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1 II Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000

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2 III

Contents Federal Register Vol. 65, No. 53

Friday, March 17, 2000

Actuaries, Joint Board for Enrollment Coast Guard See Joint Board for Enrollment of Actuaries RULES Pollution: Oil or hazardous material pollution prevention Agricultural Marketing Service regulations for vessels; CFR correction, 14470–14471 PROPOSED RULES PROPOSED RULES Fluid milk promotion order: Ports and waterways safety: Amendments, 14484–14485 OPSAIL Miami 2000, Miami, FL; safety zone, 14502– Livestock Mandatory Reporting Act: 14505 Livestock packers and products processors and importers; Skull Creek, Hilton Head, SC; safety zone, 14501–14502 market reporting requirements, 14652–14691 Regattas and marine parades, anchorage regulations, and Watermelon research and promotion plan, 14485–14486 ports and waterways safety: NOTICES OPSAIL MAINE 2000, Portland, ME; regulated areas, Meetings: 14498–14501 Tobacco Inspection Services National Advisory NOTICES Committee, 14521–14522 Meetings: Chemical Transportation Advisory Committee, 14640– 14641 Agriculture Department See Agricultural Marketing Service Commerce Department See Farm Service Agency See Export Administration Bureau See Food Safety and Inspection Service See International Trade Administration See Forest Service See National Institute of Standards and Technology See Rural Business-Cooperative Service See National Oceanic and Atmospheric Administration See Rural Housing Service NOTICES See Rural Utilities Service Agency information collection activities: PROPOSED RULES Submission for OMB review; comment request, 14533– Import quotas and fees: 14534 Sugar-containing products; tariff-rate quota licensing, 14478–14484 Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Emergency declarations: NOTICES Scrapie in U.S., 14521 Procurement list; additions and deletions, 14532–14533 Committee for the Implementation of Textile Agreements Antitrust Division NOTICES NOTICES Cotton, wool, and man-made textiles: Competitive impact statements and proposed consent Pakistan, 14544 judgments: CBS Corp. et al., 14616–14625 Commodity Futures Trading Commission RULES Blind or Severely Disabled, Committee for Purchase From Reporting requirements: People Who Are Large trader reports; reporting levels changes, 14452– 14458 See Committee for Purchase From People Who Are Blind or Severely Disabled Copyright Office, Library of Congress PROPOSED RULES Centers for Disease Control and Prevention Digital Millennium Copyright Act: PROPOSED RULES Circumvention of copyright protection systems for access Clinical Laboratory Improvement Amendments: control technologies; exemption to prohibition, Laboratories regulations— 14505–14506 Cytology proficiency testing; withdrawn, 14510–14513 NOTICES Defense Department Agency information collection activities: See Navy Department Proposed collection; comment request, 14573–14574 Education Department NOTICES Children and Families Administration Special education and rehabilitative services: See Refugee Resettlement Office Individuals with Disabilities Education Act (IDEA)— NOTICES Correspondence; quarterly list, 14545–14549 Grants and cooperative agreements; availability, etc.: Applications, hearings, determinations, etc.: Family Violence Prevention and Services Program, Bilingual education and minority languages affairs— National Domestic Violence Hotline, 14574–14594 Field-Initiated Research Program, 14730–14749

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Employment and Training Administration Farm Service Agency NOTICES RULES Adjustment assistance and NAFTA transitional adjustment Program regulations: assistance: Real estate and chattel appraisals; regulatory Weathervane Window, Inc., et al., 14626–14629 streamlining; correction, 14432–14433 Agency information collection activities: NOTICES Proposed collection; comment request, 14629–14630 Agency information collection activities: Labor surplus areas classifications: Proposed collection; comment request, 14522–14523 Annual list Additions, 14630 Federal Aviation Administration RULES Employment Standards Administration IFR altitudes, 14442–14444 NOTICES PROPOSED RULES Minimum wages for Federal and federally-assisted Class D and Class E airspace, 14497–14498 construction; general wage determination decisions, NOTICES 14630–14631 Advisory circulars; availability, etc.: Focused inspection of safety critical turbine engine parts Energy Department as piece-part opportunity; continued airworthiness See Federal Energy Regulatory Commission instructions, 14641 See Southeastern Power Administration One-year runway incursion information and evaluation NOTICES program; policy statement, 14641–14643 Grants and cooperative agreements; availability, etc.: Passenger facility charges; applications, etc.: Medical Applications Program, 14549–14551 Luis Munoz Marin International Airport, PR, 14643 Terrestrial Carbon Processes; research, 14551–14552 Natural gas exportation and importation: Federal Communications Commission Petrocom Energy Group, Ltd., et al., 14553–14554 RULES Organization, functions, and authority delegations: Environmental Protection Agency Headquarters; address change, 14476 RULES NOTICES Hazardous waste: Agency information collection activities: Identification and listing— Proposed collection; comment request, 14560–14561 Organobromine production wastes, 14472–14475 Common carrier services: Superfund program: Wireless telecommunications services— National oil and hazardous substances contingency 700 MHz guard bands; licenses auction; reserve prices plan— or minimum opening bids, etc.; comment request, National priorities list update, 14475–14476 PROPOSED RULES 14561–14565 Air quality implementation plans; approval and Meetings: promulgation; various States; air quality planning Public Safety National Coordination Committee, 14565– purposes; designation of areas: 14566 Ohio and Kentucky, 14510 Meetings; Sunshine Act, 14566 Air quality implementation plans; approval and Federal Deposit Insurance Corporation promulgation; various States: Florida, 14506–14510 NOTICES NOTICES Agency information collection activities: Environmental statements; availability, etc.: Proposed collection; comment request, 14566–14568 Agency statements— ‘‘Engaged in the business of receiving deposits other than Comment availability, 14558–14559 trust funds’’; General Counsel opinion, 14568–14572 Weekly receipts, 14558 Coastal nonpoint pollution control programs; States and Federal Energy Regulatory Commission territories— NOTICES Rhode Island, 14543 Electric rate and corporate regulation filings: Environmental statements; notice of intent: DTE River Rouge No. 1, LLC, et al., 14554–14556 Peace River Intake Facility, FL; expanded water treatment El Segundo Power, LLC, et al., 14556–14557 and aquifier storage/recovery facilities, 14559–14560 Applications, hearings, determinations, etc.: Louisiana Generating LLC, 14554 Export Administration Bureau RULES Federal Reserve System Export administration regulations: RULES and Pakistan; entity list; entities removed, license Bank holding companies and change in bank control policy revised, and list reformatted, 14444–14452 (Regulation Y): Financial holding companies— Farm Credit Administration Permissible activities, 14433–14440 PROPOSED RULES Securities underwriting, dealing, and market-making Farm credit system: activities, 14440–14442 Disclosure to shareholders— NOTICES Annual reporting requirements, 14494–14497 Banks and bank holding companies: Loan policies and operations— Change in bank control, 14573 Loans to designated parties; approval, 14491–14494 Formations, acquisitions, and mergers, 14573

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Fish and Wildlife Service Section 202 projects; assisted living conversion program, PROPOSED RULES 14694–14705 Endangered and threatened species: Regulatory waiver requests; quarterly listing, 14716–14727 Pecos pupfish; withdrawn, 14513–14518 NOTICES Immigration and Naturalization Service Endangered and threatened species permit applications, RULES 14609 Irish Peace Process Cultural and Training Program; establishment, 14774–14780 Food and Drug Administration NOTICES NOTICES Agency information collection activities: Committees; establishment, renewal, termination, etc.: Proposed collection; comment request, 14626 Possible Long-Term Health Effects of Phenoxy Herbicides and Contaminants Special Studies Advisory Indian Affairs Bureau Committee et al., 14594 RULES Tribal revenue allocation plans, 14461–14469 Food Safety and Inspection Service PROPOSED RULES Interior Department Meat and poultry inspection: See Fish and Wildlife Service Cured pork products compliance monitoring system; See Geological Survey requirements elimination, 14489–14491 See Indian Affairs Bureau Other consumer protection activities, 14486–14489 See Land Management Bureau See Minerals Management Service Forest Service NOTICES Internal Revenue Service Environmental statements; notice of intent: NOTICES Manti-La Sal National Forest, UT, 14523–14524 Agency information collection activities: National Forest System lands: Proposed collection; comment request, 14644–14645 San Francisco Peaks, AZ; withdrawal for protection of cultural, recreational, and resource values; public International Trade Administration meeting, 14524–14525 NOTICES Geological Survey Antidumping: Corrosion-resistant carbon steel flat products from— NOTICES Japan, 14534–14535 Meetings: Grain-oriented electrical steel from— Water Information Advisory Committee, 14609 Italy, 14535 Health and Human Services Department Grants and cooperative agreements; availability, etc.: See Centers for Disease Control and Prevention Market Development Cooperator Program, 14535–14542 See Children and Families Administration See Food and Drug Administration Joint Board for Enrollment of Actuaries See Health Care Financing Administration NOTICES See Health Resources and Services Administration Meetings: See Refugee Resettlement Office Actuarial Examinations Advisory Committee, 14521 See Substance Abuse and Mental Health Services Administration Justice Department See Antitrust Division Health Care Financing Administration See Immigration and Naturalization Service PROPOSED RULES Clinical Laboratory Improvement Amendments: Labor Department Laboratories regulations— See Employment and Training Administration Cytology proficiency testing; withdrawn, 14510–14513 See Employment Standards Administration NOTICES Health Resources and Services Administration Meetings: NOTICES Trade Negotiations and Trade Policy Labor Advisory Agency information collection activities: Committee, 14626 Proposed collection; comment request, 14594–14595 Land Management Bureau Housing and Urban Development Department NOTICES NOTICES Agency information collection activities: Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 14610–14611 Community development block grant program— Environmental statements; availability, etc.: Multifamily housing owners; service coordinator Bitter Creek and Mountain Plover Areas, MT, 14611 program, 14708–14714 Environmental statements; notice of intent: Facilities to assist homeless— Manti-La Sal National Forest, UT, 14523–14524 Excess and surplus Federal property, 14605–14608 Meetings: Housing, community development, and empowerment Gila Box Riparian National Conservation Area Advisory programs and Section 8 housing voucher assistance Committee, 14612 (SuperNOFA) Resource Advisory Councils— Table of contents, 14608–14609 Mojave-Southern Great Basin, 14611–14612

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Motor vehicle use restrictions: Pension Benefit Guaranty Corporation Arizona, 14612 RULES Public land orders: Single-employer plans: Arizona, 14614–14615 Lump sum payment assumptions, 14753–14757 Realty actions; sales, leases, etc.: Valuation of benefits; use of single set of assumptions for Montana, 14612–14613 all benefits, 14752–14753 Nevada, 14613 Resource management plans, etc.: Personnel Management Office Clancy-Unionville Vegetative Manipulation and Travel RULES Management Project, MT, 14613–14614 Excepted service, career conditional employment system, Survey plat filings: and promotion and internal placement: Minnesota, 14614 Veterans Employment Opportunities Act; staffing provisions, 14431–14432 Library of Congress PROPOSED RULES See Copyright Office, Library of Congress Excepted service: Persons with psychiatric disabilities; appointments, Minerals Management Service 14477–14478 RULES NOTICES Outer Continental Shelf; oil, gas, and sulphur operations: Privacy Act: Portlease operations safety; update and clarification; Systems of records, 14635–14636 correction, 14469–14470 NOTICES Public Debt Bureau Agency information collection activities: NOTICES Proposed collection; comment request, 14615–14616 Agency information collection activities: Proposed collection; comment request, 14645–14648 National Institute of Standards and Technology NOTICES Public Health Service Inventions, Government-owned; availability for licensing, See Centers for Disease Control and Prevention 14542 See Food and Drug Administration Meetings: See Health Resources and Services Administration Manufacturing Extension Partnership National Advisory See Substance Abuse and Mental Health Services Board, 14542–14543 Administration Railroad Retirement Board National Oceanic and Atmospheric Administration RULES PROPOSED RULES Fishery conservation and management: Railroad Retirement Act: Caribbean, Gulf, and South Atlantic fisheries— Disability determination, 14458–14459 Gulf of Mexico reef fish, 14518–14519 Railroad Unemployment Insurance Act: Northeastern United States fisheries— Remuneration; definition, 14459–14461 NOTICES Deep-sea red crab; correction, 14519–14520 Supplemental annuity program; determination of quarterly NOTICES rate of excise tax, 14636 Environmental statements; availability, etc.: Coastal nonpoint pollution control programs; States and Refugee Resettlement Office territories— NOTICES Rhode Island, 14543 Grants and cooperative agreements; availability, etc.: Meetings: Torture survivors treatement and services, 14595–14603 Western Pacific Fishery Management Council, 14543– 14544 Rural Business-Cooperative Service NOTICES Navy Department Agency information collection activities: NOTICES Proposed collection; comment request, 14522–14523 Meetings: Naval Academy, Board of Visitors, 14545 Rural Housing Service NOTICES Nuclear Regulatory Commission Agency information collection activities: NOTICES Proposed collection; comment request, 14522–14523 Meetings: Grants and cooperative agreements; availability, etc.: Nuclear Waste Advisory Committee, 14634 Rural Community Development Initiative, 14525–14532 Reactor Safeguards Advisory Committee, 14634–14635 Applications, hearings, determinations, etc.: Rural Utilities Service Florida Power Corp., 14631–14632 NOTICES Northeast Nuclear Energy Co., 14632–14633 Agency information collection activities: Wisconsin Electric Power Co., 14633 Proposed collection; comment request, 14522–14523

Oklahoma City National Memorial Trust Securities and Exchange Commission RULES NOTICES Oklahoma City National Memorial regulations, 14760– Decimalization implementation plan; order to submit, 14761 14637

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Self-regulatory organizations; proposed rule changes: Treasury Department National Association of Securities Dealers, Inc., 14638– See Internal Revenue Service 14639 See Public Debt Bureau Applications, hearings, determinations, etc.: NYFIX, Inc., 14636–14637 Veterans Affairs Department Unique Mobility, Inc., 14637 RULES Board of Veterans Appeals: Small Business Administration Appeals regulations and rules of practice— NOTICES Case docketing, 14471–14472 Disaster loan areas: NOTICES West Virginia, 14639 Agency information collection activities: License surrenders: Proposed collection; comment request, 14648–14649 Astar Capital Corp., 14639 Meetings: Meetings; district and regional advisory councils: Education Advisory Committee, 14649 District of Columbia, 14640 Women Veterans Advisory Committee, 14649

Southeastern Power Administration NOTICES Separate Parts In This Issue Power rate adjustments: Jim Woodruff Project, 14557–14558 Part II Department of Agriculture, Agricultural Marketing Srvice, State Department 14651–14691 RULES Irish Peace Process Cultural and Training Program; Part III establishment, Department of Housing and Urban Development, 14693– Visas; nonimmigrant documentation: 14705 Irish Peace Process Cultural and Training Program, 14768–14771 Part IV NOTICES Department of Housing and Urban Development, 14707– Meetings: 14714 Fine Arts Committee, 14640 International Law Advisory Committee, 14640 Part V Department of Housing and Urban Development, 14715– Substance Abuse and Mental Health Services 14727 Administration NOTICES Part VI Grants and cooperative agreements; availability, etc.: Department of Education, 14729–14749 Women with alcohol, drug abuse, and mental health disorders who have histories of violence, and their Part VII children, 14603–14605 Department of Labor, Pension Benefit Guarantee Surface Transportation Board Corporation, 14751––14757 NOTICES Part VIII Railroad services abandonment: Union Pacific Railroad Co., 14643–14644 Oklahoma City National Memorial Trust, 14759–14761

Textile Agreements Implementation Committee Part IX See Committee for the Implementation of Textile State Department, 14763–14771 Agreements Part X Transportation Department Department of Justice, Immigration and Naturalization See Coast Guard Service, 14773–14780 See Federal Aviation Administration See Surface Transportation Board NOTICES Reader Aids Meetings: Consult the Reader Aids section at the end of this issue for Minority Business Resource Center Advisory Committee, phone numbers, online resources, finding aids, reminders, 14640 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.

5 CFR 37 CFR 213...... 14431 Proposed Rules: 315...... 14431 201...... 14505 335...... 14431 Proposed Rules: 38 CFR 3...... 14477 19...... 14471 213...... 14477 20...... 14471 315...... 14477 40 CFR 7 CFR 148...... 14472 761...... 14432 261...... 14472 762...... 14432 268...... 14472 271...... 14472 Proposed Rules: 300...... 14475 6...... 14478 302...... 14472 57...... 14653 Proposed Rules: 1160...... 14484 1210...... 14485 52 (2 documents) ...... 14506, 14510 8 CFR 81...... 14510 212...... 14774 214...... 14774 42 CFR 248...... 14774 Proposed Rules: 278A ...... 14774 493 (2 documents) ...... 14510 9 CFR 47 CFR Proposed Rules: 1...... 14476 317...... 14486 50 CFR 318 (2 documents) ...... 14486, 14489 Proposed Rules: 319 (2 documents) ...... 14489, 17...... 14513 14489 622...... 14518 327...... 14489 648...... 14519 381...... 14486 12 CFR 225 (2 documents) ...... 14433, 14440 Proposed Rules: 614...... 14491 620...... 14494 14 CFR 95...... 14442 Proposed Rules: 71...... 14497 15 CFR 744...... 14444 17 CFR 15...... 14452 16...... 14452 17...... 14452 20 CFR 220...... 14458 322...... 14459 22 CFR 41...... 14768 139...... 14764 25 CFR 290...... 14461 29 CFR 4022 (2 documents) ...... 14752, 14753 4044...... 14752 4050...... 14752 30 CFR 250...... 14469 33 CFR 155...... 14470 Proposed Rules: 100...... 14498 110...... 14498 165 (3 documents) ...... 14498, 14501, 14502 36 CFR Ch. XV ...... 14760

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Rules and Regulations Federal Register Vol. 65, No. 53

Friday, March 17, 2000

This section of the FEDERAL REGISTER these veterans. However, absent specific Waiver of Delay in Effective Date contains regulatory documents having general legislation or Executive order, OPM has applicability and legal effect, most of which Pursuant to 5 U.S.C. 553(d)(3), I find no authority to permit the that good cause exists to waive the delay are keyed to and codified in the Code of noncompetitive appointment of Federal Regulations, which is published under in effective date and make these 50 titles pursuant to 44 U.S.C. 1510. candidates in the competitive service. regulations effective in less than 30 Accordingly, OPM created an excepted days. The delay in effective date is being The Code of Federal Regulations is sold by appointing authority under Schedule B. waived because the provisions of the the Superintendent of Documents. Prices of This allowed eligible veterans to be new law became effective upon new books are listed in the first FEDERAL appointed noncompetitively into the enactment, November 30, 1999. REGISTER issue of each week. excepted service. OPM issued interim regulations (63 FR 66705) on December Regulatory Flexibility Act 3, 1998, to implement the VEOA. I certify that these regulations will not OFFICE OF PERSONNEL have a significant impact on a MANAGEMENT In enacting the Veterans Millennium and Health Care and Benefits Act (Pub. substantial number of small entities 5 CFR Parts 213, 315, and 335 L. 106–117), Congress amended the (including small businesses, small VEOA to clarify that if an eligible organizational units and small RIN 3206±AI51 veteran competes under the agency’s governmental jurisdictions) because the regulations apply only to appointment Excepted Service; The Career merit promotion procedures and is selected, he or she will be given a career procedures for certain employees in Conditional Employment System; Federal agencies. Promotion and Internal Placement or career conditional appointment in the competitive service. E.O. 12866, Regulatory Review AGENCY: Office of Personnel Pub. L. 106–117 also clarified that Management. This rule has been reviewed by the veterans who are released from their Office of Management and Budget in ACTION: Interim regulations with request initial tours of active duty shortly before accordance with Executive Order 12866. for comments. completing the 3 years required in the statute are also eligible to compete List of Subjects in 5 CFR Parts 213, 315, SUMMARY: Pursuant to Section 511 of the under these provisions. (In this and 335 Veterans Millennium Health Care and connection, it is customary for the Government employees, Reporting Benefits Act, OPM is reissuing interim military to release individuals a few regulations, with amendments, to and recordkeeping requirements. days before completing 3-year tours ‘‘for Office of Personnel Management. implement the staffing provisions of the the convenience of the Government.’’ Veterans Employment Opportunities These individuals should normally be Janice R. Lachance, Act (VEOA) of 1998. Among other considered eligible.) Director. things, the VEOA allows preference Accordingly, OPM is amending parts eligibles or veterans who have been As a result of these amendments, 213, 315, and 335 of Title 5, Code of honorably discharged from the armed agencies may no longer make any new Federal Regulations, as follows: forces after 3 or more years of active appointments under Schedule B authority YKB/Sch B 213.3202(n). service to apply for vacancies under PART 213ÐEXCEPTED SERVICE merit promotion procedures when an However, OPM will temporarily leave agency is accepting applications from the Schedule B authority in place until 1. The authority citation for part 213 outside its own workforce. Comments further notice. Veterans who were is revised to read as follows: appointed under this Schedule B are invited. Authority: 5 U.S.C. 3301 and 3302, E.O. authority, but who did not compete DATES: Interim rules are effective March 10577, 3 CFR 1954–1958 Comp., p. 218; under an agency merit promotion 17, 2000. Comments must be received § 213.101 also issued under 5 U.S.C. 2103; announcement, will remain under this on or before April 17, 2000. § 213.3102 also issued under 5 U.S.C. 3301, authority until such time as they do 3302, 3307, 8337(h) and 8456; E.O. 12364, 47 ADDRESSES: Send or deliver written compete and are selected. Veterans who FR 22931, 3 CFR 1982 Comp., p. 185; 38 comments to: Mary Lou Lindholm, competed under a merit promotion U.S.C. 4301 et seq.; and Pub.L. 105–339. Associate Director for Employment, announcement must be converted to a § 213.3202 [Amended] Office of Personnel Management, Room career conditional or career 6500, 1900 E Street, NW, Washington, appointment retroactive to the date of 2. In § 213.3202, paragraph (n) is DC 20415–9000. their original appointment under the revised to read as follows: FOR FURTHER INFORMATION CONTACT: Mr. VEOA. OPM is also making a technical * * * * * Raleigh M. Neville on (202) 606–0830 or update in § 315.801 on when probation (n) Positions when filled by FAX (202) 606–0390. is required. OPM is deleting the list of preference eligibles or veterans who SUPPLEMENTARY INFORMATION: Under persons subject to probation when have been separated from the armed VEOA, Congress amended 5 U.S.C. 3304 appointed by special authority or by forces under honorable conditions after to allow eligible veterans to compete for conversion (the list was not complete), 3 years or more of continuous active vacancies under an agency’s merit and including a new subsection military service and who, in accordance promotion procedures. The act also specifying that such persons are subject with the provisions of Pub.L. 105–339, required OPM to create an appointing to probation unless specifically exempt applied for these positions under merit authority to permit the appointment of in the authority itself. promotion procedures when

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PART 315ÐCAREER AND CAREER (a) The first year of service of an AGENCY: Farm Service Agency, USDA. employee who is given a career or CONDITIONAL EMPLOYMENT ACTION: Correcting amendments to final career-conditional appointment under rule. 3. The authority citation for part 315 this part is a probationary period when is revised to read as follows: the employee: SUMMARY: This document contains Authority: 5 U.S.C. 1302, 3301, and 3302; (1) Was appointed from a competitive corrections to the final regulations E.O. 10577. 3 CFR, 1954–1958 Comp. P. 218, list of eligibles established under which were published in the Federal unless otherwise noted. §§ 315.601 and subpart C of this part; Register on Wednesday, November 17, 315.609 also issued under 22 U.S.C. 3651 and (2) Was reinstated under subpart D of 1999, (64 FR 62566–62569). The final 3652. §§ 315.602 and 315.604 also issued this part unless during any period of rule removed administrative provisions under 5 U.S.C. 1104. § 315.603 also issued and moved the regulations regarding under 5 U.S.C. 8151. § 315.605 also issued service which affords a current basis for reinstatement, the employee completed appraisals pertaining to the Farm under E.O. 120034, 3 CFR, 1978 Comp. p. Service Agency’s Farm Loan Programs 111. § 315.606 also issued under E.O. 11219, a probationary period or served with from Chapter XVIII to Chapter VII. 3 CFR, 1964–1965 Comp. p. 303. § 315.607 competitive status under an also issued under 22 U.S.C. 2506. § 315.608 appointment which did not require a DATE: Effective on March 17, 2000. also issued under E.O. 12721, 3 CFR, 1990 probationary period. FOR FURTHER INFORMATION CONTACT: Comp., p. 293. § 315.610 also issued under 5 * * * * * Chris L. Greenwalt, Senior Loan Officer, U.S.C. 3304(d). § 315.611 also issued under Program Development and Economic Section 511, Pub. L. 106–117. § 315.710 also (e) A person who is appointed to the Enhancement Division, USDA/FSA/ issued under E.O. 12596, 3 CFR, 1987, competitive service either by special Comp., p. 229. Subpart I also issued under PDEED/STOP 0521, 1400 Independence appointing authority or by conversion Avenue, S.W., Washington DC 20250– 5 U.S.C. 3321, E.O. 12107, 3 CFR, 1978 under subparts F or G of this part serves Comp., p. 264. 0521, telephone (202)690–0431, a 1-year probationary period unless facsimile (202)720–8474, e-mail: chris— § 315.611 [Added] specifically exempt from probation by [email protected]. the authority itself. 4. A new section 315.611 is added to SUPPLEMENTARY INFORMATION: subpart F to read as follows: PART 335ÐPROMOTION AND Background INTERNAL PLACEMENT Subpart FÐCareer or Career- The final regulations that are the Conditional Appointment Under subject of these corrections removed 6. The authority citation for part 335 Special Authorities administrative provisions and clarified is revised to read as follows: * * * * * the requirement that Agency real estate Authority: 5 U.S.C. 3301, 3302, 3330; E.O. appraisals must comply with the § 315.611 Appointment of certain veterans 10577, 3 CFR 1954–1958 Comp., p. 218; 5 guidelines and standards contained in who have competed under agency merit U.S.C. 3304 (f), and Pub.L. 106–117. the Uniform Standards of Professional promotion announcements. Appraisal Practice (USPAP). In § 335.106 [Revised] (a) Agency authority. An agency may addition, the requirement that specific appoint a preference eligible or a 7. Section 335.106 is revised to read Agency formats be used when veteran who has substantially as follows: completing appraisals was eliminated. completed at least 3 years of continuous Need for Correction active military service provided § 335.106 Special selection procedures for certain veterans under merit promotion. As published, the final rule (64 FR (1) The veteran was selected from 62566–62569) contains several errors among the best qualified following Preference eligibles or veterans who have been separated under honorable which may prove to be misleading if not competition under a merit promotion corrected. Section 761.7 is being announcement open to candidates conditions from the armed forces after completing (as determined by the corrected to clarify that its general outside the agency’s workforce; and requirements apply to direct loan (2) The veteran’s most recent agency) 3 or more years of continuous active military service may compete for appraisals and all appraisal reviews. separation from the military was under Guaranteed loan appraisals will still be honorable conditions. vacancies under merit promotion when an agency accepts applications from governed by part 762. Section 762.127 is (b) Definitions. ‘‘Agency’’ in this individuals outside its own workforce. being amended accordingly. context means an executive agency as Those veterans selected will be given Section 761.7 also needs to be defined in 5 U.S.C. 105. The agency career or career conditional corrected with regards to when an determines in individual cases whether appointments under § 315.611 of this existing real estate appraisal will be a candidate was released ‘‘shortly chapter. used. The Agency inadvertently failed before’’ completing the required 3 years to address the situation where an and should therefore be eligible for [FR Doc. 00–6626 Filed 3–16–00; 8:45 am] appraisal is over 12 months old but has appointment. BILLING CODE 6325±01±P been updated by the same appraiser or

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Revise paragraph (d) of § 762.127 engage and explain that Board approval by adding the following at the end of the generally is not required to engage in Accounting, Accounting servicing, introductory text: Loan programs—Agriculture, Real those activities. The third section property—Appraisals, Rural Areas. §762.127 Appraisal requirements. explains the post-commencement notice (d)***Agency officials may procedures applicable to listed 7 CFR Part 762 accept an appraisal that is not current if activities. The fourth section establishes a procedure by which any interested Agriculture, Loan programs— there have been no significant changes party may request that the Board find an Agriculture. in the market or on the subject real activity that is not listed in the Gramm- Accordingly, 7 CFR parts 761 and 762 estate and the appraisal was either completed within the past 12 months or Leach-Bliley Act or the rule to be are corrected by making the following financial in nature or incidental to a correcting amendments: updated by a qualified appraisal if not completed within the past 12 months. financial activity. The fifth section establishes a procedure by which a PART 761ÐGENERAL AND * * * * * financial holding company may seek a ADMINISTRATIVE Signed in Washington, D.C., on March 7, Board determination that a particular 2000. activity is complementary to a financial 1. The authority citation for part 761 Parks Shackelford, activity and receive approval to engage continues to read as follows: Acting Administrator Farm Service Agency. in that activity. Authority: 7 U.S.C. 1989. [FR Doc. 00–6429 Filed 3–16–00; 8:45 am] The Board solicits comments on all 2. Revise paragraphs (a) and (d) of BILLING CODE 3410±05±P aspects of the interim rule and will § 761.7 to read as follows: amend the rule as appropriate in response to comments received. §761.7 Appraisals FEDERAL RESERVE SYSTEM DATES: This interim rule is effective on (a) General. This section describes 12 CFR Part 225 March 11, 2000. Comments must be requirements for: received by May 12, 2000. (1) real estate and chattel appraisals [Regulation Y; Docket No. R±1062] ADDRESSES: Comments should refer to made in connection with the making Bank Holding Companies and Change docket number R–1062 and should be and servicing of direct Farm Loan in Bank Control sent to Ms. Jennifer J. Johnson, Program and nonprogram loans; and, Secretary, Board of Governors of the AGENCY: (2) appraisal reviews conducted on Board of Governors of the Federal Reserve System, 20th Street and appraisals made in connection with the Federal Reserve System. Constitution Avenue, N.W., making and servicing of direct and ACTION: Interim rule with request for Washington, D.C., 20551 or mailed guaranteed Farm Loan Program and public comments. electronically to nonprogram loans. [email protected]. SUMMARY: The Board of Governors of the * * * * * Comments addressed to Ms. Johnson Federal Reserve System is amending its also may be delivered to the Board’s (d) Use of an existing real estate Regulation Y on an interim basis mail room between the hours of 8:45 appraisal. The Agency may use an effective March 11, 2000, to include a a.m. and 5:15 p.m. and, outside those existing real estate appraisal to reach a list of the financial activities hours, to the Board’s security control loan making or servicing decision under permissible for a financial holding room. Both the mail room and the either of the following conditions: company under the Gramm-Leach- security control room are accessible (1) The appraisal was completed Bliley Act. The Board also is adopting from the Eccles Building courtyard within the previous 12 months and the procedures a financial holding company entrance, located on 20th Street between Agency determines that: must follow in order to engage in listed Constitution Avenue and C Street, N.W. financial activities, as well as activities (i) The appraisal meets the provisions Members of the public may inspect that are complementary to a financial of this section and the applicable comments in room MP–500 of the activity. In addition, the Board is Agency loan making or servicing Martin Building between 9 a.m. and 5 adopting procedures by which a requirements, and p.m. on weekdays. financial holding company or any other (ii) Current market values have interested party may make requests that FOR FURTHER INFORMATION CONTACT: remained stable since the appraisal was the Board determine that activities not Scott G. Alvarez, Associate General completed; or listed in the Gramm-Leach-Bliley Act Counsel (202/452–3583) or Adrianne G. (2) The appraisal was not completed are permissible for a financial holding Threatt, Attorney (202/452–3554); Legal in the previous 12 months, but has been company. The Board is promulgating Division; Board of Governors of the updated by the appraiser or appraisal this rule on an interim basis in order to Federal Reserve System, 20th Street and firm that completed the appraisal, and make a list of permissible activities and Constitution Avenue, N.W., both the update and original appraisal the applicable notification procedures Washington, D.C., 20551. For users of were completed in accordance with for engaging in those activities available Telecommunications Device for the Deaf USPAP. to financial holding companies on the (‘‘TDD’’), contact Janice Simms at 202/ * * * * * effective date of the financial holding 452–4984.

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SUPPLEMENTARY INFORMATION: seeking to provide financial services in holding company may conduct a the United States, efficiently deliver financial activity at any location inside Background financial information and services or outside of the United States, subject The Gramm-Leach-Bliley Act (Pub. L. through technological means, and offer to the laws of the jurisdiction in which No. 106–102, 113 Stat. 1338 (1999)) (the customers any available or emerging the activity is conducted. ‘‘GLB Act’’) authorizes affiliations technological means for using financial Subsection (a)(2) and (3) provide that among banks, securities firms, insurance services or for the document imaging of firms, and other financial companies. a financial holding company may data. The Secretary of the Treasury also control or acquire more than 5 percent The GLB Act amends the Bank Holding may at any time recommend that the Company Act (‘‘BHC Act’’) (12 U.S.C. of the voting shares of a company that Board find an activity to be financial in is not engaged exclusively in financial 1841 et seq.) to allow a bank holding nature or incidental to a financial company or foreign bank that qualifies activities that are permissible for a activity. financial holding company. Under as a financial holding company to In addition to permitting a financial paragraph (2), a financial holding engage in a broad range of activities that holding company to engage in activities company may acquire control or shares are defined by the GLB Act to be that are financial in nature or incidental of a company that, in addition to financial in nature or incidental to a to a financial activity, the GLB Act financial activities, engages in other financial activity, or that the Board, in provides that a financial holding activities permissible for the acquiring consultation with the Secretary of the company may engage in activities that Treasury, determines to be financial in the Board determines are financial holding company. In this case, nature or incidental to a financial complementary to existing financial the financial holding company must activity. The GLB Act also allows a activities and do not pose a substantial comply with any approval, notice or financial holding company to seek risk to the safety or soundness of other requirement that governs the other Board approval to engage in any activity depository institutions or the financial activities. Paragraph (3) would allow that the Board determines both to be system generally. The Act requires that acquisitions of a company with some complementary to a financial activity a financial holding company receive impermissible activities, in keeping and not to pose a substantial risk to the approval under section 4(j) of the BHC with the Board’s prior practice regarding safety and soundness of depository Act prior to conducting or acquiring a bank holding company acquisitions of institutions or the financial system company engaged in an activity that the companies that were not engaged generally. Bank holding companies that company believes to be complementary exclusively in activities that were do not qualify as financial holding to a financial activity. permissible for bank holding companies are limited to engaging in companies. those nonbanking activities that were Interim Rule The acquisition of a company with permissible for bank holding companies In order to implement the provisions limited impermissible activities must prior to the enactment of the GLB Act. of the GLB Act governing the activities meet three requirements. First, the The GLB Act provides that, in most in which financial holding companies cases, a financial holding company may acquired company must be engaged may engage, the Board is amending substantially in financial activities and engage or acquire the shares of a Regulation Y by adding sections that (1) company that is engaged in financial other activities permissible for the list the activities in which a financial financial holding company. A financial activities without obtaining prior holding company may engage; (2) set approval from the Board. A financial holding company that is uncertain about forth the procedures for engaging in the whether a proposed acquisition meets holding company is required instead to listed activities; (3) establish procedures provide a post-commencement notice to this standard should consult with the for requesting that an additional activity Board. Second, in the post- the Board within 30 days after be deemed to be financial in nature or commencing a financial activity or commencement notice provided by the incidental to a financial activity; and (4) financial holding company to the Board acquiring a company under the new establish procedures by which a section 4(k). regarding the acquisition, the financial As noted above, the GLB Act allows financial holding company may request holding company must commit to the expansion by the Board in that the Board determine that an activity terminate or divest the impermissible consultation with the Secretary of the is complementary to a financial activity activities, and the company must Treasury of the list of financial activities and receive Board approval to conduct complete the divestiture or termination that are permissible for financial a complementary activity. within two years of the acquisition. holding companies. Any interested Section-by-Section Analysis Finally, after being acquired by a party may request that the Board financial holding company, the determine that an activity not listed in Section 225.85—Is Notice To or company engaged in impermissible the GLB Act is financial in nature or Approval From the Board Required activities may not engage in or acquire incidental to a financial activity. In Prior To Engaging in a Financial a company engaged in any activity that making its determination, the Board Activity? is not permissible for the financial must consult with the Secretary of the Subsection (a)(1) provides that, in holding company. Treasury and must take into account most cases, a financial holding company Subsection (c) identifies two four factors: (1) The purposes of the GLB may, without providing prior notice to circumstances under which Board and BHC Acts; (2) the changes or or obtaining prior approval from the approval still is required to engage in reasonably expected changes in the Board, conduct an activity that is financial activities. First, prior approval marketplace in which financial holding financial in nature or incidental to a in accordance with section 4(j) of the companies compete; (3) the changes or financial activity (a ‘‘financial activity’’). BHC Act and § 225.24 of Regulation Y reasonably expected changes in A financial holding company may is required to acquire more than 5 technology for delivering financial conduct a financial activity by engaging percent of the shares or control of a services; and (4) whether the proposed directly in the activity or by acquiring savings association.1 In addition, the activity is necessary or appropriate to and retaining the shares of any company allow a financial holding company to that is engaged exclusively in one or 1 The GLB Act did not change in any way the compete effectively with companies more financial activities. A financial requirement that a company receive prior approval

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Board may, in the exercise of its effect on November 11, 1999, to be usual insuring, guaranteeing, or indemnifying supervisory authority, require a in connection with the transaction of against loss, harm, damage, illness, financial holding company to provide banking or other financial services disability, or death, and issuing annuity prior notice to or obtain prior approval abroad. Section 225.86(b) lists the three products. Permissible insurance from the Board if circumstances activities that have been found by the activities as principal include reinsuring warrant. Board to be usual in connection with insurance products. A financial holding the transaction of banking or other company acting under that section may Section 225.86—What Activities Are financial operations abroad as listed in conduct insurance activities without Permissible for Financial Holding Regulation K (see 12 CFR 211.5(d)) that regard to the restrictions on the Companies? are not otherwise permissible for a bank insurance activities imposed on bank This section consolidates in one place holding company under the Board’s holding companies under section a description of all activities that the Regulation Y or included on the 4(c)(8). GLB Act defines as financial in nature. statutory list of financial activities. The GLB Act also authorizes Subsection (a) states that financial These activities are management underwriting, dealing in, and making a holding companies may engage in any consulting services, operating a travel market in securities without regard to activity that the Board had found to be agency, and organizing, sponsoring, or whether such securities may be sold by closely related to banking under section managing a mutual fund. a bank. This activity includes 4(c)(8) of the BHC Act by a regulation In each case, the rule describes certain underwriting or distributing shares of or order that is in effect on November limitations that apply to the conduct of open-end investment companies 12, 1999. Subsection (a)(1) provides a the activity. In the case of management commonly referred to as mutual funds. cross reference to § 225.28, which consulting services, the services may be Securities underwriting activities contains a list of the relevant activities provided to any person on nonfinancial conducted under section 4(k)(4)(E) approved by regulation. Subsection matters. However, the services must be rather than section 4(c)(8) may be (a)(2) lists activities that have been advisory and not allow the financial conducted without regard to the 25 found by Board order in effect on holding company to control the person percent revenue limitation that is November 12, 1999, to be closely related to whom the services are provided. applicable to section 20 subsidiaries of to banking but that are not otherwise A financial holding company may bank holding companies that engage in included in the statutory list of also operate a travel agency in securities underwriting and dealing permissible financial activities. For connection with financial services under section 4(c)(8). In addition, example, section 20 activities are not offered by the holding company or by dealing may be done without regard to included in the list of activities others. Finally, a fund organized, the 5 percent limitation on ownership of approved by order because securities sponsored or managed by a financial voting securities. underwriting, dealing, and market holding company may not exercise In a separate proposal, the Board has making now is authorized for financial managerial control over the companies determined that the operating standards holding companies in a broader form at in which the fund invests and the applicable to section 20 companies do section 4(k)(4)(E) of the BHC Act. The financial holding company must reduce not apply to financial holding Board specifically requests comment on its ownership of the fund, if any, to less companies that engage in securities whether there are other activities than 25 percent of the equity of the fund underwriting, dealing, and market approved only by Board order that within one year of sponsoring the fund making under section 4(k)(4)(E) of the should be listed in § 225.86(a)(2), and (or such additional period as the Board BHC Act with two exceptions. First, whether the scope of any listed activity permits). intra-day extensions of credit to a should be clarified. The remainder of the activities listed securities firm from an affiliated bank or All activities in which a financial at § 211.5(d) have been either (1) thrift or U.S. branch or agency of a holding company engages pursuant to authorized for financial holding foreign bank must be on market terms subsection (a) must be conducted companies in a broader form by the GLB consistent with section 23B of the subject to the terms and conditions Act (e.g., underwriting, distributing, and Federal Reserve Act (‘‘FRA’’). Second, contained in Regulation Y and in the dealing in securities and underwriting the limitations of sections 23A and 23B Board orders authorizing the activities. various types of insurance); or (2) of the FRA apply to covered Bank holding companies that are not authorized in the same or a broader transactions between a U.S. branch or financial holding companies may form in Regulation Y (e.g., data agency of a foreign bank and a U.S. continue to seek approval to engage in processing activities, real and personal securities affiliate. The operating any activity that the Board determined property leasing, and acting as agent, standards and revenue limit continue to by regulation or order in effect on broker, or adviser in leasing property). apply to bank holding companies that November 12, 1999, to be closely related The Board notes that section 4(k)(4)(G) are not financial holding companies, to banking. These bank holding of the Act and this interim rule only and to financial holding companies that companies must continue to use the authorize financial holding companies continue to conduct securities activities prior notice and approval procedures to engage in the activities that are listed pursuant to section 4(c)(8) of the BHC listed at §§ 225.22 to 225.24. in § 211.5(d) of Regulation K as Act. Section 4(k)(4)(G) of the BHC Act interpreted by the Board, not in In cases where a financial holding defines as financial in nature any activities that the Board has approved in company already has approval under activity in which a bank holding individual orders under section 4(c)(13). section 4(c)(8) to engage in an activity company may engage outside the United Subsection (c) incorporates by now available in an expanded scope States and that the Board has reference the remaining activities under section 4(k), the company must determined in regulations prescribed or authorized by section 4(k)(4) of the BHC provide the Board with a post- interpretations issued under section Act. Those activities include activities commencement notice as described in (4)(c)(13) of the BHC Act that are in that previously have not been § 225.87 informing the Board that the permissible for bank holding company has expanded the scope of the of the Board under section 3 of the BHC Act before companies, such as acting as principal, activity in accordance with section 4(k). acquiring shares or control of a bank. agent, or broker for purposes of Unless otherwise notified by the Board,

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That section also Section 225.88—How To Request the conduct the activity subject to the contains a procedure by which a Board To Determine That an Activity Is limitations set forth in section 4(k)(4)(A) financial holding company that is Financial in Nature or Incidental to a through (E), § 225.86 and other uncertain about the scope of an Financial Activity? applicable laws governing the activity. authorized activity may request an The GLB Act provides that the Board Any financial holding company that advisory opinion from the Board. feels it needs specific relief from a may determine that activities are commitment or condition to conduct an Section 225.87—Is Notice to the Board financial in nature or incidental to activity in accordance with section Required After Engaging in a Financial financial activities after consulting with 4(k)(4) may request in writing a Activity? the Secretary of the Treasury. determination that the condition or Subsection (a) provides that requests for commitment is no longer appropriate. Section 4(k)(6)(A) of the BHC Act a determination that a new activity is a The Board specifically seeks comment generally provides that a financial financial activity may be made by a on the types of commitments and holding company may engage in financial holding company or by any conditions the Board has imposed on financial activities or acquire companies other interested party. financial holding companies under engaged in financial activities pursuant A request for a determination that an section 4(c)(8) that may hinder their to section (4)(k)(4) by providing the activity is financial in nature or ability to conduct expanded activities Board with a written notice that incidental to a financial activity must under section 4(k)(4). describes the activity commenced or the identify and define the activity for The Board reminds financial holding name of and activity conducted by the which the determination is sought. The companies that commitments and acquired company, as appropriate, request must also provide specific conditions that relate to activities for within 30 days of commencing the information about what the activity which the GLB Act has not provided activity or consummating the would involve and how it would be any additional authority, such as data acquisition. conducted, and explain in detail why processing, remain in effect. Moreover, Section 225.87 implements the post- the activity should be considered the Board notes that this action does not commencement notice procedure for financial in nature or incidental to a relieve any financial holding company applicable activities commenced financial activity. Importantly, the of its obligation to conduct each activity pursuant to section 4(k)(4). As a general request must provide information that is in accordance with relevant state and matter, § 225.87(a) states that financial sufficient to support a Board finding federal law governing the activity. that the activity is financial. The request Should a company that has notified holding companies engaging in activities and making acquisitions listed also must provide any additional the Board that the company has information required by the Board. expanded a section 4(c)(8) activity in § 225.86 need only provide a simple On receiving a request, the Board will consistent with section 4(k)(4) choose at written notice to the appropriate Federal provide the Secretary of the Treasury a later date to conduct the activity under Reserve Bank within 30 days after section 4(c)(8), the company should commencing the activity or making the with a copy of the proposal and consult consult with Board staff to determine acquisition. The notice must describe with the Secretary in accordance with the conditions under which the activity the activity commenced and the section 4(k)(2) of the BHC Act. The should be conducted. subsidiaries engaged in the activity, or Board also may request public comment The GLB Act also allows a financial identify the company acquired and on the proposal. The Board will holding company to engage in merchant describe the activities such company endeavor to act on all requests for a banking activities. This activity involves conducts, as relevant. determination within 60 days of directly or indirectly acquiring shares, completion of the consultative process Subsection (b) describes two and the close of the public comment assets, or ownership interests of a circumstances in which no notice to the company engaged in an activity that is period, if applicable. The Board’s initial Board is required in order to engage in determination regarding a particular impermissible for a financial holding an activity. First, no notice to the Board company, whether or not that interest activity will clarify whether a financial is required when a financial holding holding company that subsequently constitutes control of the company. The company acquires shares of a company Board and the Secretary of the Treasury seeks to engage in the activity may do without acquiring control of the have separately proposed interim rules so using the post-commencement notice company. The second exception applies regarding the conduct of this activity procedure of § 225.87, or whether a to a financial holding company that is that are separate from this rule. different notification or approval The GLB Act requires the Board to engaged in securities activities under requirement applies. define the extent to which three 4(k)(4)(E), that makes merchant banking Section 225.88(e) establishes a activities listed in section 4(k)(5) of the investments under 4(k)(4)(H), or that procedure by which financial holding BHC Act are financial in nature or makes insurance company investments companies may request from the Board incidental to a financial activity. The under 4(k)(4)(I) and has provided the an advisory opinion concerning whether Board expects to initiate a rulemaking to System with the appropriate notice a specific proposed activity falls within provide further guidance concerning the regarding the relevant activity. Under the scope of an activity that is 4(k)(5) activities in the near future. those circumstances, the company need permissible for a financial holding An activity that is not described in the only submit a notice in connection with company. Such requests must be in list of activities and references in this the acquisition of the shares of any writing and must provide detailed section is not a financial activity unless company as part of the securities, information about the proposed activity, the Board, in consultation with the merchant banking or insurance including an explanation that supports Treasury, determines that the activity is investment activity if the cost of the a finding that the activity is within the financial in nature or incidental to a acquisition exceeds the lesser of 5 scope of a permissible activity. The financial activity. The procedures for percent of the financial holding Board will provide an advisory opinion obtaining a Board determination are company’s Tier 1 capital or $200 to the requester within 45 days of described in detail in the analysis of million. receiving a complete written request.

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Section 225.89—How To Request The Board invites comment on all implement the requirements of the Approval To Engage in an Activity That aspects of the interim rule, and statute by requiring from a financial Is Complementary to a Financial particularly on the items specifically holding company only that information Activity? identified in the foregoing discussion. that is necessary for the Board to discharge its statutory responsibility. Section 225.24—Procedures for Other The GLB Act provides that a financial The Board specifically requests Nonbanking Proposals holding company may engage in an comment on the likely burden this activity that the Board determines to be The Board has deleted the existing interim rule will impose on financial complementary to a financial activity. text of subsection (a)(3), which holding companies that seek to engage The legislative history of the GLB Act discusses the information requirements in financial activities or to propose that suggests that complementary activities for proposals to engage in activities that the Board authorize additional activities are activities that are closely associated are not listed in § 225.28. The GLB Act as permissible for a financial holding with a financial activity or that are amends section 4(c)(8) to remove the company. normally conducted with or flow from Board’s authority to authorize a financial activity. However, the GLB additional nonbanking activities for Administrative Procedure Act Act itself does not define what qualifies bank holding companies under that The Board will make this interim rule as a complementary activity. The Board section. Therefore, subsection (a)(3) is effective on March 11, 2000, without therefore requests comment on the unnecessary and has been deleted. first reviewing public comments. definition of the term of Pursuant to 5 U.S.C. 553, the Board Regulatory Flexibility Act ‘‘complementary activity.’’ finds that it is impracticable to review In accordance with section 3(a) of the The GLB Act provides that a financial public comments prior to the effective Regulatory Flexibility Act (5 U.S.C. holding company must obtain prior date of the interim rule and that there 603(a)), the Board must publish an Board approval in accordance with is good cause to make the rule effective initial regulatory flexibility analysis section 4(j) of the BHC Act to engage in on March 11, 2000. Specifically, the rule with this interim regulation. This rule or acquire a company engaged in any sets forth requirements relating to implements the provisions of Title I of activity that the financial holding activities that are permissible for the GLB Act that allow financial holding financial holding companies as of company believes to be complementary companies to engage in a broad range of to a financial activity. In addition to March 11, 2000, due to statutory financial activities by using a changes that become effective on that applying the standards under section streamlined notification procedure. In 4(j), the Board must determine that the date. The Board is seeking comment on most cases, the company need only the interim rule and will amend the rule activity is complementary to a financial provide the Board a brief written notice activity and would not pose a as appropriate after reviewing all that identifies the activity commenced comments it receives. substantial risk to the safety or and the subsidiary that conducts the soundness of depository institutions or activity within 30 days of commencing Paperwork Reduction Act the financial system generally. an activity. In accordance with section 3506 of Section 225.87(b) implements this In addition, the rule establishes the Paperwork Reduction Act of 1995 requirement by requiring that a request procedures by which a party can request (44 U.S.C. Ch. 35; 5 CFR 1320 Appendix for prior approval to engage in a that the Board determine additional A.1), the Board reviewed the proposed complementary activity provide a activities are financial in nature or rule under the authority delegated to the detailed description of the proposed incidental to a financial activity and Board by the Office of Management and complementary activity (including the procedures by which a financial holding Budget. projected scope and relative size of the company can seek approval to engage in The collection of information activity), identify the particular an activity it proposes to be requirements in this proposed financial activity for which the complementary to a financial activity. rulemaking are found in 12 CFR 225.87, proposed activity would be These provisions are designed to require 225.88, and 225.89. This information is complementary, and provide a detailed only the information necessary for the required to evidence compliance with explanation for why the proposed Board to evaluate the status of a the requirements of Title I of the activity should be considered proposed activity. Gramm-Leach-Bliley Act (Pub. L. 106– complementary to a financial activity. The procedures described in this rule 103, 113 Stat. 1338 (1999)) which The request also must discuss the apply only to bank holding companies amends section 4 of the Bank Holding impact of the proposed activity on the that voluntarily elect to be financial Company Act (12 U.S.C. 1843). The safety and soundness of depository holding companies, and those respondents are financial holding institutions controlled by the financial procedures apply to all financial companies. holding company and on the financial holding companies regardless of their The notice cited in 12 CFR 225.87(a) system generally. In addition, the size. For financial holding companies provides that a financial holding request must describe the potential that seek to engage in activities that company that commences an activity or adverse effects that conducting the previously were permissible under acquires shares of a company engaged in activity could raise and explain section 4(c)(8) of the BHC Act, the an activity listed in § 225.86, must measures the financial holding company procedures described in this rule notify the appropriate Federal Reserve intends to take to address those represent a reduction in the amount of Bank in writing within 30 calendar concerns. Requests regarding paperwork required to engage in such days. See 12 CFR 225.87(a) for specific complementary activities also must activities. In addition, the notification details on the content of the notice. The include any financial, managerial, and procedures applicable to financial Federal Reserve estimates that financial other information required by the Board. holding companies and the procedures holding companies will make 500 The Board will act on requests to engage for requesting the Board to determine filings of this notice annually and that in complementary activities within the that an activity is complementary are it would take approximately 1 hour to time period described in section 4(j) of specified by the GLB Act itself. The complete this notification. This would the BHC Act. Board has attempted in this rule to result in an estimated annual burden of

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500 hours. Based on a rate of $20 per collection techniques or other forms of financial holding company may control hour, the annual cost to the public for information technology. Comments on or acquire more than 5 percent of the this information collection would be the collections of information should be voting shares of a company that is not $10,000. sent to the Office of Management and engaged exclusively in activities that are Financial holding companies Budget, Paperwork Reduction Project, financial in nature or incidental to a requesting the Board’s determination Washington, DC 20503, with copies of financial activity or otherwise that an activity is financial in nature or such comments to be sent to Mary M. permissible for a financial holding incidental to a financial activity must West, Federal Reserve Board Clearance company if: provide to the Board the information Officer, Division of Research and (i) Substantially all of the activities described in 12 CFR 225.88(b). Statistics, Mail Stop 97, Board of conducted by the company are financial Financial holding companies may Governors of the Federal Reserve in nature, incidental to a financial request an advisory opinion from the System, Washington, DC 20551. activity, or otherwise permissible for the Board about whether a specific List of Subjects in 12 CFR Part 225 financial holding company; proposed activity falls within the scope (ii) As part of the notice provided of an activity listed in 12 CFR 225.86 as Administrative practice and under § 225.87, the financial holding financial in nature or incidental to a procedures, Banks, Banking, Federal company commits to the Board to financial activity by submitting the Reserve System, Holding companies, terminate or divest all activities that are information described in 12 CFR Reporting and recordkeeping not financial in nature or incidental to 225.88(e). Financial holding companies requirements, Securities. a financial activity or otherwise that seek prior approval to engage in an For the reasons set out in the permissible for the financial holding activity that the financial holding preamble, the Board amends 12 CFR company and the financial holding company believes is complementary to part 225 as follows: company completes that termination or a financial activity must provide to the divestiture within 2 years of the date the Board the information identified in 12 PART 225ÐBANK HOLDING financial holding company acquires the CFR 225.89(a). The Federal Reserve COMPANIES AND CHANGE IN BANK company; and estimates that only 25 financial holding CONTROL (REGULATION Y) (iii) Following the acquisition of the companies would file the information requested in these sections annually and 1. The authority citation for part 225 company by the financial holding that it would take approximately 1 hour is revised to read as follows: company, the company does not engage to complete each information collection. in or acquire shares of any company Authority: 12 U.S.C. 1817(j)(13), 1818, engaged in any activity that is not This would result in estimated annual 1828(o), 1831(i), 1831p–1, 1843(c)(8), burden of 25 hours. Based on a rate of 1843(k), 1844(b), 1972(l), 3106, 3108, 3310, permissible for the financial holding $20 per hour, the annual cost to the 3331–3351, 3907, and 3909. company. public for this information collection 2. In § 225.24, remove paragraph (b) In what locations may a financial would be $500. (a)(3). holding company conduct financial The Board requests comment on the 3. In subpart I, add §§ 225.85 through activities? A financial holding company accuracy of these burden estimates. 225.89 to read as follows: may conduct any activity listed in These notifications and requests will § 225.86 at any location in the United have no formal reporting form and may § 225.85 Is notice to or approval from the States or at any location outside of the be submitted in the form of a letter. Board required prior to engaging in a United States subject to the laws of the They will be assigned the agency form financial activity? jurisdiction in which the activity is number FR 4012. The Federal Reserve (a) No prior approval required conducted. may not conduct or sponsor, and an generally—(1) In general. A financial (c) Under what circumstances is prior organization is not required to respond holding company and any subsidiary notice to the Board required? (1) to, these information collections unless (other than a depository institution or Acquisition of more than 5 percent of they display currently valid OMB subsidiary of a depository institution) of the shares of a savings association. A control numbers. The OMB control the financial holding company may financial holding company must obtain number for these information engage in any activity listed in § 225.86, Board approval in accordance with collections will be 7100–0292. or acquire control or shares of a section 4(j) of the Bank Holding A bank holding company may request company engaged exclusively in any Company Act (12 U.S.C. 1843(j)) and confidentiality for the information activity listed in § 225.86, without either § 225.23 or § 225.24, as contained in these information providing prior notice to or obtaining appropriate, prior to acquiring control collections pursuant to section (b)(4) prior approval from the Board unless or more than 5 percent of the voting and (b)(6) of the Freedom of Information required under paragraph (c) of this shares of a savings association. Act (5 U.S.C. 552(b)(4) and (b)(6)). section. (2) Supervisory actions. The Board Comments are invited on: (a) Whether (2) May a financial holding company may, if appropriate in supervisory cases, the collections of information are acquire a company engaged in other including under § 225.82(d) or necessary for the proper performance of permissible activities? In addition to the § 225.83(d) or other relevant authority, the Federal Reserve’s functions, activities listed in § 225.86, a company require a financial holding company to including whether the information has acquired or to be acquired by a financial provide prior notice to or obtain prior practical utility; (b) the accuracy of the holding company under paragraph (a)(1) approval from the Board to engage in Federal Reserve’s estimate of the burden of this section may engage in activities any activity or acquire shares or control of the information collections, including otherwise permissible for a financial of any company. the cost of compliance; (c) ways to holding company under this part in enhance the quality, utility, and clarity accordance with any applicable notice, § 225.86 What activities are permissible for of the information to be collected; and approval, or other requirement. financial holding companies? (d) ways to minimize the burden of (3) May a financial holding company The following activities are financial information collections on respondents, acquire a financial company engaged in in nature or incidental to a financial including through the use of automated limited nonfinancial activities? A activity:

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(a) Activities that were closely related (1) Providing management consulting section 4(k)(4)(E) of the Bank Holding to banking. (1) Any activity that the services, including to any person with Company Act (12 U.S.C. 1843(k)(4)(E)); Board had determined by regulation respect to nonfinancial matters, so long (ii) Merchant banking activities prior to November 12, 1999, to be so as the management consulting services conducted pursuant to section 4(k)(4)(H) closely related to banking as to be a are advisory and do not allow the of the Bank Holding Company Act (12 proper incident thereto, subject to the financial holding company to control U.S.C. 1843(k)(4)(H)), except as terms and conditions contained in this the person to which the services are provided in § 225.174(d); or part, unless modified by the Board. provided; (iii) Insurance company investment These activities are listed in § 225.28. (2) Operating a travel agency in activities conducted pursuant to section (2) Any activity that the Board had connection with financial services 4(k)(4)(I) of the Bank Holding Company determined by an order that was in offered by the financial holding Act (12 U.S.C. 1843(k)(4)(I)), so long as effect on November 12, 1999, to be so company or others; and the financial holding company provides closely related to banking as to be a (3) Organizing, sponsoring, and the notice described in § 225.174(d) in proper incident thereto, subject to the managing a mutual fund, so long as: connection with any insurance terms and conditions contained in this (i) The fund does not exercise company investment that meets the part and those in the authorizing orders. managerial control over the entities in thresholds in that section. These activities are: which the fund invests; and (3) Condition for exceptions. The (i) Providing administrative and other (ii) The financial holding company exception provided in paragraph (b)(2) services to mutual funds (see, e.g., reduces its ownership in the fund, if of this section applies only if the Societe Generale, 84 Federal Reserve any, to less than 25 percent of the equity financial holding company previously Bulletin 680 (1998)); of the fund within one year of has provided notice to the Board under (ii) Owning shares of a securities sponsoring the fund or such additional paragraph (a) of this section that the exchange (J.P. Morgan & Co, Inc., and period as the Board permits. financial holding company has (c) Activities permitted under section UBS AG, 86 Federal Reserve Bulletin 61 commenced or acquired control of a 4(k)(4) of the Bank Holding Company (2000)); company engaged in the relevant Act (12 U.S.C. 1843(k)(4)). Any activity (iii) Acting as a certification authority activity for which an exception is defined to be financial in nature under for digital signatures (Bayerische Hypo- claimed. und Vereinsbank AG, et.al., 86 Federal sections 4(k)(4)(A) through (E), (H) and Reserve Bulletin 56 (2000)); (I) of the Bank Holding Company Act § 225.88 How to request the Board to (iv) Providing employment histories (12 U.S.C. 1843(k)(4)(A) through (E) (H) determine that an activity is financial in to third parties for use in making credit and (I)). nature or incidental to a financial activity? (a) Requests regarding activities that decisions and to depository institutions § 225.87 Is notice to the Board required and their affiliates for use in the after engaging in a financial activity? may be financial in nature or incidental to a financial activity. A financial ordinary course of business (Norwest (a) Post-commencement notice is holding company or other interested Corporation, 81 Federal Reserve generally required to engage in a party may request a determination from Bulletin 732 (1995)); financial activity. A financial holding (v) Check cashing and wire the Board that an activity not listed in company that commences an activity or transmission services (Midland Bank, § 225.86 is financial in nature or acquires shares of a company engaged in PLC, 76 Federal Reserve Bulletin 860 incidental to a financial activity. an activity listed in § 225.86 must notify (b) What information must the request (1990) (check cashing); Norwest the appropriate Federal Reserve Bank in contain? A request submitted under this Corporation, 81 Federal Reserve writing within 30 calendar days after section must be in writing and must: Bulletin 1130 (1995) (money commencing the activity or (1) Identify and define the activity for transmission)); consummating the acquisition. The (vi) In connection with offering which the determination is sought, notice must describe, as relevant: banking services, providing notary (1) The activity commenced and the specifically describing what the activity public services, selling postage stamps identity of each subsidiary engaged in would involve and how the activity and postage-paid envelopes, providing the activity; or would be conducted; vehicle registration services, and selling (2) The identity of the company (2) Explain in detail why the activity public transportation tickets and tokens acquired and the activities conducted by should be considered financial in nature (Popular, Inc., 84 Federal Reserve the company. or incidental to a financial activity; and Bulletin 481 (1998)); and (b) Are there any cases in which (3) Provide information supporting (vii) Real estate title abstracting (The notice to the Board is not required? the requested determination and any First National Company, 81 Federal (1) Acquisitions that do not result in other information required by the Board Reserve Bulletin 805 (1995)). control of a company. A notice under concerning the proposed activity. (b) Activities that are usual in paragraph (a) of this section is not (c) What action will the Board take connection with the transaction of required to acquire shares of a company after receiving a request? (1) banking abroad. Any activity that the if, following the acquisition, the Consultation with the Secretary of the Board has determined by regulation in financial holding company does not Treasury. Upon receipt of the request, effect on November 11, 1999, to be usual control the company. the Board will provide the Secretary of in connection with the transaction of (2) Conduct of certain investment the Treasury a copy of the request and banking or other financial operations activities. Except as otherwise provided consult with the Secretary in abroad (see § 211.5(d) of this chapter), in this part or as determined by the accordance with section 4(k)(2)(A) of subject to the terms and conditions in Board in the exercise of its supervisory the Bank Holding Company Act (12 part 211 and Board interpretations in authority, no post-commencement U.S.C. 1843(k)(2)(A)). effect on that date regarding the scope notice is required as part of the conduct (2) Public notice. The Board may, as and conduct of the activity. In addition by a financial holding company or its appropriate and after consultation with to the activities listed in paragraphs (a) subsidiary of: the Secretary, publish a description of and (c) of this section, these activities (i) Securities underwriting, dealing, or the proposal in the Federal Register are: market making activities as described in with a request for public comment.

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(d) When will the Board act on a and assets associated with conducting SUMMARY: Underwriting, dealing in, and request? The Board will endeavor to the activity; making a market in securities are make a decision on any request filed (4) Discuss the risks that conducting financial activities permissible for under paragraph (a) of this section the activity may reasonably be expected financial holding companies under the within 60 days following the to pose to the safety and soundness of Gramm-Leach-Bliley Act. Bank holding completion of both the consultative the subsidiary depository institutions of companies may currently engage in process described in paragraph (c)(1) of the financial holding company and to these activities only to a limited extent this section and the public comment the financial system generally; through so-called section 20 period, if any. (5) Describe the potential adverse subsidiaries. Under the Board’s current (e) What should a financial holding effects, including potential conflicts of rules, section 20 subsidiaries are subject company do if it has a question about interest, decreased or unfair to eight operating standards imposed by the scope of a financial activity? (1) competition, or other risks, that the Board in order to address certain Written request. A financial holding conducting the activity could raise, and potential risks and conflicts associated company may request an advisory explain the measures the financial with the affiliation of a bank and a opinion from the Board about whether holding company proposes to take to securities firm. a specific proposed activity falls within address those potential effects; and The Board is adopting this interim the scope of an activity listed in (6) Provide any information about the rule to impose two of these operating § 225.86 as financial in nature or financial and managerial resources of standards on financial holding incidental to a financial activity. The the financial holding company and any companies engaged in securities request must be submitted in writing other information requested by the underwriting, dealing or market-making and must contain: Board. activities. Under the interim rule, intra- (i) A detailed description of the (b) What standards will the Board day extensions of credit by a bank or particular activity in which the apply in evaluating the notice? In thrift, or U.S. branch or agency of a company proposes to engage or the evaluating a notice to engage in a foreign bank, to a securities affiliate product or service the company complementary activity, the Board must engaged in securities underwriting, proposes to provide; consider whether: dealing, or market-making must be on (ii) An explanation supporting an (1) The proposed activity is market terms. In addition, foreign banks interpretation regarding the scope of the complementary to a financial activity; that are financial holding companies or permissible financial activity; and (2) The proposed activity would pose that are treated as financial holding (iii) Any additional information a substantial risk to the safety or companies will be required to comply requested by the Board regarding the soundness of depository institutions or with certain affiliate transaction activity. the financial system generally; and restrictions with respect to lending and (2) Board response. The Board will (3) The proposal meets the standards securities purchase transactions provide an advisory opinion within 45 in section 4(j)(2) of the Bank Holding between a U.S. branch or agency of a days of receiving a complete written Company Act (12 U.S.C. 1843(j)(2)). foreign bank and a securities affiliate request under paragraph (b) of this (c) How and when will the Board act engaged in securities underwriting, section. on a notice? The Board will inform the dealing, or market-making. § 225.89 How to request approval to financial holding company in writing of DATES: The interim rule is effective on engage in an activity that is complementary the Board’s determination regarding the March 11, 2000. Comments must be to a financial activity? proposed activity within the period received by May 12, 2000. (a) Prior Board approval is required. described in section 4(j) of the Bank ADDRESSES: Comments, which should A financial holding company that seeks Holding Company Act (12 U.S.C. refer to docket number R–1063, may be to engage in or acquire a company 1843(j)). mailed to Ms. Jennifer J. Johnson, engaged in an activity that the financial By order of the Board of Governors of the Secretary, Board of Governors of the holding company believes is Federal Reserve System, March 10, 2000. Federal Reserve System, 20th Street and complementary to a financial activity Dated: March 10, 2000. Constitution Avenue, NW., Washington, must obtain prior approval from the Robert deV. Frierson, DC 20551 or mailed electronically to Board in accordance with section 4(j) of Associate Secretary of the Board. [email protected]. Comments addressed to Ms. Johnson the Bank Holding Company Act (12 [FR Doc. 00–6469 Filed 3–16–00; 8:45 am] also may be delivered to the Board’s U.S.C. 1843 (j)). The notice must be in BILLING CODE 6210±01±P writing and must: mail room between the hours of 8:45 (1) Identify and define the proposed a.m. and 5:15 p.m. and, outside of those complementary activity, specifically FEDERAL RESERVE SYSTEM hours, to the Board’s security control describing what the activity would room. Both the mail room and the involve and how the activity would be 12 CFR Part 225 security control room are accessible conducted; from the Eccles Building courtyard (2) Identify the financial activity for [Regulation Y; Docket No. R±1063] entrance, located on 20th Street between which the proposed activity would be Constitution Avenue and C Street, NW. complementary and provide Bank Holding Companies and Change Members of the public may inspect information sufficient to support a in Bank Control; Securities comments in Room MP–500 of the finding that the proposed activity Underwriting, Dealing, and Market- Martin Building between 9 a.m. and 5 should be considered complementary to Making Activities of Financial Holding p.m. on weekdays. the identified financial activity; Companies FOR FURTHER INFORMATION CONTACT: (3) Describe the scope and relative AGENCY: Board of Governors of the Thomas Corsi, Managing Senior size of the proposed activity, as Federal Reserve System. Counsel, Legal Division (202) 452–3275; measured by the percentage of the Michael J. Schoenfeld, Senior ACTION: Interim rule with request for projected financial holding company Supervisory Financial Analyst, Division public comments. revenues expected to be derived from of Banking Supervision and Regulation

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(202) 452–2836; for the hearing holding company, and an affiliated depository institution be transferred to impaired only, Telecommunications securities firm. the depository institution. The Board Device for the Deaf (TDD), Janice Simms Intra-day extensions of credit: One originally applied lending restrictions to (202) 872–4984. operating standard applicable to section transactions between U.S. branches and SUPPLEMENTARY INFORMATION: The 20 subsidiaries (‘‘operating standard 5’’) agencies of a foreign bank and a section Gramm-Leach-Bliley Act differs from requires that intra-day extensions of 20 affiliate as a prudential limitation, prior regulatory and statutory schemes credit to a section 20 subsidiary by an recognizing that U.S. branches and in the manner that it addresses potential affiliated bank or thrift, or U.S. branch agencies are part of the U.S. financial risks to a depository institution or agency of a foreign bank be on market structure.5 In addition, the Board associated with securities and other terms consistent with section 23B of the adopted operating standard 8 because activities conducted by affiliates. The Federal Reserve Act. In considering sections 23A and 23B apply to U.S. current section 20 operating standards,1 whether to apply this limitation to banks and thrifts, and the operating like the bills to repeal the Glass-Steagall financial holding companies, the Board standard ensures competitive equity Act that were considered in the late notes that the Gramm-Leach-Bliley Act between foreign banks and U.S. banking 1980s and early 1990s contain detailed requires the Board, within the next 18 organizations in the funding of section restrictions on relationships and months, to address how the restrictions 20 affiliates. These are the types of transactions between depository in section 23A apply to intra-day concerns that section 114 of the Gramm- institutions and securities affiliates. The extensions of credit to all affiliates. Leach-Bliley Act would require the Until such time as that effort is Gramm-Leach-Bliley Act relies instead Board to consider in imposing complete, however, the Board believes on requirements that each depository restrictions on foreign banks that that operating standard 5 remains institution affiliated with a securities become financial holding companies. important to ensure that intra-day Under the Gramm-Leach-Bliley Act, firm be and remain well capitalized and extensions of credit by a depository foreign banks, as well as U.S. bank well managed. The Gramm-Leach-Bliley institution to an affiliated securities firm holding companies, that become Act also relies on functional regulation for clearing or other purposes are not financial holding companies will be of the securities firm by the SEC, full subsidizing the activities of the able to engage in a broader range of supervision of the depository institution securities firm to the detriment of the securities activities than is permitted by the appropriate federal banking depository institution affiliate. now. In view of this, the prudential and agency, and umbrella supervision of the Accordingly, the Board is applying the competitive equity concerns that led the overall organization by the Board to limitations in operating standard 5 to Board to adopt operating standard 8 identify and address potential risks to financial holding companies and foreign would justify applying that prudential the depository institution associated banks treated as financial holding limit in the case of a foreign bank that with the securities and other activities companies to cover intra-day extensions becomes a financial holding company. in the organization. of credit to their subsidiary securities This restriction would apply only to The Gramm-Leach-Bliley Act grants firms from their subsidiary banks or transactions between a securities the Board authority to impose thrifts or U.S. branches or agencies at affiliate that underwrites, deals in, or restrictions or requirements on least until such time as the analysis makes a market in securities, and a U.S. relationships or transactions between a regarding the application of section 23A branch or agency of a foreign bank, and depository institution and any affiliate. to intra-day extensions of credit is not to the foreign bank itself. The Board may impose a prudential complete. Customer disclosures: The Board is limitation if the Board finds that the Transactions with U.S. branches and not at this time imposing any customer limitation is appropriate to avoid a agencies of foreign banks: Another disclosure requirements on financial significant risk to the safety and operating standard (‘‘operating standard holding companies with respect to the soundness of the depository institution 8’’) applicable to section 20 subsidiaries activities of a subsidiary securities firm or the Federal deposit insurance funds, requires that a U.S. branch or agency of engaged in securities underwriting, to avoid other adverse effects or to a foreign bank comply with sections dealing, or market-making pursuant to 2 prevent evasions of the banking laws. 23A and 23B of the Federal Reserve section 4(k)(4)(E) of the BHC Act. To the The Board believes that most of the Act 3 when extending credit to a section extent that the securities firm makes a concerns that are raised by the 20 affiliate, or when purchasing sale to a customer on the premises of a affiliation of a securities firm with a securities for which a section 20 affiliate depository institution, or through a financial holding company are is a principal underwriter.4 A branch or depository institution employee, or as a addressed by the requirements of the agency also may not advertise or suggest result of a referral by a depository Gramm-Leach-Bliley Act, other banking that it is responsible for the obligations institution, it will be required to make laws and regulations, and securities of a section 20 affiliate. Operating the disclosures contained in the laws and regulations. standard 8 permits a branch or agency Interagency Statement on Retail Sales of Two concerns that the Board believes of a foreign bank to engage in funding Nondeposit Investment Products are not addressed by current law or and securities purchase transactions (Interagency Statement). regulation relate to intra-day extensions with a section 20 affiliate subject to the Whether or not the activities of of credit to a securities firm by an same restrictions applicable to a U.S. subsidiary securities firms of financial affiliated depository insitution, and to depository institution. holding companies are covered by the transactions between a U.S. branch or The purpose of sections 23A and 23B Interagency Statement, the Board agency of a foreign bank that elects to of the Federal Reserve Act, which limit expects financial holding companies to become or be treated as a financial credit and other transactions between a take all necessary steps to ensure that bank and its affiliate, is to limit the customers are not confused about the 1 12 CFR 225.200. The operating standards would possibility that the risks of activities nature of investment products they are continue to apply to section 20 subsidiaries controlled by bank holding companies that do not conducted in a nonbank affiliate of a purchasing. If the Board becomes aware qualify as financial holding companies. 2 Pub. L. No. 106–102, 113 Stat. 1338, 1369–71 3 12 U.S.C. 371c and 371c–1 5 See Canadian Imperial Bank of Commerce, et (1999). 4 12 CFR 225.200(b)(8). al., 76 Federal Reserve Bulletin 158, 163 (1990).

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No collections of information pursuant to advertise or suggest that they are responsible for the obligations of a In accordance with the Regulatory the Paperwork Reduction Act are securities affiliate described in Flexibility Act (5 U.S.C. 601–612), the contained in the interim rule. paragraph (g)(2)(i) of this section, Board must publish an initial regulatory List of Subjects in CFR 12 CFR Part 225 consistent with section 23B(c) of the flexibility analysis with this interim Administrative practice and Federal Reserve Act (12 U.S.C. 371c– regulation. The purpose of the interim procedure, Banks, banking, Federal 1(c)) as if the branches or agencies were rule is to address concerns raised by the Reserve System, Holding companies, member banks. affiliation of a securities firm with a Reporting and recordkeeping financial holding company that are not By order of the Board of Governors of the requirements, Securities. Federal Reserve System, March 10, 2000. otherwise addressed by current law or For the reasons set out in the regulation. The rule applies only to Robert deV. Frierson, preamble, the Board amends 12 CFR bank holding companies and foreign Associate Secretary of the Board. part 225 as follows: banks that voluntarily elect to become [FR Doc. 00–6502 Filed 3–16–00; 8:45 am] or be treated as financial holding PART 225ÐBANK HOLDING BILLING CODE 6210±01±P companies under the Bank Holding COMPANY AND CHANGE IN BANK Company Act as amended by the CONTROL (REGULATION Y) Gramm-Leach-Bliley Act, and also DEPARTMENT OF TRANSPORTATION engage in certain securities activities. 1. The authority citation for part 225 The interim rule applies to all financial continues to read as follows: Federal Aviation Administration holding companies regardless of size, Authority: 12 U.S.C. 1817(j)(13), 1818, 14 CFR Part 95 and requires them to comply with 1828(o), 1831(i), 1831p–1, 1843(c)(8), 1844(b), 1972(1), 3106, 3108, 3310, 3331– [Docket No. 29950; Amdt. No. 421] certain restrictions that already apply to 3351, 3907, and 3909. bank holding companies that control section 20 subsidiaries engaged in 2. Section 225.4 is amended by IFR Altitudes; Miscellaneous securities activities. The rule applies adding a new paragraph (g) to read as Amendments follows: fewer restrictions to financial holding AGENCY: Federal Aviation companies seeking to engage in § 225.4 Corporate practices. Administration (FAA), DOT. securities activities than apply to bank * * * * * ACTION: Final rule. holding companies that control section (g) Requirements for financial holding 20 subsidiaries and thus represents a companies engaged in securities SUMMARY: This amendment adopts reduction in the limitations on engaging underwriting, dealing, or market-making miscellaneous amendments to the in certain securities underwriting and activities. (1) Any intra-day extension of required IFR (instrument flight rules) dealing activities. The Board credit by a bank or thrift, or U.S. branch altitudes and changeover points for specifically seeks comment on the likely or agency of a foreign bank to an certain Federal airways, jet routes, or burden this interim rule will impose on affiliated company engaged in direct routes for which a minimum or small business entities and financial underwriting, dealing in, or making a maximum en route authorized IFR holding companies that seek to engage market in securities pursuant to section altitude is prescribed. This regulatory in securities activities. 4(k)(4)(E) of the Bank Holding Company action is needed because of changes Act (12 U.S.C. 1843(k)(4)(E)) must be on occurring in the National Airspace Administrative Procedure Act market terms consistent with section System. These changes are designed to The Board will make this interim rule 23B of the Federal Reserve Act. (12 provide for the safe and efficient use of the navigable airspace under instrument effective on March 11, 2000 without U.S.C. 371c–1). (2) A foreign bank that is or is treated conditions in the affected areas. first reviewing public comments. as a financial holding company under Pursuant to 5 U.S.C. 553, the Board EFFECTIVE DATE: 0901 UTC, April 20, this part shall ensure that: 2000. finds that it is impracticable to review (i) Any extension of credit by any U.S. public comments prior to the effective branch or agency of such foreign bank FOR FURTHER INFORMATION CONTACT: date of the interim rule, and that there to an affiliated company engaged in Donald P. Pate, Flight Procedure is good cause to make the interim rule underwriting, dealing in, or making a Standards Branch (AMCAFS–420), effective on March 11, 2000, due to the market in securities pursuant to section Flight Technologies and Programs fact that the rule sets forth a 4(k)(4)(E) of the Bank Holding Company Division, Flight Standards Service, requirement relating to activities that Act (12 U.S.C. 1843(k)(4)(E)), conforms Federal Aviation Administration, Mike financial holding companies will be to sections 23A and 23B of the Federal Monroney Aeronautical Center, 6500 able to engage in on March 11, 2000, Reserve Act (12 U.S.C. 371c and 371c– South MacArthur Blvd., Oklahoma City, due to statutory changes that become 1) as if the branch or agency were a OK 73169 (Mail Address: P.O. Box effective on that date. The Board is member bank; 25082, Oklahoma City, OK 73125) seeking public comment on the interim (ii) Any purchase by any U.S. branch telephone: (405) 954–4164. rule and will amend the rule as or agency of such foreign bank, as SUPPLEMENTARY INFORMATION: This appropriate after reviewing the principal or fiduciary, of securities for amendment to part 95 of the Federal comments. which a securities affiliate described in Aviation Regulations (14 CFR part 95)

VerDate 132000 16:34 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM pfrm03 PsN: 17MRR1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Rules and Regulations 14443 amends, suspends, or revokes IFR effective date of this amendment reflects economic impact on a substantial altitudes governing the operation of all those considerations. In view of the number of small entities under the aircraft in flight over a specified route close and immediate relationship criteria of the Regulatory Flexibility Act. or any portion of that route, as well as between these regulatory changes and List of Subjects in 14 CFR Part 95 the changeover points (COPs) for safety in air commerce, I find that notice Federal airways, jet routes, or direct and public procedure before adopting Airspace, Navigation (air). routes as prescribed in part 95. this amendment are impracticable and Issued in Washington, D.C. on March 14, contrary to the public interest and that The Rule 2000. good cause exists for making the L. Nicholas Lacey, The specified IFR altitudes, when amendment effective in less than 30 used in conjunction with the prescribed days. Director, Flight Standards Service. changeover points for those routes, Adoption of the Amendment ensure navigation aid coverage that is Conclusion adequate for safe flight operations and The FAA has determined that this Accordingly, pursuant to the free of frequency interference. The regulation only involves an established authority delegated to me by the reasons and circumstances that create body of technical regulations for which Administrator, part 95 of the Federal the need for this amendment involve frequent and routine amendments are Aviation Regulations (14 CFR part 95) is matters of flight safety and operational necessary to keep them operationally amended as follows effective at 9091 efficiency in the National Airspace current. It, therefore—(1) is not a UTC. System, are related to published ‘‘significant regulatory action’’ under aeronautical charts that are essential to Executive Order 12866; (2) is not a PART 95Ð[AMENDED] the user, and provide for the safe and ‘‘significant rule’’ under DOT 1. The authority citation for part 95 efficient use of the navigable airspace. Regulatory Policies and Procedures (44 continues to read as follows: In addition, those various reasons or FR 11034; February 26, 1979); and (3) circumstances require making this does not warrant preparation of a Authority: 49 U.S.C. 106(g), 40103, 40106, amendment effective before the next regulatory evaluation as the anticipated 40113, 40114, 40120, 44502, 44514, 44719, 44721. scheduled charting and publication date impact is so minimal. For the same of the flight information to assure its reason, the FAA certifies that this 2. Part 95 is amended to read as timely availability to the user. The amendment will not have a significant follows:

REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINTS [Amendment 421 effective date: April 20, 2000, Final]

FromÐIs amended to read in part To MEA

&95.6001 VICTOR ROUTESÐU.S. &95.6006 VOR FEDERAL AIRWAY 6

Niles, IL FIX ...... Chett, MI FIX ...... *3500 *2500ÐMOCA Chett, MI FIX ...... Gipper, MI VORTAC ...... *3000 *2200ÐMOCA

&95.6010 VOR FEDERAL AIRWAY 10

Niles, IL FIX ...... Chett, MI FIX ...... *3500 *2500ÐMOCA Chett, MI FIX ...... Gipper, MI VORTAC ...... *3000 *2200ÐMOCA

&95.6165 VOR FEDERAL AIRWAY 165

Mustang, NV VORTAC ...... Pyram, NV FIX ...... *11000 *100000ÐMOCA

&95.6175 VOR FEDERAL AIRWAY 175

Worthington, MN VOR/DME ...... Redwood Falls, MN VORTAC ...... *3300 *2800ÐMOCA Park Rapids, MN VOR/DME ...... Bemidji, MN VORTAC ...... 3400

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[FR Doc. 00–6698 Filed 3–16–00; 8:45 am] SUPPLEMENTARY INFORMATION: initial designation of a military entity under § 744.12(c). The license review BILLING CODE 4910±13±M Background policy for this entity will remain one of In accordance with section 102(b) of denial for items controlled for NP or MT the Arms Export Control Act, President reasons, except items intended for the DEPARTMENT OF COMMERCE Clinton reported to the Congress on May preservation of safety of civil aircraft, 13, 1998, with regard to India and May which will be reviewed on a case-by- Bureau of Export Administration 30, 1998, with regard to Pakistan his case basis; and computers, which will determinations that those non-nuclear be reviewed with a presumption of 15 CFR Part 744 weapon states had each detonated a denial. All other items subject to the nuclear explosive device. The President EAR to this listed entity will be [Docket No. 981019261±0020±02] directed in the determination reported reviewed with a presumption of denial, to the Congress that the relevant with the exception of items classified as agencies and instrumentalities of the RIN 0694±AB73 EAR99, which will be reviewed with a United States take the necessary actions presumption of approval, under the new Export Administration Regulations to implement the sanctions described in review policy set out by this rule. Entity List: Removal of Entities, section 102(b)(2) of that Act. Consistent with the President’s directive, the This rule re-designates the Uranium Revision in License Policy, and Bureau of Export Administration (BXA) Recovery Plant, located in Cochin, Reformat of List implemented certain sanctions, as well India, as a government entity under as certain supplementary measures to § 744.11(c)(1) of the EAR, instead of its AGENCY: Bureau of Export initial designation of a private/parastatal Administration, Commerce. enhance the sanctions on November 19, 1998 (63 FR 64322). entity under § 744.11(c)(2). In addition, ACTION: Final rule. Based on a consensus decision by the it revises the organization with which it Administration to more tightly focus the is identified, as the Department of SUMMARY: On November 18, 1998, the sanctions on those Indian entities which Atomic Energy (DAE), instead of Bureau of Export Administration (BXA) make direct and material contributions Fertilizers and Chemicals Travancore published a rule in the Federal Register to weapons of mass destruction and (FACT), Uranium Corporation of India, (63 FR 64322) that added certain Indian missile programs and items that can Ltd. (UCIL). The license review policy and Pakistani entities to the Entity List contribute to such programs, BXA is for this entity will remain one of denial in the Export Administration removing 51 Indian entities from the for items controlled for NP or MT reasons, except items intended for the Regulations (EAR). This rule removes 51 Entity list, found in Supplement No. 4 preservation of safety of civil aircraft, Indian entities and modifies one entity’s to part 744 of the Export Administration which will be reviewed on a case-by- listing. In addition, this rule will revise Regulations (EAR), and revising the case basis; and computers, which will the license review policy for items listing of one Indian entity. In addition, be reviewed with a presumption of classified as EAR99 (items that are the license application review policy for denial. All other items subject to the subject to the EAR, but are not listed on the export or reexport of items classified EAR to this listed entity will be the Commerce Control List) to Indian as EAR99 to Indian and Pakistani government, private, and parastatal reviewed with a presumption of denial, and Pakistani government, private and entities will be revised from a with the exception of items classified as parastatal entities from a presumption of presumption of denial to a presumption EAR99, which will be reviewed with a denial to a presumption of approval. of approval. The U.S. policy of denial presumption of approval, under the new Also, to correct two inadvertent errors for dual-use items controlled for nuclear review policy set out by this rule. in the publication of the Entity List, this proliferation (NP) and missile This rule does not change the items rule: re-designates one existing technology (MT) reasons to all Indian subject to sanctions for entities Pakistani entry on the list as a and Pakistani entities remains remaining on the list. The government entity instead of a military unchanged, however. Recent Administration will continue to review facility; and re-designates one existing Congressional action supports these both the list of sanctioned entities and Indian entry on the list as a government regulatory revisions. Section 9001(d) of the scope of licensing requirements over entity instead of a private or parastatal the FY 2000 Defense Appropriations Act items, and may make additional entity, while also correcting the (the Act) includes language stating that changes. organization with which it was ‘‘it is the sense of Congress that the The removal of entities from the previously identified. Finally, after broad application of export controls to consultation between BXA and the Entity List does not relieve exporters or nearly 300 Indian and Pakistani entities reexporters of their obligations under Department of State, the subordinates of is inconsistent with the specific national Indian and Pakistani organizations that General Prohibition 5 in § 736.2(b)(5) of security interests of the United States the EAR which provides that, ‘‘you may are on the Entity List will be moved to and that the control list requires not, without a license, knowingly export appendix A and appendix B of the refinement.’’ The Act also states that it or reexport any item subject to the EAR Entity List, respectively. BXA is the sense of Congress that ‘‘export to an end-user or end-use that is anticipates this change in policy will controls should be applied only to those prohibited by part 744 of the EAR.’’ increase the number of license Indian and Pakistani entities that make BXA strongly urges the use of applications submitted to BXA. direct and material contributions to Supplement No. 3 to part 732 of the DATES: This rule is effective March 17, weapons of mass destruction and EAR, ‘‘BXA’s ‘Know Your Customer’ 2000. missile programs and only to those Guidance and Red Flags’’ when items that can contribute to such exporting or reexporting to India and FOR FURTHER INFORMATION CONTACT: programs.’’ Pakistan. Eileen M. Albanese, Director, Office of This rule re-designates the Pakistani Exporter Services, Bureau of Export entity, Gadwal Uranium Enrichment Entities Removed From Entity List Administration, Telephone: (202) 482– Plant, as a government entity under Ambarnath Machine Tool Prototype 0436. § 744.11(c)(1) of the EAR, instead of its Factory

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Ambarnath Ordnance Factory Although the Export Administration Therefore, this regulation is issued in Aruvankadu Cordite Factory Act (EAA) expired on August 20, 1994, final form. Although there is no formal Avadi Combine Engine Plant the President invoked the International comment period, public comments on Avadi Heavy Vehicle Factory Emergency Economic Powers Act and this regulation are welcome on a Avadi Ordnance Clothing Factory continued in effect the EAR, and, to the continuing basis. Comments should be *Bharat Heavy Electrical Limited (BHEL), Hardwar and Ranipet extent permitted by law, the provisions submitted to Sharron Cook, Regulatory Bhusawal Ordnance Factory of the EAA in Executive Order 12924 of Policy Division, Bureau of Export Chandigarh Ordnance Cable Factory August 19, 1994, as extended by the Administration, Department of Chandigarh Ordnance Parachute Factory President’s notices of August 15, 1995 Commerce, P.O. Box 273, Washington, Combat Vehicle Research and (60 FR 42767), August 14, 1996 (61 FR DC 20044. Development Establishment (CVRDE) 42527), August 13, 1997 (62 FR 43629), Cossipore Gun and Shell Factory August 13, 1998 (63 FR 44121), and List of Subjects in 5 CFR Part 744 Defence Bio-Engineering and Electro- August 10, 1999 (64 FR 44101, August Exports, Foreign trade, Reporting and Medical Laboratory (DEBEL) 13, 1999). recordkeeping requirements. Defence Food Research Laboratory (DFRL) Accordingly, part 744 of the Export Defence Institute of Fire Research (DIFR) Rulemaking Requirements Administration Regulations (15 CFR Defence Institute of Physiology and Allied 1. This final rule has been determined Sciences (DIPAS) parts 730–774) is amended as follows: Defence Institute of Psychological Research to be not significant for purposes of E.O. (DIPR) 12866. PART 744Ð[AMENDED] Defence Institute of Workstudy (DIWS) 2. This rule contains and involves collections of information subject to the 1. The authority citation for 15 CFR Defence Research and Development Unit part 744 continues to read as follows: (DRDU) Paperwork Reduction Act of 1980 (44 Defence Research Laboratory (DRL) U.S.C. 3501 et seq.). These collections Authority: 50 U.S.C. app. 2401 et seq.; 50 Defence Terrain Research Laboratory have been approved by the Office of U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; (DTRL) Management and Budget under control 42 U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3 Dehra Dun Opto-Electronics Factory number 0694–0088, ‘‘Multi-Purpose CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR Dehra Dun Ordnance Factory Application,’’ which carries a burden 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. Dehu Road Ordnance Factory hour estimate of 40 minutes to prepare Hazratpur Ordnance Equipment Factory 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Institute of Mathematical Sciences and submit electronically and 45 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 Institute of Physics minutes to submit manually on form CFR, 1996 Comp., p. 228; Notice of Institute for Systems Studies and Analyses BXA–748P; and 0694–0111, ‘‘India November 12, 1998, 63 FR 63589, 3 CFR, (ISSA) Pakistan Sanctions,’’ which carries a 1998 Comp., p. 305; Notice of August 10, Interuniversity Consortium of DAE burden hour estimate of 40 minutes to 1999, 64 FR 44101 (August 13, 1999). Facilities prepare and submit electronically and 2. Section 744.11 is amended by Jabalpur Gray Iron Foundry 45 minutes to submit manually on form revising the introductory text and Jabalpur Gun Carriage Factory BXA–748P . Notwithstanding any other paragraph (c) to read as follows: Kanpur Field Gun Factory provision of law, no person is required Kanpur Ordnance Parachute Factory to respond nor shall any person be § 744.11 Restrictions on Certain Kanpur Small Arms Factory subject to a penalty for failure to comply Government, parastatal, and private entities Katni Ordnance Factory in Pakistan and India. Khamaira Ordnance Factory with, a collection of information subject to the requirements of the Paperwork To supplement sanctions measures Kirkee Ammunition Factory against India and Pakistan, set forth in Medak Grey Iron Foundry Reduction Act, unless that collection of Medak Ordnance Factory information displays a currently valid § 742.16 of the EAR, a prohibition is Mehta Research Institute of Maths and OMB Control Number. imposed on exports and reexports to Math Physics 3. This rule does not contain policies certain government, parastatal, and Naval Chemical and Metallurgical with Federalism implications sufficient private entities in India and Pakistan Laboratory (NCML) to warrant preparation of a Federalism determined to be involved in nuclear or Ordnance Factories Staff College assessment under Executive Order missile activities. With respect to Ordnance Factories Training Institutes subordinates of listed entities in India Proof and Experimental Establishment 13132. 4. The provisions of the and Pakistan, only those specifically Saha Institute of Nuclear Physics listed in Supplement No. 4 to part 744, Scientific Analysis Group (SAG) Administrative Procedure Act (5 U.S.C. Shahjahanpur Ordnance Clothing Factory 553) requiring notice of proposed Entity List, are subject to the restrictions Tata Institute of Fundamental Research rulemaking, the opportunity for public and policies set forth in this section. Tiruchchirappalli Heavy Alloy Penetrator participation, and a delay in effective The addition or deletion of entities to or Project date, are inapplicable because this from Supplement No. 4 to part 744, Titlagarh Ammunition Plant regulation involves a military and Entity List, does not relieve you of your Varangaon Ordnance Factory foreign affairs function of the United obligations under General Prohibition 5 The Variable Energy Cyclotron Centre States (see 5 U.S.C. 553(a)(1)). Further, in § 736.2(b)(5) of the EAR: ‘‘you may (VECC) no other law requires that a notice of not, without a license, knowingly export *This is a revision, not a deletion. Only or reexport any item subject to the EAR two cities of this entity are being removed. proposed rulemaking and an opportunity for public comment be to an end-user or end-use that is Lastly, subordinate entities of listed given for this final rule. Because a prohibited by part 744 of the EAR.’’ You Indian and Pakistani organizations have notice of proposed rulemaking and an are urged to use the guidance in been moved to appendixes to opportunity for public comment are not Supplement No. 3 to part 732 of the Supplement No. 4 of part 744 (the Entity required to be given for this rule under EAR, ‘‘BXA’s ‘‘Know Your Customer’ List). The subordinates will be listed in 5 U.S.C. 553 or by any other law, the Guidance and Red Flags’’ when alphabetical order under a heading analytical requirements of the exporting or reexporting to India and listing the organization with which they Regulatory Flexibility Act (5 U.S.C. 601 Pakistan. are identified. et seq.) are not applicable. * * * * *

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(c) License review standards. (1) presumption of approval. All other are stand-alone contracts, and letter Government entities. Applications to items subject to the EAR to these listed agreements that are amendments to export or reexport items controlled for entities will be reviewed with a existing contracts or other agreements. NP or MT reasons to listed government presumption of denial. Except for items The terms of the preexisting business entities will be denied, except items controlled for NP or MT reasons, arrangement policy may also apply to intended for the preservation of safety of exports or reexports to listed parastatals the longstanding continued supply of a civil aircraft, which will be reviewed on and private entities with whom you particular item or items from the a case-by-case basis; and computers, have a preexisting business arrangement exporter to the entity even when there which will be reviewed with a will be considered on a case-by-case is no current agreement between the presumption of denial. Items classified basis, with a presumption of approval in firms. BXA, in conjunction with other as EAR99 will be reviewed with a cases where neither the arrangement nor agencies, will determine eligibility presumption of approval. All other the specific transaction involves nuclear under the preexisting business items subject to the EAR to these listed or missile activities and the exports or arrangement policy. In order to be entities will be reviewed with a reexports are pursuant to that eligible under the policy, you must presumption of denial. arrangement. Because EAR99 items have provide documentation to establish (2) Parastatal and private entities. a license review policy of presumption such an arrangement. The Applications to export or reexport items of approval, you may choose not to documentation should be provided at controlled for NP or MT reasons to provide documentation of such the time you submit a license certain parastatal and private entities arrangements for those items. The term application to export or reexport items will be denied, except items intended to ‘‘business arrangement’’ covers the full to any listed parastatal or private entity. ensure the safety of civil aviation and range of business agreements, including 3. Supplement No. 4 to part 744 is safe operation of commercial passenger general contracts, general terms amended by removing the entities for aircraft, which will be reviewed on a agreements (e.g., agreements whereby India and Pakistan and replacing them case-by-case basis; and computers, the seller delivers products under with the following list of entities for which will be reviewed with a purchase orders to be issued by the India and Pakistan, and adding presumption of denial. Items classified buyer), general business agreements, Appendixes A and B to Supplement No. as EAR99 will be reviewed with a offset agreements, letter agreements that 4 to part 744 to read as follows:

SUPPLEMENT NO. 4 TO PART 744ÐENTITY LIST

Federal Register Country Entity License requirement License review policy citation

******* INDIA ...... Aeronautical Development Agency, Ministry of For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Defense, Bangalore. the EAR. this part. [INSERT FR CITE] 3/17/00.] Aerospace Division, Hindustan Aeronautics For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Limited (HAL), Bangalore. the EAR. this part. [INSERT FR CITE] 3/17/00.] Atomic Energy Commission (AEC) located in For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Mumbai (formerly Bombay). the EAR. this part. [INSERT FR CITE] 3/17/00. Atomic Energy Regulatory Board (AERB), For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Mumbai (formerly Bombay). the EAR. this part. [INSERT FR CITE] 3/17/00. AURO Engineering, Pondicherry ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Baroda Ammonia Plant, (collocated with the For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Baroda Heavy Water Production Facility), the EAR. this part. [INSERT FR CITE] Gujarat Fertilizers, Baroda. 3/17/00. Bharat Dynamics Limited, Bhanur and For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hyderabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Bharat Earth Movers Limited (BEML), Ban- For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 galore. the EAR. this part. [INSERT FR CITE] 3/17/00. Bharat Electronics Limited (BEL), Bangalore, For all items subject to See § 744.11(c)(2) of 62 FR 26922, 5/16/97; Ghaziabad, and Hyderabad. the EAR. this part. 62 FR 51369, 10/1/ 97; 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. Bharat Heavy Electrical Limited (BHEL), Trichy For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 (Tiruchirapalli), Hyderabad, and New Delhi. the EAR. this part. [INSERT FR CITE] 3/17/00. Central Manufacturing Technology Institute, For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 a.k.a. Central Machine Tool Institute, Ban- the EAR. this part. [INSERT FR CITE] galore. 3/17/00.

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SUPPLEMENT NO. 4 TO PART 744ÐENTITY LISTÐContinued

Federal Register Country Entity License requirement License review policy citation

Centre for Development of Advanced Com- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 puting, Department of Electronics, Pune. the EAR. this part. [INSERT FR CITE] 3/17/00. Defence Research and Development Organi- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 zation (DRDO) located in New Delhi and the EAR. this part. [INSERT FR CITE] subordinate entities specifically listed in Ap- 3/17/00. pendix A to this supplement. Department of Atomic Energy (DAE) located in For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Mumbai (formerly Bombay) and the subordi- the EAR. this part. [INSERT FR CITE] nate entities specifically listed in Appendix A 3/17/00. to this supplement. Department of Defense Production and Sup- For all items subject to See § 744.12(c) of this 63 FR 64322, 11/19/98 plies (DDPS) and the subordinate entities the EAR having a part. [INSERT FR CITE] specifically listed in Appendix A to this sup- classification other 3/17/00. plement. than EAR99. Department of Space (DOS) located in Ban- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 galore and the subordinate entities specifi- the EAR. this part. [INSERT FR CITE] cally listed in Appendix A to this supplement. 3/17/00. Electronics Corporation of India, Ltd. (ECIL), For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hyderabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Engine Division, Hindustan Aeronautics Lim- For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 ited (HAL), Bangalore. the EAR. this part. [INSERT FR CITE] 3/17/00. Ferrodie Private Limited (FPL), Thane ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Godrej & Boyce Mfg., Co., Ltd., Precision For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Equipment Division (PED) and Tool Room the EAR. this part. [INSERT FR CITE] Division, Mumbai (formerly Bombay). 3/17/00. Hazira Ammonia Plant, (collocated at the For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hazira Heavy Water Production Facility) the EAR. this part. [INSERT FR CITE] Krishak Bharati Cooperative, Ltd., Hazira. 3/17/00. Indian Institute of Science (IIS), Departments For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 of: Aerospace Engineering and Space Tech- the EAR. this part. [INSERT FR CITE] nology Cell, Bangalore. 3/17/00. Indian Institute of Technology (IIT), Depart- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 ments of: Aerospace Engineering and the EAR. this part. [INSERT FR CITE] Space Technology Cell, Chennai (formerly 3/17/00. Madras). Indian Institute of Technology (IIT), Depart- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 ments of: Physics, Aerospace Engineering, the EAR. this part. [INSERT FR CITE] and Space Technology Cell, Mumbai (for- 3/17/00. merly Bombay). Indian Rare Earths, Ltd., (IREL), located in For all items subject to See § 744.11(c)(2) of 62 FR 35335, 6/30/97; Mumbai (formerly Bombay) and subordinate the EAR. this part. 63 FR 64322, entities specifically listed in Appendix A to 11/19/98 this supplement. [INSERT FR CITE] 3/17/00. Kirloskar Brothers, Ltd. (KB), Pune ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Larsen & Toubro, Ltd. (L&T), Hazira Works, For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hazira. the EAR. this part. [INSERT FR CITE] 3/17/00. Machine Tool Aids & Reconditioning (MTAR), For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hyderabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Mishra Dhatu Nigam, Ltd. (MIDHANI), For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Hyderabad. the EAR. this part. [INSERT FR CITE] 3/17/00. National Aerospace Laboratory, Bangalore ..... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. National Trisonic Aerodynamic Facility, Na- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 tional Aerospace Laboratory, Bangalore. the EAR. this part. [INSERT FR CITE] 3/17/00. The Nuclear Power Corporation of India, Ltd. For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 (NPCIL), located in Mumbai (formerly Bom- the EAR. this part. [INSERT FR CITE] bay) and subordinate entities specifically 3/17/00. listed in Appendix A to this supplement.

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SUPPLEMENT NO. 4 TO PART 744ÐENTITY LISTÐContinued

Federal Register Country Entity License requirement License review policy citation

Nuclear Science Centre (NSC), New Delhi ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Precision Controls, Chennai (formerly Madras) For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Rama Krishna Engineering Works (REW), For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Chennai (formerly Madras). the EAR. this part. [INSERT FR CITE] 3/17/00. Ammonia Plant, (collocated at Talcher For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Heavy Water Production Facility) Fertilizer the EAR. this part. [INSERT FR CITE] Corporation of India, Ltd., Talcher. 3/17/00. Thal-Vaishet Ammonia Plant, (collocated at For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Thal-Vaishet Heavy Water Production Facil- the EAR. this part. [INSERT FR CITE] ity), Rashtriya Chemicals & Fertilizers, Thal- 3/17/00. Vaishet in Maharashtra. Tuticorin Ammonia Plant, (collocated at For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Tuticorin Heavy Water Production Facility), the EAR. this part. [INSERT FR CITE] Southern Petrochemical Industries Corpora- 3/17/00. tion, Tuticorin. Uranium Corporation of India, Ltd. (UCIL), lo- For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 cated in Jaduguda and subordinate entities the EAR. this part. [INSERT FR CITE] specifically listed in Appendix A to this sup- 3/17/00. plement. Walchandnagar Industries, Ltd. (WIL), Nadu For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Desarai and Mahad. the EAR. this part. [INSERT FR CITE] 3/17/00.

******* PAKISTAN ...... Abdul Qader Khan Research Laboratories, For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 a.k.a. Khan Research Laboratories (KRL), the EAR. this part. [INSERT FR CITE] a.k.a. Engineering Research Laboratories 3/17/00. (ERL), Kahuta. Al Technique Corporation of Pakistan, Ltd...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Allied Trading Co...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. ANZ Importers and Exporters, Islamabad ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Armed Forces Institute of PathologyÐRawal- For all items subject to See § 744.12(c) of this 63 FR 64322, pindi Laboratory. the EAR having a part. 11/19/98. classification other than EAR99. Center for Advanced Molecular Biology, La- For all items subject to See § 744.12(c) of this 63 FR 64322, hore. the EAR having a part. 11/19/98. classification other than EAR99. Combat Development Directorate (CDD) ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Defence Science and Technology Organiza- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 tion (DESTO) located in Rawalpindi and the EAR. this part. [INSERT FR CITE] subordinate entities specifically listed in Ap- 3/17/00. pendix B to this supplement. Engineering and Technical Services, For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Islamabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Engineering Research Laboratories (ERL), For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 a.k.a. Abdul Qader Khan Research Labora- the EAR. this part. [INSERT FR CITE] tories, a.k.a. Khan Research Laboratories 3/17/00. (KRL), Kahuta. Gadwal Ammunition Plant ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99.

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SUPPLEMENT NO. 4 TO PART 744ÐENTITY LISTÐContinued

Federal Register Country Entity License requirement License review policy citation

Gadwal Uranium Enrichment Plant ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Ghulam Ishaq Khan Institute of Technology, For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Topai. the EAR. this part. [INSERT FR CITE] 3/17/00. Golra Ultracentrifuge Plant, Golra ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Goth Macchi Nitrogen Fertilizer Plant, For all items subject to See § 744.12(c) of this 63 FR 64322, Sadiqabad. the EAR having a part. 11/19/98. classification other than EAR99. Haripur Nitrogen Fertilizer Plant, Hazara ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Havelian Explosives and Ammunition Plant ..... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. High Technologies, Ltd., Islamabad ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Karachi CBW Research Institute, University of For all items subject to See § 744.12(c) of this 63 FR 64322, Karachi's Husein Ebrahim Jamal Research the EAR having a part. 11/19/98. Institute of Chemistry (HEJRIC). classification other than EAR99. Karachi Naval Base and Naval Hqs. And For all items subject to See § 744.12(c) of this 63 FR 64322, Dockyard. the EAR having a part. 11/19/98. classification other than EAR99. Karachi Superphos Fertilizer Plant, Al Noor .... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Khan Research Laboratories (KRL) a.k.a. For all items subject to See § 744.11(c)(1) of 63 FR 64322, Abdul Qader Khan Research Laboratories, the EAR. this part. 11/19/98; 62 FR a.k.a. Engineering Research Laboratories 35334, 6/30/97 (ERL), Kahuta. [INSERT FR CITE] 3/17/00. Khewra Soda Ash Plant, Soda Ash Busi- For all items subject to See § 744.12(c) of this 63 FR 64322, nesses, Soda Ash Works, Khewra Distt. the EAR having a part. 11/19/98; 64 FR Jhelum, (owned by ICI Pakistan Limited). classification other 14606, 3/26/99 than EAR99. Lahore Weapons Plant, PEC ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Lastech Associates, Islamabad...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Machinery Master Enterprises, Islamabad ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Maple Engineering Pvt. Ltd. Consultants, Im- For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 porters and Exporters. the EAR. this part. [INSERT FR CITE] 3/17/00. Mirpur Nitrogen Fertilizer Plant, Mathelo ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Modern Engineering Services, Ltd., Islamabad For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Multan Chemical Fertilizer Plant ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99.

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SUPPLEMENT NO. 4 TO PART 744ÐENTITY LISTÐContinued

Federal Register Country Entity License requirement License review policy citation

National Development Centre ...... For all items subject to See § 744.11(c)(1) of 62 FR 35335, 6/30/97; the EAR. this part. 63 FR 64322, 11/19/98 [INSERT FR CITE] 3/17/00. National Institute of Biotechnology and Ge- For all items subject to See § 744.12(c) of this 63 FR 64322, netic Engineering, Faisalabad. the EAR having a part. 11/19/98. classification other than EAR99. Orient Importers and Exporters, Islamabad ..... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Pakistan Atomic Energy Commission (PAEC) For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 located in Islamabad and subordinate enti- the EAR. this part. [INSERT FR CITE] ties specifically listed in Appendix B to this 3/17/00. supplement. Pakistan Institute for Nuclear Science and For all items subject to See § 744.11(c)(1) of 62 FR 35334, 6/30/97; Technology (PINSTECH) located in the EAR. this part. 63 FR 64322, Islamabad and subordinate entities specifi- 11/19/98 cally listed in Appendix B to this supplement. [INSERT FR CITE] 3/17/00. Pakistan Ordnance Factories ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. People's Steel Mills, Karachi ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Prime International ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Saniwal Ammunition Plant ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Scientific and Technical Technology, Ltd., For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 Islamabad. the EAR. this part. [INSERT FR CITE] 3/17/00. Sihala Ultracentrifuge Plant, Sihala ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Space and Upper Atmospheric Research For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 Commission (SUPARCO) and subordinate the EAR. this part. [INSERT FR CITE] entities specifically listed in Appendix B to 3/17/00. this supplement. Space Research Council ...... For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Technical Services, Islamabad ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. The Tempest Trading Company, Islamabad .... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Unique Technical Promoters ...... For all items subject to See § 744.11(c)(2) of 63 FR 64322, 11/19/98 the EAR. this part. [INSERT FR CITE] 3/17/00. Wah Chemical Product Plant ...... For all items subject to See § 744.12(c) of this 63 FR 64322, the EAR having a part. 11/19/98. classification other than EAR99. Wah Munitions Plant, a.k.a. Explosives Fac- For all items subject to See § 744.11(c)(1) of 63 FR 64322, 11/19/98 tory, Pakistan Ordnance Factories (POF). the EAR. this part. [INSERT FR CITE] 3/17/00.

*******

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Appendix A to Supplement No. 4 to Board of Radiation and Isotope Technology Indian Space Research Organization Part 744 (Entity List)—Listed (BRIT), Mumbai (ISRO), Bangalore Subordinates of Listed Indian Boron Enrichment Plant, Trombay Interim Test Range (ITR), Balasore Organizations Central Workshops, Trombay ISRO Inertial Systems Unit (IISU), Centre for Advanced Technology (CAT), Thiruvananthapura The subordinates listed in this appendix Indore Liquid Propulsion Systems Centre, are considered listed entities to the Entity Centre for the Compositional Bangalore List. Subordinates have the same license Characterization of Materials, Hyderabad Liquid Propulsion Systems Centre, requirements and review policy as the Ceramic Fuels Fabrication Plant, Thiruvananthapuram or Valiamala organizations they are identified under. The Hyderabad Liquid Propulsion Test Facility, subordinates in this appendix are listed in Cirus Reactor, Mumbai Mahendragiri alphabetical order under the organization Construction Services and Estate Meteorological Rocket Station, Balasore that they are identified with, which are also Management Group, Mumbai Physical Research Laboratory (PRL), listed in alphabetical order. Dhruva Reactor, Mumbai Ahmadabad Directorate of Purchase and Stores (DPS), Solid Propellant Space Booster Plant Defence Research and Development (SPROB) Organization (DRDO): Mumbai Fast Breeder Test Reactor (FBTR), Space Applications Centre (SAC), Aerial Delivery Research and Development Kalpakkam Ahmadabad Establishment (ADRDE), Agra Fast Reactor Fuel Reprocessing Plant Space Physics Laboratory Aeronautical Development Establishment (FRFRP), Kalpakkam (SPL),Thiruvananthapuram (ADE), Bangalore General Services Organization, Kalpakkam Sriharikota Space Centre (SHAR), Andhra Pradesh Armament Research and Development Hazira Heavy Water Production Facility, Establishment (ARDE), Pune Thumba Equatorial Rocket Launching Hazira Centre for Aeronautical Systems Studies Station Heavy Water Board, Mumbai and Analysis (CASSA), Bangalore Vikram Sarabhai Space Centre (VSSC), Indira Gandhi Center for Atomic Research Defence Electronics Applications Thiruvananthapuram (IGCAR), Kalpakkam Laboratory (DEAL), Dehra Dun Indian Rare Earths, Ltd. (IREL): Defence Electronics Research Laboratory Kalpakkam Reprocessing Plant (KARP), (DERL or DLRL), Hyderabad (a.k.a. Kalpakkam Fuel Reprocessing Plant), India Minerals Separation Plants, Defence Laboratory (DL), Jodhpur Kalpakkam , Orissa, and Chavara Defence Materials and Store Research and Kamini Research Reactor, Kalpakkam The Mineral Sand Separation Complex, Development Establishment (DMSRDE), Kota Heavy Water Production Facility, Chhatrapur in the Gunjan District of Orissa Kanpur Kota Minerals Recovery Plant, Chavara Defence Metallurgical Research Laboratory Manuguru Heavy Water Production Orissa Sands Complex (OSCOM), (DMRL), Hyderabad Facility, Manuguru Chhatrapur in the Gunjan District of Orissa Defence Research and Development Nangal Heavy Water Production Facility, Rare Earth Development Laboratory, Establishment (DRDE), Gwalior Nangal Trombay Defence Research and Development New Zirconium Sponge Plant, Hyderabad Rare Materials Plant, Mysore Laboratory (DRDL), Hyderabad Nuclear Fuel Complex (NFC), Hyderabad Thorium Plant, Chhatrapur Defence Science Centre (DSC), New Delhi Plutonium Reprocessing Plant, Trombay Zirconium Oxide Plant, Manavalakuruchi Electronics and Radar Development PREFRE Reprocessing Plant, Tarapur Prototype Fast Breeder Reactor (PFBR), The Nuclear Power Corporation of India, Establishment (ERDE or LRDE), Bangalore Ltd. (NPCIL): Explosive Research and Development Kalpakkam Laboratory (ERDL), Pune Purinima Facility, Trombay Heavy Water Upgrade Plant, Kakrapar Gas Turbine Research Establishment Special Materials Plant, Hyderabad Kaiga Atomic Power Project (KAPP), Kaiga (GTRE), Bangalore Talcher Heavy Water Production Facility, Kakrapar Atomic Power Station (KAPS), Institute of Armament Technology (IAT), Talcher Kakrapar Pune Thal-Vaishet Heavy Water Production Kundankulam Atomic Power Project, Instruments Research and Development Facility, Thal-Vaishet in Maharashtra Kundankulam Establishment (IRDE), Dehra Dun Trombay Reprocessing Plant, Trombay Madras Atomic Power Station (MAPS), The Missile Research and Development Tuticorin Heavy Water Production Facility, Kalpakkam Complex, Imarat, Hyderabad Tuticorin Narora Atomic Power Station (NAPS), Bullandshahr (Uttar Pradesh) National Test Range, Baliabad Uranium Conversion Plant, Trombay Rajasthan Atomic Power Station (RAPS) Naval Physical and Oceanographic Uranium Enrichment Plant, Trombay and Rajasthan Atomic Power Project, Laboratory (NPOL), Cochin Uranium Fuel Assembly Plant, Hyderabad Rawatbhata Naval Science and Technological Uranium Recovery Plant, Cochin Tarapur Atomic Power Station (TAPS) and Laboratory (NSTL), Vishakhapatnam Zirconium Fabrication Plant, Hyderabad Tarapur Atomic Power Project, Tarapur Research and Development Establishment Department of Defense Production and (Engineers) (R&DE (ENGRS)), Pune Supplies (DDPS): Uranium Corporation of India, Ltd. (UCIL): Solid State Physics Laboratory (SSPL), Bhatin Uranium Mine and Mill, Bhatin Ambajhari Ordnance Factory New Delhi Jaduguda Uranium Mine and Mill, Chanda Ammunition Loading Plant Terminal Ballistics Research Laboratory Jaduguda Chanda Ordnance Factory (TBRL), Chandigarh Narwapahar Uranium Mine and Mill, Dum Dum Ordance Factory Vehicles Research and Development Narwapahar Establishment, Ahmednagar Ishapore Metal and Steel Factory Uranium Mine and Mill, Narwapahar, Ishapore Rifle Factory Department of Atomic Energy (DAE): Jaduguda, and Bhatin Itarsi Ordnance Factory Uranium Mine, Turamdih Advanced Fuel Fabrication Facility, Kanpur Ordnance Equipment Factory Uranium Recovery Plants, Mosabini (a.k.a. Tarapur Kanpur Ordnance Factory Masabeni), Rakha and Surda (a.k.a. Surdat) Aspara Research Reactor, Trombay Kirkee High Explosives Factory The Atomic Minerals Division (AMD), Muradnagar Ordnance Factory Appendix B to Supplement No. 4 to Hyderabad Ordnance Factory Board Part 744 (Entity List)—Listed Baroda Heavy Water Production Facility, Tiruchchirappalli Ordnance Factory Subordinates of Listed Pakistani Baroda Organizations Beryllium Machining Facility, Mumbai Department of Space (DOS): Bhabha Atomic Research Center (BARC), Ammonium Perchlorate Experimental The subordinates listed in this appendix Trombay/Mumbai Plant, Alwaye are considered listed entities to the Entity

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List. Subordinates have the same license Space and Atmospheric Research Center, amendments streamline the reporting requirements and review policy as the Karachi process and substantially lessen the organizations they are identified under. The Static Test Unit, Karachi burden on persons reporting, as well as subordinates in this appendix are listed in Dated: March 14, 2000. the processing workload of the alphabetical order under the organization that they are identified with, which are also Iain S. Baird, Commission, without compromising the listed in alphabetical order. Deputy Assistant Secretary for Export integrity of the Commission’s large Administration. trader reporting system, its market Defence Science and Technology [FR Doc. 00–6653 Filed 3–14–00; 3:06 pm] surveillance activities or its oversight Organization (DESTO): BILLING CODE 3510±33±P responsibilities. Chaklala Defense Science and Technology Organization EFFECTIVE DATE: May 16, 2000. Daud Khel Chemical Plant, Lahore FOR FURTHER INFORMATION CONTACT: Karachi CBW & BW Warfare R&D COMMODITY FUTURES TRADING Lamont L. Reese, or Kimberly A. Laboratory COMMISSION Browning, Assistant Chief Counsel, Division of Economic Analysis, Three Pakistan Atomic Energy Commission 17 CFR Parts 15, 16 and 17 (PAEC): Lafayette Centre, 1155 21st Street, NW, Washington, D.C. 20581, telephone Atomic Energy Minerals Centre, Lahore RIN 3038±ZA10 Baghalchur Uranium Mine, Baghalchur (202) 418–5600, or electronically Center for Nuclear Studies, Islamabad (also Changes in Reporting Levels for Large [[email protected]] or PINSTECH) Trader Reports [[email protected]]. Chasma Fuel Fabrication Plant, Kundian AGENCY: SUPPLEMENTARY INFORMATION: Chasma Nuclear Power Plant Commodity Futures Trading (CHASNUPP), Kundian Commission. I. Background ACTION: Final Rulemaking. Computer and Development Division, The Commission has re-examined its KANUPP Institute of Nuclear Power Engineering (KINPOE) SUMMARY: The Commodity Futures rules regarding its large trader reporting Computer Training Center (also Trading Commission (Commission or system. The Commission’s large-trader PINSTECH), Islamabad CFTC) periodically reviews its large reporting system is an important Dera Ghazi Khan Uranium Mine, Dera trader reporting rules to ensure that the Commission oversight tool. These rules Ghazi Khan Commission is receiving adequate require FCMs to report to the Directorate of Technical Development information to carry out its market Commission position information of the Directorate of Technical Equipment surveillance programs. Based upon the largest futures and options traders and Directorate of Technical Procurement Commission’s most recent review of require the traders themselves to Hard Rock Division, Penshawar provide certain identifying information. Hawkes Bay Depot these rules the Commission is Heavy Water Production Plant, KANUPP, amending, as proposed, Parts 15, 16, Reporting levels are set in the Karachi and 17 of its rules, 17 CFR Parts 15, 16 designated futures and option markets Institute of Nuclear Power, Islamabad and 17. The final amendments to Part 15 under the authority of sections 4i and 4c Issa Khel/Kubul Kel Uranium Mines and raise the reporting levels at which of the Act to ensure that the Mills, Miniawali District futures commission merchants (FCMs), Commission receives adequate Karachi Nuclear Power Plant (KANUPP), clearing members, foreign brokers,1 and information to carry out its market Karachi traders must file large trader reports in surveillance programs. These market KANUPP Institute of Nuclear Power surveillance programs are designed to Engineering (KINPOE), Karachi certain commodities to reduce the Khushab Reactor, Khushab, Punjab number of required reports. The detect and to deter market congestion Mineral Sands Program, Karachi Commission is also deleting, as and price manipulation and to enforce Multan Heavy Water Production Facility, proposed, the requirement that where speculative position limits. They also Multan Division, Punjab an independent account controller provide information regarding the National Engineering Service of Pakistan, trades for a number of commodity pools, overall hedging and speculative use of, CHASMA Nuclear Power Plant the carrying firm must identify and foreign participation in, the futures (CHASNUPP), Kundian separately each such commodity pool. markets and other matters of public Science and Engineering Services interest. Generally, the firm carrying the Directorate In addition, the amendments delete, as Uranium Conversion Facility, Islamabad proposed, reporting Rule 17.01(c) under reportable trader’s position files large which a reporting firm was required to trader reports.2 Pakistan Institute for Nuclear Science and identify the number and name of other Technology (PINSTECH): 2 accounts that the trader controlled or Specifically, Parts 17 and 18 of the regulations require reports from firms and traders, respectively, New Laboratories, Rawalpindi owned that were not included in the Nuclear Track Detection Center when a trader holds a ‘‘reportable position.’’ A Parr-1 Research Reactor special account. reportable position is any open contract position that at the close of the market on any business day Parr-2 Research Reactor The Commission is also reorganizing, as proposed, the identifying information equals or exceeds the quantity specified in Pilot Reprocessing Plant, New Laboratories Commission Rule 15.03 in either: (1) Any one Solid State Nuclear Track Detection Center large traders report on CFTC Form 40 future of any commodity on any one contract ‘‘Statement of Reporting Trader’’ to Space and Upper Atmospheric Research market, excluding futures contracts against which obtain and present data more useful to notices of delivery have been stopped by a trader Commission (SUPARCO): the Commission’s market surveillance or issued by the clearing organization of a contract Aerospace Institute, Islamabad activities. In addition, the Commission market; or (2) Long or short put or call options that Computer Center, Karachi exercise into the same future of any commodity on Control System Laboratories is deleting the requirement under Part any one contract market. 17 CFR 15.00 and Part Flight Test Range, Sonmiani Beach 16, as proposed, that exchanges provide 150. The firms which carry accounts for traders weekly option large trader data directly holding ‘‘reportable positions’’ are required to Instrumentation Laboratories, Karachi identify those accounts by filing a CFTC Form 102, Material Research Division to the Commission. These final discussed infra, and to report all reportable Quality Control and Assurance Unit positions in the accounts to the Commission. The Rocket Bodies Manufacturing Unit 1 FCMs, clearing members and foreign brokers are individual trader who holds or controls the Solid Composite Propellant Unit referred to herein collectively as ‘‘firms.’’ reportable position, however, is required to report

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II. Proposed Rulemakings market surveillance programs.’’ 5 In ‘‘mindful of the paperwork burden addition, both CBT and CME expressed associated with these reporting A. Parts 15 and 17 (64 FR 5200) the same view that the exchanges, and requirements and reviews them with an Based upon the Commission’s re- not the Commission, should set eye to streamlining that burden to the examination of its large trader reporting reporting levels. These comments are extent compatible with its system rules, the Commission published discussed in greater detail below. responsibilities for rigorous surveillance a notice of proposed rulemaking of the futures and option markets.’’ Id. (proposed rulemaking) to amend Parts B. Part 16 (61 FR 37409) In this regard, the Commission 15 and 17 of its rules. 64 FR 5200 Separately, in May 1997, the explained that ‘‘its most recent review (February 3, 1999). Specifically, the Commission amended its reporting rules of reporting levels indicated that the Commission proposed to raise the to require that firms file option large size of trading volume, open interest, reporting levels in certain domestic trader reports with the Commission on and position of individual traders contracts. The Commission also a daily basis. 62 FR 24026 (May 2, would enable the Commission to raise proposed to modify reporting levels for 1997). Although as part of that [certain] reporting levels’’. Id.8 foreign currencies. In addition, the rulemaking, the Commission proposed The Commission also proposed Commission proposed to list the deleting the requirement under Part 16 modification of the reporting levels for reporting levels for the grains and that contract markets provide weekly foreign currencies. In particular, the soybeans in terms of contracts rather option large trader data directly to the Commission noted that ‘‘Commission than bushels. Commission,6 in issuing final rules, the Rule 15.03 does not distinguish among The Commission also proposed to Commission deferred taking that action foreign currencies, setting a uniform streamline the reporting process by until after all firms began to provide the standard for all. However, surveillance deleting those sections of § 17.01 required daily reports. The Commission of contracts on currencies of the major 3 requiring that ‘‘special account’’ data explained that it was in the process of economies requires fewer large trader reflected on CFTC Form 102s must reengineering its market surveillance reports than for contracts on the include specific information on software to accommodate the receipt currencies of the emerging markets.’’ Id. commodity pools and pool operators, as and processing of daily option large Accordingly, the Commission proposed well as ‘‘other account’’ data, described trade data, directly from the firms, and to amend Rule 15.03 to classify the infra, that § 17.01(c) required. In that collection of such information European currency unit (and its addition, the Commission proposed to successor, the Euro) and the currencies 4 could begin only after the Commission reorganize its Form 40, to present data had completed its software development of Japan, Germany, the UK, France, in a more useful manner. and had tested the software jointly with Italy, Canada, Australia, Switzerland, Two commenters, the Chicago Board the firms. The Commission further Sweden, Belgium, and the Netherlands of Trade (CBT) and the Chicago stated that since the process could be as ‘‘Major Foreign Currencies’’ and to Mercantile Exchange (CME), responded completed prior to the Commission’s raise the reporting level applicable to to the notice of proposed rulemaking. them to 400 from the then current level Both CBT and CME objected to the deletion of the requirement that exchanges report larger trader option of 200 contracts. majority of the proposed amendments. In addition, the Commission proposed In summary, these two exchanges information under Part 16, it ‘‘will take no enforcement action against an to lower the reporting level for all other similarly opined that through foreign currencies to 100 contracts in implementation of the proposed exchange for not providing weekly option large trader data upon a finding order to obtain needed information in amendments, the market surveillance surveilling these contracts. In addition, activities of self-regulatory organizations that firms are providing such data for contract markets on the exchange.’’ 7 would be compromised by ‘‘eliminating 8 Specifically, the Commission proposed to raise the collection of important market data III. Final Rules reporting levels as follows: (1) Lean Hogs from 50 that [the exchanges rely] upon * * * as to 100 contracts, (2) Rough Rice from 25 to 50 part of [their] rigorous financial and A. Reporting Levels contracts, (3) Goldman Sachs Commodity Index from 25 to 100 contracts, (4) Soybean Oil from 175 In the proposed rulemaking, the to 200 contracts, (5) Soybean Meal from 175 to 200 to the Commission only in response to a special Commission explained that it contracts, (6) 1-Month LIBOR from 100 to 300 call. ‘‘periodically reviews information contracts, (7) 30-Day Fed Funds from 100 to 300 3 Part 17 of the Commission’s regulations requires contracts, (8) 3-Month Eurodollars from 850 to 1000 that firms report to the Commission when an concerning trading volume, open contracts, (9) 3-Month Euroyen from 25 to 100 account first becomes reportable. When a trade first interest, and the number and position contracts, (10) 2-Year US Treasury Notes from 200 exceeds a reporting level, the firm labels the sizes of individual traders relative to the to 500 contracts, (11) 5-Year US Treasury Notes account a special account. The firm assigns a reporting levels for each market to from 300 to 800 contracts, (12) 10-Year US Treasury reporting number to the special account and reports Notes from 500 to 1000 contracts, (13) 30-Year US all information to the Commission using this determine if coverage of open interest is Treasury Bonds from 500 to 1000 contracts, (14) number. The firm must also file with the adequate for effective market Municipal Bond Index from 100 to 300 contracts, Commission Form 102. Commission Rule 17.01, 17 surveillance.’’ 64 FR 5201. The (15) Dow Jones Industrial Average Index from 25 to CFR 17.01. CFTC Form 102 identifies persons who Commission noted that in performing 100 contracts, (16) NASDAQ 100 Stock Index from have a financial interest in or trading control of a 25 to 100 contracts, (17) NIKKEI Stock Average special account, informs the Commission of the such periodic reviews, it is also from 50 to 100 contracts, (18) Russell 2000 Stock type of account that is being reported and gives Index from 25 to 100 contracts, (19) S&P 400 preliminary information whether positions and 5 See the CBT’s letter of April 5, 1999 to the Midcap Stock Index from 25 to 100 contracts, (20) transactions are commercial or noncommercial in Commission (CBT letter). S&P 500 Stock Index from 600 to 1000 contracts, nature. The CFTC Form 102 must also be updated 6 See, 61 FR 37409 (July 18, 1996) (Part 16 (21) Crude Oil from 300 to 350 contracts, (22) when information concerning financial interest in, proposed rulemaking). Natural Gas from 100 to 175 contracts, and (23) or control of, the special account changes. 17 CFR 7 62 FR 24032. The Commission delegated to the Sugar 11 from 300 to 400 contracts. 17.02. Director of the Division of Economic Analysis The Commission also proposed to delete Rule 4 Under Part 18 of the Commission’s regulations, (Division), the authority to make the required 15.03’s separate reference to ‘‘GNMA,’’ a contract traders who own or control reportable positions are findings and determination granting this no-action that is now currently dormant. See, 17 CFR 5.2(a). required to file a CFTC Form 40 on call by the relief to the exchanges. Id. For a complete The Commission explained that under this Commission or its delegee disclosing information discussion of the comments received in response to proposal, if trading in GNMAs were to be about the ownership or control of their futures and the Commission’s Part 16 proposed rulemaking, see reactivated, the reporting level would be 25 option positions. Id. contracts.

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The Commission retain the lower reporting levels requirements are duplicative of more explained that cross-rate contracts that currently set in its rules for certain complete information on account are composed of two major currencies commodities. ownership and control filed by the would also be considered to be a major Based upon thorough and careful traders themselves on CFTC Form 40, as currency. Finally, the Commission also consideration of the comments, as well required by Commission Rule 18.04.’’ proposed to list the reporting levels for as the Commission’s most recent review Id. the grains and soybeans in terms of of reporting levels, the Commission Both CBT and CME strongly contracts rather than bushels.9 The finds it appropriate to amend the disfavored the Commission’s proposals Commission estimated that: reporting levels in certain domestic to delete the information requirements [T]hese proposed amendments to adjust contracts, as well as modify reporting under 17.01(b)(3) and (c) as described reporting levels will decrease the number of levels for foreign currencies, as above. In particular, CBT and CME daily position reports (i.e., CFTC Series ’01 proposed. These changes will reduce similarly stated that they rely on this Reports and CFTC Form 102s) required to be both the Commission’s cost of collecting information to perform effective market filed by reporting firms by about 14 percent. surveillance data and the cost of data and financial surveillance. In addition, (The number of CFTC Form 40s required to filers. The exchanges may set their own both exchanges pointed out that while be filed by large traders will also decrease). reporting levels as they deem this information may be supplied in the However, the percent of total market open appropriate. The Commission is also interest reported through the large trader CFTC Form 40, the Form 40, unlike system would remain at the level deemed listing the reporting levels for the grains CFTC Form 102, is filed only with the sufficient for rigorous market surveillance and soybeans in terms of contracts Commission. Therefore, in removing the based upon the Commission’s administrative rather than bushels, as proposed.13 The information on commodity pools and experience. Commission is also deleting, as pool operators from the Form 102, the Id. at 5202. proposed, Rule 15.03’s separate exchanges must obtain this information Both CBT and CME strongly objected reference to ‘‘GNMA.’’ in some other manner. In this regard, to the Commission’s proposal to raise B. Final Amendments to Special CBT recommended that if the these reporting levels. Specifically, CME Account Information (CFTC Form 102) Commission implements the proposed opined that ‘‘given that contract markets changes to Form 102, it concurrently have primary responsibility for Previously, Commission Rule adopt procedures to provide the surveiling their markets, it is they, and 17.01(b)(3) required that a firm identify exchanges with copies of the Form 40 not the Commission, that are best on CFTC Form 102, each pool, the on a routine basis. In addition, CBT also equipped to determine what reporting pool’s account number and name, as questioned the necessity of the levels are adequate for effective well as the name and location of the proposed changes to Commission Rule surveillance.’’ 10 Similarly, CBT commodity pool for which the account 17.01(b)(3) and Form 102 given that recommended that ‘‘[i]nstead of raising controller trades. In addition, ‘‘the industry has been working on an the reportable levels for certain Commission Rule 17.01(c) required that electronic Form 102 to achieve the very contracts, we recommend that the a trader identify on a Form 102 the same objective cited by the Commission Commission consider deferring to the names and account numbers of all other of lessening the burden of reporting reportable levels adopted by the separate accounts that the reporting requirements.’’ 15 exchanges.’’ 11 In addition, both trader controls or in which the trader After careful consideration of the exchanges viewed the information has a ten percent or greater financial comments, the Commission has 14 generated through the prior reporting interest. (‘‘other accounts’’). determined to amend § 17.01 as levels as ‘‘necessary.’’ In this regard, In proposing the amendment of proposed. The Commission continues to CBT indicated that the information from § 17.01 by deleting these information believe that these amendments will large trader position reporting is requirements under 17.01(b)(3) and (c), reduce the reporting burden on the ‘‘extremely valuable’’ to their financial the Commission explained that this public and the processing workload of surveillance activities. Further, CME information is no longer needed for the the Commission. The Commission notes stated that it ‘‘does not intend to raise here, as it did in the proposed 12 its reporting levels to correspond to the See the CME letter at p. 2. rulemaking, that the: 13 As the Commission explained in the proposed proposed increases. [CME believes that rulemaking, it has been its ‘‘long-standing [D]eletion of these routine requirements will the Commission’s projected decrease in administrative practice to set reporting levels by not in any way affect the Commission’s daily position reports required to be commodity and not by individual contract market.’’ authority to obtain complete account filed by reporting firms will not occur, 64 FR 5202. Consistent with this practice, although information from either or both the firm and contracts on the MidAmerica Commodity Exchange the individual trader in those individual are smaller in size than those traded on other 9 As explained in the proposed rulemaking, exchange, the Commission is not adjusting the cases where additional information is ‘‘prior to January 1998, it was industry practice to reporting level for MACE contracts to compensate necessary to the Commission’s conduct of express open interest and volume data, as well as for the smaller bushel-size of its contracts. market surveillance or to the enforcement of required position reports, for the grain and soybean Therefore, a MACE trader’s reporting level will be its rules. Nor does it affect the manner in futures contracts, in terms of thousands of bushels. set at a lower absolute number of bushels which accounts are aggregated for calculation Beginning in 1998, however, industry practice for underlying a reportable position on the exchanges of compliance with speculative position the grains and soybean contracts changed to express that trade larger-size contracts. limits and for other compliance purposes data for these contracts in contract units, which is 14 For example, when an individual shares consistent with the data for all other futures and control of and has a financial interest in an account 64 FR 5202. option contracts.’’ Id. Accordingly, the Commssion with one or more persons, and that individual also In amending § 17.01 as proposed, the proposed to conform its reporting levels to this has his or her own account that he or she solely Commission noted the CBT’s and the practice. controls, these accounts would not be reported as 10 See the letter of April 14, 1999 from CME to a single account for special account/Form 102 CME’s respective concerns over their the Commission (CME letter) at p. 2. reporting purposes. See, Commission Rule 11 See the CBT letter at p. 2. 17.00(b)(ii). 15 See the CBT letter at p.3.

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BILLING CODE 6351±01±C

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IV. Related Matters The Commission did not receive 17 CFR Part 16 comments addressing this specific A. The Regulatory Flexibility Act associated paperwork burden. The Commodity futures, Reporting and The Regulatory Flexibility Act (RFA), Commission did receive and address, recordkeeping requirements. 5 U.S.C. 601 et seq., requires that however, comments concerning the 17 CFR Part 17 agencies consider the impact of their information that would be collected rules on small businesses. The under the proposed rules. Brokers, Commodity futures, Commission has previously determined OMB previously approved the Reporting and recordkeeping that large traders and FCMs are not collection of information related to requirements. ‘‘small entities’’ for purposes of the these rules as information collection In consideration of the foregoing, and RFA. 47 FR 18618–18621 (April 30, (3038–0009), Large Trader Reports. The pursuant to the authority contained in 1982). The final amendments to final rules the Commission adopted, the Act, and, in particular, sections 4g, reporting requirements fall mainly upon which have been submitted to OMB for 4i, 5 and 8a of the Act, 7 U.S.C. 6g, 6i, FCMs. Similarly, foreign brokers and approval, have the following paperwork 7 and 12a (1994), the Commission foreign traders report only if carrying or burden: hereby amends Parts 15, 16 and 17 of holding reportable, i.e., large positions. Number of respondents: 5,391. Chapter I of Title 17 of the Code of In addition, these final amendments Estimated average hours per response: Federal Regulations as follows: relieve a regulatory burden. .35. Accordingly, the Chairman, on behalf of Frequency of response: daily. PART 15ÐREPORTSÐGENERAL the Commission, hereby certifies, Number of responses per year: 70,940. PROVISIONS pursuant to 5 U.S.C. 605(b), that the Annual reporting burden: 24,829. action taken herein will not have a This represents a reduction of 1,426 1. The authority citation for part 15 significant economic impact on a burden hours as a result of the rule continues to read as follows: substantial number of small entities. changes adopted to increase the Authority: 7 U.S.C. 2, 4, 5, 6a, 6c, (a)-(d), B. Paperwork Reduction Act reporting levels. Persons wishing to 6f, 6g, 6i, 6k, 6m, 6n, 7, 9, 12a, 19 and 21; comment on the paperwork burden 5 U.S.C. 552 and 552(b). Commission Rule 15.03 affects the contained in the final rules may contact collection requirements of Part 17 and 2. § 15.03 is revised to read as follows: the Desk Officer, CFTC, Office of Part 18 rules. Former Commission Rules § 15.03 Reporting Levels. 16.02 and 16.03 contained information Management and Budget, Room 10202, collection requirements. Commission NEOB, Washington, DC 20503, (202) (a) Definitions. For purposes of this Rule 17.01 contains information 395–7340. Copies of the information section, the term major foreign currency collection requirements. As the collection submission to OMB are means the currencies and cross-rates Paperwork Reduction Act of 1995 (Pub. available from the CFTC Clearance between the currencies of Japan, L. 104–13 (May 13, 1996)) requires, the Officer, 1155 21st Street, NW, Germany, the U.K., France, Italy, Commission submitted a copy of these Washington, DC 20581, (202) 418–5160. Canada, Australia, Switzerland, rules and the associated paperwork List of Subjects Sweden, Belgium, the Netherlands and burden to the Office of Management and the Euro. Budget (OMB) for its review (44 U.S.C. 17 CFR Part 15 (b) The quantities for the purpose of 3504(h)) and requested comments on Brokers, Reporting and recordkeeping reports filed under Parts 17 and 18 of the paperwork burden from the public. requirements. this chapter are as follows:

Number of Commodity contracts

Agricultural: Wheat ...... 100 Corn ...... 150 Oats ...... 60 Soybeans ...... 100 Soybean Oil ...... 200 Soybean Meal ...... 200 Cotton ...... 50 Frozen Concentrated Orange Juice ...... 50 Rough Rice ...... 50 Live Cattle ...... 100 Feeder Cattle ...... 50 Lean Hogs ...... 100 Sugar No. 11 ...... 400 Sugar No. 14 ...... 100 Cocoa ...... 100 Coffee ...... 50 Natural Resources: Copper ...... 100 Gold ...... 200 Silver Bullion ...... 150 Platinum ...... 50 No. 2 Heating Oil ...... 250 Crude Oil, Sweet ...... 350 Unleaded Gasoline ...... 150 Natural Gas ...... 175

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Number of Commodity contracts

Financial: Municipal Bond Index ...... 300 3-month (13±Week) U.S. Treasury Bills ...... 150 30±Year U.S. Treasury Bonds ...... 1,000 10±Year U.S. Treasury Notes ...... 1,000 5±Year U.S. Treasury Notes ...... 800 2±Year U.S. Treasury Notes ...... 500 3±Month Eurodollar Time Deposit Rates ...... 1,000 30±Day Fed Funds ...... 300 1-month LIBOR Rates ...... 300 3-month Euroyen ...... 100 Major-Foreign Currencies ...... 400 Other Foreign Currencies ...... 100 U.S. Dollar Index ...... 50 S&P 500 Stock Price Index ...... 1,000 E-Mini S&P Stock Price Index ...... 300 S&P 400 Midcap Stock Index ...... 100 Dow Jones Industrial Average Index ...... 100 New York Stock Exchange Composite Index ...... 50 Amex Major Market Index, Maxi ...... 100 NASDAQ 100 Stock Index ...... 100 Russell 2000 Stock Index ...... 100 Value Line Average Index ...... 50 NIKKEI Stock Index ...... 100 Goldman Sachs Commodity Index ...... 100 All Other Commodities ...... 25

PART 16ÐREPORTS BY CONTRACT Issued in Washington, D.C., this 8th day of FOR FURTHER INFORMATION CONTACT: MARKETS March 2000 by the Commission. Marguerite P. Dadabo, Senior Attorney, Jean A. Webb, (312) 751–4945, TDD (312) 751–4701. 3. The authority citation for Part 16 Secretary of the Commission. SUPPLEMENTARY INFORMATION: The continues to read as follows: [FR Doc. 00–6345 Filed 3–16–00; 8:45 am] Railroad Retirement Act provides for Authority: 7 U.S.C. 6a, 6c, 6g, 6i, 7 and BILLING CODE 6351±01±P disability annuities for employees, 12a. widow(er)s, and children of deceased 4. Sections 16.02 and 16.03 are railroad employees who are unable to removed and reserved. RAILROAD RETIREMENT BOARD engage in any regular employment because of a permanent physical or PART 17ÐREPORTS BY FUTURES 20 CFR Part 220 mental impairment. Regular COMMISSION MERCHANTS, employment is defined by reference to MEMBERS OF CONTRACT MARKETS RIN 3220±AB41 the definition of substantial gainful AND FOREIGN BROKERS Determining Disability activity under the Social Security Act. Sections 220.141 and 220.142 of the 5. The authority citation for part 17 AGENCY: Railroad Retirement Board. Board’s regulations reflect this continues to read as follows: ACTION: Final rule. definition and define ‘‘substantial Authority: 7 U.S.C. 6a, 6c, 6d, 6f, 6g, 6i, gainful activity’’ (SGA) as work activity 7 and 12a unless otherwise noted. SUMMARY: The Railroad Retirement that involves doing significant physical Board (Board) amends its regulations to or mental activities for pay or profit. 6. § 17.01 is amended by removing increase from $500 to $700 the average Work activity is gainful if it is the kind and reserving paragraphs (b)(3)(ii) and monthly earnings guidelines used to of work usually done for pay or profit, (c) and by revising paragraph (b)(3)(iii) determine whether work done by an whether or not a profit is realized. to read as follows: individual may be considered regular Section 220.143 sets forth earnings § 17.01 Special account designation and employment. This change coincides levels at which the Board considers a identification. with an increase in the guidelines disabled person to be engaged in SGA * * * * * contained in the regulations of the regardless of the severity of his or her Social Security Administration for (b) * * * impairment. The amount of average determining substantial gainful activity monthly earnings that ordinarily (3) * * * that became effective July 1, 1999. demonstrates SGA for people with an (ii) [Reserved]. DATES: Effective Date: This rule is impairment has not been increased (iii) If fewer than ten accounts are effective March 17, 2000. since January 1, 1990. Consequently, under control of the independent Applicability Date: This rule will be with respect to months after June 1999 advisor, for each account the account applied to all disability claims for the Board raises from $500 to $700 the number and the name and location of which a final decision had not been average monthly earnings guidelines each person having a ten percent or rendered as of July 1, 1999. used to determine whether work done more financial interest in the account; ADDRESSES: Comments may be made to by a person with a disability is and the Secretary to the Board, Railroad substantial gainful activity. The Board (c) [Reserved]. Retirement Board, 844 North Rush has determined that an increase in the * * * * * Street, Chicago, Illinois 60611. amount of earnings that constitutes SGA

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This applicable statutory provisions, is been approved by the Office of increase also conforms to changes in the revised to provide a plain language Management and Budget under control regulations of the Social Security introduction that explains the purpose numbers 3220–0049 and 3220-0022. Administration which became effective of part 322. List of Subjects in 20 CFR Part 322 July 1, 1999 (64 FR 18566, April 15, The general definition of 1999; a correction appears at 64 FR ‘‘remuneration’’ set forth in § 322.2 is Railroad employees, Railroad 22903, April 28, 1999). revised by expanding the definition to unemployment benefits, Reporting and The Board published this rule as an cover two statutory exceptions to the record keeping requirements. interim final rule on November 18, 1999 definition, subsidiary remuneration and For the reasons set out in the (64 FR 62976) and invited comments by supplemental unemployment or preamble, the Railroad Retirement July 18, 2000. No comments were sickness benefits. Board amends title 20, chapter II, part Section 322.3(b) is amended by received. Accordingly, the interim final 322 of the Code of Federal Regulations explaining that although rule is adopted as a final rule without as follows: change. ‘‘remuneration’’ does not accrue for days that are termed ‘‘layover’’ days, Dated: March 8, 2000. PART 322ÐREMUNERATION such days are not compensable ‘‘days of By Authority of the Board. unemployment’’. Also, a new paragraph 1. The authority citation for part 322 Beatrice Ezerski, (d) is added to explain the rules that is revised to read as follows: Secretary to the Board. would apply to a fully employed Authority: 45 U.S.C. 362(l). [FR Doc. 00–6594 Filed 3–16–00; 8:45 am] employee who has additional days off BILLING CODE 7905±01±P from work by reason of a compressed or 2. Section 322.1 is revised to read as flexible work schedule. follows: Paragraph (a) of § 322.4 is revised by § 322.1 Introduction. RAILROAD RETIREMENT BOARD indicating that the Board will seek information from the employee’s base The Railroad Unemployment 20 CFR Part 322 year employer on whether remuneration Insurance Act provides benefits for a RIN 3220±AB38 is payable for days claimed. qualified employee’s days of Section 322.5 is amended to remove unemployment or days of sickness, as Remuneration a reference to an obsolete regulation. defined in section 1(k) of the Act. Under Paragraph (a) of § 322.6 is revised by that section, no day can be a day of AGENCY: Railroad Retirement Board. indicating that payments made to an unemployment or a day of sickness for ACTION: Final rule. employee with respect to personal any employee if ‘‘remuneration’’ is payable or accrues to the employee for SUMMARY: The Railroad Retirement injury are considered remuneration such day. In computing the amount of Board (Board) amends its regulations unless allocated to other ‘‘damages’’. benefits payable to an employee for days defining remuneration and how that Section 322.7 is revised to conform of unemployment or days of sickness in term is applied to claims for benefits with the practices of the railroad any registration period, or in under the Railroad Unemployment industry that coordination and determining whether the employee has Insurance Act (RUIA) to reflect changes dismissal allowances, separation, and satisfied the waiting period in that statute and to reflect severance payments are remuneration, requirement, the Board will not count administrative rulings not readily even when paid other than through a any day with respect to which available to the public. collective bargaining agreement, and remuneration is payable or accrues to EFFECTIVE DATE: even when paid as the result of an This rule will be the employee. Section 322.2 defines the effective April 17, 2000. involuntary dismissal or separation. Section 322.8 is amended to update term ‘‘remuneration’’ and explains what ADDRESSES: Secretary to the Board, the amount of earnings by a local lodge types of payments to employees Railroad Retirement Board, 844 North official that may be regarded as constitute remuneration. Rush Street, Chicago, Illinois 60611. subsidiary remuneration. This 3. Section 322.2 is revised to read as FOR FURTHER INFORMATION CONTACT: amendment is necessary because of a follows: Marguerite P. Dadabo, Senior Attorney, statutory change that increased to $15 Railroad Retirement Board, (312) 751– per day the amount of an employee’s § 322.2 General definition of remuneration. 4945, FAX (312) 751–7102, TDD (312) earnings that comes within the (a) Remuneration. (1) Remuneration 751–4701. definition of subsidiary remuneration. includes pay for services for hire, pay SUPPLEMENTARY INFORMATION: As Finally, a new § 322.9 is added to for time lost as defined in § 322.6, and administrator of the RUIA, the Railroad explain the term ‘‘subsidiary other earned income payable or Retirement Board pays benefits to remuneration’’. Such remuneration does accruing with respect to any day. qualified railroad employees for their not prevent payment of benefits, except Income is ‘‘earned’’ if it is payable or days of unemployment or days of as explained in § 322.9. accrues in consideration of services and sickness, as defined in section 1(k) of The Board published this rule as a if such services were in turn rendered the Act. Benefits are not payable for any proposed rule on November 16, 1999 in consideration of the income payable day if ‘‘remuneration’’, as defined in (64 FR 62135), and invited comments by or accruing. section 1(j) of the RUIA, is payable or January 18, 2000. No comments were (2) Remuneration includes income in accrues to the employee for such day. received. the form of a commodity, service, or Part 322 defines the term The Board, with the concurrence of privilege if, before the performance of ‘‘remuneration’’ and explains how the OMB, has determined that this is not a the service for which it is payment, the

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An employee who is paid a of such commodity, service, or year employer reports that he or she separation allowance, whether in a privilege. worked on days claimed or received lump sum or in installments, is (3) Remuneration for a working day payments that constitute remuneration disqualified by section 4(a–1)(iii) of the that includes a part of two consecutive as defined in this part, or unless there Railroad Unemployment Insurance Act calendar days is deemed to have been is other conflicting evidence. from receiving unemployment or earned on the first of such two days. * * * * * sickness benefits for the period of time (b) Subsidiary remuneration. For the approximating the length of time it purpose of this part, remuneration does § 322.5 [Amended] would have taken the employee to earn, not include subsidiary remuneration, as 6. Amend § 322.5(c)(2) by removing at his or her ‘‘straight’’ time rate of pay, defined in § 322.9. Subsidiary ‘‘in accordance with § 222.3(h) of this the amount of the separation allowance remuneration for any day does not chapter’’. if he or she had continued working in prevent such day from being a day of 7. In § 322.6, revise paragraph (a) to the job from which he or she separated. unemployment or a day of sickness, read as follows: except as explained in § 322.9. § 322.8 [Amended] (c) Supplemental unemployment or § 322.6 Pay for time lost. 9. In § 322.8(e) remove the phrase sickness benefits. The term (a) Definition. The term ‘‘pay for time ‘‘three dollars’’ and add in its place remuneration does not include money lost’’ means any payment made to an ‘‘$15’’. payments received by an employee employee with respect to an identifiable 10. Add new § 322.9 to read as pursuant to any nongovernmental plan period of time during which the follows: for unemployment or sickness employee was absent from the active insurance, as defined in part 323 of this service of the person or company § 322.9 Subsidiary remuneration. chapter. Employer payments of sick pay making the payment, including absence (a) Definition.The term ‘‘subsidiary to an employee are remuneration, on account of personal injury. The remuneration’’ means remuneration not except when payment is made pursuant entire amount paid to an employee who in excess of an average of $15 per day to a nongovernmental plan for sickness was absent on account of personal for the period with respect to which it insurance. injury is pay for time lost if such is payable or accrues, if 4. In § 322.3, revise paragraph (b), and amount includes pay for time lost, (1) The work from which the add a new paragraph (d) to read as unless at the time of payment the remuneration derives requires follows: parties, by agreement, specify a different substantially less than full time as amount as the amount of the pay for determined by generally prevailing § 322.3 Determining the days with respect time lost and the period of time covered standards; and to which remuneration is payable or by such pay. The amount allocated to (2) The work is susceptible of accrues. time lost is remuneration for every day performance at such times and under * * * * * in the period of time lost. The amount such circumstances as not to be (b) Layover days. Remuneration shall of a payment for personal injury that is inconsistent with the holding of normal not be regarded as payable or accruing apportioned to factors other than time full-time employment in another to an employee with respect to his or lost is, nevertheless, a portion of occupation. her ‘‘layover’’ days between regular ‘‘damages’’ for the purposes of part 341 (b) Exception.If a claimant’s assignments in train and engine service of this chapter. remuneration is ‘‘compensation’’ as solely because they are termed * * * * * defined in part 302 of this chapter, such ‘‘layover’’ days. But no such ‘‘layover’’ 8. Revise § 322.7 to read as follows: remuneration is not subsidiary unless day may be considered as a day of the claimant had base year unemployment or sickness. See § 332.6 § 322.7 Dismissal, coordination, and compensation from a different position of this chapter. separation allowances. or occupation of not less than two and * * * * * (a) Coordination or dismissal one-half times the monthly (d) Equivalent of full-time work. An allowance. Coordination or dismissal compensation base for months in the employee who works fewer than five allowances are payments made to an base year in which he or she received days each week under a compressed employee who has been furloughed for the remuneration. Compensation in work schedule that provides the a specified period of time during which excess of an average of $15 per day is equivalent of full-time employment he or she continues in an employment remuneration for the days for which it does not earn remuneration with respect relationship and remains subject to call. is payable or accrues. to his or her additional rest days Such pay is remuneration with respect (c) Period for which remuneration is resulting from such work schedule, but to each day in the month or other period payable or accrues. The ‘‘period’’ of such employee will not be considered to for which it is payable. The employer time used in determining whether be available for work on such rest days. shall be held liable to the Board for any remuneration averages more than $15 See § 327.10(d) of this chapter. benefits paid to the employee and found per day depends on the terms and 5. In § 322.4, revise paragraph (a) to recoverable under section 2(f) of the conditions of the employment and the read as follows: Railroad Unemployment Insurance Act rate of payment for the work. If the by reason of the payment of any such claimant is paid a monthly salary, the § 322.4 Consideration of evidence. allowances or other pay for the same ‘‘month’’ is the period with respect to (a) Initial proof. A claimant’s days for which the Board paid benefits. which the pay must average not more certification that he or she did not work (b) Separation allowance. A than $15 per day. The average is the on any day claimed and did not receive separation allowance or severance monthly salary divided by 30. If the income such as vacation pay or pay for payment made to an employee who claimant is paid a weekly salary, the time lost for any such day shall voluntarily or involuntarily terminates amount of the salary is divided by

VerDate 132000 10:15 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM pfrm04 PsN: 17MRR1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Rules and Regulations 14461 seven. If the claimant is paid by the earnings of $15 per day were subsidiary tribe has prepared a Tribal Revenue hour or the day, the ‘‘period’’ is the day. remuneration. Allocation Plan which is approved by Where payment is made by the hour or (3) While unemployed from her the Secretary. On December 21, 1992, the day, the pay is not added up and railroad job, a claimant took a job as a the Assistant Secretary—Indian Affairs then averaged out over the week or the school bus driver. She worked from 7 (AS–IA) issued Guidelines to Govern month. For example, earnings of $20 on a.m. to 9 a.m., and 2:30 p.m. to 5:30 the Review and Approval of Tribal one day and $10 on another day do not p.m. Her regular railroad job was a Revenue Allocation Plans. As outlined average out to $15 per day so as to daytime job from 8 a.m. to 4:30 p.m. Her in IGRA, the Guidelines require that the permit both days to be considered as pay as a school bus driver was not Indian tribe must dedicate a significant days of unemployment or days of subsidiary remuneration because the job share (or portion) of net gaming sickness. was not compatible with the holding of revenues for economic development and (d) Substantially less than full time. full time work in her regular railroad governmental purposes, that the The phrase ‘‘substantially less than full occupation. interests of minors and other legally time’’ means employment of not more Dated: March 8, 2000. incompetent persons entitled to receive than four hours per day. By Authority of the Board. per capita payments must be protected and preserved, and that per capita (e) Compatibility with full time Beatrice Ezerski, employment. Work is considered to be payments are subject to Federal income Secretary to the Board. susceptible of performance at such taxes. The AS–IA does not mandate the times and under such circumstances as [FR Doc. 00–6593 Filed 3–16–00; 8:45 am] distribution of net gaming revenues to not to be inconsistent with the holding BILLING CODE 7905±01±P individual tribal members. However, it of normal full-time employment in is essential that Indian tribes choosing another position or occupation if it is a to make per capita payments comply form of secondary employment that a DEPARTMENT OF THE INTERIOR with the requirements of IGRA. The claimant has done or could do at his or proposed rule was published on June 7, her own convenience while performing Bureau of Indian Affairs 1996 (61 FR 29044). A notice to extend the duties of his or her railroad job. the comment period was published on (f) Determinations. The Board shall 25 CFR Part 290 March 7, 1997 (62 FR 5588). Comments make a determination whether RIN 1076±AD74 received during the comment period remuneration is subsidiary by applying ending August 6, 1996, and March 24, the standards in this section to the facts Tribal Revenue Allocation Plans 1997, were considered in the drafting of of each case. Earnings that average more this final rule. AGENCY: Bureau of Indian Affairs, than $15 per day are not subsidiary Review of Public Comments remuneration under any circumstances. Interior. Also, earnings of any amount that are ACTION: Final rule. Fifty-three comments were submitted included in a claimant’s qualifying base in response to the June 7, 1996, Federal SUMMARY: The Bureau of Indian Affairs year compensation are not subsidiary Register publication of the proposed (BIA) is establishing regulations to remuneration. Even if earnings do not rule, 25 CFR 290, and the March 7, implement Section 11(b)(3) of the exceed an average of $15 per day, they 1997, Federal Register publication to Indian Gaming Regulatory Act (IGRA). may still not be subsidiary remuneration extend the comment period. This rule establishes procedures for the if the claimant worked more than four submission, review, and approval of Section 290.1 Purpose hours per day or if the work had to be tribal revenue allocation plans for the No comments were received on this performed at such times and under such distribution of net gaming revenues section. circumstances as to be inconsistent with from tribal gaming activities. the holding of normal full-time work in Section 290.2 Definitions—Governing his or her regular railroad work. If the EFFECTIVE DATE: These regulations take Document effect on April 17, 2000. evidence does not establish that the One comment recommended adding a FOR FURTHER INFORMATION CONTACT: earnings are subsidiary remuneration, definition for the term ‘‘governing Nancy Pierskalla, Management Analyst, the question whether they are document.’’ remuneration for particular days will Office of Indian Gaming Management, at Response: This comment was not then be considered. 202–219–4066. adopted. Some tribes do not have (g) Examples. The following examples SUPPLEMENTARY INFORMATION: The IGRA, constitutions or other written governing illustrate this section. 25 U.S.C. § 2701 et seq., was signed into documents. Some tribes which do have (1) A claimant receives a salary of law on October 17, 1988. Pursuant to written governing documents have also $350 per month for serving as secretary- Section 11(b)(3)(B), 25 U.S.C. developed substantial bodies of tribal treasurer of the local lodge of his union. 2710(b)(3)(B), of IGRA, the Secretary of law interpreting those documents. He performs a variety of duties at his the Interior (Secretary) is charged with Accordingly, we have substituted the own convenience while holding down a the review and approval of tribal phrase ‘‘applicable tribal law’’ as a more full-time railroad job in his craft. The revenue allocation plans relating to the inclusive term than the phrase average payment per day is not more distribution of net gaming revenues ‘‘governing document’’ in the definition than $15 and is, therefore, subsidiary from a tribal gaming activity. These of ‘‘Member of an Indian tribe’’ and remuneration. regulations establish a method for the elsewhere. It was unnecessary, (2) A claimant worked three hours per submission, review and approval of therefore, to define the term ‘‘governing day, at $5 per hour, in the family tribal revenue allocation plans. document.’’ insurance business. He was marked up The IGRA provides that net gaming for work as an extra board trainman and revenues from class II and class III Section 290.2 Definitions—Legal worked whenever he was called. When gaming may be distributed in the form Incompetent called, he skipped work in the family of per capita payments to members of One comment suggested that the insurance business. His insurance the Indian tribe provided the Indian definition of the term ‘‘legal

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Response: This comment was not rule permit Indian tribes who are not adopted but the definition is amended Section 290.2 Definitions—Per Capita subject to IGRA to adopt tribal revenue to add ‘‘or as established by the tribe’’ Several comments recommended that allocation plans subject to review and following tribal justice systems, to allow the definition of the term ‘‘per capita’’ approval by the Secretary, and the tribe to determine whether an include or be distinguished from other regardless of IGRA requirements, permit individual is in need of a supervised payments made to individuals under Indian tribes with gaming revenues to account. special tribal programs from net gaming adopt a tribal revenue allocation plan in Another comment suggested that revenues. accordance with any applicable ‘‘legal incompetent’’ be defined as an Response: This recommendation was regulation, subject to the review and individual beneficiary eligible to adopted and the definition is amended approval of the Secretary. participate in a per capita benefit to clarify other payments set aside by Response: This comment was not program. the tribe for special purposes or adopted. Unless specifically exempted Response: This comment was not programs. from IGRA by Congress, any tribe is adopted. We believe it is inconsistent Another comment suggested that the subject to IGRA, 25 U.S.C. 2703(5), with IGRA. The IGRA refers to term ‘‘per capita’’ be defined as a benefit 2710(b)(1) if it is: payments from net gaming revenues as paid or to be paid in the future to all per capita payments, 25 U.S.C. members of the tribe. (1) Recognized by the Secretary as § 2710(b)(3), not payments ‘‘in a per Response: This comment was not eligible for the special programs and capita benefit program.’’ adopted because IGRA refers to services provided by the United States payments from net gaming revenues as to Indians because of their status as Section 290.2 Definitions—Member of per capita payments, 25 U.S.C. an Indian Tribe Indians; and 2710(b)(3), and not as ‘‘per capita One comment supported the proposed (2) Recognized as possessing powers benefits.’’ The definition of the term is of self-government. definition. modified to ‘‘Per Capita Payment’’ for One comment objected to the use of clarification purposes, and amended to Section 290.6 Who Must Submit a ‘‘consistently maintained’’ because the reflect that the term ‘‘payment’’ includes Tribal Revenue Allocation Plan? usage was subject to Federal review of money or other thing of value. who is an Indian. This section, formerly § 290.5 was Another comment suggested that this Section 290.3 Information Collection renumbered due to the addition of definition was not sufficient since it This section is added as a requirement § 290.3. may include individuals who are not under the Paperwork Reduction Act of No comments were received on this enrolled in the tribe. 1995, 44 U.S.C. 3507(d). The section. Several comments stated that the information collection requirements definition needs to be changed because contained in 290.12, 290.17, 290.24 and Section 290.7 Must An Indian Tribe it is too broad, invites argument, 290.26 have been approved by the OMB Have a Tribal Revenue Allocation Plan conflict, and potential litigation because and assigned clearance number 1076– If It Is Not Making Per Capita Payments? it will entangle BIA in membership 0152, expiration date March 31, 2000. determinations. This section, formerly § 290.6 was Response: BIA agrees with the Section 290.4 What is a Tribal renumbered due to the addition of comments that membership Revenue Allocation Plan? § 290.3. determinations are internal tribal No comments were received on this No comments were received on this matters that should be decided by the section. section. tribe. Under § 290.23, if there are disputes arising from tribal Section 290.5 Who Approves Tribal Section 290.8 Do Indian Tribes Have determinations of who is a member Revenue Allocation Plans? to Make Per Capita Payments From Net eligible to receive per capita payments Section 290.5, formerly § 290.3, is Gaming Revenues to Tribal Members? from net gaming revenues, such renumbered and amended to clarify disputes should be resolved in tribal who will review and approve tribal This section, formerly § 290.7 was forums. The revision is based on a revenue allocation plans. renumbered due to the addition of presumption that there will always be One comment recommended that § 290.3. requirements for membership, whether Indian tribes should not be required to No comments were received on this in a constitution, ordinance, resolution, seek Federal approval for the allocation section. court decision, custom and tradition or of tribal dollars because such approval some combination thereof. Together, to is insulting, paternalistic and Section 290.9 How May an Indian whatever degree they exist for a diminishes tribal sovereignty. Tribe Use Net Gaming Revenues If It particular tribe, these sources of law Another comment requested that Does Not Have an Approved Tribal will form the ‘‘applicable tribal law’’ for small one time payments, i.e. $100– Revenue Allocation Plan? that tribe. The revision breaks the $500, be excluded from the submission, definition into two paragraphs based review and approval of a tribal revenue This section formerly § 290.8 was upon whether a particular tribe allocation plan. renumbered due to the addition of maintains a tribal roll. Paragraph (1), in Response: These comments were not § 290.3. effect, requires that a person be listed on adopted. Congress has mandated that No comments were received on this the tribal rolls if rolls are kept, and tribes submit and receive approval of section.

