 1973 (as amended) (Act). The policy Wayne Eddins, Endangered Species, U.S. Fish and provides guidance and establishes Wildlife Service at the above address Departmental Reports Management Officer, consistency for use of controlled Office of the Chief Information Officer. (703/358–2171) or by e-mail at propagation as a component of a listed _ [FR Doc. 00–24103 Filed 9–19–00; 8:45 am] David [email protected]; or Marta species recovery strategy. This policy Nammack, Office of Protected BILLING CODE 4210±01±M will help to ensure smooth transitions Resources, National Marine Fisheries between various phases of conservation Service (301/713–1401) or by e-mail at efforts such as propagation, [email protected]. DEPARTMENT OF THE INTERIOR reintroduction and monitoring, and SUPPLEMENTARY INFORMATION: The foster efficient use of available funds. Endangered Species Act specifically Fish and Wildlife Service The policy supports the controlled charges us with the responsibility for propagation of listed species when identification, protection, management, DEPARTMENT OF COMMERCE recommended in an approved recovery and recovery of species of plants and plan or when necessary to prevent animals in danger of extinction. National Oceanic and Atmospheric extinction of a species. Appropriate uses Fulfilling this responsibility requires the Administration of controlled propagation include protection and conservation of not only supporting recovery related research, RIN 1018±AG25 individual organisms and populations, maintaining refugia populations, but also the genetic and ecological Policy Regarding Controlled providing plants or animals for resources that listed species represent. Propagation of Species Listed Under reintroduction or augmentation of Long-term viability depends on the Endangered Species Act existing populations, and conserving maintaining genetic adaptability within species or populations at risk of AGENCIES: each species. Species, as defined in Fish and Wildlife Service, imminent extinction or extirpation. Interior; National Marine Fisheries section 3(15) of the Act, includes ‘‘any DATES: Service, Commerce. The final policy on controlled subspecies of fish or wildlife or plants, propagation is effective October 20, ACTION: Notice of policy. and any distinct population segment of 2000. any species of vertebrate fish or wildlife SUMMARY: This policy, published jointly ADDRESSES: You may view comments which interbreeds when mature.’’ by the Fish and Wildlife Service (FWS) and materials received during the public Though the Act emphasizes the and the National Marine Fisheries comment period for the draft policy restoration of listed species in their
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56917 natural habitats, section 3(3) of the Act others, to follow as may be practical, the involving controlled propagation of recognizes propagation as a tool protocols and standards of the AZA, and listed species for purposes other than available to us to achieve this end. The other appropriate organizations, for the release in the wild will still be required controlled propagation of animals and controlled propagation of animal to develop appropriate measures to plants in certain situations is an species. The Center for Plant address concerns identified under essential tool for the conservation and Conservation (CPC) is similar to the section E. 5. of this policy. recovery of listed species. In the past, AZA in that this organization consists of Issue: The policy would apply to we have used controlled propagation to member botanical gardens and arboreta foreign species being maintained and reverse population declines and to that are involved in preventing the propagated in U.S. zoological and successfully return listed species to extinction of native plants, including aquarium facilities or by private suitable habitat in the wild. To support those federally listed as endangered or individuals. the goal of restoring endangered and threatened. When practical, the Services Response: This policy only applies to threatened animals and plants, we are and others are encouraged to use the species indigenous to the United States obligated to develop sound policies protocols and standards of the CPC, and and its territories for which we have, or based on the best available scientific other appropriate organizations, when intend to prepare, recovery plans. We and commercial information. propagating listed plant species. have exempted foreign species that are Those individuals or organizations listed under the Act and being Summary of Comments and that currently have permits to keep propagated or maintained in the United Recommendations listed species are exempt from this States for conservation purposes. Issue: Requirements to develop A draft policy on this subject was policy for the duration of the permit genetics and reintroduction guidance published on February 7, 1996 (61 FR unless the Regional Director (FWS) or documents for species being propagated 4716), and invited public comment. We Assistant Administrator (NMFS) for augmentation of existing populations received 47 comments. Twenty-four determines otherwise. For example, a or for the establishment of new were from zoos, aquariums, botanical permit holder implementing activities recommended in an approved recovery populations in the wild are not gardens, and conservation plan is exempt and would not need to practical. organizations, 3 from academic reapply for a new permit. We have made Response: We recognize this concern institutions, 6 from private individuals substantial efforts to avoid adverse and have modified the policy and business organizations, 2 from impacts, economic or otherwise, in accordingly. In many instances there is government organizations, and 12 from order that cooperative recovery insufficient biological knowledge of the State natural resource agencies. Nearly partnership opportunities may be listed species to develop detailed all comments received were supportive maintained or increased with qualified genetic management documents, and of the policy and its goals. Comments organizations and individuals. the requirement for these documents that expressed concerns or criticisms Issue: The policy would apply to may unnecessarily burden conservation were limited, though quite specific. We research activities identified in recovery and recovery efforts. However, we reviewed all comments received, and plans in which controlled propagation strongly recommend development of suggestions or clarifications have been or unintentional propagation may occur. these documents if adequate incorporated into the final policy text. Response: Research identified in information is available. Furthermore, The following describes the major issues recovery plans, including research that we reemphasize the recommendation in identified and our responses. may lead to development of a controlled the draft policy that controlled Issue: The draft policy, as published, propagation capacity, is not covered by propagation activities follow accepted would have a significant impact in this policy because the intent of such standards, which include appropriate terms of increased workload on the research is not the production of genetics management. Services, zoological parks and individuals for introduction into the Issue: There are too many reporting aquariums, private organizations, and wild. Should offspring that are the requirements. individual citizens. product of research efforts be proposed Response: We have reduced reporting Response: We acknowledge this for introduction into the wild, such requirements. However, we need to concern and have modified the policy to offspring and any proposed identify those listed species involved in reduce impacts to the zoo and aquarium reintroductions will be subject to this controlled propagation programs, the community, botanical facilities, Federal policy. level of production in these programs, fish hatcheries, and others who may be Should circumstances arise in the and efforts to secure appropriate habitat involved in propagation of listed course of implementing recovery for population augmentation, species. As amended, this final policy is activities, including research, in which reintroduction, and recovery. not expected to have a significant application of this policy is deemed Issue: The requirement that controlled impact on organizations or individuals necessary for the benefit of the listed propagation be permitted only if involved in propagation of listed species, the decision to apply the policy indicated in an approved final recovery species. The majority of zoological parks will rest with the Regional Director or plan would place an unnecessary and aquaria that are involved in Assistant Administrator. burden on Federal programs to revise programs assisting the recovery of Research on species with short existing recovery plans to meet this endangered and threatened animal lifespans (e.g., 1 to 2 years) that requires requirement. species native to the United States are maintenance of a captive population not Response: We do not agree. The members of the American Zoo and intended for release to the wild is recovery plans for most species for Aquarium Association (AZA). The AZA exempt from this policy. However, all which controlled propagation is has developed numerous strategies, activities involving reproduction of a occurring have identified this action as protocols, and standards that address listed U.S. species must meet the a specific recovery task. Where concerns associated with captive animal requirements of the Act, as well as any controlled propagation is not identified populations involved in conservation- other legal and administrative as a task in the recovery plan, but has based breeding programs. This final obligations. All persons or institutions been subsequently determined to be policy encourages the Services, and conducting approved activities necessary to the recovery of the species,
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In accordance with the criteria 12630, this policy does not pose set forth in Executive Order 12866, this 10. Government-to-Government significant takings implications, and a Relationship With Tribes policy is not a significant regulatory takings implication assessment is not action. Under current and anticipated required. Implementation of this policy Though no reintroductions of levels of activity, this policy will not will not result in ‘‘take’’ of private captively propagated federally result in an annual economic effect of property and will not alter the value of endangered or threatened species have $100 million or more. Moreover, this private property. Many reintroductions been undertaken, in accordance with policy will not adversely affect an of propagated species occur exclusively the President’s memorandum of April economic sector, productivity, jobs, the on FWS, other Federal, or State lands, 29, 1994, ‘‘Government-to-Government environment, or other units of but reintroductions on private lands are Relations with Native American Tribal government. The controlled propagation not unknown. In such cases, the private Governments’’ (59 FR 22951) and 512 policy does not pertain to commercial entities work with the Services as DM 2, we recognize the potential for products or activities or anything traded willing partners to ensure the success of such actions in the future and the in the marketplace. the reintroduction effort. obligation to relate to federally recognized Tribes on a government-to- 2. Regulatory Flexibility Act (5 U.S.C. 6. Federalism government basis. 601 et seq.) In accordance with Executive Order References Cited We certify that this policy will not 13132, this policy does not have have a significant economic effect on a sufficient federalism implications to A complete list of all references cited substantial number of small entities. warrant the preparation of a federalism in this final policy is available on This policy does not apply to all species assessment. It does not affect the request from the Washington Office of listed under the Act but only to those structure or role of States, and will not the Division of Endangered Species (see species native to the United States and have direct, substantial, or significant ADDRESSES section). its territories for which recovery plans effects on States. Releases of propagated Authors. The primary authors of this exist or are expected to be developed. species typically occur on Federal or policy are David Harrelson of the Fish Furthermore, controlled propagation is State lands. The States work with the and Wildlife Service’s Division of restricted to those species for which Services as willing partners to ensure Endangered Species, Mail Stop 420 such propagation is specifically the success of reintroduction efforts. ARLSQ, 1849 C Street, NW, recommended in an approved final Washington, DC 20240 (703/358–2171), 7. Civil Justice Reform recovery plan. Programs involving the and Marta Nammack of the National controlled propagation of federally In accordance with Executive Order Marine Fisheries Service’s Protected listed species are typically restricted to 12988, the Department of the Interior’s Species Management Division, 1335 institutions such as the FWS’s National Office of the Solicitor has determined East-West Highway, Silver Spring, Fish Hatcheries and Fish Technology that this policy does not unduly burden Maryland 20910 (301/713–1401). Centers. Nongovernmental entities that the judicial system. The final policy Policy Statement may be involved in the controlled provides clear standards, simplifies A. What is the purpose of this policy? propagation of listed species are procedures, reduces burden, and is This policy provides guidance and typically organizations with a high level clearly written such that litigation risk establishes consistency with respect to of technical skill in the captive is minimized. Fish and Wildlife Service (FWS) and maintenance and breeding of plants and 8. Paperwork Reduction Act of 1995 (44 National Marine Fisheries Service animals, such as zoos, aquaria, and U.S.C. 3501 et seq.) (NMFS), jointly called the Services, botanical gardens. Rarely are academic This policy does not contain any new activities in which the controlled institutions and even more infrequently, information collection requirements for propagation of a listed species, as the private individuals, involved in the which Office of Management and term ‘‘species’’ is defined in section controlled propagation of listed species Budget approval under the Paperwork 3(15) of the Act, is implemented as a for conservation and recovery purposes. Reduction Act is required. The OMB component of the recovery strategy for 3. Small Business Regulatory Fairness control number for the FWS is 1018– a listed species. It supports and Act (5 U.S.C. 804(2)) 0094 and for NMFS is 0648–0230 and promotes coordination between various 0648–0402. phases of controlled propagation efforts This is not a major rule under 5 U.S.C. such as propagation technology 9. National Environmental Policy Act 804(2). This policy will not have an development, propagation for release, annual effect on the economy of $100 We have analyzed this policy under population augmentation, million or more, produce increases in the criteria of the National reintroduction, and monitoring. This costs or prices for consumers, Environmental Policy Act of 1969 as policy will also contribute to the individual industries or Federal, State amended, and have determined that the efficient use of funding resources. or local government agencies, affect issuance of this policy is categorically Guidance is provided regarding the economic competitiveness, or excluded by the Department of the use of controlled propagation for: economically impact geographic regions Interior in 516 DM 2, Appendix 1.10. • Preventing the extinction of listed in the United States or its territories. The NMFS concurs with the Department species, subspecies, or populations;
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• Recovery-oriented scientific natural habitat wherever possible, capacity to survive and reproduce in the research, including, but not restricted without resorting to the use of wild; to, developing propagation methods and controlled propagation. This position is • Genetic introgression, which may technology, and other actions that are fully consistent with the Act. diminish local adaptations of the expected to result in a net benefit to the We recognize that genetic and naturally occurring population; listed taxon. Use of surrogates, while ecological risks may be associated with • Increased predation, competition applicable to the recovery of listed introducing to the wild, animals and for food, space, mates, or other factors species, is exempt from the plants bred and reared in a controlled that may displace naturally occurring requirements of this policy; environment. When considering individuals, or interfere with foraging, • Maintaining genetic vigor and controlled propagation as a recovery migratory, reproductive, or other demographic diversity of listed species, option, the potential benefits and risks essential behaviors; and • subspecies, or populations; must be assessed and alternatives Disease transmission. • Maintaining refugia populations for requiring less intervention objectively Controlled propagation programs nearly extinct animals or plants on a evaluated. If controlled propagation is must be undertaken in a manner that temporary basis until threats to a listed identified as an appropriate strategy for minimizes potentially adverse impacts species’ habitat are alleviated, or the recovery of a listed species, it must to existing wild populations of listed necessary habitat modifications are be conducted in a manner that will, to species, and we must conduct completed, or when potentially the maximum extent possible, preserve controlled propagation programs in a catastrophic events occur (e.g., chemical the genetic and ecological manner that avoids additional listing spills, severe storms, fires, flooding); distinctiveness of the listed species and actions. • Providing individuals for minimize risks to existing wild D. What are the definitions for terms establishing new, self-sustaining populations. used in this policy? The following populations necessary for recovery of We recognize that for many species, definitions apply: Controlled environment—A the listed species; and information available for detailed • controlled environment is one Supplementing or enhancing extant genetics conservation management or manipulated for the purpose of populations to facilitate recovery of the assessment of risks associated with producing or rearing progeny of the listed species. reintroduction may be insufficient. species in question, and of a design B. What is the scope of this policy? Therefore, this policy does not intended to prevent unplanned escape This policy applies to all pertinent specifically require written genetic or entry of plants, animals, or gametes, organizational elements of both management plans and ecological risk embryos, seeds, propagules, or other Services, notwithstanding those assessments to initiate or support differences in administrative procedures potential reproductive products. controlled propagation programs. Controlled propagation—Among and policies as noted. Exceptions to this Additionally, acute conservation needs policy appear in section F. This policy animals, it includes natural or artificial may legitimately outweigh delays that matings, fertilization of sex cells, pertains to all efforts requiring permits would be incurred by such a under 50 CFR 17 subparts C and D, transfer of embryos, development of requirement. However, where sufficient offspring, and grow-out of individuals of funded, authorized, or carried out by us biological and environmental that are conducted to propagate a species when the species is information exists, and where intentionally confined or the mating is threatened or endangered species by: conservation activities would not be • Establishing or maintaining refugia directly intended by human unduly constrained, a formal populations; intervention. • Producing individuals for research assessment of ecological and genetic The term also includes the human- and technology development needs; risks is strongly encouraged. Risks that induced propagation of plants from • Producing individuals for must be evaluated in the planning of seeds, spores, callus tissue, divisions, supplementing extant populations; and controlled propagation programs cuttings, or other plant tissue, or • Producing individuals for include the following specific examples: • through pollination in a controlled reintroduction to suitable habitat within Removal of natural parental stock environment. the species’ historic range. that may result in an increased risk of • Defined in the context of this C. Why is this policy necessary? The extinction by reducing the abundance of policy, controlled propagation refers to controlled propagation of animals and wild individuals and reducing genetic the production of individuals, generally plants in certain situations is an variability within naturally occurring within a managed environment, for the essential tool for the conservation and populations; purpose of supplementing or • recovery of listed species. In the past, Equipment failures, human error, augmenting a wild population(s), or we have used controlled propagation to disease, and other potential catastrophic reintroduction to the wild to establish reverse population declines and to events that may cause the loss of some new populations. successfully return listed species to or all of the population being held or Intercross—Any instance of suitable habitat in the wild. maintained in captivity or cultivation; interbreeding or genetic exchange Though controlled propagation has a • The potential for an increased level between individuals of different species, supportive role in the recovery of some of inbreeding or other adverse genetic subspecies, or distinct population listed species, the intent of the Act is effects within populations that may segments of a vertebrate species. ‘‘to provide a means whereby the result from the enhancement of only a Phenotype—The expression of the ecosystems upon which endangered portion of the gene pool; genetic makeup of an organism through species and threatened species depend • Potential erosion of genetic physical characteristics that make up its may be conserved.’’ Controlled differences between populations as a appearance. propagation is not a substitute for result of mixed stock transfers or Recovery priority system—The system addressing factors responsible for an supplementation; used for assigning recovery priorities to endangered or threatened species’ • Exposure to novel selection regimes listed species and to recovery tasks. decline. Therefore, our first priority is to in controlled environments that may Recovery priority is based on the degree recover wild populations in their diminish a listed species’ natural of threat, recovery potential, taxonomic
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Controlled biological ‘‘suitability’’ may include, but species or population segment at risk of propagation programs intended for should not necessarily be limited to, extinction is brought into a controlled reintroduction or augmentation must be analysis of geomorphological environment (i.e., refugia) on a coordinated with habitat management, similarities of habitat, genetic similarity, temporary or permanent basis. restoration, and other species’ recovery phenotypic characteristics, stock Taxon—A formal group of organisms efforts. histories, habitat use, and other of any rank or formal scientific 3. Based on the specific ecological, biological, and behavioral classification. recommendations of recovery strategies indicators. All controlled propagation E. What is our Policy? This policy is identified in approved recovery plans or programs will address the issue of intended to address candidate, supplements to approved recovery plans disposition of individuals found to be: proposed, and listed species indigenous whenever practical. The recovery plan, (a) Unfit for introduction to the wild; to the United States and its territories in addressing controlled propagation, (b) Unfit to serve as broodstock; for which the Services, have, or intend should clearly identify the necessity and (c) Surplus to program needs; or to prepare, recovery plans. This policy role of this activity as a recovery (d) Surplus to the recovery needs for focuses primarily on those activities strategy. the species (e.g., to preclude genetic and involving gamete transfer and 4. Based on specific consideration of ecological swamping). Controlled propagation activities subsequent development and grow-out the potential ecological and genetic should not be initiated without of offspring in a laboratory, botanical effects of the removal of individuals for controlled propagation purposes on including consideration of these issues facility, zoo, hatchery, aquarium, or wild populations and the potential and obtaining required permits and similarly controlled environment. This effects of introductions of artificially other authorizations as necessary. policy also addresses activities related bred animals or plants on the receiving Disposition of individuals surplus to to or preceding controlled propagation population and other resident species. program needs may include use for activities such as: Assessments of potential risks and research or other appropriate purposes. • Obtaining and rearing offspring for benefits will be addressed, as required, Programs involving the controlled research; • through sections 7 and 10 of the Act and propagation of listed species for Procuring broodstock for future the National Environmental Policy Act research purposes identified in final controlled propagation and (NEPA, 42 U.S.C. 4332) for proposed recovery plans and in which progeny augmentation efforts; or • controlled propagation actions. will not be reintroduced to the wild are Holding offspring for a substantial 5. Based on sound scientific exempt from this policy. Examples of portion of their development or through principles to conserve genetic variation exempt actions include research a life-stage that experiences poor and species integrity. Intercrossing will involving the determination of survival in the wild. not be considered for use in controlled germination rates in plants and The goals of this policy include propagation programs unless spawning success rates in fish. This coordinating recovery actions specific to recommended in an approved recovery exemption does not extend to the need controlled propagation activities; plan; supported in an approved genetic for these activities to comply with any maximizing benefits to the listed species management plan (if information is other applicable Federal or State from controlled propagation efforts; available to develop such a plan, and permitting or regulatory requirements. assuring that appropriate recovery which may or may not be part of an 7. Conducted in a manner that takes measures other than controlled approved recovery plan); implemented all known precautions to prohibit the propagation and that other existing in a scientifically controlled and potential introduction or spread of recovery priorities are considered in approved manner; and undertaken to diseases and parasites into controlled making controlled propagation compensate for a loss of genetic viability environments or suitable habitat. decisions; and ensuring prudent use of in listed taxa that have been genetically 8. Conducted in a manner that will funds. isolated in the wild as a result of human prevent the escape or accidental Our policy is that the controlled activity. Use of intercross individuals introduction of individuals outside their propagation of threatened and for species conservation will require the historic range. endangered species will be: approval of the FWS Director or that of 9. Conducted, when feasible, at more 1. Used as a recovery strategy only the NMFS Assistant Administrator, in than one location in order to reduce the when other measures employed to accordance with all applicable policies. potential for catastrophic loss at a single maintain or improve a listed species’ 6. Preceded, when practical, by the facility when a substantial fraction of a status in the wild have failed, are development of a genetics management species or important population determined to be likely to fail, are plan based on accepted scientific segment is brought into captivity. shown to be ineffective in overcoming principles and procedures. Controlled 10. Coordinated, as appropriate, with extant factors limiting recovery, or propagation protocols will follow organizations and qualified individuals would be insufficient to achieve full accepted standards such as those both within and outside our agencies. recovery. All reasonable effort should be employed by the American Zoo and We will cooperate with other Federal made to accomplish conservation Aquarium Association (AZA), the agencies and State, Tribal, and local measures that enable a listed species to Center for Plant Conservation (CPC), governments. recover in the wild, with or without and Federal agency protocols such as 11. Conducted in a manner that will intervention (e.g., artificial cavity fish management guidelines to the meet our information needs and that provisioning), prior to implementing extent practical. All efforts will be made will be in accordance with accepted controlled propagation for by us and our cooperators to ensure that protocols and standards. In the case of reintroduction or supplementation. the genetic makeup of propagated listed species for which traditional
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56921 studbooks or registrations are not 3. In the absence of an approved obligations, or other legal mandate, we practical, records of eggs, larvae, or recovery plan, recommendations will, to the extent practical, make every other life-stages will be maintained. contained in recovery outlines, draft effort to achieve solutions that are 12. With limited exceptions, recovery plans, or made in writing by a consistent with the requirements of the implemented only after a commitment recovery team may be used to justify Act and this policy. to funding is secured. controlled propagation as a necessary G. Who are our potential partners? We 13. Prior to releases of propagated recovery measure for listed species in recognize the need for partnerships with individuals, tied to development of a danger of imminent extinction or other Federal agencies, States, Tribes, reintroduction plan, unless this extirpation of critical populations. local governments, and private entities information is already contained in an However, under such circumstances in the recovery of listed species. We will approved recovery plan, species initiation of controlled propagation seek to develop partnerships with survival plan, or equivalent document activities will require the Regional qualified cooperators for the purpose of that has received the approval of the Director’s or Assistant Administrator’s propagating listed, proposed, and appropriate Service. Controlled approval. candidate species (as authorized under propagation and reintroduction plans 4. Candidate and proposed species sections 6 and 2(a)(5) of the Act). will identify measurable objectives and held in refugia, used in research, or Guidance for this activity is as follows: milestones for the proposed propagation used for the development of propagation 1. The FWS Regional Directors or the and reintroduction effort. The technology that are subsequently listed NMFS Regional Administrators may controlled propagation and as endangered or threatened are explore opportunities for accomplishing reintroduction plan should be based on exempted from this policy. Any controlled propagation and any strategies identified in the approved propagation program initiated with associated research tasks with other recovery plan. It should include candidate or proposed species with the Federal cooperators, FWS/NMFS protocols for health management, intent to produce individuals for release facilities, State agencies, Tribes, disease screening and disease-free to the wild are not exempted and must zoological parks, aquaria, botanical certification, monitoring and evaluation comply with this policy. gardens, academia, and other qualified of genetic, demographic, life-history, 5. Captive breeding of listed species parties at their discretion. We will select phenotypic, and behavioral that are not native to the United States cooperators on the basis of scientific characteristics, data collection, or its territories or possessions, and merits; technical capability; willingness recordkeeping, and reporting as producing individuals not addressed in to adhere to our policies, guidance, and appropriate. On implementation, an approved recovery plan and not protocols; and cost-effectiveness. periodic evaluations must be made to intended for release within the United 2. Regional Directors or Regional assess project progress and consider States or its territories or possessions, is Administrators, depending on which new scientific information and the exempt from this policy. However, such agency has lead for the species, will be status of habitat conservation efforts. activities must comply with any other responsible for ensuring appropriate 14. Conducted in accordance with the Federal and State laws, permit needs, or staff oversight of programs conducted by regulations implementing the other requirements. all cooperators to ensure adherence to Endangered Species Act, Marine 6. The temporary removal and necessary protocols, guidance, and Mammal Protection Act, Animal holding of listed individuals, unless permit conditions, and to coordinate Welfare Act, Lacey Act, Fish and such actions intentionally involve reporting requirements. Wildlife Act of 1956, and the Services’ reproduction other than for purposes of H. What are the Federal agency procedures relative to NEPA. recovery-related research or as needed responsibilities under this policy? This F. Does this policy allow any to maintain a refugia population is policy shall be implemented in exceptions? Except as identified in this exempted. accordance with the following section, any exceptions to the above 7. The short-term holding or captive- guidelines: policy guidelines will require specific rearing of wild-bred individuals 1. The Regional Directors and approval from the FWS Director or the obtained for later reintroduction, Regional Administrators will ensure NMFS Assistant Administrator on a case augmentation, or translocation efforts compliance with this policy for those by case basis. The following when controlled propagation does not species for which they have circumstances have been anticipated take place or is not intended during the responsibility. and are exempted from this policy. period of captive maintenance. 2. Regional Directors and Regional 1. Pacific salmon are exempted from 8. Actions involving cryopreservation Administrators are responsible for this policy. NMFS, as the lead Service or other methods of conserving recovery of listed species under their for the recovery of listed Pacific salmon, biological materials, if not intended for jurisdiction. Recovery actions for which has developed and will continue to use near-term use in controlled propagation Regional Directors and Regional the interim policy (April 5, 1993, 58 FR or the reintroduction into the wild of Administrators have authority include 17573) addressing controlled listed species, are exempt from this establishment of refugia, initiation of propagation of these species. The NMFS policy. When and if reintroduction to necessary research or technology interim artificial propagation policy the wild requires the use of these development, implementation of more specifically addresses the materials, such activities would come controlled propagation programs, and biological needs of these species. under the scope of this policy. propagation research for listed species. 2. Cases where a listed species has an 9. Additional exceptions to this policy When determining species’ priority for ephemeral reproductive stage or short may be made on a case-by-case basis inclusion in controlled propagation (1–2 year) lifespan that necessitates with the approval of the FWS Director programs, we will consider the controlled propagation to sustain the or NMFS Assistant Administrator, as following: listed species in refugia, or to maintain warranted. (a) Whether or not a listed species’ a research population where there is no Where conflicts may arise between recovery plan outline, draft recovery intent to release captive-bred this policy and programs carried out in plan, or final recovery plan identifies individuals from that population into furtherance of restoration goals or controlled propagation as an the wild, are exempt. required by treaty, trust resources appropriate recovery strategy and what
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56922 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices priority this task is assigned within the • A brief description of the status of and 80 hours for NMFS. No costs to overall recovery strategy. wild populations, if any. applicants beyond the cost of hour (b) The availability and willingness of J. What authorities support this burden described above are anticipated. cooperators to contribute to recovery policy? The Endangered Species Act of Annual reports are generally required activities, including cost sharing. 1973, as amended; Marine Mammal for permits for scientific research. 3. In the event that the current Protection Act of 1972, as amended; For organizations, businesses, or recovery plan fails to identify the Animal Welfare Act; Lacey Act; Fish individuals operating as a business (i.e., establishment of refugia, initiation of and Wildlife Act of 1956; and National permittee not covered by the Privacy propagation research, or controlled Environmental Policy Act. Act), we request that such entities propagation as recovery tasks as K. What are the information collection identify any information that should be necessary to the recovery of the species, requirements? The permit application considered privileged and confidential the recovery plan will be updated, required for participation in the business information to allow us to meet amended, or revised as appropriate. controlled propagation of species listed our responsibilities under the Freedom Recovery plans not yet finalized will be under the Act is FWS form #3–200–55 of Information Act. Confidential amended to reflect the changed recovery Interstate Commerce and Recovery and business information must be clearly requirements of the listed species and form #3–200–56 for incidental take. marked ‘‘Business Confidential’’ at the provide justifications as necessary. Applicants for NMFS research/ top of the first page and each succeeding 4. Within 6 months of the effective enhancement permits or incidental take page, and must be accompanied by a date of this policy, FWS Regional permits must meet certain criteria in nonconfidential summary of the Directors will identify all listed species their applications but there are no confidential information. Documents for which they have the lead recovery specific forms. We use these forms or may be made available to the public responsibility that are (1) being held in applications to permit recovery actions under Department of the Interior refugia; (2) involved in pre-propagation that may be undertaken for scientific Freedom of Information Act (FOIA) research; and (3) are involved in purposes, enhancement of propagation regulations in 43 CFR 2.13(c)(4), 43 CFR controlled propagation programs. For or survival, or for incidental taking. 2.15(d)(1)(I) and Department of species involved in controlled Whenever we ask the public to submit Commerce 15 CFR 4. Documents and propagation programs, the level of information, we must have other information submitted with these production and the recovery purpose authorization from the Office of applications are made available for (e.g., augmentation of extant Management and Budget. As part of the public review, subject to the populations, establishment of new permitting process, we often ask the requirements of the Privacy Act and populations) will be identified. This public to provide information such as FOIA, by any party who submits a information will be reported to the filling out permit applications or written request for a copy of such Assistant Director, Endangered Species, submitting reports. documents to the appropriate Service Information collection requirements in the FWS Washington D.C. Office. within 30 days of the date of publication under this policy are included under the 5. Continuation of those programs not of the notice. in conformity with this policy 12 Office of Management and Budget months following implementation of collection approval number 1018–0094 Signed: August 4, 2000. this policy will require the FWS (FWS) and 0648–0230 (NMFS), which Jamie Rappaport Clark, Director’s or NMFS Assistant includes information collection for Director, U.S. Fish and Wildlife Service, Administrator’s concurrence. The permits granted for interstate commerce Department of the Interior. Regional Director and Regional and recovery and incidental take. The Dated: August 18, 2000. Administrator will provide his or her expiration date of this approval is Penelope D. Dalton, February 28, 2001(FWS), and October recommendation to the Director or Assistant Administrator for Fisheries, Assistant Administrator. 31, 2001 (NMFS). The purpose of National Marine Fisheries Service. information collection is to identify I. Does the policy include annual [FR Doc. 00–23957 Filed 9–19–00; 8:45 am] performance of permitted tasks and reporting requirements? For the FWS, BILLING CODE 4310±55±P annual reports based on fiscal years will make decisions, according to criteria be prepared by the responsible regional established in various Federal wildlife authority and submitted to the Director, and plant conservation statutes and DEPARTMENT OF THE INTERIOR through the Assistant Director, described in 50 CFR 17.22(a)(1) and (3) Endangered Species, not later than and 17.32(a)(1) and (3) (FWS) and 50 Bureau of Land Management CFR 222 (NMFS). October 31st of each year. Reports will [NM±020±1040±HV; NMNM±102554] contain the following information for We have estimated that the time each species being maintained in required by an applicant to complete FWS form 3–200–55 is 2 hours. A Direct Sale of Public Land to Richard refugia, in pre-propagation research, or Montoya of Santa Fe, NM under propagation: Applications to NMFS for these permits • Recovery priority number; are estimated to require 80 hours for AGENCY: Bureau of Land Management • Policy criteria that are not met (if completion. The information required is (BLM), Interior. any); already known to the applicant and ACTION: Notice of realty action. • A brief description of the controlled need only be entered on the application propagation program, including form. Summary information for SUMMARY: The following public land has objectives and status; endangered species permit applications been found suitable for direct sale under • List of cooperators, if any; will be published in the Federal Section 203 of the Federal Land Policy • Expenditures for the past fiscal Register as required by regulation. This and Management Act of 1976 (90 Stat. year; notice is provided pursuant to section 2750, 43 U.S.C. 1713) and at no less • Prospects for, or obstacles to, 10(c) of the Act and NEPA regulations than the estimated fair market value. achieving research, controlled (40 CFR 1506.6). The total burden hours The land will not be offered for sale propagation, or reintroduction for completing reporting requirements is until at least 60 days after the date of objectives, and, also estimated at 2 hours for the FWS this notice.
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New Mexico Principal Meridian DEPARTMENT OF THE INTERIOR 2, remote fire detection and suppression T. 17 N., R. 9 E., systems with storage tanks, pumps, and Section 33, lot 37 National Park Service warning devices would be installed in each of the 50 historic structures. The subject public land containing Notice of Availability of an 0.38 acres, more or less will be sold to Environmental Assessment Dated: September 11, 2000. Richard Montoya, of Santa Fe, NM. The Russell A. Thompson, sale is being done to comply with Mr. AGENCY: National Park Service, Acting Superintendent, Gettysburg National Montoya’s color-of-title case. The Department of the Interior. Military Park. proposed sale is for surface rights only. ACTION: Notice of Availability of an [FR Doc. 00–24077 Filed 9–19–00; 8:45 am] The disposal is consistent with the Taos Environmental Assessment to Install BILLING CODE 4310±70±P Resource Area Management Plan dated Fire Suppression Systems for 50 October 1988, state and local Historic Structures at Gettysburg government programs, plans, and National Military Park, Adams County, DEPARTMENT OF THE INTERIOR applicable regulations. Pennsylvania. National Park Service EFFECTIVE DATE: Interested parties may SUMMARY: Pursuant to the Council on submit comments on the direct sale on Environmental Quality regulations and Going-to-the-Sun Road Advisory or before November 6, 2000. National Park Service policy, the NPS Committee; Meeting ADDRESSES: Comments should be sent to announces the availability of a draft AGENCY: National Park Service, Interior. the Taos Field Office Manager, BLM, environmental assessment for the ACTION: 226 Cruz Alta Road, Taos, NM 87571. Installation of Fire Suppression Systems Notice of Meeting for the Going- FOR FURTHER INFORMATION CONTACT: Hal for 50 Historic Structures at Gettysburg to-the-Sun Road Advisory Committee. Knox, BLM, New Mexico State Office, National Military Park. The purpose of SUMMARY: This notice announces a P.O. Box 27115 or at (505) 438–7402. this environmental assessment is to scheduled meeting of the Going-to-the- SUPPLEMENTARY INFORMATION: The direct present the alternatives for installation Sun Road Advisory Committee. Notice sale will contain the following of fire suppression systems in 50 of this meeting is required under the reservations: historic structures and related impacts. Federal Advisory Committee Act (P.L. 1. Excepting to the United States a The NPS is soliciting comments on this 92–463). right-of-way thereon for ditches or environmental assessment. NPS will MEETING DATE AND TIME: Monday, canals constructed by the authority of consider these comments in making a September 25, 2000 (8 a.m. to 12 noon the United States in accordance with the decision pursuant to the National and 1 p.m. to 6 p.m.); and Tuesday, Act of August 30, 1890 (43 U.S.C. 945). Environmental Policy Act (NEPA) and September 26, 2000 (8 a.m. to 12 noon 2. All minerals shall be reserved to the National Historic Preservation Act of and 1 p.m. to 5 p.m.). the United States, together with the 1966 (NHPA). MEETING LOCATION: Community right to prospect for, mine, and remove DATES: The environmental assessment Building, Headquarters, Glacier the minerals. A more detailed will remain available for public National Park, West Glacier, Montana description of this reservation, which comment through October 10, 2000. 59936, 406–888–7897. will be incorporated in the patent FOR FURTHER INFORMATION CONTACT: AGENDA: During the morning of document or other document of Katie Lawhon, (717) 334–1124, conveyance is available for review at the September 25 the Going-to-the-Sun extension 452 or write to Road Advisory Committee will have a BLM office. Superintendent, Gettysburg National The land will be conveyed subject to: field reconnaissance on the Going-to- Military Park, 97 Taneytown Road, 1. Valid existing rights-of-way and the-Sun Road (GTSR). In the afternoon Gettysburg, Pennsylvania 17325. easements. Publication of this notice in the committee will hear and discuss MK the Federal Register will segregate the SUPPLEMENTARY INFORMATION: The Centennials preliminary findings and public land from appropriations under National Park Service proposes to install recommendations on the Engineering the public land laws including the fire suppression systems for 50 historic Study, Socioeconomic Analysis, mining laws but not the mineral leasing structures at Gettysburg National Cultural Landscape Report, and the laws. Military Park in Adams County, Transportation/Visitor Use Study. The This segregation will terminate upon Pennsylvania. The lack of adequate fire meeting will then open for Public the issuance of a patent or other protection places these 50 historic Comment at 5:00 p.m. On September 26 document of conveyance, 270 days from structures at risk. Current uses of the the Advisory Committee will discuss date of publication of this notice in the buildings include interpretive exhibits and refine MK Centennials preliminary Federal Register or upon publication of for visitors, park office space, storage, Conceptual Engineering alternatives for Notice of Termination, which ever employee or rental housing and the rehabilitation of the GTSR. occurs first. agricultural functions. Without fire Discussion of the Public Involvement Any adverse comments will be detection and suppression systems Strategy and an Advisory Committee evaluated by the State Director who may neither the long-term preservation of Business Meeting will occur in the sustain, vacate, or modify this realty these historic structures nor the safety of afternoon. The meeting will then be action. In the absence of any objections, the visitors, employees and residents open for Public Comment at noon and this realty action will become the final who use these buildings can be ensured. at 3:30 p.m. determination of the Department of the Alternatives analyzed in the draft The Committee meeting will be open Interior. Environmental Assessment include to the public. Space and facilities to Alternative 1, No Action and Alternate accommodate the public are limited and Dated: September 7, 2000. 2 (the Proposal). Under Alternative 1, attendees will be accommodated on a Ron Huntsinger, No Action, fire detection and fire first-come basis. Anyone may file with Taos Field Manager. suppression equipment would not be the Committee a written statement [FR Doc. 00–24139 Filed 9–19–00; 8:45 am] installed in the 50 historic structures concerning matters to be discussed. The BILLING CODE 4310±AG±P under consideration. Under Alternative Committee may also permit attendees to
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56924 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices address the Committee, but may restrict individual were collected by an Dated: September 14, 2000. the length of presentations, as necessary unknown individual from Alki Point, John Robbins, to allow the Committee to complete its Seattle, King County, WA. Also at an Assistant Director, Cultural Resources agenda within the allotted time. unknown date, these human remains Stewardship and Partnerships. Anyone who wishes further came into the possession of the [FR Doc. 00–24126 Filed 9–19–00; 8:45 am] information concerning the meeting, or American Museum of Natural History BILLING CODE 4310±70±F who wishes to submit a written and may never have been accessioned statement, may contact Dayna Hudson, into the collections. No known Office of the Superintendent, Glacier individual was identified. No associated DEPARTMENT OF JUSTICE National Park, P.O. Box 128, West funerary objects are present. Glacier, Montana 59936 (telephone 406– Based on the assigned culture name, Notice of Lodging of Consent Decree 888–7972). ‘‘Salish’’, and the geographic location Pursuant to the Comprehensive Draft minutes of the meeting will be where these human remains were Environmental Response, available for public information 30 days found, this individual has been Compensation, and Liability Act after the meeting in the Project identified as Native American. These Manager’s Office, Park Headquarters, In accordance with Department human remains derive from the post- policy, the Department of Justice gives Glacier National Park, West Glacier, contact territory of the Muckleshoot Montana. notice that a proposed partial consent Indian Tribe of the Muckleshoot decree in the consolidated cases John Crowley, Reservation, Washington; and the captioned United States v. Cantrell, et Acting Director, Intermountain Region. Suquamish Indian Tribe of the Port al., Civil Action No. C–1–97–981 (S.D. Madison Reservation, Washington. [FR Doc. 00–24078 Filed 9–19–00; 8:45 am] Ohio) and United States v. Ohio Power Based on geographical evidence and on BILLING CODE 4310±70±P Co., et al., Civil Action No. C–1–98–247 archeological expert opinion, these (S.D. Ohio) was lodged with the United human remains are most likely States District Court for the Southern DEPARTMENT OF THE INTERIOR culturally affiliated with the District of Ohio, Western Division, on Muckleshoot Indian Tribe of the September 1, 2000, pertaining to the National Park Service Muckleshoot Reservation, Washington; Automatic Containers Superfund Site and the Suquamish Indian Tribe of the (the ‘‘Site’’), located near Ironton, in Notice of Inventory Completion for Port Madison Reservation, Washington. Lawrence County, Ohio. The proposed Native American Human Remains and Based on the above-mentioned consent decree would resolve certain Associated Funerary Objects in the information, officials of the American civil claims of the United States for Possession of the American Museum Museum of Natural History have recovery of unreimbursed past response of Natural History, New York, NY determined that, pursuant to 43 CFR costs under section 107 of the 10.2 (d)(1), the human remains listed AGENCY: National Park Service, Interior. Comprehensive Environmental above represent the physical remains of ACTION: Notice. Response, Compensation and Liability a minimum of one individual of Native Act, as amended (‘‘CERCLA’’), 42 U.S.C. Notice is hereby given in accordance American ancestry. Officials of the 9607, against one defendant, Amcast with provisions of the Native American American Museum of Natural History Industrial Corporation (‘‘Amcast’’). Graves Protection and Repatriation Act also have determined that, pursuant to Through seven prior partial consent (NAGPRA), 43 CFR 10.9, of the 43 CFR 10.2 (e), there is a relationship decrees approved by the Court, the completion of an inventory of human of shared group identity that can be United States settled with 34 first-party remains and associated funerary objects reasonably traced between these Native and third-party defendants, recovering in the possession of the American American human remains and the nearly $960,000 in CERCLA response Museum of Natural History, New York, Muckleshoot Indian Tribe of the costs that the United States has to date NY. Muckleshoot Reservation, Washington; incurred in connection with the Site. This notice is published as part of the and the Suquamish Indian Tribe of the The proposed consent decree, captioned National Park Service’s administrative Port Madison Reservation, Washington. ‘‘Partical Consent Decree with Settling responsibilities under NAGPRA, 43 CFR This notice has been sent to officials of Defendant Amcast Industrial 10.2 (c). The determinations within this the Muckleshoot Indian Tribe of the Corporation (f/k/a Dayton Malleable, notice are the sole responsibility of the Muckleshoot Reservation, Washington; Inc.),’’ would provide for payment of an museum, institution, or Federal agency and the Suquamish Indian Tribe of the additional $650,000, which is that has control of these Native Port Madison Reservation, Washington. substantially all of the United States’ American human remains and Representatives of any other Indian tribe remaining past response costs for the associated funerary objects. The that believes itself to be culturally Site. The proposed Consent Decree also National Park Service is not responsible affiliated with these human remains would constitute a declaratory judgment for the determinations within this should contact Martha Graham, Director that Amcast is responsible for any future notice. of Cultural Resources, American CERCLA response costs associated with A detailed assessment of the human Museum of Natural History, Central the Site. remains was made by American Park West at 79th Street, New York, NY The Department of Justice will Museum of Natural History professional 10024–5192, telephone (212) 769–5846, receive, for a period of thirty (30) days staff in consultation with before October 20, 2000. Repatriation of from the date of this publication, representatives of the Muckleshoot the human remains to the Muckleshoot comments relating to the proposed Indian Tribe of the Muckleshoot Indian Tribe of the Muckleshoot consent decree. Comments should be Reservation, Washington; and the Reservation, Washington; and the addressed to the Assistant Attorney Suquamish Indian Tribe of the Port Suquamish Indian Tribe of the Port General, Environment and Natural Madison Reservation, Washington. Madison Reservation, Washington may Resources Division, United States At an unknown date, human remains begin after that date if no additional Department of Justice, Washington, D.C. representing a minimum of one claimants come forward. 20530, and should refer to United States
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56925 v. Cantrell, et al., Civil Action No. C– address taste and odor problems in Site in Billerica, Massachusetts. The 1–97–981 (S.D. Ohio) and United States drinking water served to customers by settlers are owners/operators, generators v. Ohio Power Co., et al., Civil Action the City. The City will spend $1.26 and transporters involved with the No C–1–98–247 (S.D. Ohio), and DOJ million on this project. In addition, the disposal of hazardous substances at the Reference Nos. 90–11–3–1756 and 90– City will sample to determine the Shaffer Landfill. 11–3–1756/1. presence of methyl tertiary butyl ether Pursuant to the proposed settlement, The proposed consent decree may be and ammonium perchlorate in various the performing settling defendants shall examined at: (1) the Office of the United sources under different environmental reimburse the United States for certain States Attorney for the Southern District conditions. The City will spend $26,240 past response costs; pay future oversight of Ohio, 220 U.S. Courthouse, 100 East on this project. costs; construct the Record of Decision Fifth Street, Cincinnati, Ohio 45202 The Department of Justice will receive for the Shaffer Landfill Operable Unit; (contact Gerald Kaminski (513–684– for a period of thirty (30) days from the implement operation and maintenance 3711)); and (2) the United States date of this publication comments for 40 years; and perform certain Environmental Protection Agency relating to the Decree. Comments should groundwater monitoring. A group of (Region 5), 77 West Jackson Boulevard, be addressed to the Assistant Attorney cashout settling defendants shall Chicago, Illinois 60604–3590 (contact General of the Environmental and collectively pay a total of $627,234.40 to Mony Chabria (312–886–6842)). A copy Natural Resources Division, Department the United States, the Commonwealth of of the proposed consent decree may also of Justice, 950 Pennsylvania Avenue, Massachusetts and the performing be obtained by mail from the NW., Washington, DC 20530, and settling defendants. The cashout amount Department of Justice Consent Decree should refer to United States and State is based on the limited financial Library, P.O. Box 7611, Washington, DC of Arizona v. City of Phoenix, Arizona, resources of these parties. 20044. In requesting copies, please refer and D.J. Ref. #90–5–1–1–4437. The Department of Justice will receive to the referenced cases and DOJ The Decree may be examined at the for a period of thirty (30) days from the Reference Numbers, and enclose a check U.S. EPA Region IX, 75 Hawthorne date of this publication comments for $6.50 (26 pages at 25 cents per page Street, San Francisco, California, 94015, relating to the proposed consent decree. reproduction cost), made payable to the and at the U.S. Attorney’s Office, at Comments should be addressed to the Consent Decree Library. United States Courthouse, 230 First Assistant Attorney General of the Avenue, Phoenix, Arizona 85025. Environment and Natural Resources Walker B. Smith, Copies of the decree may be obtained by Division, Department of Justice, P.O. Deputy Chief, Environmental Enforcement mail from the Consent Decree Library, Box 7611, Benjamin Franklin Station, Section, Environment and Natural Resources Department of Justice, P.O. Box 7611, Division. Washington, DC 20044, and should refer Washington, DC 20044–7611. In to United States versus Burton Shaffer, [FR Doc. 00–24082 Filed 9–19–00; 8:45 am] requesting a copy, please enclose a et al., Civil Action No. 95–10023MLW, BILLING CODE 4410±15±M check in the amount of $7.50 (25 cents D.J. Ref. 90–11–3–90C. per page reproductions cost) payable to The proposed consent decree may be DEPARTMENT OF JUSTICE the Consent Decree Library. examined at either of the following locations: (1) the Boston Office of the Walker B. Smith, Notice of Lodging Consent Decree United States Attorney, District of Deputy Section Chief, Environmental Massachusetts; or (2) Region I, Office of Under the Safe Drinking Water Act, 42 Enforcement Section, Environmental and U.S.C. 300f et. seq. Natural Resources Division. the Environmental Protection Agency, One Congress Street, Boston, [FR Doc. 00–24083 Filed 9–19–00; 8:45 am] Notice is hereby given that on August Massachusetts. A copy of the consent 31, 2000, a proposed Consent Decree BILLING CODE 4410±15±M decree can be obtained by mail (without (‘‘Decree’’) in United States and State of attachments) from the Department of Arizona v. City of Phoenix, Arizona, CV DEPARTMENT OF JUSTICE Justice Consent Decree Library, P.O. Box 001681PHXEHC, was lodged with the 7611, Washington, DC 20044. In United States District Court for the Notice of Lodging of Consent Decree requesting a copy of the consent decree District of Arizona. The United States Pursuant to the Comprehensive (without attachments), please enclose a filed this action pursuant to Section Environmental Response, check in the amount of $50.00 (25 cents 1414(b) of the Safe Drinking Water Act Compensation and Liability Act per page reproduction cost) payable to (‘‘SDWA’’), 42 U.S.C. 300g–3(b), seeking the Consent Decree Library. injunctive relief and civil penalties for In accordance with Departmental the Defendant’s violation of various policy, 28 CFR 50.7, 38 FR 19029, and Bruce Gelber, provisions of the SDWA and of 40 42 U.S.C. 9622(d), notice is hereby given Deputy Chief, Environmental Enforcement C.F.R. Part 411, the National Primary that on August 30, 2000, a proposed Section, Environment and Natural Resources Drinking Water Regulations. The State consent decree in United States versus Division. of Arizona filed as a co-plaintiff for Burton Shaffer, et al., Civil Action No. [FR Doc. 00–24081 Filed 9–19–00; 8:45 am] violations of Arizona statutes and 95–10023MLW, was lodged with the BILLING CODE 4410±15±M regulations pertaining to drinking water. United States District Court for the The proposed Consent Decree with District of Massachusetts. The proposed the City of Phoenix requires Phoenix to consent decree resolves certain claims DEPARTMENT OF JUSTICE pay a civil penalty of $350,000. The under sections 106 and 107 of the Notice of Lodging of Consent Decree decree also sets out specific compliance Comprehensive Environmental Pursuant to the Comprehensive measures that the City must implement Response, Compensation, and Liability Environmental Response, regarding its public drinking water Act (‘‘CERCLA’’), 42 U.S.C. 9606 and Compensation, and Liability Act system. The City will also perform two 9607, regarding the release and/or threat supplemental environmental projects. of release of hazardous substances at Notice is hereby given that a consent The City will develop implementation and from the Shaffer Landfill Operable decree in United States v. Warehouse 81 strategies and implement measures to Unit of the Iron Horse Park Superfund Limited Partnership, et al., Civil Action
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No. 4:00–CV–1549 (M.D. Pa.) was filed with the United States District proposed Final Judgment pending entry lodged with the court on August 30, Court for the District of Columbia in of the Final Judgment by the Court, or 2000. United States of America v. SBVC until expiration of time for all appeals The proposed decree resolves claims Communications Inc. et al., of any Court ruling declining entry of of the United States against Warehouse 1:00CV02073 (PLF). On August 30, the proposed Final Judgment, and shall, 81 Limited Partnership and Michael 2000, the United States filed a from the date of the signing of this Sabia under sections 106 and 107 of the Complaint alleging that the proposed Stipulation, comply with all the terms Comprehensive Environmental joint venture between SBC and provisions of the proposed Final Response, Compensation and Liability Communications and BellSouth Judgment as through the same were in Act, as amended (‘‘CERCLA’’), 42 U.S.C. Corporation would lessen competition full force and effect as an order of the 9606 and 9607, for response costs and in the markets for wireless mobile Court. actions at the MW Manufacturing telephone services in 16 geographic (4) This Stipulation shall apply with Superfund Site in Valley Township, markets in violation of Section 7 of the equal force and effect to any amended Montour County, PA. The decree Clayton Act, 15 U.S.C. 18. The proposed proposed Final Judgment agreed upon requires the defendants to reimburse the Final Judgment, filed at the same time in writing by the parties and submitted United States $31,000 in response costs as the Complaint, requires defendants to to the Court. and to implement specified response divest one of their two wireless (5) In the event plaintiff withdraws its actions selected by EPA for the Site. telephone businesses in each market consent, Final Judgment pursuant to The Department of Justice will where these businesses overlap this Stipulation, the time has expired for receive, for a period of thirty (30) days geographically. Copies of the Complaint, all appeals of any Court ruling declining from the date of this publication, proposed Final Judgment and entry of the proposed Final Judgment, comments relating to the proposed Competitive Impact Statement are and the Court has not otherwise ordered consent decree. Comments should be available for inspection at the continued compliance with the terms addressed to the Assistant Attorney Department of Justice in Washington, and provisions of the proposed Final General for the Environment and DC in Room 200, 325 Seventh Street, Judgment, then the parties are released Natural Resources Division, Department NW., and at the Office of the Clerk of from all further obligations under this of Justice, Washington, DC 20530, and the United States District Court for the Stipulation, and the making of this should refer to United States v. District of Columbia. Stipulation shall be without prejudice to Warehouse 81 Limited Partnership, Public comment is invited within 60 any party in this or any other Civil Action No. 4:00–CV–1549 (M.D. days of the date of this notice. Such proceeding. (6) Defendants represent that the Pa.), DOJ Ref. #90–11–3–06793. comments, and responses thereto, will divestiture ordered in the proposed The proposed consent decree may be be published in the Federal Register Final Judgment can and will be made, examined and copies at the Office of the and filed with the Court. Comments and that defendants will later raise no United States Attorney, Room 1162, should be directed to Donald J. Russell, claims of hardship or difficulty as Federal Building, 228 Walnut Street, Chief, Telecommunications Task Force, grounds for asking the Court to modify Harrisburg, PA 17108; or at the Region Antitrust Division, Department of any of the divestiture provisions III Office of the Environmental Justice, 1401 H. Street, NW., Room contained therein. Protection Agency, c/o Thomas Cinti, 8000, Washington, DC 20530 Assistant Regional Counsel, 1650 Arch (Telephone: (202) 514–5621). Dated: August 30, 2000. Street, Philadelphia, PA 19103. A copy For Plaintiff United States of America Constance K. Robinson, of the proposed consent decree may be Joel I. Klein, Director of Operations and Merger obtained by mail from the Consent Assistant Attorney General. Decree Library, P.O. Box No. 7611, Enforcement. A. Douglas Melamed, Washington, DC 20044. In requesting a Stipulation Principal Deputy Assistant Attorney General. copy, please refer to the referenced case Constance K. Robinson, and enclose a check in the amount of It is stipulated by and between the Director of Operations and Merger $9.00 (25 cents per page reproduction undersigned parties, by their respective Enforcement. Donald J. Russell, costs), payable to the Consent Decree attorneys, as follows: (1) The Court has jurisdiction over the Chief, Telecommunications Task Force. Library. subject matter of this action and over Laury Bobbish, Walker Smith, each of the parties hereto, and venue of Assistant Chief, Telecommunications Task Force. Deputy Chief, Environmental Enforcement this action is proper in this Court. Hillary B. Burchuk, D.C. Bar No. 366755, Section, Environment and Natural Resources (2) The parties stipulate that a Final Lawrence M. Frankel, D.C. Bar No. 441532, Division. Judgment in the form hereto attached Cynthia R. Lewis, [FR Doc. 00–24084 Filed 9–19–00; 8:45 am] may be filed and entered by the Court, Attorneys, Telecommunications Task Force, BILLING CODE 4410±15±M upon the motion of any party or upon U.S. Department of Justice, Antitrust the Court’s own motion, at any time Division, 1401 H. Street, N.W., Suite 8000, after compliance with the requirements Washington, D.C. 20530, (202) 514–5621. DEPARTMENT OF JUSTICE of the Antitrust Procedures and Date Signed: August 28, 2000. Penalties Act, 15 U.S.C. 16, and without For SBC Communications Inc. Antitrust Division further notice to any party or other Wm. Randolph Smith, D.C. Bar No. 356402, United States v. SBC Communications proceedings, provided that plaintiff has Crowell & Moring LLP, 1001 Pennsylvania not withdrawn its consent, which it may Avenue, N.W., Washington, D.C. 20004, Inc. et al; Proposed Final Judgment (202) 624–2500. and Competitive Impact Statement do at any time before entry of the proposed Final Judgment by serving Date Signed: August 25, 2000. Notice is hereby given pursuant to the notice thereof on defendants and by For BellSouth Corporation Antitrust Procedures and Penalties Act, filing that notice with the Court. Bernard A. Nigro, Jr., D.C. Bar No. 412357, 15 U.S.C. Section 16(b) through (h), that (3) Defendants shall abide by and Fried, Frank, Harriss, Shriver & Jacobson, a proposed Final Judgment has been comply with the provisions of the 1001 Pennsylvania Avenue, N.W., Suite
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800, Washington, D.C. 20004, (202) 639– against defendants under Section 7 of purchaser to use any of the divesting 7159. the Clayton Act, 15 U.S.C. 18, as defendant’s assets used in the operation Date Signed: August 25, 2000. amended. of the wireless business being divested, so as to enable the purchaser to Final Judgment II continue to operate the divested Whereas, plaintiff United States of Definitions wireless businesses without America, filed its Complaint on August A. ‘‘SBC’’ means SBC impairment, where those assets are not 30, 2000; Communications Inc., a corporation subject to complete transfer to the And Whereas, plaintiff and with its headquarters in San Antonio, purchaser under (i). Assets shall defendants, by their respective Texas, its successors and assigns, and its include, without limitation, all types of attorneys, have consented to the entry of subsidiaries, divisions, groups, real and personal property, monies and this Final Judgment without trial or affiliates, partnerships and joint financial instruments, equipment, adjudication on any issue of fact or law; ventures, and their directors, officers, inventory, office furniture, fixed assets And Whereas, entry of this Final managers, agents and employees. and furnishings, supplies and materials, Judgment does not constitute any B. ‘‘BellSouth’’ means BellSouth contracts, agreements, leases, evidence against or any admission by Corporation, a corporation with its commitments, spectrum licenses issued any party with respect to any issue of headquarters in Atlanta, Georgia, its by the Federal Communications law or fact; successors and assigns, and its Commission(‘‘FCC’’) and all other And Whereas, defendants have subsidiaries, divisions, groups, licenses, permits and authorizations, further consented to be bound by the affiliates, partnerships and joint operational support systems, customer provisions of the Final Judgment ventures, and their directors, officers, support and billing systems, interfaces pending its approval by the Court; managers, agents and employees. with other service providers, business And Whereas, plaintiff believes that C. ‘‘Wireless System Assets’’ means, and customer records and information, entry of this Final Judgment is necessary for each wireless business to be divested customer lists, credit records, accounts, to protect competition in markets for under this Final Judgment, all types of and historic and current business plans, mobile wireless telecommunications assets, tangible and intangible, used by as well as any patents, licenses, sub- services in California, Indiana, and defendants in the operation of each of licenses, trade secrets, know-how, Louisiana; the wireless businesses to be divested drawings, blueprints, designs, technical And Whereas, the essence of this (including the provision of long and quality specifications and protocols, Final Judgment is prompt and certain distance telecommunications services quality assurance and control divestiture of certain wireless for wireless calls; however, paging procedures, manuals and other businesses that would otherwise be services are not included in the technical information defendants commonly owned and controlled, definition of Wireless System Assets). supply to their own employees, including their licenses and all relevant ‘‘Wireless System Assets’’ shall be customers, suppliers, agents, or assets of the wireless businesses, and construed broadly to accomplish the licensees, and trademarks, trade names the imposition of related injunctive complete divestiture of the entire and service marks (except for relief to ensure that competition is not business of one of the two wireless trademarks, trade names and service substantially lessened; businesses in each of the Overlapping marks containing ‘‘SBC,’’ And Whereas, plaintiff requires that Wireless Markets required by this Final ‘‘Southwestern Bell,’’ ‘‘Pacific Bell,’’ defendants make certain diverstitures of Judgment and to ensure that the ‘‘Ameritech,’’ ‘‘Cellular One,’’ ‘‘1–800– such licenses and assets for the purpose divested wireless businesses remain Mobile–1,’’ ‘‘ClearPath,’’ ‘‘Pick-Up and of ensuring that competition is not viable, ongoing businesses. With respect Go,’’ ‘‘BellSouth,’’ ‘‘Bell,’’ the Bell substantially lessened in any relevant to each overlap in the Overlapping Symbol, or ‘‘Mobile Memo’’) or other market for mobile wireless Wireless Markets, the Wireless System intellectual property, including all telecommunications services in Assets to be divested shall be either intellectual property rights under third California, Indiana, and Louisiana; those in which BellSouth has an interest party licenses that are capable of being And Whereas, defendants have or in which SBC has an interest, but not transferred to a purchaser either in their represented to plaintiff that the both. The divestitures of the Wireless entirety, for assets described above divestitures ordered herein can and will System Assets as defined in this Section under (i), or through a license obtained be made and that defendants will not II.C shall be accomplished by: (i) through or from the divesting defendant, raise any claims of hardship or transferring to the purchaser the for assets described above under (ii). difficulty as grounds for asking the complete ownership and/or other rights Notwithstanding the foregoing, in the Court to modify any of the divestiture to the assets (other than those assets Indianapolis MTA Overlapping Wireless provisions contained herein below; used substantially in the operations of Market, as defined below, the divesting Therefore, before the taking of any either defendant’s overall wireless defendant shall not be required to divest testimony, and without trial or business that must be retained to those assets used solely to provide adjudication of any issue of fact or law continue the existing operations of the wireless service on a resale basis and herein, and upon consent of the parties wireless properties defendants are not contracts with customers served on a hereto, it is hereby Ordered, Adjudged required to divest, and that either are resale basis. Defendants shall identify in and Decreed: not capable of being divided between he a schedule submitted to plaintiff and I divested wireless businesses and those filed with the Court, as expeditiously as that are not divested or are assets that possible following the filing of the Jurisdiction the divesting defendant and the Complaint in this case and in any event This Court has jurisdiction over the purchaser(s) agree shall not be divided); prior to any divestitures and before the subject matter of this action and of each and (ii) granting to the purchaser(s) an approval by the Court of this Final of the parties consenting to this Final option to obtain a non-exclusive, Judgment, any intellectual property Judgment. The Complaint states a claim transferable license from defendants for rights under third party licenses that are upon which relief may be granted a reasonable period at the election of the used by the wireless businesses being
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Wireless System Assets required to be purchasers at or before consummation In the event that defendants elect to divested by this Final Judgment, that the of the transaction that gives rise to the divest an interest in a PCS business in Interim Party agrees to be bound by the overlap. The divestitures carried out one of the PCS/Cellular Overlap Areas, provisions of this Final Judgment, and under the terms of this decree also shall defendants may retain up to 10 MHz of shall also require that any purchaser of be conducted in compliance with the broadband PCS spectrum within that the Wireless System Assets agree to be applicable rules of the FCC, including PCS/Cellular Overlap Area upon bound by Section X of this Final 47 CFR 20.6 (spectrum aggregation) and completion of the divestiture of the Judgment. 47 CFR 22.942 (cellular cross- Wireless System Assets. IV ownership) or any waiver of such rules D. ‘‘Overlapping Wireless Markets’’ or other authorizations granted by the means the following Metropolitan Divestiture of Wireless System Assets FCC. Authorization by the FCC to Statistical Areas (‘‘MSA’’), Major A. Defendants BellSouth and SBC conduct divestiture of a wireless Trading Areas (‘‘MTA’’), and Rural shall divest themselves of the Wireless business in a particular manner will not Service Areas (‘‘RSA’’), used to define System Assets of one of the two wireless modify any of the requirements of this cellular and PCS license areas by the businesses in each of the Overlapping Final Judgment. FCC, in which BellSouth and SBC each Wireless Markets, including both any C. Unless plaintiff otherwise consents hold ownership interests in one of the direct or indirect financial ownership wireless licenses issued by the FCC as in writing, the divestitures pursuant to interests and any direct or indirect role Section IV, or by trustee appointed of the date of the filing of the Complaint in management or participation in in this action: pursuant to Section V of the Final control, to a purchaser or purchasers Judgment, shall be accomplished by (1) I. Cellular Overlap Areas acceptable to plaintiff in its sole divesting all of the Wireless System A. Baton Rouge MSA discretion, or to a trustee designated B. New Orleans MSA Assets in any individual Overlapping pursuant to Section V of this Final Wireless Market entirely to a single C. Louisiana 6 RSA—Iberville Judgment in accordance with the purchaser (but Wireless System Assets D. Louisiana 8 RSA—St. James following schedule: E. Louisiana 9 RSA—Plaquemines in different Overlapping Wireless 1. The divestitures of the Wireless II. PCS/Cellular Overlap Areas Markets may be divested to different System Assets for each Cellular Overlap A. Los Angeles-San Diego MTA purchasers), and (2) selling or otherwise Area and the Indianapolis MTA PCS/ 1. Los Angeles MSA conveying the Wireless System Assets to Cellular Overlap Area shall occur prior B. Indianapolis MTA the purchaser(s) in such a way as to 1. Anderson MSA to or at the same time as consummation 2. Bloomington MSA of the transaction that gives rise to the satisfy plaintiff, in its sole discretion, 3. Indianapolis MSA overlap. that each wireless business can and will 4. Lafayette MSA 2. The divestiture of the Wireless be used by the purchaser(s) as part of a 5. Muncie MSA System Assets for the Los Angeles-San viable, ongoing business engaged in the 6. Terre Haute MSA Diego MTA PCS/Cellular Overlap Area provision of wireless mobile telephone 7. Indiana 5 RSA—Warren service. The divestitures pursuant to 8. Indiana 7 RSA—Owen shall occur prior to or at the same time as consummation of the transaction that this Final Judgment shall be made to 9. Indiana 8 RSA—Brown one or more purchasers for whom it is 10. Indiana 9 RSA—Decatur gives rise to the overlap, or by January 27, 2001, whichever is later. demonstrated to plaintiff’s sole E. ‘‘SBC/BellSouth Wireless Joint 3. For the Wireless Overlap Markets satisfaction that (1) the purchaser has Venture’’ means the joint venture defined in Section II.D.II, plaintiff may, the capability and intent to compete between SBC and BellSouth, as detailed in its sole discretion, extend the date by effectively in the provision of wireless in the Contribution and Formation which the divestitures must occur by up mobile telephone service using the Agreement between SBC and BellSouth to two thirty-day periods. Wireless System Assets, (2) the dated as of April 4, 2000, for which If the divestitures in the Overlapping purchaser has the managerial, defendants have filed a notification Wireless Markets have not been operational and financial capability to pursuant to the Hart-Scott-Rodino completed as of the date of the compete effectively in the provisions of Antitrust Improvements Act on May 8, consummation of the transaction that wireless mobile telephone service using 2000. gives rise to the overlap, then on or the Wireless System Assets, and (3) III before the date of the consummation of none of the terms of any agreement the transaction that gives rise to the between the purchaser and either of the Applicability and Effect overlap, defendants will submit to defendants shall give defendants the A. The provisions of this Final plaintiff a definitive Divestiture List ability unreasonably (i) to raise the Judgment shall be applicable to each of identifying the specific Wireless System purchaser’s costs, (ii) to lower the the defendants, as defined above, and to Assets to be divested; provided, purchaser’s efficiency, (iii) to limit any all other persons in active concert or however, that the identification of the line of business which a purchaser may participation with any of them who specific Wireless System Assets to be choose to pursue using the Wireless shall have received actual notice of this divested in the Los Angeles-San Diego System Assets (including, but not Final Judgment by personal service or MTA PCS/Cellular Overlap Area is not limited to, entry into local otherwise. required before December 18, 2000. telecommunications services on a resale B. Defendants shall require, as a B. Defendants agree to use their best or facilities basis or long distance condition of the sale or other efforts to accomplish the divestitures set telecommunications services on a resale disposition to an Interim Party, which forth in this Final Judgment (i) as or facilities basis), or otherwise to
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After the appointment of a trustee defendants shall make known the consent of the licensor or other third becomes effective, only the trustee shall availability of the Wireless System parties, defendants shall cooperate with have the right to sell the Wireless Assets in each of the Overlapping the purchaser(s) and trustee to seek to System Assets, which shall be done Wireless Markets by usual and obtain these consents. within the time periods set forth in this customary means, sufficiently in I. Except for the Los Angeles MSA, Final Judgment. In addition, advance of the time of consummation of defendants shall warrant to all notwithstanding any provision to the the transaction that gives rise to the purchasers of the Wireless System contrary, plaintiff may, in its sole overlap to enable the required Assets that the Wireless System Assets discretion, require the divesting divestitures to be carried out at or before will be operational on the date of sale. defendant to include any additional PCS the consummation of the transaction spectrum it would propose to retain that gives rise to the overlap. Defendants V under Section II.C in the Wireless shall inform any person making an Appointment of Trustee System Assets to be divested if it would inquiry regarding a possible purchase of facilitate the prompt divestiture to an the Wireless System Assets that the sale A. If defendants have not divested all acceptable purchaser. The trustee shall is being made pursuant to the of the Wireless System Assets in have the power and authority to requirements of this Final Judgment, as accordance with Section IV, then: accomplish the divestiture to a well as the rules of the FCC, and shall 1. Defendants shall identify to purchaser acceptable to plaintiff at such provide such person with a copy of the plaintiff in writing the remaining price and at such terms as are then Final Judgment. With respect to the Wireless System Assets to be divested in obtainable upon reasonable effort by the Wireless System Assets in the Los the Overlapping Wireless Markets, and trustee, subject to the provisions of Angeles-San Diego MTA PCS/Cellular this written notification also shall be Sections IV, V, and VI of this Final Overlap Area, the requirements of this provided to the trustee promptly upon Judgment, and shall have such other Section IV.D. shall not be imposed until his or her appointment by the Court; powers as this Court deems appropriate. December 18, 2000. 2. The Court shall, on application of Subject to Section V.C of this Final E. Defendants shall offer to furnish to plaintiff, appoint a trustee selected by Judgment, the trustee shall have the all prospective purchasers, subject to plaintiff, who will be responsible for (a) power and authority to hire at the cost customary confidentiality assurances, accomplishing a divestiture of all and expense of defendants any access to personnel, the ability to Wireless System Assets transferred to investment bankers, attorneys, or other inspect the Wireless System Assets, and the trustee from defendants, in agents reasonably necessary in the all information and any financial, accordance with the terms of this Final judgment of the trustee to assist in the operational, or other documents Judgment, to a purchaser or purchasers divestiture and in the management of customarily provided as part of a due approved by plaintiff under Section the Wireless System Assets transferred diligence process, including all IV.C, and (b) exercising the to the trustee, and such professionals information relevant to the sale and to responsibilities of the licensee and and agents shall be accountable solely to the areas of business in which the controlling and operating the transferred the trustee. wireless business has been engaged or C. Defendants shall not object to a sale Wireless System Assets, to ensure that has considered entering, except by the trustee on any grounds other than the wireless businesses remain ongoing, documents subject to attorney-client or the trustee’s malfeasance. Any such economically viable competitors in the work product privileges, or third party objections by defendants must be provision of mobile wireless intellectual property that defendants are conveyed in writing to plaintiff and the telecommunications services in the precluded by contract from disclosing trustee within ten (10) days after the Overlapping Wireless Markets, until and that has been identified in a trustee has provided the notice required they are divested to a purchaser or schedule pursuant to Section II.C. under Section VI of this Final Judgment. purchasers, and the trustee shall agree Defendants shall make such information D. The trustee shall serve at the cost to be bound by this Final Judgment; available to plaintiff at the same time and expense of defendants, on such that such information is made available 3. Defendants shall submit a form of terms and conditions as plaintiff to any other person. trust agreement (‘‘Trust Agreement’’) to approves, and shall account for all F. Except for the Los Angeles MSA, plaintiff, which must be consistent with monies derived from the sale of the defendants shall provide the the terms of this Final Judgment and Wireless System Assets sold by the purchaser(s) and plaintiff information which must have received approval by trustee and all costs and expenses so relating to the personnel whose plaintiff, who shall communicate to incurred. After approval by the Court of principal responsibility relates to the defendants within ten (10) business the trustee’s accounting, including fees Wireless System Assets to enable the days approval or disapproval of that for its services and those of any purchaser(s) to make offers of form; and professionals and agents retained by the employment. 4. After obtaining any necessary trustee, all remaining money shall be G. Defendants shall not interfere with approvals from the FCC for the transfer paid to defendants and the trust shall any negotiations by any purchaser to of control of the licenses of the then be terminated. The compensation employ any employees who work or remaining Wireless System Assets to the of the trustee and any professionals and have worked since April 4, 2000 (other trustee, defendants shall irrevocably agents retained by the trustee shall be than solely on a temporary assignment divest the remaining Wireless System reasonable in light of the value of the basis from another part of BellSouth or Assets to the trustee, who will own such Wireless System Assets and based on a SBC) with, or whose principal assets (or own the stock or other fee arrangement providing the trustee responsibility relates to, the divested ownership interest of the entity owning with an incentive based on the price Wireless System Assets. such assets, if divestiture is to be and terms of the divestiture and the H. To the extent that the wireless effected by the creation of such an entity speed with which it is accomplished, businesses to be divested use for sale to purchaser(s)) and control but timeliness is paramount.