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Section 290.10 Is an Indian Tribe in of the net gaming revenues be used for guardian and the parent or legal Violation of IGRA If It Makes Per Capita per capita payments and recommended guardian fails to use the funds for the Payments to Members From Net Gaming reconsideration or elimination of the minor or legal incompetent. Has the Revenues Without an Approved Tribal section. tribe met its obligation to protect and Revenue Allocation Plan? Response: This recommendation was preserve the shares allocated to minors Section 290.10 combines former adopted. Each tribal revenue allocation and legal incompetents? (2) Precautions §§ 290.9 and 290.24 to address the plan will be reviewed by the that a tribe may take to protect and consequences of making per capita appropriate Bureau official (ABO) on a preserve the shares allocated to minors payments without an approved tribal case-by-case basis to ensure compliance and legal incompetents? (3) revenue allocation plan. with IGRA and 25 CFR part 290. Circumstances under which a tribe One comment requested that the rule Paragraph (b)(1) is revised due to the should refuse to disperse funds to the identify the ramifications for non- deletion of § 290.11 (b)(1) of the parent or legal guardian of a minor or compliance and the procedures that the proposed rule. legal incompetent? One comment suggested that this Department of Justice (DOJ) would use One comment recommended that section, in addition to funding tribal to enforce the rule. §§ 290.11(b)(4) and 290.15 be cross Response: This comment was not government operations or programs and referenced because they appear to adopted because enforcement promoting tribal economic require a separate plan for the procedures have not been discussed development, mandates that the tribe disbursement of minors’ and legal with DOJ, 25 U.S.C. 2716(c). The DOJ must also provide for the general incompetents’ per capita payments to and the National Indian Gaming welfare of the Indian tribe and its the parents or legal guardians of such Commission (NIGC) pursuant to 25 members; to donate to charitable minors or legal incompetents. U.S.C. 2713 (b)(1), 25 U.S.C. 2710 organizations or to help fund operations One comment suggested this section (d)(1)(A)(ii), and 25 U.S.C. 2710 of local government agencies. was open ended and needed more (b)(3)(A)–(D), have authority to enforce Another comment recommended that specific information as to whether the per capita requirements of IGRA. the term ‘‘significant’’ be defined. guidance is directed to the field or the Response: These comments have been public. 290.11 May an Indian Tribe Distribute adopted in part to require the tribe to Response: These comments were Per Capita Payments From Net Gaming reserve an adequate portion of net adopted and the new revised paragraph Revenues Derived from Either Class II or gaming revenues for one or more of the (b)(3) includes these requirements. Class III Gaming Without a Tribal purposes set forth in the IGRA, 25 Paragraph (b)(4) formerly § 290.11 Revenue Allocation Plan? U.S.C. 2710 (b)(2)(B). (b)(5) is renumbered due to the deletion This section, formerly § 290.10, was Paragraph (b)(2) formerly paragraph of paragraph (b)(1). renumbered due to the addition of § 290.11 (b)(3) is revised due to the No comments were received on this § 290.3. deletion of § 290.11(b)(1) of the paragraph. No comments were received on this proposed rule. Paragraph (b)(5) formerly § 290.11 section. One comment suggested that this (b)(6) is renumbered due to the deletion section was open ended and needed to of paragraph (b)(1). Section 290.12 What Information Must outline specific requirements the One comment asked whether existing the Tribal Revenue Allocation Plan Secretary must review as required by tribal systems fulfill the requirement for Contain? IGRA. a forum or process for the resolution of This section, formerly § 290.11, was This comment was adopted to require discrepancy in expenditure of net renumbered due to the addition of detailed information to allow the ABO gaming revenues or disputes regarding § 290.3. to determine compliance with this per capita payments. One comment questioned the need for section and IGRA. Response: This comment was not this section, but after review agreed that Paragraph (b)(3) combines former adopted but is amended to read: ‘‘and the section merely stated what must be §§ 290.11(b)(4) and 290.15 because they must utilize or establish a tribal court in the plan and that other sections refer to the disbursement of minors’ and system, forum or administrative process discussed the topics in more detail. legal incompetents’ per capita payments for resolution of disputes’’ following Paragraph (a) requires that tribes to the parents or legal guardians of such eligibility requirements. prepare a tribal revenue allocation plan minors or legal incompetents. Section 290.13 Under What Conditions that includes a percentage breakdown of Several comments questioned why a May an Indian Tribe Distribute Per the uses to which net gaming revenues minor’s or legal incompetent’s shares Capita Payments? will be allocated. The percentage must be made available to his/her breakdown must total 100 percent. parent or legal guardian and whether This section, formerly 290.12, was One comment requested clarification the parents or legal guardians should be renumbered due to the addition of that only a percentage breakdown of accountable for the funds they receive. § 290.3. uses is required and not actual budget Response: This comment was not No comments were received on this figures. adopted because the IGRA requires the section. Response: This comment was not per capita payments to be disbursed to the parents or legal guardians of such Section 290.14 Who Can Share in a adopted because that requirement is Per Capita Payment? already specified in paragraph (a). minors or legal incompetents in such Paragraph (b) The revenue allocation amounts as necessary for the health, Section 290.14 combines former plan must meet the following criteria: education, or welfare, of the minor or §§ 290.13 and 290.14. No comments were received on this other legally incompetent. It is up to the One comment recommended these paragraph. tribe to establish a method for the sections be combined for clarification. Paragraph (b)(1) formerly 290.11 accountability of the funds. Response: This comment was paragraph (b)(1) is removed. One comment suggested that the rule adopted, §§ 290.13 and 290.14 are Eight comments were received address the following: (1) A tribe combined because they both refer to the objecting to the limitation of 50 percent disperses funds to a parent or legal per capita distribution of payments.

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Section 290.15 Must the Indian Tribe trust assets into Individual Indian CFR part 2. A tribal revenue allocation Establish Trust Accounts With Financial Money accounts, Indian Moneys plan is not effective without the express Institutions for Minors and Legal Proceeds of Labor Escrow accounts or written approval of the ABO.’’ The Incompetents? special deposit funds accounts held by changes to this section clarify that the Section 290.15 formerly § 290.16 is BIA. Gaming revenues are not funds ABO should act on the tribal revenue renumbered, the former § 290.15 and derived from trust assets or trust allocation plan within 60 days of its § 290.11(b)(3) are combined under resources but are tribal funds under the submission to the ABO. These changes § 290.12(b)(4). control of the tribe. In addition, the clarify that a failure to act within this One comment suggested the inclusion Internal Revenue Service (IRS) time period can be appealed under 25 of the following language: ‘‘Congress has regulations, 26 CFR part 31, require that CFR part 2 and that the tribal revenue not mandated any one way for you to Indian tribes, not BIA or OTFM, allocation plan is not effective until it protect and preserve the interests of withhold taxes for all recipients. has the express written approval of the ABO. The reference in the proposed rule minors and legal incompetents, as long Section 290.17 What Documents Must to the tribe’s governing document is as you do not distribute benefits the Indian Tribe Include With the Tribal omitted in the final rule in order to currently to the parents or legal Revenue Allocation Plan? guardian in such a way that the parents provide adequate time for review by the Section 290.17 formerly § 290.18 is or legal guardian may use the benefits ABO, to prevent a tribe’s shortened renumbered, because former §§ 290.15 for their own purposes unrelated to the review time limits from bumping the and 290.11 (b)(3) are combined under minor’s or legal incompetent’s health, review of another tribe’s plan and § 290.12 (b)(4). education, or welfare needs. You have because IGRA specifically requires No comments were received on this approval of the plan by the Secretary. the flexibility to consider all relevant section. factors, including desired income tax The time deadline has been shortened to and other consequences for the minors Section 290.18 Where Should the 60 days to assure prompt consideration and legal incompetents, in deciding Indian Tribe Submit the Tribal Revenue of the plan. how best to structure your benefit Allocation Plan? Section 290.20 When Will the ABO programs, subject to the requirement Section 290.18 formerly § 290.19 is Disapprove a Tribal Revenue Allocation that the Secretary must review and renumbered, because former §§ 290.15 Plan? approve your revenue allocation plan.’’ and 290.11 (b)(3) are combined under Response: This comment was not § 290.12 (b)(4). Section 290.20 formerly § 290.22 is adopted. The IGRA authorizes ‘‘per One comment suggested a deadline renumbered. capita payments’’ from net gaming for review by the Superintendent be No comments were received on this revenues, 25 U.S.C. 2710(b)(3), not included in the rule. section. ‘‘benefits.’’ This section has been Response: This comment was not Section 290.21 May an Indian Tribe amended to clarify that the tribe may adopted. The Superintendent’s limited Appeal the ABO’s Decision? establish trust accounts with financial role in the process is confined to a institutions but should explore determination that the plan was adopted Section 290.21 formerly § 290.23 is investment options to structure the in accordance with applicable tribal renumbered. accounts to the benefit of their law. There is no need for a time One comment suggested 43 CFR part members. deadline for forwarding the plan to the 4 be included in the appeal process. Section 290.16 Can the Per Capita ABO. Response: No action was taken on this Payments of Minors and Legal Section 290.19 How Long Will the ABO comment. The process set forth in 25 Incompetents be Deposited into Take to Review and Approve the Tribal CFR part 2, Appeals from Accounts Held by BIA or OTFM? Revenue Allocation Plan? Administrative Action provides the Section 290.16 formerly § 290.17 is Section 290.19 formerly §§ 290.20 and mechanism for appeal to the Interior renumbered, because former §§ 290.15 290.21 are combined. Board of Indian Appeals, the same as 43 and 290.11(b)(3) are combined under One comment recommended these CFR part 4. § 290.12(b)(4). sections be combined to identify the Section 290.22 How Does the Indian One comment indicated that this action and the time limit necessary for Tribe and its Members Ensure section is detrimental to the health and review and approval of the plan by the Compliance With its Tribal Revenue well being of Indians requiring ABO. supervised accounts. Response: This comment has been Allocation Plan? Another comment concerned the adopted and is amended to read: ‘‘How Section 290.22 formerly § 290.25 is placement of gaming revenues into long will the ABO take to review and renumbered. Proceeds of Labor accounts. approve the tribal revenue allocation Another comment recommended plan.’’ One comment requested clarification rewording of the section because trust Four comments questioned what whether existing tribal systems fulfill funds are now administered by the would happen after the 90-day period if the requirement for a forum or process Office of Trust Funds Management no action is taken by the ABO and what for the resolution of discrepancy in (OTFM). recourse a tribe would have if the tribal expenditures of net gaming revenues. Response: Only the last comment has revenue allocation plan is rejected by Response: This comment was not been adopted. This section has been the ABO. adopted but is amended to include a amended to clarify that the Secretary Response: In response to these tribal court system, forum or will not accept any deposits of comments, a new paragraph (c) is added administrative process in the tribal payments or funds derived from net to read: ‘‘If the ABO fails to take action revenue allocation plan for reviewing gaming revenues to any account held by within the 60 days you may appeal the expenditures of net gaming revenues BIA or OTFM. It has long been BIA failure of the ABO to act on your request and explain how you will correct policy to place only funds derived from in accordance with the regulations at 25 deficiencies.

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Section 290.23 How Does the Indian economic system by prohibiting or to fund tribal government operations Tribe Resolve Disputes Arising From Per requiring certain actions, IGRA and this and programs and to promote tribal Capita Payments to Individual Members rule do neither. Instead, they allow economic development, (c) the interests or Identified Groups of Members? tribes to voluntarily allocate gaming of minors and other legally incompetent Section 290.23 formerly § 290.26 is revenues, including per capita payments persons who are entitled to receive any renumbered. to tribal members. of the per capita payments are disbursed One comment asked whether existing This rule does nothing to either to the parents or legal guardian of such tribal systems fulfill the requirement for increase or decrease the revenues from minors or legal incompetents in such a forum or process for the resolution of gaming operations. It allows tribes to amounts as may be necessary for the disputes regarding per capita payments. reallocate those revenues if they choose health, education, or welfare of the Response: This comment was not to do so. Tribes wishing to allocate minor or other legally incompetent adopted but is amended to include a gaming revenues as allowed by IGRA person under a plan approved by the tribal court system, forum or will incur only the minimal Secretary and the governing body of the administrative process to resolve administrative cost of preparing and Indian tribe; and (d) the per capita disputes arising from per capita implementing the Allocation Plan payments are subject to Federal taxation distributions. required by the rule and IGRA. The and tribes notify members of such tax Secretary of the Interior and Federal liability when payments are made. Section 290.24 Do Revisions/ employees to whom the Secretary’s The anticipated expenses or costs to Amendments to a Tribal Revenue authorities under IGRA are or will be the public or to the tribes who submit Allocation Plan Require Approval? delegated may also incur minimal tribal revenue allocation plans will be Section 290.24 formerly § 290.27 is administrative cost in implementing the minimal. The plans will provide for the renumbered. rule. distribution of net revenues from any No comments were received on this The actual allocations from tribes to tribal gaming for tribal use and per section. individual members do not result in capita payments to tribal members for costs or benefits as they are defined for private use. Section 290.25 What is the Liability of purposes of the economic analysis In accordance with IGRA, each tribe the United States Under This Part? required by E.O. 12866. These must submit a tribal revenue allocation Section 290.25 formerly § 290.28 is allocations are transfer payments rather plan if it intends to make per capita renumbered. than expenditures. Transfer payments, payments to members of the Indian No comments were received on this in themselves, do not cause the sort of tribe. The regulations will establish a section. resource allocations that give rise to method for the submission, review and costs and benefits. In this regard, per approval of a tribal revenue allocation Section 290.26 Are Previously capita allocations of gaming revenues plan. If a tribe distributes per capita Approved Tribal Revenue Allocation are similar to Social Security payments payments from net gaming revenues Plans, Revisions or Amendments to individuals. without an approved tribal revenue Subject to Review in Accordance With These regulations establish a method allocation plan, the DOJ or the NIGC 25 CFR Part 290. for the submission, review and approval may enforce the per capita requirements A new section 290.26 is added in of tribal revenue allocation plans in a of IGRA. response to the comments requesting timely manner. The tribal revenue On December 21, 1992, the AS-IA clarification as to whether or not the allocation plans provide for the issued Guidelines to Govern the Review submission of a revision or amendment distribution of tribal gaming revenue for and Approval of Tribal Revenue to the tribal revenue allocation plan tribal use and allow for per capita Allocation Plans. As outlined in IGRA, would necessitate the review of the payments to tribal members for private the Guidelines require that the Indian entire tribal revenue allocation plan or use. The IGRA, Section 2710 (b)(2)(B) tribe must dedicate a significant share just that portion being revised or requires that net gaming revenues from (or portion) of net gaming revenues for amended. any tribal gaming are not to be used for economic development and purposes other than, (i) to fund tribal governmental purposes, that the Executive Order 12866 government operations or programs, (ii) interests of minors and other legally OMB has determined that this rule is to provide for the general welfare of the incompetent persons entitled to receive significant. OMB’s guidance on E.O. Indian tribe and its members; (iii) to per capita payments are protected and 12866 requires that a cost-benefit promote tribal economic development; preserved, and that per capita payments analysis be done for significant rules (iv) to donate to charitable are subject to Federal income taxes. The and that it contain three elements. organizations; or (v) to help fund AS-IA does not mandate the distribution These elements are a statement of operations of local government agencies. of net gaming revenues to individual record, an examination of alternative Section 2710 (b)(3) of IGRA further tribal members. However, it is essential approaches, and an analysis of costs and provides that net revenues may be used that Indian tribes choosing to make per benefits. to make per capita payments to capita payments comply with the Because of the nature of IGRA and members of the Indian tribe only if, (a) requirements of IGRA. this rule, the usual economic analysis the Indian tribe has prepared a plan to The anticipated expenses or costs to required by E.O. 12866 is neither allocate revenues for purposes to fund the public or to the tribes who submit appropriate nor needed. The intent of tribal government operations or tribal revenue allocation plans will be E.O. 12866 is to provide decision programs; to provide for the general minimal. The rule will not result in an makers with appropriate information to welfare of the Indian tribe and its annual gross effect on the economy of determine that a regulatory action members; to promote tribal economic $100 million or more, and therefore is imposing costs and yielding benefits, or development; to donate to charitable not an economically significant otherwise having the effects sought by organizations; or to help fund regulatory action. The rule will allow authorizing legislation, is both needed operations of local government agencies, any Indian tribe that is conducting and is economically justified. Whereas (b) the plan is approved by the Secretary gaming to prepare a tribal revenue many regulatory actions intervene in the as adequate, particularly for the purpose allocation plan for the purpose of

VerDate 132000 10:15 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM pfrm04 PsN: 17MRR1 14466 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Rules and Regulations making per capita payments to tribal § 2710(b)(2)(B) of IGRA. With this rule capita payments comply with the members from net gaming revenues. A a method for the submission, review requirements of IGRA. tribal revenue allocation plan will not and approval of a tribal revenue Takings (E.O. 12630) affect the total amount of net gaming allocation plan is established to allow a revenue available to a particular tribe. tribe to distribute per capita payments The Department has determined that Without the rule, tribes must use net to its members from net gaming this rule does not have significant gaming revenues in accordance with revenues. ‘‘takings’’ implications. The rule does Section 2710 (b)(2)(B), solely for tribal This rule will not cause a major not pertain to ‘‘taking’’ of private group purposes. With the rule, tribes increase in costs or prices for property interests, nor does it impact may distribute a portion of the net consumers, individual industries, private property. Federal, State or local government gaming revenue to tribal members in per Federalism (E.O. 12612) capita payments, which can be spent for agencies or geographic regions and does private purposes. The net revenue is not have significant adverse effects on The Department has determined that determined by the success of the tribe’s competition, employment, investment, this rule does not have significant gaming operation. Only a portion of the productivity, innovation, or the ability Federalism effects because it pertains net gaming revenues may be used to to U.S.-based enterprises to compete solely to Federal-tribal relations and make per capita payments to tribal with foreign-based enterprises. The rule will not interfere with the roles, rights members. Without a tribal revenue will provide a method for the and responsibilities of States. allocation plan, a tribe cannot make per submission, review and approval of Civil Justice Reform (E.O. 12988) capita payments to members of the tribe tribal revenue allocation plans to allow but must continue to spend all net a tribe to distribute per capita payments The Department has certified to OMB gaming revenues for the benefit of the to its members from some of its net that these regulations meet the tribe. gaming revenues in accordance with applicable standards provided in Currently, there are approximately IGRA. sections 3(a) and 3(b)(2) of Executive 225 Indian tribes engaged in class II Order (E.O.) 12988. Unfunded Mandates Reform Act (bingo) and class III (casino) gaming. National Environmental Policy Act of This rule does not impose an Although IGRA mandates how net 1969 (NEPA) Statement gaming revenues are to be used by unfunded mandate on State, local or tribes, it does not require tribes to tribal governments or the private sector The Department has determined that provide to anyone the amounts of net of more than $100 million per year. The this rule does not constitute a major gaming revenues earned or distributed. rule does not have a significant or Federal action significantly affecting the The tribal revenue allocation plan will unique effect on State, local, or tribal quality of the human environment and require that tribes provide the Secretary government or the private sector. A that no detailed statement is required a percentage breakdown of the uses to statement containing the information pursuant to NEPA. required by the Unfunded Mandates which net gaming revenues are Paperwork Reduction Act allocated. The total percentage must Reform Act (2 U.S.C. 1531, et seq.) is not equal 100 percent. To some Indian required because only Indian tribes that The Office of Management and Budget tribes who were previously conduct gaming activities and choose to has reviewed and approved the unsuccessful in attracting businesses to distribute per capita payments from net information collections contained in their remote lands, gaming revenues gaming revenues to its members are this rule and assigned them approval now serve as the primary economic required to submit tribal revenue number 1076–0152. The proposed rule development tool available. Gaming allocation plans for review and approval was published on June 7, 1996, 61 FR revenues have enabled tribes to meet in accordance with IGRA. Indian tribes 29044, and solicited comments on the and supplement Federal funding to that conduct gaming activities and who information collection. The OMB meet the needs of their members, by choose not to distribute per capita expressed a concern related to the providing funds for housing assistance, payments from net gaming revenues to proposed rule §§ 290.11 (b)(3) and (b)(4) education assistance, medical its members are not required to submit [renumbered §§ 290.12 (b)(2) and (b)(3)] assistance, etc. a tribal revenue allocation plan to indicating that these sections were open utilize net gaming revenues. ended and needed more specific Regulatory Flexibility Act As an alternative to the establishment information. In particular, (3) OMB The Department of the Interior of regulations, the AS-IA issued indicated the rule should outline certifies that this document will not Guidelines on December 21, 1992, to specific requirements the Secretary have a significant economic effect on a govern the review and approval of must review as required by IGRA and substantial number of small entities Tribal Revenue Allocation Plans. As (4) OMB questioned whether guidance under the Regulatory Flexibility Act (5 outlined in IGRA, the guidelines require is submitted to field personnel and/or U.S.C. 601 et seq.). Indian tribes are not that the Indian tribe must dedicate a public. considered to be small entities for significant share (or portion) of net Response: Section 290.11(b)(3) is purposes of this Act. gaming revenues for economic renumbered as § 290.12(b)(2) and is development and governmental amended to read: ‘‘It must contain Small Business Regulatory Enforcement purposes, that the interests of minors detailed information to allow the ABO Fairness Act (SBREFA) and other legally incompetent persons to determine that it complies with this This rule is not a major rule under 5 entitled to receive per capita payments section and IGRA particularly regarding U.S.C. 804(2), the Small Business must be protected and preserved, and funding for tribal governmental Regulatory Enforcement Fairness Act. that per capita payments are subject to operations or programs and for This rule does not have an annual effect Federal income taxes. The AS-IA does promoting tribal economic on the economy of $100 million or not mandate the distribution of net development.’’ Section 290.11(b)(4) is more. Without this rule only the tribe gaming revenues to individual tribal renumbered § 290.12(b)(3) and amended may spend net gaming revenues in members. However, it is essential that to state that because IGRA requires the accordance with 25 U.S.C. Indian tribes choosing to make per per capita payments to be disbursed to

VerDate 132000 10:15 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM pfrm04 PsN: 17MRR1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Rules and Regulations 14467 the parents or legal guardians of such of information are mandatory in order to 290.17 What documents must the Indian minors or legal incompetents in such receive benefits. tribe include with the tribal revenue allocation plan? amounts as necessary for the health, The Paperwork Reduction Act of 1995 education, or welfare, of the minor or 290.18 Where should the Indian tribe requires us to tell you that a Federal submit the tribal revenue allocation other legally incompetent, it is up to the Agency may not conduct or sponsor, plan? tribe to establish a method for the and a person is not required to respond 290.19 How long will the ABO take to accountability of the funds. to, a collection of information unless it review and approve the tribal revenue These concerns have been addressed displays a currently valid OMB control allocation plan? in the rule and are reflected in the number. 290.20 When will the ABO disapprove a Paperwork Reduction Act submission. tribal revenue allocation plan? Another comment questioned the Drafting Information 290.21 May an Indian tribe appeal the accuracy of the Department’s estimate of ABO’s decision? the burden of the proposed collection of The primary author of this document 290.22 How does the Indian tribe and its information. No action was taken on is Nancy Pierskalla, Management members ensure compliance with its Analyst, Office of Indian Gaming tribal revenue allocation plan? this comment. The comment did not 290.23 How does the Indian tribe resolve address why the cost or hour burden is Management, Bureau of Indian Affairs, Department of the Interior. disputes arising from per capita questioned. Consultation from tribal payments to individual members or representatives was obtained to List of Subjects in 25 CFR Part 290 identified groups of members? determine the estimated burden of the 290.24 Do revisions/amendments to a tribal collection of information. Gambling, Grant programs—business, revenue allocation plan require Sections 290.12, 290.17, 290.24 and Grant programs—Indians, Indians— approval? 290.26 have been amended and contain business and finance, Indians—gaming. 290.25 What is the liability of the United States under this part? information collection requirements. For the reasons given in the preamble, BIA invites the public to comment on 290.26 Are previously approved tribal part 290 is added to Chapter I of Title the accuracy of the burden estimate and revenue allocation plans, revisions or 25 of the Code of Federal Regulations as amendments subject to review in to provide suggestions for reducing the set forth below. accordance with 25 CFR part 290? burden. Please submit your comments to the Office of Information and PART 290ÐTRIBAL REVENUE Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, and 2710. Regulatory Affairs, OMB, Attention: ALLOCATION PLANS Desk Officer for the Department of the § 290.1 Purpose. Interior, OMB Control Number 1076– Sec. 0152, Washington, DC, 20503, and to 290.1 Purpose. This part contains procedures for the Director, Office of Indian Gaming 290.2 Definitions. submitting, reviewing, and approving Management, Bureau of Indian Affairs, 290.3 Information collection. tribal revenue allocation plans for 1849 C Street NW, MS 2070-MIB, 290.4 What is a tribal revenue allocation distributing net gaming revenues from Washington, DC 20240. plan? tribal gaming activities. It applies to 290.5 Who approves tribal revenue BIA needs this information to ensure review of tribal revenue allocation plans allocation plans? adopted under IGRA. that Tribal Revenue Allocation Plans 290.6 Who must submit a tribal revenue include assurances that certain statutory allocation plan? § 290.2 Definitions. requirements are met, a breakdown of 290.7 Must an Indian tribe have a tribal Appropriate Bureau official (ABO) the specific uses to which net gaming revenue allocation plan if it is not means the Bureau official with making per capita payments? revenues will be allocated, eligibility delegated authority to approve tribal requirements for participation, tax 290.8 Do Indian tribes have to make per revenue allocation plans. liability notification and the assurance capita payments from net gaming revenues to tribal members? IGRA means the Indian Gaming of the protection and preservation of the Regulatory Act of 1988 (Public Law per capita shares of minors and legal 290.9 How may an Indian tribe use net gaming revenues if it does not have an 100–497) 102 Stat. 2467 dated October incompetents. BIA will use this approved tribal revenue allocation plan? 17, 1988, (Codified at 25 U.S.C. 2701– information to ensure that net gaming 290.10 Is an Indian tribe in violation of 2721(1988)) and any amendments. revenues are used: (1) to fund tribal IGRA if it makes per capita payments to Indian Tribe means any Indian tribe, government operations and programs; its members from net gaming revenues band, nation, or other organized group (2) to provide for the general welfare of without an approved tribal revenue or community of Indians that the the Indian tribe and its members; (3) to allocation plan? Secretary recognizes as: promote tribal economic development; 290.11 May an Indian tribe distribute per (1) Eligible for the speci al programs capita payments from net gaming (4) to donate to charitable organizations; and services provided by the United and (5) to fund operations of local revenues derived from either Class II or Class III gaming without a tribal revenue States to Indians because of their status government agencies. The likely allocation plan? as Indians; and respondents to this collection are Indian 290.12 What information must the tribal (2) Having powers of self-government. tribes, bands or groups. The estimated revenue allocation plan contain? Legal incompetent means an annual number of respondents is 50 290.13 Under what conditions may an individual who is eligible to participate with collections obtained periodically. Indian tribe distribute per capita in a per capita payment and who has The total burden for this collection of payments? been declared to be under a legal information is estimated to average 75– 290.14 Who can share in a per capita disability, other than being a minor, by 100 hours per response, for 5,000 total payment? a court of competent jurisdiction, hours per year, including the time for 290.15 Must the Indian tribe establish trust accounts with financial institutions for including tribal justice systems or as reviewing instructions, searching minors and legal incompetents? established by the tribe. existing data resources, gathering and 290.16 Can the per capita payments of Member of an Indian tribe means an maintaining the data needed, and minors and legal incompetents be individual who meets the requirements completing and reviewing the deposited into accounts held by BIA or established by applicable tribal law for submission. Responses to the collection OTFM? enrollment in the tribe and—

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(1) Is listed on the tribal rolls of that § 290.6 Who must submit a tribal revenue (iii) To promote tribal economic tribe if such rolls are kept or allocation plan? development; (2) Is recognized as a member by the Any Indian tribe that intends to make (iv) To donate to charitable tribal governing body if tribal rolls are a per capita payment from net gaming organizations; or not kept. revenues must submit one. (v) To help fund operations of local government. Minor means an individual who is § 290.7 Must an Indian tribe have a tribal (2) It must contain detailed eligible to participate in a per capita revenue allocation plan if it is not making per capita payments? information to allow the ABO to payment and who has not reached the determine that it complies with this age of 18 years. No, if you do not make per capita section and IGRA particularly regarding Per capita payment means the payments, you do not need to submit a funding for tribal governmental distribution of money or other thing of tribal revenue allocation plan. operations or programs and for value to all members of the tribe, or to § 290.8 Do Indian tribes have to make per promoting tribal economic identified groups of members, which is capita payments from net gaming revenues development. paid directly from the net revenues of to tribal members? (3) It must protect and preserve the any tribal gaming activity. This No. You do not have to make per interests of minors and other legally definition does not apply to payments capita payments. incompetent persons who are entitled to which have been set aside by the tribe receive per capita payments by: for special purposes or programs, such § 290.9 How may an Indian tribe use net (i) Ensuring that tribes make per as payments made for social welfare, gaming revenues if it does not have an capita payments for eligible minors or medical assistance, education, housing approved tribal revenue allocation plan? incompetents to the parents or legal or other similar, specifically identified Without an approved tribal revenue guardians of these minors or needs. allocation plan, you may use net gaming incompetents at times and in such Resolution means the formal revenues to fund tribal government amounts as necessary for the health, document in which the tribal governing operations or programs; to provide for education, or welfare of the minor or body expresses its legislative will in the general welfare of your tribe and its incompetent; accordance with applicable tribal law. members; to promote tribal economic (ii) Establishing criteria for development; to donate to charitable Secretary means the Secretary of the withdrawal of the funds, acceptable organizations; or to help fund Interior or his/her authorized proof and/or receipts for accountability operations of local government agencies. representative. of the expenditure of the funds and the circumstances for denial of the Superintendent means the official or § 290.10 Is an Indian tribe in violation of IGRA if it makes per capita payments to its withdrawal of the minors’ and legal other designated representative of the incompetents’ per capita payments by BIA in charge of the field office which members from net gaming revenues without an approved tribal revenue the parent or legal guardian; and has immediate administrative allocation plan? (iii) Establishing a process, system, or responsibility for the affairs of the tribe Yes, you are in violation of IGRA if forum for dispute resolution. for which a tribal revenue allocation (4) It must describe how you will plan is prepared. you make per capita payments to your tribal members from net gaming notify members of the tax liability for Tribal governing body means the revenues without an approved tribal per capita payments and how you will governing body of an Indian tribe revenue allocation plan. If you refuse to withhold taxes for all recipients in recognized by the Secretary. comply, the DOJ or NIGC may enforce accordance with IRS regulations in 26 Tribal revenue allocation plan or the per capita requirements of IGRA. CFR part 31. allocation plan means the document (5) It must authorize the distribution submitted by an Indian tribe that § 290.11 May an Indian tribe distribute per of per capita payments to members provides for distributing net gaming capita payments from net gaming revenues according to specific eligibility derived from either Class II or Class III revenues. requirements and must utilize or gaming without a tribal revenue allocation establish a tribal court system, forum or You or your means the Indian tribe. plan? administrative process for resolution of § 290.3 Information collection. No, IGRA requires that you have an disputes concerning the allocation of approved tribal revenue allocation plan. net gaming revenues and the The information collection distribution of per capita payments. requirements contained in §§ 290.12, § 290.12 What information must the tribal 290.17, 290.24 and 290.26 have been revenue allocation plan contain? § 290.13 Under what conditions may an approved by the OMB under the (a) You must prepare a tribal revenue Indian tribe distribute per capita payments? Paperwork Reduction Act of 1995, 44 allocation plan that includes a You may make per capita payments U.S.C. 3507(d), and assigned clearance percentage breakdown of the uses for only after the ABO approves your tribal number 1076–0152. which you will allocate net gaming revenue allocation plan. revenues. The percentage breakdown § 290.4 What is a tribal revenue allocation must total 100 percent. § 290.14 Who can share in a per capita plan? (b) The tribal revenue allocation plan payment? It is the document you must submit must meet the following criteria: (a) You must establish your own that describes how you will allocate net (1) It must reserve an adequate criteria for determining whether all gaming revenues. portion of net gaming revenues from the members or identified groups of tribal gaming activity for one or more of members are eligible for per capita § 290.5 Who approves tribal revenue the following purposes: payments. allocation plans? (i) To fund tribal government (b) If the tribal revenue allocation The ABO will review and approve operations or programs; plan calls for distributing per capita tribal revenue allocation plans for (ii) To provide for the general welfare payments to an identified group of compliance with IGRA. of the tribe or its members; members rather than to all members,

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A tribal revenue discriminate or otherwise violate the § 290.26 Are previously approved tribal Indian Civil Rights Act; and allocation plan is not effective without revenue allocation plans, revisions, or (3) The justification complies with the express written approval of the amendments subject to review in applicable tribal law. ABO. accordance with this part? No. This part applies only to tribal § 290.15 Must the Indian tribe establish § 290.20 When will the ABO disapprove a trust accounts with financial institutions for tribal revenue allocation plan? revenue allocation plans, revisions, or minors and legal incompetents? The ABO will not approve any tribal amendments submitted for approval revenue allocation plan for distribution after April 17, 2000. No. The tribe may establish trust (a) If the ABO approved your tribal accounts with financial institutions but of net gaming revenues from a tribal gaming activity if: revenue allocation plan, revisions, or should explore investment options to amendments before April 17, 2000, you structure the accounts to the benefit of (a) The tribal revenue allocation plan is inadequate, particularly with respect need not resubmit it for approval. their members while ensuring (b) If you are amending or revising a compliance with IGRA and this part. to the requirements in § 290.12 and IGRA, and you fail to bring it into previously approved allocation plan, § 290.16 Can the per capita payments of compliance; you must submit the amended or minors and legal incompetents be (b) The tribal revenue allocation plan revised plan to the ABO for review and deposited into accounts held by BIA or is not adopted in accordance with approval under this part. OTFM? applicable tribal law; Dated: October 29, 1999. No. The Secretary will not accept any (c) The tribal revenue allocation plan Kevin Gover deposits of payments or funds derived does not include a reasonable Assistant Secretary—Indian Affairs. justification for limiting per capita from net gaming revenues to any [FR Doc. 00–6603 Filed 3–16–00; 8:45 am] account held by BIA or OTFM. payments to certain groups of members; or BILLING CODE 4310±02±P § 290.17 What documents must the Indian (d) The tribal revenue allocation plan tribe include with the tribal revenue violates the Indian Civil Rights Act of allocation plan? DEPARTMENT OF THE INTERIOR 1968, any other provision of Federal You must include: law, or the United States’ trust Minerals Management Service (a) A written request for approval of obligations. the tribal revenue allocation plan; and 30 CFR Part 250 (b) A tribal resolution or other § 290.21 May an Indian tribe appeal the document, including the date and place ABO's decision? RIN 1010±AC32 of adoption and the result of any vote Yes, you may appeal the ABO’s taken, that certifies you have adopted decision in accordance with the Postlease Operations Safety regulations at 25 CFR part 2. the tribal revenue allocation plan in AGENCY: Minerals Management Service accordance with applicable tribal law. § 290.22 How does the Indian tribe ensure (MMS), Interior. § 290.18 Where should the Indian tribe compliance with its tribal revenue allocation ACTION: Corrections to final regulations. submit the tribal revenue allocation plan? plan? SUMMARY: This document contains You must submit your tribal revenue You must utilize or establish a tribal court system, forum or administrative corrections to the final rule titled allocation plan to your respective ‘‘Postlease Operations Safety’’ that was Superintendent. The Superintendent process in the tribal revenue allocation plan for reviewing expenditures of net published Tuesday, December 28, 1999 will review the tribal revenue allocation (64 FR 72756). We are correcting minor plan to make sure it has been properly gaming revenues and explain how you will correct deficiencies. errors in four documents incorporated adopted in accordance with applicable by reference and separating two tribal law. The Superintendent will then § 290.23 How does the Indian tribe resolve document entries that were printed as transmit the tribal revenue allocation disputes arising from per capita payments one entry. plan promptly to the ABO. to individual members or identified groups EFFECTIVE DATE: of members? January 27, 2000. § 290.19 How long will the ABO take to FOR FURTHER INFORMATION CONTACT: You must utilize or establish a tribal review and approve the tribal revenue Kumkum Ray, (703) 787–1600. allocation plan? court system, forum or administrative process for resolving disputes arising SUPPLEMENTARY INFORMATION: The ABO must review and act on your from the allocation of net gaming tribal revenue allocation plan within 60 Background revenue and the distribution of per days of receiving it. A tribal revenue capita payments. The final regulations that are the allocation plan is not effective without subject of these corrections supersede the ABO’s written approval. § 290.24 Do revisions/amendments to a 30 CFR 250, subpart A, General, (a) If the tribal revenue allocation plan tribal revenue allocation plan require regulations on the effective date and conforms with this part and the IGRA, approval? affect all operators and lessees on the the ABO must approve it. Yes, revisions/amendments to a tribal Outer Continental Shelf. (b) If the tribal revenue allocation revenue allocation plan must be The published final regulations plan does not conform with this part submitted to the ABO for approval to contained a complete listing of all of the

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Incorporated by reference Title of document at

****** API MPMS, Chapter 2, Section 2B, Calibration § 250.1202(1)(4) Calibration of Upright Cylindrical Tanks Using the 250.1202(1)(4). Optical Reference Line Method, First Edition, March 1989, reaffirmed May 1996, API Stock No. H30023; also available as ANSI/ASTM D 4738±88.

****** API MPMS, Chapter 11.1, Volume Correction Factors, Volume 1, Table 5AÐGeneralized Crude Oils and JP-4, § 250.1202(a)(3), (g)(3) and Correction of Observed API Gravity to API Gravity at 60°F, and Table 6AÐGeneralized Crude Oils and JP±4, (1)(4). Correction of Volume to 60°F, against API Gravity 60°F, First Edition, August 1980, reaffirmed March 1997, API Stock No. H27000; also available as ANSI/ASTM D 1250.

****** API MPMS, Chapter 11.2.2, Addendum to 250.1202(a)(3). Correlation of Vapor Pressure Correction for Natural § 250.1202(a)(3). Gas Liquids, First Edition, December 1984, reaffirmed March 1997, API Stock No. H27308; also available as GPA TP±15.

****** API MPMS, Chapter 14, Section 3, Part 2, Specification and Installation Requirements, Third Edition, February § 250.1203(b)(2). 1991, reaffirmed May 1996, API Stock No. H30351; also available as ANSI/API 2530, 1991.

****** API MPMS, Chapter 14, Section 5, Calculation of Gross Heating Value, Relative Density, and Compressibility Fac- § 250.1203(b)(2). tor for Natural Gas Mixtures from Compositional Analysis, Revised 1996; order from Gas Processors Associa- tion, 6526 East 60th Street, Tulsa, Oklahoma 74145..

****** API MPMS, Chapter 14, Section 6, Continuous Density Measurement, Second Edition, April 1991, reaffirmed May § 250.1203(b)(2). 1998, API Stock No. H30346.

******

Dated: March 2, 2000. reinstating §§155.235 and 155.240 to § 155.240 Damage stability information for E. P. Danenberger, read as follows: oil tankers and offshore oil barges. Chief, Engineering and Operations Division. (a) Owners or operators of oil tankers § 155.235 Emergency towing capability for [FR Doc. 00–6663 Filed 3–16–00; 8:45 am] and offshore oil barges shall ensure that oil tankers. BILLING CODE 4310±MR±P their vessels have prearranged, prompt An emergency towing arrangement access to computerized, shore-based shall be fitted at both ends on board all damage stability and residual structural DEPARTMENT OF TRANSPORTATION oil tankers of not less than 20,000 strength calculation programs. deadweight tons (dwt), constructed on (b) Vessel baseline strength and Coast Guard or after September 30, 1997. For oil stability characteristics must be pre- tankers constructed before September entered into such programs and be consistent with the vessel’s existing 33 CFR Part 155 30, 1997, such an arrangement shall be configuration. Oil or Hazardous Material Pollution fitted at the first scheduled dry-docking, (c) Access to the shore-based Prevention Regulations for Vessels but not later than January 1, 1999. The calculation program must be available design and construction of the towing 24 hours a day. CFR Correction arrangement shall be in accordance with (d) At a minimum, the program must In Title 33 of the Code of Federal IMO resolution MSC.35(63). facilitate calculation of the following: Regulations, parts 125 to 199, revised as [CGD 95–028, 62 FR 51194, Sept. 30, 1997] (1) Residual hull girder strength based of July 1, 1999, part 155 is corrected by on the reported extent of damage.

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(2) Residual stability when the case on the Board’s docket. 38 U.S.C. Approved: March 10, 2000. vessel’s compartments are breached. 7107(a)(2). Togo D. West, Jr., (3) The most favorable off-loading, (2) A new provision permits Secretary of Veterans Affairs. ballasting, or cargo transfer sequences to postponement of consideration of a case For the reasons set out in the improve residual stability, reduce hull in order to afford an appellant a hearing. preamble, 38 CFR parts 19 and 20 are girder stresses, and reduce ground-force 38 U.S.C. 7107(a)(3). amended as set forth below: reaction. (4) The bending and shear stresses (3) The order in which the Board PART 19ÐBOARD OF VETERANS' caused by pinnacle loads from conducts field hearings in areas served APPEALS: APPEALS REGULATIONS grounding or stranding. by VA regional offices has been changed [CGD 90–068, 58 FR 67996, Dec. 22, 1993, as from the order in which requests for 1. The authority citation for part 19 amended by USCG–1998–3799, 63 FR 35531, hearings in each area are received to the continues to read as follows: June 30, 1998] docket order of the cases that are Authority: 38 U.S.C. 501(a), unless scheduled for hearings within the same [FR Doc. 00–55505 Filed X–XX–00, 8:45 am] otherwise noted. area. 38 U.S.C. 7107(d)(2). BILLING CODE 1505±01±D 2. Section 19.75 is revised to read as (4) The statutory grounds in 38 U.S.C. follows: 7107(d)(3) for advancing a hearing § 19.75 Field hearing docket. DEPARTMENT OF VETERANS within an area served by a regional AFFAIRS office now conform to the grounds in 38 Hearings on appeal held at U.S.C. 7107(a)(2) for advancing a case Department of Veterans Affairs field 38 CFR Parts 19 and 20 on the Board’s docket. facilities will be scheduled for each area served by a regional office in accordance RIN 2900±AJ72 This document amends 38 CFR 19.75, 20.704, and 20.900 to conform to these with the place of each case on the Board’s docket, established under Appeals Regulations and Rules of statutory changes. § 20.900 of this chapter, relative to other PracticeÐCase Docketing Section 511 of the same public law, cases for which hearings are scheduled 112 Stat. at 3341, changed the name of AGENCY: Department of Veterans Affairs. to be held within that area. Such the United States Court of Veterans ACTION: Final rule. scheduling is subject to § 20.704(f) of Appeals to the United States Court of this chapter pertaining to advancement SUMMARY: The Board of Veterans’ Appeals for Veterans Claims. of a case on the hearing docket. Amendments to 38 CFR 20.609, 20.714, Appeals (Board) adjudicates appeals (Authority: 38 U.S.C. 7107) from decisions on claims for veterans’ 20.717, and 20.900 change references to the Court to reflect its new name. benefits filed with the Department of PART 20ÐBOARD OF VETERANS' Veterans Affairs (VA). This document VA finds under 5 U.S.C. 553(b)(3)(B) APPEALS: RULES OF PRACTICE updates the Board’s procedures to that notice and public procedure are reflect changes made by section 1003 of impracticable, unnecessary, and The authority citation for part 20 the Veterans Programs Enhancement contrary to public interest inasmuch as continues to read as follows: Act of 1998 and to reflect the change in these amendments merely reflect the name of the United States Court of Authority: 38 U.S.C. 501(a), unless statutory changes. otherwise noted. Veterans Appeals to the United States 4. Section 20.704 is amended by Court of Appeals for Veterans Claims. Because no notice of proposed rulemaking was required in connection revising the second sentence of DATES: with the adoption of this final rule, no paragraph (a); and revising paragraph (f) Effective Date: March 17, 2000. regulatory flexibility analysis is required to read as follows: Applicability Date: November 10, under the Regulatory Flexibility Act (5 1998, except for §§ 20.609(i), § 20.704 Rule 704. Scheduling and notice U.S.C. 601–612). Even so, the Secretary 20.714(a)(5), 20.717(b), and 20.900(d) of hearings conducted by the Board of which are applicable March 1, 1999. hereby certifies that this final rule will Veterans' Appeals at Department of not have a significant economic impact Veterans Affairs field facilities. FOR FURTHER INFORMATION CONTACT: on a substantial number of small entities Steven L. Keller, Senior Deputy Vice (a) General. * * * Subject to as they are defined in the Regulatory Chairman, Board of Veterans’ Appeals, paragraph (f) of this section, the Flexibility Act. Department of Veterans Affairs, 810 hearings will be scheduled in the order Vermont Avenue, NW., Washington, DC There is no Catalog of Federal specified in § 19.75 of this chapter. 20420, 202–565–5978. Domestic Assistance number for this *** SUPPLEMENTARY INFORMATION: Initial final rule. * * * * * (f) Advancement of the case on the decisions on claims for veterans’ List of Subjects benefits are made at VA field offices hearing docket. A hearing may be throughout the nation. Claimants may 38 CFR Part 19 scheduled at a time earlier than would appeal those decisions to the Board. be provided for under § 19.75 of this Administrative practice and Section 1003 of the Veterans Programs chapter upon written motion of the Enhancement Act of 1998, Public Law procedure; Claims; Veterans; Authority appellant or the representative. The 105–368, 112 Stat. 3315, 3363–64 delegations (government agencies). same grounds for granting relief, motion filing procedures, and designation of (1998), amended 38 U.S.C. 7107 to make 38 CFR Part 20 these changes in procedures for authority to rule on the motion specified processing cases before the Board: Administrative practice and in Rule 900(c) (§ 20.900(c) of this part) (1) Serious illness and severe procedure; Claims; Lawyers; Legal for advancing a case on the Board’s financial hardship are now included in services; Veterans; Authority docket shall apply. the statutory grounds for advancing a delegations (government agencies). (Authority: 38 U.S.C. 7107)

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(Approved by the Office of Management § 20.609 [Amended] federal rules, were not necessarily and Budget under control number 2900– 6. In § 20.609, paragraph (i) is affected by the court’s ruling. 0085) amended by removing ‘‘the Court of EFFECTIVE DATE: This rule will be Veterans Appeals’’ from the next to the effective on March 17, 2000. 5. In § 20.900, paragraphs (b) and (c) last sentence and adding, in its place, are revised; and paragraph (e) is added, ADDRESSES: EPA does not seek comment ‘‘the United States Court of Appeals for to read as follows: on this document. EPA will keep the Veterans Claims’’. official record for this action in paper § 20.900 Rule 900. Order of consideration §§ 20.714, 207.17, and 20.900 [Amended] form. The official record of this action of appeals. is identified by Docket Number F–98– 7. Sections 20.714(a)(5), 20.717(b), * * * * * OBLF–FFFFF. The public may view and 20.900(d) are amended by removing supporting materials in the RCRA (b) Appeals considered in docket ‘‘the United States Court of Veterans Information Center (RIC), located at order. Except as otherwise provided in Appeals’’ wherever it appears and, in EPA, Crystal Gateway #1, 1st Floor, this Rule, appeals are considered in the each such section, adding in its place 1235 Jefferson Davis Highway, order in which they are entered on the ‘‘the United States Court of Appeals for Arlington, VA. The RIC is open from docket. Veterans Claims’’. 9:00 a.m. to 4:00 p.m., Monday through (c) Advancement on the docket. A [FR Doc. 00–6613 Filed 3–16–00; 8:45 am] Friday, excluding Federal holidays. To case may be advanced on the docket on BILLING CODE 83201±01±P review docket materials, we recommend the motion of the Chairman, the Vice that you make an appointment by Chairman, a party to the case before the calling (703) 603–9230. You may copy Board, or such party’s representative. ENVIRONMENTAL PROTECTION a maximum of 100 pages from any Such a motion may be granted only if AGENCY regulatory docket at no charge. the case involves interpretation of law Additional copies cost $0.15/page. of general application affecting other 40 CFR Parts 148, 261, 268, 271, and Supporting materials are available for claims, if the appellant is seriously ill or 302 viewing in the RCRA Information Center (RIC), Office of Solid Waste (5305G), is under severe financial hardship, or if [FRL±6560±4] other sufficient cause is shown. ‘‘Other U.S. Environmental Protection Agency sufficient cause’’ shall include, but is RIN 2050±AD59 Headquarters, US EPA Ariel Rios (5101), not limited to, administrative error 1200 Pennsylvania Avenue, N.W., resulting in a significant delay in Organobromine Production Wastes; Washington, D.C. 20460. Identification and Listing of Hazardous docketing the case. Such motions must FOR FURTHER INFORMATION CONTACT: For be in writing and must identify the Waste; Land Disposal Restrictions; general information, contact the RCRA specific reason(s) why advancement on Listing of CERCLA Hazardous Hotline at (800) 424–9346 or TDD (800) the docket is sought, the name of the Substances, Reportable Quantities; 553–7672 (hearing impaired). In the veteran, the name of the appellant if Final Rule Washington, D.C., metropolitan area, other than the veteran (e.g., a veteran’s AGENCY: Environmental Protection call (703) 412–9810 or TDD (703) 412– survivor, a guardian, or a fiduciary Agency (EPA). 3323. For information on specific appointed to receive VA benefits on an ACTION: Final rule. aspects of the rule, contact William individual’s behalf), and the applicable (Rick) Brandes of the Office of Solid Department of Veterans Affairs file SUMMARY: The Environmental Protection Waste (5304W), U.S. Environmental number. The motion must be filed with: Agency (EPA) today is announcing the Protection Agency, US EPA Ariel Rios, Director, Administrative Service (014), vacature of regulatory provisions 1200 Pennsylvania Avenue, N.W., Board of Veterans’ Appeals, 810 governing the identification of certain Washington, D.C. 20460. [E-mail Vermont Avenue, NW., Washington, DC wastes as listed hazardous wastes. EPA address and telephone numbers: 20420. Where a motion is received prior is amending its regulations to conform [email protected], (703) 308– to the assignment of the case to an with an order issued by the United 8871.] individual member or panel of States Court of Appeals for the District SUPPLEMENTARY INFORMATION: . The members, the ruling on the motion will of Columbia Circuit (D.C. Cir.) in Great court order vacating the listing be by the Vice Chairman, who may Lakes Chemical Corporation v. EPA (No. determination will be added to Docket delegate such authority to a Deputy Vice 98–1312), that vacated Agency Number F–98–OBLF–FFFFF, the public Chairman. If a motion to advance a case regulations listing certain docket for the rule that listed the on the docket is denied, the appellant organobromine wastes as hazardous organobromine wastes as hazardous. and his or her representative will be wastes under the Resource Conservation The rule, ‘‘Organobromine Production immediately notified. If the motion to and Recovery Act (RCRA). Wastes; Identification and Listing of advance a case on the docket is granted, EPA also is modifying the land Hazardous Waste; Land Disposal that fact will be noted in the Board’s disposal restrictions treatment standards Restrictions; Listing of CERCLA decision when rendered. in 40 CFR part 268 by deleting these Hazardous Substances, Reportable * * * * * wastes and the associated treatment Quantities,’’ was issued in the Federal standards. In addition, EPA is vacating Register at 63 FR 24596 (May 4, 1998). (e) Postponement to provide hearing. the Reportable Quantity (RQ) Any other provision of this Rule EPA will keep the official record for this requirements for these notifications. action in paper form. The official record notwithstanding, a case may be Under the court’s order, and as postponed for later consideration and is the paper record maintained at the amended in today’s rule, the vacated address in the ADDRESSES section. determination if such postponement is federal hazardous waste listings and necessary to afford the appellant a regulatory requirements based on those Contents of This Final Rule hearing. listings are to be treated as though they I. Background (Authority: 38 U.S.C. 7107, Pub. Law No. were never in effect. State regulations, II. Amended Regulations 103–446, § 302) which may be more stringent than III. State Authority

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IV. Good Cause Exemption from Notice-and- second waste, previously designated as may be required to retain the state Comment Rulemaking Procedures U408, is 2,4,6-tribromophenol permits. V. Administrative Assessments (commercial chemical product). EPA The land disposal restriction (LDR) I. Background also is deleting 2,4,6-tribromophenol regulations for hazardous wastes are from the list of hazardous constituents amended to remove K140 and U408. On May 4, 1998, EPA published in the in Appendix VIII of 40 CFR part 261. In Specifically, the Agency is amending 40 Federal Register (63 FR 24596) a final CFR 268.33 to remove LDR rule listing as hazardous wastes under addition, EPA is modifying the land disposal restrictions treatment standards requirements for K140 and U408 and RCRA two wastes generated by the amending the table in 40 CFR 268.40 to organobromine production industry. in 40 CFR part 268 by deleting these wastes and the associated treatment remove the entries for K140 and U408. The rule added 2,4,6-tribromophenol to In addition, 2,4,6-tribromophenol is the list of commercial chemical standards. EPA also is vacating the Reportable Quantity (RQ) requirements removed from the Universal Treatment products that are hazardous wastes only Standards table in 40 CFR 268.48. when they are discarded. This list is for these notifications. The effect of vacating the hazardous Today’s final rule also removes the found at 40 CFR 261.33 and is divided vacated K140 and U408 wastes from into acutely hazardous wastes (‘‘P- waste listing determination for these wastes is to clarify that these two CERCLA designation as hazardous wastes’’) and other toxic wastes (U- substances. Accordingly, these wastes wastes’’). 2,4,6-tribromophenol was wastestreams are not subject to the hazardous waste management and are removed from the list of CERCLA designated waste code U408. hazardous substances at 40 CFR 302.4. Sweepings, off-specification product, treatment standards under RCRA, as and spent filter media from the well as not subject to emergency III. State Authority production of 2,4,6-tribromophenol notification requirements for releases of The tables in 40 CFR 271.1 are were added to the list of hazardous hazardous substances to the amended to reflect the issuance of this wastes from specific sources and environment. document so that states will understand designated as waste code K140. As part II. Amended Regulations they are not required by the federal of the listing determination, and in Resource Conservation and Recovery accordance with Agency regulations, In 40 CFR 261.32, the following K- Act to adopt the hazardous waste EPA also listed in Appendix VII of 40 waste listing is deleted: K140—Floor listings for K140 and U408. Since CFR part 261 the hazardous constituents sweepings, off-specification product and today’s rule does not establish any new in the wastes upon which the listings spent filter media from the production regulations, no additional requirements were based. of 2,4,6-tribromophenol. or obligations are imposed on the states The May 4, 1998 final rule also In the table in 40 CFR 261.33(f) the by its promulgation. RCRA section 3009 designated the two organobromine following U-waste listing is deleted: provides that states may not issue wastes as hazardous substances under regulations less stringent than those the Comprehensive, Environmental Haz- ardous Chemical authorized under subtitle C or RCRA. Response, Compensation, and Liability abstracts Substance However, section 3009 of RCRA also waste number Act (CERCLA), 42 U.S.C. 9601, and number provides that states may impose more added them to the hazardous substance stringent requirements than those list at 40 CFR 302.4 with adjusted U408 ...... 118±79±6 2,4,6- regulations promulgated by EPA under reportable quantities (RQs) of 100 Tribromophenol. subtitle C. Thus, regulations vacated by pounds. EPA also promulgated land the court in Great Lakes Chemical disposal restriction (LDR) regulations EPA also is deleting 2,4,6- Corporation v. EPA may be permissible for the organobromine wastes. EPA tribromophenol from the hazardous under state law. amended its requirements for approval constituent list in Appendix VII of 40 of state hazardous waste programs by CFR Part 261. The Agency is deleting IV. Good Cause Exemption from Notice- adding the organobromine listings and any mention of the vacated hazardous and-Comment Rulemaking Procedures LDR regulations to Tables 1 and 2 of 40 waste codes in Appendix VIII. The Administrative Procedure Act CFR 271.1. These tables list the While the regulations for waste generally requires agencies to provide regulations that establish the management at 40 CFR parts 262 prior notice and opportunity for public requirements and prohibitions through 266 are not affected by the comment before issuing a final rule (5 applicable to state hazardous waste court’s action with regard to the U.S.C. 553(b)). Rules are exempt from programs. vacature of the hazardous waste listing this requirement if the issuing agency On April 9, 1999, the D.C. Circuit in determinations for K140 and U408, it is finds for good cause that notice and Great Lakes Chemical Corporation v. clear that the regulations are not comment are unnecessary (5 U.S.C. EPA, ordered that the organobromine applicable to the vacated hazardous 553(b)(3)(B)). listing determinations be vacated. waste listings (unless those wastes EPA has determined that providing Accordingly, EPA is removing from the exhibit a hazardous waste characteristic prior notice and opportunity for Code of Federal Regulations (CFR) the described in 40 CFR part 261, subpart comment on the regulations amending listings vacated by the court and all C). However, to the extent that the the RCRA hazardous waste management references to those listings. Today’s wastes described in the vacated listings requirements to comply with the court document notifies the public that EPA were included in federal permits before decision vacating the hazardous waste is deleting from the lists of hazardous the ruling, appropriate action may need listing determinations for waste codes waste found in 40 CFR part 261, subpart to be taken by permittees and permitting K140 and U408, is not necessary. The D two wastes previously designated as authorities to amend the permits. Any regulations are no longer legally in hazardous waste codes K140 and U408. need to revise state permits will depend effect by order of the federal court of The first waste, previously designated as on state law. Since state law may be appeals. Thus, amending the hazardous K140, is sweepings, off-speculation more stringent than federal law, there waste regulations has no legal impact product and spent filter media from the may be circumstances in which a and only states the current legal status production of 2,4,6-tribromophenol. The facility managing organobromine wastes of the rules.

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For the same reasons stated above, information collection burden under the Confidential business information, EPA believes there is good cause for provisions of the Paperwork Reduction Hazardous material transportation, making the amending regulations Act of 1995 (44 U.S.C. 3501 et seq.). Hazardous waste, Indians-lands, immediately effective. (See 5 U.S.C. Today’s final rule will have no effect Intergovernmental relations, Penalties, 553(d)) upon minority and/or low-income Reporting and recordkeeping populations. The amending regulations V. Administrative Assessments requirements, Water pollution control, promulgated today reflect current law Water supply. Under Executive Order 12866 (58 FR and are meant only to amend the Code 51735, October 4, 1993), today’s action of Federal Regulations to comply with 40 CFR Part 302 has no regulatory impact because it the current legal status of the rules. Environmental protection, Air merely reflects the current legal status of Therefore, today’s rule is not subject to pollution control, Chemicals, the regulations. This ‘‘regulatory action’’ Executive Order 12898, ‘‘Federal Emergency Planning and Community does not impose annual costs of $100 Actions to Address Environmental Right-to-Know Act, Extremely million or more and is not a subject to Justice in Minority Populations and hazardous substances, Hazardous review by the Office of Management and Low-Income Populations.’’ chemicals, Hazardous materials, Budget. Because this action only The Congressional Review Act, 5 Hazardous materials transportation, amends the CFR to comply with the U.S.C. 801 et seq., as added by the Small Hazardous substances, Hazardous current legal status of the rules, it is not Business Regulatory Enforcement waste, Intergovernmental relations, subject to the regulatory flexibility Fairness Act of 1996, generally provides provisions of the Regulatory Flexibility that before a rule may take effect, the Natural resources, Reporting and Act (5 U.S.C. 601 et seq.), or to sections agency promulgating the rule must recordkeeping requirements, Superfund, 202, 204 and 205 of the Unfunded submit a rule report, which includes a Waste treatment and disposal, Water Mandates Reform Act of 1995 (UMRA) copy of the rule, to each House of the pollution control, Water supply. (Public Law 104–4). This action will not Congress and to the Comptroller General Dated: March 8, 2000. significantly or uniquely affect small of the United States. Section 808 allows Timothy R. Fields, Jr., governments, as specified in section 203 the issuing agency to make a rule Assistant Administrator, Office of Solid Waste of UMRA, or communities of tribal effective sooner than otherwise and Emergency Response. governments, as specified in Executive provided by the CRA if the agency Order 13084 (63 FR 27655, May 10, makes a good cause finding that notice For the reasons set forth in the 1998). For the same reason, this rule and public procedure is impracticable, preamble, title 40, chapter 1 of the Code will not have substantial direct effects unnecessary or contrary to the public of Federal Regulations is proposed to be on the States, on the relationship interest. This determination must be amended as follows: between the national government and supported by a brief statement. 5 U.S.C. the States, or on the distribution of 808(2). As stated previously, EPA has PART 148ÐHAZARDOUS WASTE power and responsibilities among the made such a good cause finding, INJECTION RESTRICTIONS various levels of government, as including the reasons therefor, and specified in Executive Order 13132 (64 established an effective date of March 1. The authority citation for part 148 FR 43255, August 10, 1999). This rule 17, 2000. EPA will submit a report continues to read as follows: also is not subject to Executive Order containing this rule and other required Authority: Sec. 3004, Resource 13045, ‘‘Protection of Children from information to the U.S. Senate, the U.S. Conservation and Recovery Act, 42 U.S.C. Environmental Health risks and Safety House of Representatives, and the 6901 et seq. Risks’’ (62 FR 19885, April 23, 1997), Comptroller General of the United § 148.18 [Amended] because it is not economically States prior to publication of the rule in significant and because the Agency does the Federal Register. This action is not 2. Section 148.18 is amended by not have reason to believe the a ‘‘major rule’’ as defined by 5 U.S.C. removing and reserving paragraph (f). environmental health or safety risks 804(2). addressed by this action present a PART 261ÐIDENTIFICATION AND disproportionate risk to children. List of Subjects LISTING OF HAZARDOUS WASTE This rule does not involve technical 40 CFR Part 148 standards; thus, the requirements of Administrative practice and 3. The authority citation for part 261 section 12(c) of the National Technology procedure, Hazardous waste, Reporting continues to read as follows: Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As and recordkeeping requirements, Water Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938. required by section 3 of Executive Order supply. 12988 (61 FR 4729, February 7, 1996), 40 CFR Part 261 § 261.32 [Amended] in issuing this rule, EPA has taken the Environmental protection, Hazardous necessary steps to eliminate drafting 4. Section 261.32 is amended in the materials, Waste treatment and disposal, table under ‘‘Organic Chemicals’’ by errors and ambiguity, minimize Recycling. potential litigation, and provide a clear removing the entry for K140. legal standard for affected conduct. EPA 40 CFR Part 268 § 261.33 [Amended] has complied with Executive Order Environmental protection, Hazardous 12630 (53 FR 8859, March 15, 1988) by materials, Waste management, 5. Section 261.33(f) is amended in the examining the takings implications of Reporting and recordkeeping table by removing in its entirety the the rule in accordance with the requirements, Land disposal entry for U408 (2,4,6-Tribromophenol). ‘‘Attorney General’s Supplemental restrictions, Treatment standards. Appendix VII to Part 261 [Amended] Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 40 CFR Part 271 6. Appendix VII to Part 261 is Takings’’ issued under the executive Environmental protection, amended by removing the entire entry order. This rule does not impose an Administrative practice and procedure, for EPA hazardous waste number K140.

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Appendix VIII to Part 261 [Amended] Subpart DÐTreatment Standards Authority: 42 U.S.C. 6905, 6912(a), and 6926. 7. Appendix VIII to Part 261 is § 268.40 [Amended] amended by removing the entire entry 13. Section 271.1(j) is amended by for 2,4,6-Tribromophenol. 10. In § 268.40, the table is amended adding the following entry to Table 1 in by removing the entire entries for K140 chronological order by date of PART 268ÐLAND DISPOSAL and U408. RESTRICTIONS publication in the Federal Register, and § 268.48 [Amended] by adding the following entries to Table 8. The authority citation for part 268 2 in chronological order by date of continues to read as follows: 11. In § 268.48, the table is amended publication in the Federal Register to by removing the entire entry for 2,4,6- read as follows: Authority: 42 U.S.C. 6905, 6912(a), 6921, Tribromophenol. and 6924. § 271.1 Purpose and scope. PART 271ÐREQUIREMENTS FOR Subpart CÐProhibitions on Land * * * * * Disposal AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS (j) * * * § 268.33 [Amended] 9. Section 268.33 is removed and 12. The authority citation for part 271 reserved. continues to read as follows:

TABLE 1.ÐREGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Promulgation date Title of regulation Federal Register reference Effective date

******* March 17, 2000 ...... Vacated Organobromine wastes ...... [insert FEDERAL REGISTER page num- November 4, 1998. bers.].

*******

TABLE 2.ÐSELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984

Effective date Self-implementing provision RCRA citation Federal Register reference

******* November 4, 1998...... Prohibition on land disposal of 3004(g)(4)(c) and 3004(m) ...... 3/17/00. organobromine waste (Vacated [insert FR page numbers.]. wastes).

******* November 4, 1998 ...... Prohibition on land disposal of radio- 3004(m) and 3004(g)(4)(c) ...... 3/17/00. active waste mixed with the newly list- [insert FR page numbers.]. ed and identified wastes, including soil and debris (Vacated organobromine wastes).

*******

* * * * * Appendix A to § 302.4 [Amended] ENVIRONMENTAL PROTECTION AGENCY PART 302ÐDESIGNATION, 16. Appendix A to § 302.4— REPORTABLE QUANTITIES, AND Sequential CAS Registry Number List of 40 CFR Part 300 NOTIFICATION CERCLA Hazardous Substances is [FRL±6561±9] amended by removing the entire entry 14. The authority citation for part 302 for CAS Registry Number 118796. National Oil and Hazardous continues to read as follows: [FR Doc. 00–6393 Filed 3–16–00; 8:45 am] Substances Contingency Plan; Authority: 42 U.S.C. 9602, 9603, and 9604; BILLING CODE 6560±50±P National Priorities List Update 33 U.S.C. 1321 and 1361. AGENCY: Environmental Protection § 302.4 [Amended] Agency. ACTION: Notice of deletion of the Sand 15. Section 302.4 is amended by Springs Petrochemical Complex removing the entries in Table 302.4, in Superfund Site from the National their entirety, for ‘‘2,4,6- Priorities List (NPL). Tribromophenol,’’ and for ‘‘K140 Floor sweepings, off-specification product and SUMMARY: The Environmental Protection spent filter media from the production Agency (EPA) announces the deletion of of 2,4,6-tribromophenol.’’ the Sand Springs Petrochemical

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Complex Superfund Site in Oklahoma The EPA identifies sites which appear ACTION: Final rule. from the National Priorities List (NPL). to present a significant risk to public The NPL is appendix B of 40 CFR part health, welfare, or the environment and SUMMARY: The Commission is amending 300, which is the National Oil and maintains the NPL as the list of those its rules to reflect the change of address Hazardous Substances Contingency Plan sites. Deletion of a site from the NPL of the Commission’s headquarters to the (NCP), which EPA promulgated does not affect responsible party Portals II Building. pursuant to section 105 of the liability or impede agency efforts to Comprehensive Environmental recover costs associated with response DATES: Effective March 17, 2000. Response, Compensation, and Liability efforts. FOR FURTHER INFORMATION CONTACT: Act of 1980 (CERCLA), as amended. List of Subjects 40 CFR Part 300 Laurence Schecker, Office of General This action is being taken by EPA and Counsel, (202) 418–1720. the State of Oklahoma, because it has Environmental protection, Air been determined that Responsible pollution control, Chemicals, Hazardous SUPPLEMENTARY INFORMATION: This order Parties have implemented all substances, Hazardous waste, adopted February 29, 2000 amends 47 appropriate response actions required. Intergovernmental relations, Penalties, CFR 1.13(a)(1), to reflect the change of Moreover, EPA and the State of Reporting and recordkeeping address of the Commission’s Oklahoma have determined that requirements, Superfund, Water headquarters to the Portals II Building, remedial actions conducted at the site to pollution control, Water supply. 445 12th Street, SW, Washington, DC date remain protective of public health, Gregg A. Cooke, 20554. The Commission’s rules are welfare, and the environment. Regional Administrator, Region VI. amended as set forth: EFFECTIVE DATE: March 17, 2000. 40 CFR part 300 is amended as List of Subjects in 47 CFR Part 1 follows: FOR FURTHER INFORMATION CONTACT: Practice and procedure. Shawn Ghose, M.S., P.E. at (214) 665– PART 300Ð[AMENDED] 6782, Remedial Project Manager, (6SF– Federal Communications Commission. AP), Superfund Division, U.S. EPA— 1. The authority citation for part 300 Magalie Roman Salas, continues to read as follows: Region 6, 1445 Ross Avenue, Dallas, TX Secretary. 75202. Information on the site is Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. available at the local information 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, Rule Change repository located at: Page Memorial 1991 Comp.; p. 351; E.O. 12580, 52 FR 2923, Library, 6 East Broadway, Sand Springs, 3 CFR, 1987 Comp.; p. 193. For the reasons discussed in the Oklahoma 74063. Requests for Appendix B—[Amended] preamble, the Federal Communications comprehensive copies of documents Commission amends 47 CFR part 1 as should be directed formally to the 2. Table 1 of Appendix B to part 300 follows: Regional Docket Office. The Region 6 is amended by removing the site Sand Public Docket is located at EPA Region Springs Petrochemical Complex, Sand PART 1ÐPRACTICE AND 6 Library (6MD–II), 12th Floor, 1445 Springs, Oklahoma. PROCEDURE Ross Avenue, Dallas, Texas 75202–2733, [FR Doc. 00–6712 Filed 3–16–00; 8:45 am] (214) 665–6424 or 665–6427. BILLING CODE 6560±50±U 1. The authority citation for Part 1 continues to read as follows: SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is Sand Springs Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. FEDERAL COMMUNICATIONS 151, 154(i), 154(j), 155, 225, 303(r) and 309. Petrochemical Complex located at Sand COMMISSION Springs, Oklahoma. A Notice of Intent 2. In 47 CFR 1.13(a)(1) remove the to Delete for this site was published 47 CFR Part 1 words ‘‘Room 614, 1919 M Street NW’’ August 2, 1999 (64 FR 41875). The [DA 00±447] and add, in their place, the words closing date for comments on the Notice ‘‘Room 8–A741, 445 12th Street, SW.’’ of Intent to Delete was extended to Change of Address October 25, 1999. EPA received no [FR Doc. 00–6461 Filed 3–16–00; 8:45 am] comments and, therefore, no AGENCY: Federal Communications BILLING CODE 6712±01±U Responsiveness Summary was prepared. Commission.

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Proposed Rules Federal Register Vol. 65, No. 53

Friday, March 17, 2000

This section of the FEDERAL REGISTER November 15, 1998. The report own standards. Those appointed under contains notices to the public of the proposed recommended that OPM explore Schedule B must meet OPM issuance of rules and regulations. The paralleling the excepted service ‘‘hiring qualification standards for the positions purpose of these notices is to give interested standards’’ of adults with psychiatric in question. persons an opportunity to participate in the disabilities with the excepted service rule making prior to the adoption of the final Currently, there are two rules. ‘‘hiring standards’’ of individuals with Governmentwide excepted appointing mental retardation and severe physical authorities for specific categories of disabilities. After reviewing, we agree individuals with psychiatric disabilities. OFFICE OF PERSONNEL that the ‘‘hiring standards’’ for Schedule A excepted appointing MANAGEMENT employing individuals with severe authority 213.3102(h) is used to appoint physical disabilities, mental retardation, former patients of Federal mental 5 CFR Parts 3, 213, and 315 and psychiatric disabilities should be institutions who are partially recovered. RIN 3206±AI94 the same. Appointments are made to positions at The first step is amending the Civil Federal mental institutions only, Appointments of Persons With Service Rules to broaden the category of because the persons still need the Psychiatric Disabilities people who may noncompetitively support and structure that the convert from the excepted service to the institutions provide. AGENCY: Office of Personnel competitive service. Currently under the Schedule B excepted appointing Management. Governmentwide Schedule A excepted authority 213.3202(k) is used to update ACTION: Proposed rule. service authorities 5 CFR 213.3102(t) the job skills of individuals whose and (u), employees with mental SUMMARY: The Office of Personnel psychiatric disabilities are severe retardation and severe physical Management (OPM) is issuing proposed enough to cause significant disruption disabilities are able to acquire regulations to create a new to their employment. The appointments competitive status after two years of Governmentwide excepted appointing help establish a successful performance satisfactory service. Executive Order authority, with noncompetitive record to counteract employer 13124, signed June 4, 1999, now permits conversion to the competitive service prejudice. adults with psychiatric disabilities the authorized by Executive Order 13124, same opportunity for noncompetitive In order to parallel employment for persons with psychiatric disabilities. conversion. In order for agencies to opportunities for all individuals with The proposed regulations also abolish appoint adults with psychiatric psychiatric disabilities with those two excepted service appointing disabilities, we are proposing the appointed under 5 CFR 213.3102(t) and authorities that relate to persons with following. (u) (the appointing authorities for those psychiatric disabilities, and make with severe physical disabilities and technical corrections to reflect the Creating a New Governmentwide mental retardation), Executive Order proposed changes. Schedule A Excepted Appointing 13124 was signed June 4, 1999. The DATES: Written comments will be Authority Executive Order amended the Civil considered if received on or before May By way of background, OPM has Service Rules to permit noncompetitive 16, 2000. authority to except some positions from conversion of persons with psychiatric ADDRESSES: Send or deliver written competitive examining procedures disabilities in the excepted service to comments to Mary Lou Lindholm, under Schedules A and B when it is the competitive service. Associate Director for Employment, determined that examining is After evaluating the two current Office of Personnel Management, Room impracticable for those positions, or that excepted appointing authorities for 6500, 1900 E Street, NW., Washington, open competition cannot take place. persons with psychiatric disabilities, we DC 20415–9000. Excepted authorities listed in 5 CFR part felt they were not defined broadly FOR FURTHER INFORMATION CONTACT: John 213 under Schedules A and B enough to encompass all persons with Riedel-Alvarez or Paul Robinson on (§ 213.3102 or 3202) may be used by any psychiatric disabilities. Therefore, we (202) 606–1059, TTY (202) 606–0023, or agency covered under title 5 appointing are proposing a new Governmentwide FAX (202) 606–0927. procedures to appoint individuals based Schedule A excepted appointing SUPPLEMENTARY INFORMATION: On March on the criteria outlined in the authority. authority 213.3102(gg). The authority 13, 1998, the President addressed the Agencies may also obtain specific would permit a person with a underemployment of people with Schedule A and B authorities for their psychiatric disability who either served disabilities by signing Executive Order own use. To do so, the agency must under a competitive service temporary 13078 establishing the Presidential Task demonstrate to OPM that the appointment, or is certified by a State Force on Employment of Adults with competitive examining process cannot vocational rehabilitation office or the Disabilities. The Task Force’s mission is be used for the position(s) the agency U.S. Department of Veterans Affairs, to to create a coordinated and aggressive wishes to place in Schedule A or B. be appointed for any job for which they national policy to bring adults with Employment of individuals under qualify and meet suitability disabilities into gainful employment at Schedules A and B follows the requirements. After two years of a rate as close as possible to that of the guidelines in 5 CFR part 302. Those satisfactory job performance under the general adult population. appointed under Schedule A do not (gg) authority, agencies may The Task Force issued their first have to meet OPM qualification noncompetitively convert them to the report, ‘‘Recharting the Course,’’ on standards; agencies may develop their competitive service.

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Because the new Governmentwide PART 3ÐNONCOMPETITIVE Secs. 315.602 and 315.604 also issued authority is broad enough to encompass ACQUISITION OF STATUS (RULE III) under 5 U.S.C. 1104. those individuals who may currently Sec. 315.603 also issued under 5 U.S.C. qualify for appointments under 5 CFR 1. The authority citation for part 3 3151. continues to read as follows: Sec. 315.605 also issued under E.O. 12034, 213.3102(h) and 213.3202(k), we 3 CFR, 1978 Comp., p. 111. propose abolishing these two appointing Authority: 5 U.S.C. 3301, 3302. Sec. 315.606 also issued under E.O. 11219, authorities. Individuals currently 2. In § 3.1, paragraph (b)(3) is added 3 CFR, 1964–1965 Comp., p. 303. appointed to these authorities would be to read as follows: Sec. 315.607 also issued under 22 U.S.C. given new appointments under 2506. 213.3102(gg). Current service under 5 § 3.1 Classes of persons who may Sec. 315.608 also issued under E.O. 12721, CFR 213.3102(h) and 213.3202(k) would noncompetitively acquire status. 3 CFR, 1990 Comp., p. 293. Sec. 315.610 also issued under 5 U.S.C. count toward the two-year service * * * * * 3304(d). requirement of the new (gg) authority. (b) * * * Sec. 315.710 also issued under E.O. 12596, Individuals would be eligible for (3) An employee with a psychiatric 3 CFR, 1987 Comp., p. 229. noncompetitive conversion after serving disability who completes at least 2 years Subpart I also issued under 5 U.S.C. 3321, two years total under the old (h) and (k) of satisfactory service in a position E.O. 12107, 3 CFR, 1978 Comp., p. 264. authorities and the new (gg) authority excepted from the competitive service. 8. Section 315.709 is amended by combined. Agencies may not require revising the section heading, the individuals to serve under a competitive PART 213ÐEXCEPTED SERVICE introductory text of paragraphs (a), temporary appointment, or begin new 3. The authority citation for part 213 (a)(1), and (b)(2) to read as follows: two-year service periods under the (gg) continues to read as follows: authority, if individuals are currently § 315.709 Employees who are mentally serving under the (h) and (k) authorities Authority: 5 U.S.C. 3301 and 3302, E.O. retarded, severely physically handicapped, or have psychiatric disabilities serving and are moved to the new authority. 10577, 3 CFR 195401958 Comp., p. 218; § 213.101 also issued under 5 U.S.C. 2103; under Schedule A appointments. Amending Civil Service Rule III § 213.3102 also issued under 5 U.S.C. 3301, (a) Coverage. Employees appointed 3302, 3307, 8337(h) and 8456; E.O. 12364, 47 under §§ 213.3102(t), (u), and (gg) of this To reflect the Executive Order FR 22931, 3 CFR 1982 Comp., p. 185; 38 chapter may have their appointments permitting noncompetitive conversion U.S.C. 4301 et seq.; and Pub. L. 105–339. converted to career or career-conditional of adults with psychiatric disabilities, 4. In § 213.3102, paragraph (h) is appointments when they: we are amending § 3.1 to add these removed and reserved. (1) Complete 2 or more years of employees to the list of individuals who 5. In § 213.3102, paragraph (gg) is satisfactory service, without a break of may noncompetitively acquire status. added to read as follows: more than 30 days, under nontemporary Schedule A appointments. Amend Part 315 § 213.3102 Entire executive civil service. * * * * * We propose amending § 315.709 to * * * * * (b) * * * reflect the addition of those with (gg) Positions when filled by persons (2) A career employee if he or she has psychiatric disabilities to the list of with psychiatric disabilities who: completed 3 years of substantially employees who may be (1) Under a temporary appointment continuous service in nontemporary noncompetitively converted to the have demonstrated their ability to appointments under §§ 213.3102(t), (u), competitive service. perform the duties satisfactorily; or or (gg) of this chapter, or has otherwise (2) Are certified by a State vocational completed the service requirement for Regulatory Flexibility Act rehabilitation counselor, or a U.S. career tenure, or is excepted from it by I certify that these regulations will not Department of Veterans Affairs Veterans § 315.201(c). have a significant economic impact on Benefits Administration or Veterans * * * * * Health Administration psychologist, a substantial number of small entities [FR Doc. 00–6625 Filed 3–16–00; 8:45 am] vocational rehabilitation counselor, or (including small businesses, small BILLING CODE 6325±01±P organizational units, and small psychiatrist, as likely to succeed in the governmental jurisdictions) because the performance of the duties of the position. Upon completion of 2 years of regulations apply only to appointment DEPARTMENT OF AGRICULTURE procedures for certain employees in satisfactory service under this authority, Federal agencies. the employee may qualify for Office of the Secretary conversion to competitive status under E.O. 12866, Regulatory Review the provisions of Executive Order 12125 7 CFR Part 6 as amended by Executive Order 13124. This rule has been reviewed by the * * * * * RIN 0551±AA59 Office of Management and Budget in 6. In § 213.3202, paragraph (k) is accordance with Executive Order 12866. Licensing for Certain Sugar-Containing removed and reserved. Products Under Tariff-Rate Quota List of Subjects in 5 CFR Parts 3, 213, and 315 PART 315ÐCAREER AND CAREER- AGENCY: Office of the Secretary, USDA. CONDITIONAL EMPLOYMENT ACTION: Proposed rule. Government employees. 7. The authority citation for part 315 U.S. Office of Personnel Management. SUMMARY: This proposed rule provides continues to read as follows: for licensing of imports of sugar- Janice R. Lachance, Authority: 5 U.S.C. 1302, 3301, 3302; E.O. containing products which enter under Director. 10577, 3 CFR 1954–1958 Comp., p. 218, the tariff-rate quota (TRQ) provided for Accordingly, OPM is proposing to unless otherwise noted. in Additional U.S. Note 8 to chapter 17 amend parts 3, 213, and 315 of title 5, Secs. 315.601 and 315.609 also issued of the Harmonized Tariff Schedule of Code of Federal Regulations, as follows: under 5 U.S.C. 3651 and 3652. the United States (HTS).

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DATES: Comments should be received on otherwise interfere with an action taken Coordinator, at (202) 720–2568 or e-mail or before April 17, 2000 to be assured or planned by another agency; (2) at [email protected]. of consideration. materially alter the budgetary impact of The information collection is ADDRESSES: Comments should be entitlements, grants, user fees, or loan necessary to enable FAS to implement mailed or delivered to Diana programs, or the rights and obligations and administer the licensing system that Wanamaker, Import Policies and of recipients; or (3) raise novel legal or will be established by the proposed rule. Programs Division, Foreign Agricultural policy issues arising out of legal The proposed rule will require eligible Service, 1400 Independence Avenue mandates, the President’s priorities, or applicants for historical or nonhistorical SW, STOP 1021, U.S. Department of the principles set forth in Executive licenses to submit a letter of application Agriculture, Washington, DC 20250– Order 12866. to the Department for each TRQ year 1021. Comments received may be Regulatory Flexibility Act that a license is being requested. All inspected between 10 a.m. and 4 p.m. at applicants shall provide the standard room 5541–S, 1400 Independence The Regulatory Flexibility Act business information set forth in § 6.53 Avenue SW, Washington, DC 20250– ensures that regulatory and information (e.g., address, fax number). For 1021. requirements are tailored to the size and applicants for historical licenses, FOR FURTHER INFORMATION CONTACT: nature of small businesses, small § 6.53(c)(8) also requires that: (1) Diana Wanamaker at the address above, organizations, and small governmental Importers of sugar-containing products or telephone at 202–720–2916, or e-mail jurisdictions. This proposed rule will entered in retail size containers, submit at [email protected]. not have a significant economic impact either U.S. Customs Service Forms 7501 SUPPLEMENTARY INFORMATION: on a substantial number of small to document entries during the entities. Participation in the programs is representative period, or submit a Executive Order 12866 voluntary. Direct and indirect costs are summary listing of such import entries; This proposed rule has been classified likely to be very small as a percentage and (2) buyers of imports in bulk form as ‘‘not significant.’’ In conformity with of revenue and in terms of absolute which were packaged or processed in this designation, except for costs. The minimal regulatory the United States by or for the account requirements under the Paperwork requirements impact large and small of an applicant, submit supporting Reduction Act of 1995, the rule has not businesses equally, and the licensing documentation (e.g., purchase orders) been reviewed by the Office of program should improve small that provides a record of the quantities Management (OMB). The provisions of businesses’ cash flow and liquidity. of bulk imports that were entered during the representative period for processing this proposed rule would not: (1) Result Paperwork Reduction Act in an annual effect on the economy of or packaging in the United States. In $100 million or more; (2) adversely The paperwork and record keeping addition, all applicants for historical affect, in a material way, the economy, requirements must be approved by the licenses shall submit a notarized a sector of the economy, productivity, Office of Management and Budget certification statement that the competition, jobs, the environment, (OMB) pursuant to the Paperwork information submitted is true and public health or safety, or State, local, Reduction Act of 1995. A Paperwork accurate. or tribal governments or communities; Reduction Act submission has been The estimated public reporting or (3) regulate issues of human health, prepared for the proposed rule and burden for the information collection for human safety, or the environment. copies of the information collection may the three years period for which OMB Furthermore, the proposed rule would be obtained from Kimberly Chisley, the approval is being requested is indicated not: (1) Create a serious inconsistency or Agency Information Collection in following table:

ESTIMATED ANNUAL REPORTING BURDEN

3 year Year 1 Year 2 Year 3 average

Number of respondents ...... 20 20 20 20 Responses per respondent ...... 1 1 1 1

Total annual burden in hours ...... 91.25 5.00 5.00 33.75

The estimated burden hours in the from other countries, and the The total average hourly burden for first TRQ year is higher than in the information collection will take an the three TRQ years will be 33.75 hours. second and third TRQ years because the estimated 6 hours per applicant (total 90 The total estimated average cost supporting documentation required to hours); (2) five applicants will apply for associated with the information establish eligibility for a historical a nonhistorical license and the collection, based on costs of preparing license will be compiled and submitted information collection will take an similar information collections, for the in that TRQ year. Once eligibility for a estimated 15 minutes per applicant three TRQ years will be $1,012.50. historical license is established, (total 1.25 hours). During the second The Department requests comments on: (a) Whether the proposed collection applicants will be required only to and third TRQ years, it is estimated that of information is necessary for the submit the standard business 20 applicants will apply for either information and certification statement. proper performance of the functions of During the first TRQ year, it is renewal of a historical licenses or the agency, including whether the estimated that: (1) Five applicants will issuance of a nonhistorical license. The information will have practical utility; apply for a historical license to import information collection will take an (b) the accuracy of the agency’s estimate from Canada, and 10 applicant will estimated 15 minutes per applicant of the burden of the proposed collection apply for a historical license to import (total 5 hours). of information; (c) ways to enhance the

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L. collection techniques or other form of no additional cost or burden on the 103–65; 108 Stat. 4809), Congress information technology. Comments on states, nor affect the state’s abilities to approved the Uruguay Round the information collection should be discharge traditional State governmental Agreements, including the General sent to the Office of Information and functions. Agreement on Tariffs and Trade 1994. Presidential Proclamation 6763 of Regulatory Affairs, Office of Executive Order 12606 Management and Budget, Room 10202, December 23, 1994, implemented the New Executive Office Building, Executive Order 12606 requires that Uruguay Round Agreements (URAA). Washington, DC 20503. Attention: Desk government action include The Proclamation terminated section 22 Officer for USDA/FAS. Comments on consideration of maintaining stability quotas; proclaimed TRQs for such the issues covered by the Paperwork and strengthening the family. The articles; and modified the HTS Reduction Act should be submitted no Secretary of Agriculture has determined, accordingly. Under the HTS, Additional later than 60 days from the date of under the principles and criteria U.S. Note 3 to chapter 17 defines the publication to be assured of established in Executive Order 12606, term sugar-containing products consideration. that this proposed rule will have no containing over 10 percent by dry effect on the family. weight of sugar. Additional U.S. Note 8 Executive Order 12988 Executive Order 12630 to chapter 17 provides that the aggregate This proposed rule has been reviewed quantity of articles described in under Executive Order 12988. The This Order requires careful evaluation Additional U.S. Note 3 which are provisions of this proposed rule would of governmental actions that interfere entered under 10 specific HTS numbers not have preemptive effect with respect with constitutionally protected property are subject to a TRQ which limits to any state or local laws, regulations, or rights. This proposed rule would not imports entered from October 1 through policies which conflict with such interfere with any property rights and, September 30 to 64,709 metric tons. provision or which otherwise impede therefore, does not need to be evaluated Imports from Mexico are not permitted their full implementation. The proposed on the basis of the criteria outlined in entry under this TRQ. Executive Order 12630. rule would not have retroactive effect. Bilateral Agreement Administrative proceedings are not Background required before parties may seek judicial Subsequent to the Uruguay Round, Previous Quotas review. the United States and Canada entered Presidential Proclamation 5294 of into a bilateral agreement (September 4, National Environmental Policy Act June 28, 1985 imposed absolute quotas 1997). As a result of that agreement, the The Secretary of Agriculture has on imports of certain sugar-containing United States Trade Representative determined that this action will not products pursuant to the provisions of announced on September 16, 1998, have a significant affect on the quality section 22 of the Agricultural (effective October 1, 1998) an allocation of the human environment. Therefore, Adjustment Act of 1933, as amended (7 of 59,250 metric tons to Canada for neither an Environmental Assessment U.S.C. 624). Action was taken to restrict certain sugar-containing products nor an Environmental Impact Statement imports which were entering the United entered under the TRQ set forth in U.S. is necessary for this proposed rule. States in circumvention of the absolute Additional Note 8 of chapter 17 of the quota on imports of raw sugar and were HTS. This allocation was based on Executive Orders 12372 and 12875, and entering under such conditions and in Canada’s historical exports to the the Unfunded Mandates Reform Act such quantities as to cause or threaten United States. In addition, an allocation (Pub. L. 104–4) to cause material interference with the to other countries (excluding Canada) of These Executive Orders and Public price support program for sugar beets 5,459 metric tons became effective on Law 104–4 require intergovernmental and sugar cane. Presidential October 1, 1998. review of programs. This proposed rule Proclamation 5340 of May 17, 1985, The United States and Canada also does not impose an unfunded mandate modified these section 22 quotas to signed a Record of Understanding or any other requirement on state, local limit their scope to imports containing Regarding Areas of Agricultural Trade or tribal governments. Further, the over 10 percent by dry weight of sugar, (December 4, 1998) which requires program is national in scope and and to exclude ‘‘articles not principally export permits issued by the Canadian involves a power delegated to the of crystalline structure or not in dry Government to accompany imports of United States by the Constitution to amorphous form that are prepared for articles containing more than 10 percent regulate international trade. marketing to the retail consumers in the by dry weight of sugar as a condition of Accordingly, these programs are not identical form and package in which entry under this TRQ, effective February subject to the provisions of Executive imported.’’ 4, 2000. On June 11, 1999, the Canadian Order 12372, Executive Order 12875, or Government issued the Notice to Uruguay Round Commitment on TRQs the Unfunded Mandates Reform Act. Exporters No. 117 pursuant to the On April 15, 1994, the President Export and Import Permits Act which Executive Order 12612 entered into trade agreements resulting governs the issuance of export permits Executive Order 12612 requires from the Uruguay Round of multilateral for each shipment of sugar-containing implications of ‘‘federalism’’ be trade negotiations (‘‘Uruguay Round products covered by the U.S. TRQ. For considered in the development of Agreements’’). As part of those each of three years beginning in 1999/ regulations. The Secretary of agreements, countries agreed that all 2000, six percent of each licensee’s bulk Agriculture certifies that this proposed systems of absolute quotas for all shipment allocation will be converted to

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Applicants will be requested to Implementation of TRQs of export permits from the Government submit applications by August 30 in of Canada). Section 404(a) of the URAA, 19 U.S.C. order for licenses to be issued by 3601(a), directs the President to take October 1. An application for a List of Subjects in 7 CFR Part 6 such action as may be necessary in nonhistorical license must provide the Agricultural commodities, implementing Uruguay Round TRQs standard business information required Agricultural trade, Exports, Imports, (set forth in Schedule XX—United in § 6.53(b). An application for a Sugar. States of America, annexed to the historical license must provide the Accordingly, the regulations at 7 CFR Marrakesh Protocol to the General standard business information required part 6 are proposed to be amended by Agreement on Tariffs and Trade 1994) to in § 6.53(c), and the supporting adding a new subpart, Licensing for ensure that imports of agricultural documentation and certification Certain Sugar-Containing Products products do not disrupt the orderly statement required in § 6.53(c)(8) with Under Tariff-Rate Quota, to read as marketing of commodities in the United respect to transactions during the follows: States. representative base period. In Subpart ÐLicensing for Certain Sugar- Presidential Proclamation 6763 subsequent TRQ years, historical Containing Products Under Tariff-Rate delegated authority under the statutes licenses may be renewed for the same Quota cited in the proclamation, including quantity from the same country without section 404(a), to the Secretary of Sec. re-submission of supporting 6.50 Definitions. Agriculture, the Secretary of the documentation. An applicant issued a 6.51 Requirements for a license. Treasury, and the United States Trade historical license is not eligible for a 6.52 Eligibility for a license. Representative, as necessary to perform nonhistorical license. 6.53 Application for a license. functions assigned to them to License Issuance—Of the total TRQ 6.54 Allocation of licenses. implement the proclamation. quantity of 64,709 metric tons, 59,250 6.55 Surrender and reallocation. Presidential Proclamation 7235 of metric tons will be issued for licenses to 6.56 License use and license expiration. October 7, 1999, delegated authority import from Canada and 5,459 metric 6.57 Debarment and suspension. under section 404(a) to administer the tons will be issued to import from other 6.58 Globalization or suspension of licenses. TRQs relating to agricultural products to countries. All licenses will specify a 6.59 License fee. the United States Trade Representative quantity and the country of origin. and delegated authority to the Secretary Historical license quantities will be Subpart ÐLicensing for Certain Sugar- of Agriculture to issue licenses based on an applicant’s supporting Containing Products Under Tariff-Rate governing the importation of such documentation submitted under Quota products under the applicable TRQs. § 6.53(c)(8). Nonhistorical license Authority: Proc. 7235 of October 7, 1999, The Secretary of Agriculture exercises quantities will be based on the TRQ 64 FR 55609; Additional U.S. Note 8 to such licensing authority in consultation quantities not allocated to historical chapter 17 of the Harmonized Tariff with the United States Trade licenses and the number of applicants Schedule of the United States and General Representative. for nonhistorical licenses. Once licenses Note 15 of the Harmonized Tariff Schedule are issued, licensees will be responsible of the United States (19 U.S.C. 1202), Pub. L. Proposed Rule for maintaining records on license 97–258, 96 Stat. 1051, as amended (31 U.S.C. This proposed rule specifies which 9701); Pub. L. 103–465, secs. 103, 104, 108 usage. Stat. 4819 (19 U.S.C. 3513, 3601). sugar-containing products may be The Secretary of Agriculture has entered only by or for the account of a determined that this subpart will, to the § 6.50 Definitions. person to whom a license has been fullest extent practicable, result in fair As used in this subpart, the following issued. Licenses issued pursuant to the and equitable allocation of the right to terms mean: provisions of this subpart will permit a import articles subject to such TRQ. The Agent for service of process. A person license holder to import quantities of subpart will also maximize utilization of upon whom legal papers can be served. the subject articles into the United the TRQ for such articles, taking due Article or sugar-containing article. States at the applicable TRQ rate of account of any special factors which Any sugar-containing products duty. Imports may enter without an may have affected or may be affecting described in Additional U.S. Note 3 to import license (with certain exceptions) the trade in the articles concerned. chapter 17 of the Harmonized Tariff at the applicable high-tier rate of duty. The Department invites comments on Schedule of the United States (HTS) and License Eligibility—Eligibility for all aspects of the proposed rule listed in Additional U.S. Note 8 to either a historical or nonhistorical including the: eligibility and chapter 17 of the HTS. license requires that a person have a performance requirements for historical Commercial entry. Any entry except business office in the United States, be licenses; representative historical those made by or for the account of the doing business in the United States, and period; percentage of the total TRQ that United States Government or for a have an agent for service of process. should be set aside for new entrants to foreign government, for the personal use Eligibility for a historical license also establish themselves in the sugar- of the importer or for sampling, taking requires that an applicant, during the containing products business; minimum orders, research, or the testing of representative base period, must have license sizes for nonhistorical licenses equipment. imported sugar-containing products for imports in bulk and retail size Country. Country of origin as under the TRQ and have been either: (1) packages; costs and unintended market determined in accordance with Customs An importer of sugar-containing consequences of the licensing rules and regulations (19 CFR chapter I).

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Department. The United States documentation identifying the article, of its contract to supply the articles, act Department of Agriculture. quantity to be imported, its location, of God, or force majeure. Licensee. A person to whom a license intended use, an entry number and the has been issued under this subpart. importer of record. The Licensing § 6.53 Application for a license. Licensing authority. The person Authority may also require as a (a) A person seeking a license shall designated by the Director of the Import condition of import that the article be apply in writing to the Licensing Policies and Programs Division (or its destroyed or re-exported after such use; Authority. An application for a license successor organization) of the Foreign or should be submitted between May 1 and Agricultural Service to administer the (4) Such person importing the article August 30 in order for the Licensing licensing program. pays the applicable high-tier rate of Authority to issue licenses by October 1. Other countries. Countries other than duty. However, applications may be Canada. submitted at any time during the TRQ Person. An individual, firm, § 6.52 Eligibility for a license. year, and licenses may be issued based corporation, partnership, association, (a) Eligibility to apply for a on TRQ quantities remaining trust, estate or other legal entity. nonhistorical license. A person may unallocated. Representative base period. October 1, apply for a license for each TRQ year (b) Nonhistorical license. A person 1996 through September 30, 1999, provided such person has: meeting the eligibility requirements of inclusive. (1) A business office, and is doing § 6.52(a) may apply for a nonhistorical Tariff-rate quota quantity or TRQ business, in the United States, and license. The letter of application shall quantity. The aggregate quantity of (2) An agent in the United States for state the: sugar-containing products provided for service of process. (1) Name of the applicant and the in Additional U.S. Note 8 of chapter 17 (b) Eligibility to apply for a historical firm; of the HTS. license. In addition to meeting the (2) Address of the firm; TRQ year. The 12-month period requirements of paragraph (a) of this (3) Name of agent for service of beginning on October 1 of any year section, a person may apply for a process; through September 30 of the following historical license provided such person (4) Telephone and fax numbers for the year, inclusive. was either: firm; United States. The Customs Territory (1) A buyer of sugar-containing (5) IRS number under which the of the United States, which is limited to products that were imported in bulk applicant is conducting business; the 50 states, the District of Columbia, form during the representative base (6) Whether a license is being and Puerto Rico. period under the TRQ set forth in requested for entry of product only for Additional U.S. Note 8 to chapter 17 of Canada, other countries, or both; and § 6.51 Requirement for a license. the HTS and were processed or (7) License quantity being requested. (a) General rule. Except as provided in packaged in the United States by, or for (c) Historical license. A person paragraph (b) of this section, a person the account of such person; or meeting the eligibility requirements of who seeks to enter into the Customs (2) An importer of record of imports § 6.52(a) and (b) may apply for a Territory of the United States sugar- of retail size packaged sugar-containing historical license. The letter of containing products subject to the TRQ products entered during the application shall state the: established by Additional U.S. Note 8 to representative base period under the (1) Name of the applicant; chapter 17 of the HTS shall obtain a TRQ set forth in Additional U.S. Note 8 (2) Address of the applicant; license in TRQ year 2001 and to chapter 17 of the HTS. (3) Name of agent for service of subsequent TRQ years in accordance (3) Eligibility for a historical license process; with this subpart. Such license shall be for imports from Canada and/or from (4) Telephone and fax numbers for the presented to the U.S. Customs Service at other countries requires that the criteria applicant; the time and place of importation of of paragraphs (b)(1) or (2) of this section (5) IRS number under which the such sugar containing products. be met for Canada and/or other applicant is conducting business; (b) Exceptions. Licenses are not countries, respectively. (6) Whether a license is being required if: (c) Exceptions. (1) Any licensee that requested for entry of product only from (1) The article is imported by or for fails in a TRQ year to enter at least 95 Canada, other countries, or both; the account of any agency of the U.S. percent of the amount permitted under (7) License quantity being requested; Government; a license, shall not be eligible to receive and (2) The article is imported for the a license for the next TRQ year. For (8) For a first time historical license, personal use of the importer, provided purposes of this paragraph, the amount provide the information in paragraphs that the net weight does not exceed five permitted entry under a license will (c)(8)(i) and (ii) of this section. For kilograms in any one shipment; exclude any license amount surrendered renewal of a historical license share in (3) The article imported will not enter pursuant to § 6.55(a), but will include subsequent TRQ years, submission of the commerce of the United States and an additional amount received pursuant information in paragraph (c)(8)(i) is not is imported as a sample for taking to § 6.55(c). Failure to meet the 95 required. The information to be orders, for exhibition, for display or percent license utilization requirement provided is: sampling at a trade fair, for research, for for a historical license will result in (i) The total quantity of imports from testing of equipment; or for use by cancellation of that license and the Canada and from other countries for embassies of foreign governments. transfer of that license amount to each of the TRQ years in the Written approval of the Licensing nonhistorical licenses. representative base period (October 1, Authority shall be obtained prior to (2) Paragraph (c)(1) of this section will 1996 through September 30, 1999) that entry, and the importer of record (or a not apply where the licensee was imported in bulk form and broker or agent acting on its behalf) demonstrates to the satisfaction of the packaged or processed in the United shall provide to the Licensing Licensing Authority that the failure States by or for the account of the Authority, prior to the release of such resulted from breach by a carrier of its applicant, or imported in retail size articles, the appropriate Customs contract of carriage, breach by a supplier packages by, or for, the account of the

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14483 applicant. Where the applicant seeks to historical share. Any supplementary Customs Service regulations relating to establish eligibility on the basis of quantities added to a historical license tariff-rate quotas. imports of sugar-containing products in any TRQ year will depend on TRQ (d) A licensee shall not obtain or use entered in retail size containers, the quantities available. A person issued a a license for speculation, brokering, or application shall include either Customs historical license will not be issued a offering for sale, or permit any other Form 7501 to document entries from nonhistorical license. person to use the license for profit. Canada and from other countries during (b) Nonhistorical licenses. Allocation (e) A licensee shall not transfer a the representative base period, or of nonhistorical license quantities will license to another person. include a summary listing of import be based on the quantities remaining (f) If a licensee sells, transfers, or entry numbers, the quantity entered after TRQ quantities have been allocated conveys its business involving sugar- under the entry number, and date of to historical licenses, license quantities containing products covered by this entry for imports during the requested in the applications, and the subpart, the license will expire. representative base period. Where the number of applicants. applicant seeks to establish eligibility (c) Of the total TRQ quantity of 64,709 § 6.57 Debarment and suspension. on the basis of imports of sugar- metric tons, import licenses for 59,250 The Government-wide Debarment and containing products entered in bulk metric tons shall be allocated to Canada, Suspension (Nonprocurement) form, the application shall include and import licenses for 5,459 metric regulations and Government supporting documentation that provides tons shall be allocated to other Requirements for Drug-Free Workplace a record of those quantities imported in countries. (Grants), 7 CFR part 3017—Subparts A bulk form from Canada and from other (d) Any TRQ amount not allocated by through E, apply to this subpart. countries to be packaged or processed in October 1 may be allocated by the § 6.58 Globalization or suspension of the United States by or for the account Licensing Authority in any manner licenses. of the applicant. deemed equitable. (ii) The applicant shall submit a (a) If the Licensing Authority notarized certification statement that the § 6.55 Surrender and reallocation. determines that entries of sugar- applicant, or a duly authorized agent, (a) If a licensee determines that it will containing products are likely to fall was engaged in importing, processing, not enter the entire amount of an article short of a country’s allocated quantity, or packaging sugar-containing products permitted under its license, such the Licensing Authority may permit, imported under the TRQ set forth in licensee should surrender its licensee with the approval of the Office of the Additional U.S. Note 8 to chapter 17 of right to enter the amount that it does not United States Trade Representative, the the HTS during the representative base intend to enter. Surrender shall be made applicable licensees to enter the period; the applicant meets the to the Licensing Authority in writing remaining balance of their license from eligibility requirements in § 6.52; and not later than July 1. Any surrender any country during the remainder of the that the reported quantities of imports of shall be final and shall be only for that TRQ year. Requests for consideration of sugar-containing products entered TRQ year. The amount of the license not such adjustments shall be submitted to during the representative base period for surrendered shall be subject to the the Licensing Authority no later than which the applicant was the importer, license utilization requirement of July 1 of any TRQ year. packer, or processor is true and § 6.52(c)(1). (b) If the Licensing Authority accurate. (b) For each TRQ year, the Licensing determines that entries of sugar- Authority will, to the extent practicable, containing products under all import § 6.54 Allocation of licenses. reallocate any amounts surrendered. licenses have been less than 85 percent (a) Historical licenses. Allocation of (c) Any person who has been issued of the aggregate TRQ quantity, due to historical licenses will be based on a license for a TRQ year may apply to the failure of the licensees to make good documentation submitted under receive an additional license, or an faith efforts to procure substantially the § 6.53(c)(8). For each applicant, a addition to an existing license for a full quantity of articles covered by their renewable historical share for Canada, portion of the amount being reallocated. licenses, the Licensing Authority may other countries, or both will be The Licensing Authority will issue a suspend the import licensing system calculated on the basis that applicant’s notice to licensees after July 1 advising with the approval of the Office of the imports of sugar-containing products licensees of the application period. Any United States Trade Representative. entered under Additional U.S. Note 8 to new license issued shall be subject to (c) If the Licensing Authority chapter 17 during the representative the license utilization requirement of determines that for overriding economic base period for which the applicant was § 6.52(c)(1). For existing licenses, the reasons the licensing system should be either a buyer of sugar-containing combined total of a license amount plus suspended during any TRQ year, the products imported in bulk form which any addition to that license shall be Licensing Authority may temporarily were processed or packaged in the subject to the license utilization suspend the import licensing system United States by, or for the account of requirement of § 6.52(c)(1). with the approval of the Office of the such person; or an importer of record of United States Trade Representative. entries of sugar-containing products § 6.56 License use and license expiration. entered in retail size packages. Once a (a) All articles entered under a license § 6.59 License fee. renewable historical share is shall meet country of origin (a) A fee shall be assessed each TRQ determined, a person may apply for and requirements. year for each historical license and be issued a historical license for the (b) An article entered or withdrawn nonhistorical license issued to defray same quantity from the same supplying from warehouse for consumption under the Department’s costs of administering country in subsequent TRQ years. If an a license must be entered in the name the licensing system. To the extent applicant requests, and is issued, a of the licensee as the importer of record practicable, the fee will be announced historical license in any TRQ year by the licensee or its agent. by the Licensing Authority in a notice which exceeds that person’s renewable (c) Nothing in this subpart shall published in the Federal Register no historical share, that additional amount prevent the use of immediate delivery in later than May 1 of the year preceding does not become part of the renewable accordance with the provisions of U.S. TRQ year for which the fee is assessed.

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(b) The license fee for each license Dairy Programs, Promotion and The proposed amendments also issued is due and payable in full by Research Branch, 1400 Independence would allow a Board member whose mail, postmarked no later than 60 days Avenue, SW, Stop 0233, Room 2958, fluid milk processor company affiliation after issuance of a license for which the South Building, Washington, DC 20250– changes to serve on the Board for a fee is assessed. Fee payments shall be 0233. Advance, unofficial copies of such period of up to six months or until a made by certified check or money order comments may be faxed to (202) 720– successor is appointed, whichever is payable to the Treasurer of the United 0285. Comments should reference the sooner, provided that the eligibility States. title of the action and docket number requirements of the Order are still met. (c) If the license fee is not paid by the and will be made available for public Under current Order provisions, a Board final payment date, a hold will be inspection in Room 2958 South member whose company affiliation placed on the use of the license and no Building during regular business hours. changes may continue to serve on the further articles will be permitted entry Board for a period of up to 60 days or FOR FURTHER INFORMATION CONTACT: until a successor is appointed, under that license until the fee has been David Jamison, Chief, USDA/AMS/ whichever is sooner, provided that such paid. The Licensing Authority shall Dairy Programs, Promotion and send a warning letter by certified mail, member continues to meet the Order’s Research Branch, 1400 Independence eligibility standards. The Board states return receipt requested, advising the Avenue, Room 2958, South Building, licensee that if payment is not mailed that the proposed amendment would Washington, DC 20250–0233, (202) 720– more accurately reflect the time needed within 21 days from the date of the 6909, [email protected]. letter, that the license will be to fill a Board vacancy. permanently revoked. SUPPLEMENTARY INFORMATION: The The Board believes that the proposed Regulatory Flexibility Act (5 U.S.C. amendments would ensure Board Signed at Washington, D.C. on March 9, continuity and full representation and 2000. 601–612) requires the Agency to examine the impact of a proposed rule allow it to operate in an effective and Timothy J. Galvin, on small entities. Small businesses in efficient manner. Administrator, Foreign Agricultural Service. the fluid milk processing industry have The proposed amendments to the [FR Doc. 00–6403 Filed 3–16–00; 8:45 am] been defined by the Small Business Order should not add any burden to BILLING CODE 3410±10±P Administration as those processors regulated parties because they relate to employing more than 500 employees. provisions concerning Board For purposes of determining a membership. Additionally, the DEPARTMENT OF AGRICULTURE processor’s size, if the plant is part of a proposed changes would not impose additional reporting or collecting Agricultural Marketing Service larger company operating multiple plants that collectively exceed the 500- requirements. No relevant Federal rules have been identified that duplicate, 7 CFR Part 1160 employee limit, the plant will be considered a large business even if the overlap, or conflict with this rule. [DA±00±07] local plant has fewer than 500 Accordingly, pursuant to 5 U.S.C. employees. There are approximately 275 605(b), the Agricultural Marketing Fluid Milk Promotion Order; Invitation fluid milk processors subject to the Service has certified that this rule To Submit Comments on Proposed provisions of the Fluid Milk Promotion would not have a significant economic Amendments to the Order Order. Most of these processors are impact on a substantial number of small entities. AGENCY: Agricultural Marketing Service, considered small entities. USDA. The Fluid Milk Promotion Order (7 Executive Order 12866 and the ACTION: Proposed rule. CFR Part 1160) is authorized under the Paperwork Reduction Act Fluid Milk Promotion Act of 1990 (Act) The Department is issuing this SUMMARY: This document invites written (7 U.S.C. 6401 et seq.). The Order proposed rule in conformance with comments on proposals to amend the provides for a 20-member Board with 15 Executive Order 12866. Fluid Milk Promotion Order. The members representing geographic This proposed rule has been reviewed proposed amendments, requested by the regions and five at-large members which under Executive Order 12988, Civil National Fluid Milk Processor include at least three fluid milk Justice Reform. This rule is not intended Promotion Board (Board), which processors and at least one member to have a retroactive effect. If adopted, administers the order, would modify the from the general public. To the extent this proposed rule would not preempt membership status of Board members. practicable, members representing any State or local laws, regulations, or The proposed amendments would allow geographic regions should represent policies unless they present an a fluid milk processor to be represented processing operations of differing sizes. irreconcilable conflict with this rule. by up to 3 members on the 20-member The National Fluid Milk Processor The Fluid Milk Promotion Act of Board and allow a Board member whose Promotion Board has proposed 1990, as amended, authorizes the Fluid fluid milk processor company affiliation amendments to the membership Milk Promotion Order. The Act has changed to serve for a period of up provisions of the Order. The proposed provides that administrative to 6 months or until a successor is amendments would allow up to three proceedings must be exhausted before appointed, whichever is sooner. The representatives of a fluid milk processor parties may file suit in court. Under Board states that the proposed to serve on the 20-person Board. section 1999K of the Act, any person amendments are necessary to ensure Currently, the Order states that a fluid subject to a Fluid Milk Promotion Order Board continuity and full representation milk processor shall be represented on may file with the Secretary a petition and allow it to operate in an efficient the Board by no more than two stating that the Order, any provision of and effective manner. members. The Board indicates that this the Order, or any obligation imposed in DATES: Comments are due no later than proposal is due to changes in the connection with the Order is not in April 17, 2000. industry which have resulted in the accordance with the law and request a ADDRESSES: Comments (two copies) formation of larger regional and national modification of the Order or to be should be filed with the USDA/AMS/ companies. exempted from the Order. A person

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This 7 CFR Part 1210 United States in any district in which period is deemed appropriate so as to [Docket No. FV±00±1210±610 REVIEW] the person is an inhabitant, or has his implement the proposed changes, if principal place of business, has adopted, as soon as possible, in order to Watermelon Research and Promotion jurisdiction to review the Secretary’s avoid unnecessary vacancies on the Plan; Section 610 Review ruling on the petition, provided a Board. complaint is filed not later than 20 days AGENCY: Agricultural Marketing Service, List of Subjects 7 CFR Part 1160 after the date of the entry of the ruling. USDA. In accordance with the Paperwork Fluid milk products, Milk, Promotion. ACTION: Proposed rule; notice of review Reduction Act (44 U.S.C. Chapter 35), For the reasons set forth in the and request for comments. preamble, it is proposed that 7 CFR part the forms and reporting and SUMMARY: This action announces the recordkeeping requirements that are 1160 is amended as follows: Agricultural Marketing Service (AMS) included in the Fluid Milk Promotion review of the Watermelon Research and Order have been approved by the Office PART 1160ÐFLUID MILK PROMOTION PROGRAM Promotion Plan, under the criteria of Management and Budget (OMB) and contained in sec. 610 of the Regulatory were assigned OMB No. 0581–0093, 1. The authority citation for 7 CFR Flexibility Act (RFA). except for Board members’ nominee part 1160 continues to read as follows: DATES: Written comments on this information sheets that were assigned document must be received by May 16, OMB No. 0505–0001. Authority: 7 U.S.C. 6401–6417. 2000. Statement of Consideration 2. Section 1160.200 is amended by ADDRESSES: Interested persons are The proposed rule would amend revising paragraph (a) to read as follows: invited to submit written comments concerning this notice of review to the certain provisions of the Fluid Milk § 1160.200 Establishment and Promotion Order. The proposed membership. Docket Clerk, Research and Promotion Branch, Fruit and Vegetable Programs, amendments would modify the (a) There is hereby established a membership provisions of the Order. Agricultural Marketing Service, USDA, National Fluid Milk Processor Board of Stop 0244, Room 2535–S, 1400 One proposal would allow up to three 20 members, 15 of whom shall represent representatives of a fluid milk processor Independence Avenue, S.W., geographic regions and five of whom Washington, D.C. 20250–0244. to serve on the 20-member Board. shall be at-large members of the Board. Currently, the Order states that a fluid Comments should be submitted in To the extent practicable, members triplicate and will be made available for milk processor shall be represented by representing geographic regions shall no more than two representatives on the public inspection at the above address represent fluid milk processing during regular business hours. Board. The Board indicated that this operations of differing sizes. No fluid proposal is due to consolidations in the Comments may also be submitted milk processor shall be represented on electronically to: industry which have resulted in the the Board by more than three members. formation of larger regional and national [email protected]. All The at-large members shall include at comments should reference the docket companies. Additionally, the Board least three fluid milk processors and at asserts that the proposed amendment number and the date and page number least one member from the general of this issue of the Federal Register. A would provide the Secretary greater public. Except for the member or flexibility in those situations that copy of this notice may be found at: members from the general public, www.ams.usda.gov/fv/rpdocketlist.htm. warrant additional representation for a nominees appointed to the Board must FOR FURTHER INFORMATION CONTACT: fluid milk processor. be active owners or employees of a fluid Karen T. Comfort, Research and The proposed amendments also milk processor. The failure of such a Promotion Branch, Fruit and Vegetable would allow a Board member who member to own or work for a fluid milk Programs, AMS, USDA, Stop 0244, 1400 changes fluid milk processor company processor or its successor fluid milk Independence Avenue, S.W., Room affiliation to serve on the Board for a processor shall disqualify that member 2535–S, Washington, D.C. 20250–0244; period of up to six months or until a for membership on the Board except telephone (888) 720–9917; Fax (202) successor is appointed, whichever is that such member shall continue to 205–2800; or E-mail: sooner, provided that the eligibility serve on the Board for a period of up to [email protected]. requirements of the Order are still met. six months following the Under current Order provisions, a Board disqualification or until appointment of SUPPLEMENTARY INFORMATION: The member whose company affiliation a successor Board member to such Watermelon Research and Promotion changes may continue to serve on the position, whichever is sooner, provided Plan (7 CFR Part 1210), regulates the Board for a period of up to 60 days or that such person continues to meet the development and financing (through until a successor is appointed, criteria for serving on the Board as a assessments on watermelons produced whichever is sooner, provided that such processor representative. in or imported into the United States) of member continues to meet the Order’s * * * * * effective, continuous, and coordinated eligibility standards. The Board states programs of research, development, that the proposed amendment would Dated: March 14, 2000. advertising, and promotion designed to more accurately reflect the time needed Kathleen A. Merrigan, strengthen, maintain, and expand to fill a Board vacancy. Administrator, Agricultural Marketing domestic and foreign markets for The Board believes that the proposed Service. watermelons. The Watermelon Research amendments would ensure Board [FR Doc. 00–6675 Filed 3–16–00; 8:45 am] and Promotion Plan (Plan) is authorized continuity and full representation and BILLING CODE 3410±02±P under the Watermelon Research and

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Promotion Act, as amended by the DEPARTMENT OF AGRICULTURE is. Also, as defined in these Acts, meat Watermelon Research and Promotion and poultry products are misbranded if Improvement of 1993 (7 U.S.C. 4901– Food Safety and Inspection Service the labeling is false or misleading, or if 4916), hereinafter referred to as the Act. the product purports to be a food for 9 CFR Parts 317, 318, 319, 381 which there is a regulatory standard of Background [Docket No. 97±036A] identity, but the product fails to comply with that standard. On February 18, 1999, AMS FSIS conducts a range of activities to published in the Federal Register (63 Other Consumer Protection (OCP) Activities ensure that meat and poultry products FR 8014) its plan to review certain are not economically adulterated, regulations, including the Plan, under AGENCY: Food Safety and Inspection misbranded, or otherwise unacceptable the criteria contained in sec. 610 of the Service, USDA. for reasons that do not necessarily raise Regulatory Flexibility Act (RFA) (5 ACTION: Advance notice of proposed food safety considerations. Some OCP U.S.C. 601–612). Because many AMS rulemaking. activities are based on specific regulations impact small entities, AMS regulatory requirements. These are the decided, as a matter of policy, to review SUMMARY: The Food Safety and food labeling requirements (Parts 317 certain regulations which, although they Inspection Service (FSIS) is publishing and 381, Subpart N); definitions and may not meet the threshold requirement this advance notice of proposed standards of identify and composition under sec. 610 of the RFA, merit review. rulemaking to request comments on the (Parts 319 and 381, Subpart P); and the The February 18 notice stated that AMS need and desirability of revising its definitions of nonconformance and the would list the regulations to be approach to verifying that meat and finished product standards found in poultry products are not misbranded, reviewed in AMS’ regulatory agenda section 381.76. Other OCP activities are economically adulterated, or otherwise which is published in the Federal tied to specific regulations but are unacceptable for reasons that do not Register as part of the Unified Agenda. designed to verify that establishments necessarily raise food safety concerns. However, after further consideration, are not producing economically FSIS will refer to these program adulterated or misbranded product as AMS has decided to announce the activities as ‘‘other consumer defined by the acts. reviews in the Federal Register separate protection’’ (OCP) activities. This notice FSIS activities directed at preventing from the Unified Agenda. Accordingly, defines and describes FSIS’ OCP misbranded product from reaching the this notice and request for comments is activities and discusses the Agency’s consumer include label review made for the review of the Plan. need for revised regulations and activities, formulation verification The purpose of the review will be to verification and enforcement checks, net weight checks, and determine whether the Plan should be procedures. laboratory food chemistry analyses. continued without change, amended, or DATES: Comments must be received on (Note: The presence of illegal drug rescinded (consistent with the or before June 15, 2000. residues is considered a food safety issue.) FSIS activities that are designed objectives of the Act) to minimize the ADDRESSES: Submit one original and to ensure that products have not been impacts on small entities. In conducting two copies of written comments to FSIS economically adulterated by the this review, AMS will consider the Docket Clerk, DOCKET #97–036A, U.S. following factors: (1) The continued addition or undeclared substitution of Department of Agriculture, Food Safety lower valued ingredients include need for the Plan; (2) the nature of and Inspection Service, Room 102 weighing poultry carcasses to verify that complaints or comments received from Cotton Annex Building, 300 12th Street, water retention limits are not exceeded the public concerning the Plan; (3) the SW., Washington, DC 20250–3700. FSIS during immersion chilling. complexity of the Plan; (4) the extent to has made a technical paper available in FSIS recognizes that its program which the Plan overlaps, duplicates, or the FSIS Docket Room and on the FSIS activities do not fit cleanly into one of conflicts with other Federal rules, and, homepage (www.fsis.usda.gov). two well-defined categories, OCP and to the extent feasible, with State and FOR FURTHER INFORMATION CONTACT: food safety. For example, while most local governmental rules; and (5) the Daniel Engeljohn, Director, Regulations consumers would view an unidentified length of time since the Plan has been Development and Analysis Division, ingredient as a misbranding issue, those evaluated or the degree to which Food Safety and Inspection Service, with allergy concerns would view the technology, economic conditions, or Washington, DC 20250–3700, at (202) same unidentified ingredient as a other factors have changed in the area 720–5627. serious food safety concern. Similarly, affected by the Plan. SUPPLEMENTARY INFORMATION: many FSIS activities are related to enforcement of statutory provisions Written comments, views, opinions, Definition of Other Consumer declaring that product is adulterated if and other information regarding the Protections (OCP) it consists in whole or in part of any Plan’s impact on small businesses are As defined in the Federal Meat filthy, putrid, or decomposed substance invited. Inspection Act (FMIA) and the Poultry or is for any other reason unsound, Dated: March 10, 2000. Products Inspection Act (PPIA), meat unhealthful, unwholesome, or otherwise Robert C. Keeney, and poultry products are economically unfit for human food. This provision Deputy Administrator, Fruit and Vegetable adulterated if any valuable constituent speaks to both food safety and OCP Programs. has been omitted or abstracted; any concerns. FSIS conducts many activities substance has been substituted; if to identify and prevent from entering [FR Doc. 00–6428 Filed 3–16–00; 8:45 am] damage or inferiority has been commerce product that is unwholesome BILLING CODE 3410±02±P concealed in any manner; or if any or unfit for human food but does not substance has been added so as to present a food safety concern. Examples increase its bulk or weight, or to reduce of FSIS activities of this type include its quality or strength, or to make it determining conformance with carcass appear better or of greater value than it Acceptable Quality Levels (AQL’s)(e.g.,

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By ‘‘improving system go so far as to provide an necessarily, or primarily, involve food accountability,’’ FSIS seeks to improve exemption for establishments that take safety. Issues related to humane and its measure of establishments’’ responsibility and institute their own religious exempt slaughter are not compliance and its ability to inform the quality control procedures. (Note: clearly OCP matters and, therefore are public about the industry’s overall Published elsewhere in this issue of the not addressed in this ANPR. Also, FSIS compliance with OCP requirements. Federal Register, FSIS is proposing to will address all issues related to egg Accountability also implies having more withdraw the regulations that prescribe products in future proposed rulemaking. consistent and effective methods for the compliance monitoring system for In an effort to provide the public with making resource allocation decisions cured pork products.) more information about the Agency’s and explaining those decisions to all FSIS will also carefully evaluate its current OCP activities and to illustrate interested parties. prior label approval program and the need for change, FSIS has made a FSIS intends to develop an approach consider streamlining its label approval technical paper available in the FSIS to OCP that measures compliance, programs. The Agency also intends to Docket Room (See ADDRESSES) and the targets the Agency’s inspection consider what use, if any, it should FSIS homepage (www.fsis.usda.gov). resources, and provides program continue to make of the Standards and accountability. Labeling Policy Book. Need for Change The Agency also intends to consider FSIS intends to propose change to its Possible Approaches its role in ensuring the soundness and approach to OCP activities for three FSIS is not contemplating a reduction wholesomeness of raw products. As reasons. First, the Agency needs to in the level of attention that it pays to noted earlier, none of the product clarify the respective roles and misbranding, economic adulteration, or quality criteria for meat carcasses or raw responsibilities of FSIS and industry. wholesomeness issues. FSIS remains meat products are published as Second, the Agency needs to use the committed to protecting consumers regulations. The Agency requests resources allocated to OCP activities from economic adulteration and comments on whether FSIS’ regulations more efficiently. Third, the Agency improperly labeled products. should contain quality criteria and if so, needs to be more accountable to the In preparing this ANPR, FSIS began what the criteria should be. public on how it allocates its OCP with the premise that consumer The Agency has already initiated a resources and on the results that are protection concerns other than food review of the standards of identity and being achieved. safety are important to consumers, and composition for meat products and The first reason for changing the that the public expects the Agency to poultry products. The Agency published Agency’s approach to OCP activities is provide a broad range of consumer an ANPR on September 9, 1996 (61 FR to clarify roles and responsibilities. As protections that involve more than 47453). While that ANPR focused on the FSIS described in the preamble to its ensuring food safety. continuing need for the standards of Pathogen Reduction; Hazard Analysis This section outlines the changes that identity and composition, it noted that, and Critical Control Point (PR/HACCP) FSIS is evaluating and that will most in light of budget constraints and the final rule (61 FR 38806, 7/26/96), the likely be needed for FSIS to continue to need to address higher priority food responsibilities of FSIS and industry protect consumers from economic safety concerns, the Agency was have become blurred. In part, this adulteration, misbranding, and examining whether any of its blurring has developed because some unwholesome products while approaches to regulating meat products establishments rely on inspection enhancing food safety. These changes and poultry products for economic program personnel to find deficiencies. will likely occur in the four following adulteration and mislabeling should be It is more appropriate that inspected areas: changed. establishments take responsibility for 1. Revision of FSIS regulations and The Agency recognizes that some of meeting the regulatory requirements, guidance. its regulations are overly prescriptive in and that FSIS personnel verify that 2. Inspected establishments taking telling industry how it must comply establishments do so. more responsibility for producing with certain standards. For example, the Responsibilities have also been products that comply with all OCP Mechanically Separated blurred because of the excessive requirements. (Species)(MS(S)) regulations (9 CFR reliance of the FSIS inspection program 3. Changes to FSIS verification 319.5) specify how many samples an on the detection and correction of activities. establishment needs to analyze to problems after the fact, rather than on 4. Changes in approach to ensure compliance. The Agency intends assurance that problems will be enforcement. to institute rulemaking to revise these prevented systematically and by design regulations. FSIS has tentatively in the first place. 1. Revisions to FSIS Regulations concluded that the purposes for which The second reason for changing its The change in approach to OCP it adopted these regulations can be approach to OCP activities is the need activities will require that the Agency achieved by the standards of for FSIS to manage and allocate its reform its regulations. Certain current composition that are already included resources more effectively and regulations charge FSIS with in the regulations. The Agency also has efficiently. In most cases, inspection responsibilities that more appropriately proposed the removal of regulations that program personnel routinely perform belong to the industry. For example, at require Partial Quality Control (PQC) OCP verification activities at the same the time when FSIS established the programs for specific production frequency in all plants. FSIS is compliance monitoring system for cured activities, such as the production of considering that a more suitable use of pork products (9 CFR 381.19) the MS(s).

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2. Changes to FSIS Verification reassessing the overall level of while requiring inspected Activities compliance. establishments to maintain satisfactory For example, FSIS has considered control of their production processes FSIS is responsible for verifying that using a ‘‘building-block’’ approach to and products. industry is complying with regulatory net weight compliance that has been • Provide appropriate bases for requirements. A verification activity can advanced by the Codex Alimentarius enforcement actions against have a narrow establishment-by- Commission. This approach is modeled establishments or companies producing establishment focus or an industry-wide on a statistical limits of variance and shipping economically adulterated scope. FSIS believes that it can operate technique developed by Switzerland for or misbranded products. more efficiently and effectively by application to imported, prepackaged • Accommodate any changes to the making greater use of surveys. foods. Inspection program personnel system of product standards of identity A verification survey can involve would make limited inspections for net that the Agency may adopt. either collecting product samples that weight compliance at retail. If the are sent to laboratories for analysis or sampling technique indicates a 3. Changes in Enforcement Approach conducting in-plant activities such as compliance problem, additional FSIS also needs to change its formulation checks. Collecting product inspection of the same product would enforcement approach to repeated labels that are sent to a central location be made at retail and, if necessary noncompliance with OCP requirements. for review is another type of verification earlier in the marketing chain, such as FSIS will evaluate each OCP survey. The survey approach to the processing plant. If the problem noncompliance in terms of an verification allows the Agency to: (1) continues following notification of the establishment’s overall compliance draw conclusions about overall industry producers, a more precise enforcement record to determine whether the compliance, (2) inform the public, i.e., test would be applied. This approach establishment has an effective system in improve ‘‘accountability,’’ and (3) use should lead to a more efficient and place to ensure compliance with all such industry-wide findings as inputs to effective verification system. OCP requirements and standards. For subsequent resource allocation Another potential innovation for example, the Agency will not view decisions. verification would involve the added water noncompliance as Surveys are not, however, sufficient to development of an annual OCP independent from species substitution verify compliance at individual verification plan. Annual plans would noncompliance or independent from establishments. The Agency intends to describe and assess findings from the noncompliance with fat and protein use surveys and other information previous year, consider the applicability requirements. resources to target establishments where of findings from ongoing research FSIS is examining how best to overall compliance with OCP projects, and define areas of emphasis communicate to establishments its requirements is not satisfactory. In these for the current year. FSIS is developing findings of noncompliance and FSIS’ establishments, FSIS could focus a list of factors to be considered in conclusions regarding the adequacy of verification activities on specific setting OCP priorities. These factors the establishment’s control system. The products and specific requirements. would include findings from consumer role of FSIS is to verify compliance and FSIS’ approach to OCP verification research and findings from analysis of take enforcement actions when the has historically been to select a task or consumer and industry complaints. overall level of OCP noncompliance FSIS also believes it is practical to sampling frequency for a specific reaches a level that indicates that an solicit and use input from its inspection regulatory requirement, e.g., once per establishment is not controlling its OCP program personnel in setting its OCP week or once per shift, and then apply processes effectively. priorities. that fixed frequency to all Additionally, FSIS could use Issues for Public Comment establishments where the requirement consumer research to help set its FSIS is soliciting comments on all applies. To improve the effectiveness of priorities for verifying the industry’s aspects of its OCP activities. FSIS verifying establishments’ compliance OCP compliance. FSIS could use requests comments from all interested with OCP requirements, FSIS needs to existing consumer research such as parties, including individuals, conduct inspection procedures and surveys compiled by trade organizations consumer groups, inspected collect samples at the point in the or develop its own consumer surveys to establishments and industry groups, production and distribution process determine whether consumers are academia, importers and exporters, where doing so is most efficient, and concerned about any particular OCP State and local governments, and the where taking these actions makes the issues. Based on the findings, FSIS international community. The following most sense. could use this information to focus its questions are provided to facilitate The concepts of measuring the level OCP verification activities. This public comment on this ANPR. of compliance, or evaluating whether a approach would be responsive to 1. What level of resources should particular level of compliance is consumer concerns. FSIS allocate to OCP program activities? acceptable or unacceptable, have not The above examples are intended to What criteria should FSIS consider in been adequately incorporated into FSIS illustrate the kinds of approaches that allocating its resources between food regulatory design initiatives. FSIS must the Agency is considering for OCP safety and OCP issues? devise a more comprehensive and verification. Whatever final decisions it 2. What role, if any, should the methodical approach to verification that makes, the Agency’s verification Agency have in examining raw product would involve the sequential steps of: activities must: for quality defects? (1) Measuring compliance; (2) • Yield data that will allow the 3. What priorities should FSIS give to evaluating the level of compliance to Agency to draw accurate conclusions misbranding concerns? For example, determine causes of noncompliance, about establishments’ compliance. should the presence of excess sodium and whether there are feasible • Permit the Agency to allocate take priority over a misleading picture interventions that might be effective in inspection and laboratory resources to on a label? improving compliance; (3) product categories that have been 4. Should FSIS continue testing implementing interventions; and, (4) shown to present compliance problems, products to determine compliance with

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To improve the Agency’s more public meetings to be held in large example, are there existing data FSIS analysis, FSIS is seeking the data urban areas with diverse populations in can use or should FSIS conduct its own necessary to assess how the resulting order to encourage public participation consumer surveys? To what extent regulatory changes discussed in this by individuals not typically represented should FSIS use information about document might affect minorities, by consumer-organizations or who do consumers’ concerns to prioritize the women, and persons with disabilities. not have access to electronic verification of the industry compliance ANPR’s generally are designed to communication, including fax with the OCP requirements? provide information and receive public machines, internet-accessible 6. How should FSIS weigh the comments on substantive issues that equipment, televisions, radios, or non- severity of noncompliance that leads to may lead to new or revised agency English printed materials. public health concerns versus regulations or instructions. Public FSIS does not expect that this ANPR noncompliances related to OCP involvement in all segments of or resulting rulemaking will have an concerns? What sanctions or penalties rulemaking and policy development is adverse effect on its own employees are appropriate for economic important. Consequently, in an effort to since the ratio of tasks performed on adulteration? How should FSIS deal better ensure that minorities, women, OCP activities will be shifted more in with establishments that demonstrate no and persons with disabilities are made favor of tasks performed on food safety deliberate intent to cheat the public but aware of this ANPR and are informed activities. experience intermittent problems of about the mechanism for providing their Done at Washington, D.C., March 13, 2000. noncompliance that result in comments, FSIS will announce it and Thomas J. Billy, misbranding or economic adulteration? provide copies of this Federal Register Administrator. 7. What enforcement strategy is publication in the FSIS Constituent [FR Doc. 00–6642 Filed 3–16–00; 8:45 am] Update. appropriate for addressing BILLING CODE 3410±DM±P noncompliance with OCP requirements? FSIS provides a weekly FSIS What portion of the Agency’s Constituent Update, which is enforcement resources should be communicated via fax to over 300 DEPARTMENT OF AGRICULTURE allocated to OCP concerns? What levels organizations and individuals. In of noncompliance with OCP addition, the update is available on line Food Safety and Inspection Service requirements warrant the use of severe through the FSIS web page located at sanctions, such as withholding the http://www.fsis.usda.gov. The update is 9 CFR Parts 318, 319, and 327 marks of inspection? used to provide information regarding FSIS policies, procedures, regulations, [Docket No. 97±012P] 8. The Agency believes that inspected Federal Register Notices, FSIS public Elimination of Requirements for the establishments need to have systems, meetings, recalls, and any other types of i.e., quality control systems, managerial Compliance Monitoring System for information that could affect or would Cured Pork Products systems, or administrative systems, that be of interest to our constituents/ ensure compliance with OCP stakeholders. The constituent fax list AGENCY: Food Safety and Inspection requirements. Should FSIS consider consists of industry, trade, and farm Service, USDA. promulgating a general process control groups, consumer interest groups, allied ACTION: Proposed rule. regulation, or are there alternatives to health professionals, scientific such a regulation that would still enable professionals and other individuals that SUMMARY: The Food Safety and the Agency to effectively and efficiently have requested to be included. Through Inspection Service (FSIS) is proposing verify that an establishment’s control these various channels, FSIS is able to to amend the meat inspection systems for OCP requirements are provide information with a much regulations by removing the regulations satisfactory? broader, more diverse audience. For that prescribe the Agency’s compliance Executive Order 12866 and Regulatory more information and to be added to the monitoring system for cured pork Flexibility Act constituent fax list, fax your request to products. Removing these regulations the Office of Congressional and Public will not affect the regulatory This advance notice of proposed Affairs, at (202) 720–5704. requirements that industry is rulemaking has been reviewed under FSIS will use a variety of methods to responsible for meeting. The proposal Executive Order 12866. This rule has reach consumers and those individuals will remove requirements that specify been determined to be significant for the who work directly with consumers— the frequency with which FSIS samples purposes of Executive Order 12866 and, information multipliers—to publicize these products and the enforcement therefore, has been reviewed by the the issues identified in this OCP ANPR. actions that the Agency will take in Office of Management and Budget. FSIS will send electronic messages to response to specific laboratory findings FSIS is seeking the data necessary to electronic discussion lists that reach from analysis of product samples. FSIS assess how the regulatory changes thousands of educators, health is proposing to remove these discussed in this document might affect professionals, media, industry prescriptive controls on itself because various sectors of the meat and poultry representatives, and consumers. FSIS the Agency intends to institute a new industries. Therefore, the Agency will use Department mailing lists for approach to sampling and testing meat invites comment on potential effects, minority media and constituent groups and poultry products to verify that the including economic costs or benefits. to send information releases that can be products meet regulatory requirements

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Register, FSIS is presenting its plans for The system has thus effectively been a DATES: Comments must be received on a new approach to verifying compliance government run quality control system. or before May 16, 2000. with these other consumer protection The regulations implementing the ADDRESSES: Submit one original and requirements. FSIS is referring to these system go so far as to provide an two copies of written comments to verification activities as its other exemption for establishments that take Docket Clerk, DOCKET #97–012P, U.S. consumer protection (OCP) activities. responsibility and institute their own Department of Agriculture, Food Safety Among these activities are the Agency’s quality control procedures. The and Inspection Service, Room 102 efforts to ensure that products that are centrally directed PFF sampling system subject to food standards comply with Cotton Annex Building, 300 Twelfth has been applied to only those those standards. Street, SW., Washington, DC 20250– establishments that have not 3700. Cured pork products, such as hams, shoulders, picnics, and butts, must implemented their own control systems. FOR FURTHER INFORMATION CONTACT: comply with food standards that specify The compliance procedures for cured Daniel Engeljohn, PhD., Director, a minimum percentage of meat protein pork products are an anomaly within Regulations Development and Analysis after all fat has been removed from the the regulatory framework for enforcing Division, Food Safety and Inspection product. These food standards are food standards. FSIS is responsible for Service, Washington, DC 20250–3700, referred to as ‘‘minimum meat Protein verifying compliance with 60 different (202) 720–5627. Fat Free (PFF) percentage requirements’’ food standards. The PFF requirements SUPPLEMENTARY INFORMATION: or simply as ‘‘PFF requirements.’’ The for cured pork products is the only Background PFF requirements that establishments standard of identity or composition must meet are codified at 9 CFR 319.104 where regulations direct FSIS sampling FSIS’ mission is to ensure that meat, and 319.105. In 9 CFR 318.19 and frequencies in response to specific poultry, and processed egg products are 327.23, FSIS has established a laboratory findings. For other products, safe, wholesome, and properly marked, monitoring system that details the e.g., cooked sausage, FSIS directives labeled, and packaged. FSIS has carried sampling frequencies and enforcement out its food safety responsibilities state that Agency sampling frequencies procedures FSIS uses to ensure that are to be based on cumulative laboratory primarily by managing an inspection domestic and imported cured products program within meat and poultry results. In still other cases, such as meet the PFF requirements. enforcement of the 30 percent fat limit slaughter and processing FSIS’ compliance procedures for for ground beef, there are no written establishments. This program has relied cured pork products are not consistent instructions concerning Agency heavily on FSIS inspection personnel to with the Agency’s planned approach to detect and correct establishments’ economic sampling. The Agency plans responses to findings that product noncompliance. to consider economic risk factors, such exceeds the limit. FSIS is in the process of reforming its as an establishment’s compliance Because the compliance procedures regulatory and administrative approach history, and apparent consumer for cured pork products in §§ 318.19 to achieving its mission. The Agency’s protection needs in determining which and 327.23 are not consistent with the ‘‘Pathogen Reduction; Hazard Analysis products to sample and test. The PFF Agency’s planned approach to economic and Critical Control Point (HACCP) system generates from 6,000 to 7,000 sampling, require too great an Systems’’ final rule (61 FR 38806, 7/26/ samples annually and thus represents expenditure of Agency resources, and 96) announced and provided the an impediment to efficient and effective are not consistent with what the Agency framework for modernization of FSIS’ resource allocation. This number of considers to be the appropriate division inspection system, particularly with samples did not stand out in the mid- of responsibilities between itself and respect to its food safety goals. This rule l980’s when FSIS was analyzing industry, FSIS is proposing to remove established requirements applicable to approximately 100,000 food chemistry these compliance procedures from its all meat and poultry establishments that samples annually. Today, with overall regulations. However, as noted above, were designed to reduce the occurrence food chemistry samples in the 15,000 to eliminating the PFF compliance and numbers of pathogenic 25,000 range, the Agency cannot afford monitoring system would not affect the microorganisms on meat and poultry to devote such a large portion of its PFF content performance standards that products. As part of FSIS’ overall food chemistry activity to one establishments are required to meet. modernization of its food safety strategy, issue. the Agency stresses the need to clarify The existing compliance procedures Executive Order 12988 and strengthen the responsibilities of for cured pork products have establishments in meeting the contributed to confusion concerning the This proposed rule has been reviewed requirements of FSIS’ regulations, plus respective roles and responsibilities of under Executive Order 12988, Civil the concomitant responsibility of the FSIS and industry. Industry has Justice Reform. When the rule is Agency to hold establishments responsibility for complying with adopted (1) all State and local laws and accountable for meeting those regulatory requirements. FSIS has regulations that are inconsistent with requirements. responsibility for verifying compliance this rule would be preempted; (2) no As FSIS shifts its emphasis from with regulatory requirements and taking retroactive effect would be given to this telling the regulated industry how to enforcement actions when it finds rule; and (3) administrative proceeding comply with regulatory requirements to noncompliance. The ANPR makes clear would not be required before parties oversight of industry-developed HACCP that this basic division of may file suit in court challenging this systems and other related process responsibilities applies to other rule.

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Executive Order 12866 and Regulatory communicated via fax to over 300 determined under § 318.19 of this Flexibility Act organizations and individuals. In subchapter for domestic cured pork This proposed rule has been reviewed addition, the update is available on line products and § 327.23 of this subchapter under Executive Order 12866. The through the FSIS web page located at for imported pork product.’’, by Administrator has determined that this http://www.fsis.usda.gov. The update is removing paragraph (c), and by proposed rule would not have a used to provide information regarding redesignating paragraph (d) as significant economic impact on a FSIS policies, procedures, regulations, paragraph (c). Federal Register Notices, FSIS public substantial number of small entities. § 319.105 [Amended] However, this proposed rule is part of meetings, recalls, and any other types of information that could affect or would 5. Section 319.105 would be amended FSIS’ new approach to OCP as by revising footnote 1 of paragraph (a), discussed in the ANPR published be of interest to our constituents/ stakeholders. The constituent fax list by removing the phrase at the end of the elsewhere in this issue of the Federal sentence, ‘‘and compliance shall be Register. Because the Office of consists of industry, trade, and farm groups, consumer interest groups, allied determined under section 318.19 of this Management and Budget designated the subchapter.’’, by removing paragraph OCP ANPR as significant, FSIS health professionals, scientific professionals and other individuals that (c), and by re-designating paragraph (d) submitted this rule to OMB for review. as paragraph (c). Establishments producing cured pork have requested to be included. Through these various channels, FSIS is able to products must comply with the food PART 327ÐIMPORTED PRODUCTS standards that specify a minimum provide information with a much percentage of meat protein after all fat broader, more diverse audience. For 6. The authority citation for part 327 has been removed from the product (9 more information and to be added to the would continue to read as follows: CFR 319.104 and 319.105). This constituent fax list, fax your request to Authority: 21 U.S.C. 601–695; 7 CFR 2.18, proposed rule only removes the the Office of Congressional and Public 2.53 requirements that specify the frequency Affairs, at (202) 720–5704. § 327.23 [Removed] at which FSIS samples such products. Paperwork Requirements This regulatory action would enable 7. Part 327 would be amended by There are no paperwork or FSIS to better allocate its resources to removing section 327.23. recordkeeping requirements associated address matters involving food safety. Done at Washington, D.C. on: March 13, with this proposed rule. Because some establishments depend on 2000. FSIS’ testing as a substitute for their List of Subjects Thomas J. Billy, own quality control responsibilities, 9 CFR Part 318 Administrator. such establishments may bear higher [FR Doc. 00–6641 Filed 3–16–00; 8:45 am] Compliance. costs. Conversely, FSIS’ new approach BILLING CODE 3410±DM±P to economic sampling will focus 9 CFR Part 319 enforcement actions on establishments Standards. that violate the requirements of the FARM CREDIT ADMINISTRATION regulations. Sample collection will be For the reasons set forth in the less random and arbitrary. Therefore, preamble, FSIS proposes to amend 9 12 CFR Part 614 some sample collection activities would CFR Parts 318, 319, and 327, as follows: be reduced in some establishments. RIN 3052±AB98 PART 318ÐENTRY INTO OFFICIAL Additional Public Notification ESTABLISHMENTS; REINSPECTION Loan Policies and Operations; Loans to Designated Parties FSIS has considered the potential AND PREPARATION OF PRODUCTS civil rights impact of this public 1. The authority citation for Part 318 AGENCY: Farm Credit Administration. meeting on minorities, women, and would continue to read as follows: ACTION: Proposed rule. persons with disabilities. FSIS Authority: 7 U.S.C. 138f; 7 U.S.C. 450, anticipates that this proposed rule will SUMMARY: The Farm Credit 1901–1906; 21 U.S.C. 601–695; 7 CFR 2.18, not have a negative or disportionate 2.53 Administration (FCA), through the FCA impact on minorities, women, or Board, issues a proposed rule amending persons with disabilities. Proposed rules PART 318Ð[REMOVED] its regulations on the approval of loans generally are designed to provide to designated parties (Farm Credit information and receive public 2. Part 318 would be amended by System (System) ‘‘insiders’’ and those comments on substantive issues that removing section 318.19. FCA and Farm Credit System Insurance may lead to new or revised agency Corporation (FCSIC) employees who PART 319ÐDEFINITIONS AND regulations or instructions. Public may legally borrow from the System). STANDARDS OF IDENTITY AND involvement in all segments of The purpose of our proposal is to STANDARDS OF IDENTITY OR rulemaking and policy development is provide greater flexibility for banks and COMPOSITION important. Consequently, in an effort to associations to approve loans to better ensure that minorities, women, 3. The authority citation for Part 319 designated parties. The proposed rule and persons with disabilities are made would continue to read as follows: also makes technical changes to aware of this proposed rule and are Authority: 7 U.S.C. 450, 1901–1906; 21 conform to the Farm Credit Act of 1971, informed about the mechanism for U.S.C. 601–695; 7 CFR 2.18, 2.53 as amended. The existing regulations providing their comments, FSIS will require a funding bank to approve all announce it and provide copies of this § 319.104 [Amended] loans that it and its associations make Federal Register publication in the FSIS 4. Section 319.104 would be amended to designated parties. The proposed Constituent Update. by revising footnote 1 of paragraph (a), amendment would give an association FSIS provides a weekly FSIS by removing the phrase at the end of the the option to let its own board of Constituent Update, which is sentence, ‘‘and compliance shall be directors (or a committee of the board),

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 14492 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules or in some situations its own make a loan to a designated party with results on their credit decisions in an management, approve these loans. This the approval of its own board of unbiased manner. amendment would benefit banks and directors. Under direct final rulemaking, Third Comment: It may be difficult for associations because it provides clear a rule becomes effective without further the lending staff to remain independent guidelines and streamlined procedures proceedings unless we receive and responsible to the board if they for approving loans to designated significant adverse comment. disagree with the board’s credit parties. One association provided a significant decision. adverse comment on the revision. Four DATES: Please send your comments to us Response: Boards of directors have by April 17, 2000. other associations also provided the ultimate responsibility for comments on the revision. Because of conducting the affairs of the banks and ADDRESSES: You may send comments by these comments, we withdrew the associations they are elected to serve. electronic mail to ‘‘[email protected]’’ or portion of the direct final rule on loans Boards hire management and staff to through the Pending Regulations section to designated parties on October 14, conduct day-to-day operations. of our Web site at ‘‘www.fca.gov.’’ You 1999.2 Management and boards must work may also send comments to Patricia W. together as teams to ensure that banks B. Comments on Direct Final Rule DiMuzio, Director, Regulation and and associations meet the needs of their Policy Division, Office of Policy and All five commenters objected to our borrowers and satisfy safety and Analysis, Farm Credit Administration, direct final rule’s requirement that the soundness concerns. 1501 Farm Credit Drive, McLean, board of directors of a bank or Fourth Comment: Directors may find Virginia 22102–5090 or by fax to (703) association must approve all loans made it difficult to ‘‘pass judgment’’ on other 734–5784. You may review copies of all to designated parties. Four commenters directors. comments we receive in the Office of stated that we should allow an Response: We agree that some Policy and Analysis, Farm Credit association board of directors to directors may find it difficult to make Administration. delegate approval of loans to designated decisions on the loans of other directors. FOR FURTHER INFORMATION CONTACT: parties to management, with post review We believe, however, that management Eric Howard, Senior Policy Analyst, by the board. One commenter stated that may find it even more difficult to make Office of Policy and Analysis, Farm we should allow an association board of such decisions. Because directors are Credit Administration, McLean, VA directors to delegate approval of loans ultimately responsible for the affairs of 22102–5090, (703) 883–4498, TDD under a certain dollar amount to their bank or association, we believe it (703) 883–4444, association staff, with post review by is more appropriate for them to consider or management. The commenter further and act on the credit requests of other Jennifer Cohn, Attorney, Office of suggested that management preapprove directors. If directors feel unable to General Counsel, Farm Credit loans over that dollar amount. make an unbiased decision in a Administration, McLean, VA 22102– The commenters provided five main particular situation, they always have 5090, (703) 883–4020, TDD (703) 883– reasons for their concern. Their the choice of recusing themselves from 4444. comments and our responses are as that particular decision. SUPPLEMENTARY INFORMATION: follows: Fifth Comment: Directors do not want First Comment: Directors do not have other directors to have access to their I. Objectives the expertise to make credit decisions; financial information. The objectives of our proposed this is a task that professional lending Response: Section 612.2140(b) of our amendment are to: staff should perform. regulations prohibits directors from • Provide greater flexibility for banks Response: We believe directors, who divulging or making use of any and associations to approve loans to are elected by their shareholders to information they learn as directors. In designated parties (System ‘‘insiders’’ represent them in conducting the addition, § 612.2135(b) requires and those FCA and FCSIC employees business of their banks and associations, directors to ‘‘exercise diligence and who may legally borrow from the are qualified to make decisions on loans good judgment in carrying out their System); to designated parties. We remind duties.’’ We believe, therefore, that our • Keep adequate controls on loans directors that, as we explain in our regulations sufficiently address the that banks and associations make to publication entitled The Director’s Role: misuse of financial information. designated parties; and Farm Credit System Institutions,3 they • Make our regulations easier to are ultimately responsible for all III. The Proposed Regulation understand and use. decisions their banks and associations When we withdrew the portion of the make. In making these decisions, direct final rule on loans to designated II. Background directors may want to consult with the parties, we said that we would continue A. Withdrawn Direct Final Rule professional lending staff at their banks with this rulemaking at a later date. We and associations, as well as with other now propose an amended rule Sections 614.4450, 614.4460, and credit experts. 614.4470 of our regulations require a governing loans to designated parties. In Second Comment: Directors may be developing this proposed rule, we funding bank to approve all loans that biased in reviewing and analyzing audit it and its associations make to considered carefully all the comments results if they have made the credit that we received. designated parties. On August 9, 1999, decisions. we published a direct final rule with Our proposed regulation would Response: Part 612 of our regulations 4 1 provide greater flexibility for you to opportunity to comment. This direct requires directors to remain impartial in final rule would have, in relevant part, approve loans to designated parties, carrying out their duties. We expect that while keeping adequate controls on repealed two of these regulations and directors will review and analyze audit amended the third. The revision would 4 As part of our objective to use plain language have allowed a bank or association to 1 See 64 FR 55621. in our regulations, we use the word ‘‘you’’ to refer 3 Farm Credit Administration, The Director’s to banks and associations in this preamble and the 1 See 64 FR 43046. Role: Farm Credit System Institutions (Aug. 1997). proposed regulation.

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14493 these loans. The proposed regulation rule, you will follow in making these 2.15, 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20, 3.28, would continue to allow you to make loans. 4.12, 4.12A, 4.13, 4.13B, 4.14, 4.14A, 4.14C, loans to designated parties with bank Depending on the size of the loan, you 4.14D, 4.14E, 4.18, 4.18A, 4.19, 4.25, 4.26, approval, but it would also let an may choose any one of three procedures 4.27, 4.28, 4.36, 4.37, 5.9, 5.10, 5.17, 7.0, 7.2, for making loans to designated parties. 7.6, 7.8, 7.12, 7.13, 8.0, 8.5 of the Farm Credit association’s board of directors, and in Act (12 U.S.C. 2011, 2013, 2014, 2015, 2017, some situations its own management, The first procedure allows your board of 2018, 2019, 2071, 2073, 2074, 2075, 2091, approve such loans. Because we are directors (or a committee of your board) 2093, 2094, 2097, 2121, 2122, 2124, 2128, proposing the regulation in plain to approve loans that you make to 2129, 2131, 2141, 2149, 2183, 2184, 2199, language, we believe it will be easier to designated parties. The second 2201, 2202, 2202a, 2202c, 2202d, 2202e, understand and carry out. procedure permits the existing practice 2206, 2206a, 2207, 2211, 2212, 2213, 2214, The proposal would delete all of allowing the funding bank to approve 2219a, 2219b, 2243, 2244, 2252, 2279a, references to district boards because the a loan made by an association. Finally, 2279a–2, 2279b, 2279c–1, 2279f, 2279f–1, Agricultural Credit Technical the third procedure permits your board 2279aa, 2279aa–5); sec. 413 of Pub. L. 100– Corrections Act of 1988 5 abolished of directors to delegate approval of loans 233, 101 Stat. 1568, 1639. 2. Revise subpart M to read as follows: these boards. The proposal would also of $25,000 or less to designated parties repeal § 614.4450, which provides ‘‘the to your management. Your board of Subpart MÐApproval of Loans to authority for loan approval is vested in directors must post review all loans to Designated Parties the Farm Credit banks and designated parties that management Sec. associations.’’ More specific regulations approves. 614.4450 What definitions are used in this providing for System lending authorities We continue to believe that subpart? make this provision unnecessary.6 management should not approve loans 614.4460 What approval policy must you over $25,000 to designated parties. adopt to make loans to designated A. Section 614.4450—Definitions Used Because of their size, these loans have parties? in the Proposed Regulation greater risk potential for banks and We provide definitions of three key associations. Requiring board or funding Subpart MÐApproval of Loans to terms used in the proposed regulation. bank preapproval of these credit Designated Parties As part of our goal to use plain language decisions will help ensure the approval § 614.4450 What definitions are used in in our regulations, we use the word decision is independent, objective, and this subpart? ‘‘you’’ in the text of the proposed rule. free from any real or perceived conflicts (a) You means a Farm Credit bank or Accordingly, we define ‘‘you’’ as a bank of interest. The commenters contended association. or association. that association boards may be (b) Designated parties means: We define the term ‘‘designated uncomfortable with their own members (1) Farm Credit Administration parties’’ by providing a list of these approving loans to designated parties. If employees allowed to borrow from you parties. We updated this list from the this is the case, association boards have under 5 CFR 4101.104; existing §§ 614.4460 and 614.4470. The the option of continuing to have (2) Farm Credit System Insurance list includes bank and association decisions on loans to designated parties Corporation employees allowed to ‘‘insiders’’ as well as certain employees made by their funding banks. borrow from you under 5 CFR 4001.104; of FCA and FCSIC.7 Because loans of $25,000 or less are (3) Your directors and employees; We define the term ‘‘loan’’ broadly. relatively smaller, they create less (4) Directors and employees of ‘‘Loan’’ means: potential risk for the banks and another bank or association under a • The total of all loans and associations that make them. We believe joint management agreement with you; undisbursed commitments from you to our proposal will help to reduce the (5) Directors and employees of your a designated party; plus administrative burden of making loans funding bank if you are an association; • The total of all loans and of $25,000 or less to designated parties.8 (6) Cooperatives and other legal undisbursed commitments from you to entities if any of their directors, officers, List of Subjects in 12 CFR Part 614 any other borrower if the designated partners, or employees are also members party has a significant interest in the Agriculture, Banks, banking, Flood of your board of directors; and loan, proceeds or collateral. insurance, Foreign trade, Reporting and (7) Other borrowers if any of the recordkeeping requirements, Rural parties identified in this paragraph are: B. Section 614.4460—Policy for areas. (i) Recipients of the loan proceeds; Approval of Loans to Designated Parties For the reasons stated in the (ii) Stockholders or other equity The proposed rule would require you preamble, we propose to amend part owners of the borrowers who have to adopt a policy addressing the 614 of chapter VI, title 12 of the Code significant interests in the loan funds or approval of loans to designated parties. of Federal Regulations to read as collateral; or Your policy must describe the follows: (iii) Endorsers, guarantors or procedures, as set forth in the proposed comakers on the credit. PART 614ÐLOAN POLICIES AND (c) Loan or loans means: 5 Pub. L. No. 100–399, 102 Stat. 1003 (Aug. 17, OPERATIONS (1) The total of all loans and 1988). undisbursed commitments from you to 6 See 12 CFR part 614, Subpart A—Lending 1. The authority citation for part 614 a designated party; plus Authorities. continues to read as follows: (2) The total of all loans and 7 Our proposed regulation refers explicitly to the Authority: 42 U.S.C. 4012a, 4104a, 4104b, undisbursed commitments from you to Supplemental Standards of Ethical Conduct 4106, and 4128; secs. 1.3, 1.5, 1.6, 1.7, 1.9, regulations that we and FCSIC enacted in 1995. any other borrower if the designated These regulations, at 5 CFR parts 4101 and 4001, 1.10, 1.11, 2.0, 2.2, 2.3, 2.4, 2.10, 2.12, 2.13, party is: respectively, specifically prohibit most FCA and (i) A recipient of the loan proceeds; FCSIC employees from borrowing from you. For 8 This proposed $25,000 threshold is consistent (ii) A stockholder or other equity example, FCA and FCSIC Board members, with the ‘‘insider lending’’ regulations of the Office examiners, procurement personnel, and all of the Comptroller of the Currency and the Federal owner of the borrower who has employees over a certain civil service grade level Reserve System. See 12 CFR Parts 31 and 215, significant interests in the loan funds or cannot legally borrow from you. respectively. collateral; or

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(iii) An endorser, guarantor or electronic mail or on its Web site, as that are ineffective, duplicate other comaker on the credit. well as by traditional mail or telephone. requirements, or impose burdens that This revision would benefit banks, are greater than the benefits received. § 614.4460 What approval policy must you associations and their shareholders We took this action as part of our adopt to make loans to designated parties? because it would allow them to share continuing effort to improve the You must adopt an approval policy to necessary information at a reduced cost. regulatory environment so the System make loans to designated parties. Your DATES: Please send your comments to us can better serve farmers and ranchers. policy must set forth the procedures you by April 17, 2000. Among the comment letters we will follow in approving loans to received, two asked us to repeal the ADDRESSES: You may send comments by designated parties. Depending on the requirement imposed by § 620.4(b)(1). size of the loan, you may choose from electronic mail to ‘‘[email protected]’’ or through the Pending Regulations section This regulation requires any bank that any of the following approval presents its financial statements on a of our Web site at ‘‘www.fca.gov.’’ You procedures: combined basis with its related may also send comments to Patricia W. (a) If you are a bank or association, associations to distribute its annual DiMuzio, Director, Regulation and your board of directors (or a committee report to the shareholders of the related Policy Division, Office of Policy and of your board) may approve loans to associations. One comment letter was Analysis, Farm Credit Administration, designated parties; from the Farm Credit System 1501 Farm Credit Drive, McLean, (b) If you are an association, your Accounting Standards Work Group Virginia 22102–5090 or by fax to (703) funding bank may approve loans to (ASWG), on behalf of banks that present 734–5784. You may review copies of all designated parties; or their financial statements on a comments we receive in the Office of (c) If you are a bank or association, combined basis. The other comment your board of directors may delegate to Policy and Analysis, Farm Credit letter was from the Farm Credit Bank of your management approval for loans of Administration. Texas (which also has a representative $25,000 or less to designated parties, FOR FURTHER INFORMATION CONTACT: on the ASWG). Both commenters with post review by your board of Robert E. Donnelly, Senior Accountant, contended the requirement that banks directors. Office of Policy and Analysis, Farm distribute their annual report to an Dated: March 13, 2000. Credit Administration, McLean, VA association’s shareholders is of minimal Vivian L. Portis, 22102–5090, (703) 883–4450, TDD benefit to those shareholders. The Secretary, Farm Credit Administration Board. (703) 883–4444; commenters pointed out that we already or [FR Doc. 00–6568 Filed 3–16–00; 8:45 am] require associations to include in their Jennifer A. Cohn, Attorney, Office of own annual reports information about BILLING CODE 6705±01±P General Counsel, Farm Credit their financial and supervisory Administration, McLean, VA 22102– relationships with their related banks. FARM CREDIT ADMINISTRATION 5090, (703) 883–4020, TDD (703) 883– The commenters stated that because of 4444. the high costs of printing and mailing 12 CFR Part 620 SUPPLEMENTARY INFORMATION: annual reports to the associations’ shareholders (costs that are reflected in RIN 3052±AB94 I. Objectives the costs of funds of the associations Disclosure to Shareholders; Annual The objectives of our proposed and interest rates to their shareholders), Report amendment are to: the regulation imposes an undue • Allow banks (and indirectly their burden. We considered these comments AGENCY: Farm Credit Administration. related associations and their in drafting this proposed rule. ACTION: Proposed rule. shareholders) to save significant printing and mailing costs by relaxing B. Policy Background of This Rule SUMMARY: Our regulations require Farm the requirement that they must We first required banks to distribute Credit Banks (FCBs) and agricultural routinely distribute their annual reports their annual reports to their related credit banks (collectively referred to as to the shareholders of their related associations’ shareholders in March banks) that present their financial associations; and 1986. At that time, our regulations statements on a combined basis to • Ensure that association required banks to supervise closely the distribute their annual reports to the shareholders continue to receive the activities of their related associations. In shareholders of their related information they need about how their addition, many associations were associations. We propose to revise this associations’ relationships with related experiencing severe financial requirement to provide that a bank banks affect their own investments in difficulties and were relying heavily on generally need not distribute its annual the associations. their related banks for financial report to the shareholders of any related assistance. During the mid-1980s, banks II. Background association that discloses, in a separate were also experiencing their own section of its annual report, specified A. Reducing Regulatory Burden financial difficulties. These financial information about its financial and On August 18, 1998, we published a difficulties were caused both by rapid supervisory relationship with the bank. notice in the Federal Register that changes in interest rates that hindered The proposed amendment would, invited commenters to identify existing the banks’ debt funding strategies and however, require any bank that regulations and policies that impose by the financial stress from the banks experiences a ‘‘significant event’’ to unnecessary burdens on the System. See providing financial assistance to their distribute its annual report to the 63 FR 44176 (Aug. 18, 1998).1 We related associations. shareholders of its related associations. In part because banks and specifically requested commenters to We also propose to amend our associations were so interdependent, in focus on those regulations and policies regulation to provide that shareholders the mid-1980s we issued a regulation of Farm Credit System (System) 1 On November 18, 1998, we extended the requiring banks to distribute their institutions may obtain copies of an comment period to January 19, 1999. See 63 FR annual reports to shareholders of related institution’s financial reports by 64013 (Nov. 18, 1998). associations. In this way, the

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Analysis of Regulation their financial statements on a statements on a bank-only basis not to Amendments by Section combined basis with their related distribute their annual reports to the associations.2 This revision would make several shareholders of their related Through the intervening years, with changes based on our plain language associations. These banks must the objective of making associations initiatives. In addition, it would allow distribute the reports to shareholders of more accountable for their actions, we shareholders to obtain copies of an related associations only when the have changed or removed many of the institution’s financial reports by banks experience a ‘‘significant event’’ regulatory provisions that caused electronic mail or on its Web site, as that has a ‘‘material effect’’ on the associations to be financially dependent well as by mail or telephone. associations, as those terms are defined on their banks. For instance, we adopted Finally, the revision would provide in § 620.1 of our regulations. Currently, regulations that have caused that a bank generally need not distribute CoBank is the only bank that presents associations to strengthen their capital its annual report to the shareholders of its financial statements on a bank-only positions. In addition, we are using our any related association that discloses, in basis. CoBank, therefore, is the only enforcement authorities effectively to a separate section of its annual report, bank that we have not generally cause associations to operate in a more specified information about its financial required to distribute its annual report safe and sound manner. Because of and supervisory relationship with the to the shareholders of its related these and other factors, all associations bank. The regulation would, however, associations.7 have improved their financial strength require any bank that experiences a Our amended regulation would treat to a point that they are able to operate ‘‘significant event’’ to distribute its all banks (including CoBank) in a in a more independent manner. annual report to the shareholders of its similar way with respect to the In 1997, recognizing that related associations. We believe our distribution of annual reports. Banks circumstances had changed and that proposed revision would provide the generally would not need to distribute GAAP may no longer require certain regulatory relief the commenters their annual reports to the shareholders banks to present their financial requested. As discussed above in of any associations that disclosed, in a statements on a combined basis, we section II.B., we have allowed CoBank separate section of their own annual amended our regulations to allow banks not to distribute its annual reports to the reports, specified information about to present their financial statements on shareholders of related associations their financial and supervisory any basis that conforms to GAAP.3 At since 1996. We believe this arrangement relationship with their banks.8 Any the same time, we amended the annual has been beneficial for the affected bank that experienced a ‘‘significant report distribution requirement to allow shareholders and associations as well as event’’ that has a ‘‘material effect’’ on any bank that presents its financial CoBank. This revision would extend the associations, however, would have statements on a bank-only basis (e.g., similar relief to the FCBs.6 to distribute its annual report to the CoBank, ACB (CoBank)) not to shareholders of its related associations. distribute its annual reports to the A. Section 620.2(h) The information included in this shareholders of its related associations Existing § 620.2(h) requires separate section is information that on a routine basis. We now require institutions, in relevant part, to provide other existing regulations already banks that prepare their financial telephone numbers and addresses where require associations to disclose in their statements on a bank-only basis to shareholders may get copies of certain annual reports.9 Our amendment would provide annual reports to their related financial reports the institutions are merely provide that if an association associations’ shareholders only when required to make available. We propose presented this information in a separate the banks are affected by a ‘‘significant to amend this rule to provide that section of its annual report, its related event.’’ 4 We have ensured, however, institutions must also provide electronic bank would not be required to distribute that shareholders continue to receive mail and Web site addresses, if its own annual report to the information about the financial and available. For institutions and association’s shareholders.10 supervisory relationship between their shareholders that have this capability, The separate section, which could associations and the related bank. In we believe this extra method of incorporate by reference information another regulation, we require all receiving and responding to requests for from other sections of the annual report, associations to disclose in their annual financial reports would be cost-effective would have to include: reports information about these and convenient. relationships.5 We believe this set of We also propose to reorganize this 7 Based on facts and circumstances to date, GAAP has required the banks (other than CoBank) to regulations strikes the proper balance section using plain language. Other than present their financial statements on a combined the change discussed in the previous basis with their related associations. As a result, 2 Based on the facts and circumstances that these banks have been subject to the requirements existed in the 1980s, this requirement conformed at 6 In late 1999, the ASWG, on behalf of the FCBs, of existing § 620.4(b)(1), which requires them to that time with generally accepted accounting requested that we relieve the FCBs from having to distribute their annual reports to the shareholders principles (GAAP). distribute their annual reports to shareholders of of related associations on a routine basis. 3 See § 620.2(g), which reads: ‘‘Each Farm Credit related associations until any change to the 8 Although this amended rule would permit institution shall present its reports in accordance regulation becomes effective. In January 2000, we banks not to distribute their annual reports on a with generally accepted accounting principles and provided a letter to the ASWG stating that, subject routine basis, GAAP may continue to require them in a manner that provides the most meaningful to the same conditions we are proposing in this to present their financial statements on a combined disclosure to shareholders.’’ regulatory amendment, we would take no action basis depending on the facts and circumstances. 4 In addition, § 620.2(h)(3) requires all System against any FCB that did not distribute its annual 9 See §§ 620.2(h), 620.5. institutions to make their reports available free of report as required by § 620.4(b)(1). Unless we tell 10 This rule would not prohibit any bank from charge upon request. the FCBs otherwise, our letter remains in effect distributing its annual reports to the shareholders 5 See § 620.5. until this rulemaking becomes effective. of related associations if it wished to do so.

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1. The statement required by whether a bank or an association makes shareholders will be made available free § 620.2(h)(2), telling shareholders: this distribution, the cost to the of charge on request; and • That their investment in the association should remain more or less (iii) The telephone numbers and association may be materially affected the same. We ask commenters to addresses (including, if available, by the financial condition and results of consider whether this alternative is electronic mail and Web site addresses) operations of the related bank; more appropriate. where shareholders may obtain copies • That (if not otherwise provided) a Since 1996 we have permitted of the related bank’s financial reports. copy of the bank’s financial reports to CoBank (because it presents its financial * * * * * shareholders will be made available free statements on a bank-only basis) not to of charge upon request; and distribute its annual reports to the • Subpart BÐAnnual Report to The telephone numbers and shareholders of its related associations Shareholders addresses (including, if available, even if the associations have not electronic mail and Web site addresses) presented the specified information in a 3. Revise § 620.4(b) to read as follows: where shareholders may obtain copies separate section. We believe, however, of the related bank’s financial reports. that presenting this information in a § 620.4 Preparing and distributing the 2. If applicable, the following separate section would impose minimal, annual report. information required by § 620.5: if any, burden on CoBank’s four related * * * * * • The association’s obligation to associations. In addition, we believe it (b)(1) Except as required by paragraph borrow only from the bank unless the is important to treat all System banks (b)(2) of this section, a bank need not bank gives approval to the association to and associations in a consistent manner. distribute its annual report to the borrow elsewhere; Therefore, this rule would apply to shareholders of any related association • The major terms of any capital CoBank as well as to the FCBs. that discloses, in a separate section of its preservation, loss sharing, or financial annual report, its financial and List of Subjects in 12 CFR Part 620 assistance agreements between the supervisory relationship with the bank. association and the bank; Accounting, Agriculture, Banks, This separate section may incorporate • Any bank bylaw provisions Banking, Reporting and recordkeeping by reference information from other authorizing the bank to access the requirements, Rural areas. sections of the annual report. At a capital of the association; For the reasons stated in the • minimum, the separate section must The extent to which the bank has preamble, we propose to amend part include the statement required by assumed the association’s exposure to 620 of chapter VI, title 12 of the Code § 620.2(h)(2) and the following interest rate risk; and of Federal Regulations to read as • information required by § 620.5, if Any other material operational and follows: applicable: financial conditions that may contribute (i) The association’s obligation to to an interdependent relationship PART 620ÐDISCLOSURE TO borrow only from the bank unless the between the association and the bank. SHAREHOLDERS If associations chose to present this bank gives approval to the association to information in a separate section of their 1. The authority citation for part 620 borrow elsewhere; annual reports, we believe shareholders continues to read as follows: (ii) The major terms of any capital would be able to review the information Authority: Secs. 5.17, 5.19, 8.11 of the preservation, loss sharing, or financial they need about how their associations’ Farm Credit Act (12 U.S.C. 2252, 2254, assistance agreements between the relationships with their related banks 2279aa–11); secs. 424 of Pub. L. 100–233, 101 association and the bank; Stat. 1568, 1656. affect their own investments more (iii) Any bank bylaw provisions easily. With this information, we believe Subpart AÐGeneral authorizing the bank to access the shareholders would be able to decide capital of the association; whether they should ask for a copy of 2. Revise § 620.2(h)(1) and (2) to read (iv) The extent to which the bank has the bank’s annual report. If a particular as follows: assumed the association’s exposure to association chose not to present this § 620.2 Preparing and filing the reports. interest rate risk; and information in a separate section, its (v) Any other material operational and related bank would continue to be * * * * * (h)(1) Each annual report or notice financial conditions that may contribute required to distribute its annual report must state, in a prominent location to an interdependent relationship to the shareholders of that association. within the report or notice: between the association and the bank. We considered an alternative to our (i) That the institution’s quarterly (2) A bank must distribute its annual bank distribution proposal that would reports are available free of charge on report within the period required by require the association, rather than its request; paragraph (a) of this section to: bank, to distribute the bank’s annual (ii) The approximate dates the (i) The shareholders of any related report. Currently, associations quarterly reports will be available; and association that does not make the reimburse their banks either directly or (iii) The telephone numbers and disclosure described in paragraph (b)(1) indirectly for the cost of preparing and addresses (including, if available, of this section; or distributing the banks’ annual reports to electronic mail and Web site addresses) (ii) The shareholders of all related the shareholders of associations. where shareholders may obtain a copy Allowing the banks to require their associations if the bank experiences a of the reports. significant event that has a material associations to distribute the banks’ (2) Each association must state, in a effect on those associations. annual reports would provide added prominent location within each report: flexibility to the distribution process. (i) That the shareholders’ investment (3) Any bank that is required by We believe this added flexibility could in the association may be materially paragraph (b)(2) of this section to lead to cost savings that would benefit affected by the financial condition and distribute its annual report must not only the banks and their related results of operations of the related bank; coordinate its distribution with its associations, but also association (ii) That (if not otherwise provided) a related associations. shareholders. We note that regardless of copy of the bank’s financial reports to * * * * *

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Dated: March 13, 2000. Rules Docket number and be submitted presently includes both high-speed jets Vivian L. Portis, in triplicate to the address specified and slower speed reciprocating powered Secretary, Farm Credit Administration Board. under the caption ADDRESSES. All light aircraft and rotorcraft. [FR Doc. 00–6569 Filed 3–16–00; 8:45 am] communications received on or before The FAA establishes Class D airspace where necessary to provide a safe BILLING CODE 6705±01±P the closing date for comments will be considered, and this rule may be environment for aircraft transiting amended or withdrawn in light of the between the enroute and terminal airspace structures. This is particularly DEPARTMENT OF TRANSPORTATION comments received. Factual information that supports the commenter’s ideas and true when aircraft with greatly different Federal Aviation Administration suggestions is extremely helpful in performance characteristics operate at evaluating the effectiveness of this the same airport. Class D airspace areas 14 CFR Part 71 action and determining whether encompass that airspace in the vicinity additional rulemaking action would be of an airport from the surface upward to [Airspace Docket No. 2000±ANE±91] needed. a specified altitude in which pilots of Comments are specifically invited on aircraft must establish and maintain Proposed Establishment of Class D the overall regulatory economic, two-way radio communications with the and Class E Airspace; Oxford, CT environmental, and energy aspects of ATCT at that airport. This proposal AGENCY: Federal Aviation the rule that might suggest a need to would create a Class D airspace area in Administration (FAA), DOT. modify the rule. All comments the vicinity of the Waterbury-Oxford ACTION: Notice of proposed rulemaking. submitted will be available, both before Airport extending upward from the and after the closing date for comments, surface to 3,200 feet MSL within a 5- SUMMARY: This action proposes the in the Rules Docket for examination by mile radius of the airport. establishment of Class D and Class E interested persons. A report that In addition, the FAA finds that Class airspace areas at Oxford, CT (KOXC) to summarizes each FAA-public contact E airspace area, extending from the accommodate a new Air Traffic Control concerned with the substance of this surface as an extension of the Class D Tower at Waterbury-Oxford Airport, action will be filed in the Rules Docket. airspace area, is necessary in order to Oxford, Connecticut. Commenters wishing the FAA to provide sufficient controlled airspace to DATES: Comments for inclusion in the acknowledge receipt of their comments accommodate those aircraft arriving at Rules Docket must be received on or submitted in response to this rule must the airport using a standard instrument before May 16, 2000. submit a self-addressed, stamped approach procedure (SIAP). The postcard on which the following Waterbury Oxford Airport has a SIAP ADDRESSES: Send comments on the statement is made: ‘‘Comments to that requires the establishment of a proposal to: Manager, Airspace Branch, Docket No. 2000–ANE–91.’’ The Class E surface airspace area extending ANE–520, Federal Aviation postcard will be date stamped and to northwest of the airport along the Administration, Docket No. 2000–ANE– returned to the commenter. TBY NDB 353° bearing to a point 7.6 91, 12 New England Executive Park, miles from the airport. These proposals Burlington, MA 01803–5299; telephone Availability of NRPM’s will provide for the safe and efficient (781) 238–7520; fax (781) 238–7596. Any person may obtain a copy of this use of the navigable airspace in the Comments may also be sent NRPM by submitting a request to the vicinity of the Waterbury-Oxford electronically via the internet to the Federal Aviation Administration, Airport, and promote safe flight following address: ‘‘9-ane- Airspace Branch, ANE–520, Federal operations under both Instrument Flight [email protected]’’ Aviation Administration, 12 New Rules (IFR) and Visual Flight Rules The official docket file may be England Executive Park, Burlington, MA (VFR) by aircraft transiting to and from examined in the Office of the Regional 01803–5299. Communications must enroute airspace structure. Counsel, New England Region, ANE–7, identify the docket number of this Class D airspace designations are Room 401, 12 New England Executive NRPM. Persons interested in being published in Paragraph 5000 of FAA Park, Burlington, MA 01803–5299; placed on a mailing list for future Order 7400.9G, and Class E airspace telephone (781) 238–7050; fax (781– NPRM’s should also request a copy of designations for airspace designated as 238–7055. Advisory Circular No. 11–2a, which extensions of a Class D airspace area are An informal docket may also be describes the application procedure. published in paragraph 6004 of FAA examined during normal business hours Order 7500.9G. FAA Order 7400.9G, The Proposal in the Air Traffic Division, Room 408, dated September 1, 1999, and effective by contacting the Manager, Airspace The State of Connecticut has notified September 16, 1999, is incorporated by Branch at the first address listed above. the FAA that it has approved plans for reference in 14 CFR 71.1. The Class D FOR FURTHER INFORMATION CONTACT: the construction of a permanent Air and Class E airspace designations listed David T. Bayley, Air Traffic Division, Traffic Control Tower (ATCT) at in this document will be published Airspace Branch, ANE–520.7, Federal Waterbury-Oxford Airport (KOXC), subsequently in this Order. Aviation Administration, 12 New Oxford, Connecticut. Construction of England Executive Park, Burlington, MA the new ATCT should be complete in Agency Findings 01803–5299; telephone (781) 238–7586; May 2000, and the State has applied to This rule does not have federalism fax (781) 238–7596. have the ATCT operated under the FAA implications, as defined in Executive SUPPLEMENTARY INFORMATION: Contract Tower Program. Accordingly, Order 13132, because it does not have the State has requested that the FAA a substantial direct effect on the States, Comments Invited establish a Class D airspace area in on the relationship between the national Interested persons are invited to vicinity of the Waterbury-Oxford government and the States, or on the participate in this proposed rulemaking Airport commensurate with the distribution of power and by submitting such written data, views, commissioning of the new ATCT. Air responsibilities among the various or arguments as they may desire. traffic at the Waterbury-Oxford Airport levels of government. Accordingly, the Communications should identify the has grown over the past year and FAA has not consulted with state

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 14498 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules authorities prior to publication of this ANE CT E4 Oxford, CT [New] and Planning, Marine Safety Office, rule. Waterbury-Oxford Airport, CT Portland at (207) 780–3251. The FAA has determined that this (Lat. 41°28′46″N, long. 73°08′07″W SUPPLEMENTARY INFORMATION: regulation is noncontroversial and That airspace extending upward from the Request for Comments unlikely to result in adverse or negative surface within 3.6 miles on each side of the ° comments. For the reasons discussed in RBY NDB 353 bearing extending from a 5- The Coast Guard encourages the preamble, I certify that this mile radius of Waterbury-Oxford Airport to interested persons to participate in this 7.6 miles northwest of the TBY NDB. This regulation (1) Is not a ‘‘significant rulemaking by submitting comments Class E airspace area is effective during the and related material. Each person regulatory action‘‘ under Executive specific dates and times established in Order 12866; (2) Is not a ‘‘significant advance by a Notice to Airmen. The effective submitting comments should include rule’’ under Department of date and time will thereafter be continuously his/her name and address, identify the Transportation (DOT) Regulatory published in the Airport/Facility Directory. docket number for this rulemaking Policies and Procedures (44 FR 11034, * * * * * [CGD1–99–194–195–196], indicate the February 26, 1979); and (3) Does not specific section of this document to Issued in Burlington, MA, on March 3, which each comment applies, and give warrant preparation of a Regulatory 2000. the reason for each comment. Please Evaluation as these routine matters will William C. Yuknewicz, only affect air traffic procedures and air submit all comments and related Acting Manager, Air Traffic Division, New material in an unbound format, no navigation. It is certified that these England Region. larger than 81⁄4 by 11 inches, suitable for proposed rules will not have significant [FR Doc. 00–6553 Filed 3–16–00; 8:45 am] economic impact on a substantial copying. Persons requesting BILLING CODE 4910±13±M number of small entities under the acknowledgment of receipt of comments criteria of the Regulatory Flexibility Act. should include a stamped, self- addressed postcard or envelope. All DEPARTMENT OF TRANSPORTATION List of Subjects in 14 CFR Part 71 comments and material received during Airspace, Incorporation by references, Coast Guard the comment period will be considered Navigation (air). by the Coast Guard and may change this 33 CFR Part 100, 110, and 165 proposed regulation. The Proposed Amendment [CGD01±99±194] Public Hearing Accordingly, pursuant to the The Coast Guard does not plan to authority delegated to me, the Federal RIN 2115±AA 97, AA 98, AE 46 hold a public hearing. Persons may Aviation Administration proposes to request a public meeting by writing to amend part 71 of the Federal Aviation Temporary Regulations: Opsail Maine Commander, First Coast Guard District Regulations (14 CFR part 71) as follows: 2000, Portland, ME (m) via Marine Safety Office Portland, at AGENCY: Coast Guard, DOT. PART 71Ð[AMENDED] the address listed under ADDRESSES. The ACTION: Notice of proposed rulemaking. request should include reasons why a 1. The authority citation for part 71 public hearing would be beneficial. If SUMMARY: The Coast Guard proposes to continues to read as follows: establish a regulated area, safety zone the Coast Guard determines that oral Authority: 49 U.S.C. 10–6(g), 40103, 40113, and anchorage grounds during OPSAIL presentations would aid this 40120; E.O. 10854, 24 FR 9563, 3 CFR, 1959– MAINE 2000 events to be held between rulemaking, a hearing will be held at a 1963 Comp., p. 389. July 28 and 31, 2000 in the port of time and place announced by a later notice in the Federal Register. 2. The incorporation by reference in Portland, Maine. These regulations are 14 CFR 71.1 of Federal Aviation necessary to promote the safe navigation Background and Purpose Administration Order 7400.9G, Airspace of vessels, and the safety of life and OPSAIL Maine 2000, Inc. is property during the heavy volume of Designations and Reporting Points, sponsoring the OPSAIL Maine 2000 vessel traffic expected during this event. dated September 1, 1999, and effective Parade of Tall ships as well as a September 16, 1999, is amended as DATES: Comments and related material fireworks display. These events are follows: must reach the Coast Guard on or before scheduled to take place between July May 16, 2000. Paragraph 5000 Class D Airspace. 28th and 30th 2000 in the Port of ADDRESSES: Comments should be * * * * * Portland and surrounding waters. The mailed to: Commanding Officer, U.S. Coast Guard anticipates up to 1,000 ANE CT D Oxford, CT [New] Coast Guard Marine Safety Office, 103 spectator craft for these events. The Waterbury-Oxford Airport, CT Commercial St. Portland, Maine 04101– proposed rulemaking will provide (Lat. 41°28′46″N, long. 73°08′07″W 4726. The Response and Planning specific guidance on temporary That airspace extending upward from the Department, Coast Guard Marine Safety anchorage regulations, vessel movement surface to and including 3,200 feet MSL Office maintains the public docket for controls, and safety zones that will be in within a 5-mile radius of Waterbury-Oxford this rulemaking. Comments and effect at various times in those waters Airport. This Class D airspace is effective material received from the public, as during the period July 28–30, 2000. The during the specific dates and times well as documents indicated in this Coast Guard may establish additional established in advance by a Notice to preamble as being available in the Airmen. The effective date and time will regulated areas, anchorage grounds and docket, will become part of this docket safety zones once confirmation of the thereafter be continuously published in the and will be available for inspection or Airport/Facility Directory. exact number of participating vessels copying at the Coast Guard Marine becomes available. * * * * * Safety Office between 8 a.m. and 4 p.m., Paragraph 6004 Class E Airspace Areas Monday through Friday, except Federal Discussion of Proposed Rule Designated as Extensions to Class D Airspace Holidays. OPSAIL MAINE 2000, Inc is Areas. FOR FURTHER INFORMATION CONTACT: sponsoring OPSAIL MAINE 2000. This * * * * * Lieutenant R. Timme, Chief of Response event will consist of a parade of sailing

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14499 vessels from Portland Head Light past a spectator vessel use only. They restrict Small Entities reviewing stand located at Anchorage B. all other vessels from using these Under the Regulatory Flexibility Act This parade will continue to Portland anchorage grounds during a portion of (5 U.S.C. 601–612), we considered Main where the vessels will turn west- the OPSAIL MAINE 2000 event. whether this proposed rule will have a southwest and go to berth throughout Anchorage B will contain the official significant economic impact on a the Port of Portland. reviewing vessel. Anchorage C is substantial number of small entities. The Coast Guard estimates up to 1,000 designated for small vessel temporary The term ‘‘small entities’’ comprises spectator craft will attend the events. anchorages. Additionally, Spectator small businesses, not-for-profit The proposed regulations create Anchorage D is designated offshore of organizations that are independently temporary anchorage regulations, vessel South Portland in the Outer Harbor, and owned and operated and are not movement controls, and safety zones. Spectator Anchorage E is designated on dominant in their fields, and The regulations will be in effect at the southeast shore of Cushing Island. governmental jurisdictions with various times in Portland Harbor These are needed to provide viewing populations of less than 50,000. between July 28–30, 2000. The vessel areas for spectator vessels while Because it expects the impact of this congestion due to the large number of maintaining a clear parade route for the rule to be so minimal, the Coast Guard participating and spectator vessels poses participating OPSAIL MAINE 2000 certifies under section 605(b) of the a significant threat to the safety of life. vessels and to protect boaters and Regulatory Flexibility Act (5 U.S.C. 601 This proposed rulemaking is necessary spectator vessels from the hazards et seq.) that this proposed rule will not to ensure the safety of life on the associated with a parade of tall ships have a significant economic impact on navigable waters of the United States. transiting in close proximity in the a substantial number of small entities. Regulated Areas waters of Portland Harbor. These Assistance For Small Entities The Coast Guard proposes to establish proposed regulations are effective from In accordance with Sec. 213(a) of the a regulated area in Portland Harbor that 11 a.m. until 4 p.m. on July 28, 2000. Small Business Regulatory Enforcement will be in effect on July 28, 2000. This Safety Zones Fairness Act of 1996 (Public Law 104– proposed regulated area is needed to 121), the Coast Guard wants to assist protect the maritime public and The Coast Guard proposes to establish small entities in understanding this rule participating vessels from possible a safety zone in Portland Harbor for a so that they can better evaluate its hazards to navigation associated with a fireworks display, that will be in effect effects on them and participate in the parade of tall ships transiting the waters on July 28, 2000. In the case of of Portland outer harbor in close rulemaking process. inclement weather, the fireworks If you think that your business, proximity; and a large number of Tall display will be held on either July 29, organization, or governmental Ships and spectator craft anchored in or July 30, 2000 and the safety zone jurisdiction qualifies as a small entity close proximity throughout the duration would be in effect on those dates. The and that this rule would have a of these events. This regulated area proposed safety zone is needed to significant economic impact on it, includes vessel anchoring and operating protect the maritime public from please submit a comment (see restrictions. possible hazards associated with the ADDRESSES) explaining why you think it This Regulated Area covers the waters launching of fireworks in Portland of Portland Harbor Outer Harbor, Main qualifies and how and to what degree Harbor. The safety zone covers a 1500 this rule would economically affect it. Harbor and vicinity. It includes the foot radius around a barge located in following temporary anchorages Anchorage A for the fireworks display. Collection of Information established under 33 CFR § 110.T133 This proposed regulation is in effect This proposed rule would call for no created under this rule: Anchorage B, from 9 p.m. until 11 p.m. on July 28– new collection of information under the Anchorage C, Anchorage D offshore of 30, 2000. Paperwork Reduction Act of 1995 (44 South Portland, and Anchorage E off the U.S.C. 3501–3520.). southeast shore of Cushing Island. Regulatory Evaluation Following the tall ship parade, Portland Federalism This proposed rule is not a Harbor will reopen in sequence with the ‘‘significant regulatory action’’ under We have analyzed this proposed rule movement and mooring of the final section 3(f) of Executive Order 12866 under E.O. 13132 and determined that flotilla of tall ships. After the final and does not require an assessment of this rule does not have implications for flotilla of tall ships has passed potential costs and benefits under federalism under that Order. Anchorage B, vessel operators anchored section 6(a)(3) of that order. The office in the anchorage areas may depart for Unfunded Mandates Reform Act of Management and Budget has not locations outside Portland Harbor. This The Unfunded Mandates Reform Act reviewed it under that Order. It is not proposed regulated area is effective from of 1995 (2 U.S.C. 1531–1538) governs significant under the regulatory policies 11 a.m. until 4 p.m. on July 28, 2000. the issuance of Federal regulations that and procedures of the Department of require unfunded mandates. An Anchorage Regulations Transportation (DOT) (44 FR 11040; unfunded mandate is a regulation that February 26, 1979). The Coast Guard also proposes to requires a State, local, or tribal establish temporary Anchorage Due to the short duration of these government or the private sector to Regulations for participating OPSAIL marine events and fireworks events and incur direct costs without the Federal MAINE 2000 ships and spectator craft. the advance notice provided to the Government’s having first provided the The Anchorage regulations in 33 CFR maritime community, the Coast Guard funds to pay those costs. This proposed § 110.132 will be temporarily suspended expects the economic impact of this rule would not impose an unfunded by this regulation and new Anchorage regulation to be so minimal that a full mandate. Grounds and regulations will be Regulatory Evaluation under paragraph temporarily established. The proposed 10(e) of the regulatory policies and Taking of Private Property anchorage regulations temporarily procedures of the Department of This proposed rule would not effect a establish Anchorage grounds for Transportation is unnecessary. taking of private property or otherwise

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 14500 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules have taking implications under E.O. vicinity within the following specifically authorized to do so by the 12630, Governmental Actions and boundaries: east of the Casco Bay Bridge Coast Guard Captain of the Port, Interference with Constitutionally in the Fore River; east of the line drawn Portland, Maine or his on-scene Protected Property Rights. from Fish Point at 43°39′59″ N– representative. Authorization may be 70°14′17″W to Back Cove Approach obtained by contacting Coast Guard Civil Justice Reform Buoy No 3 (LLNR 7845) at 43°40′17’’ N– Group Portland on channel 16 VHF–FM. This proposed rule meets applicable 70°14′05″ W ; south of the line thence Any vessel authorized to enter the standards in sections 3(a) and 3(b)(2) of drawn to Back Cove Approach Buoy No Regulated Area during the Parade of E.O. 12988, Civil Justice Reform, to 4 (LLNR 7850) at 43°40′21″ N–70°13′42″ Tall Ships must not, under any minimize litigation, eliminate W; south-southwest of the line thence circumstances, cross through the ambiguity, and reduce burden. drawn to Back Cove Approach Buoy No parade, or maneuver alongside within ° ′ ″ ° ′ ″ Protection of Children 2 (LLNR 7850) at 43 40 10 N–70 13 22 100 yards of any OPSAIL MAINE 2000 W; south-southwest of the line thence vessel. We have analyzed this proposed rule drawn to Casco Bay Channel Buoy No (6) No vessel is permitted to anchor in under E.O. 13045, Protection of 2 (LLNR 7235) at 43°39′50″ N–70°12′52″ the main shipping channel at any time. Children from Environmental Health W; south-southwest of the line thence Vessels which need to anchor to Risks and Safety Risks. This rule is not drawn to House Island Buoy No 1 maintain position will only do so in an economically significant rule and (LLNR 7220) at 43°39′22″ N–70°12′20″ designated temporary anchorage areas. does not concern an environmental risk W; west of the line thence drawn to the (7) All persons and vessels shall to health or risk to safety that may northernmost point of Cushing Island at comply with the instructions of on- disproportionately affect children. 43°38′49″ N–70° 12′11″ W; west of the scene Coast Guard patrol personnel. On- Environment line from the easternmost point of scene patrol personnel include Cushing Island at 43°38′43″ N–70°11′25″ commissioned, Warrant and Petty We have considered the W to Ram Island Ledge Light (LLNR Officers of the Coast Guard on board environmental impact of this proposed 7575) at 43°37′54″ N–70°11′12″ W; north Coast Guard, Coast Guard Auxiliary, or rule and concluded that, under Figure of the line thence drawn to Portland local law enforcement vessels. 2–1, paragraph 34 (f), (g) and (h), of Head Light (LLNR 7565) at 43°37′24″ N– Commandant Instruction M16475.1C, it 70°12′30″ W; thence along the shore of PART 110Ð[AMENDED] will have no significant environmental South Portland back to the Casco Bay impact and it is categorically excluded 3. The authority citation for Part 110 Bridge. continues to read as follows: from further environmental (b) Effective dates: This regulation is documentation. A ‘‘Categorical effective from 11 a.m. until 4 p.m. on Authority: 33 U.S.C. 471; 1221 through Exclusion Determination’’ is available in July 28, 2000. 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 the docket where indicated under (c) Special Local Regulation: CFR 1.05–1(g) ADDRESSES. (1) No vessel except OPSAIL MAINE 4. From July 28 through July 30, 2000 2000 participating vessels and their List of Subjects § 110.132 is suspended and new assisting tugs, spectator vessels, and § 100.T136 is added as follows: 33 CFR Part 100 those vessels exempt from the § 110.T136 Portland Harbor, ME. Marine safety, Navigation (water), regulations in this section, may enter or (a) The anchorages. All anchorages in Reporting and record keeping navigate within the Regulated Area, this paragraph are effective as specified. requirements, Waterways. unless specifically authorized by the Coast Guard Captain of the Port, Vessel operators using the anchorages in 33 CFR Part 110 Portland, Maine or his on-scene this paragraph must comply with the Anchorage Grounds representative. general operational requirements (2) Commercial vessels which need to specified in paragraph (c) of this 33 CFR Part 165 transit the Regulated Area, and are not section. All coordinates are NAD 1983. Harbors, Marine safety, Navigation going to a spectator vessel anchorage, (1) Anchorage B. (water), Reporting and record keeping must obtain permission from the Coast (i) That area bound by the following ° ′ ″ ° ′ ″ requirements, Security measures, Guard Captain of the Port, Portland, points; 43 39 35 N–70 13 30 W (Fort Waterways. Maine or his on-scene representative, Gorges Island Ledge Buoy 4, LLNR ° ′ ″ ° ′ ″ For the reasons discussed in the prior to entering the Regulated Area. 7685); 43 39 50 N–70 12 55 W; (3) Spectator vessels within the 43°39′26″ N–70°12′27″ W; 43°39′08″ N– preamble, the Coast Guard proposes to ° ′ ″ amend 33 CFR Parts 100, 110, and 165 Regulated Area shall remain in 70 12 58 W (NAD 1983). (ii) Anchorage B is intended for as follows: designated anchorages during the effective period unless specifically general purposes, but especially for use PART 100Ð[AMENDED] authorized by the Coast Guard Captain by oil tankers and other large deep-draft of the Port, Portland, or his on-scene ships entering harbor at night and 1. The authority for part 100 representative. intending to proceed to the dock continues to read as follows: (4) Spectator vessels transiting the allotted at daylight the following Authority: 33 U.S.C. 1233 through 1236; 49 Regulated Area must do so at a no wake morning or as soon as practicable. This CFR 1.46; 33 CFR 100.35. speed, or at speeds not to exceed 5 area is also to be used for quarantine 2. Add Temporary § 100.CGD1–194 to knots, whichever is less. anchorage. Vessels must be so anchored read as follows: (5) Not withstanding paragraph (c)(1) in this area as to leave at all times an of this section, no vessel other than open usable channel at least 100 feet § 100.CGD1±194 Regulated Area, Main OPSAIL MAINE 2000, their assisting wide for passage of ferry and other boats Harbor, Portland, Maine. tugs, and enforcement vessels, may between Portland and islands in Luckse (a) Regulated Area: A regulated area is enter or navigate within the boundaries Sound and Hussey Sound. Any vessels established in the waters of Portland of the main shipping channel within the anchored in this area shall be ready to Harbor, Outer Harbor, Main Harbor and Regulated Area unless they are move on short notice when ordered to

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14501 do so by the Captain of the Port, or on (iii) Not leave vessels unattended in be held from 9 p.m. to 10 p.m. Eastern scene Coast Guard patrol personnel. any anchorage or spectator area at any Daylight Time (EDT) on July 4, 2000 in (2) Anchorage C. time. Skull Creek, Hilton Head, SC. These (i) That area bounded by the following (iv) Not tie off to any buoy. regulations are needed to provide for the points: the eastern most point on House (v) Not maneuver between anchored safety of life on navigable waters during Island 43°39′16″ N–70°12′24″ W, to the vessels. the event. (vii) Not nest or tie off to other vessels point on Cushing Island at 43°38′49″ N– DATES: Comments and related material 70°12′11″ W; thence along the western in that anchorage or spectator area. must reach the Coast Guard on or before shore of Cushing Island to its May 16, 2000. ° ′ ″ PART 165Ð[AMENDED] southernmost point at 43 38 03 N– ADDRESSES: ° ′ ″ Comments should be 70 12 24 W; to Maine Approach 5. The authority citation for part mailed to Commanding Officer, U.S. Lighted Bell Buoy ‘‘12’’, (LLNR 7580) at 165.11 continues to read: ° ′ ″ ° ′ ″ Coast Guard, Marine Safety Office, 196 43 38 00 N–70 12 30 W; to Fort Authority: 33 U.S.C. 1225 and 1231; 50 Tradd Street, Charleston, SC 29401. Scammel Point Light 2 (LLNR 7605) at U.S.C. 191; 49 CFR 1.46 and 33 CFR 1.05– ° ′ ″ ° ′ ″ Comments will become part of this 43 38 54 N–70 12 54 W; thence along 1(G), 6.04–1, 6.04–6, and 160.5. docket and will be available for the south-eastern shoreline to the 6. Add new § 165.CGD1–195 to read inspection or copying at the above beginning. (All positions NAD 1983.) as follows: address. (ii) This anchorage is intended for use by small vessels and for temporary § 165.CGD1±195 Safety Zone: OPSAIL FOR FURTHER INFORMATION CONTACT: Ms. anchorages. Maine 2000 Fireworks Display, Portland Kathy Porter at (843) 681–2772 x100. (3) Spectator Anchorage D. Harbor, Portland, ME. SUPPLEMENTARY INFORMATION: (a) Location. The following area is a (i) That area bound by the following Background and Purpose points: Spring Point Ledge Light (LLNR safety zone: All waters in a radius of 7610) at 43°39′06″ N–70°13′30″ W (NAD 1500 feet around a pyrotechnics barge These proposed regulations are 1983); to Portland Head Light, (LLNR located at approximate position required to provide for the safety of life ° ′ ″ ° ′ ″ 7565) 43°37′24″ N–70°12′30″ W (NAD 43 40 07 N–70 13 45 W (NAD 1983). on navigable waters because of the 1983); thence along the shoreline of (b) Effective dates. This regulation is inherent danger of fireworks during the South Portland to the point of effective from 9 p.m. until 11 p.m. on Skull Creek July 4th celebration, Skull beginning. (All positions NAD 1983.) July 28, 29 and 30, 2000. Creek, Hilton Head GA. (ii) This anchorage is intended for use (c) Regulations. (1) The general regulations contained Request for Comments by small vessels and for temporary in 33 CFR 165.23 apply. anchorages. The Coast Guard encourages (2) Vessel operators must maneuver as interested persons to participate in this (4) Spectator Anchorage E. directed by on-scene Coast Guard patrol rulemaking by submitting written views, (i) That area bounded by the following personnel. On scene Coast Guard patrol data, or arguments. Persons submitting points: the eastern most point of personnel include commissioned, ° ′ ″ ° ′ ″ comments should include their names Cushing Island at 43 38 43 N–70 14 17 warrant, and petty officers of the Coast and addresses, identify this notice W; to Ram Island Ledge Light (LLNR Guard on board Coast Guard, Coast ° ′ ″ ° ′ ″ [CGD07–00–012] and the specific 7575) at 43 37 24 N–70 12 30 W; to Guard Auxiliary, or law enforcement section of this proposal to which their the floating aids to navigation Maine vessels. comments apply and give reasons for Approach Lighted Bell Buoy ‘‘12’’ each comment. The Coast Guard (LLNR 7580) at 43°37′24″ N–70°12′30″ Dated: February 29, 2000. G. N. Naccara, requests that all comments and W; to the southern most point of ″ ″ Rear Admiral, U.S. Coast Guard, Commander, attachments be submitted in an 8 X 11 Cushing Island; thence along the south- unbound format suitable for copying eastern shore to the point of beginning. First Coast Guard District, Boston, Massachusetts. and electronic filing. If that is not (All positions NAD 1983.) practical, a second copy of any bound (ii) This anchorage is intended for use [FR Doc. 00–6686 Filed 3–16–00; 8:45 am] BILLING CODE 4910±15±U material is requested. Persons by small vessels and for temporary requesting acknowledgment of receipt of anchorages. comments should enclose a stamped, (b) Effective dates: This section is DEPARTMENT OF TRANSPORTATION self-addressed postcard or envelope. effective from 11 a.m. until 4 p.m. on The Coast Guard will consider all July 28, 2000. Coast Guard comments received during the comment (c) Regulations. Vessel operators using period. The regulations may be changed any of the anchorages established in this 33 CFR Part 165 in view of the comments received. All section shall: [CGD07±00±012] comments received before the (i) Ensure their vessels remain safely expiration of the comment period will in position under all prevailing RIN 2115±AE446 be considered before final action is conditions. taken on this proposal. (ii) Comply as directed by on-scene Special Local Regulations: Skull The Coast Guard plans no public Coast Guard patrol personnel. On-scene Creek, Hilton Head, SC hearing. Persons may request a public Coast Guard patrol personnel include AGENCY: Coast Guard, DOT. hearing by writing to Commander Coast commissioned, warrant, and petty ACTION: Notice of proposed rulemaking. Guard Group Miami at the address officers of the Coast Guard on board under ADDRESSES. The request should Coast Guard, Coast Guard Auxiliary, or SUMMARY: The Coast Guard proposes to include the reasons why a hearing local law enforcement vessels. adopt temporary Special Local would be beneficial. If it determines that (iii) Vacate anchorages after Regulations for the Skull Creek July 4th the opportunity for oral presentations termination of the effective period for celebration Fireworks Display, Skull will aid this rulemaking, the Coast those areas. Creek, Hilton Head, SC. The event will Guard will hold a public hearing at a

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 14502 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules time and place announced by a notice wish to comment on actions by In consideration of the foregoing, the in the Federal Register. employees of the Coast Guard, call 1– Coast Guard proposes to amend 33 CFR 888-REG-FAIR (1–888–734–3247). Part 100 as follows: Regulatory Evaluation This proposal is not a ‘‘significant Collection of Information PART 100Ð[AMENDED] regulatory action’’ under section 3(f) of This proposal calls for no new 1. The authority citation for Part 100 Executive Order 12866 and does not collection of information requirements continues to read as follows: require an assessment of potential costs under the Paperwork Reduction Act (44 and benefits under section 6(a)(3) of that U.S.C. 3501 et seq.). Authority: 33 U.S.C. 1233, 49 CFR 1.46, order. The Office of Management and and 33 CFR 100.35. Federalism Budget has not reviewed it under that 2. Add temporary § 100.35T–07–012 order. It is not ‘‘significant’’ under the We have analyzed this proposal under to read as follows: regulatory policies and procedures of Executive Order 13132 and have the Department of Transportation (DOT) determined that this rule does not have § 100.35T±07±012 Skull Creek July 4th (44 FR 11040; February 26, 1979). The implications for federalism under that Celebration, Skull Creek, Hilton Head SC. Coast Guard expects the economic order. (a) Regulated Area: A regulated area is impact of this proposal to be so minimal established for the waters in Skull that a full Regulatory Evaluation under Unfunded Mandates Reform Act Creek, Hilton Head, SC, encompassing paragraph 10(e) of the regulatory The Unfunded Mandates Reform Act an area within a 500 foot radius from policies and procedures of DOT is of 1995 (2 U.S.C. 1531–1538) governs position 32°13.95′N, 080°45.1′W. All unnecessary. The regulated area will the issuance of Federal regulations that coordinates referenced use Datum: NAD only be in effect for 2 hours on one day. require unfunded mandates. An 1983. unfunded mandate is a regulation that (b) Coast Guard Patrol Commander. Small Entities requires a State, local, or tribal The Coast Guard Patrol Commander is Under the Regulatory Flexibility Act government or the private sector to a commissioned, warrant, or petty (5 U.S.C. 601 et seq.), the Coast Guard incur direct costs without the Federal officer of the Coast Guard who has been must consider whether this rule will Government’s having first provided the designated by Commanding Officer, have a significant economic effect upon funds to pay those unfunded mandate Group Charleston, SC. a substantial number of small entities. costs. This proposal will not impose an (c) Special Local Regulations: Entry ‘‘Small entities’’ include small business, unfunded mandate. into the regulated area by other than not-for-profit organizations that are event participants is prohibited, unless Taking of Private Property independently owned and operated and otherwise authorized by the Patrol are not dominant in their fields, and This proposal will not effect a taking Commander. Spectator craft are required governmental jurisdictions with of private property or otherwise have to remain in a spectator area to be populations of less than 50,000. taking implications under E.O. 12630, established by the event sponsor The The Coast Guard certifies under 5 Governmental Actions and Interference Club Group, LTD. U.S.C. 605(b) that this rule will not have with Constitutionally Protected Property (d) Dates: These regulations become a significant economic impact on a Rights. effective at 8:30 p.m. and terminate at substantial number of small entities as 10:30 p.m. EDT on July 4, 2000. the regulations will only be in effect for Civil Justice Reform Dated: March 3, 2000. 2 hours in a limited area near Hilton This proposal meets applicable Head, South Carolina. standards in sections 3(a) and 3(b)(2) of Thad. W. Allen, Rear Admiral, U.S. Coast Guard, Commander, Assistance for Small Entities E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate Seventh Coast Guard District. Under section 213(a) of the Small ambiguity, and reduce burden. [FR Doc. 00–6687 Filed 3–16–00; 8:45 am] Business Regulatory Enforcement BILLING CODE 4910±15±U Fairness Act of 1996 (Pub. L. 104–221), Protection of Children we offer to assist small entities in We have analyzed this proposal under understanding the rule so that they E.O. 13045, Protection of Children from DEPARTMENT OF TRANSPORTATION could better evaluate its effects on them Environmental Health Risks and Safety Coast Guard and participate in the rulemaking Risks. This rule is not an economically process. Small entities may contact the significant rule and does not concern an 33 CFR Part 165 person listed under FOR FURTHER environmental risk to health or safety INFORMATION CONTACT for assistance in that may disproportionately affect [COTP MIAMI 00±015] understanding and participating in this children. rulemaking. We also have a point of RIN 2115±AA97 Environment contact for commenting on actions by Safety Zone: OpSail Miami 2000, Port employees of the Coast Guard. Small The Coast Guard considered the of Miami businesses may send comments on the environmental impact of this proposal actions of Federal employees who and has determined pursuant to Figure AGENCY: Coast Guard, DOT. enforce, or otherwise determine 2–1, paragraph 34(h) of Commandant ACTION: Notice of proposed rulemaking compliance with Federal regulations to Instruction M16475.1C, that this the Small Business and Agriculture proposal is categorically excluded from SUMMARY: The Coast Guard proposes to Regulatory Enforcement Ombudsman further environmental documentation. establish temporary regulations in the and the Regional Small Business Port of Miami for OpSail Miami 2000 Regulatory Fairness Boards. The List of Subjects in 33 CFR Part 100 activities. This action is necessary to Ombudsman evaluates these actions Marine safety, Navigation (water), provide for the safety of life and annually and rates each agency’s Reporting and recordkeeping property on navigable waters during responsiveness to small business. If you requirements, Waterways. OpSail Miami 2000. This action will

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14503 restrict vessel traffic in portions of the days. This time period is adequate to direction along the Main Channel, Port of Miami. allow local input because we previously thence along Government Cut, thence DATES: Comments and related material published an ANPRM, no comments along Bar Cut, thence along Outer Bar must reach the Coast Guard on or before were received, the event is highly Cut, to the vicinity of Miami Lighted May 1, 2000. publicized, and the shortened comment Bouy M (Light List Number (LLNR) ADDRESSES: You may mail comments period will allow the full 30-day 10455–895), located at 25 degrees, 46.0 and related material to the Port publication requirement prior to the minutes North latitude, 080 degrees, Management and Response Department, final rule becoming effective. Copies of 05.0 minutes West longitude. The area Coast Guard Marine Safety Office, P.O. this proposal will also be placed in the of Miami Lighted Buoy M is the Box 01–6940, Miami, Florida 33101– local notice to mariners. termination area for the parade. Vessels subject to local pilotage rules 6940, or deliver them during regular Public Meeting office hours, Monday through Friday, to shall have a Biscayne Bay pilot The Coast Guard plans no public embarked for the outbound parade from Room 201, Coast Guard Marine Safety meeting. You may request a public moorings. Pilots are expected to Office Miami, 100 MacArthur meeting by writing to the Port disembark from their assigned sail Causeway, Miami Beach, Florida 33197. Management and Response Department vessels in the area of Miami Lighted Coast Guard Marine Safety Office Miami of Coast Guard Marine Safety Office Buoy M. Once out of the parade, the maintains the public docket for this Miami at the address under ADDRESSES. majority of sail vessels are expected to rulemaking. Comments and material The request should include the reasons turn north and skirt the south Florida received from the public, as well as why a hearing would be beneficial. If we Atlantic Coast en route to their next port documents indicated in this preamble as determine that the opportunity for oral of call. being available in the docket, will presentations will aid this rulemaking, Waterborne spectator areas have been become part of this docket and will be it will hold a public hearing at a time designated by the event sponsor to be on available for inspection or copying at and place announced by a later notice either side of Bar Cut and Outer Cut in room 201, Coast Guard Marine Safety in the Federal Register. the open ocean. These areas will be Office Miami, between 8 a.m., E.S.T. delineated by lines of marker floats and 3 p.m., E.S.T. Monday through Background and Purpose placed by the sponsor. The marker floats Friday, except Federal holidays. The proposed temporary regulations will be round balls, orange in color, and FOR FURTHER INFORMATION CONTACT: are for OpSail Miami 2000 events spaced approximately 200 yards apart. Lieutenant Joseph Boudrow, Port scheduled to be held in portions of the They will be placed 100 yards out from Management and Response Department, Port of Miami over the period of June 6– the aids to navigation that mark each Coast Guard Marine Safety Office 10, 2000. This rule is proposed to side of the channel. Spectator craft will Miami, (305) 535–8705. provide for the safety of life and be expected to remain behind the SUPPLEMENTARY INFORMATION: property on navigable waters during marker float lines for the duration of the OpSail Miami 2000 events. parade. Regulatory Information Because of the number of the sail Discussion of Proposed Rule On December 17, 1999, the Coast vessels, fireworks displays, and the Guard published an advanced notice of OpSail Miami 2000, Inc., is large number of spectator watercraft proposed rulemaking; request for sponsoring OpSail Miami 2000 expected during the parade, the Coast comments (ANPRM) entitled OPSAIL activities which consist of the arrival, Guard proposes temporary regulations 2000, Port of Miami in the Federal display, and departure parade of for the creation of a temporary safety Register (64 FR 70650). The Coast Guard numerous large U. S. and foreign flagged zone and vessel movement controls in received no letters commenting on the sail vessels. One or more fireworks portions of the Port of Miami and its anticipated rulemaking. No public displays may be conducted during the channels affected by this event. The hearing was requested and none was period of sail vessel visit. Currently, regulations will be in effect at various held. approximately 20 Class A (175 feet or times in portion of the Port of Miami larger in length) and 20 smaller Class B during the period of June 6, 2000 Request for Comments (100 feet up to 175 feet) and C (up to through June 10, 2000. The vessel We encourage interested persons to 100 feet) sail vessels have confirmed congestion due to the large number of participate in this rulemaking by that they will participate in OpSail participant and spectator vessels poses submitting comments and related Miami 2000. Event sponsors anticipate a significant threat to the safety of life material. Your comments should as many as 100 sail vessels may and property. The Coast Guard has include your name and address, identify ultimately be involved. determined this proposed rulemaking is the docket number for this rulemaking Participant sail vessels will begin necessary to ensure the safety of life and (COTP Miami 00–015) and the specific arriving in the Port of Miami on June 6, property on the navigable waters of the section of this proposal to which each 2000 and will moor alongside Dodge United States within portions of the Port comment applies and give the reason for Island within the Port of Miami. These of Miami affected by this event. each comment. Please submit two vessels will be open to the public during copies of all comments and attachments certain hours between June 7 and June Regulated Area in an unbound format, no larger than 8- 9, 2000. On June 10, 2000, these vessels The Coast Guard proposes to establish 1⁄2 by 11 inches, suitable for copying will make their departure from the Port a temporary safety zone for the Parade and electronic filing. If you want to of Miami in a parade commencing of Sail on June 10, 2000. The proposed know if your comment is received, approximately 12 noon EST and ending safety zone shall include all waters in enclose a stamped, self-addressed approximately 2 p.m. EST. Participant the Port of Miami within the turning postcard or envelope. We will consider sail vessels will proceed from their basin at the west end of Main Channel all comments received during the moorings to the turning basin at the bounded by the bridges connecting comment period and may change this west end of the Main Channel. From the Dodge Island and Watson Island to the proposal in view of the comments. The turning basin, they will proceed in 300 mainland, respectively, the Main comment period for this regulation is 45 to 500 yard intervals in an ocean bound Channel, Lummus Island Cut east of a

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 14504 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules line drawn northward from the west end 605(b) that this proposed rule would not Unfunded Mandates Reform Act of Fisher Island, Government Cut, Bar have a significant economic impact on Cut, and Outer Bar Cut. This safety zone a substantial number of small entities. The Unfunded Mandates Reform Act also includes all the waters 500 yards on This proposed rule would affect the of 1995 (2 U.S.C. 1531–1538) governs either side of Bar Cut and Outer Bar Cut following entities, some of which might the issuance of Federal regulations that seaward of the jetties to Miami Lighted be small entities: the owners or require unfunded mandates. An unfunded mandate is a regulation that Buoy M (LLNR 10455–895). Entry into operators of vessels intending to transit requires a State, local, or tribal the safety zone by non-participating those portions of the Port of Miami government or the private sector to vessels will be prohibited. The Coast during the six hour periods of safety incur direct costs without the Federal Guard expects many spectator craft for zone enforcement. These regulations Government’s having first provided the this millennium event. These craft will would not have a significant economic funds to pay those costs. This proposed be allowed to view the Parade of Sail impact on a substantial number of small rule would not impose no unfunded vessels from viewing areas on either entities for the following reasons. mandate. side of Bar Cut and Outer Bar Cut. These Although these regulations would apply areas will delineated by marker floats to a substantial portion of the Port of Taking of Private Property placed by the sponsor of the event. Miami, the periods of the regulatory This proposed rule would not effect a enforcement will be of short duration. Regulatory Evaluation taking of private property or otherwise Before the effective periods, the Coast This proposed rule is not a have taking implications under E.O. Guard will make notifications to the ‘‘significant regulatory action’’ under 12630, Governmental Actions and public via mailings, facsimiles, the section 3(f) of Executive Order 12866 Interference with Constitutionally Local Notice to Mariners, and use of the and does not require an assessment of Protected Property Rights. potential costs and benefits under sponsor Internet site. In addition, section 6(a)(3) of that Order. The Office OpSail Miami 2000, Inc., the sponsoring Civil Justice Reform organization, is planning to publish of Management and Budget has not This proposed rule meets applicable reviewed it under that Order. It is not information of the event in local newspapers, pamphlets, and television standards in sections 3(a) and 3(b)(2) of significant under the regulatory policies E.O. 12988, Civil Justice Reform, to and radio broadcasts. If you think that and procedures of the Department of minimize litigation, eliminate your business, organization, or Transportation (DOT) (44 FR 11040; ambiguity, and reduce burden. February 26, 1979). governmental jurisdiction qualifies as a We expect the economic impact of small entity and that this rule would Protection of Children have a significant economic impact on this proposed rulemaking to be so The Coast Guard has analyzed this minimal that a full Regulatory it, please submit comments (see ADDRESSES) explaining why you think it proposed rule under E.O. 13045, Evaluation under 10e of the regulatory Protection of Children from policies and procedures of DOT is qualifies and how and to what degree this rule would economically affect it. Environmental Health Risks and Safety unnecessary. Although the proposed Risks. This rule is not an economically rule prohibits all non-parade related Assistance for Small Entities significant rule and does not concern an traffic in the area of the temporary safety environmental risk to health or risk to zone on Saturday, June 10, 2000, the Under section 213(a) of the Small safety that may disproportionately affect effect of this regulation will not be Business Regulatory Enforcement children. significant for the following reasons: the Fairness Act of 1996 (Pub. L. 104–121), regulation will be in effect for less than we will assist small entities in Environment 6 hours; the maritime community will understanding this proposed rule so that We considered the environmental receive extensive advance notices they can better evaluate its effects on impact of this action and have initially through Local Notices to Mariners, them and participate in the rulemaking. determined under Figure 2–1, paragraph facsimile, and marine information If the rule would affect your small 34(g) of Commandant Instruction broadcasts, maritime association business, organization, or governmental M16475.1C, that this proposed rule will meetings, and Miami area newspapers; jurisdiction and you have questions be categorically excluded from further and specific viewing areas will be concerning its provisions or options for environmental documentation. A marked for spectator vessels. Mariners compliance, please contact Lieutenant Categorical Exclusion Determination and commercial vessels can adjust their Joe Boudrow, Coast Guard Marine will be available in the docket where plans accordingly. Safety Office Miami at (305) 535–8705. indicated under ADDRESSES. By Small Entities Collection of Information controlling vessel traffic during the Under the Regulatory Flexibility Act event, this proposed rule is intended to (5 U.S.C. 601–612), we considered The Coast Guard anticipates that this minimize environmental impacts of whether this proposed rule has a rulemaking will not require any new increased vessel traffic during the significant economic impact on a collection of information under the parade of sail. Paperwork Reduction Act of 1995 (44 substantial number of small entities. List of Subjects in 33 CFR Part 165 The term ‘‘small entities’’ comprises U.S.C. 3501–3520). small businesses, not-for-profit Federalism Harbors, Marine Safety, Navigation organizations that are independently (water), Reporting and recordkeeping owned and operated and are not This action has been analyzed in requirements, Security measures, dominant in their fields, and accordance with the principles and Waterways. governmental jurisdictions with criteria contained in Executive Order Proposed Regulations populations of less than 50,000. 13132, and it has been determined that For the reasons discussed in the the rulemaking does not have sufficient For the reasons discussed in the Regulatory Evaluation section above, the Federalism implications to warrant the preamble, the Coast Guard proposes to Coast Guard certifies under 5 U.S.C. preparation of a Federalism Assessment. amend 33 CFR Part 165, as follows:

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PART 165Ð[AMENDED] the prohibition against circumvention of 66139 (November 24, 1999). For a more technological measures that control complete statement of the background 1. The Authority citation for Part 165 access to copyrighted works. The Office and purpose of the rulemaking, please continues to read as follows: also announces the extension of the see the Notice of Inquiry which is also Authority: 33 U.S.C. 1231; 50 U.S.C. 191; deadline for the submission of reply available on the Copyright Office’s 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; comments and announces the deadlines website at: http://www.loc.gov/ 49 CFR 1.46. for submission of post-hearing copyright/1201/anticirc.html. 2. A temporary § 165.T 07–015 is comments. The hearings and comments Subsection 1201(a)(1)(A) provides, added to read as follows: relate to a rulemaking proceeding inter alia, that ‘‘No person shall conducted in accordance with 17 U.S.C. circumvent a technological measure that § 165.T07±015 Safety Zone; Miami, Florida 1201(a)(1), which was added by the effectively controls access to a work (a) Regulated area. A temporary safety Digital Millennium Copyright Act, and protected under this title.’’ zone is established for Opsail Miami which will determine whether there are Subparagraph (B) limits this 2000 events, including a parade of sail ‘‘classes of works’’ as to which users are, prohibition. It provides that the vessels to include all waters in the Port or are likely to be, adversely affected in prohibition against circumvention of of Miami within the turning basin at the their ability to make noninfringing uses technological measures ‘‘shall not apply west end of Main Channel bounded by if they are prohibited from to persons who are users of a the bridges connecting Dodge and circumventing such technological copyrighted work which is in a Watson Islands with the mainland, measures. particular class of works, if such Main Channel, Lummus Island Cut east persons are, or are likely to be in the DATES: The deadline for reply comments of a line extending northward from the succeeding 3-year period, adversely is extended to 5:00 p.m. E.S.T. on affected by virtue of such prohibition in west end of Fisher Island, Government Friday, March 31, 2000. Public hearings Cut, Bar Cut, and Outer Bar Cut. This their ability to make noninfringing uses will be held in Washington, DC on May of that particular class of works under safety zone also includes all the waters 2–4, 2000 and in Stanford, CA, on May 500 yards on either side of Bar Cut and this title’’ as determined in this 18—19, 2000. Requests to testify must rulemaking. This prohibition on Outer Bar Cut seaward of the jetties to be received in the Office of the General Miami Lighted Buoy M (LLNR 10455– circumvention becomes effective on Counsel of the Copyright Office by 5:00 October 28, 2000, two years after the 895). p.m. E.S.T. on April 14, 2000. Post- (b) Regulations. In accordance with date of enactment. hearing written submissions must be During the 2-year period between the the general regulations in 165.23 of this received no later than 5:00 p.m. E.S.T. part, entry into this zone is prohibited enactment and effective date of the on June 23, 2000. See SUPPLEMENTARY to all non-parade related vessels without provision, the Librarian of Congress INFORMATION for additional information must make the determination as to the prior permission of the U.S. Coast and other requirements. Guard Captain of the Port. classes of works exempted from the (c) Enforcement Period. This section ADDRESSES: The first round of public prohibition. This determination will be becomes effective at 8 a.m., EST and hearings will be held at the Library of made upon the recommendation of the terminates at approximately 4 p.m., EST Congress in Room LA–202 of the John Register of Copyrights in a rulemaking proceeding. The determination thus on June 10, 2000. Adams Building, 110 Second Street, S.E., Washington, DC. The second round made will remain in effect during the Dated: March 3, 2000. of public hearings will be held at succeeding three years. L.J. Bowling, Stanford University in Room 290, In response to the Notice of Inquiry, Captain, U. S. Coast Guard, Captain of the Stanford Law School, Crown the Office received 235 written Port, Miami Zone. Quadrangle, Stanford, CA. See comments that conformed to the [FR Doc. 00–6685 Filed 3–16–00; 8:45 am] SUPPLEMENTARY INFORMATION for requirements set forth in the Notice of BILLING CODE 4910±15±U additional address information and Inquiry, as modified. The comments other requirements. have been posted on the Office’s website; see http://lcweb.loc.gov/ FOR FURTHER INFORMATION CONTACT: LIBRARY OF CONGRESS Robert Kasunic, Senior Attorney, Office copyright/1201/comments. The Copyright Office has received a of the General Counsel, or Charlotte request from Time-Warner Inc. to Copyright Office Douglass, Principal Legal Advisor, extend the deadline for submission of Office of the General Counsel, Copyright reply comments. Given the 37 CFR Part 201 GC/I&R, PO Box 70400, Southwest unexpectedly high volume of initial Station, Washington, DC 20024. [Docket No. RM 99±7B] comments submitted and in order to Telephone: (202) 707–8380; fax: (202) accommodate the needs of all interested Exemption to Prohibition on 707–8366. E-mail inquiries regarding parties, the Copyright Office is Circumvention of Copyright Protection the hearings may be sent to extending the deadline for submissions Systems for Access Control [email protected]. Technologies of reply comments. Reply comments SUPPLEMENTARY INFORMATION: On must be received in the Office of the AGENCY: Copyright Office, Library of November 24, 1999, the Copyright General Counsel no later than 5:00 p.m. Congress. Office published a Notice of Inquiry E.S.T. on March 31, 2000. For addresses ACTION: Extension of deadline for reply seeking comments in connection with a and acceptable formats for reply comment period; notice of public rulemaking pursuant to 17 U.S.C. comments, please see the section below hearings; and deadline for post-hearing 1201(a)(1), which provides that the entitled ‘‘Format and submission of comments. Librarian of Congress may exempt reply comments and post-hearing certain classes of works from the comments.’’ SUMMARY: The Copyright Office of the prohibition against circumventing a The purpose of reply comments is to Library of Congress announces public technological measure that controls respond to points made in initial hearings on the possible exemptions to access to a copyrighted work. 64 FR comments submitted in this proceeding,

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 14506 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules and not to raise new issues for the first imposed on oral testimony. Due to the document itself must be in a single file time. time constraints, the Copyright Office in either (1) Adobe Portable Document Public hearings: The Office will be encourages parties with similar interests File (PDF) format (preferred); (2) conducting public hearings in to select a single spokesperson to testify. Microsoft Word Version 7.0 or earlier; Washington, DC on Tuesday, May 2, Post-hearing comments: At the (3) WordPerfect Version 7 or earlier; (4) 2000, Wednesday, May 3, 2000, and conclusion of the public hearings, the ASCII text file format; or (5) Rich Text Thursday, May 4, 2000 from 9:30 a.m. Copyright Office will accept post- File (RTF) format. At a minimum, the to 6:00 p.m. Public hearings will also be hearing written comments that relate comment must contain the name of the held in Stanford, CA on Thursday, May specifically to matters addressed at the person submitting the comment. 18, 2000 and Friday, May 19, 2000 from hearings or identified in the reply 3. If in print only: Anyone who is 9:30 a.m. to 6:00 p.m. Interested parties comments. This post-hearing comment unable to submit a comment in are invited to submit requests to testify period is not intended to be an electronic form should submit an at one of these hearings. opportunity for interested parties to original and fifteen paper copies by Requirements for persons desiring to reiterate points they have already made hand or by mail to the appropriate testify: A request to testify must be or to raise new issues. Post-hearing address listed above. The reply or post- submitted to the Copyright Office. All comments must be received in the hearing comment should contain the requests to testify must include: Office of the General Counsel no later name of the person making the • The name of the person desiring to than 5:00 p.m. E.S.T. on June 23, 2000. submission, his or her title and testify; Format and submission of reply organization (if the submission is on • The organization or organizations comments and post-hearing comments: behalf of an organization), mailing represented by that person, if any; The Copyright Office prefers to receive address, telephone number, fax number • Contact information (address, reply and post-hearing comments (if any), and e-mail address (if any). At telephone, and e-mail); submitted in electronic format (by a minimum, the comment must contain • The location and date of the hearing attachment to electronic mail or by the name of the person making the at which the requestor wishes to testify; delivery of 3.5-inch diskettes). While submission. the Office prefers electronic and Dated: March 14, 2000. • submissions, reply and post-hearing A one page summary of the David O. Carson, intended testimony. comments in paper format will also be accepted. The applicable requirements General Counsel. This request may be sent by mail, by for each form of submission are [FR Doc. 00–6711 Filed 3–16–00; 8:45 am] fax, or by hand-delivery. Requests by specified below: BILLING CODE 1410±30±P telephone or electronic mail will not be 1. If by electronic mail: Send to accepted. The Copyright Office will ‘‘[email protected]’’ a message containing notify all persons wishing to testify of the name of the person making the ENVIRONMENTAL PROTECTION the date and expected time of their submission, his or her title and AGENCY appearance, and the maximum time organization (if the submission is on allowed for their testimony. behalf of an organization), mailing 40 CFR Part 52 Addresses for requests to testify: If address, telephone number, fax number delivered by mail: requests to testify (if any), and e-mail address. The subject [FL±83±1±200009; FRL±6561±4] should be addressed to Robert Kasunic, heading of the message should also Approval and Promulgation of Senior Attorney, Copyright GC/I&R, PO identify the document clearly as a reply Implementation Plans; Florida: Box 70400, Southwest Station, or post-hearing comment. The Approval of Revisions to the Florida Washington, DC 20024. document itself must be sent as a MIME State Implementation Plan If sent by fax: requests to testify attachment, and must be in a single file should be addressed to Robert Kasunic in either: (1) Adobe Portable Document AGENCY: Environmental Protection at (202) 707–8366. File (PDF) format (preferred); (2) Agency (EPA). If delivered by hand: requests to Microsoft Word Version 7.0 or earlier; ACTION: Proposed rule. testify should be delivered to Robert (3) WordPerfect 7 or earlier; (4) ASCII Kasunic, the Office of the General text file format; or (5) Rich Text File SUMMARY: EPA is proposing to approve Counsel, Copyright Office, Library of (RTF) format. At a minimum, the revisions to the Florida State Congress, LM–403, James Madison comment must contain the name of the Implementation Plan (SIP) submitted on Memorial Building, 101 Independence person submitting the comment. December 10, 1999, by the State of Avenue, S.E., Washington DC. 2. If by regular mail or hand delivery: Florida through the Florida Department All requests to testify must be Send, to the appropriate address listed of Environmental Protection (FDEP). received by 5:00 E.S.T. on April 14, above, two copies of the comment, each This submittal consists of revisions to 2000. on a 3.5-inch write-protected diskette, the ozone air quality maintenance plans Time limits on testimony at public labeled with the name of the person for the Jacksonville (Duval County) and hearings: There will be time limits on making the submission and, if Southeast Florida (Broward, Dade, and the testimony allowed for speakers. In applicable, his or her title and Palm Beach Counties) areas to remove the initial comment period, the Office organization. The document must be the emission reduction credits received 235 written comments. Given clearly identified as a reply or post- attributable to the Motor Vehicle the time constraints, only a fraction of hearing comment. Either the document Inspection Program (MVIP) from the that number could possibly testify at the itself or a cover letter must also include future year emission projections hearings. The time limits will depend the name of the person making the contained in those plans. Florida on the number of persons wishing to submission, his or her title and submitted technical amendments to this testify. Approximately one week prior to organization (if the submission is on revision on January 18, 2000. For the the hearings, the Office will notify all behalf of an organization), mailing Jacksonville and Southeast Florida persons submitting requests to testify of address, telephone number, fax number areas, this revision updates the control the precise time limits that will be (if any), and e-mail address (if any). The strategy by removing emissions credit

VerDate 132000 14:52 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\17MRP1.SGM pfrm08 PsN: 17MRP1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14507 for the MVIP, and as such, On June 23, 1993, the State of Florida that the revised emissions budgets will transportation conformity must be through the FDEP requested that the not adversely affect attainment and redetermined by the Metropolitan Jacksonville area be redesignated from a maintenance of the ozone NAAQS for Planning Organizations (MPOs) within transitional ozone nonattainment area to any milestone year in the required time 18 months of the final approval of this attainment and on November 8, 1993, frame. The conformity rule provides action. the State of Florida requested that the states with the option to revise the DATES: Comments on EPA’s proposed Southeast Florida area be redesignated emissions budgets to reallocate action must be received by April 17, from moderate ozone nonattainment to emissions among sources or between 2000. attainment. Approval of the ozone pollutants and their precursors so long maintenance plans into the SIP, in ADDRESSES: All comments should be as this budget maintains total emissions conjunction with EPA’s redesignation of addressed to Joey LeVasseur at the EPA, for the area below the attainment the two areas to attainment with respect Region 4 Air Planning Branch, 61 inventory levels. to the 1-hour ozone NAAQS, became Forsyth Street, SW, Atlanta, Georgia In addition, the SIP revision must not effective March 6, 1995, for the 30303. have an adverse impact on maintenance Copies of the State submittal are Jacksonville area and March 25, 1995, of the NAAQS for any criteria pollutant. available at the following addresses for for the Southeast Florida area (40 CFR Guidance on this issue is contained in inspection during normal business 81.310). a memorandum dated September 17, The ozone maintenance plans for the hours: 1993, from Michael Shapiro, Acting Environmental Protection Agency, two areas, developed pursuant to Assistant Administrator for Air and Atlanta Federal Center, Region 4 Air section 175A of the CAA and approved Radiation entitled, ‘‘State Planning Branch, 61 Forsyth Street in the SIP, accounted for the MVIP in Implementation Plan Requirements for S.W., Atlanta, Georgia 30303–3104. the mobile source emissions projections. Areas Submitting Requests for Florida Department of Environmental The MVIP began April 1, 1991, in Redesignation to Attainment of the Protection, Twin Towers Office Duval, Palm Beach and Dade Counties Ozone and Carbon Monoxide National Building, 2600 Blair Stone Road, and May 1, 1991, in Broward County. Ambient Air Quality Standards on or Tallahassee, Florida 32399–2400. Currently, the MVIP is a centralized after November 15, 1992.’’ This memo basic inspection and maintenance FOR FURTHER INFORMATION CONTACT: Joey states: program. The program utilizes an idle LeVasseur at 404/562–9035 (E-mail: As a general policy, a State may not relax emissions test to monitor vehicles’ [email protected]). the adopted and implemented SIP upon the emission compliance. area’s redesignation to attainment. States SUPPLEMENTARY INFORMATION: The should continue to implement existing following sections: Background, II. Analysis of State’s Submittal control strategies in order to maintain the Analysis of the State’s Submittal, and On December 10, 1999, FDEP standard. However, section 175A recognizes Final Action, provide additional submitted a revision to the SIP for the that States may be able to move SIP measures information concerning the revisions to ozone air quality maintenance plans for to the contingency plan upon redesignation the ozone air quality maintenance plans the Jacksonville and Southeast Florida if the State can adequately demonstrate that for the Jacksonville and Southeast areas to remove the emission reduction such action will not interfere with maintenance of the standard. Florida areas to remove the emission credits attributable to the MVIP from the reduction credits attributable to the future year emission projections In this revision, Florida demonstrates MVIP from the future year emission contained in those plans. Specifically that the area can maintain the one-hour projections contained in those plans. this action involves a recalculation of ozone NAAQS without the the motor vehicle emissions budgets implementation of the MVIP. The EPA I. Background (budgets) for the areas, eliminating the has reviewed the State’s emissions Upon enactment of the Clean Air Act credit for the MVIP. In this submittal, inventory and modeling analyses and Amendments of 1990, the Jacksonville the State originally used the MOBILE 5b finds that they meet applicable guidance and Southeast Florida areas were model to project mobile source and requirements. Therefore, the State classified as nonattainment for the one- emissions for 2005. The mobile source has made the necessary demonstration hour ozone national ambient air quality budgets in the maintenance plan were that the MVIP is not necessary to standard (NAAQS). On November 16, calculated using the MOBILE 5a model, maintain the one-hour ozone NAAQS 1992, the State of Florida submitted however the same version of the model and that attainment of the NAAQS for comprehensive inventories for volatile must be used for comparisons of mobile any other pollutant will not be affected organic compound (VOC), oxides of source emissions. Subsequently, on by removing the MVIP from the SIP. In nitrogen (NOX), and carbon monoxide January 18, 2000, the State submitted accordance with EPA’s November 15, emissions from the Jacksonville and technical amendments to the mobile 1992, policy, the State must include the Southeast Florida areas. The inventories source emission projection calculations. MVIP as a contingency measure in the include biogenic, area, stationary, and The State recalculated the 2005 mobile maintenance plan for the redesignated mobile source emissions using 1990 as source emissions using the MOBILE 5a area, which it has done. the base year for calculations to model. The change in emissions using Tables 1 through Table 5, presented demonstrate NAAQS attainment and the MOBILE 5a versus MOBILE 5b after the text in this subsection, list the maintenance. The 1990 inventory is models for 2005 was negligible. revised budgets and the emissions for considered representative of attainment The Transportation Conformity point, area, biogenic, on-road mobile conditions because the one-hour ozone regulations, promulgated on November and non-road mobile sources. The motor NAAQS was not violated during 1990. 24, 1993, established the criteria and vehicle emission budgets are derived as By 1993, both areas were able to procedures for determining conformity a percentage of the 1990 on road demonstrate attainment of the one-hour of transportation activities to the SIP. emissions inventories. Upon final EPA ozone NAAQS and were able to show Under these provisions and Title I of the approval, these budgets are to be used compliance with other requirements of CAA, states may revise their emissions by the local metropolitan planning the Clean Air Act as amended in 1990 budgets at any time through the organizations and transportation (CAA) for redesignation. standard SIP revision process, provided authorities to assure that transportation

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DUVAL COUNTY.ÐEMISSIONS INVENTORY SUMMARY [Tons per day]

VOC NOX Category 1990 2005 1990 2005

Point ...... 15.60 21.16 101.16 98.40 Area ...... 51.25 39.24 8.37 14.67 On-Road Mobile ...... 82.49 44.30 61.40 52.10 Non-Road Mobile ...... 24.63 29.41 21.07 23.74 Biogenic ...... 126.70 126.70 0.30 0.30

Total ...... 300.67 260.81 192.30 189.21 Motor Vehicle Emission Budget ...... n/a 44.30 n/a 52.10

BROWARD COUNTY.ÐEMISSIONS INVENTORY SUMMARY [Tons per day]

VOC NOX Category 1990 2005 1990 2005

Point ...... 15.20 14.16 109.20 85.16 Area ...... 55.60 35.03 6.90 8.21 On-Road Mobile ...... 109.80 55.60 80.20 65.20 Non-Road Mobile ...... 37.80 47.95 28.40 36.98 Biogenic ...... 174.50 174.50 1.80 1.80

Total ...... 392.90 327.24 226.50 197.35 Motor Vehicle Emission Budget ...... n/a 104.35 n/a 76.19

DADE COUNTY.ÐEMISSIONS INVENTORY SUMMARY [Tons per day]

VOC NOX Category 1990 2005 1990 2005

Point ...... 11.46 8.59 41.30 32.00 Area ...... 161.00 107.18 12.52 15.30 On-Road Mobile ...... 156.60 87.30 117.70 100.80 Non-Road Mobile ...... 65.11 77.86 36.30 56.52 Biogenic ...... 211.30 211.30 3.00 3.00

Total ...... 605.47 492.23 210.82 207.62 Motor Vehicle Emission Budget ...... n/a 148.77 n/a 111.82

PALM BEACH COUNTY.ÐEMISSIONS INVENTORY SUMMARY [Tons per day]

VOC NOX Category 1990 2005 1990 2005

Point ...... 1.26 1.51 37.78 34.54 Area ...... 84.06 78.29 4.19 5.03 On-Road Mobile ...... 70.20 46.40 56.58 55.60 Non-Road Mobile ...... 26.05 32.54 18.27 25.35 Biogenic ...... 399.60 399.60 2.40 2.40

Total ...... 581.17 558.34 119.22 122.92 Motor Vehicle Emission Budget ...... n/a 66.69 n/a 56.58

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TOTAL 3ÐCOUNTY (BROWARD, DADE, AND PALM BEACH COUNTIES) EMISSIONS INVENTORY SUMMARY [Tons per day]

VOC NOx Category 1990 2005 1990 2005

Point ...... 27.92 24.26 188.28 151.70 Area ...... 300.66 220.50 23.61 28.54 On-Road Mobile ...... 336.60 189.30 254.48 221.60 Non-Road Mobile ...... 128.96 158.35 82.97 118.85 Biogenic ...... 785.40 785.40 7.20 7.20

Total ...... 1,579.54 1,377.81 556.54 527.89 Motor Vehicle Emission Budget ...... n/a 319.81 n/a 244.59

Table 6 provides a comparison of the VOC and NOX for the Jacksonville and without the emissions credits attributed motor vehicle emissions budgets for Southeast Florida areas with and to MVIP.

JACKSONVILLE AND SOUTHEAST FLORIDA AREASÐMOTOR VEHICLE EMISSIONS BUDGET [Tons per day]

2005 Area With MVIP credits Without MVIP credits

VOC NOX VOC NOX

Jacksonville ...... 48.30 59.10 44.30 52.10 Broward County ...... 104.35 76.19 104.35 76.19 Dade County ...... 148.77 111.82 148.77 111.82 Palm Beach County ...... 66.69 53.75 66.69 56.58 Southeast Florida ...... 319.81 241.76 319.81 244.59

In summary, the budgets remain the considered emission reduction credits specified by Executive Order 13084 (63 same as the previous budgets allocated from the MVIP control strategy. FR 27655, May 10, 1998). This rule will not have substantial direct effects on the for Dade and Broward Counties. For Proposed Action Palm Beach County, the budget states, on the relationship between the allocation for VOC is the same as the The EPA proposes to approve the national government and the states, or previous budget. In this submittal, the aforementioned changes to the SIP. on the distribution of power and State of Florida increased the Palm Administrative Requirements responsibilities among the various levels of government, as specified in Beach County motor vehicles emissions Under Executive Order 12866 (58 FR Executive Order 13132 (64 FR 43255, budget for NOX from 53.75 tpd to 56.58 51735, October 4, 1993), this action is August 10, 1999), because it merely tpd, which is 100 percent of the 1990 not a ‘‘significant regulatory action’’ and approves a state rule implementing a on-road emissions inventory allocated therefore is not subject to review by the for Palm Beach County. The State is Office of Management and Budget. This federal standard, and does not alter the allowed to allocate up to 100 percent of action merely proposes to approve state relationship or the distribution of power the 1990 on-road emissions inventory law as meeting federal requirements and and responsibilities established in the Clean Air Act. This rule also is not for use as the motor vehicle emissions imposes no additional requirements subject to Executive Order 13045 (62 FR budget. The Duval County air quality beyond those imposed by state law. 19885, April 23, 1997), because it is not maintenance plan did not explicitly set Accordingly, the Administrator certifies economically significant. forth conformity budgets for VOC or that this rule will not have a significant In reviewing SIP submissions, EPA’s NOX. For this SIP revision, the State is economic impact on a substantial requesting that the conformity budgets number of small entities under the role is to approve state choices, for Duval County be set at 44.30 tpd for Regulatory Flexibility Act (5 U.S.C. 601 provided that they meet the criteria of et seq.). Because this rule proposes to the Clean Air Act. In this context, in the VOC and 52.10 for NOX, effective upon final approval of this revision. These approve pre-existing requirements absence of a prior existing requirement levels are less than the 1990 on-road under state law and does not impose for the State to use voluntary consensus any additional enforceable duty beyond standards (VCS), EPA has no authority emissions inventory levels of 82.49 tpd that required by state law, it does not to disapprove a SIP submission for for VOC and 61.40 tpd for NO . X contain any unfunded mandate or failure to use VCS. It would thus be Although the motor vehicle emission significantly or uniquely affect small inconsistent with applicable law for budgets do not change for all of the governments, as described in the EPA, when it reviews a SIP submission, counties, the MPOs for all four counties Unfunded Mandates Reform Act of 1995 to use VCS in place of a SIP submission must redetermine conformity within 18 (Public Law 104–4). For the same that otherwise satisfies the provisions of months of the effective date for this SIP reason, this rule also does not the Clean Air Act. Thus, the revision. This is required because the significantly or uniquely affect the requirements of section 12(d) of the existing conformity determinations communities of tribal governments, as National Technology Transfer and

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Advancement Act of 1995 (15 U.S.C. related requirements, of part D of Title DEPARTMENT OF HEALTH AND 272 note) do not apply. As required by 1 of the Clean Air Act (CAA) are not HUMAN SERVICES section 3 of Executive Order 12988 (61 applicable to the Cincinnati-Hamilton FR 4729, February 7, 1996), in issuing area. The EPA proposed to approve the Health Care Financing Administration this rule, EPA has taken the necessary State of Ohio Environmental Protection steps to eliminate drafting errors and Agency’s and the Commonwealth of Centers for Disease Control and ambiguity, minimize potential litigation, Kentucky Natural Resources and Prevention and provide a clear legal standard for Environmental Protection Cabinet’s affected conduct. EPA has complied requests to redesignate the Cincinnati- 42 CFR Part 493 with Executive Order 12630 (53 FR Hamilton ozone nonattainment area to [HCFA±2233±N] 8859, March 15, 1988) by examining the attainment of the 1-hour ozone NAAQS. takings implications of the rule in EPA re-proposed to approve an RIN 0938±AH35 accordance with the ‘‘Attorney exemption from the nitrogen oxides CLIA Program; Cytology Proficiency General’s Supplemental Guidelines for (NO ) requirements as provided for in X Testing the Evaluation of Risk and Avoidance of section 182(f) of the CAA for the Unanticipated Takings’’ issued under Kentucky portion of the Cincinnati- AGENCY: Health Care Financing the Executive Order. This rule does not Hamilton area. EPA solicited public Administration (HCFA), Centers for impose an information collection comment on the Ohio and Kentucky Disease Control and Prevention (CDC), burden under the provisions of the requests and on EPA’s proposed actions. HHS. Paperwork Reduction Act of 1995 (44 At the request of the Ohio Chapter of the ACTION: Withdrawal of proposed rule. U.S.C. 3501 et seq.). Sierra Club, EPA is reopening the comment period through March 24, SUMMARY: This document announces the List of Subjects in 40 CFR Part 52 2000. All comments received before withdrawal of a proposed rule on Environmental protection, Air March 24, 2000, including those cytology proficiency testing that was pollution control, Carbon monoxide, received between the close of the published in the Federal Register Hydrocarbons, Intergovernmental comment period on February 23, 2000 November 30, 1995 (60 FR 61509). We relations, Nitrogen dioxide, Ozone, and the publication of this proposed published the proposed rule to comply Reporting and recordkeeping rule, will be entered into the public with a court order that we revise the requirements. record and considered by EPA before regulations to require that cytology taking final action on the proposed rule. proficiency testing (PT) be conducted, Authority: 42 U.S.C. 7401–7671q. ‘‘to the extent practicable, under normal DATES: Comments must be received on Dated: March 7, 2000. working conditions,’’ which the court or before March 24, 2000. A. Stanley Meiburg, interpreted to be at a pace Acting Regional Administrator, Region 4. ADDRESSES: Written comments should corresponding to the maximum [FR Doc. 00–6566 Filed 3–16–00; 8:45 am] be addressed to: workload rate for individuals examining BILLING CODE 6560±50±P J. Elmer Bortzer, Chief, Regulation cytology slides. After the proposed rule Development Section, Air Programs was published, the appeals court Branch (AR–18J), United States overturned the lower court’s ruling and ENVIRONMENTAL PROTECTION Environmental Protection Agency, 77 remanded the regulation to us for AGENCY West Jackson Boulevard, Chicago, completion of rulemaking or to provide Illinois 60604. our rationale for the original position we 40 CFR Parts 52 and 81 took with respect to cytology Kay Prince, Chief, Regulatory Planning proficiency testing. This document [OH132±1; KY116±1;KY84±1; FRL±6562±1] Section, Air Planning Branch, U.S. withdraws the proposed rule and also Environmental Protection Agency, 61 Approval and Promulgation of contains a supplementary statement of Forsyth Street, SW, Atlanta, Georgia Implementation Plans and Designation rationale, in accordance with the 30303. of Areas for Air Quality Planning appeals court ruling. Purposes; Ohio and Kentucky; FOR FURTHER INFORMATION CONTACT: DATES: The proposed rule is withdrawn Reopening of the Public Comment William Jones, Environmental Scientist, as of April 17, 2000. Period Regulation Development Section, Air FOR FURTHER INFORMATION CONTACT: AGENCY: Environmental Protection Programs Branch (AR–18J), United Rhonda S. Whalen (770) 488–8155. Agency (EPA). States Environmental Protection SUPPLEMENTARY INFORMATION: Agency, Region 5, Chicago, Illinois ACTION: Proposed rule; reopening of the I. Background public comment period. 60604, (312) 886–6058, ([email protected]). On February 28, 1992, we published SUMMARY: EPA is reopening the public Karla L. McCorkle, Environmental a final rule with comment period in the comment period for a proposed rule Scientist, Regulatory Planning Federal Register (57 FR 7002) to published on January 24, 2000 (65 FR Section, Air Planning Branch, U.S. implement the Clinical Laboratory 3630). In the January 24, 2000 proposed Environmental Protection Agency, Improvement Amendments of 1988 rule, EPA proposed to determine that Region 4, 61 Forsyth Street, SW, (CLIA) (Pub. L. 100–578). One provision the Cincinnati-Hamilton moderate Atlanta, Georgia, 30303, 404–562– of CLIA, section 353(f)(4)(B)(i) of the ozone nonattainment area (Cincinnati- 9043, ([email protected]). Public Health Service Act (PHS Act), Hamilton area) has attained the public required the Department to establish a health based 1-hour ozone National Dated: March 10, 2000. limit on the maximum number of Ambient Air Quality Standard Jerri-Anne Garl, cytology slides that an individual could (NAAQS). EPA proposed to determine Acting Regional Administrator, Region 5. examine daily, in order to ensure that he that certain attainment demonstration [FR Doc. 00–6713 Filed 3–16–00; 8:45 am] or she has sufficient time to adequately requirements, along with certain other BILLING CODE 6560±50±U examine each slide. CLIA also required

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The rule proposed Director, Centers for Disease Control and CFR 493.1257(b)(1) and (b)(3)(i), to modify the timeframe for completing Prevention. established a maximum daily workload a cytology proficiency test to equal the Dated: May 14, 1999. limit for personnel examining cytology Donna E. Shalala, slides in a normal work day. Under the maximum workload rate of 12.5 slides Secretary. regulations, cytology personnel may per hour. However, in the preamble, we examine no more than 100 slides in any restated our belief that the timeframe in Note: This document was received at the 24 hour period, and must have at least the original rule met the statutory Office of the Federal Register on March 13, 8 hours to complete the examination of requirement, and indicated the 2000. Department was appealing the district 100 slides, which results in an average Addendum—Supplementary Statement of 12.5 slides per hour. This limit was court’s ruling, and seeking reinstatement of the February 28, 1992 of Rationale for Cytology Proficiency established in order to ensure that an Testing individual has sufficient time to cytology PT regulations. adequately examine each slide. In a decision dated May 21, 1996, the MEMORANDUM CLIA also required the Department to United States Court of Appeals for the September 1, 1998 develop a program for testing the District of Columbia Circuit reversed the TO: Sue Brown, Director, Division of proficiency of individuals who perform district court’s ruling and sent back the Regulations and Issuances. cytology examinations. The statute FROM: Carlyn Collins, M.D., M.P.H., regulation for us to either offer an Director, Division of Laboratory Systems. states that proficiency testing is to take adequate explanation for the original SUBJECT: HSQ–176–FC; Supplement to place, to the extent practicable, under cytology PT rule or to complete the Rulemaking Record Re: Cytology normal working conditions (section rulemaking (Consumer Federation of Proficiency Testing. 353(f)(4)(B)(iv) of the PHS Act). The America and Public Citizen v. This memorandum supplements the February 28, 1992 final rule, at Department of Health and Human rulemaking record for HSQ–176–FC (57 FR § 493.855(b), provides that an individual 7002), which was published to implement Services, 83 F.3d 1497, 1506–07 (D.C. the Clinical Laboratory Improvement must complete a 10-slide proficiency Cir. 1996). We continue to believe that test in 2 hours and, if necessary, a 20- Amendments of 1988 (CLIA). This our regulations are appropriate, and we memorandum is intended to provide further slide test in 4 hours. We established a are supplying a supplementary explanation for the timeframe established in lower slide examination rate for PT statement that further explains the that section of the CLIA final rule pertaining because a test contains a higher number rationale behind our policy. Our to completion of cytology proficiency tests of abnormal slides than a cytologist supplementary statement of rationale (42 CFR 493.855). It is submitted to fulfill the would encounter in a normal work day. order of the United States Court of Appeals follows in section IV. of this notice. We believe that a test that uses a higher for the District of Columbia Circuit in number of abnormal slides more III. Withdrawal of Proposed Rule Consumer Federation of America and Public accurately assesses the skills of the Citizen v. Department of Health and Human Services, 83 F.3d 1497 (D.C. Cir. 1996). cytologist. For the reasons discussed above, we are withdrawing the November 30, 1995 A. Background II. Court Challenge proposed rule. We believe that the On February 28, 1992, the Department of The Consumer Federation of America February 28, 1992 final rule Health and Human Services published a final and Public Citizen challenged the appropriately fulfills the statutory rule with comment period in the Federal regulations in the United States District requirement that cytology proficiency Register (57 FR 7002) to implement the Court for the District of Columbia, testing be conducted, to the extent Clinical Laboratory Improvement arguing that the PT rate of five slides per practicable, under normal working Amendments of 1988 (CLIA) (Pub. L. 100– hour did not conform to normal working conditions. 578, codified at 42 U.S.C. 263a). One provision of CLIA, 42 U.S.C. 263a(f)(4)(B)(i), conditions, since it is substantially less required the Department to establish a limit than the 12.5 slides per hour maximum IV. Supplementary Statement of Rationale on the maximum number of cytology slides permissible workload. The district court that a cytologist could examine daily, in agreed, invalidated that portion of the In compliance with the court’s ruling, order to assure that the cytologist had regulations, and ordered us to publish we received a memorandum from the sufficient time to adequately examine each new proposed regulations, within 90 slide. CLIA also required the Department to Centers for Disease Control and establish standards for the conduct of days of the order, that would modify the Prevention (CDC) that sets forth the rate of cytology proficiency testing to cytology proficiency testing (PT), with such rationale for Cytology Proficiency testing ‘‘to take place, to the extent ensure that individuals would be tested, Testing. This memorandum is part of practicable, under normal working to the extent practicable, under normal the rulemaking record and appears as an conditions.’’ 42 U.S.C. 263a(f)(4)(B)(iv). working conditions, which the district addendum to this document. The February 28, 1992 final rule court interpreted to be at a pace established a maximum daily work rate of no corresponding to the maximum Authority: Section 353 of the Public Health more than 100 slides in a 24 hour period, workload rate for individuals examining Act (42 U.S.C. 263a). which, assuming an eight hour workday, averaged 12.5 slides per hour. 42 CFR cytology slides. The district court order (Catalog of Federal Domestic Assistance also provided that the February 28, 1992 493.1257(b). The cytology PT requirement Program No. 93.778, Medical Assistance published in the final rule allows up to two final cytology proficiency testing Program; No. 93.773 Medicare—Hospital hours for an individual to complete a 10- regulations would remain in effect Insurance Program; and No. 93.774, slide PT test, and up to four hours to pending the issuance of a revised final Medicare—Supplementary Medical complete a 20-slide PT test challenge. 42 CFR rule. Consumer Federation of America Insurance Program) 493.855(b).

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The Consumer Federation of America and practicality.’’ 83 F.3d at 1505. Because proficiency testing is ‘‘to take place, to the Public Citizen challenged the regulations in Congress did not address these issues, the extent practicable, under normal working the United States District Court for the court turned to the second prong of Chevron conditions.’’ 42 U.S.C. 263a(f)(4)(B)(iv). The District of Columbia, arguing that the PT and inquired whether the agency’s February 28, 1992 final rule implementing testing rate of five slides/hour did not interpretation was reasonable. the testing program (42 CFR 493.855(b)) conform to ‘‘normal working conditions,’’ However, the court further stated that it provides that cytology personnel will be since it is substantially less than the 12.5 was ‘‘at a loss to understand how HHS’s required to complete a 10-slide proficiency slides/hour maximum permissible workload. proficiency testing regulations reflect a test in two hours and, if necessary, a 20-slide The district court agreed, invalidated that reasonable interpretation of the relevant test in four hours. portion of the regulations, and ordered the CLIA provision’’ (83 F.3d at 1506), by noting The regulation proposed in the original Department to publish new proposed that the Department’s explanation of the NPRM of May 21, 1990 (55 FR 20896, 20928) regulations, within 90 days of the order, that cytology PT rate in the preamble to the final did not include time limits for cytology would modify the rate of cytology rule published on February 28, 1992 (57 FR proficiency testing. In developing the final proficiency testing to ensure that individuals at 7041) ‘‘is simply too terse to support the rule, we reviewed the PT program that had would be tested ‘‘to the extent practicable, agency’s decision to use a [proficiency] been in operation in Maryland since 1990. under normal working conditions,’’ which testing rate which is less than half the This program had been submitted by the the district court interpreted to be at a pace maximum work rate, in the face of statutory Maryland Department of Health and Mental corresponding to the maximum workload language directing it to test under normal Hygiene as a model for revising the cytology rate for individuals examining cytology working conditions to the extent PT program proposed in the NPRM. As noted slides. (The district court order provided that practicable.’’ 83 F.3d at 1506. in the preamble to the final rule published the February 28, 1992 final cytology While indicating some interest in the on February 28, 1992 (57 FR at 7041), we proficiency testing regulations would remain Department’s further explanation proffered adopted the same time limits used in the in effect pending the issuance of a revised during the course of the litigation (which Maryland program. ‘‘These time limits,’’ we final rule.) Consumer Federation of America corresponds with the statement in the next explained, ‘‘were established to provide for and Public Citizen v. Department of Health section of this memorandum), the court held equitable testing on a national scale and to and Human Services, 906 F.Supp. 657, 668– that this explanation constituted a ‘‘post hoc’’ allow individuals sufficient time to complete the test at their normal pace without unduly 669 (D.D.C. 1995). rationalization, since this rationale was not restricting or extending the time for the In compliance with the district court’s proffered as part of the administrative record examination.’’ We concluded that the time order, on November 30, 1995, the Department during the rulemaking process that resulted limits in the Maryland program, which published a Notice of Proposed Rulemaking in the February 28, 1992 final rule. As such, (NPRM) in the Federal Register (60 FR require cytologists to review 5 slides per the court noted that it was prohibited from hour, satisfied CLIA’s requirement that PT 61509). The NPRM proposed to modify the considering it in its review of the legal basis take place, ‘‘to the extent practicable, under timeframe for completing a cytology for the final rule. normal working conditions.’’ proficiency test to equal the maximum In its ruling, the court remanded to the We reached this conclusion even though a workload rate of 12.5 slides per hour. Department to either provide an adequate cytologist who reviews the maximum However, in the belief that the timeframe in explanation on the record of why the number of slides allowed per day will screen, the original rule met the statutory proficiency testing protocol represents a on average, approximately 12.5 slides per requirement, the Department appealed the permissible interpretation of the pertinent hour. district court’s ruling, seeking reinstatement CLIA provision or to continue the rulemaking 1. First, and most importantly, we of the February 28, 1992 cytology PT process commenced with the issuance of the acknowledge, consistent with CLIA, that it is regulations. NPRM on November 30, 1995. not ‘‘practicable’’ to precisely duplicate a In its May 21, 1996 decision, the United After further consideration of this issue, typical working day when designing a States Court of Appeals for the District of CDC believes that the final rule of February supervised, time-limited proficiency testing Columbia Circuit reversed the district court’s 28, 1992 appropriately fulfills the statutory program. Approximately 95% of the usual ruling and remanded the regulation to the requirement that cytology proficiency testing mix of cytology slides from patients are agency to proffer an adequate explanation for be conducted ‘‘to the extent practicable, normal. Creating a proficiency test with this the original cytology PT rule or to complete under normal working conditions.’’ We ratio of normal to abnormal slides, however, the rulemaking. Consumer Federation of understand that a notice withdrawing the would not accurately assess the skills of the America and Public Citizen v. Department of proposed rulemaking of November 30, 1995 cytologist because it would not test the Health and Human Services, 83 F.3d 1497, will be published in the Federal Register. cytologist’s knowledge of the full range of 1506–07 (D.C. Cir. 1996). Furthermore, through this memorandum CDC possible abnormalities. Consequently, under Under the analysis of Chevron U.S.A. Inc. ‘‘provide[s] an adequate explanation on the 42 CFR 493.945, the 10-slide set for a PT v. Natural Resources Defense Council, Inc., record of why the proficiency testing exam must have at least 30%, and may have 467 U.S. 837, 842–43 (1984), the court of protocol represents a permissible up to 60% abnormal slides. In setting the 5- appeals noted that ‘‘[i]n reviewing an interpretation’’ of the CLIA statute, as slide-per-hour rate, we took into account that agency’s construction of a statute, we first ask required by the court. the evaluation of abnormalities generally whether Congress has spoken unambiguously requires more time, whether it occurs during B. Supplemental Statement of Rationale for to the precise issue at hand. If it has, we give a normal working day or during proficiency Timeframe in Cytology Proficiency Testing effect to Congress’ intent. If not, we consider testing. Indeed, some slides in the test may Final Rule Published February 28, 1992 the agency’s action under ‘Step Two’ of require extensive evaluation and Chevron, and defer to the agency’s As required by CLIA, the final rule considerable time. Therefore, an absolute interpretation if it represents a ‘permissible established a maximum workload limit for comparison of normal workday rates with construction’ of the statute.’’ 83 F.3d at 1503. personnel examining cytology slides. Under proficiency testing rates is inappropriate. The court of appeals found that the the regulations, cytologists may examine no Since the proportion of complex, abnormal challenge to the Secretary’s interpretation more than 100 slides in any 24 hour period, slides will be much greater during could not be resolved under the first prong and must have at least 8 hours to complete proficiency testing than during a normal of the Chevron analysis. By inserting the the examination of 100 slides. 42 CFR workday, it is not practicable to demand that words ‘‘to the extent practicable,’’ to precede 493.1257(b)(1), (b)(3)(i). This limit was cytologists examine proficiency testing slides the language the proficiency testing is to take established in order to assure that at the maximum rate that they are permitted place ‘‘under normal working conditions’’ individuals who perform cytology testing to work during a normal day. A slower-than- (42 U.S.C. 263a(f)(4)(B)(iv)), the agency’s have sufficient time to adequately examine average work rate during proficiency testing interpretation did not require a precise each slide. is appropriate because examining abnormal replication of the workplace environment. In CLIA also requires the Department to slides generally takes more time than addition, Congress did not define with any develop a program for testing the proficiency examining normal slides. precision when the Secretary could ‘‘deviate of individuals who perform cytology slide 2. Second, we did not assume that ‘‘under from workplace conditions in the interests of examinations. The statute states that normal working conditions’’ cytologists will

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There designing the proficiency testing program, we the New Mexico Division of State Parks are 20 to 21 gill rakers and usually 3 or recognized that due to varying skill levels, (NMDSP), and the Bureau of Land 4 preorbital (behind the eye socket) and other factors, some cytologists will work Management (BLM); and on private pores on each side of the head (Echelle at a much slower pace than others. Since the lands in Texas. This withdrawal is and Echelle 1978). proficiency program is designed to allow all based on actions taken by us and other The Pecos pupfish is native to the individuals to work at their normal speed, Federal and State resource and Pecos River and its tributaries, and the rate for proficiency testing was set below management agencies to remove nearby lakes, sinkholes, and saline the maximum rate at which cytologists may immediate threats to the species and springs in New Mexico and Texas. The work under the regulations. historical range of the species included 3. Third, we also decided that the slide- also on commitments by us and those per-hour rate should be lower during agencies to actively protect and enhance the Pecos River from Bitter Lake proficiency testing than during normal existing populations and habitats and to National Wildlife Refuge and workdays because the staining characteristics repatriate the species to appropriate Bottomless Lakes State Park near of the proficiency test slides may be different habitats within its native range. In Roswell, Chaves County, New Mexico, from those prepared in the test subject’s cooperation with the New Mexico downstream approximately 650 laboratory, forms for recording results will be Department of Game and Fish kilometers (km) (404 miles (mi)) to the unfamiliar, and the test will create some mouth of Independence Creek, anxiety for the cytologist. To account for (NMDGF), New Mexico Department of Agriculture, NMDSP, Texas Parks and southeast of Sheffield, Pecos County, these factors, we determined that extra time Texas (Wilde and Echelle 1992). The should be allowed. Wildlife Department (TPWD), and BLM, In light of the experience of the Maryland we have executed a Conservation species was also found in gypsum program, and the factors mentioned above, Agreement that addresses the threats to sinkholes and saline springs at Bitter we determined that the 2 and 4 hour time the survival of the species. These Lake National Wildlife Refuge; limits for proficiency testing are appropriate protections will sufficiently assure the sinkholes and springs at Bottomless because they take into account the viability of the Pecos pupfish within its Lakes State Park (Brooks and Woods differences between examination of slides historical range. 1988); and in Salt Creek, Reeves County, during normal workdays and during a Texas. ADDRESSES: proficiency test. The complete file for this In Texas, genetically pure populations Given the proficiency testing situation notice is available for public inspection, of the Pecos pupfish are now thought to described above, CDC reaffirms that the by appointment, during normal business occur only in the upper reaches of Salt timeframe established in the February 28, hours at our New Mexico Ecological Creek, Culberson and Reeves Counties, 1992 final rule for completion of cytology Services Field Office, 2105 Osuna NE, Texas (G. Garrett, TPWD, pers. comm. proficiency tests is, ‘‘to the extent Albuquerque, New Mexico 87113. practicable,’’ comparable to normal working 1998). In New Mexico, the species still FOR FURTHER INFORMATION CONTACT: conditions, and fulfills the Congressional Joy occurs in the Pecos River from north of intent to test adequately the abilities of Nicholopoulos, Field Supervisor, New Malaga upstream to Bitter Lake National cytologists to determine test results Mexico Ecological Services Field Office, Wildlife Refuge. The species is also accurately. at the above address (505–346–2525). found at Bottomless Lakes State Park Carlyn L. Collins. SUPPLEMENTARY INFORMATION: and the BLM’s Overflow Wetlands Wildlife Habitat Area/Area of Critical [FR Doc. 00–6580 Filed 3–16–00; 8:45 am] Background BILLING CODE 4120±01±P Environmental Concern. This range The Pecos pupfish, described by reduction represents a loss of more than Echelle and Echelle (1978), is a member two-thirds of the species’ former range of the family Cyprinodontidae. The DEPARTMENT OF THE INTERIOR (Echelle and Connor 1989; Echelle et al. taxonomic status of the Pecos pupfish 1997; Hoagstrom and Brooks 1998). Fish and Wildlife Service had been uncertain for more than 30 Since the Pecos pupfish was proposed years because of a previous description for listing on January 30, 1998 (63 FR 50 CFR Part 17 of a pupfish (Cyprinodon bovinus) from 4608), the most significant threats to its the Pecos River (Baird and Girard 1853). continued existence have been RIN 1018±AE56 Type specimens from the Pecos River in ameliorated. The main threats to the the original series were lost or in poor Pecos pupfish were habitat loss caused Endangered and Threatened Wildlife condition but were assumed to be the by damming and dewatering of the and Plants; Withdrawal of Proposed same as the Pecos pupfish until an Pecos River, excessive pumping of Rule To List the Pecos Pupfish extant population of C. bovinus was groundwater, and, since the early 1980s, (Cyprinodon pecosensis) as Endangered found at Leon Springs, Texas, and hybridization with the sheepshead AGENCY: Fish and Wildlife Service, confirmed as different from the form in minnow (Cyprinodon variegatus). Interior. the Pecos River proper (Echelle and Genetically pure populations have been ACTION: Proposed rule; withdrawal. Miller 1974). made more secure—a fish barrier The Pecos pupfish is a small, deep- constructed at the Bitter Lake National SUMMARY: We, the Fish and Wildlife bodied (2.8 to 4.6 centimeters (cm) (1.1 Wildlife Refuge has protected the Service (Service), withdraw the to 1.8 inches (in) average length) gray- population that exists there; a fish proposal to list the Pecos pupfish to-brown fish. Male dorsal (back) and barrier constructed at Dexter National (Cyprinodon pecosensis) as an anal fins are black almost to the margin Fish Hatchery and Technical Center has endangered species under the with no yellow on the dorsal, anal, or created a managed wetland for Endangered Species Act of 1973, as caudal (tail) fins. The lateral (side) bars establishing a refugial population; and amended (Act). The Pecos pupfish is on the female are typically broken into the BLM has placed the population on native to the Pecos River and its blotches ventrolaterally (along the sides the BLM’s Overflow Wetlands Area of

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Critical Environmental Concern under 1998), we contacted State and Federal species. Ten comment letters opposed active protection through BLM’s land and resource management agencies the listing. Resource Management Plan. Through in New Mexico and Texas to determine We received a total of 11 comments this plan, the BLM has prohibited if adequate protections could be on the draft Conservation Agreement: surface occupancy in future oil and gas implemented through a Conservation from 1 municipality, 2 private leases within a buffer zone of the Area, Agreement. We made the Conservation organizations, 1 county agency, 1 water restricted future oil and gas surface Agreement developed by these agencies power and control district, and 6 State occupancy in other areas, excluded available for public review through a agencies. rights-of-way in certain portions of the notice of availability in the Federal Below we address issues raised Area, limited use of off-highway Register (63 FR 71424) on December 28, concerning the proposal, followed by vehicles, and retired a grazing lease. 1998. The comment period was the issues and our responses to the These actions, which are discussed in reopened and extended to January 27, comments on the Conservation the Conservation Agreement, have 1999, in order to receive additional Agreement. We grouped comments of a already been implemented. Habitat for comments on the proposal and on the similar nature into general issues the populations at Bottomless Lakes draft Conservation Agreement. We sent delineated below for purposes of State Park and Bitter Lake National approximately 200 copies of the draft response. Wildlife Refuge is being renovated. Conservation Agreement to agencies and Comments and Responses on the Moreover, the States of Texas and New individuals on the mailing list Proposed Rule Mexico have begun managing the maintained by our New Mexico introduction of the nonnative Ecological Services Field Office. The Issue 1: The Service should attempt sheepshead minnow, which has mailing included a request to the proactive management to address the hybridized and displaced the Pecos interested entities for review and threats to the pupfish posed by the pupfish in much of the historical comments. Finally, we reopened the sheepshead minnow. Given that the pupfish habitat. Both States have comment period from February 24, primary threat to the Pecos pupfish is approved modification of existing 1999, to March 26, 1999 (64 FR 9119). introgressive hybridization with the sheepshead minnow and that hybrids fishing regulations to ban the use of In accordance with our peer review are common in the Pecos River, the sheepshead minnow as a bait fish in the policy published in the Federal Register prudent course at this point seem to be Pecos River. on July 1, 1994 (59 FR 34270), we the establishment of secure off-channel In addition to these already drafted the Conservation Agreement implemented actions, the Conservation refugia until the hybrid swarm can be with the expert input of researchers who Agreement includes commitments for eliminated, if that is possible. have spent decades investigating the long-term protective and enhancement Our Response: We concur that Pecos pupfish and its habitats in Texas actions for the species. For instance, management of the sheepshead minnow and New Mexico. In addition to the various agencies in both New Mexico to reduce or remove the threat of input received during the development and Texas have committed to—(1) hybrids replacing pure Pecos pupfish in of the document, we also sought peer removing nonnative predators from this ecosystem is important for review during periods of public sinkholes with a pupfish population, (2) conservation of the pupfish. Under the comment. We presented the draft replacing sheepshead minnow x Pecos Conservation Agreement, fish barriers conservation agreement to the Rio pupfish hybrids with pure pupfish have been installed to protect off- Grande Fishes Recovery Team for whenever feasible, (3) identifying channel refugia for remaining review at the annual meeting of the additional habitats under State control populations of pure Pecos pupfish. In team in November 1998. During the for expansion of populations of Pecos addition, the States of Texas and New reopened public comment period, we pupfish, and (4) working with willing Mexico have approved regulations provided the draft document for peer private landowners to identify potential banning the use of sheepshead minnows review to Recovery Team members in repatriation sites on private lands. A as bait. more complete discussion is found addition to other experts on the species Issue 2: The Service should propose below. at the University of Texas Pan- critical habitat. American, the University of New Our Response: When we list a species Summary of Comments and Mexico, Oklahoma State University, as threatened or endangered, the Act Recommendations Arizona State University, and the requires that the listing rule specify, ‘‘to We proposed the Pecos pupfish for University of Michigan. We did not the maximum extent prudent and listing as an endangered species on receive any comments from the peer determinable,’’ the species’ critical January 30, 1998 (63 FR 4608). We review of the draft Conservation habitat. However, this issue is now published notices inviting public Agreement. irrelevant because we are not listing the comment in seven newspapers of We received 15 comments on the Pecos pupfish. general circulation in the area of the proposal to list the Pecos pupfish. We Pecos River valley in both New Mexico received one letter of support from a Comments and Responses on the and Texas—the Albuquerque Journal, scientist working on the species. Three Conservation Agreement the Fort Stockton Pioneer, the Pecos commenters—the NMDGF; the New Based on the comments received Enterprise, the Roswell Daily Record, Mexico Energy, Minerals & Natural during the first public comment period, the Carlsbad Current Argus, the Resources Department; and the Texas particularly from the NMDGF, the Midland Reporter-Telegram, and the Commissioner to the Pecos River TPWD, and the Texas Commissioner to Odessa American. We also published Compact— recommended the use of the Pecos River Compact, we initiated notices of a public hearing in these same alternative methods, such as a efforts in February 1998 to develop an newspapers. We held the hearing on the Conservation Agreement, to protect the agreement among the management proposal in Carlsbad, New Mexico on species. One Federal agency provided entities to address the identified threats April 9, 1998. comments concerning editorial to the Pecos pupfish. The Conservation During this extended public comment corrections to the proposal but with no Agreement that resulted from the period (January 30 to November 20, position regarding the listing of the meetings set forth the commitments of

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State and Federal agencies to control not likely occur either in the near future the proposed action if we find that the nonnative competing species and to or without significant events, either available evidence does not justify the protect and manage the Pecos pupfish natural or induced, affecting the existing action. When there is ‘‘substantial and its habitat to ensure its survival and fish community. However, we believe disagreement among scientists promote its conservation. that the potential for restoration of the knowledgeable about the species Significant threats to the species species to its historical habitat should concerned regarding the sufficiency or include problems associated with small, be included in any plan or agreement accuracy of the available data relevant isolated populations and the potential for its conservation. It should be noted to the determination concerned,’’ the for hybridization with the sheepshead that one of the major purposes of this Act and regulations allow for a 6-month minnow. The signatory agencies to the Conservation Agreement is to protect extension of a proposed listing action. Conservation Agreement made and enhance habitat conditions to We cannot use an extension to obtain commitments to protect known extant facilitate population expansion. more information or to provide more populations of pure Pecos pupfish, to Issue 4: Several commenters time before making a decision. We can expand the distribution of the species requested the clarification of goals and only use this provision if there is a within its native range by establishing objectives of the Conservation legitimate disagreement among new populations, and to prohibit the Agreement, particularly with respect to scientific experts and a definitive use of sheepshead minnow through those objectives considered essential to resolution is expected that will clarify revision of baitfish regulations in New the continued conservation of the Pecos the subject of the disagreement. We do Mexico and Texas. As discussed above, pupfish and, thus, the removal of the not agree with the assessment of the several of the provisions of the need to protect the species by listing it adequacy of the biological information Conservation Agreement have been under the Act. presented by the commenter. We implemented. Our Response: We modified the consulted experts on the Pecos pupfish Below is a description of comments Conservation Agreement to include (see the discussion in the paragraph on received on the Conservation Agreement quantifiable and time-certain standards peer review, above), including scientists provided for public review on December by which the agreement and its who performed the original research 28, 1998. Some commenters raised applicability to the conservation of the and reported the results that formed the issues on the proposal to list the Pecos Pecos pupfish will be measured. basis of the commenter’s review. No pupfish in their comments on the However, the Conservation Agreement disagreement exits among these species Conservation Agreement. For the issues partners have already implemented a experts concerning the status and concerning the data upon which the number of protective measures (see distribution of the species to support the biological status of the Pecos pupfish Background section of this rule) that, 6-month delay. was determined, please refer to the combined with measures to be Issue 7: Four commenters raised above discussion of comments. implemented in the future as part of the concerns regarding the proposed actions Issue 3: What set of circumstances Conservation Agreement, have reduced of the BLM within the Conservation would create a situation where the threats so that the species is no Agreement, including changes in reintroduction of the Pecos pupfish into longer in danger of extinction, nor likely grazing leases. We requested that the the mainstream of the Pecos would be to become so, in the foreseeable future BLM respond to those comments. Their appropriate? To what extent would the throughout all or a significant portion of response is summarized as follows: signatories attempt to modify the its range. The BLM’s Roswell Field Office is environment of the mainstream of the Issue 5: Some commenters objected to responsible for managing all uses of Pecos River in order to create section V.F.8 of the draft Conservation about 602,973 hectares (1,490,000 acres) circumstances appropriate for Agreement, in which the agencies where both the surface and subsurface reintroduction? participating in the Conservation estates are in Federal ownership. The Our Response: The primary factor to Agreement agreed to support the listing land use plan governing management of be addressed in any consideration of of the Pecos pupfish should the these public lands addressed all repatriation of the Pecos pupfish to its measures and actions be found proposed actions included in the historical habitat in the mainstream of insufficient to remove the threats to the Conservation Agreement and was, after the Pecos River is the presence or species. public review and comment, signed by absence, or relative dominance within Our Response: We amended this the Bureau’s State Director on October the fish community, of the sheepshead section by removing the sentence 10, 1998. In addition, the Roswell Field minnow. Should a significant fishkill regarding the support of listing by the Office prepared the Overflow Wetlands occur naturally, such as that observed in Conservation Agreement entities should Habitat Management Plan and 1985–86 in the Pecos River in Texas as we determine that listing the species is Environmental Assessment for the a result of an algal bloom, sheepshead necessary. Overflow Wetlands Wildlife Habitat minnow and other nonnatives may be Issue 6: One commenter requested Area in 1992. The adjustment of grazing removed or significantly reduced. At that we extend the time for the decision leases for Allotments 65060, 65062, and that time, the Conservation Agreement on the proposal to list by six months, in 65069, and the cancellation of the participants would determine whether part, to better assess or gather additional grazing lease on Allotment 65041 were the biological conditions support the biological information. The commenter presented during the development of repatriation of the Pecos pupfish to the felt that the biological information was the Roswell Resource Management Plan, river. The signatory agencies may not adequate to proceed with the as were the oil and gas lease undertake other efforts, quite likely on withdrawal of the proposed rule. stipulations, mineral entry closure, and a much more localized level, to Our Response: In accordance with rights-of-way exclusion. Socio-economic eradicate the sheepshead minnow if the section 4(b)(6) of the Act and the impacts of implementing the Plan were conditions are favorable. implementing regulations at 50 CFR analyzed in Chapter 4 of the Proposed We and other species experts 424.17, within one year of the Plan and Final Environmental Impact recognize that major efforts to repatriate publication of a proposed listing action, Statement. the pupfish to large reaches of its we generally must publish a final The BLM disclosed the adjustment of historical habitat in the Pecos River will determination or a notice withdrawing grazing leases for the above allotments

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These are committed to working with willing occur based on range monitoring studies changes in habitat conditions, along private landowners to identify potential for the entire allotment and not with displacement of the species by repatriation sites on private lands and necessarily for the Pecos pupfish hybrids, threatened the survival of the establish populations of the species on Conservation Agreement. The specific Pecos pupfish throughout its entire those lands. adjustments, if necessary, would be range (Wilde and Echelle 1992; Echelle In summary, while the Pecos pupfish made by the BLM at the grazing lease/ et al. 1997). has been eliminated from a significant permit level with an accompanying Low-velocity floodplain habitats portion of its historical range, we environmental analysis, not at the adjacent to the main channel of the believe that the measures provided in Conservation Agreement level. Pecos River provide refugia for the small the Conservation Agreement have Therefore, no specific adjustments are Pecos pupfish from high flows in the significantly reduced threats to the presented in the Conservation main channel. These habitats are also species and will ensure its continued Agreement. characterized by higher levels of existence. The grazing lease for Allotment 65041 productivity and more stable food B. Overutilization for commercial, was canceled. In 1991, the BLM sources for the omnivorous pupfish. recreational, scientific, or educational acquired the private lands within this However, channelization and stream purposes. We are unaware of threats to allotment from a willing seller (who also incision of the Pecos River, exacerbated the species from these factors. Anglers held the grazing lease) for the protection by encroachment and channel armoring may occasionally collect Pecos pupfish of the Overflow Wetlands Wildlife by salt cedar, have eliminated extensive as bait and scientists may collect Habitat Area, which is now designated floodplain habitat along the Pecos River. specimens for scientific study, but these an Area of Critical Environmental Wetlands and marshes adjacent to the uses probably have a negligible effect on Concern. Allotment 65041 is no longer river, once regularly flooded by peak total population numbers. river flows, are now dry or are only an active grazing allotment. C. Disease or predation. We are sporadically wetted. Base flows were unaware of threats to the species from Summary of Factors Affecting the also reduced by dam construction and disease. Sinkholes that support Species reservoir operation, greatly reducing the introduced game fish have lower number and extent of these habitats Section 4(a)(1) of the Act and the numbers of pupfish than sinkholes linked to the main river channel. regulations (50 CFR part 424) that Pecos pupfish living in sinkholes and without game fish (Echelle and Echelle implement the listing provisions of the springs are threatened by groundwater 1978). As the Pecos pupfish population Act set forth the procedures for adding depletion. In southeastern New Mexico, is impacted by habitat loss and species to the Federal lists. We must groundwater is the primary water source degradation and refugia become scarce, consider the five factors described in for a variety of uses, including drinking predation could become a more section 4(a)(1) of the Act when water and irrigation. This dependence important threat. However, the determining whether to list a species. on groundwater has lowered the water measures through the Conservation These factors and their application to tables, resulting in a decline in water Agreement to remove nonnative our decision to withdraw the proposal levels in sinkholes and springs where predators from sinkholes will reduce to list the Pecos pupfish are as follows: Pecos pupfish live. When the water this threat. A. The present or threatened table was higher, water flowed between D. The inadequacy of existing destruction, modification, or sinkholes but because the water table regulatory mechanisms. New Mexico curtailment of its habitat or range. has been lowered, these sinkholes are State law provides limited protection for Historical habitat of the Pecos pupfish no longer interconnected (Lee Marlatt, the Pecos pupfish. The State of New in New Mexico has been drastically Service, Bitter Lake National Wildlife Mexico lists the Pecos pupfish as a altered or destroyed by human uses of Refuge, pers. comm. 1987). Because they threatened species. Threatened species, the Pecos River and activities in its are isolated from the river that is as defined by the State of New Mexico, watershed. These alterations include inhabited by sheepshead minnow, are those species ‘‘* * * whose prospects conversion of flowing waters into slack sinkhole populations of Pecos pupfish of survival or recruitment within the waters by impoundment; alteration of are more protected from the threat of State are likely to be in jeopardy within flow regimes (including conversion of hybridization than are river the foreseeable future.’’ This designation perennial flow to intermittent or no populations. Therefore, the loss of these provides the protection of the New flow, and the reduction, elimination, or populations would seriously affect the Mexico Wildlife Conservation Act modification of natural flooding survival of the species. (sections 17–2–37 through 17–2–46) and patterns); alteration of silt and bed The Conservation Agreement prohibits taking of such species except loads; loss of marshes and backwaters; executed by the State and Federal under the issuance of a scientific increases or decreases in water agencies specifically addresses the collecting permit. The State also has a temperatures; and alteration of stream protection of all known off-channel, limited ability to protect the habitat of channel characteristics from well- pure populations of Pecos pupfish. As the species through the Habitat defined, surface-level, heavily vegetated discussed in the Background section of Protection Act (sections 17–6–1 through channels with a diversity of substrates this rule, a number of protective actions 17–6–11) and through water quality and habitats to deeply cut, unstable have already been implemented. statutes and regulations. The species’ arroyos with little riparian vegetation, Further, both State and Federal land habitat is also somewhat protected uniform substrate, and little habitat management entities will ensure that through a provision of the Habitat diversity. the management of the species is Protection Act (section 17–4–14) that

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Catastrophic spills of oil or other species or goods made from such the late 1980s (Wilde and Echelle 1992). contaminants into pupfish-occupied species (Texas Parks and Wildlife Code, Subsequent expansion of the hybrids privately owned habitats are not section 68.015 (1975)). However, State- into the Pecos River upstream from Red considered controllable by the listing in Texas provides no protection Bluff Reservoir has further constricted Conservation Agreement. However, for the habitat of listed species. the range of the pupfish. Genetically establishment of more populations, as State regulations in New Mexico and pure populations of Pecos pupfish may delineated in the agreement, would act Texas allow for the use of live bait in now occur only in off-channel habitats. as a buffer against such losses. the Pecos River in areas containing the While the river populations are most We consider the latter two threats, the Pecos pupfish. This situation has susceptible to replacement by and/or introduction of nonnative fish and use encouraged the spread of detrimental hybridization with sheepshead minnow, of piscicides on private land and species, specifically the sheepshead the sinkhole populations are also uncontrolled oil spills or other minnow, which replaces and/or considered vulnerable to hybridization contamination of isolated habitats, far hybridizes with the Pecos pupfish (see due to the possibility of anglers less significant threats to the Pecos Factor E). However, the NMDGF and the releasing sheepshead minnows into pupfish than hybridization. Thus, we do TPWD modified fishing regulations to sinkholes. However, actions by the not specifically address them in the ban the use of sheepshead minnow as a States of New Mexico and Texas to Conservation Agreement. However, both bait fish. Additionally, all signatories of restrict the use of sheepshead minnows the States of New Mexico and Texas the Conservation Agreement have for bait, plus the construction of a fish have committed to conducting public committed to, when and where feasible, barrier at Bitter Lake National Wildlife outreach and education to inform replacing the sheepshead minnow x Refuge, have enhanced the security of private landowners of the occurrence of Pecos pupfish hybrids within the Pecos the off-channel pupfish populations. the Pecos pupfish and to increasing the River and at other sites with pure Pecos Additionally, all signatories of the numbers and security of populations of Conservation Agreement have the Pecos pupfish. Hence, the increased pupfish. committed to, when and where feasible, numbers of fish diminish the potential E. Other natural or manmade factors replacing the sheepshead minnow x impacts of isolated losses arising from affecting its continued existence. The Pecos pupfish hybrids within the Pecos the latter two threats. primary cause for the recent (post 1980) River and other sites with pure Pecos Finding and Withdrawal range reduction of Pecos pupfish is the pupfish. introduction of the sheepshead minnow, Large-scale fish kills caused by algal The Conservation Agreement signed a species once confined to shallow, blooms occurred in the Pecos River, by the NMDGF, New Mexico brackish, coastal waters of the Gulf and Texas, in 1985 and 1986 (Rhodes and Department of Agriculture, NMSPD, Atlantic coasts of the continental United Hubbs 1992). Such algal blooms may TPWD, the BLM, and us was States. The two Cyprinodon species affect the Pecos pupfish (Rhodes and specifically developed to address and appear to have little in the way of Hubbs 1992). alleviate the known threats to the Pecos premating isolating mechanisms and Other threats to the Pecos pupfish pupfish. readily hybridize (Cokendolpher 1980). include nonnative fish introductions The two most significant threats, Hybridization with and/or replacement and piscicide applications. Anglers security of existing populations and loss by the sheepshead minnow poses a interested in developing sport fisheries of genetic purity of Pecos pupfish major threat to the Pecos pupfish. The in sinkholes apply piscicides to remove populations through hybridization with sheepshead minnow was introduced unwanted fish species prior to the sheepshead minnow, have received into the Pecos River, probably in the introducing sport fish. Such immediate action—physical barriers vicinity of Pecos, Texas, sometime manipulation, conducted exclusively on now prohibit access by the sheepshead between 1980 and 1984. Sheepshead private lands and without the minnow to occupied Pecos pupfish minnow x Pecos pupfish hybrids have knowledge by the landowner of the habitat; the resource entities have since moved upstream and downstream presence of the Pecos pupfish, can included the conservation of the Pecos at a rapid pace despite the presence of adversely affect or eliminate Pecos pupfish as a specific management goal six irrigation diversion dams. The pupfish populations. Enforcement by in planning documents; and the spread of hybrids has occurred both either State of its prohibitions against NMDGF and the TPWD approved naturally and presumably through ‘‘bait take of protected species on private revision of State regulations to ban the bucket’’ introductions. lands is not considered an effective bar use of sheepshead minnow as a bait fish The purity of the pupfish populations to these activities. However, we do not in the Pecos River. Additionally, in Salt Creek, Texas, and in the consider such applications of piscicides signatories of the Conservation abandoned gravel pits near Grandfalls, a significant threat to the species and do Agreement committed to establishing Texas, were unknown at the time of the not specifically address piscicide and protecting additional populations proposal. Both populations occur on application in the Conservation on lands they administer and, with the privately owned lands, and surveys had Agreement. cooperation of willing landowners, on not been conducted on these lands since Oil spills from pipelines into Salt private lands within the historical range 1989. Because the gravel pits are close Creek in Texas are a threat because they of the species. Based on these to the Pecos River and because hybrids have occurred in the past and represent commitments, we determine that listing occur in that portion of the river, the an ongoing threat to water quality and the Pecos pupfish as endangered or gravel pit populations were considered Pecos pupfish habitats. However, Salt threatened under the Act is not extremely vulnerable to introgression. Creek is believed to be the only warranted. Therefore, we withdraw our Research conducted during the proposal population clearly vulnerable to such a January 30, 1998, proposed rule (63 FR

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4608) to list the Pecos pupfish as NMFS, 9721 Executive Center Drive N., contained in Amendment 17, the endangered. St. Petersburg, FL 33702; they may also availability of which was announced in be sent via facsimile (fax) to 727–570– the Federal Register on December 17, References Cited 5583, but they may not be sent via e- 1999 (64 FR 70678). Written comments A complete list of all references we mail or the Internet. on Amendment 17 were solicited and cited, as well as others, is available Requests for copies of Amendment 17, must have been received by February upon request from our New Mexico which includes an environmental 15, 2000, to be considered in the Ecological Services Field Office (see assessment and a regulatory impact approval/disapproval decision on ADDRESSES section). review, should be sent to the Gulf of Amendment 17. All comments received Author Mexico Fishery Management Council, on Amendment 17 or on this proposed 3018 U.S. Highway 301 North, Suite rule during their respective comment The primary author of this document 1000, Tampa, Florida 33619–2266; periods will be addressed in the is Jennifer Fowler-Propst, New Mexico phone: 813–228–2815; fax: 813–225– preamble to the final rule. Ecological Services Field Office (see 7015; e-mail: [email protected]. ADDRESSES section). Classification FOR FURTHER INFORMATION CONTACT: Authority: The authority for this action is Michael Barnette, 727-570-5305; fax: At this time, NMFS has not section 4(b)(6)(B)(ii) of the Endangered 727–570–5583; e-mail: determined that the amendment that Species Act (16 U.S.C. 1532 et seq.). [email protected]. this rule would implement is consistent Dated: February 25, 2000. with the national standards of the SUPPLEMENTARY INFORMATION: The reef Magnuson-Stevens Act and other Jamie Rappaport Clark, fish fishery is managed under the FMP Director, Fish and Wildlife Service. applicable laws. NMFS, in making that as prepared by the Gulf of Mexico determination, will take into account [FR Doc. 00–6602 Filed 3–16–00; 8:45 am] Fishery Management Council (Council) BILLING CODE 4310±55±P the data, views, and comments received and approved and implemented by during the comment period on NMFS under the authority of the Amendment 17. Magnuson-Stevens Fishery This proposed rule has been DEPARTMENT OF COMMERCE Conservation and Management Act determined to be not significant for (Magnuson-Stevens Act) by regulations purposes of E.O. 12866. National Oceanic and Atmospheric at 50 CFR part 622. Administration The Chief Counsel for Regulation of This proposed rule would implement the Department of Commerce certified FMP Amendment 17 and extend the 50 CFR Part 622 to the Chief Counsel for Advocacy of the moratorium on the issuance of new Small Business Administration that this [Docket No. 000229053±0053±01; I.D. commercial reef fish vessel permits that proposed rule, if adopted, would not 120699A] was initiated by Amendment 4 in 1992. have a significant economic impact on RIN 0648±AK96 Amendment 4 was intended to last for a substantial number of small entities as 3 years but was extended twice. The follows: Fisheries of the Caribbean, Gulf of second extension in 1995 was for 5 years ending on December 31, 2000. The The proposed rule contains a single Mexico, and South Atlantic; Reef Fish provision to extend the commercial reef fish Fishery of the Gulf of Mexico; permit moratorium was deemed permit moratorium for 5 years, from its Amendment 17 necessary to moderate short-term future current expiration date of December 31, 2000, increases in fishing effort and to to December 31, 2005, unless replaced AGENCY: National Marine Fisheries stabilize fishing mortality while the sooner by a comprehensive controlled access Service (NMFS), National Oceanic and Council was considering a more system. The moratorium on new permits was Atmospheric Administration (NOAA), comprehensive effort limitation first instituted in May 1992 and was Commerce. program. During the moratorium, the extended on two previous occasions by FMP ACTION: Proposed rule; request for Council developed an individual Amendments 9 and 11. The current comments. expiration date of December 31, 2000, was set transferable quota system for red by FMP Amendment 11 in January 1996 with snapper. However, before it was SUMMARY: NMFS issues this proposed the stated purpose of allowing time for the rule to implement Amendment 17 to the implemented, Congress prohibited Gulf of Mexico Fishery Management Council Fishery Management Plan for the Reef individual fishing quotas (IFQs) under (Council) to consider limited access for the sections 303(d) and 407 of the reef fish fishery. However, several Fish Resources of the Gulf of Mexico intervening events since January 1996, (FMP). This rule proposes to extend the Magnuson-Stevens Act. The current Congressional prohibition of IFQs will including a Congressional moratorium on current commercial reef fish vessel new individual transferable quota permit moratorium, which expires on lapse on October 1, 2000. The Council intends to evaluate a management systems in effect until December 31, 2000, for 5 years to October 2000, have hindered the Council’s broad range of controlled access December 31, 2005. The purpose of the taking its intended action to develop a systems, including IFQs, for the moratorium is to provide a stable limited access system for this fishery. commercial reef fish fishery. environment in the fishery necessary for Comprehensive controlled access systems are Development and implementation of a evaluation and development of a more difficult to develop and implement; there is comprehensive controlled access system an insufficient amount of time to implement comprehensive controlled access system are expected to extend past the period such a system by December 31, 2000. for the entire commercial reef fish of the current moratorium. Without a Hence, the Council is proposing the current fishery. moratorium, fishing effort in the action to provide additional time to develop DATES: Comments must be received no resulting open access reef fish fishery is a new limited access system and to ensure later than 5:00 p.m., eastern standard that the current management system will not likely to increase and complicate revert to open access before the new system time, on May 1, 2000, at the appropriate allocation of fishing privileges, creating is developed, approved, and implemented. address or fax number (see ADDRESSES). an unstable fishery environment. The entities that could be affected by ADDRESSES: Written comments must be Additional background and rationale Amendment 17 are those firms holding mailed to the Southeast Regional Office, for the measures discussed above are commercial reef fish harvest permits. There

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The authority citation for part 622 that the permit moratorium would expire, the economic impact on all current permit continues to read as follows: fishery would revert to open access, and the holders, including those who might number of permits issued to fishermen would Authority: 16 U.S.C. 1801 et seq. otherwise be expected to sell their permits likely increase. Conversely, the proposed 2. In § 622.4, paragraph (m) and exit the fishery under the current system. action to extend the existing moratorium introductory text is revised to read as means that nothing would change and the At the same time, there would also be follows: permit moratorium, would continue. Under positive impacts for at least some new the status quo alternative, then there would entrants because they could obtain a permit § 622.4 Permits and fees. be a number of economic effect changes for $20 to $50 instead of paying $8,000 to * * * * * related to the fishery’s reversion to open $10,000 for an existing permit. Some new (m) Moratorium on commercial vessel access. For example, given that there were entrants probably would be able to permits for Gulf reef fish. The 2,200 permits issued to fishermen at the start participate in the fishery at a significant and provisions of this paragraph (m) are of the moratorium in 1992 and that there are profitable level. In addition to these rather applicable through December 31, 2005. now only about 1,204 permits. it is likely that straightforward impacts on current additional vessel owners would obtain participants and new entrants, the increase in * * * * * permits. While some of them would probably the number of permitted fishermen could [FR Doc. 00–6714 Filed 3–16–00; 8:45 am] obtain a permit with the intention only of create derby fisheries for species subject to BILLING CODE 3510±22±F establishing harvesting rights in the reef fish commercial quotas with the attendant loss in fishery and would not actively participate in economic benefits typically associated with the fishery, other new entrants would such fisheries. DEPARTMENT OF COMMERCE ostensibly be active. Some of the active new By allowing the fishery to revert to open entrants might land a minimum quantity of access, the Council would once again have to National Oceanic and Atmospheric reef fish with the expectation that having a undertake the preliminary steps necessary to permit in combination with at least some Administration establish a comprehensive controlled access level of landings history would enhance their claim to future fishery access rights. system. It is likely that these steps would 50 CFR Part 648 Another reason to expect additional have negative economic impacts on at least some participants who may have to [Docket No. 000223051±0051±01; I.D. entrants into the fishery under open access 020300A] conditions is that the moratorium has created reestablish a fishing history or take other an economic situation in which about 120 steps to remain in the new system. The overall conclusion is that if the status Fisheries of the Northeastern United permit transfers occur each year. A market States; Deep-sea Red Crab Fishery; has developed for reef fish permits, and quo was chosen and the permit moratorium recent single permit prices have been in the allowed to expire on December 31, 2000, Correction range of $8,000 to $10,000. This market there would be negative impacts on existing AGENCY: National Marine Fisheries probably exceeds the expected net present participants in the Gulf of Mexico reef fish Service (NMFS), National Oceanic and value of profits (net revenues) derived from fishery. While there would likely be some Atmospheric Administration (NOAA), the small catches made by marginal positive economic impacts for a portion of Commerce. participants. The market value is also the new entrants, the negative impacts would indicative of the value that some entrants be expected to exceed the positive impacts. ACTION: Advance notice of proposed have put on participation in the fishery. With Taking action to extend the moratorium rulemaking; notice of a control date for the moratorium lifted, new entry would be means that the expected negative economic the purposes of controlling entry in the possible by paying only the administrative outcome of the status quo (letting the permit deep-sea red crab fishery; correction. permit fee, currently $50 for a new permit or moratorium expire) will not occur. In other $20 for a reef fish endorsement to an existing words, the proposed action of extending the SUMMARY: On March 1, 2000, NMFS permit for another species. If some fishermen moratorium for an additional 5 years will published an announcement that it is are willing to buy a permit for several forestall economic changes and impacts considering, and is seeking public thousand dollars, others must be ready to pay associated with the status quo scenario. The comment on, proposed rulemaking to the $20 or $50 for an endorsement or for a control future access to the deep-sea red new permit. effect of taking action in this case is to Further, at the present time, the fisherman maintain the present permits system; hence, crab (Chaceon quinquedens) resource if giving up a permit by transfer must exit the there should be no economic impacts. It a management regime is developed and fishery, and current exit behavior is probably follows, therefore, that there will not be a implemented under the Magnuson- influenced by the value of a permit. Logbook significant economic impact on a substantial Stevens Fishery Conservation and data indicate that some participants do not number of small business entities. Management Act that limits the number land a large amount of reef fish on an annual As a result, a regulatory flexibility analysis of participants in the fishery. The basis and these are the participants who are was not prepared. announcement indicated that written most likely to sell their existing permit to a comments may be sent to the New new entrant under the continuing condition List of Subjects in 50 CFR Part 622 England Fishery Management Council at of a moratorium on new permits. the reasoning is that the expected net present Fisheries, Fishing, Puerto Rico, the address provided in the value of profits (net revenues) derived from Reporting and recordkeeping announcement and may also be small catches would be exceeded by the requirements, Virgin Islands. submitted by facsimile (fax). However, current market value of the reef fish permit. an incorrect fax number was provided. This exit behavior probably accounts for the Dated: March 13, 2000. This document corrects the error. bulk of the annual transfer of about 120 Andrew A. Rosenberg, DATES: Written comments must be permits. Deputy Assistant Administrator for Fisheries, received on or before 5:00 p.m., local In summary, maintaining the status quo National Marine Fisheries Service. and thereby allowing the current permit time, March 31, 2000. moratorium to expire could result in an For the reasons set out in the ADDRESSES: Written comments should increase in the number of permits; an preamble, 50 CFR part 622 is proposed be sent to Paul J. Howard, Executive increase in the catch of those reef fish species to be amended as follows: Director, New England Fishery

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Management Council, 50 Water Street, crab fishery was published in the On page 11029, column 3, ninth line Mill 2, Newburyport, MA 01950. Mark Federal Register on March 1, 2000 (65 in the ADDRESSES section is corrected to the outside of the envelope, ‘‘Comments FR 11029), and invited public comment. read as follows: on Deep-sea Red Crab Control Date.’’ The fax number identified in the ‘‘facsimile (fax) to (978) 465–3116.’’ Comments may also be sent via fax to announcement was incorrect and this (978) 465–3116. action corrects the error. Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: Correction Dated: March 9, 2000. Regina L. Spallone, Fishery Policy Accordingly, the publication on Penelope D. Dalton, Analyst, 978-281-9221, email: March 1, 2000, of the advance notice of Assistant Administrator for Fisheries, [email protected] proposed rule for the deep-sea red crab National Marine Fisheries Services. SUPPLEMENTARY INFORMATION: The notice fishery (I.D. 020300A), which was the [FR Doc. 00–6715 Filed 3–16–00; 8:45 am] of a control date for the purposes of subject of FR Doc. 00–4910, is corrected BILLING CODE 3510±22±F controlling entry in the deep-sea red as follows:

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Notices Federal Register Vol. 65, No. 53

Friday, March 17, 2000

This section of the FEDERAL REGISTER interest requires that such meeting be identification and regulatory contains documents other than rules or closed to public participation. enforcement; $1.2 million to indemnify proposed rules that are applicable to the owners of animals that are found public. Notices of hearings and investigations, Dated: March 10, 2000. Patrick W. McDonough, through surveillance to be high risk, committee meetings, agency decisions and suspect, or test positive (although no rulings, delegations of authority, filing of Executive Director, Joint Board for the petitions and applications and agency Enrollment of Actuaries. regulations currently exist to provide for the payment of indemnity for sheep and statements of organization and functions are [FR Doc. 00–6578 Filed 3–16–00; 8:45 am] examples of documents appearing in this goats, APHIS expects to have such BILLING CODE 4830±01±U section. regulations in effect in 2000); $625,000 for the purchase of animals for diagnostic purposes; $692,000 for JOINT BOARD FOR THE DEPARTMENT OF AGRICULTURE activities such as necropsy, disposal of ENROLLMENT OF ACTUARIES animal carcasses, coordination, and Office of the Secretary training; $1 million for slaughter Meeting of the Advisory Committee [Docket No. 99±061±1] surveillance activities; and $250,000 to update the generic database for scrapie AGENCY: Joint Board for the Enrollment Declaration of Emergency Because of of Actuaries (making it possible for field and Scrapie in the United States laboratory personnel to enter test and ACTION: Notice of Federal Advisory other data efficiently and to generate Committee meeting. Scrapie, a degenerative and eventually fatal disease affecting the required reports) and for data analysis at SUMMARY: The Executive Director of the central nervous systems of sheep and APHIS’ Center for Epidemiology and Joint Board for the Enrollment of goats, is present in the United States. Animal Health. Actuaries gives notice of a closed Scrapie is a complicated disease Therefore, in accordance with the meeting of the Advisory Committee on because it often has an extremely long provisions of the Act of September 25, Actuarial Examination at William M. incubation period without clinical signs 1981, 95 Stat. 953 (7 U.S.C. 147b), I Mercer, Incorporated, New York, New of disease. declare that there is an emergency that York, on April 3, 2000. Currently, scrapie-free countries have threatens the sheep and goat industry of this country, and I authorize the transfer DATES: The meeting will be held on an enormous competitive advantage and use of such funds as may be April 3, 2000, from 8:30 AM to 5 PM. over U.S. sheep producers, who are unable to certify that their flocks necessary from appropriations or other ADDRESSES: The meeting will be held at originated from a scrapie-free country or funds available to the United States William M. Mercer, Incorporated, at region. Because importing countries are Department of Agriculture to conduct a 1166 Avenue of the Americas, demanding that imported sheep come program to accelerate the eradication of Conference Room 30C, 30th Floor, New from scrapie-free regions and sheep scrapie from the United States. York, NY. producers in the United States are EFFECTIVE DATE: This declaration of FOR FURTHER INFORMATION CONTACT: unable to make this certification, U.S. emergency shall become effective Patrick W. McDonough, Director of producers are finding themselves locked February 1, 2000. Practice and Executive Director of the out of the international market, a Dan Glickman, Joint Board for the Enrollment of situation that is taking a serious Secretary of Agriculture. Actuaries, 202–694–1805. financial toll on the U.S. sheep industry. SUPPLEMENTARY INFORMATION: Notice is We estimate that scrapie costs the [FR Doc. 00–6638 Filed 3–16–00; 8:45 am] hereby given that the Advisory U.S. sheep industry $20 million per year BILLING CODE 3410±34±U Committee on Actuarial Examinations in direct losses, and millions of dollars will meet at William M. Mercer, more in lost potential markets and flock DEPARTMENT OF AGRICULTURE Incorporated, 1166 Avenue of the productivity. Americas, Conference Room 30C, 30th Therefore, the Animal and Plant Agricultural Marketing Service Floor, New York, NY on Monday, April Health Inspection Service (APHIS) has 3, 2000, from 8:30 AM to 5:00 PM. determined it is necessary to accelerate [Docket No. TB±00±08] The purpose of the meeting is to the eradication of scrapie from the discuss topics and questions, which United States, an accomplishment that National Advisory Committee for may be recommended for inclusion on would allow the U.S. sheep industry to Tobacco Inspection Services; Meeting future Joint Board examinations in once again become competitive in the In accordance with the Federal actuarial mathematics, pension law and global market. We estimate this plan Advisory Committee Act (5 U.S.C. App.) methodology referred to in 29 U.S.C. will cost a total of $100 million over 7 announcement is made of the following 1242(a)(1)(B). years. committee meeting: A determination has been made as However, APHIS resources are required by section 10(d) of the Federal insufficient to carry out this accelerated Name: National Advisory Committee for Tobacco Inspection Services. Advisory Committee Act (Pub. L. 92– scrapie eradication program, which Date: April 20, 2000. 463) that the subject of the meeting falls requires $10 million for FY 2000. This Time: 1:00 p.m. with the exception to the open meeting $10 million includes approximately Place: U.S. Department of Agriculture requirement set forth in Title 5, U.S.C. $3.6 million for diagnostic support; (USDA), Agricultural Marketing Service 552b(c)(9)(B), and that the public approximately $2.6 million for animal (AMS), 14th and Independence Avenue, SW,

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Room 3501 South Agriculture Building, FOR FURTHER INFORMATION CONTACT: Other information collection is Washington, DC 20250. Samuel J. Hodges III, Architect, Program required to conform to numerous Public Purpose: To review various regulations Support Staff, RHS, U.S. Department of Laws applying to all Federal agencies, issued pursuant to the Tobacco Inspection Agriculture, Stop 0761, 1400 such as: Civil Rights Acts of 1964 and Act (7 U.S.C. 511 et seq.), and discuss the level of service (number of sets of graders) Independence Avenue, SW., 1968, Davis-Bacon Act, Historic AMS will provide for the 2000–2001 tobacco Washington, DC 20250–0761, Preservation Act, Environmental Policy marketing season. The Committee will Telephone (202) 720–9653. Act; and to conform to Executive Orders recommend the desired level of service to be SUPPLEMENTARY INFORMATION: governing use of Federal funds. This provided to producers by AMS and an Title: RD 1924–A, ‘‘Planning and information is cleared through the appropriate fee structure to fund the Performing Construction and Other appropriate enforcing Agency or other recommended services for the 2000–2001 Development.’’ executive Department. selling season. OMB Number: 0575–0042 The Agencies provide forms and/or The meeting is open to the public. Persons, Expiration Date of Approval: May 31, guidelines to assist in the collection and other than members, who wish to address the 2000 submission of information; however, Committee at the meeting should contact Type of Request: Extension of a John P. Duncan III, Deputy Administrator, most of the information may be Tobacco Programs, AMS, USDA, Room 502 currently approved information collected and submitted in the form and Annex Building, P.O. Box 96456, collection. content which is accepted and typically Washington, DC 20090–6456; (202) 205– Abstract: The information collection used in normal conduct of planning and 0567, prior to the meeting. Written under OMB Number 0575–0042 enables performing development work in statements may be submitted to the the Agencies to effectively administer private industry when a private lender Committee before, at, or after the meeting. If the policies, methods, and is financing the activity. The you need any accommodations to participate responsibilities in the planning and in the meeting, please contact the Tobacco information is usually submitted via performing of construction and other hand delivery or U.S. Postal Service to Programs at (202) 205–0567 by April 14, development work for the related 2000, and inform us of your needs. the appropriate Agency office. construction programs. The information is used by the Dated: March 14, 2000. Section 501 of Title V of the Housing Agencies to determine whether a loan/ John P. Duncan III, Act of 1949, as amended, authorizes the grant can be approved, to ensure that Secretary of Agriculture to extend Deputy Administrator, Tobacco Programs. the Agency has adequate security for the financial assistance to construct, loans financed, to provide for sound [FR Doc. 00–6676 Filed 3–16–00; 8:45 am] improve, repair, replace, or rehabilitate BILLING CODE 3410±02±P construction and development work, dwellings; farm buildings; and/or and to determine that the requirements related facilities to provide decent, safe, of the applicable acts have been met. DEPARTMENT OF AGRICULTURE and sanitary living conditions and The information is also used to monitor adequate farm buildings and other compliance with the terms and Rural Housing Service structures in rural areas. conditions of the Agencies’ loan/grant Section 506 of the act requires that all programs and to monitor the prudent Rural Business-Cooperative Service new buildings and repairs shall be use of Federal funds. constructed in accordance with plans If the information were not collected Rural Utilities Service and specifications as required by the and submitted, the Agencies would not Secretary and that such construction be have control over the type and quality Farm Service Agency supervised and inspected. of construction and development work Section 509 of the act grants the planned and performed with Federal Notice of Request for Extension of a Secretary the power to determine and funds. The Agencies would not be Currently Approved Information prescribe the standards of adequate farm assured that the security provided for Collection housing and other buildings. The loans is adequate, nor would the Housing and Urban-Rural Recovery Act Agencies be certain that decent, safe, AGENCIES: Rural Housing Service, Rural of 1983 amended section 509 (a) and Business-Cooperative Service, Rural and sanitary dwelling or other adequate section 515 to require residential structures were being provided to rural Utilities Service, and Farm Service buildings and related facilities comply Agency, USDA. residents as required by the different with the standards prescribed by the acts. ACTION: Proposed collection: comments Secretary of Agriculture, the Secretary Estimate of Burden: Public reporting request. of Housing and Urban Development, or burden for this collection of information in any of the nationally recognized SUMMARY: In accordance with the is estimated to average .33 hours per model building codes. Paperwork Reduction Act of 1995, this response. Similar authorizations are contained Respondents: Individuals or notice announces the Rural Housing in sections 303, 304, 306, and 339 of the Service (RHS), the Rural Business- households, farms, business or other for- Consolidated Farm and Rural profit, non-profit institutions, and small Cooperative Service (RBS), Rural Development Act, as amended. Utilities Service (RUS), and the Farm businesses or organizations. In several sections of both acts, loan Estimated Number of Respondents: Service Agency’s (FSA) intention to limitations are established as request an extension for a currently 25,340. percentages of development cost, Estimated Number of Responses per approved information collection in requiring careful monitoring of those Respondent: 12.00. support of compliance with applicable costs. Also, the Secretary is authorized Estimated Total Annual Burden on acts for planning and performing to prescribe regulations to ensure that Respondents: 94,924 hours. construction and other development Federal funds are not wasted or Copies of this information collection work. dissipated and that construction will be can be obtained from Diana Wareham, DATES: Comments on this notice must be undertaken economically and will not Regulations and Paperwork received by May 16, 2000, to be assured be of elaborate or extravagant design or Management Division, at (202) 692– consideration. materials. 0044.