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E. Defendants shall use their best the Wireless System Assets but approval action to influence, interfere with, or efforts to assist the trustee in to assign or transfer licenses to the impede the trustee’s accomplishment of accomplishing the required divestiture, purchaser(s) of the Wireless System the divestitures required by this Final including their best efforts to effect all Assets but approval of such applications Judgment, except that defendants may necessary regulatory approvals. The has not been granted before the end of communicate with the trustee to the trustee and any consultants, the one-hundred-eighty-day-period, the extent necessary for defendants to accountants, attorneys, and other period shall be extended with respect to comply with this Final Judgment and to persons retained by the trustee shall the divestiture of those Wireless System provide the trustee, if requested to do have full and complete access to the Assets for which final FCC approval has so, with whatever resources or personnel, books, records, and facilities not been granted until five (5) days after cooperation may be required to of the Wireless System Assets, and such approval is received. complete the divestitures of the defendants shall develop financial or H. If the trustee has not accomplished Wireless System Assets and to carryout other information relevant to the the divestiture of all of the Wireless the requirements of this Final Judgment. Wireless System Assets as the trustee System Assets within the time specified In no event shall defendants provide to, may reasonably request, subject to in Section V.G of this Final Judgment, or receive from, the trustee or the reasonable protection for trade secrets or the trustee shall file promptly with this wireless businesses under the trustee’s other confidential research, Court a report setting forth: (1) the control any non-public or competitively development, or commercial trustee’s efforts to accomplish the sensitive marketing, sales, or pricing information. As required and limited by required divestiture; (2) the reasons, in information relating to their respective Sections IV.E and F of this Final the trustee’s judgment, why the required mobile wireless telecommunications Judgment, defendants shall permit divestiture has not been accomplished; service businesses. prospective purchaser(s) of the Wireless and (3) the trustee’s recommendations. System Assets to have reasonable access To the extent such reports contain VI to personnel and to make such information that the trustee deems Notification inspection of the Wireless System confidential, such reports shall not be Assets to be sold and any and all filed in the public docket of the Court. A. Within two (2) business days financial, operational, or other The trustee shall at the same time following execution of a binding documents and other information as furnish such report to plaintiff. The agreement to effect, in whole or in part, may be relevant to the divestiture parties shall have the right to be heard any proposed divestiture required by required by this Final Judgment. and to make additional this Final Judgment, the defendant that Defendants shall take no action to recommendations consistent with the is divesting the Wireless System Assets, interfere with or to impede the trustee’s purpose of this Final Judgment. The or the trustee, whichever is responsible accomplishment of the divestiture. Court thereafter shall enter such orders for effecting the required divestitures, F. After its appointment, the trustee as it deems appropriate in order to carry shall notify plaintiff of the proposed shall file monthly reports with the out the purpose of the Final Judgment, divestiture. If the trustee is responsible parties and the Court setting forth the which may, if necessary, include for the divestiture, the trustee shall trustee’s efforts to accomplish the extending the trust and term of the similarly notify defendants. The notice divestiture ordered under this Final trustee’s appointment by a period shall set forth the details of the Judgment; provided, however, that, to requested by plaintiff. proposed divestiture and list the name, the extent such reports contain I. After defendants transfer the address, and telephone number of each information that the trustee deems Wireless System Assets to the trustee, person not previously identified who confidential, such reports shall not be and until those Wireless System Assets offered to, or expressed an interest in or filed in the public docket of the Court. have been divested to a purchaser or a desire to, acquire any ownership Such reports shall include the name, purchasers approved by plaintiff interest in the Wireless System Assets address, and telephone number of each pursuant to Section IV.C or Section V, being divested, together with full details person who, during the preceding the trustee shall have sole and complete of same. month, made an offer to acquire, authority to manage and operate the B. Within fifteen (15) calendar days of expressed an interest in acquiring, Wireless System Assets and to exercise receipt by plaintiff of such notice, entered into negotiations to acquire, or the responsibilities of the licensee, and plaintiff may request from defendants, was contacted or made an inquiry about shall not be subject to any control or the proposed purchaser(s), any other the Wireless System Assets to be sold, direction by defendants. Defendants third party, or the trustee (if applicable) and shall describe in detail each contact shall not retain any economic interest in additional information concerning the with any such person. The trustee shall the Wireless System Assets transferred proposed divestiture, the proposed maintain full records of all efforts made to the trustee, apart from the right to purchaser(s), and any other potential to divest the Wireless System Assets. receive the proceeds of the sale or other purchaser(s). Defendants and the trustee G. The Trustee shall divest the disposition of the Wireless System shall furnish any such additional Wireless System Assets in each of the Assets. The trustee shall operate the information requested within fifteen Overlapping Wireless Markets to a wireless business(es) as a separate and (15) calendar days of the receipt of the purchaser or purchasers acceptable to independent business entity from SBC request, unless the parties shall plaintiff in its sole discretion, as or BellSouth, with sole control over otherwise agree. required in Section IV.C of this Final operations, marketing and sales. SBC C. Within thirty (3) calendar days Judgment, no later than one hundred and BellSouth shall not communicate after receipt of the notice, or within and eighty (180) calendar days after the with, or attempt to influence the twenty (20) calendar days after plaintiff Wireless Systems Assets are transferred business decisions of, the trustee has been provided the additional to a trustee; provided, however, that if concerning the operation and information requested from defendants, applications have been filed with the management of the wireless businesses, the proposed purchaser()s), any third FCC within the one-hundred-eighty-day and shall not communicate with the party, and the trustee, whichever is period seeking approval to assign or trustee concerning the divestiture of the later, plaintiff shall provide written transfer licenses to the purchaser(s) of Wireless System Assets or take any notice to defendants and the trustee, if
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Absent written VIII notice that plaintiff does not object to lines and sources of credit and working the proposed purchaser(s) or in the Financing capital to maintain the Wireless System event of an objection by plaintiff, a Defendants shall not finance all or Assets as viable ongoing businesses; 4. Not remove, sell, lease, assign, divestiture proposed under Section IV any part of any purchase made pursuant transfer, pledge or otherwise dispose of or V shall not be consummated. Upon to Section IV or V of this Final or pledge as collateral for loans, any objection by a defendant under Section Judgment. V.B, a divestiture proposed under asset of each wireless business that it Section V shall not be consummated IX has an ownership interest in or operates in the Overlapping Wireless Markets, unless approved by the Court. Hold Separate other than in the ordinary course of VII A. Until accomplishment of the business, except as approved by divestitures of the Wireless System Affidavits plaintiff. Assets to purchaser(s) approved by 5. Maintain, in accordance with A. Within twenty (20) calendar days plaintiff pursuant to Section IV.C, each sound accounting principles, separate, of the filing of the Complaint in this defendant shall take all steps necessary true, accurate and complete financial matter and every thirty (30) calendar to ensure that each of the wireless ledgers, books and records that report, days thereafter until the divestitures businesses that it owns or operates in on a periodic basis, such as the last have been completed, each defendant the Overlapping Wireless Markets shall business day of each month, consistent shall deliver to plaintiff an affidavit as continue to be operated as a separate, with past practices, the assets, to the fact and manner of its compliance independent, ongoing, economically liabilities, expenses, revenues, income, with Section IV or V of this Final viable and active competitor to the other profit and loss of each wireless business Judgment. Each such affidavit shall mobile wireless telecommunications that it has an ownership interest in or include the name, address, and providers operating in the same license operates in the Overlapping Wireless telephone number of each person who, area; and that except as necessary to Markets; during the preceding thirty (30) days, comply with this Final Judgment, the 6. Be prohibited from terminating, made an offer to acquire, expressed an operation of said wireless businesses transferring, or reassigning any interest in acquiring, entered into (including the performance of decision- employees who work or have worked negotiations to acquire, or was making functions relating to marketing since April 4, 2000 (other than solely on contacted or made an inquiry about and pricing) will be kept separate and a temporary assignment basis from acquiring, any interest in the Wireless apart from, and not influenced by, the another part of SBC or BellSouth) with, System Assets and shall describe in operation of the other wireless business, or whose principal responsibility relates detail each contact with any such and the books, records, and to the Wireless System Assets, except (a) person during that period. Each such competitively sensitive sales, marketing, in the ordinary course of business, (b) affidavit shall also include a summary and pricing information associated with for transfer bids initiated by employees of the efforts that defendants have made said wireless businesses will be kept pursuant to defendants’ regular, to solicit a purchaser(s) for the Wireless separate and apart from the books, established job-posting policies, or (c) as System Assets and to provide required records, and competitively sensitive necessary to promote accomplishments information to prospective purchasers, sales, marketing, and pricing of defendants’ obligations under this including the limitations, if any, on information associated with the other Final Judgment; and such information. Assuming the wireless business. 7. Take no action that would impede information set forth in the affidavit true B. Until the Wireless System Assets in in any way or jeopardize the licensing, and complete, any objections by each Overlapping Wireless Market have operation, or divestiture of the Wireless plaintiff to information provided by been divested to purchaser(s) approved System Assets. defendants, including limitations on by plaintiff, or transferred to a trustee C. On or before the consummation of information, shall be made within pursuant to Section V of this Final the SBC/BellSouth Wireless Joint fourteen (14) days after receipt of such Judgment, each defendant shall in Venture, defendants shall assign affidavit. accordance with past practices, with complete managerial responsibility over B. Within twenty (20) calendar days respect to each wireless business that it each wireless business that they have an of the filing of the Complaint in this has an ownership interest in or operates ownership interest in or operate in the matter, defendants shall deliver to in the Overlapping Wireless Markets Overlapping Wireless Markets, to a plaintiff an affidavit which describes in (including the assets of both wireless specified manager who shall not reasonable detail all actions defendants businesses in any Overlapping Wireless participate in the management of any of have taken and all steps defendants Market where the wireless business that defendants’ other businesses, until, for have implemented on an ongoing basis will be divested has not yet been each Overlapping Wireless Market, to preserve the Wireless System Assets decided): defendants have submitted a definitive pursuant to this Final Judgment. 1. Use all reasonable efforts to Divestiture List pursuant to Section Defendants shall deliver to plaintiff an maintain and increase sales of wireless IV.A. Upon submission of the definitive affidavit describing any changes to the mobile telephone services, and maintain Divestiture List, only the defendant who efforts and actions outlined in and increase promotional, advertising, owns the Wireless System Assets to be defendants’ earlier affidavits filed sales, technical assistance and divested shall be subject to the pursuant to this section within fifteen marketing support for the mobile provisions of this Section IX of this
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Final Judgment. Notwithstanding any of contained in this Final Judgment as may XIV the foregoing, for the purposes of be requested. Public Interest Determination Section IX and for the Los Angeles-San B. No information or documents Diego MTA PCS/Cellular Overlap Area obtained by the means provided in this The entry of this judgment is in the only, BellSouth’s interests in Wireless public interest. section shall be divulged by plaintiff to lllllllllllllllllllll System Assets that are not a part of the any person other than a duly authorized United States District Judge SBC/BellSouth Wireless Joint Venture representative of the Executive Branch are subject to all provisions of this of the United States, or to the FCC Competitive Impact Statement Section IX, and SBC is subject only to (pursuant to a customary protective The United States, pursuant to the provisions of Section IX.D as it order or a waiver of confidentiality by Section 2(b) of the Antitrust Procedures relates to Section VII. defendants), except in the course of and Penalties Act, 15 U.S.C. 16(b)-(h) D. Each defendant shall, during the legal proceedings to which the United (‘‘APPA’’), files this Competitive Impact period before all Wireless System Assets States is a party (including grand jury Statement relating to the proposed Final have been divested to a purchaser(s) or proceedings), or for the purpose of Judgment submitted for entry in this transferred to the trustee pursuant to securing compliance with this Final civil antitrust proceeding. Section V of this Final Judgment, Judgment, or as otherwise required by appoint a person or persons to oversee law. I. Nature and Purpose of the Proceeding the Wireless System Assets owned by C. If, at the time information or The United States filed a civil that defendant, who will be responsible documents are furnished by defendants antitrust Complaint on August 30, 2000, for defendants’ compliance with the to plaintiff, defendants represent and alleging that the proposed joint venture requirements of Sections VII and IX of identify in writing the material in any between SBC Communications Inc. this Final Judgment. Such person(s) such information or documents as to (‘‘SBC’’) and BellSouth Corporation shall not be an officer, director, which a claim or protection may be (‘‘BellSouth’’) would violate Section 7 of manager, employee, or agent of the other asserted under Rule 26(c)(7) of the the Clayton Act, 15 U.S.C. 18, by defendant. Federal Rules of Civil Procedure, and lessening competition in the markets for X mark each pertinent page of such wireless mobile telephone services in 11 material, ‘‘Subject to claim of protection metropolitan statistical areas (‘‘MSAs’’) Compliance Inspection under Rule 26(c)(7) of the Federal Rules and rural service areas (‘‘RSAs’’) in For the purposes of determining or of Civil Procedure,’’ then plaintiff shall California, Indian and Louisiana. In securing compliance of defendants with give defendants ten (10) calendar days’ addition, this combination affects five this Final Judgment, or of determining notice prior to divulging such material additional MSAs and RSAs where whether the Final Judgment should be in any legal proceeding (other than a competing cellular mobile wireless modified or vacated, and subject to any grand jury proceeding) to which telephone businesses are owned in legally recognized privilege, from time defendants are not a party. whole or part by SBC and BellSouth. to time duly authorized representatives These areas are identified in the of the United States Department of XI Complaint as the ‘‘Overlapping Wireless Justice, including consultants and other No Reacquisition Markets.’’ persons retained by plaintiff, upon Shortly before the Complaint in this written request of a duly authorized Defendants may not reacquire any matter was filed, the United States and representative of the Assistant Attorney part of the spectrum licenses issued by defendants reached agreement on the General in charge of the Antitrust the Federal Communications terms of a proposed Final Judgment, Division, and on reasonable notice to Commission (‘‘FCC’’) and all other which requires SBC and BellSouth to the relevant defendant, shall be licenses, permits and authorizations divest one of the wireless telephone permitted: divested pursuant to this Final businesses in each of the Overlapping 1. access during office hours of Judgment during the term of this Final Wireless Markets. In each of the defendants to inspect and copy, or at Judgment. Overlapping Wireless Markets, plaintiff’s option, demand defendants XII defendants can choose which wireless provide copies of, all books, ledgers, business to divest. The proposed Final accounts, correspondence, memoranda, Retention of Jurisdiction Judgment also contains provisions, and other records and documents in the Jurisdiction is retained by this Court explained below, designed to minimize possession or control of defendants, for the purposes of enabling any of the any risk of competitive harm that who may have counsel, present, relating parties to this Final Judgment apply to otherwise might arise pending to any matters contained in this Final this Court at any time for such further completion of the divestiture. The Judgment; and orders and directions as may be proposed Final Judgment and a 2. to interview, either informally or on necessary or appropriate for the Stipulation by plaintiff and defendants the record, defendants’ officers, construction or carrying out of this Final consenting to its entry were filed directors, employees, or agents, who Judgment, for the modification of any of simultaneously with the Complaint. may have their individual counsel the provisions hereof, for the The United States and defendants present, regarding such matters. The enforcement of compliance herewith, have stipulated that the proposed Final interviews shall be subject to the and for the punishment of any Judgment may be entered after interviewee’s reasonable convenience violations hereof. compliance with the Antitrust and without restraint or interference by Procedures and Penalties Act, 15 U.S.C. defendants. XIII 16 (‘‘APPA’’). Entry of the proposed A. Upon the written request of the Expiration of Final Judgment Final Judgment would terminate this Assistant Attorney General in charge of action, except that the Court would the Antitrust Division, defendants shall Unless this Court grants an extension, retain jurisdiction to construe, modify, submit written reports, under oath if this Final Judgment shall expire on the or enforce the provisions of the requested, relating to any of the matters tenth anniversary of the date of its entry. proposed Final Judgment and to punish
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56933 violations thereof. The United States provides cellular mobile telephone PCS, a type of wireless telephone and defendants have also stipulated that service in these states, as well as in service that includes wireless mobile defendants will comply with the terms some states outside its local exchange telephone services comparable to those of the proposed Final Judgment from the service region, including Arkansas, offered by cellular carriers. In 1996, one date of signing of the Stipulation, California, Indiana, Pennsylvania, Texas SMR spectrum licensee began to use its pending entry of the Final Judgment by and Virginia. BellSouth is a major SMR spectrum to offer wireless mobile the Court. Should the Court decline to wireless mobile telephone service telephone services, comparable to that enter the Final Judgment, defendants provider, with approximately 5.6 offered by cellular providers and have also committed to continue to million subscribers nationwide. bundled with dispatch services, in a abide by its requirements until the On April 4, 2000, SBC and BellSouth number of areas including some of the expiration of time for any appeals of entered into a Contribution and Overlapping Wireless Markets. While such ruling. Formation Agreement under which the the areas for which PCS providers are two companies agreed to combine their licensed (major trading areas (‘‘MTAs’’) II. Description of the Events Giving Rise wireless telecommunications service and basic trading areas (‘‘BTAs’’)) differ to the Alleged Violation businesses into a business with somewhat from the cellular MSAs and A. The Defendants and the Proposed approximate annual revenues of $10.2 RSAs, they generally overlap with them. Transaction billion. If this transaction is In many areas, including most of the SBC and BellSouth are two of the consummated, the combined total of Overlapping Wireless Markets, not all of remaining four Regional Bell Operating SBC’s and BellSouth’s cellular and other the PCS license holders have started to Companies (‘‘RBOCs’’) created in 1984 wireless mobile telephone service offer services or even begun to construct by the consent decree settling the subscribers will be 16.2 million. the facilities necessary to begin offering United States’ antitrust case against B. Wireless Mobile Telephone Services service. The PCS providers have tended to enter in the largest cities first, American Telephone & Telegraph Co. Wireless mobile telephone services SBC and BellSouth each provide local entering in smaller markets only later permit users to make and receive and not on as wide a scale. Moreover, exchange services in distinct regions, telephone calls, using radio and they also provide wireless mobile even in those areas where one or more transmissions, while traveling by car or PCS providers have constructed their telephone services, including cellular by other means. The mobility afforded mobile telephone services and personal networks and have started to offer by this service is a valuable feature to service, including the Overlapping communications services (‘‘PCS’’), both consumers, and cellular and other within and outside of their local Wireless Markets, the incumbent wireless mobile telephone services are cellular providers, such as SBC and exchange service regions. commonly priced at a substantial SBC, with headquarters in San BellSouth, still typically have premium above landline services. In Antonio, Texas, is one of the largest substantially larger market shares than order to provide this capability, wireless RBOCs in the United States, with the new entrants. carriers must deploy an extensive approximately 60 million total local network of switches and radio C. Anticompetitive Consequences of the telephone access lines. In 1999, SBC transmitters and receivers, and Proposed Acquisition had revenues in excess of $49 billion. interconnect this network with the SBC and BellSouth, or firms in which SBC provides local telephone services to networks of local and long distance they have an interest, are competing retail customers in Arkansas, California, landline carriers, and with the networks providers of wireless mobile telephone Connecticut, Illinois, Indiana, Kansas, of other wireless carriers. In 1999, services in 16 cellular license areas in Michigan, Missouri, Nevada, Ohio, revenues from the sale of wireless three states. These areas are referred to Oklahoma, Texas and Wisconsin. With mobile telephone services totaled in the Complaint as follows: the exception of Nevada, SBC also approximately $40 billion in the United provides cellular mobile telephone I. Cellular Overlap Areas States. A. Baton Rouge MSA services or other wireless mobile Initially, wireless mobile telephone telephone services in those states as B. New Orleans MSA services were provided principally by C. Louisiana 6 RSA—Iberville well as in some areas outside its local two cellular systems in each MSA and D. Louisiana 8 RSA—St. James exchange service region, including the RSA license area. Cellular licenses were E. Louisiana 9 RSA—Plaquemines District of Columbia and areas within awarded by the Federal II. PSC/Cellular Overlap Areas the States of Delaware, Hawaii, Communications Commission (‘‘FCC’’) A. Los Angeles—San Diego MTA 1. Los Angeles MSA Kentucky, Louisiana, Maryland, beginning in the early 1980’s, within Massachusetts, New Jersey, New York, B. Indianapolis MTA any given MSA or RSA.1 Providers of Pennsylvania, Rhode Island, Virginia, 1. Anderson MSA Specialized Mobil Radio (‘‘SMR’’) and West Virginia. SBC is the nation’s 2. Bloomington MSA services typically were also authorized 3. Indianapolis MSA third largest wireless mobile telephone to operate with some additional 4. Lafayette MSA provider, with approximately 11.2 spectrum in these areas, including the 5. Muncie MSA million subscribers nationwide. Overlapping Wireless Markets. 6. Terre Haute MSA BellSouth, with headquarters in In 1995, the FCC allocated (and 7. Indiana 5 RSA—Warren Atlanta, Georgia, is the third largest 8. Indiana 7 RSA—Owen subsequently issued licenses for) RBOC in the United States, with 9. Indiana 8 RSA—Brown additional spectrum for the provision of approximately 24 million total local 10. Indiana 9 RSA—Decatur telephone access lines. In 1999, 1 25 MHz of spectrum was allocated to each In the Overlapping Wireless Markets, BellSouth had revenues in excess of $25 cellular system in an MSA or RSA. MSAs are the the population potentially addressable billion. BellSouth provides local 306 urbanized areas in the United States, defined by wireless mobile telephone systems telephone service to retail customers in by the federal government, and used by the FCC to exceeds 20 million. define the license areas for urban cellular systems. Alabama, Florida, Georgia, Kentucky, RSAs are the 428 areas defined by the FCC used to SBC and BellSouth are direct Louisiana, Mississippi, North Carolina, define the license areas for rural cellular systems competitors in wireless mobile South Carolina and Tennessee, and also outside of MSAs. telephone services in the Cellular
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Overlap Areas. The cellular businesses has managed to garner a significant III. Explanation of the Proposed Final owned in whole or part by SBC and share. Competition between SBC and Judgment BellSouth are the only two providers of BellSouth, created by SBC’s entry into A. The Divestiture Requirement cellular mobile telephone services, and markets that were previously an the two primary providers of all effective duopoly, has resulted in lower The proposed Final Judgment will wireless mobile telephone services, in prices and higher quality in these preserve competition in the sale of the Cellular Overlap Areas. In addition, markets than would otherwise have mobile wireless telephone services in SBC and BellSouth are direct existed absent such competition. There each of the Overlapping Wireless competitors in wireless mobile is already a high level of concentration Markets by requiring defendants to telephone services in the PCS/Cellular in the provision of wireless mobile divest one of their two wireless telephone businesses in each of the Overlap Areas. In each of the telephone services in the PCS/Cellular Overlapping Wireless Markets. This Overlapping Wireless Markets, the Overlap Areas. In virtually all, the divestiture will eliminate the change in wireless businesses owned in whole or individual shares of the two cellular market structure caused by the joint part by SBC and BellSouth compete to carriers—one of which is owned in sell the best quality service at the lowest venture. whole or part by BellSouth—are in the The divestiture requirements of the possible rates and are among each range of 30 to 50% and the HHI exceeds other’s most significant competitors. In proposed Final Judgment, as stated in 2000. In the PCS/Cellular Overlap each of the PCS/Cellular Overlap Areas, Sections IV.A and II.C, direct Areas, the combined market share of the cellular business owned in whole or defendants to divest one of their SBC and the cellular business in part by BellSouth and the PCS business wireless telephone businesses (to be owned by SBC are two of a small question is generally in the 45 to 65% selected by defendants) in each of the number of providers of wireless mobile range. Overlapping Wireless Markets. Section telephone services. If BellSouth and SBC combine their IV.C permits different wireless Therefore, the SBC/BellSouth joint wireless telecommunications service businesses in separate Overlapping venture would cause the level of businesses, the PCS/Cellular Overlap Wireless Markets to be divested to concentration among firms providing Areas will become significantly more different purchasers, but requires that, wireless mobile telephone services in concentrated, and the competition for any individual wireless business, the each of the Overlapping Wireless between SBC and BellSouth in wireless Wireless System Assets be divested Markets to increase significantly. A high mobile telephone services in these entirely to a single purchaser, unless the level of concentration in the provision markets will be eliminated. As a result United States otherwise consents in of wireless mobile telephone services of the loss in competition between SBC writing. The proposed Final Judgment’s already exists in each of the and BellSouth wireless mobile divestiture provisions are intended to Overlapping Wireless Markets. In the telephone services, there will be an Cellular Overlap Areas, SBC and accomplish the ‘‘complete divestiture of increased likelihood both of unilateral the entire business of one of the two BellSouth individual market shares, actions by the combined firm in these measured on the basis of the number of wireless system in each of the markets to increase prices, diminish the Overlapping Wireless Markets,’’ as subscribers, ranges from 20 to 70%. The quality or quantity of service provided, combined market share of SBC and Section II.C states. Section II.C also or refrain from making investments in BellSouth in the provision of wireless specifies in detail the types of assets to network improvements, and of mobile telephone services, measured by be divested, which collectively are coordinated interaction among the the number of subscribers, is in the described throughout the consent decree range of 65 to 95%, taking into account limited number of remaining as ‘‘Wireless System Assets,’’ and other operational wireless mobile competitors that could lead to similar addresses some special circumstances competitors. As measured by the anticompetitive results. Therefore, the concerning the divestiture of those Herfindahl-Hirschman Index (‘‘HHI’’), likely effect of the joint venture between assets. In all of the Overlapping which is commonly employed by the SBC and BellSouth is that prices would Wireless Markets, Wireless System Department of Justice in merger analysis increase, and the quality or quantity of Assets means all types of assets, tangible and is explained in more detail in service together with incentives to and intangible, used by defendants in Appendix A to the Complaint, improve network facilities would the operation of each of the wireless concentration in these markets is decrease, in the provision of wireless businesses to be divested, including the already in excess of 2600, well above mobile telephone services in the PCS/ provision of long distance the 1800 threshold at which the Cellular Overlap Areas. telecommunications service for wireless Department normally considers a It is unlikely that new entry in calls. Section II.C enumerates in detail, market to be highly concentrated. After response to a small but significant price without limitation, particular types of the contribution of the wireless increase by the combined company for assets covered by the divestiture businesses to the joint venture, the HHI wireless mobile telephone services in requirement. For the most part, the divesting in these markets will be in excess of the Overlapping Wireless Markets defendant is required to transfer to the 4800. would be timely and sufficient to purchaser the complete ownership and/ In each of the PCS/Cellular Overlap mitigate the competitive harm resulting Areas, the BellSouth’s cellular business or other rights to the Wireless System form this joint venture, if it were to be has one of the two largest market shares Assets. However, the joint venture will consummated. in the provision of wireless mobile retain a number of other wireless telephone services, and SBC is one of a For these reasons, the United States businesses in areas that do not overlap, small number of new PCS entrants into concluded that the joint venture as and prior to the joint venture each these markets. In one of these markets, proposed may substantially lessen defendant may have had certain assets such as the Los Angeles-San Diego competition, in violation of Section 7 of that were used substantially in the MTA, SBC was the first new PCS the Clayton Act, in the provision of operations of its overall wireless entrant, is the third largest wireless firm wireless mobile telephone services in business and that must be retained to in terms of number of subscribers, and the Overlapping Wireless Markets. some extent to continue the existing
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Section II.C permits other assets, are either to be divested in flexibility in recognition of the special special divestiture arrangements for their entirety, except for marks and timing issues involved in a divestiture such assets if they are not capable of names that must be retained to continue of this size and complexity. being divided between the divested and the existing operations of defendants’ Under Section IV.A, defendants must retained wireless businesses, or if the remaining wireless properties and that divest the Wireless System Assets of one divesting defendant and the purchaser are not capable of being divided (or that of the two wireless businesses in the agree not to divide them. For these the divesting defendant and purchaser Cellular Overlap Area and the assets, the divestiture requirement is agree not to divide), which are to be Indianapolis MTA PCS/Cellular Overlap satisfied if the divesting defendant made available to the purchaser through Area on or before consummation of the grants to the purchaser, at the election a non-exclusive, transferable license. transaction that gives rise to the overlap. of the purchaser, an option to obtain a Under limited circumstances, The divestitures of the Wireless System non-exclusive, transferable license for a defendants are allowed to retain Assets for the Los Angeles-San Diego reasonable period to use the assets in specified portions of the Wireless MTA PCS/Cellular Overlap Area shall the operation of the wireless business System Assets in the Overlapping occur prior to or at the same time as being divested, so as to enable to the Wireless Markets. First, Section II.C consummation of the transaction that purchaser to continue to operate the provides that if defendants elect to gives rise to the overlap, or January 27, divested wireless businesses without divest SBC’s interest in a PCS business 2001, whichever is later. BellSouth’s impairment. in one of the PCS/Cellular Overlap Wireless System Assets in Los Angeles- The definition of Wireless System Areas, defendants may retain up to 10 San Diego MTA PCS/Cellular Overlap Assets in Section II.C contains special MHz of broadband PCS spectrum within Area are held in partnership with AT&T provisions relating to intellectual that PCS/Cellular Overlap Area upon Wireless Services, Inc. Various property. One addresses intellectual completion of the divestiture of the provisions of Section IV and IX allow property rights that defendants may Wireless System Assets. In this instance, defendants to accomplish the objectives have under third-party licenses that defendants will still be required to of the Final Judgment consistent with could not be transferred to a purchaser divest the entire PCS business, BellSouth’s partnership obligations. entirely or by license without the including 20 MHz of broadband PCS Section IV.A.2, which allows a longer consent of the third-party licensor. If spectrum, to insure that the market time frame for defendants to complete any such assets are used by the wireless structure does not change as a result of the divestiture in the Los Angeles-San businesses being divested, defendants the joint venture and that the divested Diego MTA PCS/Cellular Overlap Area, must identify them in a schedule business will be able to compete as is one such provision. Plaintiff may, in submitted to plaintiff and filed with the effectively under new ownership as its sole discretion, extend this date for Court as expeditiously as possible under its current ownership. divestitures in the PCS/Cellular Overlap following the filing of the Complaint, in Section IV contains other provisions Areas by up to two thirty-day periods. any event, prior to any divestiture and to facilitate divestiture, including If one or more divestitures have not before the Court approves the proposed notification of the availability of the been completed as of the date of the Final Judgment. Defendants must Wireless System Assets for purchase in consummation of the transaction that explain the necessary consents and how Section IV.D, access to information gives rise to the overlap, defendants will a consent would be obtained for each about the Wireless System Assets in submit to plaintiff a definitive asset. This proviso is not intended to Section IV.E, and warranting that the Divestiture List identifying the specific afford defendants any opportunity to Wireless System Assets (except for the Wireless System Assets in each of the withhold intellectual property rights Wireless System Assets in the Los Overlapping Wireless Markets that will over which they have any control, Angeles-San Diego PCS/Cellular be divested. which could impair the ability of a Overlap) will be operational on the date The divestiture timing provisions of purchaser to use the divested wireless of sale in Section IV.I. In addition, to the proposed Final Judgment will business to compete effectively. It ensure that a purchaser will be able to ensure that the divestitures are carried relates only to intellectual property operate the divested wireless businesses out in a timely manner, and at the same assets that defendants have no power to without impairment, Section IV.G time will permit the parties an adequate transfer themselves, and defendants prohibits defendants from interfering opportunity to accomplish the must do all that is possible to transfer with a purchaser’s negotiations to retain divestitures through a fair and orderly the entire business of the divested any employees who work or have process. Even if all Wireless System wireless businesses. To make this clear, worked with the Wireless System Asset Assets have not been divested upon Section IV.H obligates defendants to since the date of the announcement of consummation of the transaction that cooperate with any purchaser as well as the joint venture, or whose principal gives rise to the overlap, there will be a trustee, if any, to seek to obtain the responsibility relates to the Wireless no adverse impact on competition given necessary third-party consents, if any System Assets. the short duration of the period of assets require such consents before they common ownership and the detailed B. Timing of Divestiture may be transferred to a purchaser. requirements of the Hold Separate Order Another proviso relates to certain In antitrust cases involving mergers or contained in Section IX of the Final specific trademarks, trade names and joint ventures in which the United Judgment. service marks. Section II.C, defining the States seeks a divestiture remedy, it In addition, the proposed Final Wireless System Assets to be divested, requires completion of the divestiture Judgment requires in Section IV.B that, generally requires the divestiture of within the shortest time period in carrying out the divestitures, trademarks, trade names and service reasonable under the circumstances. defendants comply with all of the marks, with the sixteen specified The proposed Final Judgment in this applicable rules of the FCC, or any exceptions which contain names under case requires, in Section IV.A, the waiver of such rules or other which defendants’ retained wireless divestitures of the Wireless System authorization granted by the FCC. These business, or their corporate parents or Assets in the Overlapping Wireless rules include 47 C.F.R. 20.6 (spectrum affiliates, do business. Such trademarks, Markets on a strict schedule, but aggregation) and 47 C.F.R. 22.942
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(cellular cross-ownership).2 These FCC terms of the Final Judgment, and which venture, as provided by Section V.I, requirements may add to, but cannot form agreement must have received other than the right to receive the subtract from or impair, the approval by the United States; and (4) proceeds of the sale, and certain requirements of the proposed Final defendants, after receiving FCC obligations to provide cooperation of the Judgment, since Section IV.B specifies approval for the license transfers, to trustee in order to complete the that authorization by the FCC to divest irrevocably the unsold Wireless divestiture, as indicated in Section V.E. conduct divestiture of a wireless System Assets to the trustee. Defendants are precluded under Section business in a particular manner will not The trustee will have the obligation V.I from communicating with the modify any of the requirements of the and the sole responsibility, under trustee, or seeking to influence the decree. The provisions of the proposed Section V.B, for the divestiture of any trustee, concerning the divestiture or the Final Judgment to avoid any conflict transferred Wireless System Assets. The operation and management of the with the FCC’s rules. trustee has the authority to accomplish wireless businesses transferred, apart divestitures at the earliest possible time from the limited communications C. Use of a Trustee Subsequent to and ‘‘at the best price then obtainable necessary to carry out the Final Consummation of the Acquisition upon a reasonable effort by the trustee.’’ Judgment and to provide the trustee The proposed Final Judgment In addition, notwithstanding any with the necessary resources and provides in Section IV.A that SBC and provision to the contrary, plaintiff may, cooperation to complete the BellSouth must divest the Wireless in its sole discretion, require defendants divestitures. Defendants and the trustee System Assets in each of the to include in the Wireless System Assets are subject to an absolute prohibition on Overlapping Wireless Markets in to be divested additional PCS spectrum exchanging any non-public or accordance with the schedule contained it proposes to retain under Section II.C competitively sensitive marketing, sales therein, either to purchasers acceptable if it would facilitate a prompt or pricing information relating to either to plaintiff in its sole discretion, or to a divestiture to an acceptable purchaser. of the wireless businesses in the trustee designated pursuant to Section V This provision allows plaintiff, in its Overlapping Wireless Markets. These of the Final Judgment. As part of this discretion, to require defendants to safeguards will protect against any divestiture, SBC and BellSouth must divest additional PCS spectrum to competitive harm that could arise from relinquish any direct or indirect insure that the trustee can promptly coordinated behavior or information financial ownership interests and any locate and divest to a purchaser sharing between the two wireless direct or indirect role in management or acceptable to plaintiff. Defendants are businesses during the limited period participation in control. Pursuant to not entitled to object to divestiture while sale of the Wireless System Assets Section V of the proposed Final based on the adequacy of the price the is not yet complete. They ensure that Judgment, the trustee will own and trustee obtains or any other ground, the trusteeship arrangement is control the systems until they are sold unless the trustee’s conduct amounts to consistent with the FCC’s rules. to a final purchaser, subject to malfeasance. The terms of the trustee’s Section V.G requires the trustee to safeguards to prevent SBC and compensation, under Section V.D, will divest the Wireless System Assets to a BellSouth from influencing their provide incentives based on the price purchaser or purchasers acceptable to operation. and terms of the divestiture and the the plaintiff no later than 180 days after Section V details the requirements for speed with which it is accomplished. As the assets are transferred to the trustee. the establishment of the trust, the provided by Sections V.B and V.D, However, since the FCC’s approval is selection and compensation of the defendants will pay the compensation required for the transfer of the wireless trustee, the responsibilities of the and expenses of the trustee, and of any licenses to a purchaser, Section V.G. trustee in connection with divestiture investment bankers, attorneys or other provides that if applications for transfer and operation of the Wireless System agents that the trustee finds reasonably of a wireless license have been filed by Assets, and the termination of the trust. necessary to assist in the divestiture and the FCC within the 180-day period, but If defendants have not divested all of the management of the Wireless System the FCC has not granted approval before their Wireless System Assets in the Assets. the end of that time, the period for Overlapping Wireless Markets to The trusteeship mechanism has been divestiture of the specific Wireless approved purchasers in accordance with used by the FCC, in a variety of System Assets covered by the license Section IV.A, Section V.A requires: (1) contexts, to provide a short period of that cannot yet be transferred shall be defendants to identify the Wireless time in which to complete a sale of a extended until five days after the FCC’s System Assets in each Overlapping spectrum licensee that must be divested, approval is received. This extension is Wireless Market to be divested; (2) the while permitting the broader merger or to be applied only to the individual United States to select a trustee and acquisition that necessitates the wireless license affected by the delay in apply to the Court for appointment of a divestiture to go forward. In this approval of the license transfer and does trustee; (3) defendants to submit a form context, the critical feature of the not entitle defendants to delay the of Trust Agreement consistent with the trusteeship arrangement is that the divestiture of any other Wireless System trustee will not only have responsibility Assets for which license transfer 2 The FCC’s spectrum aggregation rules, in 47 for sale of the Wireless System Assets, approval has been granted. C.F.R. 20.6, do not permit a licensee to have an but will also be the authorized holder of attributable interest in more than 45 MHz of the wireless license, with full D. Criteria for the United States’ spectrum licensed for cellular, PCS or SMR with Approval of Purchasers significant overlap in any geographic area. The FCC responsibility for the operations, will attribute an interest if it is controlling, or if in marketing and sales of the wireless Under the proposed Final Judgment, most cases it is 20% or more of the equit7y, business to be divested, and will not be the United States has an important role outstanding stock or voting stock of the licensee. The FCC’s cellular cross-ownership rules, in 47 subject to any control or direction by in the approval of purchasers for each C.F.R. 22.942, also prohibit a licensee or any person defendants. Defendants will no longer of the divested wireless businesses, to controlling a licensee from having a direct or have any role in the ownership, ensure that the purchasers chosen by indirect ownership interest of more than 5% in both operation or management of the defendants or the trustee are adequate cellular systems in an overlapping cellular geographic service area, unless such interests pose Wireless System Assets to be divested from a competitive viewpoint. The ‘‘no substantial threat to competition.’’ following consummation of their joint United States’ approval or rejection of a
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56937 purchaser is at its sole discretion, as for an objection by defendants to a sale and working capital, not selling the Section IV.A specifies, but the consent by the trustee under the limited assets (except with approval of decree also embodies certain criteria situation of alleged malfeasance, but in plaintiff), not terminating, transferring that the United States will apply in that case it is possible for the Court to or reassigning employees who work making the approval decision. approve a sale over defendants’ with the assets (with certain limited In the case of any divestiture, by objection. exceptions), and not taking any actions defendants or the trustee, it is important Section VII establishes affidavit to impede or jeopardize the sale of the to ensure that the ongoing wireless requirements for defendants to report to assets. Section IX.C reinforces the other businesses go to purchasers with the the United States on their compliance provisions of the Hold Separate Order capability and intent to operate them as with the proposed Final Judgment, their by requiring defendants to appoint a effective competitors in the lines of activities in seeking to divest the specific manager for the Wireless business they already serve, and that Wireless System Assets prior to System Assets, who will not participate there are no conditions restricting consummating their joint venture, and in the management of any of defendants’ competition in the terms of the sale. their actions to preserve the Wireless other businesses. Section IX.D obliges Specifically, Section IV.C of the System Assets to be divested. Under each defendant, during the period while proposed Final Judgment requires that V.F, the trustee also has monthly they still control Wireless System the divestitures of Wireless System reporting obligations concerning the Assets, to appoint persons not affiliated Assets be made to a purchaser or efforts made to divest the Wireless with the other defendant to oversee the purchasers for whom it is demonstrated System Assets. Wireless System Assets to be divested to plaintiff’s sole satisfaction that: (1) Section VIII, prohibits defendants and to be responsible for compliance The Purchaser(s) has the capability and from financing all or any part of a with the Final Judgment. intent to compete effectively in the purchase made by an acquirer of the In order to ensure compliance with provision of wireless mobile telephone Wireless System Assets, whether the the Final Judgment, Section X gives the service using the Wireless System divestiture is carried out by defendants United States various rights, including Assets; (2) the purchaser(s) has the or by the trustee. inspection of defendants’ records, the managerial, operational and financial Section IX, the Hold Separate Order, ability to conduct interviews and take capability to compete effectively in the contains important requirements sworn testimony of defendants’ officers, provision of wireless mobile telephone concerning the operation of the wireless directors, employees and agents, and to service using the Wireless System businesses before divestiture is require defendants to submit written Assets; and (3) none of the terms of any complete, and the preservation of the reports. These rights are subject to agreement between the purchaser(s) and Wireless System Assets as a viable, legally recognized privileges, and either of defendants shall give ongoing business. The obligations of information the United States obtains defendants the ability unreasonably (i) Section IX.A fall on both defendants using these powers is protected by to raise the purchaser(s)’s costs, (ii) to and both wireless businesses in any specified confidentiality obligations, lower the purchaser(s)’s efficiency, (iii) Overlapping Wireless Market, obliging which permit sharing of information to limit any line of business which a them to ensure that such wireless with the FCC under a customary purchaser(s) may choose to pursue businesses continue to be operated as protective order issued by that agency or using the Wireless System Assets, or separate, independent, ongoing, a waiver of confidentiality. Under otherwise to interfere with the ability of economically viable and active Section III.B, purchasers of the Wireless the purchaser(s) to compete effectively. competitors to the other wireless mobile System Assets must also agree to give All of these criteria must be satisfied telecommunications providers in the the United States similar access to whether the divestiture is accomplished same area. Section IX.A. requires information. by defendants or the trustee. separation of the operations of the two The Court retains jurisdiction under wireless businesses and their books, Section XII, and Section XIII provides E. Other Provisions of the Decree records and competitively sensitive that the proposed Final Judgment will Section III specifies the persons to information. The requirements of expire on the tenth anniversary of the whom the Final Judgment is applicable, Section IX.A serve to ensure that date of its entry, unless extended by the and provides for the Final Judgment to defendants maintain their two wireless Court. Although the required be applicable to certain Interim Parties businesses in the Overlapping Wireless divestitures will be accomplished in a to whom defendants might transfer the Markets as fully separate competitors considerably shorter time, defendants Wireless System Assets, other than prior to consummating their joint are also precluded from reacquiring the purchasers approved by the United venture, notwithstanding their divested spectrum licenses and all other States. expectations that the joint venture will licenses, permits and authorization’s Section VI obliges defendants, or the take place, and reinforce the provisions within the term of the decree, pursuant trustee if applicable, to notify the of Section VI concerning the separation to Section XI. United States of any planned divestiture of defendants and the trustee after the of Wireless System Assets within two joint venture is consummated but while IV. Remedies Available to Potential business days of executing a binding there are still Wireless System Assets Private Litigants agreement with a purchaser. It enables awaiting sale. Section 4 of the Clayton Act, 15 the United States to obtain information Section IX.B requires the defendant U.S.C. 15, provides that any person who to evaluate the chosen purchaser as well whose assets will be divested (or both, has been injured as a result of conduct as other prospective purchasers who if it has not yet been decided which prohibited by the antitrust laws may expressed interest and establishes a system will be divested in a particular bring suit in federal court to recover procedure for the United States to notify market) to take certain specified steps to three times the damages that the person defendants and the trustee whether it preserve the assets in accordance with has suffered, as well as costs and objects to a divestiture. The United past practices. These steps include reasonable attorneys’ fees. Entry of the States’ notification of its lack of maintaining and increasing sales, proposed Final Judgment will neither objection is necessary for a divestiture maintaining the assets in operable impair nor assist the bringing of any to proceed. This section also provides condition, providing sufficient credit private antitrust damage action. Under
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56938 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices the provisions of Section 5(a) of the competition in the provision of wireless [a]bsent a showing of corrupt failure of the Clayton Act, 15 U.S.C. 16(a), the mobile telephone services in the government to discharge its duty, the Court, proposed Final Judgment has no prima Overlapping Wireless Markets. This in making its public interest finding, should facie effect in any subsequent private proposed Final Judgment will also void . . . carefully consider the explanations of lawsuit that may be brought against the government in the competitive impact the substantial costs and uncertainty of statement and its responses to comments in defendants. a full trial on the merits on the order to determine whether those V. Procedures Available for violations alleged in the complaint. explanations are reasonable under the Modification of the Proposed Final Therefore, the United States believes circumstances. that there is no reason under the Judgment United States v. Mid-America antitrust laws to proceed with further Dairymen, Inc., 1977–1 Trade Cas (CCH) Plaintiff and defendants have litigation if the divestitures of the ¶ 61,508, at 71,980 (W.D. Mo. 1977). stipulated that the proposed Final Wireless System Assets are carried out Judgment may be entered by the court Accordingly, with respect to the in the manner required by the proposed adequacy of the relief secured by the after compliance with the provisions of Final Judgment. the APPA, provided that the United decree, a court may not ‘‘engage in an States has not withdrawn its consent. VII. Standard of Review Under the unrestricted evaluation of what relief The APPA conditions entry upon the APPA for Proposed Final Judgment would best serve the public.’’ United Court’s determination that the proposed The APPA requires that proposed States v. BNS, Inc., 858 F.2d 456, 462 Final Judgment is in the public interest. consent judgments in antitrust cases (9th Cir. 1988) (citing United States v. The APPA provides a period of at brought by the United States be subject Bechtel Corp., 648 F.2d 660, 666 (9th least sixty (60) days preceding the to a sixty (60) day comment period, after Cir.), cert. denied, 454 U.S. 1083 effective date of the proposed Final which the court shall determine (1981)); see also Microsoft, 56 F.3d at Judgment within which any person may whether entry of the proposed Final 1460–62. Precedent requires that submit to the United States written Judgment ‘‘is in the public interest.’’ In The balancing of competing social and comments regarding the proposed Final making that determination, the court political interests affected by a proposed Judgment. Any person who wishes to may consider— antitrust consent decree must be left, in the comment should do so within sixty (60) first instance, to the discretion of the days of the date of publication of this (1) the competitive impact of such Attorney General. The court’s role in judgment, including termination of alleged protecting the public interest is one of Competitive Impact Statement in the violations, provisions for enforcement and Federal Register. The United States will insuring that the government has not modification, duration or relief sought, breached its duty to the public in consenting evaluate and respond to the comments. anticipated effects of alternative remedies to the decree. The court is required to All comments will be given due actually considered, and any other determine not whether a particular decree is consideration by the United States, considerations bearing upon the adequacy of the one that will best serve society, but which remains free to withdraw its such judgment; whether the settlement is ‘‘within the reaches consent to the proposed Final Judgment (2) the impact of entry of such judgment of the public interest.’’ More elaborate at any time prior to entry. The upon the public generally and individuals requirements might undermine the alleging specific injury from the violations comments and the responses of the effectiveness of antitrust enforcement by set forth in the compliant including consent decree. 4 United States will be filed with the consideration of the public benefit, if any, to Court and published in the Federal The proposed Final Judgment, be derived from a determination of the issues therefore, should not be reviewed under Register. at trial. Written comments should be a standard of whether it is certain to 15 U.S.C. 16(e) (emphasis added). As submitted to: Donald J. Russell, Chief, eliminate every anticompetitive effect of the United States Court of Appeals for Telecommunications Task Force, a particular practice or whether it the D.C. Circuit held, this statute Antitrust Division, United States mandates certainty of free competition permits a court to consider, among other Department of Justice, 1401 H Street, in the future. Court approval of a final things, the relationship between the NW., Suite 8000, Washington, DC judgment requires a standard more remedy secured and the specific 20530. flexible and less strict than the standard The proposed Final Judgment allegations set forth in the government’s required for a finding of liability. ‘‘[A] provides, in Section XII, that the Court compliant, whether the decree is proposed decree must be approved even retains jurisdiction over this action, and sufficiently clear, whether enforcement if it falls short of the remedy the court the parties may apply to the Court for mechanisms are sufficient, and whether would impose on its own, as long as it any order necessary or appropriate to the decree may positively harm third falls within the range of acceptability or carry out or construe the Final parties. See United States v. Microsoft, is ‘within the reaches of public Judgment, to modify any of its 56 F.3d 1448, 1461–62 (D.C. Cir. 1995). interest.’ ’’ United States v. American In conducting this inquiry, ‘‘[t]he provisions, to enforce compliance, and Tel. & Tel Co., 552 F. Supp. 131, 151 Court is nowhere compelled to go to to punish any violations of its (D.D.C. 1982), aff’d sub nom., Maryland trial or to engage in extended provisions. v. United States, 460 U.S. 1001 (1983) proceedings which might have the effect VI. Alternatives to the Proposed Final of vitiating the benefits of prompt and that the comments have raised significant issues Judgment less costly settlement through the and that further proceedings would aid the court in consent decree process.’’ 3 Rather, resolving those issues. See H.R. Rep. 93–1463, 93d The United States considered, as an Cong. 2d Sess. 8–9 (1974), reprinted in U.S.C.C.A.N. alternative to the proposed Final 6535, 6538. 3 119 Cong. Rec. 24598 (1973). See United States Judgment, seeking an injunction to v. Gilette Co., 406 F. Supp. 713, 715 (D. Mass. 4 Bechtel, 648 F.2d at 666 (emphasis added); see block consummation of the joint venture 1975). A ‘‘public interest’’ determination can be BNS, 858 F.2d at 463; United States v. National and a full trial on the merits. The United made properly on the basis of the Competitive Broadcasting Co., 449 F. Supp. 1127, 1143 (C.D. States is satisfied, however, that the Impact Statement and Response to Comments filed Cal. 1978); Gillette, 406 F. Supp. at 716. See also pursuant to the APPA. Although the APPA Microsoft, 56 F.3d at 1461 (whether ‘‘the remedies divestiture of Wireless System Assets authorizes the use of additional procedures, 15 [obtained in the decree are] so inconsonant with the and other relief contained in the U.S.C. 16(f), those procedures are discretionary. A allegations charged as to fall outside of the ‘reaches proposed Final Judgment will preserve court need not invoke any of them unless it believes of the public interest.’’’).
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(quoting Gillette Co., 406 F. Supp. at Director of Operations and Merger The purpose of each of the 716); United States v. Alcan Aluminum, Enforcement. investigations is to determine whether Ltd., 605 F. Supp. 619, 622 (W.D. Ky. Donald J. Russell, the workers are eligible to apply for Chief, Telecommunications Task Force. 1985). Laury E. Bobbish, adjustment assistance under Title II, Moreover, the court’s role under the Assistant Chief, Telecommunications Task Chapter 2, of the Act. The investigations Tunney Act is limited to reviewing the Force. will further relate, as appropriate, to the remedy in relationship to the violations Hillary B. Burchuk, determination of the date on which total that the United States has alleged in its D.C. Bar #366755. or partial separations began or Lawrence M. Frankel, complaint, and does not authorize the threatened to begin and the subdivision D.C. Bar #441532 of the firm involved. court to ‘‘construct [its] own Cynthia R. Lewis, hypothetical case and then evaluate the Trial Attorneys, U.S. Department of Justice, The petitioners or any other persons decree against that case.’’ Microsoft, 56 Antitrust Division, Telecommunications showing a substantial interest in the F.3d at 1459. Since ‘‘[t]he court’s Task Force, 1401 H Street, N.W., Suite subject matter of the investigations may authority to review the decree depends 8000, Washington, D.C. 20530, (202) 514– request a public hearing, provided such entirely on the government’s exercising 5621. request is filed in writing with the its prosecutorial discretion by bringing Dated: August 30, 2000. Director, Division of Trade Adjustment a case in the first place,’’ it follows that [FR Doc. 00–24085 Filed 9–19–00; 8:45 am] Assistance, at the address shown below, not later than October 2, 2000. the court ‘‘is only authorized to review BILLING CODE 4410±11±M the decree itself,’’ and not to ‘‘effectively Interested persons are invited to redraft the complaint’’ to inquire into submit written comments regarding the other matters that the United States DEPARTMENT OF LABOR subject matter of the investigations to might have but did not pursue. Id. the Director, Division of Trade Employment and Training Adjustment Assistance, at the address VIII. Determinative Documents Administration shown below, not later than October 2, There are no determinative materials 2000. Investigations Regarding Certifications or documents within the meaning of the The petitions filed in this case are of Eligibility To Apply for Worker APPA that were considered by the available for inspection at the Office of Adjustment Assistance United States in formulating the the Director, Division of Trade proposed Final Judgment. Petitions have been filed with the Adjustment Assistance, Employment Consequently, the United States has not Secretary of Labor under Section 221(a) and Training Administration, U.S. attached any such materials to the of the Trade Act of 1974 (‘‘the Act’’) and Department of Labor, Room C–5311, 200 proposed Final Judgment. are identified in the Appendix to this Constitution Avenue, N.W., Washington, D.C. 20210. Respectfully submitted, notice. Upon receipt of these petitions, Joel I. Klein, the Director of the Division of Trade Signed at Washington, D.C. this 5th day of Assistant Attorney General. Adjustment Assistance, Employment September, 2000. A. Douglas Melamed, and Training Administration, has Edward A. Tomchick, Principal Deputy Assistant Attorney General. instituted investigations pursuant to Director, Division of Trade Adjustment Constance K. Robinson, Section 221(a) of the Act. Assistance.
Appendix—Petitions Instituted on 09/05/2000
Subject Firm Date of TA±W (petitioners) Location petition Product(s)
38,043 ...... Freightliner LLC (IAM) ...... Portland, OR ...... 08/22/2000 Trucks. 38,044 ...... Louisiana Pacific (Wrks) ...... Hines, OR ...... 08/17/2000 Engineered wood products. 38,045 ...... Corus Tuscaloosa (Comp) ...... Tuscaloosa, AL ...... 08/03/2000 Hot coiled rolled steel. 38,046 ...... Paramount Headwear, Inc. Dexter, MO ...... 08/25/2000 Headwear. (Comp). 38,047 ...... Rockwell Automation (IUE) ...... Euclid, OH ...... 08/25/2000 Cabinets. 38,048 ...... PL Garment Finishers (Comp) .. McRae, GA ...... 08/21/2000 Denim jeans. 38,049 ...... Puget Plastics Corp (Comp) ...... Tualatin, OR ...... 08/19/2000 Plastic molded parts. 38,050 ...... Shipple Ronal, Inc. (Wrks) ...... Long Island, NY ...... 08/21/2000 Speciality chemicals. 38,051 ...... Burlington House Home (Comp) Stokesdale, NC ...... 08/21/2000 Comforters, bedskirts and pillow shams. 38,052 ...... Pulaski Furniture, Plt #2 (wrks) Martinsville, VA ...... 08/22/2000 Curio cabinets. 38,053 ...... Pillowtex Corp (Wrks) ...... Fieldale, VA ...... 08/22/2000 Towels. 38,054 ...... Merrimac Industries (Wrks) ...... West Caldwell, NJ ...... 08/11/2000 Power dividers. 38,055 ...... Natalie Knitting Mills (Wrks) ...... Chilhowie, VA ...... 08/25/2000 Cotton sweaters. 38,056 ...... Beaumont Neckwear, Inc. New York, NY ...... 08/22/2000 Neckties. (Wrks). 38,057 ...... Corlair Corp. (Comp) ...... Piedmont, MO ...... 08/24/2000 Vinyl zippered folders for autos. 38,058 ...... Kountry Kreations (Wrks) ...... Towanda, PA ...... 08/24/2000 Dry floral products. 38,059 ...... Crown Vantage (Comp) ...... Parchment, MI ...... 08/25/2000 Specialty papers. 38,060 ...... Garden Grow Co. (The) (Comp) Wilsonville, OR ...... 08/17/2000 Flower and vegetables seed packets. 38,061 ...... TRW (SVAA) ...... Danville, PA ...... 08/23/2000 Engine valves. 38,062 ...... Grant Geophysical Corp (Comp) Houston, TX ...... 08/08/2000 Seismic data. 38,063 ...... International Lace (Comp) ...... Guttenberg, NJ ...... 08/17/2000 LaceÐembroidery. 38,064 ...... UFE, Inc. (Wrks) ...... River Falls, WI ...... 08/17/2000 Injection molding.
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Subject Firm Date of TA±W (petitioners) Location petition Product(s)
38,065 ...... It's Personnal (Wrks) ...... New York, NY ...... 08/22/2000 Ladies' sportswear.
[FR Doc. 00–24153 Filed 9–19–00; 8:45 am] instituted investigations pursuant to Interested persons are invited to BILLING CODE 4510-±30±M Section 221 (a) of the Act. submit written comments regarding the The purpose of each of the subject matter of the investigations to investigations is to determine whether the Director, Division of Trade DEPARTMENT OF LABOR the workers are eligible to apply for Adjustment Assistance, at the address adjustment assistance under Title II, shown below, not later than October 2, Employment and Training Chapter 2, of the Act. The investigations 2000. Administration will further relate, as appropriate, to the The petitions filed in this case are available for inspection at the Office of Investigations Regarding Certifications determination of the date on which total the Director, Division of Trade of Eligibility to Apply For Worker or partial separations began or Adjustment Assistance, Employment Adjustment Assistance threatened to begin and the subdivision of the firm involved. and Training Administration, U.S. Petitions have been filed with the The petitioners or any other persons Department of Labor, Room C–5311, 200 Secretary of Labor under Section 221 (a) showing a substantial interest in the Constitution Avenue, N.W., of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations may Washington, D.C. 20210. are identified in the Appendix to this request a public hearing, provided such Signed at Washington, D.C. this 28th of notice. Upon receipt of these petitions, request is filed in writing with the August, 2000. the Director of the Division of Trade Director, Division of Trade Adjustment Edward A. Tomchick, Adjustment Assistance, Employment Assistance, at the address shown below, Director, Division of Trade Adjustment and Training Administration, has not later than October 2, 2000. Assistance.
Appendix—Petitions Instituted On 08/28/2000
Subject firm Date of TA±W (petitioners) Location petition Product(s)
38,001 ...... Warner's Distribution (Wkrs) ...... Murfeesoboro, TN ...... 08/12/2000 Ladies' intimate apparel. 38,002 ...... Genlyte Thomas Group (IBEW) .. Hopkinsville, KY ...... 08/01/2000 Lighting fixtures. 38,003 ...... Parker Seal Co. (Wkrs) ...... Berea, KY ...... 08/11/2000 O-ring seals. 38,004 ...... Duluth Engineering (Wkrs) ...... Duluth, MN ...... 08/11/2000 Gearboxes, hoists drums. 38,005 ...... Maxco Tech Designs (Co.) ...... Edgewater, NJ ...... 08/07/2000 Embroidery. 38,006 ...... Rohm and Haas Co. (Wkrs) ...... Philadelphia, PA ...... 08/09/2000 Ion exchange resins. 38,007 ...... Tredegar Corp. (IAM) ...... Manchester, IA ...... 07/31/2000 Embossed diaper backsheet film. 38,008 ...... Cytec Industries (Wkrs) ...... Wallingford, CT ...... 08/18/2000 Molding compounds. 38,009 ...... Roseburg Forest Products (Co.) Roseburg, OR ...... 08/16/2000 Ponderosa and sugar pine. 38,010 ...... Key Tronic Corp. (Co.) ...... Spokane, WA ...... 08/04/2000 Custom keyboards. 38,011 ...... Santtony Wear LLC (Co.) ...... Rockingham, NC ...... 08/08/2000 Ladies' undergarments. 38,012 ...... Dunbrooke Sportswear (Wkrs) .... Greenfield, MO ...... 08/14/2000 Sports jackets. 38,013 ...... Robert Bosch Corp. (UAW) ...... Hendersonville, TN ...... 08/03/2000 Automobile air moving motors. 38,014 ...... Bay Club Sportswear (UNITE) .... Copiague, NY ...... 08/15/2000 Bathing suitsÐbeachwear. 38,015 ...... Boyt Brands (Co.) ...... Bedford, IA ...... 08/11/2000 Luggage. 38,016 ...... Leoni Wiring System (Co.) ...... Tucson, AZ ...... 08/10/2000 Cable products. 38,017 ...... International Paper (Wkrs) ...... Monticello, AR ...... 07/21/2000 Paper and poly bags. 38,018 ...... Durango Apparel (Wkrs) ...... New York, NY ...... 06/30/2000 OfficeÐjeans, slacks and shorts. 38,019 ...... West Mill Clothes (UNITE) ...... Woodside, NY ...... 08/10/2000 Men's tuxedo jackets and pants. 38,020 ...... A.O. Smith Electrical (Co.) ...... Gordonsville, TN ...... 08/10/2000 Electrical motors. 38,021 ...... Cardinal Shoe Corp (Co.) ...... Lawrence, MA ...... 08/08/2000 Women's dress shoes. 38,022 ...... Celanese Acetate (UNITE) ...... Rock Hill, SC ...... 08/13/2000 Acetate filament and flake. 38,023 ...... Martin Mills, Inc. (Co.) ...... St. Martinville, LA ...... 08/08/2000 Tee shirts. 38,024 ...... Alabama Structural Beams Gadsden, AL ...... 08/08/2000 Light steel I-beams. (UNITE). 38,025 ...... Jenny Fashions (Co.) ...... Meriden, CT ...... 07/25/2000 Women's apparel. 38,026 ...... Holocroft, LLC (ISLU) ...... Livonia, MI ...... 08/15/2000 Heat treating furnaces. 38,027 ...... Great Lakes Chemical (Co.) ...... Laredo, TX ...... 08/02/2000 Antimony oxide. 38,028 ...... Playtex Apparel (Wkrs) ...... Newnan, GA ...... 08/18/2000 Undergarments. 38,029 ...... Trus Joist (Wkrs) ...... Eugene, OR ...... 08/16/2000 Veneer. 38,030 ...... Phoenix Medical Tech. (Wkrs) .... Andrews, SC ...... 08/17/2000 Disposable rubber and plastic gloves. 38,031 ...... Wabash Automotive (Wkrs) ...... Fort Worth, TX ...... 08/11/2000 Slip rings and carburators. 38,032 ...... Harman JBL (Wkrs) ...... Northridge, CA ...... 08/09/2000 Loudspeaker components, cabi- nets. 38,033 ...... WTTC, Inc. (Wkrs) ...... Raymondville, TX ...... 08/18/2000 Cut denim material. 38,034 ...... Lucchese (Wkrs) ...... El Paso, TX ...... 08/10/2000 Boots. 38,035 ...... Stanley Tools (Wkrs) ...... Shaftsbury, VT ...... 08/08/2000 Levels, chalk and chalklines. 38,036 ...... Midwest Electric Products (Co.) .. Mankato, MN ...... 08/09/2000 Weatherproof electrical equip- ment. 38,037 ...... AES Interconnects (Wkrs) ...... San Benito, TX ...... 07/28/2000 Wire harnesses.
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Subject firm Date of TA±W (petitioners) Location petition Product(s)
38,038 ...... Gulford Mills, Inc (Co.) ...... Greensboro, NC ...... 08/07/2000 Material for sleepwear and dresswear. 38,039 ...... Tru Stitch Footwear (Co.) ...... Malone, NY ...... 08/11/2000 Soft moccasin and boot style slippers. 38,040 ...... Reynolds Metals (IAMAW) ...... Troutdale, OR ...... 08/18/2000 Aluminum. 38,041 ...... Harris Interactive (Wkrs) ...... Vestal, NY ...... 08/08/2000 Market research surveys. 38,042 ...... EL Footwear, LLC (Co.) ...... Franklin, TN ...... 08/22/2000 Western and work boots.
[FR Doc. 00–24154 Filed 9–19–00; 8:45 am] Shop, El Paso, Texas who became totally or Tanya M. Sandros, Senior Attorney, BILLING CODE 4510±30±M partially separated from employment on or Copyright Arbitration Royalty Panels, after April 21, 1999 through July 11, 2002 are P.O. Box 70977, Southwest Station, eligible to apply for NAFTA–TAA under Washington, DC 20024. Telephone (202) Section 250 of the Trade Act of 1974. DEPARTMENT OF LABOR 707–8380. Telefax: (202) 252–3423. Signed at Washington, D.C. this 13th day SUPPLEMENTARY INFORMATION: Each year Employment and Training of September, 2000. satellite carriers submit royalties to the Administration Edward A. Tomchick, Copyright Office for the retransmission [NAFTA±03888] Director, Division of Trade Adjustment to their subscribers of over-the-air Assistance. broadcast signals. 17 U.S.C. 119. These Lear Corp., United Technologies, [FR Doc. 00–24155 Filed 9–19–00; 8:45 am] royalties are, in turn, distributed in one Automotive, Inc.; Mold and Die Shop, BILLING CODE 4510±30±M of two ways to copyright owners whose El Paso, TX; Amended Certification works were included in a Regarding Eligibility To Apply for retransmission of an over-the-air NAFTA-Transitional Adjustment LIBRARY OF CONGRESS broadcast signal and who timely filed a Assistance claim for royalties with the Copyright Copyright Office Office. The copyright owners may either In accordance with Section 250(A), negotiate the terms of a settlement as to Subchapter D, Chapter 2, Title II, of the [Docket No. 2000±7 CARP SD 96±98] the division of the royalty funds, or the Trade Act of 1974 (19 USC 2273), the Librarian of Congress may convene a Department of Labor issued a Ascertainment of Controversy for the Copyright Arbitration Royalty Panel Certification for NAFTA Transitional 1996±1998 Satellite Royalty Funds (‘‘CARP‘‘) to determine the distribution Adjustment Assistance on July 11, 2000, AGENCY: Copyright Office, Library of of the royalty fees that remain in applicable to workers of Lear Corp., Congress. controversy. See 17 U.S.C. chapter 8. Mold and Die Shop, El Paso, Texas. The ACTION: Notice with request for During the pendency of any notice was published in the Federal comments and notices of intention to proceeding, however, the Librarian of Register on July 24, 2000 (65 FR 45621). participate. Congress may distribute any amounts At the request of the State agency, the that are not in controversy, provided Department reviewed the certification SUMMARY: The Copyright Office of the that sufficient funds are withheld to for workers of the subject firm. The Library of Congress directs all claimants cover reasonable administrative costs workers inspected, modified and to royalty fees collected under the and to satisfy all claims with respect to assembled dies manufactured by outside section 119 statutory license in 1996, which a controversy exists under his vendors but used by the subject firm for 1997 and 1998 to submit comments as authority set forth in section crimping wire terminals. New to whether a Phase I or Phase II 119(b)(4)(C) of the Copyright Act, title information received from the company controversy exists as to the distribution 17 of the United States Code. See, e.g., shows that on May 4, 1999, Lear Corp. of those fees, and a Notice of Intention Order, Docket No. 97–1 CARP SD 92–95 purchased United Technologies to Participate in a royalty distribution (dated July 20, 1999). Automotive, Inc. Information also proceeding. On September 15, 2000, shows that workers separated from DATES: Comments and Notices of Intent representatives of the Phase I claimant employment at Lear Corp., Mold and categories to which royalties have been Die Shop had their wages reported to Participate are due by October 10, 2000. allocated in prior satellite distribution under a separate unemployment proceedings filed a motion with the insurance (UI) tax account for United ADDRESSES: If sent by mail, an original Copyright Office for a partial Technologies Automotive, Inc. and five copies of written comments distribution of 75% of the 1996–1998 Accordingly, the Department is and a Notice of Intention to Participate satellite royalty funds. The Office will amending the certification to properly should be addressed to: Copyright consider this motion after all interested reflect this matter. Arbitration Royalty Panel (CARP), P.O. parties have been identified by filing the The intent of the Department’s Box 70977, Southwest Station, Notices of Intention requested herein certification is to include all workers of Washington, D.C. 20024. If hand and have had an opportunity to file Lear Corp., Mold and Die Shop, El Paso, delivered, an original and five copies responses to the motion. Texas who were adversely affected by should be brought to: Office of the the shift of production to Mexico. General Counsel, James Madison 1. Comments on the Existence of The amended notice applicable to Memorial Building, Room 403, First and Controversies NAFTA–03888 is hereby issued as Independence Avenue, S.E, Before commencing a distribution follows: Washington, D.C. 20540. proceeding or making a partial All workers of Lear Corp., United FOR FURTHER INFORMATION CONTACT: distribution, the Librarian of Congress Technologies Automotive, Inc., Mold and Die David O. Carson, General Counsel, or must first ascertain whether a
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56942 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices controversy exists as to the distribution Intent to Participate in this proceeding NATIONAL AERONAUTICS AND of the royalty funds and the extent of to comply with following instructions. SPACE ADMINISTRATION those controversies. 17 U.S.C. 803(d). Each claimant that has a dispute over Therefore, the Copyright Office is the distribution of the 1996–1998 [Notice 00±113] requesting comment on the existence satellite royalty funds, either at Phase I and extent of any controversies, at Phase or Phase II, shall file a Notice of Intent Government-Owned Inventions, I and Phase II, as to the distribution of Available for Licensing the 1996–1998 satellite funds. to Participate that contains the In Phase I of a satellite royalty following: (1) the claimant’s full name, AGENCY: National Aeronautics and distribution, royalties are distributed to address, telephone number, and Space Administration. certain categories of broadcast facsimile number (if any); (2) ACTION: Notice of Availability of programming that has been identification of whether the Notice retransmitted by satellite carriers. The covers a Phase I proceeding, a Phase II Inventions for Licensing. categories have traditionally been proceeding, or both; and (3) a statement SUMMARY: The inventions listed below syndicated programming and movies, of the claimant’s intention to fully are assigned to the National Aeronautics sports, commercial and nonommerical participate in a CARP proceeding. and Space Administration, have been broadcaster-owned programing, Claimants may, in lieu of individual filed in the United States Patent and religious programming, and music Notices of Intent to Participate, submit Trademark Office, and are available for programming. We seek comments as to joint Notices. In lieu of the requirement controversies between these categories licensing. that the notice contain the claimant’s for royalty distribution. DATES: September 20, 2000. In Phase II of a satellite royalty name, address, telephone number and FOR FURTHER INFORMATION CONTACT: distribution, royalties are distributed to facsimile number, a joint notice shall Robert M. Padilla, Patent Counsel, Ames claimants within a program category. If provide the full name, address, Research Center, Mail Code 202A–3, a claimant anticipates a Phase II telephone number, and facsimile Moffett Field, CA 94035; telephone controversy, the claimant must state number (if any) of the person filing the (650) 604–5104; fax (650) 604–1592. each program category in which he or notice and it shall contain a list she has an interest that has not, by the identifying all the claimants that are NASA Case No. ARC–14254–1SB: end of the comment period, been parties to the joint Notice. In addition, Waterproofing of Low Density satisfied through a settlement if the joint Notice is filed by counsel or Aerogels; agreement. a representative of one or more of the NASA Case No. ARC–14418–1GE: En The Copyright Office must be advised claimants identified in the joint Notice, Route Spacing System and Method; of all Phase I and Phase II controversies the joint Notice shall contain a NASA Case No. ARC–14494–1GE: and the extent of those controversies by statement from such counsel or Characterization of Bioelectric the end of the comment period. We will representative certifying that, as of the Potentials. not consider any controversies that date of submission of the joint Notice, Dated: September 13, 2000. come to our attention after the close of such counsel or representative has the that period. Edward A. Frankle, authority and consent of the claimants General Counsel. 2. Notice of Intention To Participate to represent them in the CARP [FR Doc. 00–24138 Filed 9–19–00; 8:45 am] proceeding. Those parties who have not settled BILLING CODE 7510±01±P their claims to the 1996–1998 satellite 3. Motion of Phase I Claimants for royalty funds and who wish to Partial Distribution participate in a CARP proceeding, either at Phase I or Phase II, to resolve the A claimant who is not a party to the NATIONAL SCIENCE FOUNDATION distribution must file a Notice of Intent motion, but who files a Notice of to Participate. Notices of Intent to Intention to Participate, may file a Sunshine Act Meeting Participate are due no later than October response to the motion no later than the 10, 2000. Failure to file a timely Notice due date set forth in this Notice for AGENCY HOLDING MEETING: National of Intent to Participate may preclude a comments on the existence of Science Foundation, National Science claimant or claimants from participating controversies and the Notice of Intent to Board Executive Committee. in a CARP proceeding. Participate. The Motion of Phase I DATE AND TIME: Section 251.45(a) of the rules, 37 September 27, 2000, 2 Claimants for Partial Distribution is C.F.R, requires that a Notice of Intent to p.m.–3:30 p.m. Closed Session. available for copying in the Office of the Participate must be filed in order to PLACE: The National Science participate in a CARP proceeding, but it General Counsel and may be found on Foundation, 4201 Wilson Boulevard, does not prescribe the contents of the the Copyright Office website at http:// Room 1205, Arlington, VA 22230. Notice. Recently, in another proceeding, www.loc.gov./copyright/carp/ satellitepetition.pdf. STATUS: This meeting will be closed to the Library has been forced to address the public. the issue of what constitutes a sufficient Dated: September 18, 2000. MATTERS TO BE CONSIDERED: Closed Notice and to whom it is applicable. See David O. Carson, Orders in Docket No. 2002–2 CARP CD Session (2 p.m. to 3:30 p.m.) General Counsel. 93–97 (June 22, 2000, and August 1, NSF FY 2002 Budget [FR Doc. 00–24305 Filed 9–19–00; 8:45 am] 2000); see also 65 FR 54077 (September NSF/OIG FY 2002 Budget 6, 2000). These rulings will result in a BILLING CODE 1410±33±M future amendment to § 251.45(a) to Marta Cehelsky, specify the content of a properly filed Executive Officer. Notice. In the meantime, the Office [FR Doc. 00–24326 Filed 9–18–00; 3:40 pm] advises those parties filing Notices of BILLING CODE 7555±01±M
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NUCLEAR REGULATORY discretion on September 8, 2000, as an increase in the number of challenges COMMISSION documented in the staff’s letter dated imposed on, safety-related equipment September 11, 2000, in that the staff will assumed to function during an accident [Docket No. 50±483] situation. There will be no change to normal not enforce compliance with the action plant operating parameters or accident Union Electric Company; Notice of statements of SR 3.5.2.5 because of the mitigation performance. Consideration of Issuance of failure to test the automatic closure The proposed request will not alter any Amendment to Facility Operating function of Valve BNHV8812A as assumptions or change any mitigation actions License, Proposed No Significant required by the SR. This enforcement in the radiological consequence evaluations Hazards Consideration Determination, discretion will expire when either (1) in the FSAR. Therefore, the proposed change does not and Opportunity for a Hearing the automatic closure function of Valve BNHV8812A is tested at the next plant involve a significant increase in the probability or consequences of an accident The U.S. Nuclear Regulatory shutdown to Mode 5 or, (2) the exigent Commission (the Commission) is previously evaluated. amendment request is acted upon. 2. The proposed amendment does not considering issuance of an amendment The exigent amendment request is in create the possibility of a new or different to Facility Operating License No. NPF– support of the granted enforcement kind of accident from any previously 30 issued to Union Electric Company discretion and would allow the licensee evaluated. (the licensee) for operation of the to defer testing of the automatic closure There are no hardware changes nor are Callaway Plant, Unit 1 (Callaway) function of the valve until the first there any changes in the method by which located in Callaway County, Missouri. proper plant conditions exist to test the any safety-related plant system performs its safety function. This request will not affect The proposed amendment request valve. The testing would be at the first would revise the technical the normal method of plant operation. No shutdown to MODE 5 occurring after performance requirements will be affected. specifications (TS) to annotate the September 8, 2000, but no later than No new accident scenarios, transient frequency for Surveillance Requirement June 1, 2001. Callaway is scheduled to precursors, failure mechanisms, or limiting (SR) 3.5.2.5 that verification of the have a refueling outage in Spring 2001. single failures are introduced as a result of automatic closure function of the Before issuance of the proposed this request. There will be no adverse effect residual heat removal (RHR) pump license amendment, the Commission or challenges imposed on any safety-related suction Valve BNHV8812A shall be will have made findings required by the system as a result of this request. This request does not alter the design or performed prior to startup from the first Atomic Energy Act of 1954, as amended shutdown to MODE 5 occurring after performance of the 7300 Process Protection (the Act) and the Commission’s System, Nuclear Instrumentation System, or September 8, 2000, but no later than regulations. Solid State Protection System used in the June 1, 2001. Pursuant to 10 CFR 50.91(a)(6) for plant protection systems. In the application for the exigent amendments to be granted under Therefore, the proposed request does not amendment, the licensee stated that SR exigent circumstances, the NRC staff create the possibility of a new or different 3.5.2.5 requires that on an 18-month must determine that the amendment kind of accident from any previously frequency each ECCS automatic valve in request involves no significant hazards evaluated. the flow path that is not locked, sealed, 3. The proposed amendment does not consideration. Under the Commission’s involve a significant reduction in a margin of or otherwise secured in position, be regulations in 10 CFR 50.92, this means tested to show that it will actuate to its safety. that operation of the facility in There will be no effect on the manner in correct position on an actual or accordance with the proposed which safety limits or limiting safety system simulated actuation signal. However, it amendment would not (1) involve a settings are determined nor will there be any was not previously recognized by the significant increase in the probability or effect on those plant systems necessary to licensee that the surveillance should consequences of an accident previously assure the accomplishment of protection functions. There will be no impact on the include subsequent valve actuations evaluated; or (2) create the possibility of that are dependent on separate valves’ overpower limit, departure from nucleate a new or different kind of accident from boiling ratio (DNBR) limits, heat flux hot position switch interlocks. Since Valve any accident previously evaluated; or BNHV8812A does not actuate via a channel factor (FQ), nuclear enthalpy rise hot (3) involve a significant reduction in a ∆ slave relay(s), it was not recognized by channel factor (F H), loss of coolant accident margin of safety. As required by 10 CFR peak cladding temperature (LOCA PCT), peak the licensee as being covered by this 50.91(a), the licensee has provided its local power density, or any other margin of surveillance requirement. Therefore, the analysis of the issue of no significant safety. The radiological dose consequence automatic closure of Valve BNHV8812A hazards consideration, which is acceptance criteria listed in the Standard was not included in the plant’s presented below: Review Plan will continue to be met. technical specification surveillance Therefore, the proposed request does not procedures. However, the automatic 1. The proposed amendment does not involve a significant reduction in any margin closure function of the valve has been involve a significant increase in the of safety. previously tested, but not within the 18- probability or consequences of an accident The NRC staff has reviewed the previously evaluated. month interval required by SR 3.5.2.5. Overall protection system performance will licensee’s analysis and, based on this Since the valve should not be tested remain within the bounds of the previously review, it appears that the three during power operation, the licensee performed accident analyses since there are standards of 10 CFR 50.92(c) are requested that the NRC exercise no hardware changes. The Reactor Trip satisfied. Therefore, the NRC staff discretion not to enforce compliance System (RTS) and Engineered Safety Feature proposes to determine that the with Technical Specification 3.5.2, in Actuation System (ESFAS) instrumentation amendment request involves no that SR 3.5.2.5 has not been currently will be unaffected. These protection systems significant hazards consideration. performed for the automatic closure will continue to function in a manner The Commission is seeking public function of Valve BNHV8812A within consistent with the plant design basis. All comments on this proposed design, material, and construction standards the specified 18-month surveillance that were applicable prior to the request are determination. Any comments received interval, and that plant operation be maintained. within 14 days after the date of allowed to continue until the proper The proposed request will not affect the publication of this notice will be plant conditions exist to test the valve. probability of any event initiators. There will considered in making any final The licensee was granted enforcement be no degradation in the performance of, or determination.
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Normally, the Commission will not of the Atomic Safety and Licensing contention will not be permitted to issue the amendment until the Board Panel, will rule on the request participate as a party. expiration of the 14-day notice period. and/or petition; and the Secretary or the Those permitted to intervene become However, should circumstances change designated Atomic Safety and Licensing parties to the proceeding, subject to any during the notice period, such that Board will issue a notice of hearing or limitations in the order granting leave to failure to act in a timely way would an appropriate order. intervene, and have the opportunity to result, for example, in derating or As required by 10 CFR 2.714, a participate fully in the conduct of the shutdown of the facility, the petition for leave to intervene shall set hearing, including the opportunity to Commission may issue the license forth with particularity the interest of present evidence and cross-examine amendment before the expiration of the the petitioner in the proceeding, and witnesses. 14-day notice period, provided that its how that interest may be affected by the If the amendment is issued before the final determination is that the results of the proceeding. The petition expiration of the 30-day hearing period, amendment involves no significant should specifically explain the reasons the Commission will make a final hazards consideration. The final why intervention should be permitted determination on the issue of no determination will consider all public with particular reference to the significant hazards consideration. If a and State comments received. Should following factors: (1) the nature of the hearing is requested, the final the Commission take this action, it will petitioner’s right under the Act to be determination will serve to decide when publish in the Federal Register a notice made a party to the proceeding; (2) the the hearing is held. of issuance. The Commission expects nature and extent of the petitioner’s If the final determination is that the that the need to take this action will property, financial, or other interest in amendment request involves no occur very infrequently. the proceeding; and (3) the possible significant hazards consideration, the Written comments may be submitted effect of any order which may be Commission may issue the amendment by mail to the Chief, Rules and entered in the proceeding on the and make it immediately effective, Directives Branch, Division of petitioner’s interest. The petition should notwithstanding the request for a Administrative Services, Office of also identify the specific aspect(s) of the hearing. Any hearing held would take Administration, U.S. Nuclear Regulatory subject matter of the proceeding as to place after issuance of the amendment. Commission, Washington, DC 20555– which petitioner wishes to intervene. If the final determination is that the 0001, and should cite the publication Any person who has filed a petition for amendment request involves a date and page number of this Federal leave to intervene or who has been significant hazards consideration, any Register notice. Written comments may admitted as a party may amend the hearing held would take place before also be delivered to Room 6D59, Two petition without requesting leave of the the issuance of any amendment. White Flint North, 11545 Rockville Board up to 15 days prior to the first A request for a hearing or a petition Pike, Rockville, Maryland, from 7:30 prehearing conference scheduled in the for leave to intervene must be filed with a.m. to 4:15 p.m. Federal workdays. proceeding, but such an amended the Secretary of the Commission, U.S. Copies of written comments received petition must satisfy the specificity Nuclear Regulatory Commission, may be examined at the NRC Public requirements described above. Washington, DC 20555–0001, Attention: Document Room, the Gelman Building, Not later than 15 days prior to the first Rulemakings and Adjudications Staff, or 2120 L Street, NW., Washington, DC. prehearing conference scheduled in the may be delivered to the Commission’s The filing of requests for hearing and proceeding, a petitioner shall file a Public Document Room, the Gelman petitions for leave to intervene is supplement to the petition to intervene Building, 2120 L Street, NW., discussed below. which must include a list of the Washington, DC, by the above date. A By October 20, 2000, the licensee may contentions which are sought to be copy of the petition should also be sent file a request for a hearing with respect litigated in the matter. Each contention to the Office of the General Counsel, to issuance of the amendment to the must consist of a specific statement of U.S. Nuclear Regulatory Commission, subject facility operating license and the issue of law or fact to be raised or Washington, DC 20555–0001, and to any person whose interest may be controverted. In addition, the petitioner John O’Neill, Esq., Shaw, Pittman, Potts affected by this proceeding and who shall provide a brief explanation of the and Trowbridge, 2300 N Street, N.W., wishes to participate as a party in the bases of the contention and a concise Washington, D.C. 20037, attorney for the proceeding must file a written request statement of the alleged facts or expert licensee. for a hearing and a petition for leave to opinion which support the contention Nontimely filings of petitions for intervene. Requests for a hearing and a and on which the petitioner intends to leave to intervene, amended petitions, petition for leave to intervene shall be rely in proving the contention at the supplemental petitions and/or requests filed in accordance with the hearing. The petitioner must also for hearing will not be entertained Commission’s ‘‘Rules of Practice for provide references to those specific absent a determination by the Domestic Licensing Proceedings’’ in 10 sources and documents of which the Commission, the presiding officer or the CFR Part 2. Interested persons should petitioner is aware and on which the presiding Atomic Safety and Licensing consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish Board that the petition and/or request which is available at the Commission’s those facts or expert opinion. Petitioner should be granted based upon a Public Document Room, the Gelman must provide sufficient information to balancing of the factors specified in 10 Building, 2120 L Street, NW., show that a genuine dispute exists with CFR 2.714(a)(1)(i)–(v) and 2.714(d). Washington, DC, and accessible the applicant on a material issue of law For further details with respect to this electronically through the ADAMS or fact. Contentions shall be limited to action, see the application for Public Electronic Reading Room link at matters within the scope of the amendment dated September 8, 2000, the NRC Web site (http://www.nrc.gov). amendment under consideration. The which is available for public inspection If a request for a hearing or petition for contention must be one which, if at the Commission’s Public Document leave to intervene is filed by the above proven, would entitle the petitioner to Room, the Gelman Building, 2120 L date, the Commission or an Atomic relief. A petitioner who fails to file such Street, NW., Washington, DC, and Safety and Licensing Board, designated a supplement which satisfies these accessible electronically through the by the Commission or by the Chairman requirements with respect to at least one ADAMS Public Electronic Reading
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Room link at the NRC Web site (http:/ recommendations for consideration by Energy Act (42 U.S.C. 2039, 2232b), the /www.nrc.gov). the full Committee. Advisory Committee on Reactor Dated at Rockville, Maryland, this 14th day The purpose of this meeting is to Safeguards will hold a meeting on of September 2000. gather information, analyze relevant October 5–7, 2000, in Conference Room For the Nuclear Regulatory Commission. issues and facts, and to formulate T–2B3, 11545 Rockville Pike, Rockville, Girija S. Shukla, proposed positions and actions, as Maryland. The date of this meeting was Project Manager, Section 2, Project appropriate, for deliberation by the full previously published in the Federal Directorate IV and Decommissioning Division Committee. Register on Thursday, October 14, 1999 of Licensing Project Management Office of Oral statements may be presented by (64 FR 55787). members of the public with the Nuclear Reactor Regulation. Thursday, October 5, 2000 [FR Doc. 00–24162 Filed 9–19–00; 8:45 am] concurrence of the Subcommittee 8:30 A.M.–8:45 A.M.: Opening BILLING CODE 7590±01±P Chairman; written statements will be accepted and made available to the Remarks by the ACRS Chairman Committee. Electronic recordings will (Open)—The ACRS Chairman will make NUCLEAR REGULATORY be permitted only during those portions opening remarks regarding the conduct COMMISSION of the meeting that are open to the of the meeting. public, and questions may be asked only 8:45 A.M.–10:00 A.M.: Discussion of Advisory Committee on Reactor by members of the Ad Hoc Union of Concerned Scientists Report, Safeguards, Meeting of the Ad Hoc Subcommittee, its consultants, and staff. ‘‘Nuclear Plant Risk Studies: Failing the Subcommittee; Notice of Meeting Persons desiring to make oral statements Grade’’ (Open)—The Committee will should notify the cognizant ACRS staff hear presentations by and hold The Ad Hoc Subcommittee will hold engineers named below five days prior discussions with representatives of the a meeting on October 10–13, 2000, to the meeting, if possible, so that Union of Concerned Scientists (UCS), Room T–2B3, 11545 Rockville Pike, appropriate arrangements can be made. the NRC staff, and other interested Rockville, Maryland. During the initial portion of the parties concerning the August 2000 UCS The entire meeting will be open to meeting, the Ad Hoc Subcommittee, report on nuclear plant risk studies. public attendance. along with any of its consultants who 10:15 A.M.–11:30 A.M.: NEI 00–02, The agenda for the subject meeting may be present, may exchange ‘‘Industry PRA Peer Review Process shall be as follows: preliminary views regarding matters to Guidelines’’ (Open)—The Committee be considered during the balance of the will hear presentations by and hold Tuesday, October 10, 2000—1:00 p.m. meeting. discussions with representatives of the until the conclusion of business The Ad Hoc Subcommittee will then Nuclear Energy Institute (NEI) and the hear presentations by and hold NRC staff regarding the proposed The Ad Hoc Subcommittee will discussions with the DPO author, industry PRA certification guidelines discuss its approach for reviewing the representatives of the NRC staff, and described in the document NEI 00–02. technical merits of the Differing other interested persons regarding this 11:30 A.M.–12:30 P.M.: Staff Views on Professional Opinion (DPO) issues review. ASME Standard for PRA for Nuclear associated with steam generator tube Further information regarding topics Power Plant Applications (Open)—The integrity, and developing comments and to be discussed, whether the meeting Committee will hear presentations by recommendations for consideration by has been canceled or rescheduled, and and hold discussions with the full Committee. the Chairman’s ruling on requests for representatives of the NRC staff Wednesday, October 11, 2000—8:30 the opportunity to present oral regarding the staff’s August 14, 2000 a.m. until the conclusion of business statements and the time allotted therefor response to the American Society of can be obtained by contacting either Mr. Mechanical Engineers (ASME) draft The Ad Hoc Subcommittee will hear Sam Duraiswamy (telephone 301–415– Revision 12 ASME Standard for presentations by and hold discussions 7364) or Ms. Undine Shoop (telephone Probabilistic Risk Assessment for with the DPO author and other 301–415–8086) between 7:30 a.m. and Nuclear Power Plant Applications. interested persons regarding the DPO 4:15 p.m. (EDT). Persons planning to 1:30 P.M.–3:00 P.M.: Pressurized issues, views on the adequacy of the attend this meeting are urged to contact Thermal Shock Technical Bases staff’s approach for resolving these the above named individuals one or two Reevaluation Project (Open)—The issues, and remaining major issues of working days prior to the meeting to be Committee will hear presentations by contention. advised of any potential changes to the and hold discussions with Thursday, October 12, 2000—8:30 a.m. agenda, etc., that may have occurred. representatives of the NRC staff until the conclusion of business Dated: September 12, 2000. regarding the pressurized thermal shock technical bases reevaluation project. The Ad Hoc Subcommittee will hear James E. Lyons, 3:30 P.M.–4:30 P.M.: Break and presentations by and hold discussions Associate Director for Technical Support, Preparation of Draft ACRS Reports with representatives of the NRC staff ACRS/ACNW. (Open)—Cognizant ACRS members will and other interested persons regarding [FR Doc. 00–24159 Filed 9–19–00; 8:45 am] prepare draft reports, as needed, for the status of resolution of the DPO BILLING CODE 7590±01±P consideration by the full Committee. issues and related matters. 4:30 P.M.–6:00 P.M.: Discussion of Proposed ACRS Reports (Open)—The Friday, October 13, 2000—8:30 a.m. NUCLEAR REGULATORY until the conclusion of business Committee will discuss proposed ACRS COMMISSION reports on matters considered during The Ad Hoc Subcommittee will Advisory Committee on Reactor this meeting. continue its discussion of the DPO Safeguards; Meeting Notice 6:00 P.M.–7:00 P.M.: Discussion of issues with the staff and the DPO Topics for Meeting with the NRC author, as needed, and will develop In accordance with the purposes of Commissioners (Open)—The Committee proposed comments and Sections 29 and 182b. of the Atomic will discuss issues associated with risk
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(Open)—The ACRS Chairman will make ACRS meeting agenda, meeting opening remarks regarding the conduct Saturday, October 7, 2000 transcripts, and letter reports are of the meeting. 8:30 A.M.–8:35 A.M.: Opening available for downloading or viewing on 8:35 A.M.–9:15 A.M.: Discussion of Remarks by the ACRS Chairman the internet at http://www.nrc.gov/ Topics for Meeting with the NRC (Open)—The ACRS Chairman will make ACRSACNW. Commissioners (Open)—The Committee opening remarks regarding the conduct Videoteleconferencing service is will discuss matters scheduled for the of the meeting. available for observing open sessions of meeting with the NRC Commissioners 8:35 A.M.–12:30 P.M.: Discussion of ACRS meetings. Those wishing to use associated with risk informing 10 CFR Proposed ACRS Reports (Open)—The this service for observing ACRS 50 and related matters. Committee will continue its discussion meetings should contact Mr. Theron 9:30 A.M.–12:00 Noon: Meeting with of proposed ACRS reports. Brown, ACRS Audio Visual Technician the NRC Commissioners (Open)—The 12:30 P.M.–1 P.M.: Annual Report to (301–415–8066), between 7:30 a.m. and Committee will meet with the NRC the Commission on the NRC Safety 3:45 p.m., EDT, at least 10 days before Commissioners, Commissioners’ Research Program (Open)—The the meeting to ensure the availability of Conference Room, One White Flint Committee will discuss the format and this service. Individuals or North to discuss risk informing 10 CFR content of the annual ACRS report to organizations requesting this service 50 and related matters. the Commission on the NRC Safety will be responsible for telephone line 1:30 P.M.–3:00 P.M.: Discussion of Research Program. charges and for providing the Industry Issues (Open)—The Committee 1 P.M.–1:30 P.M.: Miscellaneous equipment facilities that they use to will hear a presentation by R. Beedle, (Open)—The Committee will discuss establish the videoteleconferencing link. Senior Vice President, NEI on issues of matters related to the conduct of The availability of mutual interest. Committee activities and matters and videoteleconferencing services is not 3:15 P.M.–4:45 P.M.: GSI–168, specific issues that were not completed guaranteed. Equipment Qualification (Open)—The during previous meetings, as time and Dated: September 14, 2000. Committee will hear presentations by availability of information permit. Andrew L. Bates, and hold discussions with Procedures for the conduct of and Advisory Committee Management Officer. representatives of the NRC staff participation in ACRS meetings were [FR Doc. 00–24160 Filed 9–19–00; 8:45 am] regarding the GSI–168, Equipment published in the Federal Register on BILLING CODE 7590±01±P Qualification. September 28, 1999 (64 FR 52353). In 4:45 P.M.–5:30 P.M.: ACRS Review of accordance with these procedures, oral Generic Guidance Documents or written views may be presented by NUCLEAR REGULATORY Associated with License Renewal members of the public, including COMMISSION (Open)—The Committee will discuss representatives of the nuclear industry. concerns identified during their initial Electronic recordings will be permitted Biweekly Notice; Applications and review of the draft guidance documents. only during the open portions of the Amendments to Facility Operating 5:30 P.M.–5:50 P.M.: Future ACRS meeting and questions may be asked Licenses Involving No Significant Activities/Report of the Planning and only by members of the Committee, its Hazards Considerations Procedures Subcommittee (Open)—The consultants, and staff. Persons desiring Committee will discuss the to make oral statements should notify I. Background recommendations of the Planning and Mr. James E. Lyons, ACRS, five days Pursuant to Public Law 97–415, the Procedures Subcommittee regarding before the meeting, if possible, so that U.S. Nuclear Regulatory Commission items proposed for consideration by the appropriate arrangements can be made (the Commission or NRC staff) is full Committee during future meetings. to allow necessary time during the publishing this regular biweekly notice. Also, it will hear a report of the meeting for such statements. Use of still, Public Law 97–415 revised section 189 Planning and Procedures Subcommittee motion picture, and television cameras of the Atomic Energy Act of 1954, as on matters related to the conduct of during the meeting may be limited to amended (the Act), to require the ACRS business, and organizational and selected portions of the meeting as Commission to publish notice of any personnel matters relating to the ACRS. determined by the Chairman. amendments issued, or proposed to be 5:50 P.M.–6:00 P.M.: Reconciliation of Information regarding the time to be set issued, under a new provision of section ACRS Comments and aside for this purpose may be obtained 189 of the Act. This provision grants the Recommendations (Open)—The by contacting Mr. James E. Lyons prior Commission the authority to issue and Committee will discuss the responses to the meeting. In view of the possibility make immediately effective any from the NRC Executive Director for that the schedule for ACRS meetings amendment to an operating license Operations (EDO) to comments and may be adjusted by the Chairman as upon a determination by the recommendations included in recent necessary to facilitate the conduct of the Commission that such amendment ACRS reports and letters. The EDO meeting, persons planning to attend involves no significant hazards responses are expected to be made should check with Mr. James E. Lyons consideration, notwithstanding the available to the Committee prior to the if such rescheduling would result in pendency before the Commission of a meeting. major inconvenience. request for a hearing from any person.
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This biweekly notice includes all notice. Written comments may also be made a party to the proceeding; (2) the notices of amendments issued, or delivered to Room 6D22, Two White nature and extent of the petitioner’s proposed to be issued from August 28, Flint North, 11545 Rockville Pike, property, financial, or other interest in 2000, through September 8, 2000. The Rockville, Maryland from 7:30 a.m. to the proceeding; and (3) the possible last biweekly notice was published on 4:15 p.m. Federal workdays. Copies of effect of any order which may be September 6, 2000 (65 FR 54083). written comments received may be entered in the proceeding on the examined at the NRC’s Public Document Notice of Consideration of Issuance of petitioner’s interest. The petition should Room, the Gelman Building, 2120 L Amendments to Facility Operating also identify the specific aspect(s) of the Street, NW., Washington, DC through Licenses, Proposed No Significant subject matter of the proceeding as to September 22, 2000. The NRC is Hazards Consideration Determination, which petitioner wishes to intervene. relocating its Public Document Room to and Opportunity for a Hearing Any person who has filed a petition for the NRC’s headquarters building. leave to intervene or who has been The Commission has made a Effective September 26, 2000, admitted as a party may amend the proposed determination that the documents may be examined at the petition without requesting leave of the following amendment requests involve NRC’s Public Document Room, located Board up to 15 days prior to the first no significant hazards consideration. at One White Flint North, 11555 prehearing conference scheduled in the Under the Commission’s regulations in Rockville Pike (first floor), Rockville, proceeding, but such an amended 10 CFR 50.92, this means that operation Maryland 20852. The filing of requests petition must satisfy the specificity of the facility in accordance with the for a hearing and petitions for leave to requirements described above. proposed amendment would not (1) intervene is discussed below. Not later than 15 days prior to the first involve a significant increase in the By October 20, 2000, the licensee may prehearing conference scheduled in the probability or consequences of an file a request for a hearing with respect proceeding, a petitioner shall file a accident previously evaluated; or (2) to issuance of the amendment to the supplement to the petition to intervene create the possibility of a new or subject facility operating license and which must include a list of the different kind of accident from any any person whose interest may be contentions which are sought to be accident previously evaluated; or (3) affected by this proceeding and who litigated in the matter. Each contention involve a significant reduction in a wishes to participate as a party in the must consist of a specific statement of margin of safety. The basis for this proceeding must file a written request the issue of law or fact to be raised or proposed determination for each for a hearing and a petition for leave to controverted. In addition, the petitioner amendment request is shown below. intervene. Requests for a hearing and a shall provide a brief explanation of the The Commission is seeking public petition for leave to intervene shall be comments on this proposed bases of the contention and a concise filed in accordance with the statement of the alleged facts or expert determination. Any comments received Commission’s ‘‘Rules of Practice for opinion which support the contention within 30 days after the date of Domestic Licensing Proceedings’’ in 10 and on which the petitioner intends to publication of this notice will be CFR Part 2. Interested persons should rely in proving the contention at the considered in making any final consult a current copy of 10 CFR 2.714 hearing. The petitioner must also determination. which is available at the Commission’s provide references to those specific Normally, the Commission will not Public Document Room, the Gelman sources and documents of which the issue the amendment until the Building, 2120 L Street, NW., petitioner is aware and on which the expiration of the 30-day notice period. Washington, DC through September 22, petitioner intends to rely to establish However, should circumstances change 2000 or at One White Flint North, 11555 those facts or expert opinion. Petitioner during the notice period such that Rockville Pike (first floor), Rockville, failure to act in a timely way would Maryland 20852 effective September 26, must provide sufficient information to result, for example, in derating or 2000, and electronically from the show that a genuine dispute exists with shutdown of the facility, the ADAMS Public Library component on the applicant on a material issue of law Commission may issue the license the NRC Web site, http://www.nrc.gov or fact. Contentions shall be limited to amendment before the expiration of the (the Electronic Reading Room). If a matters within the scope of the 30-day notice period, provided that its request for a hearing or petition for amendment under consideration. The final determination is that the leave to intervene is filed by the above contention must be one which, if amendment involves no significant date, the Commission or an Atomic proven, would entitle the petitioner to hazards consideration. The final Safety and Licensing Board, designated relief. A petitioner who fails to file such determination will consider all public by the Commission or by the Chairman a supplement which satisfies these and State comments received before of the Atomic Safety and Licensing requirements with respect to at least one action is taken. Should the Commission Board Panel, will rule on the request contention will not be permitted to take this action, it will publish in the and/or petition; and the Secretary or the participate as a party. Federal Register a notice of issuance designated Atomic Safety and Licensing Those permitted to intervene become and provide for opportunity for a Board will issue a notice of a hearing or parties to the proceeding, subject to any hearing after issuance. The Commission an appropriate order. limitations in the order granting leave to expects that the need to take this action As required by 10 CFR 2.714, a intervene, and have the opportunity to will occur very infrequently. petition for leave to intervene shall set participate fully in the conduct of the Written comments may be submitted forth with particularity the interest of hearing, including the opportunity to by mail to the Chief, Rules Review and the petitioner in the proceeding, and present evidence and cross-examine Directives Branch, Division of Freedom how that interest may be affected by the witnesses. of Information and Publications results of the proceeding. The petition If a hearing is requested, the Services, Office of Administration, U.S. should specifically explain the reasons Commission will make a final Nuclear Regulatory Commission, why intervention should be permitted determination on the issue of no Washington, DC 20555–0001, and with particular reference to the significant hazards consideration. The should cite the publication date and following factors: (1) The nature of the final determination will serve to decide page number of this Federal Register petitioner’s right under the Act to be when the hearing is held.