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Comments SUMMARY: The Forest Service and Utah Coal region Data Adequate Bureau of Land Management (BLM) will Standards. Comments are invited on: (a) Whether jointly prepare an Environmental Agency Decisions the proposed collection of information Impact Statement (EIS) to document the is necessary for the proper performance analysis and disclose the environmental In accordance with the Mineral of the function of the Agencies, and human effects of proposed actions Leasing Act of 1920, as amended, the including whether the information will to offer the Flat Canyon Coal Lease Tract BLM Utah State Director must decide have practical utility; (b) the accuracy of (UTU–77114) for competitive leasing in whether or not to offer the tract for the Agencies’ estimate of the burden of accordance with 43 CFR 3425. The competitive leasing and under what the proposed collection of information, Office of Surface Mining Reclamation terms, conditions,and stipulations. including the validity of methodology and Enforcement will participate as a In accordance with the Coal Leasing and assumptions used; (c) ways to cooperating agency. Amendments Act of 1975 that amended enhance the quality, utility, and clarity The coal lease tract to be considered the Mineral Leasing Act of 1920, the of the information to be collected; and for leasing, as delineated by the Forest Supervisor, Manti-La Sal (d) ways to minimize the burden of the Interagency Tract Delineation Team, National Forest must decide whether or collection of information on those who encompasses 2,692.16 areas of Federal not to consent to leasing by BLM and are to respond, including through the coal lands on the Manti-La Sal National under what conditions for the use of appropriate automated, protection of non-mineral resources. Forest as follows: electronic, mechanical, or other Forest Service conditions would be technological collection techniques or T. 13 S., R. 6 E., SLM included into the lease document as Section 21, lots 1–4, E1⁄2E1⁄2, stipulations. other forms of information technology. 1 1 1 Comments may be sent to Diana Section 28, lots 1–8, S ⁄2NW ⁄4,SW ⁄4; Section 33, E1⁄2, E1⁄2W1⁄2, NW1⁄4NW1⁄4, DATES: Written comments concerning Wareham, Regulations and Paperwork SW1⁄4SW1⁄4. the scope of the analysis described in Management Division, U.S. Department T. 14 S., R. 6 E., SLM this notice should be received on or of Agriculture, Rural Development, Stop Section 4, lots 1–4, S1⁄2N1⁄2,S1⁄2; before April 18, 2000. 1 1 1 0742, 1400 Independence Avenue, SW., Section 5, lots 1–4, S ⁄2N ⁄2,S ⁄2. ADDRESSES: Send written comments to Washington, DC 20250–0742. All Additions and/or deletions to the Forest Supervisor, Manti-La Sal responses to this notice will be delineated tract may be considered as National Forest, 599 West Price River summarized and included in the request alternatives to the proposed action, to be Drive, Price, Utah 84501. for OMB approval. All comments will developed and analyzed based on issues FOR FURTHER INFORMATION CONTACT: also become a matter of public record. and management needs. Questions concerning the proposed Dated: March 1, 2000. Canyon Fuel Company, LLC (Canyon action and EIS should be addressed to James C. Kearney, Fuel) submitted an application for carter Reed or Aaron Howe, Manti-LA Administrator, Rural Housing Service. leasing of the Tract to the Bureau of Sal National Forest, phone (435) 637– Dated: March 8, 2000. Land Management on March 18, 1998. 2817. Dayton J. Watkins, The purpose of the application is to SUPPLEMENTARY INFORMATION: The EIS Administrator, Rural Business-Cooperative obtain the right to mine the remaining and Record of Decision (ROD) will tier Service. Federal coal reserves to the west of the to the final EIS and ROD for the Mani- Dated: March 2, 2000. permit area for Canyon Fuel’s Skyline La Sal National Forest Land and Christopher A. McLean, Mine. If Canyon Fuel is successful in Resource Management Plan (Forest obtaining the tract, they intend to Acting Administrator, Rural Utilities Service. Plan). The Forest Plan provides the extend the existing underground overall guidance (Goals, Objectives, Dated: March 8, 2000. workings of the Skyline Mine to the Keith Kelly, Standards, and Management Area west into the Flat Canyon Tract to Direction) to achieve the Desired Future Administrator, Farm Service Agency. extend the mine life an estimated 7–9 Condition for the area being analyzed, [FR Doc. 00–6604 Filed 3–16–00; 8:45 am] years at the current production rate. and contains specific management area BILLING CODE 3410±XV±U Pursuant to Canyon Fuel’s prescriptions for the entire Forest. application, the Bureau of Land Issues and alternatives to be evaluated Management, with participation from in the analysis will be determined DEPARTMENT OF AGRICULTURE the Forest Service and State of Utah, through scoping. The primary issues are completed a tract delineation report that Forest Service expected to include the socioeconomic set the boundaries of the tract to be benefits of leasing and mining, the evaluated for leasing (Uinta- DEPARTMENT OF THE INTERIOR potential impacts of underground Southwestern Utah Coal Region, Bureau mining and mining-induced subsidence of Land Management, Tract Delineation Bureau of Land Management to surface and ground water, vegetation, Report, Lease by Application UTU– wildlife, cultural resources, range Manti-La Sal National Forest and Utah 77114, Canyon Fuel, 1999). improvements, recreation, and other State Office/Price Field Office; Flat The Forest Service determined that land uses. Canyon Coal Lease Track, UTU±77114 the proposed lands are available for The Forest Service and BLM are Sanpete County, UT; Notice of Intent further consideration for coal leasing seeking information and comments from To Prepare an Environmental Impact under the Land and Resource Federal, State, and local agencies as Statement Management Plan (Forest Plan), Final well as individuals and organizations EIS, and Record of Decision (ROD) for who may be interested in, or affected by, AGENCY: Forest Service, USDA and the MManti-La National Forest, 1986. the proposed action. The agencies invite Bureau of Land Management, USDI. The Bureau of Land Management (BLM) written comments and suggestions on and Forest Service (FS) have determined the issues related to the proposed action ACTION: Notice of intent to prepare an that coal and environmental data are and the area being analyzed. Environmental Impact Statement. available to meet Uinta-Southwestern Information received will be used to

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14524 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices prepare the Draft and Final EIS and to The Draft EIS is estimated to be filed proposal, after considering the make the respective agency decisions. with the Environmental Protection comments, Environmental Impact For most effective use, comments would Agency (EPA) and available for public Statement, and applicable laws, be submitted to the Forest Service review in November, 2000. At that time regulations, and policies. The rationale within 30 days from the date of the EPA will publish an availability for the respective agency decisions will publication of this notice in the Federal notice in the Federal Register. be documented in the Records of Register. Preparation of the EIS will The comment period on the Draft EIS Decision. will be 45 days from the date that EPA’s include the following steps: Authority: (Mineral Leasing Act of 1. Define the proposed action and notice of availability appears in the February 25, 1920 (P.L. 66–146, 41 Stat. 437, purpose and need for action. Federal Register. It is very important as amended; 30 U.S.C. 181–287)) that those interested in this proposed 2. Identify potential issues. Dated: March 7, 2000. 3. Eliminate issues of minor action participate at that time. To be the Jeff Walter, importance or those that have been most helpful, comments on the Draft EIS covered by previous and relevant should be as specific as possible and Acting Forest Supervisor, Manti-La Sal National Forest. environmental analyses. may address the adequacy of the Dated: March 8, 2000. 4. Select issues to be analyzed in statement or the merits of the depth. alternatives discussed (See the Council Richard L. Manus, 5. Identify reasonable alternatives to of Environmental Quality Regulations Field Office Manager, Bureau of Land the proposed action. for implementing the procedural Management, Price Field Office. 6. Describe the affected environment. provisions of the National [FR Doc. 00–6150 Filed 3–16–00; 8:45 am] 7. Identify the potential Environmental Policy Act at 40 CFR BILLING CODE 3410±11±M environmental effects of the 1503.3). In addition, Federal court decisions alternatives. have established that reviewers of draft DEPARTMENT OF AGRICULTURE Steps 2, 3, and 4 will be completed environmental statements must through the scoping process. structure their participation in the Forest Service Step 5 will consider a range of environmental review of the proposal so alternatives developed from the key that it is meaningful and alerts an Notice of Public Meeting on Proposed issues and management needs. At a agency to the reviewer’s position and Withdrawal of Forest Service Lands, minimum, the ‘‘No Action’’ and contentions. Vermont Yankee Nuclear Arizona ‘‘Proposed Action’’ alternatives will be Power Corp. v. NRDC, 435 U.S. 519, 553 AGENCY: Forest Service, USDA. analyzed. Other alternatives could (1978). Environmental objections that ACTION: Notice. involve modified tract boundaries could have been raised at the draft stage (additions) and/or reductions) and may be waived if not raised until after SUMMARY: This notice announces the different sets of lease stipulations for the completion of the final environmental time and place for a public meeting on protection of natural resources. impact statement. City of Angoon v. the proposed Forest Service withdrawal Alternatives may also be developed to Hodel, (19th Circuit, 1986) and application for the protection of include analysis of mining and the Wisconsin Heritages, Inc. v. Harris, 490 cultural, recreational, and resource existing adjacent lease area and F. Supp. 1334, 1338, (E.D. Wis. 1980). values on and around the San Francisco additions to adjacent leases needed to The reason for this is to ensure that Peaks near Flagstaff, Arizona. This prevent bypassing coal reserves. substantive comments and objections public meeting will provide the Step 6 will describe the physical are made available to the Forest Service opportunity for public involvement in attributes of the area to be affected by at the time when it can meaningfully this proposed action as required by this proposal, with special attention to consider them and respond to them in regulation. All comments will be the environmental factors that could be the final document. considered when a final determination adversely affected. To assist the Forest Service in is made on whether this land should be Step 7 will analyze the environmental identifying and considering issues and withdrawn. effects of each alternative. This analysis concerns related to the proposed action, MEETING DATE AND TIME: The public will be consistent with management comments on the Draft EIS should be meeting will be held on May 17, 2000 direction outlined in the Forest Plan. specific as possible. Referring to specific from 5 pm to 8 pm. The direct, indirect, and cumulative pages or chapters of the Draft EIS is effects of each alternative will be most helpful. Comments may also MEETING LOCATION: Flagstaff City Hall, analyzed and documented. In addition, address the adequacy of the Draft EIS or Council Chambers and Conference the site-specific mitigation measures for the merits of the alternatives formulated Room, 211 West Aspen Avenue, each alternative will be identified and and discussed in the statement. Flagstaff, Arizona 86001. the effectiveness of these mitigation Reviewers may wish to refer to the FOR FURTHER INFORMATION CONTACT: Ken measures will be disclosed. Council on Environmental Quality Jacobs or Alvin Brown, Peaks Ranger Agency representatives and other Regulations for implementing the District, Coconino National Forest, 520– interested people are invited to visit procedural provisions of the National 526–0866. with Forest Service and BLM officials at Environmental Policy Act, 40 CFR SUPPLEMENTARY INFORMATION: A Notice any time during the EIS process. Two 1503.3, in addressing these points. The of Proposed Withdrawal for the San specific time periods are identified for Final EIS is expected to be released in Francisco Peaks/Mount Elden Area was the receipt of formal comments on the March, 2001. published in the Federal Register issue analysis. The two comment period are, The Forest Supervisor of the Manti-La of November 4, 1998, Vol 63, No. 213, (1) during the scoping process, the next Sal National Forest and Utah State page 59576. The notice contained a legal 30 days following publication of this Director of the Bureau of Land description of the proposed withdrawal Notice in the Federal Register, and (2) Management, who are the responsible area and stated that a public meeting during the formal review period of the officials for the EIS, will then make their would be held at a later date. Notice is Draft EIS. respective decisions regarding this hereby given that a public meeting will

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14525 be held at the location, date, and time SW, Washington, DC 20250–0787, Rural Development, U.S. Department of shown above. The purpose of the Telephone (202) 720–1498, Facsimile Agriculture, Stop 0742, 1400 meeting is to allow interested persons to (202) 690–0471, E-mail: Independence Avenue SW, Washington, ask questions and comment on the [email protected]. You DC 20250–0742. All responses to this proposed withdrawal. may also obtain information from the notice will be summarized and included Dated: March 8, 2000. RCDI website at: www.rurdev.usda.gov/ in the request for OMB approval. All rhs/rcdi/index.htm. James W. Golden, comments will also become a matter of SUPPLEMENTARY INFORMATION: public record. Forest Supervisor, Coconino National Forest. [FR Doc. 00–6581 Filed 3–16–00; 8:45 am] Paperwork Reduction Act Background BILLING CODE 3410±11±M The reporting requirements contained Congress created the Rural in this notice have received temporary Community Development Initiative emergency clearance by the Office of (RCDI) in Fiscal Year 2000 with an DEPARTMENT OF AGRICULTURE Management and Budget (OMB) under appropriation of $6 million under the Rural Community Advancement Rural Housing Service Control Number 0575–0180. However, in accordance with the Paperwork Program (RCAP). These funds are to be Notice of Funds Availability (NOFA) Reduction Act of 1995, RHS will seek used solely to develop the capacity and Inviting Applications for the Rural standard OMB approval of the reporting ability of private, nonprofit community- Community Development Initiative requirements contained in this Notice based housing and community (RCDI) and hereby opens a 60-day public development organizations, and low comment period. income rural communities to improve AGENCY: Rural Housing Service, USDA. Abstract: RHS, an Agency within the housing, community facilities, and ACTION: Notice. USDA Rural Development mission area, community and economic development will administer the RCDI grant program projects in rural areas. Qualified private SUMMARY: This Notice announces the through their Community Facilities and public (including tribal) availability of $6 million of grant funds Division. The intent of the RCDI grant intermediary organizations proposing to for the RCDI program through the Rural program is to develop the capacity and carry out technical assistance programs Housing Service (RHS), herein referred ability of rural area recipients through a will be eligible to receive the funding. to as the Agency, USDA. Applicants program of technical assistance The intermediary will be required to must provide matching funds from non- provided by qualified intermediary provide matching funds from non- Federal sources in an amount at least organizations. Federal sources in an amount at least equal to the Federal grant. These grants Estimate of Burden: Public reporting equal to the RCDI grant. will be made to qualified intermediary burden for this collection of information organizations that will provide technical is estimated to average 1.37 hours per Definitions for RCDI Purposes assistance to recipients to develop their response. Agency—The Rural Housing Service capacity and ability to undertake Respondents: Intermediaries and (RHS) or its successor. projects to improve housing, community recipients. Beneficiary—entities or individuals facilities, or community and economic Estimated Number of Respondents: that receive benefits from assistance development. This Notice lists the 100. provided by the recipient. information needed to submit an Estimated Number of Responses per Capacity—the ability of a recipient to application for these funds. Respondent: 15. finance and implement housing, DATES: The deadline for receipt of an Estimated Total Annual Burden on community facilities, and community application is 4:00 p.m. EST on June 15, Respondents: 2,012 hours. and economic development projects or 2000. The application deadline is firm Copies of this information collection provide technical assistance to enhance as to date and hour. The agency will not can be obtained from Tracy Gillin, a community’s potential. consider any application received after Regulations and Paperwork Intermediary—a qualified private or the deadline. Management Branch, (202) 692–0039. public (including tribal) organization Comments: Comments are invited on: The comment period for information that provides technical assistance to (a) Whether the proposed collection of collection under the Paperwork multiple recipients. information is necessary for the proper Reduction Act of 1995 continues Low-income community a city, town, performance of the functions of the through May 16, 2000. Comments on the village, county, parish, or borough with Agency, including whether the paperwork burden must be received by a median household income at, or information will have practical utility; this date to be assured of consideration. below, 80 percent of the statewide (b) the accuracy of the Agency estimate median household income. ADDRESSES: Entities wishing to apply for of the burden of the proposed collection Matching Funds cash or confirmed assistance may download the of information including the validity of funding commitments from non-Federal application requirements from the RCDI the methodology and assumptions used; sources. Matching funds must be at least website at: www.rurdev.usda.gov/rhs/ (c) ways to enhance the quality, utility, equal to the grant amount. In-kind rcdi/index.htm. Applicants may also and clarity of the information to be contributions cannot be used as request application packages from: Beth collected; and (d) ways to minimize the matching funds. Jones, Rural Housing Service, STOP burden of the collection of information Recipient—the entity that receives the 0787, 1400 Independence Ave. SW, on those who are to respond, including technical assistance from the Washington, DC 20250–0787, the use of appropriate automated, intermediary. The recipient must be Telephone (202) 720–1498, E-mail: electronic, mechanical, or other either a private, nonprofit community- [email protected]. technological collection techniques or based housing or community FOR FURTHER INFORMATION CONTACT: Beth other forms of information technology. development organization or a low- Jones, Senior Loan Specialist, Comments on the paperwork burden income rural community. Community Programs, RHS, USDA, may be sent to Tracy Gillin, Regulations Rural and Rural Area—a city, town, STOP 0787, 1400 Independence Ave. and Paperwork Management Branch, or unincorporated area that has a

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Develop the capacity of recipients provide the State Director’s written inhabitants. to conduct community development comments and recommendations to the Technical Assistance—skilled help in programs, (e.g., home-ownership National Office. improving the recipient’s abilities in the education or training for minority Evaluation Criteria and Weights areas of housing, community facilities, business entrepreneurs). or community and economic 3. Develop the capacity of recipients This information should be presented development. The Agency will to conduct development initiatives, in narrative form. Documentation must determine whether a specific activity (e.g., programs that support micro- be limited to two pages per criterion qualifies as technical assistance. enterprise, cooperatives, and sustainable with the exception of ‘‘Economic development). Distress’’, which must be limited to one Eligibility Requirements 4. Increase the leveraging ability and page per recipient. 1. The recipient and beneficiary, but access to alternative funding sources by 1. Improve Capacity—maximum 60 not the intermediary, must be located in providing resources to recipients for points an eligible rural area. The applicable training, staffing, and other related Rural Development State Office can costs. The applicant must demonstrate how assist in determining the eligibility of an 5. Develop successful essential they will improve the recipients’ area. A listing of Rural Development community facilities by providing capacity as it relates to the RCDI State Offices is included in this Notice. resources to recipients for training, purposes. Applications must include a 2. The recipients must be identified in staffing, and other related costs. description of how the improved the grant application. 6. Assist recipients in completing capacity will be measured. All 3. The recipients must be private, predevelopment requirements for applications will be competitively nonprofit organizations or low-income housing, community facilities, or ranked with the applications providing rural communities, not individuals. community and economic development the most improvement in capacity 4. The intermediary must provide projects by providing resources for a development and specific matching non-Federal funds at least technical assistance program. measurements of success being ranked equal to the amount of the grant. 7. Improve recipient’s organizational the highest. Each of the following rating 5. The intermediary must provide a capacity by providing training and criteria will be equally considered, with program of technical assistance to the resource material on developing the sub-criteria equally considered recipient. strategic plans, board operations, and within each criterion: 6. The intermediary organization must management. a. Number of recipients trained and have at least three years prior extensiveness of training programs on: experience working with nonprofit Ineligible Grant Uses (1) Building organizational capacity organizations or low-income rural 1. Funding a revolving loan fund. through developing strategic plans, communities in the areas of housing, 2. Construction (in any form). board operations, and management; community facilities, or community and 3. Intermediary preparation of (2) Developing projects related to economic development. strategic plans for recipients. housing, community facilities or 7. The respective minimum and 4. Funding illegal activities. community and economic development; maximum grant amount per 5. Grants to individuals. and intermediary is $50,000 and $1 million. 6. Funding a grant where there may be (3) Developing initiatives that support 8. Proposals must be structured to a conflict of interest or an appearance of micro-enterprises, cooperatives, and utilize the grant funds within 3 years a conflict of interest involving any home-ownership education. from the date of the award. action by the Agency. b. Programs’ demonstrated ability to: 9. Each intermediary, whether 7. Paying obligations incurred before (1) Increase recipients’ leveraging and singularly or jointly, may only submit the beginning date or after the ending access to alternative funding sources; one application for RCDI funds under date of the grant agreement. (2) Enlarge the recipients’ geographic this NOFA unless the intermediary’s 8. Purchasing real estate. service area; participation is limited to providing all 9. Improvement or renovation of the (3) Increase the services provided by or part of the matching funds. grantee’s office space or for the repair or the recipient; and (4) Allow the recipient to provide new 10. Only federally recognized Indian maintenance of privately-owned services. tribes are eligible tribal applicants. vehicles. c. Any other technical assistance 10. Any other purpose prohibited in program that meets the recipients’ Eligible Grant Uses 7 CFR parts 3015, 3016, and 3019, as Grant uses must be consistent with unique needs to improve capacity. applicable. The application ranking and scoring the RCDI purpose, (see ‘‘Background’’ are: section of this Notice). A nonexclusive Methods for Evaluating Applications list of eligible grant uses includes the Applications will be rated and ranked Scoring following: by a review panel based on the Ranking (points) 1. Provide technical assistance to ‘‘Evaluation Criteria and Weights’’ develop recipients’ capacity and ability contained in this Notice. If there is a tie 8 highest ranking applications ...... 60 to undertake projects to improve score after the applications have been Next 8 highest ranking applica- housing, community facilities, or rated and ranked, the tie will be tions ...... 45 community and economic development, resolved by a lottery. The names of the Next 8 highest ranking applica- (e.g., the intermediary hires a staff applicants will be entered into a tions ...... 30 Next 8 highest ranking applica- person to provide technical assistance to drawing. The first name drawn will tions ...... 15 the recipient; the recipient hires a staff receive the highest ranking of those in

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2. Expertise—maximum 40 points 4. Income—maximum 30 points data to verify the difference in unemployment figures. Newspaper The applicant must demonstrate they Points will be awarded by comparing the average median household income articles or a letter from the Chamber of have conducted programs of technical Commerce can be used as verification of assistance and achieved measurable of recipients’ location with the State median household income using 1995 the loss of industry. results in the areas of housing, b. Unemployment—an annual average community facilities, or community and data from the Bureau of the Census. The applicant must submit national data on unemployment rate for 1998 of 11.5 economic development in rural areas. percent or greater, in accordance with All applications will be competitively income to verify the income figures being used. This information can be the U.S. Department of Labor, Bureau of ranked using the following equally rated Labor Statistics. This data can be criteria: accessed from a link on the RCDI website. The web address is accessed from a link on the RCDI a. The number of years of www.rurdev.usda.gov/rhs/rcdi/ website. The RCDI web address is organizational experience the applicant index.htm. Points will be awarded as www.rurdev.usda.gov/rhs/ has providing technical and other follows: rcdi.index.htm. Submit the excerpt from assistance to nonprofit organizations or this data to verify the unemployment low-income rural communities in the Average recipient median income Scoring rate. areas of housing, community facilities, is (points) c. Poverty—a location where the or community and economic median household income is below development; Less than 60 percent of the State 60% of the State median household median household income ...... 30 b. The average number of staff years Between 60 and 70 percent of the income. Submit national data on the members of the applicant State median household in- income, using 1995 data from the organization have providing technical come ...... 20 Bureau of the Census, to verify income and other assistance to nonprofit Greater than 70 percent of the figures. This data can be accessed from organizations or low-income rural State median household in- a link on the RCDI website. The RCDI communities in the areas of housing, come ...... 10 web address is www.rurdev.usda.gov/ community facilities, or community and rhs/rcdi/index.htm. economic development; and 5. Sustainability—30 points d. Out-migration of population—a 10 c. Previous Federal grant experience Applications that have self-sustaining percent or greater decline in population measured by the dollar amount of proposals will be awarded 30 points. To between the July 1, 1998 estimated Federal grants received in the last 5 be considered self-sustaining, a proposal population and the April 1, 1990 census years by the intermediary and the must, at a minimum, be expected to be population. Submit population data to number of housing, community fully functional for at least 3 years after verify the decline in population. The facilities, or community and economic the expiration of the grant. Points will population figures can be accessed from development recipients assisted. be awarded to applications that have the a link on the RCDI website. The RCDI highest score on the following factors: a. web address is www.rurdev.usda.gov/ The application ranking and scoring rhs/rcdi/index.htm. are: The number of years the proposal will be self-sustaining and what the ongoing e. Natural disasters—a Presidentially Scoring impact will be; b. How the capacity declared natural disaster area. Ranking (points) being built and the impact will be The percentages and scoring are: measured; and c. How the program will 8 highest ranking applications ...... 40 be financially sustained after funds are Percentage of recipients with doc- Scoring Next 8 highest ranking applica- fully disbursed. umented economic distress (points) tions ...... 30 Next 8 highest ranking applica- 6. Economic Distress—maximum 20 95±100 ...... 20 tions ...... 20 points 75±94 ...... 15 Next 8 highest ranking applica- 50±74 ...... 10 tions ...... 10 Appropriate documentation and 25±49 ...... 5 verification must be submitted to support these criteria. For each recipient 3. Population—maximum 30 points 7. Innovative Approach—maximum 20 location, select only one type of points Population is based on the 1990 economic distress, if applicable, and census data. The applicant must submit provide documentation. The recipient The applicant must demonstrate that national data on population, from the location must meet the requirements they have developed an innovative Bureau of the Census, to verify the listed for the category selected. The approach that can be used by other population figures being used. This data areas of economic distress that will be organizations as a model. To be can be accessed from a link on the RCDI considered are: considered innovative, the approach website. The RCDI web address is a. Loss of industry—compare the must propose an easily replicated new www.rurdev.usda.gov/rhs/rcdi/ annual average unemployment rate for or useful service or method of providing index.htm. The average population of 1998 to the lowest annual average service to recipients that builds their the recipient locations will be used and unemployment rate since 1994. The capacity to improve their communities will be scored as follows: difference between the rates must be in the areas of housing, community seven percent or more and be directly facilities or community and economic related to the loss of industry. development. Points will be awarded to Population Scoring (points) Unemployment data, to verify the applications that have the highest score differences in the unemployment rate, on the following factors: 5,000 or less ...... 30 can be accessed from a link on the RCDI a. Ease of replication by nonprofit 5,001 to 10,000 ...... 20 website. The RCDI web address is organizations or low-income rural 10,001 to 20,000 ...... 10 communities; 20,001 to 50,000 ...... 5 www.rurdev.usda.gov/rhs/rcdi/ index.htm. Submit excerpts from this b. Uniqueness of proposal;

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c. Financial return to rural awardee within 15 working days from Contents of Application Package communities; and the date the application is returned to A complete application for RCDI d. Need by nonprofit organization or the applicant. Any modifications must funds must include the following. low-income rural community. be within the scope of the original 1. A summary page listing the If warranted, up to ten applicants will application. following items. This information be eligible to receive points in this Program Requirements should be double-spaced between items category. The application ranking and and not in narrative form. scoring are: 1. A Civil Rights Impact Analysis a. Applicant’s name, Certification must be completed by the b. Applicant’s address, Scoring Agency prior to grant approval. Ranking (points) c. Applicant’s telephone number, 2. A pre-award compliance review d. Name of applicant’s contact person, 5 highest ranking applications ...... 20 will be conducted by the Agency prior e. Amount of grant request, Next 5 highest ranking applica- to closing the grant. f. Number of recipients, and tions ...... 10 3. The intermediary and recipient g. Source and amount of matching must comply with title VI of the Civil funds. 8. Geographic Distribution Points—20 Rights Act of 1964, section 504 of the 2. A detailed Table of Contents points Rehabilitation Act of 1973 and containing page numbers for each Applicant must provide a map that Executive Order 12250. component of the application. specifically describes the areas covered 4. The grantee must comply with the 3. A project overview, no longer than by their recipients. After applications applicable requirements of 7 CFR part three pages, which should include: have been evaluated and awarded 3015, ‘‘Uniform Federal Assistance a. Recipient names and locations, points under the first seven criteria, the Regulations,’’ part 3016, ‘‘Uniform (locations should include town, county, Agency may award 20 points per Administrative Requirements for Grants and state and the population application to promote a broad and Cooperative Agreements to State composition of the service area of the geographic distribution of RCDI funds. and Local Governments,’’ and part 3019, recipient including race, sex, and ‘‘Uniform Administrative Requirements national origin), submit information 9. Purpose Distribution Points—20 for Grants and Agreements with from the 1990 census to verify points Institutions of Higher Education, population figures; Applicant must state the purpose of Hospitals, and other Nonprofit b. Evidence that the recipient is a their application, i.e., housing, Organizations.’’ nonprofit organization or a public body in a low-income rural community; and community facilities, or community and Grantee Requirements economic development. After c. Verification of matching funds, i.e., applications have been evaluated and Grantees will be required to do the a copy of a bank statement if matching awarded points under the first seven following. funds are in cash or a copy of the criteria, the Agency may award 20 1. Execute a Rural Community confirmed funding commitment from points per application to promote Development Initiative Grant the funding source. The applicant will diversity of RCDI purposes. Agreement, which is published at the be contacted by the Agency prior to end of this NOFA. grant award if verification of matching 10. Proportional Distribution Points—20 2. Execute Form RD 1940–1, ‘‘Request funds was not submitted with the points for Obligation of Funds.’’ application. The applicant will have 10 Applicant must state the amount of 3. Provide evidence of fidelity or working days, from the date of contact, their grant request. After applications employee dishonesty bond coverage to submit verification of matching have been evaluated and awarded equal to the grant amount at grant funds. If the applicant is unable to points under the first seven criteria, the closing. provide the verification within that Agency may award 20 points per 4. Use Form SF 270, ‘‘Request for timeframe, their application will be application to promote dispersion of Advance or Reimbursement’’ to request considered ineligible. grant awards between the range of advances and reimbursements. Describe Items ‘‘d’’ Through ‘‘h’’ in $50,000 to $1,000,000. 5. Provide financial status and project Narrative Form. Deliverables performance reports on a quarterly basis d. The type of technical assistance starting with the first full quarter after Grant funds and matching funds must and how it will be implemented, the grant award. be used in equal proportions. Grant e. How the capacity and ability of the funds will be disbursed pursuant to 6. Maintain a financial management recipient will be improved, relevant provisions of 7 CFR parts 3015, system that is acceptable to the Agency. f. The overall goal to be 3016, and 3019, as applicable. Matching 7. Provide annual audits or accomplished, funds must be used to support the management reports on Forms RD 442– g. The benchmarks that will be used overall purpose of the RCDI program. 2, ‘‘Statement of Budget, Income, and to measure success, and Equity,’’ and RD 442–3, ‘‘Balance h. A synopsis of what the applicant Grant Amounts Sheet,’’ depending on the amount of organization does or attach a copy of its In the event that the applicant is Federal funds expended and the mission statement, if available. awarded a grant that is less than the outstanding balance. 4. Each of the ‘‘Evaluation Criteria’’ amount requested, they will be required 8. Collect and maintain data provided must be addressed specifically and to modify their application to conform by recipients on race, sex, and national individually by category. Present these to the reduced amount before execution origin and ensure that their recipients criteria in narrative form. of the grant agreement. The Agency collect and maintain the same data on Documentation must be limited to two reserves the right to reduce or de- their beneficiaries. pages per criterion with the exception of obligate the award if acceptable 9. Provide a final project performance ‘‘Economic Distress’’, which must be modifications are not submitted by the report. limited to one page per recipient.

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5. A separate one-page information the deadline. A listing of Rural (317) 290–3109 (ext. 431), TDD (317) sheet listing each of the ‘‘Evaluation Development State Offices, their 290–3343, Greg Delp Criteria and Weights’’, contained in this addresses, telephone numbers, and Iowa State Office, 873 Federal Building, Notice, followed by the page numbers of person to contact follows: 210 Walnut Street, Des Moines, IA all relevant material and documentation 50309, (515) 284–4152, TDD (515) Note: Telephone numbers listed are not 284–4858, Dorman Otte contained in the application which toll-free. supports these criteria. This page should Kansas State Office, 1200 SW Executive immediately follow the project Alabama State Office, Suite 601, Drive, PO Box 4653, Topeka, KS overview. Sterling Centre, 4121 Carmichael 66604, 785) 271–2728, TDD (785) 6. A breakdown of specific time Road, Montgomery, AL 36106–3683, 271–2767, Gary L. Smith increments and steps to accomplish (334) 279–3455, TDD (334) 279–3495, Kentucky State Office, 771 Corporate goals. James B. Harris Drive, Suite 200, Lexington, KY 7. A detailed breakdown of estimated Alaska State Office, 800 West Evergreen, 40503, (606) 224–7415, TDD (606) costs and a project budget. Suite 201, Palmer, AK 99645, (907) 224–7422, Vernon Brown Louisiana State Office, 3727 8. Organizational documents for the 761–7705, TDD (907) 745–6494, Frank Government Street, Alexandria, LA intermediary. Muncy 71302, (318) 473–7940, TDD (318) 9. Form SF–424, ‘‘Application for Arizona State Office, Phoenix Corporate Federal Assistance.’’ 473–7655, Danny H. Magee Center, 3003 N. Central Ave., Suite Maine State Office, 967 Illinois Ave., 10. Form SF–424B, ‘‘Assurances— 900, Phoenix, AZ 85012–2906, (602) Non-Construction Programs.’’ Suite 4, PO Box 405, Bangor, ME 280–8747, TDD (602) 280–8706, 04402–0405, (207) 990–9168, TDD 11. Form AD–1047, ‘‘Certification Leonard Gradillas Regarding Debarment, Suspension, and (207) 942–7331, Alan C. Daigle Arkansas State Office, 700 W. Capitol Maryland Served by Delaware State Other ˆ Ave., Rm. 3416, Little Rock, AR Responsibility Mattersu Primary Office 72201–3225, (501) 301–3257, TDD Massachusetts, Connecticut, & Rhode Covered Transactions.’’ (501) 301–3279, Jesse Sharp Island State Office, 451 West Street, 12. Form AD–1048, ‘‘Certification California State Office, 430 G Street, Regarding Debarment, Suspension, Amherst, MA 01002, (413) 253–4318, ˆ Agency 4169, Davis, CA 95616–4169, Ineligibility and Voluntary Exclusionu TDD (413) 253–7068, Daniel R. (530) 792–5825, TDD (530) 792–5825, Beaudette Lower Tier Covered Transactions.’’ Charles M. Clendenin Michigan State Office, 3001 Coolidge 13. Form AD–1049, ‘‘Certification Colorado State Office, 655 Parfet Street, Road, Suite 200, East Lansing, MI Regarding Drug-Free Workplace Room E100, Lakewood, CO 80215, 48823, (517) 324–5192, TDD (517) Requirements.’’ (303) 236–2801 (ext. 136), TDD (303) 337–6795, Philip H. Wolak 14. Certification of Non-Lobbying 236–1590, Leroy W. Cruz Minnesota State Office, 410 AgriBank Activities. Building, 375 Jackson Street, St. Paul, 15. Standard Form LLL, ‘‘Disclosure Connecticut served by Massachusetts State Office MN 55101–1853, (651) 602–7820, of Lobbying Activities’’. TDD (651) 602–3799, Jackie 16. Form RD 400–1, ‘‘Equal Delaware and Maryland State Office, 5201 South Dupont Highway, PO Box Goodnough Opportunity Agreement’’. Mississippi State Office, Federal 17. Form RD 400–4, ‘‘Assurance 400, Camden, DE 19934–9998, (302) 697–4314, TDD (302) 697–4303, Building, Suite 831, 100 W. Capitol Agreement’’. Street, Jackson, MS 39269, (601) 965– 18. Identify and Report Any Arthur Greenwood Florida & Virgin Islands State Office, 4325, TDD (601) 965–5850, Danny Ivy Association or Relationship with Rural Missouri State Office, 601 Business Development Employees. 4440 N.W. 25th Place, PO Box 147010, Gainesville, FL 32614–7010, Loop 70 West, Parkade Center, Suite What and Where To Submit (352) 338–3440, TDD (352) 338–3499, 235, Columbia, MO 65203, (573) 876– 0995, TDD (573) 876–9301, D. Clark An original and one copy of the Glenn E. Walden Georgia State Office, Stephens Federal Thomas complete application package must be Montana State Office, Unit 1, Suite B Building, 355 E. Hancock Avenue, submitted to: Beth Jones, Rural Housing 900 Technology Blvd., Bozeman, MT Athens, GA 30601–2768, (706) 546– Service, STOP 0787, 1400 Independence 59715, (406) 585–2515, TDD (406) 2171, TDD (706) 546–2034, Jerry M. Ave. SW, Washington, DC 20250–0787 585–2562, MaryLou Affleck and a copy of the application must be Thomas Nebraska State Office, Federal Building, submitted to the Rural Development Guam served by Hawaii State Office room 152, 100 Centennial Mall N, State Office that has jurisdiction over Hawaii, Guam, & Western Pacific Lincoln, NE 68508, (402) 437–5559, the location of the recipients of this Territories State Office, Room 311, TDD (402) 437–5093, Denise Brosius- assistance. A listing of Rural Federal Building, 154 Waianuenue Meeks Development State Offices is included Avenue, Hilo, HI 96720, (808) 933– Nevada State Office, 1390 South Curry in this Notice. Applications sent 8309, TDD (808) 933–8321, Thao Street, Carson City, NV 89703–9910, electronically or by facsimile will not be Khamoui (775) 887–1222 (ext. 26), TDD (775) accepted. Idaho State Office, Suite A1, 9173 West 885–0633, Mike Holm Barnes Dr., Boise, ID 83709, (208) New Hampshire State Office, Concord When To Submit 378–5617, TDD (208) 378–5644, Center, Suite 218, Box 317, 10 Ferry The deadline for receipt of an Daniel H. Fraser Street, Concord, NH 03301–5004, application is 4:00 p.m. EST on June 15, Illinois State Office, Illini Plaza, Suite (603) 223–6037, TDD (603) 229–0536, 2000. The application deadline is firm 103, 1817 South Neil Street, William W. Konrad as to date and hour and applies to Champaign, IL 61820, (217) 398–5412 New Jersey State Office, Tarnsfield submission of the original application (ext. 246), TDD (217) 398–5396, Plaza, Suite 22, 790 Woodland Road, and one copy to the National Office in Gerald A. Townsend Mt. Holly, NJ 08060, (609) 265–3641, Washington, DC. The Agency will not Indiana State Office, 5975 Lakeside TDD (609) 265–3687, Michael P. consider any application received after Boulevard, Indianapolis, IN 46278, Kelsey

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New Mexico State Office, 6200 Jefferson Virgin Islands served by Florida State According to the Paperwork Reduction Act St., NE, Room 255, Albuquerque, NM Office of 1995, no persons are required to respond 87109, (505) 522–8775, ext. 6,TDD Virginia State Office, Culpeper Building, to a collection of information unless it displays a valid OMB control number. The (505) 761–4938, Clyde F. Hudson Suite 238, 1606 Santa Rosa Road, valid OMB control number for this New York State Office, The Galleries of Richmond, VA 23229, (804) 287– information collection is 0575–0180. The Syracuse, 441 S. Salina Street, Suite 1600, TDD (804) 287–1753, H. Kent time required to complete this information 357, Syracuse, NY 13202, (315) 477– Ware collection is estimated to average 30 minutes 6427, TDD (315) 477–6447, David Washington State Office, Suite B, 1835 per response, including the time for Miller Black Lake Boulevard, SW, Olympia, reviewing instructions, searching existing North Carolina State Office, 4405 Bland WA 98512–5715, (360) 704–7707, data sources, gathering and maintaining the data needed, and reviewing the collection of Road, Suite 260, Raleigh, NC 27609, TDD (360) 704–7760, Deborah Davis (919) 873–2061, TDD (919) 873–2003, information. Western Pacific Territories served by Grantee agrees that Grantee will: Thurman E. Burnette Hawaii State Office North Dakota State Office, Federal A. Provide a program of technical West Virginia State Office, Federal assistance in accordance with the proposal Building, Room 208, 220 East Rosser, Building, 75 High Street, Room 320, outlined in the application, the terms of PO Box 1737, Bismarck, ND 58502, Morgantown, WV 26505–7500, (304) which are incorporated with this Agreement (701) 530–2040, TDD (701) 530–2113, 284–4868, TDD (304) 284–5941, and must be adhered to. Any changes to the William C. Davis Dianne Crysler approved program of technical assistance Ohio State Office, Federal Building, must be approved in writing by the Grantor; Wisconsin State Office, 4949 Kirschling Room 507, 200 North High Street, B. Use Grant Funds only for the purposes Court, Stevens Point, WI 54481, (715) Columbus, OH 43215–2477, (614) and activities specified in the application 345–7615 (ext. 131), TDD (715) 345– 255–2391, TDD (614) 469–5757, package approved by the Agency including 7614, Mark Brodziski the approved budget. Any uses not provided David M. Douglas Wyoming State Office, 100 East B, for in the approved budget must be approved Oklahoma State Office, 100 USDA, Suite in writing by the Agency in advance; 108, Stillwater, OK 74074–2654, (405) Federal Building, Room 1005, PO Box 820, Casper, WY 82602, (307) 261– C. Charge expenses for travel and per diem 742–1060, TDD (405) 742–1007, Rock that will not exceed the rates paid Agency W. Davis 6318, TDD (307) 261–6333, Charles employees for similar expenses; Oregon State Office, 101 SW Main, Suite Huff D. Request cash advances in the minimum 1410, Portland, OR 97204–3222, (503) Dated: March 13, 2000. amount needed and shall be timed to be in accord only with the actual, immediate cash 414–3363, TDD (503) 414–3387, Jerry Inga Smulkstys, requirements for carrying out the grant W. Sheridan Acting Under Secretary, Rural Development. purpose. Form SF 270, ‘‘Request for Advance Pennsylvania State Office, One Credit OMB NO. 0575–0180 or Reimbursement’’, will be used for this Union Place, Suite 330, Harrisburg, purpose; PA 17110–2996, (717) 237–2281, TDD United States Department of E. Provide periodic reports as required by (717) 237–2261, Gary Rothrock Agriculture the Grantor. A financial status report and a project performance report will be required Puerto Rico State Office, New San Juan Rural Housing Service Office Bldg., Room 501, 159 Carlos E. on a quarterly basis (due 15 working days Chardon Street, Hato Rey, PR 00918– Rural Community Development after each calendar quarter). The financial Initiative Grant Agreement status report must show how grant funds and 5481, (787) 766–5095 (ext. 261), TDD matching funds have been used to date and 1–800–274–1572, Pedro Gomez THIS GRANT AGREEMENT (Agreement) project the funds needed and their purposes Rhode Island served by Massachusetts dated lll, is a contract for receipt of grant for the next quarter. A final report may serve State Office, funds under the Rural Community as the last quarterly report. Grantees shall South Carolina State Office, Strom Development Initiative (RCDI). constantly monitor performance to ensure Thurmond Federal Building, 1835 BETWEEN that time schedules are being met and Assembly Street, Room 1007, a private or public or tribal organization, projected goals by time periods are being Columbia, SC 29201, (803) 253–3432, (Grantee or Intermediary) and the United accomplished. The project performance TDD (803) 765–5697, Larry D. Floyd States of America acting through the Rural reports shall include, but are not limited to, Housing Service (the Agency), Department of the following: South Dakota State Office, Federal 1. A comparison of actual Building, Room 210, 200 Fourth Agriculture, (Grantor), for the benefit of recipients listed in Grantee’s application for accomplishments to the objectives for that Street, SW, Huron, SD 57350, (605) the grant. period; 352–1132, TDD (605) 352–1147, 2. Reasons why established objectives were WITNESSETH: Dwight Wullweber not met, if applicable; The principal amount of the grant is 3. Problems, delays, or adverse conditions Tennessee State Office, Suite 300, 3322 lll West End Avenue, Nashvile, TN $ (Grant Funds). Matching funds, in an which will affect attainment of overall amount equal to the grant funds, will be 37203–1084, (615) 783–1345, TDD program objectives, prevent meeting time provided by Grantee from a non-Federal schedules or objectives, or preclude the (615) 783–1397, Keith Head source. The Grantee and Grantor will execute attainment of particular objectives during Texas State Office, Federal Building, Form RD 1940–1, ‘‘Request for Obligation of established time periods. This disclosure Suite 102, 101 South Main, Temple, Funds’’. shall be accomplished by a statement of the TX 76501, (254) 742–9755, TDD (254) WHEREAS, action taken or planned to resolve the 742–9712, Eugene G. Pavlat Grantee will provide a program of situation; Utah State Office, Wallace F. Bennett technical assistance to develop the capacity 4. Objectives and timetables established for Federal Building, 125 S. State Street, and ability of private, nonprofit community- the next reporting period; Room 4311, Salt Lake City, UT based housing or community development 5. If available, a summary of the race, sex, 84147–0350, (801) 524–4326, TDD organizations, or low-income rural and national origin of the recipients and a communities to undertake projects to summary from the recipients of the race, sex, (801) 524–3309, Jack Cox improve housing, community facilities, or and national origin of the beneficiaries; and Vermont State Office, City Center, 3rd community and economic development 6. The final report will also address the Floor, 89 Main Street, Montpelier, VT projects in rural areas; following: 05602, (802) 828–6030, TDD (802) NOW, THEREFORE, in consideration of (a) What have been the most challenging or 223–6365, Rhonda Shippe said grant; unexpected aspects of this program?

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(b) What advice would you give to other unobligated balances, assets, liabilities, consideration, upon such terms and organizations planning a similar program? outlays, and income; conditions as Grantor may determine to be: Please include strengths and limitations of 3. Effective control over and accountability 1. Advisable to further the purpose of the the program. If you had the opportunity, for all funds, property, and other assets. grant or to protect Grantor’s financial interest what would you have done differently? Grantees shall adequately safeguard all such therein; and (c) Are there any post-grant plans for this assets and shall ensure that they are used 2. Consistent with both the statutory project? If yes, how will they be financed? solely for authorized purposes; purposes of the grant and the limitations of (d) If an innovative approach was used 4. Accounting records supported by source the statutory authority under which it is successfully, the grantee must describe their documentation; and made. program in detail for replication by other 5. Grantee tracking of fund usage and Both Parties Agree: organizations and communities. records that show matching funds and grant A. Extensions of this grant agreement may F. Consider potential recipients without funds are used in equal proportions. The be approved by the Agency, in writing, discrimination as to race, color, religion, sex, grantee will provide verifiable provided in the Agency’s sole discretion the national origin, age, marital status, or documentation regarding matching fund extension is justified and there is a likelihood physical or mental disability; usage, i.e., bank statements or copies of that the grantee can accomplish the goals set G. Insure that any services or training funding obligations from the matching out and approved in the application package offered by the recipient, as a result of the source. during the extension period; technical assistance received, must be made L. Retain financial records, supporting B. The Grantor must approve any changes available to all persons in the recipient’s documents, statistical records, and all other in recipient or recipient composition; service area without discrimination as to records pertinent to the grant for a period of C. The Grantor has agreed to give the race, color, religion, sex, national origin, age, at least three years after grant closing except Grantee the Grant Funds, subject to the terms marital status, or physical or mental that the records shall be retained beyond the and conditions established by the Grantor: disability at reasonable rates, including three-year period if audit findings have not Provided, However, That any Grant Funds assessments, taxes, or fees. Programs and been resolved. Microfilm or photocopies or actually advanced and not needed for grant activities must be delivered from accessible similar methods may be substituted in lieu of purposes be returned immediately to the locations. The recipient must ensure that original records. The Grantor and the Grantor. This agreement shall terminate three where there are non-English speaking Comptroller General of the United States, or years from this date unless extended or populations that materials are provided in any of their duly authorized representatives, unless terminated beforehand due to default the language that is spoken; shall have access to any books, documents, on the part of the Grantee or for convenience H. Insure that recipients are required to papers, and records of the Grantee’s which of the Grantor and Grantee. The Grantor may place nondiscrimination statements in are pertinent to the specific grant program for terminate the grant in whole, or in part, at advertisements, notices, pamphlets and the purpose of making audits, examinations, any time before the date of completion, brochures making the public aware of their excerpts, and transcripts; whenever it is determined that the Grantee services. The Grantee and recipient are M. Provide an A–133 audit report if has failed to comply with the conditions of required to provide widespread outreach and $300,000 or more of federal funds are this Agreement or the applicable regulations; public notification in promoting any type of expended in a one year period. If federal D. As a condition of the Agreement, the training or services that are available through funds expended during a one-year period are Grantee certifies that it is in compliance with grant funds; less than $300,000 and there is an and will comply in the course of the I. The Grantee must collect and maintain outstanding loan balance of $300,000 or Agreement with all applicable laws, data on recipients by race, sex, and national more, an audit in accordance with generally regulations, Executive Orders, and other origin. The grantee must ensure that their accepted government auditing standards is generally applicable requirements, including recipients also collect and maintain data on required. If federal funds expended during a those contained in 7 CFR 3015.205(b), which beneficiaries by race, sex, and national origin one year period are less than $300,000 and are incorporated into this agreement by as required by title VI of the Civil Rights Act there is an outstanding loan balance of less reference, and such other statutory of 1964 and must be provided to the Agency than $300,000, a management report may be provisions as are specifically contained for compliance review purposes; submitted on Forms RD 442–2, ‘‘Statement of herein. The Grantee will comply with title VI J. Upon any default under its Budget, Income and Equity’’ and 442–3, of the Civil Rights Act of 1964, section 504 representations or agreements contained in ‘‘Balance Sheet’’; of the Rehabilitation Act of 1973, and this instrument, Grantee, at the option and N. Agree to account for and to return to Executive Order 12250; demand of Grantor, will immediately repay Grantor interest earned on grant funds E. The Grantee will ensure that the to Grantor the Grant Funds with any legally pending their disbursement for program recipients comply with title VI of the Civil permitted interest from the date of the purposes when the Grantee is a unit of local Rights Act of 1964, section 504 of the default. Default by the Grantee will constitute government. States and agencies or Rehabilitation Act of 1973 and Executive termination of the grant thereby causing instrumentalities of a State are not held Order 12250. Each recipient must sign Form cancellation of Federal assistance under the accountable for interest earned on grant RD 400–1, ‘‘Equal Opportunity Agreement’’ grant. The provisions of this Agreement may funds pending their disbursement; and Form RD 400–4, ‘‘Assurance be enforced by Grantor, at its option and O. Not encumber, transfer or dispose of the Agreement’’; without regard to prior waivers of this equipment or any part thereof, acquired F. The provisions of 7 CFR part 3015, Agreement or by such other proceedings in wholly or in part with Grantor funds without ‘‘Uniform Federal Assistance Regulations,’’ law or equity, in either Federal or State the written consent of the Grantor; and part 3016, ‘‘Uniform Administrative courts as may be deemed necessary by P. Not duplicate other program purposes Requirements for Grants and Cooperative Grantor to assure compliance with the for which monies have been received, are Agreements to State and Local provisions of this Agreement and the laws committed, or are applied to from other Governments,’’ or part 3019, ‘‘Uniform and regulations under which this grant is sources (public or private). Administrative Requirements for Grants and made; Grantor agrees that It: Agreements with Institutions of Higher K. Provide Financial Management Systems A. Will make available to Grantee for the Education, Hospitals, and Other Nonprofit which will include: purpose of this Agreement funds in an Organizations,’’ are incorporated herein and 1. Accurate, current, and complete amount not to exceed the Grant Funds. The made a part hereof by reference; and disclosure of the financial results of each funds will be advanced to Grantee on a pro G. This Agreement may be terminated for grant. Financial reporting will be on an rata basis with the Grantee’s matching funds; cause in the event of default on the part of accrual basis; and the Grantee or for convenience of the Grantor 2. Records that identify adequately the B. At its sole discretion and at any time and Grantee prior to the date of completion source and application of funds for grant- may give any consent, deferment, of the grant purpose. Termination for supported activities. Those records shall subordination, release, satisfaction, or convenience will occur when both the contain information pertaining to grant termination of any or all of Grantee’s grant Grantee and Grantor agree that the awards and authorizations, obligations, obligations, with or without valuable continuation of the program will not produce

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14532 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices beneficial results commensurate with the The major factors considered for this substantial number of small entities. further expenditure of funds. certification were: The major factors considered for this IN WITNESS WHEREOF, Grantee has this 1. The action will not result in any certification were: day authorized and caused this Agreement to additional reporting, recordkeeping or 1. The action will not result in any be executed by lllllllllllllllllllll other compliance requirements for small additional reporting, recordkeeping or llllllllllllllllll entities other than the small other compliance requirements for small Attest organizations that will furnish the lllllllllllllllllll entities. By commodities and services to the 2. The action will result in (Grantee) Government. lllllllllllllllll authorizing small entities to furnish the (Title) 2. The action will result in commodities to the Government. United States of America, Rural Housing authorizing small entities to furnish the 3. There are no known regulatory Service. lllllllllllllllllll commodities and services to the alternatives which would accomplish By Government. (Grantor) (Name) (Title) the objectives of the Javits-Wagner- 3. There are no known regulatory O’Day Act (41 U.S.C. 46–48c) in [FR Doc. 00–6673 Filed 3–16–00; 8:45 am] alternatives which would accomplish connection with the commodities BILLING CODE 3410±XV±P the objectives of the Javits-Wagner- proposed for deletion from the O’Day Act (41 U.S.C. 46–48c) in Procurement List. connection with the commodities and The following commodities have been COMMITTEE FOR PURCHASE FROM services proposed for addition to the proposed for deletion from the PEOPLE WHO ARE BLIND OR Procurement List. Comments on this Procurement List: certification are invited. Commenters SEVERELY DISABLED Transparency Film, Xerographic should identify the statement(s) 7530–01–386–2371 Procurement List; Proposed Additions underlying the certification on which Tea Mix, Instant and Deletions they are providing additional 8955–00–823–7016 information. AGENCY: Committee for Purchase From The following commodities and Leon A. Wilson, Jr., People Who Are Blind or Severely services have been proposed for Executive Director. Disabled. addition to Procurement List for [FR Doc. 00–6668 Filed 3–16–00; 8:45 am] ACTION: Proposed additions to and production by the nonprofit agencies BILLING CODE 6353±01±U deletions from Procurement List. listed: SUMMARY: The Committee has received Commodities COMMITTEE FOR PURCHASE FROM proposals to add to the Procurement List Bag, T-Shirt Style & Bag, Produce, Star PEOPLE WHO ARE BLIND OR commodities and services to be Bottom SEVERELY DISABLED furnished by nonprofit agencies 8105–00–NIB–1023 (Bag, T-Shirt employing persons who are blind or Style) Procurement List, Additions and have other severe disabilities, and to 8105–00–NIB–1046 (Bag, Produce, Deletions delete commodities previously Star Bottom) (Requirements for furnished by such agencies. DeCA Northeast Region) AGENCY: Committee for Purchase From COMMENTS MUST BE RECEIVED ON OR NPA: Envision, Inc., Wichita, Kansas People Who Are Blind or Severely BEFORE: April 17, 2000. Disabled. Services ADDRESSES: Committee for Purchase ACTION: Additions to and deletions from From People Who Are Blind or Severely Base Supply Center, Patrick Air Force the Procurement List Disabled, Crystal Gateway 3, Suite 310, Base, Florida SUMMARY: This action adds to the 1215 Jefferson Davis Highway, NPA: Signature Works, Inc., Procurement List a commodity and Arlington, Virginia 22202–4302. Hazlehurst, Mississippi Base Supply Center & HAZMART, services to be furnished by nonprofit FOR FURTHER INFORMATION CONTACT: Marine Corps Air Ground Combat agencies employing persons who are Louis R. Bartalot (703) 603–7740. Center, Building 1102, TwentyNine blind or have other severe disabilities, SUPPLEMENTARY INFORMATION: This Palms, California and deletes from the Procurement List notice is published pursuant to 41 NPA: L.C. Industries For The Blind, commodities and services previously U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its Inc., Durham, North Carolina furnished by such agencies. purpose is to provide interested persons Janitorial/Grounds Maintenance, EFFECTIVE DATE: April 17, 2000. an opportunity to submit comments on Federal Courthouse, Pocatello, ADDRESSES: Committee for Purchase the possible impact of the proposed Idaho From People Who Are Blind or Severely actions. NPA: New Day Products, Inc., Disabled, Crystal Gateway 3, Suite 310, Additions Pocatello, Idaho 1215 Jefferson Davis Highway, Parking Facility Attendant, Department Arlington, Virginia 22202–4302. If the Committee approves the of Veterans Affairs Medical Center, proposed addition, all entities of the John D. Dingell VA Medical Center, FOR FURTHER INFORMATION CONTACT: Federal Government (except as 4646 John R Street, Detroit, Louis R. Bartalot (703) 603–7740. otherwise indicated) will be required to Michigan SUPPLEMENTARY INFORMATION: On procure the commodities and services NPA: Jewish Vocational Service and October 8, and 22, November 29, and listed below from nonprofit agencies Community Workshop, Inc., December 27, 1999 and January 3 and employing persons who are blind or Southfield, Michigan February 4, 2000, the Committee for have other severe disabilities. Purchase From People Who Are Blind I certify that the following action will Deletions or Severely Disabled published notices not have a significant impact on a I certify that the following action will (64 FR 54862, 57031, 66611, 72312, and substantial number of small entities. not have a significant impact on a 65 FR 115, 5492 and 5493) of proposed

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14533 additions to and deletions from the date of this addition or options that may the following locations in Alameda, Procurement List: be exercised under those contracts. California: DRMO Buildings 4 & 5 (Floor 1), Defense Subsistence Region Pacific, Additions Deletions Warehouse 1, Building 6 (Floors 1 & 2), After consideration of the material I certify that the following action will Building 7, Naval Regional Contracting Center, Building 6 (Floor 2) presented to it concerning capability of not have a significant impact on a qualified nonprofit agencies to provide the Janitorial/Custodial, Naval Air Reserve, commodity and services and impact of the substantial number of small entities. Moffett Field, California additions on the current or most recent The major factors considered for this Janitorial/Grounds Maintenance, U.S. Federal contractors, the Committee has determined certification were: Building, 823 Marin Street, Vallejo, that the commodity and services listed below 1. The action may not result in any California are suitable for procurement by the Federal additional reporting, recordkeeping or Painting Service, McClellan Air Force Base, Government under 41 U.S.C. 46–48c and 41 other compliance requirements for small California CFR 51–2.4. entities. Vehicle Maintenance, McClellan Air Force I certify that the following action will not 2. The action will not have a severe Base, California have a significant impact on a substantial number of small entities. The major factors economic impact on future contractors Leon A. Wilson, Jr., considered for this certification were: for the commodities and services. Executive Director. 1. The action will not result in any 3. The action may result in [FR Doc. 00–6669 Filed 3–16–00; 8:45 am] additional reporting, recordkeeping or other authorizing small entities to furnish the BILLING CODE 6353±01±U compliance requirements for small entities commodities and services to the other than the small organizations that will Government. furnish the commodity and services to the 4. There are no known regulatory DEPARTMENT OF COMMERCE Government. alternatives which would accomplish 2. The action will not have a severe economic impact on current contractors for the objectives of the Javits-Wagner- Submission for OMB Review; the commodity and services. O’Day Act (41 U.S.C. 46–48c) in Comment Request 3. The action will result in authorizing connection with the commodities and small entities to furnish the commodity and services deleted from the Procurement DOC has submitted to the Office of services to the Government. List. Management and Budget (OMB) for 4. There are no known regulatory After consideration of the relevant clearance the following proposal for alternatives which would accomplish the matter presented, the Committee has collection of information under the objectives of the Javits-Wagner-O’Day Act (41 determined that the commodities and provisions of the Paperwork Reduction U.S.C. 46–48c) in connection with the Act (44 U.S.C. chapter 35). commodity and services proposed for services listed below are no longer suitable for procurement by the Federal Agency: U.S. Census Bureau. addition to the Procurement List. Title: Questionnaire for Building Accordingly, the following commodity and Government under 41 U.S.C. 46–48c services are hereby added to the Procurement and 41 CFR 51–2.4. Permit Officials. List: Accordingly, the following Form Number(s): SOC–QBPO. Agency Approval Number: 0607– Commodity commodities and services are hereby deleted from the Procurement List: 0125. Bag, Waste Receptacle Type of Request: Extension of a 8105–01–284–2924 Commodities currently approved collection. Services Amplifier Subassembly Burden: 225. 5831–00–087–3408 Number of Respondents: 900. Base Supply Center, Camp Shelby, Specimen Kit, Urine Avg Hours Per Response: 15 minutes. Mississippi, Mississippi Air National 6530–00–075–6636 Guard at the following locations: Needs and Uses: The Census Bureau Aerosol Paint, Lacquer Jackson, Mississippi, Meridian, uses the SOC–QBPO to collect 8010–00–721–9483 Mississippi, Gulfport, Mississippi information from state and local Enamel, Lacquer Commissary Shelf Stocking, Custodial and building permit officials, such as (1) the 8010–00–616–9144 Warehousing, Fort Hamilton types of permits they issue, (2) the 8010–00–852–9034 Commissary, Brooklyn, New York 8010–00–878–5761 length of time a permit is valid, (3) how Food Service Attendant, Air National Guard they store the permits, and (4) the Base, 50 Sabre Street, Battle Creek, 8010–00–782–9356 8010–00–764–8434 geographic coverage of the permit Michigan system. Census Bureau field Grounds Maintenance, U.S. Army Reserve Enamel, Aerosol, Waterbase Center, Worcester, Massachusetts 8010–01–363–1632 representatives visit selected permit- Janitorial/Custodial, 126th Air Refueling Services issuing places and conduct the survey Wing, Scott Air Force Base, Illinois using Computer-Assisted Personal Commissary Shelf Stocking, Naval Training Janitorial/Custodial, U.S. Army Reserve Interviewing (CAPI) technology and a Center, San Diego, California Center, OMS, Kittaning, Kittanning, Commissary Shelf Stocking and Custodial, lap top computer. We need this Pennsylvania Oakland Army Base, Oakland, California information to carry out the sampling Operation of Individual Equipment Element Food Service, McClellan Air Force Base, for the Survey of Housing Starts, Sales Store and HAZMART, Travis Air Force and Completions (OMB number 0607– Base, California California Operation of Individual Equipment Element Grounds Maintenance, Oakland Fleet 0110), also known as the Survey of Store and HAZMART, Dover Air Force Industrial Supply Center, Oakland, Construction (SOC). The SOC provides Base, Delaware California widely used measures of construction Operation of Individual Equipment Element Grounds Maintenance activity, including the economic Store and HAZMART, Fairchild Air Naval Station, Treasure Island, California indicators Housing Starts, Housing Force Base, Washington Grounds Maintenance, Mare Island Naval Complex and Roosevelt Terrace, (Except Completions, and New Housing Sales. Telephone Switchboard Operations, Dyess We plan no changes to the Air Force Base, Texas the Combat Systems Technical School Command), Mare Island Naval Shipyard, information collection methodology. We This action does not affect current Vallejo, California have increased the number of contracts awarded prior to the effective Janitorial/Custodial, Naval Supply Center for respondents from 835 to 900 due to

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14534 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices local changes in municipal laws. The August 1, 1998 through July 31, 1999. confirming that neither it nor any of its land area covered by the survey has not The Department of Commerce has now affiliated producers made sales of the increased, but when a municipality rescinded this review with respect to subject merchandise to the United begins issuing its own permits Kawasaki as a result of the absence of States during the POR. Also, Kawasaki independently from the jurisdiction that Kawasaki’s shipments and entries into stated that none of its subject previously covered their permits the United States of subject merchandise sold to third countries (usually a county government), that new merchandise during the period of during the POR was shipped to the municipality becomes part of the review. In addition, it has rescinded the United States. Finally, Kawasaki stated survey. review with respect to Nippon at the that, to the best of its knowledge, none Affected Public: Businesses or other request of petitioners, the only party of its third-party sales of the subject for-profit organizations. that requested the review. merchandise or the third-party sales of Frequency: Annually. EFFECTIVE DATE: March 17, 2000. the subject merchandise made by Respondent’s Obligation: Voluntary. affiliated producers, was ultimately FOR FURTHER INFORMATION CONTACT: Legal Authority: Title 13 USC, Section destined for the United States. Doreen Chen, Brandon Farlander, or 182. Additionally, we have reviewed U.S. Rick Johnson, Office 9, AD/CVD OMB Desk Officer: Susan Schechter, Customs data, which confirms that there Enforcement Group III, Import (202) 395–5103. were no entries during the POR of Administration, International Trade Copies of the above information merchandise produced or exported by Administration, U.S. Department of collection proposal can be obtained by Kawasaki. Finally, on February 10, calling or writing Linda Engelmeier, Commerce, 14th Street and Constitution 2000, we contacted petitioner and asked DOC Forms Clearance Officer, (202) Avenue, N.W., Washington, D.C. 20230; if petitioner was aware of any shipments 482–3272, Department of Commerce, telephone: (202) 482–0408, (202) 482– made by Kawasaki during the POR. On room 5027, 14th and Constitution 0182 or (202) 482–3818, respectively. February 23, 2000, petitioner confirmed Avenue, NW, Washington, DC 20230 (or SUPPLEMENTARY INFORMATION: that it had no information on via the Internet at [email protected]). Applicable Statute and Regulations Kawasaki’s shipments to the United Written comments and States during the POR. Therefore, we recommendations for the proposed Unless otherwise indicated, all have determined that Kawasaki made no information collection should be sent citations to the Tariff Act of 1930, as entries of subject merchandise into the within 30 days of publication of this amended, are to the provisions effective customs territory of the United States notice to Susan Schechter, OMB Desk January 1, 1995, the effective date of the during the POR. Officer, room 10201, New Executive amendments made to the Tariff Act by Pursuant to 19 CFR 351.213(d)(3), the Office Building, Washington, DC 20503. the Uruguay Round Agreements Act Department may rescind an Dated: March 13, 2000. (URAA). In addition, unless otherwise administrative review, in whole or only Madeleine Clayton, indicated, all citations to the with respect to a particular exporter or Department of Commerce’s (the Management Analyst, Office of the Chief producer, if the Secretary concludes Information Officer. Department’s) regulations are to the that, during the period covered by the regulations codified at 19 CFR Part 351 [FR Doc. 00–6611 Filed 3–16–00; 8:45 am] review, there were no entries, exports, (1999). or sales of the subject merchandise. In BILLING CODE 3510±07±P Background light of the fact that we determined that Kawasaki had no entries of the subject The Department published in the DEPARTMENT OF COMMERCE merchandise into the territory of the Federal Register on August 11, 1999 (64 United States during the POR, we are International Trade Administration FR 43649) a ‘‘Notice of Opportunity to rescinding this review for Kawasaki. Request Administrative Review’’ of the The rate for Kawasaki will remain as [A±588±824] antidumping duty order on Certain that established in the most recently Corrosion-Resistant Carbon Steel Flat Certain Corrosion-Resistant Carbon completed segment of this proceeding Products from Japan. On August 31, Steel Flat Products From Japan: with respect to Kawasaki. 1999, petitioners requested that the Rescission of Antidumping Duty Department conduct an administrative Nippon Administrative Review review of this order with respect to On November 2, 1999, Nippon AGENCY: Import Administration, Nippon and Kawasaki. submitted section A of its questionnaire International Trade Administration, On October 1, 1999, the Department response. On December 10, 1999, it Department of Commerce. initiated an administrative review for submitted sections B through D, and on ACTION: Notice of rescission of the period August 1, 1998—July 31, December 27, it filed its response to antidumping duty administrative 1999 (64 FR 53318). On October 4, 1999, question III.B of the Department’s review. the Department issued questionnaires to section D questionnaire. Nippon and Kawasaki. On December 30, 1999, petitioners SUMMARY: On October 1, 1999, the requested that the Department rescind Department of Commerce published in Kawasaki the review with respect to Nippon. the Federal Register (64 FR 53318) a On October 25, 1999, Kawasaki Petitioners were the only party notice announcing the initiation of an reported that it made no sales of the requesting the review and their request administrative review of the subject merchandise during the POR. for withdrawal was made within 90 antidumping duty order on Certain On January 4, 2000, we issued a days of the date of publication of the Corrosion-Resistant Carbon Steel Flat supplemental questionnaire to Kawasaki notice of initiation in accordance with Products from Japan for two producers/ requesting that it answer additional section 351.213(d)(1) of the exporters, Nippon Steel Corporation questions concerning its statement that Department’s regulations. The (‘‘Nippon’’) and Kawasaki Steel it did not have any sales to the United Department is therefore rescinding the Corporation (‘‘Kawasaki’’), covering the States during the POR. On January 11, review with respect to Nippon in period of review (‘‘POR’’), which is 2000, Kawasaki submitted a response accordance with that regulation.

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This notice is issued and published in Extension of Time Limit for Preliminary • Challenge the private sector to think accordance with 19 CFR 351.213(d)(4). Results of Review strategically about foreign markets; • Dated: March 3, 2000. We determine that it is not practicable Be the catalyst that spurs private- sector innovation and investment in Joseph A. Spetrini, to complete the preliminary results of this review within the original time export marketing; and Deputy Assistant Secretary, AD/CVD • Increase the number of American limit. Therefore the Department is Enforcement Group III. companies, particularly SMEs, taking extending the time limit for completion [FR Doc. 00–6689 Filed 3–16–00; 8:45 am] decisive export actions. BILLING CODE 3510±DS±P of the preliminary results until no later Partnerships enable the Federal than August 30, 2000. See Decision Government to pool expertise and funds Memorandum from Richard Weible to with non-Federal sources so that each DEPARTMENT OF COMMERCE Joseph A. Spetrini, dated March 9, 2000, maximizes its market development which is on file in the Central Records resources. They can also sharpen the International Trade Administration Unit, Room B–099 of the main focus on long-term export market Commerce building. We intend to issue (A±475±811) development better than traditional the final results no later than 120 days trade promotion activities. These after the publication of the preliminary Grain-Oriented Electrical Steel From partnerships are also a mechanism for results notice. Italy: Extension of Time Limit for improving government-industry This extension is in accordance with relations. Preliminary Results of Antidumping section 751(a)(3)(A) of the Act. Duty Administrative Review While the Department sponsors, Dated: March 9, 2000. guides and partially funds MDCP AGENCY: Import Administration, Joseph A. Spetrini, projects, it expects applicants to International Trade Administration, Deputy Assistant Secretary, AD/CVD develop, initiate and provide matching Department of Commerce Enforcement Group III. funding to carry out market EFFECTIVE DATE: March 17, 2000. [FR Doc. 00–6690 Filed 3–16–00; 8:45 am] development project activities. As an active partner, the Department will, as FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510±DS±P Samantha Denenberg at (202) 482–1386, appropriate, provide assistance that the applicant identifies as essential to the Import Administration, International achievement of project goals and Trade Administration, U.S. Department DEPARTMENT OF COMMERCE objectives. of Commerce, 14th Street and International Trade Administration Examples of activities that might be Constitution Ave, NW, Washington, DC [Docket No. 970424097±0068±05] included in an applicant’s project 20230. proposal are described below under ‘‘I. Time Limits RIN 0625±ZA05 Program Description’’. The Department encourages applicants to propose Statutory Time Limits Market Development Cooperator activities that (1) would be most Section 751(a)(3)(A) of the Tariff Act Program appropriate to the market development of 1930, as amended (the Act), requires AGENCY: International Trade needs of their industry or industries; the Department to make a preliminary Administration (ITA), Commerce. and (2) display the imagination and determination within 245 days after the ACTION: Notice. innovation of the applicants working in last day of the anniversary month of an partnership with the government to order/finding for which a review is SUMMARY: The ITA of the U.S. obtain the maximum market requested and a final determination Department of Commerce (the development impact. within 120 days after the date on which Department) requests that eligible DATES: Public Meeting: The Department the preliminary determination is organizations submit proposals will hold a public meeting to discuss published. However, if it is not (applications) for the fiscal year (FY) MDCP proposal preparation, practicable to complete the review 2000 Market Development Cooperator procedures, and selection process on within these time periods, section Program (MDCP) competition. The ITA Monday, April 3, 2000. The meeting 751(a)(3)(A) of the Act allows the promotes U.S. exports and works to will begin at 1:30 p.m. in Room 3407, Department to extend the time limit for improve the global competitiveness of at the Herbert Clark Hoover Building, the preliminary determination to a the United States, creating jobs for 14th and Constitution Avenue, N.W., maximum of 365 days. The time limit Americans. The Department administers Washington, D.C. No discussion of for the final determination may be the MDCP to build public/private export specific proposals will occur at this extended to 180 days (or 300 days if the marketing partnerships. The MDCP is a meeting. Attendance at this public Department does not extend the time competitive matching grants program meeting by potential applicants is not limit for the preliminary determination) that provides Federal assistance to required. from the date of publication of the export multipliers such as state trade Applications: Complete applications preliminary determination. departments, trade associations, must be received no later than 5:00 p.m. chambers of commerce, world trade Eastern Daylight Time, May 16, 2000. Background centers and other non-profit industry Late applications will not be accepted. On October 1, 1999, the Department organizations that are particularly They will be returned to the sender. published a notice of initiation of effective in reaching small-and medium- As set forth under III.B.2. Number of administrative review of the size enterprises (SMEs). Copies, ITA is requesting one original antidumping duty order on Grain- MDCP awards help to underwrite the application, plus six (6) copies. Oriented Electrical Steel from Italy, start-up costs of new export promotion Applicants for whom this is a financial covering the period August 1, 1998 ventures which these groups are often hardship should submit an original and through July 31, 1999 (64 FR 53318). reluctant to undertake without Federal two copies. Send the application to the The preliminary results are currently Government support. The MDCP aims address listed below under FOR FURTHER due no later than May 2, 2000. to: INFORMATION CONTACT.

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FOR FURTHER INFORMATION CONTACT: Mr. nonagricultural goods and service question, if no comparable one exists; Brad Hess, Manager, Market means goods and services other than and Development Cooperator Program, agricultural products as defined in 7 12. Establishing an electronic Trade Development, ITA, U.S. U.S.C. 451.3 business information system to identify Department of Commerce, 14th Street overseas trade leads and facilitate A. Examples of Successful Proposals and Constitution Avenue, N.W., Room matches with foreign partners for U.S. 3215, Washington, D.C. 20230, (202) Applicants should propose activities businesses. that would be most appropriate to the 482–2969. The e-mail address is B. Funding [email protected]. The fax market development needs of the number is (202) 482–4462. relevant U.S. industry. Examples of 1. Type of Funding Instrument: Since Information Online: Information on activities which applicants from prior the Department will be substantially the Internet is available at http:// years have found appropriate are set involved in the implementation of each www.ita.doc.gov/mdcp. forth below. These are provided only for project for which an award is made, the Application Kit: A kit with all forms illustration. Applicants are not required funding instrument for this program necessary to participate in the MDCP to propose any of these activities. will be a cooperative agreement. application process is available at the 1. Commissioning overseas market 2. Funding Availability: For FY 2000, Internet address identified above. This research, participating in overseas trade the total funds expected to be available application kit also may be obtained via exhibitions and trade missions to for this program are $2.0 million. The first-class mail by sending a legible promote U.S. exports, and/or hosting Department expects to conclude a mailing address to the ‘‘Contact’’ reverse trade missions; minimum of five (5) cooperative address listed above. The address as 2. Developing a website to connect agreements with eligible entities for this received will serve as the label for international customers to U.S. competition. No award will exceed mailing a reply. telecommunications and Internet $400,000, regardless of the duration of Pre-Application Counseling: companies through a ‘‘virtual trade the cooperative agreement. Applicants with questions should show.’’ 3. Matching Requirements: To receive contact the Department as soon as 3. Conducting U.S. product MDCP funding, the applicant must possible, while continuing to prepare demonstrations abroad; contribute at least two dollars for each their proposals. The Department will 4. Conducting export seminars in the Federal dollar provided. So, for each not extend the deadline for submitting United States or market penetration Federal dollar of MDCP funding, the applications. seminars in the market(s) to be applicant must make at least one dollar The Department regularly provides developed; of new cash outlays expressly for the information and responds to technical 5. Establishing technical trade project. The balance of the applicant’s and procedural questions from entities servicing that helps overseas buyers support may consist of in-kind 4 which apply or may potentially apply choose the right U.S. goods or services contributions (goods and services). a. Minimum Match: An example of for FY 2000 MDCP awards. Once the and to use the goods or services the minimum match is set forth below. annual announcement of an awards efficiently; An applicant requesting $200,000 of competition appears in the Federal 6. Conducting joint promotions of Federal funds must supply, at a Register, however, the Department may U.S. goods or services with foreign minimum, $200,000 of new cash outlays not provide such entities with guidance partners; expressly for the project. As illustrated regarding the merits of their 7. Opening an overseas office to below, the remaining $200,000 of the applications or potential applications. perform development services for required match, can be made up of SUPPLEMENTARY INFORMATION: Authority: companies who agree to participate. Such an office should not duplicate the additional new cash outlays or in-kind The Omnibus Trade and contributions. Competitiveness Act of 1988, Pub. L. programs or services of the U.S. and No. 100–418, Title II, sec. 2303, 102 Foreign Commercial Service (US&FCS) Federal Applicant Stat. 1342, 15 U.S.C. 4723.1 post(s) in the region, but could include Item share match Catalog of Federal Domestic co-location with a US&FCS Commercial Assistance (CFDA): No. 11.112, Market Center; Cash ...... 200,000 200,000 Development Cooperator Program. 8. Detailing a private-sector Cash or In-kind ...... 200,000 representative to a US&FCS post in Total ...... 200,000 400,000 I. Program Description accordance with 15 U.S.C. 4723(c); 9. Training foreign nationals to The goal of the MDCP as set out in This example would establish a cost- perform after-sales service or to act as authorizing legislation is to develop, share ratio of two-to-one, two applicant maintain, and expand foreign markets distributors for U.S. goods or services; dollars for each dollar of Federal funds. for nonagricultural goods and services 10. Improving market access for U.S. The applicant assumes 2⁄3 of the total 2 goods or services by working with produced in the United States. For cost. In other words, 67 percent of the purposes of this program, organizations in the foreign marketplace funding is provided by the applicant responsible for setting standards and and 33 percent by the Federal 1 Unless otherwise noted, all legal authorities product testing; cited in this notice may be accessed via the Internet Government. This means that in order to 11. Publishing an export resource receive one dollar of Federal funds, the at http://www.access.gpo.gov/ or at http:// guide or an export product directory for wwwsecure.law.cornell.edu/federal/. applicant must incur at least three the U.S. industry or industries in 2 ’Produced in the United States’’ means having dollars in project expenditures. substantial inputs of materials and labor originating b. Additional Match: Applicants may in the United States, such inputs constituting at 3 This definition includes ‘‘agricultural, least 50 percent of the value of the good or service horticultural, viticultural, and dairy products, propose projects for which the matching to be exported. The intended beneficiaries of the livestock and the products thereof, the products of program are U.S. producers of non-agricultural poultry and bee raising, the edible products of 4 Recipient cash contributions are defined in 15 goods or services that seek to export such goods or forestry, and any and all products raised or CFR Part 14, Sec. 14.2(g) as the award ‘‘recipient’s services. See ‘‘Trade Mission Application Form’’ produced on farms and processed manufactured cash outlay, including the outlay of money ITA Form 4008P–1 (Rev. 8/97). products thereof...’’ contributed to the recipient by third parties.’’

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To fulfill its part of the partnership, ITA will provide, where Cash ...... 200,000 200,000 possible, its resources to support project Cash or In-kind ...... 400,000 Total ...... 200,000 400,000 activities included in annual operating Total ...... 200,000 600,000 The Department will determine plans. (See I.C.3. Annual Operating Plan allowable costs on the basis of the below.) However, ITA’s ability to This example would establish a cost- applicable cost principles and provide assistance free of charge is share ratio of three-to-one, three definitions in OMB Circulars A–21, A– limited. For some services such as applicant dollars for each dollar of 87, and A–122; in 45 CFR Part 74, market research studies and Gold Key 5 Federal funds. The applicant assumes 3⁄4 Appendix E; and in 48 CFR Part 31. services, ITA is required to charge fees of the total cost. In other words, 75 7. Indirect Cost Rate: The Department that recover costs. Applicants requiring percent of the funding is provided by funds cannot be used to pay indirect ITA services that could involve charges the recipient and 25 percent by the costs. The total dollar amount of the should make provision in their budgets Federal Government. This means that in indirect costs proposed in an for such charges. order to receive one dollar of Federal application under this program (using Information relating to charges for funds, the applicant must incur at least recipient funds) must not exceed the services provided in specific overseas four dollars in project expenditures. amount calculated using the indirect markets can be obtained by contacting 4. In-Kind Contributions: In the cost rate and negotiated and approved the Senior Commercial Officer (SCO) at proposed budget, all in-kind by a cognizant Federal agency prior to each overseas post. Information relating contributions used to meet the the proposed effective date of the award to charges for services provided by applicant’s share of costs are listed in a or 100 percent of the total proposed Export Assistance Centers (EACs) direct costs dollar amount in the throughout the United States can be separate column from cash 6 contributions. Applicants must describe application, whichever is less. obtained by contacting the relevant EAC 8. Fee Income: Applicants may charge these in-kind contributions separately in director. The names of SCOs and EAC companies in the industry or other the application and in sufficient detail directors, and often the specific fees, industry organizations reasonable fees to determine that the requirements of 15 can be found on the Internet via to take part in or avail themselves of CFR Part 14.23(a), and 15 CFR Part http://www.usatrade.gov. services provided as part of applicants’ 24.24 (a) and (b) are met. C. Administration of Award Activity projects. Applicants should describe in 5. Third Party Contributions: In order detail any plans to charge fees. Fees 1. Project Team: To administer each for an award recipient to outlay cash generated under the award are program cooperative agreement, a project team is contributed by a third party, the third income and must be used for project- established including key personnel party must transfer the funds to the related purposes during the award from the award-winning organization recipient. Otherwise, expenditures for period. and officials from the Department who goods and services contributed by a 9. Approved Pre-Award-Period can help the award winner achieve third party are considered to be in-kind Expenditure: As a general matter, award MDCP project objectives. If contributions. recipients can request reimbursements representatives from other Federal 6. Indirect Costs: Federal funds may only for costs incurred during the award agencies can make a meaningful be used for a portion of the direct costs period. However, if proposed in the contribution to the achievement of of each project, but not for indirect application, award recipients can project objectives, they are invited to costs. Generally, direct costs result from expend funds to attend an award- participate on the project team. activity specifically associated with an recipient orientation meeting even if it Each project team acts as a ‘‘board of award, and usually include expenses precedes the beginning of the award directors’’ establishing direction for the such as personnel, fringe benefits, period. This orientation is usually held project, recommending changes in the travel, equipment, supplies and in Washington soon after the awards are direction of the project, when necessary, contractual obligations relating directly announced. It is usually the first and determining the mode of project to program activity. By contrast, indirect opportunity for award recipients to meet operations and other management costs are generally those costs that are members of the Department’s team. This processes, coupled with close incurred regardless of whether there is allowable expenditure of funds prior to monitoring or operational involvement activity associated with an award. the beginning of the award period is during the performance of project Federal funds may be used only to limited to reimbursable expenses activities. cover direct costs. The applicant must 2. Award Period: Funds may be incur and pay direct costs that equal or 5 Access OMB circulars and forms at http:// expended over the period of time exceed the amount of Federal funds. www.whitehouse.gov/omb/grants/index.html. required to complete the scope of work, However, any portion of the balance of Appendix E referred to on this OMB site is not but not to exceed three years from the applicant’s match may be used to cover listed separately. It is found at the end of 45 CFR start date of the award. 74.91, which may be accessed directly at http:// indirect costs. For example, an www.access.gpo.gov/nara/cfr/waisidx 99/45cfr74 3. Annual Operating Plan: At the applicant which requests $200,000 of 99.html. beginning of each year of the award Federal funds, must structure its match 6 Information on calculating an indirect cost rate period, the project team negotiates an to include at least $200,000 of direct is available at http://www2.dol.gov/dol/oasam/ annual operating plan, which is based costs. The balance of the match, in this public/programs/guide.htm. Additional information on indirect cost rates is available at http:// on the work plan submitted in the case $200,000, may be comprised www.ntia.doc.gov/otiahome/tiiap/Application/ application. The work plan sets forth a entirely or partially of indirect 97GUIDE.HTM. timetable for specific activities. In

VerDate 132000 18:07 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14538 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices addition to this timetable, the annual Expansion of the scope of an existing instructions on getting the Application operating plan includes team project also may qualify for funding Kit. responsibilities for accomplishing each consideration. Eligible organizations 1. Executive Summary: The first activity, and the budgeted cost of each that have previously received an MDCP element of the application is a one-page activity. Annual operating plans are not award may propose a new project or summary of the proposal. part of the application. They are expansion of an existing project. See 2. Background Research: Developing a developed only after receipt of an award IV.A.4. Creativity and Capacity below. project plan requires solid background and designation of an ITA project team. research. Applications should reflect the C. Determination of Eligibility findings of the applicant’s study of the II. Eligibility 1. Request for Determination: following: A. Definition of Eligible Entity Prospective applicants can resolve a. The market potential of the U.S. good(s) or service(s) to be promoted in U.S. trade associations, non-profit questions regarding eligibility by requesting an eligibility determination. a particular market(s); industry organizations, state trade b. The competition from host-country departments and their regional Requests should be made in writing accompanied by basic organizational and third-country suppliers; and associations including centers for c. The economic situation and documents (e.g., charters, articles of international trade development, and prospects that bear upon the ability of incorporation) and information on types private industry firms or groups of firms a country to import the U.S. good(s) or of members, membership fees, ties to in cases where no entity described service(s). above represents that industry, are state trade departments or their regional Applicants should present an eligible to apply for an MDCP associations, organization’s purpose, assessment of industry resources that cooperative agreement. and activities, and non-profit status can be brought to bear on developing a 1. Trade Association: For the purpose under Internal Revenue Code market; the industry’s ability to meet of this program, a ‘‘trade association’’ is provisions. Prospective applicants potential market demand expeditiously; defined as a fee-based organization should submit eligibility determination and the industry’s after-sales service consisting of member firms in the same requests as soon as possible if they wish capability in a particular foreign industry, or in related industries, or to have determinations prior to the market(s). which share common commercial application submission deadline. This 3. Project Description: After concerns. The purpose of the trade deadline will not be extended, and describing their completed basic association is to further the commercial applicants should continue to work on research, applicants should develop interests of its members through the proposals while awaiting the marketing plans that set forth the overall exchange of information, legislative Department’s eligibility determination. objectives of the projects and the activities, and the like. 2. Joint Ventures: Entities may join specific activities applicants will 2. Non-Profit Industry Organization: together to submit an application as a undertake as part of these projects. For the purpose of this program, a ‘‘non- joint venture and to share costs. For a. Work Plan: The project description profit industry organization’’ is: joint venture applicants, one should include a list of specific a. A small business development organization meeting the above activities planned, including: (1) The center operating under agreement with eligibility criteria must be designated as different phases of the project, the Small Business Administration, or the prospective MDCP award recipient identifying each milestone and activity b. An organization that has been organization for administrative in chronological order; (2) the location granted status as a non-profit purposes. For example, two trade where activities will take place; and (3) organization under Title 26 U.S.C. associations representing different the ways the applicant intends to Section 501(c) (3), (4), (5), or (6) and segments of a single industry or related involve the Department of Commerce operates as one of the following: industries may pool their resources and and/or other Federal agencies as (1) A local, state, regional, or national submit one application. Foreign partners in project activities. chamber of commerce; businesses and private groups also may b. Performance Measures: On August (2) A local, state, regional, or national join with eligible U.S. organizations to 3, 1993, the Government Performance board of trade; and Results Act (GPRA) was enacted (3) A local, state, regional, or national submit applications and to share the into law (Public Law 103–62). GPRA business, export or trade council/ costs of proposed projects. requires each Federal agency to submit interest group; 3. Benefit to All Companies: The (4) A local, state, regional, or national Department will accept applications a strategic plan for program activities to visitors bureau or tourism promotion from eligible entities representing any OMB. Among other things, each group; industry, subsector of an industry or strategic plan must include (5) A local, state, regional, or national related industries. Each applicant must ‘‘performance indicators to be used in economic development group; permit all companies in the industry measuring or assessing the relevant (6) A small business development targeted in its proposal to participate in outputs, service levels and outcomes of center; all activities that are scheduled as part each program activity.’’ While not (7) A world trade center; or of a proposed project whether or not the abandoning outputs (units of products, (8) A port authority. company is a member or constituent of including services, of an activity) as a the eligible organization. measure of achievement, OMB directed B. Eligibility of Previous Award agencies to focus more on outcomes (the Recipients III. Applications resulting effect of the use or application The program aims to increase the sum A. Format of an output) as the primary indicator of of Federal and non-Federal export the success of programs and activities. market development activities by using The basic elements of the application The Department reports results using program funds to encourage new are set forth below. Instructions and the GPRA measures defined for its initiatives. MDCP funds are not required forms are provided in the programs and activities. Many of these intended to replace funds from other Application Kit See the FOR FURTHER measures apply only to the programs sources. INFORMATION CONTACT section for and activities of the Department and

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Finance and Budget: In addition to particular applicability to MDCP (b) Make SMEs aware of the unique Form 424A ‘‘Budget Information—Non- projects: advantages e-commerce presents as a Construction Programs’’, applicants will (1) Outcome Measures. low-cost low-risk tool to overcome SME provide a detailed budget for the project (a) Dollar value of exports resulting reluctance to pursue marketing award period, supporting worksheets from outputs. opportunities in and profit from foreign and explanations, a discussion of (b) Number of new-to-export firms markets; financial systems and projections, a participating in activities. (3) Increase ‘‘hands-on’’ export history of financial programs, financial (c) Number of new-to-market firms education designed for SMEs through: and organizational documents, and any participating in activities. (a) Development of educational tools additional evidence of financial (d) Degree of customer satisfaction such as curricula and media, or; responsibility. (value of outputs determined by (b) Company-specific assistance such 6. Forms: The Application Kit perception of the customer based on as export business plan development, includes the following forms which their expectation of the output versus market research, customs counseling, must be completed and included in an the plan, an agreed-upon specification, competitive position assessment, trade application: Forms SF–424 or other criteria). event preparation, foreign distribution ‘‘Application for Federal Assistance,’’ (2) Output Measures. alliances, and securing financing. SF–424A ‘‘Budget Information—Non- (a) Number of counseling sessions. (4) Provide technical assistance to Construction Programs,’’ SF–424B (b) Number of clients counseled. developing economies to build ‘‘Assurances—Non-Construction (c) Number of reports (publications) Programs,’’ CD–346 ‘‘Applicant for prepared. commercial infrastructure such as regulatory practices; Funding Assistance’’; and Forms SF– (d) Number of copies of reports LLL, CD–346, CD–511, and CD–512, (publications) distributed. (5) Develop non-traditional approaches to creating demand for the which are described below under V.A. (e) Number of trade events. Other Requirements. (f) Number of firms participating in products/services developed from new trade events. U.S. technologies; B. Submission of Applications Applicants should be mindful of these (6) Improve communication with and 1. Number of Pages: The main body performance measures and should use outreach to old and new private-sector of the application is limited to 90 pages. them wherever possible when international trade constituencies and There is no limit on the number of pages estimating projected results in their initiate or enhance public/private export for appendices. The main body of the proposals. Award recipients will be partnerships; application should include the expected to use these measures in their (7) Identify and/or work to eliminate substance of applicant’s proposal as quarterly reports and in their end-of- tariff and non-tariff barriers to market identified in III.A.1. through III.A.5. year assessments of project access for U.S. goods or services, above. Forms and documentation accomplishments. Each applicant including working with organizations in requested in the Application Kit, as well should describe its recording and the foreign marketplace responsible for as any other information applicants reporting system in its proposals. In setting standards and for product wish to submit, must be provided as order to demonstrate the success of their testing; appendices. projects, applicants are encouraged to 4. Credentials: Eligible entities Each page of the main body should be develop and utilize additional desiring to participate in this program numbered. Tabbing and/or numbering performance measures which would must demonstrate the ability to provide of pages included as appendices reasonably gauge the success of the an established, competent, experienced facilitates application review. project. Each recipient of an award staff and other resources to assure The Department encourages should be prepared to record and report adequate development, supervision, and applicants to submit applications that the results achieved from project execution of the proposed project are complete and responsive. However, activities. activities. Applicants must describe in applicants should be discriminating in c. Partnership: Applications should detail all assistance expected from the what they choose to include in the display the imagination and innovation Department or other Federal agencies to application. of the private sector working in implement project activities 2. Number of Copies: Each applicant partnership with the government to successfully. Each applicant must must submit a signed original obtain the maximum market provide a description of the application. In addition, the Department development impact. membership/qualifications, structure encourages applicants to submit six (6) d. Project Funding Priorities: Project and composition of the eligible entity, copies. Several copies will be needed in proposals must be compatible with U.S. the degree to which the entity order for the Department to complete its trade and commercial policy. In represents the industry or industries in evaluation. (As noted below under IV.B. addition, applicants are encouraged to question, and the role, if any, foreign Evaluation and Selection Procedures, address the Department’s international membership plays in the affairs of the four Selection Panel members and trade priorities. See IV.A.3. Priorities eligible entity. Applicants should several Department staff will review and Partnership. The Department is summarize both the recent history of each application.) However, if interested in receiving proposals which their industry or industries’ submitting six (6) copies creates a include projects that: competitiveness in the international financial hardship, submit the (1) Maximize the participation of marketplace and the export promotion minimum of two copies plus the small- and medium-sized enterprises history of the eligible entity and its original. (SMEs) in international trade; partners that intend to work on the If an applicant submits an original (2) E-commerce; project. This should include a resume and two copies or any other number of (a) Provide the basic instruction, for the project director and principal copies greater than two and less than six assistance and applications to help staff and a projection of the amount of (6), the Department will make

VerDate 132000 18:07 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14540 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices additional copies to allow all reviewers f. Translating product literature into a and designed to create long-term export to read each application. However, the foreign language; capacity. In addition to promoting Department cannot guarantee that the g. Making product modifications to current sales of existing products, copies will include features that are not comply with foreign market market development promotes future easily reproduced on standard requirements; sales and future products. photocopy machines. For example, tabs h. Commissioning an in-depth market Current or past MDCP applicants might not be inserted, color pages might research study; should be aware that to be in a position be reproduced in black and white, fold- i. Developing a website to connect to earn the maximum number of points out pages might not fold out, unusually international customers to U.S. under this criterion, they should sized (not 8.5″ × 11″) pages might be telecommunications and Internet propose projects that are entirely new. broken up, and the copies might be companies through a ‘‘virtual trade A current or past MDCP recipient may bound with staples or clips instead of show.’’ propose an expansion of an existing or the binding used for applicant- j. Advertising in a foreign business past MDCP project. In order to earn a submitted material. publication; high score on this criterion, the k. Undertaking an overseas direct- expansion should be the majority of the C. Retention of Applications mail campaign to create product total project for the proposal. In 1. Award Winners: For each award awareness; addition, current or past MDCP winner, the Department of Commerce l. Signing an agent/distributor; applicants that apply proposing an will retain the application for seven m. Getting introduced to a potential expansion of an existing or past project years. Copies of winning applications foreign buyer; must clearly demonstrate how the are distributed to project team members n. Signing an export contract/filling expansion, standing alone, is creative for their use in managing winning an export order; or and innovative in accordance with the projects. o. Co-locating with a US&FCS above definition. 2. Unsuccessful and Ineligible Commercial Center. 5. Budget and Sustainability: Applicants: For each eligible Applicants should provide detailed Reasonableness of the itemized budget application which does not win an explanations of projected results of the for project activities, the amount of the award, and for each application project. cash match that is readily available at 2. Performance Measures: Projected determined to be ineligible, the the beginning of the project, and the increase (multiplier effect) in the Department of Commerce will retain the probability that the project can be number of U.S. companies operating in signed original of the application for continued on a self-sustained basis after the market(s) selected, particularly seven years and will destroy the copies. the completion of the award. 3. Late Applications Returned to SMEs, and the degree to which the Current or past MDCP recipients who Sender: Late applications are not project will help the industry in propose an expansion of an existing accepted or retained. They are returned question increase or maintain market project must show how the expansion to the sender. However, the Department share in the market(s) selected. will achieve self-sustainability will retain a copy of the cover page or Applicants should provide quantifiable independent of current or past projects transmittal letter for seven years. estimates of projected increases. funded under the MDCP. 3. Priorities and Partnership: The IV. Evaluation and Selection Each of the above criteria is worth a degree to which the proposal furthers or maximum of 20 points. The five criteria A. Evaluation Criteria is compatible with the Department’s together constitute the application The Department is interested in priorities stated above and the degree to score. At 20 points per criterion, the projects that demonstrate the possibility which the proposal initiates or enhances total possible score is 100. of both significant results during the partnership with the Department. 4. Creativity and Capacity: Creativity, B. Evaluation and Selection Procedures project period and lasting benefits innovation, and realism displayed by extending beyond the project period. To Office of Planning Coordination and the work plan as well as the that end, consideration for financial Resource Management (OPCRM) staff institutional capacity of the applicant to assistance under the MDCP will be will review each application for carry out the work plan. Creativity and based upon the following evaluation completeness as soon as practicable innovation can be displayed in a variety criteria: after the application is received. The 1. Export Success Potential: Potential of ways. Applicants might propose applicant is responsible for submitting a of the project to generate export success projects that include ideas not complete application in a timely stories and/or export initiatives in both previously tried to promote a particular manner. the short-term and medium-term. For industry’s goods or services in a Prior to selection, each complete purposes of this program, an export particular market. Creativity can be application receives a thorough initiative is defined as a significant demonstrated by the manner in which evaluation. The steps of the evaluation expenditure of resources (time, people, techniques are customized to meet the and selection process are set forth or money) by the Chief Executive specific needs of certain client groups. below. Officer (CEO) of a company in the active A proposal can be creative in the way 1. Eligibility Determination: OPCRM pursuit of export sales. Examples of it brings together the strengths and staff, in consultation with the export initiatives include, but are not resources of partners participating in Department’s Office of General Counsel, limited to, the following: project activities. Further, projects that reviews all applications to determine a. Participating in an overseas trade focus on market development are the eligibility of each applicant. If an promotion event; inherently more creative than projects applicant’s eligibility is in question, the b. Hiring an export manager; that focus only on export promotion. applicant is contacted to supply c. Establishing an export department; Market development is the process of additional information or clarification. d. Exploring a new market through an identifying or creating emerging markets 2. Staff Review: When the eligibility overseas trip by the CEO; or market niches and modifying review has been completed, the OPCRM e. Developing an export marketing/ products to penetrate those markets. Director invites comments on eligible business plan; Market development is demand driven applications from relevant offices

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The Department staff Development may consider the award of Federal funds shall be made to comments provide insights into both the following in making decisions: an applicant who has an outstanding potential benefits and the potential a. The scores of individual reviewers delinquent Federal debt until either: difficulties associated with the and the Selection Panel’s written a. The delinquent account is paid in applications. assessments; full; 3. OPCRM Review: At least three b. The degree to which applications b. A negotiated repayment schedule is representatives of OPCRM review and satisfy the Department priorities as established and at least one payment is comment on all applications using the established under III.A.3.d. Project received; or evaluation criteria identified above. The Funding Priorities above; c. Other arrangements satisfactory to MDCP Manager prepares a summary of c. The geographic distribution of the the Department of Commerce are made. OPCRM staff comments and organizes proposed awards; 6. Name Check Review: All applicants all comments by the Department staff d. The diversity of industry sectors are subject to a name check review and applications for the Selection Panel. and overseas markets covered by the process. Name checks are intended to The OPCRM and Department staff proposed awards; reveal if any key individuals associated comments afford the Selection Panel the e. The diversity of project activities with the applicant have been convicted insights and breadth of experience of represented by the proposed awards; of or are presently facing criminal Department professionals. However, f. Avoidance of redundancy and charges such as fraud, theft, perjury, or they have no official weight, and the conflicts with the initiatives of other other matters which significantly reflect Selection Panel is free to consider or Federal agencies; and on the applicant’s management honesty disregard them as it sees fit. g. The availability of funds. or financial integrity. The name check 4. Selection Panel Composition: The review process is based on information MDCP Manager forwards all of the C. Announcement of Award Decisions applicants provide in Form CD–346 eligible applications, along with all Award winners will be notified by ‘‘Applicant for Funding Assistance’’. related materials, to the Selection Panel letter. Once award winners formally 7. Primary Applicant Certifications: of senior managers at the Department. accept their awards, the Department All primary applicants must submit a This panel is chaired by the OPCRM will issue a press release and list the completed Form CD–511, Director and typically includes three award winners at the MDCP Internet ‘‘Certifications Regarding Debarment, other members, one each from the address. Suspension and Other Responsibility Department’s TD, MAC, and US&FCS Within ten days of the announcement Matters; Drug Free Workplace bureaus. Panel members are Office of the issuance of the press release, Requirements and Lobbying’’. Directors or higher. unsuccessful applicants will be notified Explanations are provided below. 5. Selection Panel Scoring: Each in writing and invited to receive a a. Non-Procurement Debarment and Selection Panel member reviews each debriefing from MDCP officers. Suspension: Prospective participants (as eligible application and assigns a score defined at 15 CFR part 26, section 105) for each of the five criteria stated above. V. Other Requirements and are subject to 15 CFR part 26, The scores of each Selection Panel Classification ‘‘Nonprocurement Debarment and Member for each application reviewed A. Other Requirements Suspension’’ and the related section of are maintained in the files for seven the certification form prescribed above years. The individual criteria scores are 1. Federal Policies and Procedures: applies; averaged to determine the total score for Recipients and subrecipients are subject b. Drug-Free Workplace: Grantees (as each application. to all Federal laws and Federal and defined at 15 CFR part 26, section 605) 6. Ranked Recommendation: Based Department of Commerce policies, are subject to 15 CFR part 26, subpart on the scores assigned by Selection regulations, and procedures applicable F, ‘‘Government wide Requirements for Panel members and deliberations by the to Federal financial assistance awards. Drug-Free Workplace (Grants)’’ and the Selection Panel, the Selection Panel 2. Past Performance: Unsatisfactory related section of the certification form forwards the applications with the ten performance under prior Federal awards prescribed above applies; highest total scores to the Assistant may result in an application not being c. Anti-Lobbying: Persons (as defined Secretary for Trade Development and considered for funding. at 15 CFR part 28, section 105) are recommends which of the ten proposals 3. Pre-Award Activities: Except at subject to the lobbying provisions of 31 should receive funding. The Selection noted above in I.B.9. Approved Pre- U.S.C. 1352, ‘‘Limitations on use of Panel’s recommendation will not Award-Period Expenditure, if applicants appropriated funds to influence certain deviate from the rank order. This means, incur any costs prior to an award being Federal contracting and financial for example, that the Selection Panel made, they do so solely at their own risk transactions,’’ and the lobbying section cannot recommend funding for the of not being reimbursed by the of the certification form prescribed application ranked seventh without government. Notwithstanding any above applies to applications/bids for recommending funding for applicants verbal or written assurance that they grants, cooperative agreements, and ranked first through sixth. The Selection may have received, there is no contracts for more than $100,000, and Panel recommendation includes the obligation on the part of the Department loans and loan guarantees for more than Panel’s written assessment of the of Commerce to cover pre-award costs. $150,000, or the single family maximum strengths and weaknesses of the top ten 4. No Obligation for Future Funding: mortgage limit for affected programs, applications. If an application is selected for funding, whichever is greater; and 7. Selection of Applications for the Department of Commerce has no d. Anti-Lobbying Disclosures: Any Funding: From the top ten applications obligation to provide any additional applicant that has paid or will pay for

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14542 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices lobbying using any funds must submit Dated: March 14, 2000. Dated: March 8, 2000. Form SF–LLL, ‘‘Disclosure of Lobbying Robert W. Pearson, Karen H. Brown, Activities,’’ as required under 15 CFR Director, Office of Planning, Coordination and Deputy Director. part 28, Appendix B. Resource Management, Trade Development, [FR Doc. 00–6718 Filed 3–16–00; 8:45 am] International Trade Administration, BILLING CODE 3510±13±M 8. Lower Tier Certifications: Department of Commerce. Recipients shall require applicants/ [FR Doc. 00–6688 Filed 3–16–00; 8:45 am] bidders for sub-grants, contracts, BILLING CODE 3510±DR±P DEPARTMENT OF COMMERCE subcontracts, or other lower tier covered transactions at any tier under the award National Institute of Standards and to submit, if applicable, a completed DEPARTMENT OF COMMERCE Technology Form CD–512, ‘‘Certifications Regarding Debarment, Suspension, Ineligibility National Institute of Standards and Announcement of a Partially Closed and Voluntary Exclusion-Lower Tier Technology Meeting of the Manufacturing Covered Transactions and Lobbying’’ Extension Partnership National Notice of Government Owned and disclosure Form SF–LLL, Advisory Board Inventions Available for Licensing ‘‘Disclosure of Lobbying Activities.’’ AGENCY: Form CD–512 is intended for the use of National Institute of Standards AGENCY: National Institute of Standards and Technology, Commerce. recipients and should not be transmitted and Technology, Commerce. to the Department of Commerce. SF– ACTION: Notice of partially closed SUMMARY: The invention listed below is LLL submitted by any tier recipient or meeting. owned in whole or in part by the U.S. sub-recipients should be submitted to Government, as represented by the SUMMARY: the Department of Commerce in Pursuant to the Federal Department of Commerce. The Advisory Committee Act, 5 U.S.C. app. accordance with the instructions Department of Commerce’s ownership 2, notice is hereby given that the contained in the award document. interest in the invention is available for National Institute of Standards and 9. False Statements: A false statement licensing in accordance with 35 U.S.C. Technology’s (NIST’s) Manufacturing on an application is grounds for denial 207 and 37 CFR Part 404 to achieve Extension Partnership National or termination of funds and grounds for expeditious commercialization of Advisory Board (MEPNAB) will meet to possible punishment by a fine or results of Federally funded research and hold a meeting on Wednesday, May 10, imprisonment as provided in 18 U.S.C. development. 2000. The MEPNAB is composed of 1001. FOR FURTHER INFORMATION CONTACT: nine members appointed by the Director 10. Intergovernmental Review: Technical and licensing information on of NIST who were selected for their Applications under this program are not this invention may be obtained by expertise in the area of industrial subject to Executive Order 12372, writing to: National Institute of extension and their work on behalf of smaller manufacturers. The Board was ‘‘Intergovernmental Review of Federal Standards and Technology, Office of set up, under the direction of the Programs.’’ Technology Partnerships, Building 820, Room 213, Gaithersburg, MD 20899; Fax Director of NIST, to fill a need for 11. Buy American-Made Equipment 301–869–2751. Any request for outside input on MEP. MEP is a unique and Products: Applicants are hereby information should include the NIST program consisting of centers in all 50 notified that they will be encouraged, to Docket No. and Title for the relevant states and Puerto Rico. The centers have the greatest extent practicable, to invention as indicated below. been created by state, federal, and local purchase American-made equipment partnerships. SUPPLEMENTARY INFORMATION: and products with funding provided NIST may The Board works closely with MEP to under this program. enter into a Cooperative Research and provide input and advice on MEP’s Development Agreement (‘‘CRADA’’) programs, plans, and policies. The 12. Fly America Act: All award with the licensee to perform further recipients must comply with the purpose of this meeting is to delve into research on the inventions for purposes areas of operation determined by the provisions of the Fly America Act, 49 of commercialization. The invention U.S.C. 40118. Board. The agenda includes a look at available for licensing is: center operations from the national B. Classification NIST Docket Number: 98–916US. perspective of what best practices can Title: Designed Protein Pores As be shared across the system and what is This notice has been determined to be Components For Biosensors. the best mechanism for doing so. The not significant for purposes of Executive Abstract: The invention is jointly Board also plans to address how MEP Order 12866. The standard forms measures impact and how that affects referenced in this notice are cleared owned by the U.S. Government, as represented by the Secretary of the operations at the center level. The under OMB Control No. 0348–0043, Commerce, Worcester Institute and the portion of the meeting, which involves 0348–0044, 0348–0040, and 0348–0046 University of Chicago. A mutant personnel and proprietary budget pursuant to the Paperwork Reduction staphylococcal alpha hemolysin information, will be closed to the Act. Notwithstanding any other polypeptide containing a heterologous general public. All other portions of the provision of law, no person is required analyte-binding amino acid which meeting will be open to the public. to respond nor shall a person be subject assembles into an analyte-responsive DATES AND ADDRESSES: The meeting will to a penalty for failure to comply with heptameric pore assembly in the convene on May 10, 2000, at 8:30 am a collection of information subject to the presence of a wild type staphylococcal and will adjourn at 3:30 pm and will be requirements of the Paperwork alpha hemolysin polypeptide, digital held at the Omni Rosen, Orlando, Reduction Act unless that collection of biosensors, and methods of detecting, Florida. The closed portion of the information displays a currently valid identifying and quantifying analytes are meeting is scheduled from 8:30 am to OMB Control Number. described. 10:00 am

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SUPPLEMENTARY INFORMATION: The DEPARTMENT OF COMMERCE West Highway, Silver Spring, Maryland, Assistant Secretary for Administration 20910, tel. 301–713–3121, extension with the concurrence of the General National Oceanic and Atmospheric 201, e-mail [email protected]. Counsel formally determined on Administration DATES: Individuals or organizations December 21, 1998, pursuant to Section wishing to submit comments on the 10(d) of the Federal Advisory ENVIRONMENTAL PROTECTION draft Approval Decisions should do so Committee Act, that these portions of AGENCY by April 17, 2000. ADDRESSES: the meeting may be properly closed Coastal Nonpoint Pollution Control Comments should be made because they are concerned with matters Program: Approval Decision on Rhode to Joseph A. Uravitch, Chief, Coastal that are within the purview of 5 U.S.C. Island Coastal Nonpoint Pollution Programs Division (N/ORM3), Office of 522(c)(4), (6) and (9)(b). A copy of the Control Program Ocean and Coastal Resource determination is available for public Management, NOS, NOAA, 1305 East- inspection in the Central Reference and AGENCY: National Oceanic and West Highway, Silver Spring, Maryland, Records Inspection Facility, Room 6219, Atmospheric Administration, U.S. tel. 301–713–3155 extension 195, e-mail Main Commerce. Department of Commerce, and The U.S. [email protected] or to Environmental Protection Agency. Margherita Pryor, EPA Region, 1, 1 MEP’s services to smaller ACTION: Congress Street, Suite 1100, Boston, manufacturers address the needs of the Notice of intent to approve the Rhode Island Coastal Nonpoint MA, 02114–2023, tel. 617–918–1597, e- national market as well as the unique Program. mail [email protected]. needs of each company. Since MEP is FOR FURTHER INFORMATION CONTACT: committed to providing this type of SUMMARY: Notice is hereby given of the Helen Farr, Coastal Programs Division individualized service through its intent to fully approve the Rhode Island (N/ORM3), Office of Ocean and Coastal centers, the program requires the Coastal Nonpoint Pollution Control Resource Management, NOS, NOAA, perspective of locally based experts to Program (coastal nonpoint program) and 1305 East-West, Silver Spring, Maryland be incorporated into its national plans. of the availability of the draft Approval 20910, tel. 301–713–3105, extension The MEPNAB was established at the Decisions on conditions for the Rhode 150, e-mail [email protected]. Island coastal nonpoint program. direction of the NIST Director to (Federal Domestic Assistance Catalog 11.419 maintain MEP’s focus on local and Section 6217 of the Coastal Zone Act Coastal Zone Management Program market-based needs. The MEPNAB was Reauthorization Amendments (CZARA), Administration) approved on October 24, 1996, in 16 U.S.C. section 1455b, requires states Dated: March 14, 2000. and territories with coastal zone accordance with the Federal Advisory Captain Ted I. Lillestolen, Committee Act, 5 U.S.C. app. 2., to management programs that have received approval under section 306 of Deputy Assistant, Administrator for Ocean provide advice on MEP programs, plans, Services and Coastal Zone Management, and policies; to assess the soundness of the Coastal Zone Management Act to National Oceanic and Atmospheric MEP plans and strategies; to assess the develop and implement coastal Administration. current performance against MEP nonpoint programs. Coastal states and J. Charles Fox, territories were required to submit their program plans, and to function in an Assistant Administrator, Office of Water, coastal nonpoint programs to the advisory capacity. The Board will meet Environmental Protection Agency. National Oceanic and Atmospheric [FR Doc. 00–6692 Filed 3–16–00; 8:45 am] three times a year and reports to the Administration (NOAA) and the U.S. Director of NIST. This will be the Environmental Protection Agency (EPA) BILLING CODE 3510±08±M second meeting of the MEPNAB in for approval in July 1995. NOAA and 2000. EPA conditionally approved the Rhode DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Island coastal nonpoint program on Linda Acierto, Assistant to the Director September 27, 1997. NOAA and EPA National Oceanic and Atmospheric have drafted approval decisions for Policy, Manufacturing Extension Administration describing how Rhode Island has Partnership, National Institute of satisfied the conditions placed on its [I.D. 031000C] Standards and Technology, program and therefore has a fully Gaithersburg, MD 20899, telephone Western Pacific Fishery Management approved coastal nonpoint program. Council; Public Meeting number (301) 975–5033. NOAA and EPA are making the draft Dated: March 10, 2000. decisions for the Rhode Island coastal AGENCY: National Marine Fisheries Karen H. Brown, nonpoint program available for a 30-day Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Deputy Director, NIST. public comment period. If no comments are received, the Rhode Island program Commerce. [FR Doc. 00–6719 Filed 3–16–00; 8:45 am] will be approved. If comments are ACTION: Notice of public meeting. BILLING CODE 3510±13±M received, NOAA and EPA will consider whether such comments are significant SUMMARY: The Western Pacific Fishery enough to affect the decision to fully Management Council’s (Council) approve the program. Pelagics Advisory Panel (PAP) members Copies of the draft Approval will hold a meeting. Decisions can be found on the NOAA DATES: The meeting will be held April website at http://www.nos.noaa.gov/ 5–6, 2000, from 8:30 a.m. to 5:00 p.m., ocrm/czm/ or may be obtained upon each day. request from: Joseph P. Flanagan, ADDRESSES: The meeting will be held at Coastal Programs Division (N/ORM3), the Ala Moana Hotel, Hibiscus Number Office of Ocean and Coastal Resource 1 Ball Room, 410 Atkinson Drive, Management, NOS, NOAA, 1305 East- Honolulu, HI 96814.

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Council address: Western Pacific COMMITTEE FOR THE beginning on March 17, 2000 and Fishery Management Council, 1164 IMPLEMENTATION OF TEXTILE extending through March 16, 2001. Bishop St., Suite 1405, Honolulu, HI AGREEMENTS The United States remains committed 96813. to finding a mutually agreed solution Establishment of an Import Limit for concerning Category 301. Should such a FOR FURTHER INFORMATION CONTACT: Certain Cotton Textile Products solution be reached in consultations Kitty M. Simonds, Executive Director; Produced or Manufactured in Pakistan with the Government of Pakistan, telephone: 808–522–8220. further notice will be published in the March 14, 2000. SUPPLEMENTARY INFORMATION: The PAP Federal Register. AGENCY: Committee for the meeting will discuss and may make A description of the textile and Implementation of Textile Agreements recommendations to the Council on the apparel categories in terms of HTS (CITA). following agenda items: numbers is available in the ACTION: Issuing a directive to the CORRELATION: Textile and Apparel 1. Review of recommendations arising Commissioner of Customs establishing a Categories with the Harmonized Tariff from 1999 PAP; limit. Schedule of the United States (see 2. Hawaii and American Samoa Federal Register notice 64 FR 71982, longline fishery reports; EFFECTIVE DATE: March 17, 2000. published on December 22, 1999). Also 3. Hawaii longline fishery issues; FOR FURTHER INFORMATION CONTACT: Ross see 64 FR 12290, published on March 4. Report of the Recreational Fisheries Arnold, International Trade Specialist, 12, 1999. Data Task Force; Office of Textiles and Apparel, U.S. D. Michael Hutchinson, Department of Commerce, (202) 482– 5. Recreational fishery issues; Acting Chairman, Committee for the 4212. For information on the quota Implementation of Textile Agreements. 6. Area closure for large pelagic status of this limit, refer to the Quota fishing vessels around the islands of Status Reports posted on the bulletin Committee for the Implementation of Textile American Samoa; boards of each Customs port, call (202) Agreements 7. Shark management in Hawaii; 927–5850, or refer to the U.S. Customs March 14, 2000. 8. Management of longline-protected website at http:// Commissioner of Customs, species interactions; www.customs.ustreas.gov. For Department of the Treasury, Washington, DC information on embargoes and quota re- 20229. 9. Progress of the Multi-lateral High openings, call (202) 482–3715. For Dear Commissioner: Pursuant to section Level Conference process to implement information on categories on which 204 of the Agricultural Act of 1956, as a management convention for tunas in consultations have been requested, call amended (7 U.S.C. 1854); Executive Order the Central-West Pacific; (202) 482–3740. 11651 of March 3, 1972, as amended; and the 10. Blue marlin research; Uruguay Round Agreement on Textiles and SUPPLEMENTARY INFORMATION: Clothing (ATC), you are directed to prohibit, 11. Council process; and Authority: Section 204 of the Agricultural effective on March 17, 2000, entry into the 12. Other business as required. Act of 1956, as amended (7 U.S.C. 1854); United States for consumption and Although non-emergency issues not Executive Order 11651 of March 3, 1972, as withdrawal from warehouse for consumption of combed cotton yarn in Category 301, contained in this agenda may come amended. A notice published in the Federal produced or manufactured in Pakistan and before this group for discussion, in exported during the twelve-month period accordance with the Magnuson-Stevens Register on December 31, 1998 (63 FR beginning on March 17, 2000 and extending Fishery Conservation and Management 72288) announced that the Government through March 16, 2001, in excess of Act, those issues may not the subject of of the United States had requested 5,578,425 kilograms. formal action during this meeting. consultations with the Government of The limit set forth above is subject to Action will be restricted to those issues Pakistan on December 24, 1998 with adjustment pursuant to the provisions of the specifically identified in this notice and respect to combed cotton yarn in ATC. any issues arising after publication of Category 301, produced or Products in the above category exported during the March 17, 1999 through March 16, this notice that require emergency manufactured in Pakistan and that, if no solution was agreed upon in 2000 period shall be charged to the limit for action under section 305(c) of the that year (see directive dated March 5, 1999) Magnuson-Stevens Act, provided the consultations with the Government of to the extent of any unfilled balances. In the public has been notified of the Council’s Pakistan, the Government of the United event the limit established for that period has intent to take final action to address the States reserved its right to establish a been exhausted by previous entries, such emergency. twelve-month limit of not less than products shall be charged to the limit set 5,262,665 kilograms for the entry for forth in this directive. Special Accommodations consumption and withdrawal from In carrying out the above directions, the warehouse for consumption of combed Commissioner of Customs should construe This meeting is physically accessible entry into the United States for consumption to people with disabilities. Requests for cotton yarn in Category 301, produced or manufactured in Pakistan. A restraint to include entry for consumption into the sign language interpretation or other Commonwealth of Puerto Rico. auxiliary aids should be directed to limit was established at that level for the The Committee for the Implementation of Kitty M. Simonds, 808–522–8220 March 17, 1999 through March 16, 2000 Textile Agreements has determined that this (voice) or 808–522–8226 (fax), at least 5 period. action falls within the foreign affairs days prior to meeting date. The Government of the United States exception of the rulemaking provisions of 5 has decided to establish a limit of not U.S.C. 553(a)(1). Dated: March 13, 2000. less than 5,578,425 kilograms for the Sincerely, Bruce C. Morehead, entry for consumption and withdrawal D. Michael Hutchinson, Acting Director, Office of Sustainable from warehouse for consumption of Acting Chairman, Committee for the Fisheries, National Marine Fisheries Service. combed cotton yarn in Category 301, Implementation of Textile Agreements. [FR Doc. 00–6716 Filed 3–16–00; 8:45 am] produced or manufactured in Pakistan [FR Doc. 00–6762 Filed 3–16–00; 8:45 am] BILLING CODE 3510±22±F for a second twelve-month period, BILLING CODE 3510±DR±F

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DEPARTMENT OF DEFENSE Dated: March 2, 2000. Part A: General Provisions J.L. Roth, Section 602—Definitions Department of the Navy Lieutenant Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Topic Addressed: Emotional Closed Meeting of the Board of Liaison Officer. Disturbance Visitors to the U.S. Naval Academy [FR Doc. 00–6582 Filed 3–16–00; 8:45 am] • Letter dated June 11, 1999 to BILLING CODE 3810±FF±U individual, (personally identifiable AGENCY: Department of the Navy, DOD. information redacted), regarding use of ACTION: Notice. the term ‘‘emotional disturbance’’ in DEPARTMENT OF EDUCATION lieu of ‘‘serious emotional disturbance’’ and the right of each child with a SUMMARY: The U.S. Naval Academy Office of Special Education and disability to receive special education Board of Visitors will meet to make such Rehabilitative Services; List of and related services that address that inquiry as the Board shall deem Correspondence necessary into the state of morale and child’s unique needs. discipline, the curriculum, instruction, AGENCY: Department of Education. Section 607—Requirements for physical equipment, fiscal affairs, and ACTION: List of correspondence from Prescribing Regulations academic methods of the Naval April 1, 1999 through June 30, 1999. Academy. During this meeting inquiries Topic Addressed: Applicable SUMMARY: The Secretary is publishing Regulations will relate to the internal personnel the following list pursuant to section • OSEP memorandum 99–11 dated rules and practices of the Academy, may 607(d) of the Individuals with April 27, 1999 to State Directors of involve on-going criminal Disabilities Education Act (IDEA). Special Education, regarding final investigations, and include discussions Under section 607(d) of IDEA, the regulations published on March 12, of personal information the disclosure Secretary is required, on a quarterly 1999 and dates by which compliance of which would constitute a clearly basis, to publish in the Federal Register with these regulations became unwarranted invasion of personal a list of correspondence from the mandatory for States receiving funds privacy. The Executive Session of this Department of Education received by under Part B of IDEA. meeting will be closed to the public. individuals during the previous quarter that describes the interpretations of the DATES: The meeting will be held on Part B: Assistance for Education of All Department of Education of IDEA or the Monday, March 20, 2000, from 8:30 am Children With Disabilities regulations that implement IDEA. to 11:45 am. The closed Executive Section 612—State Eligibility FOR FURTHER INFORMATION CONTACT: Session will be from 10:50 am to 11:45 JoLeta Reynolds or Rhonda Weiss. Topic Addressed: Free Appropriate am. Telephone: (202) 205–5507. Individuals Public Education ADDRESSES: The meeting will be held in who use a telecommunications device • Letter dated April 2, 1999 to Paul T. the Bo Copped Room of Alumni Hall at for the deaf (TDD) may call (202) 205– Halverson, Wisconsin Department of the U.S. Naval Academy, Annapolis, 5465 or the Federal Information Relay Public Instruction, regarding the MD. Service (FIRS) at 1–800–877–8339 absence of any requirements in Part B of between 8:00 am and 8:00 pm, Eastern IDEA that a free appropriate public FOR FURTHER INFORMATION CONTACT: time, Monday through Friday, except education be made available to children Lieutenant Commander Thomas E. Federal holidays. with disabilities through age 22, and Osborn, Executive Secretary to the Individuals with disabilities may clarifying a State’s discretionary Board of Visitors, Office of the obtain a copy of this notice in an authority to enact a law requiring that Superintendent, U.S. Naval Academy, alternate format (e.g., Braille, large print, a free appropriate public education be Annapolis, MD 21402–5000, telephone audiotape, or computer diskette) on made available to children with (410) 293–1503. request to Katie Mincey, Director of the disabilities through the end of the Alternate Formats Center. Telephone: SUPPLEMENTARY INFORMATION: This school year during which they turn 21 (202) 205–8113. years of age. notice of meeting is provided per the • Federal Advisory Committee Act (5 SUPPLEMENTARY INFORMATION: The Letter dated April 9, 1999 to U.S.C. app. 2). The Executive Session of following list identifies correspondence Attorney Sonja D. Kerr, regarding the obligation of public agencies to finance the meeting will consist of discussions from the Department issued between April 1, 1999 and June 30, 1999. the costs of residential placements in of information, which pertain to the Included on the list are those letters situations where the public agency conduct of various midshipmen at the that contain interpretations of the responsible for the child’s education Naval Academy and internal Board of requirements of IDEA and its determines that the placement is Visitors matters. Discussion of such implementing regulations, as well as necessary for the provision of special information cannot be adequately letters and other documents that the education and related services to the segregated from other topics, which Department believes will assist the child. precludes opening the executive session public in understanding the • Letters dated April 29, 1999 to U.S. of this meeting to the public. In requirements of the law and its Congressman Dennis J. Kucinich and to accordance with 5 U.S.C. app. 2, section regulations. The date and topic U.S. Congresswoman Stephanie Tubbs 10(d), the Secretary of the Navy has addressed by a letter are identified, and Jones, regarding medical interventions determined in writing that the special summary information is also provided, for children with attention deficit committee meeting shall be partially as appropriate. To protect the privacy hyperactivity disorder, and explaining closed to the public because they will be interests of the individual or individuals that it is the responsibility of medical, concerned with matters as outlined in involved, personally identifiable not educational professionals to section 5529b)(2), (5), (6), and (7) of title information has been deleted, as prescribe medication to a child with a 5, U.S.C. appropriate. disability, and clarifying that a school

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Topic Addressed: Distribution of • Letter dated May 14, 1999 to Iowa Subgrants to Eligible Charter Schools • Letter dated April 21, 1999 to individual, (personally identifiable Governor Thomas J. Vilsack, regarding • OSEP memorandum 99–12 dated information redacted), regarding options the U.S. Supreme Court’s decision in June 25, 1999 to State Directors of available to school authorities in Cedar Rapids Community School Special Education, regarding a Notice of disciplining students with disabilities. District v. Garret F., and provisions in Proposed Rulemaking implementing the the IDEA that assist States and school Charter School Expansion Act of 1998, Section 619—Preschool Grants districts in paying for the cost of special clarifying that this Act is applicable to Topic Addressed: Procedures for education and related services, formula grant programs administrated Allocating Subgrants to Eligible Entities including the types of services at issue by the Department, including programs in the Garret F. decision. funded under sections 611 and 619 of • Letter dated June 28, 1999 to New Topic Addressed: Least Restrictive Part B of IDEA, and setting out York State Education Department Environment permissible options for States and local Deputy Commissioner Lawrence educational agencies to consider using Gloeckler, regarding procedures for • Letter dated June 4, 1999 to New in implementing the Act’s requirements State educational agencies to use in York State Education Department that newly-created charter schools and allocating subgrants of funds awarded Commissioner Richard P. Mills, charter schools that significantly expand under section 619 of IDEA to eligible informing New York that if its funding their enrollment receive the Part B entities, procedures for calculating base formula that distributes States funds on funds for which they are eligible. payments, and procedures for the basis of the type of setting in which calculating population and poverty a child is served is not revised in a Section 614—Evaluation, Eligibility payments. manner that ensures compliance with Determinations, Individualized the least restrictive environment Education Programs, and Educational Part C: Infants and Toddlers With requirements of the IDEA Amendments Placements Disabilities of 1997, New York will become a high Topic Addressed: Evaluations Sections 631–641 risk grantee and its Part B grant award • for Federal Fiscal Year 1999 will Letter dated June 29, 1999 to Topic Addressed: Natural Environments include special conditions requiring the Madison Elementary School Faculty • Letter dated May 26, 1999 to State to revise this funding formula. Senate President Rosemary Anderson, Missouri Department of Elementary and regarding a school district’s obligations Secondary Education Assistant Topic Addressed: State Educational to students with disabilities who Commissioner John B. Heskett, Agency General Supervisory initially register to attend school, and regarding States’ obligations to ensure Responsibility (1) clarifying that it would be a violation that early intervention services are • Letter dated April 30, 1999 to U.S. of Part B and section 504 for a school provided to infants and toddlers with Congressman Roy Blunt, regarding district to have a blanket policy that disabilities in natural environments, concerns about IDEA paperwork requires students with disabilities to including the home or community requirements and student discipline delay attendance at a school after settings in which typically developing provisions and identifying ways in registration pending the evaluation, and children participate, and that which the IDEA Amendments of 1997 (2) explaining that a child can be individualized determinations must be actually reduce unnecessary paperwork temporarily placed and provided made by the individualized family and provide for expanded authority to accommodations agreed to by the service plan team (which includes the address disciplining students with parents and the school to ensure the parent or parents) as to whether the disabilities. child’s safety. setting in which the services are being Topic Addressed: Information Required Section 615—Procedural Safeguards offered would be the natural for Receipt of Grant Awards environment for the particular child. Topic Addressed: Attorney’s Fees • Letter dated June 11, 1999 to U.S. • OSEP memorandum 99–13 dated • Letter dated June 24, 1999 to Congressman Martin Meehan, regarding June 28, 1999, to Chief State School Attorney Robert Hornstein, and letter serving infants and toddlers with Officers regarding Procedures for States dated June 24, 1999 to Florida Bureau disabilities in natural environments to Follow in order to Receive a Grant for Education of Exceptional Students appropriate for the individual child and Award under sections 611 and 619 of Chief Shan Goff, regarding a State his or her family. Part B of IDEA for Federal Fiscal Year court’s authority to grant attorneys’ fees Topic Addressed: Provision of a Free 2000, which includes, among other to the parents of a child with a disability Appropriate Public Education to matters, requirements for: (1) who is the prevailing party in any action Children With Disabilities Below Age 3 Submission of documentation of the or proceeding brought under section 615 State’s eligibility by April 14, 2000, (2) of IDEA. • Letter dated April 30, 1999 to Iowa a description of how amounts retained Department of Education Part C for State level activities will be used, Topic Addressed: Mediation Technical Assistant Julie Curry, and (3) a description of the steps the • Letter dated May 12, 1999 to Vice confirming that when a child below age State proposes to take to ensure President of Florida Statewide three receives a free appropriate public equitable access to, and participation in, Advocacy Network on Disability Nikole education, states must comply with the activities conducted under Part B of Whitehead, regarding the absence of a requirements of: (1) both Parts B and C

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Free Internet access to the official addressed by a letter are identified, and Part D: National Activities to Improve edition of the Federal Register and the Code summary information is also provided, Education of children with Disabilities of Federal Regulations is available on GPO as appropriate. To protect the privacy Subpart 2—Coordinated Research, Access at: http://www.access.gpo.gov/nara/ interests of the individual or individuals Personnel Preparation, Technical index.html involved, personally identifiable Assistance, Support, and Dissemination (Catalog of Federal Domestic Assistance information has been deleted, as of Information Number 84.027, Assistance to States for appropriate. Education of Children with Disabilities) Section 682—Parent Training and Part A: General Provisions Information Centers Dated: March 14, 2000. Judith E. Heumann, Section 602—Definitions Topic Addressed: Definition of Parent Assistant Secretary for Special Education and Topic Addressed: Child With a Organization Rehabilitative Services. Disability • Letter dated April 15, 1999 to [FR Doc. 00–6648 Filed 3–16–00; 8:45 am] ∑ Letter dated September 14, 1999 to National Association of Protection and BILLING CODE 4000±01±M School Psychologist Anthony W. Coe, Advocacy Systems Executive Director regarding criteria for establishing Curtis L. Decker, regarding the statutory eligibility of children with pervasive definition of ‘‘parent organization’’ and DEPARTMENT OF EDUCATION developmental delay for services under explaining that a protection and Office of Special Education and Part B of IDEA, including any applicable advocacy entity that otherwise meets State diagnostic criteria, and clarifying section 682 statutory criteria would be Rehabilitative Services; List of Correspondence that the categories or conditions eligible to compete for funding as a identified in the Diagnostic and parent training and information center AGENCY: Department of Education. Statistical Manual (DSM)–IV, are not (PTI). ACTION: List of correspondence from July synonymous with criteria for Other Letters Relevant to the 1, 1999 through September 30, 1999. determining whether a child is a ‘‘child Administration of IDEA Programs with a disability’’ under Part B of IDEA. SUMMARY: The Secretary is publishing Topic Addressed: Freedom of the following list pursuant to section Topic Addressed: Related Services Information Act 607(d) of the Individuals with ∑ Letter dated August 2, 1999 to • Letter dated May 20, 1999 to Disabilities Education Act (IDEA). individual, (personally identifiable individual, (personally identifiable Under section 607(d) of IDEA, the information redacted), regarding the information redacted), regarding an Secretary is required, on a quarterly U.S. Supreme Court’s 1999 decision in appeal of a partial denial of a request for basis, to publish in the Federal Register Cedar Rapids Community School agency records under the Freedom of a list of correspondence from the District v.Garret F., which clarifies that Information Act (FOIA) and stating that Department of Education received by required nursing services provided FOIA exemption (b)(6), which protects individuals during the previous quarter during school hours can be an eligible from public disclosure information that that describes the interpretations of the ‘‘school health service,’’ the would constitute a clear invasion of Department of Education of IDEA or the Department’s views regarding the personal privacy, authorizes the regulations that implement IDEA. impact of the decision, and provisions Department not to release to the public FOR FURTHER INFORMATION CONTACT: in IDEA that are designed to assist personal information, such as home JoLeta Reynolds or Rhonda Weiss. States and school districts in financing addresses and telephone numbers, of Telephone: (202) 205–5507. Individuals the costs of required school health attendees contained in a register who use a telecommunications device services. maintained by the Office of Special for the deaf (TDD) may call (202) 205– ∑ Letter dated August 11, 1999 to Education Programs (OSEP) of public 5465 or the Federal Information Relay U.S. Congressman David Camp, meetings conducted in connection with Service (FIRS) at 1–800–877–8339 regarding the impact on school districts OSEP’s State educational agency between 8:00 am and 8:00 pm, Eastern of the U.S. Supreme Court’s 1999 monitoring. time, Monday through Friday, except decision in Cedar Rapids Community Federal holidays. School District v. Garret F., and an Electronic Access to This Document Individuals with disabilities may explanation of the impact of fully You may view this document, as well obtain a copy of this notice in an funding IDEA at 40 percent of the as all other Department of Education alternate format (e.g., Braille, large print, average per pupil expenditures in documents published in the Federal audiotape, or computer diskette) on public elementary and secondary Register, in text or Adobe Portable request to Katie Mincey, Director of the schools in the United States. Document format (PDF) on the Internet Alternate Formats Center. Telephone: • Letter dated September 21, 1999 to at either of the following sites: (202) 205–8113. individual, (personally identifiable http://ocfo.ed.gov/fedreg.htm SUPPLEMENTARY INFORMATION: The information redacted), regarding the http://www.ed.gov/news.html following list identifies correspondence impact on school districts of the U.S. To use the PDF you must have the from the Department issued between Supreme Court’s 1999 decision in Cedar Adobe Acrobat Reader Program with July 1, 1999 and September 30, 1999. Rapids Community School District v. Search, which is available free at either Included on the list are those letters Garrett F. and clarifying that the number of the previous sites. If you have that contain interpretations of the of disabled students requiring the one- questions about using the PDF, call the requirements of IDEA and its on-one nursing services required by the U.S. Government Printing Office (GPO) implementing regulations, as well as Garrett F. decision is limited.

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Part B: Assistance for Education of All if eligible students with disabilities implement a due process system that Children with Disabilities require modifications to participate in meets the requirements of section 615 of State assessments. IDEA and to ensure the availability of Section 611—Authorization; Allotment; the State complaint procedures. Use of Funds; Authorization of Topic Addressed: Least Restrictive Appropriations Environment Section 614—Evaluations, Eligibility Determinations, Individualized Topic Addressed: Distribution of Part B • Letter dated September 21, 1999 to Education Programs, and Educational Funds individual, (personally identifiable information redacted), regarding the placements ∑ Letter dated September 20, 1999 to need to place certain disabled students Topic Addressed: Individualized Walnut Creek School District in special schools or residential schools, Superintendent Michael De Sa, and Education Programs and clarifying that the Part B regulatory • letter dated September 20, 1999 to requirement for a continuum of Letter dated August 5, 1999 to Ohio individual, (personally identifiable alternative placements does not compel Protection and Advocacy Association information redacted), regarding a State to create an appropriate member Suzanne Faustini regarding the provisions in the IDEA Amendments of residential placement within a State if absence of a requirement in Part B of 1997 that revise the formula for an appropriate residential placement for IDEA that recommendations of parents distribution of funds awarded under the child is otherwise available. or other team members not adopted by Part B of IDEA and describing increases the IEP team be included in the IEP, in Federal funding levels for special Topic Addressed: State Educational clarifying that the IEP is developed by education programs in the past several Agency General Supervisory consensus rather than by majority vote years, despite funding reductions in Responsibility and that the public agency must give other Federal programs. • Letter dated August 5, 1999 to parents prior written notice explaining why the recommendations were not Topic Addressed: Use of Part B Funds individual, (personally identifiable information redacted), and letter dated adopted. • • Letter dated August 5, 1999 to August 5, 1999 to Florida Department of Letter dated September 14, 1999 to Louisiana Department of Education Education Bureau of Instructional Attorney Gary D. Lander regarding Director Virginia C. Beridon regarding Support and Community Services Chief whether a school board member may be criteria for determining whether use of Shan Goff, regarding a State’s obligation a member of an IEP team, at the request Part B funds for international travel is to resolve a complaint against a school of a parent or a public agency. an allowable cost. district where a child’s parents no Section 615—Procedural Safeguards Section 612—State Eligibility longer reside, including: (1) Requiring appropriate corrective action by that Topic Addressed: Mediation Topic Addressed: Free Appropriate district; and (2) using the State • Letter dated August 26, 1999 to Public Education complaint procedures as a means of individual, (personally identifiable • Letter dated August 6, 1999 to addressing both systemic and child- information redacted), regarding the Attorney Brian J. Bocketti, regarding specific violations of Part B of IDEA. mediation confidentiality requirements State flexibility under section 504 of the • Letter dated August 19, 1999 to of the IDEA Amendments of 1997 and Rehabilitation Act of 1973 (section 504) California Department of Education the Department’s regulations that in determining nonresident tuition rates Superintendent of Public Instruction prohibit the use of mediation for students with disabilities in public Delaine Eastin and Youth and Adult discussions as evidence in a due process school choice programs as long as Correctional Agency Secretary Robert hearing or civil proceeding, but appropriate educational services are Presley, informing California of its clarifying congressional intent that this made available and funded. receipt of IDEA sections 611 and 619 requirement not be used to supersede • Letter dated September 14, 1999 to Part B funds for Federal Fiscal Year any discovery rights in such Colorado Department of Education 1999 and its status as a high risk proceedings or any parental access Federal Complaints Officer Charles M. grantee, as well as the special rights under the Family Educational Masner, regarding the responsibility of conditions imposed on its receipt of Rights and Privacy Act of 1974. the State educational agency or public these grant awards. agency to appoint a hearing officer or to Topic Addressed: Discipline Procedures resolve a State complaint if a parent Topic Addressed: Information Required • Letter dated July 27, 1999 to U.S. alleges either that the award of a regular for State Program Grants Congressman Rush Holt regarding high school diploma to their child was • Letter dated August 12, 1999 to obligations of school districts to take appropriate or that the award of a Native American Protection & Advocacy prompt and appropriate steps whenever regular high school diploma to their Project, Inc. Attorneys Sarah J. Somers a student with or without a disability child was not appropriate. and Therese E. Yanan regarding the threatens school safety and explaining • Letter dated September 29, 1999 to obligations of all States, including the the options available to school individual, (personally identifiable Bureau of Indian Affairs (BIA), to authorities in disciplining a disabled information redacted), regarding a submit final policies and procedures student who threatens school safety. State’s right to establish proficiency that comply with the requirements of • Letter dated September 20, 1999 to standards for high school graduation the IDEA Amendments of 1997 as a individual, (personally identifiable and clarifying that such State standards condition for receipt of their Federal information redacted), regarding options may not be established or implemented Fiscal Year 2000 Part B of IDEA grant available to school authorities in in a nondiscriminatory manner in awards, the difficulties experienced by disciplining students with disabilities, violation of section 504 and Title II of children with disabilities attending particularly the use of proactive the Americans With Disabilities Act, schools funded by the BIA in obtaining measures, including appropriate and the responsibility of the appropriate educational services and in behavioral interventions, and individualized education program (IEP) resolving disagreements with schools, information about some of the programs team under Part B of IDEA to determine and the obligations of the BIA to that the Department funds regarding the

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14549 use of appropriate behavioral DEPARTMENT OF ENERGY mailed to the following address: Ms. interventions. Sharon Betson, Office of Biological and Office of Science Financial Assistance Environmental Research, SC–73, 19901 Section 619—Preschool Grants Program Notice 00±13; Medical Germantown Road, Germantown, MD Topic Addressed: Procedures for Applications Program 20874–1290. Allocating Subgrants to Eligible Entities AGENCY: Department of Energy (DOE). Formal applications referencing • Letter dated July 9, 1999 to Arizona ACTION: Notice inviting grant Program Notice 00–13, should be Superintendent of Public Instruction applications. forwarded to: U.S. Department of Lisa Graham Keegan regarding the Energy, Office of Science, Grants and formula for the Preschool Grants SUMMARY: The Office of Biological and Contracts Division, SC–64, 19901 program and how State educational Environmental Research (OBER) of the Germantown Road, Germantown, MD agencies allocate subgrants to local Office of Science (SC), U.S. Department 20874–1290, ATTN: Program Notice 00– educational agencies, procedures for of Energy (DOE), hereby announces its 13. This address must also be used calculating base payments and interest in receiving grant applications when submitting applications by U.S. population and poverty payments, and to support one specific research area Postal Service Express Mail or any other clarifying that there are no provisions in within the Medical Applications commercial overnight delivery service, Part B of IDEA authorizing waivers of Program: Imaging Gene Expression in or hand-carried by the applicant. An these requirements. Health and Disease. The specific goals original and seven copies of the include development of nuclear application must be submitted. Part D: National Activities To Improve medicine driven technologies to image FOR FURTHER INFORMATION CONTACT: Education of Children With Disabilities mRNA transcripts in real time in tissue Dr. Prem C. Srivastava, Office of Biological Subpart 1—State Program culture and whole animals. Special consideration will be given to and Environmental Research, Medical Improvement Grants for Children With Sciences Division (SC–73), U.S. Disabilities applications arising from a well integrated, multidisciplinary team effort Department of Energy, 19901 Section 653—Applications of scientists with skills to address the Germantown Road, Germantown, MD needs, issues and importance of nucleic 20874–1290, telephone: (301) 903–4071, Topic Addressed: Information About FAX: (301) 903–0567, E-mail: State Program Improvement Grants acid biochemistry, radioligand synthesis and macromolecular interactions; [email protected]. The • OSEP memorandum 99–14 dated functional consequences of gene full text of Program Notice 00–13 is July 30, 1999, to interested parties expression by targeting and perturbing available via the Internet using the providing guidance related to State the activity of a particular gene; and following web site address: http:// program improvement grants. biological applications of optical and www.sc.doe.gov/production/grants/ grants.html. Electronic Access to This Document radionuclide imaging devices; contributing to the goal of imaging SUPPLEMENTARY INFORMATION: The You may view this document, as well specific gene expression in real time in as all other Department of Education Medical Applications Program supports animals to humans. The access to, or directed nuclear medicine research documents published in the Federal availability of specialized molecular Register, in text or Adobe Portable through radiopharmaceutical radioligands, transgenic animal models development, molecular nuclear Document Format (PDF) on the Internet of human disease, and biological at either of the following sites: medicine and medical imaging imaging devices for real time imaging in instrumentation program activities to http://ocfo.ed.gov/fedreg.htm animals to humans, will be important study uses of radioisotopes for non- http://www.ed.gov/news.html factors for funding considerations. invasive diagnosis and internal To use the PDF you must have the Methodological approaches that are molecular radiotherapy. Molecules Adobe Acrobat Reader Program with applicable to any mRNA species are directing or affected by homeostatic Search, which is available free at either encouraged. controls always interact and, thus, are of the previous sites. If you have DATES: Before preparing a formal targets for specific molecular substrates. questions about using the PDF, call the application, potential applicants are The substrate molecules can be tailored U.S. Government Printing Office (GPO) encouraged to submit a brief to fulfil a specific need and labeled with toll free at 1–800–293–6498; or in the preapplication. All preapplications appropriate radioisotopes to become Washington, D.C., area at (202) 512– referencing Program Notice 00–13, measurable in real time in the body on 1530. should be received by DOE by 4:30 pm, their way to, and in interaction with Note: The official version of this document EDT., April 14, 2000. A response their targets allowing the analysis of is the document published in the Federal encouraging or discouraging the molecular function in homeostatic Register. Free Internet access to the official submission of a formal application will control in health and disease. The edition of the Federal Register and the Code be communicated by electronic mail by function of radiopharmaceuticals at of Federal Regulations is available on GPO April 21, 2000. Access at: http://www.access.gpo.gov/nara/ various sites in the body is imaged by index.html Formal applications submitted in nuclear medical instruments, such as, response to this notice must be received gamma cameras and positron emission (Catalog of Federal Domestic Assistance by 4:30 p.m., E.D.T., May 30, 2000, to tomographs (PET). This type of imaging Number 84.027, Assistance to States for be accepted for merit review and refines diagnostic differentiation at Education of Children with Disabilities) consideration for award in Fiscal Years molecular/metabolic levels between Dated: March 14, 2000. 2000 and 2001. health and disease, and among various Judith E. Heumann, ADDRESSES: Preapplications referencing diseases such as of the heart, brain and Assistant Secretary for Special Education and Program Notice 00–13, must be sent by cancer, often leading to more effective Rehabilitative Services. E-mail to therapy. If labeled with high energy- [FR Doc. 00–6649 Filed 3–16–00; 8:45 am] [email protected]. emitting radioisotopes, the substrate BILLING CODE 4000±01±U Preapplications will also be accepted if molecules, carrying the radiation dose

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14550 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices may be powerful tools for targeted biology, and biological and nuclear accomplishment, and the key members molecular therapy especially of cancer. medicine imaging will become of the scientific team responsible for Basic research in molecular biology increasingly important for success. It undertaking this effort. Preapplications has provided new insights to the will be important for each application to will be evaluated relative to the scope molecular basis of disease and address response in view of the and research needs for the Imaging Gene molecular targets of human diseases. following research areas, which may be Expression Program. The current Molecular Nuclear crucial for progress in imaging gene Medicine program encourages expression: Merit Review development of new technologies for (1) The radioligand molecules that Applications will be subjected to molecular delivery of radioisotopes to will interact with the macromolecular scientific merit review (peer review) and the disease-target-sites with a high nucleic acid structures in vivo. For will be evaluated against the following degree of molecular precision, example, the advances in antisense drug evaluation criteria listed in descending recognition, and target selectivity. discovery means that antisense order of importance as codified at 10 In addition nuclear medicine, with radiopharmaceuticals through CFR 605.10(d): the availability of miniaturized PET combinatorial chemistry techniques can 1. Scientific and/or Technical Merit of technology for small animal imaging, be designed to hybridize to target the Project can facilitate mapping of the transcripts in a highly specific way. 2. Appropriateness of the Proposed biochemistry of the metabolic organ However, the antisense and Method or Approach function, visualizing the molecular combinatorial molecular chemistry 3. Competency of Applicant’s Personnel biology of cell function, and zooming in technologies available for and Adequacy of Proposed Resources on gene function for delineating chemotherapeutic drug development, 4. Reasonableness and Appropriateness differences in molecular biology of must be fully exploited and optimized of the Proposed Budget. normal health from disease, in animals for in vivo imaging. The evaluation will include program to humans. (2) Molecular signal amplification policy factors such as the relevance of With the advent of the genome project methods are not yet available that work the proposed research to the terms of and the development of transgenic mice, in vivo at the mRNA level, and the announcement and the agency’s there has been a rapid proliferation of technological advancement in this area programmatic needs. Note, external peer small animal models of human diseases, is well desired. and improvement in optical and (3) Equally important is the hurdle of reviewers are selected with regard to radionuclide in vivo imaging drug targeting technology, which must both their scientific expertise and the instrumentation technologies. These be developed to such an extent that the absence of conflict-of-interest issues. technological advancements have various biological barriers can be safely Non-federal reviewers may be used, and offered a paradigm shift in the current surmounted in vivo. submission of an application constitutes level of nuclear medicine research (4) Finally, the fluorescent molecular agreement that this is acceptable to the challenges and opportunities. Nuclear imaging technologies available for more investigator(s) and the submitting medicine techniques can permit routine in vitro screening and in vivo institution. analysis of the molecular elements as real time imaging, that can be used as Submission Information markers of genetic manipulations, a proof of principle and a prelude to in biological transformations and vivo nuclear medicine imaging, should Information about the development, progression of the disease, and provide be exploited in conjunction with submission of applications, eligibility, insights to molecular pathways of nuclear medicine devices. limitations, evaluation, the selection disease and gene function. The process, and other policies and development of generic methods to Program Funding procedures may be found in 10 CFR Part image specific gene expression will It is anticipated that approximately $3 605, and in the Application Guide for result in major advances in our million will be available for multiple the Office of Science Financial understanding of developmental grant awards during Fiscal Years 2000 Assistance Program. Electronic access to biology, cancer induction and and 2001 contingent upon the the Guide and required forms is made pathogenesis, and in the clinical availability of appropriated funds. available via the World Wide Web at: detection of inherited and acquired Previous awards have ranged from http://www.sc.doe.gov/production/ diseases. Such studies are therefore a $200,000 per year up to $400,000 per grants/grants.html. DOE is under no major focus of this program. Additional year (direct plus indirect costs) with obligation to pay for any costs information can be obtained at the terms lasting up to three years. Similar associated with the preparation or following web site http:// award sizes are anticipated for new submission of applications if an award www.sc.doe.gov/production/ober/ grants. Applications may request project is not made. msdlreports.html. support up to three years, with out-year In addition, for this Notice, the Project This Notice is to solicit applications support contingent on the availability of Description must be 25 pages or less, for grants for imaging gene expression in funds, progress of the research and exclusive of attachments, and the real time, in tissue culture and in whole programmatic needs. application must contain a Table of animals in vivo. Currently the Contents, an abstract or project expression of endogenous genes in Preapplications summary, letters of intent from animals (including humans) cannot be A brief preapplication should be collaborators (if any), and short imaged, at least not directly. Given the submitted. The preapplication should curriculum vitae consistent with astounding pace of biotechnology identify, on the cover sheet, the title of National Institutes of Health guidelines. development, it may be highly the project, the institution, principal On the SC grant face page, form DOE challenging but not an unattainable investigator name, address, telephone, F4650.2, in block 15, also provide the goal. A well integrated concerted team fax, and E-mail address. The PI’s phone number, fax number, and E- effort from the overlapping disciplines preapplication should consist of two to mail address. of chemistry and radiopharmaceutical three pages identifying and describing DOE policy requires that potential chemistry, cellular and molecular the research objectives, methods for applicants adhere to 10 CFR 745

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‘‘Protection of Human Subjects’’, or FOR FURTHER INFORMATION CONTACT: Dr. ecosystem level observations and such later revision of those guidelines as Roger C. Dahlman, Environmental experiments. may be published in the Federal Sciences Division, SC–74, Office of A central element of current TCP Register. Biological and Environmental Research, research is the AmeriFlux Program of The Office of Science as part of its Office of Science, U.S. Department of measuring net CO2 exchange, including grant regulations requires at 10 CFR Energy, 19901 Germantown Road, the suite of core measurements that are 605.11(b) that a recipient receiving a Germantown, MD 20874–1290, needed for understanding intrinsic grant and performing research involving telephone: (301) 903–4951, E-mail: controls on carbon acquisition by recombinant DNA molecules and/or [email protected], fax: ecosystems. The AmeriFlux Network of organisms and viruses containing (301) 903–8519. The full text of Program Sites and current Science Plan can be recombinant DNA molecules shall Notice 00–12 is available via the accessed from the web site: http:// comply with NIH ‘‘Guidelines for Internet using the following web site cdiac.esd.ornl.gov/programs/ameriflux/, Research Involving Recombinant DNA address: http://www.sc.doe.gov/ which applicants are strongly advised to Molecules,’’ which is available via the production/grants/grants.html. review. In general, the science questions world wide web at: http:// Applicants are strongly encouraged to of the current Science Plan continue to www.niehs.nih.gov/odhsb/biosafe/nih/ match their research applications to guide the AmeriFlux Program. rdna-apr98.pdf, (59 FR 34496, July 5, terms of announcement scope, and Progress of the AmeriFlux Program to 1994,) or such later revision of those preapplications therefore are not date strongly suggests that the suites of guidelines as may be published in the required. Brief questions for CO2 and biological measurements are Federal Register. clarification can be addressed to Dr. providing unique estimates of Net Ecosystem Production (NEP), or the The Catalog of Federal Domestic Dahlman, Manager of Terrestrial Carbon Processes Research Program. quantity of net annual carbon gain by Assistance Number for this program is the ecosystem. This is vital information 81.049, and the solicitation control number is SUPPLEMENTARY INFORMATION: The ERFAP 10 CFR Part 605. for global carbon cycle analysis, and the general goal of TCP research is to results are providing important missing Issued in Washington, DC on March 9, advance the scientific understanding of information needed to balance the 2000. terrestrial processes regulating carbon global carbon budget. This solicitation John Rodney Clark, balance of ecosystems, and the role of seeks to continue and extend AmeriFlux Associate Director of Science for Resource ecosystems in the exchange of carbon research in the following ways: Management. dioxide (CO2) between the atmosphere (1) By moderate expansion of the [FR Doc. 00–6654 Filed 3–16–00; 8:45 am] and terrestrial biosphere. Important AmeriFlux Network to include BILLING CODE 6450±01±U endpoints of the research are to additional geo-climatic zones, or determine the capacity of ecosystems to ecological successional states, or biome store carbon, and estimate their types. If applicants are interested in DEPARTMENT OF ENERGY influence on the rate of atmospheric forming new sites, the present CO2 change. This research addresses the distribution of research locations should Office of Science Financial Assistance important global change issues of causes be reviewed from the web sites, and Program Notice 00±12; Terrestrial and rates of CO2 change that may then propose new locations that would Carbon Processes (TCP) underlie climate change. In this context, significantly augment the existing the research is an important adjunct to AGENCY: Department of Energy (DOE). Network. New sites will be considered policies and actions being considered only if they offer both compelling ACTION: Notice inviting grant for slowing the rise of greenhouse gases differences relative to existing ones in applications. in the atmosphere. Interests and intents terms of unique geo-climatic zone or of TCP are to augment research on SUMMARY: biome characteristics, and The Office of Biological and measurements, experiments and Environmental Research (OBER) of the circumstances where NEP would be modeling of carbon processes. This expected to be significant. New-site Office of Science (SC), U.S. Department Notice solicits research on ‘‘terrestrial of Energy (DOE), hereby announces its applications must, of course, be based carbon processes’’ with primary on representative stands of vegetation, interest in receiving applications for emphasis on measurements needed to research on Terrestrial Carbon Processes and possess appropriate physical derive or estimate the net exchanges of attributes amenable to producing quality (TCP). CO2 between the atmosphere and the net CO2 exchange data. Applications for DATES: The deadline for receipt of terrestrial biosphere, and the acquisition new sites would identify the suite of formal applications is 4:30 pm, EDT, of new knowledge about fundamental measurements that would provide for a April 27, 2000, to be accepted for merit processes that regulate exchanges. balance of CO2 exchange data and review and to permit timely The intent of this Notice is to strongly independently derived estimates of consideration for award in Fiscal Year focus on field programs of NEP, that is by dimensional analysis, 2000 and early Fiscal Year 2001. measurement, experimental physiological measurements or other ADDRESSES: Formal applications manipulation, and analysis of carbon means. Either ‘‘natural’’ or ‘‘managed’’ referencing Program Notice 00–12, processes; laboratory or controlled ecosystems would be eligible sites. should be sent to: U.S. Department of environment research is NOT (2) By augmenting research at existing Energy, Office of Science, Grants and encouraged. This is the third cycle of sites. Assistance will be provided to Contracts Division, SC–64, 19901 solicitations for refocused DOE research current Network sites to upgrade core Germantown Road, Germantown, MD on terrestrial carbon that was formerly measurement capabilities, with 20874–1290, ATTN: Program Notice 00– carried out on the global carbon cycle, emphasis on acquisition of basic 12. This address must also be used and on the response of vegetation to biological data needed to explain net when submitting applications by U.S. CO2. TCP is particularly interested in CO2 exchange results. It would be Postal Service Express Mail or any other research activities that augment the expected that augmented resources commercial overnight delivery service, existing AmeriFlux measurement would provide improved measures of or when hand-carried by the applicant. program, including associated both CO2 flux and associated biological

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Electronic access to either CO2 flux or biological process contributions—beyond already defined the Guide and required forms is made measures that will significantly upgrade research of existing programs like available via the World Wide Web at: site core data bases, and explain the AmeriFlux, Free Air CO2 Enrichment http://www.sc.doe.gov/production/ value the additional measurement (FACE) Experiments (http:// grants/grants.html. DOE is under no capability would provide to the site and cdiac.esd.ornl.gov/programs/FACE/ obligation to pay for any costs to the Network. Since the overall value face.html), and Carbon Sequestration associated with the preparation or of the AmeriFlux Network depends on (Program Notice 00–09, which closed submission of applications if an award data sharing and data inter-comparison, March 2, 2000, http://www.sc.doe.gov/ only those sites that have made data production/grants/fr00l09.html). is not made. available to the AmeriFlux community The research project description must Program Funding through the network data system be 15 pages or less, exclusive of (CDIAC) will be eligible for It is anticipated that approximately $2 attachments and must contain an augmentation awards. million will be available for grant abstract or summary of the proposed (3) By supporting supplemental awards in Fiscal Year 2000, contingent research. On the SC grant face page, research at existing sites. Purpose is to upon availability of appropriated funds. form DOE F 4650.2, in block 15, also enhance overall quality of carbon Previous awards for this type of research provide the PI’s phone number, fax process information at individual sites have ranged from $100,000 up to number and E-mail address. $300,000 per year, with most not or for the AmeriFlux Network—in Attachments include curriculum vitae, a exceeding $200,000. While most awards contrast to item (2) above which simply listing of all current and pending federal upgrades core capabilities. Requests for are expected to fall within this range, a support, and letters of intent when support would be considered, for few larger awards may be granted for collaborations are part of the proposed example, to: (a) Improve coordinated activities across the micrometeorological characterization of Network, or that have requirements for research. Curriculum vitae should be submitted in a form similar to that of the CO2 exchange ‘‘footprint;’’ (b) obtain unique field investigation. Any data that extend results from ecosystem anticipated budgets exceeding $300,000 NIH or NSF (two to three pages), see for to biome or regional scales (this could per year per application should be example: http://www.nsf.gov:80/bfa/ include aircraft flux measurements and discussed with the Program Manager. cpo/gpg/fkit.htm#forms-9. limited support for modeling, for Funding of multiple year grant awards In addition to the original and seven example;) (c) obtain isotopic data that is expected, and is also contingent upon copies of the application that must be pinpoints source and seasonality of CO2 availability of appropriated funds. submitted, the applicants are asked to fluxes; (d) enhance data processing and Merit Review submit an electronic copy of the abstract prompt delivery of data to users; and (e) in ASCII format to Applications will be subjected to the analysis of exchanges and terrestrial [email protected]. The scientific merit review (peer review) and carbon processes at larger scale. abstract should include the following Foci of these components of the will be evaluated against the following information: PI and co-PI’s, their solicitation are to enhance AmeriFlux evaluation criteria listed in descending science with emphasis on order of importance as codified at 10 institutions, brief summary of research, measurements, the development of CFR 605.10(d): including identification of principal comprehensive data sets for AmeriFlux 1. Scientific and/or Technical Merit of subcontractor/collaborators even if no sites, and the analysis of collateral the Project, funds are requested for their support. results throughout the Network. Limited 2. Appropriateness of the Proposed The technical portion of the support of modeling for these purposes Method or Approach, application should not exceed 20 will be considered to the extent that 3. Competency of Applicant’s Personnel double-spaced pages plus 5 pages for analysis focuses on site and Network and Adequacy of Proposed Resources, curriculum vitae and all other data, and data sets. 4. Reasonableness and Appropriateness should include a short one-half page Innovative applications that develop of the Proposed Budget. abstract. Applications that deviate from new and cost effective research The evaluation process will include the terms of this Notice will be returned, approaches which can be shown to program policy factors such as the and will not be considered for support clearly contribute to understanding relevance of the proposed research to in the third cycle of TCP. Applications terrestrial carbon processes, especially the terms of the announcement and an received after the deadline will not be the quantification of NEP, and the agency’s programmatic needs. Note, eligible for award in Fiscal Year 2000. scientific understanding of carbon external peer reviewers are selected sequestration by terrestrial ecosystems, with regard to both their scientific The Catalog of Federal Domestic will also be considered. Examples of expertise and the absence of conflict-of- Assistance Number for this program is innovative or exploratory ideas might interest issues. Non-federal reviewers 81.049, and the solicitation control number is include, among other things, unique may be used, and submission of an ERFAP 10 CFR Part 605. field experiments or manipulations of application constitutes agreement that variables that regulate carbon balance, this is acceptable to the investigator(s) Issued in Washington, DC on March 9, or the analysis of unique sets of data. and the submitting institution. 2000. Interest is in non-conventional John Rodney Clark, Submission Information approaches that offer potential for Associate Director of Science for Resource advancing both estimating carbon Information about the development Management. quantities and the scientific and submission of applications, [FR Doc. 00–6655 Filed 3–16–00; 8:45 am] understanding of processes and eligibility, limitations, evaluation, BILLING CODE 6450±01±U controls. While these types of scientific selection process, and other policies and

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DEPARTMENT OF ENERGY SUMMARY: The Office of Fossil Energy Forrestal Building, 1000 Independence (FE) of the Department of Energy gives Avenue, SW, Washington, DC 20585, notice that it has issued Orders granting, [FE Docket No. 00±02±NG , Et Al.] (202) 586–9478. The Docket Room is amending and transferring natural gas open between the hours of 8 a.m. and Office of Fossil Energy; Petrocom import and export authorizations. These 4:30 p.m., Monday through Friday, Energy Group, LTD.; Orders Granting, Orders are summarized in the attached except Federal holidays. Amending and Transferring appendix and may be found on the FE web site at http://www.fe.doe.gov., or Issued in Washington, D.C., on March 10, Authorizations To Import and Export 2000. Natural Gas on the electronic bulletin board at (202) 586–7853. They are also available for John W. Glynn, AGENCY: Office of Fossil Energy, DOE. inspection and copying in the Office of Manager, Natural Gas Regulation, Office of Natural Gas & Petroleum Import & Natural Gas & Petroleum, Import & Export ACTION: Notice of orders. Export Activities, Docket Room 3E–033, Activities, Office of Fossil Energy.

Appendix—Orders Granting, Amending and Transferring Import/Export Authorizations

Order Import Export No. Date issued Importer/Exporter FE Docket No. volume volume Comments

1566 .... 02±01±00 Petrocom Energy Group, LTD. 00±02±NG ..... 2 Bcf ...... 1 Bcf ...... Import and export from and to Canada and 1 Bcf ...... 1 Bcf ...... Mexico over a two-year term beginning on the date of first delivery of either the import or export. 1567 .... 02±01±00 Calpine East Fuels LLC 00±06±NG ...... 40 Bcf ...... Import and export a combined total from and to Canada beginning on July 1, 2000, and extending through June 30, 2002. 1568 .... 02±04±00 Suprex Energy Corporation 00±05±NG ...... 15 Bcf ...... Import from Canada beginning on March 1, 2000, and extending through February 28, 2002. 1195±A 02±07±00 Bear Paw Energy, L.L.C. (The successor to ...... Transfer of long-term import authority. Interenergy Sheffield Processing Company) 96±54±NG. 1569 .... 02±17±00 Alliance Pipeline L.P. 00±08±NG ...... 8.8 Bcf ...... Import from Canada over a two-year term be- ginning on the date of first delivery. 500±B .. 02±24±00 Project Orange Associates L.P. 88±01±NG ...... Amendment to long-term import authority to reflect new suppliers. 1570 .... 02±24±00 Williams Energy Marketing & Trading Com- 400 Bcf Import and export a combined total from and pany (Formerly Williams Energy Services to Mexico over a two year term beginning Company) 00±09±NG. on the date of first delivery after March 31, 2000. 1571 .... 02±25±00 Questar Energy Trading Company 00±11±NG 50 Bcf .... 50 Bcf .... Import and export from and to Canada begin- ning on February 28, 2000, and extending through February 27, 2002.

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[FR Doc. 00–6656 Filed 3–16–00; 8:45 am] DEPARTMENT OF ENERGY 4. Pacific Gas and Electric Company BILLING CODE 6450±01±P Federal Energy Regulatory [Docket No. ER00–1807–000] Commission Take notice that on March 6, 2000, Pacific Gas and Electric Company DEPARTMENT OF ENERGY (PG&E) filed a revised and amended [Docket No. EG00±112±000, et al.] Federal Energy Regulatory Control Area Service Agreement Commission DTE River Rouge No. 1, LLC, et al.; between Dynegy Power Services, Inc. Electric Rate and Corporate Regulation (DPS) and PG&E (Revised CATSA) and Filings PG&E’s request for withdrawal of the [Docket No. ES00±19±000] Second Amendment to the CATSA March 9, 2000. submitted on November 1, 1996 in Louisiana Generating LLC; Notice of Docket No. ER97–320–000. Application Take notice that the following filings have been made with the Commission: The proposed revisions modify the March 10, 2000. existing CATSA to conform to the terms 1. DTE River Rouge No. 1, LLC of a Settlement Agreement between DPS Take notice that on March 8, 2000, [Docket No. EG00–112–000] and PG&E, dated May 8, 1999. Louisiana Generating LLC (Generating) Take notice that on March 6, 2000, Copies of this filing have been served submitted an application under Section DTE River Rouge No. 1, LLC upon DPS, the California Independent 204 of the Federal Power Act seeking (Applicant), a Michigan limited liability System Operator Corporation, the Commission authorization of its company, with its principal place of California Public Utilities Commission proposed financing to acquire fossil business at 425 S. Main Street, Suite and the intervenors in Docket No. fuel-fired electric generating facilities of 201, Ann Arbor, Michigan 48107, filed ER00–902–000. Comment date: March 27, 2000, in Cajun Electric Power Cooperative, Inc. with the Federal Energy Regulatory accordance with Standard Paragraph E Generating requests authorization to Commission an application for at the end of this notice. incur long-term indebtedness in an determination of exempt wholesale amount not to exceed $850,000,000 and generator status pursuant to Part 365 of 5. Duke Power a Division of Duke to guarantee repayment of not more than the Commission’s regulations. Energy Corporation $850,000,000 of long-term bonds issued Comment date: March 30, 2000, in [Docket No. ER00–1808–000] by its parent company, NRG South accordance with Standard Paragraph E Take notice that on March 6, 2000, Central Generating LLC. Generating also at the end of this notice. The Duke Power (Duke), a division of Duke requests a waiver of the Commission’s Commission will limit its consideration Energy Corporation, tendered for filing competitive bidding and negotiated of comments to those that concern the a Service Agreement with American adequacy or accuracy of the application. placement requirements in 18 CFR 34.2. Municipal Power—Ohio, Inc. for power Any person desiring to be heard or to 2. Black River Limited Partnership sales at market-based rates. protest such filing should file a motion [Docket No. EL00–48–000] Duke requests that the proposed to intervene or protest with the Federal Service Agreement be permitted to Energy Regulatory Commission, 888 Take notice that on March 6, 2000, become effective on September 10, First Street, NE., Washington, DC 20426, Black River Limited Partnership filed 1999. with the Federal Energy Regulatory in accordance with Rules 211 and 214 Duke states that this filing is in Commission (Commission) a petition for of the Commission’s Rules of Practice accordance with Part 35 of the declaratory order disclaiming and Procedure (18 CFR 385.211 and Commission’s Regulations and a copy jurisdiction and a request for expedited has been served on the North Carolina 385.214). All such motions and protests consideration. should be filed on or before March 23, Utilities Commission. Comment date: April 5, 2000, in Comment date: March 27, 2000, in 2000. Protests will be considered by the accordance with Standard Paragraph E accordance with Standard Paragraph E Commission to determine the at the end of this notice. at the end of this notice. appropriate action to be taken, but will not serve to make protestants parties to 3. Florida Power & Light Company 6. Avista Corporation the proceedings. Any person wishing to [Docket No. ER00–1732–000] [Docket No. ER00–1809–000] become a party must file a motion to Take notice that on February 29, 2000, Take notice that on March 6, 2000, intervene. Copies of this filing are on Florida Power & Light Company (FPL), Avista Corporation tendered for filing file with the Commission and are tendered for filing a settlement with the Federal Energy Regulatory available for public inspection. This agreement (the Settlement Agreement) Commission (Commission) pursuant to filing may also be viewed on the entered into by and between FPL and section 35.12 of the Commissions, 18 Internet at http://www.ferc/fed.us/ Florida Keys Electric Cooperative CFR Part 35.12, an executed online/rims.htm (call 202–208–2222 for Association (FKEC) to the ‘‘Long-Term Amendment to a Mutual Netting assistance). Agreement to Provide Capacity and Agreement with Merchant Energy Group Energy by Florida Power & Light to of the Americas, previously filed with David P. Boergers, Florida Keys Electric Cooperative the Commission under Docket No. Secretary. Association, Inc.’’ (FERC Rate Schedule ER99–2254–000, Service Agreement No. [FR Doc. 00–6600 Filed 3–16–00; 8:45 am] No. 130). The purpose of the Settlement 271, effective March 24, 1999, changing BILLING CODE 6717±01±M Agreement is to modify the contractual billing and payment terms. formula rate applied in calculating the AVA requests waiver of the prior demand charges. notice requirements and requests an Comment date: March 20, 2000, in effective date of March 1, 2000 for the accordance with Standard Paragraph E amended terms for net billing of at the end of this notice. transactions.

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This filing has been served upon the Copies of the filing have been The ISO states that this filing has been following: Ms. Vangie McGilloway, provided to the Public Utilities served on Constellation Power Source, Contract Administrator, Merchant Commission of Ohio, the Pennsylvania Inc. and the California Public Utilities Group of the Americas, 151 West Street, Public Utility Commission, the Commission. Suite 300, Annapolis, MD 21401. Maryland Public Service Commission, Comment date: March 27, 2000, in Comment date: March 27, 2000, in the Virginia State Corporation accordance with Standard Paragraph E accordance with Standard Paragraph E Commission, the West Virginia Public at the end of this notice. at the end of this notice. Service Commission, and all parties of 14. Northern States Power Company record. 7. Conectiv Energy Supply, Inc. (Minnesota) Comment date: March 27, 2000, in [Docket No. ER00–1810–000] accordance with Standard Paragraph E [Docket No. ER00–1819–000] Take notice that on March 6, 2000, at the end of this notice. Northern States Power Company Conectiv Energy Supply, Inc. (CESI) 10. Avista Turbine Power, Inc. (Wisconsin) filed with the Federal Energy Regulatory Take notice that on March 6, 2000, Commission a letter approving its [Docket No. ER00–1814–000] Northern States Power Company membership in the Western Systems Take notice that on March 6, 2000, (Minnesota) and Northern States Power Power Pool (WSPP). Avista Turbine Power, Inc. (Avista Company (Wisconsin) (jointly NSP) CESI requests that the Commission Turbine) tendered for filing a petition tendered for filing a Non-Firm and a allow its membership in the WSPP to for acceptance of an initial rate schedule Short-Term Firm Point-to-Point become effective on March 7, 2000. authorizing Avista Turbine to make Transmission Service Agreement CESI states that a copy of this filing wholesale sales of power at market- between NSP and Allegheny Energy has been served on the Delaware Public based rates. Supply Company, LLC. Service Commission, the WSPP Comment date: March 27, 2000, in NSP requests that the Commission Executive Committee, General Counsel accordance with Standard Paragraph E make the Agreement effective February to the WSPP and the members of the at the end of this notice. 7, 2000. WSPP. Comment date: March 27, 2000, in Comment date: March 27, 2000, in 11. Otter Tail Power Company accordance with Standard Paragraph E accordance with Standard Paragraph E [Docket No. ER00–1815–000] at the end of this notice. at the end of this notice. Take notice that on March 6, 2000, 15. Commonwealth Edison Company 8. Portland General Electric Company Otter Tail Power Company (OTP) and Commonwealth Edison Company [Docket No. ER00–1811–000] tendered for filing a Service Agreement of Indiana between OTP and Northcentral Power Take notice that on March 6, 2000, [Docket No. ER00–1820–000] Portland General Electric Company Co. The Service Agreement allows (PGE) tendered for filing under PGE’s Northcentral Power Co. to purchase Take notice that on March 6, 2000, Final Rule pro forma tariff (FERC capacity and/or energy under OTP’s Commonwealth Edison Company and Electric Tariff First Revised Volume No. Coordination Sales Tariff. Commonwealth Edison Company of Comment date: March 27, 2000, in 8, Docket No. OA96–137–000), executed Indiana (collectively ComEd) filed accordance with Standard Paragraph E Service Agreements for Short-Term amendments to ComEd’s Open Access at the end of this notice. Firm and Non-Firm Point-to-Point Transmission Tariff (OATT) to add an Transmission Service with Coral Power, 12. DTE River Rouge No. 1, LLC Appendix K prescribing procedures for LLC. the interconnection of generation. [Docket No. ER00–1816–000] PGE requests that the Service ComEd requests an effective date of Agreement become effective March 1, Take notice that on March 6, 2000, May 1, 2000 for the proposed 2000. DTE River Rouge No. 1, LLC (DTE-River amendments and accordingly requests A copy of this filing was served on Rouge) submitted a petition for waiver of the Commission’s notice Coral Power, LLC. authorization to make sales of capacity requirements. Comment date: March 27, 2000, in and energy at market-based rates, and a Copies of the filing were served upon accordance with Standard Paragraph E request for certain related blanket ComEd’s jurisdictional customers and at the end of this notice. authorizations and waivers. interested state commissions. Comment date: March 27, 2000, in Comment date: March 27, 2000, in 9. Allegheny Energy Service accordance with Standard Paragraph E accordance with Standard Paragraph E Corporation, on behalf of Allegheny at the end of this notice. at the end of this notice. Energy Supply Company LLC 13. California Independent System 16. PJM Interconnection, L.L.C. [Docket No. ER00–1812–000] Operator Corporation Take notice that on March 6, 2000, [Docket No. ER00–1825–000] Allegheny Energy Service Corporation [Docket No. ER00–1818–000] Take notice that on March 6, 2000, on behalf of Allegheny Energy Supply Take notice that the California PJM Interconnection, L.L.C. (PJM) Company, LLC (Allegheny Energy Independent System Operator tendered for filing one signature page of Supply Company) filed Amendment No. Corporation, on March 6, 2000, tendered Washington Gas Energy Services, Inc. to 2 to Supplement No. 9 to complete the for filing a Scheduling Coordinator the Reliability Assurance Agreement filing requirement for one (1) new Agreement between the ISO and among Load Serving Entities in the PJM Customer of the Market Rate Tariff Constellation Power Source, Inc. for Control Area (RAA), and an amended under which Allegheny Energy Supply acceptance by the Commission. Schedule 17 listing the parties to the offers generation services. The ISO is requesting waiver of the RAA. Allegheny Energy requests a waiver of 60-day notice requirement to allow the PJM states that it served a copy of its notice requirements to make service Scheduling Coordinator Agreement to filing on all parties to the RAA, available as of November 24, 1999, to be made effective as of February 28, including Washington Gas Energy Virginia Electric & Power Company. 2000. Services, Inc., and each of the electric

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14556 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices regulatory commissions within the PJM 2. Jersey Central Power & Light The ISO states that this filing has been Control Area. Company, Metropolitan Edison served on Cargill-Alliant, LLC and the Comment date: March 27, 2000, in Company and Pennsylvania Electric California Public Utilities Commission. accordance with Standard Paragraph E Company The ISO is requesting waiver of the at the end of this notice. [Docket No. ER00–1817–000] 60-day notice requirement to allow the Scheduling Coordinator Agreement to Standard Paragraphs Take notice that on March 7, 2000, be made effective as of February 28, Jersey Central Power & Light Company, E. Any person desiring to be heard or 2000. Metropolitan Edison Company and to protest such filing should file a Comment date: March 28, 2000, in Pennsylvania Electric Company (d/b/a motion to intervene or protest with the accordance with Standard Paragraph E GPU Energy), tendered for filing an Federal Energy Regulatory Commission, at the end of this notice. 888 First Street, NE., Washington, DC executed Service Agreement between 20426, in accordance with Rules 211 GPU Energy and FPL Energy Power 5. Jersey Central Power & Light and 214 of the Commission’s Rules of Marketing, Inc. (FPL ENERGY), dated Company, Metropolitan Edison Practice and Procedure (18 CFR 385.211 March 6, 2000. This Service Agreement Company and Pennsylvania Electric and 385.214). All such motions or specifies that FPL ENERGY has agreed Company protests should be filed on or before the to the rates, terms and conditions of [Docket No. ER00–1823–000] comment date. Protests will be GPU Energy’s Market-Based Sales Tariff (Sales Tariff) designated as FERC Take notice that on March 7, 2000, considered by the Commission in Jersey Central Power & Light Company, determining the appropriate action to be Electric Rate Schedule, Second Revised Volume No. 5. The Sales Tariff allows Metropolitan Edison Company and taken, but will not serve to make Pennsylvania Electric Company (d/b/a protestants parties to the proceeding. GPU Energy and FPL ENERGY to enter into separately scheduled transactions GPU Energy), tendered for filing an Any person wishing to become a party executed Service Agreement between must file a motion to intervene. Copies under which GPU Energy will make available for sale, surplus capacity and/ GPU Energy and DukeSolutions, Inc. of these filings are on file with the (DUKESOLUTIONS), dated March 6, Commission and are available for public or energy. GPU Energy requests a waiver of the 2000. This Service Agreement specifies inspection. This filing may also be that DUKESOLUTIONS has agreed to viewed on the Internet at http:// Commission’s notice requirements for good cause shown and an effective date the rates, terms and conditions of GPU www.ferc.fed.us/online/rims.htm (call Energy’s Market-Based Sales Tariff 202–208–2222 for assistance). of March 6, 2000, for the Service Agreement. (Sales Tariff) designated as FERC David P. Boergers, GPU Energy has served copies of the Electric Rate Schedule, Second Revised Secretary. filing on regulatory agencies in New Volume No. 5. The Sales Tariff allows GPU Energy and DUKESOLUTIONS to [FR Doc. 00–6598 Filed 3–16–00; 8:45 am] Jersey and Pennsylvania. enter into separately scheduled BILLING CODE 6717±01±P Comment date: March 27, 2000, in accordance with Standard Paragraph E transactions under which GPU Energy at the end of this notice. will make available for sale, surplus DEPARTMENT OF ENERGY capacity and/or energy. 3. California Independent System GPU Energy requests a waiver of the Federal Energy Regulatory Operator Corporation Commission’s notice requirements for Commission [Docket No. ER00–1821–000] good cause shown and an effective date of March 6, 2000, for the Service [Docket No. ER00±1830±000, et al.] Take notice that on March 7, 2000, the California Independent System Operator Agreement. El Segundo Power, LLC, et al.; Electric Corporation (ISO), tendered for filing a GPU Energy has served copies of the Rate and Corporate Regulation Filings Meter Service Agreement for Scheduling filing on regulatory agencies in New Coordinators between the ISO and Jersey and Pennsylvania. March 10, 2000. Constellation Power Source, Inc., for Comment date: March 28, 2000, in Take notice that the following filings acceptance by the Commission. accordance with Standard Paragraph E have been made with the Commission: The ISO states that this filing has been at the end of this notice. 1. El Segundo Power, LLC served on Constellation Power Source, 6. Jersey Central Power & Light Inc. and the California Public Utilities Company, Metropolitan Edison [Docket No. ER00–1830–000] Commission. Company and Pennsylvania Electric Take notice that on March 7, 2000, El The ISO is requesting waiver of the Company Segundo Power, LLC (ESP), tendered for 60-day notice requirement to allow the filing a proposed Non-Market Dispatch Meter Service Agreement to be made [Docket No. ER00–1824–000] Service Tariff. The tariff provides for the effective as of February 28, 2000. Take notice that on March 7, 2000, dispatch of units of the ESP Facility by Comment date: March 27, 2000, in Jersey Central Power & Light Company, market participants in California to accordance with Standard Paragraph E Metropolitan Edison Company and maintain reliable grid operation and at the end of this notice. Pennsylvania Electric Company (d/b/a GPU Energy), tendered an executed other purposes and sets a rate for that 4. California Independent System Service Agreement between GPU Energy service. Operator Corporation ESP requests that the notice and Potomac Electric Power Company requirements set forth in Section 35.3(a) [Docket No. ER00–1822–000] (PEPCO), dated March 6, 2000. This be waived to the extent required to Take notice that on March 7, 2000, the Service Agreement specifies that PEPCO allow the tariff to become effective as of California Independent System Operator has agreed to the rates, terms and January 1, 2000. Corporation, tendered for filing a conditions of GPU Energy’s Market- Comment date: March 28, 2000, in Scheduling Coordinator Agreement Based Sales Tariff (Sales Tariff) accordance with Standard Paragraph E between the ISO and Cargill-Alliant, designated as FERC Electric Rate at the end of this notice. LLC for acceptance by the Commission. Schedule, Second Revised Volume No.

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5. The Sales Tariff allows GPU Energy mutually agreed upon by the parties. In www.ferc.fed.us/ online/rims.htm (call and PEPCO to enter into separately transactions where Marketing does not 202–208–2222 for assistance). scheduled transactions under which take title to the electric power and/or David P. Boergers, GPU Energy will make available for sale, energy, Marketing’s role will be limited Secretary. surplus capacity and/or energy. to that of a broker. Marketing is not in GPU Energy requests a waiver of the the business of generating or [FR Doc. 00–6599 Filed 3–16–00; 8:45 am] Commission’s notice requirements for transmitting electric power, and does BILLING CODE 6717±01±P good cause shown and an effective date not currently have or contemplate of March 6, 2000, for the Service acquiring title to any electric power DEPARTMENT OF ENERGY Agreement. generation or transmission facilities. GPU Energy has served copies of the FERC Electric Rate Schedule No. 1 Southeastern Power Administration filing on regulatory agencies in New provides for the sale of energy and Jersey and Pennsylvania. capacity at agreed prices. Proposed Rate Adjustment for the Jim Comment date: March 28, 2000, in Woodruff Project accordance with Standard Paragraph E Comment date: March 28, 2000, in at the end of this notice. accordance with Standard Paragraph E AGENCY: Southeastern Power at the end of this notice. Administration, DOE. 7. Detroit Edison Company ACTION: 9. Southwest Power Pool, Inc. Notice of public hearing and [Docket No. ER00–1826–000] opportunities for review and comment. Take notice that on March 6, 2000, [Docket No. ER00–1829–000] The Detroit Edison Company (Detroit SUMMARY: Southeastern proposes Take notice that on March 7, 2000, replacing Wholesale Power Rate Edison), tendered for filing Service Southwest Power Pool, Inc. (SPP), Agreements (the Service Agreement) for Schedules JW–1–E and JW–2–B with tendered for filing three executed new Wholesale Rate Schedules JW–1–F Short-term Firm Point-to-Point service agreements for firm point-to- Transmission Service under the Joint and JW–2–C effective September 20, point transmission service under the Open Access Transmission Tariff of 2000. Rate Schedules JW–1–F and JW– SPP Tariff with Tenaska Power Services Consumers Energy Company and Detroit 2–C will remain in effect through Company (Tenaska). Edison, FERC Electric Tariff No. 1, September 19, 2005. Rate Schedule JW– between Detroit Edison and CMS SPP requests effective dates for these 1–F is applicable to Southeastern power Marketing, Services and Trading service agreements of January 1, 2002, sold to existing preference customers in Company, dated as of February 25, January 2, 2003, and January 1, 2004, the Florida Power Corporation Service 2000. The parties have not engaged in respectively, which is the date service is area. Rate Schedule JW–2–C is any transactions under the Service to commence under each of the three applicable to Florida Power Agreements prior to thirty days to this agreements. Corporation. Opportunities will be available for filing. Copies of this filing were served upon interested persons to review the present Detroit Edison requests that the Tenaska and Entergy Power Marketing and proposed rates, and the supporting Service Agreements be made effective as Corporation (Entergy). Entergy has filed studies and to participate in a hearing rate schedules as of March 28, 2000. a complaint concerning the subject and to submit written comments. Comment date: March 27, 2000, in service agreements in Docket No. EL00– Southeastern will consider all accordance with Standard Paragraph E 46 which SPP is answering concurrently comments received in this process. at the end of this notice. with this filing. DATES: Written comments are due on or 8. ANP Marketing Company Comment date: March 28, 2000, in before June 15, 2000. A public [Docket No. ER00–1828–000] accordance with Standard Paragraph E information and public comment forum at the end of this notice. Take notice that on March 7, 2000, will be held in Tallahassee, Florida, at ANP Marketing Company (Marketing), Standard Paragraphs 10 a.m. on May 3, 2000. Persons tendered for filing pursuant to Rules 205 desiring to speak at the forum must and 207 of the Commission’s Rules of E. Any person desiring to be heard or notify Southeastern at least seven (7) Practice and Procedure (18 CFR 385.205 to protest such filing should file a days before the forum is scheduled so and 385.207) a petition seeking waivers motion to intervene or protest with the that a list of forum participants can be and blanket approvals under various Federal Energy Regulatory Commission, prepared. Others present at the forum regulations of the Commission, and an 888 First Street, N.E., Washington, D.C. may speak if time permits. Persons order accepting its FERC Electric Rate 20426, in accordance with Rules 211 desiring to attend the forum should Schedule No. 1, to be effective on the and 214 of the Commission’s Rules of notify Southeastern at least seven (7) date of the Commission’s order on such Practice and Procedure (18 CFR 385.211 days before the forum is scheduled. The petition. and 385.214). All such motions or forum will be canceled with no further Marketing intends to engage in protests should be filed on or before the notice unless Southeastern has been electric power and energy transactions comment date. Protests will be notified by close of business on April as a marketer and a broker. In considered by the Commission in 24, 2000, that at least one person transactions where Marketing purchases determining the appropriate action to be intends to be present at the forum. power, including capacity and related taken, but will not serve to make ADDRESSES: Five copies of written services from electric utilities, protestants parties to the proceeding. comments should be submitted to: qualifying facilities, and independent Any person wishing to become a party Charles Borchardt, Administrator, power producers, and resells such must file a motion to intervene. Copies Southeastern Power Administration, power to other purchasers, Marketing of these filings are on file with the Department of Energy, Samuel Elbert will be functioning as a marketer. In Commission and are available for public Building, Elberton, Georgia 30635. The Marketing’s marketing transactions, inspection. This filing may also be public comment Forum will meet at the Marketing proposes to charge rates viewed on the Internet at http:// Courtyard by Marriott, 1018 Apalachee

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Parkway, Tallahassee, Florida 32301, Management Plan, Implementation, Availability was published in the 01– Phone (850) 222–8822. New Development and Uses within 21–2000 FR CEQ #000006 the correct FOR FURTHER INFORMATION CONTACT: the Letterman Complex, Golden Gate date comments are due back to the Leon Jourolmon, Assistant National Recreation Area, City and preparing agency is May 26, 2000. Administrator, Finance and Marketing County of San Francisco, CA, Due: Dated: March 13, 2000. April 17, 2000, Contact: John G. Pelka Division, Southeastern Power B. Katherine Biggs, Administration, Department of Energy, (415) 561–5300. EIS No. 000072, Draft EIS, FAA, RI, T. Associate Director, NEPA Compliance Samuel Elbert Building, Elberton, Division, Office of Federal Activities. Georgia 30635, (706) 213–3800. F. Green Airport Project, To Implement the Part 150 Noise [FR Doc. 00–6706 Filed 3–16–00; 8:45 am] SUPPLEMENTARY INFORMATION: Existing Abatement Procedures in a Safe and BILLING CODE 6560±50±U rate schedules are supported by a March Efficient Manner, Warwick County, 1995 Repayment Study and other RI, Due: May 01, 2000, Contact: supporting data contained in FERC Theresa Flieger (781) 238–7524. ENVIRONMENTAL PROTECTION Docket EF95–3031–000. A repayment EIS No. 000073, Draft EIS, TVA, TN, AGENCY study prepared in March 2000 shows Tellico Reservoir Land Management [ER±FRL±6252±2] that the existing rates are not adequate Plan, Implementation of Seven to meet repayment criteria. A revised Mainstream and Two Tributary Environmental Impact Statements and repayment study with a revenue Reservoirs, Blount, Loudon and Regulations; Availability of EPA increase of $237,000, or 4.3 percent, Monroe, TN, Due: May 01, 2000, Comments demonstrates that all costs are paid Contact: Steven L. Akers (865) 988– within their repayment life thus 2430. Availability of EPA comments satisfying the repayment criteria. The EIS No. 000074, Draft EIS, AFS, CO, prepared February 28, 2000 Through increase is primarily due to costs Upper Blue Stewardship Project, March 03, 2000 pursuant to the associated with the rehabilitation of the Implementation of Vegetation Environmental Review Process (ERP), project. Southeastern is proposing to Management, Travel Management, under Section 309 of the Clean Air Act raise rates to recover this additional Designation of Dispersed Camping and Section 102(2)(c) of the National $237,000. Sites, White River National Forest, Environmental Policy Act as amended. The capacity charge in the proposed Dillion Ranger District, Summit Requests for copies of EPA comments Wholesale Power Rate Schedule JW–1– County, CO, Due: May 12, 2000, can be directed to the Office of Federal F has been raised from $5.13 per Contact: Kathleen Phelps (970) 468– Activities at (202) 564–7167. An kilowatt per month to $5.52 per kilowatt 5400. explanation of the ratings assigned to per month. The energy charge has been EIS No. 000075, Draft EIS, COE, NJ, draft environmental impact statements increased from 15.2 mills per kilowatt- Raritan Bay and Sandy Hook Bay, (EISs) was published in FR dated April hour to 15.49 mills per kilowatt-hour. Hurricane and Storm Damage 09, 1999 (63 FR 17856). Proposed Wholesale Power Rate Reduction Project, Flood Control and Draft EISs Schedule JW–2–C, raises the rate from Storm Damage Protection, Port 60 percent of the Florida Power Monmouth, Middletown Township, ERP No. D–AFS–L65341–OR Rating Corporation’s fuel cost to 63 percent of Monmouth County, NJ, Due: May 01, EC2, Tower Fire Recovery Project, the Corporation’s fuel cost. 2000, Contact: Mark H. Barlas (212) Restoration and Salvage, The studies are available for 264–4663. Implementation, Umatilla National examination at the Samuel Elbert EIS No. 000076, Draft EIS, AFS, ID, Forest, North Fork John Day Ranger Building, Elberton, Georgia 30635, as Middle Fork Weiser River Watershed District, Umatilla and Grant Counties, are the 1995 repayment study and the Project, Implementation of Vegetation OR. proposed Rate Schedules. Restoration, Landscape Fire Pattern Summary: EPA expressed concerns with the lack of information on related Dated: March 1, 2000. and Watershed Restoration Objectives, Payette National Forest, TMDL efforts by the Oregon Dept. of Charles A. Borchardt, Environmental Quality, and the Administrator. Council Ranger District, Adams County, ID, Due: May 18, 2000, potential impacts to federally listed [FR Doc. 00–6677 Filed 3–16–00; 8:45 am] Contact: Faye Kreieger (208) 253– salmonid species, especially increased BILLING CODE 6450±01±P 0100. sedimentation and habitat fragmentation EIS No. 000077, Draft EIS, BLM, OR, from current and proposed roads. CA, Cascade Siskiyou Ecological ERP No. D–BLM–J65318–00 Rating ENVIRONMENTAL PROTECTION Emphasis Area Management Plan, To EC2, Montana, North Dakota and AGENCY Maintain, Protect, Restore or Enhance Portions of South Dakota Off-Highway Vehicle Management and Plan [ER±FRL±6252±1] the Ecological Processes, Planning Area for Designation as a National Amendment, Implementation, MT, ND Environmental Impact Statements; Monument by the President, OR and and SD. Notice of Availability CA, Due: June 14, 2000, Contact: Tom Summary: EPA expressed Sensenig (541) 618–2200. environmental concerns due to potential RESPONSIBLE AGENCY: Office of Federal adverse impacts to water quality, Activities, General Information (202) Amended Notices wetlands and endangered species 564–7167 OR www.epa.gov/oeca/ofa. EIS No. 000034, Draft EIS, FRA, Use of habitat from non-system roads and user Weekly Receipt of Environmental Locomotive Rule, Nationwide, Due: exemptions. The final EIS should Impact Statements Filed March 06, May 26, 2000, Contact: Mark H. include information related to 2000 Through March 10, 2000 Tessler (202) 493–6038. Published monitoring, enforcement and an Pursuant to 40 CFR 1506.9 -FR–02–18–00 This EIS was inventory of non-system roads. EPA EIS No. 000071, Final EIS, TPT, CA, inadvertently published in the 02–18– suggests that the selected alternative Presidio of San Francisco General 2000 FR. The correct Notice of consider the exclusion of non-system

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14559 roads and trails for OHV access prior to selected as the preferred alternative. Of impacts be addressed in the Record of site-specific analysis to identify the presented alternatives, EPA believes Decision. appropriate use areas. that the Collier Mixed Use Proposal ERP No. F–FRC–J05079–00 Cabinet ERP No. D–BLM–L65339–OR Rating with some modifications and assurances Gorge (No. 2058–014) and Noxon LO, North Bank Habitat Management is the environmentally preferred Rapids (No. 2075–014) Hydroelectric Area (NBHMA)/Area of Critical alternative and should be pursued Project, Relicensing, MT and ID. Environmental Concern (ACEC), further in the final EIS. Summary: EPA recommended that Federally Endangered Columbian FERC include a minimum flow release Final EISs White-Tailed Deer (CWTD) and Special from Noxon Rapids Dam to reduce the Status Species Habitat Enhancements to ERP No. F–BLM–G65051–NM New magnitude of flow, velocity, and depth Ensure Viability Over Time, Mexico Standards for Public Land fluctuations in the river channel below Implementation, OR. Health and Guidelines for Livestock Noxon Rapids Dam. EPA also Summary: EPA expressed lack of Grazing Management, Implementation, recommended that the recommended objections and expects that road NM. measures, terms and conditions of the restrictions, trail maintenance, camping Summary: EPA had no objections to US Fish and Wildlife Service to restrictions and environmental the proposed action. minimize an incidental take of the bull education programs will help improve ERP No. F–COE–E39051–FL Lake trout be included as FERC license deer habitat while maintaining Okeechobee Regulation Schedule Study, conditions. recreation opportunities within the area. To Maintain or Improve Existing Water ERP No. F–NPS–D61051–VA Booker ERP No. D–FHW–D40303–PA Rating Storage, St. Lucie and Caloosahatchee T. Washington National Monument EC2, Mon/Fayette Transportation River Estuaries, FL. (BOWA), General Management Plan, Project, Improvements from Uniontown Summary: EPA continue to express Implementation, Franklin County, VA. to Brownsville Area, Funding and COE concern regarding the lack of a Summary: EPA’s previous issues have Section 404 Permit, Fayette and comprehensive downstream monitoring been adequately addressed, therefore Washington Counties, PA. program. EPA requested the ROD EPA no objection to the action as Summary: EPA expressed concern commit to a monitoring program and proposed. due to potential impacts on cultural/ that the acquired data be shared with ERP No. F–UAF–G11038–00 Realistic natural resources and residential/ involved state and federal agencies in Bomber Training Initiative, Improve the commercial properties. EPA requested determining the effects of short-term B–52 and B–1 Aircrews Mission that the final document provide phosphorous increases on the Training and Maximize Combat additional mitigation to avoid/protect Everglades Protection Area. Training Time, Barksdale Air Force aquatic and terrestrial resources. ERP No. F–FHW–F40380–IN IN–641 Base, LA, NM and TX. ERP No. D–NPS–J65319–UT Rating Terre Haute Bypass, Improve access Summary: EPA has no objection to the LO, Zion National Park, General between US 41 South to I–70 East of action as proposed. Management Plan, Implementation, Terre Haute, Funding and COE Section ERP No. F–USN–K11099–NV Fallon Washington, Iron and Kane Counties, 404 Permit, Vigo County, In. Naval Air Station (NAS), Proposal for Summary: EPA’s previous issues were UT. the Fallon Range Complex Summary: EPA has no objection to the resolved, therefore EPA has no objection Requirements, Federal and Private proposed action. to the action as proposed. Lands, Churchill, Eureka, Lander, ERP No. DS–FHW–G40145–00 Rating ERP No. F–FHW–G50008–00 Great Mineral, Nye and Washoe Counties, NV. LO, US 71 Highway Improvement River Bridge, Construction, US 65 in Summary: No formal comment letter Project, Updated Information, between Arkansas to MS–8 in Mississippi, was sent to the preparing agency. Texarkana, (US71) Arkansas and Funding, COE Section 404 Permit and DeQueen, Texarkana Northern Loop US Coast Guard Bridge Permit, Desha Dated: March 14, 2000. Funding, Right-of-Way Approval and and Arkansas Counties, AR and Bolivar B. Katherine Biggs, COE Section 404 Permit, Little River, County, MS. Associate Director, NEPA Compliance Miller and Sevier Counties, AR and Summary: EPA’s previous issues have Division, Office of Federal Activities. Bowie County, TX. been resolved, therefore EPA has no [FR Doc. 00–6707 Filed 3–16–00; 8:45 am] Summary: EPA’s previous review objection to the selection of the BILLING CODE 6560±50±U indicated that there was no objection to Southern Alternative as the preferred the preferred alternative. EPA has no transportation corridor. objections to the two new alternatives ERP No. F–FHW–J40150–ND Interstate ENVIRONMENTAL PROTECTION now identified in the document. 29 Reconstruction Project, AGENCY ERP No. DS–UAF–E11032–FL Rating Improvements from Rose Coulee to Cass EO2, Homestead Air Force Base (AFB) County Road No. 20, Funding, City of [ER±FRL±6252±3] Disposal and Reuse Updated and Fargo, ND. Additional Information on Disposal of Summary: No formal comment letter Peace River Intake Facility, DeSoto Portions of the Former Homestead was sent to the preparing agency. County, Florida Construction and (AFB), Implementation, Dade County, ERP No. F–FHW–K40193–CA I–215 Operation of Expanded Water FL. Improvements, Orange Show Road to Treatment and Aquifer Storage/ Summary: EPA objects to the CA–30, Funding, City of San Recovery Facilities: Intent To Prepare proposed action to convert the former Bernardino, San Bernardino County, an Environmental Impact Statement HAFB into a commercial regional CA. airport. EPA believes that siting a Summary: EPA expressed continued AGENCY: Environmental Protection commercial airport between the concern that cumulative impacts were Agency (EPA). Everglades and Biscayne National Parks not fully addressed. EPA requested that ACTION: Notice of intent to prepare an is inappropriate and strongly additional comments on air and water Environmental Impact Statement (EIS) recommend an environmentally quality mitigation, solid waste, on facility construction associated with sensitive mixed use alternative be pollution prevention, and cumulative the Peace River/Manasota Regional

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Water Supply Authority Facility description of the projects and its goals DATES: Written comments should be Construction Grant. will be presented. Time and meeting submitted on or before May 16, 2000. If location will be announced in you anticipate that you will be PURPOSE: Pursuant to 40 CFR 1501.7 newspapers local to the project. Details submitting comments, but find it and in accordance with Section of the proposed project will be difficult to do so within the period of 102(2)(c) of the National Environmental presented. Both oral and written time allowed by this notice, you should Policy Act (NEPA), EPA has identified comments will be accepted at the advise the contact listed below as soon the need to prepare an EIS and therefore scoping meeting to assist EPA to as possible. issues this Notice of Intent pursuant to determine the scope of the EIS. Persons ADDRESSES: Direct all comments to Les 40 CFR 1507.7. who do not attend the meeting and wish Smith, Federal Communications FOR FURTHER INFORMATION AND TO BE to comment on the issues and scope of Commissions, 445 12th Street, S.W., PLACED ON THE PROJECT MAILING LIST the project are invited to respond in Room 1–A804, Washington, DC 20554 CONTACT: Ms Lena Scott, Environmental writing to this agency within 30 days of or via the Internet to [email protected]. the scoping meeting. Protection Agency—Region 4, Office of FOR FURTHER INFORMATION CONTACT: For Environmental Assessment, 61 Forsyth ESTIMATED DATE OF DEIS RELEASE: additional information or copies of the Street, Atlanta, Georgia 30303, September 1, 2001. information collections contact Les Telephone: (404) 562-9607 or FAX (404) RESPONSIBLE OFFICIAL: A. Stanley Smith at (202) 418–0217 or via the 562–9598. Meiburg, Deputy Regional Internet at [email protected]. SUMMARY: EPA intends to prepare the Administrator, Region 4, Environmental SUPPLEMENTARY INFORMATION: EIS to evaluate the impacts of the Peace Protection Agency. OMB Control Number: 3060–0752. River/Manasota Regional Water Supply Dated: March 3, 2000. Title: Billing Disclosure Requirements Authority’s (Authority) proposal to Anne N. Miller, for Pay-Per Call and Other Information construct and operate expanded water Deptuy Director, Office of Federal Activities. Services, 47 CFR 64.1510. treatment and aquifer storage/recovery Form Number: N/A. facilities at its existing Peace River [FR Doc. 00–6705 Filed 3–16–00; 8:45 am] BILLING CODE 6560±50±U Type of Review: Extension. Facility located in southwest DeSoto Respondents: Business or other for County, Florida. The proposed facilities profit. will include treatment of surface water, FEDERAL COMMUNICATIONS Number of Respondents: 1350. alternative water storage including off- Estimated Time Per Response: 40 COMMISSION stream aquifer storage and recovery Hours. wells, and expansion of regional Notice of Public Information Total Annual Burden: 54,000 Hours. pipeline connections. EPA intends to Collection(s) Being Reviewed by the Estimated Annual Reporting and retain the services of an independent Federal Communications Commission, Recordkeeping Cost Burden: $0. contractor to provide technical data and Comments Requested Frequency of Response: On occasion; to prepare the EIS using the ‘‘third party Third Party Disclosure. method’’ as provided under 40 CFR March 10, 2000. Needs and Uses: Pursuant to Section 6.510(b)(3). By utilizing the third party SUMMARY: The Federal Communications 64.1510, telephone bills containing method, EPA enters into an agreement Commission, as part of its continuing charges for interstate pay-per-call and for the Authority to engage and pay for effort to reduce paperwork burden other information services must include the services of a contractor to prepare invites the general public and other information detailing consumers’ rights the EIS under the direction of EPA. Federal agencies to take this and responsibilities with respect to NEED FOR ACTION: EPA awarded opportunity to comment on the these charges. Specifically, telephone construction grants totaling $9,574,000 following information collection, as bills carrying pay-per-call charges must to the Authority for the construction of required by the Paperwork Reduction include a consumer notification stating water treatment and aquifer storage/ Act of 1995, Public Law 104–13. An that (1) the charges are for non- recovery facilities. Based on draft agency may not conduct or sponsor a communications services; (2) local and Environmental Information Documents collection of information unless it long distance telephone services may (EID) submitted by the Authority, EPA displays a currently valid control not be disconnected for failure to pay determined the EID did not adequately number. No person shall be subject to pay-per-call charges; (3) pay per call address potential impacts and could not any penalty for failing to comply with (900 number) blocking is available upon issue a Finding of No Significant Impact a collection of information subject to the request; and (4) access to pay-per-call (FONSI). Known concerns include Paperwork Reduction Act (PRA) that services may be involuntarily blocked impacts from reduced flows on the does not display a valid control number. for failure to pay pay-per-call charges. In Peace River, long-term impacts to Comments are requested concerning (a) addition, each call billed must show the Charlotte Harbor, threatened and whether the proposed collection of type of service, the amount of the endangered species, salinity regime information is necessary for the proper charge, and the date, time, and duration change impacts on aquatic organisms, performance of the functions of the of the call. Finally, the bill must display sport and commercial fisheries, Commission, including whether the a toll-free number which subscribers cumulative and secondary impacts. information shall have practical utility; may call to obtain information about ALTERNATIVES: (b) the accuracy of the Commission’s pay-per-call services. Similar billing • EPA issues construction grant with burden estimate; (c) ways to enhance disclosure requirements apply to conditions. the quality, utility, and clarity of the charges for information services either • EPA issues construction grant with information collected; and (d) ways to billed to subscribers on a collect basis no conditions. minimize the burden of the collection of or accessed by subscribers through a • EPA withholds construction grant, information on the respondents, toll-free number. The billing disclosure the No Action Alternative. including the use of automated contained in Section 64.1510 are SCOPING: EPA will hold a public scoping collection techniques or other forms of intended to ensure that telephone meeting in April in which a general information technology. subscribers billed for pay-per-call or

VerDate 132000 18:27 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14561 other information services are able to Boley at 202–418–0214 or via the Salas, Office of the Secretary, Federal understand the charges levied and are Internet at [email protected]. Communications Commission, 445 informed of their rights and SUPPLEMENTARY INFORMATION: Twelfth Street, SW, TW–A325, responsibilities with respect to payment OMB Control No.: 3060–XXXX. Washington, DC 20054. In addition, one of such charges. Title: Report and Order in MM Docket copy of each pleading must be delivered Federal Communications Commission. No. 99–25—Creation of Low Power to each of the following locations: Magalie Roman Salas, Radio Service. (1) Commission’s duplicating Form No.: N/A. Secretary. contractor, International Transcription Type of Review: New collection. [FR Doc. 00–6670 Filed 3–16–00; 8:45 am] Service, Inc. (ITS), 1231 20th Street, Respondents: Business or other for- NW, Washington, DC 20036; BILLING CODE 6712±01±U profit, state, local or tribal governments. Number of Respondents: 1,200 (2) Office of Media Relations, Public respondents; 9,875 responses. Reference Center, 445 Twelfth Street, FEDERAL COMMUNICATIONS Estimated Time Per Response: .0003 SW, Suite CY–A257, Washington, DC COMMISSION to 6 hours. 20554; Notice of Public Information Frequency of Response: On occasion (3) Rana Shuler, Auctions and Collection(s) Being Reviewed by the reporting requirement, third party Industry Analysis Division, Wireless Federal Communications Commission disclosure requirement, recordkeeping Telecommunications Bureau, 445 requirement. Twelfth Street, SW, Suite 4–A628, March 9, 2000. Total Annual Burden: 27,350 hours. Washington, DC 20554. SUMMARY: Total Annual Cost: $9,000. The Federal Communications FOR FURTHER INFORMATION CONTACT: Commission, as part of its continuing Needs and Uses: The information collection requirements contained in Howard Davenport or Craig Bomberger, effort to reduce paperwork burden Auctions and Industry Analysis invites the general public and other MM Docket No. 99–25, Report and Order, will ensure that the integrity of Division, Wireless Telecommunications Federal agencies to take this Bureau, at (202) 418–0660, Kathy opportunity to comment on the the FM spectrum is not compromised. It will also ensure that unacceptable Garland, Project Manager, at (717) 338– following information collection(s), as 2888. required by the Paperwork Reduction interference will not be caused to Act of 1995, Public Law 104–13. An existing radio services and that the SUPPLEMENTARY INFORMATION: This is a agency may not conduct or sponsor a statutory requirements are met. These summary of a Public Notice released collection of information unless it rules will ensure that the stations are March 10, 2000. The complete text of displays a currently valid control operated in the public interest. the public notice, including Attachment number. No person shall be subject to Federal Communications Commission. A, is available for inspection and any penalty for failing to comply with Magalie Roman Salas, copying during normal business hours a collection of information subject to the Secretary. in the FCC Reference Center (Room CY– A257), 445 12th Street, SW, Paperwork Reduction Act (PRA) that [FR Doc. 00–6671 Filed 3–16–00; 8:45 am] does not display a valid control number. Washington, D.C. 20554. It may also be BILLING CODE 6712±01±U Comments are requested concerning (a) purchased from the Commission’s copy whether the proposed collection of contractor, International Transcription information is necessary for the proper FEDERAL COMMUNICATIONS Services, Inc. (ITS, Inc.) 1231 20th performance of the functions of the COMMISSION Street, NW, Washington, D.C. 20036, Commission, including whether the (202) 857–3800. It is also available on information shall have practical utility; [Report No. AUC±00±33±A (Auction No. 33); the Commission’s web site at http:// (b) the accuracy of the Commission’s DA 00±559] www.fcc.gov. burden estimate; (c) ways to enhance Auction of Licenses for the 700 MHz 1. By this Public Notice, the Wireless the quality, utility, and clarity of the Guard Bands Scheduled for June 14, Telecommunications Bureau (‘‘Bureau’’) information collected; and (d) ways to 2000; Comment Sought on Reserve announces the auction (‘‘Auction No. minimize the burden of the collection of Prices or Minimum Opening Bids and 33’’) of Guard Band Manager licenses in information on the respondents, Other Auction Procedural Issues the 700 MHz Guard Bands to commence including the use of automated on June 14, 2000. See Service Rules for collection techniques or other forms of AGENCY: Federal Communications the 746–764 MHz Bands, and Revisions information technology. Commission. to Part 27 of the Commission’s Rules, DATES: Written comments should be ACTION: Notice. WT Docket No. 99–168, FCC 00–90, submitted on or before April 17, 2000. released March 9, 2000 (‘‘700 MHz If you anticipate that you will be SUMMARY: This document seeks Second Report and Order’’). As submitting comments, but find it comment on the reserve prices or discussed in greater detail herein, the difficult to do so within the period of minimum opening bids and other Bureau proposes that Auction No. 33 be time allowed by this notice, you should auction procedural issues for the composed of 104 licenses in the 700 advise the contact listed below as soon upcoming auction of licenses for the 700 MHz Guard Bands, 746–747/776–777 as possible. MHz Guard Bands (Auction No. 33) and 762–764/792–794 MHz. One 4 ADDRESSES: Direct all comments to Judy scheduled to commence on June 14, megahertz license (paired 2 megahertz Boley, Federal Communications 2000. blocks) and one 2 megahertz license Commission, Room 1–C804, 445 12th DATES: Comments are due on or before (paired 1 megahertz blocks) will be Street, SW, DC 20554 or via the Internet March 22, 2000, and reply comments offered in each of 52 Major Economic to [email protected]. are due on or before March 29, 2000. Areas (MEAs). FOR FURTHER INFORMATION CONTACT: For ADDRESSES: An original and four copies 2. The following table contains the additional information or copies of the of all pleadings must be filed with the Block/Frequency Band Cross Reference information collection(s), contact Judy Commission’s Secretary, Magalie Roman List for each MEA in Auction No. 33:

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746±747, 762±764, 776±777, AND insincere bidding and provide the discretion, the Bureau will consider a 792±794 MHZ ALLOCATIONS 746± Commission with a source of funds from variety of measures of bidder activity, 747, 762±764, 776±777, AND 792± which to collect payments owed at the including, but not limited to, the 794 MHZ ALLOCATIONS close of the auction. See auction activity level, the percentage of Implementation of Section 309(j) of the licenses (as measured in bidding units) License suffix Frequency Frequency Communications Act—Competitive on which there are new bids, the Bidding, PD Docket No. 93–253 number of new bids, and the percentage A ...... 746±747 776±777 (‘‘Second Report and Order’’) 59 FR increase in revenue. We seek comment B ...... 762±764 792±794 22980 (May 4, 1994). In this case, we on these proposals. have information available in the form 8. For the 700 MHz Guard Band The Balanced Budget Act of 1997 of a congressional estimate of the value Auction, we propose the following requires the Commission to ‘‘ensure of the spectrum. Accordingly, we list all activity requirements: that, in the scheduling of any licenses, including the related license competitive bidding under this area population and the proposed Stage One: In each round of Stage subsection, an adequate period is upfront payment for each, in One, a bidder desiring to maintain its allowed * * * before issuance of Attachment A. We seek comment on current eligibility be required to be bidding rules, to permit notice and this proposal. active on licenses encompassing at least comment on proposed auction 5. We further propose that the amount 80 percent of its current bidding procedures * * *’’ Consistent with the of the upfront payment submitted by a eligibility. Failure to maintain the provisions of the Balanced Budget Act bidder will determine the initial requisite activity level will result in a and to ensure that potential bidders maximum eligibility (as measured in reduction in the bidder’s bidding have adequate time to familiarize bidding units) for each bidder. Upfront eligibility in the next round of bidding themselves with the specific rules that payments will not be attributed to (unless an activity rule waiver is used). will govern the day-to-day conduct of an specific licenses, but instead will be During Stage One, reduced eligibility for auction, the Commission directed the translated into bidding units to define a the next round will be calculated by bidder’s initial maximum eligibility, multiplying the current round activity Bureau, under its existing delegated 5 authority, to seek comment on a variety which cannot be increased during the by five-fourths ( ⁄4). of auction-specific procedures prior to auction. The maximum eligibility will Stage Two: In each round of the the start of each auction. See determine the licenses on which a second stage of the auction, a bidder Memorandum Opinion and Order, and bidder may bid in each round of the desiring to maintain its current Notice of Proposed Rule Making (‘‘Part auction. Thus, in calculating its upfront eligibility is required to be active on at 1 Order’’) 62 FR 13540 (March 21, 1997) payment amount, an applicant must least 90 percent of its current bidding and Amendment of Part 1 of the determine the maximum number of eligibility. During Stage Two, reduced Commission’s Rules—Competitive bidding units it may wish to bid on (or eligibility for the next round will be Bidding Proceeding (‘‘Part 1 Third hold high bids on) in any single round, calculated by multiplying the current Report and Order’’) 63 FR 770 (January and submit an upfront payment round activity by ten-ninths (10⁄9). 1, 1998). We therefore seek comment on covering that number of bidding units. Stage Three: In each round of Stage the following issues relating to Auction We seek comment on this proposal. Three, a bidder desiring to maintain its No. 33. C. Activity Rules current eligibility is required to be active on 98 percent of its current I. Auction Structure 6. In order to ensure that the auction bidding eligibility. In this final stage, closes within a reasonable period of A. Simultaneous Multiple Round reduced eligibility for the next round time, an activity rule requires bidders to Auction Design bid actively on a percentage of their will be calculated by multiplying the 3. We propose to award the licenses current round activity by fifty- maximum bidding eligibility during 50 in a single, simultaneous multiple- each round of the auction rather than fortyninths ( ⁄49). We seek comment on round auction to allow bidders to take waiting until the end to participate. A these proposals. advantage of any synergies that exist bidder that does not satisfy the activity D. Activity Rule Waivers and Reducing among licenses. See 700 MHz Second rule will either lose bidding eligibility Eligibility Report and Order, ¶¶ 61, 62, and 71; see in the next round or use an activity rule also 47 CFR 27.604. This methodology waiver. 9. Use of an activity rule waiver offers every license for bid at the same 7. We propose to divide the auction preserves the bidder’s current bidding time in successive bidding rounds. We into three stages: Stage One, Stage Two eligibility despite the bidder’s activity seek comment on this proposal. and Stage Three, each characterized by in the current round being below the an increased activity requirement. The required minimum level. An activity B. Upfront Payments and Initial auction will start in Stage One. We rule waiver applies to an entire round Maximum Eligibility propose that the auction will generally of bidding and not to a particular 4. The Bureau has delegated authority advance to the next stage (i.e., from license. Activity waivers are principally and discretion to determine an Stage One to Stage Two, and from Stage a mechanism for auction participants to appropriate upfront payment for each Two to Stage Three) when the auction avoid the loss of auction eligibility in license being auctioned taking into activity level, as measured by the the event that exigent circumstances account such factors as the population percentage of bidding units receiving prevent them from placing a bid in a in each geographic license area, and the new high bids, is approximately ten particular round. value of similar spectrum. The upfront percent or below for three consecutive 10. The FCC auction system assumes payment is a refundable deposit made rounds of bidding in each stage. that bidders with insufficient activity by each bidder to establish eligibility to However, we further propose that the would prefer to use an activity rule bid on licenses. Upfront payments Bureau retain the discretion to change waiver (if available) rather than lose related to the specific spectrum subject stages unilaterally by announcement bidding eligibility. Therefore, the to auction protect against frivolous or during the auction. In exercising this system will automatically apply a

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See Auction of 800 MHz Upper 10 automatic application of a waiver by Automated Auction System to conduct MHz Band, Minimum Opening Bids or reducing eligibility, thereby meeting the the electronic simultaneous multiple Reserve Prices (‘‘800 MHz SMR Order’’) minimum requirements. round auction format for Auction No. 62 FR 55252 (October 23, 1997) and 11. A bidder with insufficient activity 33. The initial bidding schedule will be Auction of the Phase II 220 MHz Service may wish to reduce its bidding announced in a public notice to be Licenses, Auction Notice and Filing eligibility rather than use an activity released at least one week before the Requirements for 908 Licenses rule waiver. If so, the bidder must start of the auction, and will be Consisting of Economic Area (EA), affirmatively override the automatic included in the registration mailings. Economic Area Grouping (EAG), and waiver mechanism during the bidding The simultaneous multiple round Nationwide Licenses, Scheduled for period by using the reduce eligibility format will consist of sequential bidding September 15, 1998, Minimum Opening function in the software. In this case, rounds, each followed by the release of Bids and Other Procedural Issues, the bidder’s eligibility is permanently round results. Details regarding the (‘‘Phase II 220 MHz Public Notice’’) 63 reduced to bring the bidder into location and format of round results will FR 35213 (June 29, 1998). A minimum compliance with the activity rules as be included in the same public notice. opening bid, rather than a reserve price, described. Once eligibility has been 16. The Bureau has discretion to will help to regulate the pace of the reduced, a bidder will not be permitted change the bidding schedule in order to auction and provides flexibility. For to regain its lost bidding eligibility. foster an auction pace that reasonably Auction No. 33, we have information 12. A bidder may proactively use an balances speed with the bidders’ need to available in the form of a congressional activity rule waiver as a means to keep study round results and adjust their estimate of the value of the spectrum. the auction open without placing a bid. bidding strategies. The Bureau may Accordingly, we list all licenses, If a bidder submits a proactive waiver increase or decrease the amount of time including the related license area (using the proactive waiver function in for the bidding rounds and review population and the proposed minimum the bidding software) during a bidding periods, or the number of rounds per opening bid for each, in Attachment A. period in which no bids are submitted, day, depending upon the bidding We seek comment on this proposal. the auction will remain open and the activity level and other factors. We seek 20. If commenters believe that these bidder’s eligibility will be preserved. An comment on this proposal. minimum opening bids will result in automatic waiver invoked in a round in substantial numbers of unsold licenses, which there are no new valid bids will B. Reserve Price or Minimum Opening or are not reasonable amounts, or not keep the auction open. Bid should instead operate as reserve prices, 13. We propose that each bidder in they should explain why this is so, and Auction No. 33 be provided with five 17. The Balanced Budget Act calls upon the Commission to prescribe comment on the desirability of an activity rule waivers that may be used alternative approach. Commenters are at the bidder’s discretion during the methods by which a reasonable reserve price will be required or a minimum advised to support their claims with course of the auction. We seek comment valuation analyses and suggested opening bid established when FCC on this proposal. reserve prices or minimum opening bid licenses are subject to auction (i.e., levels or formulas. In establishing the E. Information Relating to Auction because the Commission has accepted minimum opening bids, we particularly Delay, Suspension or Cancellation mutually exclusive applications for seek comment on such factors as, among those licenses), unless the Commission 14. For Auction No. 33, we propose other things, the amount of spectrum determines that a reserve price or that, by public notice or by being auctioned, levels of incumbency, minimum bid is not in the public announcement during the auction, the the availability of technology to provide interest. Consistent with this mandate, Bureau may delay, suspend or cancel service, the size of the geographic the Commission has directed the Bureau the auction in the event of natural service areas, issues of interference with disaster, technical obstacle, evidence of to seek comment on the use of a other spectrum bands and any other an auction security breach, unlawful minimum opening bid and/or reserve relevant factors that could reasonably bidding activity, administrative or price prior to the start of each auction. have an impact on valuation of the 700 weather necessity, or for any other 18. Normally, a reserve price is an MHz Guard Bands. Alternatively, reason that affects the fair and absolute minimum price below which comment is sought on whether, competitive conduct of competitive an item will not be sold in a given consistent with the Balanced Budget bidding. In such cases, the Bureau, in its auction. Reserve prices can be either Act; the public interest would be served sole discretion, may elect to: resume the published or unpublished. A minimum by having no minimum opening bid or auction starting from the beginning of opening bid, on the other hand, is the reserve price. the current round; resume the auction minimum bid price set at the beginning starting from some previous round; or of the auction below which no bids are C. Minimum Accepted Bids and Bid cancel the auction in its entirety. accepted. It is generally used to Increments Network interruption may cause the accelerate the competitive bidding 21. Once there is a standing high bid Bureau to delay or suspend the auction. process. Also, in a minimum opening on a license, a bid increment will be We emphasize that exercise of this bid scenario, the auctioneer generally applied to that license to establish a authority is solely within the discretion has the discretion to lower the amount minimum acceptable bid for the of the Bureau, and its use is not later in the auction. It is also possible following round. For Auction No. 33, intended to be a substitute for situations for the minimum opening bid and the we propose to use a smoothing in which bidders may wish to apply reserve price to be the same amount. methodology to calculate bid

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14564 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices increments, as we have done in several bid plus the dollar amount associated function in the software, a bidder may other auctions. The Bureau retains the with the percentage increment (variable effectively ‘‘unsubmit’’ any bid placed discretion to change the minimum bid Ii∂1 from above times the high bid). This within that round. A bidder removing a increment if it determines that result will be rounded to the nearest bid placed in the same round is not circumstances so dictate. The Bureau thousand if it is over ten thousand or to subject to withdrawal payments. will do so by announcement in the the nearest hundred if it is under ten 25. Once a round closes, a bidder may Automated Auction System. We seek thousand. no longer remove a bid. However, in the comment on these proposals. next round, a bidder may withdraw 22. The exponential smoothing Examples standing high bids from previous formula calculates the bid increment for License 1 rounds using the withdraw bid function. each license based on a weighted C = 0.5, N = 0.1, M = 0.2 A high bidder that withdraws its standing high bid from a previous round average of the activity received on each Round 1 (2 new bids, high bid = is subject to the bid withdrawal license in all previous rounds. This $1,000,000) payment provisions. We seek comment methodology will tailor the bid i. Calculation of percentage increment on these bid removal and bid increment for each license based on for round 2 using exponential withdrawal procedures. activity, rather than setting a global smoothing: increment for all licenses. For every 26. In the Part 1 Third Report and A = (0.5 * 2) + (0.5 * 0) = 1 license that receives a bid, the bid 1 Order, the Commission explained that increment for the next round for that The smaller of I2 = (1 + 1) * 0.1 = 0.2 allowing bid withdrawals facilitates license will be established using the or 0.2 (the maximum percentage efficient aggregation of licenses and the exponential smoothing formula. increment) pursuit of efficient backup strategies as 23. The calculation of the percentage ii. Minimum bid increment for round information becomes available during bid increment for each license in a given 2 using the percentage increment (I2 the course of an auction. The round is made at the end of the previous from above) Commission noted, however, that, in round. The computation is based on an 0.2 * $1,000,000 = $200,000 some instances, bidders may seek to activity index, which is calculated as withdraw bids for improper reasons. iii. Minimum acceptable bid for round The Bureau, therefore, has discretion, in the weighted average of the activity in 2 = $1,200,000 that round and the activity index from managing the auction, to limit the Round 2 (3 new bids, high bid = number of withdrawals to prevent any the prior round. The activity index at $2,000,000) the start of the auction (round 0) will be bidding abuses. The Commission stated i. Calculation of percentage increment set at 0. The current activity index is that the Bureau should assertively for round 3 using exponential equal to a weighting factor times the exercise its discretion, consider limiting smoothing: number of new bids received on the the number of rounds in which bidders license in the most recent bidding round A2 = (0.5 * 3) + (0.5 * 1) = 2 may withdraw bids, and prevent bidders from bidding on a particular market if plus one minus the weighting factor The smaller of I3 = (1 + 2) * 0.1 = 0.3 times the activity index from the prior or 0.2 (the maximum percentage the Bureau finds that a bidder is abusing round. The activity index is then used increment) the Commission’s bid withdrawal to calculate a percentage increment by procedures. ii. Minimum bid increment for round 27. Applying this reasoning, we multiplying a minimum percentage 3 using the percentage increment (I3 propose to limit each bidder in Auction increment by one plus the activity index from above) No. 33 to withdraw standing high bids with that result being subject to a 0.2 * $2,000,000 = $400,000 in no more than two rounds during the maximum percentage increment. The iii. Minimum acceptable bid for round course of the auction. To permit a Commission will initially set the 3 = $2,400,000 bidder to withdraw bids in more than weighting factor at 0.5, the minimum Round 3 (1 new bid, high bid = two rounds would likely encourage percentage increment at 0.1, and the $2,400,000) insincere bidding or the use of maximum percentage increment at 0.2. i. Calculation of percentage increment withdrawals for anti-competitive Equations for round 4 using exponential strategic purposes. The two rounds in smoothing: which withdrawals are utilized will be Ai = (C * Bi) + ( (1–C) * Ai±1) Ii∂1 = smaller of ( (1 + Ai) * N) and M A3 = (0.5 * 1) + (0.5 * 2) = 1.5 at the bidder’s discretion; withdrawals otherwise must be in accordance with where, The smaller of I4 = (1 + 1.5) * 0.1 = 0.25 Ai = activity index for the current round or 0.2 (the maximum percentage the Commission’s rules. There is no (round i) increment) limit on the number of standing high bids that may be withdrawn in either of C = activity weight factor ii. Minimum bid increment for round the rounds in which withdrawals are Bi = number of bids in the current round 4 using the percentage increment (I (round i) 4 utilized. Withdrawals will remain from above) Ai±1 = activity index from previous subject to the bid withdrawal payment 0.2 * $2,400,000 = $480,000 round (round i–1), A0 is 0 provisions specified in the Ii∂1 = percentage bid increment for the iii. Minimum acceptable bid for round Commission’s rules. We seek comment next round (round i+1) 4 = $2,880,000 on this proposal. N = minimum percentage increment or D. Information Regarding Bid bid increment floor E. Stopping Rule Withdrawal and Bid Removal M = maximum percentage increment or 28. For Auction No. 33, the Bureau bid increment ceiling 24. For Auction No. 33, we propose proposes to employ a simultaneous Under the exponential smoothing the following bid removal and bid stopping rule approach. The Bureau has methodology, once a bid has been withdrawal procedures. Before the close discretion ‘‘to establish stopping rules received on a license, the minimum of a bidding period, a bidder has the before or during multiple round acceptable bid for that license in the option of removing any bids placed in auctions in order to terminate the following round will be the new high that round. By using the remove bid auction within a reasonable time.’’ A

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14565 simultaneous stopping rule means that Federal Communications Commission. 3. Report from the Interoperability all licenses remain open until the first Louis J. Sigalos, Subcommittee round in which no new acceptable bids, Deputy Chief, Auctions & Industry Analysis 4. Report from the Technology proactive waivers or withdrawals are Division. Subcommittee received. After the first such round, [FR Doc. 00–6652 Filed 3–16–00; 8:45 am] 5. Report from the Implementation bidding closes simultaneously on all BILLING CODE 6712±01±P Subcommittee licenses. Thus, unless circumstances 6. Public Discussion dictate otherwise, bidding would 7. Other Business remain open on all licenses until FEDERAL COMMUNICATIONS 8. Upcoming Meeting Dates and bidding stops on every license. COMMISSION Locations 29. The Bureau seeks comment on a 9. Closing Remarks modified version of the simultaneous [DA 00±546] The FCC has established the Public stopping rule. The modified stopping Safety National Coordination Public Safety National Coordination Committee, pursuant to the provisions rule would close the auction for all Committee licenses after the first round in which of the Federal Advisory Committee Act, to advise the Commission on a variety no bidder submits a proactive waiver, a AGENCY: Federal Communications of issues relating to the use of the 24 withdrawal, or a new bid on any license Commission. MHz of spectrum in the 764–776/794– on which it is not the standing high ACTION: Notice. bidder. Thus, absent any other bidding 806 MHz frequency bands (collectively, activity, a bidder placing a new bid on SUMMARY: This document advises the 700 MHz band) that has been a license for which it is the standing interested persons of a meeting of the allocated to public safety services. See high bidder would not keep the auction Public Safety National Coordination The Development of Operational, open under this modified stopping rule. Committee (‘‘NCC’’), which will be held Technical and Spectrum Requirements The Bureau further seeks comment on in Washington, D.C. The Federal For Meeting Federal, State and Local whether this modified stopping rule Advisory Committee Act, Public Law Public Safety Agency Communications should be used unilaterally or only in 92–463, as amended, requires public Requirements Through the Year 2010 stage three of the auction. notice of all meetings of the NCC. This and Establishment of Rules and 30. The Bureau proposes to retain the notice advises interested persons of the Requirements For Priority Access discretion to keep an auction open even seventh meeting of the Public Safety Service, WT Docket No. 96–86, First if no new acceptable bids or proactive National Coordination Committee. Report and Order and Third Notice of Proposed Rulemaking, FCC 98–191, 14 waivers are submitted and no previous DATES: April 7, 2000 at 1 p.m.–4 p.m. FCC Rcd 152 (1998), 63 FR 58645 (11– high bids are withdrawn. In this event, ADDRESSES: Federal Communications the effect will be the same as if a bidder 2–98). Commission, 445 12th Street, S.W., The NCC has an open membership. had submitted a proactive waiver. The Washington, D.C. 20554. activity rule, therefore, will apply as Previous expressions of interest in FOR FURTHER INFORMATION CONTACT: usual, and a bidder with insufficient membership have been received in activity will either lose bidding Designated Federal Officer, Michael J. response to several Public Notices eligibility or use a remaining activity Wilhelm, (202) 418–0680, e-mail inviting interested persons to become rule waiver. [email protected]. Press Contact, members and to participate in the NCC’s 31. Finally, we propose that the Meribeth McCarrick, Wireless processes. All persons who have Bureau reserve the right to declare that Telecommunications Bureau, 202–418– previously identified themselves or the auction will end after a specified 0600, or e-mail [email protected]. have been designated as a representative number of additional rounds (‘‘special SUPPLEMENTARY INFORMATION: Following of an organization are deemed members stopping rule’’). If the Bureau invokes is the complete text of the Public Notice: and are invited to attend. All other this special stopping rule, it will accept This Public Notice advises interested interested parties are hereby invited to bids in the final round(s) only for persons of the seventh meeting of the attend and to participate in the NCC licenses on which the high bid Public Safety National Coordination processes and its meetings and to increased in at least one of the Committee (‘‘NCC’’), which will be held become members of the Committee. preceding specified number of rounds. in Washington, D.C. The Federal This policy will ensure balanced The Bureau proposes to exercise this Advisory Committee Act, Public Law participation. Members of the general option only in certain circumstances, 92–463, as amended, requires public public may attend the meeting. To such as, for example, where the auction notice of all meetings of the NCC. attend the seventh meeting of the Public is proceeding very slowly, there is Date: April 7, 2000 Safety National Coordination minimal overall bidding activity, or it Meeting Time: General Membership Committee, please RSVP to Joy Alford appears likely that the auction will not Meeting—1 p.m.–4 p.m. or Bert Weintraub of the Policy and close within a reasonable period of time. ADDRESS: Federal Communications Rules Branch of the Public Safety and Before exercising this option, the Commission, 445 12th Street, S.W., Private Wireless Division, Wireless Bureau is likely to attempt to increase Commission Meeting Room, Telecommunications Bureau of the FCC the pace of the auction by, for example, Washington, D.C. 20554. by calling (202) 418–0680, by faxing moving the auction into the next stage The NCC Subcommittees will meet (202) 418–2643, or by E-mailing at (where bidders would be required to from 8:30 a.m. to 11:30 p.m., continuing [email protected] or [email protected]. maintain a higher level of bidding their meetings from the previous day. Please provide your name, the activity), increasing the number of The NCC General Membership Meeting organization you represent, your phone bidding rounds per day, and/or will commence at 1 p.m. and continue number, fax number and e-mail address. increasing the amount of the minimum until 4 p.m. The agenda for the NCC This RSVP is for the purpose of bid increments for the limited number membership meeting is as follows: determining the number of people who of licenses where there is still a high 1. Introduction and Welcoming will attend this seventh meeting. The level of bidding activity. We seek Remarks FCC will attempt to accommodate as comment on these proposals. 2. Administrative Matters many people as possible. However,

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14566 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices admittance will be limited to the seating available in paper format and alternative hand-delivered to the guard station at available. Persons requesting media, including large print/type; the rear of the 17th Street Building accommodations for hearing disabilities digital disk; and audio tape. ITS may be (located on F Street), on business days should contact Joy Alford immediately reached by e-mail: between 7 a.m. and 5 p.m. [FAX number at (202) 418–7233 (TTY). Persons [email protected]. Their Internet (202) 898–3838; Internet address: requesting accommodations for other address is http://www.itsi.com. comments@ fdic.gov]. Comments may physical disabilities should contact Joy This meeting can be viewed over also be submitted to the OMB desk Alford immediately at (202) 418–0694 George Mason University’s Capitol officer for the FDIC: Alexander Hunt, or via e-mail at [email protected]. The Connection. The Capitol Connection Office of Information and Regulatory public may submit written comments to also will carry the meeting live via the Affairs, Office of Management and the NCC’s Designated Federal Officer Internet. For information on these Budget, New Executive Office Building, before the meeting. services call (703) 993–3100. The audio Room 3208, Washington, D.C. 20503. Additional information about the NCC portion of the meeting will be broadcast FOR FURTHER INFORMATION CONTACT: and NCC-related matters can be found live on the Internet via the FCC’s Tamara R. Manly, at the address on the NCC website located at: http:// Internet audio broadcast page at . The meeting SUPPLEMENTARY INFORMATION: ncc.html. can also be heard via telephone, for a Proposal to renew the following currently Federal Communications Commission. fee, from National Narrowcast Network, telephone (202) 966–2211 or fax (202) approved collection of information: Jeanne Kowalski, Title: Forms Relating to FDIC Outside Deputy Chief, Public Safety and Private 966–1770. Audio and video tapes of this meeting can be purchased from Infocus, Counsel Services. Wireless Division, Wireless OMB Number: 3064–0122. Telecommunications Bureau. 341 Victory Drive, Herndon, VA 20170, Form Number: 5200/01. [FR Doc. 00–6672 Filed 3–16–00; 8:45 am] telephone (703) 834–0100; fax number Frequency of Response: On occasion. BILLING CODE 6712±01±U (703) 834–0111. Affected Public: Legal service firms Federal Communications Commission. and businesses. Magalie Roman Salas, Estimated Number of Respondents: FEDERAL COMMUNICATIONS Secretary. COMMISSION 500. [FR Doc. 00–6871 Filed 3–15–00; 3:18 pm] Estimated Time per Response: 1 hour. Sunshine Act Meeting BILLING CODE 6712±01±M Estimated Total Annual Burden: 500 hours. March 10, 2000. The Federal Communications General Description of Collection: The FEDERAL DEPOSIT INSURANCE collection ensures that law firms that Commission will hold an Open Meeting CORPORATION on the subjects listed below on Friday, seek to provide legal services to the FDIC meet the eligibility requirements March 17, 2000, which is scheduled to Agency Information Collection established by Congress. commence at 9:30 a.m. in Room TW– Activities: Proposed Collection; C305, at 445 12th Street, SW, Comment Request Request for Comment Washington, DC. AGENCY: Federal Deposit Insurance Comments are invited on: (a) whether Item No., Bureau, and Subject Corporation (FDIC). the collection of information is 1—Common Carrier and Wireless Tele- ACTION: Notice and request for comment. necessary for the proper performance of communications—Title: Numbering the FDIC’s functions, including whether Resource Optimization (CC Docket No. 99– SUMMARY: The FDIC, as part of its the information has practical utility; (b) 200). Summary: The Commission will continuing effort to reduce paperwork the accuracy of the estimates of the consider a Report and Order and Further and respondent burden, invites the burden of the information collection, Notice of Proposed Rule Making concerning strategies for numbering general public and other Federal including the validity of the resource optimization. agencies to take this opportunity to methodology and assumptions used; (c) 2—Office of Engineering and Technology— comment on proposed and/or ways to enhance the quality, utility, and Title: Inquiry Regarding Software Defined continuing information collections, as clarity of the information to be Radios. Summary: The Commission will required by the Paperwork Reduction collected; and (d) ways to minimize the consider a notice of Inquiry concerning Act of 1995 (44 U.S.C. chapter 35). burden of the information collection on issues related to software defined radio Currently, the FDIC is soliciting respondents, including through the use technology, including the current state of software defined radio technology, comments concerning an information of automated collection techniques or interoperability between radio services, the collection titled ‘‘Forms Relating to other forms of information technology. efficiency of spectrum use, and the FDIC Outside Counsel Services.’’ At the end of the comment period, the equipment approval process. DATES: Comments must be submitted on comments and recommendations Additional information concerning or before May 16, 2000. received will be analyzed to determine this meeting may be obtained from ADDRESSES: Interested parties are the extent to which the collection Maureen Peratino or David Fiske, Office invited to submit written comments to should be modified prior to submission of Media Relations, telephone number Tamara R. Manly, Management Analyst to OMB for review and approval. (202) 418–0500; TTY (202) 418–2555. (Regulatory Analysis), (202) 898–7453, Comments submitted in response to this Copies of materials adopted at this Office of the Executive Secretary, Room notice also will be summarized or meeting can be purchased from the F–4058, Attention: Comments/OES, included in the FDIC’s requests to OMB FCC’s duplicating contractor, Federal Deposit Insurance Corporation, for renewal of this collection. All International Transcription Services, 550 17th Street N.W., Washington, D.C. comments will become a matter of Inc. (ITS, Inc.) at (202) 857–3800; fax 20429. All comments should refer to public record. (202) 857–3805 and 857–3184; or TTY ‘‘Forms Relating to FDIC Outside Dated at Washington, D.C., this 10th day of (202) 293–8810. These copies are Counsel Services.’’ Comments may be March, 2000.

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Federal Deposit Insurance Corporation. Estimated Number of Respondents: SUMMARY: The FDIC, as part of its Robert E. Feldman, 3,620. continuing effort to reduce paperwork Executive Secretary. Estimated Time per Response: Form and respondent burden, invites the [FR Doc. 00–6708 Filed 3–16–00; 8:45 am] F–7 (1 hour); Form F–8 (0.5) hour; Form general public and other Federal BILLING CODE 6714±01±U F–8A (1 hour) agencies to take this opportunity to Estimated Total Annual Burden: comment on proposed and/or 2,220 hours. continuing information collections, as FEDERAL DEPOSIT INSURANCE General Description of Collection: The required by the Paperwork Reduction CORPORATION information is collected from FDIC- Act of 1995 (44 U.S.C. chapter 35). supervised banks and from officers, Currently, the FDIC is soliciting Agency Information Collection directors and shareholders subject to the comments concerning an information Activities: Proposed Collection; securities registration requirements of collection titled ‘‘Notices Required of Comment Request the Securities Exchange Act of 1934, as Government Securities Dealers or AGENCY: Federal Deposit Insurance amended. The information is considered Brokers (Insured State Nonmember Corporation (FDIC). necessary for actual and potential Banks).’’ ACTION: Notice and request for comment. investors making investment decisions DATES: Comments must be submitted on concerning securities issued by or before May 16, 2000. SUMMARY: The FDIC, as part of its reporting banks. ADDRESSES: Interested parties are continuing effort to reduce paperwork Request for Comment invited to submit written comments to and respondent burden, invites the Tamara R. Manly, Management Analyst general public and other Federal Comments are invited on: (a) Whether (Regulatory Analysis), (202) 898–7453, agencies to take this opportunity to the collection of information is Office of the Executive Secretary, Room comment on proposed and/or necessary for the proper performance of F–4058, Attention: Comments/OES, continuing information collections, as the FDIC’s functions, including whether Federal Deposit Insurance Corporation, required by the Paperwork Reduction the information has practical utility; (b) 550 17th Street N.W., Washington, D.C. Act of 1995 (44 U.S.C. chapter 35). the accuracy of the estimates of the 20429. All comments should refer to Currently, the FDIC is soliciting burden of the information collection, ‘‘Notices Required of Government comments concerning an information including the validity of the Securities Dealers or Brokers (Insured collection titled ‘‘Securities of Insured methodology and assumptions used; (c) State Nonmember Banks).’’ Comments Nonmember Banks.’’ ways to enhance the quality, utility, and may be hand-delivered to the guard DATES: Comments must be submitted on clarity of the information to be station at the rear of the 17th Street or before May 16, 2000. collected; and (d) ways to minimize the Building (located on F Street), on ADDRESSES: Interested parties are burden of the information collection on business days between 7 a.m. and 5 p.m. invited to submit written comments to respondents, including through the use [FAX number (202) 898–3838; Internet Tamara R. Manly, Management Analyst of automated collection techniques or address: comments@ fdic.gov]. (Regulatory Analysis), (202) 898–7453, other forms of information technology. Comments may also be submitted to the Office of the Executive Secretary, Room At the end of the comment period, the OMB desk officer for the FDIC: F–4058, Attention: Comments/OES, comments and recommendations Alexander Hunt, Office of Information Federal Deposit Insurance Corporation, received will be analyzed to determine and Regulatory Affairs, Office of 550 17th Street N.W., Washington, D.C. the extent to which the collection Management and Budget, New 20429. All comments should refer to should be modified prior to submission Executive Office Building, Room 3208, ‘‘Securities of Insured Nonmember to OMB for review and approval. Washington, D.C. 20503. Banks.’’ Comments may be hand- Comments submitted in response to this FOR FURTHER INFORMATION CONTACT: delivered to the guard station at the rear notice also will be summarized or Tamara R. Manly, at the address of the 17th Street Building (located on included in the FDIC’s requests to OMB identified above. F Street), on business days between 7 for renewal of this collection. All SUPPLEMENTARY INFORMATION: Proposal a.m. and 5 p.m. [FAX number (202) comments will become a matter of to renew the following currently 898–3838; Internet address: comments@ public record. approved collection of information: fdic.gov]. Comments may also be Dated at Washington, D.C., this 10th day of Title: Notices Required of Government submitted to the OMB desk officer for March, 2000. Securities Dealers or Brokers (Insured the FDIC: Alexander Hunt, Office of Federal Deposit Insurance Corporation. State Nonmember Banks). Information and Regulatory Affairs, Robert E. Feldman, OMB Number: 3064–0093. Office of Management and Budget, New Executive Secretary. Form Number: G–FIN, G–FINW, G– Executive Office Building, Room 3208, FIN–4, G–FIN–5. [FR Doc. 00–6709 Filed 3–16–00; 8:45 am] Washington, D.C. 20503. Frequency of Response: On occasion. FOR FURTHER INFORMATION CONTACT: BILLING CODE 6714±01±U Affected Public: All financial Tamara R. Manly, at the address institutions. Estimated Number of Respondents: identified above. FEDERAL DEPOSIT INSURANCE 180. SUPPLEMENTARY INFORMATION: Proposal CORPORATION to renew the following currently Estimated Time per Response: 1 hour. approved collection of information: Agency Information Collection Estimated Total Annual Burden: 180 Title: Securities of Insured Activities: Proposed Collection; hours. General Description of Collection: The Nonmember Banks. Comment Request OMB Number: 3064–0030. Government Securities Act of 1986 Form Number: F–7, F–8, F–8A. AGENCY: Federal Deposit Insurance requires all financial institutions acting Frequency of Response: Annually. Corporation (FDIC). as government securities brokers and Affected Public: All financial dealers to notify their federal regulatory ACTION: Notice and request for comment. institutions. agencies of their broker-dealer activities,

VerDate 132000 19:29 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14568 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices unless exempted from the notice This long-standing interpretation is by section 5 (‘‘engaged in the business requirement by Treasury Department confirmed in this General Counsel’s of receiving deposits other than trust regulation. opinion. As set out in this opinion, the funds’’) also appears in section 8 and statutory requirement of being ‘‘engaged section 3 of the FDI Act. Under section Request for Comment in the business of receiving deposits 8, the FDIC is obligated to terminate the Comments are invited on: (a) Whether other than trust funds’’ is satisfied by insured status of any depository the collection of information is the continuous maintenance of one or institution ‘‘not engaged in the business necessary for the proper performance of more non-trust deposits in the aggregate of receiving deposits, other than trust the FDIC’s functions, including whether amount of $500,000. funds * * *.’’ 12 U.S.C. 1818(p). In the information has practical utility; (b) FOR FURTHER INFORMATION CONTACT: section 3, the term ‘‘State bank’’ is the accuracy of the estimates of the Christopher L. Hencke, Counsel, Legal defined in such a way as to include only burden of the information collection, Division, (202) 898–8839, Federal those State banking institutions including the validity of the Deposit Insurance Corporation, 550 17th ‘‘engaged in the business of receiving methodology and assumptions used; (c) Street, N.W., Washington, D.C. 20429. deposits, other than trust funds ways to enhance the quality, utility, and * * * .’’ 12 U.S.C. 1813(a)(2). This clarity of the information to be Text of General Counsel’s Opinion definition is significant because the collected; and (d) ways to minimize the General Counsel’s Opinion No. 12, term ‘‘State bank’’ appears in a number burden of the information collection on Engaged in the Business of Receiving of sections of the FDI Act. respondents, including through the use Deposits Other Than Trust Funds For many years the FDIC has applied of automated collection techniques or By William F. Kroener, III, General the statutory phrase on a case-by-case other forms of information technology. Counsel basis. In applying the phrase, the FDIC At the end of the comment period, the has approved applications from comments and recommendations Introduction institutions that did not intend to accept received will be analyzed to determine The FDIC is authorized to approve or non-trust deposits from the general the extent to which the collection disapprove applications for federal public. The FDIC has thus found that should be modified prior to submission deposit insurance. See 12 U.S.C. 1815. the acceptance of non-trust deposits to OMB for review and approval. In determining whether to approve from the public at large is not a Comments submitted in response to this deposit insurance applications, the necessary component of being ‘‘engaged notice also will be summarized or FDIC considers the seven factors set in the business of receiving [non-trust] included in the FDIC’s requests to OMB forth in the Federal Deposit Insurance deposits.’’ The acceptance of non-trust for renewal of this collection. All Act (FDI Act). These factors are (1) the deposits from a particular group (such comments will become a matter of financial history and condition of the as affiliates or trust customers) has been public record. depository institution; (2) the adequacy deemed by the FDIC to be sufficient. Dated at Washington, D.C., this 10th day of of the institution’s capital structure; (3) Prior to 1991 the Office of the March, 2000. the future earnings prospects of the Comptroller of the Currency (OCC) was Federal Deposit Insurance Corporation. institution; (4) the general character and responsible for determining whether Robert E. Feldman, fitness of the management of the new national banks would be ‘‘engaged Executive Secretary. institution; (5) the risk presented by the in the business of receiving [non-trust] [FR Doc. 00–6710 Filed 3–16–00; 8:45 am] institution to the Bank Insurance Fund deposits.’’ See 12 U.S.C. 1814(b) (1980). or the Savings Association Insurance BILLING CODE 6714±01±U The OCC similarly never adopted an Fund; (6) the convenience and needs of interpretation that would require new the community to be served by the national banks to accept non-trust FEDERAL DEPOSIT INSURANCE institution; and (7) whether the deposits from the general public. CORPORATION institution’s corporate powers are consistent with the purposes of the FDI The long-standing practices of the FDIC and the OCC have not been General Counsel's Opinion No. 12, Act. 12 U.S.C. 1816. Also, the FDIC sufficient to remove all questions as to Engaged in the Business of Receiving must determine as a threshold matter the proper interpretation of being Deposits Other Than Trust Funds that an applicant is a ‘‘depository institution which is engaged in the ‘‘engaged in the business of receiving AGENCY: Federal Deposit Insurance business of receiving deposits other deposits other than trust funds.’’ Corporation (FDIC). than trust funds * * *.’’ 12 U.S.C. Questions have arisen from time to time about the application of the agencies’ ACTION: Notice of General Counsel’s 1815(a)(1). Applicants that do not long-standing interpretation in the Opinion No. 12. satisfy this threshold requirement are ineligible for deposit insurance. context of certain non-traditional SUMMARY: Section 5 of the Federal The FDIC applies the seven statutory depository institutions, such as credit Deposit Insurance Act provides that an factors in accordance with a ‘‘Statement card banks and trust companies. applicant for deposit insurance must be of Policy on Applications for Deposit The purpose of this General Counsel’s ‘‘engaged in the business of receiving Insurance.’’ See 63 FR 44752 (August opinion is to clarify the Legal Division’s deposits other than trust funds.’’ The 20, 1998). The Statement of Policy interpretation of being ‘‘engaged in the statute has included this phrase since discusses each of the factors at length; business of receiving deposits other 1950. During the past half century the however, it does not address the than trust funds.’’ Although the primary FDIC has construed the phrase so as to threshold requirement that an applicant purpose of this opinion is to provide accommodate the evolving nature of be ‘‘engaged in the business of receiving guidance to applicants for deposit banking. The phrase has been deposits other than trust funds.’’ insurance under section 5 of the FDI interpreted on a case-by-case basis to The threshold requirement for Act, the interpretation in this opinion encompass non-traditional banks that obtaining federal deposit insurance is also applies to section 8 (dealing with do not accept unlimited non-trust set forth in section 5 of the FDI Act. See terminations) and section 3 (definition deposits from the general public. 12 U.S.C. 1815(a)(1). The language used of ‘‘State bank’’).

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Factors section 8 provides that the FDIC’s the opening of an account initiates a finding is ‘‘conclusive.’’ See id. continuing business relationship with A number of factors must be The statutory phrase (‘‘engaged in the periodic withdrawals, deposits, considered in determining whether a business of receiving deposits, other rollovers and the accrual of interest. For depository institution should be than trust funds’’) also appears in this reason the statutory phrase regarded by the FDIC as ‘‘engaged in the section 3. In that section, the term (‘‘engaged in the business of receiving business of receiving deposits other ‘‘State bank’’ is defined in such a way deposits other than trust funds’’) can be than trust funds.’’ These factors are (1) as to include only those State banking interpreted as encompassing the holding the statutory language; (2) the legislative institutions ‘‘engaged in the business of of one or few non-trust deposit history; (3) the practices of the FDIC and receiving deposits, other than trust accounts. Nothing in the statute the OCC; (4) construction with other funds * * *.’’ 12 U.S.C. 1813(a)(2). specifies that an institution must receive federal banking law; (5) the relevant The statutory language is not a continuing stream of non-trust case law; and (6) State banking statutes. unambiguous but requires interpretation deposits from the general public. Below, each of these factors is by the FDIC in a number of respects. considered in interpreting the statutory The statute does not specify whether a Legislative History phrase in the FDI Act. depository institution must hold a The phrase ‘‘engaged in the business of receiving deposits’’ can be traced to Statutory Language particular dollar amount of deposits in order to be ‘‘engaged in the business of the Banking Act of 1935 (Pub. L. 74– Under section 5 of the FDI Act an receiving [non-trust] deposits.’’ 305). In that Act the term ‘‘State bank’’ applicant cannot obtain federal deposit Similarly, the statute does not specify was defined as any bank, banking insurance unless it is ‘‘engaged in the whether a depository institution must association, trust company, savings business of receiving deposits other accept a particular number of deposits bank or other banking institution than trust funds.’’ 12 U.S.C. 1815(a)(1). within a particular period in order to be ‘‘which is engaged in the business of The Act does not define ‘‘engaged in the ‘‘engaged in the business of receiving receiving deposits.’’ This qualification business of receiving deposits other [non-trust] deposits.’’ In addition, the has been retained in the FDI Act, which than trust funds’’; however, it defines statute does not specify whether a also defines ‘‘State bank’’ in such a ‘‘deposit’’ and ‘‘trust funds.’’ See 12 depository institution must accept non- manner as to include only those U.S.C. 1813(l); 12 U.S.C. 1813(p). The trust deposits from the general public as institutions ‘‘engaged in the business of former term (‘‘deposit’’) includes but is opposed to accepting deposits from one receiving deposits, other than trust not limited to the latter term (‘‘trust or more members of a particular group funds.’’ 12 U.S.C. 1813(a)(2). funds’’). See 12 U.S.C. 1813(l)(2). The (such as affiliates or trust customers). The qualification relating to ‘‘trust latter term is defined as funds held by All these questions are unanswered and funds’’ can be traced to the Banking Act an insured depository institution in a left to the FDIC for consideration and of 1950 (Pub. L. 81–797). In the fiduciary capacity, including funds held determination. applicable House Report the purpose of as trustee, executor, administrator, One possible interpretation is that an this qualification is explained as guardian or agent. See 12 U.S.C. insured depository institution must follows: ‘‘The term ‘State bank’ is 1813(p). receive a continuing stream of non-trust redefined to exclude banking deposits from the general public. The institutions (certain trust companies) An applicant cannot be insured by the statute refers to the ‘‘receiving’’ of which do not receive deposits other FDIC if it receives ‘‘trust funds’’ alone. ‘‘deposits’’; however, the statute also than trust funds. There appears to be no Under section 5, it also must be engaged defines ‘‘deposit’’ in such a way as to necessity for such institutions being in the business of receiving non-trust or equate ‘‘receiving’’ and ‘‘holding.’’ See insured, as they place most of their non-fiduciary deposits. Generally, the 12 U.S.C. 1813(l)(1). Moreover, the uninvested funds on deposit in insured FDI Act defines ‘‘deposit’’ as the unpaid statute recognizes that a single deposit banks, retaining only nominal amounts, balance of money or its equivalent can be accepted or ‘‘received’’ many if any, in their own institutions.’’ H.R. received or held by a bank or savings times through rollovers. See 12 U.S.C. Rep. No. 2564, reprinted in 1950 association in the usual course of 1831f(b) (dealing with the acceptance of U.S.C.C.A.N. 3765, 3768. The term business and for which it has given or brokered deposits). Thus, the word ‘‘nominal amounts’’ refers to uninvested is obligated to give credit, either ‘‘receiving’’ in the statute can be trust funds held by the institution; it conditionally or unconditionally, to a reconciled with the holding—and does not apply to non-trust deposits. commercial, checking, savings, time, or periodic renewal or rollover—of a single The House Report indicates that a thrift account, or which is evidenced by certificate of deposit. Similarly, the trust company cannot obtain insurance its certificate of deposit, thrift plural word ‘‘deposits’’ is not if it does not receive any non-trust certificate, investment certificate, inconsistent with the holding of a single deposits. It provides no guidance, certificate of indebtedness or other such deposit account because multiple however, as to whether a trust company certificate. See 12 U.S.C. 1813(l)(1). deposits of funds can be made into a can be insured if it accepts a small The corollary to section 5 of the FDI single account. A depositor might, for amount of non-trust deposits from a Act is section 8. Under the latter section example, make a deposit of funds every particular group (such as affiliates or the FDIC must terminate the insured month into the same account. The trust customers) as opposed to a large status of any depository institution ‘‘not accrual of interest would represent an amount or continuing stream of non- engaged in the business of receiving additional deposit into the same trust deposits from the general public. deposits, other than trust funds * * *.’’ account. In the case of a certificate of In essence, the House Report simply 12 U.S.C. 1818(p). Significantly, section deposit, the deposit would be replaced paraphrases the statutory language that 8 does not provide for any judicial with a new deposit at maturity. an insured depository institution must determination of whether a depository The ambiguity of the statutory be ‘‘engaged in the business of receiving institution is ‘‘not engaged in the language results from the nature of the deposits other than trust funds.’’ business of receiving [non-trust] banking business. The opening of a A more useful reflection of deposits’’ or judicial review of the deposit account does not represent a Congressional intent may be found in FDIC’s finding on this issue. Rather, completed, isolated transaction. Rather, legislation enacted after the FDIC and

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The institution did not intend The practices of the FDIC and the OCC. to accept non-trust deposits from the OCC support a broad, flexible general public. interpretation of being ‘‘engaged in the Practices of the FDIC and the OCC Because the FDIC has never adopted business of receiving deposits other The FDIC has acted on a case-by-case a formal interpretation or guidelines, the than trust funds.’’ The agencies have basis in determining whether depository FDIC’s interpretation has been subject to approved applications from institutions institutions are ‘‘engaged in the business questions from time to time. In 1991 the that did not intend to accept deposits of receiving deposits other than trust FDIC contemplated whether the insured from the general public. Neither agency funds.’’ The FDIC has never adopted a status of certain national trust has ever specifically adopted the formal interpretation or set of companies should be terminated under position that an insured depository guidelines. Under section 5 the FDIC for section 8 of the FDI Act because the institution must accept non-trust many years has approved applications trust companies held few or no non- deposits from the general public. for deposit insurance from non- trust deposits. The issue was not The Bank Holding Company Act traditional depository institutions with resolved because the institutions few non-trust deposits. This practice terminated their insurance voluntarily. The FDI Act also must be reconciled began at least as early as 1969 with The practices of the OCC also are with the Bank Holding Company Act of Bessemer Trust Company (Bessemer) relevant. Prior to 1991 the OCC was 1956 (BHCA) as amended by the located in Newark, New Jersey. responsible for determining whether Competitive Equality Banking Act of Originally, Bessemer was an uninsured national banks satisfied the threshold 1987, Pub. L. No. 100–86 (CEBA). In the trust company that accepted no deposits statutory requirements for obtaining BHCA the definition of ‘‘bank’’ includes except deposits related to its trust deposit insurance. See 12 U.S.C. 1814(b) banks insured by the FDIC. See 12 business. In 1969 Bessemer decided to (1980). In exercising this authority the U.S.C. 1841(c)(1). A list of exceptions offer non-trust checking accounts to its OCC chartered a number of national includes institutions functioning solely trust customers. Bessemer did not offer banks with limited deposit-taking in a trust or fiduciary capacity if several non-trust deposit accounts to the functions on the basis that such banks conditions are satisfied. The conditions general public. Notwithstanding this were ‘‘engaged in the business of related to deposit-taking are: (1) All or fact, the FDIC approved Bessemer’s receiving deposits other than trust substantially all of the deposits of the application for deposit insurance. funds.’’ institution must be trust funds; (2) In the 1970s the FDIC approved more A significant statutory change insured deposits of the institution must applications from banks that intended to occurred in 1991. At that time Congress not be offered through an affiliate; and serve limited groups of customers. provided that all applicants for deposit (3) the institution must not accept Again, the FDIC did not object to the insurance must apply directly to the demand deposits or deposits that the fact that the banks did not intend to FDIC. See 12 U.S.C. 1815(a). Congress depositor may withdraw by check or accept non-trust deposits from the thus authorized the FDIC to make the similar means. See 12 U.S.C. general public. Some of these banks requisite determination as to whether 1841(c)(2)(D)(i)–(iii). The significant were ‘‘Regulation Y’’ trust companies any applicant for deposit insurance conditions are (1) and (2). The first under the Bank Holding Company Act would be ‘‘engaged in the business of condition provides that all or (BHCA). See 12 U.S.C. 1843(c); 12 CFR receiving deposits other than trust substantially all of the deposits of the Part 225. The FDIC took the position funds.’’ In making this change, Congress institution must be trust funds; the that the statutory language (‘‘engaged in made no objection to the practices of the second condition involves ‘‘insured the business of receiving [non-trust] FDIC and the OCC in extending deposits.’’ Thus, the statute deposits’’) should be construed very insurance to institutions with limited contemplates that a trust company— broadly so as to promote public deposit-taking activities. Thus, Congress functioning solely as a trust company confidence in the greatest number of accepted this practice. See Lorillard v. and holding no deposits (or institutions. Pons, 434 U.S. 575 (1978). In addition, substantially no deposits) except trust In the 1980s the FDIC staff reviewed Congress accepted this practice through deposits—could hold ‘‘insured the meaning of being ‘‘engaged in the the enactment of certain provisions in deposits.’’ In other words, the BHCA business of receiving [non-trust] the Bank Holding Company Act contemplates that an institution could deposits.’’ The staff noted questions (discussed in the next section). be insured by the FDIC even though the about the insurance of ‘‘Regulation Y’’ Since 1991 the FDIC has approved institution does not accept non-trust trust companies; the staff also noted applications for deposit insurance from deposits from the general public. questions as to whether the acceptance more than 70 non-traditional depository The BHCA is difficult to reconcile of funds from a single non-trust institutions holding one or a very fully with the FDI Act, which mandates depositor would represent a sufficient limited number of non-trust deposits. that all FDIC-insured institutions must level of non-trust deposit-taking. Some of these institutions have been be ‘‘engaged in the business of receiving Notwithstanding these continuing credit card banks; others have been trust [non-trust] deposits.’’ The appropriate questions, the FDIC did not adopt a companies. Over the last two years the way to reconcile the BHCA with the FDI strict interpretation (or any formal FDIC has received approximately 20 Act is for the FDIC to construe the interpretation) of the statutory phrase. applications from limited purpose threshold requirement of being Instead, the FDIC during this period federal savings associations operating as ‘‘engaged in the business of receiving continued to approve applications from trust companies and chartered by the deposits other than trust funds’’ in a depository institutions with very Office of Thrift Supervision (OTS). flexible and broad way. The FDIC has limited deposit-taking activities. For Approximately 15 of these applications done so by allowing depository

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This reliance Court Decisions ‘‘insured depository institution’’ in the was appropriate in light of the FDIC’s The courts have offered few manner prescribed by the FDI Act. ‘‘conclusive’’ authority under section 8 interpretations of being engaged in the Under the Act, termination of this status to determine whether an insured specific ‘‘business of receiving deposits requires the involvement or consent of depository institution is ‘‘not engaged in other than trust funds.’’ The leading the FDIC. See 12 U.S.C. 1818; 12 U.S.C. the business of receiving deposits, other case is Meriden Trust and Safe Deposit 1828(i)(3). than trust funds.’’ 12 U.S.C. 1818(p). Company v. FDIC, 62 F.3d 449 (2d Cir. Another noteworthy case is United In contrast, the Heaton court 1995). In that case, a bank holding States v. Jenkins, 943 F.2d 167 (2d Cir.), disregarded the fact that the FDIC has company acquired two State-chartered cert. denied, 502 U.S. 1014 (1991). In never terminated the insured status of banks insured by the FDIC. One of these that case the court found that the the Georgia credit card bank. The banks was Meriden Trust; the other was defendant had violated the Glass- implication of the Heaton decision is Central Bank. After making the Steagall Act by engaging ‘‘in the that a bank may remain insured by the acquisitions, the holding company business of receiving deposits’’ without FDIC under the FDI Act even though it transferred most of the assets and proper State or federal authorization. ceases to exist as a ‘‘State bank’’ under liabilities of Meriden Trust to Central See 12 U.S.C. 378(a). The case is the FDI Act. This interpretation is Bank. Nothing was retained by Meriden noteworthy because the defendant was irrational. It would lead to the existence Trust except the assets and liabilities convicted for receiving a single deposit of State depository institutions that are relating to its trust business. Also, in the amount of only $150,000. insured by the FDIC but unregulated by Meriden Trust held two non-trust A recent case is Heaton v. Monogram every section of the FDI Act that deposits in the aggregate amount of Credit Card Bank of Georgia, Civil regulates ‘‘State banks.’’ See, e.g., 12 $200,000. One of the non-trust deposits Action No. 98–1823 (E.D. La.). In that U.S.C. 1831a (regulating the activities of was owned by the holding company; the case credit card holders in Louisiana insured ‘‘State banks’’). other was owned by Central Bank. In have brought suit against an insured Meriden and Jenkins support a broad order to maintain the ability to function State-chartered credit card bank in interpretation of being ‘‘engaged in the as a full-service bank, Meriden Trust did Georgia. The cardholders have charged business of receiving deposits other not seek to terminate its insurance from the bank with violating Louisiana than trust funds.’’ These cases involved the FDIC. restrictions on fees and interest rates. In and are directly relevant to banks. There Later, Central Bank failed. Meriden its defense the Georgia bank has cited are cases outside the banking field that Trust then informed the FDIC that it no section 27 of the FDI Act. Under that suggest that being ‘‘engaged in a longer considered itself an ‘‘insured section, a ‘‘State bank’’ may avoid business’’ implies regularity of depository institution’’ because it had certain State restrictions on fees and participation or involvement in multiple stopped accepting non-trust deposits. interest rates when operating outside its transactions. See, e.g., McCoach v. By taking this position, Meriden Trust State of incorporation. See 12 U.S.C. Minehill & Schuylkill Haven Railroad hoped to avoid liability under section 1831d. The key issue in the litigation is Co., 228 U.S. 295, 302 (1913); United 5(e) of the FDI Act. Section 5(e) whether the Georgia bank—holding a States v. Scavo, 593 F.2d 837, 843 (8th provides that an ‘‘insured depository fixed and limited number of deposits— Cir. 1979); United States v. Tarr, 589 institution’’ shall be liable for any loss qualifies as a ‘‘State bank’’ entitled to F.2d 55, 59 (1st Cir. 1978). It is incurred by the FDIC in connection with protection under section 27. inappropriate to apply such cases the failure of a commonly controlled The Georgia bank in Heaton holds (rather than Meriden and Jenkins) in the insured depository institution. See 12 only two deposits and both are from banking business because, as previously U.S.C. 1815(e). affiliates. As a non-party in the explained, the opening of a single The FDIC did not agree with Meriden litigation, the FDIC informed the court deposit account initiates a continuing Trust. In court, the issue was whether that it deemed the bank to be a ‘‘State business relationship with periodic Meriden Trust was an ‘‘insured bank’’ under the FDI Act despite the withdrawals, deposits, rollovers and the depository institution.’’ Under the FDI bank’s limited number of deposits. The accrual of interest. Act, the term ‘‘insured depository court disagreed. On November 22, 1999, institution’’ includes any bank insured the federal district court ruled on a State Banking Statutes by the FDIC including a ‘‘State bank.’’ preliminary jurisdictional motion that Some State banking statutes impose See 12 U.S.C. 1813(c)(2). In turn, ‘‘State the Georgia bank was not a ‘‘State bank’’ significant restrictions on the ability of bank’’ includes any State-chartered bank because it was not ‘‘engaged in the some depository institutions to accept or trust company ‘‘engaged in the business of receiving deposits, other non-trust deposits. For example, a business of receiving deposits, other than trust funds.’’ The Georgia bank Florida statute provides that a ‘‘credit than trust funds.’’ 12 U.S.C. appealed the court’s ruling to the United card bank’’ (1) may not accept deposits 1813(a)(2)(A). Again, Meriden Trust States Court of Appeals for the Fifth at multiple locations; (2) may not accept argued that it was not ‘‘engaged in the Circuit. The case is pending before the demand deposits; and (3) may not business of receiving deposits, other Court of Appeals. accept savings or time deposits of less than trust funds’’ because it had stopped Meriden and Jenkins are more than $100,000. At the same time, the accepting non-trust deposits from the persuasive than the district court’s statute provides that the bank must general public. decision in Heaton. As discussed above, obtain insurance from the FDIC. See Fla. The position taken by Meriden Trust the Court of Appeals in Meriden found Stat. 658.995(3). Thus, the statute was rejected by the federal district court that a trust company was ‘‘engaged in contemplates that a bank may be as well as the United States Court of the business of receiving [non-trust] ‘‘engaged in the business of receiving Appeals for the Second Circuit. The deposits’’ even though it held only two [non-trust] deposits’’ (a necessary Court of Appeals relied upon the fact non-trust deposits in the aggregate condition for obtaining insurance from that Meriden Trust held two non-trust amount of only $200,000. In part the the FDIC) even though the bank may not

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The FDIC incidental to the making of credit card acceptance of deposits from the general should not and need not interpret the loans. See Fla. Stat. 658.995(3)(f). public in determining that applicants minimum threshold requirement of the Similarly, a Virginia statute provides are ‘‘engaged in the business of statute so as to require such stratagems. that a general business corporation may receiving deposits other than trust In summary, the Legal Division acquire the voting shares of a ‘‘credit funds.’’ On the contrary, the FDIC has believes and the General Counsel is of card bank’’ only if certain conditions are approved applications from many the opinion that the FDIC may satisfied. See Va. Code 6.1–392.1.A. institutions (such as trust companies determine that a depository institution These conditions comprise the and credit card banks) that did not is ‘‘engaged in the business of receiving definition of a ‘‘credit card bank.’’ See deposits other than trust funds’’ as Va. Code 6.1–391. These conditions intend to solicit deposits from the include the following: (1) The bank may general public. Indeed, some of these required by section 5 of the FDI Act if not accept demand deposits; and (2) the institutions planned to accept no more the institution holds one or more non- bank may not accept savings or time than one non-trust deposit from a parent trust deposits in the aggregate amount of deposits of less than $100,000. Indeed, or affiliate. $500,000. This interpretation is not The FDIC’s consistent practice the statute provides that a ‘‘credit card intended to suggest that a depository represents an interpretation of being bank’’ may accept savings or time institution will necessarily not be deposits (in amounts in excess of ‘‘engaged in the business of receiving ‘‘engaged in the business of receiving $100,000) only from affiliates of the deposits other than trust funds.’’ This [non-trust] deposits’’ if it holds such bank having their principal place of long-standing broad interpretation is deposits in the aggregate amount of less business outside the State. See Va. Code consistent with the protective purposes than $500,000. Rather, the Legal 6.1–392.1.A.3–4. In other words, the of deposit insurance generally and is Division is merely adopting the opinion Virginia statute prohibits the acceptance well within the FDIC’s discretion in that the amount of $500,000 is sufficient of any deposits from the general public. light of the ambiguity of the statutory for purposes of section 5 as well as At the same time, the statute requires phrase. The FDIC’s long-standing section 8 (terminations) and section 3 the deposits of the bank to be federally interpretation also is supported by (1) (definition of ‘‘State bank’’). If an insured. See Va. Code 6.1–392.1.A.4. the practices of the OCC; (2) the applicant for deposit insurance A third example is the Georgia Credit acceptance by Congress of the practices proposes to hold non-trust deposits in a Card Bank Act. Prior to a recent of the FDIC and the OCC; (3) the Bank lesser amount (based on projected amendment, this statute provided that a Holding Company Act; (4) the relevant deposit levels), the FDIC would need to credit card bank could take deposits case law; and (5) State banking statutes. determine in that particular case only from affiliated parties. In other On the basis of the foregoing, I conclude whether the applicant would be words, the Georgia statute was similar to that the statutory requirement of being ‘‘engaged in the business of receiving the current Virginia statute in ‘‘engaged in the business of receiving [non-trust] deposits.’’ Similarly, under prohibiting a credit card bank from deposits other than trust funds’’ is section 8 or section 3, the FDIC will accepting deposits from the general satisfied by the continuous maintenance determine on a case-by-case basis public. See Ga. Code Ann. 7–5–3(7) of one or more non-trust deposits in the whether the holding of non-trust (1997). At the same time, Georgia law aggregate amount of $500,000 (the deposits in an amount less than required such banks to be ‘‘authorized amount specified in a number of recent $500,000 constitutes being ‘‘engaged in to engage in the business of receiving applications). the business of receiving [non-trust] deposits.’’ Ga. Code Ann. 7–1–4(7) Some discussion is warranted deposits.’’ regarding the most limited forms of (1997). Thus, Georgia law (consistent Conclusion with the current Virginia law) was based being ‘‘engaged in the business of on the premise that the receipt of receiving deposits other than trust Section 5 of the FDI Act provides that deposits from the general public is not funds.’’ It could be argued that a an applicant for deposit insurance must a necessary element of being ‘‘engaged difference exists between allowing be ‘‘engaged in the business of receiving in the business of receiving deposits.’’ depository institutions to decline non- deposits other than trust funds.’’ In the The receipt of deposits from affiliated trust deposits from the general public opinion of the General Counsel, on the parties was deemed sufficient. (Under and allowing depository institutions to basis of the foregoing, the holding by a the current Georgia law, a credit card decline all non-trust deposits from all depository institution of one or more bank may accept savings or time potential depositors with the exception non-trust deposits in the aggregate deposits in amounts of $100,000 or of a single deposit from a parent or amount of $500,000 is sufficient to more from anyone. See Ga. Code 7–5– affiliate. Perhaps an argument also satisfy this threshold requirement for 3(7).) could be made that the minimum obtaining deposit insurance. These State laws contemplate a broad number of non-trust depositors or the and flexible interpretation of being minimum number of non-trust deposit By Order of the Board of Directors. ‘‘engaged in the business of receiving accounts should be greater than one. Dated at Washington, D.C., this 9th day of deposits other than trust funds.’’ Of The problem with this argument is that March, 2000. course, the FDIC in applying the FDI a single deposit account can be divided Federal Deposit Insurance Corporation. Act cannot be controlled by State law into portions. Moreover, if the FDIC Robert E. Feldman, but the FDIC should be cognizant of the required the existence of a particular Executive Secretary. evolving nature of banking as reflected number of depositors or the periodic [FR Doc. 00–6548 Filed 3–16–00; 8:45 am] by State laws. acceptance of a particular number of BILLING CODE 6714±01±P

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FEDERAL RESERVE SYSTEM bank holding company and all of the DEPARTMENT OF HEALTH AND banks and nonbanking companies HUMAN SERVICES Change in Bank Control Notices; owned by the bank holding company, Acquisitions of Shares of Banks or including the companies listed below. Centers for Disease Control and Bank Holding Companies Prevention The applications listed below, as well The notificants listed below have as other related filings required by the [60Day±00±29] applied under the Change in Bank Board, are available for immediate Control Act (12 U.S.C. 1817(j)) and inspection at the Federal Reserve Bank Proposed Data Collections Submitted § 225.41 of the Board’s Regulation Y (12 indicated. The application also will be for Public Comment and CFR 225.41) to acquire a bank or bank available for inspection at the offices of Recommendations holding company. The factors that are the Board of Governors. Interested considered in acting on the notices are persons may express their views in In compliance with the requirement set forth in paragraph 7 of the Act (12 of Section 3506(c)(2)(A) of the writing on the standards enumerated in U.S.C. 1817(j)(7)). Paperwork reduction Act of 1995, the the BHC Act (12 U.S.C. 1842(c)). If the The notices are available for Centers for Disease Control and proposal also involves the acquisition of immediate inspection at the Federal Prevention is providing opportunity for Reserve Bank indicated. The notices a nonbanking company, the review also public comment on proposed data also will be available for inspection at includes whether the acquisition of the collection projects. To request more the offices of the Board of Governors. nonbanking company complies with the information on the proposed projects or Interested persons may express their standards in section 4 of the BHC Act to obtain a copy of the data collection views in writing to the Reserve Bank (12 U.S.C. 1843). Unless otherwise plans and instruments, call the CDC indicated for that notice or to the offices noted, nonbanking activities will be Reports Clearance Officer on (404) 639– of the Board of Governors. Comments conducted throughout the United States. 7090. must be received not later than March Additional information on all bank Comments are invited on: (a) Whether 31, 2000. holding companies may be obtained the proposed collection of information A. Federal Reserve Bank of Chicago from the National Information Center is necessary for the proper performance (Phillip Jackson, Applications Officer) website at www.ffiec.gov/nic/. of the functions of the agency, including 230 South LaSalle Street, Chicago, whether the information shall have Illinois 60690–1414: Unless otherwise noted, comments regarding each of these applications practical utility; (b) the accuracy of the 1. The Garst Family (Stephen Garst, agency’s estimate of the burden of the Elizabeth Garst, Edward Garst, Rachel must be received at the Reserve Bank indicated or the offices of the Board of proposed collection of information; (c) Garst, all of Coon Rapids, Iowa; ways to enhance the quality, utility, and Governors not later than April 10, 2000. Katherine Garst, Seattle, Washington; clarity of the information to be Jennifer Garst, Takoma Park, Maryland; A. Federal Reserve Bank of St. Louis collected; and (d) ways to minimize the and Sarah Garst, West Des Moines, (Randall C. Sumner, Vice President) 411 burden of the collection of information Iowa) and Elizabeth Garst, individually; Locust Street, St. Louis, Missouri on respondents, including through the to acquire additional voting shares of 63166–2034: use of automated collection techniques Audubon Investment Company, Coon 1. Maries County Bancorp, Inc., for other forms of information Rapids, Iowa, and thereby indirectly technology. Send comments to Seleda acquire additional shares of Audubon Vienna, Missouri, and its subsidiary, Progress Bancshares, Inc., Sullivan, Perryman, CDC Assistant Reports State Bank, Audubon, Iowa. Clearance Officer, 1600 Clifton Road, 2. William W. Parish, Dallas, Texas; to Missouri; to acquire at least 89.53 MS–D24, Atlanta, GA 30333. Written acquire voting shares of Parish Bank and percent of the voting shares of Tritten comments should be received within 14 Trust Company, Momence, Illinois. Bancshares, Inc., St. Robert, Missouri; days of this notice. Board of Governors of the Federal Reserve and thereby indirectly acquire First System, March 13, 2000. State Bank of St. Robert, St. Robert, Proposed Projects Robert deV. Frierson, Missouri. Possible Estuary-Associated Associate Secretary of the Board. B. Federal Reserve Bank of Dallas (W. Syndrome (PEAS) Surveillance [FR Doc. 00–6596 Filed 3–16–00; 8:45 am] Arthur Tribble, Vice President) 2200 —New— National Center for BILLING CODE 6210±01±P North Pearl Street, Dallas, Texas 75201– Environmental Health (NCEH) is 2272: requesting an emergency clearance to 1. ETN Leasing, Inc., Palestine, Texas; collect data on PEAS. In 1997, scientists FEDERAL RESERVE SYSTEM to become a bank holding company by found a newly identified microorganism, the dinoflagellate acquiring 100 percent of the voting Formations of, Acquisitions by, and Pfiesteria piscicida, in water samples shares of East Texas National, Inc., Mergers of Bank Holding Companies taken from a bay tributary. The presence Palestine, Texas, and thereby indirectly of large numbers of this organism (a acquire East Texas-Dover, Inc., bloom) was purportedly associated with The companies listed in this notice Wilmington, Delaware, and East Texas observations of thousands of dead fish have applied to the Board for approval, National Bank, Palestine, Texas. as well as with reports of a wide range pursuant to the Bank Holding Company Board of Governors of the Federal Reserve of adverse human health effects. Reports Act of 1956 (12 U.S.C. 1841 et seq.) System, March 13, 2000. of this purported association created (BHC Act), Regulation Y (12 CFR Part Robert deV. Frierson, excessive public concern about 225), and all other applicable statutes Associte Secretary of the Board. exposure to estuarine waters and a and regulations to become a bank general distrust in seafood that [FR Doc. 00–6597 Filed 3–16–00; 8:45 am] holding company and/or to acquire the prompted a flood of inquiries to public assets or the ownership of, control of, or BILLING CODE 6210±01±P health and environmental quality the power to vote shares of a bank or agencies.

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Since 1997, the Centers for Disease agreement funds were awarded to these health departments, NCEH has Control and Prevention (CDC) has been states to develop a multi-state developed a standardized data working with the States of Delaware, surveillance system to examine the collection instrument that the states Florida, Maryland, North Carolina, effects of Pfiesteria blooms upon may use to collect and store the South Carolina, and Virginia in a series humans and to expand the scientific surveillance data. NCEH has requested of meetings, workshops, and conference knowledge of the human health effects that the states report specific data calls to design, implement, evaluate, if Pfiesteria. Specifically, the states will elements back at regular intervals so and revise surveillance activities to quantify the burden of PEAS on their that NCEH can compile the data and provide a quantitative estimate of the health agencies by enumerating the issue periodic aggregate reports. public health burden associated with number of contacts involving public and responding to Pfiesteria-related events, professional requests for information as CDC/NCEH is requesting a 6 month including blooms, fish kills, and people well as symptoms involved in self- emergency clearance. There is no cost to with health complaints. Cooperative reporting. In collaboration with the state respondents.

Avg. burden/ Type of burden Number of Number of response Total burden respondents responses (in hrs.) (in hrs.)

Information only calls ...... 800 1 5/60 66 Symptomatic reportsÐtelephone interview ...... 80 1 25/60 33

Total ...... 99

Dated: March 13, 2000. information and referral services, applicants with an identification Charles Gollmar, counseling, and assistance to victims of number which will be noted on the Acting Associate Director for Policy, domestic violence, their children and acknowledgment. This number must be Planning, and Evaluation, Centers for Disease other family members, and others referred to in all subsequent Control and Prevention (CDC). affected by such violence and to enable communications with OCS concerning [FR Doc. 00–6614 Filed 3–16–00; 8:45 am] them to find safety and protection in the application. If an acknowledgment BILLING CODE 4163±18±P crisis situations. The successful is not received within three weeks after applicant will be required to provide the application deadline, applicants telephonic assistance on a 24 hour-per- must notify ACF by telephone (202) DEPARTMENT OF HEALTH AND day, seven day-a-week basis throughout 401–5103. Applicant should also submit HUMAN SERVICES the continental United States, and in a mailing label for the acknowledgment. Alaska, Hawaii, the Commonwealth of (Note: To facilitate receipt of this Administration for Children and Puerto Rico, and the Virgin Islands. acknowledgment from ACF, applicant Families Closing Date: The closing date for should include a cover letter with the [Program Announcement No. OCS±2000± submission of applications is May 17, application containing an E-mail 07] 2000. Applications postmarked after the address and facsimile (FAX) number if closing date will be classified as late. these items are available to applicant.) Fiscal Year 2000 Family Violence Applicants are cautioned to request a FOR FURTHER INFORMATION CONTACT: Prevention and Services ProgramÐ legibly dated U.S. Postal Service Administration for Children and National Domestic Violence Hotline; postmark or to obtain a legibly dated Families, Office of Community Services, Availability of Funds and Request for receipt from a commercial carrier or Division of State Assistance, 370 Applications U.S. Postal Service. Private metered L’Enfant Promenade, SW, Washington, AGENCY: Office of Community Services postmarks shall not be accepted as proof DC 20447. Contact: William Riley, (202) (OCS), Administration for Children and of timely mailing. Detailed application 401–5529. Families (ACF), DHHS. submission instructions, including the For a Copy of the Announcement, addresses where applications must be Contact: Administration for Children ACTION: Notice of the availability of received, are found in Part IV of this and Families, Office of Community funds and request for applications to announcement. Services, 370 L’Enfant Promenade, SW, establish and operate the National Mailing Address: Applications should 5th Floor West, Washington DC 20447. Domestic Violence Hotline. be mailed to Department of Health and Telephone: (202) 401–4787. SUMMARY: The Administration for Human Services, Administration for In addition, the announcement will be Children and Families (ACF), Office of Children and Families, Office of Grants accessible on the OCS website for Community Services (OCS), announces Management/OCSE, 4th Floor reading or printing at: http:// the availability of funds in fiscal year Aerospace Center, 370 L’Enfant www.acf.dhhs.gov/programs/ocs under (FY) 2000 for the award of one Promenade, SW Washington, DC 20447; ‘‘Funding Opportunities’’. cooperative agreement on a competitive Attention: Application for Family SUPPLEMENTARY INFORMATION: This basis to operate a national, toll-free Violence Prevention and Services program announcement consists of four telephone hotline to provide Program. parts. Part I provides information on the information and assistance to victims of Number of Copies Required: One legislative authority applicable to this domestic violence. This announcement signed original application and four announcement and background contains all of the application materials copies should be submitted at the time information on the proposed national needed to apply for this cooperative of initial submission. (OMB–0970–0062, domestic violence hotline. Part II agreement. expiration date 10/31/2001.) describes the minimum requirements The purpose of the national domestic Acknowledgment of Receipt: An for the design of the hotline that the violence hotline is to provide acknowledgment will be mailed to all applicant must address in its

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Please hotline should be prepared to respond from chronic intimidation and fear, copy and use these forms in submitting to the broad range of violence that which are often as significant as the an application under this occurs in the context of family and actual, acts of physical aggression. announcement. No additional intimate relationships, domestic Witnessing spousal violence contributes application materials are available or violence, spouse abuse, partner abuse, to the cycle of violence outside the needed to submit an application. battering of women, sexual assault, date home. There is an increased likelihood Applicants should note that the rape, and acquaintance rape. The of child abuse in homes where there has cooperative agreement to be awarded hotline also will serve those less already been spouse abuse. under this program announcement is directly affected by such abuse, e.g., C. Eligible Applicants subject to the availability of funds. relatives, children of victims and other Any private nonprofit agency, Part I: General Information family members, friends, neighbors, perpetrators and batterers, other organization, institution, Tribal A. Legislative Authority concerned individuals, and the general organization, or combination thereof, is Title III of the Child Abuse public. eligible to apply for these funds. The Amendments of 1984, (Pub. L. 98–457, In terms of the scope of the services applicant nonprofit entity must submit 42 U.S.C. 10401, et seq.) is entitled the provided by the hotline, the statute documentation of its experience and Family Violence Prevention and requires the provision of ‘‘information capability to operate a 24 hour, 365 days Services Act (the Act). The Act was first and assistance’’ and ‘‘counseling and a year, domestic violence hotline. Any implemented in FY 1986, was referral services’’. Therefore, the nonprofit organization submitting an reauthorized and amended in 1992 by applicants’ proposed design and plan application must also submit proof of its Pub. L. 102–295, and was reauthorized for operating the hotline and responding nonprofit status in its application at the and amended for fiscal years 1996 to callers is important. However, the time of submission. Proof of nonprofit through 2000 by Pub. L. 103–322, the hotline is not expected to provide status can be accomplished by Violent Crime Control and Law extended or long-term counseling or providing a copy of the applicant’s Enforcement Act of 1994 (Crime Bill), therapy services. The fuller discussion listing in the Internal Revenue Service’s signed into law on September 13, 1994. of a problem and consideration of (IRS) most recent list of tax-exempt The Act was most recently amended by options is done most appropriately at organizations described in Section Pub. L. 104–235, the ‘‘Child Abuse the local level, given the variation in 501(c)(3) of the IRS Code, or by Prevention and Treatment Act laws and services available among the providing a copy of the currently valid Amendment of 1996.’’ States and localities. IRS tax exemption certificate, or by Section 316 of the Crime Bill, the Because domestic violence often providing a copy of the articles of Violence Against Women Act, contributes to isolation, helplessness, incorporation bearing the seal of the authorized a grant award for up to five loss of self-esteem, and dependence, a State in which the corporation or years to provide for the operation of a self-help and empowerment model of association is domiciled. services is needed. Such a model: national, toll-free telephone hotline to D. Availability of Funds provide information and assistance to • Protects and assures safety for all victims of domestic violence. victims and other family members; As authorized by section 316 of the • Builds on the strengths and Act, the Office of Community Services B. Conceptual Framework and Scope of resources of individuals and families; will award one cooperative agreement Services • Offers options and support for in FY 2000 for a maximum of The prevalence of family violence is independent decision-making based on $1,957,000 for the implementation of widespread and its effective prevention specific individual and family needs the toll-free rational domestic violence and treatment requires coordination and and circumstances; and hotline. The source of these funds will collaboration among a broad range of • Assists individuals and families to be the Crime Bill Trust Fund. legal, justice system, health, and social obtain protection and needed services Non-competitive continuation grant service providers, and advocates at the that are respectful of cultural and awards for each of years two through Federal, State and local levels. community characteristics. five (FYs 2001–2004) are projected to be To serve the wide range of expected Finally, we recognize that there is an $2,000,000 per fiscal year subject to the calls effectively, the hotline must have inter-relationship between alcohol, drug availability of funds. expertise about domestic violence and abuse, and mental health (ADM) services to victims of domestic violence. problems and domestic violence. E. Duration of Project The staff also must understand the Alcohol abuse has been demonstrated to The Office of Community Services importance of using appropriate contribute to violent behavior. will award one grant, as a cooperative linkages with State and local resources Moreover, the abuse of alcohol coupled agreement, for up to five years (60- to serve callers to the hotline. The with other drugs is even more likely to month project period). The initial grant benefits of a highly visible national be associated with severe battering award will cover a 12-month budget hotline to victims and others will be incidents than is alcohol by itself. period. Application for continuation directly related to the productive Victims of and or witnesses to domestic funding beyond the initial 12-month working relationships and coordinated violence also may experience budget period, but within the 60-month provision of services between and psychological consequences or turn to project period, will be considered in among the hotline and State and local substance abuse to ameliorate their subsequent years on a non-competitive hotlines and other services and pain. In addition to the physical trauma basis, subject to the approval of the resources. resulting from acts of physical abuse, Secretary, the availability of funds, the

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Cooperative Agreement • The hiring criteria for hotline maintain, and keep current a The Office of Community Services personnel; comprehensive database of resource intends to support the national toll-free • The methods for the creation, information, including the full range of hotline through a cooperative maintenance, and updating of a resource services available in local communities, agreement. A cooperative agreement is database; the types of legal protection and Federal financial aid in which • A plan for publicizing the services available in different States and substantial Federal involvement is availability of the hotline; localities, and the capability to access anticipated. The responsibilities of the • A plan for providing service to non- information. Administration for Children and English speaking callers, including 10. The applicant must provide a Families and of the successful applicant hotline personnel who speak Spanish; detailed description of: will be identified and incorporated into and • The telecommunications and the cooperative agreement during pre- • A plan for facilitating access to the computer technology that is or will be award negotiations. It is anticipated that hotline by persons with hearing employed to establish and support the ACF responsibilities will not change the impairments. hotline, including all management project requirements found in Part II of 4. The applicant must demonstrate functions, referral functions, resource this announcement. that it has: database management functions, The grantee will outline a plan of • Nationally recognized expertise in monitoring functions, and overall interaction with OCS for the operation of a domestic violence project administration and quality implementation under a cooperative hotline and a record of high quality control, including periodic reporting to agreement including, as appropriate, service to victims of domestic violence, HHS; activities involving Federal staff. The including a demonstration of support • The design and operation of the plan under the cooperative agreement from advocacy groups, such as domestic telephone system that will be used to will describe the general and specific violence State coalitions or recognized provide the service; its capacity and its responsibilities of the grantee and the national domestic violence groups; and limitations, including information such grantor as well as foreseeable joint • A commitment to diversity, and to as the capacity to facilitate the number responsibilities. A schedule of tasks will the provision of services to ethnic, of incoming calls, call conferencing, be developed and agreed upon in racial, and non-English speaking automatic call referral to local addition to any special conditions minorities, in addition to older providers, and service integration with relating to the implementation of the individuals and individuals with computers; hotline. disabilities. • The methods that will be used to 5. The applicant must demonstrate ensure that the national hotline is a Part II: Project Requirements knowledge of the field, including the confidential crisis intervention and the Requirements for Project range of services and the resources specific provisions that will be in place Implementation available for domestic violence victims, to safeguard the confidentiality of The following requirements must be their children and family members, callers and ensure the proper handling perpetrators and batterers, and other of confidential or sensitive information; met by the grantee and addressed in the • application: concerned individuals, including The personnel recruitment, hiring, 1. All funds received by the grantee services and resources relating to and training program (i.e., a description pursuant to Section 316 of the Act must substance and mental health problems; of an initial and ongoing training plan be used to establish and operate a State and Indian tribal domestic for staff and volunteers should be national toll-free, telephone hotline to violence laws, including the availability included in this section) that will provide information and assistance to of legal protection; and the barriers ensure the delivery of quality crisis victims of domestic violence. affecting access to such services, intervention, information and referral, 2. In establishing the hotline, the resources and protection. assistance, and counseling services to private, nonprofit entity shall: 6. The applicant must demonstrate diverse populations; • • Contract with a carrier for the use experience in providing high-quality The specific emergency response of a toll-free telephone line; crisis intervention, information and and crisis protocol to be used, the • Employ, train, and supervise referral, and counseling services and ability to conference call (or ‘‘patch’’) a personnel to answer incoming calls and support to battered women, their caller to a local domestic violence, legal provide counseling and referral services children, other domestic violence services, or mental health or substance on a 24-hour-a-day basis; victims, their family and friends, abuse program when appropriate, and • Assemble and maintain a current batterers, and the general public through the plans for minimizing such problems database of information relating to a national toll-free hotline. as crank/obscene calls and busy signals; services for victims of domestic violence 7. The applicant must demonstrate an and to which callers may be referred understanding of the relationship of • The methods the applicant will use throughout the United States, including alcohol, drug abuse, and mental health to provide for the development, information on the availability of problems to incidents of domestic maintenance, and updating of a shelters that serve battered women and violence and the ability to make comprehensive resource database their children; and appropriate referrals to callers. (distributed to the maximum extent • Publicize the hotline to potential 8. The applicant must demonstrate an appropriate); the technical capacity to users throughout the United States. understanding of the need for a national link with other State and local databases 3. To be approved by the Secretary, hotline for domestic violence victims, in order to maintain an extensive and the application must include a complete including a description of the function current resource locator or listing; the

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The applicant must demonstrate period and a projection of the demand an understanding of the technological the ability to staff, financially support, on an ongoing basis should be requirements of such a project and and programmatically administer a discussed, with supporting include a detailed timeline to provide national project of this scope. documentation. Describe the precise the following services nationally: 16. The author(s) of the application location of the project. • 24-hour/365 days per year access; must be clearly identified together with 3. Approach (30 Points) • Direct access to English and a description of his or her current Spanish-speaking personnel at all times relationship to the applicant Provide a sound workable plan of and provision for services to other non- organization and any future project role action (approach) which details: How English speaking callers and the hearing he or she may have if the project is the proposed work will be impaired; funded. accomplished; how each task relates to • Personnel (paid staff and 17. The applicant must provide an the project’s goals and activities; volunteers) trained in crisis assurance that any information collected identifies the key staff member intervention, information and referral, as a part of this grant will become the responsible for the specific tasks; and counseling skills; property of the Federal Government. provides a chart indicating the timetable • Comprehensive database of current 18. The applicant must provide an for completing each task, the phasing in information; assurance that it will work with the of the tasks over time, the lead staff • The ability to connect callers Federal Project Officer to identify the person, and the time committed to the directly to local programs or services information that will be compiled based task; cites factors which might when appropriate; on incoming calls including accelerate or decelerate the work; • Emergency response protocol for compilation of information on both justifies the approach selected over callers in immediate danger; and other approaches; makes maximum use • maternal and child victims of domestic Appropriate confidentiality violence and individual and situational of existing facilities and resources and safeguards; and data collection and data factors characterizing violent and off-the-shelf technology; describes and management capability sufficient to abusive behavior. supports any unusual features of the support program administration, 19. The applicant must provide an project, such as design or technological reporting, monitoring, and an ongoing assurance that it will comply with the innovations, reductions in cost or time, quality assessment of the hotline grant administration requirements in 45 or extraordinary social or community service. CFR part 74. involvement; and provides projections 12. The applicant must provide a plan of the accomplishments to be achieved to coordinate, work with, and provide Part III: Evaluation Criteria and identifies the activities for which hotline services and data resource and The five criteria that follow will be Federal technical assistance, advice, or referrals that make maximum use of used to review and evaluate how each guidance as the project is implemented existing domestic violence programs applicant has addressed the is anticipated and would be acceptable. and resources, including, but not requirements stated in Part II and limited to, local and State-wide should be used in developing the 4. Results and Benefits Expected (20 domestic violence hotlines, State program narrative. The point values Points) Domestic Violence Coalitions, State following each criterion heading Identify, in specific terms, the results Sexual Assault Coalitions, shelter indicate the maximum numerical and benefits to be derived from the programs, emergency services, legal weight that each section will be given in project and relate each result and services programs, national domestic the review process. benefit to a specific objective. Indicate violence resource centers, other existing the aggregate number of calls expected national hotlines, and other national 1. Need for the Project (10 Points) to be received and individuals to be organizations; resources related to child Provide a detailed discussion of the assisted on an annual basis, e.g., the abuse and youth endangerment, ADM need for a national domestic violence expected volume of calls in such service problems, and perpetrators and batterers hotline of the scope being proposed. areas as crisis counseling, immediate programs. The applicant must provide Provide a detailed analysis of the referrals to shelters, or the number of support to State and local domestic available data related to the problem referrals made in response to non- violence hotlines in response to being addressed (both domestic violence English speaking callers. Indicate the demands generated by the national in general and the specific lack of a anticipated impact on and the public awareness campaign. national domestic violence hotline); the subsequent benefit of the national 13. The applicant must provide a strengths and limitations of other hotline to victims of domestic violence description of the quality assurance national and local crisis intervention and on the existing network of State and system it will use to assess regularly the and victim services hotline/referral local shelters and services. Identify the quality of the services being provided by services available, and the ‘‘state-of-the- kinds of data to be collected, the hotline and the extent to which the art’’ relative to the problem being maintained, and updated, and discuss goals and objectives of the service are addressed by the proposal. the criteria to be used to assure the being met. The quality assurance system quality of the services provided. also must include actions to address 2. Goals and Objectives (10 Points) identified problems. Clearly state the project goals and 5. Level of Effort (30 Points) 14. The applicant must provide a objectives. Objectives should be stated Expertise, Commitment, and Support. comprehensive plan to publicize the in concrete, measurable terms which The extent to which the applicant has hotline to a national audience, clearly identify the population(s) to be nationally recognized expertise in the

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Children and Families Office of Grants Coalitions or recognized national Management/OCSE, 4th Floor domestic violence groups; the extent of Part IV: Other Information and Aerospace Center, 370 L’Enfant the applicant’s commitment to diversity, Instructions for the Development and Promenade, SW, Washington, DC 20447. and to the provision of service to ethnic, Submission of Applications A list of the Single Point of Contact racial, and non-English speaking A. Required Notification of the State for each State and Territory is included minorities, older individuals, and Single Point of Contact at the end of this announcement. individuals with disabilities. B. Paperwork Reduction Act of 1995 Staff Background and Organizational This program is covered under Experience. The adequacy of the staffing Executive Order 12372, (E.O.) Under the Paperwork Reduction Act pattern for the proposed project, how ‘‘Intergovernmental Review of Federal of 1995, Public Law 104–13, the the individual responsibilities are Programs,’’ and 45 CFR part 100, Department is required to submit to the linked to project tasks, and the ‘‘Intergovernmental Review of Office of Management and Budget contributions to be made by key staff. Department of Health and Human (OMB) for review and approval any Each collaborating or cooperative Services Program and Activities.’’ Under reporting and recordkeeping organization, individual consultant, or the E.O., States may design their own requirements in regulations, including other key individuals who will work on processes for reviewing and program announcements. This program the project should be listed along with commenting on proposed Federal announcement does not contain a description of the nature of their effort assistance under covered programs. information requirements beyond those or contribution. All States and territories, except approved for ACF grant applications Competence of Staff. The background Alabama, Alaska, Colorado, under OMB Control Number 0970–0062, and experience of the project director Connecticut, Hawaii, Idaho, Kansas, expiration date 10/31/2001. An agency and key project staff and the history and Louisiana, Massachusetts, Minnesota, may not conduct or sponsor and a accomplishments of the organization; Montana, Nebraska, New Jersey, person is not required to respond to a the qualifications of the project team Oklahoma, Oregon, Pennsylvania, South collection of information unless it including any experience with similar Dakota, Tennessee, Vermont, Virginia, displays a currently valid OMB control projects; the variety of skills, relevant Washington, American Samoa and number. educational background, and the ability Palau, have elected to participate in the C. Application Submission to effectively manage the project and to E.O. process and have established a coordinate activities with other Single Point of Contact (SPOCs). The closing date and time for agencies. One or two pertinent Applicants from these twenty-three submittal of applications under this paragraphs on each key member are jurisdictions need take no action program announcement is found at the preferred to vitae/resumes. However, regarding E.O. 12372. Applicants for beginning of this program vitae/resumes may be included. projects to be administered by Federally announcement under ‘‘Closing Date’’. Adequacy of Resources. The adequacy recognized Indian Tribes are also Applications postmarked after the of the available resources and exempt from the requirements of E.O. closing date will be classified as late. organizational experience with regard to 12372. Otherwise, applicants should Deadline: Mailed applications shall be the tasks of the proposed project. List contact their SPOCs as soon as possible considered as meeting an announced the financial, physical, and other to alert them of the prospective deadline if they are either received on resources already committed by other applications and receive any necessary or before the deadline date or sent on or public and private agencies and instructions. Applicants must submit before the deadline date and received by institutions, if any. Explain how these any required material to the SPOCs as ACF in time for the independent review organizations will participate in the day soon as possible so that OCS can obtain to: U.S. Department of Health and to day operations of the project. Letters and review SPOC comments as part of Human Services, Administration for from these agencies and organizations the award process. It is imperative that Children and Families, Office of Grants identifying and discussing the specifics the applicant submit all required Management/OCSE, 4th Floor West, of their commitment and participation materials, if any, to the SPOC and Aerospace Center, 370 L’Enfant must be included in the application. indicate the date of this submittal (or Promenade, SW., Washington, DC Budget. Relate the proposed budget to the date of contact if no submittal is 20447; Attention: Application for the level of effort required to obtain the required) on the Standard Form 424, Family Violence Prevention and project objectives. Demonstrate that the item 16a. Services Program. project’s costs are reasonable in view of Applicants are cautioned to request a the anticipated results. Under 45 CFR 100.8(a)(2), a SPOC has legibly dated U.S. Postal Service Collaborative Efforts. The additional 60 days from application deadline to postmark or to obtain a legibly dated anticipated private sector resources that comment on proposed new or receipt from a commercial carrier or may be available to support or enhance competing continuation awards. U.S. Postal Service. Private Metered the overall program. Discuss in detail SPOCs are encouraged to eliminate postmarks shall not be acceptable as and provide documentation for any the submission of routine endorsements proof of timely mailing. proposed collaborative or coordinated as official recommendations. Applications handcarried by efforts with other public and private Additionally, SPOCs are requested to applicants, applicant couriers, or by agencies or organizations. Identify these differentiate clearly between mere overnight/express mail couriers shall be agencies or organizations and explain advisory comments and those official considered as meeting an announced how their participation will enhance the State process recommendations that deadline if they are received on or project. Letters from these agencies and may trigger the ‘‘accommodate or before the deadline date, between the organizations must be included explain’’ rule. hours of 8:00 a.m. and 4:30 p.m., EST,

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14579 and at the U.S. Department of Health Instructions accompanying the attached of an approved indirect cost rate which and Human Services, Administration for SF 424A, as well as the instructions set is entered on Line 6j. Children and Families, Office of Grants forth below. Justification—Enter the total costs of Management/OCSE, ACF Mailroom, 2nd fringe benefits, unless treated as part of Section A—Budget Summary Floor Loading Dock, Aerospace Center, an approved indirect cost rate. Provide 901 D Street, SW, Washington, DC Lines 1–4 a breakdown of amounts and 20024, between Monday and Friday Column (a) Line 1—Enter OCS FVPS percentages that comprise fringe benefit (excluding Federal holidays). The Program. costs. address must appear on the envelope/ Column (b) Line 1—Enter 93.592. Line 6c package containing the application with Columns (c) and (d)—Not Applicable. the note: Attention: Application for Columns (e), (f) and (g)—For lines 1 Travel—Enter total cost of all travel Family Violence Prevention and through 4, enter in appropriate amounts by employees of the project. Do not Services Program. (Applicants are again needed to support the project for the enter costs for consultant’s travel. cautioned that express/overnight mail entire project period. Justification—Include the name(s) of services do not always deliver as traveler(s), total number of trips, agreed.) Line 5 destinations, length of stay, mileage ACF cannot accommodate Enter the figures from Line 1 for all rate, transportation costs and transmission of applications by fax or columns completed, (e), (f), and (g). subsistence allowances. Traveler must through other electronic media. be a person listed under the personnel Section B—Budget Categories Therefore, applications transmitted to line or employee being paid under non- ACF electronically will not be accepted This section should contain entries federal share. (Note: Local regardless of date or time of submission for OCS funds only. For all projects, the transportation and Consultant travel and time of receipt. first budget period will be entered in costs are entered on Line 6h.) Late Applications: Applications Column (1). Line 6d which do not meet the criteria above are Allocability of costs is governed by considered late applications. ACF shall applicable cost principles set forth in Equipment—Enter the total costs of notify each late applicant that its the Code of Federal Regulations (CFR), all equipment to be acquired by the application will not be considered in Title 45, Parts 74 and 92. project. Equipment means an article of the current competition. Budget estimates for administrative nonexpendable, tangible personal Extension of Deadlines: ACF may costs must be supported by adequate property having a useful life of more extend the deadline for all applicants detail for the grants officer to perform a than one year and an acquisition cost because of acts of God such as floods cost analysis and review. Adequately which equals or exceeds the lesser of (a) and hurricanes, or when there is detailed calculations for each budget the capitalization level established by widespread disruption of the mails. A object class are those which reflect the organization for financial statement determination to waive or extend estimation methods, quantities, unit purposes, or (b) $5,000. (Note: If an deadline requirements rests with the costs, salaries, and other similar applicant’s current rate agreement was Chief Grants Management Officer. quantitative detail sufficient for the based on another definition for calculation to be duplicated. For any equipment, such as ‘‘tangible personal D. Instructions for Preparing the additional object class categories property $500 or more’’, the applicant Application and Completing included under the object class other, shall use the definition used by the Application Forms identify the additional object class(es) cognizant agency in determining the 1. SF 424 and provide supporting calculations. rate(s). However, consistent with the Supporting narratives and applicant’s equipment policy, lower The SF 424 and certifications have justifications are required for each limits may be set.) been reprinted for your convenience in budget category, with emphasis on Justification—Equipment to be preparing the application. You should unique/special initiatives; large dollar purchased with Federal funds must be reproduce single-sided copies of these amounts; local, regional, or other travel; required to conduct the project, and the forms from the reprinted forms in the new positions; major equipment applicant organization or its subgrantees announcement, typing your information purchases; and training programs. must not already have the equipment or onto the copies. A detailed itemized budget with a a reasonable facsimile available to the At the top of the Cover Page of the SF separate budget justification for each project. 424, enter the single priority area major item should be included as Line 6e number under which the application is indicated below: being submitted. An application should Supplies—Enter the total costs of all be submitted under only one priority Line 6a tangible personal property other than area. Personnel—Enter the total costs of that included on line 6d. Justification—Provide a general 2. SF 424A—Budget Information—Non- salaries and wages. Justification—Identify the project description of what is being purchased Construction Programs director and staff. Specify by title or such as type of supplies: office, With respect to the 424A, Budget name the percentage of time allocated to classroom, medical, etc. Include Information—Non-Construction the project, the individual annual equipment costing less than $5,000 per Programs, Sections A, B, C, E, and F are salaries and the cost to the project (both item. to be completed. Section D does not Federal and non-Federal) of the Line 6f need to be completed. organization’s staff who will be working In order to assist applicants in on the project. Contractual—Enter the total costs of correctly completing the SF 424 and all contracts, including (1) procurement 424A, detailed instructions for Line 6b contracts (except those which belong on completing these forms are contained on Fringe Benefits—Enter the total costs other lines such as equipment, supplies, the forms themselves. See the of fringe benefits unless treated as part etc.) and (2) contracts with secondary

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Attach a copy of the contracts, the estimated dollar amounts, source and anticipated use of program approved rate agreement. and selection process of the awards as income in the Program Narrative Line 23 part of the budget justification. Also Statement. provide back-up documentation Provide any other explanations and Section C—Non-Federal Resources identifying the name of contractor, continuation sheets required or deemed purpose of contract, and major cost This section is to record the amounts necessary to justify or explain the elements. of Non-Federal resources that will be budget information. used to support the project. Non-Federal Note 1: Whenever the applicant/grantee 3. Project Summary Description intends to delegate part of the program to resources mean other than OCS funds another agency, the applicant/grantee must for which the applicant has received a Clearly mark this separate page with submit Sections A and B of this Form SF– commitment. Provide a brief the applicant name as shown in item 5 424A, completed for each delegate agency by explanation, on a separate sheet, of the SF 424, and the title of the project agency title, along with the required showing the type of contribution, as shown in item 11 of the SF 424. The supporting information referenced in the broken out by Object Class Category, summary description should not exceed applicable instructions. The total costs of all (See SF–424A, Section B.6) and whether 300 words. These 300 words become such agencies will be part of the amount part of the computer database on each shown on Line 6f. Provide draft Request for it is cash or third party in-kind. The Proposal in accordance with 45 CFR part 74, firm commitment of these required project. appendix A. All procurement transactions funds must be documented and Care should be taken to produce a shall be conducted in a manner to provide, submitted with the application in order summary description which accurately to the maximum extent practical, open and to be given credit in the Criterion. and concisely reflects the application. It free competition. Except in unusual situations, this should describe the objectives of the Note 2: Contractual cannot be a person— documentation must be in the form of project, the approaches to be used and must be an organization, firm, etc. Enter letters of commitment or letters of intent the outcomes expected. The description Consultant cost on Line 6h. from the organization(s)/individuals should also include a list of major from which funds will be received. products that will result from the Line 6g proposed project, such as software Line 8 Construction—Not applicable. packages, materials, management Column (a)—Enter the project title. procedures, data collection instruments, Line 6h Column (b)—Enter the amount of cash training packages, or videos (please note Other—Enter the total of all other or donations to be made by the that audiovisuals should be closed costs. Such costs, where applicable, may applicant. captioned). The project summary include, but are not limited to, Column (c)—Enter the State description, together with the insurance, food, medical and dental contribution. information on the SF 424, will costs (non-contractual), fees and travel Column (d)—Enter the amount of cash constitute the project ‘‘abstract.’’ It is the paid directly to individual consultants, and third party in-kind contributions to major source of information about the local transportation (all travel which be made from all other sources. proposed project and is usually the first does not require per diem is considered Column (e)—Enter the total of part of the application that the local travel), space and equipment columns (b), (c), and (d). reviewers read in evaluating the rentals, printing and publication, Lines 9, 10 and 11 application. computer use training costs including Leave Blank. 4. Program Narrative Statement tuition and stipends, training service costs including wage payments to Line 12 The Program Narrative Statement is a very important part of an application. It individuals and supportive service Carry the total of each column of Line payments, and staff development costs. should be clear, concise, and address 8, (b) through (e). The amount in the specific requirements mentioned Line 6j Column (e) should be equal to the under the priority area description in amount on Section A, Line 5, Column Indirect Charges—Enter the total Part II. The narrative should also (f). amount of indirect costs. This line provide information concerning how the Justification—Describe third party in- should be used only when the applicant application meets the evaluation criteria kind contributions, if included. currently has an indirect cost rate using the following headings: approved by DHHS or other Federal Section F—Other Budget Information (a) Need for the Project; agencies. (b) Goals and Objectives; Line 21 (c) Approach; Line 6k Direct Charges—Include narrative (d) Results and Benefits; and Totals—Enter the total amount of justification required under Section B (e) Level of effort. Lines 6i and 6j. for each object class category for the The specific information to be total project period. included under each of these headings Line 7 is described in Part III, Evaluation Program Income—Enter the estimated Line 22 Criteria. amount of income, if any, expected to be Indirect Charges—Enter the type of The narrative should be typed double- generated from this project. Separately DHHS or other Federal agency approved spaced on a single-side of an 81⁄2″ x 11″ show expected program income indirect cost rate (provisional, plain white paper, with 1″ margins on

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The Application Package for disclosure and certification related requirement. to lobbying on recipients of Federal The length of the application, Each application package must contracts, grants, cooperative including the application forms and all include an original and four copies of agreements, and loans. It provides attachments, should not exceed 60 the complete application. Each copy exemptions for Indian Tribes and Tribal pages. A page is a single side of an 81⁄2″ should be stapled securely (front and organizations. Current and prospective x 11″ sheet of paper. Applicants are back if necessary) in the upper left-hand recipients (and their subtier contractors requested not to send pamphlets, maps, corner. All pages of the narrative and/or grantees) are prohibited from brochures or other printed material (including charts, tables, maps, exhibits, using Federal funds, other than profits along with their application as these etc.) must be sequentially numbered, pose photocopy difficulties. These beginning with page one. In order to from a Federal contract, for lobbying materials, if submitted, will not be facilitate handling, please do not use Congress or any Federal agency in included in the review process if they covers, binders or tabs. Do not include connection with the award of a contract, exceed the 60-page limit. Each page of extraneous materials as attachments, grant, cooperative agreement or loan. In the application will be counted to such as agency promotion brochures, addition, for each award action in determine the total length. slides, tapes, film clips, minutes of excess of $100,000 (or $150,000 for meetings, survey instruments or articles loans) the law requires recipients and 5. Organizational Capability Statement of incorporation. their subtier contractors and/or The Organizational Capability Applicants should include a self- subgrantees (1) To certify that they have Statement should consist of a brief (two addressed stamped acknowledgment neither used nor will use any to three pages) background description card. All applicants will be notified appropriated funds for payment to of how the applicant organization (or automatically about the receipt of their lobbyists; (2) to disclose the name, the unit within the organization that application. If acknowledgment of address, payment details, and the will have responsibility for the project) receipt of your application is not purpose of any agreements with is organized, the types and quantity of received within three weeks after the lobbyists whom recipients or their services it provides, and/or the research deadline date, please notify ACF by subtier contractors or subgrantees will and management capabilities it telephone at (202) 401–5103. pay with profits or nonappropriated possesses. This description should funds on or after December 22, 1989 and cover capabilities not included in the F. Post-Award Information and (3) to file quarterly up-dates about the Program Narrative Statement. It may Reporting Requirements use of lobbyists if material changes include descriptions of any current or Following approval of the occur in their use. The law establishes previous relevant experience, or applications selected for funding, notice civil penalties for noncompliance. describe the competence of the project of project approval and authority to (Catalog of Federal Domestic Assistance team and its demonstrated ability to draw down project funds will be made number 93.592, Family Violence Prevention produce a final product that is readily in writing. The official award document and Services) comprehensible and usable. An is the Financial Assistance Award Dated: March 9, 2000. organization chart showing the which provides the amount of Federal Donald Sykes, relationship of the project to the current funds approved for use in the project, Director, Office of Community Services. organization should be included. the project and budget periods for which support is provided, the terms 6. Assurances/Certifications Family Violence Prevention and and conditions of the award, the total Services Program; List of Attachments Applicants are required to file an SF project period for which support is 424B, Assurances—Non-Construction Attachment B–1 Application for Federal contemplated, and the total required Assistance Programs, and the Certification financial grantee participation. Regarding Lobbying. Both must be Attachment B–2 Budget Information—Non General Conditions and Special Construction Programs signed and returned with the Conditions (where the latter are Attachment B–3 Assurances—Non application. In addition, applicants warranted) which will be applicable to Construction Programs must certify their compliance with: (1) grants, grantees will be subject to the Attachment C Certification Regarding Drug Drug-Free Workplace Requirements; and provisions of 45 CFR part 74 or 92. Free Requirements (2) Debarment and Other Grantees will be required to submit Attachment D Certification Regarding Responsibilities; and (3) Certification quarterly progress and semi-annual Debarment, Suspension Regarding Environmental Tobacco financial reports (SF 269) throughout Attachment E Certification Regarding Smoke. These certifications are self- the project period, as well as a final Environmental Tobacco Smoke explanatory. Copies of these assurances/ progress and financial report within 90 Attachment F–1 Certification Regarding certifications are reprinted at the end of days of the termination of the project. Lobbying this Application Kit and should be Grantees are subject to the audit Attachment F–2 Disclosure of Lobbying reproduced as necessary. A duly requirements in 45 CFR parts 74 (non- Activities authorized representative of the governmental), 92 (governmental), OMB Attachment G State Single Point of Contact applicant organization must certify that Circular A–133 and OMB Circular A– Listing the applicant is in compliance with 128. If an applicant does not request BILLING CODE 4184±01±P

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BILLING CODE 4184±01±C

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Instructions for the SF–424 Federal identifier number. If for a new 12. List only the largest political entities Public reporting burden for this collection project, leave blank. affected (e.g., State, counties, cities). of information is estimated to average 45 5. Legal name of applicant, name of 13. Self-explanatory. minutes per response, including time for primary organizational unit which will 14. List the applicant’s Congressional reviewing instructions, searching existing undertake the assistance activity, complete District and any District(s) affected by the data sources, gathering and maintaining the address of the applicant, and name and program or project. data needed, and completing and reviewing telephone number of the person to contact on 15. Amount requested or to be contributed the collection of information. Send matters related to this application. during the first funding/budget period by each contributor. Value of in-kind comments regarding the burden estimate or 6. Enter Employer Identification Number contributions should be included on any other aspect of this collection of (EIN) as assigned by the Internal Revenue appropriate lines as applicable. If the action information, including suggestions for Service. will result in a dollar change to an existing reducing this burden, to the Office of 7. Enter the appropriate letter in the space award, indicate only the amount of the Management and Budget, Paperwork provided. change. For decreases, enclose the amounts Reduction Project (0348–0043), Washington, 8. Check appropriate box and enter in parentheses. If both basic and DC 20503. appropriate letter(s) in the space(s) provided: supplemental amounts are included, show Please do not return your completed form —‘‘New’’ means a new assistance award. breakdown on an attached sheet. For to the Office of Management and Budget. —‘‘Continuation’’ means an extension for an multiple program funding, use totals and Send it to the address provided by the additional funding/budget period for a show breakdown using same categories as sponsoring agency. project with a projected completion date. item 15. This is a standard form used by applicants —‘‘Revision’’ means any change in the 16. Applicants should contact the State as a required facesheet for preapplications Federal Government’s financial obligation Single Point of Contact (SPOC) for Federal and applications submitted for Federal or contingent liability from an existing Executive Order 12372 to determine whether assistance. It will be used by Federal agencies obligation. the application is subject to the State to obtain applicant certification that States 9. Name of Federal agency from which intergovernmental review process. which have established a review and assistance is being requested with this 17. This question applies to the applicant comment procedure in response to Executive application. organization, not the person who signs as the Order 12372 and have selected the program 10. Use the Catalog of Federal Domestic authorized representative. Categories of debt to be included in their process, have been Assistance number and title of the program include delinquent audit disallowances, given an opportunity to review the loans and taxes. applicant’s submission. under which assistance is requested. 11. Enter a brief descriptive title of the 18. To be signed by the authorized Item and Entry project. If more than one program is representative of the applicant. A copy of the 1. Self-explanatory. involved, you should append an explanation governing body’s authorization for you to 2. Date application submitted to Federal on a separate sheet. If appropriate (e.g., sign this application as official representative agency (or State if applicable) and applicant’s construction or real property projects), attach must be on file in the applicant’s office. control number (if applicable). a map showing project location. For (Certain Federal agencies may require that 3. State use only (if applicable). preapplications, use a separate sheet to this authorization be submitted as part of the 4. If this application is to continue or provide a summary description of this application.) revise an existing award, enter present project. BILLING CODE 4184±01±M

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BILLING CODE 4184±01±C

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Instructions for the SF–424A Lines 1–4, Columns (c) through (g) Section C. Non-Federal Resources Public reporting burden for this collection For new applications, leave Column (c) Lines 8–11 of information is estimated to average 180 and (d) blank. For each line entry in Columns Enter amounts of non-Federal resources minutes per response, including time for (a) and (b), enter in Columns (e), (f), and (g) that will be used on the grant. If in-kind reviewing instructions, searching existing the appropriate amounts of funds needed to contributions are included, provide a brief data sources, gathering and maintaining the support the project for the first funding explanation on a separate sheet. data needed, and completing and reviewing period (usually a year). Column (a)—Enter the program titles the collection of information. Send For continuing grant program applications, identical to Column (a), Section A. A comments regarding the burden estimate or submit these forms before the end of each any other aspect of this collection of funding period as required by the grantor breakdown by function or activity is not information, including suggestions for agency. Enter in Columns (c) and (d) the necessary. reducing this burden, to the Office of estimated amounts of funds which will Column (b)—Enter the contribution to be Management and Budget, Paperwork remain unobligated at the end of the grant made by the applicant. Reduction Project (0348–0044), Washington, funding period only if the Federal grantor Column (c)—Enter the amount of the DC 20503. agency instructions provide for this. State’s cash and in-kind contribution if the Please do not return your completed form Otherwise, leave these columns blank. Enter applicant is not a State or State agency. to the Office of Management and Budget. in columns (e) and (f) the amounts of funds Applicants which are a State or State Send it to the address provided by the needed for the upcoming period. The agencies should leave this column blank. sponsoring agency. amount(s) in Column (g) should be the sum Column (d)—Enter the amount of cash and of amounts in Columns (e) and (f). in-kind contributions to be made from all General Instructions For supplemental grants and changes to other sources. This form is designed so that application existing grants, do not use Columns (c) and Column (e)—Enter totals of Columns (b), can be made for funds from one or more grant (d). Enter in Column (e) the amount of the (c), and (d). programs. In preparing the budget, adhere to increase or decrease of Federal funds and Line 12 any existing Federal grantor agency enter in Column (f) the amount of the guidelines which prescribe how and whether increase or decrease of non-Federal funds. In Enter the total for each of Columns (b)–(e). budgeted amounts should be separately Column (g) enter the new total budgeted The amount in Column (e) should be equal shown for different functions or activities amount (Federal and non-Federal) which to the amount on Line 5, Column (f), Section within the program. For some programs, includes the total previous authorized A. grantor agencies may require budgets to be budgeted amounts plus or minus, as Section D. Forecasted Cash Needs separately shown by function or activity. For appropriate, the amounts shown in Column other programs, grantor agencies may require (e) and (f). The amount(s) in Column (g) Line 13 a breakdown by function or activity. Sections should not equal the sum of amounts in Enter the amount of cash needed by quarter A, B, C, and D should include budget Columns (e) and (f). from the grantor agency during the first year. estimates for the whole project except when Line 5, Show the totals for all columns used. Line 14 applying for assistance which requires Federal authorization in annual or other Section B Budget Categories Enter the amount of cash from all other sources needed by quarter during the first funding period increments. In the latter case, In the column headings (1) through (4), year. Sections A, B, C, and D should provide the enter the titles of the same programs, budget for the first budget period (usually a functions, and activities shown on Lines 1– Line 15 year) and Section E should present the need 4, Column (a), Section A. When additional Enter the totals of amounts on Lines 13 and for Federal Assistance in the subsequent sheets are prepared for Section A, provide 14. budget periods. All applications should similar column headings on each sheet. For contain a breakdown by the object class each program, function or activity, fill in the Section E. Budget Estimates of Federal Funds categories shown in Lines a–k of Section B. total requirements for funds (both Federal Needed for Balance of the Project Section A. Budget Summary Lines 1–4 and non-Federal) by object class categories. Lines 16–19 Columns (a) and (b) Line 6a–i Enter in Column (a) the same grant For applications pertaining to a single Show the totals of Lines 6a to 6h in each program titles shown in Column (a), Section Federal grant program (Federal Domestic column. A. A breakdown by function or activity is not necessary. For new applications and Assistance Catalog number) and not requiring Line 6j a functional or activity breakdown, enter on continuation grant applications, enter in the Line 1 under Column (a) the Catalog program Show the amount of indirect cost. proper columns amounts of Federal funds title and the Catalog number in Column (b). Line 6k which will be needed to complete the For applications pertaining to a single Enter the total of amounts on Lines 6i and program or project over the succeeding program requiring budget amounts by 6j. For all applications for new grants and funding periods (usually in years). This multiple functions or activities, enter the continuation grants the total amount in section need not be completed for revisions name of each activity or function on each column (5), Line 6k, should be the same as (amendments, changes, or supplements) to line in Column (a), and enter the Catalog the total amount shown in Section A, funds for the current year of existing grants. number in Column (b). For applications Column (g), Line 5 .For supplemental grants If more than four lines are needed to list pertaining to multiple programs where none and changes to grants, the total amount of the the program titles, submit additional of the programs require a breakdown by increase or decrease as shown in Columns schedules as necessary. function or activity, enter the Catalog (1)–(4), Line 6k should be the same as the Line 20 program title on each line Column (a) and the sum of the amounts in Section A, Columns Enter the total for each of the Columns (b)– respective Catalog number on each line in (e) and (f) on Line 5. Column (b). (e). When additional schedules are prepared For applications pertaining to multiple Line 7 for this Section, annotate accordingly and programs where one or more programs Enter the estimated amount of income, if show the overall totals on this line. require a breakdown by function or activity, any, expected to be generated from Section F. Other Budget Information prepare a separate sheet for each program thisproject. Do not add or subtract this requiring the breakdown. Additional sheets amount from the total project amount. Show Line 21 should be used when one form does not under the program narrative statement the Use this space to explain amounts for provide adequate space for all breakdown of nature and source of income. The estimated individual direct object class cost categories data required. However, when more than one amount of program income may be that may appear to be out of the ordinary or sheet is used, the first page should provide considered by the Federal grantor agency in to explain the details as required by the the summary totals by programs. determining the total amount of the grant. Federal grantor agency.