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If the final determination is that the The operability requirements for the DC a new or different kind of accident from any amendment request involves no sources, during shutdown conditions, accident previously evaluated. significant hazards consideration, the would be revised to require one of the Revising the operability requirements of TS Commission may issue the amendment 3.8.5 does not involve physical modification unit’s DC electrical power subsystems to to the plant and does not introduce a new and make it immediately effective, be operable when in Modes 4 and 5 and mode of operation. Therefore, there is no notwithstanding the request for a during movement of irradiated fuel possibility of an accident of a new or hearing. Any hearing held would take assemblies in the secondary different type. place after issuance of the amendment. containment. 3. Revising the operability requirements for If the final determination is that the Basis for proposed no significant the DC sources, during shutdown conditions, amendment request involves a hazards consideration determination: to require one of the unit’s DC electrical significant hazards consideration, any As required by 10 CFR 50.91(a), the power subsystem to be operable when in hearing held would take place before Modes 4 and 5 and during movement of licensee has provided its analysis of the irradiated fuel assemblies in the secondary the issuance of any amendment. issue of no significant hazards containment does not involve a significant A request for a hearing or a petition consideration, which is presented reduction in a margin of safety. for leave to intervene must be filed with below: The proposed change revises LCO the Secretary of the Commission, U.S. In support of this determination, an [Limiting Condition for Operation] 3.8.5 to Nuclear Regulatory Commission, evaluation of each of the three (3) standards require one of the unit’s DC electrical power Washington, DC 20555–0001, Attention: set forth in 10 CFR 50.92 is provided below. subsystems to be operable when the unit is Docketing and Services Branch, or may 1. Revising the operability requirements for in Modes 4 and 5 and during movement of be delivered to the Commission’s Public the DC sources, during shutdown conditions, irradiated fuel assemblies in the secondary Document Room, the Gelman Building, to require one of the unit’s DC electrical containment. This is acceptable due to the lower energy levels involved with potential power subsystem to be operable when in 2120 L Street, NW., Washington DC accidents occurring during shutdown modes Modes 4 and 5 and during movement of through September 22, 2000 or at One and because assuming a single failure irradiated fuel assemblies in the secondary White Flint North, 11555 Rockville Pike concurrent with a loss of all offsite or all containment does not involve a significant (first floor), Rockville, Maryland 20852 onsite power during such events is not increase in the probability or consequences required. This is consistent with the TS effective September 26, 2000, by the of an accident previously evaluated. requirements, as they existed prior to above date. A copy of the petition The operability of the DC electrical power conversion to ITS and TSTF–204, Revision 3 should also be sent to the Office of the sources during Modes 4 and 5 and during which was approved by the NRC on February General Counsel, U.S. Nuclear movement of irradiated fuel assemblies in the 16, 2000. The operability requirements of the Regulatory Commission, Washington, secondary containment ensures that: DC electrical power sources for a unit in DC 20555–0001, and to the attorney for a. The facility can be maintained in the Modes 1, 2, and 3 are not affected by the the licensee. shutdown or refueling condition for extended proposed amendments. Nontimely filings of petitions for periods; Based on the above, the proposed leave to intervene, amended petitions, b. Sufficient instrumentation and control amendments do not involve a significant capability is available for monitoring and reduction in a margin of safety. supplemental petitions and/or requests maintaining the unit status; and for a hearing will not be entertained c. Adequate DC electrical power is The NRC staff has reviewed the absent a determination by the provided to mitigate events postulated during licensee’s analysis and, based on this Commission, the presiding officer or the shutdown, such as an inadvertent draindown review, it appears that the three Atomic Safety and Licensing Board that of the vessel or a fuel handling accident. standards of 10 CFR 50.92(c) are the petition and/or request should be As stated in TSTF–204, Revision 3, worst satisfied. Therefore, the NRC staff granted based upon a balancing of case design basis accidents which are proposes to determine that the analyzed for operating modes are not as factors specified in 10 CFR amendment request involves no 2.714(a)(1)(i)–(v) and 2.714(d). significant of a concern during shutdown modes due to lower energy levels. The TSs, significant hazards consideration. For further details with respect to this therefore, require a lesser complement of Attorney for licensee: William D. action, see the application for electrical equipment to be available during Johnson, Vice President and Corporate amendment which is available for shutdown than is required during operating Secretary, Carolina Power & Light public inspection at the Commission’s modes. Specifically, assuming a single failure Company, Post Office Box 1551, Public Document Room, the Gelman concurrent with a loss of all offsite or all Raleigh, North Carolina 27602. Building, 2120 L Street, NW., onsite power is not required. This concept is NRC Section Chief: Richard P. Washington, DC through September 22, consistent with the BSEP TSs, prior to Correia. 2000 or at One White Flint North, 11555 conversion to ITS [Improved TS], in that TS Rockville Pike (first floor), Rockville, 3.8.2.4.2 required either Division I or Consolidated Edison Company of New Division II of the DC power distribution York, Docket No. 50–247, Indian Point Maryland 20852 effective September 26, system to be operable when in Modes 4 and 2000, and electronically from the Nuclear Generating Unit No. 2, 5 and during movement of irradiated fuel Westchester County, New York ADAMS Public Library component on assemblies in the secondary containment. the NRC Web site, http://www.nrc.gov The operability requirements of the DC Date of amendment request: August (the Electronic Reading Room). electrical power sources for a unit in Modes 22, 2000. 1, 2, and 3 are not affected by the proposed Description of amendment request: Carolina Power & Light Company, et al., amendments. The proposed amendment would Docket Nos. 50–325 and 50-324, Therefore, the proposed amendments do change: (1) Technical Specification (TS) Brunswick Steam Electric Plant, Units 1 not involve a significant increase in the 3.10.4, ‘‘Rod Insertion Limits,’’ to allow and 2, Brunswick County, North probability or consequences of an accident on-line calibration of the rod position Carolina previously evaluated. indicator (RPI) channels during 2. Revising the operability requirements for Date of amendments request: July 27, the DC sources, during shutdown conditions, operating cycle 15, and (2) TS 3.10.6, 2000. to require one of the unit’s DC electrical ‘‘Inoperable Rod Position Indicator Description of amendments request: power subsystem to be operable when in Channels,’’ to allow extended RPI The proposed license amendments Modes 4 and 5 and during movement of deviation limits during cycle 15. would revise Technical Specification irradiated fuel assemblies in the secondary Basis for proposed no significant (TS) 3.8.5, ‘‘DC Sources—Shutdown.’’ containment will not create the possibility of hazards consideration determination:
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As required by 10 CFR 50.91(a), the Description of amendment request: The proposed change does not involve any licensee has provided its analysis of the The proposed amendment would revise changes to the physical structures, issue of no significant hazards the date for implementation of the components, or systems of the Palisades consideration, which is presented Palisades Plant Improved Technical Plant. Since the change is administrative, there will be no impact on the process below: Specifications (ITS) from on or before variables, characteristics, or functional 1. Does the proposed license amendment October 31, 2000, to on or before performance of any structures, systems or involve a significant increase in the December 31, 2000. The current components in a manner that could create a probability or in the consequences of an implementation date was established by new failure mode. Further, the change will accident previously evaluated? previous Amendment No. 189, dated not introduce any new modes of plant No. Neither the probability not the November 30, 1999, in which the NRC operation or eliminate any actions required consequences of an accident previously staff stated that Amendment No. 189 to prevent or mitigate accidents. Thus, analyzed is increased due to the proposed was ‘‘effective as of its date of issuance operation in accordance with the proposed changes. All peaking factors will remain and shall be implemented on or before change will not create the possibility of a within the limits of the Technical new or different kind of accident from any Specifications. Both the shutdown margin October 31, 2000.’’ The proposed accident previously evaluated. and the axial flux difference will be amendment would change this date to (3) Involve a significant reduction in a maintained within the limits of the Technical December 31, 2000. margin of safety. Specifications. There will be no fuel damage Basis for proposed no significant Extension of the date for ITS due to the changes. All design and safety hazards consideration determination: implementation is an administrative change. criteria will be met. Therefore, the proposed As required by 10 CFR 50.91(a), the The proposed change does not involve any changes would not involve a significant licensee has provided its analysis of the hardware changes or physical alteration of increase in the probability or in the issue of no significant hazards the plant and the change will have no impact consequences of an accident previously consideration, which is presented on the design, design basis, or operation of evaluated. below: the plant. The change will not eliminate any 2. Does the proposed amendment create requirements, impose any new requirements, the possibility of a new or different kind of A discussion of these [10 CFR 50.92] or alter any physical parameters which could accident from any accident previously standards as they relate to this request reduce any margin of safety. The continued evaluated? follows to show that operation of the facility operation of Palisades in accordance with the No. The changes will not create the in accordance with the proposed change does previously approved Current Technical possibility of a new or different kind of not: Specifications assures the proposed change accident. The calibration will be performed (1) Involve a significant increase in the will not involve a significant reduction in a using plant procedures that have been probability or consequences of an accident margin of safety. reviewed and approved by Con Edison’s previously evaluated. Station Nuclear Safety Committee (SNSC). It The proposed change is administrative in The NRC staff has reviewed the has been shown that even with the new RPI nature in that it simply extends the date for licensee’s analysis and, based on this deviation bands and on-line calibration, all implementation of the Improved Technical review, it appears that the three power distribution limits will be met. Specifications (ITS) from October 31, 2000 to standards of 10 CFR 50.92(c) are Therefore, the proposed changes would not December 31, 2000. The proposed extension satisfied. Therefore, the NRC staff create the possibility of a new or different of the ITS implementation date is necessary in order to allow for additional Operations proposes to determine that the kind of accident from any accident amendment request involves no previously evaluated. shift crew training and readiness assessment, as well as a longer transition period of significant hazards consideration. 3. Does the proposed amendment involve operating the plant using the Current a significant reduction in a margin of safety? Attorney for licensee: Arunas T. Technical Specifications (CTS) and ITS in No. The proposed amendment does not Udrys, Esquire, Consumers Energy parallel. These actions are considered involve a significnat reduction in the margin Company, 212 West Michigan Avenue, essential to proper ITS implementation. Until Jackson, Michigan 49201. of safety. There will be no change in the ITS are implemented, the previously power distribution limits used in the design approved CTS will remain in effect and the NRC Section Chief: Claudia M. Craig. and safety analyses and the required unit will continue to be operated in shutdown margin will be maintained. It has Duke Energy Corporation, Docket Nos. accordance with the NRC approved CTS 50–269, 50–270, and 50–287, Oconee been shown that there is no fuel failure as a requirements. result of this change. Therefore, the proposed The proposed change is administrative in Nuclear Station, Units 1, 2, and 3, changes do not involve a significant nature, and does not involve any changes to Oconee County, South Carolina reduction in a margin of safety. the design or operation of the Palisades Plant Date of amendment request: July 18, The NRC staff has reviewed the which may affect the probability or 2000, supplemented by letter dated consequences of an accident previously licensee’s analysis and, based on this evaluated in the Updated Final Safety August 22, 2000. review, it appears that the three Analysis Report (UFSAR). Previously Description of amendment request: standards of 10 CFR 50.92(c) are evaluated accident precursors or initiators The proposed amendments would move satisfied. Therefore, the NRC staff are not affected and, as a result, the Technical Specifications Sections proposes to determine that the probability of accident initiation will remain 3.3.11, 3.3.12, and 3.3.13 (and the amendment request involves no as previously evaluated. There will be no corresponding Bases) that specify the significant hazards consideration. impact on the capability of any structures, Main Steam Line Break requirements by systems or components to perform their Attorney for licensee: Brent L. credited safety functions to prevent an renumbering them 3.3.25, 3.3.26, and Brandenburg, Esq., 4 Irving Place, New accident or mitigate the consequences of an 3.3.27 and indicating that these York, New York 10003. accident previously evaluated. Therefore, the requirements will remain in effect for NRC Section Chief: Marsha probability or consequences of a postulated each unit until after the Automatic Gamberoni. accident previously evaluated in the UFSAR Feedwater Isolation System (AFIS) is are not increased as a result of the proposed installed on the unit. In addition, the Consumers Energy Company, Docket change. proposed amendments would No. 50–255, Palisades Plant, Van Buren (2) Create the possibility of a new or incorporate requirements and Bases for County, Michigan different kind of accident from any accident previously evaluated. a new AFIS that will become effective Date of amendment request: August Extension of the date for ITS when the modification is installed on 28, 2000. implementation is an administrative change. each unit. These requirements will
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56950 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices become Sections 3.3.11, 3.3.12, and No. The proposed change does not Specification] 3.3.3.1, Table 3.3–6 upon 3.3.13. adversely affect any plant safety limits, receipt of a high radiation signal when in setpoints, or design parameters. The change operation in Modes 5 and 6. Since the Basis for proposed no significant also does not adversely affect the fuel, fuel containment purge and exhaust system is hazards consideration determination: cladding, Reactor Coolant System, or credited only for long-term post accident As required by 10 CFR 50.91(a), the containment integrity. For a postulated cleanup efforts and will continue to be tested licensee has provided its analysis of the feedwater line break (FLB)/MSLB inside to ensure the filtration system remains issue of no significant hazards containment, AFIS will improve the margin effective in supporting such efforts, the consideration, which is presented of safety by reducing the mass and energy consequences of an accident previously below: release to containment. AFIS will also evaluated remains unchanged. improve the margin of safety for departure The opening of a containment penetration (1) Involve a significant increase in the from nucleate boiling by minimizing the during the handling of irradiated fuel within probability or consequences of an accident overcooling transient from a FLB/MSLB. the containment building is limited to Mode previously evaluated: Therefore, the proposed change does not 6 with the core flooded to refueling level No. There is no significant increase in the involve a significant reduction in a margin of (≥ 23 feet of borated water above the fuel) by probability of a loss of Main Feedwater safety. the applicability of TS 3.9.4. Such openings (MFW) or Emergency Feedwater (EFW) event are strictly controlled by safe shutdown due to spurious actuation of the Automatic The NRC staff has reviewed the programs such as the ANO–2 Shutdown Feedwater Isolation System (AFIS). AFIS licensee’s analysis and, based on this Operations Protection Plan (SOPP) and the provides a means of automatic response to review, it appears that the three Outage Risk Management Guidelines improve the ability to isolate MFW and EFW standards of 10 CFR 50.92(c) are (ORMG). A containment penetration being to mitigate containment overpressurization satisfied. Therefore, the NRC staff open during the handling of irradiated fuel and steam generator tube stresses resulting proposes to determine that the does not result in an increase in the from Main Steam Line Break (MSLB) amendment request involves no probability of an accident that has been accidents. AFIS replaces the need for manual previously evaluated. significant hazards consideration. ANO [Arkansas Nuclear One] submitted operator actions currently required by Attorney for licensee: Anne W. emergency operating procedures, but these the radiological dose consequences of a fuel remain as a defense-in-depth. AFIS is highly Cottington, Winston and Strawn, 1200 handling accident within the containment reliable, being designed with two 17th Street, NW., Washington, DC building to the NRC [Nuclear Regulatory independent trains of diverse digital control 20005. Commission], illustrating that without a systems, each having four channels of inputs. NRC Section Chief: Richard L. Emch, containment building, the offsite dose The AFIS modification will also upgrade Jr. consequences due to a fuel handling accident some existing components that were actuated inside containment would remain well by MSLB Detection and Feedwater (FDW) Entergy Operations, Inc., Docket No. 50– within 10 CFR 100 limits. This evaluation Isolation Circuitry that were not safety grade 368, Arkansas Nuclear One, Unit No. 2, was approved by the NRC in Amendment to safety grade quality thereby improving Pope County, Arkansas 166 to the ANO–2 Operating License and referenced in the aforementioned system reliability. Therefore, the installation Date of amendment request: August of AFIS does not involve a significant Amendment 203 to the ANO–2 Operating 10, 2000. License in support of allowing the equipment increase in the probability or consequences Description of amendment request: of an accident previously evaluated. hatch and/or personnel air locks to remain (2) Create the possibility of a new or The proposed amendment would revise open during fuel handling activities. Since different kind of accident from any kind of Technical Specification 3/4.9.4, the above evaluation assumes no credit for accident previously evaluated: ‘‘Refueling Operations, Containment ‘‘containment’’ and subsequently illustrates No. AFIS replaces the MSLB Detection and Building Penetrations,’’ by deleting the that the resulting offsite dose consequences FDW Isolation Circuitry as described in the requirements for the containment purge are acceptable, the consequences of an Updated Final Safety Analysis Report. AFIS and exhaust system and by revising the accident previously evaluated are not adversely impacted. is capable of determining which steam closure requirements for containment generator has been affected and will isolate The proposed revision of penetration building penetrations to require that closure methods does not impact any MFW and EFW to that steam generator. In containment penetrations are capable of this regard, AFIS performs the same accident previously analyzed or impact the functions that are currently performed by the being closed during the handling of consequences of such an accident. The combination of the MSLB Detection and irradiated fuel within the containment. licensee will continue to be accountable for FDW Isolation Circuitry plus the additional Basis for proposed no significant ensuring adequate and timely closure of each containment penetration should such closure operator actions needed to isolate the hazards consideration determination: become necessary. Revising the examples affected steam generator. Safety features have As required by 10 CFR 50.91(a), the given in the TSs for establishing closure is, been designed into AFIS to prevent spurious licensee has provided its analysis of the therefore, considered risk-neutral and is actuation. The system must be energized to issue of no significant hazards consistent with the Revised Standard trip therefore AFIS will not cause a trip on consideration, which is presented Technical Specifications (RSTS) of NUREG– loss of power. There are no postulated below: 1432. failures such as loss of power that differ from Therefore, the proposed changes do not those assumed for an analog control system Criterion 1—Does Not Involve a Significant involve a significant increase in the that would prevent proper system actuation. Increase in the Probability or Consequences of an Accident Previously Evaluated probability or consequences of any accident The design of the two out of four input logic previously evaluated. provides redundancy against the affects of The containment purge and exhaust system single failures that could cause spurious is not considered an accident initiator nor do Criterion 2—Does Not Create the Possibility actuation. In the unlikely event of spurious the proposed changes result in any physical of a New or Different Kind of Accident From actuation, manual manipulation of EFW change to the plant design. Therefore the Any Previously Evaluated pump controls will override the AFIS trip probability of an accident previously The containment purge and exhaust system signals. Therefore, AFIS does not introduce analyzed remains unchanged. In addition, filtration units are not credited in the ANO– hardware failures that inhibit proper the containment purge and exhaust system 2 safety analysis in limiting offsite dose operation of MFW or EFW. In conclusion, filtration units are not credited in the ANO– consequences during an accident. AFIS does not create the possibility of a new 2 [Arkansas Nuclear One, Unit 2] safety Furthermore, the system is designed to or different kind of accident from any kind analysis in limiting offsite dose consequences automatically isolate, as required by ANO–2 previously evaluated. during an accident. Furthermore, the system TS 3.3.3.1, Table 3.3–6, upon receipt of a (3) Involve a significant reduction in a is designed to automatically isolate, as high radiation signal when in operation in margin of safety. required by ANO–2 TS [Technical Modes 5 and 6. Since the containment purge
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56951 and exhaust system is credited only for long- standards of 10 CFR 50.92(c) are The proposed changes do not alter the term post accident cleanup efforts and will satisfied. Therefore, the NRC staff design, physical configuration, or modes of continue to be tested to ensure the filtration proposes to determine that the operation of the plant. No changes are being system remains effective in supporting such amendment request involves no made to the plant that would introduce any efforts, the possibility of a new or different new accident causal mechanisms. The kind of accident being created from that significant hazards consideration. proposed Technical Specification changes do previously evaluated remains unchanged. Attorney for licensee: Nicholas S. not impact any plant systems that are The fuel handling accident has previously Reynolds, Esquire, Winston and Strawn, accident initiators, since the 480 volt been addressed in the ANO–2 safety analysis. 1400 L Street, NW., Washington, DC undervoltage and degraded voltage In addition, the offsite dose consequences of 20005–3502. protection logics are not affected. The the fuel handling accident have been found NRC Section Chief: Robert A. Gramm. proposed change allows performance of the to be acceptable while assuming no credit for required surveillance without placing the containment. Therefore, the provision to Florida Power and Light Company, plant in a condition prohibited by the allow penetrations to be opened during the Docket Nos. 50–250 and 50–251, Turkey Technical Specifications. No new accident handling of irradiated fuel within the Point Plant, Units 3 and 4, Dade County, causal mechanisms are created as a result of containment building does not create the Florida NRC approval of the proposed amendments possibility of a new or different kind of request. Therefore, the proposed changes do accident from any previously evaluated. The Date of amendment request: August not create the possibility of a new or different proposed revision of penetration closure 18, 2000. kind of accident from any previously methods is also not considered an accident Description of amendment request: evaluated. initiator. As an added measure of safety, The proposed amendments would (3) Operation of the facility in accordance however, the appropriate administrative revise the current requirements of with the proposed amendments would not controls required by Amendment 203 to the Technical Specifications (TS) 3.3.2, involve a significant reduction in a margin of ANO–2 Operating License will be applicable Engineered Safety Features Actuation safety. to the containment penetrations impacted by System Instrumentation, Table 3.3–2, The proposed changes do not change the the relevant proposals of this submittal. Items 7.b and 7.c. Specifically, the operation, function or modes of plant or Therefore, the proposed changes do not equipment operation. The proposed changes create the possibility of a new or different proposed license amendments revise do not change the undervoltage and degraded kind of accident from any previously ACTION statement 18 to allow voltage protection logics of the 480 volt load evaluated. operation of the units with both centers. The ability of the 480 volt load Criterion 3—Does Not Involve a Significant channels of undervoltage protection center voltage protection schemes to detect Reduction in the Margin of Safety bypassed for up to 8 hours to allow degraded voltage and initiate a signal to the sequencers is maintained. No new hazards or The containment purge and exhaust system performance of the monthly surveillance without placing the units failure modes are created or postulated is not presently permitted to be placed in which may cause an accident different from operation in Modes 1, 2, 3, or 4 and thus in a condition prohibited by the TS. In addition, an administrative change to any accident previously analyzed. The eliminates one possible path for radiological proposed changes revise ACTION statement release to the public. The automatic Item 7.b. of TS Tables 3.3–2, 3.3–3, and 18 to allow performance of the technical actuations discussed above that act to isolate 4.3–2 is requested to change ‘‘Degraded specification required surveillances without the system during emergency events in Voltage’’ to ‘‘Undervoltage’’ to make it placing the plant in a condition prohibited by Modes 5 and 6 also provide assurance that consistent with the Updated Final the Technical Specifications. Therefore, a radiological release will not occur via the Safety Analysis Report description. operation of the facility in accordance with containment purge and exhaust system flow the proposed amendments would not involve paths. Furthermore, the containment purge Basis for proposed no significant a significant reduction in a margin of safety. and exhaust system filtration units are not hazards consideration determination: credited in the ANO–2 safety analysis in As required by 10 CFR 50.91(a), the The NRC staff has reviewed the limiting offsite dose consequences during an licensee has provided its analysis of the licensee’s analysis and, based on this accident. Since the containment purge and issue of no significant hazards review, it appears that the three exhaust system is credited only for long-term consideration, which is presented standards of 50.92(c) are satisfied. post accident cleanup efforts and will below: Therefore, the NRC staff proposes to continue to be tested to ensure the filtration system remains effective in supporting such (1) Operation of the facility in accordance determine that the amendment request efforts, the margin to safety remains with the proposed amendments would not involves no significant hazards unchanged. involve a significant increase in the consideration. ANO–2 has provided sufficient probability or consequences of an accident Attorney for licensee: M.S. Ross, information to illustrate that the offsite dose previously evaluated. Attorney, Florida Power & Light, P.O. consequences, as a result of a fuel handling Approval and implementation of this Box 14000, Juno Beach, Florida 33408– accident, remain well within 10 CFR [Part] amendment will have no effect on the 0420. 100 limits, while assuming no credit for probability or consequences of accident NRC Section Chief: Richard P. previously evaluated. The proposed changes containment for release mitigation. Since no Correia. increase in the offsite dose potential is allow performance of the required evident due to the opening of containment surveillance without placing the plant in a Indiana Michigan Power Company, penetrations, the margin to safety is not condition prohibited by the Technical Docket Nos. 50–315 and 50–316, Donald adversely affected by this proposed revision. Specifications. The undervoltage and C. Cook Nuclear Plant, Units 1 and 2, degraded voltage protection schemes of the The proposed revision of penetration Berrien County, Michigan closure methods does not impact the margin 480 volt load centers are not affected. to safety. The licensee will continue to be Therefore, there will be no impact on any Date of amendment requests: August accountable for ensuring adequate and timely accident probabilities by the approval of this 18, 2000. closure of each containment penetration amendment. Therefore, the proposed Description of amendment requests: should such closure become necessary. amendments do not involve a significant The proposed amendments would Therefore, the proposed changes do not increase in the probability or consequences change Technical Specification (TS) 3/ of any accident previously evaluated. involve a significant reduction in the margin 4.7.4, ‘‘Essential Service Water [ESW] of safety. (2) Operation of the facility in accordance with the proposed amendments would not System,’’ and the associated Bases to The NRC staff has reviewed the create the possibility of a new or different add requirements that would support licensee’s analysis and, based on this kind of accident from any previously cross-connection to the opposite unit. review, it appears that the three evaluated. The proposed amendment would also
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56952 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices delete a provision for a 60-day allowed occurring. Therefore, closing the unit crosstie The change to add T/S 4.0.5 to the Unit 2 outage time when an ESW flowpath is valve(s) as directed by the revised T/S surveillance is a conservative change that not available to support the opposite requirements is a conservative change corrects an editorial oversight. Surveillance unit’s shutdown functions. relative to flooding. testing under T/S 4.0.5 has been previously Closing an ESW unit crosstie valve to evaluated and approved and is included in Administrative and editorial changes isolate an operating ESW pump from an the Unit 1 surveillance requirements. are also made to provide consistency inoperable loop will not increase the The remaining changes are administrative/ between units, correct typographical consequences of any accident previously editorial in nature and are not intended to errors, improve readability, and improve evaluated in the [Updated Final Safety change the meaning of the T/S or associated page layout. Analysis Report] UFSAR. This configuration Bases. The licensee is submitting this request does not prevent the ESW system from Therefore, this proposed change does not in accordance with Nuclear Regulatory meeting its design basis flow requirements increase the possibility of a new or different Commission (NRC) Administrative because these flows are set with the crosstie kind of accident than previously evaluated. valves closed. Letter 98–10, ‘‘Dispositioning of 3. Does the change involve a significant As long as the ESW design basis flow reduction in a margin of safety? Technical Specifications that are requirements are met, this proposed change Closing an ESW unit crosstie valve to Insufficient to Assure Plant Safety,’’ is bounded by the current analysis of record isolate an operating ESW pump from an because the current TS requirements are with respect to consequences. No new release inoperable loop ensures the single-failure nonconservative. The licensee paths are created and the frequency of release design of the ESW system will be determined that an operable ESW pump is not increased by closing the unit crosstie maintained. In this manner, the system will may be adversely affected by valve when required by the revised continue to perform its required function and inoperability of an opposite unit ESW requirements. Preventing the diversion of ensure that margins of safety is maintained. flow from an operating to an inoperable loop The change to delete the additional 60-day pump sharing the same header. With will reduce the probability of equipment open crosstie valves on the header, an AOT of the shutdown flowpath to the malfunction that could lead to an increase in opposite unit is a conservative change that inoperable pump can permit flow to be the consequences of an accident. Loss of assures the availability of the shutdown diverted from the operable ESW pump offsite power in conjunction with any of the flowpath. to the loads on the opposite unit. This affected accidents will not be impacted by The change to add T/S 4.0.5 to the Unit 2 could be safety significant when the closure of the crosstie valve(s) because the surveillance is a conservative change that operable pump is supplying accident valves receive emergency power. corrects an editorial oversight. Surveillance loads. The change to delete the additional 60-day testing under T/S 4.0.5 has been previously Basis for proposed no significant allowed outage time (AOT) of the shutdown evaluated and approved and is included in flowpath to the opposite unit is a the Unit 1 surveillance requirements. hazards consideration determination: conservative change that only increases the As required by 10 CFR 50.91(a), the The remaining changes are administrative availability of the shutdown flowpath. in nature and are not intended to change the licensee has provided its analysis of the The change to add T/S 4.0.5 to the Unit 2 meaning of the T/S or associated Bases. issue of no significant hazards surveillance is a conservative change that Therefore, these changes do not involve a consideration, which is presented corrects an editorial oversight. Surveillance significant reduction in the margin of safety. below: testing under T/S 4.0.5 has been previously evaluated and approved. The NRC staff has reviewed the 1. Does the change involve a significant The remaining changes are administrative licensee’s analysis and, based on this increase in the probability of occurrence or in nature and are not intended to change the review, it appears that the three consequences of an accident previously meaning of the T/S or associated Bases. standards of 10 CFR 50.92(c) are evaluated? Therefore, these changes cannot increase The accidents previously evaluated in satisfied. Therefore, the NRC staff the consequences or probability of proposes to determine that the Chapter 14 of the Updated Final Safety occurrence of an accident previously Analysis Report (UFSAR) that are affected by amendment requests involve no evaluated. significant hazards consideration. operation of the essential service water 2. Does the change create the possibility of system are: a new or different kind of accident from any Attorney for licensee: David W. 1. Loss-of-Coolant Accident (LOCA), accident previously evaluated? Jenkins, Esq., 500 Circle Drive, 2. Main Steam Line Break, Closing an ESW unit crosstie valve to Buchanan, MI 49107. 3. Feedwater Line Break, isolate an operating ESW pump from an NRC Section Chief: Claudia M. Craig. 4. Loss of Feedwater, inoperable loop will not create the possibility Indiana Michigan Power Company, 5. Combinations of the above accidents with of an accident of a new or different type than loss of offsite power, any previously evaluated. Operation with Docket Nos. 50–315 and 50–316, Donald 6. Appendix R fire, and closed crosstie valves is not the normal C. Cook Nuclear Plant, Units 1 and 2, 7. Flooding. operating lineup but it is not precluded and Berrien County, Michigan The closing of an ESW unit crosstie valve applicable procedures recognize they may be Date of amendment requests: to isolate an operating ESW pump from an closed. Therefore, no system/component September 1, 2000. inoperable loop will not increase the interfaces are affected, nor are new ones Description of amendment requests: probability of occurrence of the affected created that would contribute toward a new accidents. Closing these valves will not affect or different accident. As described in The proposed amendments would the initiators of any previously analyzed question 1 above, operation with closed clarify Technical Specification (TS) accidents. It prevents flow in an operating crosstie valves is bounded by the current 3/4.4.4, ‘‘Pressurizer,’’ to reflect the loop from being reduced below design basis analysis for affected accidents, even if these current power supply to the pressurizer by flow diversion to an inoperable loop. This are combined with a loss of offsite power. heaters and require two operable trains action will not affect the initiating frequency Other single failures in conjunction with this of pressurizer heaters during Modes 1, of any LOCAs, main steam line or feedwater change, such as the loss of one train of 2, and 3. The proposed amendments line breaks, or loss of feedwater events, nor emergency diesel generators on one unit, will also revise the Bases for TS 3/4.4.4 to will it cause or increase the frequency of an not create an accident that is not bounded by reflect these changes and to clarify the Appendix R fire. the current analysis of record. With respect to flooding, closing the ESW The change to delete the additional 60-day purpose of the pressurizer heaters. unit crosstie valves may reduce the extent of AOT of the shutdown flowpath to the Basis for proposed no significant flooding should a break occur in the ESW opposite unit is a conservative change that hazards consideration determination: system. It does not contribute to the only increases the availability of the As required by 10 CFR 50.91(a), the probability of an ESW system pipe break shutdown flowpath. licensee has provided its analysis of the
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56953 issue of no significant hazards review, it appears that the three equipment. Therefore, the proposed changes consideration, which is presented standards of 10 CFR 50.92(c) are do not degrade the reliability of systems, below: satisfied. Therefore, the NRC staff structures, or components or create a new proposes to determine that the accident initiator or precursor. No new 2. Does the change involve a significant failure modes are created. The proposed increase in the probability of occurrence or amendment requests involve no changes demonstrate the leak-tight integrity consequences of an accident previously significant hazards consideration. of the affected portions of the containment evaluated? Attorney for licensee: David W. barrier through the performance of a visual The proposed changes do not affect any Jenkins, Esq., 500 Circle Drive, inspection for through-wall leakage. accident initiators or precursors. Neither the Buchanan, MI 49107. Therefore, the change does not create the pressurizer heaters nor the surveillance test NRC Section Chief: Claudia M. Craig. possibility of a new or different kind of is an accident initiator. Therefore, the accident from any accident previously proposed changes will not affect the Indiana Michigan Power Company, evaluated. probability of an accident. Docket Nos. 50–315 and 50–316, Donald 3. Does the change involve a significant The pressurizer heaters are not credited to C. Cook Nuclear Plant, Units 1 and 2, reduction in a margin of safety? mitigate the consequences of any accidents Berrien County, Michigan T/S 3.6.1.2 is based on limiting total evaluated in the Updated Final Safety Date of amendment requests: containment leakage volume to the value Analysis Report; however, they are needed assumed in the accident analysis at peak during a loss of offsite power to provide September 1, 2000. Description of amendment requests: accident pressure. The proposed change does adequate subcooling margin in the reactor not change the allowable leakage rates. coolant system so that natural circulation The proposed amendments would Since the in-service test is performed at a conditions can be maintained at hot standby. change Technical Specification (TS) significantly higher pressure than the Type A The proposed change to reflect the current surveillance requirement 4.6.1.2 and the test and the in-service test acceptance power supply to the pressurizer heaters associated T/S Bases to address criterion is zero through-wall leakage, versus modifies the surveillance requirement to a nominal amount allowed for the Type A reflect the design and eliminates redundancy exemptions to leakage rate testing test, the margin of safety will not be reduced. with other surveillance requirements. specified by 10 CFR 50, Appendix J, The proposed change would demonstrate the Components will continue to be tested just as ‘‘Primary Reactor Containment Leakage leak-tight integrity of the steam generator and frequently. The proposed change to require Testing for Water-Cooled Power associated piping, as components of the two trains of heaters instead of one will Reactors,’’ and Regulatory Guide 1.163, containment barrier, in a fashion at least as provide better assurance that the required ‘‘Performance-Based Containment Leak- rigorous as the Type A test. If the leakage capacity is operable. Test Program,’’ dated September 1995. from containment is maintained within the Overall, testing the same components and Basis for proposed no significant T/S limit, dose rates at the site boundary will requiring redundant capacity provides hazards consideration determination: assurance that the required function will be not be increased. performed as assumed. As such, the As required by 10 CFR 50.91(a), the Therefore, the proposed activity does not consequences of an accident will not licensee has provided its analysis of the involve a significant reduction in a margin of significantly increase. issue of no significant hazards safety. Therefore, the probability of occurrence or consideration, which is presented In summary, based upon the above consequences of accidents previously below: evaluation, I&M has concluded that the evaluated are not increased. proposed amendment involves no significant 1. Does the change involve a significant (2) Does the change create the possibility hazards consideration. increase in the probability of occurrence or of a new or different kind of accident from consequences of an accident previously The NRC staff has reviewed the any accident previously analyzed? evaluated? licensee’s analysis and, based on this The proposed changes do not modify any The proposed in-service testing does not review, it appears that the three equipment or the operational limits of any affect accident initiators or precursors. The equipment. The proposed changes do not standards of 10 CFR 50.92(c) are proposed ASME Section XI in-service test is introduce any new failure mechanisms to the satisfied. Therefore, the NRC staff routinely performed to collect data while the pressurizer or any other plant systems. The proposes to determine that the plant is in Mode 3. Conducting the proposed changes do not change the method amendment requests involve no containment leakage test in Mode 3 rather by which any plant system performs its than prior to Mode 4 entry does not affect the significant hazards consideration. function. probability of an accident. Excessive Attorney for licensee: David W. Therefore, the proposed amendment will containment leakage is not a factor until after Jenkins, Esq., 500 Circle Drive, not create the possibility of a new or different Buchanan, MI 49107. kind of accident from any accident an accident has already occurred. previously analyzed. The proposed in-service testing does not NRC Section Chief: Claudia M. Craig. affect the containment leakage rate limits. (3) Does the change involve a significant Indiana Michigan Power Company, reduction in a margin of safety? Therefore, the consequences of an accident are unchanged. The proposed change to Docket No. 50–316, Donald C. Cook T/S 3.4.4 requires pressurizer heater Nuclear Plant, Unit 2, Berrien County, capacity of at least 150 kW to provide conduct the testing in Mode 3 would not adequate subcooling margin in the reactor significantly increase the consequences of an Michigan coolant system during a loss of offsite power accident. In order to have a release through the modified closed piping systems, there Date of amendment request: condition to maintain natural circulation September 1, 2000. conditions at hot standby. The proposed would need to be a loss-of-coolant accident concurrent with a through-wall leak, with Description of amendment request: changes will increase the requirements for The proposed amendment would pressurizer heaters by requiring two trains of enough pressure in containment to overcome pressurizer heaters to be operable with at main steam system pressure. These resolve an unreviewed safety question least 150 kW in each train instead of 150 kW conditions are extremely unlikely to occur dealing with the licensee revising the total capacity. This provides assurance that simultaneously in Modes 3 and 4. Unit 1 and 2 safety analyses to the required function will be performed as Therefore, the probability of occurrence or incorporate changes regarding modeling assumed. the consequences of accidents previously of pressurizer heater operation and Therefore, the proposed changes do not evaluated are not increased. 2. Does the change create the possibility of spray effectiveness as they relate to involve a significant reduction in a margin of certain transients that are analyzed for safety. a new or different kind of accident from any accident previously evaluated? pressurizer overfill. As a part of the The NRC staff has reviewed the The proposed changes do not introduce revision to the Unit 2 analyses only, the licensee’s analysis and, based on this any additional physical interface with plant licensee proposes to change the value of
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56954 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices the moderator temperature coefficient and LONF analyses yield acceptable results the two UFSAR events that have been (MTC) assumed as an initial condition (pressurizer overfill does not occur). evaluated. The only potential outcome of the for these transients. The licensee Pressurizer heaters and sprays are control application of the heater and revised spray evaluated the proposed change to the systems that are used to modulate the models causing the analyses to exceed the primary coolant pressure during normal acceptance criteria is another event (i.e., MTC value pursuant to 10 CFR 50.59 operation, and during certain postulated SBLOCA) that has been evaluated in the and determined that the proposed accident scenarios. Neither of these control UFSAR. Consequently, the changes to the change constituted an unreviewed systems are considered precursors or modeling of pressurizer heaters and sprays in safety question. Therefore, in initiators to any accidents described in the the LOAC and LONF transients cannot affect accordance with 10 CFR 50.90 the Updated Final Safety Analysis Report or create new accident initiators or licensee is seeking approval on its use (UFSAR). The change to conservatively precursors or create the possibility of a new of a different value for MTC as an input assume the heaters are in operation during a or different kind of accident. assumption for analyses of these LOAC or LONF transient does not affect the The MTC is an analysis input that affects actual design or operation of the heaters the way a plant responds during a transients on Unit 2. during any mode of operation. Similarly, temperature transient. Reducing the MTC Basis for proposed no significant revising the assumed effectiveness of the assumed in the analysis to a more restrictive hazards consideration determination: sprays in the LOAC and LONF accident value will result in a less severe response of As required by 10 CFR 50.91(a), the analyses has no effect on the actual design or the reactor core and RCS to the LOAC and licensee has provided its analysis of the operation of the sprays. Consequently, the LONF transients. As used in these analyses, issue of no significant hazards changes to the assumed operation of the the assumed MTC value is not a factor in consideration, which is presented sprays and heaters in the LOAC and LONF initiating any accident scenarios. below: accident analyses would not cause either of Consequently, the application of a lower these control systems to become an initiator MTC value to the analyses of the LOAC and (1) Does the change involve a significant or precursor of an accident. The MTC is an LONF transients cannot affect or create new increase in the probability of occurrence or analysis input that affects the way the plant accident initiators or precursors or create the consequences of an accident previously responds during a temperature transient. possibility of a new or different kind of evaluated? Reducing the MTC assumed in the analysis accident. The proposed change (i.e., revise MTC to a more restrictive value will result in a less Therefore, the proposed change does not assumption) and changes already severe response of the reactor core and RCS create the possibility of a new or different implemented (i.e., revised modeling of to the LOAC and LONF transients. The MTC kind of accident from any accident pressurizer heaters and sprays) result in more assumed for a safety analysis does not initiate previously evaluated. conservative modeling of transient analyses any accident scenarios. Changing the MTC as (3) Does the change involve a significant and do not involve a significant increase in an assumed input to the analysis does not reduction in a margin of safety? the probability of occurrence or result in an increase in the frequency of any The changes to modeling and assumptions consequences of an accident previously initiating events. Therefore, these changes do for the LOAC and LONF transients do not evaluated. The proposed change and changes not increase the probability of a previously involve a significant reduction in a margin of already implemented would affect the evaluated accident. safety. The changes to the modeling of the analyzed reactor coolant system (RCS) The operation of pressurizer heaters and pressurizer heaters and sprays result in a response to a [loss of all non-emergency alternating current] LOAC or [loss of normal sprays has no direct impact on radiological more conservative outcome for the LOAC and feedwater] LONF transient. Operational consequences of a LOAC, LONF, or any other LONF transients. The acceptance criterion for occurrences that are postulated to occur on previously analyzed event. Similarly, the events analyzed for pressurizer overfill, such a moderate frequency, such as the LOAC and assumed MTC does not directly impact the as the LOAC and LONF transients, is that the LONF transients, are analyzed to ensure they source term or radiological release pathways pressurizer does not reach a water-solid do not generate a more serious plant for any previously analyzed events. Revising condition. In order for the Unit 2 analyses to condition without other faults occurring the LOAC and LONF analyses to meet this acceptance criterion, it was independently. Specifically, these events are conservatively model the pressurizer heaters necessary to change the assumed MTC from analyzed to ensure that pressurizer overfill and sprays and to assume a more restrictive a positive value to zero at full-power would not occur. If pressurizer overfill MTC value results in precluding the conditions. However, a positive MTC has occurs, liquid could pass through the power- occurrence of a pressurizer overfill condition. been assumed in previous NRC analyses of operated relief valves or the safety valves. Consequently, the revised LOAC and LONF these transients in support of past [Donald C. Since these valves are qualified to pass steam analyses demonstrate that these transients Cook Nuclear Plant] CNP license and not liquid, there is a potential to fail one would not progress to the occurrence of a amendments. Specifically, the NRC’s of these valves in the open position, creating SBLOCA. Therefore, these analytical changes approval of the current Unit 2 Technical an uncontrolled release of primary coolant. do not result in an increase in the Specification (T/S) 3/4.1.1.4 MTC curve An uncontrolled release of primary coolant consequences for these transients. (License Amendment 107 to DPR–74) was through a failed-open relief or safety valve Therefore, the probability of occurrence or predicated, in part, on the basis that the would be considered a small break loss-of- the consequences of accidents previously safety analysis assumptions remain valid. coolant accident (SBLOCA). Because a loss- evaluated are not significantly increased. Because a positive MTC was assumed in of-coolant accident is a more serious (2) Does the change create the possibility previous safety analyses, and the proposed condition than a LOAC or LONF transient, of a new or different kind of accident from MTC value is less conservative than the this would constitute a violation of the any accident previously evaluated? positive value assumed in those previous acceptance criterion discussed above. The The changes in modeling and assumptions safety analyses, this activity is a reduction in changes already implemented affect the for the LOAC and LONF transients do not the margin of safety. approach to modeling the pressurizer heaters create the possibility of a new or different T/S 3/4.1.1.4, Figure 3.1–2, specifies the and sprays in the accident analysis and the kind of accident from any accident operational limits for the MTC. The T/S proposed Unit 2 MTC change affects an input previously evaluated. The changes to the allows a constant MTC of +5 pcm/°F for core assumption to the analyses, but none of these modeling of the pressurizer heaters and power levels from 0% to 70%. Above 70% changes result in a revision to the acceptance sprays are analysis assumption changes that power, the allowed MTC value ramps down criteria for a change in the probability of result in a more conservative outcome for the linearly to 0 pcm/°F at full power. The basis occurrence of these events. LOAC and LONF transients. for the limitations on MTC are provided to The changes to the pressurizer heater and Because the changes do not alter the design ensure that the value of this coefficient spray modeling assumptions result in a more or operation of the pressurizer heaters or remains within the limiting conditions conservative outcome for the LOAC and sprays, they do not introduce any new assumed in the UFSAR accident and LONF transients. When considered in malfunctions. The changes pertain to the transient analyses. Although the revised concert with the proposed change to reduce correction of analysis assumptions for initial MTC value assumed in these analyses the assumed MTC value, the revised LOAC modeling the pressurizer control features for is reduced from that assumed in the current
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56955 analyses of record in the CNP UFSAR, it is Niagara Mohawk Power Corporation, them of less than 6 inches of water. The still within the requirements of Unit 2 T/S Docket No. 50–220, Nine Mile Point proposed TS change to require a combined 3.1.1.4 for 100% power. Thus, the revised Nuclear Station Unit No. 1, Oswego pressure drop of less than 1.5 inches of water MTC value remains bounding for full-power County, New York will assure the capability of the CRAT operation. Furthermore, the analyses for the System to maintain the required minimum LONF and LOAC scenarios both assume an Date of amendment request: positive pressure in the Control Room initial reactor power of 102%, which also November 30, 1999; as supplemented on complex. Therefore, the proposed change bounds full power operation. Consequently, August 15, 2000. will not involve a significant increase in the the revised assumption for the Unit 2 MTC Description of amendment request: consequences of an accident previously ensures that the conditions assumed for the The licensee proposed to amend the evaluated. transient evaluation still bound the most unit’s Technical Specifications (TSs), The operation of Nine Mile Point Unit 1, limiting plant operating conditions and are Section 3.4.4, ‘‘Emergency Ventilation in accordance with the proposed consistent with the requirements in T/S System [EVS],’’ and Section 3.4.5, amendment, will not create the possibility of 3.1.1.4. Thus, the basis for approval of the ‘‘Control Room Air Treatment [CRAT] a new or different kind of accident from any current Unit 2 MTC curve, as specified by the System,’’ to require testing consistent accident previously evaluated. safety evaluation report that approved this with American Society for Testing and The proposed TS change will revise the curve (Amendment No. 107 to DPR–74), Materials (ASTM) Standard D3803– allowable pressure drop across the CRAT remains valid. 1989. Currently Section 3.3.4 specifies System HEPA filters and charcoal adsorber banks to less than 1.5 inches of water at A sensitivity study was performed to the American National Standards ± confirm that the basis for establishing an Institute (ANSI) standard N510–1980. system design flow rate ( 10%). This change will not involve placing the system in a new MTC of 0 pcm/°F at full power bounds The licensee’s application for configuration or operating the system in a partial-power conditions with the amendment is a response to the NRC’s corresponding positive MTC. Specific LOAC different manner that could result in a new Generic Letter (GL) 99–02, ‘‘Laboratory or different kind of accident. Maintaining a and LONF calculations were performed by Testing of Nuclear-Grade Activated combined pressure drop across the HEPA varying (reducing) the nominal core power Charcoal.’’ The staff had previously filters and charcoal adsorber banks to less levels and assuming the corresponding published a notice (65 FR 9009, than 1.5 inches of water will assure system positive MTC values at each core power February 23, 2000) for the licensee’s capability of maintaining the required level. The result of the study confirmed that, November 30, 1999, submittal. The minimum positive pressure in the Control for both the LOAC and LONF events, the full licensee’s August 15, 2000, submittal Room complex. Therefore, the proposed power case with an MTC value of 0 pcm/°F revises the original submittal by change will not create the possibility of a bounds the case with a positive MTC increasing the charcoal bed testing new or different kind of accident from any initialized at a lower power level. efficiency of the EVS from 95 percent to previously evaluated. By revising the assumed MTC value from The operation of Nine Mile Point Unit 1, a positive value to zero, the Unit 2 LOAC and 99.5 percent, and requiring the pressure drop across the CRAT System high in accordance with the proposed LONF analyses demonstrate that the analysis amendment, will not involve a significant acceptance criteria are met (i.e., pressurizer efficiency particulate air (HEPA) filters and charcoal adsorber banks to be reduction in a margin of safety. overfill does not occur) and bound the The proposed TS change will not adversely demonstrated to be less than 1.5 inches positive MTC cases at lower power levels. affect the performance characteristics of the Therefore, the combination of these three of water. CRAT System, nor will it affect the ability of analytical modeling changes results in an Basis for proposed no significant the system to perform its intended function. acceptable analytical outcome for Unit 2. hazards consideration determination: The combined pressure drop across the Furthermore, the zero MTC value is still As required by 10 CFR 50.91(a), the CRAT System HEPA filters and charcoal within the requirements of Unit 2 T/S 3.1.1.4 licensee has provided its analysis of the adsorber banks is demonstrated to determine for 100% power. Thus, the revised MTC issue of no significant hazards whether sufficient flow exists to maintain the value remains bounding for full-power consideration, which is presented minimum positive pressure in the control operation. Although the proposed MTC below: room assumed in the design basis analysis. assumed in the LOAC and LONF analyses are The operation of Nine Mile Point Unit 1, The proposed TS change will require the a reduction in the margin provided to the in accordance with the proposed combined pressure drop across the HEPA NRC in previous evaluations of these amendment, will not involve a significant filters and charcoal adsorber banks to be less transients, the use of the full-power MTC is increase in the probability or consequences than 1.5 inches of water. This will assure consistent with the plant T/S and is of an accident previously evaluated. system capability to maintain the required bounding for full-power operation and The proposed TS change will require the minimum positive pressure in the Control partial-power operation at the corresponding demonstration that the pressure drop across Room complex. Therefore, the proposed MTC value allowed by the plant T/S. the combined HEPA filters and charcoal change does not involve a significant Therefore, the proposed change does not adsorber banks is less than 1.5 inches of reduction in a margin of safety. involve a significant reduction in a margin of water at system design flow rate (± 10%). The safety. CRAT System does not involve initiators or The NRC staff has reviewed the precursors to an accident previously licensee’s analysis and, based on this The NRC staff has reviewed the evaluated, as this system performs mitigative review, it appears that the three licensee’s analysis and, based on this functions in response to an accident. Failure standards of 10 CFR 50.92(c) are review, it appears that the three of this system would result in the inability satisfied. Therefore, the NRC staff standards of 10 CFR 50.92(c) are to perform its mitigative function, but would proposes to determine that the satisfied. Therefore, the NRC staff not increase the probability of an accident. amendment request involves no Therefore, the probability of an accident proposes to determine that the previously evaluated is not increased. significant hazards consideration. amendment requests involve no The NMP1 [Nine Mile Point Unit 1] CRAT Attorney for licensee: Mark J. significant hazards consideration. System is designed to limit doses to control Wetterhahn, Esquire, Winston & Strawn, Attorney for licensee: David W. room operators to less than the values 1400 L Street, NW., Washington, DC Jenkins, Esq., 500 Circle Drive, allowed by General Design Criterion 19. This 20005–3502. system contains HEPA filters and activated Buchanan, MI 49107. charcoal adsorber banks that are required by NRC Section Chief: Marsha K. NRC Section Chief: Claudia M. Craig. TS to have a combined pressure drop across Gamberoni.
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Power Authority of the State of New requirements, and do not affect any safety Surveillance Requirement (SR) 3.0.2 will be York, Docket No. 50–333, James A. analyses. Therefore, no margin of safety is applicable. Refueling cycle intervals at VEGP FitzPatrick Nuclear Power Plant, reduced as a result of these changes. are nominally 18 months in duration, but Oswego County, New York Based on the above evaluation, the they can vary with unplanned outages, power Authority has concluded that these changes reductions, etc. Under the proposed change, Date of amendment request: August do not involve a significant hazards leak testing will be performed at 18-month 16, 2000. consideration. intervals, regardless of actual refueling cycle Description of amendment request: length, and if an extension of that interval The NRC staff has reviewed the The amendment would (1) remove becomes necessary for systems or portions licensee’s analysis and, based on this ‘‘Offgas Treatment System Explosive thereof due to scheduling considerations, the review, it appears that the three provisions of SR 3.0.2 will provide the Gas Mixture Instrumentation,’’ standards of 10 CFR 50.92(c) are necessary flexibility. However, the maximum Specification 3.7, from the Radiological satisfied. Therefore, the NRC staff extension that can be applied is 25% of 18 Effluent Technical Specifications proposes to determine that the months or four and one-half months. Leak (RETS) contained in Appendix B and testing will continue at regular intervals, and amendment request involves no include reference to the Offgas any necessary maintenance to minimize significant hazards consideration. Treatment System Explosive Gas leakage will continue to be performed. Monitoring Program in Administrative Attorney for licensee: Mr. David E. Therefore, the proposed change will not Blabey, 1633 Broadway, New York, New result in a significant increase in the Section 6 to the Technical consequences of any accident previously Specifications contained in Appendix York 10019. evaluated. A; (2) replace the position title of NRC Section Chief: Marsha K. 2. Do the proposed changes create the Radiological and Environmental Gamberoni. possibility of a new or different kind of Services Manager, contained in the Southern Nuclear Operating Company, accident from any previously evaluated? Administrative Section 6 of Appendix No. The proposed change affects only the Inc., et al., Docket Nos. 50–424 and 50– interval at which leak test requirements are A, with radiation protection manager; 425, Vogtle Electric Generating Plant, and (3) revise Plant Staff organization performed pursuant to TS 5.5.2.b. The Units 1 and 2, Burke County, Georgia proposed change does not alter the operation requirements contained in Date of amendment request: August of the plant or any of its equipment, Administrative Section 6 to require introduce any new equipment, or result in either the Operations Manager or 28, 2000. any new failure mechanisms or limiting Assistant Operations Manager hold a Description of amendment request: single failures. Therefore, there is no senior reactor operator license. The proposed amendments would potential for a new accident and no changes Basis for proposed no significant revise Technical Specification (TS) to the way that an analyzed accident will hazards consideration determination: Section 5.5.2 b. ‘‘Primary Coolant progress. Therefore, the proposed change As required by 10 CFR 50.91(a), the Sources Outside Containment’’ by does not create the possibility of a new or licensee has provided its analysis of the changing the system leak test frequency different kind of accident from any from a ‘‘refueling cycle’’ to ‘‘at least previously evaluated. issue of no significant hazards 3. Do the proposed changes result in a consideration, which is presented once every 18 months.’’ The proposed significant reduction in a margin of safety? below: change will also allow the provisions of No. The proposed change affects only the Operation of the FitzPatrick plant in Surveillance Requirement (SR) 3.0.2 to interval at which leak test requirements are accordance with the proposed amendment apply to TS 5.5.2 b. (SR 3.0.2 allows a performed pursuant to TS 5.5.2.b. Under the would not involve a significant hazards surveillance to be preformed within proposed change, leak testing will be consideration as defined in 10 CFR 50.92, 1.25 times the interval specified in a performed at 18-month intervals, regardless since it would not: Frequency.) of actual refueling cycle length, and if an (1) Involve a significant increase in the Basis for proposed no significant extension of that interval becomes necessary probability or consequences of an accident for systems or portions thereof due to hazards consideration determination: scheduling considerations, the provisions of previously evaluated. As required by 10 CFR 50.91(a), the The proposed changes simplify the RETS SR 3.0.2 will provide the necessary and meet Code of Federal Regulation licensee has provided its analysis of the flexibility. However, the maximum extension requirements as specified in 10 CFR 50.36. issue of no significant hazards that can be applied is 25% of 18 months or Future changes to these requirements will be consideration, which is presented four and one-half months. Leak testing will controlled by 10 CFR 50.59. The proposed below: continue at regular intervals, and any changes are administrative in nature and do necessary maintenance to minimize leakage 1. Do the proposed changes involve a not involve any modification to any plant will continue to be performed. The intent of significant increase in the probability or equipment or effect plant operation. the program is maintained while providing Therefore, the proposed changes do not consequences of an accident previously the same scheduling flexibility that is already involve a significant increase in the evaluated? provided for the surveillance requirements of probability or consequences of any No. The proposed changes affect Section 3.0 of the TS. Therefore, the previously evaluated accident. programmatic administrative controls of the proposed change will not result in a (2) Create the possibility of a new or Vogtle Electric Generating Plant (VEGP) significant reduction in a margin of safety. Technical Specifications (TS) for leak testing different kind of accident from any accident The NRC staff has reviewed the previously evaluated. systems or portions thereof that are outside The proposed changes are administrative containment and could contain highly licensee’s analysis and, based on this in nature, do not involve any physical radioactive fluids. Only the interval for leak review, it appears that the three alterations to any plant equipment, and cause testing is affected by the proposed change, standards of 10 CFR 50.92(c) are no change in the method by which any safety and this interval has no impact on the satisfied. Therefore, the NRC staff related system performs its function. likelihood of any of the initiating events proposes to determine that the Therefore, this proposed amendment will not assumed for any accident previously amendment request involves no create the possibility of a new or differen[t] evaluated. Therefore, the proposed change will not result in a significant increase in the significant hazards consideration. kind of accident from any accident Attorney for licensee: Mr. Arthur H. previously evaluated. probability of any accident previously (3) Involve a significant reduction in a evaluated. Whereas the current TS require Domby, Troutman Sanders, margin of safety. testing at refueling cycle intervals or less, the NationsBank Plaza, Suite 5200, 600 The proposed changes are administrative proposed change will specify testing at least Peachtree Street, NE., Atlanta, Georgia in nature, will not alter the basic regulatory once per 18 months, and the provisions of 30308–2216.
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NRC Section Chief: Richard L. Emch, The NRC staff has reviewed the with laboratory testing of ventilation Jr. licensee’s analysis and, based on this charcoal to a valid test protocol, which review, it appears that the three included American Society for Testing Tennessee Valley Authority, Docket standards of 10 CFR 50.92(c) are and Materials (ASTM) D3803–1989. Nos. 50–390 and 50–391, Watts Bar satisfied. The staff has also reviewed the This license amendment request revises Nuclear Plant Units 1 and 2, Rhea changes to License Condition 2.E for the charcoal laboratory standard to County, Tennessee Watts Bar Unit 1 Operating License, as follow ASTM D3803–1989 for each Date of amendment request: March well as the change to the Security Plan. BVPS Unit. This license amendment 10, 2000. Therefore, the NRC staff proposes to request also: (1) Revises the minimum determine that the amendment request amount of output in kilowatts needed Description of amendment request: involves no significant hazards for the control room emergency The proposed amendment would consideration. ventilation system heaters at each BVPS change the Operating License to Attorney for licensee: General unit; (2) revises BVPS–1 SLCRS Physical Security/Contingency Plan— Counsel, Tennessee Valley Authority, surveillance testing criteria to be Tamper Indicating/Line Supervision 400 West Summit Hill Drive, ET 10H, consistent with American Nuclear Alarms Testing Frequency at Watts Bar Knoxville, Tennessee 37902. Standards Institute/American Society of Nuclear Plant (WBN) Units 1 and 2. NRC Section Chief: Richard P. Mechanical Engineers N510–1980, the Basis for proposed no significant Correia. BVPS–1 control room ventilation hazards consideration determination: Previously Published Notices of testing, and BVPS–2 SLCRS/control As required by 10 CFR 50.91(a), the Consideration of Issuance of room ventilation testing; and (3) makes licensee has provided its analysis of the Amendments to Facility Operating minor typographical corrections and issue of no significant hazards editorial changes. Licenses, Proposed No Significant consideration, which is presented Date of publication of individual Hazards Consideration Determination, below. notice in Federal Register: August 29, and Opportunity for a Hearing A. The proposed amendment does not 2000 (65 FR 52449). involve a significant increase in the The following notices were previously Expiration date of individual notice: probability or consequences of an accident published as separate individual September 28, 2000. notices. The notice content was the previously evaluated. FirstEnergy Nuclear Operating same as above. They were published as There are no safety-related systems, Company, et al., Docket No.50–412, components, or radiological waste systems individual notices either because time Beaver Valley Power Station, Unit No. 2, associated with the tamper indicating/line did not allow the Commission to wait Shippingport, Pennsylvania supervision alarms. The proposed change to for this biweekly notice or because the the Physical Security Plan does not involve action involved exigent circumstances. Date of amendment request: May 1, any physical alterations of plant They are repeated here because the 2000, as supplemented July 21, 2000. configuration, changes to setpoints, or Brief description of amendment changes to any operating parameters of the biweekly notice lists all amendments issued or proposed to be issued request: The proposed amendment security system. The proposed change does would: (1) Revise Technical not increase the frequency of the precursors involving no significant hazards to design basis events or operational consideration. Specification (TS) requirements transients analyzed in the Watts Bar Final For details, see the individual notice regarding the minimum number of Safety Analysis Report. * * * Consequently, in the Federal Register on the day and radiation monitoring instrumentation the proposed change does not involve a page cited. This notice does not extend channels required to be operable during significant increase in the probability or the notice period of the original notice. movement of fuel within the consequences of an accident previously containment; (2) revise the Modes in evaluated. FirstEnergy Nuclear Operating which the surveillance specified by B. The proposed amendment does not Company, et al., Docket Nos. 50–334 Table 4.3–3, ‘‘Radiation Monitoring create the possibility of a new or different and 50–412, Beaver Valley Power Instrumentation Surveillance kind of accident from any accident Station, Unit Nos. 1 and 2, Requirements,’’ Item 2.c.ii is required; previously evaluated. Shippingport, Pennsylvania There are no safety-related systems, (3) revise TS 3.9.4, ‘‘Containment components, or radiological waste systems Date of amendment request: May 12, Building Penetrations,’’ to allow both associated with the tamper indicating/line 2000. personnel air lock (PAL) doors and supervision alarms. The proposed change to Brief description of amendment other containment penetrations to be extend the testing frequency cannot create a request: The proposed amendment open during movement of fuel Final Safety Analysis Report type accident. would revise the standard to which the assemblies within containment, * * * Consequently, the proposed change control room ventilation charcoal and provided certain conditions are met; (4) does not create the possibility of a new or supplementary leak collection and revise applicability and action statement different kind of accident from any accident previously evaluated. release system (SLCRS) charcoal must requirements of TS 3.9.4. to be for only C. The proposed amendment does not be laboratory tested as specified in: during movement of fuel assemblies involve a significant reduction in a margin of BVPS–1 Technical Specification (TS) within containment; (5) revise safety. 4.7.7.1.1.c.2 for the control room periodicity and applicability of Implementation of this activity will not emergency habitability systems; BVPS– Surveillance Requirement (SR) 4.9.4.1; reduce the margin of safety in the Technical 1 TS 4.7.8.1.b.3 for the SLCRS; BVPS– (6) revise SR 4.9.4.2 to verify flow rate Specification as there are no Technical 2 TS 4.7.7.1.d for the control room of air to the supplemental leak Specification requirements associated with emergency air cleanup and collection and release system (SLCRS) the physical security system. The proposed pressurization system; and BVPS–2 TS rather than verifying the flow rate amendment to the Physical Security Plan does not change or reduce the effectiveness 4.7.8.1.b.3 for the SLCRS. NRC Generic through the system; (7) add two new of any security/safeguards measures Letter 99–02, ‘‘Laboratory Testing of SRs, 4.9.4.3 and 4.9.4.4, for verification currently in place at WBN. * * * Therefore, Nuclear-Grade Activated Charcoal,’’ and demonstration of SLCRS the proposed change does not involve a dated June 3, 1999, requested licensees operability; (8) modify TS 3/4.9.9 for the significant reduction in a margin of safety. to revise their TS criteria associated containment purge exhaust and
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56958 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices isolation system to be applicable only Duke Energy Corporation, et al., Docket that did not change the scope of the during movement of fuel assemblies Nos. 50–413 and 50–414, Catawba December 16, 1998, or the January 25, within containment; (9) revise Nuclear Station, Units 1 and 2, York 1998, submittals and the proposed no associated TS Bases as well as make County, South Carolina significant hazards consideration editorial and format changes; and, (10) Date of application for amendments: determination. The Commission’s related evaluation revise the BVPS–2 Updated Final Safety April 18, 2000, as supplemented by of the amendments is contained in a Analysis Report (UFSAR) description of letter dated July 27, 2000. Safety Evaluation dated September 6, a fuel-handling accident (FHA) and its Brief description of amendments: The 2000. radiological consequences. The changes amendments revised the Technical to the BVPS–2 UFSAR reflect a revised No significant hazards consideration Specifications (TS) 3.7.10, ‘‘Control comments received: No. FHA analysis that the licensee Room Area Ventilation System,’’ and TS performed to evaluate the potential 3.7.12, ‘‘Auxiliary Building Filtered Entergy Operations, Inc., Docket No. 50– consequences of having containment Ventilation Exhaust System,’’ to 368, Arkansas Nuclear One, Unit No. 2, penetrations and/or the PAL open establish actions to be taken for Pope County, Arkansas during movement of fuel assemblies inoperable ventilation systems due to a Date of application for amendment: within containment. These UFSAR degraded control room pressure January 27, 2000. revisions include potential exclusion boundary or emergency core cooling Brief description of amendment: The area boundary, low population zone, system pump rooms pressure boundary, amendment revised the Technical and control room operator doses as a respectively. Specifications by providing actions result of an FHA. Date of issuance: September 5, 2000. associated with inoperable control room Date of publication of individual Effective date: As of the date of emergency ventilation or cooling notice in Federal Register: August 23, issuance and shall be implemented systems during movement of irradiated 2000 (65 FR 51342). within 30 days from the date of fuel during shutdown modes of Expiration date of individual notice: issuance. operation, when the allowed outage September 22, 2000. Amendment Nos.: 187/180. times associated with these systems are Facility Operating License Nos. NPF– not met. Commonwealth Edison Company, 35 and NPF–52: Amendments revised Date of issuance: August 28, 2000. Docket Nos. STN 50–454 and STN 50– the Technical Specifications. Effective date: As of the date of 455, Byron Station, Unit Nos. 1 and 2, Date of initial notice in Federal issuance to be implemented within 30 Ogle County, Illinois, Docket Nos. STN Register: May 31, 2000 (65 FR 34744). days from the date of issuance. 50–456 and STN 50–457, Braidwood The supplement dated July 27, 2000, Amendment No.: 219. Station, Unit Nos. 1 and 2, Will County, provided additional clarifications that Facility Operating License No. NPF–6: Illinois did not change the scope of the April Amendment revised the Technical Specifications. Date of application for amendments: 18, 2000, application and the initial proposed no significant hazards Date of initial notice in Federal January 20, 2000, as supplemented Register: March 22, 2000 (65 FR 15379). April 3 and July 7, 2000. consideration determination. The Commission’s related evaluation The Commission’s related evaluation Brief description of amendments: The of the amendments is contained in a of the amendment is contained in a amendments revised the technical Safety Evaluation dated September 5, Safety Evaluation dated August 28, specifications to extend the allowable 2000. 2000. completion times associated with No significant hazards consideration No significant hazards consideration restoration of an inoperable emergency comments received: No. comments received: No . diesel generator. The amendments also Entergy Operations, Inc., Docket No. 50– permitted the performance of the Duke Energy Corporation, Docket Nos. 368, Arkansas Nuclear One, Unit No. 2, 24-hour endurance run during Modes 1 50–269, 50–270, and 50–287, Oconee Pope County, Arkansas and 2. Nuclear Station, Units 1, 2, and 3, Date of issuance: September 1, 2000. Oconee County, South Carolina Date of application for amendment: March 8, 2000, as supplemented by Date of application of amendments: Effective date: Effective upon letters dated June 13 and August 15, December 16, 1998; supplemented completion of the plant modifications 2000. cited in the April 3, 2000, submittal. January 25, August 5, and October 4, Brief description of amendment: The Amendment Nos.: 114 and 108. 1999; and March 29 and June 8, 2000. amendment revised Technical Brief description of amendments: The Facility Operating License Nos. NPF– Specification Definition 1.12 , ‘‘Core amendments revised the Technical 37, NPF–66, NPF–72 and NPF–77: The Alteration,’’ to explicitly define core Specifications associated with the High amendments revised the Technical alteration as the movement or Pressure Injection System. Specifications. manipulation of any fuel, sources, or Date of Issuance: September 6, 2000. Date of initial notice in Federal reactivity control components within Effective date: As of the date of the reactor vessel with the vessel head Register: April 19, 2000 (65 FR 21035). issuance and shall be implemented The April 3 and July 7, 2000, submittals removed and fuel in the vessel. within 75 days. Date of issuance: September 7, 2000. provided additional information that Amendment Nos.: 314, 314, & 314. Effective date: As of the date of did not change the initial proposed no Facility Operating License Nos. DPR– issuance to be implemented within 30 significant hazards consideration 38, DPR–47, and DPR–55: Amendments days from the date of issuance. determination. The Commission’s revised the Technical Specifications. Amendment No.: 220. related evaluation of the amendments is Date of initial notice in Federal Facility Operating License No. NPF–6: contained in a Safety Evaluation dated Register: February 24, 1999 (64 FR 9187). Amendment revised the Technical September 1, 2000. The supplements dated August 5 and Specifications. No significant hazards consideration October 4, 1999; and March 29 and June Date of initial notice in Federal comments received: No. 8, 2000, provided clarifying information Register: April 5, 2000 (65 FR 17914).
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The August 15, 2000, supplement Entergy Operations, Inc., Docket No. 50– post-accident design conditions, is withdrew the exclusion clause, 382, Waterford Steam Electric Station, greater than or equal to the required ‘‘excluding coupling/uncoupling of Unit 3, St. Charles Parish, Louisiana flow. The corresponding design basis control element assemblies,’’ from the Date of amendment request: October temperature for post-accident proposed definition in the initial 29, 1999, and as supplemented by letter recombiner operation is included in the application. The June 13 and August 15, dated June 29, 2000. SR because it is required to correct the 2000, supplemental letters provided Brief description of amendment: test flow to the design basis operating clarifying information that was within Entergy Operations, Inc. (licensee) has conditions. In order to support the the scope of the original FEDERAL proposed to revise its Updated Final calculations necessary to confirm the REGISTER notice and did not change Safety Analysis Report (UFSAR) to recombiner blower performance, the the staff’s initial no significant hazards discuss the probability threshold for change included the addition of an consideration determination. when physical protection of safety- equation and associated discussion to the bases. The equation will correct the The Commission’s related evaluation related components from tornado measured test flow to a corresponding of the amendment is contained in a missiles is required for certain components. The proposed changes flow at the design basis operating Safety Evaluation dated September 7, pressure and temperature. In addition to 2000. involve the use of Nuclear Regulatory Commission (NRC) approved the technical change described above, No significant hazards consideration probability risk methodology to assess SR 4.6.4.2.b.3 was modified by comments received: No. the need for additional tornado missile separating the criteria for the system blower performance and heater Entergy Operations, Inc., Docket No. 50– protection and demonstrate that the operation into separate parts of the same 382, Waterford Steam Electric Station, probability of damage due to tornado surveillance to improve the presentation Unit 3, St. Charles Parish, Louisiana missiles striking safety related components is acceptably low. of the requirements. Format and Date of amendment request: July 15, Date of issuance: September 7, 2000. editorial changes were included as 1999, as supplemented by letter dated Effective date: As of the date of necessary to facilitate the revision of the March 29, 2000. issuance and shall be implemented 60 TS text to conform to the current TS days from the date of issuance. page format, and addition of text to the Brief description of amendment: The bases. amendment creates a new Technical Amendment No.: 168. Facility Operating License No. NPF– Date of issuance: September 7, 2000. Specification (TS) for the Main Effective date: As of date of issuance Feedwater Isolation Valves (MFIV) 38: The amendment revised the UFSAR. Date of initial notice in Federal and shall be implemented within 60 Section modeled after the guidelines of days. TS 3.7.3 in NUREG–1432. Additionally, Register: June 14, 2000 (65 FR 37426). The June 29, 2000, supplement Amendment Nos.: 232 and 114. the letter provides for the Nuclear Facility Operating License Nos. DPR– Regulatory Commission staff review of provided clarifying information that did not expand the scope of the original 66 and NPF–73: Amendments revised an unreviewed safety question regarding the Technical Specifications. the crediting of the Reactor Trip Federal Register notice, or change the scope of the initial proposed no Date of initial notice in Federal Override feature and Auxiliary Register: June 14, 2000 (65 FR 37427). Feedwater Pump high discharge significant hazards consideration determination. The Commission’s related evaluation pressure trip as assisting the operation The Commission’s related evaluation of the amendments is contained in a of the MFIV during their required safety of the amendment is contained in a Safety Evaluation dated September 7, function, to close on a Main Steam Safety Evaluation dated September 7, 2000. Isolation Signal. 2000. No significant hazards consideration Date of issuance: September 5, 2000. No significant hazards consideration comments received: No. Effective date: As of the date of comments received: No Notice of Issuance of Amendments to issuance and shall be implemented 60 FirstEnergy Nuclear Operating Facility Operating Licenses days from the date of issuance. Company, et al., Docket Nos. 50–334 During the period since publication of Amendment No.: 167. and 50–412, Beaver Valley Power the last biweekly notice, the Facility Operating License No. NPF– Station, Unit Nos. 1 and 2, Commission has issued the following 38: The amendment revised the Shippingport, Pennsylvania amendments. The Commission has Technical Specifications. Date of application for amendments: determined for each of these Date of initial notice in Federal May 1, 2000. amendments that the application Register: January 26, 2000, (65 FR 4275 Brief description of amendments: The complies with the standards and ). The March 29, 2000, supplement amendments revised the Unit 1 and 2 requirements of the Atomic Energy Act provided clarifying information that did Technical Specification (TS) 3/4.6.4.2 of 1954, as amended (the Act), and the not expand the scope of the original Surveillance Requirement (SR). The Commission’s rules and regulations. Federal Register notice, or change the change allows performance of hydrogen The Commission has made appropriate scope of the initial proposed no recombiner functional test at findings as required by the Act and the significant hazards consideration containment pressures greater than 13 Commission’s rules and regulations in determination. psia. This is accomplished by measuring 10 CFR Chapter I, which are set forth in the flow under normal or current test the license amendment. The Commission’s related evaluation conditions (e.g., atmospheric pressure) Notice of Consideration of Issuance of of the amendment is contained in a and calculating the expected system Amendment to Facility Operating Safety Evaluation dated September 5, performance under design basis License, Proposed No Significant 2000. operating conditions. The surveillance Hazards Consideration Determination, No significant hazards consideration was revised to verify that the and Opportunity for A Hearing in comments received: No. recombiner flow, when corrected to the connection with these actions was
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56960 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices published in the Federal Register as determination. The Commission’s Date of initial notice in Federal indicated. related evaluation of the amendments is Register: February 24, 1999 (64 FR 9187). Unless otherwise indicated, the contained in a Safety Evaluation dated The supplements dated August 5 and Commission has determined that these September 1, 2000. October 4, 1999; and March 29 and June amendments satisfy the criteria for No significant hazards consideration 8, 2000, provided clarifying information categorical exclusion in accordance comments received: No. that did not change the scope of the with 10 CFR 51.22. Therefore, pursuant Duke Energy Corporation, et al., Docket December 16, 1998, or the January 25, to 10 CFR 51.22(b), no environmental Nos. 50–413 and 50–414, Catawba 1998, submittals and the proposed no impact statement or environmental Nuclear Station, Units 1 and 2, York significant hazards consideration assessment need be prepared for these County, South Carolina determination. amendments. If the Commission has The Commission’s related evaluation prepared an environmental assessment Date of application for amendments: of the amendments is contained in a under the special circumstances April 18, 2000, as supplemented by Safety Evaluation dated September 6, provision in 10 CFR 51.12(b) and has letter dated July 27, 2000. 2000. made a determination based on that Brief description of amendments: The No significant hazards consideration assessment, it is so indicated. amendments revised the Technical comments received: No. For further details with respect to the Specifications (TS) 3.7.10, ‘‘Control Entergy Operations, Inc., Docket No. 50– action see (1) the applications for Room Area Ventilation System,’’ and TS 368, Arkansas Nuclear One, Unit No. 2, amendment, (2) the amendment, and (3) 3.7.12, ‘‘Auxiliary Building Filtered Pope County, Arkansas the Commission’s related letter, Safety Ventilation Exhaust System,’’ to Evaluation and/or Environmental establish actions to be taken for Date of application for amendment: Assessment as indicated. All of these inoperable ventilation systems due to a January 27, 2000. items are available for public inspection degraded control room pressure Brief description of amendment: The at the Commission’s Public Document boundary or emergency core cooling amendment revised the Technical Room, the Gelman Building, 2120 L system pump rooms pressure boundary, Specifications by providing actions Street, NW., Washington, DC through respectively. associated with inoperable control room Date of issuance: September 5, 2000. emergency ventilation or cooling September 22, 2000 or at One White Effective date: As of the date of Flint North, 11555 Rockville Pike (first systems during movement of irradiated issuance and shall be implemented fuel during shutdown modes of floor), Rockville, Maryland 20852 within 30 days from the date of effective September 26, 2000, and operation, when the allowed outage issuance. times associated with these systems are electronically from the ADAMS Public Amendment Nos.: 187/180. Library component on the NRC Web Facility Operating License Nos. NPF– not met. Date of issuance: August 28, 2000. site, http://www.nrc.gov (the Electronic 35 and NPF–52: Amendments revised Effective date: As of the date of Reading Room). the Technical Specifications. issuance to be implemented within 30 Commonwealth Edison Company, Date of initial notice in Federal Register: May 31, 2000 (65 FR 34744). days from the date of issuance. Docket Nos. STN 50–454 and STN 50– Amendment No.: 219. 455, Byron Station, Unit Nos. 1 and 2, The supplement dated July 27, 2000, provided additional clarifications that Facility Operating License No. NPF–6: Ogle County, Illinois, Docket Nos. STN Amendment revised the Technical 50–456 and STN 50–457, Braidwood did not change the scope of the April 18, 2000, application and the initial Specifications. Station, Unit Nos. 1 and 2, Will County, Date of initial notice in Federal proposed no significant hazards Illinois Register: March 22, 2000 (65 FR 15379). consideration determination. Date of application for amendments: The Commission’s related evaluation The Commission’s related evaluation January 20, 2000, as supplemented of the amendments is contained in a of the amendment is contained in a April 3 and July 7, 2000. Safety Evaluation dated September 5, Safety Evaluation dated August 28, Brief description of amendments: The 2000. 2000. amendments revised the technical No significant hazards consideration No significant hazards consideration specifications to extend the allowable comments received: No. comments received: No. completion times associated with Entergy Operations, Inc., Docket No. 50– restoration of an inoperable emergency Duke Energy Corporation, Docket Nos. 50–269, 50–270, and 50–287, Oconee 368, Arkansas Nuclear One, Unit No. 2, diesel generator. The amendments also Pope County, Arkansas permitted the performance of the 24- Nuclear Station, Units 1, 2, and 3, hour endurance run during Modes 1 and Oconee County, South Carolina Date of application for amendment: 2. Date of application of amendments: March 8, 2000, as supplemented by Date of issuance: September 1, 2000. December 16, 1998; supplemented letters dated June 13 and August 15, Effective date: Effective upon January 25, August 5, and October 4, 2000. completion of the plant modifications 1999; and March 29 and June 8, 2000. Brief description of amendment: The cited in the April 3, 2000, submittal. Brief description of amendments: The amendment revised Technical Amendment Nos.: 114 and 108. amendments revised the Technical Specification Definition 1.12 , ‘‘Core Facility Operating License Nos. NPF– Specifications associated with the High Alteration,’’ to explicitly define core 37, NPF–66, NPF–72 and NPF–77: Pressure Injection System. alteration as the movement or The amendments revised the Date of Issuance: September 6, 2000. manipulation of any fuel, sources, or Technical Specifications. Effective date: As of the date of reactivity control components within Date of initial notice in Federal issuance and shall be implemented the reactor vessel with the vessel head Register: April 19, 2000 (65 FR 21035). within 75 days. removed and fuel in the vessel. The April 3 and July 7, 2000, submittals Amendment Nos.: 314, 314, and 314. Date of issuance: September 7, 2000. provided additional information that Facility Operating License Nos. DPR– Effective date: As of the date of did not change the initial proposed no 38, DPR–47, and DPR–55: Amendments issuance to be implemented within 30 significant hazards consideration revised the Technical Specifications. days from the date of issuance.
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Amendment No.: 220. No significant hazards consideration applicability of TS Section 3.4.9.3, Facility Operating License No. NPF–6: comments received: No. Overpressure Protection Systems, was Amendment revised the Technical also updated to 15 EFPY, and the Entergy Operations, Inc., Docket No. 50– Specifications. maximum allowable power-operated 382, Waterford Steam Electric Station, Federal relief valve setpoints for the over Date of initial notice in Unit 3, St. Charles Parish, Louisiana Register April 5, 2000 (65 FR 17914). pressure protection system were The August 15, 2000, supplement Date of amendment request: October revised. Revisions to the TS Bases were withdrew the exclusion clause, 29, 1999, and as supplemented by letter also made. ‘‘excluding coupling/uncoupling of dated June 29, 2000. Date of issuance: September 6, 2000. control element assemblies,’’ from the Brief description of amendment: Effective date: As of date of issuance proposed definition in the initial Entergy Operations, Inc. (licensee) has and shall be implemented within 60 application. The June 13 and August 15, proposed to revise its Updated Final days. 2000, supplemental letters provided Safety Analysis Report (UFSAR) to Amendment No: 113. clarifying information that was within discuss the probability threshold for Facility Operating License No. NPF– the scope of the original Federal when physical protection of safety- 73. Amendment revised the Technical Register notice and did not change the related components from tornado Specifications. Date of initial notice in Federal staff’s initial no significant hazards missiles is required for certain Register: November 17, 1999, (64 FR consideration determination. components. The proposed changes 62707). The September 15, 1999, and The Commission’s related evaluation involve the use of Nuclear Regulatory February 15, and June 29, 2000, letters of the amendment is contained in a Commission (NRC) approved provided supplemental and revised Safety Evaluation dated September 7, probability risk methodology to assess information, but did not change the 2000. the need for additional tornado missile initial proposed no significant hazards No significant hazards consideration protection and demonstrate that the consideration determination or expand comments received: No. probability of damage due to tornado missiles striking safety related the amendment beyond the scope of the Entergy Operations, Inc., Docket No. 50– components is acceptably low. initial notice. 382, Waterford Steam Electric Station, Date of issuance: September 7, 2000. The Commission’s related evaluation Unit 3, St. Charles Parish, Louisiana Effective date: As of the date of of the amendment is contained in a Safety Evaluation dated September 6, Date of amendment request: July 15, issuance and shall be implemented 60 days from the date of issuance. 2000. 1999, as supplemented by letter dated No significant hazards consideration March 29, 2000. Amendment No.: 168. Facility Operating License No. NPF– comments received: No. Brief description of amendment: The 38: The amendment revised the UFSAR. amendment creates a new Technical FirstEnergy Nuclear Operating Date of initial notice in Federal Specification (TS) for the Main Company, et al., Docket Nos. 50–334 Register: June 14, 2000 (65 FR 37426). and 50–412, Beaver Valley Power Feedwater Isolation Valves (MFIV) The June 29, 2000, supplement Section modeled after the guidelines of Station, Unit Nos. 1 and 2, provided clarifying information that did Shippingport, Pennsylvania. TS 3.7.3 in NUREG–1432. Additionally, not expand the scope of the original the letter provides for the Nuclear Federal Register notice, or change the Date of application for amendments: Regulatory Commission staff review of scope of the initial proposed no May 1, 2000. an unreviewed safety question regarding significant hazards consideration Brief description of amendments: The the crediting of the Reactor Trip determination. amendments revised the Unit 1 and 2 Override feature and Auxiliary The Commission’s related evaluation Technical Specification (TS) 3/4.6.4.2 Feedwater Pump high discharge of the amendment is contained in a Surveillance Requirement (SR). The pressure trip as assisting the operation Safety Evaluation dated September 7, change allows performance of hydrogen of the MFIV during their required safety 2000. recombiner functional test at function, to close on a Main Steam No significant hazards consideration containment pressures greater than 13 Isolation Signal. comments received: No. psia. This is accomplished by measuring Date of issuance: September 5, 2000. the flow under normal or current test Effective date: As of the date of FirstEnergy Nuclear Operating conditions (e.g., atmospheric pressure) issuance and shall be implemented 60 Company, et al., Docket No. 50–412, and calculating the expected system days from the date of issuance. Beaver Valley Power Station, Unit 2, performance under design basis Amendment No.: 167. Shippingport, Pennsylvania operating conditions. The surveillance Facility Operating License No. NPF– Date of application for amendment: was revised to verify that the 38: The amendment revised the June 17, 1999, as supplemented recombiner flow, when corrected to the Technical Specifications. September 15, 1999, and February 15, post-accident design conditions, is Date of initial notice in Federal and June 29, 2000. greater than or equal to the required Register: January 26, 2000 (65 FR 4275). Brief description of amendment: The flow. The corresponding design basis The March 29, 2000, supplement amendment revised Technical temperature for post-accident provided clarifying information that did Specifications (TSs) Section 3.4.9.1 and recombiner operation is included in the not expand the scope of the original associated figures to extend the SR because it is required to correct the Federal Federal Register notice, or applicability of the heatup and test flow to the design basis operating change the scope of the initial proposed cooldown curves from 10 Effective Full conditions. In order to support the no significant hazards consideration Power Years (EFPY) to 15 EFPY. The calculations necessary to confirm the determination. changes included new heatup and recombiner blower performance, the The Commission’s related evaluation cooldown curves developed in change included the addition of an of the amendment is contained in a accordance with the methodology equation and associated discussion to Safety Evaluation dated September 5, provided in Regulatory Guide 1.99, the bases. The equation will correct the 2000. Revision 2, and Code Case N–640. The measured test flow to a corresponding
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56962 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices flow at the design basis operating Safety Evaluation dated September 7, Pacific Gas and Electric Company, pressure and temperature. In addition to 2000. Docket No. 50–133, Humboldt Bay the technical change described above, No significant hazards consideration Power Plant, Unit 3, Humboldt County, SR 4.6.4.2.b.3 was modified by comments received: No. California separating the criteria for the system FirstEnergy Nuclear Operating Date of application for amendment: blower performance and heater Company, Docket No. 50–440, Perry December 1, 1999 operation into separate parts of the same Nuclear Power Plant, Unit 1, Lake Brief description of amendment: The surveillance to improve the presentation County, Ohio amendment revised the technical of the requirements. Format and specifications (TS) to reflect relocation Date of application for amendment: editorial changes were included as of fire protection requirements from the June 17, 1999, as supplemented by necessary to facilitate the revision of the TS to the Defueled Safety Analysis letters dated January 17, March 1, March TS text to conform to the current TS Report, quality assurance audit page format, and addition of text to the 20, May 9, and August 21, 2000. Brief description of amendment: This requirements from the TS to the Quality bases. Assurance Plan and modification of the Date of issuance: September 7, 2000. amendment revised multiple surveillance requirements to support a administrative controls section of the TS Effective date: As of date of issuance to reflect the current facility and shall be implemented within 60 24-month operating cycle. Date of issuance: August 29, 2000. organization. days. Date of issuance: August 31, 2000. Amendment Nos.: 232 and 114. Effective date: As of the date of issuance and shall be implemented Effective date: August 31, 2000, and Facility Operating License Nos. DPR– shall be implemented no later than 60 66 and NPF–73: Amendments revised within 90 days. Amendment No.: 115. days from the date of issuance. the Technical Specifications. Implementation shall include the Federal Facility Operating License No. NPF– Date of initial notice in relocation of technical specification Register: 58: This amendment revised the June 14, 2000 (65 FR 37427). requirements to the appropriate The Commission’s related evaluation Technical Specifications. licensee-controlled document as of the amendments is contained in a Date of initial notice in Federal identified in the licensee’s application Safety Evaluation dated September 7, Register: August 25, 1999 (64 FR 46438). The supplemental information dated December 1, 1999, and reviewed 2000. in the staff’s safety evaluation dated No significant hazards consideration contained clarifying information and August 31, 2000. comments received: No. did not change the initial no significant hazards consideration determination Amendment No.: 33. FirstEnergy Nuclear Operating and did not expand the scope of the Facility Operating License No. DPR–7: Company, et al., Docket Nos. 50–334 original Federal Register notice. The amendment revised the Technical and 50–412, Beaver Valley Power The Commission’s related evaluation Specifications. Station, Unit Nos. 1 and 2, of the amendment is contained in a Date of initial notice in Federal Shippingport, Pennsylvania Safety Evaluation dated August 29, Register: January 12, 2000 (65 FR 1927). The Commission’s related evaluation Date of application for amendments: 2000. No significant hazards consideration of the amendment is contained in a July 20, 1999. Safety Evaluation dated August 31, Brief description of amendments: The comments received: No. 2000. amendments relocated the following Niagara Mohawk Power Corporation, No significant hazards consideration Technical Specification (TS) items to Docket No. 50–410, Nine Mile Point comments received: No. the Licensing Requirements Manual: Nuclear Station, Unit 2, Oswego County, In-core Detectors (Unit 1 and 2), New York PECO Energy Company, Public Service Electric and Gas Company Delmarva Chlorine Detection System (Unit 1 and Date of application for amendment: 2) Power and Light Company, and Atlantic July 14, 2000. City Electric Company, Docket Nos. 50– Turbine Over-speed Protection (Unit 2 Brief description of amendment: The 277 and 50–278, Peach Bottom Atomic only), amendment changes the Power Station, Unit Nos. 2 and 3, York Crane Travel Spent Fuel Pool Building implementation dates of the Improved County, Pennsylvania (Unit 1 and 2). Technical Specifications, previously Additionally, certain information on issued by Amendment No. 91, and Date of application for amendments: the Remote Shutdown Panel Monitoring requirements for the Oscillation Power July 1, 1999, as supplemented August Instrumentation was moved to the Range Monitor, previously issued by 11 and September 1, 1999. Updated Final Safety Analysis Report. Amendment No. 92, from August 31, Brief description of amendments: The Finally, additions to the TS Bases, and 2000, to December 31, 2000. amendments revise the licenses to certain editorial and format changes Date of issuance: August 29, 2000. reflect changes related to the transfer of were made. Effective date: As of the date of the license for the Peach Bottom Atomic Date of issuance: September 7, 2000. issuance to be implemented no later Power Station, Units 2 and 3, to the Effective date: As of date of issuance than December 31, 2000. extent held by Public Service Electric and shall be implemented within 90 Amendment No.: 94. and Gas Company, to PSEG Nuclear days. Facility Operating License No. NPF– Limited Liability Company. Amendment Nos.: 233 and 115. 69: Amendment revised the Operating Date of issuance: August 21, 2000. Facility Operating License Nos. DPR– License. Effective date: As of date of issuance, 66 and NPF–73: Amendments revised Date of initial notice in Federal to be implemented within 30 days. the Technical Specifications. Register: July 27, 2000 (65 FR 46183). Amendments Nos.: 234 and 238. Date of initial notice in Federal The staff’s related evaluation of the Facility Operating License Nos. DPR– Register: November 17, 1999 (64 FR amendment is contained in a Safety 44 and DPR–56: The amendments 62709). Evaluation dated August 29, 2000. revised the License. The Commission’s related evaluation No significant hazards consideration Date of initial notice in Federal of the amendments is contained in a comments received: No. Register: August 5, 1999 (64 FR 42728).
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The August 11 and September 1, 1999, Facility Operating License No. NPF– Section XI, Subsection IWL (1992 supplements provided clarifying 12: Amendment revises the Technical Edition with 1992 Addenda) and the information that did not change the Specifications. five additional provisions found in 10 initial proposed no significant hazards Date of initial notice in Federal CFR 50.55a(b)(2)(viii). consideration determination or expand Register: May 3, 2000 (65 FR 25768). Date of issuance: September 6, 2000. the scope of the original Federal The Commission’s related evaluation Effective date: September 6, 2000. Register notice. of the amendment is contained in a Amendment No.: 148. The Commission’s related evaluation Safety Evaluation dated August 29, Facility Operating License No. NPF– of the amendments is contained in a 2000. 12: Amendment revises the Technical Safety Evaluation dated February 16, No significant hazards consideration Specifications. 2000. comments received: No. Date of initial notice in Federal Register: February 23, 2000 (65 FR No significant hazards consideration South Carolina Electric & Gas Company, comments received: No. 9010). The August 25, 2000, supplement South Carolina Public Service revised the proposed wording of Bases PECO Energy Company, PSEG Nuclear Authority, Docket No. 50–395, Virgil C. Section 3/4.6.1.6 and TS 6.8.4.h to LLC, Delmarva Power and Light Summer Nuclear Station, Unit No. 1, clarify the reporting requirements; Company, and Atlantic City Electric Fairfield County, South Carolina clarification did not impact the initial Company; Docket Nos. 50–277 and 50– Date of application for amendment: no significant hazards consideration 278, Peach Bottom Atomic Power April 6, 2000. determination. Station, Unit Nos. 2 and 3, York County, Brief description of amendment: This The Commission’s related evaluation Pennsylvania amendment proposes to modify the of the amendment is contained in a Date of application for amendments: pressure testing requirements for the Safety Evaluation dated September 6, May 31, 2000, as supplemented August American Society of Mechanical 2000. No significant hazards consideration 18, 2000. Engineers (ASME) Code portions of the comments received: No. Brief description of amendments: The diesel fuel oil system that currently amendments revise the Peach Bottom require a hydrostatic test every 10 years Southern California Edison Company, et Atomic Power Station, Units 2 and 3, at 110% of system design pressure. The al., Docket Nos. 50–361 and 50–362, Technical Specifications Surveillance revision would allow ASME Code Class San Onofre Nuclear Generating Station, Requirement 3.6.1.3.11 to allow a 3 portions of the diesel fuel oil system Units 2 and 3, San Diego County, representative sample of reactor to be pressure tested in accordance with California instrumentation line excess flow check Section XI of the Code as required by Date of application for amendments: valves (EFCVs) to be tested every 24 Technical Specification 4.0.5. This will November 8, 1999 (PCN–454), as months, instead of testing each EFCV permit the use of Code Case N–498–1 as supplemented March 16 and May 24, every 24 months. accepted by Regulatory Guide 1.147, 2000. Date of issuance: September 8, 2000. Revision 12, for assessment of the diesel Brief description of amendments: The Effective date: As of date of issuance, fuel oil system pressure boundary amendments revise Surveillance to be implemented within 30 days. integrity. Requirement (SR) 3.8.1.18 of Technical Amendments Nos.: 235 & 239. Date of issuance: August 29, 2000. Specification (TS) 3.8.1, ‘‘A.C. Facility Operating License Nos. DPR– Effective date: August 29, 2000. Sources—Operating.’’ The amendments 44 and DPR–56: The amendments Amendment No.: 147. revise the SR to read: Verify the timing revised the Technical Specifications. Facility Operating License No. NPF– of each sequenced load block is within Date of initial notice in Federal 12: Amendment revises the Technical its timer setting plus or minus 10% or Register: August 9, 2000 (65 FR 48756). Specifications. plus or minus 2.5 seconds, whichever is The August 18, 2000, letter provided Date of initial notice in Federal greater, with the exception of the 5 clarifying information that did not Register: May 3, 2000 (65 FR 25768). second load group which is minus 0.5, change the initial proposed no The Commission’s related evaluation plus 2.5 seconds, for each programmed significant hazards consideration of the amendment is contained in a time interval load sequence. determination. The Commission’s Safety Evaluation dated August 29, Date of issuance: September 1, 2000. related evaluation of the amendments is 2000. Effective date: September 1, 2000, to contained in a Safety Evaluation dated No significant hazards consideration be implemented within 30 days of September 8, 2000. comments received: No. issuance. No significant hazards consideration South Carolina Electric & Gas Company, Amendment Nos.: Unit 2–169; Unit comments received: No. South Carolina Public Service 3–160. Authority, Docket No. 50-395, Virgil C. Facility Operating License Nos. NPF– South Carolina Electric & Gas Company, 10 and NPF–15: The amendments South Carolina Public Service Summer Nuclear Station, Unit No. 1, Fairfield County, South Carolina revised the Technical Specifications. Authority, Docket No. 50–395, Virgil C. Date of initial notice in Federal Summer Nuclear Station, Unit No. 1, Date of application for amendment: Register: December 1, 1999 (64 FR Fairfield County, South Carolina January 5, 2000, as supplemented 67339). Date of application for amendment: August 25, 2000. The supplemental letters dated March April 6, 2000. Brief description of amendment: This 16 and May 24, 2000, provided Brief description of amendment: This amendment changes Technical clarifying information that was within amendment eliminates the response Specification (TS) 3/4 6.1.6, including the scope of the original application and time testing of the Reactor Trip System its Bases, and adds TS 6.8.4.h. The Federal Register notice and did not and the Engineered Safety Feature changes support the new requirements change the staff’s initial proposed no Actuation System. of 10 CFR 50.55a, which require significant hazards consideration Date of issuance: August 29, 2000. licensees to update their Containment determination. Effective date: August 29, 2000. Vessel Structural Integrity Programs to The Commission’s related evaluation Amendment No.: 146. incorporate the provisions of ASME of the amendments is contained in a
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Safety Evaluation dated September 1, Tennessee Valley Authority, Docket No. Vermont Yankee Nuclear Power 2000. 50–390, Watts Bar Nuclear Plant, Unit 1, Corporation, Docket No. 50–271, No significant hazards consideration Rhea County, Tennessee. Vermont Yankee Nuclear Power Station, Vernon, Vermont. comments received: No. Date of application for amendment: Southern Nuclear Operating Company, April 10, 2000, as supplemented August Date of application for amendment: Inc., Georgia Power Company, 9, 2000. December 14, 1999. Oglethorpe Power Corporation, Brief description of amendment: Brief description of amendment: The Municipal Electric Authority of Georgia, Revision of Technical. Specifications amendment relocates procedural details City of Dalton, Georgia, Docket Nos. 50– (TS) to allow use of the F-star (F*) related to the Radiological 321 and 50–366, Edwin I. Hatch Nuclear alternate repair criterion for degraded Environmental Technical Specifications Plant, Units 1 and 2, Appling County, steam generator tubes. (TSs) to certain licensee-controlled Georgia Date of issuance: September 8, 2000. documents. Date of Issuance: August 24, 2000. Effective date: September 8, 2000. Date of application for amendments: Effective date: As of the date of June 1, 2000. Amendment No.: 27. issuance, and shall be implemented Brief description of amendments: The Facility Operating License No. NPF– within 60 days. amendments revise the reactor vessel 90: Amendment revises the TS. Amendment No.: 193. pressure and temperature limit curves Date of initial notice in Federal Facility Operating License No. DPR– that are in the Technical Specifications. Register: May 31, 2000 (65 FR 34750). 28: Amendment revised the Technical Date of issuance: August 29, 2000. The August 9, 2000, letter provided Specifications. clarifying information that did not Date of initial notice in Federal Effective date: As of the date of change the initial proposed no Register: February 9, 2000 (65 FR 6412). issuance and shall be implemented significant hazards consideration The Commission’s related evaluation within 30 days from the date of determination. of this amendment is contained in a issuance. The Commission’s related evaluation Safety Evaluation dated August 24, Amendment Nos.: 222 and 163. of the amendment is contained in a 2000. Facility Operating License Nos. DPR– Safety Evaluation dated September 8, No significant hazards consideration 57 and NPF–5: Amendments revised the 2000. comments received: No. Technical Specifications. No significant hazards consideration Dated at Rockville, Maryland, this 14th day Date of initial notice in Federal comments received: No. of September 2000. Register: June 28, 2000 (65 FR 39960). TXU Electric, Docket Nos. 50–445 and For the Nuclear Regulatory Commission. The Commission’s related evaluation 50–446, Comanche Peak Steam Electric John A. Zwolinski, of the amendments is contained in a Station, Unit Nos. 1 and 2, Somervell Director, Division of Licensing Project Safety Evaluation dated August 29, County, Texas. Management Office of Nuclear Reactor 2000. Regulation. No significant hazards consideration Date of amendment request: May 25, [FR Doc. 00–24021 Filed 9–19–00; 8:45 am] comments received: No. 2000. BILLING CODE 7590±01±P Brief description of amendments: The Tennessee Valley Authority, Docket amendments revise the Technical Nos. 50–327 and 50–328, Sequoyah Specifications (TS) to allow certain NUCLEAR REGULATORY Nuclear Plant, Units 1 and 2, Hamilton reactor containment building COMMISSION County, Tennessee penetrations to be open during refueling Staff Meetings Open to the Public: Date of application for amendments: activities under appropriate Final Policy Statement June 22, 2000. administrative controls. Specifically, this revision fully adopts the NRC- Brief description of amendments: AGENCY: Nuclear Regulatory approved TS Task Force (TSTF) These amendments revise the Technical Commission. Traveler TSTF–312, Revision 1, by Specifications (TS) to remove the adding a Note to TS 3.9.4.c denoting ACTION: Final Policy Statement. applicability of core alteration this provision, to clarify the use of this requirements from those TS that are SUMMARY: The Nuclear Regulatory allowance. designed to mitigate the consequences Commission is finalizing revisions to its of a fuel handling accident. The Date of issuance: September 5, 2000. ‘‘Policy Statement on Staff Meetings applicable TS bases are also revised. Effective date: As of the date of Open to the Public,’’ to state that public Date of issuance: August 28, 2000. issuance and shall be implemented notice of meetings will be provided within 30 days from the date of primarily through the NRC Web site at Effective date: August 28, 2000. issuance. http://www.nrc.gov. NRC will also Amendment Nos.: 260 and 251. Amendment Nos.: 78 and 78. discontinue announcing public Facility Operating License Nos. DPR– Facility Operating License Nos. NPF– meetings, changes, and cancellations 77 and DPR–79: Amendments revise the 87 and NPF–89: The amendments through its public meeting notice TS. revised the TSs. system electronic bulletin board, and Date of initial notice in Federal Date of initial notice in Federal telephone recording, and through the Register: July 26, 2000 (65 FR 46017). Register: July 12, 2000 (65 FR 43053). Weekly Compilation of Press Releases The Commission’s related evaluation The Commission’s related evaluation and posting in the NRC’s Public of the amendment is contained in a of the amendments is contained in a Document Room. Safety Evaluation dated August 28, Safety Evaluation dated September 5, EFFECTIVE DATE: September 20, 2000. 2000. 2000. FOR FURTHER INFORMATION CONTACT: No significant hazards consideration No significant hazards consideration Rosetta O. Virgilio, Office of the comments received: No. comments received: No. Executive Director for Operations, U.S.
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Nuclear Regulatory Commission, information practicable on its activities attendance at a specific type of meeting. Washington, DC 20555–0001, and of conducting business in an open For example, 10 CFR Part 7 specifically Telephone: 301–415–2307; manner, while balancing the need for addresses public attendance at advisory email:[email protected] the NRC staff to exercise its regulatory committee meetings; and 10 CFR Part 9, ADDITIONAL INFORMATION: The NRC and safety responsibilities without Subpart C, addresses public attendance solicited public comment on the undue administrative burden. This at Commission meetings. The policy proposed revisions to the Policy policy also announces central agency also does not negate existing Statement in the January 25, 2000 services available to the public for Memoranda of Understanding, Federal Register (65 FR 3982). All four obtaining schedules for the staff procedural agreements, or other formal comment letters received supported the meetings that are open to public agreements or requirements regarding revisions; three of the four attendance. Implementing guidance will the accessibility of the public to observe recommended improvements to the be issued to the NRC staff as a or participate in meetings between NRC NRC Web site for noticing public management directive. This meeting and its licensees or any other entities. In meetings. The NRC’s Office of the Chief policy is a matter of NRC discretion and addition, the policy does not apply to Information Officer is planning to may be departed from as NRC meetings involving enforcement matters develop a Web-based public meeting convenience and necessity may dictate. under 10 CFR Part 2, Appendix C nor system to replace the existing system to settlement conferences. B. Definition used to schedule and track meeting 2. In general, meetings between the notices and cancellations. The proposed A public meeting is a planned, formal NRC staff and outside persons will be new system will allow the staff to encounter open to public observation classified as public meetings unless the implement all of the commenters between one or more NRC staff members NRC staff determines that the subject suggestions. Copies of the comment and one or more outside persons matter to be discussed— letters can be viewed at the NRC Public physically present at a single meeting a. Is specifically authorized by an Document Room located at 2120 L site, with the expressed intent of Executive Order to be kept secret in the Street, NW. (Lower Level), Washington, discussing substantive issues that are interests of national defense or foreign DC. directly associated with the NRC’s policy (classified information) or The text of the revised Policy regulatory and safety responsibilities. specifically exempted from public Statement follows in its entirety. The An outside person is any individual disclosure by statute; final Policy Statement contains a who is not: b. Contains trade secrets and revised Section D, identifying the NRC a. An NRC employee; commercial or financial information Web site as the primary mechanism for b. Under contract to the NRC; (proprietary information); announcing staff meetings open to the c. Acting in an official capacity as a c. Contains safeguards information; public. The electronic bulletin board consultant to the NRC; d. Is of a personal nature where such and automated telephone recording will d. Acting in an official capacity as a disclosure would constitute a clearly be eliminated. Members of the public representative of an agency of the unwarranted invasion of personal who do not have access to the Internet executive, legislative, or judicial branch privacy; can contact the NRC’s Public Document of the U.S. Government (except when e. Is related to a planned, ongoing, or Room staff at 800–397–4209 for the agency is subject to NRC regulatory completed investigation and/or contains information on scheduled meetings. oversight); information compiled for law e. Acting in an official capacity as a Other changes to Section D of the Policy enforcement purposes; representative of a foreign government; Statement make it consistent with f. Could result in the inappropriate f. Acting in an official capacity as a disclosure and dissemination of current NRC staff guidance and representative of a State or local procedures, as discussed in the preliminary, unverified information; government (except when specific NRC g. Is a general information exchange proposed Policy Statement notice. licensing or regulatory matters are having no direct, substantive connection These changes include: revising the discussed). to a specific NRC regulatory decision or statement that a meeting notice should action; C. Applicability and Exemptions be provided to the Meeting h. Indicates that the administrative Announcement Coordinator at least 10 1. This policy applies solely to NRC burden associated with public days before a meeting to state that staff-sponsored and conducted meetings attendance at the meeting could result meeting notices will be provided to the and not to meetings conducted by in interfering with the NRC staff’s public as soon as meeting arrangements outside entities that NRC staff members execution of its safety and regulatory have been made, generally no fewer might attend and participate in. It does responsibilities, such as when the than 10 calendar days before the not apply to the Commission or offices meeting is an integral part of the meeting; and eliminating the current 60 that report directly to the Commission. execution of the NRC inspection day limit on the announced schedule of Similarly, it does not apply to meetings program. future meetings. between the NRC staff and It is important to note that whether or IV. Commission Policy Statement on representatives of State governments, not a meeting should be open for public Staff Meetings Open to the Public including Agreement State attendance is dependent primarily on representatives, relating to NRC the subject matter to be discussed, not A. Purpose Agreement State activities or to State who outside nor who within the NRC This statement presents the policy regulatory actions or to other matters of staff is participating (e.g., staff level that the Nuclear Regulatory Commission general interest to the State or to the versus senior management). (NRC) staff will follow in opening Commission, that is, matters other than Also note that meetings between staff meetings between the NRC staff and one specific NRC licensing or regulatory and licensees or trade groups to discuss or more outside persons to public actions involving specific licensees. technical issues or licensee performance observation. The policy continues Also, the policy is not intended to apply would normally be open because they NRC’s longstanding practice of to or supersede any existing law, rule or may lead to a specific regulatory providing the public with the fullest regulation that addresses public decision or action. However, should a
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56966 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices meeting involving a general information hereby reports that it has submitted its Schedule C exchange be closed and should Sequestration Update Report to the The following Schedule C authorities discussions during such a meeting President, the Speaker of the House of were established during July 2000: approach issues that might lead to a Representatives, and the President of specific regulatory decision or action, the Senate. Commission on Civil Rights the NRC staff may advise the meeting FOR FURTHER INFORMATION CONTACT: Special Assistant to the attendees that such matters cannot be Sarah Lee, Budget Analysis Branch— Commissioner. Effective July 28, 2000. discussed in a closed meeting and 202/395–3674. Department of Agriculture propose discussing the issues in a future Dated: September 13, 2000. open meeting. Robert L. Nabors, II, Staff Assistant to the Deputy Chief of D. Notice to the Public Executive Assistant and Assistant Director Staff. Effective July 6, 2000. Confidential Assistant to the Deputy 1. Meeting announcement information for Administration. [FR Doc. 00–24104 Filed 9–19–00; 8:45 am] Under Secretary, Rural Development. is to be provided to the public as soon Effective July 12, 2000. as the staff is certain that a meeting will BILLING CODE 3110±01±U Confidential Assistant to the Assistant be held and firm date, time, and facility Secretary for Administration. Effective arrangements have been made, but July 24, 2000. generally no fewer than 10 calendar OFFICE OF PERSONNEL days before the meeting. Where a MANAGEMENT Department of Commerce meeting must be scheduled but cannot Excepted Service Special Assistant to the Under be announced 10 calendar days in Secretary for Technology. Effective July advance, the staff will provide as much AGENCY: Office of Personnel 24, 2000. advance notice as possible. Public Management. Senior Advisor to the Deputy notice of meetings will be made via the ACTION: Notice. Assistant Secretary for Technology and Internet from the NRC Web site at http:/ Aerospace Industries. Effective July 24, /www.nrc.gov. Meeting changes or SUMMARY: This gives notice of positions 2000. cancellations will also be announced placed or revoked under Schedules A Senior Advisor to the Senior Advisor promptly on the NRC Web site. Meeting and B, and placed under Schedule C in to the Secretary, National Oceanic and notices, changes to meetings, and the excepted service, as required by Atmospheric Administration. Effective cancellations will be updated each Civil Service Rule VI, Exceptions from July 25, 2000. working day, if required, on the NRC the Competitive Service. Web site. Members of the public who FOR FURTHER INFORMATION CONTACT: Pam Department of Defense cannot access the NRC Web site can Shivery, Director, Washington Service Special Assistant for Cleanup Policy contact the NRC Public Document Room Center, Employment Service (202) 606– to the Assistant Deputy Under Secretary staff via a toll free number for 1015. of Defense for Environmental Cleanup. information on scheduled NRC SUPPLEMENTARY INFORMATION: The Office Effective July 12, 2000. meetings. of Personnel Management published its Personal and Confidential Assistant to 2. Meeting announcements will last monthly notice updating appointing the General Counsel. Effective July 27, include the date, time, and location of authorities established or revoked under 2000. the meeting, as well as its purpose, the the Excepted Service provisions of 5 Department of Education NRC office(s) and outside participant(s) CFR 213 on August 4, 2000 (65 FR in attendance, and the name and 48019). Individual authorities Special Assistant to the Chief of Staff. telephone number of the NRC contact established or revoked under Schedules Effective July 12, 2000. for the meeting. A and B and established under Confidential Assistant to the Director, Dated at Rockville, Maryland, this 14th day Schedule C between July 1, 2000, and Office of Educational Technology. of September, 2000. July 31, 2000, appear in the listing Effective July 21, 2000. For the Nuclear Regulatory Commission. below. Future notices will be published Confidential Assistant to the Director Annette Vietti-Cook, on the fourth Tuesday of each month, or of Scheduling and Briefing Staff. Secretary to the Commission. as soon as possible thereafter. A Effective July 24, 2000. [FR Doc. 00–24161 Filed 9–19–00; 8:45 am] consolidated listing of all authorities as Department of Energy of June 30 will also be published. BILLING CODE 7590±01±P Director of Special Projects to the Schedule A Deputy Assistant Secretary, Office of The following Schedule A authority Planning, Policy and Budget. Effective OFFICE OF MANAGEMENT AND was established for July 2000: July 24, 2000. BUDGET Court Services and Offender Department of Housing and Urban Supervision Agency of the District of Budget Analysis Branch; Development Sequestration Update Report Columbia: All positions, except for the Director, established to create the Court Special Counsel to the General AGENCY: Office of Management and Services and Offender Supervision Counsel. Effective July 31, 2000. Budget—Budget Analysis Branch. Agency of the District of Columbia. No Department of Labor ACTION: Notice of transmittal of new appointments may be made under sequestration update report to the this authority after September 30, 2001. Secretary’s Representative to the President and Congress. No Schedule A authorities were Assistant Secretary, Office of revoked July 2000. Congressional and Intergovernmental SUMMARY: Pursuant to section 254(b) of Affairs. Effective July 7, 2000. the Balanced Budget and Emergency Schedule B Chief of Staff to the Assistant Control Act of 1985, as amended, the No Schedule B authorities were Secretary for Employment and Training. Office of Management and Budget established or revoked during July 2000. Effective July 12, 2000.
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Chief of Staff to the Assistant premium payments made under certain ADDRESSES: Secretary, Securities and Secretary, Employment Standards deferred variable annuity contracts. Exchange Commission, 450 Fifth Street, Administration. Effective July 21, 2000. N.W., Washington, D.C. 20549–0609. Intergovernmental Officer to the Applicants: PFL Life Insurance Applicants, c/o Frank A. Camp, Esquire, Assistant Secretary for Congressional Company (‘‘PFL’’), PFL Life Variable PFL Life Insurance Company, 4333 and Intergovernmental Affairs. Effective Annuity Account C (‘‘PFL Account’’), Edgewood Road, NE, Cedar Rapids, July 24, 2000. AFSG Securities Corporation (‘‘AFSG’’), Iowa 52499; Thomas E. Pierpan, Esq., Intergovernmental Officer to the Transamerica Life Insurance and Western Reserve Life Assurance Co. of Assistant Secretary, Office of Annuity Company (‘‘Transamerica’’), Ohio, 570 Carillon Parkway, St. Congressional and Intergovernmental Separate Account VA–6 (‘‘Transamerica Petersburg, Florida 33716–1202; and Affairs. Effective July 26, 2000. Account’’), Transamerica Securities Regina Fink, Esq., Transamerica Life Special Assistant to the Chief of Staff. Sales Corporation (‘‘TSSC’’), Western Insurance and Annuity Company, 1150 Effective July 31, 2000. Reserve Life Assurance Co. of Ohio South Olive, Los Angeles, California (‘‘Western Reserve’’), and WRL Series Department of Transportation 90015–2211. Copies to Frederick R. Annuity Account (‘‘WRL Account’’) Bellamy, Esquire, Sutherland Asbill & Special Assistant to the Deputy (collectively, the ‘‘Applicants’’). PFL, Brennan LLP, 1275 Pennsylvania Administrator, Federal Aviation Transamerica, and Western Reserve are Avenue, N.W., Washington, D.C. 20004– Administration. Effective July 13, 2000. together referenced herein as the 2415. Senior Policy Advisor to the Secretary ‘‘Companies.’’ PFL Account, FOR FURTHER INFORMATION CONTACT: of Transportation. Effective July 28, Transamerica Account, and WRL Ronald A. Holinsky, Senior Counsel or 2000. Account are together referenced herein Lorna MacLeod, Branch Chief, Office of Department of the Treasury as the ‘‘Accounts,’’ or individually as an Insurance Products, Division of ‘‘Account.’’ Special Assistant to the Deputy Investment Management, at (202) 942– SUMMARY OF APPLICATION: Applicants 0670. Secretary of the Treasury. Effective July seek an order of the Commission under 11, 2000. Section 6(c) of the 1940 Act to the SUPPLEMENTARY INFORMATION: The Senior Advisor to the Assistant extent necessary to permit, under following is a summary of the Secretary (Economic Policy). Effective specified circumstances, the recapture application. The complete application July 28, 2000. of a bonus credit previously applied to may be obtained for a fee from the Commission’s Public Reference Branch, National Endowment for the Humanities premium payments made under: (i) deferred variable annuity contracts that 450 Fifth Street, N.W., Washington, D.C. Director, Office of Public Affairs to the Companies will issue through the 20549–0102 (tel. (202) 942–8090). the Chief of Staff. Effective July 13, Accounts (‘‘Policies’’), and (ii) deferred 2000. Applicant’s Representations variable annuity contracts that the 1. PFL, a stock life insurance Small Business Administration Companies, and any other separate company incorporated under the laws of account of the Companies, or their Counselor to the Administrator. the State of Iowa, is a wholly-owned successors in interest, may issue in the Effective July 11, 2000. indirect subsidiary of AEGON USA, future that are substantially similar to Inc., which conducts substantially all of United States Tax Court the contracts in all material respects its operations through subsidiary (‘‘Future Policies’’). Applicants also Secretary (Confidential Assistant) to companies engaged in the insurance request that the order being sought the Judge. Effective July 5, 2000. business or in providing non-insurance extend to certain National Association Authority: 5 U.S.C. 3301 and 3302; E.O. financial services. All of the stock of of Securities Dealers, Inc. (‘‘NASD’’) 10577, 3 CFR 1954–1958 Comp., P. 218. AEGON USA, Inc. is indirectly owned member broker-dealers which may, in by AEGON N.V. of the Netherlands. Janice R. Lachance, the future, act as principal underwriter 2. Transamerica, a stock life insurance Director, Office of Personnel Management. of such policies. company incorporated under the laws of [FR Doc. 00–24130 Filed 9–19–00; 8:45 am] FILING DATE: The application was filed the State of California, is an indirect BILLING CODE 6325±01±U on February 24, 2000, and amended and subsidiary of AEGON N.V. restated on August 25, 2000. 3. Western Reserve, incorporated Hearing or Notification of Hearing: An under the laws of Ohio, is wholly- SECURITIES AND EXCHANGE order granting the application will be owned by First AUSA Life Insurance COMMISSION issued unless the Commission orders a Company, a stock life insurance [Rel. No. IC±24641; File No. 812±11994] hearing. Interested persons may request company that is wholly-owned by a hearing by writing to the Secretary of AEGON USA, Inc. PFL Life Insurance Company, et al., the SEC and serving Applicants with a 4. The PFL Account is registered Notice of Application copy of the request, personally or by under the 1940 Act as a unit investment mail. Hearing requests must be received trust (File No. 811–09503). The assets of September 14, 2000 by the Commission by 5:30 p.m. on the PFL account support certain flexible AGENCY: Securities and Exchange October 6, 2000, and should be premium variable annuity policies, and Commission (‘‘SEC’’ or ‘‘Commission’’). accompanied by proof of service on the interests in the PFL Account offered ACTION: Notice of application for an Applicants in the form of an affidavit or, through such contracts have been Order of Exemption under Section 6(c) for lawyers, a certificate of service. registered under the Securities Act of of the Investment Company Act of 1940 Hearing requests should state the nature 1933 (‘‘1933 Act’’) on Form N–4 (File (‘‘1940 Act’’) granting exemptions from of the writer’s interest, the reason for the No. 333–83957). the provisions of Sections 2(a)(32), request, and the issues contested. 5. The Transamerica Account is 22(c), and 27(i)(2)(A) of the 1940 Act Persons may request notification of a registered under the 1940 Act as a unit and Rule 22c–1 thereunder to permit the hearing by writing to the Secretary of investment trust (File No. 811–07753). recapture of bonus credits applied to the SEC. The assets of the Transamerica Account
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56968 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices support certain flexible premium policy value. PFL’s bonus credit equals Terminal Condition Withdrawal Option, variable annuity contracts, and interests 5% of each premium payment (4% if where PFL does not deduct a in the Transamerica Account offered the Owner is 70 years old or older), withdrawal charge on a surrender or through such contracts have been Transamerica’s bonus credit equals withdrawal if the Owner has been (or registered under the 1933 Act on Form 3.25% of each premium payment, and whose spouse has been): (i) hospitalized N–4 (File No. 333–09745). Western Reserve’s bonus credit equals or confined to a nursing facility for 30 6. The WRL Account is registered 4.5% of premium payments. The consecutive days, or (ii) diagnosed with under the 1940 Act as a unit investment Companies may vary the percentage but a terminal condition and has a life trust (File No. 811–05672). The assets of acknowledge that the exemptive order expectancy of 12 months or less. This the WRL Account support certain requested will not provide exemption benefit is also available to an annuitant flexible premium variable annuity for a bonus credit recapture in excess of and his or her spouse, if the owner is contracts, and interests in the WRL 5% for PFL, 3.25% for Transamerica, not a natural person. Account offered through such contracts and 4.5% for Western Reserve. 15. The policies offered by the PFL have been registered under the 1933 Act 12. An owner may return his or her Account also include an Unemployment on Form N–4 (File No. 333–93169). Policy for a refund. An owner will Waiver, where PFL will not deduct a 7. AFSG, an affiliate of the generally have 10 days to return his or surrender charge if the owner or his or Companies, is the principal underwriter her Policy depending on the state where her spouse is unemployed. To qualify, and the distributor of the Policies for the the Policy is issued. PFL will generally the owner (or spouse) must have been: PFL Account and the WRL Account. return the policy value minus any bonus (i) Employed full time for at least two AFSG is registered with the Commission credit to the owner, but may return years prior to becoming unemployed, as a broker-dealer under the Securities premium payments (not including the (ii) employed full time at the time PFL Exchange Act of 1934, as amended (the bonus credit), if required by state law. issued the Policy, and (iii) unemployed ‘‘1934 Act’’), and is a member of the Transamerica will generally return the for at least 60 days at a time he or she NASD. purchase payments allocated to any makes the withdrawal. 8. TSSC, an affiliate of the Companies, general account options (minus 16. The policies offered by the is the principal underwriter and the withdrawals), plus the variable Transamerica Account offer a living distributor of the policies for the accumulated value, and minus any benefits rider where, subject to certain Transamerica Account. TSSC is bonus credit. If required by state law, conditions, Transamerica will not registered with the Commission as a Transamerica will return the purchase deduct a surrender charge if: (i) An broker-dealer under the 1934 Act and is payments (minus withdrawal and not owner receives extended medical care a member of the NASD. including any bonus credits) or the in a qualifying institution for at least 60 9. The Policies are flexible premium greater of purchase payments (minus days, (ii) if an owner receives medically variable annuity policies issued by the withdrawals and not including any required hospice or in-home care for at Companies through their respective bonus credits) or the account value least 60 consecutive days, or (iii) an separate accounts. The Policies provide (minus the bonus credits). In all events, owner is diagnosed as terminally ill and for accumulation of values on a variable Transamerica will not refund the has a life expectancy of 12 months or basis, fixed basis, or both during the amount of the bonus credit. Western less. accumulation period, and may provide Reserve will generally return total 17. Subject to certain conditions, settlement or annuity payment options purchase payments received (minus any Western Reserve will waive the on a variable basis, fixed basis, or both. bonus credit) plus or minus any gains or withdrawal charge on surrenders or The Policies may be purchased on a losses in the amounts invested in the withdrawals if an owner (or joint owner) non-qualified tax basis. The Policies sub-accounts. Western Reserve may has been confined to a nursing care may also be purchased and used in return purchase payments (not facility for at least 30 consecutive days connection with plans qualifying for including the bonus credit) if required and the confinement began after the favorable federal income tax treatment. by state law. policy date. Western Reserve will waive 10. Each Account is comprised of sub- 13. An owner may surrender the the surrender charge only for a accounts that will invest exclusively in Policy or make a partial withdrawal surrender or withdrawal made during a designated series of shares from the policy value during the the confinement or within two months representing an interest in a particular accumulation period. If an owner after the confinement ends. Western portfolio of one or more open-end surrenders a Policy or takes a partial Reserve also waives the surrender management investment companies of withdrawal, a Company may deduct a charge if an owner has a non-correctable the series type registered with the surrender charge. An owner generally medical condition which will result in Commission on Form N–1A (‘‘Funds’’). may be permitted to withdraw certain death within 12 months from the date The owner determines in the limited amounts free of surrender Western Reserve receives a written application or transmittal form for a charge. The surrender charge for PFL statement of such condition. Policy how the net premium payments Policies as a percentage of premium 18. Policies issued by the PFL will be allocated among the sub- payments declines from 8% in years Account have a death benefit equal to accounts of the Accounts and any one, two and three to 0% in year nine the greatest of: (i) the policy value on available guaranteed period options or and thereafter. The surrender charge for the date PFL receives the required dollar cost averaging options of the Transamerica Policies as a percentage of information; (ii) the cash value on the fixed account. The policy value will premium payments declines from 8% in PFL receives the required information, vary with the investment performance years one and two to 0% in year seven or (iii) the guaranteed minimum death of the sub-accounts selected, and the and thereafter. The surrender charge for benefit. The policy value is the total owner bears the entire risk for amounts Western Reserve Policies as a amount in the Policy but does not allocated to an Account. percentage of premium payments reflect the application of any excess 11. For each premium payment an declines from 8% in years one, two, and interest adjustment with respect to the owner makes, the Companies may add three to 0% in year nine and thereafter. fixed account, or any surrender charge, a bonus credit equal to a percentage of 14. The policies offered by the PFL at the time of death. The cash value is the premium payment to the owner’s Account include a Nursing Care and the policy value, plus or minus any
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56969 applicable excess interest adjustment, 20. The policies issued by the WRL 22. The policies issued by the PFL less any applicable surrender charge. Account offer both a standard death Account and WRL Account offer an The policy date is the date on which benefit and (for an additional charge) a optional benefit which assures an owner PFL credits the initial premium compounding minimum death benefit. of a minimum level of income on payment to the Policy. The guaranteed The standard death benefit equals the annuitization in the future by minimum death benefit is a step-up greatest of (i) the annuity value (that is, guaranteeing a minimum annuitization death benefit equal to the largest policy the total amount in a Policy) on the value at certain times, based on the value (minus any bonus credits credited valuation day on which Western policy value at the date the rider is within 12 months of the payment of the Reserve receives proof of the annuitant’s issued. Transamerica plans to offer this death benefit) on the policy date or any death and the beneficiary’s election option in the future. The Companies policy anniversary before the owner regarding payment (the ‘‘death report may also offer owners a dollar cost reaches age 76, plus any premium day’’) reduced by the amount of any average program, an asset rebalancing payments an owner made since then bonus credits credited to the annuity program, and a systematic payout (minus any bonus credits credited value during the 12 month period before option. within 12 months of the payment of the the death report day; (ii) total premium 23. The Companies deduct various death benefit), minus any adjusted payments as of the death report day (not fees and charges, which may include a partial withdrawals PFL paid an owner including any bonus credits), less daily mortality and expense risk fee; a since then. The step-up death benefit is partial withdrawals; or (iii) an annual daily administrative charge; an annual not available if the owner or the step-up. The annual set-up is equal to service or contract charge; premium annuitant is 75 or older on the policy the highest annuity value on any policy taxes; surrender charges (contingent date. In those instances, the guaranteed anniversary before the annuitant’s 81st deferred sales loads); and fees for minimum death benefit will equal total birthday. If the policy anniversary with optional benefits or riders. The premium payments, less any adjusted the highest annuity value occurs during Companies do not assess a specific partial withdrawals as of the date of the 12 month period before the death charge for the bonus credit. The death. In this case, the guaranteed report day, then the highest annuity Companies expect to use a portion of minimum death benefit will not include value will be reduced by the amount of the mortality and expense risk charge, any bonus credit. Future Policies may any bonus credits credited to the the administrative fee, and/or the provide different benefits, but such annuity value from the beginning of this surrender charge to pay for the bonus benefits will always be at least the cash 12 month period to the death report credit. value. date. The highest annuity value will be 24. Applicants seek exemption 19. The policies issued by the increased for premium payments made pursuant to Section 6(c) of the 1940 Act Transamerica Account have a death (but not increased for the bonus credits from Sections 2(a)(32), 22(c), and benefit equal to the greater of: (i) the applicable to those premiums), and 27(i)(2)(A) of the 1940 Act and Rule account value minus any bonus credits decreased for any adjustment partial 22c–1 thereunder to the extent less than 12 months old at the time of withdrawals following the policy necessary to permit PFL, Transamerica, payment of the death benefit; or (ii) anniversary on which the highest and Western Reserve to issue Policies premium payments minus partial annuity value occurs. The compounding that permit recapture of bonus credits withdrawals and any premium taxes minimum death benefit will pay a under certain circumstances. PFL seeks (not taking into account any bonus benefit equal to the greater of (i) the to recapture the bonus credit when: (i) credits). If death occurs after an owner’s standard death benefit; or (ii) total an owner exercises the ‘‘free-look’’ or joint owner’s 80th birthday, the death premium payments made plus the option available under the Policies; (ii) benefit will equal account value minus bonus credit corresponding to the initial an owner exercises the Nursing Care any bonus credits less than 12 months premium payment only, plus interest at and Terminal Condition Withdrawal old at the time of payment of the death an effective annual rate of 5% (in most Option or the Unemployment Waiver benefit. Transamerica also offers a states) from the date of the premium within one year from the time the credit guaranteed minimum death benefit payment to the date of death, less is applied; (iii) PFL pays a death benefit rider, under which the death benefit adjusted partial surrenders (including within one year from the time it applies equals the greater of: (i) the account interest on any partial surrender at the the credit; or (iv) an owner annuitizes value, minus any bonus credits less than 5% rate from the date of the partial within one year from the date the bonus 12 months old at the time of payment surrender to the date of death). credit is applied. Transamerica seeks to of the death benefit: (ii) premium 21. For the PFL Policies, the amount recapture the bonus credit when: (i) an payments minus the proportion of applied to the annuity payments is the owner exercises the ‘‘free-look’’ option partial withdrawals taken and any Policy or account value, increased or under the Policies; (ii) an owner premium taxes (not taking into account decreased by any applicable excess exercises the living benefits rider within any bonus credits); or (iii) the highest interest adjustments and minus any one year from the time Transamerica account value on any policy anniversary applicable premium taxes and minus applies the credit; or (iii) Transamerica prior to the earlier of the owner’s or any bonus credits PFL credited within pays a death benefit within one year joint owner’s 85th birthday, plus 12 months of the annuity from the time it applies the credit. premium payments made, minus the commencement date. Transamerica may Western Reserve seeks to recapture the proportion of partial withdrawals taken deduct a surrender charge on bonus credit when: (i) an owner and premium taxes since that annuitizations before the first contract exercises the ‘‘free-look’’ option anniversary, less any bonus credits anniversary (or if the payment option available under the Policies; (ii) an credited within 12 months of the does not involve life contingencies). owner exercises the Nursing Care/ payment of the death benefit. If death Western Reserve will apply the annuity Terminal Condition option within one occurs after an owner’s or joint owner’s value on the maturity date, minus any year from the time the credit is applied; 80th birthday, the death benefit under premium tax that may apply. PFL and or (iii) Western Reserve pays a death the rider will equal the greater of (i) or Western Reserve do not apply a benefit within one year from the time it (iii) above. surrender charge to annuity payments. applies the credit.
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Applicants’ Legal Analysis obligation, each Company contemplates Policy solely in order to receive a quick 1. Section 6(c) of the 1940 Act that an owner will retain a Policy over profit from the credit. Applicants state authorizes the Commission, by order an extended period, consistent with the that each Company generally protects upon application, to conditionally or long-term nature of the Policies. itself from this kind of anti-selection, unconditionally grant an exemption Applicants further state that each and recovers its costs in situations from any provision, rule or regulation of Company designed their product so that where an owner withdraws his or her the Act to the extent that the exemption it would recover its costs (including the money early in the life of a Policy, by is necessary or appropriate in the public bonus credit) over an anticipated imposing a surrender charge of up to interest and consistent with the duration while a Policy is in force. If an 8%. However, where an owner protection of investors and the purposes owner withdraws his or her money from withdraws his money pursuant to a fairly intended by the policy and a Policy before this anticipated period, ‘‘free-look’’ provision or an provisions of the Act. Because the Applicants assert that a Company must unemployment or nursing home waiver, recapture the bonus credit in order to or annuitizes a Policy (or dies), a provisions may be inconsistent with a avoid a loss. Company generally does not apply this recapture of a bonus credit, Applicants 4. Applicants assert that the recapture charge. Applicants state that each request exemptions for the Policies of a bonus credit does not violate Company is only seeking to recapture described herein, and for Future Section 2(a)(32) of the 1940 Act. The the bonus credit (which is less than the Policies that are substantially similar in Applicants assert that the bonus surrender charge under the Policies) in all material respects to the Policies, recapture provisions in the Policies do the circumstances where it does not from Sections 2(a)(32), 22(c) and not deprive the owner of his or her apply the surrender charge. 27(i)(2)(A) of the 1940 Act, and Rule proportionate share of the issuer’s 7. Applicants assert that the bonus 22c–1 thereunder, pursuant to Section current net assets. An owner’s right to credit provisions are generally favorable 6(c), to the extent necessary to recapture the bonus credit will vest in full one to the owners. As any earnings on a the bonus credit applied to a premium year after a Company applies the bonus bonus credit applied would vest payment in the instances described credit. Until that time, Applicants assert immediately with an owner, likewise above. Applicants seek exemptions in that a Company retains the right and any losses on the bonus credit would order to avoid any questions concerning interest in the dollar amount of any also vest immediately with an owner. the Policies’ compliance with the 1940 unvested bonus credit amount. Thus, The bonus credit recapture provisions Act and rules thereunder. Applicants Applicants argue that when a Company do not diminish the overall value of the assert that the recapture of the bonus recaptures a bonus credit, it is only bonus credit. However, to avoid credit is necessary or appropriate in the retrieving its own assets, and because an uncertainty as to full compliance with public interest and consistent with the owner’s interest in the bonus credit is the 1940 Act, Applicants request an protection of investors and purposes not vested, such owner would not be exemption from the provisions of fairly intended by the policy and deprived of a proportionate share of the sections 2(a)(32) and 27(i)(2)(A) to the provisions of the 1940 Act. Account’s assets (the issuer’s current net extent deemed necessary to permit them 2. Subsection (i) of Section 27 of the assets) in violation of Section 2(a)(32). to recapture the bonus credit under the 1940 Act provides that Section 27 does Therefore, Applicants assert that such Policies and Future Policies. not apply to any registered separate recapture does not reduce the amount of 8. Section 22(c) of the 1940 Act states account funding variable insurance each Account’s current net assets an that the Commission may make rules contracts, nor to the sponsoring owner would otherwise be entitled to and regulations applicable to registered insurance company and principal receive. However, to avoid uncertainty investment companies and to principal underwriter of such account, except as as to full compliance with the 1940 Act, underwriters of, and dealers in, the provided for in paragraph (2) of the the Applicants request an exemption redeemable securities of any registered subsection. Paragraph (2), in pertinent from the provisions of Sections 2(a)(32) investment company to accomplish the part, makes it unlawful for any and 27(i)(2)(A) to the extent deemed same ends as contemplated by Section registered separate account funding necessary to permit them to recapture 22(a) of the 1940 Act. Rule 22c–1, variable insurance contracts, or for the the bonus credit under the Policies and promulgated under Section 22(c) of the sponsoring insurance company of such Future Policies. 1940 Act, in pertinent part, prohibits a account, to sell any such contract unless 5. Applicants further contend that it registered investment company issuing such contract is a redeemable security. would be inherently unfair to allow an a redeemable security (and a person Section 2(a)(32) of the 1940 Act defines owner exercising the free-look privilege designated in such issuer’s prospectus ‘‘redeemable security’’ as any security in a Policy to retain the bonus credit as authorized to consummate under the terms of which the holder, when returning a Policy for a refund transactions in such security, and a upon its presentation to the issuer, is after a period of only a few days principal underwriter of, or dealer in, entitled to receive approximately his (usually 10 or less). If a Company could any security) from selling, redeeming, or proportionate share of the issuer’s not recapture the bonus credit, repurchasing any such security except current net assets, or the cash equivalent individuals might purchase a Policy at a price based on the current net asset thereof. To the extent that the bonus with no intention of retaining it, and value of such security. credit recapture might be seen as a simply return for a quick profit. By 9. Applicants state that a Company’s discount from the net asset value, or recapturing the bonus credit, a addition of the bonus credit might might be viewed as resulting in the Company will prevent such individuals arguably be viewed as resulting in an payment to any owner of less than the from doing so. owner purchasing a redeemable security proportionate share of the issuer’s net 6. Furthermore, Applicants assert that for a price below the current net asset assets, the bonus credit recapture would a Company’s recapture of the bonus value. Further, by recapturing the bonus trigger the need for relief absent some credit is designed to prevent anti- credit, a Company might arguably be exemption from the 1940 Act. selection against that Company. redeeming a redeemable security for a 3. Applicants state that the Policies Applicants state that the risk of anti- price other than one based on the are designed to be long-term investment selection is that an owner could make current net asset value of an Account. vehicles. In undertaking this financial significant premium payments into a Applicants assert that the bonus credit
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56971 does not violate Section 22(c) and Rule credit to protect itself from investors CHANGE IN THE MEETING: Additional 22c–1. Applicants further state that an wishing to use the Policy as a vehicle Meeting. owner’s interest in his or her policy for a quick profit at a Company’s An additional open meeting will be value or in an Account would always be expense, and to enable a Company to held on Thursday, September 21, 2000 offered at a price next determined on limit potential losses associated with at 8:30 a.m., in Room 1C30. the basis of net asset value and that the such bonus credit. Commissioner Hunt, as duty officer, granting of a bonus credit does not 13. Applicants request exemptions determined that no earlier notice thereof reflect a reduction of that price. from Sections 2(a)(32), 22(c), and was possible. Applicants state that the Companies 27(i)(2)(A) of the 1940 Act and Rule The subject matter of the open will purchase with their own general 22c–1 thereunder, to the extent account assets an interest in an Account meeting scheduled for Thursday, necessary to permit the Applicants to September 21, 2000 at 8:30 a.m. will be: equal to the bonus credit. Applicants recapture the bonus credit applied to a The Commission will hold public assert that because the bonus credit will premium payment in the circumstances hearings on its proposed rule be paid out of the Company assets, not described above. Applicants assert that amendments concerning auditor Account assets, no dilution will occur additional requests for exemptive relief independence. The purpose of the as a result of the credit. would present no issues under the 1940 hearings is to give the Commission the 10. Applicants argue that the Act not already addressed herein. benefit of the views of interested recapture of the bonus credit does not Applicants state that if the Applicants members of the public regarding the involve either of the evils that the were to repeatedly seek exemptive relief issues raised and questions posed in the Commission intended to eliminate or with respect to the same issues Proposing Release (33–7870). For reduce with Rule 22c–1. The addressed herein, investors would not further information, contact: John M. Commission’s stated purpose in receive additional protection or benefit, Morrissey, Deputy Chief Accountant or adopting Rule 22c–1 was to avoid or and investors and the Applicants could W. Scott Bayless, Associate Chief minimize: (i) dilution of the interests of be disadvantaged by increased costs Accountant, Office of the Chief other security holders; and (ii) from preparing such additional requests Accountant at (202) 942–4400. speculative trading practices that are for relief. Applicants argue that the unfair to such holders. Applicants assert requested class relief is appropriate in At times, changes in Commission that the proposed recapture of the bonus the public interest because the relief priorities require alterations in the credit does not pose such threat of will promote competitiveness in the scheduling of meeting items. For further dilution. The bonus credit recapture variable annuity market by eliminating information and to ascertain what, if will not alter an owner’s net asset value. the need for the Companies or their any, matters have been added, deleted Each Company will determine an affiliates to file redundant exemptive or postponed, please contact: owner’s net cash surrender value under applications, thereby reducing The Office of the Secretary (202) 942– a Policy in accordance with Rule 22c– administrative expenses and 7070. 1 on a basis next computed after receipt maximizing efficient use of resources. of an owner’s request for surrender Dated: September 14, 2000. (likewise, the calculation of death Conclusion Jonathan G. Katz, benefits and annuity payment amounts Secretary. For the reasons set forth above, will be in full compliance with the [FR Doc. 00–24194 Filed 9–15–00; 5:04 pm] Applicants believe that the exemptions forward pricing requirement of Rule BILLING CODE 8010±01±M 22c–1). The amount recaptured will requested are necessary and appropriate equal the amount of the bonus credit in the public interest and consistent that a Company paid out of its general with the protection of investors and the SECURITIES AND EXCHANGE account assets. Although an owner will purposes fairly intended by the policy COMMISSION retain any investment gain attributable and provisions of the 1940 Act, and to the bonus credit, a Company will consistent with and supported by Sunshine Act Meeting determine the amount of such gain on Commission precedent. the basis of the current net asset value For the Commission, by the Division of FEDERAL REGISTER CITATION OF PREVIOUS of a sub-account. Applicants further Investment Management, under delegated ANNOUNCEMENT: 65 FR 56351. assert that the credit recapture does not authority. STATUS: Open Meeting. create the opportunity for speculative Margaret H. McFarland, PLACE: 450 Fifth Street, NW., trading calculated to take advantage of Deputy Secretary. Washington, DC. backward pricing. [FR Doc. 00–24127 Filed 9–19–00; 8:45 am] 11. Applicants assert that Rule 22c–1 BILLING CODE 8010±01±M DATE PREVIOUSLY ANNOUNCED: September and Section 22(c) should have no 18, 2000. application to the bonus credit, as CHANGE IN THE MEETING: Time Change. neither of the harms that Rule 22c–1 SECURITIES AND EXCHANGE The open meeting scheduled for was designed to address are found in COMMISSION the recapture of the bonus credit. Wednesday, September 20, 2000 at 9 However, to avoid uncertainty as to full Sunshine Act Meeting a.m., has been changed to Wednesday, compliance with the 1940 Act, the September 20, 2000, at 8:30 a.m. Applicants request an exemption from FEDERAL REGISTER CITATION OF PREVIOUS At times, changes in Commission the provisions of Section 22(c) and Rule ANNOUNCEMENT: [To Be Published] priorities require alternations in the scheduling of meeting items. for further 22c–1 to the extent deemed necessary to STATUS: Open Meeting. permit them to recapture the bonus information and to ascertain what, if credit under the Policies and Future PLACE: 450 Fifth Street, NW., any, matters have been added, deleted Policies. Washington, DC. or postponed, please contact: 12. Applicants argue that a Company DATE PREVIOUSLY ANNOUNCED: To be The Office of the Secretary at (202) should be able to recapture such bonus published. 942–7070.
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Dated: September 15, 2000. governing certain electronically customers or associated persons of Jonathan G. Katz, generated orders. On March 6, 2000, members must involve manual input, Secretary. April 28, 2000, and July 10, 2000, the such as entering the terms of an order [FR Doc. 00–24195 Filed 9–15–00; 5:09 pm] CBOE filed Amendment Nos, 1, 2, and into an order-entry screen or manually 3 BILLING CODE 8010±01±M 3, respectively to the proposal. Notice selecting a displayed order against of the proposal was published in the which an off-setting order should be Federal Register on August 4, 2000.4 sent. Members are permitted to SECURITIES AND EXCHANGE The Commission received one comment communicate to the Exchange orders COMMISSION letter regarding the proposal.5 This manually entered by customers into order approves the proposed rule front-end communication systems such Sunshine Act Meeting change, as amended. as Internet gateway and online networks. FEDERAL REGISTER CITATION OF PREVIOUS II. Description of the Proposal The Rule clarifies that an order is ANNOUNCEMENT: 65 FR 56351. New Rule 6.8A (‘‘Rule’’) restricts the eligible for execution on RAES if: (1) its ACTION: Federal Register Citation of entry of certain options orders that are size is equal to or less than the Previous Announcement: 65 FR 56351. created and communicated maximum RAES order size for the electronically, without manual input, STATUS: Closed Meeting. particular option series; (2) the order is into the CBOE’s Order Routing System marketable or is tradable pursuant to the PLACE: 450 Fifth Street, NW., (‘‘ORS’’). ORS is the Exchange’s RAES auto step-up feature at the time it Washington, DC. automated order trading and routing is sent; and (3) the order has either no DATE PREVIOUSLY ANNOUNCED system comprised of the options order : September contingency or has a contingency that is routing system, the Retail Automatic 18, 2000. accepted for execution by RAES. As Execution System (‘‘RAES’’),6 the CHANGE IN THE MEETING: Time Change. defined in the Rule, a marketable order electronic limit order book, and other The closed meeting scheduled for is a market order or a limit order in electronic delivery and acceptance Thursday, September 21, 2000 at 11 which the specified price to sell is a.m., has been changed to Friday, systems and terminals. The Rule provides that members may below or at the current bid, or the September 22, 2000, at 11 a.m. specified price to buy is above or at the At times, changes in Commission not enter nor permit the entry of, orders current offer. An order is tradable priorities require alterations in the into ORS if those orders are created and pursuant to the RAES auto step-up scheduling of meeting items. For further communicated electronically without feature if the appropriate CBOE Floor information and to ascertain what, if manual input and if such orders are Procedure Committee (‘‘FPC’’) has any, matters have been added, deleted eligible for execution on RAES at the designated the class as an auto step-up or postponed, please contact: time that they are sent. To be permitted The Office of the Secretary at (202) under the Rule, order entry by public class and if the National Best Bid or 942–7070. Offer (‘‘NBBO’’) for the particular series 3 is reflected by the current best bid or Dated: September 15, 2000. In Amendment No, 2, the Exchange proposed to create new Rule 6.8A, Electronically Generated and offer in another market by no more than Jonathan G. Katz, Communicated Orders, rather than including the the step-up amount as defined in Secretary. proposed rule language as a subsection of CBOE Interpretation .02 of CBOE Rule 6.8. Rule 6.8, RAES Operations. In Amendment No. 2, [FR Doc. 00–24196 Filed 9–15–00; 5:00 pm] the Exchange proposed to prohibit electronically The proposal is designed to permit BILLING CODE 8010±01±M generated orders only if they were eligible for CBOE market makers who participate in execution on the Exchange’s Retail Automatic RAES to compete more effectively with Execution System (‘‘RAES’’). In Amendment No. 3, customers who are equipped with SECURITIES AND EXCHANGE the Exchange revised the proposed rule language to clarify that electronically created orders will be electronic systems. Specifically, the COMMISSION prohibited from entry into the Order Routing Exchange represents that its business System (‘‘ORS’’) if they are eligible for execution on model depends upon market makers for [Release No. 34±43285; File No. SR±CBOE± RAES at the time they are sent to the Exchange. 00±01] Amendment No. 3 also clarified the types of orders competition and liquidity. If further that are considered to be eligible for execution on represents that public customer orders Self-Regulatory Organizations; Order RAES at the time they are sent. See letters from submitted to the CBOE are provided Approving a Proposed Rule Change by Timothy Thompson, Assistant General Counsel, with certain benefits pursuant to various the Chicago Board Options Exchange, Legal Department, CBOE, to Nancy J. Sanow, Assistant Director, Division, Commission, dated rules of the Exchange, including Rule Inc. Relating to the Prohibition on the March 3, 2000, April 27, 2000, and July 6, 2000. 6.8 (RAES Operations), Rule 6.45 Entry of Certain Electronically The modifications made by these amendments are (Priority of Bids and Offers), Rule 7.4 Generated Orders Into the Exchange's incorporated in the description of the proposal in (Obligations for Orders), and Rule 8.51 Order Routing System Section II below. 4 Securities Exchange Act Release No. 43087 (July (Trading Crowd Firm Disseminated September 12, 2000. 28, 2000), 65 FR 48033. Market Quotes). The Exchange 5 See Section III below for a description of the represents that allowing electronically I. Introduction comment letter. generated and communicated customer 6 RAES automatically executes customer market On February 9, 2000, the Chicago and marketable limit orders that fall within orders to be routed directly to ORS and Board Options Exchange, Inc. (‘‘CBOE’’ designated order size parameters. All designated RAES would give customers with such or ‘‘Exchange’’) filed with the Securities primary market makers (‘‘DPMs’’) of a particular electronic systems a significant and Exchange Commission (‘‘SEC’’ or option class are required to log on RAES for that advantage over market makers. The class; other market makers who trade that class on ‘‘Commission’’), pursuant to Section the floor may log on RAES but are not required to Exchange believes that this could 19(b)(1) of the Securities Exchange Act do so. When RAES receives an order, the system undercut its business model. The of 1934 (‘‘Act’’),1 and Rule 19b–4 automatically attaches to the order its execution Exchange notes that under the proposed thereunder,2 a proposed rule change price, generally determined by the prevailing rule change, computer generated orders market quote at the time of the order’s entry to the system, and a participating market maker will be can still be sent for execution on the 1 15 U.S.C. 78s(b)(1). designated as the counterparty on the trade. See Exchange; however, they may not be 2 17 CFR 240.19b–4. CBOE Rule 6.8(a)(ii). sent for execution through ORS.
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CBOE member firms and customers will promote a level playing field with of electronically generated orders that who are not located on the trading floor the International Stock Exchange LLC are designed to take advantage of may send option orders to the trading (‘‘ISE’’) because of its similarly to Rule temporary anomalies between current floor in various ways. First, a customer 717(f) of the ISE. Finally, Susquehanna options prices and the value of the in some option classes may telephone asked the Commission to clarify that underlying stock or index. In this an order directly to a floor broker in the orders entered with a single keystroke regard, the Commission notes that it has trading crowd, provided the firm taking are subject to the prohibition against approved a similar rule for the first fully the order complies with all applicable entry into ORS. Susquehanna expressed automated options exchanges, the ISE. rules for handling the customer order. In concern that professional traders may In approving the application of the ISE other trading crowd, a member firm attempt to circumvent the Rule by for registration as a national securities representative or a customer may ‘‘having a person enter a keystroke to exchange, the Commission explicitly telephone an order into a member firm send an electronically generated order recognized that the ISE’s business booth on the trading floor. From here * * * so that the order can be denied model ‘‘depends on market makers for the order may be taken manually into ‘manual’.’’ 8 Susquehanna believes that competition and liquidity.’’ 12 the proper trading crowd and such a practice could undermine the Recognizing that allowing electronic represented; alternatively, it may be sent intent of the proposal. order entry into the ISE could ‘‘give automated customers a significant electronically from the booth to a floor IV. Discussion broker in the trading crowd who will advantage over [the ISE’s] market represent it. A member firm After careful review, the Commission makers,’’ the Commission stated that it representative may also send an order to finds that the proposed rule change is was unable to conclude that the the floor of the Exchange pursuant to consistent with the provisions of the Act limitation violated the statutory that firm’s proprietary order routing applicable to a national securities requirements.13 9 network. The order would then be exchange, particularly Section 6(b)(5) ISE Rule 717(f) regarding computer- and Section 6(b)(8) 10 of the Act, and the generated orders specifically permits the routed to the trading crowd in one of the 11 two ways described above. Finally, a rules and regulations thereunder. entry of computer-generated non- The Commission has carefully member firm may send an order to the marketable limit orders that improve the considered whether the Rule inhibits Exchange through its interface with best price available on the ISE. This competition between the CBOE’s ORS. Eligible orders sent through ORS provision is designed to accommodate automated customers and those who do may be: (1) automatically executed non-marketable limit orders because not employ automated means of order against orders in the limit order book; these orders serve to increase entry. The Commission notes that in the (2) placed in the limit order book; (3) competition and improve quotes. equity markets, for example, limit Similarly, non-marketable limit orders automatically executed via RAES; or (4) orders from active customers have been routed to a Public Access Routing that improve the best price on the CBOE a valuable source of quote competition. will not be subject to the Rule’s (‘‘PAR’’) terminal in the trading crowd. Nonetheless, the Commission Prior to adoption of the new Rule, prohibition against entry of computer- recognizes that the CBOE’s business generated orders into ORS because that electronically generated orders could be model depends on market makers for sent to the CBOE in any of the ways prohibition applies only to orders that competition and liquidity. Allowing are eligible for execution on RAES at the described above. Electronically electronic order entry into ORS could generated orders sent to ORS would be time they are sent. Under the Rule, an give automated customers a significant order is eligible for execution on RAES routed to RAES for automatic execution advantage over market makers. This if (among other criteria) ‘‘the order is if those orders were otherwise eligible could undercut the CBOE’s business marketable or is tradable pursuant to the for execution on RAES. Under the new model. Moreover, the CBOE’s RAES auto step-up feature at the time it Rule, however, electronically generated prohibition against entry of is sent.’’ The Rule defines ‘‘marketable orders that are eligible for execution on electronically entered orders that are order’’ as a market order or a limit order RAES at the time they are sent may not eligible for execution on RAES still in which the specified price to sell is be routed to ORS. These orders, allows non-marketable limit orders that below or at the current bid, or the however, may be sent to the trading improve the CBOE’s displayed bid and specified price to buy is above or at the floor for execution as otherwise offer to be entered into ORS. current offer. Non-marketable limit described above, i.e., by telephone or The Commission believes that it is not orders that improve the CBOE market, through a member firm’s proprietary inconsistent with the purposes of the on the other hand, are orders priced order routing system. Act for the CBOE to address the risk to above the correct bid and below the III. Summary of Comments its market makers posed by rapid entry current offer. These non-marketable limit orders will not be excluded from The Commission received one 8 Id. at 4. ORS under the rule, but will instead be comment letter regarding the proposed 9 15 U.S.C. 78f(b)(5). Section 6(b)(5) requires that eligible for entry into ORS. Once rule change.7 That letter, from the rules of a national securities exchange be entered into ORS, they will be routed to Susquehanna Investment Group designed to, among other things, promote just and a member firm booth on the trading (‘‘Susquehanna’’), strongly supported equitable principles of trade, remove impediments to and perfect the mechanism of a free and open floor or to a PAR terminal in the trading approval of the proposal. Susquehanna market, and, in general, to protect investors and the crowd. Once the order arrives at the stated that the Rule will enable CBOE public interest. It also requires that those rules not crowd, a market maker will execute the market makers to compete more be designed to permit unfair discrimination order or route it to the limit order book. effectively by reducing their exposure to between customers, issuers, brokers, or dealers. 10 15 U.S.C. 78f(b)(8). Section 6(b)(8) requires that electronically generated orders. the rules of the exchange do not impose any burden 12 Securities Exchange Act Release No. 42455 Susquehanna also stated that the Rule on competition not necessary or appropriate in (February 24, 2000), 65 FR 11401 (March 2, 2000). furtherance of the purposes of the Act. In approving the ISE’s application for exchange 7 Letter from Joel Greenberg, Managing Director, 11 In approving this proposal, the Commission has registration, the Commission also approved several Susquehanna Investment Group, to Jonathan G. considered the proposed rule’s impact on ISE rules, including Rule 717(f) regarding entry of Katz, Secretary, Commission, dated August 29, efficiency, competition, and capital formation. 15 computer-generated orders. 2000. U.S.C. 78c(f). 13 Id.
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Although the ISE and CBOE rules are It Is Therefore Ordered, pursuant to approves the NYSE’s proposal, as not identical, both ISE Rule 717(f) and Section 19(b)(2) of the Act, that the amended. CBOE Rule 6.8A permit non-marketable proposed rule change (SR–CBOE–00– II. Description of The Proposal limit orders that improve the price to be 01), as amended, adopting Rule 6.8A, is sent to the exchange and routed to the approved. The proposal would modify several of relevant trading mechanism for the Exchange’s existing continued For the Commission, by the Division of 5 execution. As it stated with respect to Market Regulation, pursuant to delegated listing criteria. First, the Exchange its approval of ISE Rule 717(f), the authority.18 proposes to define the term ‘‘market Commission is unable to conclude that Margaret H. McFarland capitalization’’ in so far as it applies to the new CBOE Rule violates any Deputy Secretary. the continued listing standards. Second, statutory requirements. the Exchange proposes to clarify what is [FR Doc. 00–24128 Filed 9–19–00; 8:45 am] meant by ‘‘shareholders equity’’ in the In its comment letter, Susquehanna BILLING CODE 8010±01±M asked the Commission to clarify that context of partnerships. Third, the orders entered with a single keystroke Exchange proposes to specify a set of are subject to the Rule.14 Susquehanna SECURITIES AND EXCHANGE circumstances in which it will exercise expressed concern that professional COMMISSION some discretion in determining the traders may attempt to circumvent the listing status of a company that has filed [Release No. 34 43288; File No. or has announced an intent to file for Rule by ‘‘having a person enter a SR NYSE 99 50] keystroke to send an electronically bankruptcy, and that is below the financial continued listing standards generated order . . . so that the order Self-Regulatory Organizations; New specified in Para. 802.01B of the Listed can be deemed ‘‘manual’.’’ 15 In York Stock Exchange, Inc.; Order Company Manual. response, the CBOE stated that it agrees Approving Proposed Rule Change with Susquehanna that this practice Relating to Continued Listing (A) Market Capitalization Definition could potentially undermine the Standards The proposal specifies that for purpose of the Rule. In such a case, the September 13, 2000. purposes of its continued listing CBOE believes that it can effectively standards, the term ‘‘market address the issue by adding an I. Introduction capitalization’’ will encompass all Interpretation to Rule 6.8A that clarifies On December 21, 1999, the New York common stock outstanding, whether the scope of the Rule.16 Such an Stock Exchange, Inc. (‘‘NYSE’’ or publicly traded or not, so long as the Interpretation would be subject to the ‘‘Exchange’’) filed with the Securities Exchange is able to accurately attribute filing requirements of Section 19(b) of 6 and Exchange Commission (‘‘SEC’’ or a value to it on the day the market the Act. ‘‘Commission’’) pursuant to Section capitalization is calculated. Thus, if In sum, the Commission notes that the 19(b)(1) of the Securities Exchange Act such a security is publicly traded Rule does not prohibit electronically of 1934 (‘‘Act’’),1 and Rule 19b–4 common stock, the closing price from generated orders from being sent to the thereunder,2 a proposed rule change to the previous trading day will be the CBOE; rather, it merely prevents them revise the Exchange’s continued listing price used for purposes of the from being entered into ORS. Thus, standards. On March 27, 2000, the calculation. electronically generated orders will be Exchange submitted Amendment Nos. 1 In addition, the proposal would routed to the trading crowd and and 2 to the proposed rule change.3 The permit the Exchange to provide its staff represented in open outcry. Once the proposed rule change was published for with the discretion to evaluate the order arrives at the trading crown, CBOE comment in the Federal Register on capital structure of the issuer and rules require that the order be executed April 7, 2000.4 No comments were include common stock that would be at the CBOE’s displayed bid or offer at received on the proposal. This order issued upon conversion of an the time the order is represented in the instrument that constitutes the issuer’s 17 crowd. Depending upon the 18 17 CFR 200.30–3(a)(12). capital. Traditional debt, related to circumstances, the order may be filled at 1 15 U.S.C. 78s(b)(1). financing activities, will be excluded. a price better than the CBOE’s displayed 2 17 CFR 240.19b–4. Similar to the procedure discussed bid or offer. Therefore, although 3 In Amendment No. 1, the NYSE made several above, but for convertible publicly- electrically generated orders will not be clarifications to the intent and proposed traded securities other than common interpretation of the proposed rule change. The eligible for automatic execution on Exchange expanded its discussion regarding the use stock, the applicable price will be the RAES under the Rule, they will still be of convertible securities in calculating the market closing price of the common stock into entitled to receive an execution price capitalization of an issuer, and provided several which it is convertible from the that is as good as or better than the examples of the proposed rule’s application. The previous trading day.7 Exchange also explained the IRS-related basis for CBOE’s displayed bid or offer. the proposed changes to the calculation of market capitalization for partnerships. Finally, the 5 The Exchange recently revised its continued V. Conclusion Exchange clarified that the proposed change to the listing standards, and to this point several issues For the reasons discussed above, the bankruptcy provision would not restart the have come to light that necessitate clarification. See eighteen-month clock for an Exchange-approved Securities Exchange Act Release No. 42194 Commission finds that the proposal is plan. See Letter to Belinda Blaine, Associate (December 1, 1999), 64 FR 69311 (December 10, consistent with the Act and the rules Director, Division of Market Regulation 1999). and regulations thereunder. (‘‘Division’’), SEC, from James E. Buck, Senior Vice 6 For example, a privately-held Class B common President and Secretary, NYSE, dated March 21, stock convertible into the listed Class A common 2000 (‘‘Amendment No. 1’’). In Amendment No. 2, stock would be included and valued on an as- 14 Supra note 7, at 4. the Exchange made several technical changes to the converted basis. 15 Id. rule text which were reflected in the notice. See 7 For example, if a convertible preferred security 16 Telephone conversation between Timothy Letter to Belinda Blaine, Associate Director, trades at $15 and the common stock into which it Thompson, Assistant General Counsel, Legal Division, SEC, from James E. Buck, Senior Vice is convertible trades at $10, the price utilized would Department, CBOE, and Gordon Fuller, Special President and Secretary, NYSE, dated March 24, be the closing price of the common stock on the Counsel, Division of Market Regulation, 2000 (‘‘Amendment No. 2’’). previous day (not the higher price of the preferred Commission (September 10, 2000). 4 Securities Exchange Act Release No. 42579 security) and the market capitalization would be 17 See CBOE Rule 8.51. (March 27, 2000), 65 FR 18412. computed on an as-converted basis.
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Finally, if the issuer has outstanding (C) Companies That Have Filed for perfect the mechanism of a free and privately-held securities, the calculation Bankruptcy and That Are Below the open market and, in general, to protect would be made as described above for Financial Continued Listing Criteria investors and the public interest.11 convertible securities based upon the The proposal would give the First, the proposal would elucidate previous day’s closing price of the Exchange the authority to analyze the the term ‘‘market capitalization’’ as used publicly-traded security. Thus, a financial status of companies that have in the Listed Company Manual. The privately held Class B common stock filed or that have announced an intent proposal would explain that market convertible into the publicly-traded to file for bankruptcy, and that are also capitalization encompasses all common stock outstanding, whether publicly Class A would be valued at the price of below the Exchange’s financial traded or not, so long as the exchange the Class A. Likewise, a privately-held continued listing criteria, on a case-by- case basis.8 However, if a company has is able to accurately attribute a value to preferred Series A convertible into the it on the day the market capitalization publicly-traded Class A would be previously filed an Exchange approved plan to meet the Exchange’s continued is calculated. In addition, the proposal valued at the price of the Class A on an would give Exchange staff the discretion as-converted basis. listing standards within 18 months, application of this provision to the to evaluate the capital structure of an The proposal would also permit the company does not restart the 18-month issuer and include common stock that Exchange to review any applicable clock. Thus, for instance, a company would be issued upon conversion of an conversion restrictions when that declares bankruptcy mid-stream instrument that constitutes the issuer’s conducting its market capitalization through an Exchange-approved plan capital, excluding traditional debt analysis and factor any such restrictions would still only have the remainder of related to financing activities. into the computations as appropriate. the plan to come into compliance. It Outstanding privately-held securities would not be afforded an additional 18 also would be considered in the market (B) ‘‘Shareholders’ Equity’’ and ‘‘Market months, but would incorporate the capitalization computation. Finally, the Capitalization’’ of Partnerships projected effect of the bankruptcy into proposal would allow the Exchange to review any applicable conversion The proposal would enable the its Plan and resubmit it for consideration. restrictions when conducting its market Exchange to evaluate the formation of capitalization analysis and factor any the current capital structure of a III. Discussion such restrictions into the computations partnership and, where appropriate, to The Commission finds that the as appropriate. The Commission finds include other publicly-traded securities proposal is consistent with the that the proposed clarifications and the in the calculation as a substantial requirements of the Act and the rules additional discretion given to the equivalent to common stock. and regulations thereunder applicable to Exchange’s staff to evaluate a company’s Furthermore, the proposal would amend a national securities exchange.9 financial status are reasonable. the stockholders’ equity test to clarify Specifically, the Commission believes Specifically, the Commission believes that both general and limited partners’ that the proposal is consistent with the that such changes to the Exchange’s capital is the measure for the applicable requirements of Section 6(b)(5) of the existing rules are not inappropriate calculation. The Exchange believes that Act 10 in that it clarifies certain measures for determining a company’s this clarification is necessary because maintenance criteria for listing on the market capitalization and should aid the the concept of ‘‘shareholders’ equity’’ is NYSE. Listing standards serve as a Exchange by producing a more accurate not applicable to partnerships. Instead, means for a marketplace to screen determination of a company’s market capitalization. the notion of capital captures the issuers and to provide listed status only to bona fide companies with sufficient Second, the proposal would enable appropriate analogous concept with the Exchange to evaluate the formation respect to partnerships. float, investor based, and trading interest to maintain fair and orderly of the current capital structure of a The Exchange’s intent in codifying markets. Once an issuer has been partnership and, where appropriate, the concept of analyzing the creation of approved for initial listing, the include other publicly-traded securities the current capital structure stems maintenance criteria allow a in the calculation as a substantial equivalent to common stock. The primarily from the recent expiration of marketplace to monitor the status of that proposal would also amend the an IRS grandfather provision that issuer. Accordingly, the Commission stockholders’ equity test to clarify that resulted in numerous recapitalizations believes that by clarifying the NYSE’s both general and limited partners’ of partnerships. The Exchange believes continued listing standards, the capital is the measure for the applicable it is not equitable to penalize these proposal should prevent fraudulent and calculation. Given the unique nature of partnerships for restructuring in order to manipulative acts and practices, a partnership, the Commission finds prevent, among other things, double promote just and equitable principles of that the proposed clarifications taxation. Thus, for instance, if a holder trade, remove impediments to, and explaining which measures should be of $50 of partnership units prior to the used to evaluate a partnership’s conversion were to receive $25 in 8 The Exchange represents that there are instances financial status are reasonable. partnership units and $25 in debt, the where companies meeting these criteria should be afforded the opportunity to submit a financial plan Finally, the proposal would give the ‘‘market value’’ of the holdings has not for evaluation. For instance, a company that is Exchange the authority to analyze the changed and should be calculated at $50 profitable (or that has a positive cash flow), or is financial status of companies that have for purposes of determining the demonstrably in sound financial health despite the bankruptcy proceedings, should not be delisted if filed or that have announced an intent continued listing status of the company. it can demonstrate that, within 18 months, it will to file for bankruptcy, and that are also Consistent with the principles be in compliance with the Exchange’s financial below the Exchange’s financial articulated above, the proposal would criteria. continued listing citeria, on a case-by- require that the non-equity instrument 9 In approving this Rule, the Commission has case basis. However, if a company has considered the proposed rule change’s impact on be publicly traded so as to assure the efficiency, competition, and capital formation. 15 previously filed an Exchange-approved ability to value the instrument. U.S.C. 78c(f). 10 15 U.S.C. 78f(b)(5). 11 Id.
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56976 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices plan to meet the Exchange’s continued of the International Maritime the Internet. We have continued to make listing standards within 18 months, Organization (IMO), which is scheduled improvements and would like public application of this provision to the for October 30–November 3, 2000, at the comment on the current system and our company does not restart the 18-month IMO headquarters in London. Proposed plans for future changes. clock. The Commission believes that U.S. positions on the agenda items for DATES: Comments must be submitted by certain flexibility in applying continued FAL 28 will be discussed. November 20, 2000. listing standards may occasionally be The major items for discussion for ADDRESSES: Mail or hand deliver necessary when establishing procedures FAL 28 will include the following: comments to the US Department of to uphold the quality of the market. —Convention on Facilitation of Transportation, Docket Management Accordingly, the Commission believes it International Maritime Traffic Facility, Docket No. OST–96–1436, is reasonable to provide the Exchange —Consideration and adoption of Room PL–401, 400 Seventh Street, SW., with the discretion to evaluate a proposed amendments to the Annex Washington, DC 20590, or submit company’s status to prevent premature, to the Convention electronically at http://dmses.dot.gov/ automatic delisting of a company —Electronic Data Interchange (EDI) submit/. The Docket Management otherwise qualified for continued messages for the clearance of ships Facility, Room PL–401, is open for listing. The Commission also believes —Application of the Committee’s public inspection and copying of that it is appropriate that a company Guidelines comments from 9 a.m. to 5 p.m. ET that has previously submitted a plan to —General review of the Convention Monday through Friday, except Federal come into compliance with the —Formalities connected with the Holidays. See SUPPLEMENTARY Exchange’s continued listing criteria not arrival, stay and departure of ships INFORMATION for additional information be extended additional time to come —Formalities related to cargo— on comment acknowledgment and into compliance by filing or declaring Facilitation aspects of the multimodal electronic submission. an intent to file for bankruptcy. The transport of dangerous goods FOR FURTHER INFORMATION CONTACT: Ms. Commission believes that this strikes a —Formalities connected with the Dorothy Y. Beard, Chief, Docket reasonable balance between providing arrival, stay and departure of Operations and Media Management, companies an opportunity to cure any persons—Stowaways SVC–124, (202) 366–5149. deficiencies and continue to list on the —Facilitation aspects of other IMO Exchange and protecting investors and forms and certificates SUPPLEMENTARY INFORMATION: the public interest by not continuing to —Ship-port interface Background list companies that cannot meet the —Technical co-operation sub-program This notice is intended to inform the Exchange’s continued listing criteria for facilitation public about, and to solicit public during the initial 18 month period. Members of the public may attend comment on, the features and functions this meeting up to the seating capacity IV. Conclusion of the DMS. Five years ago, DOT of the room. consolidated nine separate docket It is therefore ordered, pursuant to Interested persons may seek facilities and converted from a paper- Section 19(b)(2) of the Act,12 that the information by writing: Chief, Office of based system to an optical ‘‘imaging’’ proposed rule change (SR–NYSE–99– Standards Evaluation and Development, system, which keeps a picture of the 50), as amended, is approved. U.S. Coast Guard Headquarters, document, for more efficient storage, Commandant (G–MSR), room 1400, For the Commission, by the Division of management, and retrieval of docketed 2100 Second Street, SW, Washington, Market Regulation, pursuant to delegated information. The new system now authority.13 DC, 20593–0001 or by calling Mr. David provides the public with 24-hour access A. Du Pont at: (202) 267–0971. Margaret H. McFarland, and electronic filing of comments Deputy Secretary. Dated: September 13, 2000. through the world-wide web. DOT [FR Doc. 00–24129 Filed 9–19–00; 8:45 am] Stephen Miller, would like to take this opportunity to BILLING CODE 8010±01±M Executive Secretary, Shipping Coordinating obtain additional suggestions and Committee, U.S. Department of State. feedback on the DMS. [FR Doc. 00–24179 Filed 9–19–00; 8:45 am] Comment Acknowledgement DEPARTMENT OF STATE BILLING CODE 4710±07±P Any person wishing [Public Notice Number 3410] acknowledgement of comment receipt Shipping Coordinating Committee, DEPARTMENT OF TRANSPORTATION should include a self-addressed Facilitation Committee; Notice of stamped postcard, or print the Meeting Office of the Secretary acknowledgement page after submitting comments electronically. The Shipping Coordinating [Docket No. OST±96±1436] Electronic Access and Filing Committee (SHC) will conduct an open Docket Management System (DMS) meeting at 9:30 a.m. on Wednesday, You may submit comments online October 11, 2000, in room 1303 at U.S. AGENCY: Office of the Secretary, DOT. through the DMS at http:// Coast Guard Headquarters, 2100 Second ACTION: Notice requesting comments. dmses.dot.gov/submit/. Acceptable Street, SW, Washington, DC, 20593– formats include: MS Word (Versions 0001. SUMMARY: The Office of the Secretary 95–97), MS Word for Mac (Versions 6– The purpose of the meeting is to (OST) is requesting the public to 8), Rich Text File (RTF), American review the agenda items to be comment on the DOT Docket Standard Code Information Interchange considered at the twenty-eighth session Management System (DMS). Five years (ASCII)(TXT), Portable Document of the Facilitation Committee (FAL 28) ago, DOT consolidated nine separate Format (PDF), and Word Perfect (WPD) docket facilities and converted from a (Versions 7–8). Electronic Submission 12 15 U.S.C. 78s(b)(2). paper-based system to an electronic Help and Guidelines are available under 13 17 CFR 200.30–3(a)(12). storage system that we later placed on the Help section of the web site.
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Consolidated Feedback check added to the quality assurance Solution: Implementation is complete The next several paragraphs include application and procedures and for extensive descriptions and online consolidated feedback from our on-line eliminates any incomplete or missing help for configuring browsers for the feedback forms, previously solicited images. New documents received various viewer configurations. A comments, telephone callers, and electronically are immediately specific help section (Frequently Asked frequent customers. Each subject area processed into PDF to provide easier Questions) is currently available for includes a description and a solution access and hard copy documents are configuring the Wang Imaging and with the anticipated completion time. typically processed into PDF within one Kodak viewers that come with Windows DMS Search Function: http:// day. 95 (Win95) and Windows NT for dms.dot.gov/search/. Image Integrity: popular browsers. Completed Description: This area received the Description: The PDF conversion improvements to the user interface greatest amount of feedback. The issues performs an Optical Character provide a user-friendly environment to raised by commenters concerned the Recognition (OCR) process. In cases assist in finding the help and FAQ difficulty of locating desired where the application cannot recognize technical support information. Enhancements include instructions for information when searching in the the text, an image of the text is configuring Win95, NT, and various options provided, determining substituted for the characters which additionally to provide links to newer which docket number to use, and causes subtle variations in the look of commercial products. Where networks determining which fields to complete to the document (i.e., font changes, restrict access to ‘‘configured’’ web sites, conduct searches. The search area is character bolding, character we will continue to work with the comprised of three options: (a) Docket replacement, etc.). In order to maintain network support staff from each Search Form, (b) Docket Number, and document integrity, DMS provides links organization experiencing the problem (c) Keyword Search. The Docket Search to both the ‘‘original’’ document in TIFF to pinpoint the communications Form is an advanced search option and or one of the Electronic Submission failures. allows users to search for information in formats. The PDF copy is for convenience and faster downloading. Printing Multiple Documents: numerous docket and document level Description: Many users want to Solution: Future enhancement plans data fields. (‘‘Docket’’ refers to the file review all comments or an entire docket include an explanation of the PDF containing all of the documents for a on paper rather than browsing through issues to provide additional guidance particular rulemaking; and ‘‘Document’’ the web site. The current application for the Dockets users and explain the refers to the individual items in the requires each individual document to be technical limitations of the PDF files. A docket, such as a proposed rule or a viewed and printed one at a time, which disclaimer, telling users to treat the public comment on the proposed rule.) is very time consuming for large The Docket Number search is a quick TIFF image as the official record, warns dockets. Printing of the large images is search for users who know the last four users of PDF limitations. The PDF Image time intensive and sometimes causes digits of the DMS assigned docket and Text format will be used to provide severe performance problems. number. The Keyword Search is a a text layer for future full text search Solution: A new online Docket search that simultaneously searches the capabilities and provide a document printing request form is planned to data in the Docket Subject, Docket Title, identical to the original TIFF image. allow Web users to request DOT staff and Document Title fields for key Implementation of more informative print all of the documents within a words. explanations of the PDF file technical docket. The form will provide the user Solution: Completed improvements limitations and improved online help is with the cost for the printing/mailing include search tips, examples, and user- planned for availability by the end of services and track payment by check. friendly built in help mechanisms. DOT December 2000. The Dockets printing request form is plans to add additional online help, TIFF Image Byte Size Not Displayed: planned for completion in December user-friendly drop down menus, date Description: The DMS displays the 2000. range search capabilities, and more file size (byte size) for both the TIFF and Reports: http://dms.dot.gov/reports/. informative search tips with examples PDF files to assist users in determining Description: The DMS Web site is to make the search features easier to use. download times. On many of the older configured to only display documents These are planned for implementation images the TIFF file size appears as ** that have a corresponding document by the end of December 2000. and the number of bytes is missing. image saved into the system. The Daily Document Images: Solution: Completed updates to the Filing Report, which lists items filed Description: The DMS displays two database now include the byte size of all each day, displays all document records images for each document processed. TIFF images. This provides the user regardless of the availability of the The first image type, Tagged Image File with both the number of pages in the images. Users become frustrated when Format (TIFF), is a true picture copy of document, and the size of the file. they see a document on The Daily Filing the original document submitted to Viewers and Browser ‘‘Plug Ins’’: Report, but can not view the document DOT. The second image type, Portable Description: Since TIFF is not an on the DMS web site, because it is being Document Format (PDF), is a manually image format automatically available processed and has not been saved on the converted image using Adobe Capture with popular internet browsers, system. software to create a smaller text installation of a ‘‘plug-in’’ is needed to Solution: A modification is planned document. Some documents processed allow image viewing. The Help section which will enable users to view prior to 1997 included incomplete TIFF of the DMS includes instructions for document data in the data fields of the images. The documents displayed a bad ‘‘plug-in’’ installation and provides document record while the image is link or corrupt file message when links to vendors, but users continue to pending processing. A message display displayed in TIFF or PDF formats. have problems configuring the image will indicate that document image Solution: Completed adjustments to viewers in their browsers. In some processing is pending when the image is the DMS Web applications eliminated instances, networks restrict access to not available. Implementation is the file access problems. The ‘‘configured’’ web sites, blocking access planned for completion by December implementation of a new file integrity to the DMS. 2000.
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Online Support and Feedback: is intended to affect the legal status of the Federal Aviation Administration Air http://152.119.239.10/feedback/ any petition or its final disposition. Traffic Procedures Advisory Committee http://152.119.239.10/support/ DATES: Comments on petitions received (ATPAC) will be held to review present Description: Although there are pull must identify the petition docket air traffic control procedures and down menus, most users use ‘‘other’’ to number involved and must be received practices for standardization, describe any problems in the support on or before October 11, 2000. clarification, and upgrading of system. Users frequently submit ADDRESSES: Send comments on any terminology and procedures. comments via this area instead of in the petition in triplicate to: Federal DATES: The meeting will be held from required Electronic Submission section. Aviation Administration, Office of the October 3–5, 2000, from 9 a.m. to 5 p.m. Additionally, users call the 800-number Chief Counsel, Attn: Rule Docket (AGC– each day. rather than submit feedback or support 200), Petition docket No. lll, 800 ADDRESSES: requests online. Independence Avenue, SW., The meeting will be held at Solution: More descriptive categories Washington, D.C. 20591. the Federal Aviation Administration, exist in both the feedback and support Comments may also be sent Bessie Coleman Conference Center, 800 systems to adequately describe the electronically to the following internet Independence Avenue, SW., problem types. Callers utilizing the 800- address: [email protected]. Washington, DC. number service receive notification of The petition, any comments received, FOR FURTHER INFORMATION CONTACT: Mr. the online capability. We completed and a copy of any final disposition are Eric Harrell, Executive Director, changes to the Online Support and filed in the assigned regulatory docket ATPAC, Terminal and En Route Feedback functions in February 2000. and are available for examination in the Procedures Division, 800 Independence We are soliciting any thoughts or Rules Docket (AGC–200), room 915G, Avenue, SW., Washington, DC 20591, ideas regarding the information FAA Headquarters Building (FOB 10A), telephone (202) 267–3725. provided within this notice. We 800 Independence Avenue, SW., SUPPLEMENTARY INFORMATION: Pursuant welcome DMS enhancement Washington, D.C. 20591; telephone to Section 10(a)(2) of the Federal suggestions, other potential service (202) 267–3132. Advisory Committee Act (Pub. L. 92– areas of interest, and user feedback FOR FURTHER INFORMATION CONTACT: 463; 5 U.S.C. App. 2), notice is hereby regarding the need for a DMS training Cherie Jack (202) 267–7271, Forest given of a meeting of the ATPAC to be course. Rawls (202) 267–8033, or Vanessa held October 3 through October 5, 2000, Wilkins (202) 267–8029 Office of Issued in Washington, DC on September at the Federal Aviation Administration, Rulemaking (ARM–1), Federal Aviation 14, 2000. Bessie Coleman Conference Center, 800 Administration, 800 Independence Neil R. Eisner, Independence Avenue, SW., Avenue, SW., Washington, DC 20591. Assistant General Counsel for Regulation and Washington, DC. Enforcement. This notice is published pursuant to The agenda for this meeting will [FR Doc. 00–24181 Filed 9–19–00; 8:45 am] paragraphs (c), (e), and (g) of 11.27 of Part 11 of the Federal Aviation cover: a continuation of the Committee’s BILLING CODE 4910±62±P Regulations (14 CFR Part 11). review of present air traffic control procedures and practices for Issued in Washington, DC, on September standardization, clarification, and DEPARTMENT OF TRANSPORTATION 15, 2000. upgrading of terminology and Donald P. Byrne, procedures. It will also include: Federal Aviation Administration Assistant Chief Counsel for Regulations. 1. Approval of Minutes. [Summary Notice No. PE±2000±48] Petitions for Exemption 2. Submission and Discussion of Petitions for Exemption; Summary of Docket No.: 30190. Areas of Concern. Petitions Received; Dispositions of Petitioner: Midwest Express Airlines, 3. Discussion of Potential Safety Petitions Issued Inc. Items. Section of the FAR Affected: 14 CFR AGENCY: Federal Aviation 93.123. 4. Report from Executive Director. Administration (FAA), DOT. Description of Relief Sought: To 5. Items of Interest. ACTION: Notice of petitions for permit Midwest to operate at Ronald 6. Discussion and agreement of exemption received and of dispositions Reagan Washington National Airport location and dates for subsequent of prior petitions. using slot 1497. This slot previously meetings. was used by American West Airlines Attendance is open to the interested SUMMARY: Pursuant to FAA’s rulemaking under Exemption No. 5133. provisions governing the application, public but limited to the space processing, and disposition of petitions [FR Doc. 00–24151 Filed 9–19–00; 8:45 am] available. With the approval of the for exemption (14 CFR Part 11), this BILLING CODE 4910±13±M Chairperson, members of the public may notice contains a summary of certain present oral statements at the meeting. petitions seeking relief from specified Persons desiring to attend and persons requirements of the Federal Aviation DEPARTMENT OF TRANSPORTATION desiring to present oral statements should notify the persons listed above Regulations (14 CFR Chapter I), Federal Aviation Administration dispositions of certain petitions not later than September 29, 2000. The next quarterly meeting of the FAA previously received, and corrections. Air Traffic Procedures Advisory ATPAC is planned to be held from The purpose of this notice is to improve Committee the public’s awareness of, and January 22–25, 2001, in Dallas, TX. participation in, this aspect of FAA’s AGENCY: Federal Aviation Any member of the public may regulatory activities. Neither publication Administration (FAA), DOT. present a written statement to the of this notice nor the inclusion or SUMMARY: The FAA is issuing this notice Committee at any time at the address omission of information in the summary to advise the public that a meeting of given above.
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Issued in Washington, DC, on August 30, Reconciliation Act of 1990) (Public Law Omnibus Budget Reconciliation Act of 2000. 101–508) and Part 158 of the Federal 1990) (Pub. L. 101–508) and Part 158 of Eric Harrell, Aviation Regulations (14 CFR Part 158). the Federal Aviation Regulations (14 Executive Director, Air Traffic Procedures On August 24, 2000, the FAA CFR Part 158). This notice is published Advisory Committee. determined that the application to pursuant to paragraph d of § 158.29. [FR Doc. 00–24148 Filed 9–19–00; 8:45 am] impose and use the revenue from a PFC PFC Applications Approved BILLING CODE 4910±13±M submitted by the Fort Dodge Regional Airport, Fort Dodge, Iowa, was Public Agency: Greater Baton Rouge substantially complete within the Airport District, Baton Rouge, DEPARTMENT OF TRANSPORTATION requirements of section 158.25 of Part Louisiana. 158. The FAA will approve or Application Number: 00–05–C–00– Federal Aviation Administration disapprove the application, in whole or BTR. in part, no later than November 10, Application Type: Impose and Use a Notice of Intent To Rule on Application 2000. PFC. 00±02±C±00±FOD To Impose and Use The following is a brief overview of PFC Level: $3.00. the Revenue From a Passenger Facility the application. Total PFC Revenue Approved in This Charge (PFC) at Fort Dodge Regional Level of the proposed PFC: $3.00. Decision: $6,504,390. Airport, Fort Dodge, IA Proposed charge effective date: Earliest Charge Effective Date: August AGENCY: Federal Aviation February 1, 2001. 1, 2016. Administration, (FAA), DOT. Proposed charge expiration date: Estimated Charge Expiration Date: January 1, 2022. ACTION: December 1, 2001. Notice of Intent To Rule on Class of Air Carriers Not Required to Application. Total estimated use revenue: $19,896. Total estimated impose revenue: Collect PFC’s: Part 135 on-demand air SUMMARY: The FAA proposes to rule and $19,896. taxi/commercial operators filing FAA invites public comment on the Brief description of proposed Form 1800–31. application to impose and use the project(s): Mark and Groove Runway 6/ Determination: Approved. Based on revenue from a PFC at Fort Dodge 24, Update Airport Master Plan. information contained in the public Regional Airport under the provisions of Any person may inspect the agency’s application, the FAA has the Aviation Safety and Capacity application in person at the FAA office determined that the approved class Expansion Act of 1990 (Title IX of the listed above under FOR FURTHER accounts for less than 1 percent of the Omnibus Budget Reconciliation Act of INFORMATION CONTACT. total annual enplanements at Greater 1990) (Public Law 101–508) and Part In addition, any person may, upon Baton Rouge Metropolitan Airport. 158 of the Federal Aviation Regulations request, inspect the application, notice Brief Description of Projects Approved (14 CFR Part 158). and other documents germane to the for Collection and Use: Construct and realign airport access DATES: Comments must be received on application in person at the Fort Dodge road. or before October 20, 2000. Regional Airport. Acquire and install six passenger ADDRESSES: Comments on this Issued in Kansas City, Missouri on August loading bridges. 28, 2000. application may be mailed or delivered Decision Date: July 25, 2000. in triplicate to the FAA at the following George A. Hendon, FOR FURTHER INFORMATION CONTACT: G. address: Federal Aviation Manager, Airports Division, Central Region. Thomas Wade, Southwest Region Administration, Central Region, [FR Doc. 00–24149 Filed 9–19–00; 8:45 am] Airports Division, (817) 222–5613. Airports Division, 901 Locust, Kansas BILLING CODE 4910±13±M Public Agency: Palm Beach County, City, MO 64106. Department of Airports, West Palm In addition, one copy of any Beach, Florida. comments submitted to the FAA must DEPARTMENT OF TRANSPORTATION Application Number: 00–05–C–00– be mailed or delivered to Ms. Rhonda Federal Aviation Administration PBI. Chambers, Airport Manager, Fort Dodge Application Type: Impose and use a Regional Airport, at the following PFC. address: R.R. 2, Fort Dodge, IA 50501. Notice of Passenger Facility Charge (PFC) Approvals and Disapprovals PFC Level: $3.00. Air carriers and foreign air carriers Total PFC Revenue Approved in This may submit copies of written comments AGENCY: Federal Aviation Decision: $37,324,000. previously provided to the Fort Dodge Administration (FAA), DOT. Earliest Charge Effective Date: Regional Airport, under section 158.23 ACTION: December 1, 2000. of Part 158. Monthly Notice of PFC Approvals and Disapprovals. In August Estimated Charge Expiration Date: FOR FURTHER INFORMATION CONTACT: 2000, there were three applications November 1, 2005. Mark Schenkelberg, FAA, Central approved. This notice also includes Class of Air Carriers Not Required to Region, 901 Locust, Kansas City, MO information on one application, Collect PFC’s: Air taxi/commercial 64106, (816) 329–2645. The application approved in July 2000, inadvertently left operators filing FAA Form 1800–31. may be reviewed in person at this same off the July 2000 notice. Additionally, Determination: Approved. Based on location. eight approved amendments to information contained in the public SUPPLEMENTARY INFORMATION: The FAA previously approved applications are agency’s application, the FAA has proposes to rule and invites public listed. determined that the approved class comment on the application to impose accounts for less than 1 percent of the and use the revenue from a PFC at Fort SUMMARY: The FAA publishes a monthly total annual enplanements at Palm Dodge Regional Airport under the notice, as appropriate, of PFC approvals Beach International Airport. provisions of the Aviation Safety and and disapprovals under the provisions Brief Description of Projects Approved Capacity Expansion Act of 1990 (Title of the Aviation Safety and Capacity for Collection and Use: IX of the Omnibus Budget Expansion Act of 1990 (Title IX of the Construct concourse B expansion.
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56980 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices
Baggage improvements and Design of non-licensed vehicle road. Public Agency: Central West Virginia rehabilitation. Design of taxiway K (revised). Regional Airport Authority, Charleston, Brief Description of Projects Approved Installation of water main. West Virginia. for Collection: Design Highway 301 connector. Application Number: 00–06–C–00– Construct taxiway A extension and Land acquisition. CRW. canal relocation. Improve terminal building. Design of taxiway K extension. Application Type: Impose and use a Construct perimeter road. PFC. Terminal signage. Rehabilitate general aviation apron. Rehabilitate cabin air system. Acquire land for development. PFC Level: $3.00. Rehabilitate terminal building. Acquire noise land within 65 to 69 Total PFC Revenue Approved in This Install security access control system. Decision: $992,810. DNL. Brief Description of Projects Approved Earliest Charge Effective Date: Expand terminal concourse C. for Collection: February 1, 2001. Decision Date: August 22, 2000. Construct north general aviation FOR FURTHER INFORMATION CONTACT: ramp. Estimated Charge Expiration Date: Vernon P. Rupita, Orlando Airports Security system upgrade phase II. August 1, 2002. District Office, (407) 812–6331, ext. 24. Design and construct runway safety Classes of Air Carriers Not Required Public Agency: City of Fayetteville, area, runway 4. to Collect PFC’s: North Carolina. Acquire land. (1) Part 135 charter operators for hire Application Number: 00–01–C–00– Renovate terminal, phase II. to the general public; (2) Part 121 FAY. Construct runway safety area, runway charter operators for hire to the general Application Type: Impose and use a 4 (phase 2). public. PFC. Land acquisition. Determination: Approved. Based on PFC Level: $3.00. Renovate terminal, phase III. information contained in the public Total PFC Revenue Approved in This Construct runway safety area, runway agency’s application, the FAA has Decision: $892,620. 22. determined that each approved class Earliest Charge Effective Date: Acquire land. accounts for less than 1 percent of the November 1, 2000. Acquire land in fee. total annual enplanements at Yeager Estimated Charge Expiration Date: Construct non-license vehicle road. Airport. October 1, 2002. Construct jet bridge modification. Class of Air Carriers Not Required to Construct taxiway K. Brief Description of Projects Approved Collect PFC’s: None. Brief Description of Disapproved for Collection and Use: Brief Description of Projects Approved Project: Acquire two snow plows. for Collection and Use: Rehabilitate runway 10/28. Main terminal apron extension. Determination: Disapproved. The Airport entrance road. Acquire snow broom. Jetway system modifications. FAA has determined that the runway proposed for rehabilitation is an Environmental assessment—safety Security system upgrade. area. Preplanning associated with the ineligible crosswind runway. Paragraph Emergency generator connection. runway safety areas. 521(c) of FAA Order 5100.38A, Airport Construction of a fire training facility Improvement Program (AIP) Handbook Terminal building expansion. and the rehabilitation of a 1,500 gallon (October 24, 1989) states that, in order Two passenger loading bridges. aircraft rescue and firefighting (ARFF) for a crosswind runway to be AIP Passenger access walkway. vehicle. eligible, the wind coverage on the Brief Description of Withdrawn Update airport master plan. primary runway must be less than 95 Project: percent or the capacity of the primary Installation of taxiway guidance signs Benefit/cost analysis. and runway end identification lights. runway is not sufficient to meet current and near term demand. The airport does Determination: This project was Design of new general aviation area. withdrawn by the public agency in its Acquire foreign object damage not meet either criteria to make a letter dated August 30, 2000. Therefore, sweeper. crosswind runway AP eligible. the FAA did not rule on this project in Installation of terminal loading Therefore, this project doesn’t meet the this decision. bridges. requirements of § 158.15(b)(1). Construction of new general aviation Decision Date: August 28, 2000. Decision Date: August 30, 2000. area. FOR FURTHER INFORMATION CONTACT: Lee FOR FURTHER INFORMATION CONTACT: Acquire handicap lift device. Kyker, Atlanta Airports District Office, Kenneth Kroll, Eastern Region Airports Acquire ARFF vehicle. (404) 305–7161. Division, (718) 553–3357.
AMENDMENTS TO PFC APPROVALS
Original ap- Amended Original es- Amended Amendment proved net approved timated estimated Amendment No. city, state approved PFC rev- net PFC charge exp. charge exp. date enue revenue date date
94±01±C±02±TUP ...... 06/09/00 $490,400 $430,550 12/01/07 03/01/04 Tupelo, MS 98±02±U±01±TUP ...... 06/09/00 NA NA 12/01/07 03/01/04 Tupelo, MS 95±01±C±02±IMT ...... 08/10/00 122,367 130,214 01/01/01 03/01/01 Iron Mountain, MI 97±02±C±01±CHA ...... 08/10/00 2,803,262 150,000 07/01/10 08/01/05 Chattanooga, TN 96±03±C±01±LAX ...... 08/25/00 59,902,000 52,027,000 02/01/04 01/01/04
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AMENDMENTS TO PFC APPROVALSÐContinued
Original ap- Amended Original es- Amended Amendment proved net approved timated estimated Amendment No. city, state approved PFC rev- net PFC charge exp. charge exp. date enue revenue date date
Los Angeles, CA 92±01±I±07±PHL ...... 08/25/00 103,824,405 100,014,092 07/01/11 02/01/11 Philadelphia, PA 95±03±C±03±PHL ...... 08/25/00 14,000,000 9,994,274 07/01/11 02/01/11 Philadelphia, PA 98±06±C±04±PHL ...... 08/25/00 14,000,000 8,500,000 07/01/11 02/01/11 Philadelphia, PA
Issued in Washington, DC on September Division, webpage at http:// DATES: Comments must be received on 14, 2000. www.opspecs.com. Interested parties or before December 19, 2000. Eric Gabler, are invited to submit comments on ADDRESSES: Address your comments to Manager, Passenger Facility Charge Branch. proposed guidance documents. the Docket Management System, U.S. [FR Doc. 00–24146 Filed 9–19–00; 8:45 am] Comments must specifically identify the Department of Transportation, Room BILLING CODE 4910±13±M policy document, and comments can be Plaza 401, 400 Seventh Street, SW., submitted to the address specified Washington, DC 20590–0001. You must above. The appropriate FAA Flight identify the docket number FAA–2000– DEPARTMENT OF TRANSPORTATION Standards Division before issuing the 7937 at the beginning of your final document will consider all comments. If you wish to receive Federal Aviation Administration communications received on or before confirmation that FAA received your the closing date for comments. The Notice of FAA Flight Standards comments, include a self-addressed guidance documents are bulletin stamped postcard. Continuous Airworthiness amendments to FAA Flight Standards Maintenance Division, Air You may also submit comments Orders 8300.10 and 8700.10 and through the Internet to http:// Transportation Division and General 8700.10 Inspector’s Handbook. These Aviation and Commercial Division, dms.dot.gov/. You may review the guidance bulletins serve as instructions public docket containing comments to Guidance Documents Internet Web to the FAA Aviation Safety Inspector’s Site Availability To Request these proposed regulations in person in in the performance of their duties. the Dockets Office between (9:00 a.m. Comments; Flight Standards Guidance Safety critical guidance bulletins may Documents Internet Web Site and 5:00 p.m.), Monday through Friday, not be posted on the webpage due to except Federal holidays. The Dockets AGENCY: Federal Aviation urgent safety issues. Comments to these Office is on the plaza level of the Nassif Administration (FAA), DOT. documents must be received no later Building at the Department of than the 10th day from the posting of ACTION: Notice. Transportation at the above address. the document on the Internet Web Site. Also you may review the comments on SUMMARY: This notice announces the Issued in Washington, D.C. on August 31, the Internet at http://dms.dot.gov. availability of proposed Flight 2000. FOR FURTHER INFORMATION CONTACT: Standards policy documents. These L. Nicholas Lacey, Robert E. David, AAS–300, Airport documents provide information and Director, Flight Standards Service. Safety and Operations Division, Office guidance regarding prospective [FR Doc. 00–24150 Filed 9–19–00; 8:45 am] of Airport Safety and Standards, Federal Airworthiness and Operations BILLING CODE 4910±13±M Aviation Administration, 800 procedures to FAA Aviation Safety Independence Avenue, SW., Inspectors. The public is invited to Washington, DC 20591, telephone (202) provide comments on these documents DEPARTMENT OF TRANSPORTATION 267–3085. published on the FAA’s interned web SUPPLEMENTARY INFORMATION: site. Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: [Docket No. FAA±2000±7937] Comments Invited Connie Streeter, Flight Standards; Air Interested parties are invited to Transportation Division, at (202) 267– Runway Safety Areas comment on the need to improve 3232, Gwen Hargrove, Continuous AGENCY: Federal Aviation runway safety areas and the alternatives Airworthiness Maintenance Division, at Administration (FAA), DOT. outlined in this notice that the FAA (202) 267–3440, and Susan Gardner, ACTION: Request for comments. considers in determining whether or not General Aviation and Commercial it is practicable to improve a particular Division, at (202) 267–3437, Federal SUMMARY: Section 514 of the FAA runway safety area. The FAA is also Aviation Administration, 800 Reauthorization Act of 2000 requires the interested in receiving comments that Independence Avenue, SW., FAA to solicit comments on the need for identify other alternatives that may be Washington, DC 20591. improvement of runway safety areas used to improve runway safety areas. SUPPLEMENTARY INFORMATION: through the use of engineered material Comments on the costs associated with arresting systems, longer runways, and implementing any of these measures are Discussion such other alternatives as the also invited. Copies of draft guidance documents Administrator considers appropriate. Comments must identify the docket may be obtained by accessing the FAA This notice is being issued in response number and be submitted in duplicate Flight Standards Air Transportation to that legislative requirement. to the DOT Rules Docket address
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56982 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices specified above. The docket is available extends 240 feet beyond each end of the with the standards contained in for inspection before and after the runway. For larger aircraft the standard Advisory Circular 150/5300–13. comment closing date. for an RSA is an area 500 feet wide that Accomplishing this may involve land extends 1000 feet beyond each end of acquisition, grading, obstacle removal/ Background the runway. As a rule of thumb, the RSA relocation, and environmental In the early years of aviation, all length beyond the runway end is twice mitigation. When it is not practicable to airplanes operated from relatively the RSA width. obtain the entire RSA in this manner, unimproved airfields. As aviation The FAA’s current design standards then the airport operator should obtain developed, the alignment of takeoff and for RSAs are contained in Advisory as much safety area as is possible. landing paths became centered on a Circular (AC) 150/5300–13, Airport When it is not possible to obtain the well-defined area known as a landing Design (This advisory circular is entire RSA as specified above, then the strip. Thereafter, the requirements of available on the web: http:// airport operator should consider the more advanced airplanes necessitated www.faa.gov/arp). The RSA following alternatives. The applicability improving or paving the center portion dimensional standards have increased and practicability of these alternatives of the landing strip. The term ‘‘landing over the last thirty years as aircraft have will vary depending upon the specific strip’’ was retained to describe the become larger and faster. As with any situation. In some instances it may be graded area surrounding and upon change in standards, it is difficult for practicable to use these alternatives in which the runway or improved surface many existing airports to meet to the combination with each other to obtain was constructed. The primary role of a changed standards. the RSA. A brief description of each landing strip changed to that of a safety The FAA’s policy is that these alternative is provided. area surrounding a runway. Later, the airports must improve the RSA for each a. Shifting, Realignment, or Relocation designation of the area was changed to runway, to the extent practicable, of the Runway ‘‘Runway Safety Area,’’ and the distance whenever the airport operator it extended beyond the runway end was undertakes construction work on that Shifting involves moving the runway lengthened to reflect its functional role. runway. along its extended runway centerline. Prior to conducting an aircraft This alternative may be applicable operation on a runway, a pilot is Considerations in Determining where land that could be used for RSA responsible for determining that the Practicability is available on one end of the runway runway length and width is sufficient In determining the practicability of but not on the other. for the operation. The presence or obtaining or improving RSAs, there are Realignment involves reorienting the absence of a runway safety area (RSA) many factors that could affect the runway heading at its present site. is not part of this determination. The viability of the alternative. What may be Generally, this alternative is only RSA is considered a safety enhancement viable at one airport may not be viable feasible if the entire runway is that is beneficial if something abnormal at another. Factors to be considered undergoing a major rehabilitation and occurs during the takeoff or landing. include: the runway is not part of a parallel The RSA enhances the safety of a. Historical records of airport runway system. airplanes that undershoot, overrun, or accidents/incidents. Relocation involves moving the veer off the runway. It provides greater b. The airport plans as reflected in physical location of the runway. This flexibility and access for firefighting and current and forecast volume of alternative is practicable if sufficient rescue equipment during such passengers and operations, percent land exists on the airport or adjacent to incidents. RSAs extend along the sides runway use, both of all weather and IFR it for the construction of the relocated and beyond the end of the runway and operations; and the design aircraft, i.e., runway. The runway may have the same are capable, under normal (dry) the aircraft category for which the or a different orientation from the conditions, of supporting airplanes runway length is based. existing runway. without causing substantial damage to c. The extent to which the existing b. Reduction in Runway Length the airplanes or injury to their RSA complies with the standard. High occupants. RSAs are cleared, graded, performance aircraft, operating at higher This alternative is applicable where and have no potentially hazardous ruts, loads and speeds have greater the existing runway length exceeds that humps, depressions, or other surface requirements than small, low which is required for the current or variations. The only objects allowed in performance aircraft. projected design aircraft operations. The the RSA are those which are fixed by d. Site constraints. These include, for alternative involves reducing the their function, such as an approach light example, precipitous terrain dropoff, the physical length of the pavement by system that provides pilots with visual existence of bodies of water, wetlands, removing pavement or marking it as navigation to the runway’s end. These a major highway, a railroad at a runway unusable. This alternative may be objects are as frangible as practical so end, etc. applicable at a military base that has that they will break away when hit by e. Weather and climatic conditions. been transferred to civilian use or an air an aircraft, thereby minimizing the These include conditions such as low carrier airport that has been replaced damage to the aircraft and reducing the visibility, rain, snow, and ice and the with a new airport for the air carriers risk of injuries to its occupants. frequency of these conditions. Overruns but remains open for use by general on contaminated runways constitute a aviation aircraft. Standards for RSAs significant percentage of runway c. Declared Distances The dimensional standards for RSAs excursions. vary according to the type of aircraft f. Availability of visual and electronic This alternative is applicable where that the runway is intended to seve and aids for landing. the existing runway length exceeds that visibility minimums associated with the which is required for the current or runway. For example, the standard for Alternatives for Improving RSA’s projected design aircraft operations. the RSA for runways designed for visual The FAA believes that wherever it is This alternative involves the airport approaches by small general aviation practicable an airport operator should operator declaring that a length less aircraft is an area 120 feet wide that construct a safety area that complies than the actual pavement length is
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices 56983 available for landing or accelerate-stop U.S.C. 3501 et seq.) and 5 CFR Identification of Cars Moved in distance calculations. For example, if a 1320.5(b), this notice announces that the Accordance with Order 13528. The new runway is 7000 feet in length, an airport information collection requirements expiration date for this information operator may declare that only 6000 feet (ICRs) listed below have been re- collection is June 30, 20003. (9) OMB is available for landing or takeoff. The approved by the Office of Management No. 2130–0509, State Safety pilot then calculates his/her landing and Budget (OMB) for an additional Participation Regulations and Remedial distance and accelerate-stop distance three years. These ICRs pertain to 49 Actions (49 CFR Parts 209 and 212). The based upon 6000 feet, thereby providing CFR Parts 207, 209, 210, 212, 214, 215, new expiration date for this information an effective RSA of 1000 feet at the end 217, 218, 219, 220, 221, 223, 228, 229, collection is August 31, 2003. (10) OMB of the runway. The 1000 feet of runway 232, 233, 234, 235, and 236. The OMB No. 2130–0516, Remotely Controlled that is not available for use in the one approval numbers, titles, and expiration Railroad Switch Operations (49 CFR direction may be available for dates are included herein under the Part 218). The new expiration date for operations in the other direction on the Supplementary Information title. this information collection is July 31, runway. (Note: this is how the declared FOR FURTHER INFORMATION CONTACT: Mr. 2003. distance alternative differs from the Robert Brogan, Office of Planning and Additionally, the following ICRs have reduction in runway length alternative Evaluation Division, RRS–21, Federal been re-approved for another three discussed in paragraph b.) Additional Railroad Administration, 1120 Vermont years: (11) OMB No. 2130-0519, Bad information on declared distances is Ave., N.W., Mail Stop 17, Washington, Order and Home Shop Card (49 CFR contained in Appendix 14 of AC 150/ D.C. 20590 (telephone: (202) 493-6292), Part 215). The new expiration date for 5300–13. or Dian Deal, Office of Information this information collection is July 31, Technology and Productivity 2003. (12) OMB No. 2130–0520, d. Engineered Material Arresting Stenciling Reporting Mark on Freight Systems (EMAS) Improvement, RAD–20, Federal Railroad Administration, 1120 Vermont Cars (49 CFR Part 215). The new This alternative provides a way to Ave., N.W., Mail Stop 35, Washington, expiration date for this information enhance safety when it is not D.C. 20590 (telephone: (202) 493–6133). collection is July 31, 2003. (13) OMB No. 2130–0523, Rear-End Marking practicable to obtain a full RSA through (These telephone numbers are not toll- Devices (49 CFR Part 221). The new the preceding alternatives. It is only free.) expiration date for this information applicable to aircraft overruns. EMAS is SUPPLEMENTARY INFORMATION: a passive system consisting of material collection is August 31, 2003. (14) OMB The Paperwork Reduction Act of 1995 No. 2130–0525, Certification of Glazing designed to decelerate an aircraft (PRA), Pub. L. No. 104–13, § 2, 109 Stat. passing through it. Advisory Circular Materials (49 CFR Part 223). The new 163 (1995) (codified as revised at 44 expiration date for this information 150/5220–22, Engineered Materials U.S.C. 3501–3520), and its Arresting Systems for Aircraft Overruns collection is August 31, 2003. (15) OMB implementing regulations, 5 CFR Part No. 2130–0526, Control of Alcohol and contains additional information on 1320, require Federal agencies to EMAS (This advisory circular is Drug Use in Railroad Operations (49 display OMB control numbers and CFR Part 219). The new expiration date available on the web: htts:// inform respondents of their legal www.faa.gov/arp). EMAS is not a for this information collection is June significance once OMB approval is 30, 2003. (16) OMB No. 2130–0527, substitute for, nor equivalent to any obtained. The following FRA ICRs were length or width of runway safety area. New Locomotive Certification, Noise recently re-approved: (1) OMB No. Compliance Regulations (49 CFR Part It is placed off the end of the runway 2130–0004, Railroad Locomotive Safety centered upon the extended runway 210). The new expiration date for this Standards and Event Recorders (49 CFR information collection is July 31, 2003. centerline. The width of the EMAS Part 229). The new expiration date for installation is the same as the width of (17) OMB No. 2130–0529, this information collection is September Disqualification Proceedings (49 CFR the runway while its length is 30, 2003. (2) OMB No. 2130–0005, dependent upon the design aircraft and 209, Subpart D). The new expiration Hours of Service Regulations (49 CFR date for this information collection is amount of land area available beyond Part 228). The new expiration date for the end of the runway. July 31, 2003. (18) OMB No. 2130–0534, this information collection is September Grade Crossing Signal System Safety (49 Issued in Washington, D.C. on September 30, 2003. (3) OMB No. 2130–0006, CFR Part 234). The new expiration date 13, 2000. Railroad Signal System Requirements for this information collection is July 31, David L. Bennett, (49 CFR Parts 233, 235, and 236). The 2003. (19) OMB No. 2130–0535, Bridge Director, Office of Airport Safety and new expiration date for this information Worker Safety Rules (49 CFR Part 214). Standards. collection is July 31, 2003. (4) OMB No. The new expiration date for this [FR Doc. 00–24147 Filed 9–19–00; 8:45 am] 2130–0017, DOT Crossing Inventory information collection is August 31, BILLING CODE 4910±13±M Form. The new expiration date for this 2003. (20) OMB No. 2130–0537, information collection is March 31, Railroad Police Officers (49 CFR Part 2003. (5) OMB No. 2130–0035, Railroad 207). The new expiration date for this DEPARTMENT OF TRANSPORTATION Operating Rules (49 CFR Parts 217 and information collection is June 30, 2003. 220). The new expiration date for this (21) OMB No. 2130–0540, Two-way Federal Railroad Administration information collection is August 31, End-of-Train Devices (49 CFR Part 232). 2003. (6) OMB No. 2130–0500, Agency Information Collection The new expiration date for this Accident/Incident Reporting and Activities information collection is August 31, Recordkeeping (49 CFR Part 225). The 2003. AGENCY: Federal Railroad new expiration date for this information Persons subject to the above ICRs are Administration, DOT. collection is July 31, 2003. (7) OMB No. not required to respond to any ACTION: Notice of OMB Approvals. 2130–0502, Filing of Dedicated Cars (49 collections of information unless they CFR Part 215). The new expiration date display currently valid OMB control SUMMARY: In compliance with the for this information collection is July 31, numbers. These approvals certify that Paperwork Reduction Act of 1995 (44 2003. (8) OMB No. 2130–0506, FRA has complied with the PRA
VerDate 112000 19:59 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\20SEN1.SGM pfrm03 PsN: 20SEN1 56984 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Notices provisions and with 5 CFR 1320.5(b) by ACTION: List of Applicants for Comments should refer to the informing the public about OMB’s Exemptions. application number and be submitted in approval of the ICRs of the above cited triplicate. If conformation of receipt of SUMMARY: In accordance with the regulations. comments is desired, include a self- procedures governing the application addressed stamped postcard showing Authority: 44 U.S.C. 3501–3520. for, and the processing of, exemptions the exemption application number. Issued in Washington, D.C. on September from the Department of Transportation’s 15, 2000. Hazardous Materials Regulations (49 FOR FURTHER INFORMATION CONTACT: Kathy A. Weiner, CFR Part 107, Subpart B), notice is Copies of the applications (See Docket hereby given that the Office of Number) are available for inspection at Director, Office of Information Technology Hazardous Materials Safety has received the New Docket Management Facility, and Support Systems, Federal Railroad the applications described herein. Each Administration PL–401, at the U.S. Department of mode of transportation for which a [FR Doc. 00–24152 Filed 9–19–00; 8:45 am] Transportation, Nassif Building, 400 7th particular exemption is requested is Street, SW. Washington, DC 20590 or at BILLING CODE 4910±06±P indicated by a number in the ‘‘Nature of http://dms.dot.gov. Application’’ portion of the table below as follows: 1—Motor vehicle, 2—Rail This notice of receipt of applications DEPARTMENT OF TRANSPORTATION freight, 3—Cargo vessel, 4—Cargo for new exemptions is published in aircraft only, 5—Passenger-carrying accordance with Part 107 of the Federal Research and Special Programs aircraft. hazardous materials transportation law Administration (49 U.S.C. 5117(b); 49 CFR 1.53(b)). DATES: Comments must be received on Office of Hazardous Materials Safety; or before October 20, 2000. Issued in Washington, DC, on September Notice of Applications for Exemptions ADDRESS COMMENTS TO: Records Center, 14, 2000. Research and Special Programs J. Suzanne Hedgepeth, AGENCY: Research and Special Programs Administration, U.S. Department of Director, Office of Hazardous Materials Administration, DOT. Transportation, Washington, DC 20590. Exemptions and Approvals.