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Line 22 but are not limited to: (a) Title VI of the Civil (EO) 11514; (b) notification of violating Enter the type of indirect rate (provisional, Rights Act of 1964 (P.L. 88–352) which facilities pursuant to EO 11738; (c) protection predetermined, final or fixed) that will be in prohibits discrimination on the basis of race, of wetlands pursuant to EO 11990; (d) effect during the funding period, the color or national origin; (b) Title IX of the evaluation of flood hazards in floodplains in estimated amount of the base to which the Education Amendments of 1972, as amended accordance with EO 11988; (e) assurance of rate is applied, and the total indirect (20 U.S.C. §§ 1681–1683, and 1685–1686), project consistency with the approved State expense. which prohibits discrimination on the basis management program developed under the of sex; (c) Section 504 of the Rehabilitation Coastal Zone Management Act of 1972 (16 Line 23 Act of 1973, as amended (29 U.S.C. § 794), U.S.C. §§ 1451 et seq.); (f) conformity of Provide any other explanations or which prohibits discrimination on the basis Federal actions to State (Clean Air) comments deemed necessary. of handicaps; (d) the Age Discrimination Act Implementations Plans under Section 176(c) of 1975, as amended (42 U.S.C. §§ 6101– of the Clean Air Act of 1955, as amended (42 Assurances—Non-Construction Programs 6107), which prohibits discrimination on the U.S.C. §§ 7401 et seq.); (g) protection of Public reporting burden for this collection basis of age; (e) the Drug Abuse Office and underground sources of drinking water under of information is estimated to average 15 Treatment Act of 1972 (P.L. 92–255), as the Safe Drinking Water Act of 1974, as minutes per response, including time for amended, relating to nondiscrimination on amended (P.L. 93–523); and, (h) protection of reviewing instructions, searching existing the basis of drug abuse; (f) the endangered species under the Endangered data sources, gathering and maintaining the Comprehensive Alcohol Abuse and Species Act of 1973, as amended (P.L. 93– data needed, and completing and reviewing Alcoholism Prevention, Treatment and 205). the collection of information. Send Rehabilitation Act of 1970 (P.L. 91–616), as 12. Will comply with the Wild and Scenic comments regarding the burden estimate or amended, relating to nondiscrimination on Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) any other aspect of this collection of the basis of alcohol abuse or alcoholism; (g) related to protecting components or potential information, including suggestions for §§ 523 and 527 of the Public Health Service of the national wild and scenic rivers system. reducing this burden, to the Office of Act of 1912 (42 U.S.C. §§ 290 dd–3 and 290 13. Will assist the awarding agency in Management and Budget, Paperwork ee 3), as amended, relating to confidentiality assuring compliance with Section 106 of the Reduction Project (0348–0040), Washington, of alcohol and drug abuse patient records; (h) National Historic Preservation Act of 1966, as DC 20503. Title VIII of the Civil Rights Act of 1968 (42 amended (16 U.S.C. § 470), EO 11593 Please do not return your completed form U.S.C. §§ 3601 et seq.), as amended, relating (identification and protection of historic to the office of management and budget send to nondiscrimination in the sale, rental of properties), and the Archaeological and it to the address provided by the sponsoring financing of housing; (i) any other Historic Preservation Act of 1974 (16 U.S.C. agency. nondiscrimination provisions in specific §§ 469a–1 et seq.). statute(s) under which application for Note: Certain of these assurances may not 14. Will comply with P.L. 93–348 Federal assistance is being made; and, (j) the be applicable to your project or program. If regarding the protection of human subjects you have questions, please contact the requirements of any other nondiscrimination involved in research, development, and awarding agency. Further, certain Federal statue(s) which may apply to the application. related activities supported by this award of awarding agencies may require applicants to 7. Will comply, or has already complied, assistance. certify to additional assurances. If such is the with the requirements of Titles II and III of 15. Will comply with the Laboratory case, you will be notified. the Uniform Relocation Assistance and Real Animal Welfare Act of 1966 (P.L. 89–544, as Property Acquisition Policies Act of 1970 amended, 7 U.S.C. §§ 2131 et seq.) pertaining As the duly authorized representative of (P.L. 91–646) which provide for fair and to the care, handling, and treatment of warm the applicant, I certify that the applicant: equitable treatment of persons displaced or blooded animals held for research, teaching, 1. Has the legal authority to apply for whose property is acquired as a result of or other activities supported by this award of Federal assistance and the institutional, Federal or federally-assisted programs. These assistance. managerial and financial capability requirements apply to all interests in real 16. Will comply with the Lead-Based Paint (including funds sufficient to pay the non- property acquired for project purposes Poisoning Prevention Act (42 U.S.C. §§ 4801 Federal share of project cost) to ensure regardless of Federal participation in et seq.) which prohibits the use of lead-based proper planning, management and purchases. paint in construction or rehabilitation of completion of the project described in this 8. Will comply, a applicable, with residence structures. application. provisions of the Hatch Act (5 U.S.C. 17. Will cause to be performed the required 2. Will give the awarding agency, the §§ 1501–1508 and 7324–7328) which limit financial and compliance audits in Comptroller General of the United States and, the political activities of employees whose accordance with the Single Audit Act if appropriate, the State, through any principal employment activities are funded Amendments of 1996 and OMB Circular No. authorized representative, access to and the in whole or in part with Federal funds. A–133, ‘‘Audits of States, Local right to examine all records, books, papers, 9. Will comply, as applicable, with the Governments, and Non-Profit Organizations.’’ or documents related to the award; and will provisions of the Davis-Bacon Act (40 U.S.C. 18. Will comply with all applicable establish a proper accounting system in §§ 276a to 276a–7), the Copeland Act (40 requirements of all other Federal laws, accordance with generally accepted U.S.C. §276c and 18 U.S.C. § 874), and the executive orders, regulations, and policies accounting standards or agency directives. Contract Work Hours and Safety Standards governing this program. 3. Will establish safeguards to prohibit Act (40 U.S.C. §§ 327–333), regarding labor Signature of Authorized Certifying Official employees from using their positions for a standards for federally-assisted construction lllllllllllllllllllll purpose that constitutes or presents the subagreements. Applicant Organization lllllllll appearance of personal or organizational 10. Will comply, if applicable, with flood Title llllllllllllllllll conflict of interest, or personal gain. insurance purchase requirements of Section Date Submitted lllllllllllll 4. Will initiate and complete the work 102(a) of the Flood Disaster Protection Act of within the applicable time frame after receipt 1973 (P.L. 93–234) which requires recipients Certification Regarding Drug-Free of approval of the awarding agency. in a special flood hazard area to participate Workplace Requirements 5. Will comply with the intergovernmental in the program and to purchase flood This certification is required by the Personnel Act of 1970 (42 U.S.C. §§ 4728– insurance if the total cost of insurable regulations implementing the Drug-Free 4763) relating to prescribed standards for construction and acquisition is $10,000 or Workplace Act of 1988: 45 CFR Part 76, merit systems for programs funded under one more. Subpart, F. Sections 76.630(c) and (d)(2) and of the 19 statutes or regulations specified in 11. Will comply with environmental 76.645(a)(1) and (b) provide that a Federal Appendix A or OPM’s Standards for a Merit standards which may be prescribed pursuant agency may designate a central receipt point System of Personnel Administration (5 C.F.R. to the following: (a) Institution of for STATE-WIDE AND STATE AGENCY- 900, Subpart F). environmental quality control measures WIDE certifications, and for notification of 6.Will comply with all Federal statutes under the National Environmental Policy Act criminal drug convictions. For the relating to nondiscrimination. These include of 1969 (P.L. 91–190) and Executive Order Department of Health and Human Services,

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14588 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices the central pint is: Division of Grants under a grant, including: (i) All direct charge including termination, consistent with the Management and Oversight, Office of employees; (ii) All indirect charge employees requirements of the Rehabilitation Act of Management and Acquisition, Department of unless their impact or involvement is 1973, as amended; or Health and Human Services, Room 517–D, insignificant to the performance of the grant; (2) Requiring such employee to participate 200 Independence Avenue, SW Washington, and, (iii) Temporary personnel and satisfactorily in a drug abuse assistance or DC 20201. consultants who are directly engaged in the rehabilitation program approved for such performance of work under the grant and purposes by a Federal, State, or local health, Certification Regarding Drug-Free Workplace who are on the grantee’s payroll. This law enforcement, or other appropriate Requirements (Instructions for Certification) definition does not include workers not on agency; 1. By signing and/or submitting this the payroll of the grantee (e.g., volunteers, (g) Making a good faith effort to continue application or grant agreement,the grantee is even if used to meet a matching requirement; to maintain a drug-free workplace through providing the certification set out below. consultants or independent contractors not implementation of paragraphs (a), (b), (c), (d), 2. The certification set out below is a on the grantee’s payroll; or employees of (e) and (f). material representation of fact upon which subrecipients or subcontractors in covered (B) The grantee may inset in the space reliance is placed when the agency awards workplaces). provided below the site(s) for the the grant. If it is later determined that the performance of work done in connection grantee knowingly rendered a false Certification Regarding Drug-Free Workplace with the specific grant: certification, or otherwise violates the Requirements Place of Performance (Street address, city, requirements of the Drug-Free Workplace, Alternate I. (Grantees Other Than county, state, zip code) Act, the agency, in addition to any other Individuals) lllllllllllllllllllll remedies available to the Federal lllllllllllllllllllll Government, may take action authorized The grantee certifies that it will or will continue to provide a drug-free workplace by: Check if there are workplaces on file that under the Drug-Free Workplace Act. are not identified here. 3. For grantees other than individuals. (a) Publishing a statement notifying Alternate I applies. employees that the unlawful manufacture, Alternate II. (Grantees Who Are Individuals) 4. For grantees who are individuals, distribution, dispensing, possession, or use of (a) The grantee certifies that, as a condition Alternate II applies. a controlled substance is prohibited in the of the grant, he or she will not engage in the 5. Workplaces under grants, for grantees grantee’s workplace and specifying the unlawful manufacture, distribution, other than individuals, need not be identified actions that will be taken against employees dispensing, possession, or use of a controlled on the certification, If known, they may be for violation of such prohibition; substance in conducting any activity with the identified in the grant application. If the (b) Establishing an ongoing drug-free grant; grantee does not identify the workplaces at awareness program to inform employees (b) If convicted of a criminal drug offense the time of application, or upon award, if about— resulting from a violation occurring during there is no application, the grantee must keep (1) The dangers of drug abuse in the the conduct of any grant activity, he or she the identity of the workplace(s) on file in its workplace; will report the conviction, in writing, within office and make the information available for (2) The grantee’s policy of maintaining a 10 calendar days of the conviction, to every Federal inspection. Failure to identify all drug-free workplace; grant officer or other designee, unless the known workplaces constitutes a violation of (3) Any available drug counseling, Federal agency designates a central point for the grantee’s drug-free workplace rehabilitation, and employee assistance the receipt of such notices. When notice is requirements. programs; and made to such a central point, it shall include 6. Workplace identifications must include (4) The penalties that may be imposed the identification number(s) of each effected the actual address of buildings (or parts of upon employees for drug abuse violations grant. [55 FR 21690, 21702, May 25, 1990] buildings) or other sites where work under occurring in the workplace; the grant takes place. Categorical descriptions (c) Making it a requirement that each Certification Regarding Debarment, may be used (e.g., all vehicles of a mass employee to be engaged in the performance Suspension, and Other Responsibility transit authority of State highway department of the grant be given a copy of the statement Matters required by paragraph (a); while in operation, State employees in each Certification Regarding Debarment, (d) Notifying the employee in the statement local unemployment office, performers in Suspension and Other Responsibility required by paragraph (a) that, as a condition concert halls or radio studios). Matters—Primary Covered Transactions 7. If the workplace identified to the agency of employment under the grant, the employee changes during the performance of the grant, will— Instructions for Certification the grantee shall inform the agency of the (1) Abide by the terms of the statement; 1. By signing and submitting this proposal, change(s), if it previously identified the and the prospective primary participant is workplaces in question (see paragraph five). (2) Notify the employer in writing of his or providing the certification set out below. 8. Definitions of terms in the her conviction for a violation of a criminal 2. The inability of a person to provide the Nonprocurement Suspension and Debarment drug statute occurring in the workplace no certification required below will not common rule and Drug-Free Workplace later than five calendar days after such necessarily result in denial of participation in common rule apply to this certification. conviction; this covered transaction. The prospective Grantees’ attention is called, in particular, to (e) Notifying the agency in writing, within participant shall submit an explanation of the following definitions from these rules: ten calendar days after receiving notice under why it cannot provide the certification set Controlled substance means a controlled paragraph (d)(2) from an employee or out below. The certification or explanation substance in Schedules I through V of the otherwise receiving actual notice of such will be considered in connection with the Controlled Substances Act (21 U.S.C. 812) conviction. Employers of convicted department or agency’s determination and as further defined by regulation (21 CFR employees must provide notice, including whether to enter into the transaction. 1308.11 through 13208.15); position title, to every grant officer or other However, failure of the prospective primary Conviction means a finding of guilt designee on whose grant activity the participant to furnish a certification or an (including a plea of nolo contendere) or convicted employee was working, unless the explanation shall disqualify such person imposition of sentence, or both, by any Federal agency has designated a central point from participation in this transaction. judicial body charged with the responsibility for the receipt of such notices. Notice shall 3. The certification in this clause is a to determine violations of the Federal or include the identification number(s) of each material representation of fact upon which State criminal drug statutes; affected grant; reliance was placed when the department or Criminal drug statute means a Federal or (f) Take one of the following action, within agency determined to enter into this non-Federal criminal statute involving the 30 calendar days of receiving notice under transaction. If it is later determined that the manufacture, distribution, dispensing, use, or paragraph (d)(2), with respect to any prospective primary participant knowingly possession of any controlled substance; employee who is so convicted— rendered an erroneous certification, in Employee means the employee of a grantee (1) Taking appropriate personnel action addition to other remedies available to the directly engaged in the performance of work against such an employee, up to and Federal Government, the department or

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You may contact the department or agency to which this proposal terminate this transaction for cause or person to which this proposal is submitted is submitted if at any time the prospective default. for assistance in obtaining a copy of those primary participant learns that its regulations. certification was erroneous when submitted Certification Regarding Debarment, 5. The prospective lower tier participant or has become erroneous by reason of Suspension, and Other Responsibility agrees by submitting his proposal that, [[Page changed circumstances. Matters—Primary Covered Transactions 33043]] should the proposed covered 5. The terms covered transaction, debarred, (1) The prospective primary participant transaction be entered into, it shall not suspended, ineligible, lower tier covered certifies to the best of its knowledge and knowingly enter into any lower tier covered transaction, participant, person, primary belief, that it and its principals: transaction with a person who is proposed covered transaction, principal, proposal, and (a) Are not presently debarred, suspended, for debarment under 48 CFR part 9, subpart voluntarily excluded, as used in this clause, proposed for debarment, declared ineligible, 9.4, debarred, suspended, declared ineligible, have the meanings set out in the Definitions or voluntarily excluded by any Federal or voluntarily excluded from participation in and Coverage sections of the rules department of agency; this covered transaction, unless authorized implementing Executive Order 12549. You (b) Have not within a three-year period by the department or agency with which this may contact the department or agency to preceding this proposal been convicted of or transaction originated. which this proposal is being submitted for had a civil judgment rendered against them 6. The prospective lower tier participant assistance in obtaining a copy of those for commission of fraud or a criminal offense further agrees by submitting this proposal regulations. in connection with obtaining, attempting to that it will include this clause titled 6. The prospective primary participant obtain, or performing a public (Federal, State ‘‘Certification Regarding Debarment, agrees by submitting this proposal that, or local) transaction or contract under a Suspension, Ineligibility and Voluntary should the proposed covered transaction be public transaction; violation of Federal or Exclusion—Lower Tier Covered entered into, it shall not knowingly enter into State antitrust statutes or commission of Transaction,’’ without modification, in all any lower tier covered transaction with a embezzlement, theft, forgery, bribery, lower tier covered transactions and in all person who is proposed for debarment under falsification or destruction of records, making solicitations for lower tier covered 48 CFR part 9, subpart 9.4, debarred, false statements, or receiving stolen property; transactions. suspended, declared ineligible, or voluntarily (c) Are not presently indicted for or 7. A participant in a covered transaction excluded from participation in this covered otherwise criminally or civilly charged by a may rely upon a certification of a prospective transaction, unless authorized by the governmental entity (Federal, State or local) participant in a lower tier covered department or agency entering into this with commission of any of the offenses transaction that it is not proposed for transaction. enumerated in paragraph (1)(b) of this debarment under 48 CFR part 9, subpart 9.4, 7. The prospective primary participant certification; and debarred, suspended, ineligible, or further agrees by submitting this proposal (d) Have not within a three-year period voluntarily excluded from covered that it will include the clause titled preceding this application/proposal had one transactions, unless it knows that the ‘‘Certification Regarding Debarment, or more public transactions (Federal, State or certification is erroneous. A participant may Suspension, Ineligibility and Voluntary local) terminated for cause or default. decide the method and frequency by which Exclusion-Lower Tier Covered Transaction,’’ (2) Where the prospective primary it determines the eligibility of its principals. provided by the department or agency participant is unable to certify to any of the Each participant may, but is not required to, entering into this covered transaction, statements in this certification, such check the List of Parties Excluded from without modification, in all lower tier prospective participant shall attach an Federal Procurement and Nonprocurement covered transactions and in all solicitations explanation to this proposal. Programs. for lower tier covered transactions. Certification Regarding Debarment, 8. Nothing contained in the foregoing shall 8. A participant in a covered transaction Suspension, Ineligibility and Voluntary be construed to require establishment of a may rely upon a certification of a prospective Exclusion—Lower Tier Covered Transactions system of records in order to render in good participant in a lower tier covered faith the certification required by this clause. transaction that it is not proposed for Instructions for Certification The knowledge and information of a debarment under 48 CFR part 9, subpart 9.4, 1. By signing and submitting this proposal, participant is not required to exceed that debarred, suspended, ineligible, or the prospective lower tier participant is which is normally possessed by a prudent voluntarily excluded from the covered providing the certification set out below. person in the ordinary course of business transaction, unless it knows that the 2. The certification in this clause is a dealings. certification is erroneous. A participant may material representation of fact upon which 9. Except for transactions authorized under decide the method and frequency by which reliance was placed when this transaction paragraph 5 of these instructions, if a it determines the eligibility of its principals. was entered into. If it is later determined that participant in a covered transaction Each participant may, but is not required to, the prospective lower tier participant knowingly enters into a lower tier covered check the List of Parties Excluded from knowingly rendered an erroneous transaction with a person who is proposed Federal Procurement and Nonprocurement certification, in addition to other remedies for debarment under 48 CFR part 9, subpart Programs. available to the Federal Government the 9.4, suspended, debarred, ineligible, or 9. Nothing contained in the foregoing shall department or agency with which this voluntarily excluded from participation in be construed to require establishment of a transaction originated may pursue available this transaction, in addition to other system of records in order to render in good remedies, including suspension and/or remedies available to the Federal faith the certification required by this clause. debarment. Government, the department or agency with The knowledge and information of a 3. The prospective lower tier participant which this transaction originated may pursue participant is not required to exceed that shall provide immediate written notice to the available remedies, including suspension which is normally possessed by a prudent person to which this proposal is submitted if and/or debarment. person in the ordinary course of business at any time the prospective lower tier dealings. participant learns that its certification was Certification Regarding Debarment, 10. Except for transactions authorized erroneous when submitted or had become Suspension, Ineligibility an Voluntary under paragraph 6 of these instructions, if a erroneous by reason of changed Exclusion—Lower Tier Covered Transactions participant in a covered transaction circumstances. (1) The prospective lower tier participant knowingly enters into a lower tier covered 4. The terms covered transaction, debarred, certifies, by submission of this proposal, that transaction with a person who is proposed suspended, ineligible, lower tier covered neither it nor its principals is presently for debarment under 48 CFR part 9, subpart transaction, participant, person, primary debarred, suspended, proposed for 9.4, suspended debarred, ineligible, or covered transaction, principal, proposal, and debarment, declared ineligible, or voluntarily

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14590 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices excluded from participation in this Certification Regarding Lobbying accordingly. This certification is a material transaction by any Federal department or Certification for Contracts, Grants, Loans, and representation of fact upon which reliance agency. Cooperative Agreements was placed when this transaction was made (2) Where the prospective lower tier or entered into. Submission of this The undersigned certifies, to the best of his participant is unable to certify to any of the certification is a prerequisite for making or statements in this certification, such or her knowledge and belief, that: (1) No Federal appropriated funds have entering into this transaction imposed by prospective participant shall attach an section 1352, title 31, U.S. Code. Any person explanation to this proposal. been paid or will be paid, by or on behalf of the undersigned, to any person for who fails to file the required certification Certification Regarding Environmental influencing or attempting to influence an shall be subject to a civil penalty of not less Tobacco Smoke officer or employee of an agency, a Member than $10,000 and not more than $100,000 for Public Law 103227, Part C Environmental of Congress, an officer or employee of each such failure. Tobacco Smoke, also known as the Pro Congress, or an employee of a Member of Statement for Loan Guarantees and Loan Children Act of 1994, requires that smoking Congress in connection with the awarding of Insurance not be permitted in any portion of any indoor any Federal contract, the making of any routinely owned or leased or contracted for Federal grant, the making of any Federal The undersigned states, to the best of his by an entity and used routinely or regularly loan, the entering into of any cooperative or her knowledge and belief, that: for provision of health, day care, education, agreement, and the extension, continuation, If any funds have been paid or will be paid or library services to children under the age renewal, amendment, or modification of any to any person for influencing or attempting of 18, if the services are funded by Federal federal contract, grant, loan, or cooperative to influence an officer or employee of any programs either directly or through State or agreement. agency, a Member of Congress, an officer or local governments, by Federal grant, contract, (2) If any funds other than Federal employee of Congress, or an employee of a loan, or loan guarantee. The law does not appropriated funds have been paid or will be Member of Congress in connection with this apply to children’s services provided in paid to any person for influencing or commitment providing for the United States private residences, facilities funded solely by attempting to influence an officer or to insure or guarantee a loan, the Medicare or Medicaid funds, and portions of employee of any agency, a Member of undersigned shall complete and submit facilities used for inpatient drug or alcohol Congress, an officer or employee of Congress, Standard Form-LLL ‘‘Disclosure form to treatment. Failure to comply with the or an employee of a Member of Congress in Report Lobbying,’’ in accordance with its provisions of the law may result in the connection with this Federal contract, grant, instructions. Submission of this statement is loan, or cooperative agreement, the imposition of a civil monetary penalty of up a prerequisite for making or entering into this undersigned shall complete and submit to $1000 per day and/or the imposition of an transaction imposed by section 1352, title 31, administrative compliance order on the Standard Form-LLL, ‘‘Disclosure Form to U.S. Code. Any person who fails to file the responsible entity. By signing and submitting Report Lobbying,’’ in accordance with its required statement shall be subject to a civil this application the applicant/grantee instructions. certifies that it will comply with the (3) The undersigned shall require that the penalty of not less than $10,000 and not more requirements of the Act. language of this certification be included in than $100,000 for each such failure. The applicant/grantee further agrees that it the award documents for all subawards at all Signature llllllllllllllll will require the language of this certification tiers (including subcontracts, subgrants, and Title llllllllllllllllll be included in any subawards which contain contracts under grants, loans, and Organization llllllllllllll provisions for the children’s services and that cooperative agreements) and that all all subgrantees shall certify accordingly. subrecipients shall certify and disclose BILLING CODE 4184±01±M

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BILLING CODE 4184±01±C

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Attachment F–2 the Federal agency, enter the Federal amount Office of Planning & Research of the award/loan commitment for the prime 1400 Tenth Street, Room 121 Instructions for Completion of SF–LLL, entity identified in item 4 or 5. Sacramento, California 95814 Disclosure of Lobbying Activities 10. (a) Enter the name, address, city, State Telephone: (916) 445–0613 This disclosure form shall be completed by and zip code of the lobbying registrant under FAX: (916) 323–3018 the reporting entity, whether subawardee or the Lobbying Disclosure Act of 1995 engaged prime Federal recipient, at the initiation or by the reporting entity identified in item 4 to Delaware receipt of a covered Federal action, or a influence the covered Federal action. Francine Booth material change to a previous filing, pursuant (b) Enter the full names of the individual(s) State Single Point of Contact to title 31 U.S.C. section 1352. The filing of performing services, and include full address Executive Department a form is required for each payment or if different from 10(a). Enter Last Name, First Office of the Budget agreement to make payment to any lobbying Name, and Middle Initial (MI). 540 S. Dupont Highway—Suite 5 entity for influencing or attempting to 11. The certifying official shall sign and Dover, Delaware 19901 influence an officer or employee of any date the form, print his/her name, title, and Telephone: (302) 739–3326 agency, a Member of Congress, an officer or telephone number. FAX: (302) 739–5661 employee of Congress, or an employee of a According to the Paperwork Reduction District of Columbia Member of Congress in connection with a Act, as amended, no persons are required to covered Federal action. Complete all items respond to a collection of information unless Charles Nichols that apply for both the initial filing and it displays a valid OMB Control Number. The State Single Point of Contact material change report. Refer to the valid OMB control number for this Office of Grants Mgmt. & Dev. implementing guidance published by the information collection is OMB No. 0348– 717 14th Street, N.W. Suite 1200 Office of Management and Budget for 0046. Public reporting burden for this Washington, D.C. 20005 additional information. collection of information is estimated to Telephone: (202) 727–1700 (direct) 1. Identify the type of covered Federal average 10 minutes per response, including (202) 727–6537 (secretary) action for which lobbying activity is and/or time for reviewing instructions, searching FAX: (202) 727–1617 existing data sources, gathering and has been secured to influence the outcome of Florida a covered Federal action. maintaining the data needed, and completing 2. Identify the status of the covered Federal and reviewing the collection of information. Florida State Clearinghouse action. Send comments regarding the burden Department of Community Affairs 3. Identify the appropriate classification of estimate or any other aspect of this collection 2555 Shumard Oak Blvd. this report. If this is a followup report caused of information, including suggestions for Tallahassee, Florida 32399–2100 by a material change to the information reducing this burden, to the Office of Telephone: (850) 922–5438 previously reported, enter the year and Management and Budget, Paperwork FAX: (850) 414–0479 Contact: Cherie Trainor (850) 414–5495 quarter in which the change occurred. Enter Reduction Project (0348–0046), Washington, the date of the last previously submitted DC 20503. Georgia report by this reporting entity for this Attachment G Deborah Stephens, Coordinator covered Federal action. Georgia State Clearinghouse 4. Enter the full name, address, city, State State Single Point of Contact Listing Maintained by OMB 270 Washington Street, S.W.—8th Floor and zip code of the reporting entity. Include Atlanta, Georgia 30334 Congressional District, if known. Check the In accordance with Executive Order Telephone: (404) 656–3855 appropriate classification of the reporting #12371, ‘‘Intergovernmental Review of FAX: (404) 656–7901 entity that designates if it is, or expects to be, Federal Programs,’’ Section 4, ‘‘the Office of a prime or subaward recipient. Identify the Management and Budget (OMB) shall Illinois tier of the subawardee, e.g., the first maintain a list of official State entities Virginia Bova, State Single Point of Contact subawardee of the prime is the 1st tier. designated by the States to review and Illinois Department of Commerce and Subawards include but are not limited to coordinate proposed Federal financial Community Affairs subcontracts, subgrants and contract awards assistance and direct Federal development.’’ James R. Thompson Center under grants. This attached listing is the OFFICIAL OMB 100 West Randolph, Suite 3–400 5. If the organization filing the report in LISTING. This listing is also published in the Chicago, Illinois 60601 item 4 checks ‘‘Subawardee,’’ then enter the Catalogue of Federal Domestic Assistance Telephone: (312) 814–6028 full name, address, city, State and zip code biannually FAX: (312) 814–1800 of the prime Federal recipient. Include August 23, 1999—OMB State Single Point of Congressional District, if known. Indiana Contact Listing* 6. Enter the name of the Federal agency Renee Miller making the award or loan commitment. Arizona State Budget Agency Include at least one organizational level Joni Saad 212 State House below agency name, if known. For example, Arizona State Clearinghouse Indianapolis, Indiana 46204–2796 Department of Transportation, United States 3800 N. Central Avenue Telephone: (317) 233–2971 (directline) Coast Guard. Fourteenth Floor FAX: (317) 233–3323 7. Enter the Federal program name or Phoenix, Arizona 85012 Iowa description for the covered Federal action Telephone: (602) 280–1315 (item 1). If known, enter the full Catalog of FAX: (602) 280–8144 Steven R. McCann Federal Domestic Assistance (CFDA) number Division for Community Assistance for grants, cooperative agreements, loans, and Arkansas Iowa Department of Economic Development loan commitments. Mr. Tracy L. Copeland 200 East Grand Avenue 8. Enter the most appropriate Federal Manager, State Clearinghouse Des Moines, Iowa 50309 identifying number available for the Federal Office of Intergovernmental Services Telephone: (515) 242–4719 action identified in item 1 (e.g., Request for Department of Finance and Administration FAX: (515) 242–4809 Proposal (RFP) number; Invitation for Bid 515 W. 7th St., Room 412 Kentucky (IFB) number; grant announcement number; Little Rock, Arkansas 72203 the contract, grant, or loan award number; Telephone: (501) 682–1074 Kevin J. Goldsmith, Director the application/proposal control number FAX: (501) 682–5206 Sandra Brewer, Executive Secretary assigned by the Federal agency). Include Intergovernmental Affairs prefixes, e.g., ‘‘RFP–DE–90–001.’’ California Office of the Governor 9. For a covered Federal action where there Grants Coordination 700 Capitol Avenue has been an award or loan commitment by State Clearinghouse Frankfort, Kentucky 40601

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Telephone: (502) 564–2611 New York Telephone: (608) 266–0267 FAX: (502) 564–0437 New York State Clearinghouse FAX: (608) 267–6931 Maine Division of the Budget Wyoming State Capitol Joyce Benson Albany, New York 12224 Sandy Ross State Planning Office Telephone: (518) 474–1605 State Single Point of Contact 184 State Street FAX: (518) 486–5617 Department of Administration and 38 State House Station Information Augusta, Maine 04333 North Carolina 2001 Capitol Avenue, Room 214 Telephone: (202) 287–3261 Jeanette Furney Cheyenne, WY 82002 FAX: (202) 287–6489 North Carolina Department of Administration Telephone: (307) 777–5492 FAX: (307) 777–3696 Maryland 116 West Jones Street—Suite 5106 Raleigh, North Carolina 27603–8003 Territories Linda Janey Telephone: (919) 733–7232 Manager, Plan & Project Review FAX: (919) 733–9571 Guam Maryland Office of Planning 301 W. Preston Street—Room 1104 North Dakota Joseph Rivera, Acting Director Bureau of Budget and Management Research Baltimore, Maryland 21201–2365 North Dakota Single Point of Contact Staff Contact: Linda Janey Office of the Governor Office of Intergovernmental Assistance P.O. Box 2950 Telephone: (410) 767–4490 600 East Boulevard Avenue FAX: (410) 767–4480 Agana, Guam 96932 Bismarck, North Dakota 58505–0170 Telephone: (671) 475–9411 or 9412 Michigan Telephone: (701) 224–2094 FAX: (671) 472–2825 FAX: (701) 224–2308 Richard Pfaff Puerto Rico Southeast Michigan Council of Governments Rhode Island Jose Caballero-Mercado, Chairman 660 Plaza Drive—Suite 1900 Kevin Nelson, Review Coordinator Detroit, Michigan 48226 Puerto Rico Planning Board Department of Administration Federal Proposals Review Office Telephone: (313) 961–4266 Division of Planning FAX: (313) 961–4869 Minillas Government Center One Capitol Hill, 4th Floor P.O. Box 41119 Mississippi Providence, Rhode Island 02908–5870 San Juan, Puerto Rico 00940–1119 Telephone: (401) 277–2656 Telephone: (787) 727–4444 Cathy Mallette FAX: (401) 277–2083 Clearinghouse Officer (787) 723–6190 Department of Finance and Administration South Carolina FAX: (787) 724–3270 550 High Street Omeagia Burgess North Marina Islands 303 Walters Sillers Building State Single Point of Contact Mr. Alvaro A. Santos, Executive Officer Jackson, Mississippi 39201–3087 Budget and Control Board Office of Management and Budget Telephone: (601) 359–6762 Office of State Budget Officer of the Governor FAX: (601) 359–6758 1122 Ladies Street—12th Floor Saipan, MP 96950 Missouri Columbia, South Carolina 29201 Telephone: (670) 664–2256 Telephone: (803) 734–0494 FAX: (670) 664–2272 Lois Phol FAX: (803) 734–0645 Federal Assistance Clearinghouse Contact person: Ms. Jacoba T. Seman, Federal Office of Administration Texas Programs Coordinator P.O. Box 809 Telephone: (670) 664–2289 Tom Adams FAX: (670) 664–2272 Jefferson Building, 9th Floor Governor’s Office Jefferson City, Missouri 65102 Director, Intergovernmental Coordination Virgin Islands Telephone: (314) 751–4834 P.O. Box 12428 Nellon Bowry FAX: (314) 751–7819 Austin, Texas 78711 Director, Office of Management and Budget Nevada Telephone: (512) 463–1771 #41 Norregade Emancipation Garden FAX: (512) 936–2681 Department of Administration Station, Second Floor State Clearinghouse Utah Saint Thomas, Virgin Islands 00802 209 E. Musser Street, Room 220 Carolyn Wright Please direct all questions and Carson City, Nevada 89710 Utah State Clearinghouse correspondence about intergovernmental Telephone: (702) 687–4065 Office of Planning and Budget review to: Linda Clarke Telephone (809) 774– FAX: (702) 687–3983 Room 116 State Capitol 0750 FAX: (809) 776–0069. Contact: Heather Elliot (702) 687–6367 Salt Lake City, Utah 84114 If you would like a copy of this list faxed Telephone: (801) 538–1027 to your office, please call our publications New Hampshire FAX: (801) 538–1547 office at: (202) 395–9068 Jeffrey H. Taylor *In accordance with Executive Order Director, New Hampshire Office of State West Virginia #12372, ‘‘Intergovernmental Review of Planning Fred Cutlip, Director Federal Programs,’’ this listing represents the Attn: Intergovernmental Review Process Community Development Division designed State Single Points of Contact. The Mike Blake W. Virginia Development Office jurisdictions not listed no longer participate 21⁄2 Beacon Street Building #6, Room 553 in the process BUT GRANT APPLICANTS Concord, New Hampshire 03301 Charleston, West Virginia 25305 ARE STILL ELIGIBLE TO APPLY FOR THE Telephone: (603) 271–2155 Telephone: (304) 558–4010 GRANT EVEN IF YOUR STATE, FAX: (603) 271–1728 FAX: (304) 558–3248 TERRITORY, COMMONWEALTH, ETC DOES NOT HAVE A ‘‘STATE SINGLE POINT New Mexico Wisconsin OF CONTACT.’’ STATES WITHOUT Nick Mandell Jeff Smith ‘‘STATE SINGLE POINTS OF CONTACT’’ Local Government Division Section Chief, Federal/State Relations INCLUDE: Alabama, Alaska; American Room 201 Bataan Memorial Building Wisconsin Department of Administration Samoa; Colorado; Connecticut; Hawaii; Santa Fe, New Mexico 87503 101 East Wilson Street—6th Floor Idaho; Kansas; Louisiana; Massachusetts, Telephone: (505) 827–3640 P.O. Box 7868 Minnesota; Montana; Nebraska; New Jersey; FAX: (505) 827–4984 Madison, Wisconsin 53707 Ohio; Oklahoma; Oregon; Palau;

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Pennsylvania; South Dakota; Tennessee; DEPARTMENT OF HEALTH AND The Commissioner has determined that Vermont, Virginia; and Washington. This list HUMAN SERVICES it is in the public interest to renew the is based on the most current information charters of the committees listed below provided by the States. Information on any Food and Drug Administration for an additional 2 years beyond charter changes or apparent errors should be expiration date. The new charters will provided to the Office of Management and Advisory Committee; Renewals be in effect until the dates of expiration Budget and the State in question. Changes to AGENCY: Food and Drug Administration, listed below. This notice is issued under the list will only be made upon formal HHS. the Federal Advisory Committee Act of notification by the State. Also, this listing is October 6, 1972 (Public Law 92–463 (5 ACTION: Notice. published biannually in the Catalogue of U.S.C. app. 2)). Federal Domestic Assistance. SUMMARY: The Food and Drug DATES: Authority for these committees [FR Doc. 00–6547 Filed 3–16–00; 8:45 am] Administration (FDA) is announcing the will expire on the date indicated below BILLING CODE 4184±01±M renewal of certain FDA advisory unless the Commissioner formally committees by the Commissioner of determines that renewal is in the public Food and Drugs (the Commissioner). interest.

Name of committee Date of Expiration

Advisory Committee on Special Studies Relating to the Possible Long- Term Health Effects of Phenoxy Herbicides and Contaminants December 2, 2001 Food Advisory Committee December 18, 2001 Vaccines and Related Biological Products Advisory Committee December 31, 2001 Advisory Committee for Pharmaceutical Science January 22, 2002 Pharmacy Compounding Advisory Committee February 3, 2002 Medical Imaging Drugs Advisory Committee February 28, 2002

FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, Pub. Proposed Project: Healthy Schools, Donna M. Combs, Committee L. 104–13), the Health Resources and Healthy Communities Program Data Management Office (HFA–306), Food Services Administration (HRSA) Collection and Progress Report (OMB and Drug Administration, 5600 Fishers publishes periodic summaries of No. 0915–0188)—Revision Lane, Rockville, MD 20857, 301–827– proposed projects being developed for 5496. submission to OMB under the This is a request for revision of Dated: March 9, 2000. Paperwork Reduction Act of 1995. To approval of the Healthy Schools Data request more information on the System, which contains the annual Linda A. Suydam, proposed project or to obtain a copy of reporting requirements for the Healthy Senior Associate Commissioner. the data collection plans and draft Schools, Healthy Communities grantees [FR Doc. 00–6575 Filed 3–16–00; 8:45 am] instruments, call the HRSA Reports funded by the Bureau of Primary Health BILLING CODE 4160±01±F Clearance Officer on (301) 443–1129. Care (BPHC), HRSA. Authorizing Comments are invited on: (a) Whether legislation is found in Public Law 104– the proposed collection of information DEPARTMENT OF HEALTH AND 299, Health Center Consolidation Act of is necessary for the proper performance 1996, enacting Section of the Public HUMAN SERVICES of the functions of the agency, including Health Service Act. whether the information shall have Health Resources and Services practical utility; (b) the accuracy of the The Healthy Schools, Healthy Administration agency’s estimate of the burden of the Communities program provides Agency Information Collection proposed collection of information; (c) comprehensive primary and preventive Activities: Proposed Collection: ways to enhance the quality, utility, and health care services. The purpose of the Comment Request clarity of the information to be progress report is to collect data specific collected; and (d) ways to minimize the to school health services, such as In compliance with the requirement burden of the collection of information service utilization, health problems and for opportunity for public comment on on respondents, including through the risk behaviors. proposed data collection projects use of automated collection techniques The estimated response burden is as (section 3506(c)(2)(A) of Title 44, United or other forms of information follows: States Code, as amended by the technology.

Responses Form Number of re- per respond- Hours per re- Total burden spondents ent sponse hour

Progress Report ...... 100 4 2 800

Total ...... 100 ...... 800

Send comments to Susan G. Queen, Room 14–33, Parklawn Building, 5600 Written comments should be received Ph.D., HRSA Reports Clearance Officer, Fishers Lane, Rockville, MD 20857. within 60 days of this notice.

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Dated: March 13, 2000. proposed project or to obtain a copy of Comprehensive AIDS Resource Jane Harrison, the data collection plans and draft Emergency (CARE) Act of 1990), Director, Division of Policy Review and instruments, call the HRSA Reports provides categorical funding to increase Coordination. Clearance Officer on (301) 443–1129. the capacity and capability of [FR Doc. 00–6628 Filed 3–16–00; 8:45 am] Comments are invited on: (a) Whether organizations that provide primary BILLING CODE 4160±15±U the proposed collection of information health care to HIV-related early is necessary for the proper performance intervention services to medically of the functions of the agency, including underserved persons who have, or are at DEPARTMENT OF HEALTH AND whether the information shall have high risk for, HIV infection. These HUMAN SERVICES practical utility; (b) the accuracy of the services are provided as part of a agency’s estimate of the burden of the continuum of HIV prevention and Health Resources and Services proposed collection of information; (c) health care services. Administration ways to enhance the quality, utility, and This clearance request is for a revision clarity of the information to be Agency Information Collection of OMB approval of the Title III Program collected; and (d) ways to minimize the Activities: Proposed Collection: Data Report form, which is submitted burden of the collection of information Comment Request annually by Title III grant recipients. on respondents, including through the The bulk of the information being In compliance with the requirement use of automated collection techniques collected describes the epidemiologic for opportunity for public comment on or other forms of information and demographic characteristics of the proposed data collection projects technology. (section 3506(c)(2)(A) of Title 44, United populations receiving early intervention States Code, as amended by the Proposed Project: Grantee Reporting services from grant recipients, and Paperwork Reduction Act of 1995, Pub. Requirements for the Ryan White provides the basis for the annual report L. 104–13), the Health Resources and Comprehensive AIDS Resources to the Secretary, which is legislatively Services Administration (HRSA) Emergency (CARE) Act of 1990, Title III mandated. It is also used to monitor the publishes periodic summaries of HIV Early Intervention Services delivery of services, guide federal proposed projects being developed for Program (OMB 0915–0158)—Revision policy, and assist in program submission to OMB under the Section 2651 of the Public Health development and evaluation. Paperwork Reduction Act of 1995. To Service (PHS) Act (commonly known as The estimated response burden is as request more information on the Title III of the Ryan White follows:

Responses Form Number of re- per respond- Hours per re- Total burden spondents ent sponse hour

Progress Report ...... 348 1 84 29,232

Total ...... 348 ...... 29,232

Send comments to Susan G. Queen, medical and psychological services; ANNOUNCEMENT AVAILABILITY: The HRSA Reports Clearance Officer, Room legal and social services; and research program announcement and the 14–33, Parklawn Building, 5600 Fishers and training for health care providers application materials are available from Lane, Rockville, MD 20857. Written outside of treatment centers to enable Marta Brenden, Office of Refugee comments should be received within 60 the provision of services to victims of Resettlement (ORR) 370 L’Enfant days of this notice. torture. Promenade, SW, Washington DC 20447 Dated: March 13, 2000. and from the ORR website at SUMMARY: The Office of Refugee www.acf.dhhs.gov/programs/orr. Jane Harrison, Resettlement (ORR), Administration for FOR FURTHER INFORMATION CONTACT: Director, Division of Policy Review and Children and Families (ACF), Coordination. Marta Brenden, Refugee Program announces that competing applications Specialist, Division of Community [FR Doc. 00–6629 Filed 3–16–00; 8:45 am] will be accepted for Category I— Resettlement, Office of Refugee BILLING CODE 4160±15±U ‘‘Treatment and Services for Torture Resettlement, Tel (202) 205–3589, Fax Survivors,’’ grants to provide assistance (202) 401–5772, to victims of torture, including [email protected]. DEPARTMENT OF HEALTH AND treatment for the physical and SUPPLEMENTARY INFORMATION: This HUMAN SERVICES (DHHS) psychological effects of torture; and program announcement consists of four social and legal services, and Category Administration for Children and parts: Families (ACF) II—‘‘Technical Assistance for Treatment Part I: Background and General and Service Providers for Torture Information—background, purpose and [Program Announcement CFDA Number Survivors,’’ a cooperative agreement for 93.604] objectives, legislative authority, funding one organization to provide technical availability, CFDA Number, eligible assistance such as research and training Discretionary Funds for Assistance for applicants, project and budget periods. activities for the torture treatment Treatment of Torture Survivors Part II. General Instructions for centers and other health care providers. Preparing a Full Project Description AGENCY: Office of Refugee Resettlement DATES: The closing date for submission Part III: The Review Process— (ORR), ACF, DHHS. of applications is May 15, 2000. See Part intergovernmental review, initial ACF ACTION: Request for applications for IV of this announcement for more screening, evaluation criteria and services to victims of torture, including information on submitting applications. competitive review.

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Part IV: The Application—application or coercing him or a third person for any 13,600,000 refugees and asylum seekers development, application submission, reason based on discrimination of any kind, in the world and 20 million internally certifications, and applicable when such pain or suffering is inflicted by displaced persons. The estimates of regulations and reporting requirements. or at the instigation of or with the consent refugees, asylum seekers and displaced Paperwork Reduction Act of 1995 or acquiescence of a public official or other persons who have been tortured vary person acting in an official capacity. It does (Pub. L. 104–13): Public reporting not include pain or suffering arising only widely from 5% to 35%. This burden for this collection of information from, inherent in or incidental to lawful announcement, which focuses on is estimated to average 30 hours per sanctions. health, social and legal services for response, including the time for torture survivors, as well as education The United States ‘‘Torture Victims reviewing instructions, gathering and and training of providers, recognizes Relief Act of 1998’’ uses the definition maintaining the data needed, and that torture may have been an of torture given the term in 18 U.S.C. reviewing the collection of information. experience of many members of groups 2340(l) and ‘‘includes the use of rape The following information collection is residing in the United States, including and other forms of sexual violence by a included in the program announcement: refugees, asylees, immigrants, other person acting under the color of law OMB Approval No. 0970–0139, ACF displaced persons, and U.S. citizens. upon another person under his custody UNIFORM PROJECT DESCRIPTION Using data cited above, it has been or physical control.’’ The definition of (UPD), which expires 10/31/2000. An estimated that there may be more than ‘‘torture’’ at 18 U.S. C. 2340(l) provides agency may not conduct or sponsor, and 400,000 torture survivors in the United that: torture means an act committed by a person is not required to respond to States. a person under the color of law a collection of information unless it specifically intended to inflict severe Consequences of Torture and Services displays a currently valid OMB control physical or mental pain or suffering for Torture Survivors number. (other than pain or suffering incidental Physical consequences of torture may Part I. Background and General to lawful sanctions) upon another be extensive and severe. Specific Information person within his custody or physical neuropsychological symptoms are often Background control; difficult to diagnose because of head This provision also defines the term injuries and the multiplicity of Torture and Torture Victims ‘‘severe mental pain or suffering’’ as: the symptoms. Post-traumatic stress The psychosocial and health prolonged mental harm caused by or disorder, depression, substance abuse, consequences of violence and traumatic resulting from— and other anxiety disorders are common stress have emerged as one of the public (A) The intentional infliction or diagnoses among torture survivors. health problems of our time. Torture threatened infliction of severe physical Therefore, for many severely tortured constitutes one of the most extreme pain or suffering; individuals, access to medical forms of trauma, with the potential for (B) The administration or application, practitioners and sophisticated long-term psychological and physical or threatened administration or diagnostic instruments and testing (e.g., suffering. The term torture has been application, of mind-altering substances neuro-imaging, cognitive functions, defined in different ways by different or other procedures calculated to etc.), for the purpose of differential organizations and for different purposes. disrupt profoundly the senses or the diagnosis, is paramount. The two most commonly used personality; A high percentage of torture survivors definitions of torture were formulated (C) The threat of imminent death; or are in need of social and legal services. by the World Health Organization (D) The threat that another person Access to legal and immigration services (WHO) and by the United Nations (UN). will imminently be subjected to death, is usually a priority. Social services, The WHO, which governs professional severe physical pain or suffering, or the such as employment assistance and standards and ethics for physicians, administration or application of mind- training, are also extremely important developed its definition in 1975; it is altering substances or other procedures and correlate with successful frequently called the ‘‘Declaration of calculated to disrupt profoundly the psychosocial adjustment and well- Tokyo,’’ and it represents a popular senses or personality. being. From the national experience It should be emphasized that, for definition among the medical with refugees and survivors of wartime purposes of this announcement, the community. It defines torture as: violence, it has been demonstrated that ‘‘* * * the deliberate, systematic or experience of torture may include early and adequate access to social and wanton infliction of physical or mental specific characteristics of torture as legal services may also preclude the suffering by one or more persons acting documented in personal testimony or in need for more specialized psychological alone or on the orders of any authority, clinical, medical, or detention settings. treatment services. to force another person to yield Some specific examples of physical and The torture rehabilitation and information, to make a confession, or for psychological types of torture are: treatment center movement, which was any other reason.’’ systemic beating, sexual torture, established in Denmark in the 1970’s, The UN definition, developed at the electrical torture, suffocation, burning, and adopted in the US, Canada, France same time and revised in 1989, narrows bodily suspension, pharmacological and other countries, has led to the the concept of torture somewhat by torture, mutilations, dental assaults, growth of specialized torture survivor adding the legal and political deprivation and exhaustion, threats treatment centers in select parts of the responsibilities of governments. It about the use of torture, witnessing the nation. Although the treatment center states: torture of others, humiliation, and movement has created opportunities for isolation. treatment and training in specific urban * * * the term ‘torture’ means any act by Estimates of the number of torture areas, many torture survivors do not which severe pain or suffering, whether physical or mental, is intentionally inflicted survivors have been established have access to these highly specialized on a person for such purposes as obtaining primarily by extrapolating from the programs. Medical, social and legal from him or, a third person, information or major populations at risk—refugees and services for torture survivors are needed a confession, punishing him for an act he or internally displaced persons. In 1997, in areas and in settings and institutions a third person has committed, or intimidating there were estimated to be more that wherever torture survivors will seek

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As stated in Sec. 5 (a) Torture survivors, now in the United Purpose ASSISTANCE FOR TREATMENT OF States, should be provided with the TORTURE VICTIMS—The Secretary of The project description provides a rehabilitation services which would Health and Human Services may major means by which an application is enable them to become productive evaluated and ranked to compete with community members. The Torture provide grants to programs in the United States to cover the cost of the other applications for available Victims Relief Act of 1998 provides for assistance. The project description services for the treatment of the following services: (1) Services for the rehabilitation of should be concise and complete and psychological and physical effects of should address the activity for which torture, social and legal services for victims of torture, including treatment of the physical and psychological effects Federal funds are being requested. torture survivors, and research and Supporting documents should be training for health care providers. of torture. (2) Social and legal services for included where they can present Purpose and Objectives victims of torture. information clearly and succinctly. The Office of Refugee Resettlement (3) Research and training for health Applicants are encouraged to provide (ORR), Administration for Children and care providers outside of treatment information on their organizational Families (ACF) intends to fund grant centers, or programs for the purpose of structure, staff, related experience, and applications for 10–15 organizations to enabling such providers to provide the other information considered to be provide assistance to victims of torture, services described in paragraph (1). relevant. Awarding offices use this and and for one organization under a In November 1999, Congress enacted other information to determine whether cooperative agreement to provide the ‘‘Torture Victims Relief the applicant has the capability and technical assistance, such as research Reauthorization Act of 1999,’’ Pub. Law resources necessary to carry out the and training to the torture treatment 106–87 (22 U.S. C. 2151 note). proposed project. It is important, therefore, that this information be centers, social and legal service Funding Availability providers and health care providers. included in the application. However, Applications should be clearly Congress appropriated $7,500,000 for in the narrative the applicant must labeled for either Category I—Treatment carrying out section 5 of the Torture distinguish between resources directly and Services for Torture Survivors or Victims Relief Act of 1998. Department related to the proposed project from Category II—Technical Assistance for of Health and Human Services those that will not be used in support Treatment Centers and Service Appropriations Act, 2000, as enacted by of the specific project for which funds Providers for Torture Survivors. Under section 1000(a)(4) of the Consolidated are requested. the cooperative agreement for technical Appropriations Act, 2000 (Pub. L. 106– General Instructions assistance Category II, ORR intends to 113). As a result of a rescission of Cross-referencing should be used review and approve: (1) proposed plan approximately 3%, the funds available rather than repetition. ACF is for technical assistance activities, (2) under this program announcement total particularly interested in specific factual schedule, location, and individual $7,265,000 for the federal fiscal year information and statements of treatment centers and community-based 2000. ORR anticipates making 10–15 measurable goals in quantitative terms. agencies where site visits will be grants in the amounts of $500,000– Project descriptions are evaluated on the conducted, (3) training and research $750,000 and making a cooperative basis of substance, not length. Extensive plans, and (4) locations of proposed agreement for technical assistance for exhibits are not required. (Supporting workshops. approximately $300,000. information concerning activities that Not all torture survivors have the Applications for subsequent year will not be directly funded by the grant same medical, psychological, social, or continuation grants funded under these or information that does not directly legal needs, and services funded under awards will be entertained on a non- pertain to an integral part of the grant this announcement should reflect competitive basis, subject to the funded activity should be placed in an diverse populations to be targeted and availability of funds, satisfactory appendix.) Pages should be numbered services to be provided. This is progress of the grantee, and a and a table of contents should be particularly true when considering determination that continued funding included for easy reference. conventional psychological services. It would be in the best interest of the is emphasized that, within the clinical, Government. Project Summary/Abstract social and legal service domains, CFDA Number: 93.604. Provide a summary of the project proposals are encouraged that will Eligible Applicants description (a page or less) with address a broad menu of services for Eligible applicants are public or reference to the funding request. torture survivors and may include private organizations and institutions. collaborative relationships. Partnerships Objectives and Need for Assistance are encouraged among several Project and Budget Periods Clearly identify the physical, organizations in order to provide a Under this announcement, ORR economic, social, financial, comprehensive program of services. For solicits applications for Category I for institutional, and/or other problem(s) example, an organization that currently approximately 10–15 grants to provide requiring a solution. The need for provides legal advice to detained assistance to survivors of torture for up assistance must be demonstrated and asylum seekers, who are torture to 4 years with successive one year the principal and subordinate objectives survivors, might collaborate with budget periods and for Category II one of the project must be clearly stated; another social service or clinical cooperative agreement to provide supporting documentation, such as organization to pool resources and technical assistance for up to 4 years to letters of support and testimonials from expand their range of services. torture treatment centers, social and concerned interests other than the

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In include estimation methods, quantities, developing the project description, the Staff and Position Data unit costs, and other similar quantitative applicant may volunteer or be requested Provide a biographical sketch for each detail sufficient for the calculation to be to provide information on the total key person appointed and a job duplicated. The detailed budget must range of projects currently being description for each vacant key position. also include a breakout by the funding conducted and supported (or to be A biographical sketch will also be sources identified in Block 15 of the SF– initiated), some of which may be required for new key staff as appointed. 424. Provide a narrative budget outside the scope of the program justification that describes how the announcement. Organization Profiles categorical costs are derived. Discuss Provide information on the applicant the necessity, reasonableness, and Results or Benefits Expected organization(s) and cooperating partners allocability of the proposed costs. Identify the results and benefits to be such as organizational charts, financial General statements, audit reports or statements derived. For example, an applicant The following guidelines are for might describe torture survivors and the from CPAs/Licensed Public Accountants, Employer Identification preparing the budget and budget benefits to the survivors of the proposed justification. Both Federal and non- services. Numbers, names of bond carriers, contact persons and telephone numbers, Federal resources shall be detailed and Approach child care licenses and other justified in the budget and narrative documentation of professional justification. For purposes of preparing Outline a plan of action which accreditation, information on the budget and budget justification, describes the scope and detail of how compliance with Federal/State/local ‘‘Federal resources’’ refers only to the the proposed work will be government standards, documentation ACF grant for which you are applying. accomplished. Account for all functions of experience in the program area, and Non-Federal resources are all other or activities identified in the other pertinent information. Any non- Federal and non-Federal resources. It is application. Cite factors which might profit organization submitting an suggested that budget amounts and accelerate or decelerate the work and application must submit proof of its computations be presented in a state your reason for taking the non-profit status in its application at the columnar format: first column, object proposed approach rather than others. time of submission. The non-profit class categories; second column, Federal Describe any unusual features of the agency can accomplish this by budget; next column(s), non-Federal project such as design or technological providing a copy of the applicant’s budget(s), and last column, total budget. innovations, reductions in cost or time, listing in the Internal Revenue Service’s The budget justification should be a or extraordinary social and community (IRS) most recent list of tax-exempt narrative. involvement. organizations described in Section Personnel Provide quantitative monthly or 501(c)(3) of the IRS code, or by Description: Costs of employee quarterly projections of the providing a copy of the currently valid salaries and wages. accomplishments to be achieved for IRS tax exemption certificate, or by Justification: Identify the project each function or activity in such terms providing a copy of the articles of director or principal investigator, if as the number of people to be served incorporation bearing the seal of the known. For each staff person, provide and the number of microloans made. State in which the corporation or the title, time commitment to the project For an example of the approach in association is domiciled. (in months), time commitment to the providing services to torture survivors, Dissemination Plan project (as a percentage or full-time the applicant might provide quantitative equivalent), annual salary, grant salary, monthly or quarterly projections of Provide a plan for distributing reports wage rates, etc. Do not include the costs clients taken into service and the and other project outputs to colleagues of consultants or personnel costs of number of clinical, social or legal and the public. Applicants must provide delegate agencies or of specific interventions. When accomplishments a description of the kind, volume and project(s) or businesses to be financed cannot be quantified by activity or timing of distribution. by the applicant. function, list them in chronological Third-Party Agreements Fringe Benefits order to show the schedule of Include written agreements between accomplishments and their target dates. Description: Costs of employee fringe grantees and subgrantees or benefits unless treated as part of an Identify the kinds of data to be subcontractors or other cooperating approved indirect cost rate. collected, maintained, and/or entities. These agreements must detail Justification: Provide a breakdown of disseminated. Note that clearance from scope of work to be performed, work the amounts and percentages that the U.S. Office of Management and schedules, remuneration, and other comprise fringe benefit costs such as Budget might be needed prior to a terms and conditions that structure or health insurance, FICA, retirement ‘‘collection of information’’ that is define the relationship. insurance, taxes, etc. ‘‘conducted or sponsored’’ by ACF. List organizations, cooperating entities, Letters of Support Travel consultants, or other key individuals Provide statements from community, Description: Costs of project-related who will work on the project along with public and commercial leaders that travel by employees of the applicant a short description of the nature of their support the project proposed for organization (does not include costs of effort or contribution. funding. consultant travel).

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Justification: For each trip, show the is in the process of initially developing applicant must meet the eligibility total number of traveler(s), travel or renegotiating a rate, it should requirements of the program for which it is destination, duration of trip, per diem, immediately upon notification that an applying prior to submitting an application mileage allowances, if privately owned award will be made, develop a tentative to its SPOC, if applicable, or to ACF. vehicles will be used, and other indirect cost rate proposal based on its In accordance with Executive Order transportation costs and subsistence most recently completed fiscal year in #12372, ‘‘Intergovernmental Review of allowances. Travel costs for key staff to accordance with the principles set forth Federal Programs,’’ this listing attend ACF-sponsored workshops in the cognizant agency’s guidelines for represents the designated State Single should be detailed in the budget. establishing indirect cost rates, and Points of Contact. The jurisdictions not submit it to the cognizant agency. listed no longer participate in the Equipment Applicants awaiting approval of their process but grant applicants are still Description: Costs of tangible, non- indirect cost proposals may also request eligible to apply for the grant even if expendable, personal property, having a indirect costs. It should be noted that your state, territory, commonwealth, etc. useful life of more than one year and an when an indirect cost rate is requested, does not have a ‘‘State Single Point of acquisition cost of $5,000 or more per those costs included in the indirect cost Contact.’’ Jurisdictions without ‘‘State unit. However, an applicant may use its pool should not also be charged as Single Points of Contacts’’ include: own definition of equipment provided direct costs to the grant. Also, if the Alabama; Alaska; American Samoa; that such equipment would at least applicant is requesting a rate which is Colorado; Connecticut; Kansas; Hawaii; include all equipment defined above. less than what is allowed under the Idaho; Louisiana; Massachusetts; Justification: For each type of program, the authorized representative Minnesota; Montana; Nebraska; New Jersey; Ohio; Oklahoma; Oregon; Palau; equipment requested, provide a of the applicant organization must Pennsylvania; South Dakota; Tennessee; description of the equipment, the cost submit a signed acknowledgment that per unit, the number of units, the total Vermont; Virginia; and Washington. the applicant is accepting a lower rate This list is based on the most current cost, and a plan for use on the project, than allowed. as well as use or disposal of the information provided by the States. equipment after the project ends. An Program Income Information on any changes or apparent applicant organization that uses its own Description: The estimated amount of errors should be provided to the Office definition for equipment should provide income, if any, expected to be generated of Management and Budget and the a copy of its policy or section of its from this project. State in question. Changes to the list will only be made upon formal policy which includes the equipment Justification: Describe the nature, notification by the State. Also, this definition. source and anticipated use of program income in the budget or refer to the listing is published biannually in the Supplies pages in the application which contain Catalogue of Federal Domestic Description: Costs of all tangible this information. Assistance. personal property other than that Jurisdictions that participate in the Non-Federal Resources included under the Equipment category. Executive Order process have Justification: Specify general Description: Amounts of non-Federal established SPOCs. Applicants from categories of supplies and their costs. resources that will be used to support participating jurisdictions should Show computations and provide other the project as identified in Block 15 of contact their SPOCs as soon as possible information which supports the amount the SF–424. to alert them of the prospective requested. Justification: The firm commitment of applications and receive instructions. these resources must be documented Applicants must submit any required Other and submitted with the application in material to the SPOCs as soon as Enter the total of all other costs. Such order to be given credit in the review possible so that the program office can costs, where applicable and appropriate, process. A detailed budget must be obtain and review SPOC comments as may include but are not limited to prepared for each funding source. part of the award process. The applicant insurance, food, medical and dental must submit all required materials, if Total Direct Charges, Total Indirect any, to the SPOC and indicate the date costs (noncontractual), professional Charges, Total Project Costs services costs, space and equipment of this submittal (or the date of contact rentals, printing and publication, self explanatory if no submittal is required) on the Standard Form 424, item 16a. Under 45 computer use, training costs, such as Part III. The Review Process tuition and stipends, staff development CFR 100.8(a)(2), a SPOC has 60 days costs, and administrative costs. Intergovernmental Review: State Single from the application deadline to Justification: Provide computations, a Point of Contact (SPOC) comment on proposed new or narrative description and a justification This program is covered under competing continuation awards. SPOCs for each cost under this category. Executive Order 12372, are encouraged to eliminate the submission of routine endorsements as Indirect Charges ‘‘Intergovernmental Review of Federal Programs,’’ and 45 CFR Part 100, official recommendations. Additionally, Description: Total amount of indirect ‘‘Intergovernmental Review of SPOCs are requested to clearly costs. This category should be used only Department of Health and Human differentiate between mere advisory when the applicant currently has an Services Programs and Activities.’’ comments and those official State indirect cost rate approved by the Under the Order, States may design process recommendations which may Department of Health and Human their own processes for reviewing and trigger the ‘‘accommodate or explain’’ Services (HHS) or another cognizant commenting on proposed Federal rule. When comments are submitted Federal agency. assistance under covered programs. directly to ACF, they should be Justification: An applicant that will Note: State/Territory participation in the addressed to: Department of Health and charge indirect costs to the grant must intergovernmental review process does not Human Services, Administration for enclose a copy of the current rate signify applicant eligibility for financial Children and Families, Office of Refugee agreement. If the applicant organization assistance under a program. A potential Resettlement, 370 L’Enfant Promenade

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SW, 6th Floor, Washington DC, 20447 Illinois 915, Jefferson Building, Jefferson City, ATTN: Ms. Daphne Weeden. Virginia Bova, State Single Point of Missouri 65102, Telephone: (573) A list of the Single Points of Contact Contact, Illinois Department of 751–4834, FAX: (573) 522–4395 for each State and Territory is included Commerce and Community Affairs, in this announcement. Nevada James R. Thompson Center, 100 West Heather Elliott, Department of OMB State Single Point of Contact Randolph, Suite 3–400, Chicago, Administration, State Clearinghouse Listing Illinois 60601, Telephone: (312) 814– Capitol Complex, Carson City, Nevada 6028, FAX: (312) 814–1800 Arizona 89710, Telephone: (702) 687–6367, Joni Saad, Arizona State Clearinghouse, Indiana FAX: (702) 687–3983 3800 N. Central Avenue, Fourteenth Frances Williams, State Budget Agency, New Hampshire Floor, Phoenix, Arizona 85012, 212 State House, Indianapolis, Jeffrey H. Taylor, Director, New Telephone: (602) 280–1315, FAX: Indiana 46204–2796, Telephone: (317) Hampshire Office of State Planning, (602) 280–8144, e-mail: 232–5619, FAX: (317) 233–3323 Attn: Intergovernmental Review [email protected] Iowa Process; Mike Blake, Office of State Planning, 21 2 Arkansas Steven R. McCann, Division for ⁄ Beacon Street, Concord, New Hampshire 03301, Telephone: Mr. Tracy L. Copeland, Manager, State Community Assistance, Iowa (603) 271–2155, FAX: (603) 271–1728 Clearinghouse, Office of Department of Economic Intergovernmental Services, Development, 200 East Grand New Mexico Department of Finance and Avenue, Des Moines, Iowa 50309, Nick Mandell, Local Government Administration, 1515 W. 7th St., Telephone: (515) 242–4719, FAX: Division, Room 201, Bataan Memorial Room 412, Little Rock, Arkansas (515) 242–4809 Building, Santa Fe, New Mexico 72203, Telephone: (501) 682–1074, Kentucky 87503, Telephone: (505) 827–4991, FAX: (501) 682–5206 FAX: (505) 827–4948 Kevin J. Goldsmith, Director, John-Mark California Hack, Deputy Director, Sandra New York Grants Coordinator, Office of Planning Brewer, Executive Secretary, New York State Clearinghouse, Division and Research/State Clearinghouse, Intergovernmental Affairs, Office of of the Budget, State Capitol, Marsha 1400 Tenth Street, Room 121, the Governor, 700 Capitol Avenue, Roth, Albany, New York 12224, Sacramento, California 95814, Frankfort, Kentucky 40601, Telephone: (518) 474–1605, FAX: Telephone: (916) 323–7480, FAX: Telephone: (502) 564–2611, FAX: (518) 486–5617 (916) 323–3018, (502) 564–2849 North Carolina Delaware Maine Chrys Baggett, Director, North Carolina Francine Booth, State Single Point of Joyce Benson, State Planning Office, 184 State Clearinghouse, Office of the Contact, Executive Department, Office State Street, 38 State House Station, Secretary of Administration, 116 West of the Budget, 540 S. duPont Augusta, Maine 04333, Telephone: Jones Street—Suite 5106, Raleigh, Highway, Suite 5, Dover, Delaware (207) 287–3261, FAX: (207) 287–6489 North Carolina 27603–8003, 19901, Telephone: (302) 739–3326, Maryland Telephone: (919) 733–7232, FAX: FAX: (302) 739–5661 (919) 733–9571 Linda C. Janey, JD, Manager, District of Columbia Clearinghouse and Plan Review Unit, North Dakota Charles Nichols, State Single Point of Maryland Office of Planning, 301 W. Jim Boyd, North Dakota Single Point of Contact, Office of Grants Management Preston Street—Room 1104, Contact, Office of Intergovernmental and Development, 717 14th Street, Baltimore, Maryland 21201–2305, Assistance, 600 East Boulevard NW—Suite 1200, Washington, DC Telephone: (410) 767–4491, FAX: Avenue, Department 105, Bismarck, 20005, Telephone: (202) 727–6537, (410) 767–4480, e-mail: North Dakota 58505–0170, Telephone: FAX: (202) 727–1617, e-mail: [email protected] (701) 328–2094, FAX: (701) 328–2308 [email protected] or cnichols- [email protected] Michigan Rhode Island Richard Pfaff, Southeast Michigan Florida Kevin Nelson, Review Coordinator, Council of Governments, 660 Plaza Department of Administration, Cherie L. Trainor, Coordinator, Florida Drive—Suite 1900, Detroit, Michigan Division of Planning, One Capitol State Clearinghouse, Department of 48226, Telephone: (313) 961–4266, Hill, 4th Floor, Providence, Rhode Community Affairs, 2555 Shumard FAX: (313) 961–4869 Island 02908–5870, Telephone: (401) Oak Boulevard, Tallahassee, Florida 222–2656, FAX: (401) 222–2083 32399–2100, Telephone: (850) 922– Mississippi 5438 or (850) 414–5495, FAX: (850) Cathy Mallette, Clearinghouse Officer, South Carolina 414–0479, e-mail: Department of Finance and Omegia Burgess, State Single Point of [email protected] Administration, 455 North Lamar Contact, Budget and Control Board, Street, Jackson, Mississippi 39202– Office of State Budget, 1122 Ladies Georgia 3087, Telephone: (601) 359-6762, Street—12th Floor, Columbia, South Debra S. Stephens, Coordinator, Georgia FAX: (601) 359–6764 Carolina 29201, Telephone: (803) State Clearinghouse, 270 Washington, 734–0494, FAX: (803) 734–0645 Street, SW—8th Floor, Atlanta, Missouri Georgia 30334, Telephone: (404) 656– Lois Pohl/Carol Meyer, Federal Texas 3855, FAX: (404) 656–7901, e-mail: Assistance Clearinghouse, Office Of Tom Adams, Single Point of Contact, [email protected] Administration, P.O. Box 809, Room State of Texas, Governor’s Office of

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Budget and Planning, Director, Virgin Islands population of torture survivors, Intergovernmental Coordination, P.O. Nellon Bowry, Director, Office of including the number, nationality and Box 12428, Austin, Texas 78711– Management and Budget, #41 ethnicity in the applicant’s geographic 2428, Telephone: (512) 463–1771, Norregade Emancipation Garden service area; and c.) access to clients by FAX: (512) 936–2681, e-mail: Station, Second Floor, Saint Thomas, adequately discussing issues of client’s [email protected] Virgin Islands 00802. trust in the applicant organization, the likelihood of referral from other Utah Please direct all questions and correspondence about organizations, and outreach activities. Carolyn Wright, Utah State intergovernmental review to: Daisey (15 points) Clearinghouse, Office of Planning and Millen, Telephone: (809) 774–0750, 2. Approach. The application Budget, Room 116 State Capitol, Salt FAX: (809) 776–0069. provides a clear and feasible strategy for Lake City, Utah 84114, Telephone: assistance to torture survivors, (801) 538–1535, FAX: (801) 538–1547 Initial ACF Screening including: a.) client assessment strategy West Virginia Each application submitted under this to determine which services are program announcement will undergo a appropriate for the individual/family Judith Dryer, Chief Program Manager, pre-review to determine that (1) The (e.g., not all clients will need all West Virginia Development Office, application was received by the closing services, rather each client should be Building #6, Room 645, State Capitol, date and submitted in accordance with assessed for which social, legal, medical Charleston, West Virginia 25305, the instructions in this announcement and psychological services are relevant Telephone: (304) 558–0350, FAX: and (2) the applicant is eligible for to the client’s circumstances); b.) goal (304) 558–0362, funding. and purpose of the assistance for the Wisconsin Competitive Review and Criteria client/family; c.) description of medical, psychological, social and legal services Jeff Smith, Section Chief, State/Federal Applications which pass the initial and client access to services, such as Relations, Wisconsin Department of ACF screening will be evaluated and location of treatment, proximity to Administration, 101 East Wilson rated by an independent review panel communities where prospective clients Street—6th, Floor P.O. Box 7868, on the basis of specific evaluation live, and means of transportation that Madison, Wisconsin 53707, criteria. The evaluation criteria are makes services accessible; and d.) Telephone: (608) 266–0267, FAX: designed to assess the quality of a established partnerships with (608) 267–6931 proposed project, and to determine the community-based public and private likelihood of its success. The evaluation Wyoming agencies that participate in the criteria are closely related and are provision of services to the client/ Matthew Jones, State Single Point of considered as a whole in judging the family, for example, government and Contact, Office of the Governor, 200 overall quality of an application. Points private organizations such as income West 24th Street, State Capital, Room are awarded only to applications which maintenance, advocacy, immigration, 124, Cheyenne, Wyoming 82002, are responsive to the evaluation criteria recreational, public health, FAX: (307) 632-3909 within the context of this program microenterprise, or whatever agency announcement. Territories may be needed by the client/family with Please Note: Applicants are reminded to attachments that document the Guam Mr. Giovanni T. Sgambelluri, appropriately label their application as Director, Bureau of Budget and partnerships with memorandums of Category I—‘‘Treatment and Services for understandings (MOUs), letters of intent Management Research, Office of the Torture Survivors’’ or Category II— Governor, P.O. Box 2950, Agana, ‘‘Technical Assistance for Treatment and from partners, and plans for financial Guam 96910, Telephone: 011–671– Service Providers for Torture Survivors.’’ An needs/arrangements for client support. 472–2285, FAX: 011–671–472–2825 organization may apply to both categories (25 points) but must submit separate applications, one 3. Organization Profiles. The Puerto Rico for each category. application demonstrates the Norma Burgos/Jose E. Caro, Review Criteria organization’s capacity to provide Chairwoman/Director, Puerto Rico assistance appropriate to torture Planning Board, Federal Proposals Category I—Applications for Treatment survivors and includes: (a.) Agency Review Office, Minillas Government and Services for Torture Survivors Will mission and organizational chart; (b.) Center, P.O. Box 41119, San Juan, Be Reviewed and Ranked Against the resumes of project staff demonstrating Puerto Rico 00940–1119, Telephone: Following Criteria linguistic and cultural access for clients; (809) 727–4444 or (809) 723–6190, 1. Objectives and Need for Assistance. (c.) history of experience with torture FAX: (809) 724–3270 or (809) 724– The application clearly demonstrates survivors, such as experience as a 3103. knowledge of eligible clients, including: treatment center or an organization that a.) A reasonable statement of the provides social and legal services to Northern Mariana Islands eligibility criteria for the intake survivors of torture; (d.) management Mr. Alvaro A. Santos, Executive Officer, assessment (attach the assessment form) plan for the project contains systems of Office of Management and Budget, and an understanding of eligibility by client records, program records, and Office of the Governor, Saipan, MP providing descriptive examples of financial management; and (e.) timeline 96950, Telephone: (670) 664–2256, individual torture survivors and the for implementation of project activities. FAX: (670) 664–2272. families that accompany them, (25 points) Please direct all questions and description of the circumstances that 4. Results or Expected Benefits. The correspondence about resulted in torture (such as presenting outcomes and benefits of the assistance intergovernmental review to: Ms. the applicant’s understanding of the are clearly explained and are Jacoba T. Seman, Federal Programs political and social context in which the reasonable. There are clear and Coordinator, Telephone: (670) 664– torture was administered); b.) understandable outcome measures for 2289, FAX: (670) 664–2272. Demographic details of the eligible the services, and a reasonable plan for

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The plan for In order to be considered for a grant Weeden. obtaining funds from Medicaid, Refugee under this program announcement, an Applicants must ensure that a legibly Medical Assistance (RMA), and private application must be submitted on the dated U.S. Postal Service postmark or a health coverage for client fees for legibly dated machine produced treatment, when available, is forms supplied and in the manner prescribed by ACF. Application postmark of a commercial mail service appropriate, informed and viable. (10 is affixed to the envelope/package points) materials including forms and instructions are available from the containing the application(s). To be Category II—Applications for the contact named under the acceptable as proof of timely mailing, a Cooperative Agreement To Provide ‘‘Announcement Availability’’ section postmark from a commercial mail Technical Assistance to the Treatment in the preamble of this announcement. service must include the logo/emblem Centers and Health Care Providers Will It is required that the application of the commercial mail service company Be Reviewed and Ranked Against the indicate on the SF–424 Item 11. and must reflect the date the package Following Criteria ‘‘Descriptive Title of Applicant’s was received by the commercial mail service company from the applicant. 1. Objectives and Need for Assistance. Project’’ the category for which the Private Metered postmarks shall not be The applicant clearly demonstrates application is to be considered. acceptable as proof of timely mailing. knowledge of and access to treatment Each application should include one (Applicants are cautioned that express/ organizations providing services to signed original and two additional overnight mail services do not always torture survivors. The applicant also copies. deliver as agreed.) demonstrates a clear understanding of Each application narrative portion the nature and extent of technical should not exceed 25 double-spaced Applications handcarried by assistance needed by the treatment pages in a 12-pitch font. Attachments applicants, applicant couriers, or by facilities. (15 points) and appendices should not exceed 25 other representatives of the applicant 2. Approach. The application pages and should be used only to shall be considered as meeting an provides a clear and feasible plan for provide supporting documentation such announced deadline if they are received providing technical assistance to as maps, administration charts, position on or before the deadline date, between approximately 15 treatment facilities. descriptions, resumes, and letters of the hours of 8:00 a.m. and 4:30 p.m., The application provides a clear and intent for partnership agreements. EST, at the U.S. Department of Health feasible strategy and persuasive Please do not include books or video and Human Services, Administration for explanation for technical assistance tapes as they are not easily reproduced Children and Families, the Office of activities such as research to support and are therefore, inaccessible to the Refugee Resettlement, 6th Floor, training of medical, mental health, reviewers. Each page should be Aerospace Building, 901 D Street, SW, social service, and legal services, numbered sequentially, including the Washington, DC 20447 between Monday including: goals and objectives of the attachments or appendices. and Friday (excluding Federal training and research; number of holidays). The address must appear on Funding Reconsideration training sessions, curriculum for the envelope/package containing the training; access to the targeted After Federal funds are exhausted for application with the note ‘‘Attention: participants (such as, organizations and this grant competition, applications Ms. Daphne Weeden.’’ (Applicants are professionals whose services will be which have been independently cautioned that express/overnight mail improved by training) (25 points) reviewed and ranked but have no final services do not always deliver as 3. Organization Profiles. The disposition (neither approved nor agreed.) application demonstrates that it has the disapproved for funding) may again be ACF cannot accommodate necessary staff and organization considered for funding. Reconsideration transmission of applications by fax or capabilities for providing technical may occur at any time funds become through other electronic media. assistance to treatment facilities and available within twelve (12) months Therefore, applications transmitted to includes: a.) agency mission and following ranking. However, ACF does ACF electronically will not be accepted organizational chart; b.) resumes of not select from multiple ranking lists for regardless of date or time of submission project staff demonstrating appropriate a program. Therefore, should a new and time of receipt. professional background and work competition be scheduled and an Late applications: Applications which experience with torture survivors; c.) application remain ranked without final do not meet the criteria above are management plan for the project disposition, applicants are informed of considered late applications. ACF shall contains plans for reports, program their opportunity to reapply for the new notify each late applicant that its records, and financial management; and competition, to the extent practical. application will not be considered in d.) timeline for implementation of the current competition. Application Deadlines project activities. (25 points) Extension of deadlines: ACF may 4. Results and Expected Benefits. The The closing date for submission of extend application deadlines when outcomes and benefits of the assistance applications is May 15, 2000. Mailed circumstances such as acts of God are clearly explained and are applications postmarked after the (floods, hurricanes, etc.) occur, or when reasonable. There are clear and closing date will be classified as late. there are widespread disruptions of understandable outcome measures for Deadline: Mailed applications shall be mails service. Determinations to extend the technical assistance and training, considered as meeting an announced or waive deadline requirements rest and a plan for reporting the outcomes to deadline if they are either received on with the Chief Grants Management ORR. (25 points) or before the deadline date or sent on or Officer.

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For Further Information Contact: Ms. submitting the application, the DEPARTMENT OF HEALTH AND Daphne Weeden, Administration for applicant is providing the certification HUMAN SERVICES Children and Families, Office of Refugee and need not mail back the certification Resettlement, 370 L’Enfant Promenade with the applications. Substance Abuse and Mental Health SW, 6th Floor, Washington, DC 20447, Services Administration Applicable Regulations and Reporting (202) 401–4577. Requirements Fiscal Year (FY) 2000 Funding Standard Language Concerning the Opportunities Certifications, Assurances, and 1. Applicable Regulations Disclosure Required for Non Applicable DHHS regulations can be AGENCY: Substance Abuse and Mental Construction Programs found in 45 CFR Part 74 or Part 92. Health Services Administration, HHS. Applicants requesting financial 2. Reporting Requirements assistance for non construction projects ACTION: Notice of Funding Availability. must file the Standard Form 424B, Grantees are required to file the ‘‘Assurances: Non-Construction Financial status Report (SF–269) and SUMMARY: The Substance Abuse and Programs.’’ Applicants must sign and Program Performance Reports on a semi- Mental Health Services Administration return the Standard Form 424B with annual basis. Funds issued under these (SAMHSA) Center for Substance Abuse their applications. Applicants must awards must be accounted for and Treatment (CSAT), Center for Substance provide a certification regarding reported upon separately from all other Abuse Prevention (CSAP), and Center lobbying when applying for an award in grant activities. ORR does not expect the for Mental Health Services (CMHS) excess of $100,000. Applicants must proposed components/projects to announces the availability of FY 2000 sign and return the certification with include evaluation activities, it does funds for grants for the activities their applications. expect grantees to maintain adequate discussed in detail under Section 3 of Applicants must disclose lobbying records to track and report on project this notice. This notice is not a complete activities on the Standard Form LLL outcomes. The official receipt point for description of the activities; potential when applying for an award in excess all reports and correspondence is the applicants must obtain a copy of the of $100,000. Applicants who have used ORR Grants Officer. An original and one non Federal funds for lobbying activities copy of each report shall be submitted Program Announcements, including in connection with receiving assistance within 30 days of the end of each Part I, Cooperative Agreement To Study under this announcement shall reporting period directly to the Grants Women With Alcohol, Drug Abuse and complete a disclosure form to report Officer. The mailing address is: Ms. Mental Health (ADM) Disorders Who lobbying. Applicants must sign and Daphne Weeden, Administration for Have Histories of Violence: Phase II, and return the disclosure form, if applicable, Children and Families, Office of Refugee Cooperative Agreement To Study with their applications. Resettlement, 370 L’Enfant Promenade Children Of Women With Alcohol, Drug Applicants must make the appropriate SW, 6th Floor, Washington, DC 20447. Abuse and Mental Health (ADM) certification of their compliance with A final Financial and Program Report Disorders Who Have Histories Of the Drug Free Workplace Act of 1988. shall be due 90 days after the budget Violence; and Part II, General Policies By signing and submitting the expiration date or termination of grant and Procedures Applicable to all application, the applicant is providing support. SAMHSA Applications for the certification and need not mail back Dated: March 13, 2000. Discretionary Grants and Cooperative the certification with the applications. ´ Lavinia Limon, Agreements, before preparing an Applicants must make the appropriate application. certification that they are not presently Director, Office of Refugee Resettlement. debarred, suspended or otherwise [FR Doc. 00–6661 Filed 3–16–00; 8:45 am] ineligible for an award. By signing and BILLING CODE 4184±01±P

Estimated funds Estimated No. Activity Application deadline available, FY 2000 of awards Project period

Women, ADM Disorders and Vio- June 13, 2000 ...... $7,500,000 10 Up to 3 years. lence II. Children's Subset Study ...... June 13, 2000 ...... 1,200,000 6 Up to 3 years.

The actual amount available for The Public Health Service (PHS) is Stock No. 017–001–00474–0) or awards and their allocation may vary, committed to achieving the health Summary Report: Stock No. 017–001– depending on unanticipated program promotion and disease prevention 00473–1) through the Superintendent of requirements and the number and objectives of Healthy People 2000, a Documents, Government Printing quality of applications received. FY PHS-led national activity for setting Office, Washington, DC 20402–9325 2000 funds for the activity discussed in priority areas. The SAMHSA Centers’ (Telephone: 202–512–1800). this announcement were appropriated substance abuse and mental health SAMHSA will publish additional by the Congress under Public Law No. services activities address issues related notices of available funding 106–113. SAMHSA’s policies and to Healthy People 2000 objectives of opportunities for FY 2000 in subsequent procedures for peer review and Mental Health and Mental Disorders; issues of the Federal Register. Advisory Council review of grant and Alcohol and Other Drugs; Clinical General Instructions cooperative agreement applications Preventive Services; HIV Infection; and were published in the Federal Register Surveillance and Data Systems. Applicants must use application form (Vol. 58, No. 126) on July 2, 1993. Potential applicants may obtain a copy PHS 5161–1 (Rev. 6/99; OMB No. 0920– of Healthy People 2000 (Full Report: 0428). The application kit contains the

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14604 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices two-part application materials Federal agencies and on improving outcome evaluations of alternative (complete programmatic guidance and customer service, has provided models of delivering and financing instructions for preparing and SAMHSA with a welcome opportunity integrated service models for women submitting applications), the PHS 5161– to examine carefully its programs and with co-occurring ADM disorders who 1 which includes Standard Form 424 activities. As a result of that process, have histories of physical and/or sexual (Face Page), and other documentation SAMHSA moved assertively to create a abuse. The study seeks to generate and and forms. Application kits may be renewed and strategic emphasis on apply empirical knowledge about the obtained from the organization specified using its resources to generate development of a comprehensive, for the activity covered by this notice knowledge about ways to improve the integrated services approach, and the (see Section 3). prevention and treatment of substance effectiveness of this approach for the When requesting an application kit, abuse and mental illness and to work target population of women with ADM the applicant must specify the particular with State and local governments as disorders who are/have been the victims activity for which detailed information well as providers, families, and of violence. is desired. This is to ensure receipt of consumers to effectively use that In addition, it is estimated that $1.2 all necessary forms and information, knowledge in everyday practice. million will be available in FY 2000 to including any specific program review support up to five awards for study sites 2. Criteria for Review and Funding and award criteria. for the Children’s Subset Study and one The PHS 5161–1 application form and 2.1 General Review Criteria award for the Coordinating Center for the full text of the activity described in the Children’s Subset Study. The Competing applications requesting Section 4 are also available Children’s Subset Study will evaluate funding under the specific project electronically via SAMHSA’s World children 5–10 years of age who have activities in Section 3 will be reviewed Wide Web Home Page (address: http:// been impacted by their mother’s co- for technical merit in accordance with www.samhsa.gov). occurring disorders and their mother’s established PHS/SAMHSA peer review history of violence. The objective of the Application Submission procedures. Review criteria that will be Children’s Subset Study is to identify Applications must be submitted to: used by the peer review groups are models of care that will prevent (or SAMHSA Programs, Center for specified in the application guidance reduce) the intergenerational Scientific Review, National Institutes of material. perpetuation of violence, substance Health, Suite 1040, 6701 Rockledge 2.2 Award Criteria for Scored abuse and mental health problems, and Drive MSC–7710, Bethesda, Maryland Applications reduce the impact of violence in the 20892–7710* lives of children whose mothers have Applications will be considered for (*Applicants who wish to use express co-occurring disorders and histories of funding on the basis of their overall trauma. A cross-site process and mail or courier service should change technical merit as determined through the zip code to 20817.) outcome evaluation of age-specific the peer review group and the interventions and services will be Applications sent to an address other appropriate National Advisory Council than the address specified above will be conducted by the Coordinating Center. review process. Availability of funds Eligible Applicants: Applications for returned to the applicant without will also be an award criteria. the cooperative agreements for the review. Additional award criteria specific to the Women, ADM Disorders, and Violence Application Deadlines programmatic activity may be included II study sites may be submitted only by in the application guidance materials. The deadlines for receipt of current SAMHSA Women, ADM applications are listed in the table 3. Special FY 2000 SAMHSA Activities Disorders and Violence Phase I study above. Competing applications must be site grantees. Phase II cooperative Cooperative Agreement Awards for agreements are restricted to these received by the indicated receipt date to Women with Alcohol, Drug Abuse and be accepted for review. An application specific grantees because their study Mental Health (ADM) Disorders Who protocols are in place, thus allowing received after the deadline may only be Have Histories of Violence (short title: accepted if it carries a legible proof-of- them to proceed immediately to the next Women, ADM Disorders, and Violence step of expanding the project’s scope to mailing date assigned by the carrier and II), number TI 00–003; and improve the knowledge base. Phase I that date is not later than one week prior Cooperative Agreement Awards to grantees have already (1) established an to the deadline date. Private metered Study Children of Women with Alcohol, integrated system of care for women postmarks are not acceptable as proof of Drug Abuse and Mental Health (ADM) with co-occurring disorders who have timely mailing. Applications received Disorders Who Have Histories of histories of physical and sexual abuse, after the deadline date will be returned Violence (short title: Children’s Subset (2) determined the most promising to the applicant without review. Study) number TI 00–006. services intervention models for this Programmatic Information Application Deadline: June 13, 2000 population, and (3) developed project for both announcements. protocols in compliance with multi-site 1. Program Background and Objectives Purpose: This notice is to inform the requirements established by the Steering SAMHSA’s mission within the public that the Substance Abuse and Committee. Nation’s health system is to improve the Mental Health Services Administration Applications for the Children’s Subset quality and availability of prevention, is making available approximately $7.5 Study may be submitted only by current early intervention, treatment, and million for approximately 10 awards in SAMHSA Women, ADM Disorders and rehabilitation services for substance FY 2000 to current study site grantees Violence Phase I study grantees who are abuse and mental illnesses, including who were funded under the Women, also applying to the Women, ADM co-occurring disorders, in order to ADM Disorders and Violence-Phase I Disorders and Violence-Phase II Study. improve health and reduce illness, program. These phase II cooperative Only those receiving a Phase II award death, disability, and cost to society. agreements will include a full scale will be eligible to receive a Children’s Reinventing government, with its implementation of service intervention Subset Award. During Phase I, the study emphases on redefining the role of models, integrated strategies, and grantees established a Children’s

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14605 subcommittee whose main purpose was 4. Public Health System Reporting Applicants (other than Federally to develop parameters for the Children’s Requirements recognized Indian tribal governments) Subset Study. In Phase I, the Children’s The Public Health System Impact should contact the State’s Single Point subcommittee: (1) Developed study Statement (PHSIS) is intended to keep of Contact (SPOC) as early as possible to goals and objectives, (2) established the State and local health officials apprised alert them to the prospective common service intervention, and (3) of proposed health services grant and application(s) and to receive any developed the multi-site protocol for the cooperative agreement applications necessary instructions on the State’s Children’s Subset Study. submitted by community-based review process. For proposed projects Only the current Coordinating Center nongovernmental organizations within serving more than one State, the for the SAMHSA Women, ADM applicant is advised to contact the SPOC Disorders and Violence Study is eligible their jurisdictions. Community-based nongovernmental of each affected State. A current listing to apply for funds to carry out of SPOCs is included in the application additional tasks for the Children’s service providers who are not transmitting their applications through guidance materials. The SPOC should Subset Study. The Coordinating Center send any State review process is currently in the second year of its the State must submit a PHSIS to the head(s) of the appropriate State and recommendations directly to: Division five-year project period. The of Extramural Activities, Policy, and Coordinating Center is an integral part local health agencies in the area(s) to be affected not later than the pertinent Review, Substance Abuse and Mental of the Women, ADM Disorders and Health Services Administration, Violence Study; therefore, it is critical receipt date for applications. This PHSIS consists of the following Parklawn Building, Room 17–89, 5600 that continuity of the study be Fishers Lane, Rockville, Maryland maintained by its leadership role during information: a. A copy of the face page of the 20857. the Phase II study and during the The due date for State review process concurrent Children’s Subset Study. Its application (Standard form 424). b. A summary of the project (PHSIS), recommendations is no later than 60 continued responsibility for days after the specified deadline date for coordination, technical assistance, not to exceed one page, which provides: (1) A description of the population to the receipt of applications. SAMHSA evaluation expertise, and advice to the does not guarantee to accommodate or overall Steering Committee’s Children’s be served. (2) A summary of the services to be explain SPOC comments that are subcommittee established during Phase received after the 60-day cut-off. I are essential to guide those study sites provided. selected to receive a Children’s Subset (3) A description of the coordination Dated: March 12, 2000. Study award. planned with the appropriate State or Richard Kopanda, Amount: Approximately $7.5 million local health agencies. Executive Officer, SAMHSA. will be available to support State and local governments and [FR Doc. 00–6574 Filed 3–16–00; 8:45 am] approximately 10 awards under the Indian Tribal Authority applicants are BILLING CODE 4162±20±U Women, ADM Disorders and Violence II not subject to the Public Health System Cooperative Agreement; approximately Reporting Requirements. Application guidance materials will $1.2 million will be available to support DEPARTMENT OF HOUSING AND specify if a particular FY 2000 activity approximately 6 awards under the URBAN DEVELOPMENT Children’s Subset Study Cooperative is subject to the Public Health System Agreement in FY 2000. Reporting Requirements. [Docket No. FR±4557±N±11] Period of Support: Support may be 5. PHS Non-Use of Tobacco Policy Federal Property Suitable as Facilities requested for a period of up to three (3) Statement years. Annual awards will be made To Assist the Homeless The PHS strongly encourages all grant subject to continued availability of AGENCY: Office of the Assistant funds and progress in meeting the goals and contract recipients to provide a smoke-free workplace and promote the Secretary for Community Planning and and objectives of this program. Development, HUD. Catalog of Federal Domestic non-use of all tobacco products. In Assistance Number: 93.230. addition, Public Law 103–227, the Pro- ACTION: Notice. Program Contact: For questions Children Act of 1994, prohibits smoking SUMMARY: This Notice identifies in certain facilities (or in some cases, concerning program issues, contact: unutilized, underutilized, excess, and any portion of a facility) in which Melissa Rael, RN, M.A., Project Officer, surplus Federal property reviewed by regular or routine education, library, Division of Practice and Systems HUD for suitability for possible use to day care, health care, or early childhood Development, Center for Substance assist the homeless. Abuse Treatment, SAMHSA, Rockwall development services are provided to II, Suite 740, 5600 Fishers Lane, children. This is consistent with the FOR FURTHER INFORMATION CONTACT: Rockville, MD 20857, (301) 443–8236. PHS mission to protect and advance the Clifford Taffet, room 7266, Department For questions regarding grants physical and mental health of the of Housing and Urban Development, management issues, contact: Christine American people. 451 Seventh Street SW, Washington, DC Chen, Grants Management Officer, 20410; telephone (202) 708–1234; TTY 6. Executive Order 12372 Division of Grants Management, OPS, number for the hearing- and speech- Substance Abuse and Mental Health Applications submitted in response to impaired (202) 708–2565 (these Services Administration, Rockwall II, the FY 2000 activity listed above are telephone numbers are not toll-free), or 6th Floor, 5600 Fishers Lane, Rockville, subject to the intergovernmental review call the toll-free Title V information line Maryland 20857, (301) 443–8926. requirements of Executive Order 12372, at 1–800–927–7588. Application kits are available from: as implemented through DHHS SUPPLEMENTARY INFORMATION: In National Clearinghouse for Alcohol and regulations at 45 CFR Part 100. E.O. accordance with 24 CFR part 581 and Drug Information (NCADI), P.O. Box 12372 sets up a system for State and section 501 of the Stewart B. McKinney 2345, Rockville, MD 20847–2345, local government review of applications Homeless Assistance Act (42 U.S.C. Telephone: 1–800–729–6686. for Federal financial assistance. 11411), as amended, HUD is publishing

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14606 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices this Notice to identify Federal buildings declared excess or made available for Ohio and other real property that HUD has use to assist the homeless, and the Communications Site reviewed for suitability for use to assist property will not be available. Trebein Road the homeless. The properties were Properties listed as unsuitable will Beavercreek Co: Greene OH 00000– Landholding Agency: Air Force reviewed using information provided to not be made available for any other HUD by Federal landholding agencies Property Number: 18200010008 purpose for 20 days from the date of this Status: Excess regarding unutilized and underutilized Notice. Homeless assistance providers buildings and real property controlled Comment: 92 acres interested in a review by HUD of the Communications Site by such agencies or by GSA regarding determination of unsuitability should its inventory of excess or surplus Central Ohio, Lot #1 call the toll free information line at 1– Randor Co: Delaware OH 00000– Federal property. This Notice is also 800–927–7588 for detailed instructions Landholding Agency: Air Force published in order to comply with the or write a letter to Clifford Taffet at the Property Number 18200010009 December 12, 1998 Court Order in address listed at the beginning of this Status: Excess National Coalition for the Homeless v. Notice. Included in the request for Comment: 11.73 acres Veterans Administration, No. 88–2503– review and should be the property OG (D.D.C.). Unsuitable Properties address (including zip code), the date of Properties reviewed are listed in this BUILDINGS (by State) publication in the Federal Register, the Notice according to the following California categories: Suitable/available, suitable/ landholding agency, and the property number. Bldg. 154 unavailable, suitable/to be excess, and Naval Air Station unsuitable. The properties listed in the For more information regarding North Island Co: CA 92132– three suitable categories have been particular properties identified in this Landholding Agency: Navy reviewed by the landholding agencies, Notice (i.e., acreage, floor plan, existing Property Number: 77200010037 and each agency has transmitted to sanitary facilities, exact street address), Status: Excess HUD: (1) Its intention to make the providers should contact the Reason: Extensive deterioration property available for use to assist the appropriate landholding agencies at the Connecticut homeless, (2) Its intention to declare the following addresses: Air Force: Ms. Bldg. 480 property excess to the agency’s needs, or Barbara Jenkins, Air Force Estate Naval Submarine Base (3) A statement of the reasons that the Agency, (Area-MI), Bolling Air Force Groton Co: New London CT 06349– property cannot be declared excess or Base, 112 Luke Avenue, Suite 104, Landholding Agency: Navy made available for use as facilities to Building 5683, Washington, DC 20332– Property Number: 77200010075 assist the homeless. 8020; (202) 767–4184; Energy: Mr. Tom Status: Unutilized Properties listed as suitable/available Knox, Department of Energy, Office of Reason: Secured Area will be available exclusively for Contract and Resource Management, Florida homeless use for a period of 60 days MA–53, Washington, DC 20585; (202) Bldg. 44 from the date of this Notice. Homeless 586–8715; GSA: Mr. Brian K. Polly, Naval Air Station assistance providers interested in any Assistant Commissioner, General Pensacola Co: Escambia FL 32508– such property should send a written Services Administration, Office of Landholding Agency: Navy expression of interest to HHS, addressed Property Disposal, 18th and F Streets, Property Number: 77200010038 to Brian Rooney, Division of Property NW, Washington, DC 20405; (202) 501– Status: Unutilized Management, Program Support Center, 0052; Navy: Mr. Charles C. Cocks, Reason: Secured Area HHS, room 5B–41, 5600 Fishers Lane, Department of the Navy, Director, Real Bldg. 58 Rockville, MD 20857; (301) 443–2265. Estate Policy Division, Naval Facilities Naval Air Station Pensacola Co: Escambia FL 32508– (This is not a toll-free number.) HHS Engineering Command, Washington will mail to the interested provider an Landholding Agency: Navy Navy Yard, 1322 Patterson Ave., SE, Property Number: 77200010039 application packet, which will include Suite 1000, Washington, DC 20374– Status: Unutilized instructions for completing the 5065; (202) 685–9200; (These are not Reason: Secured Area application. In order to maximize the toll-free numbers). Bldg. 365 opportunity to utilize a suitable Dated: March 9, 2000. Naval Air Station property, providers should submit their Pensacola Co: Escambia FL 32508– written expressions of interest as soon Fred Karnas, Jr., Landholding Agency: Navy as possible. For complete details Deputy Assistant Secretary for Special Needs Property Number: 77200010040 concerning the processing of Assistance Programs. Status: Unutilized applications, the reader is encouraged to Title V, Federal Surplus Property Program Reason: Secured Area refer to the interim rule governing this Federal Register Report for 3/17/00 Bldg. 455 program, 24 CFR part 581. Naval Air Station For properties listed as suitable/to be Suitable/Available Properties Pensacola Co: Escambia FL 32508– excess, that property may, if LAND (by State) Landholding Agency: Navy subsequently accepted as excess by Property Number: 77200010041 Mississippi Status: Unutilized GSA, be made available for use by the Reason: Secured Area homeless in accordance with applicable Proposed Site Army Reserve Center Bldg. 467 law, subject to screening for other Waynesboro Co: Wayne MS 39367– Naval Air Station Federal use. At the appropriate time, Landholding Agency: GSA Pensacola Co: Escambia FL 32508– HUD will publish the property in a Property Number: 54200010005 Landholding Agency: Navy Notice showing it as either suitable/ Status: Excess Property Number: 77200010042 available or suitable/unavailable. Comment: 7.60 acres, most recent use—pine Status: Unutilized For properties listed as suitable/ plantation, periodic flooding, possible Reason: Secured Area unavailable, the landholding agency has wetlands on 30–40% of property Bldg. 475 decided that the property cannot be GSA Number: 4–D–MS–0555 Naval Air Station

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Pensacola Co: Escambia FL 32508– Reason: Secured Area Crane Co: Lawrence IN 47522– Landholding Agency: Navy Bldg. 3446 Landholding Agency: Navy Property Number: 77200010043 Naval Air Station Property Number: 77200010060 Status: Unutilized Pensacola Co: Escambia FL 32508– Status: Unutilized Reason: Secured Area Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Bldg. 605A Property Number: 77200010054 explosive material. Secured Area Naval Air Station Status: Unutilized Bldgs. 162, 163 Pensacola Co: Escambia FL 43508– Reason: Secured Area Naval Surface Warfare Landholding Agency: Navy Bldg. 3478 Crane Co: Lawrence IN 47522– Property Number: 77200010044 Naval Air Station Landholding Agency: Navy Status: Unutilized Pensacola Co: Escambia FL 32508– Property Number: 77200010061 Reason: Secured Area Landholding Agency: Navy Status: Unutilized Bldg. 689 Property Number: 77200010055 Reasons: Within 2000 ft. of flammable or Naval Air Station Status: Unutilized explosive material. Secured Area Pensacola Co: Escambia FL 32508– Reason: Secured Area Bldgs. 169D, 169E Landholding Agency: Navy Bldg. 3878 Naval Surface Warfare Property Number: 77200010045 Naval Air Station Crane Co: Lawrence IN 47522– Status: Unutilized Pensacola Co: Escambia FL 32508– Landholding Agency: Navy Reason: Secured Area Landholding Agency: Navy Property Number: 77200010062 Bldg. 802A Property Number: 77200010056 Status: Unutilized Naval Air Station Status: Unutilized Reasons: Within 2000 ft. of flammable or Pensacola Co: Escambia FL 32508– Reason: Secured Area explosive material. Secured Area Landholding Agency: Navy Georgia 4 Bldgs. Property Number: 77200010046 Naval Surface Warfare Status: Unutilized Stored Products Insects #173, 2171, 2172, 2179 Reason: Secured Area R&D Lab Crane Co: Lawrence IN 47522– Bldg. 835 3401 Edwin Street Landholding Agency: Navy Naval Air Station Savannah Co: Chatham GA 31403– Property Number: 77200010063 Pensacola Co: Escambia FL 32508– Landholding Agency: GSA Status: Unutilized Landholding Agency: Navy Property Number: 54200010003 Reasons: Within 2000 ft. of flammable or Property Number: 77200010047 Status: Excess explosive material. Secured Area Status: Unutilized Reason: Floodway GSA Number: 4–A–GA–861 5 Bldgs. Reason: Secured Area Naval Surface Warfare Bldg. 859B Indiana 2174, 2175, 2176, 2193, 2784 Naval Air Station Former Army Reserve Ctr Crane Co: Lawrence IN 47522– Pensacola Co: Escambia FL 32508– East Hupp Road Landholding Agency: Navy Landholding Agency: Navy LaPorte Co: IN 46345–0358 Property Number: 77200010064 Property Number: 77200010048 Landholding Agency: GSA Status: Unutilized Status: Unutilized Property Number: 54200010004 Reasons: Within 2000 ft. of flammable or Reason: Secured Area Status: Excess explosive material. Secured Area Bldg. 859C Reasons: Within 2000 ft. of flammable or Bldgs. 2500, 2501 Naval Air Station explosive material. Within airport runway Naval Surface Warfare Pensacola Co: Escambia FL 32508– clear zone. Extensive deterioration Crane Co: Lawrence IN 47522– Landholding Agency: Navy GSA Number: 1–D–IN–430F Landholding Agency: Navy Property Number: 77200010049 Bldg. 3 Property Number: 77200010065 Status: Unutilized Naval Surface Warfare Status: Unutilized Reason: Secured Area Naval Investigtion Ofc. Reasons: Within 2000 ft. of flammable or Bldg. 869 Crane Co: Lawrence IN 47522– explosive material. Secured Area Naval Air Station Landholding Agency: Navy 3 Bldgs. Pensacola Co: Escambia FL 32508– Property Number: 77200010057 Naval Surface Warfare Landholding Agency: Navy Status: Unutilized #2502, 2503, 2715 Property Number: 77200010050 Reasons: Within 2000 ft. of flammable or Crane Co: Lawrence IN 47522– Status: Unutilized explosive material. Secured Area Landholding Agency: Navy Reason: Secured Area 3 Bldgs. Property Number: 77200010066 Bldg. 1713 Naval Surface Warfare Status: Unutilized Naval Air Station 157, 166, 171 Reasons: Within 2000 ft. of flammable or Pensacola Co: Escambia FL 32508– Crane Co: Lawrence IN 47522– explosive material. Secured Area Landholding Agency: Navy Landholding Agency: Navy 10 Bldgs. Property Number: 77200010051 Property Number: 77200010058 Naval Surface Warfare Status: Unutilized Status: Unutilized #2803, 2855–2863 Reason: Secured Area Reasons: Within 2000 ft. of flammable or Crane Co: Lawrence IN 47522– Bldg. 2437 explosive material. Secured Area Landholding Agency: Navy Naval Air Station Bldgs. Property Number: 77200010067 Pensacola Co: Escambia FL 32508– Naval Surface Warfare Status: Unutilized Landholding Agency: Navy #22, 2792, 2794 Reasons: Within 2000 ft. of flammable or Property Number: 77200010052 Crane Co: Lawrence IN 47522– explosive material. Secured Area. Status: Unutilized Landholding Agency: Navy Bldgs. 29095, 3074 Reason: Secured Area Property Number: 77200010059 Naval Surface Warfare Bldg. 2462 Status: Unutilized Crane Co: Lawrence IN 47522– Naval Air Station Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy Pensacola Co: Escambia FL 32508– explosive material. Secured Area Property Number: 77200010068 Landholding Agency: Navy 3 Bldgs. Status: Unutilized Property Number: 77200010053 Naval Surface Warfare Reasons: Within 2000 ft. of flammable or Status: Unutilized #158, 167, 172 explosive material. Secured Area.

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New Mexico off Dogwood program funds covering 39 grant Bldg. 149, TA–21 Camp Lejeune Co: Onslow NC 28542– categories within programs operated Los Alamos National Lab Landholding Agency: Navy and administered by HUD offices and Los Alamos Co: NM 87545– Property Number: 77200010069 Section 8 housing voucher assistance. Landholding Agency: Energy Status: Unutilized To assist the public in finding more Reason: Secured Area Property Number: 41200010024 easily the individual funding Status: Unutilized 0.1291 acres availability announcements within the Reason: Secured Area. Camp Lejeune off Brewster Rd. SuperNOFA in which they may be Bldg. 312, TA–21 interested, HUD is publishing a Table of Los Alamos National Lab Camp Lejeune Co: Onslow NC 28542– Los Alamos Co: NM 87545– Landholding Agency: Navy Contents to the Federal Register Landholding Agency: Energy Property Number: 77200010070 publication of the SuperNOFA. Property Number: 41200010025 Status: Unutilized The Table of Contents follows. Status: Unutilized Reason: Secured Area Dated: March 13, 2000. Reason: Secured Area. Pennsylvania Camille E. Acevedo, Bldg. 313, TA–21 Novak Estate Land Assistant General Counsel for Regulations. Los Alamos National Lab off the Parkway West Los Alamos Co: NM 87545– Moon Township Co: Allegheny PA 15222– Table of Contents of FY 2000 SuperNOFA Landholding Agency: Energy Landholding Agency: GSA (Published February 24, 2000, 65 FR 9320– Property Number: 41200010026 Property Number: 54200010006 9993) Status: Unutilized Status: Excess • Reason: Secured Area. Application Due Dates and Address for Reason: inaccessible Submitting Applications—65 FR 9322 Bldg. 314, TA–21 GSA Number: 4–G–PA–7887 • Introduction to the FY 2000 SuperNOFA— Los Alamos National Lab [FR Doc. 00–6281 Filed 3–16–00; 8:45 am] 65 FR 9323 Los Alamos Co: NM 87545– • Charts Providing Overview of FY 2000 BILLING CODE 4210±29±M Landholding Agency: Energy SuperNOFA Programs—65 FR 9326–9334 Property Number: 41200010027 • General Section of the FY 2000 Status: Unutilized SuperNOFA—65 FR 9335 Reason: Secured Area. DEPARTMENT OF HOUSING AND • List of HUD Field Offices—65 FR 9341 Bldg. 315, TA–21 URBAN DEVELOPMENT • List of EZs, ECs, Urban Enhanced & Los Alamos National Lab [Docket No. FR±4560±N±02] Strategic Planning Communities—65 FR Los Alamos Co: NM 8754– 9354–9356 Landholding Agency: Navy • Super Notice of Funding Availability Standard Forms and Certifications—65 FR Property Number: 41200010028 9357–9386 Status: Unutilized (SuperNOFA) for HUD's Housing, • Community Development Technical Reason: Secured Area Community Development and Assistance—65 FR 9387 Virginia Empowerment Programs and Section 8 • Community Outreach Partnership Centers Housing Voucher Assistance for Fiscal (COPC)—65 FR 9405 Facility P–77 • Historically Black Colleges and Norfolk Naval Base Year 2000; Table of Contents Universities (HBCUs) Program—65 FR Norfolk Co: VA 23511– AGENCY: Office of the General Counsel, 9429 Landholding Agency: Navy HUD. • Hispanic-Serving Institutions Assisting Property Number: 77200010071 Communities (HSIAC)—65 FR 9455 Status: Unutilized ACTION: Notice of Table of Contents to • Alaska Native/Native Hawaiian Institutions Reason: Extensive deterioration SuperNOFA for HUD Grant Programs. Assisting Communities (AN/NHIAC)—65 Bldgs. A13, A13A SUMMARY: This notice provides a Table FR 9469 Norfolk Naval Base • Fair Housing Initiatives Program (FHIP)— Norfolk Co: VA 23511– of Contents for HUD’s SuperNOFA for 65 FR 9485 Landholding Agency: Navy HUD Grant Programs published on • Housing Counseling—65 FR 6519 Property Number: 77200010072 February 24, 2000. • Lead-Based Paint Hazard Control Status: Unutilized FOR FURTHER INFORMATION CONTACT: For Program—65 FR 9537 Reason: Extensive deterioration further information about the • Research to Improve the Evaluation and Washington SuperNOFA, please see HUD’s Control of Residential Lead-Based Paint Hazards—65 FR 9557 Bldg. 17 publication of the SuperNOFA in the • Healthy Homes Initiative—65 FR 9577 Naval Radio Station Federal Register on February 24, 2000, • HOPE VI Revitalization and Demolition— Jim Creek at 65 FR 9321, or at HUD’s website at 65 FR 9597 Arlington Co: WA 98223–8599 http://www.hud.gov. You also may call, • Public & Indian Housing Drug Elimination Landholding Agency: Navy during business hours, the SuperNOFA Technical Assistance Program (DETAP)— Property Number: 77200010073 65 FR 9641 Status: Excess Information Center at 1–800–HUD– 8929. If you are a person with a hearing • Public Housing Drug Elimination: Reason: Secured Area Extensive deterioration Technical Assistance for Safety and Bldg. 47 or speech impairment you may call the Center’s TTY number at 1–800–HUD– Security (DETASS)—65 FR 9653 Naval Undersea Warfare • New Approach Anti-Drug Program—65 FR Keyport Co: Kitsap WA 98345–7610 2209. 9663 Landholding Agency: Navy SUPPLEMENTARY INFORMATION: On • Multifamily Housing Drug Elimination—65 Property Number: 77200010074 February 24, 2000 (65 FR 9321), HUD FR 9681 Status: Unutilized • Resident Opportunity and Self-Sufficiency Reason: Within 2000 ft. of flammable or published its Super Notice of Funding Availability (SuperNOFA) for Housing, (ROSS) Program—65 FR 9695 explosive material. Secured Area • Outreach and Assistance Training Grants Community Development and LAND (by State) (OTAG)—65 FR 9777 Empowerment Programs and Section 8 • Economic Development Initiative (EDI)— North Carolina Housing Voucher Assistance. HUD’s 65 FR 9787 0.1291 acres SuperNOFA announced the availability • Brownfields Economic Development Camp Lejeune of approximately $2.424 billion in HUD Initiative (BEDI)—65 FR 9813

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• Self-Help Homeownership Program imbricata, Loggerhead Sea Turtle, SUMMARY: Notice is hereby given of a (SHOP)—65 FR 9823 Caretta caretta and Leatherback Sea meeting of the ACWI. This meeting of • Youthbuild—65 FR 9829 • Turtle, Dermochelys coriacea for the ACWI is to discuss broad policy- Continuum of Care Homeless Assistance enhancement of the species through related topics relating to national water Programs—65 FR 9849 • Housing Opportunities for Persons with scientific research. initiatives, and to hear reports from ACWI subgroups. The proposed agenda AIDS (HOPWA) Program—65 FR 9865 Marine Mammals • Section 202 Supportive Housing for the will include a series of discussions Elderly Program—65 FR 9899 The public is invited to comment on concerning various U.S. Government • Section 811 Supportive Housing for the following application for a permit to policies and programs related to the Persons with Disabilities Program—65 FR conduct certain activities with marine development and dissemination of 9927 mammals. The application was water information. • Mainstream Housing Opportunities for submitted to satisfy requirements of the The ACWI has been established under Persons with Disabilities—65 FR 9963 • Marine Mammal Protection Act of 1972, the authority of the Office of Rental Assistance for Non-Elderly Persons as amended (16 U.S.C. 1361 et seq.) and Management and Budget Memorandum with Disabilities Related to Certain Developments—65 FR 9975 the regulations governing marine 92–01 and the Federal Advisory • Rental Assistance for Non-Elderly Persons mammals (50 CFR 18). Committee Act. The purpose of the with Disabilities in Support of Designated Applicant: Terry Meyer, Westfield, ACWI is to provide a forum for water- Housing Plans—65 FR 9985 PA, PRT–023759. information users and professionals to The applicant requests a permit to advise the Federal Government of [FR Doc. 00–6639 Filed 3–16–00; 8:45 am] import a polar bear (Ursus maritimus) activities and plans which may improve BILLING CODE 4210±01±P sport-hunted from the Davis Straight the effectiveness of meeting the Nation’s polar bear population, Northwest water information needs. More than 30 Territories, Canada for personal use organizations have been invited by the DEPARTMENT OF THE INTERIOR taken prior to April 30, 1994. The Secretary of the Interior to name holding of such a hearing is at the Fish and Wildlife Service representatives to the ACWI. These discretion of the Director. include Federal departments, State, Notice of Receipt of Applications for Written data or comments should be local, and tribal government Permit submitted to the Director, U.S. Fish and organizations, industry, academia, Wildlife Service, Office of Management agriculture, environmental Endangered Species Authority, 4401 North Fairfax Drive, organizations, professional societies, The following applicants have Room 700, Arlington, Virginia 22203 and volunteer groups. applied for a permit to conduct certain and must be received by the Director DATES: The formal meeting will convene activities with endangered species. This within 30 days of the date of this at 8 a.m., on May 16, 2000, and will notice is provided pursuant to Section publication. adjourn on May 17, 2000 at 3:30 p.m. 10(c) of the Endangered Species Act of Documents and other information ADDRESSES: Sheraton Reston Hotel, 1973, as amended (16 U.S.C. 1531, et submitted with these applications are 11810 Sunrise Valley Drive, Reston, seq.): available for review, subject to the Virginia. requirements of the Privacy Act and Applicant: Center for Environmental FOR FURTHER INFORMATION CONTACT: Dr. Research and Conservation, Columbia Freedom of Information Act, by any party who submits a written request for Ethan T. Smith (Executive Secretary), Univ., NY, NY, PRT–02924. Chief, Water Information Coordination The applicant requests a permit to a copy of such documents to the following office within 30 days of the Program, U.S. Geological Survey, 12201 import biological tissue samples from Sunrise Valley Drive, 417 National Javan rhinoceros (Rhinoceros date of publication of this notice: U.S. Fish and Wildlife Service, Office of Center, Reston, VA 20192. Telephone: sondaicus) from the Cat-Tien National 703–648–5022; Fax: 703–648–5295. Park, Vietnam for the scientific research Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, SUPPLEMENTARY INFORMATION: This on genetic markers for use in population meeting is open to the public. Up to a analysis to enhance the survival of the Virginia 22203. Phone: (703/358–2104); FAX: (703/358–2281). half hour will be set aside for public species. comment. Persons wishing to make a Applicant: Carlos T. Oliveira, Laredo, Dated: March 10, 2000. brief presentation (up to 5 minutes) are TX, PRT–023972. Kristen Nelson, asked to provide a written request with The applicant requests a permit to Chief, Branch of Permits, Office of a description of the general subject to import the sport-hunted trophy of one Management Authority. Dr. Smith at the above address no later male bontebok (Damaliscus pygargus [FR Doc. 00–6601 Filed 3–16–00; 8:45 am] than noon, April 5, 2000. It is requested dorcas) culled from a captive herd BILLING CODE 4310±55±M that 40 copies of a written statement be maintained under the management submitted at the time of the meeting for program of the Republic of South Africa, distribution to members of the ACWI for the purpose of enhancement of the DEPARTMENT OF THE INTERIOR and placement in the official file. Any survival of the species. Geological Survey member of the public may submit Applicant: National Marine Fisheries written information and (or) comments Service/South West Region/Pacific Advisory Committee on Water to Dr. Smith for distribution at the Island Area Office, Honolulu, HI, PRT– ACWI. 022729. Information (ACWI) Dated: Dated: March 7, 2000. The applicant requests a permit to AGENCY: United States Geological introduce from the high seas samples Survey, Interior. Lewis V. Wade, and/or whole carcasses of Olive Ridley Assistant Chief Hydrologist for Information, ACTION: Notice of an open meeting of the Sea Turtle, Lepidochelys olivacea, Green U.S. Geological Survey. Advisory Committee on Water Sea Turtle, Chelonia mydas, [FR Doc. 00–6585 Filed 3–16–00; 8:45 am] Information (ACWI). Hawkswbill Sea Turtle, Eretmochelys BILLING CODE 4310±Y7±M

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DEPARTMENT OF THE INTERIOR appropriate automated, electronic, III. Methodology mechanical or other forms of Bureau of Land Management The BLM will survey customers in the information technology. The BLM will following general categories: (1) [WO±830±1030XP±02 241A] receive and analyze any comments sent Stakeholders and partners and (2) state in response to this notice and include and local governments. A randomized Information Collection Activities; them with its request for approval under sampling technique is employed for Proposed Collection; Comments 44 U.S.C. 3501 et seq. to the Office of both of these categories if there are more Request Management and Budget. than 200 people in a state’s database. If AGENCY: Bureau of Land Management, SUPPLEMENTARY INFORMATION: there are less than 200 individuals, a Interior. I. Background census, counting everyone, will be utilized. An 80 percent response rate ACTION: Notice and request for II. Current Actions goal has been set; for this reason, comments. III. Methodology IV. Requests for Comments whenever possible telephone surveys SUMMARY: are chosen over mail surveys for their In accordance with the I. Background Paperwork Reduction Act of 1995, the increased response rates. Bureau of Land Management (BLM) The Government performance and The questionnaires are developed announces its intention to request Results Act of 1993 (Public Law 103–63) with the help of focus groups from approval a new collection of sets out to improve Federal program around the country. The BLM asks information. The BLM is soliciting effectiveness and public accountability questions in the following general areas: comments concerning a proposed by promoting a new focus on results, (1) Communication with the public; (2) collection of information that would service quality, and customer service quality and accountability; (3) conduct surveys of the public in two satisfaction (Section 2. B. 3). In order to information and education services; (4) user groups, state and local governments fulfill this responsibility, the BLM must resource management; (5) overall and stakeholders and partners. collect data from its user groups to satisfaction; and (6) general DATES: Written comments for the better understand the needs and desires demographics. proposed collection must be received by of the public and respond to those needs IV. Requests for Comments May 16, 2000 to assure consideration. and desires accordingly. Prospective respondents and other ADDRESSES: If you wish to comment, This course of action is fortified by interested parties should comment on you may submit your comments by one Executive Order 12862, signed by the actions of discussed in items II & III. of several methods. You may mail them President Clinton on September 11, The following guidelines are provided to Andrew Goldsmith, Management 1993, aimed at ensuring the federal to assist you in responding. Systems Group, Business and Fiscal government provides the highest quality Resources Directorate, Bureau of Land service possible to the American people. General Issues Management, 1849 C Street, NW, Room The Order discusses surveys as a means A. Is the proposed collection of LS 1000, Washington, DC 20240. You for determining the kinds and qualities information necessary, taking into may comment via e-mail to of services desired by the federal l account its accuracy, adequacy, and andrew [email protected]. You may government’s customers and for reliability, and the agency’s ability to also fax your comments to 202–453– determining satisfaction levels for process the information it collects in a 5171. existing services. These voluntary useful and timely fashion? Comments, including names and customer surveys will be used to B. What enhancements can the BLM street addresses of respondents, will be ascertain customer satisfaction with the make to the quality, utility, and clarity available for public review. BLM in terms of services and products. of the information to be collected? Finally, you may hand-deliver Respondents will be individuals that are comments to the Bureau of Land the recipients of the BLM services and As a Potential Respondent Management at 1620 L Street, NW, products. Previous customer surveys A. The average public reporting Room 1000, Washington, DC. have provided useful information to the burden for a customer survey is FOR FURTHER INFORMATION CONTACT: BLM for assessing how well the Bureau estimated to be .25 hours per response Andrew Goldsmith, Bureau of Land delivers our services and products and (1720 respondents per year × 15 minutes Management, at 202–452–5169. for making improvements. The results per response = 430 hours annually). NATURE OF COMMENTS: In accordance are used internally and summaries are Burden includes the total time, effort, or with 5 CFR 1320.12(a), the BLM is provided to the Office of Management financial resources expended to required to provide 60-day notice in the and Budget on an annual basis and are generate, maintain, retain, or disclose or Federal Register concerning a collection used to satisfy the requirements and provide the information including: (1) of information contained in proposed spirit of Executive Order No. 12862. Reviewing instructions; (2) developing, rules or other documents to solicit II. Current Actions acquiring, installing, and utilizing comments on: (1) Whether the technology and systems for purposes of collection of information is necessary The request to OMB will be for a 3- collecting, validating, verifying, for the proper functioning of the BLM; year clearance to conduct customer processing, maintaining, disclosing, and (2) the accuracy of our estimates of the surveys for the BLM. During the past providing information; (3) adjusting the burden of collecting the information, clearance cycle the BLM conducted four existing way to comply with any including the validity of the different customer surveys by previously applicable instructions and methodology and assumptions used; (3) telephone. (Examples of previously requirements; (4) training personnel to the quality, utility, and clarity of the conducted customer surveys are respond to a collection of information; information collected; and (4) how to available upon request.) Our planned (5) searching data sources; (6) minimize the burden of collecting the activities in the next three fiscal years completing and reviewing the collection information on those who are to reflect our increased emphasis on and of information; and (7) transmitting or respond, including using the expansion of these activities. otherwise disclosing the information.

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Please comment on the accuracy of including names and street addresses of DEPARTMENT OF THE INTERIOR our estimate and how the BLM could respondents, will be available for public minimize the burden of collecting the review at the above Glasgow address Bureau of Land Management information, including the use of during regular business hours (7:45 a.m. [NV±050±1020±001] automated collection techniques. to 4:30 p.m.), Monday through Friday, B. The BLM estimates that except holidays. Individual respondents Mojave-Southern Great Basin respondents will incur no additional may request confidentiality. If you wish Resource Advisory CouncilÐNotice of costs for reporting other than the time to withhold your name or street address Meeting Locations and Times required to complete the collection. from public review or from disclosure March 3, 2000. What are the estimated total dollar under the Freedom of Information Act, AGENCY: Bureau of Land Management, amount annualized for capital and start- you must state this prominently at the up costs and recurring annual dollar Interior. beginning of your written comment. amount of operation and maintenance ACTION: Resource Advisory Council Such requests will be honored to the and purchase of services costs meeting locations and times. associated with this data collection? The extent allowed by law. All submissions estimates should take into account the from organizations or businesses, and DATES: March 23, and 24, 2000. costs associated with generating, from individuals identifying themselves TIME: March 23, noon–4:30 p.m., and maintaining, and disclosing or as representatives or officials of March 24, 8 a.m.–4:30 p.m. providing information. organizations or businesses, will be ADDRESS: 4765 West Vegas Drive, Las C. Do you know of any other federal, available for public inspection in their Vegas, NV 89108. entirety. state, or local agency that collects FOR FURTHER INFORMATION CONTACT: similar data? If you do, specify the FOR FURTHER INFORMATION CONTACT: John Phillip L. Guerrero, Las Vegas Field agency, collection element(s), and the Fahlgren, 406–228–4316. Office, Public Affairs Officer, telephone: methods of collection. (702) 647–5046. SUPPLEMENTARY INFORMATION: This plan SUMMARY: In accordance with the As a Potential User amendment/EA addresses special Federal Land Policy and Management Are there any alternative sources of management for two potential ACECs; Act and the Federal Advisory data and do you use them? If so, what Bitter Creek and Mountain Plover. The Committee Act of 1972 (FACA), 5 are their deficiencies and/or strengths? public land being considered is located Comments submitted in response to U.S.C., the Department of the Interior, in Valley County, Montana. This plan Bureau of Land Management (BLM), this notice will be summarized and/or would amend the Judith-Valley-Phillips included in the request for OMB council meeting of the Mojave-Southern Resource Management Plan (RMP).An Great Basin Resource Advisory Council approval of the survey. They also will ACEC is an area where special become a matter of public record. (RAC) will be held as indicated above. management attention is required to The agenda includes a public comment Dated: March 14, 2000. protect important historic, cultural or period, and discussion of public land Carole Smith, scenic values, fish and wildlife issues. BLM Information Clearance Officer. resources or other natural systems, or to The Resource Advisory Council [FR Doc. 00–6666 Filed 3–16–00; 8:45 am] protect life and safety from natural develops recommendations for BLM BILLING CODE 4310±84±M hazards.The Bitter Creek Wilderness regarding the preparation, amendment, Study Area (WSA) (59,660 acres) was and implementation of land use plans found to meet the criteria as a potential for the public lands and resources DEPARTMENT OF THE INTERIOR ACEC due to the scenic diversity and within the jurisdiction of the council. variety of vegetation types and wildlife For the Mojave-Great Basin RAC this Bureau of Land Management habitat. The Mountain Plover area jurisdiction is Clark, Esmeralda, Lincoln [MT±096±1610±00] (24,730 acres) provides natural habitat and Nye counties in Nevada. Except for for the mountain plover, a prairie bird. the purposes of long-range planning and Notice of Availability It is an area of native plover habitat the establishment of resource management priorities, the RAC shall which is not associated with black- AGENCY: Bureau of Land Management, not provide advice on the allocation and tailed prairie dogs. Interior. expenditure of Federal funds, or on (Authority: Sec. 202, Pub. L. 94–579, 90 Stat. ACTION: Notice. personnel issues. 2747 (43 U.S.C. 1712)) The RAC may develop SUMMARY: The Bureau of Land Dated: February 22, 2000. recommendations for implementation of Management (BLM) has prepared a draft John Fahlgren, ecosystem management concepts, Bitter Creek and Mountain Plover Areas Assistant Field Manager, Bureau of Land principles and programs, and assist the of Critical Environmental Concern BLM to establish landscape goals and (ACEC) Plan Amendment and Management. [FR Doc. 00–6591 Filed 3–16–00; 8:45 am] objectives. Environmental Assessment (EA). The All meetings are open to the public. draft plan amendment/EA addresses BILLING CODE 4310±DN±P The public may present written two potential ACECs in the Glasgow comments to the council. Public Field Station, Valley County, Montana. comments should be limited to issues DATES: Comments on the draft plan for which the RAC may make amendment/EA should be submitted to recommendations within its area of BLM on or before May 16, 2000. jurisdiction. Depending on the number ADDRESSES: Address all comments to of persons wishing to comment, and John Fahlgren, Assistant Field Manager, time available, the time for individual Glasgow Field Station, RR1–4775, oral comments may be limited. Glasgow, MT 59230.Comments, Individuals who plan to attend and

VerDate 132000 19:53 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14612 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices need further information about the DEPARTMENT OF THE INTERIOR disturbance caused by unauthorized meeting, or need special assistance such vehicle use. This closure is needed in as sign language interpretation or other Bureau of Land Management order to assess existing resource damage reasonable accommodations, should [AZ±050±00±1430±NH; AZA 31171] and prevent any further damage caused contact Phillip L. Guerrero at the Las by vehicle use and unauthorized road Vegas District Office, 4765 Vegas Dr., Arizona: Closure of Public Land to All improvements. The affected area will be Las Vegas, NV 89108, telephone, (702) Vehicle Use posted with standard signs prohibiting 647–5000. vehicle use. Authority for this closure of AGENCY: Bureau of Land Management, public land to vehicle use is found at Dated: March 3, 2000. DOI. Phillip L. Guerrero, Title 43 Code of Federal Regulations, ACTION: Notice of closure. subpart 8360.0–3. In accordance with 43 Public Affairs Officer. CFR 8360.0–7, violation of this order is SUMMARY: Notice is hereby given that [FR Doc. 00–6588 Filed 3–16–00; 8:45 am] punishable by a fine not to exceed BILLING CODE 4310±HC±M the Bureau of Land Management is closing an area of public land located $100,000 and/or imprisonment not to within Yuma County, Arizona, exceed 12 months. DEPARTMENT OF THE INTERIOR approximately 1 mile south of Interstate Dated: March 7, 2000. 8 and 3 miles west of Avenue 25 E to Gail Acheson, Bureau of Land Management all vehicle use. Field Manager. Order: Effective upon publication, [FR Doc. 00–6592 Filed 3–16–00; 8:45 am] [AZ±040±00±1040±AE] that portion of public land described BILLING CODE 4310±62±M below is closed to all vehicle use for a Meeting Cancellation; Gila Box term of 2 years: Riparian National Conservation Area DEPARTMENT OF THE INTERIOR Advisory Committee Gila and Salt River Meridian, Yuma County, Arizona Bureau of Land Management AGENCY: Bureau of Land Management. T.9S., R.20 W., 1 1 1 1 1 [MT±924±5410±EQ±E030; MTM 89208] ACTION: Notice of Meeting Cancellation. Sec. 1, E ⁄2NE ⁄4SW ⁄4 within, SE ⁄4SW ⁄4 within, Application for Conveyance of Mineral Sec. 12, W1⁄2NE1⁄4 within, W1⁄2SE1⁄4NE1⁄4 SUMMARY: The purpose of this notice is 1 1 1 Interest; Montana within, NE ⁄4NE ⁄4NW ⁄4 within, to cancel the April 7 and 8, 2000 Gila 1 1 1 1 1 W ⁄2NE ⁄4SE ⁄4 within, SE ⁄4SE ⁄4 within, AGENCY: Bureau of Land Management, Box Riparian National Conservation 1 1 1 1 1 Sec. 13, W ⁄2NE ⁄4NE ⁄4 within, W ⁄2NE ⁄4 Interior. Area Advisory Committee Meeting. The within, SW1⁄4SW1⁄4 (south 50 feet) purpose of the Advisory Committee is to within, E1⁄2SE1⁄4SW1⁄4 within, ACTION: Notice. provide informed advice to the Safford SW1⁄4SE1⁄4SW1⁄4 (south 50 feet) within, SUMMARY: Notice is given that, pursuant Field Office Manager on management of W1⁄2NW1⁄4SE1⁄4 within, SE1⁄4 (south 50 to Section 209b of the Federal Land public lands in the Gila Box Riparian feet) within. Policy and Management Act of 1976 (43 National Conservation Area. The Containing 22.36 acres, more or less. U.S.C. 1719(b)), Ms. Margaret I. Alm has committee meets as needed, generally No person may use, drive, transport, applied to purchase the mineral estate between two and four times a year. park, let stand, or have charge or control described as follows: The meeting was to begin at the over any vehicle in this area. Bureau of Land Management, Safford Exemptions to this order are granted to Principal Meridian, Montana Field Office on April 7, 2000 law enforcement and other emergency T. 10 N., R. 4 W., commencing at 8:00 am for the purpose vehicles in the course of official duties. Sec. 33, lot 1, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, of floating the Gila River within the Gila This order does not affect Bureau of NE1⁄4NW1⁄4, E1⁄2SE1⁄4, and SW1⁄4SE1⁄4. Box RNCA. However, due to the lack of Reclamation and Wellton-Mohawk Containing 305.14 acres in Lewis and Clark snow pack and runoff into the Gila Irrigation and Drainage District County. River, water levels are so low it will personnel in the course of their official The mineral interest will be conveyed make floating of the river nearly duties along the Wellton-Mohawk Canal in whole or in part upon favorable impossible. A new meeting date for the and related facilities. This order does mineral examination. Advisory Committee will be negotiated not affect Arizona Department of The purpose is to allow consolidation with the members of the committee in Transportation personnel in the course of surface and subsurface mineral the near future, and posted in the of their official duties within the ownership where there are no known Federal Register. Interstate 8 right-of-way. mineral values or in those instances DATES: Meeting proposed on April 7, All other exemptions to this order are where the United States mineral 2000 starting 8:00 am has been by written authorization of the Bureau reservation interferes with or precludes cancelled. of Land Management, Yuma Field appropriate nonmineral development Manager only. and such development is a more FOR FURTHER INFORMATION CONTACT: Jon EFFECTIVE DATE: March 17, 2000. beneficial use of the land than the Collins, Gila Box NCA Project FOR FURTHER INFORMATION CONTACT: mineral development. Coordinator, Safford Field Office, 711 Realty Specialist Lucas Lucero, Bureau FOR FURTHER INFORMATION CONTACT: 14th Ave., Safford AZ 85546, Telephone of Land Management, Yuma Field (520) 348–4400. Deborah Sorg, BLM Montana State Office, 2555 E. Gila Ridge Road, Yuma, Office, P.O. Box 36800, Billings, Dated: March 10, 2000. Arizona 85365, telephone (520) 317– Montana 59107, 406–896–5045. Frank L. Rowley, 3237. SUPPLEMENTARY INFORMATION: Upon Acting Safford Field Office Manager. SUPPLEMENTARY INFORMATION: The publication of this notice in the Federal [FR Doc. 00–6488 Filed 3–16–00; 8:45 am] purpose of this closure is to protect the Register as provided in 43 CFR 2720.1– BILLING CODE 4310±32±M natural and cultural resources from 1(b), the mineral interests within the

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The segregative effect of the application the North boundary, 50 feet in width [FR Doc. 00–6590 Filed 3–16–00; 8:45 am] shall terminate upon issuance of a along the East boundary, and 30 feet in BILLING CODE 4510±HC±P conveyance document, final rejection of width along the South boundary in the application, or 2 years from the date favor of the City of Las Vegas for roads, of filing of the application, April 28, public utilities and flood control DEPARTMENT OF THE INTERIOR 1999, whichever occurs first. purposes. Bureau of Land Management Dated: February 25, 2000. Detailed information concerning this John E. Moorhouse, action is available for review at the [MT±070±00±1010±DA] Acting Deputy State Director, Division of office of the Bureau of Land Resources. Management, Las Vegas Field Office, Proposed BLM Resource Management [FR Doc. 00–6587 Filed 3–16–00; 8:45 am] 4765 W. Vegas Drive, Las Vegas, Plan Amendment From the BILLING CODE 4310±DN±P Nevada. Designation of Environmentally Upon publication of this notice in the Preferred Alternative in the Clancy- Federal Register, the above described Unionville Vegetative Manipulation and DEPARTMENT OF THE INTERIOR land will be segregated from all other Travel Management Final forms of appropriation under the public Environmental Impact Statement Bureau of Land Management land laws, including the general mining AGENCY: laws, except for lease/conveyance under Bureau of Land Management, [NV±930±4210±05; N±63292] the Recreation and Public Purposes Act, DOI. leasing under the mineral leasing laws ACTION: Notice. Notice of Realty Action: Lease/ and disposals under the mineral conveyance for Recreation and Public SUMMARY: The USDI, Bureau of Land material disposal laws. For a period of Purposes Management, and USDA, Forest Service 45 days from the date of publication of have released the Clancy-Unionville this notice in the Federal Register, AGENCY: Bureau of Land Management, Vegetative Manipulation and Travel interested parties may submit comments DOI. Management Project Final regarding the proposed lease/ ACTION: Recreation and Public Purpose Environmental Impact Statement (FEIS) conveyance for classification of the Lease/conveyance. for public examination. The BLM has lands to the Field Manager, Las Vegas determined that a Resource Field Office, Las Vegas, Nevada 89108. SUMMARY: The following described Management Plan (RMP) Amendment is public land in Las Vegas, Clark County, Classification Comments preferred, as described under the Nevada has been examined and found ‘‘Features Common to All BLM Action suitable for lease/conveyance for Interested parties may submit Alternatives’’ section of the FEIS located recreational or public purposes under comments involving the suitability of on page II–8 of the document. the provisions of the Recreation and the land for a fire station Comments on Public Participation: Headwaters RMP Public Purposes Act, as amended (43 the classification are restricted to Amendment: The Travel Planning U.S.C. 869 et seq.). The City of Las whether the land is physically suited for features analyzed in this FEIS and part Vegas proposes to use the land for a fire the proposal, whether the use will of the Environmentally Preferred station. maximize the future use or uses of the Alternative are subject to the provisions land, whether the use is consistent with Mount Diablo Meridian, Nevada of BLM regulations under 43 CFR Part local planning and zoning, or if the use 1600. The BLM travel management T. 19 S., R. 59 E., is consistent with State and Federal features, as found in the draft EIS for the Sec. 25, E1⁄2SE1⁄4NE1⁄4SE1⁄4. programs. Clancy-Unionville Vegetation Containing 5 acres, more or less. Application Comments Manipulation and Travel Management The land is not required for any Project, were available for public review federal purpose. The lease/conveyance Interested parties may submit and comment for 90 days, beginning is consistent with current Bureau comments regarding the specific use November 6, 1998. Written comments planning for this area and would be in proposed in the application and plan of were received from agencies, the public interest. The lease/patent, development, whether the BLM individuals, and organizations. All when issued, will be subject to the followed proper administrative comments were considered in the provisions of the Recreation and Public procedures in reaching the decision, or preparation of the FEIS and the Purposes Act and applicable regulations any other factor not directly related to proposed RMP Amendment. of the Secretary of the Interior, and will the suitability of the land for a fire The resource management planning contain the following reservations to the station. process includes the opportunity for United States: Any adverse comments will be review of the RMP Amendment and, if 1. A right-of-way thereon for ditches reviewed by the State Director. desired, to submit a protest to the BLM’s or canals constructed by the authority of In the absence of any adverse Director. Any person or organization the United States, Act of August 30, comments, the classification of the land who participated in the planning 1890 (43 U.S.C. 945). described in this Notice will become process and who has an interest that is 2. All minerals shall be reserved to effective 60 days from the date of or may be adversely affected by the the United States, together with the publication in the Federal Register. The approval of this RMP Amendment may right to prospect for, mine and remove lands will not be offered for lease/ protest the plan. Careful adherence to such deposits from the same under conveyance until after the classification the following guidelines will help you applicable law and such regulations as becomes effective. prepare a protest that will assure the

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A protest DATES: The protest period lasts 30 days Withdrawal of National Forest System without data will not provide us with and begins March 17, 2000, the day this Lands for Recreation Sites, Trailhead, the benefit of your information and Notice of Availability is published in and Summer Home Area; Arizona insight, and the Director’s review will the Federal Register. There is no AGENCY: Bureau of Land Management, provision for an extension of time. be based on the existing analysis and supporting data. Interior. Protests filed late or filed with the State ACTION: Public Land Order. Director, Field Manager or the Forest At the end of the 30-day protest Service shall be rejected by the Director. period, the BLM may issue a Record of SUMMARY: This order withdraws To be considered ‘‘timely’’ your protest Decision approving implementation of 2,833.15 acres of National Forest System must be postmarked no later than April any portion of the proposed plan not lands from location and entry under the 17, 2000. Although not a requirement, under protest. Approval will be United States mining laws for 20 years sending your protest by ‘‘certified mail, withheld on any portion of the plan that to protect Alto Pit Off-Highway Vehicle return receipt requested,’’ is is under protest, until the protest is Area, Camp Anytown, Camp Patterdell recommended. resolved. Pines, Camp Pearlstein, Camp ADDRESSES: Reading copies of the Wamotochick, Granite Basin Recreation Environment Impact Statement and FOR FURTHER INFORMATION CONTACT: Area, Lynx Creek Recreation Area, Pine proposed RMP Amendment will be Mike Small of the BLM Butte Field Summit Camp, Williamson Valley available at the BLM’s Butte Field Office at 406–494–5059. Trailhead, and Miller Creek Summer Office, 106 North Parkmont, Butte, Dated: February 25, 2000. Home Area. EFFECTIVE DATE: March 17, 2000. Montana 59702, or the Forest Service’s Steve Hartmann, FOR FURTHER INFORMATION CONTACT: Helena Ranger District, 2001 Poplar Acting Field Manager. Street, Helena, Montana 59601. Beverley Everson or Doug Franch, All protests must be filed in writing [FR Doc. 00–6589 Filed 3–16–00; 8:45 am] Prescott National Forest, 344 S. Cortez to: Director, Bureau of Land BILLING CODE 4310±DN±P Street, Prescott, Arizona 86303, 520– Management, Attention: Ms. Brenda 445–7253. Williams, Protests Coordinator, WO– By virtue of the authority vested in 210/LS–1075, Department of the DEPARTMENT OF THE INTERIOR the Secretary of the Interior by Section Interior, Washington, D.C. 20240. 204 of the Federal Land Policy and Bureau of Land Management The Overnight Mail address is: Management Act of 1976, 43 U.S.C. Director, Bureau of Land Management, 1714 (1994), it is ordered as follows: Attention: Ms. Brenda Williams, [ES±030±1430±00; ES±50582, Group 547, 1. Subject to valid existing rights, the Protests Coordinator, 1620 L Street NW, Minnesota] following described National Forest Room 1075, Washington, D.C. 20036. System lands are hereby withdrawn To expedite consideration, in addition Notice of Filing of Plat of an Island; from location and entry under the to the original protect being sent by mail Minnesota, Suspended United States mining laws (30 U.S.C. or overnight mail, a copy of the protest Ch. 2 (1994)), to protect Alto Pit Off- may be sent by fax to 202–452–5112 or On Tuesday, January 18, 2000, there Highway Vehicle Area, Camp Anytown, by electronic mail to was published in the Federal Register, Camp Patterdell Pines, Camp Pearlstein, [email protected]. Volume 5, Number 11, on page 2640, a Camp Wamotochick, Granite Basin To be considered complete, your notice entitled, ‘‘Notice of Filing of Plat Recreation Area, Lynx Creek Recreation protest must contain, at a minimum, the of an Island; Minnesota.’’ Said notice Area, Pine Summit Camp, Williamson following information: referenced the filing of the plat of the Valley Trailhead, and Miller Creek (1) The name, mailing address, survey of an island in Cedar Lake, Summer Home Area: telephone number, and interest of the Township 117 North, Range 30 West, Gila and Salt River Meridian, Prescott persons filing the protest; Fifth Principal Meridian, Minnesota, National Forest (2) A statement of the issue being accepted on January 6, 2000. Alto Pit OHV Area (AZA 30596) protested; This plat officially filed on February (3) A statement of the portion of the T.14 N., R.3 W., 22, 2000, is hereby suspended pending 1 1 plan being protested. To the extent Sec. 15, lots 1 to 5, inclusive, S ⁄2N ⁄2, the consideration of a protest against the N1⁄2SW1⁄4, and NE1⁄4SW1⁄4SW1⁄4; possible, this should be done by Sec. 16, E1⁄2SE1⁄4NE1⁄4 and NE1⁄4NE1⁄4SE1⁄4. referencing specific pages, paragraphs, survey. sections, tables, and maps in the Dated: March 7, 2000. Camp Anytown (AZA 30553) proposed RMP Amendment. Stephen G. Kopach, T.14 N., R.3 W., Sec. 24, N1⁄2N1⁄2NW1⁄4. (4) A copy of all documents Chief Cadastral Surveyor. addressing the issue that were [FR Doc. 00–6586 Filed 3–16–00; 8:45 am] Camp Patterdell Pines (AZA 30554) submitted during the planning process BILLING CODE 4310±GJ±P T.13 N., R.2 W., or a reference to the date the issue was Sec. 28, lots 9, 14, and 15. discussed for the record. (5) A concise statement explaining Camp Pearlstein (AZA 30583) why the BLM State Director’s decision T.13 N., R.3 W.,

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Sec. 12, lot 5; 2. This withdrawal will expire 20 organizations or businesses, and from Sec. 13, lot 2. years from the effective date of this individuals identifying themselves as Camp Wamotochick (AZA 30551) order unless, as a result of a review representatives or officials of T.13N., R2W., conducted before the expiration date organizations or businesses, available Sec. 35, lots 12 and 13. pursuant to section 204(f) of the Federal for public inspection in their entirety. Land Policy and Management Act of Granite Basin Recreation Area (AZA 30597) FOR FURTHER INFORMATION CONTACT: 1976, 43 U.S.C. 1714(f) (1994), the Alexis London, Rules Processing Team, T.14 N., R.3W., Secretary determines that the telephone (703) 787–1600. You may also Sec. 1, SW1⁄4SW1⁄4; withdrawal shall be extended. 1 1 1 1 1 contact Alexis London to obtain a copy Sec. 2, SW ⁄4NE ⁄4, E ⁄2SE ⁄4NW ⁄4, 1 1 1 1 1 1 Dated: March 13, 2000. E ⁄2NE ⁄4SW ⁄4, NW ⁄4NE ⁄4SW ⁄4, of the collection of information at no E1⁄2SW1⁄4NE1⁄4SW1⁄4, NE1⁄4SE1⁄4SW1⁄4, Sylvia V. Baca, cost. E1⁄2NW1⁄4SE1⁄4SW1⁄4, Assistant Secretary of the Interior. 1 1 1 1 1 SUPPLEMENTARY INFORMATION: N ⁄2SE ⁄4SE ⁄4SW ⁄4, and SE ⁄4; [FR Doc. 00–6667 Filed 3–16–00; 8:45 am] Sec. 3, NE1⁄4NE1⁄4SE1⁄4, W1⁄2NE1⁄4SE1⁄4, Title: Survey—Public Information BILLING CODE 3410±11±P W1⁄2SE1⁄4NE1⁄4SE1⁄4, Offices (PIO). W1⁄2NE1⁄4SE1⁄4SE1⁄4,E1⁄2NW1⁄4SE1⁄4SE1⁄4, OMB Control Number: 1010–NEW. and W1⁄2SW1⁄4SE1⁄4SE1⁄4; Abstract: The Outer Continental Shelf 1 1 1 1 DEPARTMENT OF THE INTERIOR Sec. 10, E ⁄2NE ⁄4NE ⁄4NE ⁄4, (OCS) Lands Act, 43 U.S.C. 1331 et seq., W1⁄2NW1⁄4NE1⁄4NE1⁄4, S1⁄2NE1⁄4NE1⁄4, requires the Secretary of the Interior to SE1⁄4NE1⁄4, and E1⁄2SE1⁄4; Minerals Management Service Sec. 11, lots 11 to 17, inclusive, E1⁄2NE1⁄4, preserve, protect, and develop offshore W1⁄2NW1⁄4, SW1⁄4SW1⁄4, and SE1⁄4; Agency Information Collection oil and gas and sulphur resources; make Sec. 12, W1⁄2 and SW1⁄4NE1⁄4; Activities: Proposed Collection; such resources available to meet the Sec. 13, W1⁄2NW1⁄4 and SW1⁄4; Comment Request Nation’s energy needs as rapidly as Sec. 14, lots 1 to 6, inclusive, E1⁄2NE1⁄4, and possible; balance orderly energy 1 1 1 AGENCY: Minerals Management Service NE ⁄4NE ⁄4SE ⁄4; resource development with protection 1 1 (MMS), Interior. Sec. 15, NE ⁄4NE ⁄4; of the human, marine, and coastal Sec. 24, lots 1, 3, and 4, and S1⁄2N1⁄2NW1⁄4. ACTION: Notice of new information environments; ensure the public a fair collection. Lynx Creek Recreation Area Expansion (AZA and equitable return on the resources of 30584) SUMMARY: As part of its continuing effort the OCS; preserve and maintain free T.13N., R.1W., to reduce paperwork and respondent enterprise competition; and ensure that Sec. 5, lots 10 and 11, S1⁄2NW1⁄4, and burden, MMS invites the public and the extent of oil and natural gas 1 1 W ⁄2SW ⁄4 (except the lands withdrawn other Federal agencies to comment on a resources of the OCS is assessed at the by Public Land Order No. 5058); proposal for the new collection of earliest practicable time. MMS Sec. 6, lot 8 and SE1⁄4NE1⁄4 (except the lands withdrawn by Public Land Order information discussed below. We intend administers this program. No. 5058); to submit this collection of information Executive Order 12862, September 11, Sec. 8, NE1⁄4NW1⁄4 and N1⁄2NW1⁄4NW1⁄4 to the Office of Management and Budget 1993, Setting Customer Service (except the lands withdrawn by Public (OMB) for approval. The Paperwork Standards, provided renewed focus on Land Order No. 5058). Reduction Act of 1995 provides that an surveying customers. The Executive Pine Summit Camp (AZA 30550) agency may not conduct or sponsor, and Order states that customer satisfaction is a person is not required to respond to, seen as the ultimate performance T.13N., R.2W., a collection of information unless it Sec. 34, lots 9 (except the patented portion indicator for the Federal Government of MS 4226), 10 (except the patented displays a currently valid OMB control because it shows how well our portion of MS 4226), 11, 12, and 18; number. customers are being served and what we Sec. 35, lots 14 and 15. DATES: Submit written comments by must do to close the gap between what Williamson Valley Trailhead (AZA 30582) May 16, 2000. we provide our customers and what ADDRESSES: Mail or hand carry they want. We included in our T.15N., R.2W., Government Performance Results Act Portions of lot 4, sec. 19 and lot 1, sec. 30, comments to the Department of the more particularly described by metes and Interior; Minerals Management Service; Strategic Plan, a requirement to survey bounds as follows: BEGINNING at the section Attention: Rules Processing Team; Mail customers to validate our customer corner of secs. 19, 30, 24, and 25, T. 15 N., Stop 4024; 381 Elden Street; Herndon, service/satisfaction performance. We Rs. 2 and 3 W., thence south along the west Virginia 20170–4817. Our practice is to have not conducted a survey of the section line of sec. 30, 50 feet, thence along make comments, including names and regional PIOs for several years. a line parallel with the north section line of home addresses of respondents, A goal included in the Strategic Plan sec. 30, 125.2 feet to the west right-of-way available for public review during requires the Offshore Minerals line of the Williamson Valley Road, A.K.A., Prescott-Simmons County Highway; thence regular business hours. Individual Management program to improve the North 23 degrees West, 320.5 feet along said respondents may request that we level of service of its PIOs by 2003. The right-of-way line to the west section line of withhold their home address from the baseline for this improvement is FY sec. 19; thence south along said section line, rulemaking record, which we will honor 2000. To assess whether this goal has 245 feet to the POINT OF BEGINNING. to the extent allowable by law. There been met, we plan to conduct an annual T.15N., R.3W., may be circumstances in which we customer satisfaction survey over the Sec. 25, NE1⁄4NE1⁄4NE1⁄4NE1⁄4. would withhold from the record a next 3 years. The first survey will Miller Creek Summer Home Area (AZA respondent’s identity, as allowable by probably include the most questions, 30552) the law. If you wish us to withhold your and the results will provide the FY 2000 name and/or address, you must state baseline for measuring achievement of T.14N., R.3W., this prominently at the beginning of this performance goal. The questions to Sec. 35, W1⁄2NE1⁄4SE1⁄4SW1⁄4 and NW1⁄4SE1⁄4SW1⁄4. your comment. However, we will not be included in the subsequent surveys The areas described aggregate 2,833.15 consider anonymous comments. We may be reduced, depending on the acres in Yavapai County. will make all submissions from results from the baseline survey. MMS

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With respect to Frequency: Annual survey. the Court after the expiration of the these two businesses, if the parties Estimated Number and Description of statutory 60-day public comment period possess both contracts as of February Respondents: Approximately 4,100 and compliance with the Antitrust 2000, they are required to divest one of MMS customers on regional mailing Procedures and Penalties Act. 15 U.S.C. these businesses. lists, including Federal OCS oil, gas, § 16(b)–(h). Unless the plaintiff grants a time and sulphur lessees and operators. The United States filed a civil extension, CBS must divest these Estimated Annual Reporting and antitrust Complaint on December 6, outdoor advertising assets with one- Recordkeeping ‘‘Hour’’ Burden: We 1999, alleging that the proposed hundred and fifty (150) days after the estimate 20–25 minutes to complete acquisition of Outdoor Systems, Inc. filing of the Complaint in this action. each survey, for a total annual burden (‘‘OSI’’) by CBS Corporation (‘‘CBS’’) Finally, in the event that the Court does of 427 hours. There are no would violate Section 7 of the Clayton not, for any reason, enter the Final recordkeeping requirements. Act, 15 U.S.C. 18. The Complaint alleges Judgment with that one-hundred and Estimated Annual Reporting and that CBS and OSI compete head-to-head fifty day period, the divestitures are to Recordkeeping ‘‘Non-Hour Cost’’ to sell out-of-home advertising displays occur within five (5) business days after Burden: None. in Three Metropolitan Areas: (1) New notice of entry of the Final Judgment. Comments: We will summarize York, New York; (2) New Orleans, If CBS does not divest the assets written responses to this notice and Louisiana; and (3) Phoenix, Arizona; within the time periods specified in the address them in our submission for (collectively ‘‘the Three Metropolitan final judgment, the Court, upon OMB approval. We specifically solicit Areas’’). Outdoor advertising companies plaintiff’s application, is to appoint a your comments on the following sell out-of-home advertising display trustee to sell the assets. The proposed questions: space to local and national customers. Final Judgment also requires that, until (a) Is the proposed collection of The out-of-home advertising display the divestitures mandated by the final information necessary for us to properly business in the Three Metropolitan Judgment have been accomplished, CBS perform our functions, and will it be Areas is highly concentrated. CBS, shall take all steps necessary to useful? through TDI, a subsidiary of CBS-owned maintain and operate the divestiture (b) Is the estimate of the burden hours Infinity Broadcasting Corporation, and assets as active competitors; maintain of the proposed collection reasonable? OIS would have a combined share of the management, staffing, sales and (c) Do you have any suggestions that revenue is excess of 60 percent in New marketing of the out-of-home would enhance the quality, clarity, or York, New York and a combined share advertising displays; and maintain out- usefulness of the information to be in excess of 75 percent in Phoenix, of-home advertising displays in collected? Arizona and New Orleans, Louisiana. operable condition. Further, the (d) Is there a way to minimize the Unless the acquisition is blocked, proposed Final Judgment requires CBS information collection burden on competition would be substantially to give the United States prior notice respondents, including through the use lessened in the Three Metropolitan regarding certain future outdoor of appropriate automated electronic, Areas, and advertisers would likely pay advertising acquisitions or agreements mechanical, or other forms of higher prices. pertaining to the sale of outdoor information technology? The prayer for relief seeks: (a) An advertising in the Three Metropolitan MMS Information Collection adjudication that the proposed Areas, Clearance Officer: Jo Ann Lauterbach, transaction described in the Complaint The plaintiff and the defendants have (202) 208–7744). would violate Section 7 of the Clayton stipulated that the proposed Final Dated: March 2, 2000. Act; (b) Preliminary and permanent Judgment may be entered after E.P. Danenberger, injunctive relief preventing the compliance with the APPA. Entry of the Chief, Engineering and Operations Division. consummation of the transaction; (c) An proposed Final Judgment would award to the United States of the costs terminate this action, except that the [FR Doc. 00–6662 Filed 3–16–00; 8:45 am] of this action; and (d) Such other relief Court would retain jurisdiction to BILLING CODE 4310±MR±W as is proper. construe, modify, or enforce the Shortly before this suit was filed, a provisions of the proposed Final proposed settlement was reached that Judgment and to punish violations DEPARTMENT OF JUSTICE permits CBS to complete its acquisition thereof. of OSI, yet preserves competition in the A Competitive Impact Statement filed Antitrust Division Three Metropolitan Areas where the by the United States, describes the Proposed Final Judgment and transaction raises significant Complaint, the proposed Final Competitive Impact Statement: United competitive concerns. A Stipulation and Judgment, and remedies available to States of America v. CBS Corporation, proposed Final Judgment embodying private litigants. Infinity Broadcasting Corporation and the settlement were filed at the same Public comment is invited within the Outdoor Systems, Inc. time the complaint was filed. statutory 60-day comment period. Such In Phoenix and New Orleans, the comments, and the responses thereto, Notice is hereby given pursuant to the defendants are required to divest assets will be published in the Federal Antitrust Procedures and Penalties Act, equivalent to all the out-of-home assets Register and filed with the Court. 15 U.S.C. 16(b)–(h), that a proposed of one of the merging parties, thus Written comments should be directed to Final Judgment, Stipulation, and completely restoring the pre-merger Willie Hudgins, Assistant Chief, Competitive Impact Statement have industry structure and resolving any Litigation II, Antitrust Division, 1401 H been filed with the United States competitive concerns. In New York, the Street, NW., Suite 3000, Washington,

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D.C. 20530 (telephone: 202–307–0001). declining entry of the proposed Final level of competition in the sale of out- Copies of the Complaint, Stipulation, Judgment, and the Court has not of-home advertising; proposed Final Judgment and otherwise ordered continued And Whereas, Defendants have Competitive Impact Statement are compliance with the terms and represented to the plaintiff that the available for inspection in Room 215 of provisions of the proposed Final divestitures ordered herein can and will the Antitrust Division, Department of Judgment, then the parties are released be made and that Defendants will not Justice, 325 7th Street, NW., from all further obligations under this later raise claims of hardship or Washington, DC 20530 (telephone: 202– Stipulation, and the making of this difficulty as grounds for asking the 514–2481) and at the office of the Clerk Stipulation shall be without prejudice to Court to modify any of the divestitures of the United States District Court for any party in this or any other contained below; the District of Columbia, Third Street proceeding. Now, Therefore, before the taking of and Constitution Avenue, NW, 6. Defendants represent that the any testimony, and without trial or Washington, DC 20001. divestitures ordered in the proposed adjudication of any issue of fact or law Copies of any of these materials may Final Judgment can and will be made, herein, and upon consent of the parties be obtained upon request and payment and that defendants will later raise no hereto, it is hereby Ordered, Adjudged, of a copying fee. claim of hardship or difficulty as and Decreed as follows: grounds for asking the Court to modify I. Jurisdiction Constance K. Robinson, any of the divestiture provisions Director of Operations, Antitrust Division. contained therein. This Court has jurisdiction over each of the Defendants hereto and over the Dated: December 6, 1999. Stipulation and Order subject matter of this action. The It is stipulated by and between the For Plaintiff United States: Complaint states a claim upon which undersigned parties, by their respective Renee Eubanks, relief may be granted against the attorneys, as follows: U.S. Department of Justice, Antitrust Defendants, as herein after defined, Division, Litigation II, 1401 H Street, NW, 1. The Court has jurisdiction over the under Section 7 of the Clayton Act, as subject matter of this action and over Suite 4000, Washington, DC 20005, Washington, DC 20005, (202) 307–0001. amended (15 U.S.C. 18). each of the parties hereto, and venue of Dated December 6, 1999. this action is proper in the United States II. Definitions District Court for the District of So Ordered: As used in this Final Judgment: Columbia. Thomas F. Hogan, A. ‘‘CBS’’ means Defendant CBS 2. The parties stipulate that a Final United States District Judge. Corporation, a Pennsylvania corporation Judgment in the form hereto attached For Defendant CBS Corporation and Infinity Broadcasting Corporation: with its headquarters in New York, New may be filed and entered by the Court, York, and its successors, assigns, upon the motion of any party or upon Helene Jaffe, Weil, Gotshal & Manges, LLP, 767 Fifth subsidiaries, divisions, groups, the Court’s own motion, at any time Avenue, New York, NY 10153–0119, (212) affiliates, partnerships and joint after compliance with the requirements 310–8000. ventures, and directors, officers, of the Antitrust Procedures and For Defendants Outdoor Systems Inc.: managers, agents, and employees, Penalties Act (15 U.S.C. 16), and Lawrence R. Fullerton, including but not limited to, Infinity without further notice to any party or Powell, Goldstein, Frazer, & Murphy, 1001 Broadcasting Corporation, and TDI other proceedings, provided that Pennsylvania Ave., NW, Washington, DC Worldwide Inc., a subsidiary of CBS- plaintiff has not withdrawn its consent, 20004, (202) 624–7282. owned Infinity Broadcasting which it may do at any time before the Corporation. entry of the proposed Final Judgment by Final Judgment B. ‘‘Infinity’’ means Defendant serving notice thereof on defendants Whereas, plaintiff, the United States Infinity Broadcasting Corporation, a and by filing that notice with the Court. of America, filed its Complaint in this Delaware corporation with its 3. Defendants shall abide by and action on December 6, 1999, and headquarters in New York, New York, comply with the provisions of the Plaintiff and Defendants by their and its successors, assigns, subsidiaries, proposed Final Judgment pending entry respective attorneys, having consented divisions, groups, affiliates, of the Final Judgment by the Court, or to the entry of this Final Judgment partnerships and joint ventures, and until expiration of time for all appeals without trial or adjudication of any directors, officers, managers, agents, and of any Court ruling declining entry of issue of fact or law herein, and without employees. the proposed Final Judgment, and shall, this Final Judgment constituting any C. ‘‘OSI’’ means Defendant Outdoor from the date of the signing of this evidence against or an admission by any Systems, Inc., a Delaware corporation Stipulation by the parties, comply with party with respect to any issue of law with its headquarters in Phoenix, all the terms and provisions of the or fact herein; Arizona, and its successors, assigns, proposed Final Judgment as though the And Whereas, Defendants have agreed subsidiaries, divisions, groups, same were in full force and effect as an to be bound by the provisions of this affiliates, partnerships and joint Order of the Court. Final Judgment pending its approval by ventures, and directors, officers, 4. This Stipulation shall apply with the Court; managers, agents, and employees. equal force and effect to any amended And Whereas, the essence of this D. ‘‘Defendants’’ means CBS, Infinity, proposed Final Judgment agreed upon Final Judgment is prompt and certain and OSI. writing by the parties and submitted to divestiture of the out-of-home E. ‘‘Net Revenues’’ means gross the Court. advertising assets in the Three revenues minus agency commissions as 5. In the event (a) the plaintiff Metropolitan Areas, as defined below, to those terms are ordinarily and withdraws its consent, as provided in ensure that competition is substantially customarily calculated with respect to paragraph 2 above, or (b) the proposed preserved; the assets covered by this Final Final Judgment is not entered pursuant And Whereas, plaintiff requires Judgment. to this Stipulation, the time has expired Defendants to make the divestitures for F. ‘‘Out-of-Home Advertising Display for all appeals of any Court ruling the purpose of maintaining the current Assets’’ means:

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(1) CBS’s business of selling on such displays pursuant to contract lithographed or silk-screened material, advertising displays that appear on or in awarded by the Metropolitan Transit typically measuring 12′ x 25′ or 300 public buses in the New Orleans Authority of New York to OSI. The New square feet or larger and located Metropolitan Area, the rights to place York City Subway Business includes all primarily on primary and secondary and sell advertising on such faces tangible and intangible assets used in arterials. having been awarded to TDI through the sale of advertising on each of the L. ‘‘Walls’’ are defined as painted or contract by the Regional Transit display faces described above including, computer generated vinyl Authority in New Orleans or any other but not limited to, all real property advertisements found directly on governing authority; (owned or leased); all licenses, permits building walls. (2) Either (a) CBS’s business of selling and authorizations issued by any M. ‘‘Spectaculars’’ are defined as non- advertising displays that appear on or in governmental organization relating to standard sized structures which are public buses in the Phoenix the operation of the display faces; all custom designed to gain maximum Metropolitan Area, the rights to place contracts, agreements, leases, licenses, attention at key locations with mass and sell advertising on such faces commitments and understandings consumer exposure. having been awarded to TDI through pertaining to the sale of advertising on N. ‘‘Metropolitan Areas’’ means: (1) contract by the Phoenix Transit System those display faces; all applicable With respect to New York, New York, or any other governing authority, or (b) customer lists, contracts, accounts, the five boroughs of Brooklyn, Queens, a combination of out-of-home promotional materials, and credit Manhattan, the Bronx and Staten Island advertising display faces in the Phoenix records pertaining to the sale of (‘‘New York City Area’’); (2) with Metropolitan Area, to be approved by advertising on those display faces; all respect to New Orleans, Louisiana, the the United States in its sole discretion, applicable logs and other records parishes of St. Tammany, Orleans and consisting of mix of Bulletins, Thirty- maintained by Defendants in connection Jefferson, (‘‘New Orleans Metropolitan sheet posters, Walls, and Spectaculars with the display faces; and maps or Area’’) and (3) with respect to Phoenix, that yielded Net Revenues in 1998 of no other documents depicting the location Arizona, Maricopa County (‘‘Phoenix less than the Net Revenues generated in of the display faces. Metropolitan Area’’). 1998 from the sale of the outdoor H. ‘‘New York City Bus Shelter O. ‘‘Three Metropolitan Areas’’ means advertising display faces described in Business’’ means OSI’s business of the New York City Area, the Phoenix Section II(F)(2)(a); and selling advertising on display faces Metropolitan Area; and the New Orleans (3) A combination of out-of-home mounted in glass in or on bus shelters Metropolitan Area. advertising display faces owned and/or and often backlit for 24-hour visibility, III. Applicability operated by the Defendants in the New found along public bus routes in the York City Area, to be approved by the New York City Area, the rights to place A. The provisions of this Final United States in its sole discretion, and sell advertising such displays, Judgment apply to the Defendants, their consisting of a mix of Bulletins, Thirty- pursuant to contract awarded by the successors and assigns, their sheet posters, Walls, and Spectaculars New York City Department of subsidiaries, directors, officers, that yielded Net Revenues in 1998 of no Transportation to OSI. The New York managers, agents, and employees, and less than twenty-five point three ($25.3) City Bus Shelter Business includes all all other persons in active concert or million dollars. tangible and intangible assets used in participation with any of them who Out-of-Home Advertising Display the sale of advertising on each of the shall have received actual notice of this Assets includes all tangible and display faces described above including, Final Judgment by personal service or intangible assets used in the sale of but not limited to, all real property otherwise. advertising on each of the display faces (owned or leased); all licenses, permits B. Each Defendant shall require, as a described above including, but not and authorizations issued by any condition of the sale or other limited to, all real property (owned or governmental organization relating to disposition of all of substantially all of leased); all licenses, permits and the operation of the display faces; all their out-of-home advertising business authorizations issued by any contracts, agreements, leases, licenses, in any of the Three Metropolitan Areas, governmental organization relating to commitments and understandings that the purchasing party or parties the operation of the display faces; all pertaining to the sale of advertising on agree(s) to be bound by the provisions contracts, agreements, leases, licenses, those display faces; all applicable of this Final Judgment. commitments and understandings customer lists, contracts, accounts, IV. Divestiture pertaining to the sale of advertising on promotional materials, and credit those display faces; all applicable records pertaining to the sale of A. Defendants are hereby ordered and customer lists, contracts, accounts, advertising on those display faces; all directed in accordance with the terms of promotional materials, and credit applicable logs and other records this Final Judgment, within one records pertaining to the sale of maintained by Defendants in connection hundred fifty days (150) after the filing advertising on those display faces; all with the display faces; and maps or of the Complaint in this matter or five applicable logs and other records other documents depicting the location (5) days after notice of the entry of this maintained by Defendants in connection of the display faces. Final Judgment by the Court, whichever with the display faces; and maps or I. ‘‘Acquirer’’ or ‘‘Acquirers’’ means is later, to divest the Out-of-Home other documents depicting the location the entity or entities to whom CBS and Advertising Display Assets to an of the display faces. OSI divest the assets required to be Acquirer (or Acquirers) acceptable to G. ‘‘New York City Subway Business’’ divested pursuant to this Final the United States in its sole discretion. means OSI’s business of selling Judgment. B. If, as of February 1, 2000, (1) CBS advertising on displays within the J. ‘‘Bulletins’’ are defined as structures or OSI is deriving revenue from the sale subway transit system of the New York typically sized 14′ x 48′ or larger, of advertising on displays within the City Area, including, but not limited to, located primarily on major highways, subway transit system of the New York subway car interior displays, platform expressways or principal arterials. City Area, in accordance with any postings and lighted platform displays, K. ‘‘Thirty-sheet posters’’ are defined franchise, contract, agreement with, the rights to place and sell advertising as poster panels, typically of understanding, or condition imposed by

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In the event that Defendants have understanding, or condition imposed by who work at, or whose principal not divested the Divestiture Assets the New York City Department of responsibilities relate to, the Divestiture within the time specified in Section Transportation, then CBS and/or OSI Assets. IV(A) of this Final Judgment, the Court must divest, by the terms of this Final G. Defendants shall take no action, shall appoint, on application of the Judgment, at their option, either the direct or indirect, that will impede in United States, a trustee selected by the New York City Subway Business or the any way the operation of Divestiture United States in its sole discretion to New York City Bus Shelter Business; Assets. effect the divestiture of the Divestiture and inform the United States on H. Unless the United States otherwise Assets. February 1, 2000 which of the two consents in writing and whether B. After the appointment of a trustee businesses they intend to divest. The pursuant to Section IV or Section V of becomes effective, only the trustee shall divestitures required under this this Final Judgment: have the right to sell the Divestiture subsection shall also be accomplished (1) The divestitures in the Phoenix Assets. In the event that divestitures are within one hundred fifth (150) calendar Metropolitan Area shall be made to a required under Section IV(B), then the days after the filing of the Complaint in single Acquirer; trustee shall have the right in, in its sole this matter or five (5) days after notice (2) The divestitures in the New discretion, to divest either the New York of the entry of this Final Judgment by Orleans Metropolitan Area shall be City Subway Business or the New York the Court, whichever is later, to an made to a single Acquirer; and City Bus Shelter Business. The trustee Acquirer acceptable to the United States (3) The divestitures in the New York shall also have the right, in its sole is its sole discretion. City Area of the New York City Subway discretion, to divest either the assets C. Defendants shall use their best Business or New York City Bus Shelter described in Section II(F)(2)(a) or the efforts to accomplish the divestitures as Business; and those assets described in assets described in Section II(F)(2)(b). expeditiously and timely as possible Section II (F)(3) of this Final Judgment, The trustee shall have the power and and shall use their best efforts to obtain shall be made to a single Acquirer. If, authority to accomplish the divestitures all transit or other governing authority after making a reasonable, good faith at the best price then obtainable upon a consents and approvals necessary to effort, Defendants are unable to effect a reasonable effort by the trustee, subject complete the divestitures. The United sale to a single Acquirer, they may to the provisions of Sections IV and VII States, in its sole discretion, may extend submit more than one Acquirer for of this Final Judgment, and shall have the time period for any divestiture for approval by the United States which, in such other powers as the Court shall two (2) additional thirty (30) day its sole discretion, may determine deem appropriate. Subject to Section periods of time, not to exceed sixty (60) whether to permit such a sale. V(C) of this Final Judgment, the trustee calendar days in total. 1. Unless the United States otherwise shall have the power and authority to D. In accomplishing the divestitures consents in writing, the divestitures hire at the cost and expense of ordered by this Final Judgment pursuant to Section IV, or by trustee Defendants any investment bankers, Defendants promptly shall make known, appointed pursuant to Section V of this attorneys, or other agents reasonably by usual and customary means, the Final Judgment, shall include all of the necessary in the judgment of the trustee availability of the assets required to be Divestiture Assets and be accomplished to assist in the divestitures, and such divested pursuant to Section IV (A) and in such a way as to satisfy the United professionals and agents shall be (B) of this Final Judgment (‘‘Divestiture States, in its sole discretion, that the accountable solely to the trustee. The Assets’’). Defendants shall inform any Divestiture Assets can and will be used trustee shall have the power and person making any inquiry regarding a by an Acquirer or Acquirers as viable, authority to accomplish the divestitures possible purchase that the sale is being ongoing commercial businesses engaged of Divestiture Assets at the earliest made pursuant to this Final Judgment in the sale of out-of-home advertising possible time to an Acquirer (or and provide such person with a copy of and that the divestiture of such Acquirers) acceptable to the United this Final Judgment. Defendants shall advertising assets will remedy the States in its sole discretion, and shall also offer to furnish to all prospective competitive harm alleged in the have such other powers as this Court Acquirers, subject to customary Complaint. The divestitures, whether shall deem appropriate. Defendants confidentiality assurances, all pursuant to Section IV or Section V of shall not object to a sale by the trustee information regarding the Divestiture this Final Judgment: (1) Shall be made on any grounds other than the trustee’s Assets, customarily provided in a due to an Acquirer (or Acquirers) who it is malfeasance. Any such objections by diligence process except such demonstrated to the United States’ sole Defendants must be conveyed in writing information subject to attorney-client satisfaction has or have the intent and to plaintiff and the trustee within ten privilege or attorney work-product capability (including the necessary (10) calendar days after the trustee has privilege. Defendants shall make managerial, operational, and financial provided the notice required under available such information to the United capability) of competing effectively in Section VII of this Final Judgment. States at the same time that such the sale of out-of-home advertising; and C. The trustee shall serve at the cost information is made available to any (2) shall be accomplished so as to satisfy and expense of Defendants, on such other person. the United States, in its sole discretion, terms and conditions as the Court may E. Defendants shall permit that none of the terms of any agreement prescribe, and shall account for all prospective Acquirers of the Divestiture between an Acquirer (or Acquirers) and monies derived from the sale of the Assets to have reasonable access to CBS or OSI give CBS or OSI the ability assets sold by the trustee and all costs personnel and to make such inspection unreasonably to raise the Acquirer’s (or and expenses so incurred. After of the physical facilities associated with Acquirers’) costs, to lower the approval by the Court of the trustee’s the assets and any and all financial, Acquirer’s (or Acquirers’) efficiency, or accounting, including fees for its

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The and (3) the trustee’s recommendations; with the terms of this Final Judgment, compensation of such trustee and of any provided, however, that to the extent to effect, in whole or in part, any professionals and agents retained by the such reports contain information that proposed divestitures pursuant to trustee shall be reasonable in light of the the trustee deems confidential, such Sections IV or V of this Final Judgment, value of the divested business and based reports shall not be filed in the public Defendants or the trustee, whichever is on a fee arrangement providing the docket of the Court. The trustee shall at then responsible for effecting the trustee with an incentive based on the the same time furnish such report to the divestitures, shall notify the United price and terms of the divestitures and plaintiff and the Defendants, each of States of the proposed divestitures. If the speed with which they are whom shall have the right to be heard the trustee is responsible, it shall accomplished. and to make additional similarly notify Defendants. The notice D. Defendants shall use their best recommendations consistent with the shall set forth the details of the efforts to assist the trustee in purpose of the trust. The Court shall proposed transaction and list the name accomplishing the required divestitures, enter thereafter such orders as it shall and address, and telephone number of including best efforts to effect all deem appropriate in order to carry out necessary consents and regulatory the purpose of the trust which may, if each person not previously identified approvals. The trustee, and any necessary, include extending the trust who offered to, or expressed an interest consultants, accountants, attorneys and and the term of the trustee’s in or a desire to, acquire any ownership other persons retained by the trustee, appointment by a period requested by interest in the businesses to be divested shall have full and complete access to the United States. that are the subject of the binding the personnel, books, records, and contract, together with full details of facilities of the businesses to be VI. Notice same. Within fifteen (15) calendar days divested, and Defendants shall develop Unless such transaction is otherwise of receipt by the United States of notice, financial or other information relevant subject to the reporting and waiting the United States may request from to the businesses to be divested period requirements of the Hart-Scott- Defendants, the proposed Acquirer (or customarily provided in a due diligence Rodino Antitrust Improvements Act of Acquirers), or any other third party process as the trustee may reasonably 1976, as amended, 15 U.S.C. § 18a (the additional information concerning the request, subject to customary ‘‘HSR Act’’), Defendants shall give thirty proposed divestitures and the proposed confidentiality assurances. Defendants (30) days notice to the United States Acquirer or Acquirers. Defendants and shall permit prospective Acquirers of prior to acquiring any assets of or any the trustee shall furnish any additional interest, including any financial, the Divestiture Assets to have information requested from them within security, loan, equity or management reasonable access to personnel and to fifteen (15) calendar days of the receipt make such inspection of physical interest, in any out-of-home display of the request, unless the parties shall facilities associated with the displays advertising business, that owns and/or otherwise agree. Within thirty (30) and any and all financial, operational or operates any out-of-home displays that other documents and other information have a similar advertising purpose as calendar days after receipt of the notice as may be relevant to the divestitures the out-of-home displays currently held or within twenty (20) calendar days required by this Final Judgment. by the Defendants: after the United States has been E. After it appointment, the trustee (1) In the new Orleans metropolitan provided the additional information shall file monthly reports with the Area and the Phoenix Metropolitan Area requested from Defendants, the parties and the Court setting forth the that generates Net Revenues of $250,000 proposed Acquirer (or Acquirers), and trustee’s efforts to accomplish the or greater over a twelve-month period any third party, whichever is later, the divestitures ordered pursuant to this (beginning when this Final Judgment is United States shall provide written Final Judgment; provided, however, that entered and continuing for the term of notice to Defendants and the trustee, if to the extent such reports contain the Final Judgment); for the purposes of there is one, stating whether or not it information that the trustee deems this limitation, acquisitions during each objects to the proposed divestitures. If confidential such reports shall not be twelve-month period shall be the United States provides written filed in the public docket of the Court. aggregated; and notice to Defendants an the trustee that Such reports shall include the name, (2) In the New York City Area that the United States does not object, then address and telephone number of each generates Net Revenues of $3.9 million the divestitures may be consummated, person who, during the preceding or greater over a twelve-month period subject only to Defendants’ limited right month, made an offer to acquire, (beginning when this Final Judgment is to object to the sale under Section V(B) expressed an interest in acquiring, entered and continuing for the term of of this Final Judgment. Absent written entered into negotiations to acquire, or the Final Judgment); for the purposes of was contacted or made an inquiry about this limitation, acquisitions during each notice that the United States does not acquiring, any interest in the businesses twelve-month period shall be object to the proposed Acquirer (or to be divested, and shall describe in aggregated. Acquirers) or upon objection by the detail each contact wit any such person Defendants are not required, however, United States, a divestiture proposed during that period. The trustee shall to give notice for any acquisition under Section IV or Section V shall not maintain full records of all efforts made derived from Defendants’ successful bid be consummated. Upon objection by to divest the businesses to be divested. on any public contract. This Section Defendants under the provision in F. If the trustee has not accomplished shall be broadly construed and any Section V(B), a divestiture proposed such divestitures within six (6) months ambiguity or uncertainty regarding the under Section V shall not be after its appointment, the trustee filing of notice under this Section shall consummated unless approved by the thereupon shall file promptly with the be resolved in favor of filing notice. Court.