NEW EXEMPTIONS
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
12531±N ...... RSPA±00±7865 ..... Worthington Cylinder 49 CFR 173.302(a), To authorize the manufacture, marking, sale Corporation, Colum- 173.304(a), 173.304(d), and use of non-DOT specification cylinders bus, OH. 178.61(b), 178.61(f), designed in accordance with DOT 4BW 178.61(g), 178.61(i), specification for use in transporting various 178.61(k). hazarous materials. (Modes 1, 2, 3, 4.) 12532±N ...... RSPA±00±7864 ..... Carleton Technologies 49 CFR 173.302(a) 175.3 ..... To authorize the manufacture, marking, sale Inc., Orchard Park, and use of non-DOT specification cylinders NY. similar to DOT specification 39 cylinder for use in transporting helium, Division 2.2. (Modes 1, 2, 4.) 12533±N ...... RSPA±00±7862 ..... Adams Healthcare Ltd., 49 CFR 173.306(a)(3)(v) ...... To authorize alternative testing criteria for aer- Garforth, Leeds, EN. osol containers meeting DOT specification 2Q for use in transporting Divison 2.1 mate- rial. (Modes 1, 3.) 12534±N ...... RSPA±00±7863 ..... MODcol Corp., Sunny- 49 CFR 173.302, 178.602± To authorize the manufacture, marking, sale vale, CA. 178.606. and use of a composite package containing limited quantities of Class 3 material with fi- berboard or plywood overpack. (Modes 1, 2, 3, 4.) 12535±N ...... RSPA±00±7886 ..... Untied States Depart- 49 CFR 177.842(b)(1) ...... To authorize the transportation in commerce of ment of Commerce, unirradiated fuel in carbon steel structures Gaithersburg, MD. with an alternative distance separation within the transport vehicle. (Mode 1.) 12536±N ...... RSPA±00±7887 ..... Department of Energy, 49 CFR 173.211 ...... To authorize the transportation in commerce of Albuquerque, NM. a specially designed device consisting of a sealed stainless steel containment vessel overpacked in a steel transport container for an oxidizing solid, Division 5.1. (Mode 1.) 12537±N ...... RSPA±00±7885 ..... Noranda-Dupont LLC, 49 CFR 172.203(a), To authorize an alternative retest criteria for Wilmington, DE. 180.509((1) (2). DOT specification 111A100W tank cars used in sulfuric acid service. (Mode 1.) 12538±N ...... RSPA±00±7884 ..... Champagne Special- 49 CFR 180.519 ...... To authorize the repair and alteration of multi- ties, Inc., Fairport, tank car tanks that conform to alternative re- NY. quirements for qualification and mainte- nance. (Mode 1.) 12539±N ...... RSPA±00±7883 ..... Edlow International 49 CFR 173.420(a)(2)(i) ...... To authorize the one-time transportation of 19 Company, Wash- model 30B cylinders, which deviate from the ington, DC. ANSI 14.1 standards, containing uranium hexafluoride, Class 7. (Modes 1, 3.)
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NEW EXEMPTIONSÐContinued
Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof
12541±N ...... RSPA±00±7888 ..... Rotonics Manufac- 49 CFR 172.101 Col 8b and To authorize the manufacture, marking, sale turing, Inc., Gardena, 8c, 173.197. and use of a 200 gallon, high density poly- CA. ethylene, rotationally molded roll on/roll off container as an outer packaging for use in transporting regulated medical waste, Divi- sion 6.2. (Mode 1.) 12542±N ...... RSPA±00±7889 ..... United States Enrich- 49 CFR 173.420(a)(2)(i) ...... To authorize the transportation in commerce of ment Corporation one model 48X cylinder, which deviated from (USEC), Bethesda, the ANSI 14.1 standards, containing uranium MD. hexafloride, Class 7. (Modes 1, 2.)
[FR Doc. 00–24183 Filed 9–19–00; 8:45 am] demonstration projects that will assist eligible consortia to share in the costs, BILLING CODE 4910±60±M in the improvement of mass risks and rewards of deploying new rail transportation service. FTA’s National grade crossing and safety technologies. Planning and Research budget for fiscal Table of Contents DEPARTMENT OF TRANSPORTATION year 2000 includes $400,000 for the deployment of rail grade crossing and I. Background Federal Transit Administration II. Program Vision, Goals and Objectives safety technology. Note: FTA anticipates III. Joint Partnership Guidelines Joint Partnership Rail Grade Crossing that additional funding will be made IV. Technology Considerations Safety Project available in FY 2001 and 2002 to V. Submission of Candidate Proposals continue the support of projects in this VI. Evaluations and Selection AGENCY: Federal Transit Administration area. Therefore, it is anticipated that this I. Background (FTA), DOT. solicitation could support a multi-year ACTION: Notice and solicitation of project. Since 1994, DOT has initiated a number of cross-modal efforts to proposals. There are significant safety challenges improve grade crossing safety, including facing a growing number of rail transit SUMMARY: This Notice announces the the development of ITS technologies at providers, in particular, rail transit solicitation of proposals for the highway-rail intersections, and the providers that operate or anticipate deployment of innovative rail transit demonstration of new signs, signals, and grade crossing and safety technology operating services in shared rail train control systems. In addition, FTA through the Federal Transit corridors with railroads, or in mixed has also implemented grade crossing Administration’s (FTA) Joint vehicular and pedestrian traffic. safety activities that support the goals Partnership Program (JPP). As the Advancements in grade crossing and and objectives identified in the FTA interest in and demand for efficient rail safety technology are an important part Research & Technology 5-Year Plan transit operating in a shared corridor of addressing safety concerns that arise (October 1999). For further information environment increases, the challenge to when mixed modes of transportation are on the Plan, see section II (b) below or provide safe, and cost-effective service operating in the same environment. www.fta.dot.gov/research. For will continue to grow. FTA seeks to There are over 190 projects authorized additional information on FTA grade evaluate and deploy innovative for Section 5309 New Starts funding in crossing projects, see Transit technologies that will enhance the safe TEA–21 that are undertaking the FTA Cooperative Research Report no.17, operation of rail transit in mixed traffic New Starts planning and project Integration of Light Rail Transit into situations. This deployment will development process. Many of the City Streets, 1996, and the National contribute towards the widespread project sponsors have identified safety Cooperative Highway Research introduction and adoption of innovation concerns in locations where there is a Programs Synthesis 271, Traffic Signal to solve grade crossing and other critical proposed rail grade crossing, a shared Operations Near Highway-Rail Grade safety challenges affecting rail transit corridor grade crossing, mixed traffic Crossings, 1999 available from operations. rail operations, and pedestrian Transportation Research Board’s web crossings. Project sponsors, together site www.national-academies.org/trb/ DATES: Proposals (6 copies) must be with suppliers of technology, are received by November 6, 2000. bookstore. encouraged to participate in this Operating light rail and commuter rail ADDRESSES: Proposals shall be solicitation to assess potential transit presents unique safety challenges submitted to Elaine Dezenski, Office of technological solutions to safety at highway and pedestrian intersections. Research, Demonstration and concerns early in the project One of the major challenges facing rail Innovation, Federal Transit development process. Under the JPP, transit operators is to effectively address Administration, 400 Seventh Street, SW, authorized pursuant to 49, U.S.C., the problem of operating trains at grade, Room 9401, Washington, DC 20590 and 5312(d), the Secretary may enter into across intersections, where they may shall reference Joint Partnership Rail grants, contracts, cooperative conflict with motor vehicles and Grade Crossing Safety Project. agreements and ‘‘other agreements’’ pedestrians. Rail transit systems across FOR FURTHER INFORMATION CONTACT: with competitively selected consortia to the United States have experienced Elaine Dezenski, Joint Partnership promote early deployment of innovation grade crossing accidents. While there is Program Manager at (202) 493–2633. in mass transportation services, no universal solution to the problem, SUPPLEMENTARY INFORMATION: Section management, operational practices, or transit operators across the nation are 5314(a) of Title 49, U.S.C., provides technology. Accordingly, FTA’s JPP is either conducting or evaluating various resources for research, development, or seeking innovative partnerships with means to effectively provide additional
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For example, Environment—Protect and enhance instances where one of the more safety concerns arise when rail transit communities and the natural traditional instruments is determined, operates in a shared corridor with environment affected by transit. in consultation with the potential freight, or commuter service, or if the (b) Related FTA Research & partners, to be inappropriate for one or alignment includes parallel streets along Technology 5-Year Plan Program Areas: more reasons. the right-of-way from which right and (1) Safety & Security 3. Definition of Consortium left turns can be made across the tracks. Limited information as well as lack of Railroad Grade Crossing Safety An eligible consortium: Information Security real-time information on the operational (a) Means 1 or more public or private status of grade crossing equipment is (2) Equipment & Infrastructure organizations located in the United also an area of concern. Dispatch centers Rail Equipment and Systems States that provide mass transportation often lack real-time information on Communication-Based Train Control service to the public, and 1 or more whether grade crossing equipment is Systems businesses, including small- and functioning properly. Improved control medium-sized businesses, incorporated center diagnostics, Intelligent (3) Fleet Operations in a State, offering goods or services, or Transportation Systems (ITS) and other Transit Capacity and Quality of Service willing to offer goods and services, to applications that contribute to more Transit Intelligent Transportation mass transportation operators; and viable command and control operations Systems (b) May include, as additional may be considered. The demonstration Mixed Rail Corridor Operations members, public or private research of new and innovative technology to III. Joint Partnership Guidelines organizations located in the United alleviate such safety hazards is critical States or State or local governmental to ensuring safe, reliable, shared 1. General Authority authorities. corridor operations. Section 5312(d) of Title 49, U.S.C., 4. Financing II. Program Vision, Goals and authorizes the Secretary, under terms Objectives and conditions he prescribes, to enter (a) Cost Sharing. Section 5312(d)(3) into grants, contracts, cooperative provides that a consortium assisted The Joint Partnership Rail Grade agreements, and other agreements with under the JPP contribute not less than Crossing Safety Project will support the consortia, to promote the early 50 percent of the costs of any joint goals and objectives of the One DOT deployment of innovation in mass partnership project. FTA participation is Highway Rail Grade Crossing Team transportation services, management, limited to $400,000 for this solicitation. (Team). The Team promotes cross- operational practices, or technology that However, as stated above, FTA modal strategies and research activities has broad applicability. This program is anticipates receiving additional funding to improve grade crossing safety along intended to be carried out in to support related programs in FY 2001 the nation’s surface transportation consultation with the transit industry by and 2002. Applicants may propose infrastructure. Further, the project will merit-based, competitively selected multi-year tasks, if applicable to their support the U.S. Department of consortia that will share in the costs, proposal. Any business, organization, Transportation’s number one strategic risks, and rewards of early deployment person, or governmental body may goal—to promote the public health and of innovation. contribute funds to a JPP. FTA will safety by working toward the apply the same non-Federal share rules elimination of transportation related 2. Joint Partnership Agreements to the JPP applications as apply to other deaths, injuries, property damage, and Historically, FTA has supported FTA assistance programs. Cash or in- the improvement of personal security research, development, demonstration, kind contributions applicable to grants and property protection. The project and deployment of innovation through and cooperative agreements with state will also support FTA’s Strategic Goals the use of grants and cooperative and local governments, non-profit and the FTA Research & Technology 5- agreements. Since 1994, FTA has acted organizations or educational Year Plan Program areas, as described in as agent for the Defense Advanced institutions, are acceptable. See 49 CFR paragraphs (a) and (b) below. Research Projects Agency (DARPA), Parts 18 and 19. (a) Related FTA Strategic Goals: which pioneered use of ‘‘other IV. Technology Considerations (1) Safety and Security—Promote the agreements’’ as an alternative to grants public health and safety by working and cooperative agreements. These FTA has evaluated a number of grade toward the elimination of transit-related ‘‘other agreements’’ have proven crossing safety applications for light rail deaths, injuries, property damage, and successful in situations where the other and commuter rail transit operations. the improvement of personal security funding instruments did not provide The listing below gives a few examples and property protection. sufficient flexibility to induce non- of the types of projects that have been (2) Mobility and Accessibility—Shape government, particularly commercial, funded in the last five years. Applicants America’s future by ensuring a entities to participate in partnership may expand on lessons learned from transportation system that is accessible, with the Government. FTA sought and these efforts or evaluate and deploy new integrated, efficient, and offers a received ‘‘other agreement’’ authority in grade crossing safety innovations based flexibility of choice. TEA–21. In selecting from among grants, on state-of-the-art technologies.
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Project No./Title Abstract Cost Grantee and/or Consultants
MA±26±7057, Advanced Signal Evaluate engineering improvements at commuter rail grade $380,000 Massachusetts Bay Area & Gate Technologies for crossing with severe traffic problems and safety concerns. Transportation Authority. MBTA Grade Crossings. MA±03±7001, Four Quadrant Evaluate design and operational standards/safety enhance- 300,000 Massachusetts Bay Area Gated Grade Crossing. ments for commuter rail grade crossings. Demonstrate use of Transportation Authority. four quadrant gates with vehicle detection system at com- muter rail grade crossing. MD±26±7024, Second Train Develop & evaluate use of active 2nd train warning sign for 200,000 Mass Transportation Adminis- Coming Warning Sign. motorists at light rail grade crossings. The warning sign will tration Baltimore, MD. alert motorists who are stopped at the crossing that a second high-speed train is coming from the opposite direction. CA±26±7017, Second Train Develop & evaluate use of graphic 2nd train sign for pedes- 200,000 Los Angeles County Metropoli- Coming Warning Sign. trians at rail grade crossings. This project is in conjunction tan Transportation Authority. with MD±26±7024, and will include field study of an active second train warning sign. CA±26±7010, Assessment of Field test and technical studies to investigate left turn railroad 200,000 Los Angeles County Metropoli- Left Turn Crossing Gates for crossing gated for light rail transit (LRT) grade crossings. tan Transportation Authority. LRT. Field test to include evaluation of track area vehicle detection systems.
V. Submission of Candidate Proposals (6) Realistic probability of wide application have been shown in earlier FTA is soliciting proposals for Joint spread application of technology; and Federal Register publications, they are (7) Relative technical and financial Partnership Rail Grade Crossing Projects not repeated here. Requests for risk. from eligible consortia. The proposal modifications of exemptions (e.g. to As previously mentioned, proposals should outline the following in provide for additional hazardous (6 copies) must be received by 45 days abbreviated form: materials, packaging design changes, from the date of this notice. Proposals (1) Overview of the proposed effort, or additional mode of transportation, etc.) should be sent to the name and address proposed concept; are described in footnotes to the in the ‘‘Addresses’’ section of this (2) List of partners, including one or application number. Application Notice. more developers of technology and one numbers with the suffix ‘‘M’’ denote a or more transit operators; Issued on: September 14, 2000. modification request. These (3) State of the technology; Michael Winter, applications have been separated from (4) Work to be performed, Associate Administrator for Budget and the new applications for exemptions to (5) Physical and/or operating Policy facilitate processing. characteristics of the innovation; [FR Doc. 00–24174 Filed 9–19–00; 8:45 am] DATES: Comments must be received on (6) Development of prototype BILLING CODE 4910±57±P or before October 5, 2000. equipment/process or pilot program; ADDRESS COMMENTS TO: Record Center, (7) Schedule; Research and Special Programs (8) Total project cost, including DEPARTMENT OF TRANSPORTATION Administration, U.S. Department of source of matching funds (private, non- Transportation, Washington, DC 20590. profit, commercial, Title 49, U.S.C., Research and Special Programs Administration Comments should refer to the discretionary or formula, Congestion application number and be submitted in Management Air Quality (CMAQ) Office of Hazardous Materials Safety; triplicate. If confirmation of receipt of Intelligent Transportation Systems Notice of Applications for Modification comments is desired, include a self- (ITS), etc.); of Exemption addressed stamped postcard showing (9) Assessment plan; and the exemption number. (10) Relationship to FTA Research & AGENCY: Research and Special Programs FOR FURTHER INFORMATION CONTACT: Technology Five-Year Plan Program Administration, DOT. Copies of the applications are available areas listed in paragraph II (b) of this ACTION: List of applications for for inspection in the Records Center, Notice. modification of exemptions. Nassif Building, 400 7th Street SW, VI. Evaluation and Selection SUMMARY: In accordance with the Washington, DC or at http:// In evaluating the proposals received, procedures governing the application dms.dot.gov. FTA will consider the following factors: for, and the processing of, exemptions This notice of receipt of applications (1) State of technology and from the Department of Transportation’s for modification of exemptions is applicability to solving mixed-use Hazardous Materials Regulations (49 published in accordance with Part 107 operational challenges; CFR Part 107, Subpart B), notice is of the Federal hazardous materials (2) Management capability and hereby given that the Office of transportation law (49 U.S.C. 5117(b); technical expertise of consortium; Hazardous Materials Safety has received 49 CFR 1.53(b)). (3) Proposed cost share; the applications described herein. This Issued in Washington, DC, on September (4) Cost and benefits (payback) of notice is abbreviated to expedite 14, 2000. proposed work; docketing and public notice. Because J. Suzanne Hedgepeth, (5) Time to complete test and the sections affected, modes of Director, Office of Hazardous Materials evaluation of the concept or technology; transportation, and the nature of Exemptions and Approvals.
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Application Modification of No. Docket No. Applicant exemption
8013±M ...... Praxair, Inc., Danbury, CT 1 ...... 8013 10501±M ...... Semi-Bulk Systems, Inc., Fenton, MO 2 ...... 10501 10985±M ...... Georgia-Pacific Corporation, Atlanta, GA 3 ...... 10985 11749±M ...... Union Tank Car Company, E. Chicago, IN 4 ...... 11749 12499±M .. RSPA±2000±7650 M & M Service Company, Carlinville, IL 5 ...... 12499 12504±M .. RSPA±2000±7652 Radian International, Research Triangle Park, NC 6 ...... 12504 1 To modify the exemption to allow for the use of DOT 4E240 specification cylinders having a capacity up to 2,642 cubic inches to be used ex- clusively for sampling purposes. 2 To modify the exemption to update reference language concerning Flexible Intermediate Bulk Container reuse provisions and repair proce- dures. 3 To modify the exemption to authorize the transportation of Class 8 materials in tank cars which remain standing with unloading connections attached when no product is being transferred. 4 To modify the exemption to change the availability/retention requirements of data documents used for alternative testing methods of DOT specification tank cars. 5 To reissue the exemption originally issued on an emergency basis for the transportation of liquefied petroleum gas in a non-DOT specification cargo tank. 6 To reissue the exemption originally issued on an emergency basis authorizing the use of temperature controlled equipment for the transpor- tation of Class 3 and Division 2.1 materials.
[FR Doc. 00–24182 Filed 9–19–00; 8:45 am] Mendocino Coast Ry., Inc.—Lease and company,1 has agreed to grant non- BILLING CODE 4910±60±M Operate, 360 I.C.C. 653 (1980). exclusive overhead trackage rights to This notice is filed under 49 CFR Norfolk Southern Railway Company 1180.2(d)(7). If it contains false or (NS) over approximately 1.9 miles of DEPARTMENT OF TRANSPORTATION misleading information, the exemption rail line known as the Panhandle Line,2 is void ab initio. Petitions to revoke the which WCLL currently leases from Surface Transportation Board exemption under 49 U.S.C. 10502(d) Pennsylvania Lines LLC (PRR), between [STB Finance Docket No. 33861] may be filed at any time. The filing of approximately PCC&StL milepost 309.8 a petition to revoke will not at Odgen Junction near Rockwell Street Norfolk Southern Railway CompanyÐ automatically stay the transaction. and approximately PCC&StL milepost Trackage Rights ExemptionÐ 307.9 near the Ash Street Interlocking in An original and 10 copies of all Bessemer and Lake Erie Railroad Chicago, Cook County, IL.3 pleadings, referring to STB Finance Company NS reported that it intends to Docket No. 33861, must be filed with consummate the transaction on Bessemer and Lake Erie Railroad the Surface Transportation Board, Office September 15, 2000, or as soon Company (B&LE), a Class II rail common of the Secretary, Case Control Unit, 1925 thereafter as the parties may agree and/ carrier, has agreed to grant overhead K Street, N.W., Washington, DC 20423– or the time required for any necessary trackage rights to Norfolk Southern 0001. In addition, one copy of each labor notice is given. Railway Company (NS) over pleading must be served on John V. The purpose of this trackage rights is approximately 50.38 miles of B&LE’s Edwards, Norfolk Southern Railway to permit NS to move overhead traffic mainline of railroad between NS’ Company, Three Commercial Place, more safely, efficiently, and quickly, as connection at Shenango, PA (at Norfolk, VA 23510–2191. well as reduce congestion and help approximately milepost G4.27 in Mercer Board decisions and notices are avoid delays of NS’s traffic in the County), and NS’ connection at Wallace available on our website at Chicago area. Junction, PA (at approximately milepost ‘‘WWW.STB.DOT.GOV.’’ As a condition to this exemption, any E8.90 in Erie County).1 Decided: September 13, 2000. employees affected by the trackage NS reported that it intends to rights will be protected by the consummate the transaction on By the Board, David M. Konschnik, Director, Office of Proceedings. September 20, 2000, or as soon 1 See Wisconsin Central Transportation thereafter as the parties may agree and/ Vernon A. Williams, Corporation—Continuance in Control Exemption— or the time required for any necessary Secretary. Wisconsin Chicago Link Ltd., STB Finance Docket [FR Doc. 00–24026 Filed 9–19–00; 8:45 am] No. 33811 (STB served Mar. 8, 2000). labor notice is given. 2 The Panhandle Line was formerly owned by The purpose of the trackage rights is BILLING CODE 4915±00±P Consolidated Rail Corporation. Pursuant to a to permit NS to move traffic more safely, transaction approved by the Board, and efficiently and expeditiously in the consummated by the parties on June 1, 1999, PRR western Pennsylvania region. DEPARTMENT OF TRANSPORTATION was assigned assets designated to be operated as As a condition to this exemption, any part of the NS rail system (the PRR-Allocated Surface Transportation Board Assets). See CSX Corporation and CSX employees affected by the trackage Transportation, Inc., Norfolk Southern Corporation rights will be protected by the and Norfolk Southern Railway Company—Control conditions imposed in Norfolk and [STB Finance Docket No. 33921] and Operating Leases/Agreements—Conrail Inc. Western Ry. Co.—Trackage Rights—BN, and Consolidated Rail Corporation, STB Finance Norfolk Southern Railway CompanyÐ Docket No. 33388, Decision No. 89 (STB served July 354 I.C.C. 605 (1978), as modified in 23, 1998). Trackage Rights ExemptionÐ 3 See Wisconsin Chicago Link Ltd.—Lease 1 A redacted version of the trackage rights Wisconsin Chicago Link, Ltd. Exemption—Pennsylvania Lines LLC, STB Finance agreement between B&LE and NS was filed with the Docket No. 33831 (STB served Feb. 10, 2000). notice of exemption. The full version of the Wisconsin Chicago Link, Ltd. (WCLL), NS states that although the lease is yet to be agreement, as required by 49 CFR 1180.6(a)(7)(ii), a Class III rail carrier and a subsidiary executed and put into effect, the parties expect it was concurrently filed under seal along with a to become effective in the near future and wish to motion for a protective order. A protective order of Wisconsin Central Transportation be able to put the grant of trackage rights back to was served on September 12, 2000. Company, a noncarrier holding NS into effect on or near the same date.
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Part II
Department of Transportation Federal Aviation Administration
14 CFR Part 25, et al. Improved Flammability Standards for Thermal/Acoustic Insulation Materials Used in Transport Category Airplanes; Proposed Rule
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DEPARTMENT OF TRANSPORTATION between 10 a.m. and 5 p.m. weekdays, suitable communications software from except Federal holidays, In addition, the the FAA regulations section of the Federal Aviation Administration FAA is maintaining an information Fedworld electronic bulletin board docket of comments in the Transport service (telephone: 703–321–3339), or 14 CFR Parts 25, 91, 121, 125, and 135 Airplane Directorate (ANM–100), the Government Printing Office’s (GPO) [Docket No. FAA±2000±7909; Notice No. 00± Federal Aviation Administration, electronic bulletin board service 09] Northwest Mountain Region, 1601 Lind (telephone: 202–512–1661). Avenue SW., Renton, WA 98055–4056. Internet users may reach the FAA’s RIN 2120±AG91 Comments in the information docket web page at http://www.faa.gov/avr/ may be examined between 7:30 a.m. and arm/nprm/nprm.htm or the GPO’s web Improved Flammability Standards for page at http://www.access.gpo.gov/nara Thermal/Acoustic Insulation Materials 4 p.m. weekdays, except Federal holidays. for access to recently published Used in Transport Category Airplanes rulemaking documents. FOR FURTHER INFORMATION CONTACT: Jeff Any person may obtain a copy of this AGENCY: Federal Aviation Gardlin, FAA Airframe and Cabin Safety Administration (FAA), DOT. document by submitting a request to the Branch, ANM–115, Transport Airplane Federal Aviation Administration, Office ACTION: Notice of proposed rulemaking Directorate, Aircraft Certification of Rulemaking, ARM–1, 800 (NPRM). Service, 1601 Lind Avenue SW., Independence Avenue, SW., Renton, Washington 98055–4056; SUMMARY: This document proposes Washington, DC 20591, or by calling telephone (425) 227–2136, facsimile upgraded flammability standards for (202) 267–9680. Communications must (425) 227–1149, e-mail: thermal/acoustic insulation materials identify the notice number or docket [email protected]. typically installed behind interior number of this NPRM. panels in transport category airplanes, SUPPLEMENTARY INFORMATION: Persons interested in being placed on the mailing list for future rulemaking by adopting new flammability test Comments Invited methods and criteria that specifically documents should request from the address flame propagation and entry of Interested persons are invited to above office a copy of Advisory Circular an external fire into the airplane participate in the making of the No. 11–2A, Notice of Proposed (burnthrough) under realistic fire proposed action by submitting such Rulemaking Distribution System, which scenarios. This proposed rule change is written data, views, or arguments as describes the application procedure. they may desire. Comments relating to considered necessary because the Background current standards do not realistically the environmental, energy, federalism, or economic impact that might result Insulation is installed, typically address situations in which thermal/ behind airplane interior panels, in order acoustic insulation materials may from adopting the proposals in this document are also invited. Substantive to protect the occupants, cargo, and contribute to the propagation of a fire. equipment of an airplane from thermal The proposed standards are intended to comments should be accompanied by cost estimates. Comments must identify and acoustic extremes associated with reduce the incidence and severity of environmental conditions and engine cabin fires, particularly those ignited in the regulatory docket or notice number and be submitted in duplicate to the noise sources. This insulation is inaccessible areas where thermal/ typically located in the passenger or acoustic insulation materials are DOT Rules Docket address specified above. cargo compartments of an airplane, typically installed. In addition, these although it may be located in any other proposed standards are also intended to All comments received, as well as a report summarizing each substantive compartment where insulation may be provide an increased level of safety with desired. respect to post-crash fires by delaying public contact with FAA personnel concerning this proposed rulemaking, Insulation is usually constructed in the entry of such a fire into the cabin, the form of what is commonly referred thereby providing additional time for will be filed in the docket. The docket is available for public inspection before to as a ‘‘blanket.’’ These insulation evacuation and enhancing survivability. blankets are typically composed of: (1) These new standards, in addition to and after the comment closing date. All comments received on or before A batting, of a material generically being proposed for new type designs, the closing date will be considered by referred to as fiberglass (or glass fiber, or are also proposed for newly the Administrator before taking action glass wool, with Owens Corning’s manufactured airplanes entering part on this proposed rulemaking. Comments Fiberglas being one example); and (2) 121 service. Additionally, the proposed filed late will be considered as far as a film covering to contain the batting flame propagation standards are also possible without incurring expense or and to resist moisture penetration, proposed for newly manufactured delay. The proposals in this document usually metalized or non-metalized airplanes entering parts 91, 125, and 135 may be changed in light of the polyethylene terephthalate (PET), with service. comments received. DuPont’s Mylar being one example, or DATES: Comments must be received on Commenters wishing the FAA to metalized polyvinyl fluoride (PVF), or before January 18, 2001. acknowledge receipt of their comments with DuPont’s Tedlar being one ADDRESSES: Comments on this submitted in response to this document example. Another type of film, used on document should be mailed or must include a pre-addressed, stamped certain specific airplanes, is polyimide. delivered, in duplicate, to: U.S. postcard with those comments on which It should be noted that, irrespective of Department of Transportation Dockets, the following statement is made: the type of film, there are variations Docket No. FAA–2000–7909, 400 ‘‘Comments to Docket No. FAA–2000– associated with its assembly for Seventh Street SW., Room Plaza 401, 7909.’’ The postcard will be date manufacture that result in differences in Washington, DC 20590. Comments also stamped and mailed to the commenter. performance from a fire safety may be sent electronically to the standpoint. These variations include the following Internet address: 9-NPRM- Availability of NPRMs density of the film, the type and [email protected]. Comments may be filed An electronic copy of this document fineness of the scrim bonded to the film, and examined in Room Plaza 401 may be downloaded using a modem and and the adhesive used to bond the scrim
VerDate 112000 17:28 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\20SEP2.SGM pfrm03 PsN: 20SEP2 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56993 to the film. The scrim is usually extinguishing after having been pounds. Paragraph (a) of this section constructed of either nylon or polyester subjected to the flame of a Bunsen requires that, one year after issuance of and is bonded to the backside of the burner for 12 seconds, in accordance the initial airworthiness certificate film to add shape and strength to the with the procedures defined in issued in accordance with SFAR No. 41, surface area. The scrim resembles a paragraph (b)(4) of part I of appendix F. the airplane must meet the compartment screen, and the mesh can vary in The average burn length may not exceed interior requirements set forth in fineness. The type of adhesive used to 8 inches, and the average flame time § 25.853(a) in effect on March 6, 1995 bond the scrim to the film also varies. after removal of the flame source may [formerly § 25.853(a), (b), (b–1), (b–2), Adhesive is frequently the repository of not exceed 15 seconds. Drippings from and (b–3) in effect on September 26, any fire retardant in the assembled the test specimen may not continue to 1978]. This section also requires certain sheet. flame for more than an average of 5 additional airworthiness requirements seconds after falling. These criteria were Current Regulations Pertinent to concerning the use of particular adopted in 1972 and are those in use Thermal/Acoustic Insulation Materials materials for various cabin interior today. The purpose of these test criteria components on airplanes other than The current regulations pertaining to is to ensure that materials be self- commuter category airplanes and thermal/acoustic insulation address extinguishing when exposed to likely airplanes certificated under SFAR No. neither the thermal nor acoustic ignition sources under actual 41. performance aspects, but rather the conditions. Based on the service record materials’ tendency to propagate flame. at the time these criteria were adopted, Incidents Involving Insulation The intent of the requirement is to these criteria appeared to provide the Materials ensure that insulation materials do not level of protection intended. The FAA is aware of at least six represent a significant fuel source in the Section 91.613, ‘‘Materials for events in which the flammability event of a fire, or provide a medium for compartment interiors,’’ requires that characteristics of thermal/acoustic a fire to spread inside the airplane. The airplanes certificated in accordance insulation material may have been a existing FAA regulations have focused with SFAR No. 41, with a maximum contributing factor. In November of on ensuring that insulation blankets certificated takeoff weight in excess of 1993, a fire occurred in a McDonnell comply with the basic ‘‘Bunsen burner’’ 12,500 pounds, comply within 1 year of Douglas MD–87 airplane while it was flammability requirements described issuance of the airworthiness certificate taxiing in from a landing at below. with the requirements of §§ 25.853(a), Copenhagen, Denmark. The fire was In addition to performing their (b), (b–1), (b–2), and (b–3), in effect on found to have been initiated by an originally intended functions, thermal/ September 26, 1978. electrical fault behind a sidewall, but acoustic blankets have also been shown Section 121.312(c), ‘‘All interior investigators later determined that the to delay what is termed fuselage materials, airplanes type certificated in insulation materials contributed to the burnthrough. (Fuselage burnthrough accordance with SFAR No. 41 of 14 CFR propagation of the fire. In November of refers to the penetration of a post-crash part 21,’’ requires that affected airplanes 1995, a cabin fire occurred in a external fire through the fuselage skin with a maximum certificated takeoff McDonnell Douglas MD–82 airplane and insulation into an interior weight in excess of 12,500 pounds must prior to takeoff at Turin, Italy. The cause compartment.) This delay of have interior materials that comply with of the fire was attributed to a ruptured burnthrough serves to increase the time § 25.853(a), in effect on March 6, 1995 lighting ballast. In that case, other available for occupants to evacuate an (formerly § 25.853(a), (b), (b–1), (b–2), interior materials played a more airplane. However, this valuable and (b–3) in effect on September 26, significant role in propagating the fire, attribute, which is believed to be a 1978). Section 121.312(d), ‘‘All interior but there was evidence that the fire also characteristic inherent to some degree in materials; other airplanes,’’ requires that propagated on the film of the insulation. all existing insulation blankets, has not materials must comply with the been addressed or required in the applicable requirements under which In June of 1996, the FAA received a regulations. the airplane was type certificated. letter from the Civil Aviation Authority The FAA has adopted a number of Section 125.113(a)(1) & (2), ‘‘Cabin of China (CAAC), which described three regulations that address flammability interiors,’’ requires that upon the first incidents of interior fires that occurred concerns on airplanes. The current major overhaul of an airplane cabin or in China in 1994 and 1995. Those flammability requirements pertinent to refurbishing of the cabin interior, all incidents involved McDonnell Douglas discussions in this notice are as follows: materials in each compartment used by and Boeing airplanes and were caused Section 25.853(a), ‘‘Compartment the crew or passengers that do not meet by electrical problems or inappropriate interiors,’’ requires that materials in the following requirements must be maintenance actions. In each of those compartments occupied by crew or replaced with materials that meet these cases, physical damage to the airplane passengers must meet the applicable test requirements: § 25.853 in effect on April was minimal, but there was clear criteria of part I of appendix F to 14 CFR 30, 1972, for airplanes for which the evidence that the fires had propagated part 25. type certificate application was filed on the insulation. Section 25.855(d), ‘‘Cargo or baggage prior to May 1, 1972; and the materials The FAA had been doing research to compartments,’’ requires that for cargo requirement under which the airplane develop a new standard and had issued and baggage compartments not occupied was type certificated for airplanes for several reports on evaluations of test by crew or passengers, materials used in which the type certificate application methods. The FAA initiated the construction of said compartments was filed on or after May 1, 1972. investigations and research, described must meet the applicable test criteria of Section 135.170, ‘‘Materials for later in this notice, to determine the part I of appendix F to part 25. compartment interiors,’’ specifically appropriateness of applying existing The applicable test criteria referenced applies to airplanes that conform to an Bunsen burner flammability criteria to in the requirements listed above are amended or supplemental type thermal/acoustic insulation, as typically defined in paragraph (a)(1)(ii) of part I certificate issued in accordance with installed in concealed and inaccessible of appendix F to part 25, and prescribe SFAR No. 41 for a maximum certificated areas, and to develop more suitable that insulation materials must be self- takeoff weight in excess of 12,500 criteria if considered necessary.
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On September 2, 1998, an MD–11 test did provide better discrimination that research indicate that without airplane experienced a catastrophic among materials than did the existing making any other change to the accident as the result of an inflight fire. Bunsen burner certification test method. airplane, improved thermal/acoustic Although the cause of the accident has During 1997 and 1998, the Aerospace insulation can delay the entry of a post- not been determined, the FAA considers Industries Association (AIA) conducted crash fuel fire by several minutes, thus that it is likely that the fire spread on additional testing at the FAA Technical prolonging the time available for escape. the thermal/acoustic insulation, and has Center, using a full-scale fuselage frame Conversely, the absence of thermal/ published proposed airworthiness section. The purpose of these tests was acoustic insulation can allow earlier directives to address the affected to determine whether the cotton-swab entry of a fire into the airplane. material (64 FR 43966, August 12, test method was an adequate Although there are other factors that 1999). Those airworthiness directives certification test method. The results of affect fuselage burnthrough (e.g., are applicable to certain model DC–9–80 these tests showed that there were fuselage skin and floor panel (MD–80), MD–90, DC–10–30/30F, and materials that could pass the cotton- characteristics, ventilation systems, MD–11/11F airplanes and require swab test but would still propagate a etc.), research demonstrated that the removal of the worst performing flame in a large-scale environment. In simplest and most effective approach to material (metalized Mylar). addition, because the ignition source improving burnthrough resistance was used was limited to a large cotton swab, to improve the fire resistance of the Fire Safety Research—General the test did not simulate other sources insulation. The FAA has adopted an aggressive of ignition, specifically any other In the course of carrying out this program to improve airplane fire safety. burning material or electrical arcing. research, a medium-scale test method As a result, stringent new test methods Based on these results, the FAA that could be correlated with full-scale were adopted that significantly concluded that there was no effective testing was developed in the UK. This upgraded the flammability standards for test method that represented material test method was valuable in reducing airplane materials associated with seat behavior under full-scale test the number of full-scale tests required to cushions, large interior panels, cargo conditions. It was determined that a establish baseline data, but the size and compartment liners, and fire detection new test method was required. complexity of the apparatus made it and suppression equipment for the Thermal/acoustic insulation impacts impractical for regulatory purposes. majority of cargo compartments in the fire safety in two ways. First, due to its Consequently, smaller-scale testing, fleet. In order to maximize the safety concealed location behind interior using a modified apparatus of the type benefit, the most significant areas were panels, if not sufficiently fire resistant it currently used for certification testing of addressed first, with subsequent can provide a path for undetected fire seat cushions and cargo compartment rulemaking addressing additional areas propagation. As noted earlier, the liners, was developed in France. This according to their relative priority in fire current certification test requires that work was coordinated with the safety. these materials be self-extinguishing International Aircraft Materials Fire Test Those improvements addressed what after exposure to a Bunsen burner flame. Working Group (IAMFTWG). The the FAA considered to be the most Second, the insulation blankets can IAMFTWG consists of experts in the significant areas of airplane interiors, provide protection against fuselage materials and fire testing specialties from a flammability standpoint, and burnthrough. who help refine and support the provided improved design requirements The FAA has been studying fuselage development of test methods used in for new airplanes, as well as upgraded burnthrough since the late 1980’s and aviation, and includes representatives requirements for the existing fleet. All of has determined that by improving from the airlines, airframe these improvements were supported by thermal/acoustic insulation, the time manufacturers, material suppliers, and research conducted, for the most part, at before an external fire penetrates the regulatory authorities, among others. A the FAA William J. Hughes Technical fuselage can be extended. In representative from the FAA Technical Center. conjunction with the Civil Aviation Center chairs this group. The IAMFTWG Authority (CAA) of the United Kingdom is a participative technical peer group Fire Safety Research—Thermal/ (UK), and the Direction Generale de Acoustic Insulation Materials that contributes to FAA research, but its l’Aviation Civile (DGAC) of France, activities are not regulatory in nature. As an initial response to the incidents research was undertaken to assess the In July of 1997, the FAA determined described above, the FAA conducted a current capability of airplane fuselages that the separate investigative work on review of both the part 25, appendix F, to resist burnthrough from an external burnthrough and on flame propagation required test method, and a test method fuel fire. That research demonstrated the should be combined, with the aim of used by certain segments of the industry importance of thermal/acoustic producing a single test method. The to assess the flammability of thermal/ insulation in the burnthrough process reason for this decision was to acoustic insulation. That test method and is documented in the following maximize the benefit from any involves the use of alcohol-soaked reports: ‘‘Fuselage Burnthrough from requirements that resulted from the test cotton swabs that are ignited and then Large Exterior Fuel Fires,’’ Federal method. However, during the test placed on a 16- × 24-inch sample of Aviation Administration final report development period, it became clear insulation material. Tests utilizing this DOT/FAA/CT–90/10, July 1994; ‘‘Full- that a single test was not practical. This method were conducted at the FAA Scale Test Evaluation of Aircraft Fuel is because the two phenomena are Technical Center in 1997, and at other Fire Burnthrough Resistance distinctly different, and performance in test facilities around the world. (Ref. Improvements,’’ Federal Aviation one area does not predict performance FAA Report DOT/FAA/AR–97/58, Administration report DOT/FAA/AR– in the other. Therefore, the FAA has ‘‘Evaluation of Fire Test Methods for 98/52, January 1999; and ‘‘Burnthrough developed two tests, which are Aircraft Thermal Acoustical Insulation,’’ Resistance of Fuselages: Further discussed below. (These tests are dated September 1997, a copy of which Investigation,’’ CAA Paper 95003, Civil documented in draft FAA Report DOT/ is available in the docket for this Aviation Authority, London 1995. (A FAA/AR–99/44, ‘‘Development of rulemaking.) This multi-facility test copy of each report is in the docket for Improved Flammability Criteria for program showed that the ‘‘cotton-swab’’ this rulemaking.) Findings as a result of Aircraft Thermal/Acoustic Insulation,’’
VerDate 112000 17:28 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\20SEP2.SGM pfrm03 PsN: 20SEP2 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56995 a copy of which will be placed in the the same time imposes reasonable would be applied to thermal/acoustic docket when finalized. Additionally, success criteria, considering the state-of- insulation in lieu of the current Internet users may access the FAA the-art of insulation materials. The tests standard. Technical Center’s web page at http:// conducted by the FAA to qualify this In addition, in view of the fact that www.fire.tc.faa.gov for additional standard indicate that some of the current flammability requirements focus research relating to the test methods.) materials currently used will pass the almost exclusively on materials located new standard. This method is described in occupied compartments (§ 25.853) Flame Propagation in detail in proposed part VI to and cargo compartments (§ 25.855), this In order to address the issue of fire appendix F of part 25. proposal includes the adoption of a new propagation, the FAA conducted a § 25.856, which would address thermal/ series of small, medium, and full-scale Burnthrough acoustic insulation materials wherever tests with various insulation materials. This test method involves use of a installed. This aspect of the proposal These tests identified various kerosene burner apparatus, modified recognizes the role that thermal/acoustic characteristics of these materials that slightly from its configuration as used in insulation in other areas may have in were significant as to whether or not the other certification testing, that either flame propagation and/or fuselage materials would spread a fire from an realistically simulates the thermal burnthrough protection, and would otherwise small ignition source. In characteristics of a post-crash fire. The subject the thermal/acoustic materials in particular, the FAA found that a piloted test stand and specimen are configured those compartments to the proposed controlled ignition under conditions of to simulate a small section of fuselage flammability standards. radiant heat tends to predict the frames and stringers, with insulation In accordance with § 21.17, these new materials’ performance in a full-scale material mounted over them. Fuselage standards would apply to new type fire. The influence of these skin is not represented in this test, since certificates for which application is characteristics is further dependent on the delay in burnthrough afforded by made after the effective date of the final the fire threat, and much of the FAA’s the skin is not directly related to the rule. work was aimed at identifying a realistic performance of the insulation. The test Flame Propagation threat. is intended to measure the performance In conducting small-scale tests, the of the insulation itself. This test method The FAA proposes a new standard to FAA found that many of the materials is described in detail in proposed part address flame propagation of thermal/ currently used tend to shrink or, in VII to appendix F of part 25. acoustic insulation, regardless of where some cases, melt away from a flame it is installed in the airplane. The faster than the flame can propagate on Discussion of the Proposal current flammability requirements focus the material. That is, the mechanical Both service history and laboratory almost exclusively on materials located properties of the material tend to testing demonstrate that the current in occupied compartments (§ 25.853) dominate its combustion properties. flammability requirements applicable to and cargo compartments (§ 25.855). However, the FAA also found that the thermal/acoustic insulation materials However, the FAA considers that the same materials could behave differently may not be providing the intended potential for an inflight fire is not if they were pre-heated, such as might protection against the spread of fires. limited to those specific compartments. occur in a confined space. In that case, Additionally, the FAA considers that Thermal/acoustic insulation is installed some materials that self-extinguish increased protection against external throughout the airplane in other areas, when tested as a small test specimen at fire penetrating the fuselage can be such as electrical/electronic (E/E) room temperature exhibit flame provided by proper selection of the compartments or surrounding air ducts, propagation tendencies that suggest the same material. The FAA considers that where there is the potential for materials potential to grow into a large fire. The the new test methods described earlier to spread a fire as well. By applying the size of the ignition source and degree to would not only provide for increased in- standards only to certain compartments, which heat can be trapped determine flight fire safety, by reducing the the intended safety benefit would not be whether the material will exhibit this flammability of thermal/acoustic realized for materials installed in other behavior. If the ignition source is large insulation blankets, but would also areas of the airplane. The proposal enough, and the space confined, even provide increased time for evacuation would therefore account for insulation highly fire-resistant materials will during externally fed, post-crash fires by installed in areas such as equipment propagate a fire. However, confined increasing fuselage burnthrough bays and wrapped around ducts that spaces and potential ignition sources of resistance. The FAA therefore proposes might not otherwise be considered varying sizes exist throughout the to amend the current regulations as within a specific compartment. The airplane. follows: flame propagation provisions of this The FAA has adapted American proposal would apply to all transport Proposed Part 25 Requirements Society of Testing and Materials category airplanes, regardless of size or (ASTM) test method E 648, which uses The FAA proposes to adopt the new passenger capacity, since the a modest ignition source combined with test methods described earlier as new consequences of an inflight fire are not exposure to radiant heat, to determine part VI and part VII requirements to related to those factors. fire propagation performance. This test appendix F. One aspect of the proposed was developed to qualify flooring, but requirements is a test to measure the Burnthrough lends itself very effectively to insulation propensity of the insulation to spread a Lower Half: The FAA has considered materials. (A copy of the ASTM test fire. This test method is specified in whether to make the burnthrough method is in the public docket for this proposed part VI to appendix F. The requirement applicable to only certain rulemaking.) The FAA has developed a second aspect of the proposal is a test areas of the fuselage; that is, those areas calibration method that will impose to measure the fire penetration considered to be most susceptible to representative heat flux, as derived from resistance of the insulation, and is penetration by an external fire. The full-scale tests, on the insulation specified in proposed part VII to lower portion of the fuselage is the most materials. This test is considered to appendix F. The proposed requirements susceptible to burnthrough from an represent a realistic fire threat, and at are new flammability test standards that external fuel fire because flames from
VerDate 112000 17:28 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\20SEP2.SGM pfrm03 PsN: 20SEP2 56996 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules such a fire would typically impinge on have to be accounted for when safety of the airplane when insulation is the fuselage from below. Therefore, the performing tests. For consistency, the installed. Because of the need to provide lower portion would derive the most test method would impose a standard a suitable thermal and acoustical benefit from enhanced burnthrough methodology for fastening. In addition environment inside the airplane, the protection. Although the additional to this proposal, the FAA is developing FAA considers it extremely unlikely costs associated with providing this advisory material concerning the that insulation would be removed as a same protection to the remainder of the installation of insulation that would means to avoid compliance with this airplane are not great, the benefits enable the installer to avoid a specific rule. In fact, the removal of insulation would be negligible. Therefore, the test on the fasteners, etc. Although material was considered as an option to proposed requirement for burnthrough failures of fasteners or seams during this address the flame propagation issues, protection would apply only to test may not exacerbate flame but was rejected since it would insulation materials installed in the propagation characteristics, such effectively diminish the burnthrough lower half of the fuselage. It should be failures could adversely affect the capability that currently exists. Should noted that the ‘‘lower half’’ is above the burnthrough protection capability. removal of insulation become a common cabin floor for most airplanes. This Since research has shown practical practice, the FAA will revisit the need point was chosen based on full-scale fire fastening means are available for for a specific fuselage burnthrough test data, as documented in the ensuring that the insulation material standard. previously referenced reports, and the remains in place, it is proposed that Equivalency (Applies to Both potential for the airplane to be off its fastening means be considered for Burnthrough and Flame Propagation) landing gear. That is, in conditions of newly manufactured airplanes. landing gear collapse, the airplane can Fuselage Burnthrough Alternative: The proposed changes to appendix F roll significantly and the area most This proposed rule would establish a include a provision for FAA-approved susceptible to burnthrough can be standard for thermal/acoustic insulation equivalent methods. This provision, correspondingly higher on the fuselage that addresses that material’s ability to which is included in other parts of than when the airplane is on its gear. By resist penetration of an external flame, appendix F, is intended to allow for the providing burnthrough protection for rather than a rule for fuselage incorporation of improvements to the the lower half of the fuselage, this burnthrough per se. This distinction is test methods as they are identified, situation is also accounted for. important, since fuselage burnthrough is without requiring specific findings of Applicability: The FAA considers that a complex process, dependent on many equivalent level of safety under 14 CFR the requirement for burnthrough variables. For example, the ability of the 21.21. Experience has shown that such protection should be made applicable fuselage to resist penetration from an improvements frequently originate with only to airplanes with a passenger external fuel fire is directly related to the IAMFTWG and are readily adopted capacity of 20 or greater. This effectively the thickness and material of the skin. by the industry. It should be noted that excludes the smaller transport category Skin thickness varies considerably, and the proposed standards of appendix F airplanes, as well as airplanes operating essentially means that each airplane constitute the basic requirement, and in an all-cargo mode. The primary type has different burnthrough that such equivalent methods that might reason for this is that airplanes with resistance. In addition, factors internal be developed would have to be adopted small passenger capacities are not to the airplane can also affect in total. It would not be acceptable to expected to realize a significant benefit penetration of an external fire into the selectively adopt portions of a modified from enhanced burnthrough protection occupied areas. For example, test method that has been found to be owing to their very rapid evacuation differences in the air return grills can equivalent and not all of the modified capability; that is, they have a favorable influence the time required for an method. The determination of an exit-to-passenger ratio. Since it is external fire to penetrate the occupied acceptable equivalent method would be expected that enhanced burnthrough area. Therefore, establishing a minimum made by the FAA. protection will impose additional cost, standard for fuselage burnthrough Proposed Operating Requirements there must be a commensurate benefit to resistance and identifying possible justify such a proposal. The FAA does means of compliance would be a highly In addition to changing the design not consider that such benefits are complex undertaking. standards for future type certificate substantial for airplanes with low This notice proposes a simple applications, the FAA considers that the passenger capacities. The specific standard that has been shown to benefits from improved flammability discriminant of 20 passengers was increase the time it takes for a fire to standards can be realized for existing chosen to be consistent with other penetrate the airplane beyond what designs, as well. The technology exists occupant safety regulations, such as currently exists, regardless of the today so that these benefits can be those for interior materials and cabin specific capability that currently exists. obtained in a cost effective manner by aisle width. The FAA considers that the Since this increase in time can be applying the standards under some evacuation capability of airplanes with achieved by addressing thermal/ circumstances to newly manufactured 20 or more passengers, regardless of the acoustic insulation material, and since airplanes and to existing airplanes when exit arrangement, could be improved by this proposal would revise the standard insulating materials are replaced. The enhanced burnthrough protection. The for insulation to address flame FAA’s means for obtaining benefits FAA invites comments on this aspect of propagation anyway, it is in the public earlier than would be provided by the proposal. interest to incorporate criteria that changing design standards is to revise Installation Details: For new designs, enhance the overall level of safety and the operating rules. Requirements for the proposed new burnthrough test that can be achieved with reasonable newly manufactured airplanes become a method would apply to the insulation as cost. Therefore, the standards proposed basic airworthiness requirement for installed on the airplane. Thus, in this notice address two aspects of fire those airplanes and apply throughout consistent with similar flammability safety related to insulation material. their service life. Requirements testing of other installed materials, the Although this proposal does not proposed for the existing fleet relate to means intended to be used for fastening require that insulation be installed, it materials that are replaced in service. the insulation to the fuselage would would enhance the overall level of This latter aspect of the proposal would
VerDate 112000 17:28 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\20SEP2.SGM pfrm03 PsN: 20SEP2 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 56997 not affect newly manufactured apply to replacement materials for these airplanes. In light of the costs airplanes, since they would already be subsequently installed in those associated with requiring compliance required to comply by virtue of their airplanes. To avoid possible confusion, with the burnthrough standard, date of manufacture. the requirement for replacement imposing the requirement would not be materials to comply only with the flame cost effective. This conclusion is similar Flame Propagation propagation standard would apply to to the conclusion, discussed in the New Production: The FAA proposes airplanes manufactured before the context of the proposed part 25 that newly manufactured airplanes specified date. burnthrough standard, not to impose the entering the fleet in parts 91, 121, 125, Although it is difficult to quantify the new standard for airplanes with fewer and 135 service be required to comply benefits of piecemeal replacement of than 20 passengers. However, since with the new standards relative to flame materials, in this case the benefit is transport category airplanes can be propagation. Since there are materials without cost and adds no burden. In operated under different regulatory currently available that will meet the order to allow for attrition of current requirements throughout their service proposed standards, this requirement inventories and acquisition of the new life, it is likely that most, if not all, would impose minimal additional costs. materials, the FAA is proposing a 2-year affected newly manufactured transport This requirement would apply to compliance time, after which insulation category airplanes would comply, in airplanes manufactured more than two materials that are replaced would have order to account for potential future part years after the effective date of the final to be replaced with materials meeting 121 operations. The FAA invites rule. Two years is considered sufficient the new flame propagation standards. comments on this aspect of the time to allow for material production This requirement is expected to apply to proposal. capacity to be developed and a relatively small amount of materials Replacement: This proposal does not disposition of existing inventory. that are replaced every year. As with include a requirement to use materials It should be noted that this proposal newly manufactured airplanes, two differs from previous rulemaking related complying with the burnthrough test years is considered sufficient time to standards because the FAA considers to flammability of materials in that the allow for material production capacity that such a requirement would not be applicability to newly manufactured to be developed and disposition of cost effective. If the fuselage is subjected airplanes is not limited to operations existing inventory. under part 121. However, in this case to an external fire, it is unlikely that the proposal would effectively add no Burnthrough Protection insulation complying with this standard cost, and the potential for an inflight fire New Production: The FAA also that has been installed in a portion of is not limited to air carrier operations. proposes that newly manufactured the fuselage would significantly delay The FAA invites comments on this airplanes entering the fleet in part 121 burnthrough if the rest of the fuselage aspect of the proposal. operations be required to comply with contains insulation that does not Replacement: Amendments to parts the new standards relative to comply with the new standard. As 91, 121, 125, and 135 are proposed to burnthrough protection. This discussed previously, in order to be require that insulation materials, when requirement would apply to airplanes effective against burnthrough, new installed as replacements, meet the new manufactured more than 4 years after insulation materials would also have to flame propagation test requirements of the effective date of the final rule. be installed in a manner that would § 25.856. This proposal would provide Although there are materials currently allow them to remain in place when for the gradual attrition of earlier available that will meet the proposed exposed to an external fire. Requiring materials. Since there are existing standards, these materials are not that the means of fastening, and the materials that meet the proposed widely used. Therefore, the burnthrough associated engineering necessary to standards, and since those materials portion of the proposal is expected to incorporate design changes, be cost and weigh no more than other require both material and, in many accounted for on a material replacement materials, this should result in no cases, design changes to implement. As basis would not be cost effective. additional cost to operators. discussed in the context of the proposed Date of Manufacture As with newly manufactured part 25 changes, these design changes airplanes, it is appropriate to address relate primarily to the means of For the purposes of this proposal, the not only those airplanes operated in part fastening the insulation to the fuselage date of manufacture is considered to be 121 air carrier service, but other structure. For those airplanes that the date on which inspection records operations as well, since the flame require design changes, the FAA show that an airplane is in a condition propagation portion of this proposal recognizes that adequate time is for safe flight. This is not necessarily the would enhance safety over the current necessary to perform the necessary date on which the airplane is in regulatory requirements, and can be engineering and to obtain approval for conformity with the approved type done at no cost. The language in the changes. Four years is considered a design, or the date on which a certificate proposed changes to part 121 differs reasonable time to implement any of airworthiness is issued, since some from that in other parts to make it clear design changes and configuration items not relevant to safe flight, such as that the replacement aspect of this control measures required to account for passenger seats, may not be installed at proposal does not in any way provide the new standard, and to allow for that time. It could be earlier, but would relief from the basic requirements for material availability. be no later, than the date on which the newly manufactured airplanes. As Generally, airplanes operated under first flight of the airplane occurs. This discussed below, part 121 differs from parts 91, 125, and 135 carry fewer definition has been used in previous other parts in that airplanes passengers than airplanes operating rulemaking, including the preamble to manufactured after a specified date (four under part 121 and can, as a result, be Amendment 121–247, Improved years after the effective date of the final evacuated more quickly. Therefore, the Flammability Standards for Materials rule) would have to comply with the FAA considers that the additional Used in the Interiors of Transport burnthrough protection standard, as evacuation time provided by enhanced Category Airplanes, (60 FR 6616), well as the flame propagation standard, fuselage burnthrough protection would § 121.312 and § 121.343, Flight and these requirements would also not provide the same increase in safety recorders.
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Paperwork Reduction Act Insulation Material Unit Costs and comparable in weight, there would be Weights no weight penalty associated with In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C Insulation material costs are a Curlon’s use. 3507(d)), the FAA has determined that function of the size of the airplane and Part 121 Airplanes Produced Between there are no requirements for its thermal and acoustical needs, which, 2000 and 2019 information collection associated with in turn, depend on the configuration of In order to determine the number and this proposed rule. the airplane, its performance types of transport category airplanes characteristics, and its utilization. Based International Compatibility added to the U.S. air carrier (part 121) on dimensional, material weight, and fleet during the years 2000–2019, the In keeping with U.S. obligations cost information received from airplane FAA reviewed its own forecast as well under the Convention on International manufacturers, air carriers, and as those of Boeing and Airbus. The FAA Civil Aviation, it is FAA policy to insulation blanket manufacturers, and estimated the number of airplanes that comply with International Civil the results of testing by the FAA’s would be affected by the proposed rule Aviation Organization (ICAO) Standards Technical Center, the FAA has and manufactured between 2000 and and Recommended Practices to the determined that some materials that 2019.1 maximum extent practicable. The FAA would meet the proposed test Of the estimated 10,943 newly has determined that there are no ICAO requirements cost and weigh no more produced N-registered transport Standards and Recommended Practices than materials currently being installed category airplanes expected to join the that correspond to these proposed in newly-produced airplanes. Because part 121 fleet during that 20-year period, regulations. the proposed rule would apply to 8,781 would be required to have newly-produced airplanes (i.e., no Regulatory Evaluation Summary fuselage burnthrough protection. An airplanes would be removed from estimated 2,162 newly-produced Changes to Federal regulations must service for retrofit), only the incremental transport category airplanes with fewer undergo several economic analyses. costs of these improved blankets and than 20 seats would be exempt from this First, Executive Order 12866 directs that engineering costs to effect any design proposed requirement. each Federal agency shall propose or changes are attributable to the rule. The FAA has determined that some adopt a regulation only upon a reasoned The FAA estimates that insulation insulation materials that are currently determination that the benefits of the blankets currently installed in transport used would meet the proposed intended regulation justify its costs. category airplanes are composed of an requirements for flame propagation; Second, the Regulatory Flexibility Act average of 3 inches of fiberglass batting therefore, the FAA attributes no of 1980 requires agencies to analyze the covered with a film. Under the proposed incremental costs from this requirement. economic effect of regulatory changes requirements for affected part 121 The total discounted cost for these 8,781 on small entities. Third, the Unfunded airplanes with 20 or more passenger airplanes that would be required to have Mandates Reform Act of 1995 (Pub. L. seats, the FAA assumes that the blankets burnthrough protection over 20 years is 104–4) requires each Federal agency to in the lower half of the fuselage would $52.6 million, or $22.6 million prepare a written assessment of the be composed of an average of 2 inches discounted to present value at seven effects of any Federal mandate in a of fiberglass batting and 1 inch of percent. The annualized cost over 20 proposed or final agency rule that may Curlon batting (a material that would years is $2.1 million. result in the expenditure by State, local, meet the proposed requirements for The proposed requirement for or tribal governments, in the aggregate, burnthrough protection), and the transport category airplanes operating or by private sector, of $100 million or blankets in the upper half would be under parts 91, 125, and 135 would be more annually (adjusted for inflation). composed of an average of 3 inches of only for improved insulation meeting These analyses have been completed, fiberglass. Blankets would be enclosed the proposed flame propagation are summarized below, and fully in metalized PVF, a film shown to meet standards, and the FAA has determined discussed in the full regulatory the proposed flame propagation that there would be no incremental evaluation. The FAA invites the public requirements. Airplanes with fewer than costs from this requirement. to provide comments and supporting 20 passenger seats would continue to Engineering Costs data on the assumptions made in this have an average of 3 inches of fiberglass evaluation. All comments received will batting covered with metalized PVF Manufacturers would incur costs of be considered in the final regulatory film. changing installation drawings and evaluation. Other materials may also be used, but production part numbers for the new these may be more expensive or add insulation blankets of newly produced Costs of Proposed Rule substantial weight to the blankets. The currently certificated airplanes.2 Testing results at the FAA’s Technical FAA solicits information concerning the Estimates of the time to accomplish Center show that insulation materials materials that would be used to comply these changes are a function of the size are commercially available that will with the proposed requirements. of the airplane and whether or not the meet the FAA’s proposed requirements The FAA has determined that there blanket configuration would have to be for both flame propagation and would be no incremental cost (for either changed. The process of accomplishing burnthrough. The estimates presented materials or weight) of installing these tasks would involve a series of below are preliminary and may insulation in airplanes with fewer than steps, including changing the drawings overstate the actual material costs to 20 passenger seats, because some (part numbers and, when necessary, affected operators, because other, less materials that are currently used would blanket configurations) and reviews and expensive materials may be developed meet the proposed requirements for as the proposed tests become known. flame propagation. For airplanes with 1 These estimates include airplanes produced The FAA solicits information from 20 or more passengers, the additional under new type certificates. 2 manufacturers, air carriers, and cost would be that of replacing 1 inch There would be no costs attributable to the proposed rule for airplanes of new type designs, insulation blanket manufacturers to of fiberglass with 1 inch of Curlon . because these engineering costs are for changes to refine these estimates. Because Curlon and fiberglass are drawings.
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(The FAA assumes there Swissair accident, preliminary evidence would be six models of two-engine developed through the joint sponsorship points to burning thermal/acoustical narrowbody airplanes, six models of of the FAA, the Civil Aviation Authority insulation above the cockpit ceiling as two-engine widebody airplanes, two of of the United Kingdom (UK), and the contributing to the crash. The airplane, which would be cargo models, and three Direction Generale de l’Aviation Civile a McDonnell Douglas MD–11, used models of four-engine widebody (DGAC) of France, with the FAA’s insulation blankets composed of airplanes.) The FAA estimates the Technical Center providing the test standardization. The equipment would fiberglass covered with metalized burdened hourly rate for an engineer is include a gun-type test burner that uses Mylar . The FAA considers that $130. If only blanket materials change, the FAA estimates costs would total kerosene for a fuel source and various replacement of metalized Mylar may $13.8 million. If both blanket materials components that measure heat flux, be necessary and is proceeding to and their configurations change, the temperature, air velocity, and time. The address the affected material by estimated costs would be $48.9 million. test rig would be provided with an airworthiness directive. These costs would occur in the first 2 exhaust system to remove combustion There have been other reports of fires years after the effective date of the rule. products. The FAA estimates that the in which the flammability of the Discounted costs, assuming half the cost test apparatus would cost about thermal/acoustical insulation was a would be incurred in 2000 and half in $10,000. Again, the FAA expects that contributing factor. These accidents and 2001, would range from $12.5 million to airplane manufacturers, insulation incidents indicate that the flammability $44.2 million. The FAA solicits blanket fabricators, and chemical of the thermal/acoustic insulation can information concerning the engineering companies would purchase 12 rigs. The be a significant factor in contributing to costs to part 121 airplane costs, therefore, would be $120,000 for the spread of a fire, either inflight or manufacturers, including information 12 rigs, or $112,000 discounted to after a crash. The proposed rule would concerning the need for blanket present value. reduce those threats by requiring newly configuration changes. produced airplanes to use improved Manufacturers currently have insulation that passes the proposed Because airplane models operated facilities and personnel that conduct under part 125 are typically the same requirements for flame propagation and blanket certification testing; therefore, fuselage burnthrough. airplane models that are operated under the FAA has attributed no other costs to part 121, there would be no additional The FAA, in conjunction with the testing materials. engineering costs to those models. CAA–UK and the DGAC of France, Manufacturers of other transport Total Costs of the Proposed Rule conducted research to assess the current category airplanes, that is, those capability of airplane fuselages to resist operating under parts 91 or 135, would If only blanket material changes are burnthrough from an external fuel fire. also incur engineering costs. The FAA made, the total costs over the years That research demonstrated the estimates these costs to be $750,000, or 2000–2019 are $68.0 million, or $36.5 importance of thermal/acoustic $678,000 discounted to present value. million discounted to present value. insulation in the burnthrough process. Improved insulation costs account for Without making any other change to the Testing Equipment about 77 percent of total nondiscounted airplane, these studies showed that Manufacturers of insulation blankets costs, while engineering costs account improved thermal/acoustic insulation or blanket components would incur for 21 percent and testing equipment can delay the entry of a post-crash fuel costs to test blankets or blanket accounts for 1 percent. fire by several minutes, thus prolonging components. Two tests are proposed: a If manufacturers need to make the time available for escape. Although there are other factors that affect flame propagation test and a configuration changes as well as fuselage burnthrough, it was burnthrough test. material changes to their drawings, the The flame propagation test (also demonstrated that the simplest and FAA estimates that total costs would be called the critical radiant flux test) is most effective approach to improving $103.1 million over the years 2000– based on a test method developed for burnthrough resistance was to improve 2019, or $68.2 million discounted to floor-covering systems, Standard Test the fire resistance of the insulation. present value. In this scenario, Method ASTM E 648 for Critical A study by R.G.W. Cherry & Radiant Flux of Floor-Covering Systems engineering costs account for 51 percent Associates Limited examined the using a Radiant Head Energy Source. of total nondiscounted costs, improved International Cabin Safety Research The FAA’s Technical Center has insulation costs account for 48 percent, Technical Group’s Survivable Accidents modified the test method for purposes and testing equipment accounts for 1 Database to identify and extract data for of measuring flame propagation on percent. airplane accidents where fuselage insulation materials. A rig that is used In both scenarios, the greatest costs burnthrough was an issue in the for ASTM E 648 testing costs about would be incurred during the first 2 survivability of the occupants. A $50,000. The FAA expects that airplane years after the effective date, when burnthrough accident was defined as: manufacturers, insulation blanket airplane and insulation blanket ‘‘An aircraft accident where the fuselage fabricators, and chemical company manufacturers and testing labs would skin was penetrated by an external fire manufacturers would purchase or incur costs. On a per airplane basis, the while live occupants were on board.’’ A construct 12 of these modified rigs. The costs would average between $6,200 and survivable accident is one ‘‘where there costs, therefore, would be $720,000. The $9,400, depending on whether or not were one or more survivors or there was FAA assumes that these costs would be configuration changes were needed. potential for survival.’’ Only survivable
VerDate 112000 17:28 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\20SEP2.SGM pfrm03 PsN: 20SEP2 57000 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules or potentially survivable accidents in would increase by about 2.157 percent impact on a substantial number of small which there were fire injuries were per year or by 50 percent by 2019. entities. If the determination is that it selected for analysis. The FAA estimates that 37.2 fatalities will, the agency must prepare a Seventeen accidents involving 2,201 that would have occurred on airplanes regulatory flexibility analysis (RFA) as occupants and occurring between 1966 of U.S. registry would be avoided over described in the RFA. However, if an and 1993 were identified by Cherry & 20 years by the proposed rule’s agency determines that a proposed or Associates. In analyzing accidents, requirement for burnthrough protection. final rule is not expected to have a Cherry & Associates took into account Assuming society is willing to pay $2.7 significant economic impact on a improvements that might have been million to avoid a fatality, burnthrough substantial number of small entities, made to numbers of fatalities and protection for the newly produced section 605(b) of the 1980 act provides injuries if the airplanes had been airplanes in the U.S. fleet would result that the head of the agency may so configured to later requirements. These in a nondiscounted total benefit of certify and an RFA is not required. The later requirements were: $100.5 million over the 20-year period, certification must include a statement • Floor proximity lighting/marking or $37.7 million discounted to present providing the factual basis for this • Seat cushion flammability value. determination, and the reasoning should • Reduced heat release of cabin There would also be benefits from the be clear. interior materials proposed flame propagation The FAA conducted the required • Improved access to type III exits requirement. As several of the incidents review of this proposed rule. The and accidents reviewed for this analysis Cherry & Associates derived benefits engineering costs would be incurred by and described in the complete based on the airplane standards at the manufacturers of transport category regulatory evaluation show, the time of the accident and on airplanes airplanes, none of whom is a small potential for ignition from electrical assumed to be configured to later entity. Testing equipment costs would arcing or other sources can be high. The requirements. Because the proposed be incurred by airplane manufacturers, proposed flame propagation rule would apply to newly produced insulation blanket fabricators, and requirements would ensure that, if chemical companies. The FAA has airplanes, the results based on later ignition occurred, the resultant flame determined that none of these entities requirements are those used in the would not spread on the thermal/ that are expected to conduct testing is FAA’s benefits analysis. acoustic insulation. small. Finally, the cost of a newly Of the 140 worldwide fire related fatal The FAA is unable to quantify these produced passenger airplane outfitted accidents in the International Cabin benefits. However, preventing the loss with burnthrough protection would be Safety Research Technical Group’s of one airplane and its passengers over greater because of the proposed rule. Survivable Accidents Database at the the 20-year period is not unlikely. The FAA cannot determine who would time of Cherry & Associate’s study, only Assuming such a loss would occur at purchase these airplanes, but the 54 percent had sufficient data to assess the midpoint of the analysis, or in 2009, incremental cost of burnthrough whether burnthrough occurred. with 169 passengers, the nondiscounted protection would not exceed $11,000 (in Assuming the accidents that did not loss would be $455.5 million, or $231.5 a four-engine widebody), an amount have sufficient data have a similar million discounted to present value that would represent an insignificant benefit potential to those that do, the (again, assuming society’s willingness to percentage of the total cost of a new actual benefits would be 1.85 times (1/ pay $2.7 million to avoid a fatality). airplane. 0.54) the analyzed benefits. This loss does not include the value of Accordingly, pursuant to the The FAA’s Technical Center has the airplane. Even without loss of life, Regulatory Flexibility Act, 5 U.S.C. determined that the burnthrough as several of the incidents show, a hull 605(b), the Federal Aviation protection requirements of this loss could exceed tens of millions of Administration certifies that this proposed rule would provide an dollars. The FAA therefore has proposed rule would not have a additional 4 minutes for occupants to determined that this proposed rule significant economic impact on a exit an airplane. Cherry & Associates’ would be cost beneficial. substantial number of small entities. analysis shows that an additional 4 minutes would result in 10.1 lives saved Initial Regulatory Flexibility International Trade Impact Assessment per year worldwide. Because the Determination The provisions of this proposed rule proposed rule would apply only to The Regulatory Flexibility Act of 1980 would have little or no impact on trade newly produced airplanes of U.S. (FRA) establishes ‘‘as a principle of for U.S. firms doing business in foreign registry, the FAA has adjusted this regulatory issuance that agencies shall countries and foreign firms doing estimate downward. endeavor, consistent with the objective business in the United States. The Cherry report states that the of the rule and of applicable statutes, to authors do not believe that ‘‘* * * the fit regulatory and informational Unfunded Mandates Reform Act number of fatalities and injuries will requirements to the scale of the Title II of the Unfunded Mandates change markedly for the near future.’’ businesses, organizations, and Reform Act of 1995 (the Act), enacted as The FAA disagrees. Based on FAA and governmental jurisdictions subject to Public Law 104–4 on March 22, 1995, industry forecasts, the number of regulation.’’ To achieve that principle, requires each Federal agency, to the transport category passenger airplanes the RFA requires agencies to solicit and extent permitted by law, to prepare a in the world fleet is expected to grow by consider flexible regulatory proposals written assessment of the effects of any 109 percent over the years 2000—2019, and to explain the rationale for their Federal mandate in a proposed or final while the number of airplanes in the actions. The RFA covers a wide-range of agency rule that may result in the U.S. fleet is expected to grow by 97 small entities, including small expenditure by State, local, and tribal percent. The number of passengers businesses, not-for-profit organizations, governments, in the aggregate, or by the enplaned by U.S. carriers is expected to and small governmental jurisdictions. private sector, of $100 million or more grow by 107 percent. Therefore, the Agencies must perform a review to (adjusted annually for inflation) in any FAA has estimated that Cherry’s determine whether a proposed or final 1 year. Section 204(a) of the Act, 2 estimate of 10.1 lives saved per year rule will have a significant economic U.S.C. 1534(a), requires the Federal
VerDate 112000 17:28 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\20SEP2.SGM pfrm03 PsN: 20SEP2 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Proposed Rules 57001 agency to develop an effective process Law 94–163, as amended (42 U.S.C. Authority: 49 U.S.C. 106(g), 40113, 44701– to permit timely input by elected 6362). It has been determined that it is 44702, and 44704. officers (or their designees) of State, not a major regulatory action under the local, and tribal governments on a provisions of the EPCA. 2. Amend § 25.853 by revising proposed ‘‘significant intergovernmental paragraph (a) to read as follows: Regulations Affecting Intrastate mandate.’’ § 25.853 Compartment interiors. A ‘‘significant intergovernmental Aviation in Alaska mandate’’ under the Act is any Section 1205 of the FAA * * * * * provision in a Federal agency regulation Reauthorization Act of 1996 (110 Stat. (a) Except for thermal/acoustic that would impose an enforceable duty 3213) requires the Administrator, when insulation materials, materials upon State, local, and tribal modifying regulations in Title 14 of the (including finishes or decorative governments, in the aggregate, of $100 CFR in a manner affecting intrastate surfaces applied to the materials) must million (adjusted annually for inflation) aviation in Alaska, to consider the meet the applicable test criteria in any 1 year. Section 203 of the Act, 2 extent to which Alaska is not served by prescribed in part I of appendix F of this U.S.C. 1533, which supplements section transportation modes other than part, or other approved equivalent 204(a), provides that before establishing aviation, and to establish such methods, regardless of the passenger any regulatory requirements that might regulatory distinctions as he or she capacity of the airplane. significantly or uniquely affect small considers appropriate. Because this * * * * * governments, the agency shall have proposed rule would apply to the developed a plan that, among other certification of future designs of 3. Amend § 25.855 by revising things, provides for notice to potentially transport category airplanes and their paragraph (d) to read as follows: affected small governments, if any, and subsequent operation, it could, if § 25.855 Cargo or baggage compartments. for a meaningful and timely opportunity adopted, affect intrastate aviation in * * * * * to provide input in the development of Alaska. The FAA therefore specifically regulatory proposals. requests comments on whether there is (d) Except for thermal/acoustic This proposed rule does not contain justification for applying the proposed insulation materials, all other materials any significant Federal rule differently to intrastate operations used in the construction of the cargo or intergovernmental or private sector in Alaska. baggage compartment must meet the mandate. Therefore, the requirements of applicable test criteria prescribed in part Title II of the Unfunded Mandates List of Subjects I of appendix F of this part or other Reform Act of 1995 do not apply. 14 CFR Part 25 approved equivalent methods. Executive Order 13132, Federalism Aircraft, Aviation safety, Reporting * * * * * The FAA has analyzed this proposed and recordkeeping requirements. 4. Add § 25.856 to read as follows: rule under the principles and criteria of 14 CFR Part 91 Executive Order 13132, Federalism. The § 25.856 Insulation materials. FAA has determined that this action Aircraft, Aviation safety, Reporting Thermal/acoustic insulation material would not have a substantial direct and recordkeeping requirements. must meet the flame propagation test effect on the States, on the relationship 14 CFR Part 121 requirements of part VI of appendix F of between the national Government and Aircraft, Aviation safety, Reporting this part, or other FAA-approved the States, or on the distribution of equivalent test requirements. In power and responsibilities among the and recordkeeping requirements, Safety, Transportation. addition, for airplanes with a passenger various levels of government. Therefore, capacity of 20 or greater, insulation the FAA has determined that this notice 14 CFR Part 125 materials (including the means of of proposed rulemaking would not have Aircraft, Aviation safety, Reporting fastening the materials to the fuselage) federalism implications. and recordkeeping requirements. installed in the lower half of the Environmental Analysis airplane fuselage must meet the flame 14 CFR Part 135 penetration resistance test requirements FAA Order 1050.1D defines FAA Aircraft, Aviation safety, Reporting of part VII of appendix F of this part, or actions that may be categorically and recordkeeping requirements. other FAA-approved equivalent test excluded from preparation of a National requirements. Environmental Policy Act (NEPA) The Proposed Amendments environmental assessment or 5. Amend appendix F to part 25 as In consideration of the foregoing, the follows: environmental impact statement. In Federal Aviation Administration accordance with FAA Order 1050.1D, proposes to amend parts 25, 91, 121, a. In part I, paragraph (a)(1)(ii), by appendix 4, paragraph 4(j), this 125, and 135 of Title 14 of the Code of removing the words ‘‘thermal and rulemaking action qualifies for a Federal Regulations as follows: acoustical insulation and insulation categorical exclusion. covering’’ and ‘‘insulation blankets’’ Energy Impact PART 25ÐAIRWORTHINESS from the first sentence. STANDARDS: TRANSPORT b. In part I, by removing and reserving The energy impact of the proposed CATEGORY AIRPLANES rule has been assessed in accordance paragraph (a)(2)(i). with the Energy Policy and 1. The authority citation for part 25 c. By adding parts VI and VII to read Conservation Act (EPCA) and Public continues to read as follows: as follows:
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Appendix F to Part 25 characteristics of thermal/acoustic insulation as fiberglass or other batting material and when exposed to both a radiant heat source foams. * * * * * and a flame. (2) Radiant heat source. The radiant heat Part VI–Test Method to Determine the (a) Definitions—(1) Thermal acoustic source is an air-gas fueled radiant heat energy Flammability and Flame Propagation insulation. Thermal/acoustic insulation is panel or equivalent. Characteristics of Thermal/Acoustic defined as a material or system of materials (b) Test apparatus (as schematically shown Insulation Materials used to provide thermal and/or acoustic in figure 1). This test method is used to evaluate the protection. Examples include a film-covering flammability and flame propagation material encapsulating a core material such
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(1) Radiant panel test chamber. Tests shall such as Kaowool M TM board. The front side chamber shall have an internal chimney with be conducted in a radiant panel test chamber shall be provided with an approximately 52- exterior dimensions of 5.1 inches (129mm) (see figure 1). The test chamber shall be by 10-inch (1321 by 254mm) draft free, high wide, by 16.2 inches (411 mm) deep by 13 located under an exhaust hood to facilitate temperature, glass observation window, to inches (330mm) high at the opposite end of clearing the chamber of smoke after each test. facilitate viewing the sample during testing. the chamber from the radiant energy source. The radiant panel test chamber shall consist Below the window is a door, which provides of an enclosure 55 inches (1400 mm) long by access to the movable specimen platform The interior dimensions are 4.5 inches 19.5 (500 mm) deep by 28 (710 mm) to 30 holder. The bottom of the test chamber shall (114mm) wide by 15.6 inches (395mm) deep. inches (maximum) (762 mm) above the test consist of a sliding steel platform, which has The chimney extends to the top of the specimen. The sides, ends, and top shall be provisions for securing the test specimen chamber (see figure 2). insulated with a fibrous ceramic insulation holder in a fixed and level position. The
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(2) Radiant heat source. The radiant heat radiation surface of 12 by 18 inches (305 by must satisfy the calibration conditions and energy source shall be a panel of porous 457mm). The panel shall be capable of produce test results equivalent to the air-gas refractory material mounted in a cast iron operating at temperatures up to 1500°F panel, for any material tested. frame or equivalent. The panel shall have a (816°C). See figure 3. An equivalent panel
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(i) Radiant panel heating system. The shall include an air flow gauge, an air flow thicknesses of test specimens. A sheet of radiant panel fuel shall be propane (liquid regulator, and a gas pressure gauge. refractory material may be placed and petroleum gas—2.1 UN 1075). The panel fuel (ii) Radiant panel placement. The panel supported by the lip in the open bottom system shall consist of a venturi-type shall be mounted in the chamber at 30§ to the (base) of the sliding platform for samples that horizontal specimen plane. aspirator for mixing gas and air at do not require height compensation. The (3) Specimen holding system. (i) The approximately atmospheric pressure. sliding platform serves as the housing for test refractory material may be placed on the Suitable instrumentation will be necessary specimen placement. Brackets may be bottom of the brackets to hold the test for monitoring and controlling the flow of attached (via wing nuts) to the top lip of the specimen (for height requirement) if fuel and air to the panel. Instrumentation platform in order to accommodate various necessary. See figure 4.
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(ii) A 1⁄2 inch (13mm) piece of Kaowool such that it impedes the sliding platform 44 3⁄4 by 123⁄4 inches (1137 by 320mm) with M TM board or other high temperature movement (in and out) of the test chamber. a specimen opening of 40 by 77⁄8 inches material measuring 411⁄2 by 81⁄4 inches (1054 (iii) The test specimen shall be placed (1016 by 140mm) shall be placed on top of by 210mm) shall be attached to the back side horizontally on the refractory base (or the test specimen. The retaining frame shall of the platform. This board will serve as a brackets). A stainless steel retaining frame have two 1⁄2 inch (12.7mm) holes drilled at heat retainer and will protect the test (AISI Type 300 UNA–NO8330), or each end for positioning the frame to the two specimen from excessive preheating. The equivalent, having a thickness of 0.078 stud bolts at each end of the sliding platform. height of this board must not be too high inches (1.98mm) and overall dimensions of See figure 5.
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(iv) A securing frame (acting as a clamping opening of 391⁄2 by 71⁄2 inches (1003 by fasten the securing frame over the test mechanism) constructed of mildsteel may be 190mm). Hence, the exposed area of test specimen due to the weight of the frame placed over the test specimen. The securing specimen exposed to the radiant panel is itself. frame overall dimensions are 421⁄2 by 101⁄2 391⁄4 by 71⁄4 inches (996 by 184mm). See inches (1080 by 267mm) with a specimen figure 6. It is not necessary to physically
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(4) Pilot burner. The pilot burner used to burner tube is 27⁄8 inches (71mm). The burner to aid in setting the flame height. ignite the specimen is a Bernzomatic TM propane flow is adjusted via gas pressure There shall be a means provided to move the commercial propane venturi torch with an through an in-line regulator to produce a blue burner out of the ignition position so that the axially symmetric burner tip having a inner cone length of 3⁄4 inch (19mm). A 3⁄4 flame is horizontal and at least 2 inches propane supply tube with an orifice diameter inch (19mm) guide (such as a thin strip of (50mm) above the specimen plane. See figure of 0.006 inches (0.15mm). The length of the metal) may be spot welded to the top of the 7.
(5) Thermocouples. A 24 American Wire (E) The copper center wire diameter shall (H) The range used in calibration shall be Gauge (AWG) Type K (Chromel-Alumel) be 0.0005 inches (0.013mm). at least 0–3.5 BTUs/ft 2 second (0–3.9Watts/ thermocouple shall be installed in the test (F) The entire face of the calorimeter shall cm2) and no greater than 0–5.6 BTUs/ft 2 chamber for temperature monitoring. It shall be lightly coated with ‘‘Black Velvet’’ paint second (0–5 Watts/cm2. be inserted into the chamber through a small having an emissivity of 96 or greater. (I) The recording device used must record hole drilled through the back of the chamber. (ii) Calorimeter calibration. the 2 transducers simultaneously or at least The thermocouple shall be placed such that (A) The calibration method shall be by within 1⁄10 of each other. it extends 11 inches (279mm) out from the comparison to a like standardized transducer. (8) Calorimeter Fixture. With the sliding 1 back of the chamber wall, 11 ⁄2 inches (B) The standardized transducer shall meet platform pulled out of the chamber, install (292mm) from the right side of the chamber the specification given in paragraph (b)(6) of the calorimeter holding frame. The frame is wall, and is 2 inches (51mm) below the this part of this appendix. 131⁄8 inches (333mm) deep (front to back) by radiant panel. The use of other (C) It shall be calibrated against a primary 8 inches (203mm) wide and rests on the top thermocouples is optional. standard by the National Institute of of the sliding platform. It is fabricated of 1⁄8 (6) Calorimeter. The calorimeter shall be a one inch cylindrical water-cooled, total heat Standards and Technology (NIST). inch (3.2mm) flat stock steel and has an 1 flux density, foil type Gardon Gage that has (D) The method of transfer shall be a opening that accommodates a ⁄2 inch TM a range of 0 to 5 BTU/ft 2-second (0 to 5.6 heated graphite plate. (12.7mm) thick piece of Kaowool M board, Watts/cm2). (E) The graphite plate shall be electrically which is level with the top of the sliding (7) Calorimeter calibration specification heated, have a clear surface area on each side platform. The board has three 1 inch and procedure. of the plate of at least 2 by 2 inches (51 by (25.4mm) diameter holes drilled through the 1 ±1 (i) Calorimeter Specification. 51mm), and be ⁄8 inch ⁄16 inch thick (3.2 board for calorimeter insertion. The distance (A) Foil diameter shall be 0.25 ±0.005 ±1.6mm). from the outside frame (right side) to the inches (6.35 ±0.13mm). (F) The 2 transducers shall be centered on centerline of the first hole (‘‘zero’’ position) (B) Foil thickness shall be 0.0005 ±0.0001 opposite sides of the plates at equal distances is 17⁄8 inches (47mm). The distance between inches (0.013 ±0.0025mm). from the plate. the centerline of the first hole to the (C) Foil material shall be thermocouple (G) The distance of the calorimeter to the centerline of the second hole is 2 inches grade Constantan. plate shall be no less than 0.0625 inches (51mm). It is also the same distance from the (D) Temperature measurement shall be a (1.6mm), nor greater than 0.375 inches centerline of the second hole to the Copper Constantan thermocouple. (9.5mm). centerline of the third hole. See figure 8.
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(9) Instrumentation. A calibrated recording (e) Calibration. (1) With the sliding (51mm) above the top of the platform. The device with an appropriate range or a platform out of the chamber, install the burner must not contact the specimen until computerized data acquisition system shall calorimeter holding frame. Push the platform the test begins. be provided to measure and record the back into the chamber and insert the (2) Place the test specimen in the sliding outputs of the calorimeter and the calorimeter into the first hole (‘‘zero’’ platform holder. Ensure that the test sample thermocouple. The data acquisition system position). See figure 8. Close the bottom door surface is level with the top of the platform. must be capable of recording the calorimeter located below the sliding platform. The At ‘‘zero’’ point, the specimen surface is 71⁄2 7 ±1 ± output every second during calibration. centerline of the calorimeter is 1 ⁄8 inches inches ⁄8 inch (191mm 3) below the (10) Timing device. A stopwatch or other (46mm) from the end of the holding frame. radiant panel. device, accurate to ±1 second/hour, shall be The distance from the centerline of the (3) With film/fiberglass assemblies, it may provided to measure the time of application calorimeter to the radiant panel surface at be necessary to puncture small holes in the ±1 ± of the pilot burner flame. this point is 7.5 inches ⁄8 (191 mm 3). film cover to purge any air inside. This (c) Test specimens. Prior to igniting the radiant panel, ensure allows the operator to maintain the proper (1) Specimen preparation. A minimum of that the calorimeter face is clean and that test specimen position (level with the top of there is water running through the the platform). The holes should be made in three test specimens shall be prepared and calorimeter. the sides/ and or the corners of the test tested. (2) Ignite the panel. Adjust the fuel/air specimen using a needle-like tool. (2) Construction. Test specimens shall mixture to achieve 1.5 BTUs/ft 2-second ±5% (4) Place the retaining frame over the test include all materials used in construction of (1.8 Watts/cm2 ±5%) at the ‘‘zero’’ position. specimen. The securing frame may be used the insulation (including batting, film, scrim, If using an electric panel, set the power if the samples have been stapled and tend to tape etc.). Cut a piece of core material such controller to achieve the proper heat flux. shrink away from the radiant heat source. It as foam or fiberglass, 43 inches long Allow the unit to reach steady state (this may may be necessary (due to compression) to (1092mm) by 11 inches (279mm) wide. Cut take up to 1 hour). The pilot burner is off adjust the sample (up or down) in order to a piece of film cover material (if used) large during this time. maintain the distance from the sample to the enough to cover the core material. There are (3) After steady-state conditions have been radiant panel (71⁄2 inches ±1⁄8 inch a number of ways to prepare the sample. reached, move the calorimeter 2 inches (191mm±3) at ‘‘zero’’ position). These include stapling the film cover around (51mm) from the ‘‘zero’’ position (first hole) (5) Immediately push the sliding platform the ends (as the ends are not exposed to the to the second position and record the heat into the chamber and close the bottom door. radiant heat source), wrapping the core flux. Move the calorimeter to the third (6) Bring the pilot burner flame into material and taping it at the bottom, and heat position and record the heat flux. Allow contact with the center of the specimen at the sealing the sample. The specimen thickness enough time at each position for the ‘‘zero’’ point and simultaneously start the must be of the same thickness as installed in calorimeter to stabilize. timer. The pilot burner shall be at a 27° angle the airplane. (4) Open the bottom door, remove the with the sample and be 1⁄2 inch (12mm) (d) Specimen conditioning. The specimens calorimeter and holder fixture. Use caution above the sample. See figure 8. A stop, as shall be conditioned at 70 ±5 °F (21 ±2 °C) as the fixture is very hot. shown in figure 9, allows the operator to and 55% ±10% relative humidity, for a (f) Test procedure. (1) Ignite the pilot position the burner in the correct position minimum of 24 hours prior to testing. burner. Ensure that it is at least 2 inches each time.
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(7) Leave the burner in position for 15 Part VII—Test Method to Determine the of the insulation blanket test frame, seconds and then remove to a position at Burnthrough Resistance of Thermal/Acoustic whichever is sooner. least 2 inches (51mm) above the specimen. Insulation Materials. (2) Specimen set. A specimen set consists (g) Report. (1) Identify and describe the The following test method is used to of two insulation blanket specimens. Both specimen being tested. evaluate the burnthrough resistance specimens must represent the same (2) Report any shrinkage or melting of the characteristics of aircraft thermal-acoustic production insulation blanket construction test specimen. insulation materials when exposed to a high and materials, proportioned to correspond to the specimen size. (3) Report the flame time. intensity open flame. (3) Insulation blanket specimen. The (4) Report the after flame time. (a) Definitions—(1) Burnthrough time. The burnthrough time is measured at the inboard insulation blanket specimen is one of two (h) Requirements. (1) No flaming beyond 2 side of each of the insulation blanket specimens positioned in either side of the inches (51mm) to the left of the centerline of specimens. The burnthrough time is defined test rig, at an angle of 30° with respect to the point of pilot flame application is as the time required, in seconds, for the vertical. allowed. burner flame to penetrate the test specimen, (b) Apparatus—(1) The arrangement of the (2) Of the 3 specimens tested, only 1 and/or the time required for the heat flux to test apparatus is shown in figures 1 and 2 specimen may have an after flame. That after reach 2.0 Btu/ft2sec on the inboard side, at and shall include swinging the burner away flame may not exceed 3 seconds. a distance of 12 inches from the front surface from the test specimen during warm-up.
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(2) Test burner. The test burner shall be a DPL 3400. Flame characteristics may be disc turbulator or a temperature modified gun-type such as the Park Model enhanced with the optional use of a static compensation fuel nozzle.
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(i) Nozzle. A nozzle is required to maintain nozzle spray angle, fuel pressure, or other (ii) Burner cone. A 12 ±0.125-inch (305 ±6 the fuel pressure to yield a nominal 6.0 gal/ similar parameters are acceptable if the mm) burner extension cone shall be installed hr (0.378 L/min) fuel flow. A Monarch nominal fuel flow rate and temperature and at the end of the draft tube. The cone shall ± ± manufactured 80° PL (hollow cone) nozzle heat flux measurements conform to the have an opening 6 0.125-inch (152 6 mm) ± ± nominally rated at 6.0 gal/hr at 100 lb/in2 requirements of paragraph (e) of this part of high and 11 0.125-inch (280 6 mm) wide (0.71 MPa) has been found to deliver a proper this appendix. (figure 3). spray pattern. Minor deviations to the fuel BILLING CODE 4910±13±U
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BILLING CODE 4910±13±C
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(iii) Fuel. JP–8, Jet A, or their international type) has been found to be satisfactory to appropriate range such as 0–20 Btu/ft2-sec equivalent has been found to satisfactorily deliver 6.0 ±0.2 gal/hr (0.378 L/min). (0–22.7 W/cm2), accurate to ±3% of the deliver a 6.0 ±0.2 gal/hr flow rate. If this fuel (3) Calibration rig and equipment. (i) A indicated reading. The heat flux calibration is unavailable, ASTM K2 fuel (Number 2 calibration rig shall be constructed to method shall be in accordance with appendix grade kerosene) or ASTM D2 fuel (Number 2 incorporate a calorimeter and thermocouple F, part VI, paragraph (b)(7). grade fuel oil or Number 2 diesel fuel) are rake for the measurement of both heat flux (iii) Calorimeter mounting. The calorimeter and temperature. A combined temperature shall be mounted in a 6- by 12- ±0.125 inch acceptable if the nominal fuel flow rate, and heat flux calibration rig enables a quick (152- by 305- ±3 mm) by 0.75 ±0.125 inch (19 temperature and heat flux measurements transition between these devices, so that the mm ±3 mm) thick insulating block which is conform to the requirements of paragraph (e) influence of air intake velocity on heat flux attached to a calibration rig for attachment to of this part of this appendix. and temperature can be analyzed without the test rig during calibration (figure 4). The (iv) Fuel pressure regulator. A fuel pressure necessitating removal of the calibration rig. insulating block shall be monitored for regulator, adjusted to deliver 6.0 gal/hr (0.378 Individual calibration rigs are also deterioration and replaced when necessary. L/min) nominal, shall be provided. An acceptable. The mounting shall be adjusted as necessary operating fuel pressure of 100 lb/in2 for a 6.0 (ii) Calorimeter. The calorimeter shall be a to ensure that the calorimeter face is parallel gal/hr 80° spray angle nozzle (such as a PL total heat flux, foil type Gardon Gage of an to the exit plane of the test burner cone.