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VIII. Affidavits Divestiture Assets in operable Defendants to the plaintiff, the A. Within twenty (20) calendar days condition. Defendants shall take no Defendants represent and identify in of the filing of the Complaint in this action that would jeopardize the writing the material in any such matter and every thirty (30) calendar divestitures required under this Final information or documents to which a days thereafter until the divestitures Judgment. claim or protection may be asserted have been completed whether pursuant under Rule 26(c)(7) of the Federal Rules X. Financing of Civil Procedure, and the defendants to Section IV or Section V of this Final The Defendants are ordered and Judgment, Defendants shall deliver to mark each pertinent page of such directed not to finance all or any part of material, ‘‘Subject to claim of protection the United States an affidavit as to the any purchase by an Acquirer (or under Rule 26(c)(7) of the Federal Rules fact and manner of compliance with this Acquirers) made pursuant to Sections IV of Civil Procedure,’’ then ten (10) Final Judgment. Each such affidavit or V of this Final Judgment. calendar days notice shall be given by shall include, inter alia, the name, the plaintiff to the Defendants prior to address, and telephone number of each XI. Compliance Inspection divulging such material in any legal person who, at any time after the period For purposes of determining or proceeding (other than a grand jury covered by the last such report, made an securing compliance with the Final proceeding) to which the Defendants are offer to acquire, expressed an interest in Judgment or of determining whether the not a party. acquiring, entered into negotiations to Final Judgment should be modified or acquire, or was contacted or made an vacated, and subject to any legally XII. Retention of Jurisdiction inquiry about acquiring, any interest in recognized privilege, from time to time: Jurisdiction is retained by this Court the businesses to be divested, and shall A. Duly authorized representatives of for the purpose of enabling any of the describe in detail each contact with any the plaintiff, upon the written request of parties to this Final Judgment to apply such person during that period. Each the Assistant Attorney General in charge to this Court at any time for such further such affidavit shall also include a of the Antitrust Division of the United orders and directions as may be description of the efforts that States Department of Justice, and on necessary or appropriate for the Defendants have taken to solicit a buyer reasonable notice to the Defendants construction or carrying out of this Final for the Divestiture Assets and to provide made to their principal offices, shall be Judgment, for the modification of any of required information to prospective permitted: the provisions hereof, for the Acquirers. (1) Access during office hours of the enforcement of compliance herewith, B. Within twenty (20) calendar days Defendants to inspect and copy all and for the punishment of any of the filing of the Complaint in this books, ledgers, accounts, violations hereof. matter, Defendants shall deliver to the correspondence, memoranda, and other United States an affidavit that describes records and documents in the XIII. Termination in detail all actions they have taken and possession or under the control of the Unless this Court grants an extension, all steps they have implemented on an Defendants, who may have counsel this Final Judgment will expire upon on-going basis to preserve the present, relating to the matters the tenth anniversary of the date of its Divestiture Assets pursuant to Section contained in this Final Judgment; and entry. IX of this Final Judgment. The affidavit (2) Subject to the reasonable XIV. Public Interest also shall describe, but not be limited to, convenience of the Defendants and the efforts of Defendants to maintain without restraint or interference from Entry of this Final Judgment is in the and operate the Divestiture Assets as any of them, to interview, either public interest. active competitors; maintain the informally or on the record, their Dated: lll llllllllllllll management, staffing, sales, and officers, employees, and agents, who lllllllllllllllllllll marketing of the Divestiture Assets; and may have counsel present, regarding United States District Judge maintain the Divestiture Assets in any such matters. operable condition. Defendants shall B. Upon the written request of the Competitive Impact Statement deliver to the United States an affidavit Assistant Attorney General in charge of Plaintiff, the United States of describing any changes to the efforts the Antitrust Division, made to the America, pursuant to Section 2(b) of the and actions outlined in their earlier Defendants’ principal offices, the Antitrust Procedures and Penalties Act affidavit(s) filed pursuant to this Section Defendants shall submit such written (‘‘APPA’’), 15 U.S.C. 16(b)–(h), files this within fifteen (15) calendar days after reports, under oath if requested, with Competitive Impact Statement relating the change is implemented. respect to any matter contained in the to the proposed Final Judgment C. Until one year after such Final Judgment. submitted for entry in this civil antitrust divestiture has been completed, C. No information or documents proceeding. Defendants shall preserve all records of obtained by the means provided in all efforts made to preserve the business Sections VIII or XI of this Final I. Nature and Purpose of the Proceeding to be divested and effect the Judgment shall be divulged by a Plaintiff filed a civil antitrust divestitures. representative of the plaintiff to any Complaint on December 6, 1999, person other than a duly authorized alleging that a proposed acquisition of IX. Preservation of Assets representative of the Executive Branch Outdoor Systems, Inc. (‘‘OSI’’) by CBS Until the divestitures required by the of the United States, except in the Corporation and Infinity Broadcasting Final Judgment have been course of legal proceedings to which the Corporation (collectively ‘‘CBS’’) would accomplished, Defendants shall take all plaintiff is a party (including grand jury violate Section 7 of the Clayton Act, 15 steps necessary to maintain and operate proceedings), or for the purpose of U.S.C. 18. The Complaint alleges that the Divestiture Assets in each of the securing compliance with this Final CBS and OSI compete head-to-head-to Three Metropolitan Areas, as active Judgment, or as otherwise required by sell outdoor advertising in three competitors; maintain the management, law. metropolitan areas: (1) The New York staffing, sales and marketing of the D. If at the time information or City Area; (2) The New Orleans, Divestiture Assets; and maintain the documents are furnished by the Louisiana Metropolitan Area; and (3)

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The Phoenix, Arizona Metropolitan specified areas within the divestiture After a newly formed and wholly owned Area, (collectively ‘‘the Three period, the Court, upon plaintiff’s subsidiary of Infinity is merged into Metropolitan Areas’’). Outdoor application, shall appoint a trustee to OIS, OSI shareholders will receive advertising companies sell out-of-home sell the displays. The proposed Final shares of Infinity valued at advertising display space to local and Judgment also requires that, until the approximately $6.5 billion. In addition, national customers. The out-of-home divestitures mandated by the proposed Infinity will assume debt obligation of advertising display business in the Final Judgment have been accomplished OSI valued at approximately $1.8 Three Metropolitan Areas is highly in the Three Metropolitan Areas, CBS billion, bringing the total transaction concentrated. CBS and OSI have a and OSI must preserve the out-of-home value to $8.3 billion. combined share of revenue ranging from advertising displays to be divested and CBS and OSI compete for the business about 60 percent to over 90 percent in take all steps necessary to maintain and of advertisers seeking to obtain out-of- the Three Metropolitan Areas. Unless operate them as active competitors. home advertising space in the Three the acquisition is blocked, competition Further, Section VI of the proposed Metropolitan Areas. The proposed would be substantially lessened in the Final Judgment requires CBS to give the acquisition of OSI by CBS would Three Metropolitan Areas, and United States prior notice regarding eliminate that competition in violation advertisers would pay higher prices. certain future out-of-home advertising of Section 7 of the Clayton Act. The prayer for relief seeks: (a) An display acquisitions or agreements C. The Relevant Markets and adjudication that the proposed pertaining to the sale of out-of-home Concentration transaction described in the Complaint advertising in the Three Metropolitan would violate Section 7 of the Clayton Areas. The Complaint alleges that the sale of Act: (b) Preliminary and permanent The plaintiff and the defendants have out-of-home advertising constitutes a injunctive relief preventing the stipulated that the proposed Final relevant product market and a line of consummation of the transaction; (c) An Judgment may be entered after commerce and that each of the Three Metropolitan Areas constitutes a award to the United States of the costs compliance with the APPA. Entry of the relevant geographic market and section of this action; and (d) Such other relief proposed Final Judgment would as is proper. of the country for antitrust purposes. terminate this action, except that the Advertisers select out-of-home Shortly before this suit was filed, a Court would retain, for a period of ten proposed settlement was reached that advertising based on a number of years, jurisdiction to construe, modify, factors, including the size of the target permits CBS to complete its acquisition or enforce the provisions of the of OSI, yet preserves competition in the audience (individuals most likely to proposed Final Judgment and to punish purchase the advertiser’s products or Three Metropolitan Areas where the violations thereof. transaction raises significant services), the vehicular and pedestrian competitive concerns. A Stipulation and II. The Alleged Violations traffic patterns of the audience, as well as other audience characteristics. Many proposed Final Judgment embodying A. The Defendants the settlement were filed along with the advertisers seek to reach a large Complaint. CBS, a major corporation engaged in percentage of their audience by The proposed Final Judgment orders numerous media businesses, including selecting out-of-home advertising forms, CBS to divest out-of-home advertising out-of-home advertising, is a like billboards, that appear on displays in each of the Three Pennsylvania corporation headquartered highways, roads and streets where Metropolitan Areas. In particular, CBS in New York, New York. CBS conducts vehicle and pedestrian traffic is high. must divest its business of selling its out-of-home advertising business This way, the advertisements will be advertising on buses in the New Orleans through TDI Worldwide, Inc. (‘‘TDI’’), a viewed frequently by the advertiser’s Metropolitan Area. In the Phoenix wholly owned subsidiary of CBS-owned target audience. Metropolitan Area, CBS is required to Infinity Broadcasting Corporation In some densely populated divest either its bus advertising business (‘‘Infinity’’). TDI sells out-of-home metropolitan areas, a significant number or out-of-home advertising displays that advertising in various markets of advertisers also select out-of-home generated the same amount of net throughout the United States, including advertising displayed within revenues. In the New York City Area, the Three Metropolitan Areas. metropolitan transit authority systems. CBS will divest a package of out-of- Infinity is a Delaware corporation This includes displays found on the home advertising displays, defined in headquartered in New York, New York. sides of buses and within subway Section II F(3) of the proposed Final Infinity owns and/or operates numerous systems. Advertisers select advertising Judgment, worth approximately $25.3 radio stations in major markets in the space within a transit system because of million. In addition, if, as of February 1, United States and conducts the sale of the large number of viewers who will 2000, CBS is deriving revenue from the out-of-home advertising through its routinely be exposed to the advertiser’s sale of advertising on subway displays subsidiary, TDI. message each day. Such viewers include and from bus shelters in the New York OSI is a Delaware corporation commuters who use the transit system, City Area, then CBS will divest, at its headquartered in Phoenix, Arizona. OSI as well as pedestrians and passengers in option, either the subway or the bus is the largest out-of-home advertising vehicles. shelter advertising business. company in North America, operating Out-of-home advertising has prices Unless the plaintiff grants an over 100,000 out-of-home advertising and characteristics that are distinct from extension of time, CBS must divest the display faces in approximately 90 other advertising media. It is out-of-home advertising displays within markets throughout the United States, particularly suitable for highly visual, one hundred fifty (150) days after the including in each of the Three limited-information advertising, because filing of the Complaint in this action or Metropolitan Areas. consumers are exposed to an out-of- within five (5) business days after notice home advertisement for only a brief B. Description of the Events Giving Rise of entry of the proposed Final Judgment, period of time. Out-of-home advertising to the Alleged Violations whichever is later. is typically less expensive and more If CBS does not divest the out-of- On May 17, 1999, CBS entered into an cost-efficient than other media at home advertising displays in the Agreement and Plan of Merger with OSI. reaching an advertiser’s target audience.

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Many advertisers who use out-of-home Index (‘‘HHI’’), explained in Exhibit A, III. Explanation of the Proposed Final advertising also advertise in other attached hereto, post-merger would be Judgment media, including radio, television, 3960, representing an increase of 1850 The proposed Final Judgment would newspapers and magazines, but use out- points. preserve existing competition in the sale of-home advertising when they want a In the New Orleans Metropolitan of out-of-home advertising in the Three large number of exposures to consumers Area, OSI and CBS are two of four major Metropolitan Areas. In the Phoenix and at a low cost per exposure. providers of out-of-home advertising. New Orleans Metropolitan Areas, CBS is For many advertising customers, out- Post-merger, CBS’s share of the out-of- required to divest assets equivalent to of-home advertising has particular home advertising market, based on all the out-of-home assets of one of the characteristics that make it an advertising revenues, would increase to merging parties, thus completely advertising medium for which there is over 90 percent and the approximate restoring the pre-merger industry no close substitute. Such customers post-merger HHI would be 3944, structure and resolving any competitive would not switch to another advertising representing an increase of 672 points. concerns. In the New York City Area, In the Phoenix Metropolitan Area, medium if out-of-home advertising CBS is required to divest a package of OSI and CBS are two of four major prices increased by a small but out-of-home advertising displays providers of out-of-home advertising. significant amount. generating approximately $25.3 million Geographically, out-of-home Post-merger, CBS’s share of the out-of- in revenue—the same amount of advertising is typically offered on a home advertising market, based on revenue OSI’s out-of-home advertising localized, market-by-market basis, rather advertising revenues, would increase to assets generated last year, with the than nationally or regionally. Much of over 75 percent. The approximate post- exception of the revenue earned by its the inventory (e.g., transit advertising merger HHI would be 5904, representing bus shelter and subway advertising contracts or leases for billboard space) is an increase of 568 points. operations. With respect to bus shelters obtained on a local basis through D. Harm to Competition as a Result of and subways, if CBS if offering both contracts between out-of-home the Merger kinds of advertising for sale as of advertising firms and municipal February 1, 2000, it is required to divest authorities or property owners. Firms In each of the Three Metropolitan one of those lines of business. The that sell out-of-home advertising set Areas, CBS and OSI compete head-to- objective of the divestiture is to ensure prices based on local market conditions head, and, for many local and/or that the purchaser of the divested assets and employ local sales forces. national advertisers buying certain types Similarly, many advertisers need to of out-of-home advertising, are each receives sufficient assets to compete reach consumers in a particular city or other’s closest competitor. During effectively in the market and replaces metropolitan area. For those advertisers, individual price negotiations, these the competitor lost as a result of the advertising that targets consumers in a advertisers are currently able to ensure merger of CBS/OSI. Out-of-home different area (or outside the city or competitive prices by obtaining rates advertising displays worth $25.3 metropolitan area) is not an adequate from both OSI and CBS and playing the million, along with potentially either substitute. Such advertisers may have rates of one off the rates of the other. the bus shelter or subway advertising their businesses located in that city or CBS’s acquisition of OSI will end this business, accomplishes this objective metropolitan area and therefore need to competition. After the acquisition, such and thereby effectively restores the pre- reach that area’s consumers. For many advertisers will be unable to reach their merger competitive situation in the New 1 advertisers who target consumers in desired audiences with equivalent York market. each of the Three Metropolitan Areas, efficiency without using CBS’s out-of- Unless plaintiff grants an extension of there are no reasonable substitutes for home advertising displays. Because time, the divestitures must be out-of-home advertising located within advertisers seeking to reach these completed within one hundred fifty each of the Three Metropolitan Areas. A audiences would have inferior (150) days after the filing of the small but significant increase in the alternatives to the merged entity as a Complaint in this matter or within five price of out-of-home advertising in each result of the acquisition, the acquisition (5) business days after notice of entry of of the Three Metropolitan Areas would would give CBS the ability to raise the proposed Final Judgment by the not cause these advertisers to turn to prices and reduce the quality of its Court, whichever is later. out-of-home advertising located outside service to advertisers in each of the Until the divestitures occur in all each area. Three Metropolitan Areas. Three Metropolitan Areas, defendants The Complaint alleges that CBS’s New entry into the out-of-home must maintain and operate the proposed acquisition of OSI would advertising market in response to a advertising displays as active lessen competition substantially in the small but significant price increase by competitors; maintain the management sale of out-of-home advertising in each the merged parties in any of these and staffing, sales and marketing of the of the Three Metropolitan Areas. The markets is unlikely to be timely and advertising assets; and maintain the proposed transaction would create sufficient to render the price increase assets to be divested in operable further market concentration in already unprofitable. condition. This requirement ensures highly concentrated markets, and CBS For all of these reasons, plaintiff that the advertising assets remain viable would control a substantial share of the concluded that the proposed transaction and can be used effectively by the out-of-home advertising revenues in would lessen competition substantially proposed purchasers. these markets. in the sale of out-of-home advertising in The divestitures must be made to a In the New York City Area, CBS and the Three Metropolitan Areas, eliminate purchaser or purchasers acceptable to OSI are the number one and number actual and potential competition the plaintiff in its sole discretion. two providers of out-of-home between CBS and OSI, and result in Unless plaintiff otherwise consents in advertising, respectively. After the increased prices and/or reduced quality writing, the divestitures shall include merger, CBS’s share of the out-of-home of services for out-of-home advertisers 1 As of February 1, 2000, CBS was engaged in the advertising market, based on advertising in each of the Three Metropolitan Areas, sale of advertising on bus shelters and subways in revenues, would exceed 60 percent. The all in violation of Section 7 of the the New York City Area and therefore must divest approximate Herfindahl-Hirschman Clayton Act. one of these businesses.

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14624 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices all the assets of the out-of-home likely anticompetitive effects of CBS’s jurisdiction over this action, and that advertising display business being proposed transaction with OSI in the the parties may apply to the Court for divested, and shall be accomplished in Three Metropolitan Areas. Nothing in any order necessary or appropriate for such a way as to satisfy plaintiff, in its the proposed Final Judgment is the modification, interpretation or sole discretion, that such assets can and intended to limit the plaintiff’s ability to enforcement of the Final Judgment. will be used as viable, ongoing investigate or bring actions, where VI. Alternatives to the Proposed Final commercial out-of-home advertising appropriate, challenging other past or Judgment businesses. In addition, the purchaser or future activities of the defendants in the purchasers must have the intent and Three Metropolitan Areas. Plaintiff considered, as an alternative capability of competing effectively in to the proposed Final judgment, a full IV. Remedies Available to Potential the sales of out-of-home advertising and trial on the merits of its compliant Private Litigants there must be no conditions restricting against defendants. Plaintiff is satisfied, competition in the terms of the sale. Section 4 of the Clayton Act, 15 however, that the divestiture and other These provisions are intended to ensure U.S.C. 15, provides that any person who relief contained in the proposed Final that the purchasers chosen by the has been injured as a result of conduct Judgment will preserve viable defendants (or the trustee) can prohibited by the antitrust laws may competition in the sale of out-of-home effectively replace competition that may bring suit in federal court to recover advertising display in the Three be lost due to the merger. three times the damages the person has Metropolitan Areas and will effectively If defendants fail to divest these out- suffered, as well as costs and reasonable prevent the anticompetitive effects that of-home advertising displays within the attorneys’ fees. Entry of the proposed would result from the proposed time periods specified in the proposed Final Judgment will neither impair nor acquisition. Final Judgment, the Court, upon assist the bring of any private antitrust VII. Standard of Review Under the plaintiff’s application, is to appoint a damage action. Under the provisions of APPA for Proposed Final Judgment trustee nominated by plaintiff to effect Section 5(a) of the Clayton Act, 15 the divestitures. If a trustee is U.S.C. 16(a), the proposed Final The APPA requires that proposed appointed, the proposed Final Judgment Judgment has no prima facie effect in consent judgments in antitrust cases provides that defendants will pay all any subsequent private lawsuit that may brought by the United States be subject costs and expenses of the trustee and be brought against defendants. to a sixty (60) day comment period, after any professionals and agents retained by which the Court shall determine V. Procedures Available for the trustee. After appointment, the whether entry of the proposed Final Modification of the Proposed Final trustee will file monthly reports with Judgment ‘‘ is in the public interest.’’ In Judgment the plaintiff, defendants and the Court, making that determination, the Court setting forth the trustee’s efforts to The plaintiff and the defendants have may consider accomplish the divestitures ordered stipulated that the proposed Final (1) The competitive impact of such under the proposed Final Judgment. If Judgment may be entered by the Court judgment, including termination of the trustee has not accomplished the after compliance with the provisions of alleged violations, provisions for divestitures within six (6) months after the APPA, provided that the plaintiff enforcement ad modification, duration its appointment, the trustee shall has not withdrawn its consent. The or relief sought, anticipated effects of promptly file with the Court a report APPA conditions entry upon the Court’s alternative remedies actually considered setting forth (1) the trustee’s efforts to determination that the proposed Final and any other considerations bearing accomplish the required divestitures, (2) Judgment is in the public interest. upon the adequacy of such judgment; the reasons, in the trustee’s judgment, The APPA provides a period of at (2) The impact of entry of such why the required divestitures have not least sixty (60) days preceding the judgment upon the public generally and been accomplished and (3) the trustee’s effective date of the proposed Final individuals alleging specific injury from recommendations. At the same time the Judgment within which any person may the violations set forth in the complaint trustee will furnish such report to the submit to the plaintiff written comments including consideration of the public plaintiff and defendants, who will each regarding the proposed Final Judgment. benefit, if any, to be derived from a have the right to be heard and to make Any person who wishes to comment determination of the issues at trial. 15 additional recommendations. should do so within sixty (60) days of U.S.C. § 16(e). Section VI of the proposed Final the date of publication of this As the United States Court of Appeals judgment requires CBS to provide at competitive Impact Statement in the for the D.C. Circuit held, this statute least thirty (30) days’ notice to the Federal Register. The plaintiff will permits a court to consider, among other Department of Justice before acquiring evaluate and respond to the comments. things, the relationship between the more than a de minimis interest in any All comments will be given due remedy secured and the specific assets of, or any interest in, another out- consideration by the plaintiff, which allegations set forth in the government’s of-home advertising display company in remains free to withdraw its consent to complaint, whether the decree is the Three Metropolitan Areas. Such the proposed Final Judgment at any sufficiently clear, whether enforcement acquisitions could raise competitive time prior to entry. The comments and mechanisms are sufficient and whether concerns, but might be too small to be the response of the plaintiff will be filed the decree may positively harm third reported otherwise under the Hart-Scott- with the Court and published in the parties. See United States v. Microsoft, Rodino premerger notification statute. Federal Register. 56 F.3d 1448, 1461–62 (D.C. Cir. 1995). Thus, this provision ensures that the Written comments should be The courts have recognized that the Department will receive notice of and be submitted to: Willie L. Hudgins, term ‘‘‘public interest’ take[s] meaning able to act, if appropriate, to stop any Assistant Chief, Litigation II, Antitrust from the purposes of the regulatory agreements that might have Division, United States Department of legislation.’’ NAACP v. Federal Power anticompetitive effects in the Three Justice, 1401 H Street, NW; Suite 3000, Comm’n, 425 U.S. 662,669 (1976). Since Metropolitan Areas. Washington, DC 20530. the purpose of the antitrust laws is to The relief in the proposed Final The proposed Final Judgment preserve ‘‘free and unfettered Judgment is intended to remedy the provides that the Court retains competition as the rule of trade,’’

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Northern Pacific Railway Co. v. United effectiveness of antitrust enforcement by fully address the competitive harm States, 356 U.S. 1, 4 (1958), the focus of consent decree. 3 posed by the proposed transaction. the ‘‘public interest’’ inquiry under the A proposed consent decree is an agreement VIII. Determination Documents APPA is whether the proposed Final between the parties which is reached after exhaustive negotiations and discussions. Judgment would serve the public There are no determinative materials Parties do not hastily and thoughtlessly or documents within the meaning of the interest in free and unfettered stipulate to a decree because, in doing so, competition. United States v. American they: APPA that were considered by the Cyanamid Co., 719 F.2d 558,565 (2d Cir. plaintiff in formulating the proposed waive their right to litigate the issues Final Judgment. 1983), cert. denied, 465 U.S. 1101 involved in the case and thus save (1984); United States v. Waste themselves the time, expense, and inevitable Dated: February 10, 2000. Management, Inc., 1985–2 Trade Cas. risk of litigation. Naturally, the agreement Respectfully submitted, ´ ¶ 66,651, at 63,046 (D.D.C. 1985). reached normally embodies a compromise; in Renee Eubanks, In conducting this inquiry,’’ [t]he exchange for the saving of cost and the U.S. Department of Justice, Antitrust Court is nowhere compelled to go to elimination of risk, the parties each give up Division, 1401 H Street, NW; Suite 4000, something they might have won had they Washington, DC 20530, (202) 307–0001. trail or to engage in extended proceeded with the litigation. proceedings which might have the effect Exhibit A.—Definition of HHI and United States Armour & Co., 402 U.S. of vitiating the benefits of prompt and Calculations for Market less costly settlement through the 673,681 (1971). consent decree process.’’ 2 Rather, The proposed Final Judgment, ‘‘HHI’’ means the Herfindahl- [a]bsent a showing of corrupt failure of the therefore, should not be reviewed under Hirschman Index, a commonly accepted government to discharge its duty, the Court, a standard of whether it is certain to measure of market concentration. It is in making its public interest finding, should eliminate every anticompetitive effect of calculated by squaring the market share * * * carefully consider the explanations of a particular practice or whether it of each firm competing in the market the government in the competitive impact mandates certainty of free competition and then summing the resulting statement and its responses to comments in in the future. Court approval of a numbers. For example, for a market order to determine whether those proposed final judgment requires a consisting of four firms with shares of explanations are reasonable under the standard more flexible and less strict thirty, thirty, twenty and twenty circumstances. then the standard required for a finding percent, the HHI is 2600 (302 + 302 + 2 2 United States v. Mid-American of liability. ‘‘[A] proposed decree must 20 + 20 =2600). The HHI takes into Dairymen, Inc., 1977–1 Trade Cas. be approved even if it falls short of the account the relative size and ¶ 61,508, at 71,980 (W.D. Mo. 1977). remedy the court would impose on its distribution of the firms in a market and own, as long as it falls within the range approaches zero when a market consists Accordingly, with respect to the of acceptability or is ‘within the reaches of a large number of firms of relatively adequacy of the relief secured by the of public interest’’.4 equal size. The HHI increases both as decree, a court may not ‘‘engage in an Moreover, the court’s role under the the number of firms in the market unrestricted evaluation of what relief Tunney Act is limited to reviewing the decreases and as the disparity in size would best serve the public.’’ United remedy in relationship to the violations between those firms increases. States v. BNS, Inc., 858 F.2d 456, 462 that the United States has alleged in its Markets in which the HHI is between (9th Cir. 1988), citing United States v. complaint, and does not authorize the 1000 and 1800 points are considered to Bechtel Corp., 648 F.2d 660,666 (9th court to ‘‘construct [its] own be moderately concentrated, and those Cir.), cert. denied, 454 U.S. 1083 (1981); hypothetical case and then evaluate the in which the HHI is in excess of 1800 see also Microsoft, 56 F.3d at 1460–62. decree against that case.’’ Microsoft, 56 points are considered to be Precedent requires that: F.3d at 1459. Since ‘‘[t]he court’s concentrated. Transactions that increase the balancing of competing social and authority to review the decree depends the HHI by more than 100 points in political interests affected by a proposed entirely on the government’s exercising concentrated markets presumptively antitrust consent decree must be left, in the its prosecutorial discretion by bringing raise antitrust concerns under the first instance, to the discretion of the a case in the first place,’’ it follows that Merger Guidelines. See Merger Attorney General. The court’s role in the court ‘‘is only authorized to review Guideline § 1.51. protecting the public interest is one of the insuring that the government has not the decree itself,’’ and not to ‘‘effectively Certificate of Service redraft the complaint’’ to inquire into ´ breached its duty to the public in consenting I, Renee Eubanks, hereby certify that, to the decree. The court is required to other matters that the United States determine not whether a particular decree is might have but did not pursue. Id. at on February 10, 2000, I caused the the one that will best serve society, but 1459–60. foregoing document to be served on whether the settlement is ‘within the reaches The relief obtained in this case is defendants CBS Corporation, Infinity of the public interest.’ More elaborate strong and effective relief that should Broadcasting Corporation and Outdoor requirements might undermine the Systems Inc., having a copy mailed, 3 Bechtel, 648 F.2d at 666 (citations omitted) first-class, postage prepaid, to: 2 (emphasis added); see BNS, 858 F.2d at 463; United 119 Cong. Rec. 24598 (1973). See United States Helene Jaffe, v. Gillette Co., 406 F. Supp. 713, 715 (D. Mass. States v. National Broadcasting Co., 449 F. Supp. 1975). A ‘‘public interest’’ determination can be 1127, 1143 (C.D. Cal. 1978); Gillette, 406 F. Supp. Weil, Gotshal & Manges LLP, 767 Fifth made properly on the basis of the Competitive at 716. See also Microsoft, 56 F.3d at 1461 (whether Avenue, New York, New York 10153, Counsel Impact Statement and Response to Comments filed ‘‘the remedies [obtained in the decree are] so for CBS Corporation and Infinity pursuant to the APPA. Although the APPA inconsonant with the allegations charged as to fall Broadcasting Corporation. authorizes the use of additional procedures, 15 outside of the ‘reaches of the public interest’’’) U.S.C. 16(f), those procedures are discretionary. A (citations omitted). Mitchell Raup, court need not invoke any of them unless it believes 4 United States v. American Tel. and Tel. Co., 552 Mayer, Brown & Platt, 1909 K Street, N.W., that the comments have raised significant issues F. Supp. 131, 151 (D.D.C. 1982), aff’d sub nom. Washington, D.C. 2006, Counsel for Outdoor and that further proceedings would aid the court in Maryland v. United States, 460 U.S. 1001 (1983), Systems, Inc. resolving those issues. See H.R. Rep. 93–1463, 93rd quoting Gillette, 406 F. Supp. at 716 (citations Cong. 2d Sess. 8–9 (1974), reprinted in U.S.C.C.A.N. omitted); United States v. Alcan Aluminum, Ltd., [FR Doc. 00–4593 Filed 3–16–00; 8:45 am] 6535, 6538. 605 F. Supp. 619, 622 (W.D. Ky. 1985). BILLING CODE 4410±11±M

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DEPARTMENT OF JUSTICE (5) An estimate of the total number of compromise the Government’s respondents and the amount of time negotiating objectives or bargaining Immigration and Naturalization Service estimated for an average respondent to positions. Accordingly, the meeting will respond: 250 responses at 15 minutes be closed to the public. Agency Information Collection (.25 hours) per response. FOR FURTHER INFORMATION CONTACT: Activities: Comment Request (6) An estimate of the total public Jorge Perez-Lopez, Director, Office of burden (in hours) associated with the ACTION: Notice of information collection International Economic Affairs. Phone: collection: 63 annual burden hours. (202) 219–7597. under review; report of complaint. If you have additional comments, Signed at Washington, DC this 6th day of The Department of Justice, suggestions, or need a copy of the proposed information collection March 2000. Immigration and Naturalization Service instrument with instructions, or Andrew James Samet, has submitted the following information additional information, please contact Deputy Under Secretary International Affairs. collection request for review and Richard A. Sloan 202–514–3291, [FR Doc. 00–6658 Filed 3–16–00; 8:45 am] clearance in accordance with the Director, Policy Directives and BILLING CODE 4510±23±M Paperwork Reduction Act of 1995. The Instructions Branch, Immigration and proposed information collection is Naturalization Service, U.S. Department published to obtain comments from of Justice, Room 5307, 425 I Street, NW., DEPARTMENT OF LABOR public and affected agencies. Comments Washington, DC 20536. Additionally, are encouraged and will be accepted for comments and/or suggestions regarding Employment and Training ‘‘sixty days’’ until May 16, 2000. the item(s) contained in this notice, Administration Written comments and suggestions especially regarding the estimated Notice of Determinations Regarding from the public and affected agencies public burden and associated response Eligibility To Apply for Worker concerning the proposed collection of time may also be directed to Mr. Adjustment Assistance and NAFTA information should address one or more Richard A. Sloan. of the following four points: If additional information is required Transitional Adjustment Assistance (1) Evaluate whether the proposed contact: Mr. Robert B. Briggs, Clearance In accordance with Section 223 of the collection of information is necessary Officer, United States Department of Trade Act of 1974, as amended, the for the proper performance of the Justice, Information Management and Department of Labor herein presents functions of the agency, including Security Staff, Justice Management summaries of determinations regarding whether the information will have Division, Suite 850, Washington Center, eligibility to apply for trade adjustment practical utility; 1001 G Street, NW., Washington, DC assistance for workers (TA–W) issued (2) Evaluate the accuracy of the 20530. during the period of February and agencies estimate of the burden of the Dated: March 13, 2000. March, 2000. proposed collection of information, In order for an affirmative including the validity of the methodogy Richard A. Sloan, Department Clearance Officer, United States determination to be made and a and assumptions used; certification of eligibility to apply for (3) Enhance the quality, utility, and Department of Justice, Immigration and Naturalization Service. worker adjustment assistance to be clarity of the information to be issued, each of the group eligibility collected; and [FR Doc. 00–6664 Filed 3–16–00; 8:45 am] BILLING CODE 4410±10±M requirements of Section 222 of the Act (4) Minimize the burden of the must be met. collection of information on those who (1) That a significant number of are to respond, including through the DEPARTMENT OF LABOR proportion of the workers in the use of appropriate automated, workers’ firm, or an appropriate electronic, mechanical, or other Labor Advisory Committee for Trade subdivision thereof, have become totally technological collection techniques or Negotiations and Trade Policy or partially separated, other forms of information technology, (2) That sales or production, or both, e.g., permitting electronic submission of Meeting Notice of the firm or subdivision have responses. Pursuant to the provisions of the decreased absolutely, and Overview of this information Federal Advisory Committee Act (P.L. (3) That increases of imports of collection: 92–463 as amended), notice is hereby articles like or directly competitive with (1) Type of Information Collection: given of a meeting of the Steering articles produced by the firm or Extension of a currently approved Subcommittee of the Labor Advisory appropriate subdivision have collection. Committee for Trade Negotiations and contributed importantly to the (2) Title of the Form/Collection: Trade Policy. separations, or threat thereof, and to the Report of Complaint. Date, time and place: March 29, 2000, absolute decline in sales or production. (3) Agency form number, if any, and 10:00 AM, U.S. Department of Labor, N– the applicable component of the 4437 B&C, 200 Constitution Ave., NW, Negative Determinations for Worker Department of Justice sponsoring the Washington, DC 20210. Adjustment Assistance collection: Form I–847. Border Patrol Purpose: The meeting will include a In each of the following cases the Division, Immigration and review and discussion of current issues investigation revealed that criterion (3) Naturalization. which influences U.S. trade policy. has not been met. A survey of customers (4) Affected public who will be asked Potential U.S. negotiating objectives and indicated that increased imports did not or required to respond, as well as a brief bargaining positions in current and contribute importantly to worker abstract: Primary: Individuals or anticipated trade negotiations will be separations at the firm. Households. This form is used to discussed. Pursuant to 19 U.S.C. 2155(f) TA–W–36,694; Weathervane Window, establish a record of complaint and to it has been determined that the meeting Inc., Brighton, MI initiate an investigation of misconduct will be concerned with matters the TA–W–37–216; AK Steel Corp., Dover by an officer of the INS. disclosure of which would seriously Operations, Dover, OH

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TA–W–37,169; Shepard Airtronics, Inc., WV, East Ohio Gas, Cleveland, OH, TA–W–35,631A & J; Burlington Passaic, NJ Virginia Natural Gas, Norfolk, VA, Industries, Mooresville Plant, TA–W–37,106; Oxford Automotive, CNG Producing Co., New Orleans, Mooresville, NC and Hillsville Argos, IN LA, Peoples Natural Gas Co., Plant, Hillsville, VA: January 29, TA–W–37,211; Masonite Corp., Pilot Pittsburgh, PA and CNG Corp., 1998. Rock, OR Pittsburgh, PA TA–W–37,083; Hempfield Foundries TA–W–37,142, A & B; Mitchell Energy TA–W–37,060; Liz Clairborne, North Co., Greensburg, PA: November 9, Corp., The Woodlands, TX Bergen, NJ 1998. Operating Throughout the State of TA–W–37,244; Motorola, Inc., Cellular TA–W–37,059; Allied Signal, Avionics TX and Ruston, LA, Mitchell Gas Infrastructure Group (CIG), and Lighting, Boyne City, MI: Service LP, The Woodlands, TX & Arlington Heights, IL October 27, 1998. Operating Throughout the State of TA–W–37,016; Deluxe Corp., Financial TA–W–37,195; Vinant Dress, Inc., TX and MND Service, Inc., The Service Div., Springfield, MA Jermyn, PA: December 10, 1998. Woodlands, TX TA–W–37,318; Grifel & Lebel, Inc., New TA–W–37,151; Hagale Industries, Inc., In the following cases, the York, NY Marshfield, MO: November 23, investigation revealed that the criteria TA–W–37,221; Weigh-Tronix, Inc., 1998. TA–W–37,163; White Swan—Meta, for eligibility have not been met for the Fairmont, MN Dawson Springs, KY: December 2, reasons specified. TA–W–37,250; BP Amoco Refinery, 1998. TA–W–37,102; Fisher-Price, Inc., Mattel Texas City, TX TA–W–37,002; Sparrow Blouse Co., TA–W–37,256; ABB Automation, Inc., Operations Group, East Aurora, NY Electronic & Systems Assembly TA–W–37,264; KTI Energy of Nazareth, PA TA–W–36,903 & A; UNIFI, Inc., Raeford Div., Williamsport, PA: December Martinsville, Inc., Martinsville, VA Plant, Raeford, NC and Sanford 28, 1998. TA–W–37,292; Deepwater Corrosion TA–W–37,272; Winpak Portion Services, Houston, TX Plant, Sanford, NC TA–W–35,631 & B, C, D, E, F, G, H, I, Packaging, Bristol, PA: January 7, TA–W–37,229; L.G.&E Natural Gathering 1999. & Processing, Hobbs, NM K, L, & M; Burlington Industries, Statesville Plant, Statesville, NC, TA–W–37,156; Ray-Ban Sun Optics, TA–W–37,249; Snap-On, Inc., Ottawa, IL Inc., San Antonio, TX: November TA–W–37,001; AMP, Inc., Harrisburg, J.C. Cowan Plant, Forest City, NC, Raeford Plant, Raeford, NC, Raeford 20, 1998. PA TA–W–37,160 & A,B,C; Dexter Shoe Co., Dying Plant, Raeford, NC, Oxford TA–W–37,316; Lower Umpqua Federal Dexter, ME, Milo, ME, Skowhegan, Plant, Oxford, NC, Burlington Credit Union, Reedsport, OR ME and Newport, ME: February 4, Tailored Fashions Div. Offices, TA–W–37,240; Chevron Products Co., 2000. Roosevelt, UT Greensboro, NC, Klopman Fabrics TA–W–37,199; Sulzer Pumps, Portland, TA–W–37,313; Pacificorp, Shareholder Div Office, Greensboro, NC, OR: December 7, 1998. Service & Investor Relations Dept, Bishopville Plant, Bishopville, SC, TA–W–37,178; VF Workwear, Inc., Portland, OR Johnson City Plant, Johnson City, Erwin, TN: November 30, 1998. TA–W–37,023; Cerplex, Corvallis, OR TN, Burlington Tailored Fashions, TA–W–37,138; Headwear USA, d/b/a, TA–W–37,080, & A; Pratt & Whitney, Clarksville, VA, Stonewall Cutting Identity Headwear, Pattonsburg, Pratt and Whitney Talon, Inc., Plant, Stonewall, MS, and MO: November 18, 1998. Rocky Hill, CT and Pratt & Whitney Burlington Tailored Fashions, New TA–W–37,186; Avdel Cherry Textron, Advance Refurbishment York, NY Inc., Parsippany, NJ: December 8, Operations, Inc., North Haven, CT Increased imports did not contribute 1998. TA–W–37,217; Penguin Putnam, Inc., importantly to worker separations at the TA–W–37,324 7 A; The Williamson Co., Book Warehouse, Newburn, TN firm. Fairfield, IL and Mt. Vernon, IL; The workers firm does not produce an TA–W–37,291; IMC Kalium, Carlsbad, January 26, 1999. TA–W–37,198; Sea Gull Lighting article as required for certification under NM Products, Inc., Philadelphia, PA: Section 222 of the Trade Act of 1974. TA–W– Kemmer Prazision, Janesville, WI December 6, 1998. TA–W–37,325; Serrot International, TA–W–37,132; Eileen Fisher, Inc., Galesburg, IL The investigation revealed that Irvington, NY: November 3, 1998. TA–W–36,984; Rheem Manufacturing criteria (2) and criteria (3) have not been TA–W–37,202 & A; Jockey International, Co., Air Conditioning Div., met. Sales or production did not decline Inc., Carlisle, KY and Mt. Sterling, Greenville, AL during the relevant period as required KY: November 29, 1998. TA–W–36,078; Unocal Corp., The for certification. Increases of imports of TA–W–37,210; Cooper-Standard Geysers, Cloverdale, CA articles like or directly competitive with Automotive, Gaylord, MI: December TA–W–37,082; OMC, Evinrude Plant, articles produced by the firm or an 9, 1999. Milwaukee, WI appropriate subdivision have not TA–W–37,052; Metric Products, Inc., TA–W–37,076; Appleton Paper, Inc, contributed importantly to the Culver City, CA: October 12, 1998. Newton Falls Mill, Newton Falls, separations or threat thereof, and the TA–W–37,191; Arctic Pipe Inspection, NY absolute decline in sales or production. Inc., Prudhoe Bay, AK: December TA–W–37,063; Kellogg Co., South Affirmative Determinations for Worker 14, 1998. Operations Plant, Battle Creek, MI TA–W–37,265; O’Bryan Brothers, Inc., Adjustment Assistance TA–W–37,131; Chevron Chemical Corp., Richland Center, WI: January 10, Orange, TX The following certifications have been 1999. TA–W–37,218; Bausch & Lomb, Contact issued; the date following the company TA–W–37,203; Braun Thermoscan, San Lenses Div., Rochester, NY name and location of each Diego, CA: December 10, 1998. TA–W–36,960 & A, B, C, D, E & F; CNG determination references the impact TA–W–36,993; Modern Manufacturing Transmission Corp., Clarksburg, date for all workers of such Co., Los Angeles, CA: October 12, WV, Hope Gas, Inc., Clarksburg, determination. 1998.

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TA–W–37,214 & A,B; Fox Point issued during the month of February NAFTA–TAA–03556; Appleton Paper, Sportswear, Inc., Merrill, WI, Bruce, and March, 2000. Inc., Newton Falls Mill, Newton WI, and Ironwood, MI: December In order for an affirmative Falls, NY 20, 1998. determination to be made and a NAFTA–TAA–03598; Phillips-Joanna, TA–W–37,162; Allen Telecom-Solon, certification of eligibility to apply for Ladd, IL Solon, OH: December 3, 1998. NAFTA–TAA the following group NAFTA–TAA–03530; Deluxe Corp., TA–W–37,232; Thomas Bradford Shirt eligibility requirements of Section 250 Financial Services Div., Springfield, Co., Huntington, TN: December 23, of the Trade Act must be met: MA 1998. (1) That a significant number or NAFTA–TAA–03547; Outboard Marine TA–W–37,172; Rossmor Industries, proportion of the workers in the Corp., Milwaukee, WI. NAFTA–TAA–03317; Weathervane Twinsburg, OH: November 19, workers’ firm, or an appropriate Window, Inc., Brighton, MI 1998. subdivision thereof, (including workers TA–W–37,170; International Service NAFTA–TAA–03508; Louisiana Pacific in any agricultural firm or appropriate Corp., Ketchikan Pulp Co., Group, Elizabeth, NJ: July 19, 1999. subdivision thereof) have become totally TA–W–37,104; F.N. Burt Co., Inc., Ketchiken Pulp Div., Ketchikan, AK or partially separated from employment NAFTA–TAA–03694; Noblesville Buffalo, NY: November 9, 1998. and either— Casting, Inc., Noblesville, IN TA–W–37,261; Ithaca Industries, (2) That sales or production, or both, NAFTA–TAA–03681; Smiley Container Glennville, GA: January 6, 1999. of such firm or subdivision have Plant, Russell Stover Candies, Inc., TA–W–37,278; Cheraw Dyeing & decreased absolutely, Poplar Bluff, MO Finishing, A. Div. of Piece Dye (3) That imports from Mexico or Acquisition Corp., Cheraw, SC: The investigation revealed that the Canada of articles like or directly criteria for eligibility have not been met January 11, 1999. competitive with articles produced by TA–W–37,090 & A; SAS’ SA Limited for the reasons specified. such firm or subdivision have increased, NAFTA–TAA–3680; Sause Bros./ Sylvester, GA and Baxley, GA: and that the increases in imports November 4, 1998. Southern Oegon Marine, Inc., Coos contributed importantly to such Bay, OR TA–W–36,847; Iron Horse Products, workers’ separations or threat of Inc., Port Huron, MI: September 2, NAFTA–TAA–03671; Southeast separation and to the decline in sales or Stevedoring Corp., Port of 1998. production of such firm or subdivision; TA–W–37,254; Sony Electronics, Inc., Metlakatla, AK or NAFTA–TAA–03529; Cerplex, Corvallis, Frackville, PA: January 6, 1999. (4) That there has been a shift in OR TA–W–37,026; Brunswick Bicycles, production by such workers’ firm or NAFTA–TAA–03670; PacifiCorp., Olney, IL: October 18, 1998. subdivision to Mexico or Canada of Shareholder Services and Investor TA–W–37,184; Yates Foil USA, articles like or directly competitive with Relations Dept., Portland, OR Bordentown, NJ: December 3, 1998. articles which are produced by the firm The investigation revealed that TA–W–37,277; Partlow West Co., New or subdivision. Hartford, NY: January 13, 1999. workers of the subject firm did not TA–W–36,977; Georgia Pacific Corp., Negative Determinations NAFTA–TAA produce an article within the meaning Superwood Div., Bemidji, MN: of Section 250(a) of the Trade Act, as In each of the following cases the amended. October 13, 1998. investigation revealed that criteria (3) TA–W–37,129 & A, B, C; The Boeing NAFTA–TAA–03708; Wheat Montana and (4) were not met. Imports from Farms, Bakery and Warehouse, Co., Commercial Airplace Group, Canada or Mexico did not contribute Puget Sound Region, WA, Spokane, Three Forks, MT importantly to workers’ separations. The investigation revealed that WA, Portland, OR and Wichita, KS: There was no shift in production from March 24, 1999. criteria (2) has not been met. Sales or the subject firm to Canada or Mexico production did not decline during the TA–W–37,161; Bailey Creation, York, during the relevant period. AL: November 30, 1998. relevant period as required for TA–W–37,046; Mobius, Inc., Eugene, NAFTA–TAA–03665; Cooper Industries, certification. OH: October 26, 1998. Cooper Lighting, Elk Grove Village, IL Affirmative Determinations NAFTA– TA–W–37,154; Phillips-Joanna, Ladd, TAA IL: November 23, 1998. NAFTA–TAA–03611; Headwear USA, TA–W–37,181; Trend Manufacturing, d/b/a Identity Headwear, NAFTA–TAA–03656; Bailey Creation, Parsons, KS: November 30, 1998. Pattonsburg, MO York, AL: November 30, 1998. NAFTA–TAA–03542; Mobius, Inc., TA–W–37,274; Fasco Motors, Eldon, NAFTA–TAA–03646; Sea Gull Lighting Eugene, OR: October 25, 1998. MO: January 4, 1999. Products, Inc., Philadelphia, PA NAFTA–TAA–03641; Thomas Bradford TA–W–37,290; Ochoco Lumber Co., d/b/ NAFTA–TAA–03669; Mineral Ridge Whirt Co., Huntingdon, TN: a Malheur Lumber Co., John Day, Resources, Inc., Silver Peak, NV NAFTA–TAA–03507; Oxford December 23, 1998. OR: January 10, 1999. NAFTA–TAA–03703; Humpty Dumpty Automotive, Argos, IN Also, pursuant to Title V of the North Potato Chips Co., Inc., Scarborough, American Free Trade Agreement NAFTA–TAA–03605; Kellogg Co., South ME: January 25, 1999. Implementation Act (Pub. L. 103–182) Operations Plant, Battle Creek, MI NAFTA–TAA–03636; Standard-Cooper concerning transitional adjustment NAFTA–TAA–03630; Allied Signal Automotive, Gaylord, MI: December assistance hereinafter called (NAFTA- Aerospace, Environmental Control 21, 1998. TAA) and in accordance with Section Systems Div., Ocala, FL NAFTA–TAA–03705; Thaw Corp., Snow 250(a), Subchapter D, Chapter 2, Title II, NAFTA–TAA–03587; Chevron Chemical Creek Div., Wenatchee, WA: of the Trade Act as amended, the Corp., Orange, TX January 28, 1999. Department of Labor presents NAFTA–TAA–03638; A,B; Fox Point NAFTA–TAA–03654; Porta Systems summaries of determinations regarding Sportswear, Inc., Merrill, WI, Bruce, Corp., North Hills Electronics, Glen eligibility to apply for NAFTA-TAA WI and Ironwood, MI Cove, NY: December 22, 1998.

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NAFTA–TAA–03517; Georgia Pacific (PRA95) (44 U.S.C. 3506(c)(2)(A)). This primarily used to monitor and to Corp., Superwood Div., Bemidji, program helps to ensure that requested measure the extent and effectiveness of MN: October 13, 1998. data can be provided in the desired Employment Service (ES) services to NAFTA–TAA–03575; Asarco, Inc., format, reporting burden (time and migrant and seasonal farm workers as a Leadville, CO: November 10, 1998. financial resources) is minimized, high priority target group for ES NAFTA–TAA–03446; Iron Horse collection instruments are clearly services. Productions, Inc., Port Huron, MI: understood, and the impact of collection II. Review Focus September 15, 1998. requirements on respondents can be NAFTA–TAA–03672; Miller properly assessed. Currently, the The Department of Labor is International, Inc., Rocky Mountain Employment and Training particularly interested in comments Clothing Co., Rocky Ford, Co: Administration (ETA) is soliciting which: January 14, 1999. comments concerning the proposed two • Evaluate whether the proposed NAFTA–TAA–03660; Sony Electronics, year extension of the Employment collection of information is necessary Inc., Frackville, PA: January 6, 1999 Service Complaint Referral Record, for the proper performance of the NAFTA–TAA–03725; Ochoco Lumber ETA–8429 and the Services to Migrant functions of the agency, including Co; d/b/a Malheur Lumber Co., John and Seasonal Farm Workers Report, whether the information will have Day, OR: February 8, 1999. ETA–5148 from the current end date of practical utility; NAFTA–TAA–03666; Otis Elevator Co., September 30, 2000 to a new end date • Evaluate the accuracy of the Bloomington, IN: January 7, 1999. of September 30, 2002. agency’s estimate of the burden of the NAFTA–TAA–03677; American Timber, A copy of the previously approved proposed collection of information, Olney, MT: January 14, 1999. information collection request (ICR) can including the validity of the NAFTA–TAA–03679; The Nordic be obtained by contacting the office methodology and assumptions used; Group, LLC, Hubbard, OR: January listed below in the ADDRESSES section of • Enhance the quality, utility, and 14, 1999. this notice. clarity of the information to be NAFTA–TAA–03698; The Nordic collected; and Group, LLC, Vancouver, WA: DATES: Written comments must be • submitted to the office listed in the Minimize the burden of the January 25, 1999. collection of information on those who NAFTA–TAA–03767; ISA Cutting Room ADDRESSES section below on or before May 16, 2000. are to respond, including through the Services, El Paso, TX: February 16, use of appropriate automated, ADDRESSES: Eric Johnson, Office of 1999. electronic, mechanical, or other Workforce Security, Office of Career I hereby certify that the technological collection techniques or Transition Assistance, 200 Constitution aforementioned determinations were other forms of information technology, Avenue NW., Room S–4321, issued during the month of February e.g., permitting electronic submissions Washington, DC 20210, (202–219– and March, 2000. Copies of these of responses. 0316—not a toll free number) and determinations were available for internet address: ejohnson@doleta gov III. Current Actions inspection in Room C–4318, U.S. and/or Fax: (202–219–8506). Department of Labor, 200 Constitution This is a request for OMB approval Avenue, NW., Washington, DC 20210 SUPPLEMENTARY INFORMATION: under the Paperwork Reduction Act of during normal business hours or will be I. Background. 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A) mailed to persons who write to the to extend collection of the Employment above address; As part of the settlement in the case Service Complaint Referral Record, of NAACP v. Secretary of Labor (Civil Dated: March 8, 2000. ETA–8429 and the Services to Migrant Action No. 2010–72, U.S.D.C.), the U.S. and Seasonal Farm Workers Report, Grant D. Beale, Department of Labor (DOL) negotiated ETA–5148 from a current end date of Program Manager, Division of Trade with the plaintiffs a series of regulations September 30, 2000 to a new end date Adjustment Assistance published June 10, 1980. Employment of September 30, 2002. [FR Doc. 00–6659 Filed 3–16–00; 8:45 am] and Training Administration (ETA) Type of Review: Extension without BILLING CODE 4510±30±M regulations at 20 CFR 651, 653 and 658 charge. under the Wagner-Peyser Act, as Agency: Employment and Training amended by the Workforce Investment Administration. DEPARTMENT OF LABOR Act of 1998, set forth the role and Title: Employment Service Complaint responsibilities of the United States Referral Record, ETA–8429, Services to Employment and Training Employment Service (USES) and the Administration Migrant and Seasonal Farm Workers State Employment Security Agencies Report, ETA–5148. Proposed Collection; Comment (SESAs) regarding compliance of said OMB Number: 1205–0039. Request regulations. Frequency: Quarterly and on In compliance with 20 CFR 653.109, occasion, respectively. ACTION: Notice. DOL establishing record keeping Affected Public: State governments. requirements to allow for the efficient Total Respondents: 208. SUMMARY: The Department of Labor, as and effective monitoring of SESAs Estimated Cost Per Respondent: No part of its continuing effort to reduce regulatory compliance. cost to respondent. paperwork and respondent burden The ETA Form 8429, Employment Estimated Burden Hours: 5530. conducts a pre-clearance consultation Service Complaint Referral Record, is program to provide the general public used to collect and document all Complaint Log Maintenance and Federal agencies with an individual complaints filed under the 1. Record keeping opportunity to comment on proposed Employment Service complaint system. Number of record-keepers 168 and/or continuing collections of The ETA Form 5148, Services to Annual hours per record-keeper 6.3 information in accordance with the Migrant and Seasonal Farm Workers Record-keepers Hours 1,059 Paperwork Reduction Act of 1995 Report, is used to collect data which are 2. Processing ETA 8429

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Annual number of forms 2,520 purposes of Executive Order 10582 is determined in these decisions shall, in Minutes per form 8 any area classified as a labor surplus accordance with the provisions of the Processing hours 327 area under Subpart A. Thus, labor foregoing statutes, constitute the Outreach Log surplus areas under Executive Order minimum wages payable on Federal and 12073 are also areas of substantial federally assisted construction projects 1. Record keeping unemployment under Executive Order to laborers and mechanics of the Number of record-keepers—150 10582. specified classes engaged on contract Annual hours per record-keeper—26 Record-keepers hours—3,900 The area listed below has been work of the character and in the 2. Data Collection/Reporting ETA—5148 classified by the Assistant Secretary as localities described therein. Annual number of reports—208 a labor surplus area pursuant to 20 CFR Good cause is hereby found for not Minutes per report—70 654.5(b) effective February 1, 2000. utilizing notice and public comment Record keeping hours—244 Signed at Washington, D.C. on January 31, procedure thereon prior to the issuance Comments submitted in response to 2000. of these determinations as prescribed in this comment request will be Raymond L. Bramucci, 5 U.S.C. 553 and not providing for delay summarized and/or included in the Assistant Secretary. in the effective date as prescribed in that request for Office of Management and section, because the necessity to issue Budget approval of the information ADDITION TO THE ANNUAL LIST OF current construction industry wage collection request; they will also LABOR SURPLUS AREAS determinations frequently and in large become a matter of public record. volume causes procedures to be [February 1, 2000] Dated: March 14, 2000. impractical and contrary to the public Grace A. Kilbane, interest. Labor surplus area Civil jurisdiction in- Administrator, Office of Workforce Security. cluded General wage determination [FR Doc. 00–6660 Filed 3–16–00; 8:45 am] decisions, and modifications and Illinois: DeWitt County DeWitt County. BILLING CODE 4510±30±M superseded decisions thereto, contain on expiration dates and are effective [FR Doc. 00–6657 Filed 3–16–00; 8:45 am] from their date of notice in the Federal DEPARTMENT OF LABOR BILLING CODE 4510±30±M Register, or on the date written notice is received by the agency, whichever is Employment and Training earlier. These decisions are to be used Administration DEPARTMENT OF LABOR in accordance with the provisions of 29 CFR part 1 and 5. Accordingly, the Employment Standards Labor Surplus Area Classifications applicable decision, together with any Administration, Wage and Hour Under Executive Orders 12073 and modifications issued, must be made a Division 10582; Notice of Addition to the Annual part of every contract for performance of List of Labor Surplus Areas Minimum Wages for Federal and the described work within the AGENCY: Employment and Training Federally Assisted Construction; geographic area indicated as required by Administration, Labor. General Wage Determination Decisions an applicable Federal prevailing wage ACTION: Notice. law and 29 CFR part 5. The wage rates General wage determination decisions and fringe benefits, notice of which is SUMMARY: The purpose of this notice is of the Secretary of Labor are issued in published herein, and which are to announce an addition to the annual accordance with applicable law and are contained in the Government Printing list of labor surplus ares. based on the information obtained by Office (GPO) document entitled DATES: This addition to the annual list the Department of Labor from its study ‘‘General Wage Determinations Issued of labor surplus areas is effective of local wage conditions and data made Under The Davis-Bacon And Related February 1, 2000. available from other sources. They Acts,’’ shall be the minimum paid by FOR FURTHER INFORMATION CONTACT: specify the basic hourly wage rates and contractors and subcontractors to William J. McGarrity, Labor Economist, fringe benefits which are determined to laborers and mechanics. USES, Employment and Training be prevailing for the described classes of Any person, organization, or Administration, 200 Constitution laborers and mechanics employed on governmental agency having an interest Avenue, NW., Room N–4464, Attention: construction projects of a similar in the rates determined as prevailing is TEESS, Washington, D.C. 20210. character and in the localities specified encouraged to submit wage rate and Telephone: 202–219–5185, ext. 129. therein. fringe benefit information for SUPPLEMENTARY INFORMATION: The The determinations in these decisions consideration by the Department. Department of Labor regulations of prevailing rates and fringe benefits Further information and self- implementing Executive Orders 12073 have been made in accordance with 29 explanatory forms for the purpose of and 10582 are set forth at 20 CFR Part CFR part 1, by authority of the Secretary submitting this data may be obtained by 654, Subparts A and B. Subpart A of Labor pursuant to the provisions of writing to the U.S. Department of Labor, requires the Assistant Secretary of Labor the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, to classify jurisdictions as labor surplus as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of areas pursuant to the criteria specified 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution in the regulations and to publish statutes referred to in 29 CFR part 1, Avenue, NW, Room S–3014, annually a list of labor surplus areas. appendix, as well as such additional Washington, DC 20210. Pursuant to those regulations the statutes as may from time to time be enacted containing provisions for the New General Wage Determination Assistant Secretary of Labor published Decision the annual list of labor surplus areas on payment of wages determined to be October 15, 1999 (64 FR 55969). prevailing by the Secretary of Labor in The number of the decisions added to Subpart B of Part 654 states that an accordance with the Davis-Bacon Act. the Government Printing Office entitled area of substantial unemployment for The prevailing rates and fringe benefits ‘‘General Wage Determinations Issued

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Under the Davis-Bacon and Related TX000034 (Feb. 11, 2000) Signed at Washington, DC this 9th day of Acts’’ are listed by Volume and States: TX000037 (Feb. 11, 2000) March, 2000. TX000060 (Feb. 11, 2000) Carl J. Poleskey, Volume V TX000061 (Feb. 11, 2000) Chief, Branch of Construction Wage TX000103 (Feb. 11, 2000) Texas Determinations. TX000104 (Feb. 11, 2000) TX000121 (Mar. 17, 2000) [FR Doc. 00–6251 Filed 3–16–00; 8:45 am] Volume VI BILLING CODE 4510±27±M Modifications to General Wage Colorado Determination Decisions CO000001 (Feb. 11, 2000) The number of decisions listed in the CO000005 (Feb. 11, 2000) NUCLEAR REGULATORY Government Printing Office document CO000006 (Feb. 11, 2000) COMMISSION entitled ‘‘General Wage Determinations CO000007 (Feb. 11, 2000) Issued Under the Davis-Bacon and CO000008 (Feb. 11, 2000) [Docket No. 50±302] CO000009 (Feb. 11, 2000) Related Acts’’ being modified are listed CO000014 (Feb. 11, 2000) Florida Power Corporation, Crystal by Volume and State. Dates of CO000016 (Feb. 11, 2000) River Unit 3; Notice of Consideration of publication in the Federal Register are CO000021 (Feb. 11, 2000) Approval of Application Regarding in parentheses following the decisions CO000022 (Feb. 11, 2000) Proposed Acquisition by CP&L being modified. CO000023 (Feb. 11, 2000) Holdings, Inc. of Florida Progress CO000024 (Feb. 11, 2000) Volume I CO000025 (Feb. 11, 2000) Corporation and Opportunity for a Hearing New Jersey Wyoming WY000009 (Feb. 11, 2000) NJ000007 (Feb. 11, 2000) The U.S. Nuclear Regulatory Volume II Volume VII Commission (the Commission) is Delaware California considering the issuance of an order DE000004 (Feb. 11, 2000) CA000029 (Feb. 11, 2000) under Title 10, Code of Federal DE000005 (Feb. 11, 2000) Nevada Regulations (10 CFR), Section 50.80, DE000009 (Feb. 11, 2000) NV000003 (Feb. 11, 2000) approving the indirect transfer of Pennsylvania General Wage Determination Facility Operating License No. DPR–72 PA000001 (Feb. 11, 2000) Publication for Crystal River Unit 3 (CR–3), to the PA000002 (Feb. 11, 2000) extent currently held by Florida Power PA000003 (Feb. 11, 2000) Corporation (FPC). The indirect transfer PA000004 (Feb. 11, 2000) General wage determinations issued PA000013 (Feb. 11, 2000) under the Davis-Bacon and related Acts, would be to a proposed new holding PA000017 (Feb. 11, 2000) including those noted above, may be company, Carolina Power and Light PA000018 (Feb. 11, 2000) found in the Government Printing Office (CP&L) Holdings, Inc. (Holdings). PA000020 (Feb. 11, 2000) (GPO) document entitled ‘‘General Wage According to an application for PA000032 (Feb. 11, 2000) Determinations Issued Under The Davis- approval filed by FPC dated January 31, PA000038 (Feb. 11, 2000) Bacon and Related Acts.’’ This 2000, FPC is requesting the consent of PA000041 (Feb. 11, 2000) publication is available at each of the 50 the Commission to the indirect transfer PA000042 (Feb. 11, 2000) Regional Government Depository of the CR–3 operating license that will PA000065 (Feb. 11, 2000) Libraries and many of the 1,400 occur under a proposed share exchange Volume III Government Depository Libraries across transaction between Florida Progress Florida the country. Corporation (Progress) and Holdings. FL000001 (Feb. 11, 2000) The general wage determinations Holdings is being formed by CP&L as Volume IV issued under the Davis-Bacon and part of an internal CP&L reorganization. related Acts are available electronically Upon consummating the share exchange Illinois transaction, where Holdings will IL000019 (Feb. 11, 2000) by subscription to the FedWorld Michigan Bulletin Board System of the National acquire all of the outstanding shares of MI000030 (Feb. 11, 2000) Technical Information Service (NTIS) of Progress, Progress will become a wholly MI000031 (Feb. 11, 2000) the U.S. Department of Commerce at 1– owned subsidiary of Holdings. FPC, MI000062 (Feb. 11, 2000) 800–363–2068. which owns a 91.7806 percent interest MI000073 (Feb. 11, 2000) in CR–3, and which will remain a MI000077 (Feb. 11, 2000) Hard-copy subscriptions may be wholly owned subsidiary of Progress, MI000083 (Feb. 11, 2000) purchased from: Superintendent of will become an indirect, wholly owned MI000084 (Feb. 11, 2000) Documents, U.S. Government Printing subsidiary of Holdings upon completion Volume V Office, Washington, DC 20402, (202) of the transaction. FPC will retain its 512–1800. Iowa existing ownership interest in CR–3, IA000015 (Feb. 11, 2000) When ordering hard-copy continue to hold the CR–3 operating IA000079 (Feb. 11, 2000) subscription(s), be sure to specify the license, and remain the licensed Kansas State(s) of interest, since subscriptions operator of CR–3 after the share KS000015 (Feb. 11, 2000) may be ordered for any or all of the exchange transaction. No direct transfer KS000018 (Feb. 11, 2000) seven separate volumes, arranged by of the license will occur. No physical KS000019 (Feb. 11, 2000) State. Subscriptions include an annual changes to the facility or operational KS000020 (Feb. 11, 2000) edition (issued in January or February) changes are being proposed in the KS000021 (Feb. 11, 2000) Texas which includes all current general wage application. TX000007 (Feb. 11, 2000) determinations for the States covered by Pursuant to 10 CFR 50.80, no license, TX000013 (Feb. 11, 2000) each volume. Throughout the remainder or any right thereunder, shall be TX000014 (Feb. 11, 2000) of the year, regular weekly updates are transferred, directly or indirectly, TX000033 (Feb. 11, 2000) distributed to subscribers. through transfer of control of the

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The Rulemakings and Adjudications Staff, in change Technical Specifications 3.3.2.1, Commission will approve an accordance with 10 CFR 2.1313. ‘‘Instrumentation—Engineered Safety application for the indirect transfer of a The Commission will issue a notice or Feature Actuation System license, if the Commission determines order granting or denying a hearing Instrumentation; ‘‘3.3.3.1, that the underlying transaction effecting request or intervention petition, ‘‘Instrumentation—Monitoring the indirect transfer will not affect the designating the issues for any hearing Instrumentation—Radiation qualifications of the holder of the that will be held and designating the Monitoring’’; 3.7.6.1, ‘‘Plant Systems— license, and that the transfer is Presiding Officer. A notice granting a Control Room Emergency Ventilation otherwise consistent with applicable hearing will be published in the Federal System;’’ 3.9.3.1, ‘‘Refueling provisions of law, regulations, and Register and served on the parties to the Operations—Decay Time’’; 3.9.4, orders issued by the Commission hearing. ‘‘Refueling Operations—Containment pursuant thereto. As an alternative to requests for Penetrations’’; 3.9.9, ‘‘Refueling The filing of requests for hearing and hearing and petitions to intervene, by Operations—Containment Radiation petitions for leave to intervene, and April 17, 2000, persons may submit Monitoring’’; 3.9.10, ‘‘Refueling written comments with regard to the written comments regarding the license Operations—Containment Purge Valve license transfer application, are transfer application, as provided for in Isolation System’’; 3.9.11, ‘‘Refueling discussed below. 10 CFR 2.1305. The Commission will Operations—Water Level—Reactor By April 6, 2000, any person whose consider and, if appropriate, respond to Vessel’’; 3.9.13, ‘‘Refueling Operations— interest may be affected by the these comments, but such comments Storage Pool Radiation Monitoring’’; Commission’s action on the application will not otherwise constitute part of the 3.9.14, ‘‘Refueling Operations—Storage may request a hearing, and, if not the decisional record. Comments should be Pool Area Ventilation System—Fuel applicants, may petition for leave to submitted to the Secretary, U.S. Nuclear Movement’’; 3.9.15, ‘‘Refueling intervene in a hearing proceeding on the Regulatory Commission, Washington, Operations—Storage Pool Area Commission’s action. Requests for a DC 20555–0001, Attention: Rulemakings Ventilation System—Fuel Storage’’; hearing and petitions for leave to and Adjudications Staff, and should cite 3.9.16.1, ‘‘Refueling Operations— intervene should be filed in accordance the publication date and page number of Shielded Cask’’; 3.9.16.2, ‘‘Refueling with the Commission’s rules of practice this Federal Register notice. Operations—Shielded Cask;’’ 3.9.17, set forth in Subpart M, ‘‘Public For further details with respect to this ‘‘Refueling Operations—Movement of Notification, Availability of Documents action, see the application dated January Fuel in Spent Fuel Pool’’; and 3.19.2, and Records, Hearing Requests and 31, 2000, available for public inspection ‘‘Refueling Operations—Spent Fuel Procedures for Hearings on License at the Commission’s Public Document Pool—Storage Pattern.’’ The Index pages Transfer Applications,’’ of 10 CFR Part Room, the Gelman Building, 2120 L and Bases for these Technical 2. In particular, such requests and Street, NW., Washington, DC, and Specifications will be modified to petitions must comply with the accessible electronically through the reflect these changes. In addition, the requirements set forth in 10 CFR 2.1306, ADAMS Public Electronic Reading changes will also be made to the Final and should address the considerations Room link at the NRC Web site (http:/ Safety Analysis Report to reflect the contained in 10 CFR 2.1308(a). /www.nrc.gov). revised fuel handling and cask drop Untimely requests and petitions may be accident analysis. denied, as provided in 10 CFR Dated at Rockville, Maryland this 7th day Before issuance of the proposed 2.1308(b), unless good cause for failure of March 2000. license amendment, the Commission to file on time is established. In For the Nuclear Regulatory Commission. will have made findings required by the addition, an untimely request or L.A. Wiens, Atomic Energy Act of 1954, as amended petition should address the factors that Senior Project Manager, Section 2, Project (the Act) and the Commission’s the Commission will also consider, in Directorate II, Division of Licensing Project regulations. reviewing untimely requests or Management, Office of Nuclear Reactor By April 17, 2000, the licensee may petitions, set forth in 10 CFR Regulation. file a request for a hearing with respect 2.1308(b)(1)–(2). [FR Doc. 00–6632 Filed 3–16–00; 8:45 am] to issuance of the amendment to the Requests for a hearing and petitions BILLING CODE 7590±01±P subject facility operating license and for leave to intervene should be served any person whose interest may be upon R. Alexander Glenn, Director, affected by this proceeding and who Regulatory Counsel Group (MAC– NUCLEAR REGULATORY wishes to participate as a party in the BT15A), Florida Power Corporation, COMMISSION proceeding must file a written request P.O. Box 14042, St. Petersburg, Florida for a hearing and a petition for leave to [Docket No. 50±336] 33733–4042, Voice (727) 820–5587, intervene. Requests for a hearing and a FAX (727) 820–5519, and e-mail Northeast Nuclear Energy Company; petition for leave to intervene shall be [email protected]; Steven Carr, Notice of Consideration of Issuance of filed in accordance with the Associate General Counsel, Legal Amendment to Facility Operating Commission’s ‘‘Rules of Practice for Department, Carolina Power & Light License and Opportunity for a Hearing Domestic Licensing Proceedings’’ in 10 Company, P.O. Box 1551, Raleigh, North CFR Part 2. Interested persons should Carolina 27602–1551, Voice (919) 546– The U.S. Nuclear Regulatory consult a current copy of 10 CFR 2.714 4161, Fax (919) 546–3805, and e-mail Commission (the Commission) is which is available at the Commission’s [email protected]; the General considering issuance of an amendment Public Document Room, the Gelman Counsel, U.S. Nuclear Regulatory to Facility Operating License No. DPR– Building, 2120 L Street, NW., Commission, Washington, DC 20555, e- 65, issued to Northeast Nuclear Energy Washington, DC, and accessible mail address for license transfer cases Company (NNECO/the licensee), for electronically through the ADAMS only: [email protected]; and the operation of the Millstone Nuclear Public Electronic Reading Room link at Secretary of the Commission, U.S. Power Station, Unit No. 2, located in the NRC Web site (http://www.nrc.gov). Nuclear Regulatory Commission, New London County, Connecticut. If a request for a hearing or petition for

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[FR Doc. 00–6633 Filed 3–16–00; 8:45 am] and/or petition; and the Secretary or the Those permitted to intervene become designated Atomic Safety and Licensing parties to the proceeding, subject to any BILLING CODE 7590±01±P Board will issue a notice of hearing or limitations in the order granting leave to an appropriate order. As required by 10 CFR 2.714, a intervene, and have the opportunity to NUCLEAR REGULATORY petition for leave to intervene shall set participate fully in the conduct of the COMMISSION hearing, including the opportunity to forth with particularity the interest of [Docket Nos. 50±266 and 50±301] the petitioner in the proceeding, and present evidence and cross-examine how that interest may be affected by the witnesses. Wisconsin Electric Power Company, results of the proceeding. The petition A request for a hearing or a petition Point Beach Nuclear Plant, Units 1 and should specifically explain the reasons for leave to intervene must be filed with 2; Notice of Withdrawal of Application why intervention should be permitted the Secretary of the Commission, U.S. for Amendment to Facility Operating with particular reference to the Nuclear Regulatory Commission, Licenses following factors: (1) The nature of the Washington, DC 20555-0001, Attention: petitioner’s right under the Act to be Rulemakings and Adjudications Staff, or The U.S. Nuclear Regulatory made a party to the proceeding; (2) the may be delivered to the Commission’s Commission (the Commission) has nature and extent of the petitioner’s Public Document Room, the Gelman granted the request of Wisconsin Electric Power Company (the licensee) property, financial, or other interest in Building, 2120 L Street, NW., to withdraw its July 30, 1998, the proceeding; and (3) the possible Washington, DC, by the above date. A application for proposed amendments to effect of any order which may be copy of the petition should also be sent Facility Operating License Nos. DPR–24 entered in the proceeding on the to the Office of the General Counsel, and DPR–27 for the Point Beach Nuclear petitioner’s interest. The petition should U.S. Nuclear Regulatory Commission, Plant, Units 1 and 2, located in Two also identify the specific aspect(s) of the Washington, DC 20555–0001, and to subject matter of the proceeding as to Rivers, Wisconsin. Lillian M. Cucco, Esq., Senior Nuclear The proposed amendment would which petitioner wishes to intervene. Counsel, Northeast Utilities Service Any person who has filed a petition for have revised the Technical Company, P.O. Box 270, Hartford, CT Specifications to more clearly define the leave to intervene or who has been 06141–0270, attorney for the licensee. admitted as a party may amend the requirements for service water system petition without requesting leave of the Nontimely filings of petitions for operability. Board up to 15 days prior to the first leave to intervene, amended petitions, The Commission had previously prehearing conference scheduled in the supplemental petitions and/or requests issued a Notice of Consideration of proceeding, but such an amended for hearing will not be entertained Issuance of Amendment published in petition must satisfy the specificity absent a determination by the the Federal Register on December 30, requirements described above. Commission, the presiding officer or the 1998 (63 FR 71976). However, by letter Not later than 15 days prior to the first presiding Atomic Safety and Licensing dated December 21, 1999, the licensee prehearing conference scheduled in the Board that the petition and/or request withdrew the proposed change and proceeding, a petitioner shall file a should be granted based upon a submitted a new amendment request, supplement to the petition to intervene balancing of the factors specified in 10 which superceded the July 30, 1998, which must include a list of the CFR 2.714(a)(1)(i)–(v) and 2.714(d). request. contentions which are sought to be If a request for a hearing is received, For further details with respect to this litigated in the matter. Each contention the Commission’s staff may issue the action, see the application for must consist of a specific statement of amendment after it completes its amendment dated July 30, 1998, and the the issue of law or fact to be raised or technical review and prior to the licensee’s letter dated December 21, controverted. In addition, the petitioner completion of any required hearing if it 1999, which withdrew the application shall provide a brief explanation of the publishes a further notice for public for license amendment. The above bases of the contention and a concise comment of its proposed finding of no documents are available for public statement of the alleged facts or expert significant hazards consideration in inspection at the Commission’s Public opinion which support the contention accordance with 10 CFR 50.91 and Document Room, the Gelman Building, and on which the petitioner intends to 50.92. 2120 L Street, NW., Washington, DC, rely in proving the contention at the and accessible electronically through For further details with respect to this hearing. The petitioner must also the ADAMS Public Electronic Reading action, see the application for provide references to those specific Room link at the NRC Web site (http:/ sources and documents of which the amendment dated December 14, 1999, /www.nrc.gov). petitioner is aware and on which the which is available for public inspection at the Commission’s Public Document Dated at Rockville, Maryland, this 13th day petitioner intends to rely to establish of March 2000. those facts or expert opinion. Petitioner Room, the Gelman Building, 2120 L For the Nuclear Regulatory Commission. must provide sufficient information to Street, NW., Washington, DC, and Beth A. Wetzel, accessible electronically through the show that a genuine dispute exists with Senior Project Manager, Section 1, Project the applicant on a material issue of law ADAMS Public Electronic Reading Directorate III, Division of Licensing Project or fact. Contentions shall be limited to Room link at the NRC Web site (http:/ Management, Office of Nuclear Reactor matters within the scope of the /www.nrc.gov). Regulation. amendment under consideration. The Dated at Rockville, Maryland, this 7th day [FR Doc. 00–6631 Filed 3–16–00; 8:45 am] contention must be one which, if of March 2000. BILLING CODE 7590±01±P

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NUCLEAR REGULATORY technical study associated with the Inspection Team, which investigated the COMMISSION spent fuel pool accident risk for reactor trip and partial loss of AC power decommissioning plants, public event that occurred at Indian Point Unit Advisory Committee on Nuclear Waste comments received on the proposed 2 on August 31, 1999. Revised report, and the staff’s resolution of 11:15 A.M.–11:45 A.M.: Reports of the public comments. Materials and Metallurgy and Thermal- The agenda for the 118th meeting of 10:45 A.M.–12:15 P.M.: Proposed Hydraulic Phenomena Subcommittees the Advisory Committee on Nuclear Research Plan for Digital (Open)—The Committee will hear Waste (ACNW) scheduled to be held on Instrumentation and Control (Open)— reports by the Chairmen of the ACRS March 27–29, 2000, in Room T–2B3, The Committee will hear presentations Subcommittees on Materials and 11545 Rockville Pike, Rockville, by and hold discussions with Metallurgy and on Thermal-Hydraulic Maryland, has been revised to include a representatives of the NRC staff Phenomena regarding the status of discussion on: Uranium Plume regarding the proposed research plan for activities associated with the Attenuation—Representatives from the digital instrumentation and control. development of a revised Pressurized NRC Office of Research will present 1:15 P.M.–2:45 P.M.: Proposed White Thermal Shock Screening Criterion. results from a historical case analysis of Paper on Development of Risk-Based 1 P.M.–1:15 P.M.: Future ACRS the transport of uranium. Mechanisms Performance Indicators (Open)—The Activities (Open)—The Committee will controlling retardation of radionuclides Committee will hear presentations by discuss the recommendations of the by common soil minerals will be and hold discussions with Planning and Procedures Subcommittee presented. The discussion of the DOE- representatives of the NRC staff regarding items proposed for NRC technical exchange on the regarding the proposed white paper on consideration by the full Committee resolution of key technical issues (on development of risk-based performance during future meetings. March 28) has been canceled. indicators. 1:15 P.M.–1:45 P.M.: Report of the All other items pertaining to this 3 P.M.–4 P.M.: Human Performance Planning and Procedures Subcommittee meeting remain the same as published Program (Open)—The Committee will (Open)—The Committee will hear a in the Federal Register on Thursday, hear presentations by and hold report of the Planning and Procedures March 9, 2000 (65 FR 12595). discussions with representatives of the Subcommittee on matters related to the For further information contact: Mr. NRC staff regarding the revised version conduct of ACRS business. Richard K. Major, Special Assistant, of the human performance program. 1:45 P.M.–2 P.M.: Reconciliation of ACNW (Telephone 301/415–7366), 4 P.M.–5 P.M.: Break and Preparation ACRS Comments and between 8 a.m. and 5 p.m. EST. of Draft ACRS Reports (Open)— Recommendations (Open)—The Dated: March 13, 2000. Cognizant ACRS members will prepare Committee will discuss the responses Andrew L. Bates, draft reports for consideration by the from the NRC Executive Director for Advisory Committee Management Officer. full Committee. Operations (EDO) to comments and 5 P.M.–7 P.M. : Discussion of [FR Doc. 00–6635 Filed 3–16–00; 8:45 am] recommendations included in recent Proposed ACRS Reports (Open)—The ACRS reports and letters. The EDO BILLING CODE 7590±01±U Committee will discuss a proposed responses are expected to be made ACRS report on matters considered available to the Committee prior to the NUCLEAR REGULATORY during this meeting. In addition, the meeting. COMMISSION Committee will discuss a proposed 2 P.M.–3 P.M.: Break and Preparation ACRS report on the revision of the of Draft ACRS Reports (Open)— Advisory Committee on Reactor Commission’s Safety Goal Policy Cognizant ACRS members will prepare Safeguards; Meeting Notice Statement for Reactors as well as an draft reports for consideration by the ACRS/ACNW joint report on Defense- full Committee. In accordance with the purposes of in-Depth in a Risk-Informed Regulatory 3 P.M.–7 P.M.: Discussion of Proposed Sections 29 and 182b. of the Atomic Process. ACRS Reports (Open)—The Committee Energy Act (42 U.S.C. 2039, 2232b), the will discuss proposed ACRS reports. Advisory Committee on Reactor Thursday, April 6, 2000 Safeguards will hold a meeting on April 8:30 A.M.–8:35 A.M.: Opening Friday, April 7, 2000 5–7, 2000, in Conference Room T–2B3, Remarks by the ACRS Chairman 8:30 A.M.–2 P.M.: Discussion of 11545 Rockville Pike, Rockville, (Open)—The ACRS Chairman will make Proposed ACRS Reports (Open)—The Maryland. The date of this meeting was opening remarks regarding the conduct Committee will continue its discussion previously published in the Federal of the meeting. of proposed ACRS reports. Register on Thursday, October 14, 1999 8:35 A.M.–9:45 A.M.: Special Studies 2 P.M.–2:30 P.M.: Miscellaneous (64 FR 55787). for Risk-Based Analysis of Reactor (Open)—The Committee will discuss Operating Experience (Open)—The matters related to the conduct of Wednesday, April 5, 2000 Committee will hear presentations by Committee activities and matters and 8:30 A.M.–8:35 A.M.: Opening and hold discussions with specific issues that were not completed Remarks by the ACRS Chairman representatives of the NRC staff during previous meetings, as time and (Open)—The ACRS Chairman will make regarding special studies of the staff availability of information permit. opening remarks regarding the conduct associated with the risk-based analysis Procedures for the conduct of and of the meeting. of reactor operating experience. participation in ACRS meetings were 8:35 A.M.–10:30 A.M.: Spent Fuel 10 A.M.–11:15 A.M.: Operating Event published in the Federal Register on Pool Accident Risk for at Indian Point Unit 2 (Open)—The September 28, 1999 (64 FR 52353). In Decommissioning Plants (Open)—The Committee will hear presentations by accordance with these procedures, oral Committee will hear presentations by and hold discussions with or written views may be presented by and hold discussions with representatives of the NRC staff members of the public, including representatives of the NRC staff regarding the findings and representatives of the nuclear industry. regarding the proposed final report of a recommendations of the Augmented Electronic recordings will be permitted

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14635 only during the open portions of the OFFICE OF PERSONNEL from Federal law enforcement agencies, meeting and questions may be asked MANAGEMENT Department of Defense and internal only by members of the Committee, its inquiries; dates and levels of clearances; consultants, and staff. Persons desiring Privacy Act of 1974; Amendment to a names of agencies and the reasons why to make oral statements should notify System of Records they were provided clearance information on OPM employees and Mr. Sam Duraiswamy, ACRS, five days AGENCY: Office of Personnel contractors. before the meeting, if possible, so that Management (OPM). appropriate arrangements can be made ACTION: Notice to amend a system of AUTHORITY FOR MAINTENANCE OF THE SYSTEM to allow necessary time during the records. INCLUDES THE FOLLOWING WITH ANY REVISIONS meeting for such statements. Use of still, OR AMENDMENTS: motion picture, and television cameras SUMMARY: OPM proposes to amend a Executive Orders 10450 and 12958. during this meeting may be limited to system of records in its inventory of selected portions of the meeting as record systems subject to the Privacy PURPOSE: determined by the Chairman. Act of 1974 (5 U.S.C. 552a), as amended. These records are used exclusively by Information regarding the time to be set This notice is required under the OPM Security Officers and the aside for this purpose may be obtained Privacy Act whenever an agency employees of other security offices to by contacting Mr. Sam Duraiswamy establishes or revises one of its systems assist them in controlling position prior to the meeting. In view of the of records (5 U.S.C. 552a(e)(4)). sensitivity and personnel clearances. possibility that the schedule for ACRS DATES: This amendment will be ROUTINE USES OF RECORDS MAINTAINED IN THE meetings may be adjusted by the effective without further notice April SYSTEM, INCLUDING CATEGORIES OF USERS AND Chairman as necessary to facilitate the 26, 2000, unless comments are received THE PURPOSES OF SUCH USES: conduct of the meeting, persons that result in any changes. Routine uses 1, 3, 5 and 6, of the planning to attend should check with ADDRESSES: Send written comments to Prefatory Statement at the beginning of Mr. Sam Duraiswamy if such Mary Beth Smith-Toomey, Office of the OPM’s system notices (60 FR 63075, rescheduling would result in major Chief Information Officer, Office of effective January 17, 1996) apply to the inconvenience. Personnel Management, 1900 E Street records maintained within the system. NW., Room 5415, Washington, DC The routine uses listed below are Further information regarding topics 20415–7900. specific to this system of records only. to be discussed, whether the meeting FOR FURTHER INFORMATION CONTACT: a. To disclose information to an has been canceled or rescheduled, the Mary Beth Smith-Toomey, (202) 606– agency in the executive, legislative, or Chairman’s ruling on requests for the 8358. judicial branch, or the District of opportunity to present oral statements Columbia Government, in response to SUPPLEMENTARY INFORMATION: This and the time allotted therefor, can be its request related to issuing a security obtained by contacting Mr. Sam notice updates OPM/Internal-3, Security Officer Control Files, by adding a clearance or conducting a security or Duraiswamy (telephone 301/415–7364), suitability investigation of an between 7:30 a.m. and 4:15 p.m., EST. database tracking system for investigative reports. This tracking individual. Only information that is ACRS meeting agenda, meeting system will provide data on pending relevant and necessary to the requesting transcripts, and letter reports are and completed schedules, types of agency’s decision on the matter will be available for downloading or viewing on investigations, position sensitivity released. b. To verify a security clearance in the internet at http://www.nrc.gov/ levels, clearances granted and issues response to an inquiry from a security ACRSACNW. developed. office of an agency in the executive Videoteleconferencing service is U.S. Office of Personnel Management. legislative, or judicial branch, or the available for observing open sessions of Janice R. Lachance District of Columbia Government. Also, ACRS meetings. Those wishing to use Director. to provide OPM employees and this service for observing ACRS contractors access to classified data or OPM/INTERNAL±3 meetings should contact Mr. Theron areas, when their official duties require Brown, ACRS Audio Visual Technician SYSTEM NAME: such access. (301–415–8066), between 7:30 a.m. and Security Officer Control Files 3:45 p.m., EST, at least 10 days before POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND SYSTEM LOCATION: the meeting to ensure the availability of DISPOSING OF RECORDS IN THE SYSTEM: this service. Individuals or U.S. Office of Personnel Management, organizations requesting this service Office of Contracting and STORAGE: will be responsible for telephone line Administrative Services, 1900 E Street These records are maintained in file charges and for providing the NW., Washington, DC 20415–7100 folders and in an automated data base. equipment facilities that they use to CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVABILITY: establish the videoteleconferencing link. SYSTEM: These records are retrieved by name, The availability of This system contains records on social security number, and date of birth videoteleconferencing services is not active, inactive and pending OPM of the individual on whom they are guaranteed. employees and contractors. maintained. Dated: March 13, 2000. CATEGORIES OF RECORDS IN THE SYSTEM: SAFEGUARDS: Andrew L. Bates, The records in the system contain The disks and file folders are stored Advisory Committee Management Officer. date of birth; social security number; in fire-resistant safes contained within a [FR Doc. 00–6634 Filed 3–16–00; 8:45 am] classification as to position sensitivity; secured area, in lockable metal file BILLING CODE 7590±01±P types and dates of investigations; cabinets, or in secured rooms. The file investigative reports, including those folders do not leave the Security Office.

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RETENTION AND DISPOSAL: b. OPM’s investigative files Exchange Commission (‘‘Commission’’), The Security Office automated data maintained by Investigations Service. pursuant to Section 12(d) of the files are retained for five years after the c. Employment information Securities Exchange Act of 1934 individual leaves OPM. After five years maintained by OPM’s Director of (‘‘Act’’) 1 and Rule 12d2–2(d 2 the files are erased. The security folders Personnel or regional personnel offices. thereunder, to withdraw the security are destroyed 90 days after the d. OPM Officials. described above (‘‘Security’’) from employee leave or contractor stop e. Federal law enforcement agencies, listing and registration on the American working for OPM. Department of Defense, and through Stock Exchange LLC (‘‘Amex’’). external and internal inquiries. SYSTEM MANAGER(S) AND ADDRESS: The Security has been listed and Facility Services Division, Security [FR Doc. 00–6627 Filed 3–16–00; 8:45 am] registered on the Amex pursuant to Office, Office of Contracting and BILLING CODE 6325±01±P Section 12(b) 3 of the Act. On March 3, Administrative Services, Office of 2000, the Company Filed a Registration Personnel Management, 1900 E Street State on Form 8–A with the NW., Washington, DC 20415–7100. RAILROAD RETIREMENT BOARD Commission pursuant to Section 12(g) of the Act,4 and on March 6, 2000, the NOTIFICATION PROCEDURE Determination of Quarterly Rate of : Security became designated for Excise Tax for Railroad Retirement Individuals wishing to determine quotation and began trading as a Supplemental Annuity Program whether this system of records contains National Market Security on the Nasdaq information about them should contact In accordance with directions in Stock Market, Inc. (‘‘Nasdaq’’). The the system manager indicated. section 3221(c) of the Railroad Company believes it will be able to Individuals must furnish the following Retirement Tax Act (26 U.S.C. 3221(c)), achieve better exposure and a more for their records to be located and the Railroad Retirement Board has liquid market for its Security on the identified: determined that the excise tax imposed Nasdaq. a. Full name. by such section 3221 (c) on every The Company has stated that it has b. Date of birth. employer, with respect to having c. Social security number. complied with the Rules of the Amex individuals in his employ, for each Record Access Procedures: governing the withdrawal of its Security work-hour for which compensation is Individuals wishing to request access to from listing and registration on the paid by such employer for services records about them should contact the Amex and that the Amex in turn has rendered to him during the quarter system manager indicated. Individuals indicated that it will not oppose such beginning April 1, 2000, shall be at the must furnish the following for their withdrawal. rate of 261⁄2 cents. records to be located and identified. In accordance with directions in The Company’s application relates a. Full name. solely to the withdrawal of the Security b. Date of birth. section 15(a) of the Railroad Retirement c. Social security number. Act of 1974, the Railroad Retirement from listing and registration on the An individual requesting access must Board has determined that for the Amex and shall have no effect upon the also follow the OPM’s Privacy Act quarter beginning April 1, 2000, 37.2 Security’s continued designation for regulations regarding verification of percent of the taxes collected under quotation and trading on the Nasdaq. By 5 identity and access to records (5 CFR sections 3211(b) and 3221(c) of the reason of Section 12(g) of the Act and part 297). Railroad Retirement Tax Act shall be the rules and regulations of the credited to the Railroad Retirement Note: Individuals must request access to Commission thereunder, the Company background investigations through the Account and 62.8 percent of the taxes shall continue to be obligated to file Privacy Act regulations of the agency for collected under such sections 3211(b) reports with the Commission required which the investigation was conducted. and 3221(c) plus 100 percent of the by Section 13 of the Act.6 Requests for background investigations taxes collected under section 3221(d) of Any interested person may, on or maintained in the Security Office file will be the Railroad Retirement Tax Act shall be before March 31, 2000, submit by letter denied. credited to the Railroad Retirement to the Secretary of the Securities and Supplemental Account. CONTESTING RECORD PROCEDURES: Exchange Commission, 450 Fifth Street, Individuals wishing to request Dated: March 1, 2000. N.W., Washington, D.C. 20549–0609, amendment of their records should By authority of the Board. facts bearing upon whether the contact the system manager indicated. Beatrice Ezerski, application has been made in Individuals must furnish the following Secretary to the Board. accordance with the rules of the Amex for their records to be located and [FR Doc. 00–6595 Filed 3–16–00; 8:45 am] and what terms, if any, should be identified: BILLING CODE 7905±01±M imposed by the Commission for the a. Full name. protection of investors. The b. Date of birth. Commission, based on the information c. Social security number. SECURITIES AND EXCHANGE submitted to it, will issue an order Individuals requesting amendment COMMISSION granting the application after the date must also follow the OPM’s Privacy Act mentioned above, unless the regulations regarding verification of Issuer Delisting; Notice of Application Commission determines to order a identity and amendment of records (5 To Withdraw From Listing and hearing on the matter. CFR part 297). Registration; (NYFIX, Inc., Common Stock, Par Value $.001 per Share) File 115 U.S.C. 78l(d). RECORD SOURCE CATEGORIES: No. 1±12292 2 17 CFR 240.12d2–2(d). Information in this system of records 3 15 U.S.C. 78l(b). is obtained from: March 10, 2000. 4 15 U.S.C. 78l(g). a. The individuals to whom the NYFIX, Inc. (‘‘Company’’), has filed 5 Id. records applies. an application with the Securities and 6 15 U.S.C. 78m.

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For the Commission, by the Division of Amex or any other national securities ‘‘Participants’’) 1 to take certain, specific Market Regulation, pursuant to delegated exchange on which it is currently listed steps necessary to facilitate an orderly authority.7 and registered. By reason of Section transition to decimal pricing in United Jonathan G. Katz, 12(b) 3 of the Act and the rules and States securities markets (the ‘‘Decimals Secretary. regulations of the Commission Order’’).2 The Decimals Order [FR Doc. 00–6606 Filed 3–16–00; 8:45 am] thereunder, the Company shall continue prescribed a timetable for the BILLING CODE 8010±01±M to be obligated to file periodic and other Participants to complete the required reports required by Section 13 4 of the steps. The two earliest deadlines set by Act with the Commission. the Decimals Order require the SECURITIES AND EXCHANGE Any interested person may, on or Participants to submit jointly by March COMMISSION before March 30, 2000, submit by letter 13, 2000 a Decimals Implementation [File No. 1±10869] to the Secretary of the Securities and Plan, and each Participant to submit by Exchange Commission, 450 Fifth Street, March 28, 2000 proposed rule changes Issuer Delisting; Notice of Application N.W., Washington, D.C. 20549–0609, necessary to implement the Decimals To Withdraw From Listing and facts bearing upon whether the Implementation Plan. Registration; (Unique Mobility, Inc., application has been made in Shortly before the March 13 deadline, Common Stock, $.01 Par Value) accordance with the rules of the BSE the NASD announced that it would be unable to begin implementing decimal and what terms, if any, should be March 9, 2000. pricing on July 3, 2000, as required by imposed by the Commission for the the Decimals Order. The NASD’s Unique Mobility, Inc. (‘‘Company’’) protection of investors. The announcement necessarily has has filed an application with the Commission, based on the information consequences for the Decimals Securities and Exchange Commission submitted to it, will issue an order Implementation Plan being prepared by (‘‘Commission’’), pursuant to Section granting the application after the date the Participants. As the Decimals Order 12(d) of the Securities Exchange Act of mentioned above, unless the 1 2 emphasized, because of complex 1934 (‘‘Act’’) and Rule 12d2–2(d) Commission determines to order a technical and other issues relating to the promulgated thereunder, to withdraw hearing on the matter. the security described above ways in which United States securities (‘‘Security’’) from listing and For the Commission, by the Division of markets and related systems are linked, Market Regulation, pursuant to delegated ‘‘it is imperative that all market registration on the Boston Stock 5 Exchange, Incorporated (‘‘BSE’’ or authority. participants convert to decimals in a ‘‘Exchange’’). Jonathan G. Katz, coordinated manner.’’ 3 In its application the Company stated Secretary. The Commission therefore deems it that the Security, in addition to being [FR Doc. 00–6665 Filed 3–16–00; 8:45 am] appropriate and in the public interest to listed on the BSE, has been listed and BILLING CODE 8010±01±M extend until April 14, 2000 the deadline trades on the American Stock Exchange for the Participants to submit jointly a LLC (‘‘Amex’’) and other stock Decimals Implementation Plan required exchanges. The Security has traded SECURITIES AND EXCHANGE by the Decimals Order. The Commission simultaneously on the BSE and the COMMISSION further deems it appropriate and in the Amex since July 13, 1994. public interest to extend until April 28, In making the determination to [Release No. 34±4251 / March 10, 2000, File 2000 the deadline for each of the withdraw its Security from listing and No. 4±430] Participants to submit the proposed rule registration on the BSE, the Company changes necessary to implement the considered the direct and indirect costs Order Extending the Deadline for Decimals Implementation Plan. and expenses arising from maintaining Compliance With Portions of the Accordingly, it is hereby ordered that listings for its Security on the BSE and Commission's January 28, 2000, Order the deadline for the Participants to Amex simultaneously. In view of the Directing the Exchanges and the submit the Decimals Implementation fact that most of the trading in the National Association of Securities Plan required by the Decimals Order is Security occurs on the Amex, the Dealers, Inc. To Submit a extended until April 14, 2000. Company feels that the expenses Decimalization Implementation Plan It is hereby further ordered that the associated with maintaining its listing Pursuant to Section 11A(a)(3)(B) of the deadline for the Participants to submit on the BSE are justifiable, and that such Securities Exchange Act of 1934 the proposed rule changes necessary to listing has not appreciably enhanced the implement the Decimals trading market for the Security. On January 28, 2000, the Securities Implementation Plan is extended until The Company has stated that it has and Exchange Commission April 28, 2000. complied with the rules of the BSE (‘‘Commission’’) issued an order By the Commission. governing the withdrawal of its Security requiring the American Stock Exchange Margaret H. McFarland, from listing and registration on the LLC, the Boston Stock Exchange, Inc., Deputy Secretary. the Chicago Board Options Exchange, Exchange, and that the Exchange has in [FR Doc. 00–6608 Filed 3–16–00; 8:45 am] Inc., the Chicago Stock Exchange, Inc, turn indicated that it will not oppose BILLING CODE 8010±01±M such withdrawal. the Cincinnati Stock Exchange, Inc., the National Association of Securities The Company’s application relates 1 Since the date of the Decimals Order, the solely to the withdrawal of the Security Dealers, Inc. (‘‘NASD’’), the New York Commission has approved the registration of the from listing and registration on the BSE Stock Exchange, Inc., the Pacific International Securities Exchange (‘‘ISE’’) as a and shall have no effect upon its Exchange, Inc., and the Philadelphia national securities exchange. Release No. 34–42455. Stock Exchange, Inc. (collectively, the Accordingly, the Commission hereby includes ISE continued listing and registration on the within the term ‘‘Participants’’ as used in this Order. 7 17 CFR 200.30–3(a)(1). 3 15 U.S.C. 78l(b). 2 Release No. 34–42360 (Jan. 28, 2000), 65 FR 1 15 U.S.C. 78l(d). 4 15 U.S.C. 78m. 5003 (February 2, 2000). 2 17 CFR 240.12d2–2(d) 5 17 CFR 200.30–3(a)(1) 3 Id. at 8.

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s addition, the implementation schedule COMMISSION Statement of the Purpose of, and required that electronic orders received Statutory Basis for, the Proposed Rule at the trading department of a member [Release No. 34±42515; File No. SR±NASD± 00±09] Change that is a market maker in the subject securities and those received by 1. Purpose Self-Regulatory Organizations; Notice electronic communications networks of Filing and Immediate Effectiveness On March 6, 1998, the Commission (‘‘ECNs’’) be entered into OATS as of approved the NASD’s OATS Rules 6950 March 1, 1999 (‘‘Phase One’’). Not all of Proposed Rule Change by the 4 National Association of Securities through 6957. OATS provides a information relating to electronic orders Dealers, Inc. Relating to the Extension substantially enhanced body of received by market makers was required of the Effective Date of Phase Three of information regarding orders and to be reported to OATS during Phase transactions that improves the NASDR’s Order Audit Trail System Rules One. Information items relating to all ability to conduct surveillance and electronic orders, however, was March 10, 2000. investigations of member firms for required to be reported to OATS by Pursuant to Section 19(b)(1) of the violations of Association rules. In August 1, 1999 (‘‘Phase Two’’). Securities Exchange Act of 1934 addition, OATS is intended to fulfill Under the current implementation (‘‘Act’’),1 and Rule 19b–4, thereunder,2 one of the undertakings contained in the schedule, the OATS rules will apply to notice is hereby given that on March 9, order issued by the Commission relating all manual orders on July 31, 2000 2000, the National Association of to the settlement of an enforcement (’’Phase Three’’). With respect to manual Securities Dealers, Inc. (‘‘NASD’’ or action against the NASD for failure to orders and all orders received by ECNs, ‘‘Association’’) through its wholly- adequately enforce its rules.5 Pursuant however, the data required to be owned subsidiary, NASD Regulation, to the SEC Order, OATS was required, electronically recorded and transmitted Inc. (‘‘NASDR’’) filed with the Securities at a minimum, to: (1) Provide an to the OATS is limited to information and Exchange Commission (‘‘SEC’’ or accurate, time-sequenced record of that is expected to be readily available ‘‘Commission’’) the proposed rule orders and transactions, beginning with at the trading desk.8 change as described in Items I, II, and the receipt of an order at the first point Since the implementation of OATS, III below, which Items have been of contact between the broker/dealer NASDR has been closely reviewing prepared by NASDR. The NASDR has and the customer or counterparty and OATS activities with the goal of designated this proposal as one further documenting the life of the order identifying ways in which to improve constituting a ‘‘non-controversial’’ rule through the process of execution, and OATS and enhance the effectiveness of change under paragraph (f)(6) of Rule (2) provide for market-wide OATS as a regulatory tool. In this 19b–4 under the Act, 3 which renders synchronization of clocks used in regard, NASDR is considering certain 6 the proposal effective upon the connection with the audit trail. changes to OATS that it believes will Commission’s receipt of this filing. The In general, OATS imposes obligations enhance NASDR’s automated Commission is publishing this notice to on member firms to record in electronic surveillance for compliance with solicit comments on the proposed rule form and to report to the NASDR certain trading and market making rules such as change from interested persons. information with respect to orders the NASD’s Limit Order Protection originated, received, transmitted, Interpretation, the SEC’s Order I. Self-Regulatory Organization’s modified, canceled, or executed Execution Rules and a member firm’s Statement of the Terms of Substance of (‘‘reportable events’’) by NASD members best execution obligations. the Proposed Rule Change relating to equity securities traded on Several of these enhancements that NASDR proposes to amend NASD The Nasdaq Stock Market, Inc. the staff is considering would change Rule 6957 to extend the effective date of (‘‘Nasdaq’’). This information is the requirements that will become the implementation of Phase Three of integrated with quote information and effective as part of Phase Three under the Order Audit Trail System (‘‘OATS’’) transaction information reported to the current OATS rules. To provide NASDR Rules from July 31, 2000 to October 31, Automated Confirmation Transaction 7 2000. The text of the proposed rule Service (‘‘ACT’’) to provide the 8 Specifically, with respect to manual orders, change is available at the NASD and at Association with an accurate, time- information item (18) (type of account for which the the Commission. sequenced record of orders and other order is submitted) of NASD Rule 6954(b) would be transactions. required to be reported only to the extent that such II. Self-Regulatory Organization’s information item is available. Information items (4) The effective dates for OATS (identification of any department or the Statement of the Purpose of, and requirements are set forth in NASD Rule identification number of any terminal where an Statutory Basis for, the Proposed Rule 6957, which provides for different order is received) and (5) (identification of the Change phases of implementation. All members department of the member originating an order) of were required to synchronize their Rule 6954(b) and (1) (recordkeeping requirements In its filing with the Commission, the for orders transmitted to another department within NASDR included statements concerning computer system clocks and all the member) specified in Rule 6954(c) would not the purpose of and basis for the mechanical clocks that record times for be required to be recorded and reported with proposed rule change and discussed any regulatory purposes by August 7, 1998, respect to manual orders. In addition, information and July 1, 1999, respectively. In items (4) (identification of any department or comments it received on the proposed identification number of any terminal where an rule change. The text of these statements order is received), (5) (the identification of the 4 may be examined at the places specified See Securities Exchange Act Release No. 39729, department of the member that originates the 63 FR 12559 (March 13, 1998) (order approving File order), (9) (the designation of the order as a short in Item IV below. The NASDR has No. SR–NASD–97–56). sale), (14) (any request by a customer that an order prepared summaries, set forth in 5 See In the Matter of the National Association of not be displayed or that a block size order be sections A, B, and C below, of the most Securities Dealers, Inc., Securities Exchange Act displayed, pursuant to Rule 11Ac1–4(c)), (17) (the significant aspects of such statements. Release No. 37538, August 8, 1996; Administrative identification of the order as related to a Program Proceeding File No. 3–9056 (‘‘SEC Order’’). trade or an Index Arbitrage Trade), and (18) (the 6 Id. type of account for which the order is submitted) 1 15 U.S.C. 78s(b)(1). 7 ACT is an automated system owned and specified in Rule 6954(b) would not be required to 2 17 CFR 240.19b–4. operated by Nasdaq that captures transaction be recorded and reported by ECNs receiving orders 3 17 CFR 240.19b–4(f)(6). information in real-time. either electronically or manually.

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14639 adequate time to fully analyze and rule change prior to the filing date, the Capital Corp. was licensed by the Small consider these changes and determine proposed rule change has become Business Administration on 11/06/86. whether further proposed rule changes effective pursuant to Section 19(b)(3)(A) Under the authority vested by the Act 11 are appropriate, the NASDR is of the Act and Rule 19b–4(f)(6) and pursuant to the Regulations 12 proposing that the effective date of thereunder. promulgated thereunder, the surrender Phase Three implementation be At any time within 60 days of this was acted on this date, and accordingly, extended from July 31, 2000 to October filing, the Commission may summarily all rights, privileges and franchises 31, 2000. In addition, the NASDR abrogate this proposal if it appears to derived therefrom have been believes this extension is particularly the Commission that such action is terminated. important in light of the increased necessary or appropriate in the public constraints on member technology and interest, for the protection of investors, (Catalog of Federal Domestic Assistance systems due to other impending or otherwise in furtherance of the Program No. 59.11, Small Business Investment Companies) regulatory initiatives, such as purposes of the Act. decimalization. Dated: March 10, 2000. IV. Solicitation of Comments Don A. Christensen, 2. Statutory Basis Interested persons are invited to Associate Administrator for Investment. The NASDR believes the proposed submit written data, views and [FR Doc. 00–6695 Filed 3–16–00; 8:45 am] rule change is consistent with Section arguments concerning the foregoing, BILLING CODE 8025±01±P 15A(b)(6) of the Act,9 which requires, including whether the proposed rule among other things, that the change is consistent with the Act. Association’s rules be designed to Persons making written submission SMALL BUSINESS ADMINISTRATION prevent fraudulent and manipulative should file six copies thereof with the acts and practices, to promote just and Secretary, Securities and Exchange [Declaration of Disaster #3245 (Amendment equitable principles of trade, and, in Commission, 450 Fifth Street, N.W., #1)] general, to protect investors and the Washington, D.C. 20549–0609. Copies of public interest. The NASDR believes the submissions, all subsequent State of West Virginia that extending the effective date of amendments, all written statements Phase Three implementation of OATS with respect to the proposed rule In accordance with notices received will provide NASDR adequate time to change that are filed with the from the Federal Emergency fully analyze and consider certain Commission, and all written Management Agency on March 8, 2000, potential enhancements to OATS and communications relating to the the above-numbered Declaration is determine whether further proposed proposed rule change between the hereby amended to include Preston, rule changes are appropriate. Commission and any person, other than Randolph, Taylor, and Tucker Counties those that may be withheld from the in the State of West Virginia as a B. Self-Regulatory Organization’s public in accordance with the disaster area due to damages caused by Statement on Burden on Competition provisions of 5 U.S.C. 552, will be flooding, severe storms, and landslides. The NASDR does not believe that the available for inspection and copying in This Declaration is further amended to proposed rule change will impose a the Commission’s Public Reference establish the incident period for this burden on competition that is not Room. Copies of such filing also will be disaster as beginning on February 18, necessary or appropriate in furtherance available for inspection and copying at 2000 and continuing through February of the purposes of the Act, as amended. the NASD. All submissions should refer 22, 2000. C. Self-Regulatory Organization’s to File No. SR–NASD–00–09 and should In addition, applications for economic Statement on Comments on the be submitted by April 7, 2000. injury loans from small businesses Proposed Rule Change Received From For the Commission, by the Division located in the following contiguous Members, Participants or Others of Market Regulation, pursuant to counties may be filed until the specified delegated authority.13 date at the previously designated Written comments were neither location: Grant, Pendleton, and solicited nor received. Margaret H. McFarland, Deputy Secretary. Pocahontas Counties in West Virginia, III. Date of Effectiveness of the and Garrett County, Maryland. Any [FR Doc. 00–6607 Filed 3–16–00; 8:45 am] Proposed Rule Change and Timing for counties contiguous to the above-named Commission Action BILLING CODE 8010±01±M primary counties and not listed herein The proposed rule change has been have been previously declared. filed by the Association as a ‘‘non- SMALL BUSINESS ADMINISTRATION The economic injury number for the controversial’’ rule change under Rule State of Maryland is 9G9200. [License No.: 09/09±5370] 19b–4(f)(6) under the Act.10 All other information remains the Consequently, because the foregoing Notice of Surrender of License same, i.e., the deadline for filing proposed rule change does not applications for physical damage is significantly affect the protection of Notice is hereby given that Astar April 28, 2000 and for economic injury investors or the public interest, does not Capital Corporation, located at 9537 E. the deadline is November 28, 2000. impose any significant burden on Gidley Street, Temple City, CA 91780, competition, and does not become (Catalog of Federal Domestic Assistance has surrendered its license to operate as Program Nos. 59002 and 59008). operative until 30 days after the date on a small business investment company Dated: March 10, 2000. which it was filed, and because NASDR under the Small Business Investment provided the Commission with written Act of 1958, as amended (the Act). Astar Bernard Kulik, notice of its intent to file the proposed Associate Administrator for Disaster Assistance. 11 15 U.S.C. 78s(b)(3)(A). 9 15 U.S.C. 78o–3(b)(6). 12 17 CFR 240.19b–4(f)(6). [FR Doc. 00–6697 Filed 3–16–00; 8:45 am] 10 17 CFR 240.19b–4(f)(6). 13 17 CFR 200.30–3–(a)(12). BILLING CODE 8025±01±P

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SMALL BUSINESS ADMINISTRATION DEPARTMENT OF STATE Transportation, 400 7th Street, SW., Room 4438–4440, Washington, DC. Washington, D.C. District Advisory [Public Notice No. 3235] The agenda for the meeting is as Council; Public Meeting follows: Advisory Committee on International — Advocacy The U.S. Small Business Law Notice of Committee Renewal Administration Washington, D.C. — DOT DBE Program District Advisory Council, located in the The Department of State has renewed — Small Business Programs metropolitan area of Washington, D.C., the Charter of the Advisory Committee — Outreach will hold a public meeting from 9:00 on International Law. This advisory — Financial Services a.m.–11:00 a.m., Wednesday, April 26, committee will continue to obtain the Attendance is open to the interested 2000, at Creative Associates, Inc., 5301 views and advice of a cross-section of public but limited to the space Wisconsin Avenue, N.W., Suite 700, the country’s outstanding members of available. With the approval of the Washington, D.C., to discuss such the legal profession on significant issues Chairman, members of the public may matters as may be presented by of international law. present oral statements at the meeting. members, staff of the U.S. Small The committee’s consideration of Persons wishing to attend and persons Business Administration, or others legal issues in the conduct of our foreign wishing to present oral statements present. affairs provides a unique contribution to should notify the Office of Small and For further information, write or call the creation and promotion of U.S. Disadvantaged Business Utilization, Anita L. Irving, Public Information foreign policy. The Under Secretary for Minority Business Resource Center by Officer, U.S. Small Business Management has determined that the 4:00 p.m. on Monday, April 10, 2000. Administration, 1110 Vermont Avenue, committee is necessary and in the Information pertaining to the meeting N.W., Suite 900, (P.O. Box 34500), public interest. may be obtained from Mrs. Marie A. Washington, DC 20043–4500; telephone The committee consists of former Hendricks, Office of Small and 202–606–4000, ext. 275. Legal Advisers of the Department of Disadvantaged Business Utilization, 400 State and not more than twenty 7th Street, SW., Washington, DC 20590, Bettie Baca, individuals appointed by the Legal telephone (202) 366–1930 or (800) 532– Counselor to the Administrator/Public Adviser of the Department of State. The 1169. Any member of the public may Liaison. committee will follow the procedures present a written statement to the [FR Doc. 00–6696 Filed 3–16–00; 8:45 am] prescribed by the Federal Advisory Committee at any time. BILLING CODE 8025±01±P Committee Act (FACA). Meetings will Issued in Washington, DC on March 13, be open to the public unless a 2000. determination is made in accordance Luz A. Hopewell, DEPARTMENT OF STATE with section 10(d) of the FACA, 5 U.S.C. Director, Office of Small and Disadvantaged [Public Notice 3257] 552b(c)(1) and (4), that a meeting or a Business Utilization. portion of the meeting should be closed [FR Doc. 00–6682 Filed 3–16–00; 8:45 am] Fine Arts Committee; Notice of to the public. Notice of each meeting BILLING CODE 4910±62±P Meeting will be provided for publication in the Federal Register as far in advance as The Fine Arts Committee of the possible prior to the meeting. Department of State will meet on DEPARTMENT OF TRANSPORTATION For further information, please call: Saturday, April 29, 2000 at 9:30 a.m. in John R. Crook, Assistant Legal Adviser Coast Guard the John Quincy Adams State Drawing for United Nations Affairs, (202 647– Room. The meeting will last until [USCG±2000±7053] 2767. approximately 11:00 a.m. and is open to the public. Dated: March 13, 2000. Chemical Transportation Advisory The agenda for the committee meeting John R. Crook, Committee will include a summary of the work of Assistant Legal Adviser for United Nations AGENCY: Coast Guard, DOT. the Fine Arts Office since its last Affairs; Executive Director, Advisory ACTION: Notice of meeting. meeting in October 1999 and the Committee on International Law, U.S. announcement of gifts of furnishings as Department of State. SUMMARY: The Chemical Transportation well as financial contributions from [FR Doc. 00–6680 Filed 3–16–00; 8:45 am] Advisory Committee (CTAC) will meet January 1 through December 31, 1999. BILLING CODE 4710±08±P to discuss various issues relating to the Public access to the Department of State marine transportation of hazardous is strictly controlled. Members of the materials in bulk. The meeting will be public wishing to take part in the DEPARTMENT OF TRANSPORTATION open to the public. meeting should telephone the Fine Arts DATES: CTAC will meet on Wednesday, Office by Monday, April 24, 2000, Office of the Secretary April 12, 2000, from 9:00 am to 3:30 pm. telephone (202) 647–1990 to make The meeting may close early if all Minority Business Resource Center arrangements to enter the building. The business is finished. Written material Advisory Committee; Meeting public may take part in the discussion and requests to make oral presentations as long as time permits and at the Pursuant to section 10(a)(2) of the should reach the Coast Guard on or discretion of the chairman. Federal Advisory Committee Act (Pub. before March 30, 2000. Requests to have Dated: March 13, 2000. L. 92–463; 5 U.S.C. App. 1), notice is a copy of your material distributed to Gail F. Serfaty, hereby given of a meeting of the each member of the committee or Vice Chairman, Fine Arts Committee, Minority Business Resource Center subcommittee should reach the Coast Department of State. Advisory Committee to be held Guard on or before April 3, 2000. [FR Doc. 00–6681 Filed 3–16–00; 8:45 am] Tuesday, April 18, 2000, from 10 a.m.– ADDRESSES: CTAC will meet at Coast BILLING CODE 4710±38±U 12 p.m. at the Department of Guard Headquarters, room 2415, 2100

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Second Street SW., Washington, DC. or to request special assistance at the Directorate, Aircraft Certification Send written material and requests to meetings, contact the Executive Director Service, before issuance of the final AC. make oral presentations to Ms. Sara S. as soon as possible. Background Ju, Commandant (G–MSO–3), U.S. Coast Dated: March 13, 2000. Guard Headquarters, 2100 Second, This proposed AC provides guidance Howard L. Hime, Street SW., Washington, DC 20593– and acceptable methods, but not the 0001. This notice is available on the Director of Standards (Acting), Marine Safety only methods, that may be used to and Protection. Internet at http://dms.dot.gov. demonstrate compliance with the [FR Doc. 00–6704 Filed 3–16–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: requirements of 14 CFR 33.4, Commander Robert F. Corbin, Executive BILLING CODE 4910±15±M Instructions for Continued Director of CTAC, or Ms. Sara S. Ju, Airworthiness (ICA), relating to focused inspections of safety critical turbine Assistant to the Executive Director, DEPARTMENT OF TRANSPORTATION telephone 202–267–1217, fax 202–267– engine parts. Analysis of ten years of 4570. Federal Aviation Administration transport aircraft accident and incident SUPPLEMENTARY INFORMATION: Notice of data shows that the leading turbine this meeting is given under the Federal Proposed Advisory Circular; engine unsafe condition is the Advisory Committee Act, 5 U.S.C. App. Instructions for Continued uncontained failure of safety critical 2. Airworthiness: Focused Inspection of parts. The failure of safety critical parts Safety Critical Turbine Engine Parts at can present a significant hazard to an Agenda of Meeting (Tentative) Piece-Part Opportunity aircraft by releasing fragments that can Chemical Transportation Advisory penetrate the cabin or fuel tanks, AGENCY: Committee (CTAC) Federal Aviation damage control surfaces, or sever Administration, DOT. flammable fluid or hydraulic lines. To The tentative agenda includes the ACTION: Notice of availability of reduce the occurrence of these following: proposed advisory circular and request incidents, parts and part features most (1) Establishment of a new critical to safety should be subjected to Subcommittee to identify and develop for comments. focused inspections at piece-part recommended response standards for SUMMARY: This notice announces the marine chemical incidents. opportunities, using methods that detect availability of draft Advisory Circular flaws that could lead to failure. (2) Reestablishment of the 46 CFR Part (AC) No. 33.4–2, Instructions for 151 Subcommittee to revalidate Continued Airworthiness: Focused (Authority: 49 U.S.C. 106(g), 40113, 44701– 44702, 44704.) previous Subcommittee Inspection of Safety Critical Turbine recommendations. Engine Parts at Piece-Part Opportunity. Issued in Burlington, Massachusetts, on (3) New Prevention Through People March 9, 2000. DATES: Comments must be received on Subcommittee initiatives. David A. Downey, or before May 16, 2000. (4) Information on the revised CHRIS Assistant Manager, Engine and Propeller manual. ADDRESSES: Send all comments on the Directorate, Aircraft Certification Service. (5) Roles and Responsibilities of a proposed AC to the Federal Aviation [FR Doc. 00–6700 Filed 3–16–00; 8:45 am] Marine Chemist. Administration, Attn: Engine and BILLING CODE 4910±13±M (6) Status report on the Tank Barge Propeller Standards Staff, ANE–110, Certificate of Inspection Pilot Program. Engine and Propeller Directorate, (7) Updates on Coast Guard regulatory Aircraft Certification Service, 12 New DEPARTMENT OF TRANSPORTATION projects and current International England Executive Park, Burlington, Maritime organization (IMO) initiatives MA, 01803–5299. Federal Aviation Administration relative to the chemical transportation FOR FURTHER INFORMATION CONTACT: industry. Mark Liptak, Engine and Propeller One-Year Runway Incursion Procedural Standards Staff, ANE–110, at the above Information and Evaluation Program The meeting is open to the public. address, telephone (781) 238–7749, fax AGENCY: Federal Aviation Please note that the meeting may close (781) 238–7199. Administration (FAA), DOT. early if all business is finished. At the SUPPLEMENTARY INFORMATION: ACTION: General statement of policy. Chair’s discretion, members of the Comments Invited public may make oral presentations SUMMARY: This document announces a during the meeting. If you would like to A copy of the subject AC may be one-year program to gather information make an oral presentation at the obtained by contacting the person from airmen who are involved in meeting, please notify the Executive named above under FOR FURTHER runway incursions and to evaluate that Director no later than March 30, 2000. INFORMATION CONTACT or by information in an effort to determine the Written material for distribution at the downloading the draft AC from the root causes of such events. The meeting should reach the Coast Guard following Internet website: document also states the FAA’s policy no later than April 3, 2000. If you would www.faa.gov/avr/air/acs/draftach.htm. concerning enforcement-related like a copy of your material distributed Interested persons are invited to incentives that will be offered to airmen to each member of the Committee in comment on the proposed AC and to to encourage them to participate in the advance of the meeting, please submit submit such written data, views, or program and the FAA’s policy 25 copies to the Executive Director no arguments as they desire. Commenters concerning the use for enforcement later than April 3, 2000. must identify the subject of the AC and purposes of information provided by submit comments in duplicate to the airmen under the program. Information on Services for Individuals address specified above. All DATES: Effective date: March 17, 2000. With Disabilities communications received on or before Expiration Date: The Runway Incursion For information on facilities or the closing date for comments will be Information and Evaluation Program services for individuals with disabilities considered by the Engine and Propeller expires on March 19, 2001.

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FOR FURTHER INFORMATION CONTACT: Ross One-Year Runway Incursion contributing factor to the runway Cusimano, AFS–200, Air Transportation Information and Evaluation Program incursion? Division, Flight Standards Service, (RIIEP) • What were the lighting conditions Federal Aviation Administration, 800 when the runway incursion occurred? The Administrator has set a goal to • Independence Avenue, SW., reduce runway incursions by 15 percent Was the airman familiar with the Washington, DC 20591; Telephone: in calendar year 2000. To help achieve airport layout? • Were there language problems that (202) 267–8166. this goal, the FAA is developing contributed to the runway incursion? programs designed to reduce pilot SUPPLEMENTARY INFORMATION: • What was the airman’s experience deviations through enhanced education in operations at tower operated/high and training of pilots and crewmembers, Background density airports? and to gather and evaluate more data on • What does the airman believe In recent years, the number of runway the causes of runway incursions. incursions has increased significantly. caused the runway incursion? To assist with the development of a • What would have helped to prevent As a result, the Administrator has comprehensive compliance program for the runway incursion from happening? identified as a high priority the airport surface operations, the FAA is implementation of several initiatives implementing a one-year program Enforcement Policy aimed at reducing or eliminating through which it seeks to gain The FAA through the Air Traffic accidents or incidents attributable to information about runway incursions by Service ordinarily is immediately aware runway incursions. These initiatives interviewing airmen involved in such when a runway incursion occurs. ‘‘include efforts that address pilot events.* While the FAA is immediately Oftentimes, the Air Traffic Service’s familiarity with airports, navigation and aware through the Air Traffic Service of report of a pilot deviation or a vehicle communications improvements, pilot/ the occurrence of a runway incursion, or pedestrian deviation associated with oftentimes the FAA knows little about controller memory and attention, a runway incursion will result in the why the incursion happened and the controller skill development, opening of an enforcement investigative factors or events that may have led to it. report for an alleged regulatory compliance with FAA regulations by The FAA believes, that given certain pilots and controllers, and improved violation(s) and either legal enforcement assurances under the RIIEP, airmen who action (certificate action or civil penalty dissemination of safety/security-related are involved in runway incursion may information.’’ (1998 Airport Surface action) or administrative action (letter of be willing to share with FAA inspectors correction or warning notice) being Operations Safety Action Plan, page 3). valuable safety information about those (Available on the Internet at http:// taken against the airman involved. incursions. This information may help To encourage participation in the www.faa.gov/ats/ato/ato102/files/ the FAA to determine root causes of RIIEP, the FAA has decided to offer actionplan/index.html). runway incursions and lead to the certain assurances to airmen regarding A runway incursion is defined as development of effective corrective enforcement action that typically would ‘‘any occurrence at an airport involving actions to help reduce or eliminate this be taken for an alleged violation an aircraft, vehicle, person, or object on problem. resulting from a runway incursion. Under the RIIEP, each regional Flight the ground that creates a collision Under the RIIEP, if an airman Standards Division manager will hazard or results in loss of separation cooperates in answering questions that establish a group of regional aviation will assist in identifying the cause of the withan aircraft taking off, intending to safety inspectors (operations) who will runway incursion, the FAA ordinarily take off, landing, or intending to land.’’ serve as a Flight Standards Incursion (FAA Order 8020.11A, Chapter 1, Team (FSIT) and will coordinate does not expect to take punitive legal Paragraph 5). Runway incursions are National Runway Safety Program enforcement action (i.e., civil penalty grouped into four categories: Pilot (NRSP) activities at the regional level. action or a fixed period of suspension) Deviations, Operational Errors, The FSIT will be responsible for against him or her for an alleged Operational Deviations, and Vehicle or coordinating the activities of FAA field violation that may result from the Pedestrian Deviations. Pilot deviations inspectors who will interview the incursion, provided the alleged are the leading category of runway airman involved in a runway incursion violation does not appear to be incursions, increasing by 38 percent during normal working hours as soon as intentional or to involve criminal from 1997 to 1998. An analysis of practicable after the incursion occurs. conduct, and the runway incursion did not result in an accident. runway incursion data indicates runway The field inspectors will report in writing the results of an interview to the In certain cases, the FAA may incursions most likely to cause determine an airman should complete accidents generally occur at complex, FSIT. The FSIT will review the written report of the interview and forward the corrective action to help preclude the high volume airports. (1998 Airport recurrence of a runway incursion, or Surface Operations Safety Action Plan, report to the national coordinator for NRSP in the Flight Standards Service, should at least be warned that his or her page 3). The data also show there is a conduct was allegedly in violation of high incidence of runway incursions Headquarters. Field inspectors will advise airmen subtitle VII of Title 49 of the U.S. Code involving general aviation pilots that that their participation in the interview or the Federal Aviation Regulations. In often result from misunderstood process is voluntary. The interviews these cases, the FAA will issue an controller instructions, confusion, may be conducted in person, or by appropriate administrative action to the disorientation, and/or inattention. Id. telephone. Questions that might be airman. Because runway incursions can involve asked of airmen during the interview If alleged violation(s) resulting from and affect such a wide cross section of include the following: the runway incursion or the pilot skill levels and airport operations, • Were the airport signage, lighting, circumstances surrounding the runway the FAA has concluded that runway and markings adequate or were they a incursion demonstrate, or raise a incursion prevention measures must be question of, a lack of qualification of the as broad in scope as possible. * The RIIEP does not apply to foreign airmen airman, then the FAA will proceed with involved in runway incursions. appropriate remedial action, which

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14643 might include reexamination and/or Ports Authority under section 158.23 of Y2K Improvements 107 access control, PSE certificate revocation or certificate Part 158. Acquire. Rwy Sweeper, PSE Install Loading Bridges, PSE suspension pending reexamination. FOR FURTHER INFORMATION CONTACT: Ilia Reconstruct Twy Light System, PSE The FAA recognizes airmen will have Quinones, Program Manager, Orlando concerns the information they provide Improve Rwy 12 Safety Area, PSE Airports District Office, 5950 Hazeltine Reconstruct Terminal Apron, PSE under this program will be used by the National Dr., Suite 400, Orlando, FL Reconstruct Rwy & Twy Connectors, PSE FAA to take enforcement actions against 32822–5024, 407–812–6331 extension Widen Rwy, Construct Apron, Extend Twy, them. The FAA, however, does not 30. The application may be reviewed in CPX expect to use information provided by person at this same location. Cargo Access Road, SJU airmen during interviews conducted by SUPPLEMENTARY INFORMATION: The FAA Construct New GA facilities, SJU FAA inspectors under the RIIEP in any proposes to rule and invites public FAA punitive legal enforcement action. comment on the application to impose Class or classes of air carriers which The RIIEP will be in effect for one and use the revenue from a PFC at Luis the public agency has requested not be ˜ year beginning the date of publication of Munoz Marin International Airport required to collect PFCs: NONE. this notice. under the provisions of the Aviation Any person may inspect the Issued in Washington, DC on March 13, Safety and Capacity Expansion Act of application in person at the FAA office 2000. 1990 (Title IX of the Omnibus Budget listed above under FOR FURTHER Jane F. Garvey, Reconciliation Act of 1990) (Public Law INFORMATION CONTACT. Administrator. 101–508) and Part 158 of the Federal In addition, any person may, upon [FR Doc. 00–6683 Filed 3–16–00; 8:45 am] Aviation Regulations (14 CFR Part 158). request, inspect the application, notice On March 13, 2000, the FAA BILLING CODE 4910±13±M and other documents germane to the determined that the application to application in person at the Puerto Rico impose and use the revenue from a PFC Ports Authority. DEPARTMENT OF TRANSPORTATION submitted by the Puerto Rico Ports Authority was substantially complete Issued in Orlando, Florida on March 13, 2000. Federal Aviation Administration within the requirements of section 158.25 of Part 158. The FAA will John W. Reynolds, Jr., Notice of Intent To Rule on Application approve or disapprove the application, Acting Manager, Orlando Airports District To Impose and Use the Revenue from in whole or in part, no later than June Office, Southern Region. [FR Doc. 00–6701 Filed 3–16–00; 8:45 am] a PassengerÄ Facility Charge (PFC) at 14, 2000. Luis Munoz Marin International Airport, The following is a brief overview of BILLING CODE 4910±13±M San Juan, PR the application. PFC Application No.: 00–04–C–00– AGENCY: Federal Aviation SJU. DEPARTMENT OF TRANSPORTATION Administration (FAA), DOT. Level of the proposed PFC: $3.00. ACTION: Notice of intent to rule on Proposed charge effective date: Surface Transportation Board application. November 1, 2002. Proposed charge expiration date: [STB Docket Nos. AB±33 (Sub±No. 147X) SUMMARY: The FAA proposes to rule and January 1, 2011. and AB±406 (Sub±No. 11X)] invites public comment on the Total estimated net PFC revenue: application to impose and use the ˜ $101,154,000. Union Pacific Railroad CompanyÐ revenue from a PFC at Luis Munoz Brief description of proposed Abandonment ExemptionÐin Marin International Airport under the project(s): McPherson and Saline Counties, KS provisions of the Aviation Safety and Development of Utilities Master Plan, SJU and Central Kansas Railway Limited Capacity Expansion Act of 1990 (Title Preliminary Engineering Dual Midfield Liability CompanyÐDiscontinuance of IX of the Omnibus Budget Taxiway, SJU Service ExemptionÐin McPherson and Reconciliation Act of 1990) (Public Law EA for Improving the Runway Safety Area Saline Counties, KS 101–508) and Part 158 of the Federal Rwy 26, SJU Aviation Regulations (14 CFR Part 158). Y2K Improvements to 107 Access Control, Union Pacific Railroad Company (UP) SJU DATES: Comments must be received on and Central Kansas Railway Limited Acquire Two Runway Sweepers, SJU or before April 17, 2000. Design & Install Terminal/Airfield Signs, SJU Liability Company (CKR) have filed a ADDRESSES: Comments on this Design and Build an ARFF Facility, SJU notice of exemption under 49 CFR 1152 application may be mailed or delivered Construct Dual Mid-Field Twy, SJU Subpart F—Exempt Abandonments and in triplicate to the FAA at the following Construct Standard Safety Area RWY 26, SJU Discontinuances of Service for UP to address: Orlando Airports District Design Extension TWY Sierra, SJU abandon and CKR to discontinue service Office, 5950 Hazeltine National Dr., Master Plan (ALP), SIG over: (1) A 4.6-mile line of railroad Design/Construction Apron Expansion, X63 Suite 400, Orlando, FL 32822–5024. known as the Hoisington Subdivision Installation of AWOS, BQN between milepost 491.20 near In addition, one copy of any Relocation of Taxiway A, BQN comments submitted to the FAA must Preliminary Engineering Rwy Bridgeport, KS, and milepost 495.80 be mailed or delivered to Virgilio Reconstruction, BQN near Lindsborg, KS; (2) a 10.25-mile line Acevedo, P.E., Assistant Executive Final Design Rwy Reconstruction, BQN of railroad known as the McPherson Director for Engineering, Planning and Reconstruct Rwy, BQN Subdivision between milepost 534.75, Development of the Puerto Rico Ports Y2K Improvement to 107 access control, near Bridgeport and milepost 545.00 Authority at the following address: P.O. BQN near Sid, KS. Additionally, as part of the Obstruction Removal; Treshold Relocation, exemption, CKR also seeks to Box 362829, San Juan, Puerto Rico VQS 00936–2829. Install Airport Signage (Design/Construct.), discontinue its incidental overhead Air carriers and foreign air carriers PSE trackage rights over a 6.30-mile portion may submit copies of written comments Acquire. Jaws of Life & Safety Equipment, of UP’s trackage between milepost previously provided to the Puerto Rico PSE 545.00 near Sid, and milepost 551.30 at

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Salina, KS.1 All involved line segments Office of the Secretary, Case Control SUMMARY: The Department of the are located in McPherson and Saline Unit, 1925 K Street, NW, Washington, Treasury, as part of its continuing effort Counties, KS. The lines traverses United DC 20423. to reduce paperwork and respondent States Postal Service Zip Codes 67401, A copy of any petition filed with the burden, invites the general public and 67416, and 67456. Board should be sent to applicants’ other Federal agencies to take this UP and CKR have certified that: (1) representatives: James P. Gatlin, Union opportunity to comment on proposed No local traffic has moved over the lines Pacific Railroad Company, 1416 Dodge and/or continuing information for at least 2 years; (2) there has been no Street, Room 830, Omaha, NE 68179– collections, as required by the overhead traffic on the lines during the 0001; and Karl Morell, Ball Janik LLP, Paperwork Reduction Act of 1995, past 2 years; (3) no formal complaint 1455 F St., NW, Washington, DC 20005. Public Law 104–13 (44 U.S.C. filed by a user of rail service on the lines If the verified notice contains false or 3506(c)(2)(A)). Currently, the IRS is (or by a state or local government entity misleading information, the exemption soliciting comments concerning Form acting on behalf of such user) regarding is void ab initio. 9003, Additional Questions to be cessation of service over the lines either UP and CKR have filed an Completed by All Applicants for is pending with the Surface environmental report which addresses Permanent Residence in the United Transportation Board (Board) or with the effects of the abandonment and States. any U.S. District Court or has been discontinuance, if any, on the DATES: Written comments should be decided in favor of complainant within environment and historic resources. The received on or before May 16, 2000 to the 2-year period; and (4) the Section of Environmental Analysis be assured of consideration. requirements at 49 CFR 1105.7 (SEA) will issue an environmental (environmental reports), 49 CFR 1105.8 assessment (EA) by March 22, 2000. ADDRESSES: Direct all written comments (historic reports), 49 CFR 1105.11 Interested persons may obtain a copy of to Garrick R. Shear, Internal Revenue (transmittal letter), 49 CFR 1105.12 the EA by writing to SEA (Room 500, Service, room 5244, 1111 Constitution (newspaper publication), and 49 CFR Surface Transportation Board, Avenue NW., Washington, DC 20224. 1152.50(d)(1) (notice to governmental Washington, DC 20423) or by calling FOR FURTHER INFORMATION CONTACT: agencies) have been met. SEA, at (202) 565–1545. Comments on Requests for additional information or As a condition to this exemption, any environmental and historic preservation copies of the form and instructions employee adversely affected by the matters must be filed within 15 days should be directed to Faye Bruce, (202) abandonment shall be protected under after the EA becomes available to the 622–6665, Internal Revenue Service, Oregon Short Line R. Co.— public. room 5244, 1111 Constitution Avenue Abandonment— Goshen, 360 I.C.C. 91 Environmental, historic preservation, NW., Washington, DC 20224. (1979). To address whether this public use, or trail use/rail banking SUPPLEMENTARY INFORMATION: condition adequately protects affected conditions will be imposed, where Title: Additional Questions to be employees, a petition for partial appropriate, in a subsequent decision. Completed by All Applicants for revocation under 49 U.S.C. 10502(d) Pursuant to the provisions of 49 CFR Permanent Residence in the United must be filed. Provided no formal 1152.29(e)(2), UP shall file a notice of States. expression of intent to file an offer of consummation with the Board to signify OMB Number: 1545–1065. financial assistance (OFA) has been that it has exercised the authority Form Number: 9003. received, this exemption will be granted and fully abandoned the line. If Abstract: Internal Revenue Code effective on April 16, 2000, unless consummation has not been effected by section 6039E requires that applicants stayed pending reconsideration. UP’s filing of a notice of consummation for permanent residence in the United Petitions to stay that do not involve by March 17, 2001, and there are no States must give information regarding environmental issues 2 formal legal or regulatory barriers to their last three years tax history with expressions of intent to file an OFA consummation, the authority to their applications or face a possible under 49 CFR 1152.27(c)(2),3 and trail abandon will automatically expire. $500 penalty. Form 9003 is used for this use/rail banking requests under 49 CFR Board decisions and notices are purpose. 1152.29 must be filed by March 27, available on our website at Current Actions: There are no changes 2000. Petitions to reopen or requests for ‘‘WWW.STB.DOT.GOV.’’ being made to Form 9003 at this time. public use conditions under 49 CFR Decided March 9, 2000. Type of Review: Extension of a 1152.28 must be filed by April 6, 2000, By the Board, David M. Konschnik, Director, currently approved collection. with: Surface Transportation Board, Office of Proceedings. Affected Public: Individuals or Vernon A. Williams, households. 1 Estimated Number of Respondents: CKR was authorized to lease and operate Secretary. approximately 170.7 miles of UP’s rail line in 933,000. addition to the incidental overhead trackage rights [FR Doc. 00–6570 Filed 3–16–00; 8:45 am] Estimated Time Per Respondent: 5 that it acquired in Central Kansas Railway, L.L.C.— BILLING CODE 4915±00±P Lease Exemption—Union Pacific Railroad min. Company, STB Finance Docket No. 33470 (STB Estimated Total Annual Burden served Oct. 9, 1997). Hours: 77,750. 2 The Board will grant a stay if an informed DEPARTMENT OF THE TREASURY The following paragraph applies to all decision on environmental issues (whether raised of the collections of information covered by a party or by the Board’s Section of Internal Revenue Service Environmental Analysis in its independent by this notice: investigation) cannot be made before the Proposed Collection; Comment An agency may not conduct or sponsor, exemption’s effective date. See Exemption of Out- Request for Form 9003 and a person is not required to respond to, of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any a collection of information unless the request for a stay should be filed as soon as possible AGENCY: so that the Board may take appropriate action before Internal Revenue Service (IRS), collection of information displays a valid the exemption’s effective date. Treasury. OMB control number. Books or records 3 Each offer of financial assistance must be ACTION: Notice and request for relating to a collection of information must accompanied by the filing fee, which currently is comments. be retained as long as their contents may set at $1000. See 49 CFR 1002.2(f)(25). become material in the administration of any

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14645 internal revenue law. Generally, tax returns FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for and tax return information are confidential, Requests for additional information or comments. as required by 26 U.S.C. 6103. copies of the form and instructions REQUEST FOR COMMENTS: Comments should be directed to Vicki S. Thorpe, SUMMARY: The Department of the submitted in response to this notice will Bureau of the Public Debt, 200 Third Treasury, as part of its continuing effort be summarized and/or included in the Street, Parkersburg, WV 26106–1328, to reduce paperwork and respondent request for OMB approval. All (304) 480–6553. burden, invites the general public and other Federal agencies to take this comments will become a matter of SUPPLEMENTARY INFORMATION: opportunity to comment on proposed public record. Comments are invited on: Title: Request By Fiduciary For (a) Whether the collection of and/or continuing information Reissue Of United States Savings collections, as required by the information is necessary for the proper Bonds/Notes. performance of the functions of the Paperwork Reduction Act of 1995, OMB Number: 1535–0012. Public Law 104–13 (44 U.S.C. agency, including whether the Form Number: PD F 1455. information shall have practical utility; 3506(c)(2)(A). Currently the Bureau of Abstract: The information is the Public Debt within the Department (b) The accuracy of the agency’s requested to support a request for estimate of the burden of the collection of the Treasury is soliciting comments reissue by the fiduciary of a decedent’s concerning the Request For Reissue of of information; (c) Ways to enhance the estate. quality, utility, and clarity of the United States Savings Bonds/Notes in Current Actions: None. information to be collected; (d) Ways to The Name of a Person or Persons Other Type of Review: Extension. minimize the burden of the collection of Than The Owner (Including Legal Affected Public: Individuals or information on respondents, including Guardian, Custodian for a Minor Under businesses. through the use of automated collection a Statue, etc.). Estimated Number of Respondents: techniques or other forms of information DATES: Written comments should be 72,000. technology; and (e) Estimates of capital received on or before May 19, 2000, to Estimated Time Per Respondent: 30 or start-up costs and costs of operation, be assured of consideration. minutes. maintenance, and purchase of services ADDRESSES: Direct all written comments to provide information. Estimated Total Annual Burden Hours: 36,000. to Bureau of the Public Debt, Vicki S. Approved: March 7, 2000. Thorpe, 200 Third Street, Parkersburg, REQUEST FOR COMMENTS: Comments WV 26106–1328. Garrick R. Shear, submitted in response to this notice will IRS Reports Clearance Officer. be summarized and/or included in the FOR FURTHER INFORMATION CONTACT: [FR Doc. 00–6577 Filed 3–16–00; 8:45 am] request for OMB approval. All Requests for additional information or BILLING CODE 4830±01±U comments will become a matter of copies of the form and instructions public record. Comments are invited on: should be directed to Vicki S. Thorpe, (a) Whether the collection of Bureau of the Public Debt, 200 Third DEPARTMENT OF THE TREASURY information is necessary for the proper Street, Parkersburg, WV 26106–1328, (304) 480–6553. Bureau of the Public Debt performance of the functions of the agency, including whether the SUPPLEMENTARY INFORMATION: Proposed Collection: Comment information shall have practical utility; Title: Request For Reissue of United Request (b) The accuracy of the agency’s States Savings Bonds/Notes In The estimate of the burden of the collection Name Of A Person Or Persons Other AGENCY: Bureau of the Public Debt, of information; (c) Ways to enhance the Than The Owner (Including Legal Department of the Treasury. quality, utility, and clarity of the Guardian, Custodian For A Minor Under ACTION: Notice and request for information to be collected; (d) Ways to a Statue, etc.). comments. minimize the burden of the collection of OMB Number: 1535–0025. information on respondents, including Form Number: PD F 3360. SUMMARY: The Department of the Abstract: The information is used to Treasury, as part of its continuing effort through the use of automated collection techniques or other forms of information support a request by the owner to to reduce paperwork and respondent reissue the savings bonds/notes in the burden, invites the general public and technology; and (e) Estimates of capital or start-up costs and costs of operation, name of another person. other Federal agencies to take this Current Actions: None. opportunity to comment on proposed maintenance, and purchase of services to provide information. Type of Review: Extension. and/or continuing information Affected Public: Individuals or collections, as required by the Dated: March 13, 2000. households. Paperwork Reduction Act of 1995, Vicki S. Thorpe, Estimated Number of Respondents: Public Law 104–13 (44 U.S.C. Manager, Graphics, Printing and Records 50,000. 3506(c)(2)(A). Currently the Bureau of Branch. Estimated Time Per Respondent: 10 the Public Debt within the Department [FR Doc. 00–6618 Filed 3–16–00; 8:45 am] minutes. of the Treasury is soliciting comments BILLING CODE 4810±39±U Estimated Total Annual Burden concerning the Request By Fiduciary Hours: 8,350. For Reissue of United States Savings REQUEST FOR COMMENTS: Comments Bonds/Notes. DEPARTMENT OF THE TREASURY submitted in response to this notice will DATES: Written comments should be be summarized and/or included in the Bureau of the Public Debt received on or before May 19, 2000, to request for OMB approval. All be assured of consideration. Proposed Collection: Comment comments will become a matter of ADDRESSES: Direct all written comments Request public record. Comments are invited on: to Bureau of the Public Debt, Vicki S. (a) Whether the collection of Thorpe, 200 Third Street, Parkersburg, AGENCY: Burea of the Public Debt, information is necessary for the proper WV 26106–1328. Department of the Treasury. performance of the functions of the

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 14646 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices agency, including whether the Title: Application For Disposition Of burden, invites the general public and information shall have practical utility; Retirement Plan and/or Individual other Federal agencies to take this (b) The accuracy of the agency’s Retirement Bonds Without opportunity to comment on proposed estimate of the burden of the collection Administration Of Deceased Owner’s and/or continuing information of information; (c) Ways to enhance the Estate. collections, as required by the quality, utility, and clarity of the OMB Number: 1535–0032. Paperwork Reduction Act of 1995, information to be collected; (d) Ways to Form Number: PD F 3565. Public Law 104–13 (44 U.S.C. minimize the burden of the collection of Abstract: The information is used to 3506(c)(2)(A). Currently the Bureau of information on respondents, including support a request for disposition by the the Public Debt within the Department through the use of automated collection heirs of deceased owners or Retirement of the Treasury is soliciting comments techniques or other forms of information Plan and/or Individual Retirement concerning the Creditor’s Consent To technology; and (e) Estimates of capital bonds. Disposition Of United States Securities or start-up costs and costs of operation, Current Actions: None. And Related Checks Without maintenance, and purchase of services Type of Review: Extension. Administration Of Deceased Owner’s to provide information. Affected Public: Individuals or Estate. households. Dated: March 13, 2000. Estimated Number of Respondents: DATES: Written comments should be Vicki S. Thorpe, 50. received on or before May 19, 2000, to Manager, Graphics, Printing and Records Estimated Time Per Respondent: 20 be assured of consideration. Branch. minutes. ADDRESSES: Direct all written comments [FR Doc. 00–6619 Filed 3–16–00; 8:45 am] Estimated Total Annual Burden to Bureau of the Public Debt, Vicki S. BILLING CODE 4810±39±U Hours: 17. Thorpe, 200 Third Street, Parkersburg, REQUEST FOR COMMENTS: Comments WV 26106–1328. submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY be summarized and/or included in the Requests for additional information or Bureau of the Public Debt request for OMB approval. All copies of the form and instructions comments will become a matter of should be directed to Vicki S. Thorpe, Proposed Collection: Comment public record. Comments are invited on: Bureau of the Public Debt, 200 Third Request (a) Whether the collection of Street, Parkersburg, WV 26106–1328, information is necessary for the proper (304) 480–6553. AGENCY: Bureau of the Public Debt, performance of the functions of the SUPPLEMENTARY INFORMATION: Department of the Treasury. agency, including whether the Title: Creditor’s Consent To ACTION: Notice and request for information shall have practical utility; Disposition Of United States Securities comments. (b) The accuracy of the agency’s And Related Checks Without estimate of the burden of the collection Administration Of Deceased Owner’s SUMMARY: The Department of the of information; (c) Ways to enhance the Treasury, as part of its continuing effort Estate. quality, utility, and clarity of the OMB Number: 1535–0055. to reduce paperwork and respondent information to be collected; (d) Ways to burden, invites the general public and Form Number: PD F 1050. minimize the burden of the collection of Abstract: The information is other Federal agencies to take this information on respondents, including opportunity to comment on proposed requested to obtain a creditor’s consent through the use of automated collection to dispose of savings bonds/notes in and/or continuing information techniques or other forms of information collections, as required by the settlement of a deceased owner’s estate technology; and (e) Estimates of capital without administration. Paperwork Reduction Act of 1995, or start-up costs and costs of operation, Public Law 104–13 (44 U.S.C. Current Actions: None. maintenance, and purchase of services Type of Review: Extension. 3506(c)(2)(A). Currently the Bureau of to provide information. the Public Debt within the Department Affected Public: Individuals or of the Treasury is soliciting comments Dated: March 13, 2000. businesses. concerning the Application For Vicki S. Thorpe, Estimated Number of Respondents: Disposition Of Retirement Plan and/or Manager, Graphics, Printing and Records 3,000 Individual Retirement Bonds Without Branch. Estimated Time Per Respondent: 6 Administration Of Deceased Owner’s [FR Doc. 00–6620 Filed 3–16–00; 8:45 am] minutes. Estimated Total Annual Burden Estate. BILLING CODE 4810±39±U Hours: 300. DATES: Written comments should be REQUEST FOR COMMENTS: Comments received on or before May 19, 2000, to DEPARTMENT OF THE TREASURY submitted in response to this notice will be assured of consideration. be summarized and/or included in the ADDRESSES: Direct all written comments Bureau of the Public Debt request for OMB approval. All to Bureau of the Public Debt, Vicki S. comments will become a matter of Proposed Collection: Comment Thorpe, 200 Third Street, Parkersburg, public record. Comments are invited on: Request WV 26106–1328. (a) Whether the collection of FOR FURTHER INFORMATION CONTACT: AGENCY: Bureau of the Public Debt, information is necessary for the proper Requests for additional information or Department of the Treasury. performance of the functions of the copies of the form and instructions ACTION: Notice and request for agency, including whether the should be directed to Vicki S. Thorpe, comments. information shall have practical utility; Bureau of the Public Debt, 200 Third (b) the accuracy of the agency’s estimate Street, Parkersburg, WV 26106–1328, SUMMARY: The Department of the of the burden of the collection of (304) 480–6553. Treasury, as part of its continuing effort information; (c) ways to enhance the SUPPLEMENTARY INFORMATION: to reduce paperwork and respondent quality, utility, and clarity of the

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Currently the Bureau of techniques or other forms of information 1 and PD F 5374 and 5374–1. the Public Debt within the Department technology; and (e) estimates of capital Abstract: The information is of the Treasury is soliciting comments or start-up costs and costs of operation, requested from the purchaser to issue concerning the Certificate of Ownership maintenance, and purchase of services Series EE/I Savings Bonds. of United States Bearer Securities. to provide information. Current Actions: None. Type of Review: Extension. DATES: Written comments should be Dated: March 13, 2000. Affected Public: Individuals or received on or before May 19, 2000, to Vicki S. Thorpe, households. be assured of consideration. Manager, Graphics, Printing and Records Estimated Number of Respondents: ADDRESSES: Direct all written comments Branch. 10,000,000. to Bureau of the Public Debt, Vicki S. [FR Doc. 00–6621 Filed 3–16–00; 8:45 am] Estimated Time Per Respondent: 5 Thorpe, 200 Third Street, Parkersburg, BILLING CODE 4810±39±U minutes. WV 26106–1328. Estimated Total Annual Burden Hours: 830,000. FOR FURTHER INFORMATION CONTACT: Requests for additional information or DEPARTMENT OF THE TREASURY REQUEST FOR COMMENTS: Comments copies of the form and instructions submitted in response to this notice will Bureau of the Public Debt should be directed to Vicki S. Thorpe, be summarized and/or included in the Bureau of the Public Debt, 200 Third request for OMB approval. All Proposed Collection: Comment Street, Parkersburg, WV 26106–1328, comments will become a matter of Request (304) 480–6553. public record. Comments are invited on: AGENCY: Bureau of the Public Debt, (a) Whether the collection of SUPPLEMENTARY INFORMATION: Department of the Treasury. information is necessary for the proper Title: Certificate of Ownership of ACTION: Notice and request for performance of the functions of the United States Bearer Securities. comments. agency, including whether the OMB Number: 1535–0102. information shall have practical utility; Form Number: PD F 1071. SUMMARY: The Department of the (b) the accuracy of the agency’s estimate Treasury, as part of its continuing effort of the burden of the collection of Abstract: The information is to reduce paperwork and respondent information; (c) ways to enhance the requested to establish ownership and burden, invites the general public and quality, utility, and clarity of the support a request for payment. other Federal agencies to take this information to be collected; (d) ways to Current Actions: None. opportunity to comment on proposed minimize the burden of the collection of Type of Review: Extension. and/or continuing information information on respondents, including Affected Public: Individuals or collections, as required by the through the use of automated collection businesses. Paperwork Reduction Act of 1995, techniques or other forms of information Public Law 104–13 (44 U.S.C. technology; and (e) estimates of capital Estimated Number of Respondents: 3506(c)(2)(A). Currently the Bureau of or start-up costs and costs of operation, 1,000. the Public Debt within the Department maintenance, and purchase of services Estimated Time Per Respondent: 30 of the Treasury is soliciting comments to provide information. minutes. concerning the Order For Series EE and Dated: March 13, 2000 Estimated Total Annual Burden Series I U.S. Savings Bonds, and Order Vicki S. Thorpe, Hours: 500. For Series EE and Series I U.S. Savings Manager, Graphics, Printing and Records REQUEST FOR COMMENTS: Comments Bonds To Be Registered In Name Of Branch. submitted in response to this notice will Fiduciary. [FR Doc. 00–6622 Filed 3–16–00; 8:45 am] be summarized and/or included in the DATES: Written comments should be BILLING CODE 4810±39±U request for OMB approval. All received on or before May 19, 2000, to comments will become a matter of be assured of consideration. public record. Comments are invited on: DEPARTMENT OF THE TREASURY ADDRESSES: Direct all written comments (a) Whether the collection of information is necessary for the proper to Bureau of the Public Debt, Vicki S. Bureau of the Public Debt Thorpe, 200 Third Street, Parkersburg, performance of the functions of the agency, including whether the WV 26106–1328. Proposed Collection: Comment information shall have practical utility; Request FOR FURTHER INFORMATION CONTACT: (b) The accuracy of the agency’s Requests for additional information or AGENCY: Bureau of the Public Debt, estimate of the burden of the collection copies of the form and instructions Department of the Treasury. of information; (c) Ways to enhance the should be directed to Vicki S. Thorpe, quality, utility, and clarity of the Bureau of the Public Debt, 200 Third ACTION: Notice and request for comments. information to be collected; (d) Ways to Street, Parkersburg, WV 26106–1328, minimize the burden of the collection of (304) 480–6553. SUMMARY: The Department of the information on respondents, including SUPPLEMENTARY INFORMATION: Treasury, as part of its continuing effort through the use of automated collection Title: Order For Series EE U.S. to reduce paperwork and respondent techniques or other forms of information Savings Bonds, Order For Series I U.S. burden, invites the general public and technology; and (e) Estimates of capital Savings Bonds, Order For Series EE U.S. other Federal agencies to take this or start-up costs and costs of operation, Savings Bonds To Be Registered In opportunity to comment on proposed maintenance, and purchase of services Name of Fiduciary, and Order for Series and/or continuing information to provide information.