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(iv) Thermocouples. Seven 1⁄8-inch ceramic (AWG) size conductor shall be provided for calibration rig during burner calibration packed, metal sheathed, type K (Chromel- calibration. The thermocouples shall be (figure 5). alumel), grounded junction thermocouples attached to a steel angle bracket to form a with a nominal 24 American Wire Gauge thermocouple rake for placement in the
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(v) Air velocity meter. A vane-type air be fabricated of 1⁄8-inch thick steel as shown (5) Backface calorimeters. Two total heat velocity meter must be used to calibrate the in figure 1, except for the center vertical flux Gardon type calorimeters shall be velocity of air entering the burner. An Omega former, which should be 1⁄4-inch thick to mounted above the insulation test specimens Engineering Model HH30A has been shown minimize warpage. The specimen mounting on the back side (cold) area of the test to be satisfactory. A suitable adapter used to frame stringers (horizontal) should be bolted specimen mounting frame as shown in figure attach the measuring device to the inlet side to the test frame formers (vertical) such that 6. The calorimeters must be positioned along of the burner is required to prevent air from entering the burner other than through the the expansion of the stringers will not cause the same plane as the burner cone centerline, device, which would produce erroneously the entire structure to warp. The mounting at a distance of 4 inches from the centerline low readings. frame shall be used for mounting the two of the test frame. The heat flux calibration (4) Test specimen mounting frame. The insulation blanket test specimens as shown shall be in accordance with appendix F, part mounting frame for the test specimens shall in figure 2. VI, paragraph (b)(7).
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(6) Instrumentation. A recording assemblies shall be 32 inches wide by 36 insulation combination used. If, however, potentiometer or other suitable calibrated inches long, exclusive of heat sealed film several blanket types use similar insulation instrument with an appropriate range shall edges. combinations, it is not necessary to test each be provided to measure and record the (ii) For rigid and other non-conforming combination if it is possible to bracket the outputs of the calorimeter and the types of insulation materials, the finished test various combinations. thermocouples. specimens shall fit into the test rig in such (iii) Moisture barrier film. If a production (7) Timing device. A stopwatch or other a manner as to replicate the actual in-service blanket construction utilizes more than one device, accurate to +/-1%, shall be provided installation. type of moisture barrier film, separate tests to measure the time of application of the (3) Construction. Each of the specimens must be performed on each combination. For burner flame and burnthrough time. tested shall be fabricated using the principal example, if a polyimide film is used in (8) Test chamber. Tests should be components (i.e., insulation, fire barrier conjunction with an insulation in order to performed in a suitable chamber to reduce or material if used, and moisture barrier film) enhance the burnthrough capabilities, the eliminate the possibility of test fluctuation and assembly processes (representative same insulation with a polyvinyl fluoride due to air movement. The chamber must seams and closures). have a minimum floor area of 10 by 10 feet. (i) Fire barrier material. If the insulation must also be tested. (i) Ventilation hood. The test chamber blanket is constructed with a fire barrier (iv) Installation on test frame. The blanket must be provided with an exhausting system material, the fire barrier material shall be test specimens must be attached to the test capable of removing the products of placed in a manner reflective of the installed frame using 12 steel spring type clamps as combustion expelled during tests. arrangement (e.g., if the material will be shown in figure 7. The clamps must be used (c) Test specimens—(1) Specimen placed on the outboard side of the insulation to hold the blankets in place in both of the preparation. A minimum of three specimen material, inside the moisture film, it must be outer vertical formers, as well as the center sets of the same construction and placed accordingly in the test specimen). vertical former (4 clamps per former). Place configuration shall be prepared for testing. (ii) Insulation material. Blankets that the top and bottom clamps 6 inches from the (2) The insulation blanket test specimen. (i) utilize more than one variety of insulation top and bottom of the test frame, For batt-type materials such as fiberglass, the (composition, density, etc.) shall have respectively. Place the middle clamps 8 constructed, finished blanket specimen specimen sets constructed that reflect the inches from the top and bottom clamps.
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Note: For blanket materials that cannot be the top of the upper insulation blanket test burner cone exit is at a distance of 4 ±0.125 installed in accordance with figure 7 above, specimen shall be 100 ±50 ft/min. The inches (102 ±3 mm) from the calorimeter the blankets must be installed in a manner horizontal air velocity at this point shall be face. Ensure that the horizontal centerline of approved by the FAA. less than 50 ft/min. the burner cone is offset 1 inch below the (3) If a calibrated flow meter is not (v) Conditioning. The specimens shall be horizontal centerline of the calorimeter available, measure the fuel flow rate using a conditioned at 70° ±5°F (21° ±2°C) and 55% (figure 8). Without disturbing the burner graduated cylinder of appropriate size. Turn position, slide the thermocouple rake portion +/-10% relative humidity for a minimum of on the burner motor/fuel pump, after of the calibration rig in front of the burner, 24 hours prior to testing. insuring that the igniter system is turned off. (d) Preparation of apparatus. (1) Level and Collect the fuel via a plastic or rubber tube such that the middle thermocouple (number center the frame assembly to ensure into the graduated cylinder for a 2-minute 4 of 7) is centered on the burner cone. Ensure alignment of the calorimeter and/or period. Determine the flow rate in gallons per that the horizontal centerline of the burner thermocouple rake with the burner cone. hour. The fuel flow rate shall be 6.0 ±0.2 cone is also offset 1 inch below the (2) Turn on the ventilation hood for the test gallons per hour. horizontal centerline of the thermocouple chamber. Do not turn on the burner blower. (e) Calibration. (1) Secure the calibration tips.3 If individual calibration rigs are used, Measure the airflow of the test chamber using rig to the test specimen frame. Position the swing the burner to each position to ensure a vane anemometer or equivalent measuring burner so that it is centered in front of the proper alignment between the cone and the device. The vertical air velocity just behind calibration rig, and the vertical plane of the calorimeter and thermocouple rake.
3 The calibration rig must incorporate ‘‘detents’’ and the thermocouple rake with respect to the devices can be achieved during the calibration that ensure proper centering of both the calorimeter burner cone, so that rapid positioning of these procedure.
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(2) Position the air velocity meter in the warm-up position so that the flame will not PART 121ÐOPERATING adapter, making certain that no gaps exist impinge on the specimens. Turn on and light REQUIREMENTS: DOMESTIC, FLAG, where air could leak around the air velocity the burner and allow it to stabilize for 2 AND SUPPLEMENTAL OPERATIONS measuring device. Turn on the blower/motor minutes. while ensuring that the fuel solenoid and (4) To begin the test, rotate the burner into 10. The authority citation for part 121 igniters are off. Adjust the air intake velocity the test position and simultaneously start the continues to read as follows: to a level of 2150 ft/min, then turn off timing device. blower/motor. (5) Expose the test specimens to the burner Authority: 49 U.S.C. 106(g), 40113, 40119, (3) Rotate the burner from the test position flame for 4 minutes and then turn off the 44101, 44701–44702, 44705, 44709–44711, to the warm-up position. Prior to lighting the burner. Immediately rotate the burner out of 44713, 44716–44717, 44722, 44901, 44903– burner, ensure that the calorimeter face is the test position. 44904, 44912, 46105. clean of soot deposits, and there is water (6) Determine (where applicable) the running through the calorimeter. Examine 11. Amend § 121.312 by adding burnthrough time, or the point at which the paragraph (e) to read as follows: and clean the burner cone of any evidence of heat flux exceeds 2.0 Btu/ft2-sec. buildup of products of combustion, soot, etc. (g) Report. (1) Identify and describe the § 121.312 Materials for compartment Soot buildup inside the burner cone may specimen being tested. interiors. affect the flame characteristics and cause (2) Report the number of insulation blanket * * * * * calibration difficulties. Since the burner cone specimens tested. may distort with time, dimensions should be (3) Report the burnthrough time (if any), (e) Thermal/acoustic insulation checked periodically. and the maximum heat flux/temperature on materials. For transport category (4) While the burner is still rotated out of the back face of the insulation blanket test airplanes type certificated after January the test position, turn on the blower/motor, specimen, and the time at which the 1, 1958: igniters, and fuel flow, and light the burner. maximum occurred. (1) For airplanes manufactured before Allow it to warm up for a period of 2 (h) Requirements. (1) Neither of the two minutes. Move the burner into the test [2 years after the effective date of the insulation blanket test specimens shall allow position and allow 1 minute for calorimeter final rule], when thermal/acoustic stabilization, then record the heat flux once fire/flame penetration in less than 240 insulation materials are installed as every second for a period of 30 seconds. Turn seconds replacements after [2 years after the (2) Neither of the two insulation blanket off burner, rotate out of position, and allow effective date of the final rule], those to cool. Calculate the average heat flux over test specimens shall allow more than 2.0 Btu/ ft2-sec on the cold side of the insulation materials must meet the flame this 30-second duration. The average heat propagation requirements of § 25.856 of flux should be 16.0 +/¥0.8 Btu/ft2 sec. specimens at a point 12 inches from the face (5) Position the thermocouple rake in front of the test rig. this chapter, effective [insert final rule of the burner. After checking for proper effective date]. alignment, rotate the burner to the warm-up PART 91ÐGENERAL OPERATING AND (2) For airplanes manufactured after position, turn on the blower/motor, igniters FLIGHT RULES [2 years after the effective date of the and fuel flow, and light the burner. Allow it final rule], thermal/acoustic insulation to warm up for a period of 2 minutes. Move 6–8. The authority citation for part 91 materials must meet the flame the burner into the test position and allow 1 continues to read as follows: propagation requirements of § 25.856 of minute for thermocouple stabilization, then Authority: 49 U.S.C. 106(g), 40103, 40113, this chapter, effective [insert final rule record the temperature of each of the 7 40120, 44101, 44111, 44701, 44709, 44711, thermocouples once every second for a effective date]. 44712, 44715, 44716, 44717, 44722, 46306, period of 30 seconds. Turn off burner, rotate (3) For airplanes manufactured after 46315, 46316, 46502, 46504, 46506–46507, out of position, and allow to cool. Calculate [4 years after the effective date of the 47122, 47508, 47528–47531. the average temperature of each final rule], thermal/acoustic insulation thermocouple over this 30-second period and 9. Amend § 91.613 by redesignating materials must meet the flame record. The average temperature of each of the existing text as paragraph (a), and penetration resistance requirements of the 7 thermocouples should be 1900°F +/ § 25.856 of this chapter, effective [insert ¥ ° adding paragraph (b) to read as follows: 100 F. final rule effective date]. (6) If either the heat flux or the § 91.613 Materials for compartment temperatures are not within the specified interiors. PART 125ÐCERTIFICATION AND range, adjust the burner intake air velocity OPERATIONS: AIRPLANES HAVING A and repeat the procedures of paragraphs (4) * * * * * and (5) above to obtain the proper values. (b) Thermal/acoustic insulation SEATING CAPACITY OF 20 OR MORE Ensure that the inlet air velocity is within the materials. For transport category PASSENGERS OR A MAXIMUM ¥ range of 2150 ft/min +/ 50 ft/min. airplanes type certificated after January PAYLOAD CAPACITY OF 6,000 (7) Calibrate prior to each test until 1, 1958: POUNDS OR MORE consistency has been demonstrated. After consistency has been confirmed, several tests (1) For airplanes manufactured before 12. The authority citation for part 125 may be conducted with calibration [2 years after the effective date of the continues to read as follows: conducted before and after a series of tests. final rule], when thermal/acoustic Authority: : 49 U.S.C. 106(g), 40113, (f) Test procedure. (1) Secure the two insulation materials are installed as 44701–44702, 44705, 44710–44711, 44713, insulation blanket test specimens to the test replacements after [2 years after the 44716–44717, 44722. frame. The insulation blankets should be effective date of the final rule], those attached to the test rig center vertical former 13. Amend § 125.113 by adding materials must meet the flame using four spring clamps positioned as paragraph (c) to read as follows: shown in figure 7 (according to the criteria propagation requirements of § 25.856 of of paragraph (c)(4) or (c)(4)(i) of this part of this chapter, effective [insert final rule § 125.113 Cabin interiors. this appendix). effective date]. * * * * * (2) Ensure that the vertical plane of the (2) For airplanes manufactured after (c) Thermal/acoustic insulation ¥ burner cone is at a distance of 4 +/ 0.125 [2 years after the effective date of the materials. For transport category inch from the outer surface of the horizontal final rule], thermal/acoustic insulation stringers of the test specimen frame, and that airplanes type certificated after January the burner and test frame are both situated materials must meet the flame 1, 1958: at a 30° angle with respect to vertical. propagation requirements of § 25.856 of (1) For airplanes manufactured before (3) When ready to begin the test, direct the this chapter, effective [insert final rule [2 years after the effective date of the burner away from the test position to the effective date]. final rule], when thermal/acoustic
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Part III
Department of Commerce Patent and Trademark Office
37 CFR Parts 1 and 5 Changes To Implement Eighteen-Month Publication of Patent Applications; Final Rule
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DEPARTMENT OF COMMERCE 4508 (Subtitle E, Domestic Publication country, or under a multilateral of Patent Applications Published international agreement, that requires Patent and Trademark Office Abroad) of the American Inventors eighteen-month publication, the Protection Act of 1999. These provisions application is subject to eighteen-month 37 CFR Parts 1 and 5 of the American Inventors Protection publication. See 35 U.S.C. RIN 0651±AB05 Act of 1999 provide that, with certain 122(b)(2)(B)(i)–(iv). exceptions, applications for patent shall Third: If an applicant has filed Changes to Implement Eighteen-Month be published promptly after the applications in one or more foreign Publication of Patent Applications expiration of a period of eighteen countries, directly or through a months from the earliest filing date for multilateral international agreement, AGENCY: United States Patent and which a benefit is sought under title 35, and such foreign-filed applications or Trademark Office, Commerce. United States Code (‘‘eighteen-month the description of the invention in such ACTION: Final rule. publication’’). foreign-filed applications is less Section 4502 of the American extensive than the application or SUMMARY: The United States Patent and Inventors Protection Act of 1999 description of the invention in the Trademark Office (Office) is revising the amends 35 U.S.C. 122 (35 U.S.C. 122(b)) application filed in the Office, the rules of practice in patent cases to to provide that applications for patent applicant may submit a redacted copy of implement certain provisions of the shall be published promptly after the the application filed in the Office American Inventors Protection Act of expiration of a period of eighteen eliminating any part or description of 1999. These provisions of the American months from the earliest filing date for the invention in such application that is Inventors Protection Act of 1999 which a benefit is sought under title 35, not also contained in any of the provide, with certain exceptions, for the United States Code, and that an corresponding applications filed in a publication of pending patent application may be published earlier foreign country. If the redacted copy of applications (other than design than the end of such eighteen-month the application is received within applications) at eighteen months from period at the request of the applicant. sixteen months after the earliest filing the earliest claimed priority date. Section 4502 of the American Inventors date for which a benefit is sought under DATES: Effective Date: November 29, Protection Act of 1999 (35 U.S.C. 122(b)) title 35, United States Code, the Office 2000. also contains a number of exceptions to may publish only the redacted copy of Applicability Date: Sections 1.103(d), eighteen-month publication of patent the application. See 35 U.S.C. 1.211, 1.213, 1.215, 1.217, 1.219, and applications. 122(b)(2)(B)(v). 1.221, and the changes to §§ 1.14, 1.55, First: An application shall not be Section 4503(a) of the American 1.72, 1.78, 1.85, 1.99, 1.137, 1.138, and published if it is: (1) No longer pending; Inventors Protection Act of 1999 1.311, apply to any patent application (2) subject to a secrecy order under 35 amends 35 U.S.C. 119(b) to provide that filed on or after November 29, 2000, and U.S.C. 181 or an application for which no application for patent shall be to any patent application in which publication or disclosure would be entitled to a right of priority under 35 applicant requests voluntary detrimental to national security; (3) a U.S.C. 119(a)–(d) unless a claim is filed publication. provisional application under 35 U.S.C. in the Office, identifying the foreign FOR FURTHER INFORMATION CONTACT: 111(b); or (4) an application for a design application by specifying the Concerning this final rule: Robert W. patent under 35 U.S.C. chapter 16. See application number of that foreign Bahr, Karin L. Tyson, or Robert A. 35 U.S.C. 122(b)(2)(A) and (d). application, the intellectual property Second: An application shall not be authority or country in or for which the Clarke by telephone at (703) 308–6906, published if an applicant makes a application was filed, and the date of or by mail addressed to: Box request upon filing, certifying that the filing the application, at such time Comments—Patents, Assistant invention disclosed in the application during the pendency of the application Commissioner for Patents, Washington, has not and will not be the subject of an as required by the Office. Section D.C. 20231, or by facsimile to (703) 872– application filed in another country, or 4503(a) of the American Inventors 9411, marked to the attention of Robert under a multilateral international Protection Act of 1999 also amends 35 W. Bahr. agreement, that requires eighteen-month U.S.C. 119(b) to provide that the Office Concerning the electronic filing publication. An applicant may rescind may consider the failure of the applicant system (EFS): Jay Lucas or Michael such a request at any time. In addition, to timely file a claim for priority as a Lewis by electronic mail message via an applicant who has made such a waiver of any such claim, and may the Internet addressed to request but who subsequently files an establish procedures, including the [email protected]. application directed to the invention payment of a surcharge, to accept an SUPPLEMENTARY INFORMATION: The disclosed in the application filed in the unintentionally delayed claim under 35 American Inventors Protection Act of Office in a foreign country, or under a U.S.C. 119(b)–(d). Section 4503(a) of the 1999 (Title IV of the Intellectual multilateral international agreement, American Inventors Protection Act of Property and Communications Omnibus that requires eighteen-month 1999 also amends 35 U.S.C. 119(b) to Reform Act of 1999 (S. 1948) as publication, must notify the Office of authorize the Office to determine introduced in the 106th Congress on such filing within forty-five days after whether to require a certified copy of November 17, 1999) was incorporated the date of the filing of such foreign or the original foreign application. and enacted into law on November 29, international application. An Section 4503(b)(1) of the American 1999, by section 1000(a)(9), Division B, applicant’s failure to timely provide Inventors Protection Act of 1999 of Public Law 106–113, 113 Stat. 1501 such a notice to the Office will result in amends 35 U.S.C. 120 to provide that no (1999). The American Inventors abandonment of the application (subject application shall be entitled to the Protection Act of 1999 contains a to revival if it is shown that the delay benefit of an earlier filed application number of changes to title 35, United in submitting the notice was under 35 U.S.C. 120 unless an States Code. This notice revises the unintentional). If an applicant rescinds amendment containing the specific rules of practice to implement the such a request or notifies the Office that reference to the earlier filed application provisions of sections 4501 through an application was filed in a foreign is submitted at such time during the
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Section 4503(b)(1) of the Sections 1.55 and 1.78 implement these international applications filed under 35 American Inventors Protection Act of amendments to 35 U.S.C. 119 and 120 U.S.C. 363 on or after November 29, 1999 also amends 35 U.S.C. 120 to by specifying time periods during the 2000. provide that the Office may consider the pendency of the application within The Office published a notice failure to submit such an amendment which claims under 35 U.S.C. 119(a)– proposing changes to the rules of within that time period as a waiver of (d), 119(e), and 120 must be stated or are practice to implement the provisions of any benefit under 35 U.S.C. 120, and considered waived. 35 U.S.C. 119(b), §§ 4501 through 4508 (Subtitle E, may establish procedures, including the 119(e), and 120 each provide that the Domestic Publication of Patent payment of a surcharge, to accept an Office may establish procedures to Applications Published Abroad) of the unintentionally delayed submission of accept an unintentionally delayed American Inventors Protection Act of an amendment under 35 U.S.C. 120. submission of a claim under 35 U.S.C. 1999. See Changes to Implement Section 4503(b)(2) of the American 119(b), 119(e), or 120 (respectively); Eighteen-Month Publication of Patent Inventors Protection Act of 1999 however, 35 U.S.C. 119(e) requires that Applications, Notice of Proposed amends 35 U.S.C. 119(e) to provide that such unintentionally delayed claim Rulemaking, 65 FR 17946 (Apr. 5, 2000), no application shall be entitled to the (amendment) be submitted during the 1233 Off. Gaz. Pat. Office 121 (Apr. 25, benefit of an earlier filed provisional pendency of the application. Thus, a 2000) (notice of proposed rulemaking). application under 35 U.S.C. 119(e) claim under 35 U.S.C. 119(a)–(d) or 120 This final rule adopts changes to the unless an amendment containing the for the benefit of a prior application may rules of practice to implement the specific reference to the earlier filed be added (or corrected) in an issued provisions of §§ 4501 through 4508 of provisional application is submitted at patent by reissue or certificate of the American Inventors Protection Act such time during the pendency of the correction (assuming the conditions for of 1999. application as required by the Office. reissue or certificate of correction are The Office’s planning approach to Section 4503(b)(2) of the American otherwise met) by submitting such eighteen-month publication includes: Inventors Protection Act of 1999 also untimely claim under the procedures (1) Disseminating a publication amends 35 U.S.C. 119(e) to provide that established in § 1.55 or § 1.78 (including document (patent application the Office may consider the failure to payment of any applicable surcharge). A publication) for each published submit such an amendment within that claim under 35 U.S.C. 119(e) for the application; and (2) providing (under time period as a waiver of any benefit benefit of a prior provisional conditions set forth below) any member under 35 U.S.C. 119(e), and the Office application, however, must be added or of the public with access to the file may establish procedures, including the corrected during the pendency of the wrapper and contents of each published payment of a surcharge, to accept an application. application (which may be limited to a unintentionally delayed submission of Section 4504 of the American copy of the file wrapper and contents of an amendment under 35 U.S.C. 119(e) Inventors Protection Act of 1999 the application). during the pendency of the application. amends 35 U.S.C. 154 to provide that, Patent application publication: The Case law has indicated that, in certain subject to a number of conditions, a patent application publication will instances, priority claims may be patent includes the right to obtain a include a front page containing perfected after issuance. The U.S. Court reasonable royalty during the period information similar to that contained on of Appeals for the District of Columbia beginning on the date of publication of the front page of a patent, and the has held that the equitable or remedial the application for such patent under 35 drawings (if any) and specification provisions of 35 U.S.C. 251 authorize U.S.C. 122(b) (or the date of publication (including claims) of the published patentees to correct or perfect a claim under Patent Cooperation Treaty (PCT) application. To create the patent for priority under 35 U.S.C. 119 in an Article 21(2) of an international application publication, the Office plans issued patent by reissue. See Brenner v. application designating the United to use its Patent Application Capture State of Israel, 400 F.2d 789, 158 USPQ States) and ending on the date the and Review (PACR) system to create an 584 (D.C. Cir. 1968). The U.S. District patent is issued (‘‘provisional rights’’). electronic database (PACR database) Court for the District of Columbia Section 4505 of the American containing: (1) The application papers applied this rationale to permit a Inventors Protection Act of 1999 and drawings deposited on the filing patentee to amend an intermediate amends 35 U.S.C. 102(e) to, inter alia, date of the application; and (2) any abandoned application in a chain of set forth the conditions under which an subsequently filed application papers applications for which a benefit was application published under 35 U.S.C. and drawings needed to create the claimed under 35 U.S.C. 120 to include 122(b) or under PCT Article 21(2) is patent application publication. The the specific reference required by 35 prior art as of its filing date. application information contained in U.S.C. 120. See Sampson v. Section 4506 of the American the Office’s PACR database will be used Commissioner, 195 USPQ 136 (D.D.C. Inventors Protection Act of 1999 to create the patent application 1976). In appropriate circumstances, the provides that the Office shall recover publication, unless the applicant Office has permitted patentees to perfect the cost of early publication required by provides a copy of the application via claims under 35 U.S.C. 119, 120, or 121 35 U.S.C. 122(b) by charging a separate the Office’s electronic filing system in an issued patent by certificate of publication fee after a notice of (EFS) to be used to create the patent correction under 35 U.S.C. 255 and allowance is given under 35 U.S.C. 151. application publication (discussed § 1.323. See In re Schuurs, 218 USPQ Section 4508 of the American below). 443 (Comm’r Pat. 1983); In re Lambrech, Inventors Protection Act of 1999 The Office currently uses the PACR 202 USPQ 620 (Comm’r Pat. 1976); In re provides that its eighteen-month database as the Office’s record of the Van Esdonk, 187 USPQ 671 (Comm’r publication provisions take effect on application papers submitted on the Pat. 1975). November 29, 2000, and apply to filing date of the application (i.e., the The amendments to 35 U.S.C. 119 and applications (other than for a design original disclosure of the invention). 120 provide that the Office may patent) filed under 35 U.S.C. 111(a) on The application papers submitted on the consider the failure of the applicant to or after November 29, 2000, and to filing date of the application, however, file a timely claim under 35 U.S.C. 119 applications in compliance with 35 may not include the content needed
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(e.g., an abstract), and the application that appears to omit a portion of the As discussed above, the Office must papers or drawings may not be of description or a drawing figure is set consider not only whether drawings are sufficient quality (e.g., papers not forth in sections 601.01(d) through of sufficient quality to create a having sufficient contrast to permit 601.01(g) of the Manual of Patent publication (the patent application electronic capture by digital imaging Examining Procedure (7th ed. 1998) publication), but whether they are and conversion to text by optical (Rev. 1, Feb. 2000) (MPEP). sufficient for the publication to be character recognition or drawings not In addition, an application filed under routinely used as a prior art document. having sufficient quality) to be used to 35 U.S.C. 111(a) must include an Thus, the drawing sheets (if drawings create a patent application publication. executed oath or declaration (§ 1.63), an are included) must comply with the Since the patent application publication abstract (§ 1.72(b)), and an English following requirements of § 1.84. will be a prior art document (and, in translation (if filed in a language other Drawings must be done in dark ink (not most cases, the prior art document than English), for the application to pencil), except where color drawings or having the earliest effective date under have the content necessary to create the photographs are permitted. Photographs 35 U.S.C. 102(a), (b), and (e)), the Office patent application publication. For (or photomicrographs) are not permitted must consider the usability of the patent eighteen-month publication purposes, unless they are reproducible and the application publication as a prior art the oath or declaration must at a invention cannot be clearly illustrated document when determining what minimum: (1) Name each inventor at in an ink drawing. See Interim Waiver drawing quality is needed to create the least by a family and given name; and of 37 CFR § 1.84(b)(1) for Petitions to patent application publication. (2) be signed by each inventor or a party Accept Black and White Photographs If the application papers submitted on qualified to sign under §§ 1.42, 1.43, or and Advance Notice of Change to the filing date of the application do not 1.47 in compliance with § 1.64. Finally, M.P.E.P. § 608.02, Notice, 1213 Off. Gaz. include the content needed, or the an application filed under 35 U.S.C. Pat. Office 108 (Aug. 4, 1998). Drawing application papers or drawings are not 111(a) will not be published until the sheets must be reasonably free from of sufficient quality to be used, to create basic filing fee (§ 1.16(a) or (g)) is paid. erasures and must be free from a patent application publication, the A PCT international application must alterations, overwritings, Office of Initial Patent Examination satisfy the requirements of 35 U.S.C. 371 interlineations, folds, and copy marks. (OIPE) will issue a notice requiring that to be subject to eighteen-month Drawing sheets must be either 21.0 cm the applicant submit the needed publication under 35 U.S.C. 122(b) (and by 29.7 cm (DIN size A4) or 21.6 cm by application content, or application 1 2 to have the content necessary to create 27.9 cm (8 ⁄ by 11 inches). Each papers or drawings of sufficient quality, the patent application publication). drawing sheet must include a top for use in creating a patent application margin of at least 2.5 cm (1 inch), a left Even if an application has the content publication. The applicant’s reply to side margin of at least 2.5 cm (1 inch), necessary to create the patent that notice (application papers and a right side margin of at least 1.5 cm (5⁄8 application publication, the application drawings needed to create the patent inch), and a bottom margin of at least papers and drawings must also be application publication) will then be 1.0 cm (3⁄8 inch). Lines, numbers, and reviewed to determine whether they are added to the PACR database. The Office letters must be clean, dark (not of poor must separate the application papers of sufficient quality to be used in line quality), uniformly thick, and well and drawings deposited on the filing creating the patent application defined. The English alphabet must be date of the application and the publication. To be of sufficient quality used for letters, except where another subsequently filed application papers to create the patent application alphabet is customarily used (such as and drawings in its PACR database publication, the specification must be the Greek alphabet to indicate angles, because the PACR database is also used on sheets of paper that: (1) Are flexible, wavelengths, and mathematical to create any requested certified copy of strong, smooth, non-shiny, durable, and × formulas). Numbers, letters, and the application (which may only white; (2) are either A4 (21 cm 29.7 reference characters must measure at cm) or 81⁄2″ × 11″ with each sheet having include the application papers and 1 8 ″ least 0.32 cm ( ⁄ inch) in height. Lead drawings deposited on the filing date of a left margin of at least 2.5 cm (1 ) and lines are required for each reference the application). top, bottom, and right margins of at least character (except for those which 3 ″ Initially, an application filed under 35 2.0 cm ( ⁄4 ); (3) are written on one side indicate the surface or cross section on U.S.C. 111(a) (nonprovisional) must be only in portrait orientation; (4) are which they are placed, in which case entitled to a filing date (i.e., contains a plainly and legibly written either by a the reference character must be written description of the invention, a typewriter or machine printer in underlined to make it clear that a lead drawing (if necessary for an permanent dark ink or its equivalent; (5) line has not been left out by mistake). understanding of the invention), and at have lines that are either 11⁄2 or double- The drawing views must also be least one claim) for the application to be spaced; and (6) have sufficient clarity numbered in consecutive Arabic in condition for publication. In and contrast between the paper and the numerals, starting with 1. addition, if an application filed under writing on the paper to permit direct Finally, the specification (including 35 U.S.C. 111(a) otherwise entitled to a reproduction and electronic capture by the claims) must not contain drawings filing date appears to omit a portion of digital imaging and optical character or flow diagrams. See § 1.58(a). the description or a drawing figure, the recognition. These quality standards In September of 1996, the Office omitted portion of the description or and requirements are currently set forth revised the standard and format drawing figure(s) must be supplied, or in § 1.52(a) and (b). In addition, the title requirements for the specification the period for supplying such portion of must meet the length requirement of (including the abstract and claims), the description or drawing figure(s) § 1.72(a); the abstract must commence drawings, and other application papers must have expired, for the application on a separate sheet and meet the word- set forth in § 1.52 and § 1.84 for the to be in condition for publication. The length requirement of § 1.72(b); the purpose of obtaining initial application requirements for an application filed claims must commence on a separate papers in condition for eighteen-month under 35 U.S.C. 111(a) to be entitled to sheet; and the sequence listing (if publication. See Miscellaneous Changes a filing date and the treatment of an applicable) must comply with §§ 1.821 in Patent Practice, Final Rule Notice, 61 application filed under 35 U.S.C. 111(a) through 1.825. FR 42790 (Aug. 19, 1996), 1190 Off. Gaz.
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Pat. Office 67 (Sept. 17, 1996). customer number, and also request a The authoring tool displays a template Applicants are advised that the Office digital certificate. Instructions on how on applicant’s computer screen listing will: (1) Begin enforcement of the to obtain the necessary digital certificate all of the data elements that should be provisions of § 1.52(a) and (b) and § 1.84 are located at the Office’s Electronic in a patent application (according to the during the pre-examination processing Business Center on the Office’s Internet Office’s DTD). The applicant clicks in of patent applications; and (2) not Web site (http://www.uspto.gov) (under the desired data element and types permit applicants to request that the section Electronic Business Center, information into the template. For objections under § 1.52(a) and (b) and select New User for the PAIR system). example, the applicant clicks the data § 1.84 made during the pre-examination The Office makes its branded version element ‘‘TITLE’’ and types ‘‘MAKING processing of a patent application be of the security software product called A WIDGIT’’ into the template. The held in abeyance pending allowance of Entrust Direct software available to authoring tool will add the tags, the application. authorized persons. The software paragraph numbers, and other elements As discussed below, if applicant operates in conjunction with an Office that are required by XML. The applicant timely provides the Office with a copy Public Key Infrastructure (PKI) that is can continue through this whole process of the application via the Office secure and enables communication only adding the required information to each electronic filing system, the Office will between the Office and authorized of the data elements in the template use the electronic copy provided by the persons who are registered with the until the application is fully authored. applicant (rather than the PACR Office. The applicant can also use the database records) to create the patent A person signing up for EFS authoring tool to ‘‘cut and paste’’ a application publication. Applicants may application filing receives a package previously written application into the use this procedure to obtain inclusion of with his or her digital certificate proper format. In this mode, the amendments submitted during including: (1) the software that will applicant will open up that written prosecution in the patent application attach a digital signature to a document application, and also open up the publication. Applicants must use this or set of documents; (2) an authoring authoring tool template to reveal the procedure when requesting: (1) tool that will allow the applicant to data elements. When the applicant Voluntary publication of an application; convert a standard patent application clicks in the data element, the applicant (2) republication of a previously into a specialized format; and (3) the will copy the relevant section from the published application; or (3) publication electronic Packaging and Validation previously written application and paste of only a redacted copy of an Engine (ePave) program that will that section into the template (for application. assemble the parts of the application, tagging by the authoring tool). Electronic filing system: The validate that the parts are complete, Paper copies of the oath or declaration electronic filing system (EFS) is an encrypt and digitally sign them, and (§ 1.63), drawings, and certain other electronic system for the submission of then send them to the Office. documents are scanned on the patent applications to the Office. The The applicant is responsible for EFS encompasses the preparation of the applicant’s digital scanner and stored in correctly authoring the electronic tagged image file format (TIFF). The application parts in a special manner on application, which is defined as the applicant’s computer (authoring), TIFF is not tagged by the authoring tool, reformatting the application into a form but is similar to an electronic the assembling of the pieces of the that complies with the requirements of application so authored, and the secure photograph. XML (the standard eXtensible Markup Using either mode, the applicant will communication of that application to Language of Internet authoring). The the Office. The same EFS software must produce a copy of the application in XML requires that all the pieces of compliance with the Office EFS, be used by applicants who wish to information in the application (e.g., the submit a copy of the application for the including a specification and claims (in inventor’s name, title of the invention, XML), an oath or declaration (in TIFF), patent application publication. and the claims) are tagged with standard The steps for submission of an and drawings (also in TIFF). XML named tags before and after each electronic version of a patent Once the various parts of the piece of information. For example, XML application are as follows: (1) Obtaining application are prepared, the applicant could require that the title be tagged: a digital certificate; (2) obtaining the will use the software tool ePave to authoring and the submission-software MAKING A WIDGIT application to the Office. The ePave the patent application; and (4) The tagged information, in turn, is software interacts with the applicant to assembling the parts of the application, ordered and positioned on the fill out an electronic transmittal and fee and validating, digitally signing, and submitted document according to the information letter. This document is submitting the application. formula for that document in the developed in the tagged XML format. To file a copy of an application using document type definition (DTD). The The applicant then uses the ePave the EFS, an applicant (or representative) DTD contains a list of all the tagged data software to associate these documents must submit a request and receive an elements (pieces of information) that with the previously produced Office digital certificate to enable secure should be on that document, and the application. communication between the applicant relative positioning of the elements. This association of the related files to and the Office. A digital certificate will When combined with the document’s be submitted is called bundling. The allow the authorized person to conduct style sheet (which contains formatting bundle of files that will be sent to the electronic filing of one or more information), the DTD will completely Office will be compressed using Zip applications, as well as have access to define what the document should technology to reduce their size. Then the Office’s Patent Application contain and, when printed or viewed, ePave will apply the digital signature to Information Retrieval (PAIR) software to what it will look like. the compressed bundle, to indicate who display patent application status The applicant does the authoring is sending the package to the Office, and information. using the software authoring tool given check the file’s integrity. The digital The digital certificate is given to to him or her by the Office and signature process also encrypts the individuals and firms that obtain a operating on the applicant’s computer. bundle, for safety during transmission.
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The authoring tool and ePave software filed sequence listing (rather than application claims the benefit under 35 on the applicant’s computer perform all include a copy of the sequence listing) U.S.C. 120 of an application filed more of this activity almost invisibly. The will increase the chance for errors in the than eighteen months before the actual applicant must enter a password to sequence listing included in the patent filing date of the application; (2) the apply the digital signature, and the application publication. Thus, the basic filing fee or oath (or declaration) software will finish processing the Office is requiring that if a copy of an is not provided within eighteen months application for submission to the Office. application being submitted to the after the earliest filing date for which a During the processing of a copy of an Office for eighteen-month publication benefit is sought; or (3) the application application for submission to the Office purposes contains a sequence listing, does not contain papers or drawings of for use in a patent application the EFS copy of the application must publication quality within eighteen publication, the applicant will be contain a text file copy of the sequence months after the earliest filing date for advised that the application of a digital listing that if printed out on paper which a benefit is sought. In such signature constitutes a statement that would be in compliance with § 1.823. situations, the publication date of an the EFS copy of the application contains Finally, if the file containing a copy application will be the first Thursday no new matter, and, except for a of an application being submitted to the after the date that is fourteen weeks after redacted copy of an application (which Office for eighteen-month publication the application is in condition for requires the concurrent submission of purposes occupies ten megabytes of publication. Applicants who attempt to other certifications on paper), that the memory or more, the copy of the delay publication by intentionally EFS copy of the application corresponds application should be submitted on a delaying the submission of the to the application as amended by any Compact Disk-Read Only Memory (CD– application content necessary for amendment filed in the application. ROM) or Compact Disk-Recordable (CD– publication, however, may encounter a When processing is finished, the R). The CD–ROM or CD–R containing reduction in any patent term adjustment software will ask the applicant if the list the copy of the application should be under 35 U.S.C. 154(b) (see 35 U.S.C. of displayed files should be sent to the addressed to: Box PGPub. 154(b)(2)(C)(ii) and § 1.704(b)). Office. The applicant will click or While the Office is using EFS for both The Office plans to indicate a otherwise express his or her new application filing and submission projected publication date on the filing concurrence, and the EFS application of a copy of a previously filed receipt or indicate ‘‘to be determined’’ if files are electronically transmitted to the application for publication purposes, an the application is not in condition for Office. EFS submission of a copy of an publication. If events change the On receipt of the bundle of files application for publication purposes projected publication date by more than comprising the application, the Office will be different from the EFS two weeks (e.g., claim for priority under stores the bundle and takes it apart. The submission of a new application. For 35 U.S.C. 119(e) presented after mailing bundle is decrypted, the digital example, the EFS submission of a copy of the filing receipt) or the application signature is checked, and the integrity of of an application for publication content necessary for publication is the package is confirmed. In the course purposes will not require an oath or provided, the Office will issue a change of events, the Office sends an declaration (in TIFF). In addition, the notification indicating the revised acknowledgment back to the applicant’s acknowledgment receipts issued by the projected publication date. computer providing the date and time of Office will be different for the EFS The publication process involves submission, the names and sizes of the submission of a copy of an application producing weekly volumes of patent files received, and other information to for publication purposes than it will be application publications on a variety of confirm the submission. for the EFS submission of a new media: e.g., the Office’s Examiner Obviously, an application submitted application. Automated Search Tool (EAST) and via EFS cannot include a payment by Publication process: The current Web-based Examiner Search Tool check or money order. Therefore, any planning approach involves a fourteen- (WEST) search systems, optical disk publication fee or processing fee week publication cycle that results in products for sale to the public, and required for a copy of an application the publication of patent application exchange with the Office’s Intellectual submitted via EFS for use in the patent publications on Thursday of each week. Property exchange partners. Patent application publication must be paid by Ideally, the publication date of an application publications will be an authorization to charge the fee to a application will be the first Thursday available for viewing by the public in credit card or Office deposit account. after the date that is eighteen months the Public Search Room via an on-line The Office originally indicated that if after the filing date of the application, search system. The Office does not plan a copy of an application being or if the application claims the benefit to provide paper copies of the patent submitted to the Office for eighteen- of an earlier filing date, the first application publications for placement month publication purposes contains a Thursday after the date that is eighteen in either the Public Search Room or the sequence listing, and the sequence months after the earliest filing date for examiners’ search rooms. The Office, listing is identical to a sequence listing which a benefit is sought. An however, will provide paper copies of previously submitted to the Office in application, however, may not be the patent application publications to compliance with §§ 1.821 through published the first Thursday after the any member of the public on request 1.825, the EFS copy of the application date that is eighteen months after the (for a fee) in the manner that paper may contain a reference to the earliest filing date for which a benefit is copies of patents are currently provided. previously filed sequence listing in lieu sought if the application is not in The publication process provides for: of a copy of the previously filed condition for publication approximately (1) Assembly of application sequence listing. See Changes to fourteen months after the earliest filing bibliographic information for the patent Implement Eighteen-Month Publication date for which a benefit is sought application publication at fourteen of Patent Applications, 65 FR at 17950, (eighteen months less the fourteen-week weeks prior to the projected publication 1233 Off. Gaz. Pat. Office at 124. The publication cycle). date; (2) assembly of the technical Office, however, has determined that Obviously, there are events that will content (specification, including claims permitting an EFS copy of an delay publication of some applications and abstract, and drawings) of the application to reference a previously until a later date: e.g., (1) The application for the patent application
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations 57029 publication at nine weeks prior to the published applications to obtaining a United States Patent and Trademark projected publication date; and (3) copy produced by the Office (for a fee) Office that are open to the public, and placement of the application to avoid conferring patent term of which a copy (certified or uncertified) information as assembled into the adjustment on the applicant due to will be furnished (upon payment of the patent application publication on actions by members of the public. appropriate fee). publication media (e.g., optical disks, Section 4805 of the American Section 1.14: Section 1.14(a) is magnetic tape) at four weeks prior to the Inventors Protection Act of 1999 amended to generally maintain the projected publication date. provides that the Comptroller General confidentiality of applications that have Any applicant seeking to abandon the (in consultation with the Office) shall not been published as a U.S. patent application for the purpose of avoiding conduct a study and submit a report to application publication (see 35 U.S.C. publication must take appropriate Congress on the potential risks to the 122(b)) pursuant to 35 U.S.C. 122(a). action (see § 1.138 discussed below) United States biotechnology industry Status information is defined to include well prior to the projected publication relating to biological deposits in support identification of whether the application date. If the application is not expressly of biotechnology patents, and that the has been published under 35 U.S.C. abandoned at least four weeks prior to Office shall consider the 122(b), as well as whether the the projected publication date, the recommendations of such study in application is pending, abandoned, or Office will probably not be able to avoid drafting regulations affecting biological patented, and the application numerical publication of the application or at least deposits (including any modification of identifier. some application information because § 1.801 et seq.). Therefore, this notice Section 1.14(b) is amended to provide the Office will place the application does not contain any amendment to that status information may also be (along with the thousands of other § 1.801 et seq. concerning the treatment supplied when the application is applications being published each of biological deposits in applications referred to by its numerical identifier in week) on publication media (e.g., subject to eighteen-month publication. a U.S. patent application publication as optical disks, magnetic tape) four weeks Section 4732 of the American well as a U.S. patent or a published prior to the projected date. This does Inventors Protection Act of 1999 international application. Section not imply that a request to expressly changed (among other things) the title 1.14(b) is also amended to provide that abandon an application to avoid ‘‘Commissioner’’ to ‘‘Director.’’ The title status information may be supplied for publication (§ 1.138) filed prior to this ‘‘Commissioner,’’ however, is not being an application which claims the benefit ‘‘four-week’’ time frame will ensure that changed to ‘‘Director’’ where it appears of the filing date of an application for the Office will be able to remove an in the rules of practice involved in this which status information may be application from publication. The Office final rule because legislation is pending supplied. As a result, the public will be simply cannot ensure that it can remove before Congress that (if enacted) would able to obtain continuity data for an application from publication or avoid restore the former title ‘‘Commissioner.’’ applications that have been published publication of application information See Intellectual Property Technical as a U.S. patent application publication any time after the publication process Amendments Act of 2000, H.R. 4870, or as a U.S. patent. for the application is initiated. 106th Cong. (2000). Section 1.14(c)(1) provides that a copy Access to the file wrapper and of an application-as-filed or a file contents of a published application: The Discussion of Specific Rules wrapper and contents may be supplied Office plans to permit: (1) Any member Title 37 of the Code of Federal where the appropriate fee is paid, and: of the public to obtain (for a fee) a copy Regulations, Parts 1 and 5, are amended (1) The application is incorporated by of the complete file wrapper and as follows: reference in a U.S. patent application contents of, or a copy of a specific paper Section 1.9: Section 1.9(c) is amended publication or U.S. patent; or (2) the in, any published application, provided to define a published application as application is relied upon for priority that no redacted copy was timely used in 37 CFR chapter I to mean an under 35 U.S.C. 119(e) or 120 in a U.S. submitted for publication; (2) any application for patent which has been patent application publication or U.S. member of the public to obtain (for a published under 35 U.S.C. 122(b). patent. fee) an appropriately redacted copy of Section 1.11: Section 1.11(a) is Section 1.14(c)(2) provides that copies the file wrapper and contents of, or a amended to include the file of an of the file wrapper and contents of an copy of a specific paper in, any abandoned published application application are available to the public published application for which a (except if a redacted copy of the when the application has been redacted copy was timely submitted for application was used for the patent published as a U.S. patent application publication; and (3) any member of the application publication) among the files publication. public to physically inspect (subject to that are open to inspection by the Section 1.14(e) is amended to provide the same conditions that apply to public. public access to an abandoned inspection of patented files) the file of Section 1.12: Section 1.12(a)(1) is application that is referenced in a U.S. any abandoned published application, amended to include the assignment patent application publication, as well provided that no redacted copy was records of a published patent as a U.S. patent, or another application timely submitted for publication. application among the patent that is open to public inspection. Any member of the public may obtain assignment records that are available to Section 1.14(i) provides for greater status information concerning any the public. Section 1.12(b) is amended access to international application files published application via the Office’s to provide that the patent assignment kept by the Office and applies to PAIR system. Permitting physical records, digests, and indexes are applications having an international inspection of pending published available to the public unless they relate filing date on or after November 29, applications, however, would interfere to pending or abandoned patent 2000. Specifically, 35 U.S.C. 374 with the Office’s ability to act on the applications that have not been equates the publication under the PCT applications within the time frames set published under 35 U.S.C. 122(b). of an international application forth in 35 U.S.C. 154(b)(1)(A) and (B). Section 1.13: Section 1.13 is amended designating the U.S. to the publication Thus, the Office must limit public to include patent application of a U.S. application under 35 U.S.C. access to the file wrapper of pending publications among the records of the 122(b). After publication of an
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 57030 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations application under 35 U.S.C. 122(b), the terminated reexamination proceeding Section 1.52(d)(2) provides that if a Office will make available copies of the (on the basis of unavoidable and provisional application is filed in a application files and also allow for unintentional delay). Section 1.17(l) is language other than English, an English access to those files in accordance with amended to reflect that its $110 petition translation will not be required in the § 1.14(c) and (e), respectively. Therefore, fee ($55 for a small entity) is required provisional application. Section after publication of an international for a petition under § 1.137(a) to revive 1.52(d)(2) also contains a reference to application designating the U.S. under a terminated reexamination proceeding § 1.78(a) concerning the requirements PCT Article 21, the Office will make on the basis of an unavoidable failure of for claiming the benefit of the filing date available copies of, and allow access to, the patent owner to timely respond. of such a provisional application in a those international application files Section 1.17(m) is amended to reflect later filed nonprovisional application. which are kept in the Office (the Home, that its $1,240 petition fee ($620 for a Section 1.55: Section 1.55 is amended Search, and Examination Copies) to the small entity) is required for a petition to implement the provisions of 35 extent permitted under the PCT. under § 1.137(b) to revive a terminated U.S.C. 119(b) as amended by section Additionally, § 1.14(i)(2) provides that reexamination proceeding on the basis 4503(a) of the American Inventors copies of English language translations of an unintentional failure to timely Protection Act of 1999, by providing: (1) of international applications, which respond. Note, however, that the newly A time period within which a claim for were published in a non-English enacted unintentional revival provisions the benefit of a prior foreign application language and which designated the U.S., of the American Inventors Protection must be stated or waived; and (2) and which have been submitted to the Act of 1999 are not effective in any provisions for the acceptance of an Office pursuant to 35 U.S.C. 154(d)(4), reexamination until November 29, 2000. unintentionally delayed submission of a will also be available to the public. Section 1.17(p) is amended to make claim to the benefit of a prior foreign Requests for copies of, or access to, an its fee ($180) applicable to a third-party application. application file under § 1.14(i) must be submission under § 1.99, as well as an Section 1.55(a) is amended to provide in the form of a written request and information disclosure statement under that: (1) In an original application filed must include a showing that the § 1.97(c) or (d). under 35 U.S.C. 111(a) (other than a international application has been Section 1.17(t) is added to set forth design application), the claim for published and that the U.S. was the surcharge ($1,240) for accepting an priority must be presented during the designated. Such a showing should unintentionally delayed claim for pendency of the application, and within preferably be in the form of the priority under 35 U.S.C. 119, 120, 121, the later of four months from the actual submission of a copy of the front page or 365(a) or 365(c) (§§ 1.55 and 1.78). filing date of the application or sixteen of the published international Section 1.18: Section 1.18(d) is added months from the filing date of the prior application. Additionally, requests for to specify the publication fee ($300). In foreign application; (2) in an application copies of international application files view of this addition to § 1.18, the that entered the national stage from an must also be accompanied by the heading of § 1.18 is also amended to international application after appropriate fee. refer to ‘‘post-allowance (including compliance with 35 U.S.C. 371, the Section 1.14(j) is amended to provide issue) fees’’ (instead of only ‘‘issue claim for priority must be made during that this section not only applies when fees’’). the pendency of the application and the Office provides access to or copies Section 1.19: Section 1.19(a) is within the time limit set forth in the of the application, but also when the amended to provide that its $3 (regular PCT and the Regulations under the PCT; Office provides access to or copies of a service), $6 (next business day delivery and (3) the claim for priority and the part of an application. to Office Box), or $25 (expedited certified copy of the foreign application Section 1.17: The heading of § 1.17 is delivery by commercial delivery specified in 35 U.S.C. 119(b) or PCT amended to include a reference to service) fee would also be applicable to Rule 17 must, in any event, be filed reexamination to clarify that the a request for a copy of the paper portion before the patent is granted. enumerated fees in § 1.17 may also of a patent application publication. The Section 1.55(c) provides that any apply during reexamination $25 fee set forth in § 1.19(a)(4) would claim for priority under 35 U.S.C. proceedings, as well as to patent apply to a request for a certified copy of 119(a)–(d) or 365(a) not presented applications. a patent application publication. within the time period provided by Section 1.17(h) is amended to include Section 1.24: Section 1.24 is removed § 1.55(a) is considered to have been a petition under § 1.138(c) to expressly and reserved. The practice of using waived. Section 1.55(c) also provides abandon an application to avoid coupons to purchase, e.g., patents, that if a claim to priority under 35 publication among the petitions statutory invention registrations, and U.S.C. 119(a)–(d) or 365(a) is presented requiring the fee ($130) set forth in trademark registrations, is inefficient after the time period provided by § 1.17(h). compared to alternatives such as § 1.55(a), the claim may be accepted if Section 1.17(i) is amended to include payment by credit card (especially for the claim identifying the prior foreign processing a redacted copy of a paper orders placed via the Internet). Coupons application by specifying its application submitted in the file of an application sold by the Office (before coupon number, country, and the day, month in which a redacted copy was submitted practice is abolished) may still be used and year of its filing was for the patent application publication but cannot be redeemed. unintentionally delayed. Section 1.55(c) (§ 1.217), processing a request for Section 1.52: Section 1.52(d) is also provides that a petition to accept a voluntary publication or republication amended to provide for nonprovisional delayed claim for priority under 35 of an application (§ 1.221), and applications and provisional U.S.C. 119(a)–(d) or 365(a) must be processing a belated submission under applications filed in a language other accompanied by: (1) The surcharge set § 1.99 (§ 1.99(e)) to the processing than English. The provisions concerning forth in § 1.17(t); and (2) a statement services requiring the processing fee the treatment of nonprovisional that the entire delay between the date ($130) set forth in § 1.17(i). applications filed in a language other the claim was due under § 1.55(a)(1) and Sections 1.17(l) and 1.17(m) are than English are revised for clarity, but the date the claim was filed was amended to set forth the fees for filing otherwise remain unchanged unintentional, and that the a petition under § 1.137 for revival of a (§ 1.52(d)(1)). Commissioner may require additional
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations 57031 information where there is a question also provides that the failure to timely the benefit of a provisional application whether the delay was unintentional. submit the reference required by 35 and English language translation of a Section 1.72: Section 1.72(a) is U.S.C. 120 and § 1.78(a)(2) is considered non-English language provisional amended to provide that the title of the a waiver of any benefit under 35 U.S.C. application must be submitted during invention may not exceed 500 120, 121, or 365(c) to such prior the pendency of the nonprovisional characters in length. The title character application, but that the time period set application, and within the later of four number limitation is necessary to ensure forth in § 1.78(a)(2) does not apply to an months from the actual filing date of the that the title can be captured and application for a design patent. nonprovisional application or sixteen recorded in the Office’s Patent Section 1.78(a)(2) also provides that if months from the filing date of the prior Application Locating and Monitoring the application claims the benefit of an provisional application. Section (PALM) system. Section 1.72(a) is also international application, the first 1.78(a)(5) also provides that the failure amended to provide that characters that sentence of the specification must to timely submit the reference and cannot be captured and recorded in the include an indication of whether the English language translation of a non- Office’s automated information systems international application was published English language provisional (e.g., PALM) may not be reflected in the under PCT Article 21(2) in English application required by 35 U.S.C. 119(e) Office’s records in such systems or in (regardless of whether benefit to such and § 1.78(a)(5) is considered a waiver documents created by the Office. Thus, application is claimed in the application of any benefit under 35 U.S.C. 119(e) to if a title includes a character (images) data sheet). such prior provisional application. that cannot be captured by PALM, that Sections 1.78(a)(3) and 1.78(a)(4) are Section 1.78(a)(6) provides that if the title will not appear in the Office’s redesignated as § 1.78(a)(4) and reference or English language PALM records for that application, and 1.78(a)(5), respectively. translation of a non-English language may not be reflected in documents (e.g., Section 1.78(a)(3) provides that if the provisional application required by 35 a filing receipt, patent application reference required by 35 U.S.C. 120 and U.S.C. 119(e) and § 1.78(a)(5) is publication, or patent) created by the § 1.78(a)(2) is presented in a presented in a nonprovisional Office. nonprovisional application after the application after the time period Section 1.76: Section 1.76 is amended time period provided by § 1.78(a)(2), the provided by § 1.78(a)(5), the claim to provide for the inclusion of assignee claim under 35 U.S.C. 120, 121, or under 35 U.S.C. 119(e) for the benefit of information in a new § 1.76(b)(7). 365(c) for the benefit of a prior filed a prior filed provisional application may Section 1.76(b)(7) provides that: (1) copending nonprovisional application be accepted during the pendency of the assignee information includes the name or international application designating nonprovisional application if the (either person or juristic entity) and the United States may be accepted if the reference identifying the prior address of the assignee of the entire reference identifying the prior application by provisional application right, title, and interest in an application by application number or number and any English language application; and (3) the inclusion of this international application number and translation of a non-English language information on the application data international filing date was provisional application were sheet does not substitute for compliance unintentionally delayed. Section unintentionally delayed. Section with any requirement of 37 CFR part 3 1.78(a)(3) also provides that a petition to 1.78(a)(6) also provides that a petition to to have an assignment recorded by the accept an unintentionally delayed claim accept an unintentionally delayed claim Office. Providing assignee information under 35 U.S.C. 120, 121, or 365(c) for under 35 U.S.C. 119(e) for the benefit of on the application data sheet is the benefit of a prior filed copending a prior filed provisional application considered a request to include such application must be accompanied by: (1) must be accompanied by: (1) The information on the patent application The surcharge set forth in § 1.17(t); and surcharge set forth in § 1.17(t); and (2) publication, since there is no other (2) a statement that the entire delay a statement that the entire delay reason for including such information between the date the claim was due between the date the claim was due on the application data sheet. under § 1.78(a)(2) and the date the claim under § 1.78(a)(5) and the date the claim Section 1.78: Section 1.78(a) is was filed was unintentional, but the was filed was unintentional, but that the amended to implement the provisions of Commissioner may require additional Commissioner may require additional 35 U.S.C. 119(e) and 120 as amended by information where there is a question information where there is a question § 4503(b) of the American Inventors whether the delay was unintentional. whether the delay was unintentional. Protection Act of 1999, by providing: (1) Section 1.78(a)(4) is amended to Section 1.84: Section 1.84(a)(2) is A time period within which a claim to provide that, for a nonprovisional amended to provide that color drawings the benefit of a prior nonprovisional or application to claim the benefit of a are not permitted in an application, or provisional application must be stated provisional application, the provisional copy thereof, submitted under the Office or waived; and (2) provisions for the application must be entitled to a filing electronic filing system. Section acceptance of the unintentionally date as set forth in § 1.53(c), and the 1.84(a)(2) is also amended to provide delayed submission of a claim to the basic filing fee set forth in § 1.16(k) must that any petition to accept color benefit of a prior nonprovisional or be paid within the time period set forth drawings must include a black and provisional application. in § 1.53(g). white photocopy that accurately Section 1.78(a)(2) is amended to Section 1.78(a)(5) provides that any depicts, to the extent possible, the provide that (except for a continued nonprovisional application claiming the subject matter shown in the color prosecution application filed under benefit of a provisional application filed drawing. Since § 1.84(b) provides that § 1.53(d)) any claim to the benefit of a in a language other than English must color photographs will be accepted in nonprovisional application or (in addition to the reference required by utility patent applications if the international application must be made 35 U.S.C. 119(e) and § 1.78(a)(5)) conditions for accepting color drawings during the pendency of the application contain an English language translation have been satisfied, the provisions and and within the later of four months from of the non-English language provisional restrictions in amended § 1.84(a)(2) the actual filing date of the application application and a statement that the would also apply to color photographs. or sixteen months from the filing date of translation is accurate. Section Section 1.84(e) is amended to provide the prior application. Section 1.78(a)(2) 1.78(a)(5) also provides any claim for that photographs must be developed on
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 57032 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations paper meeting the sheet-size insist that objections to the drawings be patent or printed publication contained requirements of § 1.84(f) and the margin corrected in all utility and plant in the submission to be pertinent in requirements of § 1.84(g). applications before the application can determining patentability, the examiner Section 1.84(j) is amended to refer to be released from OIPE. will initial that patent or printed the view suitable for the front page of Section 1.85(a) is also amended to publication on the listing of the patents the patent application publication and provide that (except as provided in or publications submitted for patent, rather than the view suitable for § 1.215(c)) any patent application consideration by the Office. Unless, the Official Gazette, since the front page publication will not include drawings however, a patent or publication in a of the patent (and patent application filed after the application has been submission under § 1.99 is discussed publication) includes the information placed on the files for examination. during prosecution, the patent or that is (or would be) included in the Thus, corrected drawings submitted publication will not be deemed to have Official Gazette, and the Office does not after the application has been released been ‘‘considered’’ pursuant to the plan on creating an Official Gazette for from OIPE will not be added to the Office’s Portola guidelines. See patent application publications. Section PACR database or used to create the Guidelines for Reexamination of Cases 1.84(j) is also amended to provide that: patent application publication. in View of In re Portola Packaging, Inc., (1) One of the views should be suitable Section 1.85(a) is also amended to 110 F.3d 786, 42 USPQ2d 1295 (Fed. for inclusion on the front page of the provide that, unless applicant is Cir. 1997), Notice, 64 FR 15346 (Mar. patent application publication and otherwise notified in an Office action, 31, 1999), 1223 Off. Gaz. Pat. Office 124 patent as the illustration of the objections to the drawings in a utility or (June 22, 1999). invention; and (2) applicant may suggest plant application will not be held in Section 1.99(b) provides that a a single view (by figure number) for abeyance, and a request to hold submission under § 1.99 must identify inclusion on the front page of the patent objections to the drawings in abeyance the application to which it is directed application publication and patent. will not be considered a bona fide by application number and include: (1) Applicants should indicate in the attempt to advance the application to The fee set forth in § 1.17(p); (2) a listing application transmittal letter the figure final action (§ 1.135(c)). That is, if an of the patents or publications submitted number of the view suggested for Office action or notice contains an for consideration by the Office inclusion on the front page of the patent objection to the drawings (and does not (including the date of publication of application publication and patent. The expressly permit such objection to be each patent or publication); (3) a copy Office, however, is not bound by held in abeyance) and the applicant’s of each listed patent or publication in applicant’s suggestion. reply does not correct the objection, the written form or at least the pertinent Section 1.85: Section 1.85(a) is applicant will be advised that the reply portions; and (4) an English language amended to provide that a utility or is non-responsive and given the translation of all the necessary and plant application will not be placed on remainder of the period set in the pertinent parts of any non-English the files for examination until objections original Office action or notice (and not language patent or publication in to the drawings have been corrected. As a new period under § 1.135(c)) within written form relied upon. discussed above, these objections will which to correct the objection. Section 1.99(c) provides that a concern deficiencies that must be Since design applications are not submission under § 1.99 must be served corrected for the drawings to be of subject to the eighteen-month upon the applicant in accordance with sufficient quality for use in creating a publication provisions of 35 U.S.C. § 1.248. patent application publication. For 122(b), drawings in a design application Section 1.99(d) provides that a example, the drawings must be will continue to be admitted for submission under § 1.99 may not reproducible and any text in the examination if the drawings meet the include any explanation of the patents drawings must be in the English requirements of § 1.84(e), (f), and (g) and or publications, or any other language. Since the Office plans to use are suitable for reproduction. information, and that a submission the copy of the application (including Section 1.98: Section 1.98(a)(2)(i) is under § 1.99 is limited to ten total the drawings) from its PACR database to amended to also refer to U.S. patent patents or publications. Section 1.99(d) create the patent application application publications. Section 1.98(b) also provides that the Office will publication, the Office must require that is amended to provide that each U.S. dispose of such explanation or new or corrected drawings correcting patent application publication listed in information if included in a submission the objections to the drawings be filed an information disclosure statement under § 1.99. The Office plans to review before the application is released from shall be identified by applicant, patent submissions under § 1.99 (e.g., by a OIPE and placed on the files for application publication number, and Supervisory Patent Examiner) to examination. publication date. determine whether they are limited to Even if an applicant files the Section 1.99: Section 1.99(a) provides patents and publications before the application with a request that the that a submission by a member of the submission is placed in the file of the application not be published pursuant public of patents or publications application and forwarded to the to 35 U.S.C. 122(b), the applicant may relevant to a pending published examiner, and to remove any rescind that request at any time. See 35 application will be entered in the explanations or information (other than U.S.C. 122(b)(2)(B)(ii). In addition, at application file if the submission patents and publications) from the the time the Office is recording a copy complies with the requirements of submission before it is placed in the file of the application in its PACR database, § 1.99 and the application is still of the application and forwarded to the the Office is not in a position to know pending when the submission and examiner. whether the applicant will file an application file are brought before the Section 1.99(e) provides that a electronic filing system copy of the examiner. The entry of such a submission under § 1.99 must be filed application for use in creating the patent submission does not mean that the within two months from the date of application publication. Therefore, the patents or printed publications publication of the application Office must be prepared to create a contained in the submission will be (§ 1.215(a)), or prior to the mailing of a patent application publication from its necessarily considered and cited by the notice of allowance (§ 1.311), whichever PACR database for each application and examiner. If the examiner considers a is earlier. Section 1.99(e) also provides
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The phrase 132 or a notice of allowance under 35 claims the same patentable invention as ‘‘publication of the application U.S.C. 151. defined in § 1.601(n). (§ 1.215(a))’’ means that republication of The reasons given for opposition to Section 1.132: Section 1.132 is revised an application under § 1.211 has no the October 1998 proposal concerning to provide that when any claim of an effect on (e.g., does not restart) the ‘‘deferred examination’’ were that: (1) application or a patent under period specified in § 1.99(e). Section The ‘‘deferred examination’’ of an reexamination is rejected or objected to, 1.99(e) also provides that a submission application under an extended any evidence submitted to traverse the by a member of the public to a pending suspension of action and the rejection or objection on a basis not published application that does not publication of an application under otherwise provided for must be by way comply with the requirements of § 1.99 such suspension of action would create of an oath or declaration under this will be returned or discarded. uncertainty over legal rights; and (2) the section. This adopts the long-standing Section 1.99(f) provides that the publication provisions of such a policy that any oath or declaration not involvement of a member of the public suspension of action procedure amount otherwise provided for is considered in filing a submission under § 1.99 ends to an eighteen-month publication under § 1.132. See MPEP 716. with the filing of the submission. system that is not authorized by 35 Section 1.132 as adopted does not Section 1.103: Section 1.103 is U.S.C. 122. The Office is adopting its provide that an oath or declaration may amended to provide for deferred deferred examination proposal because: not be submitted under § 1.132 to examination for up to three years from (1) Since the deferral of examination traverse a rejection if the rejection is the earliest filing date for which a under § 1.103(d) is limited to three years based upon a U.S. patent or a U.S. benefit is claimed under title 35, United from the earliest filing date for which a patent application publication of a States Code, at the request of the benefit is claimed under title 35, United pending or patented application to applicant. The Office previously States Code, there will be no greater another or others which claims the same proposed a ‘‘deferred examination’’ uncertainty over legal rights than patentable invention as defined in practice (in addition to the current currently exists under reissue or § 1.601(n). If an oath or declaration is suspension of action practices) to continuing application practice; and (2) submitted under § 1.132 to traverse a implement the Patent Business Goals. 35 U.S.C. 122(b) now provides for rejection, and the rejection is based See Changes to Implement the Patent eighteen-month publication of patent upon a U.S. patent or a U.S. patent Business Goals, Advance Notice of applications (with certain exceptions). application publication of a pending or Proposed Rulemaking, 63 FR 53498, Section 1.104: Section 1.104(a) is patented application to another or 53516–17 (Oct. 5, 1998), 1215 Off. Gaz. amended by eliminating the provisions others which claims the same patentable Pat. Office 87, 104–05 (Oct. 27, 1998). concerning the circumstances under invention as defined in § 1.601(n), the The Office, however, did not proceed which an examiner will consider Office will consider on a case-by-case with proposing changes to § 1.103 to applications to be copending basis whether the oath or declaration implement a ‘‘deferred examination’’ (§ 1.104(a)(5)). This material pertains may be considered sufficient to practice. See Changes to Implement the only to internal instructions to overcome the rejection, or whether the Patent Business Goals, Notice of examiners and is considered applicant will be required to establish Proposed Rulemaking, 64 FR 53772, appropriate for inclusion in the MPEP priority of invention through an 53775 (Oct. 4, 1999), 1228 Off. Gaz. Pat. rather than the rules of practice. interference proceeding. Office 15, 18 (Nov. 2, 1999). The Office Section 1.104(d) is amended to Section 1.137: Section 1.137 is is now proceeding with changes to provide that if domestic (U.S.) patent amended to: (1) Make its provisions § 1.103 to implement a ‘‘deferred application publications are cited by the applicable to the revival of a terminated examination’’ practice. examiner, their publication number, reexamination proceeding; (2) provide Section 1.103(d) is added to provide publication date, and the names of the for the revival of an application for deferral of examination if the applicants will be stated. abandoned pursuant to 35 U.S.C. applicant requests deferred examination Section 1.130: Section 1.130(a) is 122(b)(2)(B)(iii) for failure to timely under § 1.103(d) and pays the amended to refer to published notify the Office of the filing of an publication fee set forth in § 1.18(d) and applications (as well as patents). application in a foreign country or the processing fee set forth in § 1.17(i). Specifically, § 1.130 is also applicable to under a multinational treaty; and (3) The following conditions must also be a rejection of a claim in an application reorganize certain provisions for clarity. met: (1) the application must be filed on or patent under reexamination based Section 1.137 (including its heading) or after November 29, 2000 (or be an upon a patent application publication in is amended to provide for revival of ex application for which applicant requests the situation in which the application or parte reexamination proceedings voluntary publication), and be an patent under reexamination and the terminated under § 1.550(d), for revival original (i.e., non-reissue) utility or published application are currently of inter partes reexamination plant application filed under § 1.53(b) owned by the same party. proceedings terminated under (i.e., not a continued prosecution Section 1.131: Section 1.131(a) is § 1.957(b), or for revival of rejected application under § 1.53(d)) or an amended to provide that: (1) The claims terminated under § 1.957(c) in an application resulting from entry of an effective date of a U.S. patent, U.S. inter partes reexamination proceeding international application into the patent application publication, or where further prosecution has been national stage after compliance with international application publication limited to claims found allowable at the § 1.494 or § 1.495; (2) the applicant must under PCT Article 21(2) is the earlier of time of the failure to respond. These not have filed a nonpublication request its publication date or the date that it is changes to § 1.137 were discussed in the under § 1.213(a), or have filed a request effective as a reference under 35 U.S.C. notice of proposed rulemaking to
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 57034 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations implement the optional inter partes that an application abandoned as a succeeding secular or business day if reexamination provisions of the result of the failure to timely provide the day that is twelve months after the American Inventors Protection Act of such a notice to the Office is subject to filing date of the provisional application 1999. See Rules to Implement Optional revival if the ‘‘delay in submitting the falls on a Saturday, Sunday, or Federal Inter Partes Reexamination Proceedings, notice was unintentional.’’ See id. holiday within the District of Columbia. Notice of Proposed Rulemaking, 65 FR 35 U.S.C. 122(b)(2)(B)(iii) provides for Section 1.138: Section 1.138(a) is 18154 (Apr. 6, 2000), 1234 Off. Gaz. Pat. revival only on the basis of amended to add ‘‘or publication’’ to Office 93 (May 23, 2000). unintentional delay, and not on the clarify that a letter of express Specifically, § 1.137(a) is amended to basis of unavoidable delay. Compare 35 abandonment may not be recognized by include revival of unavoidably U.S.C. 122(b)(2)(B)(iii) (‘‘delay * * * was the Office unless it is actually received terminated reexamination proceedings. unintentional’’) with 35 U.S.C. 111(a)(4) by appropriate officials in time to act The unavoidable delay provisions of 35 (‘‘delay * * * was unavoidable or before the date of publication. U.S.C. 133 are imported into and are unintentional’’). Therefore, § 1.137(f) Section 1.138(c) is added to provide applicable to reexamination proceedings provides that a nonprovisional for a petition for express abandonment by 35 U.S.C. 305 and 314. See In re application abandoned pursuant to 35 to avoid publication. Section 1.138(c) Katrapat, 6 USPQ2d 1863 (Comm’r Pats. U.S.C. 122(b)(2)(B)(iii) for failure to provides that an applicant seeking to 1988). Section 1.137(b) is amended to timely notify the Office of the filing of abandon an application to avoid provide for revival of unintentionally an application in a foreign country or publication of the application (see terminated reexamination proceedings. under a multinational treaty that § 1.211(a)(1)) must submit a declaration The unintentional delay fee provisions requires eighteen-month publication of express abandonment by way of a of 35 U.S.C. 41(a)(7) are imported into may be revived only pursuant to petition including the fee set forth in and are applicable to all reexamination § 1.137(b). Section 1.137(f) also provides § 1.17(h) in sufficient time to permit the proceedings by § 4605 of the American that the reply requirement of § 1.137(c) appropriate officials to recognize the Inventors Protection Act of 1999. Note is met by the notification of such filing abandonment and remove the that these changes pertain to all in a foreign country or under a application from the publication reexaminations (i.e., both ex parte multinational treaty, but the filing of a process. The petition will be granted reexaminations filed under § 1.510 and petition under § 1.137 will not operate when it is recognized in sufficient time inter partes reexaminations filed under to stay any period for reply that may be to avoid publication of application § 1.913) and become effective on running against the application. Since information and will be denied when it November 29, 2000 (one year after the Office cannot ascertain whether an is not recognized in sufficient time to enactment of the American Inventors application is abandoned under 35 avoid publication of application Protection Act of 1999). U.S.C. 122(b)(2)(B)(iii), the Office may information. This will avert the The reconsideration provisions of continue to process and examine the situation in which an applicant files a § 1.137 (formerly § 1.137(d), and application until the applicant notifies letter of express abandonment to avoid § 1.137(e) as adopted) are amended to the Office that the application is publication, the letter of express provide that extensions of time for abandoned. Therefore, § 1.137(f) abandonment is not recognized in requesting reconsideration of a decision provides that the filing of a petition sufficient time to avoid publication, dismissing or denying a petition under § 1.137 to revive such an upon publication the applicant wishes requesting revival of a terminated application will not operate to stay any to rescind the letter of express reexamination proceeding under period for reply that may be running abandonment, and the Office cannot § 1.137(a) or § 1.137(b) must be filed against the application. under § 1.550(c) for a terminated ex Section 1.137 is also amended to revive the application (once the letter of parte reexamination proceeding, or locate the ‘‘reply requirement’’ express abandonment is recognized) under § 1.956 for a terminated inter provisions in § 1.137(c), rather than because the application was expressly partes reexamination proceeding. include duplicative provisions and intentionally abandoned by the Section 1.137(f) provides for the concerning the reply requirement in applicant. revival of an application abandoned for each of § 1.137(a) and (b). Thus, the As discussed above, the publication failure to timely notify the Office of a terminal disclaimer provisions of process is a fourteen-week process, and foreign filing. As discussed above, if an § 1.137(c), reconsideration provisions of the applicant should expect that the applicant makes a request § 1.137(d), and provisional application petition will not be granted and the (nonpublication request) upon filing provisions of § 1.137(e) are moved to application will be published in regular with the appropriate certifications, the § § 1.137(d), 1.137(e), and 1.137(g), course unless such declaration of application will not be published under respectively. In addition, § 1.137(c) also express abandonment and petition are 35 U.S.C. 122(b)(1). See 35 U.S.C. provides that in an application received by the appropriate officials 122(b)(2)(B)(i). An applicant who has abandoned for failure to pay the more than four weeks prior to the made a nonpublication request but who publication fee, the required reply must projected date of publication. subsequently files an application include payment of the publication fee. Section 1.165: Section 1.165(b) is directed to the invention disclosed in Thus, even if an application abandoned amended to provide that if plant the application filed in the Office in a for failure to pay the publication fee is application drawings include a color foreign country, or under a multilateral being revived solely for purposes of drawing or photograph, a black and international agreement, that requires continuity with a continuing white photocopy that accurately eighteen-month publication, must notify application, the petition to revive under depicts, to the extent possible, the the Office of such filing within forty-five § 1.137 must include payment of the subject matter shown in the color days after the date of such filing, with publication fee (unless previously drawing or photograph must be the failure to timely provide such a submitted). submitted. notice to the Office resulting in Section 1.137 is also amended to take Section 1.211: Sections 1.211, 1.213, abandonment of the application. See 35 into account the provisions of 35 U.S.C. 1.215, 1.217, 1.219, and 1.221 are added U.S.C. 122(b)(2)(B)(iii). 35 U.S.C. 119(e)(3), which extend the pendency of to provide for the pre-grant publication 122(b)(2)(B)(iii), however, also provides a provisional application to the next of applications under 35 U.S.C. 122(b).
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Section 1.211(a) provides that (with there are many instances in which the practical after these deficiencies are certain exceptions) each U.S. national Office mails a notice of allowance corrected. application for patent filed in the Office (§ 1.311) in an application but the Section 1.211(d) provides that the under 35 U.S.C. 111(a) and each application does not issue as a patent in Office may refuse to publish an international application in compliance regular course (abandonment due to application, or to include a portion of an with 35 U.S.C. 371 will be published failure to pay the issue fee, or application in the patent application promptly after the expiration of a period withdrawal from issue either sua sponte publication (§ 1.215), if publication of of eighteen months from the earliest by the Office or on petition of the the application or portion thereof would filing date for which a benefit is sought applicant). Therefore, the Office will not violate Federal or state law, or if the under title 35, United States Code. discontinue the pre-grant publication application or portion thereof contains Section 1.211(a)(1) provides that the process until a patent has actually offensive or disparaging material. A Office will not publish applications that issued. Since the Office cannot similar provision exists in PCT practice, are recognized as no longer pending. discontinue the pre-grant publication in that the International Bureau (IB) may The phrase ‘‘recognized by the Office as process during the last two weeks of the omit expressions or drawings in an no longer pending’’ covers the situation publication process, this will result in a international application from its in which the period for reply (either the few applications being issued as patents publications if the expressions or shortened statutory period or the and subsequently being published as drawings are contrary to morality or maximum extendable period for reply) patent application publications. The public order, or contain disparaging to an Office action has expired, but the Office will refund the publication fee (if statements. See PCT Article 21(6) and Office has not yet entered the change of paid) if the application is not published Rule 9. status (to abandoned) of the application as a patent application publication, but Section 1.211(e) provides that the in the PALM system and mailed a notice will not refund the publication fee if the publication fee set forth in § 1.18(d) of abandonment. An application will application is published as a patent must be paid in each application remain in the publication process until application publication, even if it is published under this section before the the PALM system indicates that the published after the patent issues. patent will be granted, but does not application is abandoned. Obviously, Section 1.211(a)(4) also provides that require that the publication fee be paid once the PALM system indicates that an the Office will not publish applications prior to publication. If an application is application is abandoned, the Office that were filed with a nonpublication subject to publication under this will attempt to remove the application request in compliance with § 1.213(a). section, the sum specified in the notice from the publication process and avoid Section 1.211(b) provides that of allowance under § 1.311 will also dissemination of application provisional applications under 35 include the publication fee which must information. How much dissemination U.S.C. 111(b) shall not be published. be paid within three months from the of application information can be Section 1.211(b) also provides that date of mailing of the notice of avoided depends upon how close it is design applications under 35 U.S.C. allowance to avoid abandonment of the to the publication date when the Office chapter 16 and reissue applications application. This three-month period is recognizes the application as under 35 U.S.C. chapter 25 shall not be not extendable. If the application is not abandoned. Unless an applicant has published under § 1.211. Provisional published under this section, the received a notice of abandonment, an applications under 35 U.S.C. 111(b) and publication fee (if paid) will be applicant who wants to abandon the design applications under 35 U.S.C. refunded. application to avoid publication must chapter 16 are excluded from the pre- Section 1.213: Section 1.213 file a petition under § 1.138(c) to grant publication provisions of 35 implements the provisions of 35 U.S.C. expressly abandon the application and U.S.C. 122(b). See 35 U.S.C. 122(b)(2)(B)(i)–(iii). An applicant may avoid publication. An applicant 122(b)(2)(A)(iii) and (iv). Reissue request that the application not be permitting an application to become applications under 35 U.S.C. chapter 25 published under 35 U.S.C. 122(b) and abandoned (for failure to reply to an are not maintained in confidence under § 1.211 if the invention disclosed in an Office action) to avoid publication by 35 U.S.C. 122(a). See § 1.11(b). application has not been and will not be passively waiting for the Office to Section 1.211(c) provides that the the subject of an application filed in recognize that the application has Office will not publish an application another country, or under a multilateral become abandoned must bear the risk filed under 35 U.S.C. 111(a) until it international agreement, that requires that the Office will not recognize that includes the basic filing fee, an English publication of applications eighteen the application has become abandoned translation if in a language other than months after filing. Section 1.213(a) and change the status of the application English, and an executed oath or requires that a request that an in the PALM system in sufficient time declaration. Section 1.211(c) also application not be published under 35 to avoid publication. provides that publishing may be U.S.C. 122(b) (nonpublication request) Section 1.211(a)(2) provides that the delayed until the application includes a must: (1) Be submitted with the Office will not publish applications that specification having papers in application upon filing; (2) state in a are national security classified (see compliance with § 1.52 and an abstract conspicuous manner that the § 5.2(c)), subject to a secrecy order (§ 1.72(b)), drawings in compliance with application is not to be published under under 35 U.S.C. 181, or under national § 1.84, and a sequence listing in 35 U.S.C. 122(b); (3) contain a security review. compliance with § 1.821 through 1.825 certification that the invention disclosed Section 1.211(a)(3) provides that the (if applicable), and until any petition in the application has not been and will Office will not publish applications that under § 1.47 is granted. That is, if an not be the subject of an application filed have issued as patents in sufficient time application does not contain the in another country, or under a to be removed from the publication application content on papers or multilateral agreement, that requires process. If the pre-grant publication drawings of sufficient quality to create publication at eighteen months after process coincides with the patent issue a patent application publication by filing; and (4) be signed in compliance process, the Office will continue with eighteen months from its earliest with § 1.33(b). The requirement that a the pre-grant publication process until a claimed filing date, the Office will nonpublication request be submitted patent actually issues. This is because publish the application as soon as ‘‘upon filing’’ is a requirement of statute
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(35 U.S.C. 122(b)(2)(B)(i)), and, as such, compliance with § 1.72, application filed within one month of the actual the Office must deny any petition papers in compliance with § 1.52, filing date of the application or fourteen requesting a waiver of this provision of drawings in compliance with § 1.84, or months of the earliest filing date for § 1.213(a). a sequence listing in compliance with which a benefit is sought, whichever is Section 1.213(b) provides that the §§ 1.821 through 1.825. That is, the later. applicant may rescind a nonpublication patent application publication will not The fourteen-month period differs request at any time. See 35 U.S.C. reflect the application as it was from the sixteen-month period provided 122(b)(2)(B)(ii). Section 1.213(b) also amended during the examination in § 1.217 for submitting a redacted provides that a request to rescind a process, but will only reflect the copy of an application because the nonpublication request under § 1.213(a) application as recorded in the Office’s sixteen-month period provided in must: (1) Identify the application to PACR database. § 1.217 is not based upon the fourteen- which it is directed (§ 1.5); (2) state in Section 1.215(b) provides a week publication cycle but is provided a conspicuous manner that the request mechanism by which applicants may for by statute (35 U.S.C. 122(b)(2)(B)(v)). that the application is not to be have assignee information (the name Section 1.215(d) provides that if the published under 35 U.S.C. 122(b) is and address of the assignee of the entire copy of the application does not comply rescinded; and (3) be signed in right, title, and interest in an with the Office EFS requirements, the compliance with § 1.33(b). Once a application) included on the patent Office will publish the application request under § 1.213(b) to rescind a application publication. To have based upon the application records in nonpublication request is filed and assignee information included on the the Office’s PACR database (as provided processed by the Office, the application patent application publication, the in § 1.215(a)). If, however, the Office has will be scheduled for publication in applicant must include the assignee not started the publication process, the accordance with § 1.211(a). information on the application Office may use an untimely filed copy Section 1.213(c) reiterates the transmittal sheet or the application data of the application supplied by the provisions of 35 U.S.C. 122(b)(2)(B)(iii). sheet under § 1.76. Providing assignee applicant under § 1.215(c) in creating Section 1.213(c) specifically states that information on the application the patent application publication. if an applicant who has submitted a transmittal sheet or the application data Section 1.217: Section 1.217(a) nonpublication request under § 1.213(a) sheet will be treated as an indication implements the provisions of 35 U.S.C. subsequently files an application that the assignee information is being 122(b)(2)(B)(v), and provides that if an directed to the invention disclosed in provided for inclusion on the patent applicant has filed applications in one the application in which the application publication. Providing or more foreign countries, directly or nonpublication request was submitted assignee information on the application through a multilateral international in another country, or under a transmittal sheet or the application data agreement, and such foreign-filed multilateral international agreement, sheet does not substitute for compliance applications or the description of the that requires publication of applications with any requirement of 37 CFR part 3 invention in such foreign-filed eighteen months after filing, the to have an assignment recorded by the applications is less extensive than the applicant must notify the Office of such Office. application or description of the filing within forty-five days after the If applicant wants to submit assignee invention in the application filed in the date of the filing of such foreign or information for inclusion on the patent Office, the applicant may submit a international application. The failure to application publication after filing (i.e., redacted copy of the application filed in timely notify the Office of the filing of after the application transmittal sheet or the Office for publication, eliminating such foreign or international application the application data sheet has been any part or description of the invention shall result in abandonment of the filed), applicant must file a that is not also contained in any of the application in which the nonpublication supplemental application data sheet corresponding applications filed in a request was submitted. See 35 U.S.C. (§ 1.76) containing the assignee foreign country. Section 1.217(a) also 122(b)(2)(B)(iii). information. This applies to changes to provides that the Office will publish the Section 1.215: Section 1.215(a) previously submitted assignee application as provided in § 1.215(a) indicates that the publication of an information, as well as assignee unless the applicant files a redacted application under 35 U.S.C. 122(b) shall information being provided for the first copy of the application in compliance include a patent application time. Nevertheless, assignee information with § 1.217 within sixteen months after publication. The Office will not mail a may not be included on the patent the earliest filing date for which a paper copy of the patent application application publication unless this benefit is sought under title 35, United publication to the applicant, but will information is provided on the States Code. This sixteen-month period mail a notice to the applicant indicating application transmittal sheet or is provided by statute (35 U.S.C. that the application has been published. application data sheet included with the 122(b)(2)(B)(v)), and as such, requests Section 1.215(a) also provides that the application on filing. for waiver of this sixteen-month period date of publication shall be indicated on Section 1.215(c) provides a will be denied. the patent application publication. mechanism by which applicants may As discussed above, this sixteen- Section 1.215(a) also provides that have the patent application publication month period provided in § 1.217 differs (except as discussed below in § 1.215(c)) reflect the application as amended from the fourteen-month period the patent application publication will during the examination process (rather provided in § 1.215(c) because the be based upon the application papers than the application information as sixteen-month period provided in deposited on the filing date of the recorded in the Office’s PACR database). § 1.217 is not based upon the fourteen- application, except for preliminary Section 1.215(c) provides that the Office week publication cycle but is provided amendments, as well as the executed will use an applicant-supplied copy of for by statute (35 U.S.C. 122(b)(2)(B)(v)). oath or declaration submitted to the application (specification, drawings, If a redacted copy of an application is complete the application, and any and oath or declaration), provided that: submitted in compliance with § 1.217 application papers or drawings (1) The copy is in compliance with the but later than four months prior to the submitted in reply to a preexamination Office electronic filing system (EFS) projected publication date, the Office notice requiring a title and abstract in requirements; and (2) the EFS copy is will be required to reprocess the patent
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Section contents of an application for which a Section 1.219: Section 1.219 1.217(b) also provides that the title of redacted copy was submitted under implements the provisions of 35 U.S.C. the invention in the redacted copy of § 1.217 (upon payment of a fee) unless 122(b)(1) that authorize (but do not the application must correspond to the the applicant complies with the require) the Office to publish earlier title of the application at the time the requirements of § 1.217(d). Since the than at the eighteen-month period set redacted copy of the application is processing required to provide redacted forth in 35 U.S.C. 122(b)(1) at the submitted to the Office. The Office uses copies of the application content is the request of the applicant. Section 1.219 the title of the invention (among other result of an applicant choosing to provides that any request for early information) as provided in an EFS copy submit a redacted copy under § 1.217, it publication must be accompanied by the of an application to confirm the identity is appropriate to require the applicant to publication fee set forth in § 1.18(d). of the application for which the EFS timely provide appropriate redacted Section 1.219 provides that if the copy is submitted. Thus, if a portion of copies of Office correspondence and applicant does not submit a copy of the the title has been redacted such that the applicant submissions, and to pay a application in compliance with the title (as redacted) in the EFS copy of the processing fee for the special handling Office EFS requirements, the Office will application is different from the title of required for these papers, should the publish the application based upon the the invention for the application as applicant wish to maintain the redacted application records in the Office’s PACR shown in PALM, it will appear that the portions of the application in database (as provided in § 1.215(a)). redacted EFS copy of the application confidence prior to the grant of a patent. Section 1.219 also provides that no incorrectly identifies the application for Section 1.217(d)(1) provides that the consideration will be given to requests which the redacted EFS copy is applicant must accompany the for publication on a certain date (which submitted. If an applicant wants to submission required by § 1.217(c) with: includes a request that certain redact a portion of the title, the applications be published on the same applicant must first submit an (1) A copy of any Office correspondence previously received by applicant date), and such requests will be treated amendment to the title of the invention as a request for publication as soon as such that it will correspond to the title including any desired redactions, and a possible. as redacted. Section 1.217(b) also second copy of all Office Section 1.221: Section 1.221 provides provides that if the redacted copy of the correspondence previously received by for voluntary publication of applications application does not comply with the applicant showing the redacted material filed before, but pending on, November Office EFS requirements, the Office will in brackets; and (2) a copy of each 29, 2000, and for requests for publish the application based upon the submission previously filed by the unredacted records in the Office’s PACR applicant including any desired republication of applications previously database. redactions, and a second copy of each published under § 1.211. Applicants Section 1.217(c) provides that the submission previously filed by the may request republication of an applicant must also concurrently submit applicant showing the redacted material application under § 1.221 to obtain a in paper (§ 1.52(a)) to be filed in the in brackets. Section 1.217(d)(2) provides patent application publication that: (1) application: (1) A certified copy of each that the applicant must also: (1) Within Corrects immaterial errors or errors not foreign-filed application that one month of the date of mailing of any the result of Office mistake; or (2) corresponds to the application for correspondence from the Office, file a reflects the application as amended which a redacted copy is submitted; (2) copy of such Office correspondence during prosecution of the application. a translation of each such foreign-filed including any desired redactions, and a Section 1.221(a) provides that a application that is in a language other second copy of such Office request for voluntary publication or than English, and a statement that the correspondence showing the redacted republication must include a copy of the translation is accurate; (3) a marked-up material in brackets; and (2) with each application in compliance with the copy of the application showing the submission by the applicant, include a Office EFS requirements and be redactions in brackets; and (4) a copy of such submission including any accompanied by the publication fee set certification that the redacted copy of desired redactions, and a second copy of forth in § 1.18(d) and the processing fee the application eliminates only the part such submission showing the redacted set forth in § 1.17(i). or description of the invention that is material in brackets. Section 1.217(d)(3) Voluntary publication or not contained in any application filed in provides that each submission under republication of applications is not a foreign country, directly or through a § 1.217(d)(1) or § 1.217(d)(2) must also mandated by 35 U.S.C. 122(b)(1). Thus, multilateral international agreement, be accompanied by the processing fee if a request for voluntary publication or that corresponds to the application filed set forth in § 1.17(i) and a certification republication does not comply with the in the Office. The provisions of that the redactions are limited to the requirements of § 1.221, or the copy of § 1.217(c) are designed to ensure that elimination of material that is relevant the application does not comply with any patent application publication only to the part or description of the the Office EFS requirements, the Office based upon a redacted copy of an invention that is not contained in the will not publish the application based application contains the parts and redacted copy of the application upon the application records in the description of the invention contained submitted for publication. If the Office’s PACR database (as provided in in any of the corresponding applications applicant fails to comply with these § 1.215(a)). Rather, the Office will filed in a foreign country. requirements, the Office will provide a simply not publish the application and Section 1.217(d) provides a complete unredacted copy of the file will refund the publication fee (but not mechanism for obtaining an wrapper and contents of the application the processing fee).
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Section 1.221(b) provides that the be filed in an individual application publication or translation for the Office will grant a request for a only after mailing of the notice of purposes of national stage entry and corrected or revised patent application allowance. processing, the Office strongly publication other than as provided in Section 1.417: Section 1.417 is added recommends that a second copy of the § 1.221(a) only when the Office makes a to provide for the submission of international publication or translation material mistake which is apparent from international publications or English be included with the initial national Office records. The phrase ‘‘material language translations of international stage papers in order to ensure the mistake’’ means a mistake that affects applications pursuant to 35 U.S.C. integrity of the first submitted the public’s ability to appreciate the 154(d)(4). This section sets forth the international publication or translation. technical disclosure of the patent requirements for the filing of an English Otherwise, processing of the national application publication or determine the language international publication or stage application may result in the scope of the provisional rights that an translation of an international alteration of the originally filed applicant may seek to enforce upon application in order to ensure proper international publication or translation issuance of a patent (e.g., error in the handling by the Office. Section 1.417 through, e.g., the entry of amendments. claims, serious error in a portion of the provides that such a submission must Section 1.494: Section 1.494(f) is written description or drawings that is clearly identify the international amended to exempt a copy of the necessary to support the claims). The application to which it pertains under international publication or translation Office will permit applicants to review § 1.5(a), and unless it is being submitted of the international application the bibliographic information contained pursuant to § 1.494 or § 1.495, must be identified as provided in § 1.417 from in the Office’s PALM database via its clearly identified as a submission the documents that must be clearly PAIR system. Therefore, applicants are pursuant to 35 U.S.C. 154(d)(4). Failure identified as a submission to enter the expected to review that information and to properly identify such submissions national stage under 35 U.S.C. 371 to bring errors to the Office’s attention at will result in the English language avoid being considered a submission least fourteen weeks before the international publication or translation under 35 U.S.C. 111(a). projected date of publication. Section of the international application being Section 1.495: Section 1.495(g) is 1.221(b) also provides that any request processed as the filing of a national amended to exempt a copy of the for a corrected or revised patent application under 35 U.S.C. 111(a). international publication or translation Additionally, failure to properly application publication other than as of the international application identify the international publication or provided in § 1.221(a) must be filed identified as provided in § 1.417 from translation as a submission under 35 within two months from the date of the the documents that must be clearly U.S.C. 154(d)(4) may cause the Office to patent application publication, and that identified as a submission to enter the be unable to properly track or retrieve this period is not extendable. national stage under 35 U.S.C. 371 to Section 1.291: Section 1.291(a)(1) the international publication or avoid being considered a submission implements the provisions of 35 U.S.C. translation in relation to its under 35 U.S.C. 111(a). 122(c), which specify that the Office international application number. shall establish appropriate procedures Section 1.417 also provides that such Part 5: to ensure that no protest or other form submissions should be marked ‘‘Box Section 5.1: Section 5.1(e) is amended of pre-issuance opposition to the grant PCT.’’ to implement the provisions of 35 of a patent may be initiated after The submission of an international U.S.C. 122(d), which specify that the publication of the application without publication or translation of an application will not be published under the applicant’s express written consent. international application for the 35 U.S.C. 122(b)(1) if publication or Section 1.291 is amended to provide purposes of national stage entry in disclosure of the application would be that a protest must be submitted prior to accordance with § 1.494 or § 1.495 may detrimental to national security. Section the date the application was published also be relied upon as the submission 5.1(e) provides that an application or the mailing of a notice of allowance for the purposes of 35 U.S.C. 154(d)(4). under national security review will not under § 1.311, whichever occurs first. Likewise, an earlier filed international be published at least until six months Section 1.292: Section 1.292(b)(3) is publication or translation (submitted for from its filing date or three months from amended to require that any petition to the purposes of 35 U.S.C. 154(d)(4) and the date the application was referred to institute a public use proceeding be properly identified as such) may also be a defense agency, whichever is later. submitted prior to the date the relied upon for the purpose of satisfying These are the current national security application was published or mailing of the requirement of 35 U.S.C. 371(c)(2). review screening time frames for foreign a notice of allowance under § 1.311, If applicant intends to rely on such an filing license purposes. Section 5.1(e) whichever occurs first. earlier filed international publication or also provides that a national security Section 1.311: Section 1.311(a) is translation, the submission of classified patent application will not be amended to provide that the sum documents under § 1.494(f) and published under § 1.211 of this chapter specified in the notice of allowance may § 1.495(g) should include an indication or allowed under § 1.311 of this chapter (in addition to the issue fee) also that the international publication or until the application is declassified and include the publication fee, in which translation has been previously any secrecy order under § 5.2(a) has case the issue fee and publication fee submitted for the purposes of 35 U.S.C. been rescinded. (§ 1.211(f)) must both be paid within 154(d)(4) to avoid the mailing of either Response to Comments three months from the date of mailing a Notice of Abandonment (PCT/DO/EO/ of the notice of allowance to avoid 909) indicating that a copy of the The Office received twenty-one abandonment of the application. Section international application was not timely written comments (from Intellectual 1.311(a) is also amended to provide that filed, or a Notice of Missing Property Organizations, Businesses, Law this three-month period is not Requirements (PCT/DO/EO/905) Firms, Patent Practitioners, and others) extendable. Section 1.311(b) is amended indicating that a translation of the in response to the notice of proposed to provide that an authorization to international application is required. rulemaking. Comments generally in charge any of the post-allowance fees set While (as discussed above) applicants support of a change are not discussed. forth in § 1.18 to a deposit account may may rely on an earlier filed international The comments and the Office’s
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations 57039 responses to the remaining comments or until such time as the Office can Preliminary Examination Report (IPER) follow: produce such a copy from an electronic has issued. PCT Rule 94 provides Comment 1: One comment questioned copy (rather than the physical authority for the Office to provide whether the Office will withdraw its application file). The comments argue copies in these situations. PCT Rule reservation under PCT Article 64(3), that removing the application file 94.2 provides that after issuance of the which provides for no publication of an wrapper for copying will result in IPER, the IPEA shall provide copies of international application at eighteen disruption of the examination process the examination file (or any part thereof) months if only the United States is and the loss or corruption of a number to the elected offices upon request, and designated. The comment also of application files. Rule 94.3 allows the elected offices to questioned whether the Office will Response: The Office is cognizant of provide access to any document in its revise its declaration under PCT Article the fact that providing copies of the file files. Therefore, upon receipt of a 64(4)(c) in view of the amendment to 35 wrapper and contents of a pending request under § 1.14(i)(1) by a third U.S.C. 102(e). published application to any member of party for a copy of an examination file Response: The Office’s reservation the public on request (and payment of in an international application that under PCT Article 64(3) and declaration a fee) has the potential to disrupt the satisfies the requirements of under PCT Article 64(4)(c) are not examination process or result in § 1.14(i)(1)(iii), the United States Elected germane to the proposed changes to the corruption of the application file. If Office will request that the United rules of practice to implement the fulfilling copy orders for the file States IPEA make a copy of its eighteen-month publication provisions wrapper and contents of pending examination file, and the United States of the American Inventors Protection published applications proves to be Elected Office will then provide a copy Act of 1999. The Office will make the unmanageable, the Office will revise of such file to the requesting party. appropriate revisions to its reservation § 1.14 to require a member of the public The Office will not provide general under PCT Article 64(3) and declaration requesting a copy of the file wrapper notification to the public of the filing of under PCT Article 64(4)(c) in due and contents of a pending published translations under 35 U.S.C. 154. Under course. application to show cause to obtain 35 U.S.C. 154, it is the responsibility of Comment 2: One comment questioned such a copy. the applicant to notify any possible whether a published English language Comment 5: One comment suggested infringers for the purpose of obtaining international application designating that § 1.14(b)(2) should be limited to provisional rights. the United States is considered a those international applications that Section 1.14(i)(3) does not require that published application under § 1.9(b). designate the United States. the applicant have entered the national Response: An English language Response: The suggested revision has stage under 35 U.S.C. 371. Section international application designating not been adopted. For some time, the 1.14(i)(3) concerns access to the United States and published under Office has revealed status information international application home and PCT Article 21(2) is not an application for any U.S. application identified in search files (access to the examination for patent which has been published any published patent document, files being prohibited by § 1.14(i)(5)). under 35 U.S.C. 122(b). Thus, a regardless of whether the document is a Sections 1.14(i)(1)(iii) and 1.14(i)(5) published English language foreign patent (e.g., a Japanese patent or are not in conflict. Section 1.14(i)(1)(iii) international application designating a German patent) or an international concerns the situations in which the the United States is not considered a application. The only change intended United States acted as the International published application for purposes of by § 1.14(b)(2) is to make the meaning Preliminary Examining Authority § 1.9(b). of ‘‘published patent document’’ more (IPEA), the United States was elected, Comment 3: One comment suggested clear by adding the parenthetical and the International Preliminary that the Office should not provide expression ‘‘e.g., a U.S. patent, a U.S. Examination Report (IPER) has issued copies of the file wrapper and contents patent application publication, or an (as discussed above). Section § 1.14(i)(5) of published applications because 35 international application publication.’’ concerns direct access to the U.S.C. 122(b) allows for publishing an Comment 6: One comment contained examination files which is prohibited by application, but not disclosing the entire a number of suggestions and questions PCT Article 38. content of an application file. on § 1.14(i): (1) PCT Article 38 does not Comment 7: One comment suggested Response: 35 U.S.C. 122(b) provides give the Office the authority to provide that the phrase ‘‘may be provided’’ in that ‘‘[n]o information concerning access to the examination and search § 1.14(c)(1), (c)(2), and (e) should be published patent applications shall be files of a PCT application as provided in changed to ‘‘will be provided’’ for made available to the public except as § 1.14(i)(1); (2) how the public would consistency with § 1.13. Another the Director determines,’’ and that know that an English translation has comment suggested that § 1.14(c)(1) and ‘‘[n]otwithstanding any other provision been filed (§ 1.14(i)(2)); (3) whether (c)(2) be clarified as to what (the of law, a determination by the Director § 1.14(i)(3) requires that the applicant application-as-filed or the entire to release or not to release information have entered the national stage under 35 contents of the file wrapper) may be concerning a published patent U.S.C. 371 (and what file would be supplied, and whether the phrase ‘‘may application shall be final and available if no United States file be provided’’ is intended to mean that nonreviewable.’’ See 35 U.S.C. wrapper has been prepared); and (4) supplying such is optional or 122(b)(1)(B) and (C). Therefore, the § 1.14(i)(5) appears to be in conflict with discretionary on the part of the Office. Office has the authority to disclose, or § 1.14(i)(1)(iii). Response: The suggestion has not refuse to disclose, information Response: Article 38 prohibits direct been adopted. The phrase ‘‘may be’’ is contained in the file wrapper contents access to the examination file of an used throughout §§ 1.11, 1.12, and 1.14 of a published application as the Office international application by a third and is retained in § 1.14 for consistency deems appropriate. party. Section 1.14(i)(1) concerns the and because ‘‘may be’’ is the appropriate Comment 4: Several comments situation in which the United States terminology. For example, § 1.14(c)(2) suggested that the Office should not acted as the International Preliminary provides that a copy of the specification, provide copies of the file wrapper and Examining Authority (IPEA), the United drawings, and all papers related to a contents of pending applications at all States was elected, and the International published patent application may be
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 57040 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations provided if a written request with the Response: Section 4506 of the application for publication based upon appropriate fee are filed. The requested American Inventors Protection Act of the recalculated publication date. If this copy will normally be provided, but if 1999 requires the Office to ‘‘recover the recalculation occurs later than nine the file is not available because it is cost of early publication required by the weeks prior to the previously calculated being reviewed by a patent examiner or amendment [to 35 U.S.C. 122] by publication date, the Office will not is at the publishing contractor for charging a separate publication fee.’’ reschedule the application for printing a patent, the requested copy Section § 4506 of the American publication based upon the recalculated may be only provided at a delayed date. Inventors Protection Act of 1999 does publication date. Furthermore, in the rare event that the not provide for the Office to: (1) Not Comment 12: One comment requested file is lost (and a replacement copy charge the publication fee to those clarification of the meaning of the term cannot be obtained), the requested copy applicants who would prefer not to have ‘‘original’’ in § 1.55. cannot be made and will not be their applications published under 35 Response: An ‘‘original’’ application provided. U.S.C. 122(b); (2) build the cost of is any application other than a reissue Comment 8: Several comments publication into other application (filing application, which includes continuing suggested that the surcharge for the or issue) fees; or (3) apply the small applications and applications claiming unintentionally delayed submission of a entity discount (which otherwise the benefit of a foreign-filed application. priority claim was excessive. One applies only to fees under 35 U.S.C. See Guidelines Concerning the comment suggested that this surcharge 41(a) or (b)) to the publication fee (cf. 35 Implementation of Changes to 35 U.S.C. be a nominal ($5) charge or in line with U.S.C. 132(b)). Finally, even when an 102(g) and 103 and the Interpretation of the publication fee ($300). application is issued as a patent and the Term ‘‘Original Application’’ in the Response: If a significant number of subsequently published as a patent American Inventors Protection Act of unintentionally delayed claims under application publication (because it 1999, 1233 Off. Gaz. Pat. Office 54, 56 35 U.S.C. 119, 120, 121, or 365(a) or (c) issues too late in the publication process (Apr. 11, 2000). are presented, the Office will have to stop publication), the cost of such a Comment 13: One comment suggested difficulty scheduling applications for publication is part of the cost of early that the time periods set forth in §§ 1.55 publication. Thus, the surcharge amount publication required by 35 U.S.C. and 1.78 should not apply to an must be sufficient to provide an 122(b), and § 4506 of the American application in which a nonpublication incentive for applicant to exercise care Inventors Protection Act of 1999 directs request under § 1.213 is filed. to ensure that any desired claim under the Office to also recover that cost by Response: A nonpublication request 35 U.S.C. 119, 120, 121, or 365(a) or (c) charging a separate publication fee. may be rescinded at any time. See 35 is timely presented. The proposed Comment 10: A comment supporting U.S.C. 122(b)(2)(B)(ii) and § 1.213(b). surcharge amount tracks the fee amount the changes to §§ 1.52(d) and 1.78(a)(5) Thus, the Office must treat an for a petition to revive an concerning the translation requirement application in which a nonpublication unintentionally abandoned application for a non-English language provisional request under § 1.213 is filed the same (35 U.S.C. 41(a)(7)), and this fee amount application suggested that the Office as other applications for purposes of is considered an appropriate surcharge clarify whether the translation of the priority claims as well as review of the for a petition to accept an provisional application is to be filed in patent application drawing and paper unintentionally delayed claim under 35 the provisional application or in any (specification) during pre-examination U.S.C. 119, 120, 121, or 365(a) or (c). nonprovisional application claiming the processing of the application. Since the fiscal year 2001 fee amount for benefit of the provisional application. Comment 14: One comment suggested a petition to revive an unintentionally Response: Section 1.78(a)(5) provides that the time periods set forth in §§ 1.55 abandoned application (35 U.S.C. that if a provisional application is filed and 1.78 unfairly limit an applicant’s 41(a)(7)) is $1,240 (§ 1.17(m)), this fee in a language other than English, any ability to delay presenting priority amount ($1,240) is considered an nonprovisional application claiming the claims until the claim is necessary to appropriate surcharge for a petition to benefit of the provisional application avoid the prior art. accept an unintentionally delayed claim ‘‘must contain * * * an English Response: An applicant’s desire to under 35 U.S.C. 119, 120, 121, or 365(a) language translation of the non-English delay presenting priority claims until or (c) (§ 1.17(t)). language provisional application and a the claim is necessary to avoid the prior Comment 9: Several comments statement that the translation is art is subordinate to the need for the suggested that the $300 publication fee accurate.’’ Thus, § 1.78(a)(5) is clear that timely presentation of priority claims was excessive. One comment argued the English-language translation of the for publication promptly after eighteen that a publication fee should not be provisional application must be filed in months from the earliest filing date for imposed on applicants who do not want any nonprovisional application which a benefit is claimed. The Office publication but do not meet the claiming the benefit of the provisional previously indicated that eighteen- requirements to request nonpublication application. month publication (if adopted) would under § 1.213. Several comments Comment 11: One comment require a drastic change in the practice suggested that the publication fee (cost) questioned whether an applicant can of the presentation of priority claims be included in the other application withdraw a priority claim to change the filed. See General Agreement on Tariffs (filing or issue) fees. One comment date on which the application will be & Trade/North American Free Trade suggested that the publication fee be published, noting that withdrawal of Agreement Student’s Handbook at 6 reduced by fifty percent for small priority claims is provided for in PCT (question 3), U.S. Patent and Trademark entities. Another comment suggested Rule 90bis.3. Office (1995). that § 4506 of the American Inventors Response: The Office will recalculate Comment 15: One comment suggested Protection Act of 1999 did not authorize the publication date in response to any that the time periods set forth in §§ 1.55 the Office to charge a publication fee in change (withdrawal or addition) in and 1.78 should not apply to the those situations in which an application priority claims. If this recalculation addition of priority claims in the is issued as a patent and subsequently occurs earlier than nine weeks prior to situation in which the application is published as a patent application the previously calculated publication published within six months of its publication. date, the Office will reschedule the actual filing date, since the public has
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Therefore, § 1.72(a) does Response: The requirement applies to to include such untimely priority claims not conflict with PCT Rule 4.3. any application filed on or after on the patent application publication Comment 19: One comment suggested November 29, 2000, that claims the (and the absence of a priority claim is that the Office clarify § 1.72(a) to specify benefit of a prior international not considered a ‘‘material mistake’’ what characters can be included in the application, regardless of the filing date warranting republication of the patent title of an application. of the international application for application publication under Response: Section 1.72(a) as adopted which a benefit is claimed. § 1.221(b)). Thus, the public will be does not prohibit non-keyboard Comment 23: One comment suggested harmed by such an untimely character (images) in a title. Section that the expression ‘‘[c]olor drawings presentation of a priority claim because 1.72(a) as adopted, however, provides are not permitted in international the patent application publication will that characters that cannot be captured applications (see PCT Rule 11.13)’’ in not contain the priority claim. and recorded in the Office’s automated § 1.84 is redundant, since the PCT Rule Comment 16: One comment suggested information systems (e.g., PALM) may is sufficient authority. that if priority claims are not required not be reflected in the Office’s records Response: The rules of practice until the later of four months from the in such systems or in documents created contain a number of provisions that actual filing date or sixteen months from by the Office. The Office will post the reiterate provisions of the PCT Articles the earliest claimed priority date, a set of characters that are capable of and Regulations, as well as title 35, fourteen-week publication cycle would being captured and recorded in PALM U.S.C. While such reiterative provisions be too long since the public could not on its Internet Web site. The Office will are (strictly speaking) redundant, they rely upon an application being revise the set of characters posted on its are included in the rules of practice for published until twenty months from its Internet Web site as characters are advisory purposes. If there is a change earliest claimed priority date. added to this set as a result of to the PCT Articles or Regulations (or Response: The Office plans to publish improvements to the Office’s automated title 35, U.S.C.), it is likely that the applications on the first Thursday after information systems. Applicants are Office’s rules of practice will require the date that is eighteen months after strongly encouraged to restrict the conforming changes in any event. the filing date of the application (or if Comment 24: One comment characters in titles to characters in the the application claims the benefit of an questioned whether there will be an set of characters indicated as capable of earlier filing date, the first Thursday Official Gazette publication with a capture and recordation in PALM. after the date that is eighteen months figure when an application issues as a Comment 20: One comment after the earliest filing date for which a patent. benefit is sought). Thus, the Office will questioned why the Office would use Response: The Office plans to schedule applications to begin the the title of the invention (which does continue publishing an Official Gazette publication cycle on the date that is not uniquely identify an application) as containing the weekly patent issues fourteen weeks before that date. If a the key for associating an EFS copy of with (among other things) a priority claim under 35 U.S.C. 119, 120, an application with the application for representative drawing figure. 121, or 365(a) or (c) is filed within which the copy is being submitted. Comment 25: One comment suggested fourteen weeks of the date eighteen Response: The Office uses the that if the Office considers drawings in months after the earliest filing date for application number as the primary key compliance with § 1.84 necessary for which a benefit is sought, the Office will for associating an EFS copy of an publication, the Office should reduce not be able to publish the application on application with the application for the formality requirements of § 1.84. the first Thursday after the date that is which the copy is being submitted. In Response: As discussed above, the eighteen months after the earliest filing view of the number of applications filed Office plans to enforce the requirements date for which a benefit is sought each day, it is not practical to use the of § 1.84 necessary for creating a because it requires a fourteen-week filing date to verify that the application publication (the patent application cycle to prepare an application for number is correct (a transposition of the publication) containing drawings of publication in view of the volume of last four digits of the application sufficient quality for the patent applications to be published and number will not be revealed when application publication to be routinely preparation required for the publication. compared to the filing date). The Office used as a prior art document. Comment 17: One comment suggested may also use other information to verify Comment 26: One comment suggested that the phrase ‘‘or intellectual property that the application number correctly that the Office should not require authority’’ be added after ‘‘country’’ in indicates the application for which an drawings in compliance with § 1.84 § 1.55(c) for consistency with EFS copy is being submitted. until fourteen months from the earliest § 1.55(a)(1)(i). Comment 21: One comment claimed priority date. Another comment Response: The parenthetical ‘‘(or questioned how the time period suggested that the Office release intellectual property authority)’’ has provision of § 1.78(a)(2) applied to applications containing drawings that been added after ‘‘country’’ in § 1.55(c) international applications. do not comply with § 1.84 to the for consistency with § 1.55(a)(1)(i). Response: The time period for Technology Center, flag the PACR Comment 18: One comment suggested claiming priority of a prior application record of such applications, and simply that the limitation to ‘‘500 words’’ in in an international application is set add the later-filed drawings in § 1.72(a) was in conflict with PCT Rule forth in the PCT and the Regulations compliance with § 1.84 to the PACR 4.3, which specifies that the ‘‘title of the under the PCT. database for publication. invention shall be short (preferable from Comment 22: One comment suggested Response: Since the eighteen-month two to seven words when in English or that the Office clarify whether the period is not measured from an translated into English. * * *’’ requirement in § 1.78(a)(2) that the first application’s actual filing date, but from Response: Section 1.72(a) requires sentence of an application indicate the earliest filing date for which a that the title be limited to 500 characters whether an international application benefit is claimed, many applications (not words). PCT Rule 4.3 requires that was published in English applies to will enter the publication cycle before
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 57042 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations being transferred from OIPE to the 64 FR at 53833, 1228 Off. Gaz. Pat. the grant of a patent. Both the EPO and Technology Centers. The Office would Office at 18. The comments on this the JPO allow for evidence, multiple need to track which applications have proposed change to § 1.98 are addressed briefs, an oral hearing, and appeals, and been released to the Technology Center in the final rule to implement the Patent the procedures to be followed are very without drawings in compliance with Business Goals. technical and complex. See Chapter 66 § 1.84 and issue a notice requiring Comment 29: One comment (Patent Opposition System) of the JPO’s drawings in compliance with § 1.84 questioned whether § 1.99 is consistent Manual of Appeal and Trial during the examination process to with the requirements of 35 U.S.C. Proceedings; see also Part D Opposition ensure that drawings in compliance 122(c) (which instruct the Office to Procedure of Guidelines for with § 1.84 are filed before an ensure that no protest or opposition be Examination in the European Patent application is scheduled to enter the initiated after publication without the Office. publication cycle. Issuing such a notice express written consent of the Likewise, a third-party submission of during the examination process (when applicant), and suggested that the Office patents and publications under § 1.99 is the Office is issuing Office actions) not adopt this proposed rule. not a ‘‘protest.’’ As generally would result in confusion (likelihood of Response: 35 U.S.C. 122(c) provides understood, a protest is ‘‘a complaint, two different time periods running that the Office ‘‘shall establish objection, or display of unwillingness simultaneously) and would interfere appropriate procedures to ensure that usually to an idea or course of action.’’ with the Office’s ability to meet the time no protest or other form of pre-issuance See Merriam Webster’s Collegiate frames specified in 35 U.S.C. opposition to the grant of a patent on an Dictionary (1993). Under that commonly 154(b)(1)(A)(i) and (ii). application may be initiated after understood meaning, a third-party Comment 27: Several comments publication of the application without submission of patents and publications opposed the change to § 1.85 requiring the express written consent of the under § 1.99 does not rise to the level drawings in compliance with § 1.84 applicant.’’ A submission under § 1.99, of a protest because § 1.99 does not before an application will be released to however, is different from either an permit the filing of any complaint or the Technology Center for examination. ‘‘opposition’’ proceeding or a ‘‘protest’’ objection. No form of adversarial Several comments argued that this that would fall under the provisions of argument is allowed under § 1.99. change will increase up-front costs for 35 U.S.C. 122(c). Instead, a third party is limited to patent applicants. One comment Unlike a third-party submission of merely submitting prior art without any suggested a two-tiered review: one level patents and publications under § 1.99, corresponding commentary. for publication and a second level for an opposition is a very complex, inter The Office does have an existing printing in a patent. partes proceeding. Examples of regulation (§ 1.291) entitled: ‘‘Protests Response: The patent statute no oppositions include trademark by the public against pending longer defers publication of an oppositions and foreign patent office applications.’’ Under § 1.291, a member application until patent grant. Thus, the oppositions. of the public may file a protest in a Office can no longer permit applicants Trademark oppositions, conducted pending application, which protest to defer the submission of publication before the Trademark Trial and Appeal comprises: (1) A list of the prior art quality drawings (and the cost of Board, are full adversarial proceedings references or other information relied preparing such drawings) until an similar to a trial, complete with upon; (2) an explanation of the application is allowed. Since the patent pleadings, notice, discovery, relevance of each listed item; (3) a copy application publication will become the stipulations, motions, briefs, evidence, of each listed item; and (4) an English primary prior art and technology and opportunity for oral argument. A translation of each item, if necessary. dissemination document, there is no trademark opposition proceeding is See § 1.291(b). In direct contrast to a point to providing for higher drawing governed by the Federal Rules of Civil protest under § 1.291, however, § 1.99 quality in patents than in patent Procedure, except as otherwise does not permit the third party to application publications. provided. 37 CFR 2.101 through 2.107 transmit any commentary or adversarial Comment 28: Several comments and 2.116 through 2.136, sections 1503 arguments objecting to a patent suggested that § 1.98(a)(2)(ii) not require through 1503.05 of the Trademark application. Rather, § 1.99 is structured a copy of a cited copending application, Manual of Examining Procedure, and so as to avoid compromising the especially since the Office has an Chapters 300 through 800 of the objectivity of the ex parte character of electronic database containing copies of Trademark Trial And Appeal Board the examination process. applications as filed. Another comment Manual of Procedure set forth an Only patents and publications (i.e., also argued that this provision in overview of the complex nature of prior art documents that are public combination with § 1.14(c)(2) will allow trademark opposition proceedings. In information that are theoretically third parties to obtain a copy of any view of the similarity to an inter partes available to the examiner and which the cited copending application causing: (1) civil proceeding, it is clear that Office would discover on its own in an The cited application to become a trademark oppositions are much ideal world) may be supplied to the publication that may bar the filing of the different in character compared to a examiner in a submission under § 1.99. cited application in foreign countries; third-party submission of patents and As such, the bare submission of patents (2) the disclosure of trade secrets from publications under § 1.99 (which bars a and publications is not a protest any the cited application (which may have third party from even filing a paper more than the submission of an been abandoned prior to its scheduled arguing against the patentability of an information disclosure statement under publication date); and (3) an increase in application). §§ 1.97 and 1.98 by the patent applicant paper submissions to the Office. Similar to the Office’s trademark is a ‘‘protest.’’ In addition, patents and Response: The Office proposed opposition procedure, oppositions in publications may be submitted for amending § 1.98(a)(2)(ii) to require a patent cases in both the Japanese Patent various reasons: Individuals may wish copy of any cited copending application Office (JPO) and the European Patent to submit patents or publications to help in a rulemaking to implement the Patent Office (EPO) are lengthy inter partes the examiner understand the technology Business Goals. See Changes to proceedings in which a third party has or the appropriate field of search. Implement the Patent Business Goals, extensive participation in challenging Therefore, third-party submission of
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations 57043 patents and publications under § 1.99 is suggested that since § 1.99(b)(4) permits provide evidence that it has served the qualitatively different from a protest translations of the necessary and information being submitted on the under § 1.291. pertinent parts of non-English language applicant (rather than expecting the Title 35, U.S.C., provides that the publications, § 1.99 should permit Office to do so); (2) require the third Office may issue a patent only if it markings on the necessary and pertinent party to declare (under oath or appears that the applicant is entitled to parts of English language publications. declaration) whether he/she is a patent in view of the prior art (35 Another comment also suggested that submitting the information pursuant to U.S.C. 102 and 103). 35 U.S.C. 122(c) examiners should be required to an agency relationship (and, if so, to does not disqualify prior art simply consider patents and publications identify the real party in interest); and because that prior art came to the submitted in compliance with § 1.99. (3) permit the third party to submit only attention of the Office through a third Response: To ensure that a third-party five (rather than twenty) patents or party. Thus, the Office interprets submission under § 1.99 does not publications and to screen the ‘‘protest or opposition’’ in 35 U.S.C. amount to a protest or other opposition, information to eliminate patents or 122(c) to mean that the Office is to the Office cannot permit the third party publications that have already been ensure that no third party is given the to either: (1) Provide explanations (e.g., cited in the application. ability (or right) to have input on the as to how the patents or publications Response: Section 1.99(c) requires examination of the application after render the claims unpatentable) with that the submission be served on the publication and argue against the the patents and publications; or (2) have applicant in compliance with § 1.248. application’s patentability. Section 1.99 the right to insist that the Office Section 1.248 requires that: (1) Service simply sets forth a procedure under ‘‘consider’’ any of the patents or be made by the third party, not the which a third party can bring prior art publications submitted. The third party, Office (§ 1.248(a)); and (2) the third relevant to a published application to however, may submit redacted versions party provide evidence that it has the attention of the Office. As an of a patent or publication containing served the information being submitted important safeguard for the rights of the only the most relevant portions of the on the applicant (1.248(b)). applicant, it does not give the third patent or publication. Section 1.99 as adopted limits the party the ability or right to participate Comment 32: One comment suggested number of patents and publications in in the examination of the application as that the rules of practice should such a submission to ten (rather than a result of such prior art being brought encourage third parties to submit prior twenty). Nevertheless, if a patent or to the attention of the Office. art to the Office (especially the publication is highly probative, it would Accordingly, § 1.99 will improve the computer software and business not be in the third party’s interest to quality of examination and at the same methods areas), and that the $180 fee include such a patent or publication in time will ensure that no third parties (§ 1.17(p)) for a third-party submission a submission containing even ten enter written, adversarial arguments, will be contrary to the public interest by patents or publications (since the third thereby coloring the ex parte process. discouraging third parties from party cannot provide any explanation Comment 30: One comment suggested submitting prior art. The comment with the submission). that the limitations in § 1.99 do not suggested an alternative fee structure The Office considers further adequately protect the applicant from based upon the nature of the third party restrictions on the number of patents or misuse of eighteen-month publication (small entity, non-small entity) or nature publications in a submission under by third parties because third parties of the submission (non-patent § 1.99 to be unnecessary. Since the third may submit information directly to the publications, number of patents or party has no ability or right to have applicant (or the applicant’s publications). input on what will happen during the representative), who in turn may be Response: 35 U.S.C. 41(d) authorizes examination of the application as a obligated under § 1.56 to disclose the the Office to establish fees to recover the result of the submission under § 1.99, information to the Office. The comment estimated average cost of providing the real party in interest is of no suggested amending § 1.56 to exempt services or products not otherwise concern. Finally, the Office plans (as persons associated with an application provided for. The Office has recently discussed above) to screen submissions from considering information received lowered the fee set forth in § 1.17(p) to under § 1.99 to determine whether they from a third party. $180, which is set at a fee amount to are limited to patents and publications Response: The Office did not propose recover the aggregate costs of handling before the submission is placed in the changes to the provisions of § 1.56. and reviewing the information (patents file of the application and forwarded to Given the ex parte nature of the and publications) brought to the the examiner, and to remove any examination of an application for attention of the Office subsequent to the explanations or information (other than patent, the obligations placed on an issuance of a first Office action. Since patents and publications) from the applicant under § 1.56 are paramount to the nature of the third party (small submission before it is placed in the file that examination. Therefore, the Office entity, non-small entity), or nature of of the application and forwarded to the considers it inappropriate to alter the the submission (non-patent examiner. provisions of § 1.56 simply because publications), or nature of the Comment 34: One comment also eighteen-month publication may result technology of the submission does not suggested that the Office clarify the in prior art being brought to an impact this cost, 35 U.S.C. 41(d) does condition (e.g., delay was applicant’s attention at an inopportune not authorize the Office to vary the fee ‘‘unavoidable’’) under which patents point in the examination process. based upon these factors (and § 1.99 and printed publications submitted later Comment 31: Several comments places a limit on the number of patents than two months from the date of suggested that § 1.99 be amended to or publications in the submission). publication of the application or prior to permit third parties to provide Comment 33: Several comments the mailing of a notice of allowance explanations as to the relevant parts of suggested that § 1.99 include the (whichever is earlier) will be the patents or publications, since such following provisions to avoid becoming considered. explanations may be necessary in the a means for third parties to harass the Response: A submission under § 1.99 case of a complex or voluminous patent applicant or disrupt the examination later than the period specified in or publication. Another comment process: (1) Require that the third party § 1.99(e) is permitted only when the
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 57044 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations patents or publications could not have U.S. patent are not identical but are not reference to acts’’ has not been omitted been submitted to the Office earlier (e.g., patentably distinct; and (3) the in the subsequent two sentences of an amendment submitted in the inventions are owned by the same party. § 1.131. See § 1.131(a)(2)(1995)–(2000). published application after publication See MPEP 718; see also Miscellaneous Comment 39: One comment suggested changes the scope of the claims to an Changes in Patent Practice, 61 FR at that § 1.132 be revised to permit an oath extent that could not reasonably have 42795, 1190 Off. Gaz. Pat. Office at 71. or declaration under § 1.132 to traverse been anticipated by a person reviewing Section 1.130 does not address the a rejection even if the rejection is based the published application during the change to 35 U.S.C. 103(c) in § 4807 of upon a patent or application to another period specified in § 1.99(e)). the American Inventors Protection Act that claims the same patentable Comment 35: One comment suggested of 1999 (and appears to have a invention. Another comment suggested that third parties should be given three confusing heading) because § 1.130 is that § 1.132 be revised to permit an oath (rather than two) months from the date not directed to implementing the or declaration under § 1.132 to traverse of publication of the application or prior provisions of 35 U.S.C. 103(c). a rejection even if the rejection is based to the mailing of a notice of allowance, The phrase ‘‘application or patent upon a published application to another whichever is later (rather than under reexamination and patent or that claims the same patentable whichever is earlier) to submit patents published application’’ is designed to invention. or publications under § 1.99. cover four situations: (1) The rejection Response: Section 1.132 as adopted Response: The time period in § 1.99 of a claim in an application on the basis provides that when any claim of an balances the desirability of considering of a commonly assigned patent; (2) the application or a patent under the best prior art during examination of rejection of a claim in an application on reexamination is rejected or objected to, an application with the need to avoid the basis of a commonly assigned any evidence submitted to traverse the undue interference with the published application; (3) the rejection rejection or objection on a basis not examination of the application. The of a claim in a patent under otherwise provided for must be by way Office considers a time period of two reexamination on the basis of a of an oath or declaration under § 1.132. months from the date of publication of commonly assigned patent; and (4) the Comment 40: One comment suggested the application or prior to the mailing rejection of a claim in a patent under that the reference in § 1.137(d)(2) of a notice of allowance, whichever is reexamination on the basis of a requiring that a terminal disclaimer also earlier, as striking a better balance commonly assigned published apply to utility or plant applications between these interests. application. filed after June 8, 1995, is unnecessary. Comment 36: One comment The oath or declaration under Response: Section 1.137(d)(2) as questioned how the time period § 1.130(a)(2) may be signed by the adopted provides that such a terminal specified in § 1.99(e) would apply to an inventor(s), a registered practitioner of disclaimer also apply to utility or plant international application. record, or the assignee of the entire applications filed before (not after) June Response: The submission must be interest. See MPEP 718. 8, 1995. filed within two months of the Section 1.130 requires such an oath or Comment 41: One comment suggested publication of the application under 35 declaration because the assignee that the requirement for a terminal U.S.C. 122(b), and not the IB information in the terminal disclaimer disclaimer in an application abandoned publication, or prior to the mailing of a or recorded assignments may not be due to the applicant’s failure to timely notice of allowance, whichever is current, and the applicant is in the best notify the Office of a foreign filing was earlier. position to verify that the application or unfair because such abandonment will Comment 37: One comment contained patent under reexamination and patent not delay prosecution of the application. a number of questions and suggestions or published application are currently Response: Section 1.137(d) does not concerning § 1.130: (1) § 1.130 does not owned by the same party. require a terminal disclaimer for a address the change to 35 U.S.C. 103(c) Comment 38: One comment suggested utility or plant application filed on or in § 4807 of the American Inventors that the second sentence of § 1.131 is after June 8, 1995, and the eighteen- Protection Act of 1999 and has a unnecessary and inappropriately omits month publication provisions of the confusing heading; (2) the requirement any reference to 35 U.S.C. 102(a), and American Inventors Protection Act of for an oath or declaration that ‘‘the that the phrase ‘‘by reference to acts’’ 1999 apply only to utility or plant application or patent under appears to have been inadvertently applications filed on or after November reexamination and patent or published omitted in the subsequent two 29, 2000. application are currently owned by the sentences. Comment 42: One comment suggested same party’’ is confusingly written; (3) Response: The second sentence of that the provisions of § 1.137(f) should it is not clear who must make the § 1.131(a) provides that the effective include punitive measures to avoid required oath or declaration under date of a U.S. patent, U.S. patent frivolous or fraudulent nonpublication § 1.130(a)(2); and (4) it is not clear why application publication, or international requests, since an applicant should such an oath or declaration is necessary application publication under PCT make a nonpublication request only since this information is available in the Article 21(2) is the earlier of its when positive that an application will terminal disclaimer and assignments. publication date or the date that it is not be filed in a foreign country, and Response: Section 1.130 was adopted effective as a reference under 35 U.S.C. would be seriously negligent to in September of 1996 to address those 102(e). While the second sentence of intentionally make such a situations in which: (1) The rejection in § 1.131 is technically unnecessary, it nonpublication request, subsequently an application or patent under serves as a reminder that the effective file in a foreign country, and then fail reexamination to be overcome is a date of a U.S. patent, U.S. patent to satisfy his or her obligation to timely rejection under 35 U.S.C. 103 in view of application publication, or international notify the Office that a corresponding a U.S. patent which is not prior art application publication under PCT application has been filed in a foreign under 35 U.S.C. 102(b); (2) the Article 21(2), for prior art purposes, may country. The comment suggested similar inventions defined by the claims in the be earlier than its publication date (i.e., treatment for applications for which a application or patent under its effective date under 35 U.S.C. redacted copy was submitted for reexamination and by the claims in the 102(a)). In addition, the phrase ‘‘by publication, and the redacted copy
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Response: Since an applicant would rely upon their applications being Response: The IB publication of an have to be ‘‘seriously negligent’’ to maintained in confidence, and that international application will not be submit a nonpublication request on eighteen-month publication does not included in the Office’s patent filing, subsequently file a corresponding promote the useful arts and sciences as application publication search database. application in a foreign country, and to small corporations and independent The Office must (re)publish then unintentionally fail to timely notify inventors who rely upon their international applications that entered the Office that a corresponding applications being maintained in the national stage to place these application has been filed in a foreign confidence. Another comment suggested applications into its patent application country, the Office expects few petitions that eighteen-month publication will publication search database. The benefit to revive an application under the benefit only large companies to the gained by ensuring that these prior art provisions of § 1.137(f). If an applicant detriment of small corporations and documents will be included in the intentionally (or fraudulently) delays independent inventors, and a patent Office’s patent application publication notifying the Office that a corresponding application should be maintained in search database outweighs the cost of application has been filed in a foreign confidence until a patent is granted. (re)publishing these applications. country, the applicant cannot revive the Response: The proposed changes to Since § 1.211(a) states that ‘‘each application under § 1.137 (or if revival the rules of practice concern how (and international application in compliance is obtained on the basis of improper not whether) the Office will implement with 35 U.S.C. 371 will be published statements, such revival will not likely the eighteen-month publication promptly after the expiration of a period survive court review during any attempt provisions of the American Inventors of eighteen months from the earliest to enforce the patent). An applicant who Protection Act of 1999. In any event, the filing date for which a benefit is sought intentionally submits an improperly eighteen-month publication provisions under title 35, United States Code.’’ No redacted copy of an application for of the American Inventors Protection amendment to § 1.211(a) is necessary for publication is not dealing with the Act of 1999 permit small corporations it to explicitly state that the Office will Office consistent with the duty of and independent inventors (or any publish an international application that is in compliance with 35 U.S.C. 371 candor and good faith (§ 1.56), and will applicant) who do not file counterpart (regardless of whether the international likely meet a similar fate when foreign or international applications application has been published by the attempting to enforce any patent (which are subject to eighteen-month IB under PCT Article 21 in English). resulting from the application. publication) to ‘‘opt-out’’ of eighteen- Comment 43: One comment suggested Comment 48: One comment suggested month publication (§ 1.213), and that the language of § 1.137(g) does not that the Office clarify the phrase provide provisional rights protection (35 take into account the amendment to 35 ‘‘sufficient time’’ in § 1.211(a) so that U.S.C. 154(d)) to those who do not or U.S.C. 119(e) in § 4801(b) of the applicants in the same situations will be cannot ‘‘opt-out’’ of eighteen-month American Inventors Protection Act of treated the same. publication. 1999. Response: The Office cannot remove Response: Section 1.137(g) contains Comment 46: One comment suggested an application from the publication the phrase ‘‘[s]ubject to the provisions of that the eighteen-month period for process later than two weeks from the 35 U.S.C. 119(e)(3) and § 1.7(b),’’ to take publication of an application should not projected date of publication. Thus, the into account the amendment to 35 include a prior application for which phrase ‘‘sufficient time’’ means that the U.S.C. 119(e) in § 4801(b) of the the application claims a benefit as a application must issue as a patent at American Inventors Protection Act of continuation-in-part application. least two weeks before its projected 1999. Response: 35 U.S.C. 122(b) provides publication date. Section 1.211(a) does Comment 44: One comment suggested for publication at eighteen months not include a specified time frame that the Office create a special box to ‘‘from the earliest filing date for which because improvements in the which an express abandonment being a benefit is sought under this title.’’ publication process may permit the made to avoid publication are to be Thus, 35 U.S.C. 122(b) provides that this Office to remove an application from the mailed to allow ‘‘last minute’’ express eighteen-month period is measured publication process later than two abandonments to achieve their goal of from the earliest claimed filing date, weeks from the projected date of avoiding publication. whether the benefit of that filing date is publication. Response: Petitions under § 1.138 claimed as a continuation, divisional, or Comment 49: One comment suggested should be addressed to: Box PGPUB– continuation-in-part application. that the burden should be on the Office ABN. While addressing a petition under Comment 47: Several comments to determine whether a corresponding § 1.138 to Box PGPUB–ABN will suggested that it is inefficient and application has been filed in a country increase the chances of such petition inappropriate to (re)publish an that requires eighteen-month being received by the appropriate international application if the publication. The comment also officials in sufficient time to avoid international application has been suggested that the Office publish only publication of an application, it is published by the IB under PCT Article applications that the Office can unlikely that a petition under § 1.138 21 in English. One comment suggested demonstrate that the application has filed within four weeks of the projected that PCT Article 29 and 35 U.S.C. 374 been or will be filed in a country that date of publication will be effective to equate the IB publication of an requires eighteen-month publication or avoid publication under any international application to the if the applicant affirmatively requests circumstance. Thus, applicants should publication of the application under 35 publication. The comment also not rely upon Box PGPUB–ABN as U.S.C. 122(b). Another comment suggested that an applicant’s failure to permitting ‘‘last minute’’ express suggested that if the Office means to timely notify the Office of a foreign abandonments to achieve their goal of publish an international application filing should not result in abandonment avoiding publication. even if the international application has of the application, and that the Office Comment 45: One comment suggested been published by the IB under PCT should send reminders of this obligation that eighteen-month publication will Article 21 in English, the Office should to those applicants who file a
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The comments 122(b)(2)(B)(iii) provides that an Response: The Office will review an specifically suggested that: (1) The application is abandoned (by operation application to determine whether it is Office should not mandate the filing of of law) if an applicant submits a appropriate to grant a foreign filing a copy of an application for publication nonpublication request, subsequently license even if the applicant files a purposes by EFS until the Office has files a corresponding application in a nonpublication request with the demonstrated that EFS is fully foreign country, and then fails to timely application because: (1) The applicant functional; (2) applicants’ experience notify the Office that a corresponding may subsequently file the application in with the Office’s pilot EFS program has application has been filed in a foreign a foreign country that requires eighteen- been plagued with extra costs and country. 35 U.S.C. 122(b)(2)(B) does not month publication and notify the Office information system problems; (3) an provide for the Office to determine or of such filing; and (2) not all foreign EFS submission requirement effectively demonstrate whether a corresponding countries require eighteen-month excludes the small inventor community; application has been filed in a foreign publication. and (4) the EFS submission requirement country or to issue reminders to Comment 53: Several comments effectively deprives most applicants of applicants who filed a nonpublication suggested that § 1.215 also state that the the right to seek voluntary publication request with their applications. patent application publication include or publication of an application ‘‘as- Comment 50: One comment suggested the classification of the patent amended’’ by requiring a copy of the that the certification requirement of application. previously filed application to be § 1.213 is too severe, and that an Response: The Office plans to include submitted in a particular filing system. applicant should be required to certify the classification on the front page of a Response: A key objective of any pilot only that a foreign filing is not patent application publication. The program is to identify improvements contemplated and that the applicant rules of practice do not set forth the that can or should be made to the will notify the Office promptly in the particulars of what appears on the front program. EFS pilot participant event that a foreign filing occurs. page of a patent. Therefore, it is not experiences have identified such Response: The certification required necessary for the rules of practice to set improvements for the EFS software, and by § 1.213 tracks the certification forth this or other particulars of what the Office has enhanced EFS based required by 35 U.S.C. 122(b)(2)(B)(i) will appear on the front page of a patent upon such experiences. EFS as (‘‘the invention disclosed in the application publication. enhanced will permit applicants to application has not and will not be the Comment 54: Several comments create a copy of the patent application subject of an application filed in another suggested that the Office provide a text in a familiar word processing country, or under a multilateral ‘‘transitional publication arrangement’’ environment with minimal effort. The international agreement, that requires for applications that are due for accuracy and speed resulting from the publication of applications 18 months publication shortly after they are filed improvements to the authoring tool after filing’’). The suggested ‘‘less (due to a claim under 35 U.S.C. 120). (word processing software for creating severe’’ certification would not be The comment specifically suggested that tagged patent application specification consistent with the certification applicants should be given some period text), and the EFS desktop software required by 35 U.S.C. 122(b)(2)(B)(i). of time (after the filing date) within (used for the submission of a copy of an Comment 51: One comment suggested which to comply with the requirements application via EFS), will facilitate the that since submission of a for publication before the delay in timely and efficient publication of nonpublication request is a serious compliance serves as a basis for a applications. matter and an application for which a reduction in any patent term Examples of improvements to be nonpublication request is submitted adjustment. implemented by November of 2000 in requires exception handling, the Office Response: The notice of proposed the next release of the Patent should charge a substantial fee for rulemaking sets forth with particularity Application Specification Authoring submitting a nonpublication request. the Office’s planning approach to Tool (PASAT) are: (1) An enhanced Response: While the submission of a eighteen-month publication. Therefore, Office Assistant function including nonpublication request and certification the public has been given over seven capability to enable or disable the help should be considered a ‘‘serious matter’’ months of notice of the requirements an option; (2) the addition of keyboard by applicant, the ‘‘exception application must meet to be in short cuts to facilitate authoring; (3) processing’’ required for an application condition for eighteen-month enhanced editing capabilities to be in which a nonpublication request is publication. Since any applicant filing available, for example, inserting special submitted is not sufficient to warrant an application on or after November 29, characters during a ‘‘paste text’’ process; charging a processing fee. The patent 2000, has been given this notice of the (4) the capability to copy and paste statute does not authorize the Office to requirements an application must meet tables from an existing word processing charge ‘‘a substantial fee’’ (or surcharge) to be in condition for eighteen-month document; and (5) an enhanced simply because of the seriousness of the publication, the Office is not providing authoring tool that will support request and certification. a ‘‘transitional publication Microsoft Windows 2000 and Word Comment 52: Several comments arrangement.’’ The impact that a delay 2000 software. requested clarification on whether the in compliance with the requirements for The Office also plans to have the Office would grant a foreign filing publication will have on patent term following improvements in the desktop license in the situation in which an adjustment is set forth in 35 U.S.C. software (electronic Packaging and application is filed with a 154(b)(2)(C)(ii) and § 1.704(b). Validation Engine (ePAVE)) in place by nonpublication request (which must Comment 55: Several comments the fall of 2000: (1) A feature permitting certify that the invention disclosed in suggested that the Office’s reliance upon applicants to enter free-form text
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(comments) as part of the electronic Comment 58: One comment if the applicant wants the patent filing transmittal; (2) providing for the questioned how a continued application publication to include entry of the application information for prosecution application (CPA) under assignee information, the applicant the application data sheet (§ 1.76); and § 1.53(d) would be published as a patent must include the assignee information (3) preview and printing of patent application publication, and suggested on the application transmittal sheet or application information before that the Office use the claims as filed in the application data sheet (§ 1.76). submission. a CPA as they existed at the termination Comment 60: One comment suggested These new features will be fully of prosecution (in the prior application) that the Office print the assignment tested as part of the software quality as the basis for the patent application information contained in its assignment assurance component of the Office’s publication due to the provisional rights records on patent application system development process for requirements of 35 U.S.C. 154(d). publications, rather than relying upon managing software development and Response: The Office has amended or expecting applicants to provide this deployment. Thus, EFS will be § 1.53(d)(1)(i) to provide that the prior information on a separate paper. sufficiently enhanced by the fall of 2000 application of a CPA (utility or plant) Response: The Office does not require to be relied upon for submission of a must have been filed prior to May 29, that appropriate assignee information be copy of an application to the Office 2000. See Changes to Application printed on a patent and does not plan under the optional publication Examination and Provisional to require that appropriate assignee provisions of §§ 1.215, 1.217, and 1.221. Application Practice, Interim Rule, 65 information be printed on a patent Finally, the Office has also conducted FR 14865, 14872 (Mar. 20, 2000), 1233 application publication. Therefore, the a number of workshops concerning its Off. Gaz. Pat. Office 47 (Apr. 11, 2000). Office plans to simply print such Patent Electronic Business Center This should cause CPA practice (in assignee information as is provided by (which include filings under EFS) utility or plant applications) to phase an applicant, rather than automatically through the Patent and Trademark out and limit the instances in which the include assignee information from its assignment records on a patent Depository Libraries (PTDLs). These Office must publish a CPA. The Office application publication. workshops include a portion plans to create a patent application publication for a CPA under § 1.53(d) Comment 61: One comment suggested specifically directed at independent that applicants should receive inventors. using its PACR database or microfilm records. Thus, a patent application confirmation of a nonpublication Comment 56: One comment suggested publication for a CPA will reflect the request on the filing receipt. The that the Office permit applicants to file prior application (the application comment also suggested that if the paper copies of applications for originally assigned the application publication date is changed at all (and publication and charge a fee to recover number assigned to the CPA) as filed. not just by more than two weeks), the the cost of converting the application For this reason, any applicant filing a applicants should be notified of the new into an electronic format. CPA under § 1.53(d) on or after publication date. Response: The suggested approach is November 29, 2000, is advised to also Response: If a nonpublication request impractical in view of the current nature file a copy of the application-as- is filed with an application, the filing of the Office’s budget. The Office cannot amended for publication purposes to receipt for the application will indicate spend the fees it collects absent take full advantage of provisional rights ‘‘No Publication’’ to confirm receipt of authority from Congress to do so. under 35 U.S.C. 154(d). the nonpublication request to the Recently, Congress has not authorized Comment 59: One comment suggested applicant. If the application has not yet the Office to spend all of the fees it that the Office clarify the ‘‘separate entered the fourteen-week publication collects; rather, Congress has authorized paper’’ requirement for assignee cycle, the applicant will be notified of the Office to spend up to only a certain information to be printed on the patent any changes in the publication date. If amount of the fees it collects and application publication (e.g., whether it the application has entered the fourteen- diverted the remaining fees to other can be included on a transmittal letter, week publication cycle, the applicant programs. Thus, even if the Office whether a separate paper is required for will only be notified of changes in the collects the suggested fee (ostensibly to each item of information). Another publication date if the publication date recover the Office’s cost of converting comment suggested that since it will is changed by more than two weeks. the application into an electronic benefit the public to have assignee Comment 62: One comment suggested format), such fees would likely be information included on the patent that the Office should place paper diverted from the Office leaving the application publication, the Office copies of patent application Office with no funding to actually should provide a convenient manner of publications in the Public Search Room recover the Office’s cost of converting submitting assignee information for and in the examiners’ search rooms. the application into an electronic inclusion on the patent application Response: The Office has considered format. publication. Another comment placing paper copies of patent Comment 57: One comment suggested that the Office set forth a form application publications in the Public questioned how color drawings, which or format to avoid confusion over the Search Room and in the examiners’ are still permitted to be filed on paper requirements for submitting assignee search rooms. The Office, however, is and are not permitted by EFS, can be information for inclusion on the patent migrating to a fully electronic search submitted via EFS. application publication. and the investment necessary to create Response: Patent application Response: Section 1.76 has been and maintain both electronic and paper publications will not contain color revised to provide for the inclusion of collections of patent application drawings (if an application is filed with assignee information on the application publications is not feasible. color drawings, the patent application data sheet. See § 1.76(b)(7). Assignee Comment 63: One comment suggested publication will include only a black- information is the name (either person that the Office should place its weekly and-white copy of the color drawings). or juristic entity) and address of the volumes of patent application Therefore, it is unnecessary to provide assignee of the entire right, title, and publications on its Internet Web site so for color drawings to be submitted by interest in an application. Section that they are as readily available as EFS for publication purposes. 1.215(b) has been revised to provide that issued U.S. patents.
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Response: The Office plans to place application will already be in the Comment 69: One comment suggested its weekly volumes of patent application publication cycle by sixteen months that the Office should provide an publications (both image and text- from the earliest priority date. The opportunity to correct a defective EFS searchable) on its Internet Web site. Office does not treat applications for publication submission for voluntary Comment 64: A number of comments which a redacted copy is submitted for publication or republication of an opposed the publication of only a publication in the same manner as other application, rather than simply redacted copy of an application (rather applications because the filing of a refunding the publication fee and not than the entire application). One redacted copy of an application for publishing the application as provided comment questioned whether a redacted publication (unlike other applications) in § 1.221. copy of an application satisfied the places a significant burden on the Response: The Office plans to treat a ‘‘actual notice’’ requirement of 35 U.S.C. Office. defective EFS publication submission 154(d). Comment 66: One comment suggested by attempting to contact the submitter Response: The filing of a redacted that it was not clear how to indicate the (by telephone) to obtain correction of copy of an application for publication is portion of the redacted contents of an the submission (with a new submission provided for in 35 U.S.C. application for which a redacted copy is that is correct). The provision in § 1.221 122(b)(2)(B)(v). Whether publication of a submitted for publication. concerning the refunding of the redacted copy of an application will Response: The redacted copy of the publication fee and not publishing the satisfy the provisional rights application being submitted for application will apply in those requirements of 35 U.S.C. 154(d) will publication should simply not include situations in which the Office’s attempts depend upon the particulars of the the portions that have been redacted. to contact the submitter or obtain situations. Any applicant seeking The ‘‘marked up’’ copy of the correction of the EFS submission are provisional rights requirements of 35 application showing the redaction that unsuccessful. U.S.C. 154(d) but planning to file a is submitted for the application file Comment 70: One comment suggested that the Office provide a box other than redacted copy of an application for should show the portions that have been publication should carefully consider ‘‘Box PCT’’ in § 1.417 for receipt of an redacted in brackets. the provisions of the last sentence of 35 international publication or copy of an Comment 67: One comment suggested U.S.C. 122(b)(2)(B)(v). English-language translation of an that since maintaining the file of an Comment 65: Several comments international application under 35 application for which a redacted copy of suggested that the requirements (e.g., U.S.C. 154(d)(4) to avoid the the application was submitted for use of EFS, multiple copies of commingling of these papers with other submissions and Office actions, publication in a partially published/ PCT submissions. bracketed copy of application showing partially unpublished condition Response: The Office does not redactions, and copies and translations requires exception handling, these consider a separate box (other than ‘‘Box of foreign applications) for a redacted applicants should be charged a PCT’’) for copies of an international copy of an application for publication, significant fee ($500) and not just the publication or copies of an English are so onerous they frustrate the $130 processing fee set forth in § 1.17(i). language translation of an international purpose of the statute. The comments Response: As indicated above, filing a application under 35 U.S.C. 154(d)(4) to suggested that the Office should not redacted copy of an application for be necessary. The Office will create require that a redacted copy of an publication and maintaining a set of such a separate box in the event that a application submitted for publication redacted papers in the application does separate box for copies of an purposes be filed by EFS. One comment place a significant burden on the Office. international publication or copy of an also suggested that the Office should The $130 processing fee set forth in English language translation of an treat applications for which a redacted § 1.17(i), which must accompany each international application under 35 copy is submitted for publication the submission under § 1.17(d)(1) or U.S.C. 154(d)(4) proves to be necessary. same as other applications. § 1.17(d)(2) (§ 1.17(d)(3)) is considered Comment 71: One comment suggested Response: The Office is requiring a an appropriate fee for this special that the Office draft a rule stating what copy of the application showing handling. fact situation must exist for an redactions in brackets and copies and Comment 68: One comment suggested international application to have translations of foreign counterpart that the certificate of mailing provisions provisional rights protection in the applications so that the applicant will of § 1.8 should apply to the filing of United States (noting PCT Article 29(2)). compare the application as redacted to materials relating to submission of a Response: The Office is not charged the foreign counterpart applications to redacted copy of an application for with administering provisional rights ensure that any redaction is appropriate. publication (§ 1.217). under 35 U.S.C. 154(d) and the This will help to avoid the situation in Response: Since the redacted copy of enforcement of provisional rights will which an applicant inadvertently an application for publication must be not be via a proceeding in the Office. redacts material that was in fact submitted via EFS (and not via the Therefore, the Office is not contained in a foreign counterpart mail), the certificate of mailing practice promulgating regulations concerning application. The Office requires set forth in § 1.8 is inapplicable to the what situation must exist for any type multiple copies of submissions and submission of a redacted copy of an of application to have provisional rights Office actions so that the Office will application for publication. In view of protection. See 35 U.S.C. 2(b)(2)(A). have an appropriately redacted copy of the significant burden that filing a Comment 72: Several comments the application that can be provided redacted copy of an application for suggested that the Office clarify the when the Office needs to provide a publication places on the Office, the following issues concerning the member of the public with such a copy. Office considers it appropriate to treatment of sequence listings: (1) the The Office requires EFS submission of require such an applicant to provide the latest date on which a sequence listing a redacted copy of an application for Office with the document necessary for must be submitted to avoid a delay in publication because the Office must processing the application by means the transfer of an application to the have the copy submitted via the most that ensure that such documents are Technology Centers (and without efficient means available (EFS) since the promptly received in the Office. reduction of any patent term
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Reduction Act of 1995 (44 U.S.C. 3501 Small Business Administration, that the will be treated as strictly as non- et seq.). The collections of information compliance with the drawings changes in this final rule do not have a involved in this final rule have been requirements of § 1.84 (and, if so, what significant impact on a substantial reviewed and previously approved by changes will be implemented to reduce number of small entities (Regulatory OMB under OMB control numbers: complications associated with the use of Flexibility Act, 5 U.S.C. 605(b)). This 0651–0021, 0651–0027, 0651–0031, sequence listing authoring and final rule implements the eighteen- 0651–0032, 0651–0033, and 0651–0034. submission software); and (4) precisely month publication provisions of §§ 4501 As required by the Paperwork how an applicant is to make a reference through 4508 of the American Inventors Reduction Act of 1995 (44 U.S.C. to a previously filed sequence listing. Protection Act of 1999. The changes in 3507(d)), the United States Patent and Response: An application will not be this final rule provide procedures for Trademark Office submitted an transferred to the Technology Centers the eighteen-month publication of information collection package to OMB until it contains a sequence listing (if patent applications. for its review and approval of the information collections under OMB required) that complies with § 1.821 et An applicant may file a control number 0651–0031 and 0651– seq. The impact that a delay in filing a nonpublication request (opt-out of sequence listing (if required) that 0032. The United States Patent and eighteen-month publication) if the complies with § 1.821 et seq. will have Trademark Office is submitting these invention disclosed in the application on patent term adjustment is set forth in information collections to OMB for its 35 U.S.C. 154(b)(2)(C)(ii) and § 1.704(b). has not and will not be the subject of an review and approval because this final Sequence submission software for application filed in another country, or rule adds the nonpublication request, creating sequence listings is available under a multilateral international rescission of the nonpublication request, for download, and is available to make agreement, that requires eighteen-month electronic filing system copy of the it easier to comply. Applicants are not publication. Since almost all small application (for publication purposes), required to use this software, and need entities file patent applications only in copy of the application file content not do so if they feel it does not meet the United States, almost all small showing redactions, and petition to their needs. Applicants are only entities can choose whether they want accept a delayed priority claim to these required to follow the format outlined in their applications to be subject to collections. § 1.821 et seq. Applicants may also eighteen-month publication. The Office As discussed above, this final rule obtain the ‘‘checker’’ software to check receives roughly 60,000 applications also involves currently approved their submissions prior to sending them each year from small entities. Based information collections under OMB to the Office to reduce the chance of upon input from small entity groups control numbers: 0651–0021, 0651– errors. This ‘‘checker’’ software is also during the legislative process, the Office 0027, 0651–0033, and 0651–0034. The United States Patent and Trademark available for download. expects that small entities will file a Office is not resubmitting those As discussed above, rather than nonpublication request for roughly permit an EFS copy of an application information collection packages to OMB 30,000 applications (fifty percent) with for its review and approval because the being submitted to the Office for the remaining 30,000 applications being eighteen-month publication purposes to changes in this final rule do not affect subject to eighteen-month publication. the information collection requirements simply contain a reference to a Since the current application allowance previously filed sequence listing, the associated with the information rate is roughly sixty-seven percent, Office is requiring that the EFS copy collections under those OMB control roughly 20,000 applications subject to contain a text file copy of the sequence numbers. eighteen-month publication will be listing. The title, description and respondent allowed, at which time a publication fee description of each of the information Classification ($300) will be due. Since the collections are shown below with an Administrative Procedure Act publication fee is less than one-third of estimate of each of the annual reporting the combined cost of the application burdens. Included in each estimate is The changes to §§ 1.19, 1.76 and 1.103 filing fee ($345) and patent issue fee the time for reviewing instructions, were not included in the Notice of ($605), there will not be a significant gathering and maintaining the data Proposed Rulemaking. The change to economic impact on a substantial needed, and completing and reviewing § 1.19 merely sets forth the fees for number of small entities due to the collection of information. copies of patent application eighteen-month publication. OMB Number: 0651–0021. publications, the change to § 1.76 Title: Patent Cooperation Treaty. merely provides that assignee Executive Order 13132 Form Numbers: PCT/RO/101, information may be included on the ANNEX/134/144, PTO–1382, PCT/ application data sheet, and the change This rulemaking does not contain IPEA/401, PCT/IB/328. to § 1.103 merely sets forth the policies with federalism implications Type of Review: Approved through conditions under which the Office will sufficient to warrant preparation of a September of 2000. defer examination of an application. Federalism Assessment under Executive Affected Public: Individuals or Therefore, these changes concern only Order 13132 (Aug. 4, 1999). households, business or Other for-profit
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Type of Review: Approved through Needs and Uses: The information Title: Initial Patent Application. January of 2001. collected is required by the Patent Form Number: PTO/SB/01–07/ Affected Public: Individuals or Cooperation Treaty (PCT). The general 13PCT/17–19/29/101–110. households, business or other for-profit purpose of the PCT is to simplify the Type of Review: Approved through institutions, not-for-profit institutions filing of patent applications on the same October of 2002. and Federal Government. invention in different countries. It Affected Public: Individuals or Estimated Number of Respondents: provides for a centralized filing households, business or other for-profit 2,187. procedure and a standardized institutions, not-for-profit institutions Estimated Time Per Response: 0.67 application format. and Federal Government. hour. OMB Number: 0651–0027. Estimated Number of Respondents: Estimated Total Annual Burden Title: Changes in Patent and 334,100. Hours: 1,476 hours. Trademark Assignment Practices. Estimated Time Per Response: 8.95 Needs and Uses: In the interest of Form Numbers: PTO–1618 and PTO– hours. national security, patent laws and 1619, PTO/SB/15/41. Estimated Total Annual Burden regulations place certain limitations on Type of Review: Approved through Hours: 2,990,260 hours. the disclosure of information contained May of 2002. Needs and Uses: The purpose of this in patents and patent applications and Affected Public: Individuals or information collection is to permit the on the filing of applications for patent Households and Businesses or Other Office to determine whether an in foreign countries. For-Profit Institutions. application meets the criteria set forth Estimated Number of Respondents: in the patent statute and regulations. The principal impact of the changes 209,040. The standard Fee Transmittal form, New in this final rule is to implement the Estimated Time Per Response: 0.5 Utility Patent Application Transmittal changes to Office practice necessitated hour. form, New Design Patent Application by §§ 4501 through 4508 of the Estimated Total Annual Burden Transmittal form, New Plant Patent American Inventors Protection Act of Hours: 104,520 hours. Application Transmittal form, 1999 (enacted into law by § 1000(a)(9), Needs and Uses: The Office records Declaration, and Plant Patent Division B, of Public Law 106–113). about 209,040 assignments or Application Declaration will assist Comments are invited on: (1) Whether documents related to ownership of applicants in complying with the the collection of information is patent and trademark cases each year. requirements of the patent statute and necessary for proper performance of the The Office requires a cover sheet to regulations, and will further assist the functions of the agency; (2) the accuracy expedite the processing of these Office in processing and examination of of the agency’s estimate of the burden; documents and to ensure that they are the application. (3) ways to enhance the quality, utility, properly recorded. OMB Number: 0651–0033. and clarity of the information to be OMB Number: 0651–0031. Title: Post Allowance and Refiling. collected; and (4) ways to minimize the Title: Patent Processing (Updating). Form Numbers: PTO/SB/13/14/44/ burden of the collection of information Form Numbers: PTO/SB/08/21–27/ 50–57; PTOL–85b. to respondents. 30–31/42/43/61/62/63/64/67/68/91/92/ Type of Review: Approved through Interested persons are requested to 96/97. September of 2000. send comments regarding these Type of Review: Approved through Affected Public: Individuals or information collections, including October of 2002. households, business or other for-profit suggestions for reducing this burden, to Affected Public: Individuals or institutions, not-for-profit institutions Robert J. Spar, Director, Office of Patent households, business or other for-profit and Federal Government. Legal Administration, United States institutions, not-for-profit institutions Estimated Number of Respondents: Patent and Trademark Office, and Federal Government. 135,250. Washington, D.C. 20231, or to the Office Estimated Number of Respondents: Estimated Time Per Response: 0.325 of Information and Regulatory Affairs of 2,231,365. hour. OMB, New Executive Office Building, Estimated Time Per Response: 0.46 Estimated Total Annual Burden 725 17th Street, N.W., Room 10235, hours. Hours: 43,893 hours. Washington, D.C. 20503, Attention: Estimated Total Annual Burden Needs and Uses: This collection of Desk Officer for the United States Patent Hours: 1,018,736 hours. information is required to administer and Trademark Office. Needs and Uses: During the the patent laws pursuant to title 35, Notwithstanding any other provision processing of an application for a U.S.C., concerning the issuance of of law, no person is required to respond patent, the applicant/agent may be patents and related actions including to nor shall a person be subject to a required or desire to submit additional correcting errors in printed patents, penalty for failure to comply with a information to the Office concerning the refiling of patent applications, collection of information subject to the examination of a specific application. requesting reexamination of a patent, requirements of the Paperwork The specific information required or and requesting a reissue patent to Reduction Act unless that collection of which may be submitted includes: correct an error in a patent. The affected information displays a currently valid Information Disclosure Statements; public includes any individual or OMB control number.
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List of Subjects copies of those assignment records may application for patent, including status be obtained upon request and payment information, and access to the 37 CFR Part 1 of the fee set forth in § 1.19 and § 2.6 of application, will only be given to the Administrative practice and this chapter. public as set forth in § 1.11 or in this procedure, Courts, Freedom of * * * * * section. Information, Inventions and patents, (b) Assignment records, digests, and (1) Status information is: Reporting and record keeping indexes relating to any pending or (i) Whether the application is requirements, Small businesses. abandoned patent application which pending, abandoned, or patented; (ii) Whether the application has been 37 CFR Part 5 has not been published under 35 U.S.C. 122(b) are not available to the public. published under 35 U.S.C. 122(b); and Classified information, Foreign Copies of any such assignment records (iii) The application ‘‘numerical relations, Inventions and patents. and related information shall be identifier’’ which may be: For the reasons set forth in the obtainable only upon written authority (A) The eight-digit application preamble, 37 CFR Parts 1 and 5 are of the applicant or applicant’s assignee number (the two-digit series code plus amended as follows: or attorney or agent or upon a showing the six-digit serial number); or (B) The six-digit serial number plus that the person seeking such PART 1ÐRULES OF PRACTICE IN any one of the filing date of the national information is a bona fide prospective PATENT CASES application, the international filing date, or actual purchaser, mortgagee, or or date of entry into the national stage. 1. The authority citation for 37 CFR licensee of such application, unless it (2) Access is defined as providing the Part 1 continues to read as follows: shall be necessary to the proper conduct application file for review and copying of business before the Office or as Authority: 35 U.S.C. 2(b)(2). of any material in the application file. 2. Section 1.9 is amended by revising provided in this part. (b) When status information may be paragraph (c) to read as follows: * * * * * supplied. Status information of an 5. Section 1.13 is revised to read as application may be supplied by the § 1.9 Definitions. follows: Office to the public if any of the * * * * * following apply: (c) A published application as used in § 1.13 Copies and certified copies. (1) Access to the application is this chapter means an application for (a) Non-certified copies of patents, available pursuant to paragraph (e) of patent which has been published under patent application publications, and this section; 35 U.S.C. 122(b). trademark registrations and of any (2) The application is referred to by its * * * * * records, books, papers, or drawings numerical identifier in a published 3. Section 1.11 is amended by revising within the jurisdiction of the United patent document (e.g., a U.S. patent, a paragraph (a) to read as follows: States Patent and Trademark Office and U.S. patent application publication, or open to the public, will be furnished by an international application § 1.11 Files open to the public. the United States Patent and Trademark publication), or in a U.S. application (a) The specification, drawings, and Office to any person, and copies of other open to public inspection (§ 1.11(b), or all papers relating to the file of an records or papers will be furnished to paragraph (e)(2)(i) or (e)(2)(ii) of this abandoned published application, persons entitled thereto, upon payment section); except if a redacted copy of the of the appropriate fee. (3) The application is a published application was used for the patent (b) Certified copies of patents, patent international application in which the application publication, a patent, or a application publications, and trademark United States of America has been statutory invention registration are open registrations and of any records, books, indicated as a designated state; or to inspection by the public, and copies papers, or drawings within the (4) The application claims the benefit may be obtained upon the payment of jurisdiction of the United States Patent of the filing date of an application for the fee set forth in § 1.19(b)(2). See and Trademark Office and open to the which status information may be § 2.27 for trademark files. public or persons entitled thereto will provided pursuant to paragraphs (b)(1) * * * * * be authenticated by the seal of the through (b)(3) of this section. 4. Section 1.12 is amended by revising United States Patent and Trademark (c) When copies may be supplied. A paragraphs (a)(1) and (b) to read as Office and certified by the copy of an application-as-filed or a file follows: Commissioner, or in his or her name wrapper and contents may be supplied attested by an officer of the United by the Office to the public[, subject to § 1.12 Assignment records open to public States Patent and Trademark Office paragraph (i) of this section (which inspection. authorized by the Commissioner, upon addresses international applications),] if (a)(1) Separate assignment records are payment of the fee for the certified copy. any of the following apply: maintained in the United States Patent 6. Section § 1.14 is amended by (1) Application-as-filed. and Trademark Office for patents and revising paragraphs (a), (b), (c), (e), (i) (i) If a U.S. patent application trademarks. The assignment records, and (j) to read as follows: publication or patent incorporates by relating to original or reissue patents, reference, or includes a specific including digests and indexes (for • 1.14 Patent applications preserved in reference under 35 U.S.C. 119(e) or 120 assignments recorded on or after May 1, confidence. to, a pending or abandoned application, 1957), published patent applications, (a) Confidentiality of patent a copy of that application-as-filed may and assignment records relating to application information. Patent be provided to any person upon written pending or abandoned trademark applications that have not been request including the fee set forth in applications and to trademark published under 35 U.S.C. 122(b) are § 1.19(b)(1); or registrations (for assignments recorded generally preserved in confidence (ii) If an international application, on or after January 1, 1955), are open to pursuant to 35 U.S.C. 122(a). which designates the U.S. and which public inspection at the United States Information concerning the filing, has been published in accordance with Patent and Trademark Office, and pendency, or subject matter of an PCT Article 21(2), incorporates by
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 57052 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations reference or claims priority under PCT (ii) With respect to the Search Copy, (i), (l), (m) and (p) and adding paragraph Article 8 to a pending or abandoned the U.S. acted as the International (t) to read as follows: U.S. application, a copy of that Searching Authority; or application-as-filed may be provided to (iii) With respect to the Examination § 1.17 Patent application and reexamination processing fees. any person upon written request Copy, the United States acted as the including a showing that the International Preliminary Examining * * * * * publication of the application in Authority, an International Preliminary (h) For filing a petition under one of accordance with PCT Article 21(2) has Examination Report has issued, and the the following sections which refers to occurred and that the U.S. was United States was elected. this paragraph: $130.00. designated, and upon payment of the (2) A copy of an English language § 1.12—for access to an assignment appropriate fee set forth in § 1.19(b)(1). translation of an international record. (2) File wrapper and contents. A copy application which has been filed in the § 1.14—for access to an application. of the specification, drawings, and all United States Patent and Trademark § 1.47—for filing by other than all the papers relating to the file of an Office pursuant to 35 U.S.C. 154(2)(d)(4) inventors or a person not the inventor. abandoned or pending published will be furnished upon written request § 1.53(e)—to accord a filing date. application may be provided to any including a showing that the § 1.59—for expungement and return person upon written request, including publication of the application in of information. the fee set forth in § 1.19(b)(2). If a accordance with PCT Article 21(2) has § 1.84—for accepting color drawings redacted copy of the application was occurred and that the U.S. was or photographs. used for the patent application designated, and upon payment of the § 1.91—for entry of a model or publication, the copy of the appropriate fee (§ 1.19(b)(2) or exhibit. § 1.102—to make an application specification, drawings, and papers may § 1.19(b)(3)). special. be limited to a redacted copy. (3) Access to international application files for international applications § 1.103(a)—to suspend action in an * * * * * which designate the U.S. and which application. (e) Public access to a pending or have been published in accordance with § 1.138(c)—to expressly abandon an abandoned application. Access to an PCT Article 21(2), or copies of a application to avoid publication. application may be provided to any document in such application files, will § 1.182—for decision on a question person[, subject to paragraph (i) of this be furnished in accordance with PCT not specifically provided for. section,] if a written request for access Articles 30 and 38 and PCT Rules 94.2 § 1.183—to suspend the rules. is submitted, the application file is and 94.3, upon written request § 1.295—for review of refusal to available, and any of the following including a showing that the publish a statutory invention apply: publication of the application has registration. (1) The application is open to public occurred and that the U.S. was § 1.313—to withdraw an application inspection pursuant to § 1.11(b); or designated. from issue. (2) The application is abandoned, it is (4) In accordance with PCT Article 30, § 1.314—to defer issuance of a patent. not within the file jacket of a pending copies of an international application- § 1.377—for review of decision application under § 1.53(d), and it is as-filed under paragraph (c)(1) of this refusing to accept and record payment referred to: section will not be provided prior to the of a maintenance fee filed prior to (i) In a U.S. patent application international publication of the expiration of a patent. publication or patent; application pursuant to PCT Article § 1.378(e)—for reconsideration of (ii) In another U.S. application which 21(2). decision on petition refusing to accept is open to public inspection either (5) Access to international application delayed payment of maintenance fee in pursuant to § 1.11(b) or paragraph files under paragraphs (e) and (i)(3) of an expired patent. (e)(2)(i) of this section; or this section will not be permitted with § 1.644(e)—for petition in an (iii) In an international application respect to the Examination Copy in interference. which designates the U.S. and is accordance with PCT Article 38. § 1.644(f)—for request for published in accordance with PCT (j) Access or copies in other reconsideration of a decision on petition Article 21(2). circumstances. The Office, either sua in an interference. * * * * * sponte or on petition, may also provide § 1.666(b)—for access to an (i) International applications. access or copies of all or part of an interference settlement agreement. (1) Copies of international application application if necessary to carry out an § 1.666(c)—for late filing of files for international applications Act of Congress or if warranted by other interference settlement agreement. which designate the U.S. and which special circumstances. Any petition by § 1.741(b)—to accord a filing date to have been published in accordance with a member of the public seeking access an application under § 1.740 for PCT Article 21(2), or copies of a to, or copies of, all or part of any extension of a patent term. document in such application files, will pending or abandoned application § 5.12—for expedited handling of a be furnished in accordance with PCT preserved in confidence pursuant to foreign filing license. Articles 30 and 38 and PCT Rules 94.2 paragraph (a) of this section, or any § 5.15—for changing the scope of a and 94.3, upon written request related papers, must include: license. including a showing that the (1) The fee set forth in § 1.17(h); and § 5.25—for retroactive license. publication of the application has (2) A showing that access to the (i) Processing fee for taking action occurred and that the U.S. was application is necessary to carry out an under one of the following sections designated, and upon payment of the Act of Congress or that special which refers to this paragraph: $130.00. appropriate fee (see § 1.19(b)(2) or circumstances exist which warrant § 1.28(c)(3)—for processing a non- 1.19(b)(3)), if: petitioner being granted access to all or itemized fee deficiency based on an (i) With respect to the Home Copy, the part of the application. error in small entity status. international application was filed with 7. Section 1.17 is amended by revising § 1.41—for supplying the name or the U.S. Receiving Office; the section heading and paragraphs (h), names of the inventor or inventors after
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Section 1.18 is amended by adding language translation of the non-English nonprovisional application filed with a paragraph (d) to read as follows: language provisional application will specification in a language other than not be required in the provisional English. § 1.18 Patent post-allowance (including application. See § 1.78(a) for the § 1.53(b)(3)—to convert a provisional issue) fees. requirements for claiming the benefit of application filed under § 1.53(c) into a * * * * * such provisional application in a nonprovisional application under Publication fee ...... $300.00. nonprovisional application. § 1.53(b). * * * * * * * * * * § 1.55—for entry of late priority 9. Section 1.19 is amended by revising papers. 12. Section 1.55 is amended by paragraph (a) to read as follows: § 1.99(e)—for processing a belated revising paragraph (a) and adding paragraph (c) to read as follows: submission under § 1.99. § 1.19 Document supply fees. § 1.103(b)—for requesting limited * * * * * § 1.55 Claim for foreign priority. suspension of action, continued (a) Uncertified copies of patent (a) An applicant in a nonprovisional prosecution application (§ 1.53(d)). application publications and patents: application may claim the benefit of the § 1.103(c)—for requesting limited (1) Printed copy of the paper portion filing date of one or more prior foreign suspension of action, request for of a patent application publication or applications under the conditions continued examination (§ 1.114). patent, including a design patent, specified in 35 U.S.C. 119(a) through § 1.103(d)—for requesting deferred statutory invention registration, or (d), 172, and 365(a). examination of an application. defensive publication document: § 1.217—for processing a redacted (1)(i) In an original application filed copy of a paper submitted in the file of (i) Regular service, which includes under 35 U.S.C. 111(a), the claim for preparation of copies by the Of- an application in which a redacted copy priority must be presented during the fice within two to three business pendency of the application, and within was submitted for the patent application days and delivery by United publication. the later of four months from the actual States Postal Service or to an Of- filing date of the application or sixteen § 1.221—for requesting voluntary fice Box; and preparation of cop- publication or republication of an ies by the Office within one months from the filing date of the prior application. business day of receipt and de- foreign application. This time period is § 1.497(d)—for filing an oath or livery by electronic means (e.g., not extendable. The claim must identify declaration pursuant to 35 U.S.C. facsimile, electronic mail) ...... $3.00. the foreign application for which 371(c)(4) naming an inventive entity (ii) Next business day delivery to priority is claimed, as well as any Office Box ...... $6.00. different from the inventive entity set foreign application for the same subject (iii) Expedited delivery by com- matter and having a filing date before forth in the international stage. mercial delivery service ...... $25.00. § 3.81—for a patent to issue to that of the application for which priority (2) Printed copy of a plant patent is claimed, by specifying the application assignee, assignment submitted after in color: ...... $15.00. payment of the issue fee. (3) Color copy of a patent (other number, country (or intellectual property authority), day, month, and * * * * * than a plant patent) or statutory year of its filing. The time period in this (l) For filing a petition for the revival invention registration containing paragraph does not apply to an of an unavoidably abandoned a color drawing ...... $25.00. application for a design patent. application under 35 U.S.C. 111, 133, * * * * * (ii) In an application that entered the 364, or 371, for the unavoidably delayed 10. Section 1.24 is removed and national stage from an international payment of the issue fee under 35 U.S.C. reserved. application after compliance with 35 151, or for the revival of an unavoidably § 1.24 [Removed and Reserved] U.S.C. 371, the claim for priority must terminated reexamination proceeding be made during the pendency of the under 35 U.S.C. 133 (§ 1.137(a)): 11. Section 1.52 is amended by application and within the time limit set By a small entity (§ 1.27(a)): $55.00. revising paragraph (d) to read as follows: forth in the PCT and the Regulations By other than a small entity: $110.00. under the PCT. (m) For filing a petition for revival of § 1.52 Language, paper, writing, margins, (2) The claim for priority and the an unintentionally abandoned compact disc specifications. certified copy of the foreign application application, for the unintentionally * * * * * specified in 35 U.S.C. 119(b) or PCT delayed payment of the fee for issuing (d) A nonprovisional or provisional Rule 17 must, in any event, be filed a patent, or for the revival of an application may be filed in a language before the patent is granted. If the claim unintentionally terminated other than English. for priority or the certified copy of the reexamination proceeding under 35 (1) Nonprovisional application. If a foreign application is filed after the date U.S.C. 41(a)(7) (§ 1.137(b)): nonprovisional application is filed in a the issue fee is paid, it must be By a small entity (§ 1.27(a)): $620.00. language other than English, an English accompanied by the processing fee set By other than a small entity: $1,240.00. language translation of the non-English forth in § 1.17(i), but the patent will not language application, a statement that include the priority claim unless * * * * * the translation is accurate, and the corrected by a certificate of correction (p) For an information disclosure processing fee set forth in § 1.17(i) are under 35 U.S.C. 255 and § 1.323. statement under § 1.97(c) or (d) or a required. If these items are not filed (3) When the application becomes submission under § 1.99: $180.00. with the application, applicant will be involved in an interference (§ 1.630), * * * * * notified and given a period of time when necessary to overcome the date of
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 57054 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations a reference relied upon by the examiner, 14. Section 1.76 is amended by references to other related applications or when deemed necessary by the adding a new paragraph (b)(7) to read as may be made when appropriate (see examiner, the Office may require that follows: § 1.14). Except as provided in paragraph the claim for priority and the certified (a)(3) of this section, the failure to § 1.76 Application data sheet. copy of the foreign application be filed timely submit the reference required by earlier than provided in paragraphs * * * * * 35 U.S.C. 120 and this paragraph is (a)(1) or (a)(2) of this section. (b) * * * considered a waiver of any benefit (4) An English language translation of (7) Assignee information. This under 35 U.S.C. 120, 121, or 365(c) to a non-English language foreign information includes the name (either such prior application. The time period application is not required except when person or juristic entity) and address of set forth in this paragraph does not the application is involved in an the assignee of the entire right, title, and apply to an application for a design interference (§ 1.630), when necessary to interest in an application. Providing this patent. overcome the date of a reference relied information in the application data (3) If the reference required by 35 upon by the examiner, or when sheet does not substitute for compliance U.S.C. 120 and paragraph (a)(2) of this specifically required by the examiner. If with any requirement of part 3 of this section is presented in a nonprovisional chapter to have an assignment recorded an English language translation is application after the time period by the Office. required, it must be filed together with provided by paragraph (a)(2) of this a statement that the translation of the * * * * * section, the claim under 35 U.S.C. 120, certified copy is accurate. 15. Section 1.78 is amended by 121, or 365(c) for the benefit of a prior * * * * * revising paragraphs (a)(2), (a)(3), and filed copending nonprovisional (c) Unless such claim is accepted in (a)(4), and adding new paragraphs (a)(5) application or international application accordance with the provisions of this and (a)(6) to read as follows: designating the United States of paragraph, any claim for priority under America may be accepted if the § 1.78 Claiming benefit of earlier filing date reference identifying the prior 35 U.S.C. 119(a)–(d) or 365(a) not and cross references to other applications. application by application number or presented within the time period (a)(1) * * * provided by paragraph (a) of this section international application number and (2) Except for a continued prosecution international filing date was is considered to have been waived. If a application filed under § 1.53(d), any unintentionally delayed. A petition to claim for priority under 35 U.S.C. nonprovisional application claiming the accept an unintentionally delayed claim 119(a)–(d) or 365(a) is presented after benefit of one or more prior filed under 35 U.S.C. 120, 121, or 365(c) for the time period provided by paragraph copending nonprovisional applications the benefit of a prior filed application (a) of this section, the claim may be or international applications designating must be accompanied by: accepted if the claim identifying the the United States of America must (i) The surcharge set forth in § 1.17(t); prior foreign application by specifying contain a reference to each such prior and its application number, country (or application, identifying it by application (ii) A statement that the entire delay intellectual property authority), and the number (consisting of the series code between the date the claim was due day, month, and year of its filing was and serial number) or international under paragraph (a)(2) of this section unintentionally delayed. A petition to application number and international and the date the claim was filed was accept a delayed claim for priority filing date and indicating the unintentional. The Commissioner may under 35 U.S.C. 119(a)–(d) or 365(a) relationship of the applications. This require additional information where must be accompanied by: reference must be submitted during the there is a question whether the delay (1) The surcharge set forth in § 1.17(t); pendency of the application, and within was unintentional. and the later of four months from the actual (4) A nonprovisional application (2) A statement that the entire delay filing date of the application or sixteen other than for a design patent may claim between the date the claim was due months from the filing date of the prior an invention disclosed in one or more under paragraph (a)(1) of this section application. This time period is not prior filed provisional applications. In and the date the claim was filed was extendable. Unless the reference order for a nonprovisional application unintentional. The Commissioner may required by this paragraph is included to claim the benefit of one or more prior require additional information where in an application data sheet (§ 1.76), the filed provisional applications, each there is a question whether the delay specification must contain or be prior provisional application must name was unintentional. amended to contain such reference in as an inventor at least one inventor 13. Section 1.72 is amended by the first sentence following the title. If named in the later filed nonprovisional revising paragraph (a) to read as follows: the application claims the benefit of an application and disclose the named international application, the first inventor’s invention claimed in at least § 1.72 Title and abstract. sentence of the specification must one claim of the later filed (a) The title of the invention may not include an indication of whether the nonprovisional application in the exceed 500 characters in length and international application was published manner provided by the first paragraph must be as short and specific as under PCT Article 21(2) in English of 35 U.S.C. 112. In addition, each prior possible. Characters that cannot be (regardless of whether benefit for such provisional application must be entitled captured and recorded in the Office’s application is claimed in the application to a filing date as set forth in § 1.53(c), automated information systems may not data sheet). The request for a continued and the basic filing fee set forth in be reflected in the Office’s records in prosecution application under § 1.53(d) § 1.16(k) must be paid within the time such systems or in documents created is the specific reference required by 35 period set forth in § 1.53(g). by the Office. Unless the title is U.S.C. 120 to the prior application. The (5) Any nonprovisional application supplied in an application data sheet identification of an application by claiming the benefit of one or more prior (§ 1.76), the title of the invention should application number under this section is filed copending provisional applications appear as a heading on the first page of the specific reference required by 35 must contain a reference to each such the specification. U.S.C. 120 to every application assigned prior provisional application, * * * * * that application number. Cross identifying it as a provisional
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations 57055 application, and including the 16. Section 1.84 is amended by should be suitable for inclusion on the provisional application number revising paragraphs (a)(2), (e), and (j) to front page of the patent application (consisting of series code and serial read as follows: publication and patent as the number), and, if the provisional illustration of the invention. Views must application is filed in a language other § 1.84 Standards for drawings. not be connected by projection lines and than English, an English language (a) * * * must not contain center lines. Applicant translation of the non-English language (2) Color. On rare occasions, color may suggest a single view (by figure provisional application and a statement drawings may be necessary as the only number) for inclusion on the front page that the translation is accurate. This practical medium by which to disclose of the patent application publication reference and English language the subject matter sought to be patented and patent. in a utility or design patent application translation of a non-English language * * * * * provisional application must be or the subject matter of a statutory invention registration. The color 17. Section 1.85 is amended by submitted during the pendency of the revising paragraph (a) to read as follows: nonprovisional application, and within drawings must be of sufficient quality the later of four months from the actual such that all details in the drawings are § 1.85 Corrections to drawings. reproducible in black and white in the filing date of the nonprovisional (a) A utility or plant application will printed patent. Color drawings are not application or sixteen months from the not be placed on the files for permitted in international applications filing date of the prior provisional examination until objections to the (see PCT Rule 11.13), or in an application. This time period is not drawings have been corrected. Except as application, or copy thereof, submitted extendable. Unless the reference provided in § 1.215(c), any patent under the Office electronic filing required by this paragraph is included application publication will not include system. The Office will accept color in an application data sheet (§ 1.76), the drawings filed after the application has drawings in utility or design patent specification must contain or be been placed on the files for applications and statutory invention amended to contain such reference in examination. Unless applicant is registrations only after granting a the first sentence following the title. otherwise notified in an Office action, petition filed under this paragraph Except as provided in paragraph (a)(6) objections to the drawings in a utility or explaining why the color drawings are of this section, the failure to timely plant application will not be held in necessary. Any such petition must submit the reference and English abeyance, and a request to hold language translation of a non-English include the following: (i) The fee set forth in § 1.17(h); objections to the drawings in abeyance language provisional application (ii) Three (3) sets of color drawings; will not be considered a bona fide required by 35 U.S.C. 119(e) and this (iii) A black and white photocopy that attempt to advance the application to paragraph is considered a waiver of any accurately depicts, to the extent final action (§ 1.135(c)). If a drawing in benefit under 35 U.S.C. 119(e) to such possible, the subject matter shown in a design application meets the prior provisional application. the color drawing; and requirements of § 1.84(e), (f), and (g) and (6) If the reference or English language (iv) An amendment to the is suitable for reproduction, but is not translation of a non-English language specification to insert (unless the otherwise in compliance with § 1.84, the provisional application required by 35 specification contains or has been drawing may be admitted for U.S.C. 119(e) and paragraph (a)(5) of previously amended to contain) the examination. this section is presented in a following language as the first paragraph * * * * * nonprovisional application after the of the brief description of the drawings: 18. Section 1.98 is amended by time period provided by paragraph The patent or application file contains at revising paragraphs (a)(2) and (b) to read (a)(5) of this section, the claim under 35 least one drawing executed in color. Copies as follows: U.S.C. 119(e) for the benefit of a prior of this patent or patent application filed provisional application may be publication with color drawing(s) will be § 1.98 Content of information disclosure accepted during the pendency of the provided by the Office upon request and statement. nonprovisional application if the payment of the necessary fee. (a) * * * reference identifying the prior * * * * * (2) A legible copy of: application by provisional application (e) Type of paper. Drawings submitted (i) Each U.S. patent application number and any English language to the Office must be made on paper publication and U.S. and foreign patent; translation of a non-English language which is flexible, strong, white, smooth, (ii) Each publication or that portion provisional application were non-shiny, and durable. All sheets must which caused it to be listed; unintentionally delayed. A petition to be reasonably free from cracks, creases, (iii) For each cited pending U.S. accept an unintentionally delayed claim and folds. Only one side of the sheet application, the application under 35 U.S.C. 119(e) for the benefit of may be used for the drawing. Each sheet specification including the claims, and a prior filed provisional application must be reasonably free from erasures any drawing of the application, or that must be accompanied by: and must be free from alterations, portion of the application which caused overwritings, and interlineations. it to be listed including any claims (i) The surcharge set forth in § 1.17(t); Photographs must be developed on directed to that portion; and and paper meeting the sheet-size (iv) All other information or that (ii) A statement that the entire delay requirements of paragraph (f) of this portion which caused it to be listed; and between the date the claim was due section and the margin requirements of * * * * * under paragraph (a)(5) of this section paragraph (g) of this section. See (b)(1) Each U.S. patent listed in an and the date the claim was filed was paragraph (b) of this section for other information disclosure statement must unintentional. The Commissioner may requirements for photographs. be identified by inventor, patent require additional information where * * * * * number, and issue date. there is a question whether the delay (j) Front page view. The drawing must (2) Each U.S. patent application was unintentional. contain as many views as necessary to publication listed in an information * * * * * show the invention. One of the views disclosure statement shall be identified
VerDate 112000 16:30 Sep 19, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\20SER2.SGM pfrm03 PsN: 20SER2 57056 Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / Rules and Regulations by applicant, patent application the date of publication of the (3) The application is in condition for publication number, and publication application (§ 1.215(a)) or prior to the publication as provided in § 1.211(c); date. mailing of a notice of allowance and (3) Each U.S. application listed in an (§ 1.311), whichever is earlier. Any (4) The Office has not issued either an information disclosure statement must submission under this section not filed Office action under 35 U.S.C. 132 or a be identified by the inventor, within this period is permitted only notice of allowance under 35 U.S.C. application number, and filing date. when the patents or publications could 151. (4) Each foreign patent or published not have been submitted to the Office * * * * * foreign patent application listed in an earlier, and must also be accompanied 21. Section 1.104 is amended by information disclosure statement must by the processing fee set forth in removing paragraph (a)(5) and revising be identified by the country or patent § 1.17(i). A submission by a member of paragraph (d)(1) to read as follows: office which issued the patent or the public to a pending published published the application, an application that does not comply with § 1.104 Nature of Examination. appropriate document number, and the the requirements of this section will be * * * * * publication date indicated on the patent returned or discarded. (d) Citation of references. or published application. (f) A member of the public may (1) If domestic patents are cited by the (5) Each publication listed in an include a self-addressed postcard with a examiner, their numbers and dates, and information disclosure statement must submission to receive an the names of the patentees will be be identified by publisher, author (if acknowledgment by the Office that the stated. If domestic patent application any), title, relevant pages of the submission has been received. A publications are cited by the examiner, publication, date, and place of member of the public filing a their publication number, publication publication. submission under this section will not date, and the names of the applicants * * * * * receive any communications from the will be stated. If foreign published 19. A new § 1.99 is added to read as Office relating to the submission other applications or patents are cited, their follows: than the return of a self-addressed nationality or country, numbers and postcard. In the absence of a request by dates, and the names of the patentees § 1.99 Third-party submission in published application. the Office, an applicant has no duty to, will be stated, and such other data will and need not, reply to a submission be furnished as may be necessary to (a) A submission by a member of the under this section. No further enable the applicant, or in the case of a public of patents or publications submission on behalf of the member of reexamination proceeding, the patent relevant to a pending published the public will be considered, unless owner, to identify the published application may be entered in the such submission raises new issues applications or patents cited. In citing application file if the submission which could not have been earlier foreign published applications or complies with the requirements of this presented. patents, in case only a part of the section and the application is still document is involved, the particular 20.Section 1.103 is amended by pending when the submission and pages and sheets containing the parts redesignating paragraphs (d) through (f) application file are brought before the relied upon will be identified. If printed as (e) through (g) and adding a new examiner. publications are cited, the author (if (b) A submission under this section paragraph (d) to read as follows: any), title, date, pages or plates, and must identify the application to which place of publication, or place where a it is directed by application number and § 1.103 Suspension of action by the Office. copy can be found, will be given. include: * * * * * (1) The fee set forth in § 1.17(p); (d) Deferral of examination. On * * * * * (2) A list of the patents or request of the applicant, the Office may 22. Section 1.130 is amended by publications submitted for grant a deferral of examination under revising the section heading and consideration by the Office, including the conditions specified in this paragraph (a) to read as follows: the date of publication of each patent or paragraph for a period not extending § 1.130 Affidavit or declaration to publication; beyond three years from the earliest (3) A copy of each listed patent or disqualify commonly owned patent or filing date for which a benefit is claimed published application as prior art. publication in written form or at least under title 35, United States Code. A (a) When any claim of an application the pertinent portions; and request for deferral of examination or a patent under reexamination is (4) An English language translation of under this paragraph must include the rejected under 35 U.S.C. 103 on a U.S. all the necessary and pertinent parts of publication fee set forth in § 1.18(d) and patent or U.S. patent application any non-English language patent or the processing fee set forth in § 1.17(i). publication which is not prior art under publication in written form relied upon. A request for deferral of examination 35 U.S.C. 102(b), and the inventions (c) The submission under this section under this paragraph will not be granted defined by the claims in the application must be served upon the applicant in unless: accordance with § 1.248. or patent under reexamination and by (d) A submission under this section (1) The application is an original the claims in the patent or published shall not include any explanation of the utility or plant application filed under application are not identical but are not patents or publications, or any other § 1.53(b) or resulting from entry of an patentably distinct, and the inventions information. The Office will dispose of international application into the are owned by the same party, the such explanation or information if national stage after compliance with applicant or owner of the patent under included in a submission under this § 1.494 or § 1.495; reexamination may disqualify the patent section. A submission under this section (2) The applicant has not filed a or patent application publication as is also limited to ten total patents or nonpublication request under § 1.213(a), prior art. The patent or patent publications. or has filed a request under § 1.213(b) to application publication can be (e) A submission under this section rescind a previously filed disqualified as prior art by submission must be filed within two months from nonpublication request; of:
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(1) A terminal disclaimer in § 1.137 Revival of abandoned application, In an application, abandoned for failure accordance with § 1.321(c); and terminated reexamination proceeding, or to pay the publication fee, the required (2) An oath or declaration stating that lapsed patent. reply must include payment of the the application or patent under (a) Unavoidable. If the delay in reply publication fee. reexamination and patent or published by applicant or patent owner was (d) Terminal disclaimer. (1) Any application are currently owned by the unavoidable, a petition may be filed petition to revive pursuant to this same party, and that the inventor named pursuant to this paragraph to revive an section in a design application must be in the application or patent under abandoned application, a reexamination accompanied by a terminal disclaimer reexamination is the prior inventor proceeding terminated under and fee as set forth in § 1.321 dedicating under 35 U.S.C. 104. §§ 1.550(d) or 1.957(b) or (c), or a lapsed to the public a terminal part of the term * * * * * patent. A grantable petition pursuant to of any patent granted thereon equivalent this paragraph must be accompanied by: to the period of abandonment of the 23. Section 1.131 is amended by (1) The reply required to the revising paragraph (a) to read as follows: application. Any petition to revive outstanding Office action or notice, pursuant to this section in either a § 1.131 Affidavit or declaration of prior unless previously filed; utility or plant application filed before invention. (2) The petition fee as set forth in June 8, 1995, must be accompanied by (a) When any claim of an application § 1.17(l); a terminal disclaimer and fee as set forth or a patent under reexamination is (3) A showing to the satisfaction of in § 1.321 dedicating to the public a rejected, the inventor of the subject the Commissioner that the entire delay terminal part of the term of any patent matter of the rejected claim, the owner in filing the required reply from the due granted thereon equivalent to the lesser of the patent under reexamination, or date for the reply until the filing of a of: the party qualified under §§ 1.42, 1.43, grantable petition pursuant to this (i) The period of abandonment of the or 1.47, may submit an appropriate oath paragraph was unavoidable; and application; or (4) Any terminal disclaimer (and fee or declaration to establish invention of (ii) The period extending beyond as set forth in § 1.20(d)) required the subject matter of the rejected claim twenty years from the date on which the pursuant to paragraph (d) of this prior to the effective date of the application for the patent was filed in section. reference or activity on which the (b) Unintentional. If the delay in reply the United States or, if the application rejection is based. The effective date of by applicant or patent owner was contains a specific reference to an a U.S. patent, U.S. patent application unintentional, a petition may be filed earlier filed application(s) under 35 publication, or international application pursuant to this paragraph to revive an U.S.C. 120, 121, or 365(c), from the date publication under PCT Article 21(2) is abandoned application, a reexamination on which the earliest such application the earlier of its publication date or date proceeding terminated under was filed. that it is effective as a reference under §§ 1.550(d) or 1.957(b) or (c), or a lapsed (2) Any terminal disclaimer pursuant 35 U.S.C. 102(e). Prior invention may patent. A grantable petition pursuant to to paragraph (d)(1) of this section must not be established under this section in this paragraph must be accompanied by: also apply to any patent granted on a any country other than the United (1) The reply required to the continuing utility or plant application States, a NAFTA country, or a WTO outstanding Office action or notice, filed before June 8, 1995, or a member country. Prior invention may unless previously filed; continuing design application, that not be established under this section (2) The petition fee as set forth in contains a specific reference under 35 before December 8, 1993, in a NAFTA § 1.17(m); U.S.C. 120, 121, or 365(c) to the country other than the United States, or (3) A statement that the entire delay application for which revival is sought. before January 1, 1996, in a WTO in filing the required reply from the due (3) The provisions of paragraph (d)(1) member country other than a NAFTA date for the reply until the filing of a of this section do not apply to country. Prior invention may not be grantable petition pursuant to this applications for which revival is sought established under this section if either: paragraph was unintentional. The solely for purposes of copendency with (1) The rejection is based upon a U.S. Commissioner may require additional a utility or plant application filed on or patent or U.S. patent application information where there is a question after June 8, 1995, to lapsed patents, or publication of a pending or patented whether the delay was unintentional; to reexamination proceedings. application to another or others which and (e) Request for reconsideration. Any claims the same patentable invention as (4) Any terminal disclaimer (and fee request for reconsideration or review of defined in § 1.601(n); or as set forth in § 1.20(d)) required a decision refusing to revive an (2) The rejection is based upon a pursuant to paragraph (d) of this abandoned application, a terminated statutory bar. section. reexamination proceeding, or lapsed * * * * * (c) Reply. In a nonprovisional patent upon petition filed pursuant to 24. Section 1.132 is revised to read as application abandoned for failure to this section, to be considered timely, follows: prosecute, the required reply may be must be filed within two months of the met by the filing of a continuing decision refusing to revive or within § 1.132 Affidavits or declarations application. In a nonprovisional utility such time as set in the decision. Unless traversing rejections or objections. or plant application filed on or after a decision indicates otherwise, this time When any claim of an application or June 8, 1995, and abandoned for failure period may be extended under: a patent under reexamination is rejected to prosecute, the required reply may (1) The provisions of § 1.136 for an or objected to, any evidence submitted also be met by the filing of a request for abandoned application or lapsed patent; to traverse the rejection or objection on continued examination in compliance (2) The provisions of § 1.550(c) for a a basis not otherwise provided for must with § 1.114. In an application or patent, terminated ex parte reexamination be by way of an oath or declaration abandoned or lapsed for failure to pay proceeding filed under § 1.510; or under this section. the issue fee or any portion thereof, the (3) The provisions of § 1.956 for a 25. Section 1.137 is revised to read as required reply must include payment of terminated inter partes reexamination follows: the issue fee or any outstanding balance. proceeding filed under § 1.913.
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(f) Abandonment for failure to notify distinguishing characteristic of the new application published under this section the Office of a foreign filing: A variety. Two copies of color drawings or before the patent will be granted. If an nonprovisional application abandoned photographs and a black and white application is subject to publication pursuant to 35 U.S.C. 122(b)(2)(B)(iii) photocopy that accurately depicts, to under this section, the sum specified in for failure to timely notify the Office of the extent possible, the subject matter the notice of allowance under § 1.311 the filing of an application in a foreign shown in the color drawing or will also include the publication fee country or under a multinational treaty photograph must be submitted. which must be paid within three that requires publication of applications 28. A new, undesignated center months from the date of mailing of the eighteen months after filing, may be heading and new §§ 1.211, 1.213, 1.215, notice of allowance to avoid revived only pursuant to paragraph (b) 1.217, 1.219, and 1.221 are added to abandonment of the application. This of this section. The reply requirement of Subpart B-National Processing three-month period is not extendable. If paragraph (c) of this section is met by Provisions to read as follows: the application is not published under the notification of such filing in a this section, the publication fee (if paid) foreign country or under a multinational Publication of Applications will be refunded. treaty, but the filing of a petition under § 1.211 Publication of applications. this section will not operate to stay any § 1.213 Nonpublication request. period for reply that may be running (a) Each U.S. national application for (a) If the invention disclosed in an against the application. patent filed in the Office under 35 application has not been and will not be (g) Provisional applications. A U.S.C. 111(a) and each international the subject of an application filed in provisional application, abandoned for application in compliance with 35 another country, or under a multilateral failure to timely respond to an Office U.S.C. 371 will be published promptly international agreement, that requires requirement, may be revived pursuant after the expiration of a period of publication of applications eighteen to this section. Subject to the provisions eighteen months from the earliest filing months after filing, the application will of 35 U.S.C. 119(e)(3) and § 1.7(b), a date for which a benefit is sought under not be published under 35 U.S.C. 122(b) provisional application will not be title 35, United States Code, unless: and § 1.211 provided: regarded as pending after twelve months (1) The application is recognized by (1) A request (nonpublication request) from its filing date under any the Office as no longer pending; is submitted with the application upon circumstances. (2) The application is national filing; 26.Section 1.138 is amended by security classified (see § 5.2(c)), subject (2) The request states in a revising paragraph (a) and adding to a secrecy order under 35 U.S.C. 181, conspicuous manner that the paragraph (c) to read as follows: or under national security review; application is not to be published under (3) The application has issued as a 35 U.S.C. 122(b); § 1.138 Express abandonment. patent in sufficient time to be removed (3) The request contains a certification (a) An application may be expressly from the publication process; or that the invention disclosed in the abandoned by filing a written (4) The application was filed with a application has not been and will not be declaration of abandonment identifying nonpublication request in compliance the subject of an application filed in the application in the United States with § 1.213(a). another country, or under a multilateral Patent and Trademark Office. Express (b) Provisional applications under 35 international agreement, that requires abandonment of the application may not U.S.C. 111(b) shall not be published, publication at eighteen months after be recognized by the Office before the and design applications under 35 U.S.C. filing; and date of issue or publication unless it is chapter 16 and reissue applications (4) The request is signed in actually received by appropriate under 35 U.S.C. chapter 25 shall not be compliance with § 1.33(b). officials in time to act. published under this section. (b) The applicant may rescind a * * * * * (c) An application filed under 35 nonpublication request at any time. A (c) An applicant seeking to abandon U.S.C. 111(a) will not be published until request to rescind a nonpublication an application to avoid publication of it includes the basic filing fee (§ 1.16(a) request under paragraph (a) of this the application (see § 1.211(a)(1)) must or 1.16(g)), any English translation section must: submit a declaration of express required by § 1.52(d), and an executed (1) Identify the application to which abandonment by way of a petition under oath or declaration under § 1.63. The it is directed; this section including the fee set forth Office may delay publishing any (2) State in a conspicuous manner that in § 1.17(h) in sufficient time to permit application until it includes a the request that the application is not to the appropriate officials to recognize the specification having papers in be published under 35 U.S.C. 122(b) is abandonment and remove the compliance with § 1.52 and an abstract rescinded; and application from the publication (§ 1.72(b)), drawings in compliance with (3) Be signed in compliance with process. Applicant should expect that § 1.84, and a sequence listing in § 1.33(b). the petition will not be granted and the compliance with §§ 1.821 through 1.825 (c) If an applicant who has submitted application will be published in regular (if applicable), and until any petition a nonpublication request under course unless such declaration of under § 1.47 is granted. paragraph (a) of this section express abandonment and petition are (d) The Office may refuse to publish subsequently files an application received by the appropriate officials an application, or to include a portion directed to the invention disclosed in more than four weeks prior to the of an application in the patent the application in which the projected date of publication. application publication (§ 1.215), if nonpublication request was submitted 27. Section 1.165 is amended by publication of the application or portion in another country, or under a revising paragraph (b) to read as follows: thereof would violate Federal or state multilateral international agreement, law, or if the application or portion that requires publication of applications § 1.165 Plant drawings. thereof contains offensive or disparaging eighteen months after filing, the * * * * * material. applicant must notify the Office of such (b) The drawings may be in color. The (e) The publication fee set forth in filing within forty-five days after the drawing must be in color if color is a § 1.18(d) must be paid in each date of the filing of such foreign or
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If, agreement, that corresponds to the request was submitted (35 U.S.C. however, the Office has not started the application filed in the Office. 122(b)(2)(B)(iii)). publication process, the Office may use (d) The Office will provide a copy of an untimely filed copy of the the complete file wrapper and contents § 1.215 Patent application publication. application supplied by the applicant of an application for which a redacted (a) The publication of an application under paragraph (c) of this section in copy was submitted under this section under 35 U.S.C. 122(b) shall include a creating the patent application to any person upon written request patent application publication. The date publication. pursuant to § 1.14(c)(2), unless of publication shall be indicated on the applicant complies with the patent application publication. The § 1.217 Publication of a redacted copy of requirements of paragraphs (d)(1), (d)(2), an application. patent application publication will be and (d)(3) of this section. based upon the application papers (a) If an applicant has filed (1) Applicant must accompany the deposited on the filing date of the applications in one or more foreign submission required by paragraph (c) of application, as well as the executed oath countries, directly or through a this section with the following: or declaration submitted to complete the multilateral international agreement, (i) A copy of any Office application, and any application papers and such foreign-filed applications or correspondence previously received by or drawings submitted in reply to a the description of the invention in such applicant including any desired preexamination notice requiring a title foreign-filed applications is less redactions, and a second copy of all and abstract in compliance with § 1.72, extensive than the application or Office correspondence previously application papers in compliance with description of the invention in the received by applicant showing the § 1.52, drawings in compliance with application filed in the Office, the redacted material in brackets; and § 1.84, or a sequence listing in applicant may submit a redacted copy of (ii) A copy of each submission compliance with §§ 1.821 through the application filed in the Office for previously filed by the applicant 1.825, except as otherwise provided in publication, eliminating any part or including any desired redactions, and a this section. The patent application description of the invention that is not second copy of each submission publication will not include any also contained in any of the previously filed by the applicant amendments, including preliminary corresponding applications filed in a showing the redacted material in amendments, unless applicant supplies foreign country. The Office will publish brackets. a copy of the application containing the the application as provided in § 1.215(a) (2) In addition to providing the amendment pursuant to paragraph (c) of unless the applicant files a redacted submission required by paragraphs (c) this section. copy of the application in compliance and (d)(1) of this section, applicant (b) If applicant wants the patent with this section within sixteen months must: application publication to include after the earliest filing date for which a (i) Within one month of the date of assignee information, the applicant benefit is sought under title 35, United mailing of any correspondence from the must include the assignee information States Code. Office, file a copy of such Office on the application transmittal sheet or (b) The redacted copy of the correspondence including any desired the application data sheet (§ 1.76). application must be submitted in redactions, and a second copy of such Assignee information may not be compliance with the Office electronic Office correspondence showing the included on the patent application filing system requirements. The title of redacted material in brackets; and publication unless this information is the invention in the redacted copy of (ii) With each submission by the provided on the application transmittal the application must correspond to the applicant, include a copy of such sheet or application data sheet included title of the application at the time the submission including any desired with the application on filing. Providing redacted copy of the application is redactions, and a second copy of such this information on the application submitted to the Office. If the redacted submission showing the redacted transmittal sheet or the application data copy of the application does not comply material in brackets. sheet does not substitute for compliance with the Office electronic filing system (3) Each submission under paragraph with any requirement of part 3 of this requirements, the Office will publish (d)(1) or (d)(2) of this paragraph must chapter to have an assignment recorded the application as provided in also be accompanied by the processing by the Office. § 1.215(a). fee set forth in § 1.17(i) and a (c) At applicant’s option, the patent (c) The applicant must also certification that the redactions are application publication will be based concurrently submit in paper (§ 1.52(a)) limited to the elimination of material upon the copy of the application to be filed in the application: that is relevant only to the part or (specification, drawings, and oath or (1) A certified copy of each foreign- description of the invention that was declaration) as amended during filed application that corresponds to the not contained in the redacted copy of examination, provided that applicant application for which a redacted copy is the application submitted for supplies such a copy in compliance submitted; publication. with the Office electronic filing system (2) A translation of each such foreign- (e) The provisions of § 1.8 do not requirements within one month of the filed application that is in a language apply to the time periods set forth in actual filing date of the application or other than English, and a statement that this section. fourteen months of the earliest filing the translation is accurate; date for which a benefit is sought under (3) A marked-up copy of the § 1.219 Early publication. title 35, United States Code, whichever application showing the redactions in (a) Applications that will be is later. brackets; and published under § 1.211 may be (d) If the copy of the application (4) A certification that the redacted published earlier than as set forth in submitted pursuant to paragraph (c) of copy of the application eliminates only § 1.211(a) at the request of the applicant.
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Any request for early publication must (3) The petition is submitted prior to § 1.494 Entering the national stage in the be accompanied by the publication fee the date the application was published United States of America as a Designated set forth in § 1.18(d). If the applicant or the mailing of a notice of allowance Office. does not submit a copy of the under § 1.311, whichever occurs first. * * * * * (f) The documents and fees submitted application in compliance with the * * * * * Office electronic filing system under paragraphs (b) and (c) of this requirements pursuant to § 1.215(c), the 31. Section 1.311 is revised to read as section must, except for a copy of the Office will publish the application as follows: international publication or translation provided in § 1.215(a). No consideration of the international application that is § 1.311 Notice of allowance. will be given to requests for publication identified as provided in § 1.417, be on a certain date, and such requests will (a) If, on examination, it appears that clearly identified as a submission to be treated as a request for publication as the applicant is entitled to a patent enter the national stage under 35 U.S.C. soon as possible. under the law, a notice of allowance 371. Otherwise, the submission will be will be sent to the applicant at the considered as being made under 35 § 1.221 Voluntary publication or U.S.C. 111(a). republication of patent application correspondence address indicated in publication. § 1.33. The notice of allowance shall * * * * * specify a sum constituting the issue fee 34. Section 1.495 is amended by (a) Any request for publication of an which must be paid within three revising paragraph (g) to read as follows: application filed before, but pending on, months from the date of mailing of the November 29, 2000, and any request for notice of allowance to avoid § 1.495 Entering the national stage in the republication of an application United States of America as an Elected abandonment of the application. The Office. previously published under § 1.211, sum specified in the notice of allowance must include a copy of the application may also include the publication fee, in * * * * * (g) The documents and fees submitted in compliance with the Office electronic which case the issue fee and publication under paragraphs (b) and (c) of this filing system requirements and be fee (§ 1.211(f)) must both be paid within section must, except for a copy of the accompanied by the publication fee set three months from the date of mailing international publication or translation forth in § 1.18(d) and the processing fee of the notice of allowance to avoid of the international application that is set forth in § 1.17(i). If the request does abandonment of the application. This identified as provided in § 1.417, be not comply with the requirements of three-month period is not extendable. this paragraph or the copy of the clearly identified as a submission to application does not comply with the (b) An authorization to charge the enter the national stage under 35 U.S.C. Office electronic filing system issue or other post-allowance fees set 371. Otherwise, the submission will be requirements, the Office will not forth in § 1.18 to a deposit account may considered as being made under 35 publish the application and will refund be filed in an individual application U.S.C. 111(a). the publication fee. only after mailing of the notice of * * * * * (b) The Office will grant a request for allowance. The submission of either of a corrected or revised patent application the following after the mailing of a PART 5ÐSECRECY OF CERTAIN publication other than as provided in notice of allowance will operate as a INVENTIONS AND LICENSES TO paragraph (a) of this section only when request to charge the correct issue fee to EXPORT AND FILE APPLICATIONS IN the Office makes a material mistake any deposit account identified in a FOREIGN COUNTRIES which is apparent from Office records. previously filed authorization to charge Any request for a corrected or revised fees: 35. The authority citation for 37 CFR patent application publication other (1) An incorrect issue fee; or part 5 is revised to read as follows: than as provided in paragraph (a) of this (2) A completed Office-provided issue Authority: 35 U.S.C. 2(b)(2), 41, 181–188, section must be filed within two months as amended by the Patent Law Foreign Filing fee transmittal form (where no issue fee Amendments Act of 1988, Pub. L. 100–418, from the date of the patent application has been submitted). publication. This period is not 102 Stat. 1567; the Arms Export Control Act, 32. A new § 1.417 is added to read as as amended, 22 U.S.C. 2751 et seq.; the extendable. Atomic Energy Act of 1954, as amended, 42 29.Section 1.291 is amended by follows: U.S.C. 2011 et seq.; the Nuclear Non revising paragraph (a)(1) to read as § 1.417. Submission of translation of Proliferation Act of 1978, 22 U.S.C. 3201 et follows: international application. seq.; and the delegations in the regulations under these Acts to the Commissioner (15 § 1.291 Protests by the public against The submission of the international CFR 370.10(j), 22 CFR 125.04, and 10 CFR pending applications. publication or an English language 810.7). (a) * * * translation of an international 36. Section 5.1 is amended by revising (1) The protest is submitted prior to application pursuant to 35 U.S.C. paragraph (e) to read as follows: 154(d)(4) must clearly identify the the date the application was published § 5.1 Applications and correspondence or the mailing of a notice of allowance international application to which it involving national security. under § 1.311, whichever occurs first; pertains (§ 1.5(a)) and, unless it is being submitted pursuant to § 1.494 or § 1.495, * * * * * and (e) An application will not be be clearly identified as a submission * * * * * published under § 1.211 of this chapter pursuant to 35 U.S.C. 154(d)(4). or allowed under § 1.311 of this chapter 30. Section 1.292 is amended by Otherwise, the submission will be if publication or disclosure of the revising paragraph (b)(3) to read as treated as a filing under 35 U.S.C. application would be detrimental to follows: 111(a). Such submissions should be national security. An application under marked ‘‘Box PCT.’’ § 1.292 Public use proceedings. national security review will not be * * * * * 33. Section 1.494 is amended by published at least until six months from (b) * * * revising paragraph (f) to read as follows: its filing date or three months from the
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Part IV
Department of Commerce Economic Development Administration
Economic Adjustment Assistance; Availability of Funds for Norton Sound, Alaska; Notice
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DEPARTMENT OF COMMERCE Director, Seattle Regional Office, implementation grants must also Telephone: (206) 220–7660; Bernard E. demonstrate that the request for Economic Development Administration Richert, Jr., Economic Development assistance has been preceded by sound [Docket No. 000901251±0251±01] Representative (EDR), Telephone: (907) planning, consistent with EDA 271–2272; fax: 907–271–2274. regulations at 13 CFR 301.3. RIN 0610±ZA16 SUPPLEMENTARY INFORMATION: In meeting EDA requirements for a strategy or Comprehensive Economic Economic Adjustment Assistance; Economic Adjustment Assistance Development Strategy, EDA may accept Availability of Funds for Norton Sound, (Catalog of Federal Domestic Assistance for example: a State Emergency Alaska (CFDA) No. 11.307) Recovery Plan, or the product of an equivalent state or local strategic AGENCY: Economic Development Funding Availability Administration (EDA), Department of economic recovery planning process Commerce (CoC). Funds in the amount of $10.0 million with short-term and long-term goals. are available and shall remain available ACTION: Funding notice. Given the limited funds available until expended. These funds are from this appropriation, the amount SUMMARY: The Economic Development provided under Agriculture, Rural awarded will be relative to the amount Administration (EDA) announces the Development, Food and Drug of economic distress/damage sustained availability of $10.0 million for Administration, and Related Agencies by the community (applicants must be economic adjustment assistance in Appropriations Act, 2000 (PL 106–78, able to demonstrate need based on response to the August 8, 2000, Disaster Sec. 817), October 22, 1999, to be economic distress/damage resulting Declaration by the Secretary of transferred to the Department of from the disaster). Commerce under the Section 312(a) of Commerce and administered under EDA will consider the following the Magnuson-Stevens Fishery Section 209 of the Public Works and funding priorities which will be the Conservation and Management Act and Economic Development Act of 1965, as basis for selecting applications to be under Section 308(b) of the amended (PWEDA). funded under this Notice. Priority numbers (1) and (2) are roughly Interjurisdictional Fisheries Act for Eligibility communities in the Norton Sound equivalent and more important than the region of Alaska. Eligible activities Information on eligibility others. The funding priorities are as include planning, technical assistance, requirements for applicants and areas follows: revolving loan funds, and infrastructure can be found in EDA’s regulation at 13 1. Projects located in areas that grants to address the economic CFR, Chapter III. suffered the highest levels of economic adjustment problems of communities Grant Rates injury, as a result of the disaster, as adversely affected by the Norton Sound compared to other disaster areas. fisheries disaster. Eligible areas and Grant rates, as established under 2. Projects located in disaster organizations representing areas PWEDA and regulations at 13 CFR impacted areas that had previously been include, but are not limited to: 301.4(b) may vary, if permitted by experiencing high levels of economic Unalakleet, Shaktoolik, Koyuk, Elim, PWEDA and its implementing distress. Golovin, Nome, White Mountain, regulations, and may depend upon 3. Projects which leverage EDA funds Stebbins, St. Michael, other nearby factors such as types of applicant, with state, local, private, and other member communities of the Norton relative needs and financial capacity of Federal assistance efforts. Sound Economic Development applicants. 4. Projects that restore, upgrade or Corporation, the local Community Selection Process enhance the reliability of critical Development Quota Organization, infrastructure/public facilities to current EDA will review proposals to evaluate Teller, Diomede, Savoonga, Gambell, building, environmental, and safety eligibility, evaluation criteria, and Brevig Mission, Wales, and the Village standards or codes, and are essential to funding priorities before inviting a full of Kotlik. stabilizing the economic base of the application for final funding disaster area. DATES: No awards will be made prior to consideration. It is anticipated that fiscal year 2001, which begins October 5. Projects that enhance/stimulate proposals will exceed the amount of sustainable economic development and/ 1, 2000. However, proposals and funding available. Interested parties applications will be accepted on a or otherwise mitigate the physical and/ should submit proposals directly to the or economic dislocation that could be continuous basis beginning September EDR for Alaska or to the Seattle 1, 2000. caused by recurring future disaster. Regional Office (see ‘‘For Further 6. Projects that assist the restoration of ADDRESSES: A. Leonard Smith, Regional Information’’) using the standard businesses, stimulate the development Director, Seattle Regional Office, Suite preapplication form for EDA assistance of new businesses and accelerate the 1856, Jackson Federal Building 915 (ED–900P, OMB Control No. 0610– development of new job opportunities Second Avenue, Seattle Washington 0094). for dislocated individuals within the 98174; Intenet Address: EDA will evaluate project proposals affected areas. [email protected]. Bernard E. Richert, in accordance with, as appropriate, 13 7. Projects that enhance opportunities Jr., Economic Development CFR Part 304, 13 CFR 308.4 (65 FR 2530 for economic diversification. Representative (EDR), 550 West Seventh at 2532, January 18, 2000), and the Avenue, Suite 1780, Anchorage, Alaska criteria will be approximately of equal Other Information and Requirements 99501–7594; Internet Address: importance. EDA regulations at 13 CFR Chapter III [email protected] [email protected] Proposals under this funding and 65 FR 2530, January 18, 2000, are FOR FURTHER INFORMATION CONTACT: announcement must demonstrate how available from EDA offices listed in the Interested parties should contact the the EDA assistance will help the eligible Addresses Section and from the EDA Seattle Regional Office or the Economic area recover from the economic web site at www.doc.gov/eda. Development Representative for Alaska adjustment problems caused by the Certain Departmental and other as follows: A. Leonard Smith, Regional fisheries failure. Proposals for requirements are noted below.
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Additional information is available Lobbying Activities,’’ as required under I. Applicants are hereby notified that through links to EDA’s web site at 15 CFR Part 28, Appendix B. any equipment or products authorized www.doc.gov/eda or from the D. The implementing regulations of to be purchased with funding provided appropriate EDA office listed in the National Environmental Policy Act under this program must be American- Addresses Section. require EDA to provide public notice of made to the maximum extent feasible. A. Notwithstanding any other the availability of project specific J. Applicants seeking an early start, provision of law, no person is required environmental documents such as i.e., to begin a project before EDA to respond to, nor shall a person be environmental impact statements, approval, must obtain a letter from EDA subject to a penalty for failure to comply environmental assessments, findings of allowing such early start. The letter with a collection of information subject no significant impact, records of allowing the early start will be null and to the requirements of the Paperwork decision, etc., to the affected public as void if the project is not subsequently Reduction Act (PRA) unless that specified in 40 CFR 1506.6(b). approved for funding by the grants Depending on the project location, collection of information displays a officer. Approval of an early start does environmental information concerning current valid Office of Management and not constitute project approval. specific projects can be obtained from Budget (OMB) control number. This Applicants should be aware that if they notice involves a collection of the Regional Environmental Officer in the appropriate EDA regional office incur any costs prior to an award being information requirement subject to the made they do so solely at their own risk provisions of the PRA and has been listed in the Addresses section. E. Recipients shall require applicants/ of not being reimbursed by the approved by OMB under Control Government. Notwithstanding any Number 0610–0094. bidders for subgrants, contracts, subcontracts, or other lower tier covered verbal or written assurance that may B. All primary applicants must submit have been received, there is no a completed Form CD–511, transactions at any tier under the award to submit, if applicable, a completed obligation on the part of DoC to cover ‘‘Certifications Regarding Debarment, preaward costs. Additionally, EDA also Suspension and Other Responsibility Form CD–512, ‘‘Certifications Regarding Debarment, Suspension, Ineligibility requires that compliance with Matters; Drug-Free Workplace environmental regulations, in Requirements and Lobbying,’’ and the and Voluntary Exclusion-Lower Tier Covered Transactions and Lobbying’’ accordance with NEPA, be completed following explanations are hereby before construction begins. provided: Prospective participants (as and disclosure form, SF–LLL defined at 15 CFR Part 26, Section 105) ‘‘Disclosure of Lobbying Activities.’’ K. If an application is selected for are subject to ‘‘Nonprocurement Form CD–512 is intended for the use of funding, EDA has no obligation to recipients and should not be transmitted Debarment and Suspension’’ and the provide any additional future funding in to DoC. SF–LLL submitted by any tier related section of the certification form connection with an award. Renewal of recipient or subrecipient should be prescribed above applies; an award to increase funding or extend submitted to DoC in accordance with Grantees (as defined at 15 CFR Part the period of performance is at the sole the instructions contained in the award 26, Section 605) are subject to 15 CFR discretion of EDA. document. L. Unless otherwise noted below, Part 26, Subpart F, ‘‘Drug-Free F. No award of Federal funds will be Workplace Requirements (Grants)’’ and eligibility, program objectives, made to an applicant who has an application procedures, selection the related section of the certification outstanding delinquent Federal debt form prescribed above applies; procedures, evaluation criteria and until either: other requirements for all programs are Persons (as defined at 15 CFR Part 28, 1. The delinquent account is paid in set forth in EDA’s regulations at 13 CFR Secton 105) are subject to the lobbying full; provisions of 31 U.S.C. 1352, 2. A negotiated repayment schedule is Chapter III and 65 FR January 18, 2000. ‘‘Limitation on use of appropriated established and at least one payment is M. EDA is not authorized to provide funds to influence certain Federal received; or any financial assistance directly to contracting and financial transactions,’’ 3. Other arrangements satisfactory to individuals for the purpose of starting a and the lobbying section of the DoC are made. new business or expanding an existing certification form prescribed above G. Unsatisfactory performance under business. applies to applications/bids for grants, prior Federal awards may result in an This Notice has been determined to be cooperative agreements, and contracts application not being considered for not significant for purposes of Executive for more than $100,000, and loans and funding. Order 12866. loan guarantees for more than $150,000, H. Applicants should be aware that a or the single family maximum mortgage false statement on the application is Dated: September 14, 2000. limit for affected programs, whichever is grounds for denial of the application or Arthur C. Campbell, greater; and termination of the grant award and Assistant Secretary for Economic C. Any applicant that has paid or will grounds for possible punishment by a Development. pay for lobbying using any funds must fine or imprisonment as provided in 18 [FR Doc. 00–24063 Filed 9–19–00; 8:45 am] submit an SF–LLL, ‘‘Disclosure of U.S.C. 1001. BILLING CODE 3510±24±M
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Part V
Department of Justice Office of Justice Programs
Proposed Program Guidelines for the Victims of Crime Act Victim Compensation Grant Program; Notice
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DEPARTMENT OF JUSTICE Summary of Proposed Changes to the providing such coverage for victims of 1997 Guidelines nonviolent crime. Because of this, these Office of Justice Programs Proposed Program Guidelines encourage A. Introduction states to develop their own guidelines [OJP(OVC)±1289] These Proposed Program Guidelines, when compensating victims for a range which revise the previously issued of compensable expenses resulting from Proposed Program Guidelines for the Victims of Crime Act Victim economic crime, including mental Victims of Crime Act Victim Compensation Grant Program Final health counseling and financial Compensation Grant Program Program Guidelines (1997 Guidelines), planning. However, in state 62 FR 7050–03 (Feb. 14, 1997), 1997 WL certifications used to capture VOCA AGENCY: Office for Victims of Crime, 60136, are in accordance with VOCA. funds, the only actual property damage Office of Justice Programs, Justice. These Proposed Program Guidelines are or loss that apply are crime scene clean- all inclusive. Thus, they supersede any up, clothing and bedding taken for ACTION: Proposed program guidelines Guidelines previously issued by OVC, evidence, and replacement or repair of and request for comments. including the previously issued 1997 window(s) and locks. Guidelines. The changes contained in OVC encourages states to expand SUMMARY: The Office for Victims of these Proposed Program Guidelines coverage to victims of crimes Crime (OVC), United States Department result from developments in the perpetrated through technology. of Justice (DOJ) is publishing Proposed criminal justice and victim services Compensation programs have Program Guidelines to implement the fields since the 1997 Guidelines were traditionally covered face to face crimes, victim compensation grant program as issued and from an extensive but through the Internet, stalking, child authorized by the Victims of Crime Act solicitation of feedback from the field. exploitation, fraud and other crimes can of 1984 (VOCA), as amended, 42 U.S.C. B. Encouraged Changes in Coverage by be perpetrated without the victim 10601, et seq. States meeting the offender. In addition, these Solicitation of Comments: The public OVC acknowledges that the range of cases may be multijurisdictional and so is invited to provide comments to these compensable expenses varies based navigating the criminal justice system Proposed Program Guidelines. All upon a state’s particular program can be more complex than usual for the comments must be sent (either by statute, rulemaking, policy, or victim. As the criminal justice system conventional mail or electronic mail) to procedure. In addition to the crimes and increasingly directs resources to these Carol R. Watkins, Director, State expenses mandated by VOCA, OVC crimes, state crime victim compensation Compensation and Assistance Division, encourages states to cover additional programs must build a capacity to adapt 810 Seventh Street, N.W., Washington, victims and expenses not previously to the needs of victims of these crimes. D.C. 20531; E-mail: considered in the 1997 Guidelines. Section IV.B.1.a. [email protected]. Comments In particular, these Proposed Program These Proposed Program Guidelines must be received no later than October Guidelines encourage states to use their encourage additional states to cover 20, 2000. state compensation funds for crimes not residents victimized by crime while outside the territorial jurisdiction of the FOR FURTHER INFORMATION CONTACT: traditionally funded by state programs; i.e., crimes that involve threat but not United States (e.g., in foreign countries Carol R. Watkins, Director, State or on international waters) where no Compensation and Assistance Division, actual physical injury or death; economic crime; crimes against United other crime victim compensation 810 Seventh Street, N.W., Washington, program exists. While VOCA requires D.C. 20531; phone: (202) 514–4696. States residents abroad and on international waters; and crimes that state compensation programs cover (This is not a toll-free number). E-mail: their residents who are victims of [email protected] perpetrated through technology such as child exploitation, stalking, cybercrime, terrorism outside of the territorial SUPPLEMENTARY INFORMATION: VOCA and fraud over the Internet. jurisdiction of the United States, it is provides federal financial assistance to These Proposed Program Guidelines silent on the issue of residents who are states for the purpose of compensating would encourage states to cover victims victims of other (non-terrorist) crimes and assisting crime victims, providing of crime who have not been physically committed while they are outside the funds for training and technical injured or killed but who have been territorial jurisdiction of the United assistance, and assisting victims of threatened with injury or death. Such States. OVC encourages state coverage of Federal crimes. These Proposed changes would, for example, allow for these victims to assure that business Program Guidelines provide information the coverage of victims of stalking, bank persons, tourists, students, and others specifically with regard to the robbery, hate crime, workplace violence, can access compensation when needed. administration and implementation of and others who have escaped injury but See Section III.B.4. the VOCA victim compensation grant have experienced the trauma of the In addition, proposed changes program as authorized in Section 1403 event. See Section IV.B.1. contained in these Proposed Program of VOCA, Public Law 98–473, as Federal and state governments have Guidelines encourage increased amended, codified at 42 U.S.C. 10602. increased the investigation and collaboration, cooperation, and prosecution of economic crime coordination between states and other Administrative Requirements particularly telemarketing fraud, organizations serving crime victims, Paperwork Reduction Act insurance scams, identity fraud, and including participation in criminal exploitation of the elderly. crisis response teams. OVC encourages OVC certifies that these Proposed Concurrently, victim services states to increase coordination with Program Guidelines will not impose professionals have identified the need to VOCA victim assistance programs, additional reporting or recordkeeping develop resources to respond to these worker’s compensation programs, requirements under the Paperwork victims. As a result, OVC is clarifying in Medicaid, and other such programs that Reduction Act of 1995 (44 U.S.C. 3501 these Proposed Program Guidelines that provide financial assistance and et seq.). VOCA does not prohibit states from services to crime victims.
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C. Proposed Substantive Changes and ‘‘means testing,’’ VOCA prohibits financial requirements remain fully in Clarifications Federal, state, or local government effect, in order to eliminate redundancy These Proposed Program Guidelines programs that use Federal funds from and duplication of responsibility, these also propose several substantive including victim compensation benefits Proposed Program Guidelines require changes to the 1997 Guidelines, in light when determining income eligibility for states to comply with the OJP Financial of recent legislative amendments to an applicant, until the total amount of Guide but do not duplicate the contents VOCA. These Proposed Program medical or other assistance that the of that Guide. Guidelines also propose several applicant receives from all programs is Similarly, the 1997 Guidelines clarifications to provisions previously sufficient to fully compensate the included civil rights requirements that, applicant for losses suffered as a result set out in the 1997 Guidelines. within the Office of Justice Programs First, in light of substantive of the crime. Under VOCA, the OVC (OJP), come under the responsibility of amendments to VOCA with regard to Director is given the authority to OJP’s Office for Civil Rights (OCR). the distribution of funds, under certain determine whether such medical or While these nondiscrimination and other assistance is needed by an conditions, additional VOCA monies are other civil rights requirements remain applicant. Through these Proposed made available for Child Abuse fully in effect, in order to eliminate Program Guidelines, the Director’s Prevention and Treatment Grants. Also, redundancy and duplication of authority would be delegated to state because of recent VOCA amendments, responsibility, these Proposed Program VOCA compensation administrators. the VOCA distribution formula now Guidelines recite the language This proposed clarification regarding provides an allowance for the contained in the nondiscrimination ‘‘means testings’’ affects Medicaid, earmarking of funds by Congress provision in VOCA. Veteran’s Administration, Supplemental annually to be made available for the There are several additional technical Security Income and other programs. benefit of crime victims in the Federal revisions to these Proposed Program See Section IV.C.1. Guidelines, which depart from the criminal justice system. Fifth, these Proposed Program format of the 1997 Guidelines. These Second, in light of other recent Guidelines propose to supplement proposed changes, however, would not substantive amendments to VOCA, information in the 1997 Guidelines affect policy or implementation of regarding coverage for compensable regarding state compensation program VOCA victim compensation program crimes, these Proposed Program coverage of international terrorism and provisions. Rather, they are intended to Guidelines mandate coverage of crimes of the VOCA Emergency Reserve Fund. that involve personal injury or death These Proposed Program Guidelines reorganize information in these resulting from certain crimes related to propose to include information required Proposed Program Guidelines for ease of religious real property and the of state programs in applying for reference and use. obstruction of the free practice of supplemental grants. See Sections Summary Outline of Proposed Program religion when these crimes are covered II.A.3.d and IX. In addition, OVC Guidelines by interstate or foreign commerce. In proposes to encourage states to cover addition, the provision covers crimes additional expenses that crime victims These Proposed Program Guidelines which involve personal injury or death of international terrorism face. contain the following subject matter resulting from certain crimes related to Sixth, these Proposed Program areas broken down as follows: religious real property because of the Guidelines propose to supplement I. Definitions; race, color, or ethnic characteristics of information in the 1997 Guidelines II. Background and State Regulations; any individual associated with the regarding compensable expenses under III. Funding Allocations; property. See Section IV.B.1.a. VOCA, specifically pertaining to any IV. State Eligibility Criteria; Third, these Proposed Program medically-necessary building V. State Certification; Guidelines contain several changes in VI. Application Process; adaptations or modifications. These VII. Administrative Costs; requirements from and clarifications to Proposed Program Guidelines propose the previous 1997 Guidelines. VIII. Financial Requirements; to include information regarding IX. Mass Violence and Terrorism; Administrative cost provisions in these requirements for compliance with the X. Monitoring; and Proposed Guidelines make clear that no National Historic Preservation Act,16 XI. Suspension and Termination of Funding. state match is required if the state U.S.C. § 470 et seq., when a Guidelines for Crime Victim chooses to use up to 5% for such costs compensation applicant wishes to use Compensation Grants and supplantation is clarified as it VOCA funds for making minor building applies to administrative cost. Also, adaptations or modifications. I. Definitions allowable costs covered by Finally, these Proposed Program administrative funds are expanded to Guidelines add new definitions to those A. Child Exploitation. The sexual include monitoring, membership in previously delineated in the 1997 victimization of a minor under the age associations other than crime victim Guidelines. Furthermore, other of 18 involving child pornography, compensation associations, and use of definitions in these Proposed Program child prostitution, or computer technology to automate claims Guidelines serve to reiterate or clarify solicitation. Child exploitation does not processing and allow for Internet access those contained in the 1997 Guidelines. necessarily involve commercial or to the program by crime victims. monetary gain. Finally, OVC proposes to allow use of D. Proposed Technical Changes B. Cybercrime. For purposes of these administrative funds for the These Proposed Program Guidelines Guidelines, cybercrime is a crime in development and coordination of propose several technical changes to the which computers are used to facilitate criminal crisis response teams. See 1997 Guidelines, also. Specifically, the traditional criminal activity (e.g., fraud, Section VII. A & B. 1997 Guidelines included financial stalking, child exploitation or extortion). Fourth, a further clarification in these requirements that, within the Office of C. Driving While Intoxicated. This Proposed Program Guidelines, from the Justice Programs (OJP), come under the includes drunk driving and driving 1997 Guidelines, pertains to ‘‘means oversight and responsibility of OJP’s under the influence of alcohol and/or testing’’ required under VOCA. Under Office of the Comptroller. While these other drugs.
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D. Federal Crime. A Federal crime is Property loss is destruction of material 1. Child Abuse Prevention and any crime that is a violation of the goods or loss of money, stocks, bonds, Treatment Grants. Up to $20 million 1 of United States Criminal Code or Federal etc. the first amounts deposited in the Fund regulations. In general, Federal crimes J. Reservation. A tract of land set aside is allocated to Child Abuse Prevention are investigated by Federal law for use of, and occupancy by, Native and Treatment Grants. 85% of these enforcement agencies including the Americans. funds are forwarded to the Department Federal Bureau of Investigation (FBI), K. Restitution. Payment made by the of Health and Human Services. The Drug Enforcement Administration offender to the victim who was injured remaining 15% is retained by the Office (DEA), Bureau of Alcohol, Tobacco and or killed in the crime. Restitution, for Victims of Crime to assist Native Firearms (ATF), U.S. Postal Service, however, does not refer to the general American Indian tribes in developing, Department of Interior, Secret Service, collection of fines, fees and other establishing and operating programs Customs Service, Immigration and penalties from offenders which provide designed to improve: Naturalization Service (INS), and the the basic revenue for the compensation a. The handling of child abuse cases, investigative agencies of the military program and are not identifiable to particularly cases of child sexual abuse, services. Federal crimes are prosecuted reimbursement of payouts on a specific in a manner which limits additional in Federal District Courts by United claim. trauma to the child victim; and States Attorneys’ Offices. Some L. Terrorism. A violent act or an act b. The investigation and prosecution examples of Federal crimes include dangerous to human life that is a of cases of child abuse, particularly crimes: violation of the criminal laws of the child sexual abuse. 1. against Federal officials; United States or of any state, or that 2. Federal Criminal Justice System. 2. that take place on Federal property, would be a criminal violation if Specific amounts are earmarked by including national parks or military committed within the jurisdiction of the Congress annually to be made available bases, certain maritime or territorial United States or any state, and appears for improving services for the benefit of jurisdictions, and buildings owned or to be intended to intimidate or coerce a crime victims in the Federal criminal leased by the Federal government; civilian population, to influence the justice system. 3. like bank robbery where the bank policy of a government by intimidation 3. Remaining Fund Deposits. The is insured or otherwise secured by the or coercion, or to affect the conduct of remaining fund deposits are to be Federal government; a government by assassination or distributed as follows: 4. acts involving interstate activities, kidnaping. a. Victim Compensation Grants. 48.5 such as kidnaping, interstate domestic II. Background and State Regulations percent are available to eligible state violence, or mail, telephone, or wire programs for crime victim fraud; and In 1984, the Victims of Crime Act compensation. 5. on Indian Country or reservations, (VOCA) established the Crime Victims b. Victim Assistance Grants. 48.5 where the Federal government has Fund (Fund) in the United States percent are available to states for victim criminal jurisdiction over the crimes. Treasury to receive deposits from fines, assistance grants. Unused funds from E. Hate Crimes. Crimes that manifest penalties, and bond forfeitures levied on the victim compensation portion of the evidence of prejudice based on race, criminals convicted of federal crimes. deposits are added to this amount. religion, physical or mental disability, The Fund is administered by OVC to c. Discretionary Grants. 3 percent is sexual orientation, gender, ethnicity, support the activities mandated by available to OVC for demonstration national origin, color, creed or ancestry. VOCA. projects, training and technical F. Mass Violence. Violence inflicted OVC makes annual VOCA crime assistance grants and for the financial on a large number of persons, without victim compensation grants from the support of services to victims of Federal regard to whether the act is related to Fund to eligible states and territories. crime. terrorism. The primary purpose of these grants is d. Emergency Reserve Funds. If G. Mental Health Counseling and to supplement state efforts to provide monies in the Fund are sufficient to Care. Mental health counseling and care financial assistance and reimbursement fully provide VOCA grants to the States, means the assessment, diagnosis, and to crime victims throughout the Nation and deposits total 110% of the previous treatment of an individual’s mental and for costs associated with the crime, and fiscal year, the OVC director may retain emotional functioning that is required to to encourage victim cooperation and up to $50,000,000 in an emergency alleviate psychological trauma resulting participation in the criminal justice reserve fund. These funds are to be used from a compensable crime. Such system. for: intervention must be provided by a States must have in place statutes (1) Use for Victims of Terrorism person who meets such standards as and/or written rulemakings, policies, or Outside the United States. Reserve may be set by the state for victim mental procedures by which compensation funds may be used to award health counseling and care. programs operate. With the exception of supplemental grants to States at the H. Native American Tribe, Indian most property damage or loss, state discretion of the OVC Director, to Tribe or Organization. Any tribe, band, crime victim compensation programs provide compensation and assistance to nation, or other organized group or may use VOCA compensation grant state residents who are victims of community, including any Alaska funds to pay for eligible expenses terrorism while outside the country. native village or regional or village allowed by state compensation statute, Victims are not eligible for these funds corporation as defined in or pursuant to rulemakings, policies, or procedures. the Alaska Native Claims Settlement Act III. Funding Allocations 1 In any fiscal year in which Fund deposits are [43 U.S.C.A.§ 1601, et seq.], which is greater than the amount deposited in Fiscal Year recognized as eligible for the special A. Distribution. The amount of funds 1998, an amount equal to 50 percent of the increase programs and services provided by the available for distribution each year is in the amount from fiscal year 1998 shall be United States to Native Americans dependent upon the total deposits into available for Child Abuse Prevention and Treatment Grants in addition to the base amount of $10 because of their status as Indians. the Fund in the preceding federal fiscal million. The total amount allocated for Child Abuse I. Property Damage and Loss. Property year. By statute, deposits are to be Prevention and Treatment grants for any fiscal year damage is damage to material goods. allocated as follows: can not exceed $20 million.
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VOCA also are taken captive because of their payout from state revenues/ requires that states include as relationship with the U.S. Government contributions, all states will be awarded compensable crimes those crimes whose as a member of the U.S. Civil Service, the same reduced percentage of their victims suffer death or personal injury as well as other U.S. citizens, nationals, prior year payout from the available as a result of the intentional or or resident aliens who are taken captive funds. attempted defacement, damage, or while rendering service to the U.S. To determine the amount available, destruction of any religious real similar to that of civil servants are not each state must submit with its annual property because of the race, color, or eligible for VOCA compensation. application a certification of the amount ethnic characteristics of any individual Similarly, dependent family members of expended in the year preceding deposits associated with the religious property. such persons are not eligible for VOCA into the Fund. Amounts paid to OVC encourages state grantees to compensation. compensate victims for property damage examine the range of crimes covered by (2) Use for Victims of Terrorism or loss cannot be included in the state’s their crime victim compensation Within the United States. Reserve funds certification unless the payment falls programs, and to seek to broaden crimes may be used to award supplemental within these exceptions: (1) covered to include: crimes involving grants to states at the discretion of the Replacement or repair of windows and threats of personal injury (in addition to OVC Director, to provide compensation locks; (2) crime scene clean-up; and (3) crimes involving actual physical injury) and assistance to victims of terrorism the replacement of emergency items such as victims of stalking, child and mass violence within their states. such as prescription medicines, exploitation through the Internet, bank These supplemental grants are to eyeglasses and other minimal costs robberies, financial and provide emergency relief, including associated with the replacement of telecommunications fraud, economic crisis response efforts, assistance, items that have been taken as evidence. crime, cybercrime, hate crime, training, and technical assistance. IV. State Eligibility Criteria workplace violence, and other victims Reserve funds may also be provided to who are traumatized by a crime but are United States Attorney’s Offices for use A. Grantee. The grantee must be an not physically injured. in coordination with state victim operational state-administered crime (b) VOCA Mandated Expenses. At a compensation and assistance efforts in victim compensation program. The term minimum, VOCA requires States to providing emergency relief for domestic ‘‘state’’ includes the District of award compensation for— terrorism and mass casualty victims. Columbia, the Virgin Islands, Guam and i. medical expenses attributable to (3) Use for State Compensation and any other possession or territory of the physical injury resulting from a Assistance Programs. Reserve funds may United States. A new compensation compensable crime to include be used to supplement basic state program is entitled to a VOCA grant eyeglasses and other corrective lenses, compensation and assistance awards, at after it has awarded benefits that can be dental services, prosthetic devices, and the discretion of the OVC Director. The matched under VOCA. VOCA may not other services rendered in accordance OVC Director may also use the Reserve be used as ‘‘start-up’’ funds for a new with a method of healing recognized by Fund to offset fluctuations in Fund state compensation program. In the the law of the State; deposits for state compensation and event that a state chooses to administer ii. mental health counseling and care assistance programs. this program in a de-centralized fashion, attributable to a compensable crime; B. Grant Period. Victim compensation the state remains accountable to VOCA such intervention must be provided by grant funds are available for expenditure for expenditure of these funds. a person who meets such standards as throughout the fiscal year (FY) of award B. Program Requirements. For a state may be set by the state for victim mental plus the next three fiscal years. The to meet or maintain eligibility for a health counseling and care. federal fiscal year (FFY) begins on crime victims compensation grant, it iii. loss of wages attributable to a October 1 and ends on September 30. must satisfy the following requirements: physical injury resulting from a State crime victim compensation 1. Compensable Crimes and Expenses. compensable crime; and programs may pay compensation claims (a) Crimes. At a minimum, VOCA iv. funeral expenses attributable to a retroactively to October 1, even though specifically requires the grantee to offer death resulting from a compensable the VOCA grant may not be awarded compensation to crime victims and crime. until later in the grant period. survivors of victims of criminal violence State grantees may offer compensation C. Grant Deobligations. When State compensation for certain identified for other types of expenses, including grantees fail to obligate all funds by the expenses (see below) resulting from property damage and loss. It should be end of a grant period, deobligated physical injury from a ‘‘compensable noted, however, that amounts awarded amounts up to a total of $500,000, are crime’’ as defined by the state. VOCA for property damage and loss cannot be returned to the Fund. Deobligated requires that states include as included in the amount certified as a amounts in excess of $500,000 are compensable crimes those crimes whose basis for the award of VOCA deposited into the U.S. Treasury for victims suffer death or personal injury compensation grants (see Section III.D. other Federal government purposes. as a result of terrorism, driving while for exceptions to this requirement). D. Availability of Funds: VOCA intoxicated, and domestic violence. (c) Additional Recommended Victim Compensation Grant Formula. In addition, VOCA requires that states Expenses for All Crime Victims. OVC The Director of OVC is required to make include as compensable crimes those encourages states to make compensation an annual grant to eligible crime victim crimes whose victims suffer death or benefits available for other compensable compensation programs that is equal to personal injury as a result of the expenses, as deemed by state statute, 40 percent of the amount awarded by intentional or attempted defacement, rulemaking, policy, or procedure, such the state program to victims of crime damage, or destruction of any religious as: from state revenues during the fiscal real property because of its religious i. Financial planning services for year preceding the year of deposits in character or the obstruction, by force or victims of economic crime, domestic
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Attorneys’ fees related to assisting to an appropriate governmental agency, deceased victims from another country a claimant in settling an estate, such as child and/or adult protective or state. particularly if it involves another services, family court, or juvenile court; iii. Temporary lodging for domestic country, and obtaining benefits or or violence victims. documents such as government and/or c. Accept proof of the completion of iv. Crime scene clean up. private life insurance, retirement a medical evidentiary examination, such v. Replacement costs for clothing and annuities, Social Security Benefits, as medical reports, x-rays, medical bedding held as evidence, and Victim Compensation in foreign photographs, as well as other clinical replacement or repair of windows and country. assessments as evidence of cooperation locks. 2. Victim Cooperation with Law with law enforcement in cases involving vi. Medically-necessary building Enforcement. sexual assault or abuse. modification and medically-necessary Crime victim compensation programs 3. Non Supplantation. The state must certify that grants devices. With regard to medically- must promote victim cooperation with received under VOCA will not be used necessary building modifications, the reasonable requests of law to supplant state funds otherwise VOCA funds used to make minor enforcement authorities. building adaptations and modifications available to provide crime victim State crime victim compensation (e.g., access ramps for persons with compensation benefits or to administer programs maintain the authority and mobility-impaired-based disabilities) the state crime victim compensation discretion to establish their own must comply with the requirements program. States may not decrease their standards for victim cooperation with under the National Historic Preservation financial commitment to crime victim the reasonable requests of law Act (NHPA), 16 U.S.C. § 470. For more compensation solely because they are enforcement. OVC encourages state information regarding NHPA receiving VOCA funds for the same compensation program staff to meet compliance requirements, see the VOCA purpose. with victims and advocates to review Victim Compensation Application Kit. 4. Compensation for Residents whether state statutes and state program vii. Attorneys’ fees related to a crime Victimized Outside Their Own State. guidelines and policies are responsive victim’s claim for compensation. A state must provide compensation to viii. Payments related to forensic to the needs of crime victims and to state residents who are victims of crimes sexual assault examinations—even if the determine possible issues that might occurring outside the state if the crimes crime victim did not report the crime to affect a victim’s cooperation with law would be ‘‘compensable crimes’’ had law enforcement, and even if such enforcement. they occurred inside that state; and the payments are made from funds A crime victims’ willingness to crimes (1) occurred in a state without an administered by the compensation cooperate may be affected by eligible VOCA crime victim programs and are allowable under state compelling health or safety concerns compensation program, or (2) in cases of statute, rulemaking, policy, or including apprehension about personal terrorism (as defined in 18 U.S.C. procedure. safety, fear of retaliation, and § 2331), occurred outside the territorial ix. Payments for forensic interviews intimidation by the offender or others. jurisdiction of the United States. The and other services provided by child Crime victims may be reluctant to state must make these awards according advocacy centers which meet the cooperate fully with law enforcement to the same criteria used to make awards standards of the National Children’s after receiving threats of violence or to those who are victimized while in the Alliance or other standards accepted by death against themselves and their state. the state. families from the offender. In addition, OVC encourages states to x. Child and respite care for Age, psychological, cultural, or provide compensation to state residents dependents of crime victims and linguistic barriers may affect the who are victims of crimes other than survivors of homicide to allow them to victim’s ability to cooperate with law terrorism while outside the territorial participate in criminal justice activities. enforcement. There may be unique jurisdiction of the United States. This xi. Mental health counseling and care. barriers deterring a young child or policy would allow coverage for state OVC encourages states to extend mental senior citizen from complying fully with residents, such as tourists, students or health counseling and care services to law enforcement. Embarrassment, business personnel, who are victims of victims of economic crimes who shame and the psychological trauma crime in locations outside the territorial oftentimes suffer mental distress and may delay the reporting of sexual jurisdiction of the United States where guilt following the loss of income and assault. Cultural and language no crime victim compensation program savings in financial fraud cases. differences may diminish a victim’s exists. (d) Additional Recommended access to and understanding of the 5. Compensation for Non-residents of Expenses for Victims of Terrorist Acts. criminal justice system. In setting the a State. OVC encourages states to make standard for victim cooperation with The state must make compensation additional compensation benefits law enforcement, OVC encourages state awards to non-resident crime victims for available, according to state statute, programs to determine how to address compensable expenses according to the rulemaking, policy, or procedure, for these considerations. same criteria used to make awards to victims of terrorism outside the VOCA’s ‘‘cooperation with the victims who are residents of the State. jurisdiction of the U.S., such as: reasonable requests of law enforcement’’ For purposes of this provision, the term i. Transportation to relocation site for requirement may be fulfilled by ‘‘non-resident’’ must, at a minimum, injured victim and family members who utilizing the following criteria or by any include anyone who is a resident of one wish to leave the city or country of the other criteria the state believes is of the United States. A state may, at its terrorist attack. necessary to encourage victim discretion, broaden its definition of non-
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Examples of such the program provides compensation to handicap, or sex be excluded from programs include Worker’s victims of state crimes. participation in, denied the benefits of, Compensation programs, vocational 7. Unjust Enrichment. subjected to discrimination under, or rehabilitation programs and VOCA States cannot deny compensation to a denied employment in connection with, victim assistance subgrantee programs. victim based on the victim’s familial any undertaking funded in whole or in Outreach to other programs can result in relationship to the offender or because part with sums made available under mutual understanding of eligibility the victim shares a residence with the VOCA. States and subgrantees in a requirements, application processing, offender. States must adapt a rule or decentralized system must comply with time lines, and other program specific written policy or procedure to avoid these VOCA nondiscrimination requirements. Administrators are also unjust enrichment of the offender, but requirements, the Federal civil rights encouraged to refer applicants to other they cannot have the effect of denying statutes and regulations cited in the programs when those programs can compensation to a substantial Assurances that accompany the grant cover applicant expenses or provide percentage of victims of violence by award document, and all other services. As payor of last resort, it is in family members or others with whom applicable civil rights requirements. the compensation program’s discretion the victim shares a residence. In 9. Other Information Requested by the to make exception for victim needs that developing rulemakings, or written OVC Director. are not adequately met by other policies or procedures, states are The state must provide such other collateral sources. encouraged to consider the following: information and assurances as the a. The legal responsibilities of the Director of OVC may reasonably require. V. State Certifications offender to the victim under the laws of C. VOCA Funds and Collateral Federal State grantees must provide the state and collateral resources Programs information about crime victim available to the victim from the compensation claims payouts including offender. For example, legal 1. Means Testing. Federal, state, or all available funding sources, responsibilities of the offender may local government programs that use deductions, and recovery costs on the include court-ordered restitution or Federal funds are prohibited from certification form. The U.S. Department family support under the domestic, including victim compensation benefits of Justice, Office of Justice Programs marital property or child support laws when determining income eligibility for uses this information to calculate of the state. Collateral resources may an applicant, until the total amount of allocations for VOCA eligible crime include insurance or pension benefits medical or other assistance that the victim compensation programs. available to the offender to cover the applicant receives from all programs is costs incurred by the victim as a result sufficient to fully compensate the A. Program Revenue. States must of the crime. As with other crimes, applicant for losses suffered as a result report on the certification form all however, victims of family violence of the crime. VOCA requires this policy sources of revenue to the crime victims must not be penalized when collateral when an applicant needs medical or compensation program during the sources of payment are not viable. other assistance, in full or in part, Federal Fiscal Year. In some instances, Examples of such situations include because of the commission of a crime funds are made available to the crime when the offender refuses to, or cannot, against the applicant. VOCA gives the victim compensation program from pay restitution or other civil judgments OVC Director authority to determine other departments or agencies, from within a reasonable period of time or whether such medical or other supplemental appropriations, when the offender impedes direct or assistance is needed by an applicant for donations, or unspent funds carried third party (i.e., insurance) payments. victim compensation. Through these over from prior years. The amount of b. Payments to victims of family Proposed Program Guidelines, the certified revenue, excluding VOCA violence which only minimally or Director’s authority is delegated to State funds, but including all other sources, inconsequentially benefit offenders are VOCA compensation administrators. including carried over funds, must meet not considered unjust enrichment. For 2. Payor of Last Resort. The or exceed the amount of certified example, denial of medical or dental compensation program is the payor of payments to crime victims. expenses solely because the offender last resort with regard to Federal or B. Program Expenditures. The total has legal responsibility for the charges, Federally financed programs. When a amount to be certified by the state but is unwilling or unable to pay them, victim is eligible to receive benefits program must include only those could result in the victim’s not receiving from a Federal program or Federally amounts paid from state funding treatment. The state must consider financed state or local program, such as sources to or on behalf of crime victims paying these expenses. If necessary, the Medicaid, Medicare, Social Security during the Federal Fiscal Year (October state has the option of seeking Disability, and Veterans’ Benefits, the 1 to September 30), excluding property reimbursement from the offender. state compensation program shall not damage or loss. c. Consultation with social services use VOCA funds to pay costs that C. Amounts to be Included. The types and other concerned governmental another Federal or Federally financed of expenses for which states may award entities, as well as with private programs covers. Additionally, the crime victims compensation vary organizations that support and advocate Federal or Federally financed program nationwide. However, all states must on behalf of victims of violence from must make payments without regard to award compensation for medical family members. benefits awarded to a crime victim by a expenses, including mental health d. The special needs of child victims state crime victim compensation counseling and care, loss of wages, and of criminal violence, especially when program. funeral expenses.
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Compensable expenses to be included ‘‘Cost Principles for State and Local victims, OVC and the Office of the in the annual certification must be Governments.’’ Comptroller, OJP, will not supplement authorized by state statute, rulemaking, F. Recovery Costs. Salary and benefits payments to the state to correct the policy, or procedure, providing there is costs for personnel directly involved in state’s error since this would require authority in state law. States may recovery efforts may be offset against the recalculating allocations to every state include expenses, not specifically amount of income received from such VOCA compensation and assistance identified in VOCA, such as pain and reimbursement. Recovery efforts are program and cause disruption in suffering; annuities for child victims for those activities which are directly administration of these programs. attributable to obtaining restitution, loss of support; and other costs listed VI. Application Process under Part IV.B. of these Proposed refunds, and other reimbursements for Program Guidelines. Included as the expenses of specific crime victims A. Application for Federal Assistance. exceptions to the property damage and who have received compensation from Each year, OVC issues to each eligible loss prohibitions are: crime scene clean the state program. Expenses shall be state an Application Kit which contains up; replacement or repair of windows limited to the percentage of those the necessary forms and detailed and locks; replacement costs for items salaries and benefits incurred by the information required to make held as evidence. state for individual employees whose application for VOCA crime victim State grantees may include payments primary responsibilities (not less than compensation grant funds. The amount related to forensic sexual assault 75 percent of each individual for which each state may apply is examinations, even if the victim did not employee’s work time) are directly and included in the Application Kit. States report the crime to law enforcement, specifically related to recovering shall use the Standard Form 424, and if such payments are made from restitution and other reimbursements on Application for Federal Assistance, and funds administered by the behalf of compensated victims. its attachments to apply for VOCA compensation program and are Additional allowable recovery costs are victim compensation grant funds. allowable under the state’s statute, garnishment fees, service of legal Applications for VOCA crime victim rulemaking, policy, or procedure. State documents, legal publication and compensation grants may only be grantees may also include payments for subpoena fees related to collecting submitted by the state agency forensic interviews and other services reimbursements. Recovery costs can not designated by the Governor to provided by child advocacy centers be claimed for employees whose salary administer the VOCA victim which meet the standards of the and benefits are derived from federal compensation program and grant. Completed applications must be National Children’s Alliance, or other administrative grant funds. Recovery submitted on or before the stated standards accepted by the State. costs do not include the collection of fines, fees and other penalties which deadline, as determined by OVC. If an D. Amounts to be Excluded. State provide the basic revenue for the eligible state fails to apply for its crime grantees must exclude in the compensation program and are not victim compensation allocation by the certification VOCA grant funds; identifiable to reimbursement of prescribed deadline, OVC will compensation for property damage or payouts on a specific victim claim. redistribute federal VOCA crime victim loss except for items found in Parts G. Source of Payments to Crime compensation dollars to the VOCA IV.B.1.c)iv and IV.B.1.c)v of these Victims. There is no financial victim assistance grant program, after all Proposed Program Guidelines; audit requirement that state compensation states have received the statutorily costs; personnel costs; collection of programs identify the source of prescribed percentage of their prior offender fines, fees, penalties and other individual payments to crime victims as years payout. revenues which provide basic program either federal or state dollars, nor is B. Program Reporting Requirements: funding; and, any other program there any requirement that restitution Annual Performance Report. States administrative costs. recoveries or other refunds be tracked to receiving VOCA crime victim E. Deductions. Deductions are federal or state dollars paid out to the compensation grant funds must submit receipts or refunds which offset or victim. an annual OVC Performance Report. reduce expense items that are allocable H. Incorrect Certifications. If it is The Performance Report is due January to a particular crime victim determined that a state has made an 15 of each year for the preceding compensation claim. These include incorrect certification of payments of Federal fiscal year. funds received through a state’s crime victims compensation from state subrogation interest in a claimant’s civil funding sources and a VOCA crime VII. Administrative Costs law suit recovery, restitution, refunds, victim compensation grant is awarded A. Administrative Cost Allowance. or other reimbursements. For purposes in error, one of the following two VOCA allows, at state discretion, up to of applicable credits, the term courses of action will be taken: five percent of crime victim ‘‘restitution’’ means payment made by 1. Over Certification. In the event that compensation grant funds to be used for the offender to the victim who was an over certification comes to the administering the crime victim injured or killed in the crime. attention of OVC or the Office of the compensation grant program. Any ‘‘Restitution’’ does not refer to the Comptroller, OJP, the necessary steps portion of the allowable five percent general collection of fines, fees and will be taken to recover funds which which is not used for administrative other penalties from offenders which were awarded in error. OVC does not purposes must be used for awards of provide the basic revenue for the have the authority to permit states to compensation to crime victims. compensation program and are not keep amounts they were not entitled to The intent of this provision is to identifiable to reimbursement of as a result of over certification. support and advance program payouts on a specific claim. Refunds Generally, it is the policy of OVC to administration in all operational areas include amounts from overpayment, reduce the amount of the subsequent including claims processing, staff erroneous payments made to claimants, year VOCA victim compensation award development and training, public uncashed checks, etc. Additional by the amount of the overpayment. outreach, and program funding by guidance regarding applicable credits 2. Under Certification. If a state supporting activities that will improve can be found in OMB Circular A–87, under-certifies amounts paid to crime program effectiveness and service to
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Informational materials including purposes, only those costs directly proportion of time working on the development of applications, brochures, associated with administering the compensation program must be posters, training manuals and other program and enhancing overall program documented using some reasonable relevant publications which describe operations ensuring compliance with method of valuation at regular the compensation application process, federal requirements can be paid with measurable intervals; e.g., time and eligibility criteria, and range of benefits administrative grant funds. State attendance records. The documentation available for crime victims. This grantees are not required to match the must provide a clear audit trail for the includes related printing costs. portion of the grant that is used for expenditure of grant funds. 11. Development of strategic and administrative purposes. The state Temporary or periodic personnel financial plans, conduct of surveys, administrative agency may charge a support, such as qualified peer needs assessments and examination of federally approved indirect cost rate to reviewers for medical and mental health victim satisfaction with the program, as this grant, but this cost is capped by the claims, and data processing support well as the use of technology to map limits of these five percent services are also allowable. These victim services. administrative funds. services may be obtained through means 12. Toll-free telephone numbers, States must certify that VOCA funds deemed acceptable by state Internet access to claim information, used for administrative purposes will administrative procedures. and other such program enhancements. C. Requirement to Notify OVC of Use not supplant state or local funds but 2. Training and technical assistance. of Administrative Funds. State grantees will increase the amount of funds that Attendance at training and technical are available for administering the that elect to utilize administrative funds assistance meetings and conferences under the VOCA compensation grant are compensation program. For the purpose that address issues relevant to state of establishing a baseline level of effort, required to include with their annual administration of victim compensation application notification of their intent to states must maintain documentation on programs. Allowable costs may include the overall administrative commitment use administrative funds; i.e., the travel, registration fees and other such percentage of funds, and the purposes of the state prior to their use of VOCA expenses. administrative grant funds. State for which they will be used. Grantees 3. Monitor compliance with Federal will be expected to include in their grantees will not be in violation of the and state requirements. non-supplantation clause if there is a annual performance report 4. Automation including study, decrease in the state’s previous financial documentation of actual use of design and implementation of claims commitment towards the administration administrative funds. processing and other relevant systems; of the VOCA grant programs in the D. Confidentiality of Research purchase and maintenance of following situations: (1) A serious loss Information. Except as otherwise equipment for the state grantee, of revenue at the state level, resulting in provided by Federal law, no officer or including computers, software, FAX across-the-board budget restrictions; and employee of the Federal Government or machines, copying machines and TTY’s; (2) A decrease in the number of ‘‘state- recipient of monies under VOCA shall and services required to support the use supported’’ staff positions used to meet use or reveal any research or statistical of technology to enhance services to the state’s ‘‘maintenance of effort’’ in information gathered under this administering the VOCA grant crime victims. program by any person, and identifiable programs. State grantees using 5. Delivery of training to victim to any specific private person, for any administrative funds must notify OVC if services providers, criminal justice purpose other than the purpose for there is a decrease in the amount of its personnel, and health and mental which such information was obtained, previous state financial commitment to health, and social services providers in accordance with VOCA. Such the cost of administering the VOCA about the crime victim compensation information, and any copy of such program. program. Training may include information, shall be immune from legal Only staff activities directly related to information on application, eligibility process and shall not, without the compensation functions can be funded requirements and compensable consent of the person furnishing such with VOCA administrative funds. expenses. information, be admitted as evidence or Similarly, any equipment purchases or 6. Memberships in crime victim used for any purpose in any action, suit, other expenditures charged to the VOCA organizations and victim-related or other judicial, legislative, or administrative funds can only be informational materials. administrative proceeding. charged proportionate to the percentage 7. Prorated program audit costs for the This provision is intended, among of time utilized by the compensation crime victim compensation program. other things, to assure the program. 8. Indirect costs at a federally confidentiality of information provided B. Allowable Costs. Allowable approved rate that when applied, does by crime victims to employees of administrative costs include but are not not exceed the 5 percent administrative VOCA-funded victim compensation limited to the following: cost allowance. programs. However, there is nothing in 1. Salaries and benefits for staff and 9. Participation in improving VOCA or its legislative history to consultant fees to administer and coordination efforts on behalf of crime indicate that Congress intended to manage the financial and programmatic victims with other Federal, state, and override or repeal, in effect, a state’s aspects of the crime victim local agencies and organizations. This existing law governing the disclosure of compensation program and federal includes development of protocols, information, which is supportive of funding. Staff supported by policies, and procedures that promote VOCA’s fundamental goal of helping administrative funds under the VOCA coordination of victim compensation crime victims. For example, this crime victim compensation grant must with other financial and services provision would not act to override or work directly for the compensation programs that improve responses to repeal, in effect, a state’s existing law program in the same proportion as their crime victims. Such participation pertaining to the mandatory reporting of level of support from VOCA grant funds. includes the development and a suspected child abuse. See Pennhurst
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State School and Hospital v. grantees’ current fiscal year application procedures and records of VOCA state Halderman, et al., 451 U.S. 1 (1981). as a base application in order to allow grantees. Therefore, upon request, states for an abbreviated and expedited means must provide authorized representatives VIII. Financial Requirements to supplement funding. When a mass with access to examine all records, As a condition of receiving a grant, violence or terrorist act occurs, an OVC books, papers, case files, or other states must agree to insure adherence to staff person and the VOCA documents related to the expenditure of the general and specific requirements of administrator will communicate funds received under this grant. the OJP Financial Guide and all concerning the need for technical applicable OMB Circulars and Common B. Office for Victims of Crime. OVC assistance and for emergency reserve conducts on-site monitoring in Rules. This includes the maintenance of funds, if needed. If the OVC Director books and records in accordance with accordance with its monitoring plan. decides that supplemental Federal While on site, OVC personnel review generally accepted government funding is needed, the State grantee accounting principles. For copies of the various documents and files including: must submit the Standard Form 424, (1) program manuals; (2) procedures; (3) OJP Financial Guide, call or write the Application for Federal Assistance and OJP Office of the Comptroller, 810 7th program reports; (4) claimant its attachments to apply for funds. application, eligibility requirements, Street NW, Washington, DC 20531, When considering whether to award a Customer Service Center 1/800–458– determination and appeal processes; (5) supplemental grant, the OVC Director a random sampling of victim 0786; or visit the website at: http:// will consider, among other factors: www.ojp.usdoj.gov/FinGuide/. compensation claim files; and (6) other 1. The numbers of victims injured or applicable state records and files. IX. Mass Violence and Terrorism killed. Grantees are notified in writing of their 2. The impact on a community. compliance with requirements of A. Criminal Crisis Response. VOCA 3. The resource limitations of the state VOCA. crime victim compensation grantees are and the community to meet the needs encouraged to participate in state resulting from the mass violence or XI. Suspension and Termination of activities that prepare for and respond terrorist act. Funding to mass violence and to terrorist acts, 4. The projected amount of including working with the designated supplemental funding needed as well as If, after reasonable notice to the emergency preparedness organizations the period of time for which funding is grantee, OVC finds that a state has failed in state government. This also includes needed. to comply substantially with VOCA, the working with the VOCA victim C. Grant Period. Supplemental victim state’s application for funding, the OJP assistance state grantee, community- compensation grant funds are available Financial Guide (effective edition), the based crime victim assistance programs, for expenditure throughout the fiscal Final Program Guidelines, or any and other institutions such as schools year of award plus the next three fiscal implementing regulation or Federal on protocols for responding to victims years. The federal fiscal year begins on requirements, OVC may suspend or of terrorist incidents. Administrative October 1 and ends on September 30. terminate funding to the state and/or dollars can be used for these purposes take other appropriate action. Under the X. Monitoring by state grantees. procedures of 28 CFR Part 18, states B. Emergency Reserve Funds. The A. Office of the Comptroller/General may request a hearing on the record on Director of OVC may supplement crime Accounting Office/Office of the the justification for the suspension and/ victim compensation programs for costs Inspector General. The U.S. Department or termination of VOCA funds. associated with mass violence or of Justice, Office of Justice Programs, Dated: September 12, 2000. terrorism to provide emergency relief, Office of the Comptroller; the General including crisis response efforts, Accounting Office; and the U.S. Kathryn M. Turman, assistance, training, and technical Department of Justice, Office of the Director, Office for Victims of Crime. assistance. When a supplement is Inspector General, conduct periodic [FR Doc. 00–23790 Filed 9–19–00; 8:45 am] needed, OVC will utilize the state reviews of the financial policies and BILLING CODE 4401±18±P
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Part VI
The President Executive Order 13167—Amendment to Executive Order 13147, Increasing the Membership of the White House Commission on Complementary and Alternative Medicine Policy
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Federal Register Presidential Documents Vol. 65, No. 183
Wednesday, September 20, 2000
Title 3— Executive Order 13167 of September 15, 2000
The President Amendment to Executive Order 13147, Increasing the Mem- bership of the White House Commission on Complementary and Alternative Medicine Policy
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Com- mittee Act, as amended (5 U.S.C. App.), and in order to increase the member- ship of the White House Commission on Complementary and Alternative Medicine Policy from not more than 15 members to up to 20 members, it is hereby ordered that the second sentence of section 1 of Executive Order 13147 of May 7, 2000, is amended by deleting ‘‘not more than 15’’ and inserting ‘‘up to 20’’ in lieu thereof. œ–
THE WHITE HOUSE, September 15, 2000.
[FR Doc. 00–24364 Filed 9–19–00; 8:45 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 65, No. 183 Wednesday, September 20, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER
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 9 CFR 94...... 56774 Presidential Documents Administrative Orders: 98...... 56775 Executive orders and proclamations 523±5227 Memorandums: September 11, 2000...... 56209 318...... 53531 The United States Government Manual 523±5227 Presidential Determinations: 381...... 53531 Presidential Proposed Rules: Other Services Determination No. 75...... 56807 Electronic and on-line services (voice) 523±4534 99±36 of September 206...... 53653 Privacy Act Compilation 523±3187 10, 1999 317...... 56262 Public Laws Update Service (numbers, dates, etc.) 523±6641 (see Presidential 381...... 56262 TTY for the deaf-and-hard-of-hearing 523±5229 Determination No. 390...... 56503 2000±29 of 10 CFR September 12, 2000) ELECTRONIC RESEARCH No. 00±29 of 1...... 54948 World Wide Web September 12, 2...... 54948 2000 ...... 55883 19...... 54948 Full text of the daily Federal Register, CFR and other Proclamations: 30...... 54948 publications: 7336...... 53887 40...... 54948 http://www.access.gpo.gov/nara 7337...... 54397 50...... 54948 7338...... 56457 51...... 54948 Federal Register information and research tools, including Public 70...... 54948, 56211 Inspection List, indexes, and links to GPO Access: 7339...... 56459 7340...... 56761 72...... 53533 http://www.nara.gov/fedreg 7341...... 56767 430...... 56740 7342...... 56769 E-mail 12 CFR 7343...... 56771 PENS (Public Law Electronic Notification Service) is an E-mail Executive Orders: 612...... 54742 service for notification of recently enacted Public Laws. To 5327 (Revoked in part 614...... 54742 subscribe, send E-mail to by PLO 7461)...... 54297 702...... 55439 [email protected] 13147 (Amended by 709...... 55439 1710...... 55169 with the text message: EO 13167)...... 57079 13167...... 57079 Proposed Rules: subscribe PUBLAWS-L your name 741...... 55464 Use [email protected] only to subscribe or unsubscribe to 5 CFR PENS. We cannot respond to specific inquiries. 532...... 55431 13 CFR 2635...... 55076 121...... 53533 Reference questions. Send questions and comments about the Federal Register system to: Proposed Rules: 2635...... 53650 14 CFR [email protected] 2640...... 53942 23...... 55848, 56779 The Federal Register staff cannot interpret specific documents or 25...... 55443, 55848 7 CFR regulations. 33...... 55848 246...... 53523 39 ...... 53157, 53158, 53161, 301 ...... 53528, 54139, 54741, FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 53897, 54140, 54143, 54145, 54943, 55431 54403, 54407, 54409, 54743, 53157±53522...... 1 457...... 56773 55175, 55449, 55450, 55452, 53523±53888...... 5 905...... 55885 55453, 55457, 55891, 56231, 920...... 54945 53889±54138...... 6 56233, 56236, 56780, 56783, 927...... 53531 56785 54139±54396...... 7 929...... 55436 71 ...... 53558, 54950, 54952, 54397±54740...... 8 944...... 54945 54953, 55076, 56239, 56240, 54741±54942...... 11 1735...... 54399 56466, 56468, 56788 54943±55168...... 12 Proposed Rules: 95...... 54744 55169±55430...... 13 226...... 55102 97...... 55458 55431±55884...... 14 319...... 56803 121...... 56192 55885±56208...... 15 932...... 54818 125...... 56192 56209±56456...... 18 983...... 53652 135...... 56192 56457±56772...... 19 1940...... 55784 145...... 56192 56773±57080...... 20 1945...... 54973 400...... 56618 401...... 56618 8 CFR 404...... 56618 204...... 53889 405...... 56618 214...... 56463 406...... 56618 245...... 53889 413...... 56618
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415...... 56618 25...... 56468 225...... 55429 180 ...... 55911, 55921, 56253 431...... 56618 101...... 54686, 56468 344...... 55400 260...... 56798 433...... 56618 107...... 56468 380...... 55426 261...... 54955, 56798 435...... 56618 110...... 56468 264...... 56798 450...... 56670 114...... 56468 32 CFR 265...... 567980 Proposed Rules: 170...... 56468 311...... 53168 266...... 56798 23...... 56809 203...... 56480 701...... 53171 270...... 56798 25...... 56992 205...... 56480 736...... 53589 271...... 56798 39 ...... 53199, 53201, 53203, 310...... 56468 762...... 53171 300...... 56258 53205, 53206, 54182, 54184, 312...... 56468 765...... 53171 Proposed Rules: 54445, 54820, 54823, 54981, 314...... 56468 770...... 53591 50...... 54828 55466, 55468, 55470, 56264, 316...... 56468 Proposed Rules: 51...... 56844 56266, 56268, 56270, 56273, 500...... 56468 326...... 53902 52 ...... 53214, 53680, 53962, 56275, 56276, 56506, 56507, 510...... 54147, 55460 651...... 54348 54820, 55205, 56278, 56284, 56509, 56811, 56814, 56817, 514...... 56468 56856 56819 520...... 53581 33 CFR 62...... 53680 71...... 54824, 54825 573...... 53167 100...... 54150, 56484 63 ...... 55332, 55489, 55491 91...... 56992 558 ...... 53581, 53582, 53583, 117 ...... 54795, 54954, 56484, 80...... 53215, 54447 121...... 56992 54147, 54410, 54411, 55883 56793 81...... 54828 125...... 56992 601...... 56468 162...... 53593 85...... 56844 135...... 56992 803...... 56468 165 ...... 54152, 54153, 54795, 141...... 55362 814...... 56468 54797, 56484 146...... 53218 15 CFR 860...... 56468 167...... 53911 148...... 55684 738...... 55177 Proposed Rules: 401...... 56488 152...... 55929 742...... 55177 101...... 56835 Proposed Rules: 174...... 55929 746...... 55177 201...... 56511 26...... 56843 260...... 56287 774...... 55177 161...... 56843 261...... 55684, 56287 960...... 56241 22 CFR 165...... 56843 268...... 55684, 56287 22...... 54148 271 ...... 55684, 56287, 56288 16 CFR 40...... 54412 34 CFR 300...... 54190, 56288 305...... 53163, 53165 42...... 54412 Proposed Rules: 302...... 55684 1000...... 53167 203...... 54790 303...... 53808 372...... 53681 Proposed Rules: 24 CFR 41 CFR 313...... 54186 36 CFR 436...... 53946 5...... 55134 51...... 54155 101-16...... 54965 401...... 53899 242...... 55190 102-5...... 54965 17 CFR 903...... 55134 1010...... 55896 Ch. 301 ...... 53470 146...... 53559 982...... 55134 Proposed Rules: 42 CFR 200...... 55180 7...... 53208 25 CFR 240...... 53560 293...... 54190 36...... 53914 Proposed Rules: Proposed Rules: 800...... 55928 36a...... 53914 30...... 53946 103...... 53948 447...... 55076 210...... 54189 292...... 55471 37 CFR 457...... 55076 240...... 54189 1 ...... 54604, 56366, 56791, Proposed Rules: 26 CFR 57024 405...... 53963 18 CFR 1...... 53584, 53901 3...... 54604 410...... 55078 Proposed Rules: 25...... 53587 5...... 54604, 57024 414...... 55078 1304...... 56821 602...... 53584, 56484 10...... 54604 43 CFR Proposed Rules: Proposed Rules: 19 CFR 1...... 56835 201...... 54984 Proposed Rules: 4...... 56788 256...... 54984 3600...... 55864 28 CFR 10...... 53565 401...... 54826 3610...... 55864 12...... 53565 Proposed Rules: 3620...... 55864 18...... 53565 16...... 53679 38 CFR 44 CFR 24...... 53565, 56790 545...... 56840 8...... 54798 111...... 53565 550...... 56840 19...... 55461 Ch. I ...... 53914 113...... 53565 21...... 55192 65...... 53915 114...... 53565 29 CFR 67...... 53917 125...... 53565 4022...... 55894 39 CFR 295...... 53914 134...... 53565 4044...... 55894 20...... 55462, 56242 Proposed Rules: 145...... 53565 Proposed Rules: 67...... 53964 30 CFR 162...... 53565 111...... 53212, 56511 171...... 53565 218...... 55187 45 CFR 172...... 53565 917...... 53909 40 CFR 2543...... 53608 178...... 56788 931...... 54791 9...... 55810 Proposed Rules: 51...... 56245 46 CFR 20 CFR 218...... 55476 52 ...... 53172, 53180, 53181, Proposed Rules: 404...... 54747 256...... 55476 53595, 53599, 53602, 54413, 401...... 55206 416...... 54747 260...... 55476 55193, 55196, 55201, 55910, 943...... 54982 56251, 56486, 56794m 47 CFR 21 CFR 56797 Ch. I ...... 55923 7...... 56468 31 CFR 60...... 56798 1 ...... 53610, 54799, 56261 10...... 56468 1...... 56792 62...... 53605 2...... 54155 14...... 56468 202...... 55427 63 ...... 54419, 55810, 56798 11...... 53610, 54155 19...... 56468 203...... 55428 80...... 53185, 54423 21...... 53610
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24...... 53624 50 CFR 25...... 53610, 54155 17...... 54177 51...... 54433 20 ...... 53190, 53492, 53936 52...... 53189 64...... 54799 25...... 56396 73 ...... 53610, 53638, 53639, 32...... 56396 53640, 54176, 54804, 54805, 100...... 55190 55924, 55925, 55926, 56799, 300...... 54969 56800 600...... 53646 74...... 53610, 54155 622 ...... 55203, 56500, 56801 76...... 53610 635...... 54970 78...... 54155 648 ...... 53648, 53940, 55926 79 ...... 54176, 54805, 56801 660 ...... 53646, 53648, 54178, 90...... 53641 54817, 56801 95...... 53190 679 ...... 53197, 53198, 54179, 100...... 53610 54180, 54971, 56502 101...... 54155 Proposed Rules: Proposed Rules: 20...... 56752, 56757 17 ...... 53222, 53691, 53974, 73 ...... 53690, 53973, 53974, 54472, 54892, 56530 54192, 54832, 54833, 55930, 600...... 54833 56857, 56858 622...... 54474 90...... 55931 648...... 54987 660 ...... 53692, 54475, 55214, 48 CFR 55495 209...... 54988 679...... 56860 1828...... 54439 1845...... 54813 1852...... 54439, 54813 Proposed Rules: 2...... 54940 13...... 54936 22...... 54104 25...... 54936 31...... 54940 32...... 56454 35...... 54940 52 ...... 54104, 54936, 56454 204...... 54985 213...... 56858 442...... 54986 1811...... 56859 49 CFR 192...... 54441 195...... 54441 593...... 56489 594...... 56497 Proposed Rules: 23...... 54454 26...... 54454 385...... 56521 386...... 56521 565...... 53219 571...... 55212 1244...... 54471
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REMINDERS Higher Education Act; Title Radio services, special: The items in this list were COMMENTS DUE NEXT IV programs; application, Private land mobile editorially compiled as an aid WEEK reapplication, and servicesÐ to Federal Register users. certification processes; Public safety 700 MHz Inclusion or exclusion from streamlining, etc.; band; comments due by AGRICULTURE this list has no legal comments due by 9-25- 9-25-00; published 8-25- DEPARTMENT significance. 00; published 8-10-00 00 Agricultural Marketing ENVIRONMENTAL Radio stations; table of Service PROTECTION AGENCY assignments: RULES GOING INTO Oranges, grapefruit, Air pollutants, hazardous; Vermont; comments due by tangerines, and tangelos EFFECT SEPTEMBER 20, national emission standards: 9-25-00; published 8-24- 2000 grown inÐ 00 Polymers and resinsÐ Florida; comments due by Television broadcasting: AGRICULTURE 9-25-00; published 9-15- Compliance date (Group Cable television systemsÐ DEPARTMENT 00 IV); indefinite stay; Multichannel video and comments due by 9-28- Animal and Plant Health COMMERCE DEPARTMENT cable television service; 00; published 8-29-00 Inspection Service National Oceanic and 1998 biennial review; Compliance date (Group Exportation and importation of Atmospheric Administration comments due by 9-26- IV); indefinite stay; animals and animal 00; published 9-5-00 Land Remote Sensing Policy comments due by 9-28- products: Act of 1992: GENERAL SERVICES 00; published 8-29-00 ADMINISTRATION Poultry products from Private land remote-sensing Mexico transiting U.S.; Air quality implementation Federal Acquisition Regulation space systems; licensing plans; approval and published 8-21-00 requirements; comments (FAR): promulgation; various Civilian Agency Acquisition ENVIRONMENTAL due by 9-29-00; published States: PROTECTION AGENCY 7-31-00 Council and Defense California; comments due by Acquisition Regulations Pesticides; tolerances in food, Marine mammals: 9-28-00; published 8-29- Council; definitions for animal feeds, and raw Incidental takingÐ 00 classified acquisitions; agricultural commodities: North Pacific Acoustic Indiana; comments due by comments due by 9-26- Azinphos-methyl; published Laboratory; low 00; published 7-28-00 6-22-00 9-28-00; published 8-29- frequency sound source 00 Final contract voucher HOUSING AND URBAN operation; comments Air quality implementation submission; comments DEVELOPMENT due by 9-25-00; plans; √A√approval and due by 9-25-00; published DEPARTMENT published 8-24-00 promulgation; various 7-27-00 Privacy Act; implementation; COMMODITY FUTURES States; air quality planning North American Industry published 8-21-00 TRADING COMMISSION purposes; designation of Classification System; NUCLEAR REGULATORY Commodity Exchange Act: areas: comments due by 9-25- COMMISSION 00; published 7-26-00 Futures commission Michigan; comments due by Spent nuclear fuel and high- merchants and introducing 9-29-00; published 8-30- HEALTH AND HUMAN level radioactive waste; brokers; minimum financial 00 SERVICES DEPARTMENT independent storage; requirements Superfund program: Food and Drug licensing requirements: Capital charge on Administration Flexibility; clarification and National oil and hazardous Biological products: unsecured receivables substances contingency addition; published 8-21- In vivo radiopharmaceuticals due from foreign planÐ 00 brokers; comments due used for diagnosis and National priorities list SOCIAL SECURITY by 9-27-00; published monitoringÐ update; comments due ADMINISTRATION 8-28-00 Medical imaging drugs by 9-25-00; published Social security benefits and and biologics, DEFENSE DEPARTMENT 7-27-00 supplemental security development; evaluation Federal Acquisition Regulation National priorities list and approval; industry income: (FAR): Mental disorders and update; comments due guidance; comments Civilian Agency Acquisition traumatic brain injury in by 9-28-00; published due by 9-29-00; Council and Defense adults; medical criteria; 8-28-00 published 7-31-00 Acquisition Regulations impairments listing; National priorities list INTERIOR DEPARTMENT Council; definitions for published 8-21-00 update; comments due Fish and Wildlife Service classified acquisitions; by 9-28-00; published Endangered and threatened TRANSPORTATION comments due by 9-26- 8-28-00 species: DEPARTMENT 00; published 7-28-00 Federal Aviation FARM CREDIT Critical habitat Final contract voucher ADMINISTRATION designationsÐ Administration submission; comments Airworthiness directives: Farm credit system: Spectacled eider and due by 9-25-00; published Steller's eider; Airbus; published 8-16-00 7-27-00 Loan policies and operationsÐ comments due by 9-25- Bell; published 8-16-00 North American Industry 00; published 8-24-00 Loan purchases and Lockheed; published 8-16-00 Classification System; Southwestern Washington/ sales; definitions; Saab; published 8-16-00 comments due by 9-25- Columbia River coastal comments due by 9-25- General rulemaking 00; published 7-26-00 cutthroat trout; take 00; published 7-26-00 procedures: EDUCATION DEPARTMENT prohibitions clarification; Plain language and removal Postsecondary education: FEDERAL comments due by 9-29- of redundant and outdated Federal Family Education COMMUNICATIONS 00; published 9-6-00 material; published 8-21- Loan Program and COMMISSION INTERIOR DEPARTMENT 00 William D. Ford Federal Digital television stations; table Hearings and Appeals TREASURY DEPARTMENT Direct Loan Program; of assignments: Office, Interior Department Privacy Act; implementation; comments due by 9-25- Maine; comments due by 9- Hearings and appeals published 9-20-00 00; published 8-10-00 25-00; published 8-7-00 procedures:
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Surface coal mining; award Auditor independence Class E airspace; comments session of Congress which of costs and expenses; requirements; comments due by 9-29-00; published have become Federal laws. It petitions; comments due due by 9-25-00; published 8-23-00 may be used in conjunction by 9-26-00; published 7- 7-12-00 TRANSPORTATION with ``P L U S'' (Public Laws 28-00 TRANSPORTATION DEPARTMENT Update Service) on 202±523± JUSTICE DEPARTMENT DEPARTMENT Federal Highway 6641. This list is also Drug Enforcement Coast Guard Administration available online at http:// Administration Drawbridge operations: Transportation Equity Act for www.nara.gov/fedreg. Prescriptions: Louisiana; comments due by 21st Century; Facsimile transmission for 9-27-00; published 8-28- implementation: The text of laws is not patients enrolled in 00 Engineering services; State published in the Federal hospice programs; TRANSPORTATION transportation Register but may be ordered comments due by 9-25- DEPARTMENT departments; in ``slip law'' (individual 00; published 7-25-00 administrative costs Federal Aviation pamphlet) form from the eligibility; comments due NATIONAL AERONAUTICS Administration Superintendent of Documents, AND SPACE by 9-25-00; published 7- Air carrier certification and U.S. Government Printing ADMINISTRATION 26-00 operations: Office, Washington, DC 20402 Federal Acquisition Regulation TRANSPORTATION Airbus airplanes; digital flight (phone, 202±512±1808). The (FAR): DEPARTMENT data recorder text will also be made Civilian Agency Acquisition requirements; revisions; National Highway Traffic available on the Internet from Council and Defense Safety Administration comments due by 9-25- GPO Access at http:// Acquisition Regulations 00; published 8-24-00 Motor vehicle safety www.access.gpo.gov/nara/ Council; definitins for standards: Airworthiness directives: index.html. Some laws may classified acquisitions; School bus safety; small Aerospatiale; comments due not yet be available. comments due by 9-26- business impacts; by 9-28-00; published 8- 00; published 7-28-00 comments due by 9-29- 29-00 Final contract voucher 00; published 9-13-00 H.R. 3519/P.L. 106±264 Airbus; comments due by 9- submission; comments TREASURY DEPARTMENT due by 9-25-00; published 25-00; published 8-24-00 Global AIDS and Tuberculosis Boeing; comments due by Alcohol, Tobacco and 7-27-00 Firearms Bureau Relief Act of 2000 (Aug. 19, North American Industry 9-25-00; published 7-25- Alcohol; viticultural area 2000; 114 Stat. 748) Classification System; 00 designations: comments due by 9-25- British Aerospace; Last List August 22, 2000 Fair Play, El Dorado 00; published 7-26-00 comments due by 9-28- 00; published 8-29-00 County, CA; comments NUCLEAR REGULATORY due by 9-25-00; published Dornier; comments due by COMMISSION 7-25-00 Rulemaking petitions: 9-28-00; published 8-29- TREASURY DEPARTMENT Union of Concerned 00 Public Laws Electronic Currency and foreign Scientists; comments due Empresa Brasileira de Notification Service transactions; financial by 9-25-00; published 7- Aeronautica, S.A.; (PENS) reporting and recordkeeping 10-00 comments due by 9-28- requirements: Spent nuclear fuel and high- 00; published 8-29-00 Bank Secrecy Act; level radoactive waste; Empressa Brasileira de implementationÐ independent storage; Aeronautica S.A.; PENS is a free electronic mail licening requirements: comments due by 9-29- Currency transactions notification service of newly FuelSolutions addition; 00; published 8-15-00 reporting requirement; enacted public laws. To comments due by 9-25- McDonnell Douglas; exemptions; comments subscribe, go to www.gsa.gov/ due by 9-26-00; 00; published 7-11-00 comments due by 9-25- archives/publaws-l.html or published 7-28-00 POSTAL SERVICE 00; published 7-27-00 send E-mail to VETERANS AFFAIRS International Mail Manual: Raytheon; comments due by [email protected] with DEPARTMENT Priority Mail Global 9-25-00; published 8-10- the following text message: Guaranteed; enhanced 00 Adjudication; pensions, compensation, dependency, expedited service from Class D and Class E SUBSCRIBE PUBLAWS-L etc.: selected U.S.locations to airspace; comments due by Your Name. selected European 9-29-00; published 8-9-00 Signature by mark; countries and China; Class D and Class E comments due by 9-25- Note: This service is strictly amendment; comments airspace; correction; 00; published 7-26-00 for E-mail notification of new due by 9-27-00; published comments due by 9-29-00; laws. The text of laws is not 8-28-00 published 8-21-00 LIST OF PUBLIC LAWS available through this service. SECURITIES AND Class D and Class E4 PENS cannot respond to EXCHANGE COMMISSION airspace; comments due by This is a continuing list of specific inquiries sent to this Securities, etc.: 9-28-00; published 8-29-00 public bills from the current address.
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