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Dated: March 13, 2000. Estimated Total Annual Burden collection of information should be Vicki S. Thorpe, Hours: 20. received on or before May 16, 2000. Manager, Graphics, Printing and Records REQUEST FOR COMMENTS: Comments ADDRESSES: Submit written comments Branch. submitted in response to this notice will on the collection of information to [FR Doc. 00–6623 Filed 3–16–00; 8:45 am] be summarized and/or included in the Nancy J. Kessinger, Veterans Benefits BILLING CODE 4810±39±U request for OMB approval. All Administration (20S52), Department of comments will become a matter of Veterans Affairs, 810 Vermont Avenue, public record. Comments are invited on: NW, Washington, DC 20420. Please refer DEPARTMENT OF THE TREASURY (a) Whether the collection of to ‘‘OMB Control No. 2900–0178’’ in information is necessary for the proper any correspondence. Bureau of the Public Debt performance of the functions of the FOR FURTHER INFORMATION CONTACT: Proposed Collection: Comment agency, including whether the Nancy J. Kessinger at (202) 273–7079 or Request information shall have practical utility; FAX (202) 275–5947. (b) the accuracy of the agency’s estimate SUPPLEMENTARY INFORMATION: Under the ACTION: Notice and request for of the burden of the collection of PRA of 1995 (Pub. L. 104–13; 44 U.S.C., comments. information; (c) ways to enhance the 3501–3520), Federal agencies must quality, utility, and clarity of the obtain approval from the Office of SUMMARY: The Department of the information to be collected; (d) ways to Management and Budget (OMB) for each Treasury, as part of its continuing effort minimize the burden of the collection of collection of information they conduct to reduce paperwork and respondent information on respondents, including or sponsor. This request for comment is burden, invites the general public and through the use of automated collection being made pursuant to Section other Federal agencies to take this techniques or other forms of information 3506(c)(2)(A) of the PRA. opportunity to comment on proposed technology; and (e) estimates of capital With respect to the following and/or continuing information or start-up costs and costs of operation, collection of information, VBA invites collections, as required by the maintenance, and purchase of services comments on: (1) Whether the proposed Paperwork Reduction Act of 1995, to provide information. collection of information is necessary Public Law 104–13 (44 U.S.C. Dated: March 13, 2000. for the proper performance of VBA’s 3506(c)(2)(A). Currently the Bureau of Vicki S. Thorpe, functions, including whether the the Public Debt within the Department Manager, Graphics, Printing and Records information will have practical utility; of the Treasury is soliciting comments Branch. (2) the accuracy of VBA’s estimate of the concerning the Application For Issue Of [FR Doc. 00–6624 Filed 3–16–00; 8:45 am] burden of the proposed collection of United States Mortgage Guaranty BILLING CODE 4810±39±U information; (3) ways to enhance the Insurance Company Tax And Loss quality, utility, and clarity of the Bonds. information to be collected; and (4) DATES: Written comments should be ways to minimize the burden of the DEPARTMENT OF VETERANS collection of information on received on or before May 19, 2000, to AFFAIRS be assured of consideration. respondents, including through the use ADDRESSES: Direct all written comments [OMB Control No. 2900±0178] of automated collection techniques or to Bureau of the Public Debt, Vicki S. the use of other forms of information Thorpe, 200 Third Street, Parkersburg, Proposed Information Collection technology. Title: Monthly Certification of On-the- WV 26106–1328. Activity: Proposed Collection; Comment Request Job and Apprenticeship Training, VA FOR FURTHER INFORMATION CONTACT: Form 22–6553d. (NOTE: A reference to Requests for additional information or AGENCY: Veterans Benefits VA Form 22–6553d also includes VA copies of the form and instructions Administration, Department of Veterans Form 22–6553d–1 unless otherwise should be directed to Vicki S. Thorpe, Affairs. specified. VA Form 22–6553d–1 Bureau of the Public Debt, 200 Third ACTION: Notice. contains the same information as VA Street, Parkersburg, WV 26106–1328, Form 22–6553d.) (304) 480–6553. SUMMARY: The Veterans Benefits OMB Control Number: 2900–0178. SUPPLEMENTARY INFORMATION: Title: Administration (VBA), Department of Type of Review: Extension of a Application For Issue Of United States Veterans Affairs (VA), is announcing an currently approved collection. Mortgage Guaranty Insurance Company opportunity for public comment on the Abstract: The form is used by trainees Tax and Loss Bonds. proposed collection of certain and employers to report the number of Form Number: PD F 3871 information by the agency. Under the hours worked in on-the-job training Abstract: The information is used to Paperwork Reduction Act (PRA) of programs and apprenticeships, and to establish and maintain Tax and Loss 1995, Federal agencies are required to report terminations of training in such Bond Accounts. publish notice in the Federal Register programs. VA uses the information to Current Actions: The current concerning each proposed collection of determine whether a trainee’s education collection is used to establish Tax and information, including each proposed benefits are to be continued, changed or Loss Bond Accounts. The additional extension of a currently approved terminated, and the effective date of information will allow for Direct collection and allow 60 days for public such action. VA is authorized to pay Deposit (ACH) for payments. comment in response to the notice. This education benefits to veterans and other Type of Review: New notice solicits comments on the eligible persons pursuing approved Affected Public: Business or other for- information needed to determine a programs not leading to a standard profit. claimant’s continuing eligibility for college degree under Title 38, U.S.C., Estimated Number of Respondents: 80 education benefits. Chapters 32 and 35, Title 10, U.S.C., Estimated Time Per Respondent: 15 DATES: Written comments and Chapter 1606, and Public Law 96–342, minutes. recommendations on the proposed Section 903. Benefits are authorized

VerDate 132000 14:36 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\17MRN1.SGM pfrm01 PsN: 17MRN1 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14649 monthly based upon the number of form, may be filed before or within 10 12 p.m. hours worked by the trainee and days after the meeting. Oral statements Lunch verified by the training establishment. will be heard at 9 a.m. Tuesday, April 1:30 p.m. Unscheduled terminations result in 4, 2000. Briefing: Veterans Health Administration Ms. Carole Turner, Director, Women termination of the award of benefits. Dated: March 9, 2000. Veterans’ Health Programs Reduction of hours worked to less than By direction of the Secretary. 2:30 p.m. a full-time work schedule results in Marvin R. Eason, Briefing: VA Homeless Initiative for reduction of benefits. The form is Women Veterans completed by the trainee and the Committee Management Officer. Ms. Joan Furey, Director, Center for training establishment to report to VA [FR Doc. 00–6644 Filed 3–16–00; 8:45 am] Women Veterans the number of hours worked and/or to BILLING CODE 8320±01±M 3:15 p.m. report the date of termination. Break Affected Public: Individuals or 3:45 p.m. General Discussion: Summit 2000 households, business or other for-profit, DEPARTMENT OF VETERANS AFFAIRS Joan A. Furey, Director, Center for Women not-for-profit institutions, and State, Veterans Local or Tribal Government. Advisory Committee on Women 5 p.m. Estimated Annual Burden: 15,975 Veterans, Notice of Meeting Adjourn hours. Wednesday, March 22 Estimated Average Burden Per The Department of Veterans Affairs Respondent: 10 minutes. gives notice under Public Law 92–463 8:30 a.m. Briefing: Native American Issues Frequency of Response: Monthly. that a meeting of the Advisory Estimated Number of Respondents: Ms. Connie Evans Committee on Women Veterans will be 9:30 a.m. 10,650. held on March 21–23, 2000, at the Number of Responses Annually: Site Visit Reports: Dr. Linda Schwartz, Department of Veterans Affairs, 810 Chair 95,850 Vermont Avenue, NW, Washington, DC. Tampa/Bay Pines: Doug Russell Dated: February 16, 2000. All meetings will be held in conference Fayetteville: Doug Russell By direction of the Secretary. room 230. Washington, DC: Joy Ilem, Karen Ray, Lory Manning Donald L. Neilson, The purpose of the Committee is to Houston: Bertha Cruz, Lois Johns Director, Information Management Service. advise the Secretary of Veterans Affairs Wichita: Sherry Blede [FR Doc. 00–6645 Filed 3–16–00; 8:45 am] regarding the needs of women veterans Leavenworth: Sherry Blede BILLING CODE 8320±01±P with respect to health care, 11 a.m. rehabilitation, compensation, outreach, Break and other programs and activities 11:15 a.m. DEPARTMENT OF VETERANS administered by the Department of Video—Female Anatomy: Diseases of the AFFAIRS Veterans Affairs designed to meet such Breast needs. The Committee will make VBN Satellite Broadcast Veterans' Advisory Committee on recommendations to the Secretary 12 p.m. Lunch Education, Notice of Meeting regarding such activities. 1:30 p.m. All sessions will be open to the General Discussion: 2000 Committee The Department of Veterans Affairs public. Those who plan to attend should gives notice that a meeting of the Report contact Ms. Maryanne Carson, Letter to Secretary: delay because of Veterans’ Advisory Committee on Department of Veterans Affairs, Center Summit Education, authorized by 38 U.S.C. for Women Veterans, 810 Vermont Committee Assignments 3692, will be held on April 3 and April Avenue, NW, Washington, DC 20420, at Linda Schwartz, Chairperson 4, 2000. The meeting will take place at (202) 273–6193. A tentative agenda 2 p.m. Subcommittee Meetings the offices of Servicemembers follows: Opportunity Colleges, 1307 New York 3:30 p.m. Avenue, Washington, DC, 9 a.m. to 4 Tuesday, March 21 Break 4 p.m. p.m. on Monday, April 3, and from 9 8 a.m. Full Committee—Subcommittee Reports a.m. to 12 p.m. Tuesday, April 4. The Welcome and Opening Remarks 5 p.m. New Member Orientation purpose of the Committee is to assist in Adjourn the evaluation of existing programs and Dr. Linda Schwartz, Chair services, and recommend needed 8:30 a.m. Thursday, March 23 programs and services. The focus of this The Honorable Togo D. West, Jr. 9 a.m. Secretary of Veterans Affairs General Discussion 2000 Report meeting will be ‘‘Partnership for Presentation of Appointment Certificates Veterans’ Education’’, increasing GI Bill 10 a.m. 9 a.m. General Discussion benefits for the 21st century, and Review: October 1999 Minutes increasing the access to Department of New Business Chair’s Update Next Meeting (after Summit) Veteran Affairs Regional Processing Dr. Linda Schwartz 11:30 a.m. Offices by colleges. 9:30 a.m. Break The meeting will be open to the Ethics Briefing 1 p.m. public. Those wishing to attend should Mr. Jeffrey Green, Office of the General Adjourn contact Mr. Bill Susling, Education Counsel 10:30 a.m. Dated: March 13, 2000. Policy and Program Administration, Break By direction of the Secretary. (phone 202–273–7187) prior to March 11 a.m. Marvin R. Eason, 28, 2000. Briefing: Veterans Benefits Administration Committee Management Officer. Interested persons may attend, appear Ms. Nora Egan, Deputy Under Secretary before, or file statements with the Mr. Robert Epley, Director, Compensation [FR Doc. 00–6643 Filed 3–16–00; 8:45 am] Committee. Statements, if in written and Pension Service BILLING CODE 8320±01±M

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Part II

Department of Agriculture Agricultural Marketing Service

7 CFR Part 57 Livestock and Grain Market News Branch: Livestock Mandatory Reporting; Proposed Rule

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DEPARTMENT OF AGRICULTURE action) must be received on or before with the information necessary to make April 17, 2000. intelligent and informed marketing Agricultural Marketing Service ADDRESSES: Send two copies of decisions. comments to John E. Van Dyke, Chief, Market News relies upon voluntary 7 CFR Part 57 Livestock and Grain Market News cooperation from the livestock, red Branch, Docket No. LS–99–18, Room meat, grain, and wool industry. In [No. LS±99±18] 2619–S; 1400 Independence Avenue; addition, Market News maintains SW., Washington, D.C. 20250–0252. voluntary working agreements with RIN 0581±AB64 Comments may also be sent by fax to many States to cooperatively collect and disseminate market information. Market Livestock and Grain Market News (202) 690–3732, by electronic mail to: [email protected], or filed via an News reporters collect information daily Branch: Livestock Mandatory by telephone, including talking directly Reporting on-line form through the AMS website at: http://www.ams.usda.gov/lsg/ with producers, packers, feedlot AGENCY: Agricultural Marketing Service, mprcomment.htm. State that your operators, retailers, distributors, brokers, USDA. comments refer to Docket No. LS–99– and other industry participants. Reporters are on site at major auctions ACTION: Proposed rule and invitation for 18. Comments received may be and terminal markets, gathering market comment. inspected at the above location between 8:00 a.m. and 4:30 p.m., Monday information first hand. Regular trips are SUMMARY: This proposed rule would through Friday, except holidays, or over made to observe livestock in feedlots, on establish a mandatory program of the AMS website at: http:// farms, ranches, and in packer holding reporting information regarding the www.ams.usda.gov/lsg/price.htm. pens. Meat packing and processing marketing of cattle, swine, lambs, and Comments sent to the above location facilities are visited to observe current products of such livestock under the that specifically pertain to the industry practices and conditions. ‘‘Livestock Mandatory Reporting Act of information collection and Reporters attend industry meetings, 1999.’’ This proposed rule requires the recordkeeping requirements of this seminars, and trade shows to keep reporting of market information by action should also be sent to the Desk abreast of the latest information. The certain livestock packers, and livestock Officer for Agriculture, Office of information collected by reporters is product processors and importers who Information and Regulatory Affairs, included in reports that are available to annually slaughter an average of Office of Management and Budget, all interested parties. These reports 125,000 cattle or 100,000 swine, or Washington, D.C. 20503. provide data on cattle, hog, sheep, and slaughter or process an average of FOR FURTHER INFORMATION CONTACT: John lamb sales, carlot meat sales of boxed 75,000 lambs. Importers who annually E. Van Dyke, Chief, Livestock and Grain beef, lamb, veal, and pork cuts, weekly import an average of 5,000 metric tons Market News Branch at (202) 720–6231, wool and mohair sales, and grain and of lamb are also required to report. fax (202) 690–3732, or e-mail feed sales. Currently, there are a total of These entities would be required to [email protected]. 800 individual reports which are released by Market News. Each day, the report the details of all transactions SUPPLEMENTARY INFORMATION: involving purchases of livestock and of livestock and red meat industry uses domestic and imported lamb carcasses Background these reports in conducting their business. Further, a wide range of users and imported lamb cuts, and the details Market News outside of and peripheral to the of all transactions involving domestic The current voluntary market news livestock and red meat industry depend and export sales of boxed beef cuts program for livestock is authorized on the information provided in these including branded product, sales of under the provisions of the Agricultural reports, including Federal and State domestic and imported boxed lamb cuts Marketing Act of 1946, as amended (7 governmental agencies, foreign including branded product, purchases U.S.C. 1621 et seq.). In the Agricultural governmental agencies, academia, of imported boxed lamb cuts including Marketing Act of 1946, Congress analysts, and news media. branded product, and lamb carcasses to declared that a sound, efficient, and The Livestock Mandatory Reporting the Agricultural Marketing Service privately operated system for Act of 1999 (Act) was enacted into law (AMS). This program is intended to distributing and marketing agricultural on October 22, 1999 (Pub. L. 106–78; provide information on pricing, products is essential. Furthermore, it is 113 Stat. 1188; 7 U.S.C. 1635–1636h) as contracting for purchase, and supply indispensable to the maintenance of full an amendment to the Agriculture and demand conditions for livestock, employment and to the welfare, Marketing Act of 1946 (7 U.S.C. 1621 et livestock production, and livestock prosperity, and health of the Nation. seq.). The Act provides for the products, that can be readily understood Agricultural products, capable of being mandatory reporting of market by producers, packers, and other market produced in great abundance, must be information by Federally inspected participants. marketed in an orderly manner and livestock processing plants which have DATES: Written comments on this efficiently distributed. Some of the slaughtered an average number of proposed rule must be received on or objectives of the Agricultural Marketing livestock during the immediately before April 17, 2000, and will be Act of 1946 are to improve marketing preceding 5 calendar years (125,000 for considered before the rule is made final. methods, reduce distribution costs, and cattle and 100,000 for swine), including The AMS has requested and received narrow the price spread between the any processing plant that did not approval from the Office of Management producer and consumer. Under the 1946 slaughter during the immediately and Budget for a 30-day comment Act, the Market News Program provides preceding 5 calendar years if the period on the information collection for the collection and dissemination of Secretary determines that the plant and recordkeeping requirements of this information to facilitate the orderly and should be considered a packer based on proposed rule. Accordingly, comments efficient marketing of agricultural the plant’s capacity. For entities that did on the information collection and products while aiding in the not slaughter during the immediately recordkeeping requirements (see maintenance of farm income. Market preceding 5 calendar years, such as a Paperwork Reduction Act section of this News provides all market participants new plant or existing plant that begins

VerDate 132000 14:47 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm01 PsN: 17MRP2 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14653 operations the AMS will project the which has never been reported under The program developed to collect and plant’s annual slaughter or production the existing voluntary reporting manage data received from those based upon the plant’s estimate of program. AMS anticipates that this entities required to report will ensure annual slaughter capacity to determine information will provide the basis for security of data transmission and which entities meet the definition of a newly published market news reports storage, and confidentiality of packer as defined in these regulations. not previously provided for under information that is maintained by AMS. The Act gives the Secretary the voluntary reporting, including reports During program development, AMS will latitude to provide for the reporting of covering the prior day swine market, include industry participants, as well as lamb information. The Agricultural forward contract and formula marketing technical experts, in discussions Marketing Service (AMS) is proposing arrangement cattle purchases, packer- regarding issues surrounding data in these regulations to require reporting owned cattle and sheep information, security and confidentiality. of market information by Federally sales and purchases of imported boxed In all cases, AMS intends to continue inspected lamb processing plants who lamb cuts, including branded product; to publish a mix of existing voluntary have slaughtered an average of 75,000 purchases of imported lamb carcasses; market reports along with the proposed head of lambs or processed an average and live lamb premiums and discounts. mandatory market reports where of 75,000 lamb carcasses during the In other instances, mandatory reporting duplication and inferential disclosure immediately preceding 5 calendar years. will provide information which is (disclosing information in such a way Additionally, a lamb processing plant already being provided under voluntary that the identity of a respondent can be that did not slaughter an average of reporting. This would include packer inferred) is not an issue. Any 75,000 lambs or process an average of direct purchases of slaughter cattle, duplication will be resolved with the 75,000 lamb carcasses during the packer sales of boxed beef and lamb cuts discontinuation of the voluntary report immediately preceding 5 calendar years including branded boxed cuts, packer version. will be required to report information if sales of lamb carcasses, and packer The Livestock Mandatory Reporting the Secretary determines the processing negotiated purchases of swine. AMS Act of 1999 (Act) plant should be considered a packer anticipates that, in such cases, the The Act establishes a program of based on its capacity. It is proposed that market reports reflecting this information regarding the marketing of an importer of lamb that, for any information will continue to be cattle, swine, lambs and products of calendar year, imported an average of published but the basis of the market such livestock. AMS is responsible for 5,000 metric tons of lamb meat products reports will become mandatory implementing the mandatory reporting per year during the immediately information. Lastly, many voluntary- of market information on livestock and preceding 5 calendar years report such based market news reports will not be lamb information as specified in these livestock products, which is contained affected by mandatory reporting, in Sections 211 through 256 of the Act. proposed regulations. Additionally, an including reports covering livestock importer that did not import an average The Sections on mandatory reporting of auction sales, packer sales of pork cuts livestock are divided into five Chapters. of 5,000 metric tons of lamb meat and byproducts, and grain trading. products during the immediately Chapter 1 and Chapter 2, Definitions preceding 5 calendar years will be Initially, AMS expects that mandatory and Administration, respectively, apply required to report information if the information will be reflected in market to all species of livestock and livestock Secretary determines that the person news reports on a national level. AMS products required to be reported. should be considered an importer based will start with the issuance of national Chapters 3, 4, and 5 apply to beef, on their volume of lamb imports. reports to ensure the confidentiality is swine, and lamb, respectively, and These packers and importers would preserved regarding the identity of except for lamb, establish the be required to report the details of all persons, including parties to a contract, requirements for mandatory reporting. transactions involving purchases of and proprietary business information. In AMS is proposing regulations in this livestock (cattle, swine, and lambs), time, when and where possible, these rulemaking to implement these sections lamb carcasses and lamb cuts, and the reports may be further refined and of the Act. details of all transactions involving subdivided to reflect regional and, The Act also directs the Secretary to domestic and export sales of boxed beef possibly, statewide markets. AMS encourage continued voluntary cuts including branded product, sales of anticipates that it would provide notice reporting by packers to which these boxed lamb cuts, including branded in the Federal Register and opportunity mandatory reporting requirements do product, and lamb carcasses to AMS. for public comment in such an instance. not apply. Other Agencies in the This information would be reported to Again, refinement and subdivision of Department are responsible for AMS according to the schedule reports will be made only where the implementing the remaining sections of established by the Act and these confidentiality can be preserved the Act. These sections include the regulations with purchases of swine regarding the identity of persons, following provisions. Section 257 of the reported three times each day, including parties to a contract, and Act provides for the compilation and purchases of cattle and lambs reported proprietary business information. In monthly publication of retail prices of twice each day, domestic and export order to effectively address the beef, pork, lamb, chicken, turkey and sales of boxed beef cuts including statistical disclosure issues surrounding veal and the initiation of a meat price branded boxed beef cuts reported twice reporting of data elements below the spreads report. The Act also contains each day, sales and purchases of lamb national level, AMS will consult with Related Beef Reporting Provisions, carcasses and boxed lamb cuts, appropriate experts in the field of Sections 921 through 924 which including branded boxed lamb cuts, to statistical disclosure limitation during provides for export certificates for meat be reported once daily, purchases of program development. During program and meat food products, and obtain imported lamb carcasses, and sales and development, AMS will also include information on imports of beef, beef purchases of imported lamb cuts once industry participants in discussions variety meats, and cattle. Related Swine weekly. regarding confidentiality issues Reporting Provisions, Sections 931 In some instances, mandatory surrounding data aggregation and through 934 calls for improving the hogs reporting will provide new information reporting. and pigs inventory report, the collection

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The Secretary will make the Marketing Contracts, Sections 221 and 100,000 swine per year for the morning report available to the public 222 require the establishment and preceding 5 calendar years or did not not later than 11:00 a.m. Central Time maintenance of a library or catalogue of slaughter swine during the preceding 5 and the afternoon report at 3:00 p.m. swine packer marketing contracts calendar years but is considered a Central Time on each reporting day. The Secretary will compile and issue offered to producers and a monthly packer based on plant capacity as a weekly noncarcass merit premium report of contracted swine numbers. determined by the Secretary, report report on the first reporting day of the market information to the Secretary. Cattle week not later than 5:00 p.m. Central The packer must report to the The Act requires that a cattle packer Time. This report is prepared from Secretary not later than 7:00 a.m. whose Federally inspected plant information furnished to the Secretary Central Time information on all swine slaughtered an average of at least by packers who must report not later purchased, priced, or slaughtered on the 125,000 cattle per year for the preceding than 4:00 p.m. Central Time on the first prior business day. The packer must 5 calendar years or did not slaughter reporting day of the week. The report all purchasing data including the cattle during the preceding 5 calendar information required includes each years but is considered a packer based number of swine purchased, swine category of standard noncarcass merit on plant capacity as determined by the scheduled for delivery and the base premiums and the amount in dollars per Secretary, report market information to price and purchase data for slaughtered hundred pounds of carcass weight paid the Secretary. They are required to swine for which a price has been to producers by the packer. report the prices for each type of cattle established. The information also Further, the Act provides that the purchase, categorized to clearly includes all slaughter data by class for Secretary review the information delineate imported from domestic the total number of swine slaughtered required to be reported by packers at market purchases, negotiated purchase, including information concerning the least once very two years. Also, the Act formula marketing arrangement, and net price, average net price, lowest net directs the Secretary to promulgate forward contract, the quantity of cattle, price, highest net price, average carcass regulations that specify additional categorized to clearly delineate weight, average sort loss, average information to be reported by packers if imported from domestic market backfat, average lean percentage, and the Secretary determines information purchases, purchased on a live weight total slaughter quantity. When a packer currently reported does not accurately basis and a carcass basis, the weight, the reports the average lean percentage and reflect the methods by which swine are quality grade, and premiums and whenever the packer changes the valued or priced, or account for the fact discounts. This information would be manner in which the average lean that packers that slaughter a significant reported twice a day not later than 10:00 percentage is calculated, the packer majority of the swine produced in the a.m. and 2:00 p.m. Central Time. The shall make available to the Secretary the United States no longer use backfat or Secretary will issue reports to the public underlying data, applicable lean percentage factors as indicators of of this information at least three times methodology and formulae, and price. each day. supporting materials used to determine The Act further requires that a packer the average lean percentage, which the Lamb report marketing information not later Secretary will convert to the carcass The Act gives the Secretary the than 9 a.m. Central Time on the first measurements or lean percentage of the authority to establish a mandatory lamb reporting day of each week for cattle swine of the individual packer to price reporting program that will bought by the type of purchase for the correlate to a common percent lean provide timely, accurate, and reliable prior week. In addition, packers must measurement. Additionally, the market information. The Secretary report weekly information on the first information to be reported includes proposes to establish a mandatory lamb reporting day not later than 9 a.m. packer purchase commitments, which price reporting program. Central Time for cattle purchased on a shall be equal to the number of swine The Act does not specify the formula or contract marketing scheduled for delivery to a packer for requirements for establishing a arrangement and slaughtered the prior slaughter each of the next 14 calendar mandatory lamb price reporting week. The Secretary will issue a public days. program as it does for cattle and swine. report not later than 10 a.m. Central The Secretary will publish the Accordingly, AMS proposes to establish Time on the first reporting day of the information in a prior day report not a mandatory lamb price reporting current slaughter week. later than 8:00 a.m. Central Time on the program based upon its extensive The Act also mandates that the packer reporting day on which the information knowledge of the lamb industry and report information on boxed beef cut is received from the packer. market news reporting of lamb. The sales to the Secretary at least twice each The Act also requires packers to Agency proposes the following reporting day not less frequently than report to the Secretary in the morning requirements for a mandatory lamb once before and once after 12:00 noon not later than 10:00 a.m. Central Time price reporting program. Central Time. This information includes and in the afternoon not later than 2:00 A lamb packer whose Federally the price per hundredweight, the p.m. Central Time each reporting day. inspected plant slaughtered or quantity in each lot of boxed beef cuts The information to be reported is the processed an average of at least the sold, information regarding the same for the morning and afternoon equivalent of 75,000 lambs each year for characteristics of each lot (i.e., domestic reports and includes an estimate of (1) the preceding 5 calendar years would vs. export sale, USDA Quality Grade, the total number of swine purchased by report to the Secretary twice daily the etc.), the type of beef cut and the trim each method of pricing, (2) the total price of each type of lamb purchase, specification. The Secretary will report number of swine purchased up until the negotiated purchase, formula marketing this information to the public twice time of reporting, and (3) the base price arrangements, forward contract, each reporting day. paid for all negotiated purchases of quantity of lamb purchased on live

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The Secretary would issue a lamb carcasses during the prior week sale, pricing, transportation, delivery, report to the public on this information including the type of purchase, the weighing, slaughter, or carcass not less than twice each day. quantity of each transaction, the characteristics of all livestock and Lamb packers would be required to estimated weight range of the carcasses, livestock products, as well as such report to the Secretary on a weekly basis the product delivery date, and the records or other information that is on the first reporting day of the week product nation of origin. Lamb necessary or appropriate to verify the information from the prior week. This importers would be required to report accuracy of information required to be information would include the quantity weekly, prices paid for boxed lamb cuts reported. Also, the Act provides that and certain carcass characteristics of during the prior week including the reporting entities would not be required lambs purchased through a negotiated quantity of each transaction, the type of to report new or additional information purchase, formula marketing purchase, the cut of lamb, the trim that they do not generally have available arrangement or forward contract that specification, branded product or maintain, or the provisions of which were slaughtered, the quantity and characteristics, the cut weight range, the would be unduly burdensome. carcass characteristics of packer owned product delivery date, and the product Further, the Act provides that the lamb that were slaughtered. Reported nation of origin. Finally, lamb importers Secretary may suspend any requirement information would include, by type of would be required to report weekly, if the Secretary determines that the purchase, the quantity of lamb prices received for sales of imported application of the requirement would be purchased on live weight and carcass boxed lamb cuts sold on the domestic inconsistent with the Act. weight basis that were slaughtered, the market during the prior week including Proposed Rule, New Part 57 of Title 7 quality grade, premiums and discounts the quantity of each transaction, the paid, dressing percentage, and shrink type of sale, the branded product This proposed rule would establish factor. In addition, a lamb packer would characteristics, the cut of lamb, the trim and add a new Part 57 to Title 7 of the be required to report the quantity and specification, the cut weight range, the Code of Federal Regulations, basis level for forward contracts, the product delivery date, and the product implementing the mandatory livestock range and average of intended nation of origin. reporting provisions of the Act. premiums and discounts, and the Accordingly, these regulations include Other Provisions of the Act Involving expected slaughter date. appropriate definitions; a description of The Secretary would make available Administration which entities would be required to to the public the information on the first The administrative provisions of the report market information; a description reporting day of the current slaughter Act set forth the requirements for of what information they would report, week. maintaining confidentiality regarding when they would report, and how they Packers would report information on the packer reporting of proprietary would report; a description of what daily transactions of carcass lamb each information and lists the conditions information the Secretary would make reporting day and sales of boxed lamb under which Federal employees can available to the public and when this cuts each reporting day. For transactions release such information. These information would be made available; of carcass lamb, the information would administrative provisions also establish an explanation of what records would include prices for sales, the type of sale, that the Secretary can make necessary be required to be maintained and made the branded product characteristics, the adjustments in the information reported available to the Secretary. quantity of each sale, the USDA grade, by packers and take action to verify the General Provisions trim specification, weight range, and information reported, and directs the delivery date. For sales of boxed lamb Secretary to report and publish reports Part 57 would implement the cuts, the packer would report the same by electronic means to the maximum provisions of the Act. Subpart A of Part information plus the quantity of boxes extent practical. The Act provides for 57, General Provisions, covers those of each cut and the weight range of each what constitutes violations of the Act, requirements pertinent to all aspects of cut. The Secretary will issue to the such as failure to report the required mandatory reporting. Section 57.10 public a report on carcass lamb sales information on time or failure to report details how packers and importers and boxed lamb cut sales once each accurate information. would be required to report information reporting day. The section on enforcement and how reporting will be handled over For any calendar year, a lamb establishes a civil penalty—$10,000— weekends and holidays. Electronic importer who imported an average of for each violation and provides for the reporting would be required for all 5,000 metric tons of lamb meat products Secretary’s issuance of cease and desist information collection. Electronic per year during the immediately orders. This section also provides for reporting would involve the transfer of preceding 5 calendar years would report notice and hearing of violations before data from a packer’s or importer’s to the Secretary weekly the prices paid the Secretary, judicial review, issuance existing electronic recordkeeping for imported lamb carcasses and boxed of an injunction or restraining order, system to a centrally located AMS lamb cuts, and the prices received for and establishes a civil penalty for failure electronic database. The packer or imported lamb cuts sold on the to obey a cease and desist order. importer would be required to organize domestic market. Additionally, an The fees section directs the Secretary the information in an AMS-approved importer that did not import an average to not charge or assess fees for the format before electronically transmitting of 5,000 metric tons of lamb meat submission, reporting, receipt, the information to AMS. products during the immediately availability, or access to published Once the required information has preceding 5 calendar years would also reports or information collected through been entered into the AMS database, it be required to report the above this program. would be aggregated and processed into information, if the Secretary determines The section on recordkeeping requires various market reports which would be that the person should be considered an each packer to make available to the released according to the daily and

VerDate 132000 14:47 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm01 PsN: 17MRP2 14656 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules weekly time schedule set forth in these capacity to determine which entities Federally inspected swine plant which proposed regulations. meet the definition of a packer as slaughtered an average of 100,000 head Section 57.11 identifies the defined in these regulations. of swine a year for the immediately recordkeeping requirements imposed by Section 57.101 discusses the daily preceding 5 calendar years. the Act and these regulations on packers reporting requirement for live cattle Additionally, the term includes any and importers. Reporting packers and transactions including what information processing plant that did not slaughter importers would be required to would be reported, when it would be swine during the immediately preceding maintain and to make available the reported, and when it would be 5 calendar years if the Secretary original contracts, agreements, receipts, published. Cattle plants covered under determines that the plant should be and other records associated with any the rule would report the details of their considered a packer based on its transaction relating to the purchase, cattle purchases twice each day to AMS capacity. sale, pricing, transportation, delivery, (once by 10:00 a.m. Central Time, and For entities that did not slaughter weighing, slaughter, or carcass once by 2:00 p.m. Central Time) and swine during the immediately preceding characteristics of all livestock. In would include all covered transactions 5 calendar years, such as a new plant or addition, they would be required to made up to within one half hour of the existing plant that begins operations, the maintain such records or other specified reporting time. Packers AMS will project the plant’s annual information as is necessary or completing transactions during the one slaughter or production based upon the appropriate to verify the accuracy of the half hour prior to the previous reporting plant’s estimate of annual slaughter information required to be reported time would report those transactions at capacity to determine which entities under these regulations. All of the above the next prescribed reporting time. The meet the definition of a packer as mentioned paperwork must be Secretary would publish the defined in these regulations. maintained by packers and importers for information not less than three times Section 57.201 discusses the daily at least 2 years. Further, packers would each day. Section 57.102 discusses the reporting requirement for live hog be required to maintain a record of the same types of requirements for weekly transactions including what information time of day a lot of cattle, swine, or live cattle reporting. Packers would be would be reported, when it would be lambs was purchased, either before required to report information regarding reported, and when it would be 10:00 a.m. Central Time, between 10:00 the prior slaughter week on the first published. a.m. and 2:00 p.m. Central Time, and reporting day of each week by 8:00 a.m. Swine packers required to report after 2:00 p.m. Central Time. However, Central Time. This information would under this rule would report the details to allow packers and importers time to be published by the Secretary on the of their swine purchases three times collect, assemble and submit the same day by 10:00 a.m. Central Time. each day including a prior day report information to AMS by the prescribed Finally under Subpart B, Section 57.103 not later than 7:00 a.m. Central Time, a deadlines, all covered transactions up to details the information required to be morning report not later than 10:00 a.m. within one half hour of the specified reported concerning sales of boxed beef Central Time, and an afternoon report reporting times would be reported. cuts including what would be reported, not later than 2:00 p.m. Central Time, Lastly, under Subpart A, Section when it would be reported, and when it including all covered transactions made 57.20 establishes general definitions of would be published. Cattle plants up to within one half hour of each terms used throughout the regulations producing boxed beef cuts would be specified reporting time. Packers which would be applicable to all required to report their domestic and completing transactions during the one subparts. export sales of boxed beef cuts half hour prior to the previous reporting time would report those transactions at Cattle including branded boxed beef cuts to AMS twice each reporting day, once by the next prescribed reporting time. This Subpart B of Part 57 states what is 10:00 a.m. Central Time and once by information would be published by the required to be reported in the cattle and 2:00 p.m. Central Time, including all Secretary each reporting day not later boxed beef sectors. Section 57.100 covered transactions made up to within than 8:00 a.m. Central Time, 11:00 a.m. establishes definitions of cattle terms one half hour of the specified reporting Central Time, and 3:00 p.m. Central used in Subpart B including the time. Cattle plants completing Time, respectively. Section 57.202 definition of packer which identifies transactions during the one half hour details the requirements for reporting which entities would be required to prior to the previous reporting time weekly swine information to AMS report under this proposed rule. In any would report those transactions at the including what would be reported, calendar year, the term cattle packer next prescribed reporting time. This when it would be reported, and when it includes any Federally inspected cattle information would be published twice would be published. On the first plant which slaughtered an average of each day by the Secretary. These plants reporting day of each week, not later 125,000 head of cattle a year for the would be required to reference the than 4:00 p.m. Central Time, packers immediately preceding 5 calendar years. USDA’s Livestock and Seed Program would be required to report information Additionally, the term includes any Institutional Meat Purchase on noncarcass merit premiums used and processing plant that did not slaughter Specifications (IMPS), Fresh Beef Series paid to producers during the prior cattle during the immediately preceding 100. slaughter week by category. This 5 calendar years if the Secretary information would be published on the Swine determines that the plant should be first reporting day of each week not later considered a packer based on its Subpart C of Part 57 lists the than 5:00 p.m. Central Time. capacity. requirements of swine reporting For entities that did not slaughter beginning with Section 57.200 which Lamb cattle during the immediately preceding establishes definitions for terms used Subpart D of Part 57 covers the 5 calendar years, such as a new plant or throughout the subpart including the mandatory reporting of lambs. The Act existing plant that begins operations the definition of packer which identifies gives the Secretary the authority to AMS will project the plant’s annual which entities would be covered under establish a mandatory lamb price slaughter or production based upon the the regulations. In any calendar year, reporting program but does not set forth plant’s estimate of annual slaughter the term swine packer includes any the requirements. AMS proposes to

VerDate 132000 14:47 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm01 PsN: 17MRP2 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14657 establish a mandatory lamb price both slaughterers and processors was reporting day of each week to be reporting program. included to ensure more comprehensive published by the Secretary on the same Section 57.300 provides definitions coverage of the lamb carcass and boxed day. Additionally, importers of boxed for terms used throughout Subpart D lamb cut markets, similar to what is lamb cuts would be required to report including definitions for packer and for currently being reported under details of their prior week sales of importer which identifies which entities voluntary reporting. imported boxed lamb cuts on the would be required to report under this Because imported products comprise domestic market including branded proposed rule. For any calendar year, 31% of the U.S. market, lamb importers product on the first reporting day of the term lamb packers includes any were included for more complete each week to be published by the Federally inspected lamb plant which information on lamb meat products Secretary on the same day. slaughtered or processed the equivalent being imported into the U.S., including of an average of 75,000 head of lambs the types, quantities, and prices of these OMB Control Numbers a year for the immediately preceding 5 products. Lastly, Subpart E of Part 57 covers the calendar years. Additionally, the term Section 57.301 covers the daily OMB control numbers for the includes any processing plant that did reporting requirements for live lamb information collection requirements not slaughter or process an average of transactions including what would be listed in Subparts B through D of Part 75,000 lambs during the immediately reported, when it would be reported, 57. All required information must be preceding 5 calendar years if the and when it would be published. Lamb reported to AMS in a standardized Secretary determines that the plant plants covered under the rule would format. The standardized format is should be considered a packer based on report the details of their live lamb embodied in 16 OMB-approved data the capacity of the processing plant. purchases twice each day to AMS, to collection forms. Copies of these 16 For entities that did not slaughter include all covered transactions made forms are included in Appendices at the lambs during the immediately preceding up to within one half hour of the end of this rule. Cattle packers would 5 calendar years, such as a new plant or specified reporting time. Lamb plants utilize six of these forms (Appendix A) existing plant that begins operations the completing transactions during the one when reporting information to AMS AMS will project the plant’s annual half hour prior to the previous reporting including two for daily cattle reporting, slaughter or production based upon the time would report those transactions at three for weekly cattle reporting, and plant’s estimate of annual slaughter the next prescribed reporting time. The one for daily boxed beef cuts reporting. capacity to determine which entities Secretary would publish this Swine packers would utilize three forms meet the definition of a packer as information not less than twice each (Appendix B), two for daily reporting of defined in these regulations. day. Section 57.302 covers the same swine purchases and one for weekly For any calendar year, the term lamb type of information for weekly reporting reporting of non-carcass merit premium importer includes any importer that of live lamb transactions. Packers would information. Lamb packers would imported an average of 5,000 metric be required to report information utilize seven of these forms (Appendix tons of lamb meat products per year regarding the prior slaughter week on C) when reporting information to AMS during the immediately preceding 5 the first reporting day of each week to including two for daily lamb reporting, calendar years. Additionally, for any be published by the Secretary on the three for weekly lamb reporting, one for calendar year, the term importer same day. Finally, Section 57.303 covers daily and weekly boxed lamb cuts includes any lamb importer that did not the reporting requirements for reporting and one for daily and weekly import an average of 5,000 metric tons transactions of domestic and imported lamb carcass reporting. Lamb importers of lamb meat products during the lamb carcasses and boxed lamb cuts would utilize two of these forms when immediately preceding 5 calendar years including what would be reported, reporting information to AMS including if the Secretary determines that the when it would be reported, and when it one for reporting weekly imported lamb person should be considered an would be published. Packers would be carcass and one for reporting weekly importer based on their volume of lamb required to report details of their imported boxed lamb cut purchases and imports. domestic transactions of carcass lambs sales. For importers of lamb carcasses and once each day and the Secretary would Executive Order 12866 cuts, AMS will annually review import publish the information once each day. lamb volume data obtained from the Packers would be required to report Although not economically United States Customs Service to details of their domestic sales of boxed significant, this rule has been determine which importers are required lamb cuts, including branded product. determined to be significant for the to report imported lamb carcasses and This information would be published purposes of Executive Order 12866, and boxed lamb cut purchase information once each day. These plants would be therefore, has been reviewed by the and boxed lamb cut sales information required to reference the USDA’s Office of Management and Budget under these regulations. Livestock and Seed Program (OMB). Regulations must be designed in Entities covered under the 75,000 per Institutional Meat Purchase the most cost-effective manner possible year provision represent nearly all lamb Specifications (IMPS), Fresh Lamb and to obtain the regulatory objective while packers and processors which currently Mutton Series 200. imposing the least burden on society. contribute to voluntary reporting. The Importers of lamb carcasses would be AMS has prepared a Regulatory Impact lamb packer definition varies from that required to report the required Assessment (RIA) consisting of a of the cattle and swine definitions in information of their prior week statement of the need for the proposed that it includes entities that process as imported lamb carcass purchases on the action, an examination of alternative well as slaughter. The trading of lamb first reporting day of each week to be approaches, and an analysis of the carcasses continues to be a mainstay of published by the Secretary on the same benefits and costs. A complete analysis the industry and many of the major day. Importers of boxed lamb cuts of the number of affected entities and processors of lamb carcasses into boxed would be required to report the required the required volume of reporting is lamb cuts do not slaughter but, rather, information of their prior week discussed under the Paperwork purchase carcasses from slaughterers. imported boxed lamb cut purchases Reduction Act section following this The 75,000 head per year provision for including branded product on the first section.

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Need for Proposed Action Most major packers provide market cash prices. This was the As stated in the background section, information daily to Market News on situation in late 1998. currently, packers are not required to cash prices and total numbers of Many market participants were no longer able to obtain the actual purchase report prices or the terms of sale for the livestock involved in transactions. This prices of hogs on which to base their animals they buy from producers. does not provide full coverage of marketing decisions. Even the large farm Rather, AMS collects information on animals purchased. Market News producers were unable to evaluate daily sales and price information from estimates that 60–65 percent of all contracts because of the unknown packers and others on a voluntary basis. slaughter steer and heifer transactions, premium/discount schedules, which However, in recent years more animals 25 percent of slaughter hog transactions, may be different in each marketing are now being transacted under and 60 percent of all slaughter lamb transactions are reported daily through agreement. These circumstances helped marketing arrangements where neither the voluntary process. The remaining to galvanize industry support for the arrangements nor the final purchase 35–40 percent of cattle transactions, 75 mandatory reporting and industry prices are publicly disclosed. While percent of the hog transactions, and 40 groups worked throughout the latter half some of these marketing arrangements percent of the lamb transactions, which of 1999 to fashion a mandatory are using publicly reported prices as a are not reported voluntarily, represent reporting proposal. base, many use the base price plus a private marketing arrangements. As During the same time period, the premium and a premium/discount private marketing agreements become General Accounting Office (GAO) was schedule depending upon the quality of more prevalent, the number of reported requested by members of Congress to the carcass. Current market price reports transactions will further shrink and the conduct a study on USDA’s pork price do not capture these pricing accuracy and completeness of the reporting system. The study found that mechanisms. information for U.S. marketings will USDA’s current methods for reporting Likewise, importers of lamb carcasses erode. farm and retail prices did not accurately and cuts are not required to report Various groups have asked for reflect actual prices for all methods of purchases and sales of such imported mandatory price reporting of livestock purchase. During periods of plentiful products. products, arguing that fewer publicly hog supplies, packers frequently pay a In recent years, the livestock industry reported marketing arrangements make lower price for hogs procured through has undergone fundamental changes it difficult for producers to determine the spot market than those procured by due to economies of size at both the the actual prevailing purchase prices of contract. However, the study did point producer and packer level. These livestock. The pressure for mandatory out spot market hogs are of generally changes are reflected in the structure reporting has steadily increased in lower quality and more variable in and marketing practices used today. recent years, though prior attempts to weight and availability which may Today, four firms slaughter about 80 pass mandatory reporting legislation explain why packers are willing to pay percent of all fed cattle, about 55 have been unsuccessful, largely due to a premium for a stable flow of hogs with percent of all hogs, and about 80 percent a lack of broad, unified support from the consistent quality and weights. of all lambs. On the producer side, industry. Over the past couple of years, Ultimately, Congress passed the about 105 feedlots account for about 39 reported price levels for cattle, hogs, Livestock Mandatory Reporting Act of percent of feedlot cattle marketings, the and lambs have run below the 5-year 1999 (Act) which seeks to provide more remaining 104,000 feedlots account for average leading some to argue that it transparency in the price discovery 61 percent of the marketings. About was due to market forces of supply and process and, thereby, to encourage 2,005 hog operations control about 47 demand or lower quality animals in the competition in the marketplace for percent of the hog inventory and the cash market. In the fall of 1998, livestock and livestock products. By remaining 90,000 farms hold 53 percent. slaughter plants operated at full mandating reporting, the Act seeks to To assure the packers consistent capacity and reported cash hog prices provide more market information to all quantities and quality of animals, many reached a 30 year low. During this market participants. These proposed of the larger producers, often at a period, producers and policy officials regulations would implement the Act. It premium price, will enter into private were looking for accurate and timely would require packers to provide to marketing agreements with the packers. market information to guide their Market News the terms of all their The packer is assured of larger lots, decisions. A true hog price picture livestock purchases, including those scheduled delivery, and consistent eluded them as a large amount of obtained through private marketing quality animals yielding meat with unreported transactions kept market arrangements. Moreover, it would characteristics desired by consumers. news from being able to report the require processors of boxed beef and The producer gets a higher price than in actual purchase price of hogs. lamb cuts, breakers of lamb carcasses, the traditional open markets and Private marketing arrangements or and importers of lamb carcasses and reduced transaction costs. otherwise coordinated agreements boxed lamb cuts to report all Rather than buy and sell on the open between hog producers and slaughter transactions. market, many large slaughtering firms plants are increasingly the norm. As a In some instances, mandatory increasingly feed their own animals or result, spot-market demand for slaughter reporting will provide new information utilize private marketing arrangements, hogs is greatly influenced by slaughter which has never been reported under such as forward contracts, formula capacity utilization. When the available the existing voluntary reporting pricing, and exclusive purchase supply of slaughter hogs exceeds the program. AMS anticipates that this agreements—for which prices and terms designed plant capacity, slaughter costs information will provide the basis for of sale are not publicly disclosed. The rise as packers turn to overtime labor. newly published market news reports procurement methods make it difficult To compensate for sharply higher labor not previously provided for under for producers, particularly smaller ones, costs, slaughter plants lower their bids voluntary reporting, including reports who utilize open cash markets or wish for slaughter hogs on the public cash covering the prior day swine market, to consider alternative marketing markets. This reduces demand for the forward contract and formula marketing arrangements, to determine the actual uncontracted supply of slaughter hogs arrangement cattle purchases, packer- purchase prices of livestock. and is reflected in sharply lower spot owned cattle and sheep information,

VerDate 132000 14:47 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm01 PsN: 17MRP2 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14659 sales and purchases of imported boxed complying with the publication time- information would encourage lamb cuts, including branded product; frames set forth in the Act. However, competition in the marketplace while purchases of imported lamb carcasses; AMS may provide for an exception to providing participants with the ability and live lamb premiums and discounts. electronic reporting in emergencies or in to make more informed marketing In other instances, mandatory reporting cases when an alternative is agreeable to decisions. will provide information which is AMS and the reporting entity. The Although quantities and prices of already being provided under voluntary major cost of complying with this production inputs are obtained by reporting. This would include packer proposed rule involves the information surveys and production costs are direct purchases of slaughter cattle, collection and reporting process. The derived, the question remains as to how packer sales of boxed beef and lamb cuts information collection and reporting to value the output in a complex including branded boxed cuts, packer process is explained in the Summary of marketing environment. Producers sales of lamb carcasses, and packer Costs Section and is referenced in would benefit from the increase in negotiated purchases of swine. AMS Section 57.10(f) Reporting Methods. We information brought about by anticipates that, in such cases, the are inviting comments concerning both mandatory reporting by being able to market reports reflecting this the potential cost burden and methods consider more detailed market reports information will continue to be for expediting information collection. In and previously unavailable data on non- published but the basis of the market particular, we are interested in any costs cash market livestock procurements. reports will become mandatory not discussed in the analysis and any These reports would better reflect the information. Lastly, many voluntary- additional electronic reporting methods overall supply and demand situation of based market news reports will not be that may provide greater cost the marketplace and would allow affected by mandatory reporting, efficiencies to the industry as a whole. producers to better determine prevailing including reports covering livestock A complete discussion of the cost market prices, conditions, and auction sales, packer sales of pork cuts analysis can be found in the summary arrangements pertinent to the marketing and byproducts, and grain trading. of costs section. process. Collectively, the new mandatory Summary of Benefits Summary of Costs information and the current voluntary information will provide more Many producers contend that they The proposed regulations have been transparency in the price discovery cannot obtain the market information designed to achieve the regulatory process and, thereby, encourage needed to easily and quickly compare objectives in as cost-effective manner as competition in the marketplace for marketing possibilities available from possible. To the extent practicable, they livestock and livestock products. different packers. This information is draw upon current industry practices in needed for producers to devise a order to minimize the burden to the Alternatives marketing strategy that obtains the best industry. The regulatory objective is to As required by E.O. 12866, various possible prices for their livestock. increase the amount of information methods were considered by which the Private advisory services would be able available to participants in the objectives of the rule could be to provide a more in depth analysis to marketplace for livestock and livestock accomplished. Most private marketing clients about alternative marketing products by mandating reporting of reporting services rely on basic AMS strategies. In addition, producers selling market information by certain members livestock prices and organize the data in under a private marketing agreement of the industry. Methods of a particular way for a client. Further, the need benchmark prices and terms to accomplishing the required information Act directs the Secretary to, the evaluate their particular agreement to collection in the most timely manner maximum extent practicable, provide assure an equitable price for their while minimizing the opportunity for for the reporting and publishing of livestock. Furthermore, the growth of errors and maximizing existing systems information by electronic means. private marketing arrangements in the and processes were contemplated. However, in developing these proposed red meat industry and declining Electronic transfer of data from the regulations AMS did consider other participation in the public markets reporting entity to the Agency was means by which the objectives of this make it difficult for producers to chosen as the least cost reporting proposed rule could be accomplished, determine prevailing market prices. method to accomplish all of the including reporting the required Mandatory reporting would require objectives of mandatory information information by telephone, facsimile, and packers to provide USDA all terms of collection. regular mail. AMS believes these their marketing contracts. AMS considered other alternatives for alternatives are not capable of meeting The implementation of this proposed firms lacking electronic data transfer the program objectives, especially rule would improve the price and capabilities, such as faxing the required timely reporting. The Act prescribes supply reporting services of the USDA. information to a Market News office for specific times that reporting entities In addition, participants in the hand data entry. This was rejected must report to AMS. Similarly, the Act marketplace for livestock and livestock because of the costs to both the prescribes specific times for publication products would be able to easily respondent and to AMS, the amount of of a report by AMS. AMS believes monitor price and market conditions. time required with this alternative is electronic submission to be the only The price discovery process would unworkable given the short time-frames method capable of allowing for AMS to become more transparent ensuring equal required for public dissemination. collect, aggregate and publish reports market information access for all However, there would be an exception while complying with the specific time- participants. The increased in emergencies or in cases when an frames set forth in the Act. AMS transparency would more clearly alternative method is agreeable to AMS believes it would not be possible for the transmit market signals about qualities and the reporting entity. Agency to receive information over the first buyers demand thereby rewarding Electronic data transmission of telephone, facsimile or regular mail and producers who produce animals that information is accomplished using an then transcribe the information into yield the meat consumers desire with a interface with an existing electronic electronic format before aggregating and higher price. The increase in the record keeping system. In most cases, publishing the information while still quantity and quality of available market the information packers and importers

VerDate 132000 14:47 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm01 PsN: 17MRP2 14660 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules are required to report already exists in to average $50.00 for a total cost, on estimated to be $7,420 per plant, $5,308 internal computerized record keeping average, of $750.00. Those companies for hog packers, $6,042 for sheep systems. Packers and importers would not having in-house computer personnel slaughtering plants, and $2,404 for lamb provide for the translation of the would incur such costs as are necessary importers. Using 1998 federally information from their existing to bring in outside computer inspected slaughter data; the cost per electronic recordkeeping system into the programmers to accomplish the task. animal slaughtered would decline as required AMS standardized format. The Agency would estimate this cost to slaughter volume increased. The smaller Once accomplished, the information be from $750.00 to $1,000.00. cattle packers would have the highest would be electronically transmitted to The respondent reporting costs vary reporting cost per head slaughter, while AMS where it would be automatically widely by species and the size of lots the largest hog slaughtering firms would loaded into an AMS database. We purchased. Section 251 (c) General have the lowest. Based on a preliminary estimate that the cost in terms of time Provisions Reporting by Packers analysis by specie, cost for cattle would and money for this alternative is in the requires packers to report all be 0.012 dollars per head, swine 0.002 initial creation of the interface. We information required under this subtitle dollars per head, sheep 0.013 dollars per estimate that the creation of this on an individual lot basis. Therefore, head, and lamb importers 0.097 dollars interface by in-house computer larger lots bought by the larger packers per metric ton. Comments on costs are personnel would require an industry would result in a lower reporting cost requested, particularly as they relate to average of 15 hours per respondent. per head slaughtered. Respondent size of operation are being sought. See Further, we estimate the cost per hour reporting costs of cattle packers are Table 1 Respondent Cost.

TABLE 1.ÐRESPONDENT COST

Head Respondent Cost per Size Group Plants (1,000) cost dollars head dollars

Respondent cost per head slaughtered, Cattle 1998

1±124,999 (Exempted) ...... 746 3480.4 0 0 125,000±199,999 ...... 7 1,365.5 50,449 0.036945 200,000±299,999 ...... 11 2,695.8 79,277 0.029408 300,000±499,999 ...... 8 3,335.6 57,656 0.017285 500,000±999,999 ...... 9 5,856.6 64,863 0.011075 1,000,000±1,499,999 ...... 11 13,245.7 79,277 0.005985 1,500,000+ ...... 3 4,673.6 21,621 0.004626

Total (Subject to regulation) ...... 49 31,172.8 353,143 0.011329

Respondent cost per head slaughtered, Hogs 1998

1±99,999 (Exempted) ...... 704 3,526.9 0 0 100,000±249,999 ...... 12 2,006.1 39,936 0.019907 250,000±499,999 ...... 4 1,367.7 13,312 0.009733 500,000±999,999 ...... 5 3,304.7 16,640 0.005035 1,000,000±1,499,999 ...... 3 4,396.5 9,984 0.002271 1,500,000±1,999,999 ...... 7 12,469.3 23,296 0.001868 2,000,000±2,999,999 ...... 11 24,333.3 36,608 0.001504 3,000,000±3,999,999 ...... 4 14,403.2 13,312 0.000924 4,000,000+ ...... 7 33,074.6 23,296 0.000704

Total (Subject to regulation) ...... 53 95,355.4 176,384 0.001850

Respondent cost per head slaughtered, Sheep, 1998

1±74,999 (Exempted) ...... 548 594.2 0 0 75,000±499,999 ...... 6 1,614.3 29,232 0.018108 500,000+ ...... 2 1,448.8 9,744 0.006726

Total (Subject to regulation) ...... 8 3063.1 38,976 0.012724

Respondent cost per metric ton (MT) imported, Lamb and mutton, 1998

Size Group Importers Metric tons Respondent Cost per ton imported cost dollars dollars

Under 5,000 MT (Exempted) ...... 371 6,684.3 0 0 5,000 MT and over ...... 5 26,738.4 2,600 0.097238429

Total (Subject to regulation) ...... 5 26,738.4 2,600 0.097238429

In addition to these costs to packers cost approximately $4.7 million in FY 2000, AMS is hiring additional staff, for submitting information, the 2000 and $5.9 million in FY 2001. In issuing regulations, and setting up an mandatory price reporting program will order to implement the program in FY electronic database to capture data and

VerDate 132000 14:47 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm01 PsN: 17MRP2 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14661 develop reports to begin in July. The 56 this proposed program would not affect all mandatory reporting programs staff years required to administer and exclude from participation any persons currently in effect by the States and the produce high quality mandatory price or groups, deny any persons or groups implementation of any mandatory reports include reporters, auditors, the benefits of the program, or subject reporting programs currently developed, clerical personnel, and computer any persons or groups to discrimination. in the process of being developed, or specialists. These employees will be Executive Order 13132 that may be developed at a later date. located in three AMS offices located With regard to consultation with across the country. Salary-related costs This proposed rule has been reviewed States, AMS has made sure that the in FY 2001 are estimated at $3.5 under Executive Order 13132, States are aware of the Act and AMS has million. Other costs include Federalism. This Order directs agencies engaged in formal and informal approximately $600 thousand for travel to construe, in regulations and discussions regarding the implications and transportation; $600 thousand for otherwise, a Federal statute to preempt of Federal livestock mandatory miscellaneous costs such as office State law only when the statute contains reporting with those States which either space, utilities, communications costs, an expressed preemption provision. currently have mandatory reporting printing, reimbursements to cooperating This proposed rule is required by the programs or are in the process of States, training, and office supplies; Livestock Mandatory Reporting Act of developing mandatory reporting $200 thousand for equipment, including 1999. Section 259 of the Act, Federal programs. Further, States and local computers, software, and licenses; and Preemption, states, ‘‘In order to achieve jurisdictions are expressly invited to $1 million for a computer systems the goals, purposes, and objectives of comment on this proposal as it relates contract to develop the database this title on a nationwide basis and to to the operation of State livestock and required to manage the data. avoid potentially conflicting State laws livestock products reporting programs. that could impede the goals, purposes, Executive Order 12988 or objectives of this title, no State or Regulatory Flexibility Act This proposal has been reviewed political subdivision of a State may In General under Executive Order 12988, Civil impose a requirement that is in addition Justice Reform, and is not intended to to, or inconsistent with, any This proposed rule has been reviewed have retroactive effect. States and requirement of this subtitle with respect under the requirements of the political divisions of States are to the submission or reporting of Regulatory Flexibility Act (RFA)(5 specifically preempted by section 259 of information, or the publication of such U.S.C. 601 et seq.). The purpose of the the Act from imposing requirements in information, on the prices and RFA is to consider the economic impact addition to, or inconsistent with, any quantities of livestock or livestock of a proposed rule on small business requirements of the Act with respect to products. entities. Alternatives, which would the submission or publication of For a number of years, States have accomplish the objectives of the rule information on the prices and quantities operated programs of voluntary market without unduly burdening small entities of livestock or livestock products. reporting of livestock and livestock or erecting barriers that would restrict Further, the Act does not restrict or products. Many of these programs have their ability to compete in the modify the authority of the Secretary to been operated in conjunction with the marketplace, have been evaluated. administer or enforce the Packers and USDA through Federal-State Regulatory action should be appropriate Stockyards Act, 1921 (7 U.S.C. 181 et agreements. Under these agreements, to the scale of the businesses subject to seq.); administer, enforce, or collect the USDA and the States work the action. The proposed collection of voluntary reports under the Act or any cooperatively to gather and disseminate information is necessary for the proper other laws; or access documentary information on the livestock markets performance of the functions of AMS evidence as provided under sections 9 within the State. Until now, all of these concerning the mandatory reporting of and 10 of the Federal Trade Commission programs have been based on voluntary livestock information. The Livestock Act (15 U.S.C. 49, 50). There are no reporting of market information. The Mandatory Reporting Act of 1999 administrative procedures that must be Act and these proposed regulations are requires AMS to collect and publish exhausted prior to any judicial not intended to have an effect on any livestock market information. The challenge to the provisions of this rule. voluntary market reporting programs required information is only available currently being operated by the States. directly from those entities required to Civil Rights Review However, recently, several States have report under the Act and by these AMS has considered the potential enacted legislation mandating, to proposed regulations and exists civil rights implications of this rule on various degrees, the reporting of market nowhere else. Therefore, this proposed minorities, women, or persons with information on transactions of cattle, rule does not duplicate market disabilities to ensure that no person or swine, and lambs conducted within that information reasonably accessible to the group shall be discriminated against on particular State. Currently, this includes Agency. the basis of race, color, sex, national the States of Iowa, Minnesota, Missouri, In formulating this proposed rule, origin, religion, age, disability, or Nebraska, and South Dakota. Of these, particular consideration was given to marital or family status. This included only Minnesota and South Dakota are reducing the burden on entities while those persons who are employees of collecting mandated market still achieving the objectives of the those entities required to participate and information. proposed regulation. Accordingly, those individuals who wish to use Section 259 of the Act, preempts thresholds were set which defined those information collected by this proposed States from imposing mandatory entities which would be required to mandatory program of information reporting requirements that are in report information on purchases of live regarding the marketing of cattle, swine, addition to or inconsistent with any cattle, swine, lambs, lamb carcasses, and lambs, and products of such livestock. requirement of this proposed rule with boxed lamb cuts including branded This proposed rule does not require respect to the collection and publication product, as well as information on affected entities to relocate or alter their of information on the prices and domestic and export sales of boxed beef operations in ways that could adversely quantities of livestock and livestock cuts including branded product, and affect such persons or groups. Further, products. This preemption clause would sales of lamb carcasses, boxed lamb cuts

VerDate 132000 14:47 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm01 PsN: 17MRP2 14662 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules including branded product, and during the immediately preceding 5 should be considered packers based on imported boxed lamb cuts including calendar years if the Secretary their capacity. Additionally, lamb branded product. determines that the person should be packers and lamb meat processors and In any calendar year, only Federally considered an importer based on the importers that did not slaughter or inspected cattle plants which volume of lamb imports would be process the equivalent of 75,000 head slaughtered an average of 125,000 head required to report. Some lamb plants per year or import 5,000 metric tons of of cattle a year for the immediately may also be importers. This accounts for lamb meat products per year during the preceding 5 calendar years are required approximately 16 out of 556 lamb plants immediately preceding 5 calendar years to report. Additionally, any cattle plant and importers or 2.9% of all Federally would be required to report if the that did not slaughter cattle during the inspected lamb plants and importers. Secretary determines that they should immediately preceding 5 calendar years Fully 93.8% of all cattle, 93.4% of all be considered an importer based on would be required to report if the swine, and 97.1% of all lamb plants in their volume of lamb imports. Secretary determines that the plant the U.S. would be exempted by this should be considered a packer based on proposed rule from reporting These packers and importers would its capacity. For entities that did not information. be required to report the details of all slaughter cattle during the immediately Accordingly, we also have prepared transactions involving purchases of preceding 5 calendar years, such as a an initial regulatory flexibility analysis. livestock, of lamb carcasses, and of new plant or existing plant that begins The RFA compares the size of meat import lamb carcasses and boxed lamb operations the AMS will project the packing plants to the Standard cuts including branded boxed lamb plant’s annual slaughter or production Industrial Code (SIC) to determine the cuts; and the details of all transactions based upon the plant’s estimate of percentage of small businesses within involving domestic and export sales of annual slaughter capacity to determine the meat packing industry. Under these boxed beef cuts including branded which entities meet the definition of a size standards, meat packing companies product, and sales of domestic boxed packer as defined in these regulations. with 500 or less employees are lamb cuts including branded product, This accounts for approximately 49 out considered small business entities. imported boxed lamb cuts including branded product and lamb carcasses to of 795 cattle plants or 6.2% of all Objectives and Legal Basis Federally inspected cattle plants. AMS. Cattle and swine information For any calendar year, any Federally The objective of this proposed rule is would be reported to AMS according to inspected swine plant which to improve the price and supply the schedule directed by the Act and slaughtered an average of 100,000 head reporting services of the Department of these proposed regulations with of swine a year for the immediately Agriculture in order to encourage purchases of swine reported three times preceding 5 calendar years would be competition in the marketplace for each day, purchases of cattle twice each required to report information. livestock and livestock products by day, and sales of domestic and exported Additionally, any swine plant that did increasing the amount of information boxed beef cuts, including branded not slaughter swine during the available to participants. This is product, reported twice each day. Lamb immediately preceding 5 calendar years accomplished through the establishment information would be reported to AMS if the Secretary determines that the of a program of information regarding according to the schedule mandated by plant should be considered a packer the marketing of cattle, swine, lambs, these proposed regulations with based on the capacity of the processing and products of such livestock as purchases of lambs reported twice each plant would be required to report. This specifically directed by the Act and day and sales and purchases of lamb accounts for approximately 50 out of these proposed regulations, as described carcasses reported once each day. 757 swine plants or 6.6% of all in detail in the background section. Previous week purchases of imported Federally inspected swine plants. Estimated Number of Small Businesses lamb carcasses and boxed lamb cuts In any calendar year, Federally including branded boxed lamb cuts inspected lamb plants which This proposed rule provides for the would be reported once weekly on the slaughtered the equivalent of an average mandatory reporting of market first reporting day of the week and sales of 75,000 head of lambs a year for the information by livestock packers who of imported boxed lamb cuts including immediately preceding 5 calendar years for any calendar year have slaughtered branded boxed lamb cuts would be would be considered a packer and a certain number of livestock during the reported once weekly on the first required to report. A packer includes a immediately preceding 5 calendar years. reporting day of the week. processing plant that purchases and This number is 125,000 head per year processes an average of 75,000 lamb for cattle and 100,000 head per year for The SIC size standard classifies a carcasses annually rather than slaughter swine. Lamb plants required to report small business in the meat packing live lambs. Additionally, any processing include those that for any calendar year industry as a company with less than plant that did not slaughter an average slaughter or process the equivalent of 500 employees. Although it is common of 75,000 lambs during the immediately 75,000 head per year during the in the red meat industry for larger preceding 5 calendar years if the immediately preceding 5 calendar years. companies to own several plants, some Secretary determines that the plant Additionally, for any calendar year lamb of which may employ less than 500 should be considered a packer based on importers that imported an average of people, those companies and lamb the capacity of the processing plant 5,000 metric tons of lamb meat products importers with a total slaughter plant would be required to report. per calendar year during the employment at all locations of less than For any calendar year, lamb importers immediately preceding 5 calendar years 500 are considered to be small that imported an average of 5,000 metric are also required to report details of businesses for the purposes of this tons of lamb meat products per year their purchases. For cattle and swine proposed rule even though individual during the immediately preceding 5 processing plants that have not plants are mandated to report as calendar years would be required to slaughtered livestock during the provided by the Act and these proposed report. Additionally, lamb importers immediately preceding 5 calendar years regulations. that did not import an average of 5,000 are also required to report if the For any calendar year, Federally metric tons of lamb meat products Secretary determines that the plants inspected beef plants required to report

VerDate 132000 16:27 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm08 PsN: 17MRP2 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14663 include those that slaughtered an products during the immediately information were required for each average of 125,000 head per year during preceding 5 calendar years if the purchase, as many as 10,500 individual the immediately preceding 5 calendar Secretary determines that the person pieces of information would have to be years. Also included are processing should be considered an importer based reported by each small beef packing plants that did not slaughter cattle on the volume of lamb imports, would plant each reporting day. In addition, during the immediately preceding 5 also be required to report. By this each of the small beef packing plants is calendar years but are determined to be definition, 16 individual companies required to report all domestic and a packer by the Secretary based on the including importers representing a total export sales of boxed beef cuts capacity of the processing plant. By this of 14 plants, would be required to report including branded product. On average, definition, approximately 30 individual information. Based on the SBA size each of these small entities slaughters beef packing companies representing 49 standard, all 14 of these lamb plants an estimated 700 head per day. Since individual plants would be required to would be considered small businesses most beef carcasses are usually report information to AMS. Based on with none employing more than 500 fabricated at the point of slaughter, each the SBA size standard, 10 of these 30 people. The figure of 14 plants required of these small beef packers would be beef packing companies would be to report represents 2.9% of the lamb processing about 700 beef cattle into considered small businesses, plants in the U.S. Nearly all of the boxed beef cuts each day. Normally, representing 10 plants that would be remaining 97.1% of lamb plants are boxed beef cut sales average about 200 required to report. The figure of 49 estimated to qualify as small businesses boxes per transaction and each head of plants required to report represents and are exempt from mandatory cattle equals 7 boxes. This would 6.2% of the cattle plants in the U.S. The reporting. represent 25 separate transactions remaining 93.8% of cattle plants, nearly Projected Reporting which, if 15 pieces of information were all estimated to qualify as small required per transaction, would business, are exempt from mandatory This proposed rule requires the translate into 375 pieces of information reporting. reporting of specific market information reported by each small beef packing For any calendar year, Federally regarding the buying and selling of business producing boxed beef each inspected pork plants required to report livestock and livestock products. The business day. AMS estimates the total include those that slaughtered an information would be reported to AMS annual burden on each small cattle average of 100,000 head per year during by electronic means. Electronic packer and boxed beef processing entity the immediately preceding 5 calendar reporting would involve the transfer of to be $7,420, including $5,590 for data from a packer’s or importer’s years. Also included are processing annual costs associated with electronic recordkeeping system to a plants that did not slaughter swine electronically submitting data and centrally located AMS electronic during the immediately preceding 5 $1,830 for the storage and maintenance database. The packer or importer would calendar years but are determined to be of electronic files that were submitted to be required to organize the information a packer by the Secretary based on the AMS. capacity of the processing plant. By this in an AMS-approved format before This figure was calculated by definition, approximately 29 individual electronically transmitting the estimating the time required to complete pork packing companies representing a information to AMS. the necessary data submission and total of 50 individual plants, would be Once the required information has factoring by the number of times required to report information to AMS. been entered into the AMS database, it reporting is required per day for an Based on the SBA size standard, 15 of would be aggregated and processed into estimated total of 260 reporting days in these 29 pork packing companies would various market reports which would be a year (see Paperwork Reduction Act be considered small businesses, released according to the daily and representing 15 individual plants that weekly time schedule set forth in these section for a complete, detailed would be required to report. The figure proposed regulations. discussion). of 50 plants required to report Information regarding the specific On average each week in 1999, 1.9 represents 6.6% of the swine plants in characteristics of each reported sale million swine were slaughtered. Pork the U.S. The remaining 93.4% of swine must be supplied by lot without plants identified as small businesses plants, nearly all estimated to qualify as aggregation. In order to adequately contributed an estimated 17,000 head small business, are exempt from describe and categorize each per day to this weekly slaughter with mandatory reporting. transaction, as many as fifteen separate each business contributing on average For any calendar year, lamb packers pieces of information are required to be an estimated 1,125 head per day, based required to report include those that reported. This information includes on publicly available figures. If each of slaughtered or processed the equivalent price, head count, weight, quality grade, these head were purchased in lots of of 75,000 head per year during each of and yield grade. The frequency one head each and 15 pieces of the immediately preceding 5 calendar respondents are required to report is 1 information were required for each years. Also included are processing to 3 times each reporting day depending purchase, 16,875 pieces of information plants that did not slaughter or process on the species and type of information would have to be reported by each small an average of 75,000 lambs during the required. pork packing plant per day. immediately preceding 5 calendar years In 1999, an average of 700,000 cattle Using the same methodology as but are determined to be a packer by the were slaughtered each week. Beef plants described above for cattle, AMS Secretary based on the capacity of the identified as small businesses estimates the total annual burden on processing plant. For any calendar year, contributed an estimated 7,000 head per each small swine packing entities to be an importer that imported an average of day, on average, to this weekly slaughter $5,308, including $3,478 for annual 5,000 metric tons of lamb meat products with each business contributing an costs associated with electronically per year during the immediately estimated 700 head per day on average submitting data and $1,830 for the preceding 5 calendar years would be based upon publicly available storage and maintenance of electronic required to report. Additionally, a lamb information. At a maximum, if each of files that were submitted to AMS. This importer that did not import an average these 700 cattle were purchased in lots estimate does not include costs of 5,000 metric tons of lamb meat of one head each and 15 pieces of associated with reporting sales of pork

VerDate 132000 14:47 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm01 PsN: 17MRP2 14664 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules products which would not be required negotiated at the time the contract was years. Packers and importers are not to be reported. entered into along with the particular required to report any other new or Sheep slaughter in 1999 averaged cut of lamb and the volume. During the additional information that they do not 70,000 head per week. All lamb plants time the contract is in effect, prices generally have available or maintain. contributing to this weekly slaughter are would not be expected to change from Further, they would not be required to identified as small businesses. On week to week but quantities might. keep any information that would prove average, these lamb plants each Assuming that an average importer unduly burdensome to maintain. The slaughtered an estimated 2,200 head per would purchase an average of 10 paperwork burden that would be day, based on publicly available different cut styles, each at a single imposed on the packers and importers information. If each of these lambs were price, from an average of 2 suppliers, is further discussed in the section purchased one at a time and 15 pieces AMS estimates that the weekly entitled Paperwork Reduction Act that of information were required for each reporting burden for each importer follows. transaction, 33,000 pieces of would include information for up to 20 In addition, we have not identified information would have to be reported different transactions. Each transaction any relevant Federal rules that are by each small lamb packing plant. In would require 7 pieces of information currently in effect that duplicate, addition, all lamb plants processing the including, price, quantity, cut, trim, overlap, or conflict with this rule. AMS equivalent of 75,000 lambs per year weight, delivery date, and nation of will continue to report market during each of the immediately origin, for a total of 140 separate pieces information collected through its preceding 5 calendar years, which are of information. voluntary market reporting program required to report, qualify as small AMS estimates the total annual provided the collection of such businesses. These plants would be burden on each small lamb packer information does not duplicate the required by regulation to report would be $6,042 including $4,212 for information collection requirements of information on their sales of boxed lamb annual costs associated with this proposed rule. cuts. It is estimated that negotiated sales electronically submitting data and Professional skills required for comprise the majority of all boxed lamb $1,830 for the storage and maintenance recordkeeping under this proposed rule cut sales. Based on publicly available of electronic files that were submitted to would not be different than those information, lamb plants processing AMS. already employed by the reporting lamb into boxed lamb cuts, on average, AMS estimates the total annual entities. Reporting would be process the equivalent of an estimated burden on each small importer of lamb accomplished using computers or 1,200 head per day. It is normal to be $2,404 including $574 for annual similar electronic means. AMS believes business practice that these lamb cuts cost associated with electronically the skills needed to maintain such are sold in units averaging between 25– submitting data and $1,830 for storage systems are already in place in those 150 boxes per transaction, representing and maintenance of electronic files that small businesses affected by this about 8–50 head of lambs (about 3 boxes were submitted to AMS. proposed rule. Comments are requested per head). At 1,200 head per day, there Normally, few packers buy livestock on the extent to which employees of could be as many as 150 transactions or livestock products in one head or one these small businesses already possess per day per reporting packer. Assuming head equivalent lots. Similarly, few the skills required to report and that each of these 150 transactions importers buy imported carcasses or maintain recordkeeping systems. imported lamb cuts in less than carlot required 15 pieces of information per Alternatives transaction, 2,250 pieces of information volumes. Therefore, the estimated would have to be reported by each small reporting burden described here would This proposed rule as directed by the lamb packing plant. reflect the maximum reporting burden Act requires cattle and swine packing In any calendar year, importers of on small businesses. plants of a certain size to report information to the Secretary at lamb meat products that imported an Projected Recordkeeping average of 5,000 metric tons of lamb prescribed times throughout the day and meat products per year during the Each packer and importer required to week. Further, lamb slaughter and immediately preceding 5 calendar years report information to the Secretary must processing plants and lamb importers of would be required to report the details maintain such records as are necessary a certain size are required by these of their purchases and sales of boxed to verify the accuracy of the information proposed regulations to report lamb cuts including branded product provided to AMS. This includes information to the Secretary at and their purchases of lamb carcasses to information regarding price, class, head prescribed times throughout the day and AMS on a weekly basis. Additionally, in count, weight, quality grade, yield week. These proposed regulations any calendar year, lamb importers that grade, and other factors necessary to already exempt many small businesses did not import an average of 5,000 adequately describe each transaction. by the establishment of daily slaughter, metric tons of lamb meat products These records are already kept by the processing, and import capacity during the immediately preceding 5 industry. Reporting packers and thresholds. Based on figures published calendar years if the Secretary importers are required by these by the National Agricultural Statistics determines that the person should be proposed regulations to maintain and to Service (NASS), there were 795 cattle, considered an importer based on the make available the original contracts, 757 swine, and 556 lamb Federally volume of lamb imports would be agreements, receipts, and other records inspected slaughter plants operating in required to report the above associated with any transaction relating the U.S. at the end of 1998. AMS information. AMS estimates that each of to the purchase, sale, pricing, estimates that approximately 49 cattle the 5 importers required to report transportation, delivery, weighing, plants would be required to report import, on average, 180 metric tons of slaughter, or carcass characteristics of information (6.2% of all Federally lamb products per week. AMS estimates all livestock. Reporting packers and inspected cattle plants), 50 swine plants that the majority of these imports are importers are also required to maintain would be required to report information contracted over a period of time, usually copies of the information provided to (6.6% of all Federally inspected swine from 3–6 months, possibly as much as AMS. All of the above-mentioned plants), and 16 lamb packers and 12 months. Price would normally be paperwork must be kept for at least 2 importers would be required to report

VerDate 132000 14:47 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\17MRP2.SGM pfrm01 PsN: 17MRP2 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Proposed Rules 14665 information (1.9% of all Federally accordance with 5 CFR Part 1320, we to the purchase, sale, pricing, inspected lamb plants and 1.3% of all include the description of the reporting transportation, delivery, weighing, lamb importers). Therefore, fully 93.8% and recordkeeping requirements and an slaughter, or carcass characteristics of of all cattle plants, 93.4% of all swine estimate of the annual burden on all livestock are stored and maintained plants, and 98.1% of all lamb packers packers required to report information as a matter of normal business practice and 98.7% of lamb importers would not under this proposed rule. Because there by these companies for a period in be required to report. is insufficient time for a normal excess of 2 years, additional annual AMS recognizes that a major clearance procedure, AMS has costs would be nominal. AMS estimates economic impact of this proposed rule requested emergency processing and the annual cost per respondent for the on those small entities required to received temporary approval from OMB storage of the electronic data files which report involves the manner in which for the use of the information collection were submitted to AMS in compliance information must be reported to the and recordkeeping requirements that we with the reporting provisions of this Secretary. However, in developing these propose to use to implement the proposed rule to be $1,830.00. This proposed regulations AMS did consider mandatory livestock reporting program estimate includes the cost of electronic other means by which the objectives of on an expedited basis. data storage media, backup electronic this proposed rule could be Title: Livestock Mandatory Reporting data storage media, and backup software accomplished, including reporting the Act of 1999. required to maintain an estimated required information by telephone, OMB Number: 0581–0186. annual electronic recordkeeping and facsimile and regular mail. AMS Expiration Date of Assessment: July backup burden of 42 megabytes, on believes these alternatives are not 31, 2000. average, per respondent. In addition, capable of meeting the program Type of Request: Extension. Abstract: The information collection this estimate includes the cost per objectives, especially timely reporting. employee to maintain such records The Act prescribes specific times that and recordkeeping requirements in this regulation would be essential to which is estimated to average 70 hours reporting entities must report to AMS. per year at $20.00 per hour for a total Similarly, the Act prescribes specific establishing and implementing a mandatory program of livestock and salary component cost of $1,400.00 per times for publication of a report by year. AMS welcomes any additional AMS. AMS believes electronic livestock products reporting. Based on the information available, AMS information from the industry regarding submission to be the only method such costs. capable of allowing for AMS to collect, estimates that there would be 49 beef aggregate and publish reports while packer plants, 50 pork packer plants, 11 In this proposed rule, information complying with the specific time-frames lamb packer plants and 5 lamb collection requirements include the set forth in the Act. AMS believes it importers that would be required to submission of the required information would not be possible for the Agency to report market information under this on a daily and weekly basis in the receive information over the telephone, proposed rule. These companies have standard format provided in the facsimile or regular mail and then similar recordkeeping systems and following forms: (1) Live Cattle Daily transcribe the information into business operation practices and Report (Current Established Prices), (2) electronic format before aggregating and conduct their operations in a similar Live Cattle Daily Report (Committed publishing the information while still manner. AMS believes that all of the and Delivered Cattle), (3) Live Cattle complying with the publication time- information required under this Weekly Report (Forward Contract and frames set forth in the Act. However, proposed rule can be collected from Packer-Owned), (4) Live Cattle Weekly AMS may provide for an exception to existing materials and systems and that Report (Formula Purchases), (5) Cattle electronic reporting in emergencies or in these materials and systems can be Premiums and Discounts Weekly cases when an alternative is agreeable to adapted to satisfy the proposed forms. Report, (6) Boxed Beef Daily Report, (7) AMS and the reporting entity. The PRA also requires AMS to measure Swine Prior Day Report, (8) Swine Daily AMS cannot envision an alternative to the recordkeeping burden. Under this Report, (9) Swine Noncarcass Merit the proposed method of data proposed rule, each packer and importer Premium Weekly Report, (10) Live transmission that would be less required to report must maintain and Lamb Daily Report (Current Established burdensome to small businesses. make available upon request for 2 years, Prices), (11) Live Lamb Daily Report Therefore, AMS is expressly seeking such records as would be necessary to (Committed and Delivered Lambs), (12) comment from those small businesses verify the accuracy of the information Live Lamb Weekly Report (Packer- covered by this proposed rule regarding required to be reported. These records Owned), (13) Live Lamb Weekly Report the burden imposed on them by this include original contracts, agreements, (Formula and Forward Contract program. Specifically, AMS is seeking receipts, and other records associated Purchases), (14) Lamb Premiums and comments on the reporting format, with any transaction relating to the Discounts Weekly Report, (15) Boxed including alternatives from small purchase, sale, pricing, transportation, Lamb Report, and (16) Lamb Carcass businesses that would be less delivery, weighing, slaughter, or carcass Report. Copies of these 16 forms are burdensome. AMS will work actively characteristics of all livestock. Under included in Appendices at the end of with those small businesses required to this proposed rule, the electronic data this rule. Cattle packers would utilize report to minimize the burden on them files which the packers would be six of these forms (Appendix A) when to the maximum extent practicable. required to utilize when submitting reporting information to AMS including information to AMS would have to be two for daily cattle reporting, three for Paperwork Reduction Act maintained as these files provide the weekly cattle reporting, and one for This proposed rule contains best record of compliance. The daily boxed beef cuts reporting. Swine recordkeeping and submission recordkeeping burden includes the packers would utilize three forms requirements that are subject to public amount of time needed to store and (Appendix B), two for daily reporting of comment and review by the Office of maintain records. AMS estimates that, swine purchases and one for weekly Management and Budget (OMB) under since records of original contracts, reporting of non-carcass merit premium the Paperwork Reduction Act of 1995 agreements, receipts, and other records information. Lamb packers would (PRA) (44 U.S.C. Chapter 35). In associated with any transaction relating utilize seven of these forms (Appendix

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C) when reporting information to AMS Estimated Number of Respondents: 49 Estimated Number of Respondents: 50 including two for daily lamb reporting, plants. plants. three for weekly lamb reporting, one for Estimated Number of Responses per Estimated Number of Responses per daily and weekly boxed lamb cuts Respondent: 52 (1 per week for 52 Respondent: 260 (1 per day for 260 reporting and one for daily and weekly weeks). days). lamb carcass reporting. Lamb importers Estimated Total Annual Burden on Estimated Total Annual Burden on would utilize two of these forms when Respondents: 637 hours. Respondents: 3,250 hours. reporting information to AMS including Total Cost: $12,740. Total Cost: $65,000. one for reporting weekly imported lamb 4. Live Cattle Weekly Report (Formula 8. Swine Daily Report: Form LS–119. carcass and one for reporting weekly Purchases): Form LS–116. Estimate of Burden: Public reporting imported boxed lamb cut purchases and Estimate of Burden: Public reporting burden for collection of information is sales. burden for collection of information is estimated to be .17 hours per These information collection estimated to be .25 hours per electronically submitted response. requirements have been designed to electronically submitted response. Respondents: Packer processing minimize disruption to the normal Respondents: Packer processing plants required to report information on business practices of the affected plants required to report information on live swine purchases to the Secretary. entities. Each of these forms requires the live cattle purchases to the Secretary. Estimated Number of Respondents: 50 minimal amount of information Estimated Number of Respondents: 49 plants. necessary to properly describe each plants. Estimated Number of Responses per reportable transaction, as required Estimated Number of Responses per Respondent: 520 (2 per day for 260 under this proposed rule. The number Respondent: 52 (1 per week for 52 days). of forms is a result of an attempt to weeks). Estimated Total Annual Burden on reduce the complexity of each form. Estimated Total Annual Burden on Respondents: 4,420 hours. 1. Live Cattle Daily Report (Current Respondents: 637 hours. Total Cost: $88,400. Total Cost: $12,740. Established Prices): Form LS–113. 9. Swine Noncarcass Merit Premium Estimate of Burden: Public reporting 5. Cattle Premiums and Discounts Weekly Report: Form LS–120. burden for collection of information is Weekly Report: Form LS–117. Estimate of Burden: Public reporting estimated to be .17 hours per Estimate of Burden: Public reporting burden for collection of information is electronically submitted response. burden for collection of information is estimated to be .25 hours per Respondents: Packer processing estimated to be .08 hours per electronically submitted response. plants required to report information on electronically submitted response. Respondents: Packer processing Respondents: Packer processing live cattle purchases to the Secretary. plants required to report information on plants required to report information on Estimated Number of Respondents: 49 live swine purchases to the Secretary. plants. live cattle purchases to the Secretary. Estimated Number of Respondents: 50 Estimated Number of Respondents: 49 Estimated Number of Responses per plants. plants. Respondent: 520 (2 per day for 260 Estimated Number of Responses per Estimated Number of Responses per days). Respondent: 52 (1 per week for 52 Respondent: 52 (1 per week for 52 Estimated Total Annual Burden on weeks). Respondents: 4,332 hours. weeks). Estimated Total Annual Burden on Estimated Total Annual Burden on Total Cost: $86,640. Respondents: 204 hours. Respondents: 650 hours. 2. Live Cattle Daily Report Total Cost: $4,080. Total Cost: $13,000. (Committed and Delivered 6. Boxed Beef Daily Report: Form LS– 10. Live Lamb Daily Report (Current Cattle): Form LS–114. 126. Established Prices): Form LS–121. Estimate of Burden: Public reporting Estimate of Burden: Public reporting Estimate of Burden: Public reporting burden for collection of information is burden for collection of information is burden for collection of information is estimated to be .17 hours per estimated to be .125 hours per estimated to be .17 hours per electronically submitted response. electronically submitted response. electronically submitted response. Respondents: Packer processing Respondents: Packer processing Respondents: Packer processing plants required to report information on plants required to report information on plants required to report information on live cattle purchases to the Secretary. domestic and export boxed beef cut live lamb purchases to the Secretary. Estimated Number of Respondents: 49 sales to the Secretary. Estimated Number of Respondents: 8 plants. Estimated Number of Respondents: 49 plants. Estimated Number of Responses per plants. Estimated Number of Responses per Respondent: 520 (2 per day for 260 Estimated Number of Responses per Respondent: 520 (2 per day for 260 days). Respondent: 520 (2 per day for 260 days). Estimated Total Annual Burden on days). Estimated Total Annual Burden on Respondents: 4,332 hours. Estimated Total Annual Burden on Respondents: 707 hours. Total Cost: $86,640. Respondents: 3,185 hours. Total Cost: $14,140. 3. Live Cattle Weekly Report (Forward Total Cost: $63,700. 11. Live Lamb Daily Report Contract and Packer-Owned): Form LS– 7. Swine Prior Day Report: Form LS– (Committed and Delivered Lambs): 115. 118. Form LS–122. Estimate of Burden: Public reporting Estimate of Burden: Public reporting Estimate of Burden: Public reporting burden for collection of information is burden for collection of information is burden for collection of information is estimated to be .25 hours per estimated to be .25 hours per estimated to be .17 hours per electronically submitted response. electronically submitted response. electronically submitted response. Respondents: Packer processing Respondents: Packer processing Respondents: Packer processing plants required to report information on plants required to report information on plants required to report information on live cattle purchases to the Secretary. live swine purchases to the Secretary. live lamb purchases to the Secretary.

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Estimated Number of Respondents: 8 information on boxed lamb cut costs of $2,400 consisting of 48 annual plants. purchases and sales to the Secretary. hours at $50 per hour) and $29,280 for Estimated Number of Responses per Estimated Number of Respondents: 14 the storage and maintenance of Respondent: 520 (2 per day for 260 entities (including 1 entity that both electronic files that were submitted to days). processes and imports). AMS. Estimated Total Annual Burden on Estimated Number of Responses per AMS is soliciting comments from all Respondents: 707 hours. Respondent: 260 (1 per day for 260 interested parties concerning the Total Cost: $14,140. days) for domestic packing plants; 52 (1 information collection and 12. Live Lamb Weekly Report (Packer- per week for 52 weeks) for importers. recordkeeping requirements contained Owned): Form LS–123. Estimated Total Annual Burden on in this proposed rule. Comments are Estimate of Burden: Public reporting Respondents: 434 hours for domestic specifically invited on the following: (1) burden for collection of information is packing plants and 43 hours for The accuracy of the agency’s burden estimated to be .25 hours per importers. estimate of the proposed collection of electronically submitted response. Total Cost: $8,680 for domestic information including the validity of the Respondents: Packer processing packing plants and $860.00 for methodology and assumptions used; (2) plants required to report information on importers for a total of $9,540.00. ways to minimize the burden of the live lamb purchases to the Secretary. 16. Lamb Carcass Report: Form LS– collection of information on those who Estimated Number of Respondents: 8 129. would be required to respond, including through the use of appropriate plants. Estimate of Burden: Public reporting electronic collection methods; (3) Estimated Number of Responses per burden for collection of information is whether the proposed collection of Respondent: 52 (1 per week for 52 estimated to be .167 hours per information is sufficient or necessary for weeks). electronically submitted response. the proper performance of the functions Estimated Total Annual Burden on Respondents: Packer processing of the agency as mandated by the Act; Respondents: 104 hours. plants and importers required to report and (4) ways to enhance the quality, Total Cost: $2,080. information on lamb carcass purchases utility, and clarity of the information to 13. Live Lamb Weekly Report and sales to the Secretary. be collected. Comments concerning the (Formula and Forward Contract Estimated Number of Respondents: 12 information collection and Purchases): Form LS–124. entities (including 1 entity that both recordkeeping requirements contained Estimate of Burden: Public reporting slaughters and imports). in this action should reference OMB burden for collection of information is Estimated Number of Responses per number 0581–0186 together with the estimated to be .25 hours per Respondent: 260 (1 per day for 260 date and page number of this issue of electronically submitted response. days) for domestic packing plants; 52 (1 the Federal Register and should be sent Respondents: Packer processing per week for 52 weeks) for importers. in duplicate to John E. Van Dyke, Chief, plants required to report information on Estimated Total Annual Burden on Livestock and Grain Market News live lamb purchases to the Secretary. Respondents: 347 hours for domestic Branch, Docket No. LS–99–18, Room Estimated Number of Respondents: 8 packing plants and 43 hours for 2619–S; 1400 Independence Avenue; plants. importers. SW., Washington, D.C. 20250–0252. Estimated Number of Responses per Total Cost: $6,940 for domestic Comments may also be sent by fax to Respondent: 52 (1 per week for 52 packing plants and $860.00 for (202) 690–3732, by electronic mail to: weeks). importers for a total of $7,800.00. [email protected], or filed via an Estimated Total Annual Burden on Estimated Total Annual Burden on on-line form through the AMS website Respondents: 104 hours. Respondents by Species: at: http://www.ams.usda.gov/lsg/ Total Cost: $2,080. Live Cattle and Boxed Beef: $363,560 mprcomment.htm. State that your 14. Lamb Premiums and Discounts including $273,890 for annual costs comments refer to Docket No. LS–99– Weekly Report: Form LS–125. associated with electronically submitted 18. Comments received may be Estimate of Burden: Public reporting responses (13,327 annual hours @ inspected at the above location between burden for collection of information is $20.00 per hour plus initial electronic 8:00 a.m. and 4:30 p.m., Monday estimated to be .08 hours per data transfer setup costs of $7,350 through Friday, except holidays, or over electronically submitted response. consisting of 147 annual hours at $50 the AMS website at: http:// Respondents: Packer processing per hour) and $89,670 for the storage www.ams.usda.gov/lsg/price.htm. plants required to report information on and maintenance of electronic files that Comments sent to the above location live lamb purchases to the Secretary. were submitted to AMS. should also be sent to the Desk Officer Estimated Number of Respondents: 8 Live Swine: $265,400 including for Agriculture, Office of Information plants. $173,900 for annual costs associated and Regulatory Affairs, Office of Estimated Number of Responses per with electronically submitted responses Management and Budget, Washington, Respondent: 52 (1 per week for 52 (8,320 annual hours @ $20.00 per hour D.C. 20503. All responses to this action weeks). plus initial electronic data transfer setup will be summarized and included in the Estimated Total Annual Burden on costs of $7,500 consisting of 150 annual request for OMB approval. All Respondents: 33 hours. hours at $50 per hour) and $91,500 for comments will become a matter of Total Cost: $660. the storage and maintenance of public record. 15. Boxed Lamb Report: Form LS– electronic files that were submitted to A 30-day comment period is provided 128. AMS. for interested persons to comment on Estimate of Burden: Public reporting Live Lambs, Boxed Lamb, and Lamb this proposed rule. The 30-day period is burden for collection of information is Carcasses: $82,120 including $52,840 deemed appropriate in order to provide estimated to be .167 hours per for annual costs associated with a sufficient amount of time to comment electronically submitted response. electronically submitted responses while conforming, as closely as Respondents: Packer processing (2,522 annual hours @ $20.00 per hour possible, to the time-frames plants and importers required to report plus initial electronic data transfer setup contemplated by the Act.

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List of Subjects in 7 CFR Part 57 or statewide basis as the Secretary of a lot of cattle, a unit of boxed beef Cattle, Hogs, Lamb, Livestock, Sheep. determines to be appropriate; cuts, a lot of swine, or a lot of lambs by (2) Ensures that the identity of a a packer shall evidence whether the For the reasons set forth in the reporting person or the entity which purchase occurred: preamble, it is proposed that Chapter I they represent is not disclosed; and (1) Before 10:00 a.m. Central Time; of Title 7 of the CFR be amended by (3) Market information reported to the (2) Between 10:00 a.m. and 2:00 p.m. adding Part 57 to read as follows: Secretary by packers and importers shall Central Time; or be aggregated in such a manner that the (3) After 2:00 p.m. Central Time. PART 57ÐLIVESTOCK MANDATORY (c) Purchases and sales of domestic REPORTING market reports issued will not disclose the identity of persons, packers and and imported lamb carcasses and cuts. Subpart AÐGeneral Provisions importers, including parties to a A record of a purchase or sale by a packer of lamb carcasses and cuts, or by Sec. contract and packer’s and importer’s 57.10 General administrative provisions. proprietary information. an importer of lamb carcasses and cuts 57.11 Recordkeeping. (d) Adjustments. Prior to the shall evidence time and date the 57.20 Definitions. publication of any information required purchase or sale occurred. (d) Reporting sales of boxed beef cuts Subpart BÐCattle Reporting under this part, the Secretary may make reasonable adjustments in information and sales and purchases of lamb 57.100 Definitions. reported by packers and importers to carcasses and cuts. 57.101 Mandatory daily reporting for live (1) Beef packers must report all sales cattle. reflect price aberrations or other unusual or unique occurrences that the of boxed beef cuts by the applicable 57.102 Mandatory weekly reporting for live Institutional Meat Purchase cattle. Secretary determines would distort the published information to the detriment Specification (IMPS), Fresh Beef Series 57.103 Mandatory reporting of boxed beef 100 item number or by the packer’s cut sales. of producers, packers, or other market participants. and trim specifications. Subpart CÐSwine Reporting. (2) Lamb packers and importers must (e) Reporting of activities on report all sales and purchases of boxed 57.200 Definitions. weekends and holidays. Livestock and lamb carcasses and cuts by the 57.201 General reporting provisions. livestock products committed to a 57.202 Mandatory daily reporting for swine. applicable IMPS, Fresh Lamb and packer, or importer, or purchased, sold, 57.203 Mandatory weekly reporting for Mutton Series 200 item number or by or slaughtered by a packer or importer swine. the packer’s and importer’s cut and trim on a weekend day or holiday shall be Subpart DÐLamb Reporting specifications. reported to the Secretary in accordance (3) You may obtain a copy of IMPS 57.300 Definitions. with the provisions of this part and Fresh Beef Series 100 and Fresh Lamb 57.301 Mandatory daily reporting for lambs. reported by the Secretary on the 57.302 Mandatory weekly reporting for and Mutton Series 200 from U.S. immediately following reporting day. A Department of Agriculture, Agricultural lambs. packer shall not be required to report 57.303 Mandatory roporting of lamb Marketing Service, Livestock and Seed carcasses and boxed lamb. such actions more than once on the Program, Livestock and Meat immediately following reporting day. Subpart EÐOMB Control Number Standardization Branch, Room 2603 (f) Reporting methods. Whenever South Building STOP 0254, PO Box 57.400 OMB control number assigned information is required to be reported 96456 Washington, D.C. 20090–6456. pursuant to the Paperwork Reduction under this part, it shall be reported by You may inspect a copy of the above in Act. electronic means and shall adhere to a Room 2603, South Building, 14th and Authority: 7 U.S.C. 1621 et seq. standardized format established by the Independence Ave., SW, Washington, Secretary to achieve the objectives of D.C. 20250, or at the office of the Subpart AÐGeneral Provisions this part, except in emergencies or in Federal Register, 800 North Capitol cases when an alternative method is § 57.10 General administrative provisions. Street, NW, Suite 700, Washington, D.C. agreeable to the entity required to report 20488. (a) Reporting by Packers and and AMS. Importers. A packer or importer shall § 57.20 Definitions. report all information required under § 57.11 Recordkeeping. The following definitions apply to this part on an individual lot basis. (a) In general. Each packer or importer this part: (b) Reporting Schedule. Whenever a required to report information to the Base price. The term ‘base price’ packer or importer is required to report Secretary under the Act and this part means the price paid for livestock, information on transactions of livestock shall maintain for 2 years and make delivered at the packing plant, before and livestock products under this part available to the Secretary the following application of any premiums or by a set time, all covered transactions information on request: discounts, expressed in dollars per up to within one half hour of the (1) The original contracts, agreements, hundred pounds of hot carcass weight. reporting deadline shall be reported. receipts, and other records associated Basis level. The term ‘basis level’ Transactions completed during the one with any transaction relating to the means the agreed on adjustment to a half hour prior to the previous reporting purchase, sale, pricing, transportation, future price to establish the final price time, but not reported in the previous delivery, weighing, slaughter, or carcass paid for livestock. report, shall be reported at the next characteristics of all livestock or Committed. The term ‘committed’ scheduled reporting time. livestock products; and means the agreement between a buyer (c) Regional reporting and (2) Such records or other information and seller to schedule livestock for aggregation. The Secretary shall make as is necessary or appropriate to verify delivery at some date. information obtained under this part the accuracy of the information required Current slaughter week. The term available to the public only in a manner to be reported under the Act and this ‘current slaughter week’ means the that: part. period beginning Monday, and ending (1) Ensures that the information is (b) Purchases of livestock and sales of Sunday, of the week in which a published on a national and a regional boxed beef cuts. A record of a purchase reporting day occurs.

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Discount. The term ‘discount’ means slaughter (including the sale of livestock calculating price in which the price is the adjustment, expressed in dollars per from a packer to another packer). determined at a future date. When used hundred pounds, subtracted from the Purchased. The term ‘purchased’ in reference to boxed beef, the term base price due to weight, quality grade, means the agreement on a price, or the ‘formula marketing arrangement’ means yield grade, livestock class, dark cutting, method for calculating a price, the advance commitment of boxed beef breed, or dressing percentage. determined through buyer-seller by any means other than through a F.O.B. The term ‘F.O.B.’ means free on interaction and agreement. negotiated purchase or a forward board, regardless of the mode of Reporting day. The term ‘reporting contract, using a method for calculating transportation, at the point of direct day’ means a day on which a packer price in which the price is determined shipment by the seller to the buyer conducts business regarding livestock at a future date. (F.O.B. Plant or F.O.B. Feedlot). committed to the packer, or livestock Forward contract. The term ‘forward Livestock. The term ‘livestock’ means purchased, sold, or slaughtered by the contract’ means an agreement for the cattle, swine, and lambs. packer; the Secretary is required to purchase of cattle, executed in advance Lot. The term ‘lot’ means a group of make such information available to the of slaughter, under which the base price one or more livestock that is identified public; and the Department of is established by reference to prices for the purpose of a single transaction Agriculture is open to conduct business. quoted on the Chicago Mercantile between a buyer and a seller. Secretary. The term ‘Secretary’ means Exchange, or other comparable publicly Marketing. The term ‘marketing’ the Secretary of Agriculture of the available prices. When used in reference means the sale or other disposition of United States or any other officer or to boxed beef, the term ‘forward livestock, livestock products, or meat or employee of the Department of contract’ means an agreement for the meat food products in commerce. Agriculture to whom authority has been sale of boxed beef, executed in advance Negotiated purchase. The term delegated or may hereafter be delegated of manufacture, under which the base ‘negotiated purchase’ means a cash or to act in the Secretary’s stead. price is established by reference to spot market purchase by a packer of State. The term ‘State’ means each of publicly available quoted prices. livestock from a producer under which the 50 States. Packer. The term ‘packer’ means any the base price for the livestock is person engaged in the business of determined by seller-buyer interaction Subpart BÐCattle Reporting buying cattle in commerce for purposes and agreement on a delivery day, and of slaughter, of manufacturing or the livestock are scheduled for delivery § 57.100 Definitions. preparing meats or meat food products to the packer not more than 14 days The following definitions apply to from cattle for sale or shipment in after the date on which the livestock are this part: commerce, or of marketing meats or committed to the packer. Branded. The term ‘branded’ means meat food products from cattle in an Negotiated sale. The term ‘negotiated boxed beef cuts which are marketed unmanufactured form acting as a sale’ means a cash or spot market sale based on a distinctive characteristic or wholesale broker, dealer, or distributor by a producer of livestock to a packer combination of characteristics. These in commerce. For any calendar year, the under which the base price for the characteristics are categorized by quality term ‘packer’ includes only a Federally livestock is determined by seller-buyer grade (including ungraded or no-roll), inspected cattle processing plant that interaction and agreement on a delivery trim specification, weight, breed, and slaughtered an average of 125,000 head day and the livestock are scheduled for packaging. of cattle per year during the delivery to the packer not later than 14 Carcass characteristics. The term immediately preceding 5 calendar years. days after the date on which the ‘carcass characteristics’ means those Additionally, in the case of a cattle livestock are committed to the packer. traits pertinent to the proper processing plant that did not slaughter When used in reference to sales of categorization of live cattle including cattle during the immediately preceding boxed meat cuts and carcasses the term the estimated average live weight in 5 calendar years, it shall be considered ‘negotiated sale’ means a cash or spot pounds, the estimated percentage of a packer if the Secretary determines the market sale by a processor of boxed cattle of a quality grade of Choice or processing plant should be considered a meat cuts or carcasses to a buyer of better, and an estimate of the cattle packer under this subpart after boxed meat cuts or carcasses under dressing percentage. considering its capacity. which the base price for the boxed meat Cattle committed. The term ‘cattle Packer-owned cattle. The term cuts or carcasses is determined by committed’ means cattle that are ‘packer-owned cattle’ means cattle that seller-buyer interaction and agreement scheduled to be delivered to a packer a packer owns for at least 14 days on a day. within the 7-day period beginning on immediately before slaughter. Premium. The term ‘premium’ means the date of an agreement to sell the Prices for cattle. The term ‘prices for the adjustment, expressed in dollars per cattle. cattle’ includes the price per hundred pounds, added to the base Cattle type. The term ‘cattle type’ hundredweight; the purchase type; the price due to weight, quality grade, yield means the following types of cattle quantity on a live and a dressed weight grade, livestock class, and breed. purchased for slaughter: basis; the range and estimated live Priced. The term ‘priced’ means the (1) Fed steers; weights; the estimated percentage of actual determination of a price either (2) Fed heifers; cattle of a quality grade Choice or better; through buyer-seller interaction and (3) Fed Holsteins and other fed dairy any premiums or discounts associated agreement or as the result of a formula steers and heifers; with weight, quality grade, yield grade, marketing arrangement or forward (4) Cows; and or type of cattle; cattle State of origin; contract. (5) Bulls. expected date of slaughter; estimated Prior slaughter week. The term ‘prior Formula marketing arrangement. The cattle dressing percentage; and price slaughter week’ means the Monday term ‘formula marketing arrangement’ basis as F.O.B. feedlot or delivered at through Sunday prior to a reporting day. means the advance commitment of the plant. Producer. The term ‘producer’ means cattle for slaughter by any means other Terms of trade. The term ‘terms of any person engaged in the business of than through a negotiated purchase or a trade’ means, with respect to the selling livestock to a packer for forward contract, using a method for purchase of cattle for slaughter:

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(1) Whether a packer provided any head) as of that day, categorized by the (5) The range of prices paid; financing agreement or arrangement type of purchase, quantity of cattle to be (6) The aggregate weighted average with regard to the cattle; delivered on a live basis, and the price paid for a carcass; and (2) Whether the delivery terms quantity of cattle to be delivered on a (7) The terms of trade regarding the specified the location of the producer or dressed basis. cattle, as applicable. the location of the packer’s plant; (4) The terms of trade regarding the (d) Publication. The Secretary shall (3) Whether the producer is able to cattle, as applicable. make available to the public the unilaterally specify the date and time (b) Publication. The Secretary shall information obtained under paragraphs during the business day of the packer make the information available to the (a), (b), and (c) of this section on the first that the cattle are to be delivered for public not less frequently than three reporting day of the current slaughter by slaughter; and times each reporting day. 10:00 a.m. Central Time. (4) The percentage of cattle purchased by a packer as a negotiated purchase § 57.102 Mandatory weekly reporting for § 57.103 Mandatory reporting of boxed that are delivered to the plant for live cattle. beef sales. slaughter more than 7 days, but fewer (a) In general. The corporate officers (a) Daily reporting. The corporate than 14 days, after the earlier of either or officially designated representatives officers or officially designated the date on which the cattle were of each packer processing plant shall representatives of each packer committed to the packer, the date on report to the Secretary, on the first processing plant shall report to the which the cattle were purchased by the reporting day of each week, not later Secretary at least twice each reporting packer, or the date on which the cattle than 9:00 a.m. Central Time, the day (once by 10:00 a.m. Central Time, were priced by the packer. following information applicable to the and once by 2:00 p.m. Central Time) the Type of purchase. The term ‘type of prior slaughter week, categorized to following information on total boxed purchase’ with respect to cattle, means clearly delineate domestic from beef domestic and export sales a negotiated purchase, a formula market imported market purchases: established on that day inclusive since arrangement, and a forward contract. (1) The quantity of cattle purchased the last reporting as described in Type of sale. The term ‘type of sale’ through forward contracts that were § 57.10(b): with respect to boxed beef, means a slaughtered; (1) The price for each lot of each negotiated sale, a formula market (2) The quantity of cattle delivered boxed beef sale, quoted in dollars per arrangement, and a forward contract. under a formula marketing arrangement hundredweight on a F.O.B. plant basis; that were slaughtered; (2) The quantity for each lot of each § 57.101 Mandatory daily reporting for live (3) The quantity and carcass sale, quoted by number of boxes sold; cattle. characteristics of packer-owned cattle and (a) In general. The corporate officers that were slaughtered; and (3) The information regarding the or officially designated representatives (4) The quantity, basis level, and characteristics of each sale is as follows: of each packer processing plant shall delivery month for all cattle purchased (i) The type of sale; report to the Secretary at least two times through forward contracts. (ii) The branded product each reporting day not later than 10:00 (b) Premiums and discounts. The characteristics, if applicable; a.m. Central Time and not later than corporate officers or officially (iii) The grade of beef (USDA Choice 2:00 p.m. Central Time the following designated representatives of each or better, Select, or ungraded no-roll information for each cattle type, packer processing plant shall report to product); inclusive since the last reporting, the Secretary, on the first reporting day (iv) The cut of beef, referencing the categorized to clearly delineate of each week, not later than 9:00 a.m. USDA’s Livestock and Seed Program domestic from imported market Central Time, the range and average of Institutional Meat Purchase purchases as described in (57.10(b). intended premiums and discounts Specifications (IMPS), Fresh Beef Series (1) The prices for cattle (per (associated with weight, quality grade, 100, when applicable; hundredweight) established on that day, yield grade, or type of cattle) that are (v) The trim specification; categorized by: expected to be in effect for the current (vi) The weight range of the cut; (i) The type of purchase; slaughter week. (vii) The number of boxes; (ii) The quantity of cattle purchased (c) Formula purchases. The corporate (viii) The product weight; on a live weight basis; officers or officially designated (ix) The product delivery period; (iii) The quantity of cattle purchased (x) The product manufacture date; representatives of each packer on a dressed weight basis; (xi) The product buyer and delivery processing plant shall report to the (iv) A range and average of estimated location; and live weights of cattle purchased; Secretary, on the first reporting day of (xii) The beef type (steer/heifer, dairy (v) An estimate of the percentage of each week, by 8:00 a.m. Central Time, steer/heifer, or cow). the cattle purchased that were of a the following information for cattle (b) Publication. The Secretary shall quality grade of Choice or better; and purchased through a formula marketing make available to the public the (vi) Any premiums or discounts arrangement and slaughtered during the information obtained under paragraph associated with weight, quality grade, prior slaughter week, categorized to (a) of this section not less frequently yield grade, or type of purchase. clearly delineate domestic from than twice each reporting day. (2) The quantity of cattle delivered to imported market purchases: the packer (quoted in numbers of head) (1) The quantity (quoted in both Subpart CÐSwine Reporting on that day, categorized by: numbers of head and pounds) of cattle; (i) The type of purchase; (2) The weighted average price paid § 57.200 Definitions. (ii) The quantity of cattle delivered on for a carcass, including applicable The following definitions apply to a live basis; and premiums and discounts; this subpart: (iii) The quantity of cattle delivered (3) The range of premiums and Affiliate. The term ‘affiliate’, with on a dressed basis. discounts paid; respect to a packer, means: (3) The quantity of cattle committed (4) The weighted average of premiums (1) A person that directly or indirectly to the packer (quoted in numbers of and discounts paid; owns, controls, or holds with power to

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The term ‘average packing plant, based on any factor other (3) A person that directly or indirectly sort loss’ means the average discount (in than the characteristics of the carcass, if controls, or is controlled by or under dollars per hundred pounds carcass the actual amount of the premium is common control with, the packer. weight) for swine slaughtered during the known before the sale and delivery of Applicable reporting period. The term applicable reporting period, resulting the swine. ‘applicable reporting period’ means the from the fact that the swine did not fall Other market formula purchase. The period of time prescribed by the prior within the individual packer’s term ‘other market formula purchase’ day report, the morning report, and the established carcass weight range or lot means a purchase of swine by a packer afternoon report, as provided in variation range. in which the pricing mechanism is a § 57.202. Barrow. The term ‘barrow’ means a formula price based on any market other Average backfat. The term ‘average neutered male swine, with the neutering than the market for swine, pork, or a backfat’ means the average of the backfat performed before the swine reached pork product. The term ‘other market thickness (in inches) measured between sexual maturity. formula purchase’ includes a formula the third and fourth from the last ribs, Base market hog. The term ‘base purchase in a case which the price 7 centimeters from the carcass split (or market hog’ means a hog for which no formula is based on 1 or more futures adjusted from the individual packer’s discounts are subtracted from and no measurement to that reference point or options contracts. premiums are added to the base price. Other purchase arrangement. The using an adjustment made by the Boars. The term ‘boar’ means a Secretary) of the swine slaughtered term ‘other purchase arrangement’ sexually-intact male swine. means a purchase of swine by a packer during the applicable reporting period. Bred female swine. The term ‘bred that is not a negotiated purchase, swine Average carcass weight. The term female swine’ means any female swine, or pork market formula purchase, or ‘average carcass weight’ means the whether a sow or gilt, that has been other market formula purchase; and weight obtained by dividing the total mated or inseminated, or has been does not involve packer-owned swine. carcass weight of the swine slaughtered confirmed, to be pregnant. at the packing plant during the Formula price. The term ‘formula Packer. The term ‘packer’ means any applicable reporting period by the price’ means a price determined by a person engaged in the business of number of these same swine. mathematical formula under which the buying swine in commerce for purposes Average lean percentage. The term price established for a specified market of slaughter, of manufacturing or ‘average lean percentage’ means the serves as the basis for the formula. preparing meats or meat food products value equal to the average percentage of Gilt. The term ‘gilt’ means a young from swine for sale or shipment in the carcass weight comprised of lean female swine that has not produced a commerce, or of marketing meats or meat for the swine slaughtered during litter. meat food products from cattle in an the applicable reporting period. Highest net price. The term ‘highest unmanufactured form acting as a Whenever the packer changes the net price’ means the highest net price wholesale broker, dealer, or distributor manner in which the average lean paid for a single lot or group of swine in commerce. For any calendar year, the percentage is calculated, the packer slaughtered at a packing plant during term ‘packer’ includes only a Federally shall make available to the Secretary the the applicable reporting period per inspected swine processing plant that underlying data, applicable hundred pounds of carcass weight of slaughtered an average of 100,000 head methodology and formulae, and swine. of swine per year during the supporting materials used to determine Hog Class. The term ‘hog class’ immediately preceding 5 calendar years. the average lean percentage, which the means, as applicable, barrows or gilts; Additionally, in the case of a swine Secretary may convert either to the sows; or boars or stags. processing plant that did not slaughter carcass measurements or lean Lowest net price. The term ‘lowest net swine during the immediately preceding percentage of the swine of the price’ means the lowest net price paid 5 calendar years, it shall be considered individual packer to correlate to a for a single lot or group of swine a packer if the Secretary determines the common percent lean measurement; and slaughtered at a packing plant during processing plant should be considered a the total slaughter quantity, which shall the applicable reporting period per packer under this subpart after be equal to the total number of swine hundred pounds of carcass weight of considering its capacity. slaughtered during the applicable swine. Packer-owned swine. The term reporting period, including all types of Net price. The term ‘net price’ means ‘packer-owned swine’ means swine that purchases and packer-owned swine. the total amount paid by a packer to a packer (including a subsidiary or Average net price. The term ‘average producers (including all premiums, less affiliate of the packer) owns for at least net price’ means the quotient (stated per all discounts) per hundred pounds of 14 days immediately before slaughter. hundred pounds of carcass weight of carcass weight of swine delivered at the Packer-sold swine. The term ‘packer- swine) obtained by dividing the total plant. The total amount paid shall sold swine’ means the swine that are amount paid for the swine slaughtered include any sum deducted from the owned by a packer (including a at a packing plant during the applicable price (per hundredweight) paid to a subsidiary or affiliate of the packer) for reporting period (including all producer that reflects the repayment of more than 14 days immediately before premiums and less all discounts) by the a balance owed by the producer to the sale for slaughter; and sold for slaughter total carcass weight of the swine (in packer or the accumulation of a balance to another packer. hundred pound increments). The to later be repaid by the packer to the Pork. The term ‘pork’ means the meat average net price includes any sum producer. The total amount paid shall of a porcine animal.

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Pork product. The term ‘pork product’ representatives of each packer shall determined on a delayed basis. The means a product or byproduct produced report to the Secretary for each business packer shall report information on such or processed in whole or in part from day of the packer not later than 7:00 purchases on the first reporting day or pork. a.m. Central Time on each reporting day scheduled reporting time on a reporting Purchase data. The term ‘purchase information regarding all swine day after the price has been determined. data’ means all of the applicable data, purchased, priced, or slaughtered (5) Publication. The Secretary shall including weight (if purchased live), for during the prior business day of the publish the information obtained under all swine purchased during the packer as specified in § 57.10(b): this paragraph in the morning report as applicable reporting period, regardless (1) All purchase data including the soon as practicable, but not later than of the expected delivery date of the total number of swine purchased and 11:00 a.m. Central Time, on each swine, reported by: swine scheduled for delivery; and the reporting day. (1) Hog class; base price and purchase data for (c) Afternoon report. The corporate (2) Type of purchase; and slaughtered swine for which a price has officers or officially designated (3) Packer-owned swine. been established. representatives of each packer Slaughter data. The term ‘slaughter (2) The following slaughter data for processing plant shall report to the data’ means all of the applicable data for the total number of swine slaughtered: Secretary not later than 2:00 p.m. all swine slaughtered by a packer during (i) Information concerning the net Central Time each reporting day as the applicable reporting period, price; described in § 57.10(b): regardless of whether the price of the (ii) Information concerning the (1) The packer’s best estimate of the swine was negotiated or otherwise average net price; total number of swine, packer-owned determined, reported by: (iii) Information concerning the swine, and packer-sold swine expected (1) Hog class; lowest net price; to be purchased throughout the (2) Type of purchase; and (iv) Information concerning the reporting day through each type of (3) Packer-owned swine. highest net price; purchase; (v) The average carcass weight; Sow. The term ‘sow’ means an adult (2) The total number of swine, packer- female swine that has produced 1 or (vi) The average sort loss; (vii) The average backfat; owned swine, packer-sold swine more litters. purchased up to that time of the Stag. The term ‘stag’ means a male (viii) The average lean percentage; and reporting day through each type of swine that was neutered after reaching purchase; sexual maturity. (ix) Total quantity slaughtered. (3) Packer purchase commitments, (3) The base price paid for all base Swine. The term ‘swine’ means a market hogs purchased up to that time porcine animal raised to be a feeder pig, which shall be equal to the number of swine scheduled for delivery to a packer of the reporting day through negotiated raised for seedstock, or raised for purchases; and slaughter. for slaughter for each of the next 14 (4) The base price paid for all base Swine or pork market formula calendar days. market hogs purchased through each purchase. The term ‘swine or pork (4) Publication. The Secretary shall type of purchase other than negotiated market formula purchase’ means a publish the information obtained under purchase up to that time of the reporting purchase of swine by a packer in which this paragraph in a prior day report not day, unless such information is the pricing mechanism is a formula later than 8:00 a.m. Central Time on the unavailable due to pricing that is price based on a market for swine, pork, reporting day on which the information determined on a delayed basis. The or a pork product, other than a future or is received from the packer. packer shall report information on such option for swine, pork, or a pork (b) Morning report. The corporate purchases on the first reporting day or product. officers or officially designated scheduled reporting time on a reporting Type of purchase. The term ‘type of representatives of each packer day after the price has been determined. purchase’, with respect to swine, means: processing plant shall report to the (1) A negotiated purchase; Secretary not later than 10:00 a.m. (5) Publication. The Secretary shall (2) Other market formula purchase; Central Time each reporting day as publish the information obtained under (3) A swine or pork market formula described in § 57.10(b): this paragraph in the afternoon report as purchase; and (1) The packer’s best estimate of the soon as practicable, but not later than (4) Other purchase arrangement. total number of swine, packer-owned 3:00 p.m. Central Time, on each swine, and packer-sold swine expected reporting day. § 57.201 General Reporting Provisions. to be purchased throughout the reporting day through each type of § 57.203 Mandatory Weekly Reporting for (a) Packer-owned swine. Information Swine. required under this section for packer- purchase; owned swine shall include quantity and (2) The total number of swine, packer- (a) Weekly noncarcass merit premium carcass characteristics, but not price. owned swine, and packer-sold swine report. Not later than 4:00 p.m. Central (b) Packer-sold swine. If information purchased up to that time of the Time in accordance with § 57.10(b) on regarding the type of purchase is reporting day through each type of the first reporting day of each week, the required under this section, the purchase; corporate officers or officially information shall be reported according (3) The base price paid for all base designated representatives of each to the numbers and percentages of each market hogs purchased up to that time packer processing plant shall report to type of purchase: of the reporting day through negotiated the Secretary a noncarcass merit (1) Packer-sold swine; and purchases; and premium report that lists: (2) All other swine. (4) The base price paid for all base (1) Each category of standard market hogs purchased through each noncarcass merit premiums used by the § 57.202 Mandatory Daily Reporting for type of purchase other than negotiated packer in the prior slaughter week; and Swine. purchase up to that time of the reporting (2) The dollar value (in dollars per (a) Prior day report. The corporate day, unless such information is hundred pounds of carcass weight) paid officers or officially designated unavailable due to pricing that is to producers by the packer, by category.

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(b) Premium list. A packer shall preceding 5 calendar years, if the negotiated sale, a formula market maintain and make available to a Secretary determines that the person arrangement, and a forward contract. producer, on request, a current listing of should be considered an importer based the dollar values (per hundred pounds on their volume of lamb imports. § 57.301 Mandatory daily reporting for lambs. of carcass weight) of each noncarcass Lambs committed. The term ‘lambs merit premium used by the packer committed’ means lambs that are (a) In General. The corporate officers during the current or the prior slaughter scheduled to be delivered to a packer or officially designated representatives week. within the 7-day period beginning on of each packer processing plant shall (c) Publication. The Secretary shall the date of an agreement to sell the report to the Secretary at least twice publish the information obtained under lambs. each reporting day not later than 10:00 this subsection as soon as practicable, Packer. The term ‘packer’ means any a.m. Central Time and not later than but not later than 5:00 p.m. Central person engaged in the business of 2:00 p.m. Central Time the following Time, on the first reporting day of each buying lambs in commerce for purposes information for lamb, categorized to week. of slaughter, of manufacturing or clearly delineate domestic from preparing meat products from lambs for imported market purchases as described Subpart DÐLamb Reporting sale or shipment in commerce, or of in § 57.10(b): (1) The prices for lambs (per § 57.300 Definitions. marketing meats or meat products from hundredweight) established on that day, The following definitions apply to lambs in an unmanufactured form acting as a wholesale broker, dealer, or categorized by: this subpart: (i) The type of purchase; Branded. The term ‘branded’ means distributor in commerce. For any (ii) The quantity of lambs purchased boxed lamb cuts which are marketed calendar year, the term includes only a on a live weight basis; based on a distinctive characteristic or Federally inspected lamb processing combination of characteristics. These plant which slaughtered or processed (iii) The quantity of lambs purchased characteristics are categorized by quality the equivalent of an average of 75,000 on a dressed weight basis; grade (including ungraded or no-roll), head of lambs per year during the (iv) A range and average of estimated trim specification, weight, breed, and immediately preceding 5 calendar years. live weights of lambs purchased; packaging. Additionally, the term includes a lamb (v) An estimate of the percentage of Formula marketing arrangement. The processing plant that did not slaughter the lambs purchased that were of a term ‘formula marketing arrangement’ or process an average of 75,000 lambs quality grade of Choice or better; means the advance commitment of during the immediately preceding 5 (vi) Any premiums or discounts lambs for slaughter by any means other calendar years if the Secretary associated with weight, quality grade, or than through a negotiated purchase or a determines that the processing plant yield grade; forward contract, using a method for should be considered a packer after (vii) Lamb State of origin; calculating price in which the price is considering its capacity. (viii) Slaughter plant destination; determined at a future date. When used Packer-owned lambs. The term (ix) Expected date of slaughter; and in reference to boxed lamb, the term ‘packer-owned lambs’ means lambs that (x) Estimated lamb dressing ‘formula marketing arrangement’ means a packer owns for at least 14 days percentage. the advance commitment of boxed lamb immediately before slaughter. (2) The quantity of lambs delivered to cuts for delivery by any means other Terms of trade. The term ‘terms of the packer (quoted in numbers of head) than through a negotiated purchase or a trade’ includes, with respect to the on that day, categorized by the quantity forward contract, using a method for purchase of lambs for slaughter: of lambs delivered on a live basis and calculating price in which the price is (1) Whether a packer provided any the quantity of lambs delivered on a determined at a future date. financing agreement or arrangement dressed basis. Forward contract. The term ‘forward with regard to the lambs; (3) The quantity of lambs committed contact’ means an agreement for the (2) Whether the delivery terms to the packer (quoted in numbers of purchase of lambs, executed in advance specified the location of the producer or head) as of that day, categorized by the of slaughter, under which the base price the location of the packer’s plant; quantity of lambs to be delivered on a is established by reference to publicly (3) Whether the producer is able to live basis and the quantity of lambs to available prices. When used in reference unilaterally specify the date and time be delivered on a dressed basis. to boxed lamb, the term ‘forward during the business day of the packer (4) The terms of trade regarding the contract means’ an agreement for the that the lambs are to be delivered for lambs, as applicable. sale of boxed lamb cuts, executed in slaughter; and (b) Publication. The Secretary shall advance of manufacture, under which (4) The percentage of lambs make the information available to the the base price is established by purchased by a packer as a negotiated public not less than twice each reference to publicly available quoted purchase that are delivered to the plant reporting day. prices. for slaughter more than 7 days, but Importer. The term ‘importer’ means fewer than 14 days, after the earlier of § 57.302 Mandatory Weekly Reporting for any person engaged in the business of either the date on which the lambs were Lambs. importing meat products from lambs for committed to the packer, the date on (a) In general. The corporate officers sale or shipment in commerce. For any which the lambs were purchased by the or officially designated representatives calendar year, the term includes only packer, or the date on which the lambs of each packer processing plant shall those that imported an average of 5,000 were priced by the packer. report to the Secretary on the first metric tons of lamb meat products per Type of purchase. The term ‘type of reporting day of each week, not later year during the immediately preceding purchase’ means a negotiated purchase, than 9:00 a.m. Central Time, the 5 calendar years. Additionally, the term a formula market arrangement, and a following information applicable to the includes those that did not import an forward contract. prior slaughter week categorized to average of 5,000 metric tons of lamb Type of sale. The term ‘type of sale’ clearly delineate domestic from meat products during the immediately with respect to boxed lamb, means a imported market purchases:

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(1) The quantity of lambs purchased (5) The actual premium and discount (i) The type of sale; through forward contracts that were paid by carcass characteristic; (ii) The U.S.D.A. quality grade of slaughtered. (6) The range of prices paid; lamb; (2) The quantity of lambs delivered (7) The aggregate weighted average (iii) The trim specification or U.S.D.A. under a formula marketing arrangement price paid for a carcass; yield grade; that were slaughtered. (8) The terms of trade regarding the (iv) The estimated weight range of the (3) The quantity and carcass lambs, as applicable; and carcasses; characteristics of packer-owned lambs (9) The quantity, basis level, and (v) The product delivery date; that were slaughtered, including: delivery month for all lamb purchased. (vi) The product manufacture date; (i) The quantity of lambs purchased (d) Forward contract purchases. The and on a live weight basis; corporate officers or officially (vii) The product buyer and delivery (ii) The quantity of lambs purchased designated representatives of each location. on a dressed weight basis; packer processing plant shall report to (b) Daily reporting of domestic boxed (iii) A range and average of estimated the Secretary on the first reporting day lamb sales. The corporate officers or live weights of lambs purchased; of each week, not later than 9 a.m. officially designated representatives of (iv) An estimate of the percentage of Central Time, the following information each packer shall report to the Secretary the lambs purchased that were of a for lambs purchased through a forward each reporting day the following quality grade of Choice or better; contract arrangement and slaughtered information on domestic total boxed (v) Lamb State of origin; during the prior week: lamb cut sales not later than 2:30 p.m. (vi) Estimated lamb dressing (1) The quantity (quoted in both Central Time as described in § 57.10(b): percentage; numbers of head and pounds) of lambs; (1) The price for each lot of each (vii) Price basis as F.O.B. or delivered; (2) The weighted average price paid boxed lamb cut sale, quoted in dollars and for a carcass, including applicable per hundredweight on a F.O.B. plant (viii) Shrink factor. premiums and discounts, associated basis; (4) The quantity, basis level, and with weight, quality grade, or yield (2) The quantity for each lot of each delivery month for all lambs purchased grade; sale, quoted by number of boxes or through forward contracts. (3) The range of premiums and product weight sold; and (5) The range and average of intended discounts, associated with weight, (3) The following information premiums and discounts (associated quality grade, or yield grade, paid; regarding the characteristics of each with weight, quality grade, or yield (4) The weighted average of premiums transaction: grade) that are expected to be in effect and discounts, associated with weight, (i) The type of sale; for the current slaughter week. quality grade, or yield grade, paid; (ii) The branded product (b) Premiums and discounts. The (5) The actual premium and discount characteristics, if applicable; corporate officers or officially paid by carcass characteristic; (iii) The U.S.D.A. quality grade of designated representatives of each (6) The range of prices paid; lamb; packer processing plant shall report to (7) The aggregate weighted average (iv) The cut of lamb, referencing the the Secretary on the first reporting day price paid for a carcass; USDA’s Livestock and Seed Program of each week, not later than 9:00 a.m. (8) The terms of trade regarding the Institutional Meat Purchase Central Time, the following information lambs, as applicable; and Specifications (IMPS), Fresh Lamb and applicable to the current slaughter (9) The quantity, basis level, and Mutton Series 200; week. The range and average of delivery month for all lamb purchased. (v) The cut or trim specification or intended premiums and discounts (e) Publication. The Secretary shall U.S.D.A. yield grade; associated with weight, quality grade, or make available to the public the (vi) The weight range of the cut; yield grade, categorized to clearly information obtained under paragraphs (vii) The product delivery period; delineate domestic from imported (a), (b), (c), and (d) of this section on the (viii) The product manufacture date; purchases. first reporting day of the current and (c) Formula purchases. The corporate slaughter week. (ix) The product buyer and delivery officers or officially designated location. representatives of each packer § 57.303 Mandatory reporting of lamb (c) Weekly reporting of imported lamb processing plant shall report to the carcasses and boxed lamb. carcass purchases. The corporate Secretary on the first reporting day of (a) Daily reporting of domestic lamb officers or officially designated each week, not later than 9 a.m. Central carcass transactions. The corporate representatives of each lamb importer Time, the following information for officers or officially designated shall report to the Secretary on the first lambs purchased through a formula representatives of each packer shall reporting day of each week the marketing arrangement and slaughtered report to the Secretary each reporting following information applicable to the during the prior week: day the following information on total prior week for imported lamb carcass (1) The quantity (quoted in both domestic lamb carcass transactions not purchases not later than 10:00 a.m. numbers of head and pounds) of lambs; later than 3:00 p.m. Central Time in Central Time: (2) The weighted average price paid accordance with § 57.10(b): (1) The price for each lot of each lamb for a carcass, including applicable (1) The price for each lot of each lamb carcass transaction, quoted in dollars premiums and discounts, associated carcass transaction, quoted in dollars per hundredweight on an F.O.B. Ex- with weight, quality grade, or yield per hundredweight on an F.O.B. plant Dock basis; grade; basis; (2) The quantity for each lot of each (3) The range of premiums and (2) The quantity for each lot of each transaction, quoted by number of discounts, associated with weight, transaction, quoted by number of carcasses bought; and quality grade, or yield grade, paid; carcasses sold or bought; and (3) The following information (4) The weighted average of premiums (3) The following information regarding the characteristics of each and discounts, associated with weight, regarding the characteristics of each transaction: quality grade, or yield grade, paid; transaction: (i) The type of purchase;

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(ii) The estimated weight range of the (3) The following information Cattle carcasses; regarding the characteristics of each LS–113 Live Cattle Daily Report (Current (iii) The product delivery date; and transaction: Established Prices) (iv) The product country of origin. (i) The type of sale; LS–114 Live Cattle Daily Report (Committed and Delivered Cattle) (d) Weekly reporting of imported (ii) The branded product characteristics, if applicable; LS–115 Live Cattle Weekly Report boxed lamb purchases. The corporate (Forward Contract and Packer-Owned) (iii) The cut of lamb; officers or officially designated LS–116 Live Cattle Weekly Report representatives of each lamb importer (iv) The trim specification; (Formula Purchases) shall report to the Secretary on the first (v) The weight range of the cut; LS–117 Cattle Premiums and Discounts reporting day of each week the (vi) The product delivery period; and Weekly Report following information applicable to the (vii) The product country of origin. LS–126 Boxed Beef Daily Report prior week for imported boxed lamb cut (f) Publication. The Secretary shall make available to the public the Appendix B.—Swine Mandatory Reporting purchases not later than 10:00 a.m. Forms Central Time: information required to be reported (1) The price for each lot of each under paragraphs (a) and (b) of this The following 3 forms referenced in Subpart C of Part 57 would be used by boxed lamb cut purchase, quoted in section not less frequently than once each reporting day and the information persons required to report electronically dollars per hundredweight on an F.O.B. transmitted mandatory market information required to be reported under Ex-Dock basis; on domestic and import sales and purchases (2) The quantity for each lot of each paragraphs (c), (d), and (e) of this of live swine to the Agricultural Marketing transaction, quoted by number of boxes section on the first reporting day of the Service. current slaughter week. or product weight bought; and Swine (3) The following information Subpart EÐOMB Control Number LS–118 Swine Prior Day Report regarding the characteristics of each LS–119 Swine Daily Report transaction: § 57.400 OMB Control Number Assigned LS–120 Swine Noncarcass Merit (i) The type of purchase; Pursuant to the Paperwork Reduction Act. Premium Weekly Report (ii) The branded product The information collection and Appendix C.—Lamb Mandatory Reporting characteristics, if applicable; recordkeeping requirements of this part Forms (iii) The cut of lamb; have been approved by the Office of The following 7 forms referenced in (iv) The trim specification; Management and Budget (OMB) under Subpart D of Part 57 would be used by (v) The weight range of the cut; the provisions of 44 U.S.C. Chapter 35 persons required to report electronically (vi) The product delivery period; and and have been assigned OMB Control transmitted mandatory market information (vii) The product country of origin. Number 0581–0186. on domestic and import sales and purchases of live lamb and boxed lamb to the (e) Weekly reporting of imported Dated: March 9, 2000. Agricultural Marketing Service. boxed lamb sales. The corporate officers Barry L. Carpenter, or officially designated representatives Lamb Deputy Administrator, Livestock and Seed LS–121 Live Lamb Daily Report (Current of each lamb importer shall report to the Program. Secretary on the first reporting day of Established Prices) LS–122 Live Lamb Daily Report each week the following information Note: The following Appendices will not appear in the Code of Federal Regulations. (Committed and Delivered Lambs) applicable to the prior week for LS–123 Live Lamb Weekly Report imported boxed lamb cut sales not later Appendix A.—Cattle Mandatory Reporting (Packer-Owned) than 10:00 a.m. Central Time: Forms LS–124 Live Lamb Weekly Report (1) The price for each lot of each (Formula and Forward Contract The following 6 forms referenced in boxed lamb cut sale, quoted in dollars Purchase) Subpart B Part 57 would be used by persons LS–125 Lamb Premiums and Discounts per hundredweight on a F.O.B. plant required to report electronically transmitted Report basis; mandatory market information on domestic LS–128 Boxed Lamb Report (2) The quantity for each lot of each and import sales and purchases of live cattle LS–129 Lamb Carcass Report transaction, quoted by number of boxes and boxed beef to the Agricultural Marketing or product weight bought; and Service. BILLING CODE 3410±02±P

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[FR Doc. 00–6322 Filed 2–14–00; 8:45 am] BILLING CODE 3410±02±C

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Part III

Department of Housing and Urban Development Fiscal Year 2000 Funding Availability for the Assisted Living Conversion Program (ALCP) for Section 202 Projects; Notice

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DEPARTMENT OF HOUSING AND Appendix B to this NOFA consists of a questions about management of the ALF URBAN DEVELOPMENT list of the four (4) lead HUD Housing and coordination with agencies of the Multifamily Hubs designated to receive Department of Health and Human [Docket No. FR±4581±N±01] ALCP applications, with addresses and Services and other third parties, you Fiscal Year 2000 Notice of Funding phone numbers. may contact Jerry Nachison, Senior Availability for the Assisted Living Application Submission Procedures. Housing Project Manager, Office of Conversion Program (ALCP) for Mailed Applications. If your application Portfolio Management, Room 6168 at Section 202 Projects is mailed, your application will be (202)–708–3730 x2485. Mr. Nachison considered timely filed if postmarked may be reached also by e:mail at AGENCY: Office of the Assistant on or before 12:00 midnight on the ‘‘[email protected]’’. Both Secretary for Housing-Federal Housing application due date and received by Ms. Williams and Mr. Nachison are Commissioner, HUD. the appropriate HUD Multifamily Hub located at the Department of Housing ACTION: Notice of funding availability on or within ten (10) days of the and Urban Development, 451 Seventh (NOFA). application due date. Street, SW, Washington, DC 20410 Applications Sent by Overnight/ (neither of the telephone numbers are SUMMARY: This NOFA announces the FY Express Mail Delivery. If your toll free). 2000 funding available for conversions application is sent by overnight delivery If you have a hearing or speech of units within existing Section 202 or express mail, your application will be impairment, you may access either projects into licensed Assisted Living considered timely filed if received at the telephone number via TTY by calling Facilities (ALFs). Multifamily Hub before or on the the Federal Information Relay Service at Purpose of the Program. The purpose application due date, or upon 1–800–877–8339. of this program is to provide the submission of documentary evidence owners/borrowers of Section 202, 202/8 that the application was placed in II. Amount Allocated and 202 Project Rental Assistance transit with the overnight delivery This NOFA makes available Contract (PRAC) projects designed for service by no later than the specified $50,000,000 for the physical conversion the elderly with a grant to allow application due date. of section 202 projects or portions of conversion of some or all of the units in Hand Carried Applications. If your projects to ALFs. The FY 2000 funding these housing projects into ALFs serving application is hand carried, the is in the Departments of Veterans Affairs frail elderly, as defined in Section application will be accepted by a and Housing and Urban Development, 232(B)(6) of the National Housing Act. Multifamily Hub between 8:45 a.m. and and Independent Agencies Available Funds. $50 million for 5:15 p.m., local time, Monday through Appropriations Act, for the fiscal year Section 202 conversions to ALFs. Friday (except on designated national ending September 30, 2000 (Pub.L. 106– Eligible Applicants. Only owners/ holidays, e.g., Memorial Day (5/31/00) 74, 113 Stat. 1047, approved October 20, borrowers of eligible developments (as and Independence day (7/4/00)). On the 1999). described in Section III of this NOFA) application due date, applications will Under the ALCP, the 18 HUD may apply for and become the recipient be accepted at the Hub up to 6:00 p.m. Multifamily Hubs are grouped into four of a grant. local time. This deadline is firm. geographic areas, so that the amount of Application Due Date. July 17, 2000. For Application Kits, Further fair-shared grant funds will be sufficient Match. None required. Information, and Technical Assistance. to enable reasonable competition, and ADDITIONAL INFORMATION: For Application Kits. You may obtain an insure projects of feasible size and ALCP application kit and supplemental I. Application Due Date, Application quality. information by calling either the The four geographic areas and the Kits, and Technical Assistance Multifamily Housing Clearinghouse at lead Hub under the ALCP for each are: Application Due Date. Your (voice) 1–800–MULTI–70 (1–800–685– The lead Hub for the East Geographic completed application (one original and 8470). There is a separate application kit Area is Buffalo (the other Hubs which four copies) is due on or before 6:00 pm, for service coordination information feed into Buffalo for the ALCP are local time, on July 17, 2000, at the (which is necessary for those needing to Boston, New York, Philadelphia, and address shown below: enhance or add service coordination per Baltimore). Addresses for Submitting Section III(A)(14) of this NOFA). Please The lead Hub for the South Applications. The official place for make sure to provide your name, Geographic Area is Greensboro (the receipt of your application is ONLY in address (including zip code), and other Hubs which feed into Greensboro the designated lead Multifamily Hub in telephone number (including area code). for the ALCP are Atlanta, Jacksonville, the HUD State Office. The application kit is also available on and Fort Worth). You must ALSO send one copy of the Internet through the HUD web site The lead Hub for the Central your application to the Office of at http://www.hud.gov. Geographic Area is Kansas City (the Portfolio Management, Room 6160, For Further Information and other Hubs which feed into Kansas City ATTN: ALCP Staff, HUD Building, 451 Technical Assistance. You should for the ALCP are Chicago, Columbus, Seventh Street, SW, Washington, DC contact the lead Multifamily Hub where Detroit, and Minneapolis). 20410 you will be mailing your ALCP The lead Hub for the West Geographic Submit an original and three copies of Application. (Please refer to Hub Area is San Francisco (the other Hubs the ALCP application to the lead HUD telephone numbers in Appendix B.) which feed into San Francisco for the Multifamily Hub, as designated in You also may contact Aretha ALCP are Seattle, Los Angeles and Section II of this NOFA, with Williams, Housing Project Manager, Denver). jurisdiction over your development. Office of Business Products, Room 6138, The allocation formula used for the Appendix A to this NOFA lists the at (202)–708–2866 x2480, for questions ALCP reflects demographic four (4) lead Multifamily Hubs with the regarding the physical conversion of the characteristics of age and incidence of Program Centers under them, to ALF. Ms. Williams can be reached, also frailty that would be expected for facilitate applicants knowing the correct by e:mail, at program participants. The Fiscal Year location to send the application. ‘‘[email protected]’’. For (FY) 2000 formula consists of three data

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(2) The number of non-institutional must provide support services such as (3) Your ALF’s residents are section elderly population aged 75 or older with personal care, transportation, meals, 202 tenants and must comply with the a mobility limitation, and, housekeeping, and laundry. Frail requirements applicable thereto. Thus, (3) The number of the non- elderly person means an individual 62 you cannot charge additional rent over institutional elderly population aged 75 years of age or older who is unable to what is charged to residents in the non- or older with both a mobility limitation perform at least three activities of daily ALF portion of the section 202 project. and a self-care limitation. living (ADLs) as defined by the All admissions to the ALF must be The data were taken from the 1990 regulations for HUD’s Section 202 through the section 202 project Census Special Tabulation on Aging, Program (Supportive Housing for the admissions office. However, persons STP–14, sponsored by the Elderly) at 24 CFR 891.205. accepted into the ALF also must sign an Administration on Aging, U.S. Assisted living is defined in section ALF admissions agreement which shall Department of Health and Human 232(b)(6) of the National Housing Act be an addendum to the section 202 Services. (12 U.S.C. 1715w). The ALCP provides lease. A mobility limitation is defined as a funding for the physical costs of health condition that has lasted for six (4) At a minimum, your ALF must converting some or all of the units of a provide room, board (as defined in (6) or more months, making it difficult section 202 development into an ALF, for the person to go outside the home Section III(A)(6)) of this NOFA) and including the unit configuration, continuous protective oversight (CPO). alone. This includes outside activities common and services space and any such as shopping or visiting the doctor’s CPO involves a range of activities and necessary remodeling, consistent with services that may include such things as office. A self-care limitation is defined HUD or the State’s statute/regulations as a health care limitation that has awareness by management and staff of (whichever is more stringent). the occupant’s condition and location as lasted for six (6) months or more which Typical funding will cover basic well as an ability to intervene in a crisis makes it difficult for the person to take physical conversion of existing project for dependent and relatively care of his/her own personal needs such units, common and services space. independent occupants on a 24-hour as dressing, bathing, or getting around There must be sufficient community basis. The two occupant groups in an in the home. space to accommodate a central kitchen ALF are: A fair share factor for each state was or dining facility, lounges, recreation (a) Independent Occupants: developed by taking the sum of the and other multiple-areas available to all Awareness by management and staff of three elements within each state as a residents of the Section 202 projects, or the occupant’s condition and percentage of the sum of the three office/staff spaces in the ALF. When whereabouts as well as the availability elements for the total United States. The food is prepared at an off-site location, of assistance for the occupants as resulting percentage for each state was the preparation area of the facility must needed. then adjusted to reflect the relative be of sufficient size to allow for the difference in the cost of providing installation of a full kitchen, if (b) Dependent occupants: Supervision housing among the states. The total of necessary. You must provide supportive of nutrition, assistance with medication the grant funds available ($50 million) services for the residents either directly and continuous responsibility for the was multiplied by the adjusted fair or through a third party. Your occupants’ welfare. share percentage for each state, and the application must include a firm (5) Anyone moving into an ALF unit resulting funds for each state were commitment for the supportive services must agree to accept as a condition of totaled for each of the four geographic to be offered within the ALF as part of occupancy the board and services areas. the application. You may charge required for the purpose of complying The ALCP grant funds fair share assisted living residents for meals and/ with state and local law and regulation. allocations for the four geographic areas or service fees. Residents may contract However, occupancy in an ALF unit are shown below: with third party agencies directly for may not be conditioned on receipt of nursing, therapy or other services not other services or board not required by FISCAL YEAR ALLOCATION 2000 FOR offered by the ALF. state or local requirements. THE ASSISTED LIVING CONVERSION (6) Your ALF must offer three meals PROGRAM (ALCP) (B) Program Requirements per day to each resident. The following program requirements (a) Residents in old section 202 Area Grant authority apply: (‘‘SH’’) projects (those approved before (1) Your ALF facility must be licensed 1972) which may not have kitchens in East ...... $14,760,882 and regulated by the State (or if there is their units must take such meals as South ...... 14,567,452 required by their mandatory meals Central ...... 11,989,455 no State law providing such licensing West ...... 8,682,211 and regulation, by the municipality or agreement, or by the state’s mandated other subdivision in which the facility requirements if more stringent (e.g., 2 50,000,000 is located). Each assisted living unit meals, 2 snacks daily). must include its own kitchen, bathroom, (b) Residents whose apartments have III. Program Description; Eligible and living/dining area (1 bedroom unit) or kitchens must take at least the number Ineligible Applicants, Developments, bedroom/living/dining area (efficiency of meals a day provided by the facility, and Activities unit) and must meet the state and/or per their mandatory meals requirement, local licensing, building, zoning and or as required by state or local rules, if (A) Program Description other requirements for an ALF. more stringent. If the facility does not Assisted living facilities are designed (2) Your ALF must be available to have a mandatory meals plan, then state to accommodate frail elderly and people qualified elderly and persons with and local rules govern.

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In either case, ALF management must a Declaration of Restrictive Covenants (b) The ALF may cater to the special coordinate meals requirements with the (DRC), which will be recorded with the needs of residents depending on the needs of residents who are out part of land, to retain the low income character condition or diagnosis, such as the day, e.g., in day care. The meals of the housing, and to maintain the Alzheimer’s disease. If it does so, the program may not be operated at a profit project (including the ALF), as a design/environment of such facilities by the owner/borrower. moderate, low, or very low income must accommodate those needs, e.g., (7) Your ALF’s operation must be part facility (as appropriate) for at least 20 dementia special care unit. However, of the section 202 owner/borrower’s years beyond the current 40-to-50 year the ALF CANNOT provide a service it management organization. Some or all term of the Section 202 mortgage loan is not licensed by the State or locality of its functions may be contracted out. or capital advance. to provide. The ALF must predicate its budget on (12) In addition to the physical costs Note 1: Owners of section 202/PRAC a two-tiered structure under which of the conversion (see Section VI(B)(5) projects are reminded that they may include board and supportive service income of this NOFA), the grant will pay for a PRAC payment of up to $15/unit/month and expenses must be maintained reasonable legal, architectural and consistent with 24 CFR 891.225(b)(2) to cover separately and independently from the consultant fees, and temporary part of the cost of meals and/or supportive regular income and expenses of the relocation costs for current tenants if services for frail elderly residents, including residents of the ALF. section 202 project. The two they must vacate their unit while components of ALF costs are: conversion work is underway (normal Note 2: Training for ALF staff is an eligible (a) Charges/payment for board, which temporary relocation costs include project cost under existing operating may be on a sliding scale or any other increases in rent, reconnection of procedures. equitable fee system; and telephones, moving costs and For further information on ALFs, (b) Charges/payment for necessary appropriate out-of-pocket expenses). please refer to Handbook 4600.1, CHG– supportive services, which may include (13) This program does NOT allow 1, ‘‘Mortgage Insurance for Residential a combination of resident fees, Medicaid permanent displacement of any resident Care Facilities,’’ Chapter 13. This and/or other third party payments. living in the project at the time the Handbook and recent ALF program (8) Priority admissions for ALF units application was submitted to HUD. Notices are accessible through is as follows: (14) The ALCP requires service HUDCLIPS on HUD’s web site. The URL (a) Current residents desiring an ALF coordination responsible for linking the for the HUDCLIPS Database Selection unit and meeting the program ALF to services in the community Screen is http://www.hudclips.org/ requirements (no resident can be which are available to low income subscriber/cgi/legis.cgi. These notices required to accept an ALF unit). persons. All section 202 projects funded are in the Handbooks and Notices— (b) Qualified individuals or families under this NOFA must have sufficient Housing Notices database. Enter only needing ALF services who are already service coordination in place, or request the number without the letter prefix on the section 202 project’s waiting list; additional funds if appropriate, to (e.g., 99–16) in the ‘‘Document number’’ (c) Qualified individuals or families ensure that services meeting licensing to retrieve the program notice. in the community needing ALF services requirements are available to ALF For further guidance on service wanting to be added to the project’s residents on an ongoing basis. Service coordinators, please refer to Handbook waiting list; and coordination must be described in the 4381.5 REV–2, CHANGE–2, Chapter 8, Note: Qualified physically disabled non- application (see Section VI(B)(8)(b) ‘‘The Management Agent’s Handbook,’’ elderly persons needing assisted living through (c) of this NOFA). If you need which is also available through the services are eligible to occupy these units on to enhance an existing service HUDCLIPS database. the same basis as elderly persons. coordination program or add one where (9) The management of the section it does not exist, you must apply for (C) Eligible Applicants 202 project must set up a separate funding through the Service Coordinator Only owner/borrower corporations waiting list for ALF units. ALF units NOFA, published elsewhere in this defined in 24 CFR part 278 as it existed must be for eligible Section 202 edition of the Federal Register, and before April 1, 1995 (those section 202 residents who meet the admissions/ attach a copy of the Form HUD 424M so projects funded before 1972), and in 24 discharge requirements as established indicating the request to the ALCP CFR 891.200 and 891.500 (those section for assisted living by State and local application. Alternatively, you may 202 projects funded from 1976 onward) licensing, or HUD frailty requirements show evidence that funding for the are eligible for funding. To be eligible, under 24 CFR 891.205 if more stringent. enhanced service coordination is owner/borrowers of any Section 202, (10) Costs of meals and supportive provided by other sources and indicate 202/8 or Section 202/PRAC services are NOT covered by this HUD such funding on the HUD Form 424M development must meet the following grant. which is exhibit 10(c) of your ALF criteria: These items must be paid for through application. If you are funded under this (1) Must be in compliance with your other sources, e.g., a mix of resident fees NOFA and requested new or enhanced Loan Agreement, Capital Advance and/or third party providers. Evidence service coordination in this application, Agreement, Regulatory Agreement, of third party commitment(s) must be you will be funded first under the Housing Assistance Payment contract, included as part of the application. (See service coordinator NOFA. Project Rental Assistance Contract, Rent Section IV(B) of this NOFA.) The In addition to above requirements, the Supplement or LMSA contract, or any assisted living supportive services following applicable guidelines are other HUD grant or contract. program must promote independence stated: (2) Must be in compliance with all fair and provide personal care assistance (a) The ALF must be staffed either housing and civil rights laws, statutes, based on individual needs in a home- directly or through coordination with regulations, and executive orders as like environment (see Section local agencies, depending on state enumerated in 24 CFR 5.105(a). See VI(B)(8)(b) through (c) of this NOFA). regulations or local requirements. These Section V(B) of this NOFA for further (11) Upon receipt of a grant under this may also serve non-ALF residents of the explanation. program, all owner/borrowers project on a time available and Note: If your eligibility status changes participating in the ALCP must provide appropriate fee basis. during the course of the grant term, making

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Construction of ALCP the ALF with moveable cabinetry, units is considered a ‘‘critical action’’ (D) Eligible Developments accessible appliances, sinks, bathroom for purposes of the flood plain and kitchen fixtures, closets, hardware requirement. Section 202, 202/8 and 202/PRAC and grab bars, widening of doors, etc. Excess Residual Receipts (over $500/ developments for the elderly that have (f) Upgrades to safety and emergency unit) and Reserve for Replacement (R4R) been in occupancy for no less than five alert systems; funds (over $1000/unit) in Project years since the date of the HUD–2485 (g) Addition of hallway railings; and, Accounts that are not approved for Form ‘‘permission to occupy’’ permit (h) Medication storage and work another use at the time of application to and have completed Final Closing. Your stations; HUD under this NOFA are considered project must: (2) Retrofitting to add, modify and/or available funds and must be applied (1) Meet HUD’s Uniform Physical outfit common space, office or related towards the cost of conversion Conditions Standards at 24 CFR part 5, space for ALF staff including a service activities. Before making this subpart G. Meeting these standards as coordinator and file security, and/or a determination, however, HUD staff will described, means that the project, based central kitchen/dining facility to consider the extent of repair/ on the most recent Real Estate support the ALF function (e.g., outfit replacement needs indicated in the most Assessment center (REAC) physical lounge/common space/dining furniture, recent REAC physical inspection and inspection report and responses thereto, kitchen equipment for cooking/serving not yet approved and any ongoing must have a ‘‘satisfactory’’ rating as and dishware). commitments such as non-grant-based evidenced by a score of 60 or better or (3) Retrofitting to upgrade a regular service coordinator or other funding, an approved and on schedule repair unit to an accessible unit for a person/ where existing, deduct the estimated plan for developments scoring less than family with disabilities who is being costs of such items from the R4R and 60. Additionally, the project must have displaced from an accessible unit in the residual receipts balances to determine no uncorrected and outstanding Exigent portion of the project that is being the extent of available residual receipts Health and Safety violations. Finally, converted to the ALF, where such unit and R4R funds for the ALCP. the project must not have on file a is not available. If funded, you must also file a HUD management review with a rating of (4) Temporary relocation; and, Form-2530 for all construction ‘‘minimally satisfactory’’ or (5) Consultant, architectural and legal contractors, architects, consultants, and ‘‘unsatisfactory’’ with open and fees. service provider organizations under unresolved findings. direct contract with you that will be (2) Have a residual receipts account (G) Ineligible Activities engaged under this NOFA and comply separate from the Reserve for You may not use funds available with all state and local licensing, zoning Replacement account, or agree to through this NOFA to: and building code requirements. establish this account as a condition for (1) Add additional dwelling units to (B) Meals and Supportive Services getting the award(s). the existing project; You must develop and submit a (E) Ineligible Applicants (2) Pay the costs of any of the necessary direct supportive services Supportive Services Plan (SSP) for the (1) Owners of Section 202 needed to operate the ALF; services and coordination of the developments designed specifically for (3) Purchase or lease additional land; supportive services which will be people with disabilities. (4) Rehabilitate (see definition at 24 offered in the ALF to the appropriate (2) Owners of Section 232 CFR 891.105) the project for needs State or local organization(s) which are developments and any other project unrelated directly to the conversion of expected to provide those supportive insured by one or more sections of the units and common space for assisted services. (See Section VI(B)(8) of this National Housing Act. living; NOFA below, for the information which (3) Owners of Section 202/236 (5) Use the ALCP to reduce the must be in the SSP.) You must submit developments. These are section 202 number of accessible units in the project one copy of your SSP to each projects which were converted to that are not part of the ALF and appropriate state or local service section 236 mortgage insurance during currently occupied by people with funding organizations well in advance their development phase in the early disabilities who need the features of an of the application deadline, for 1970s. accessible unit; appropriate review. The state or local (4) Property management companies (6) Permanently relocate any resident funding organization(s) must return the and agents of property management out of the project; and, SSP to you with appropriate comments companies. (7) Increase the management fee. and indication of funding commitment, which you will then include with the (F) Eligible Conversion Activities IV. Program Requirements application you submit to HUD. Eligible activities are: Each applicant must comply with the You must ALSO submit the (1) Retrofitting to meet Section 504 following requirements: application to the appropriate accessibility requirements, minimum organization(s) which license ALFs in property standards for accessibility and/ (A) Statutory, Regulatory and Other your jurisdiction. The licensing or building codes and health and safety Program Requirements. agency(ies) must approve your plan, and standards for ALFs in that jurisdiction. You must comply with all section 202 must also certify that the ALF and the Examples are items such as addition of: program statutory requirement (see proposed supportive services identified (a) Sprinkler systems; Section 202 of the Housing Act of 1959 in your SSP, is consistent with local (b) An elevator or upgrades thereto; as amended) and regulatory statute and regulations and well

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ALFs (C) Minimum Size Limits for an ALF (10) Certifications and Forms An ALF must be economically You should ensure that your (a) Standard Form 424, Application feasible. Consistent with HUD application is complete before for Federal Assistance Handbook 4600.1, CHG–1, the submitting it to HUD. (b) Standard Form 424D, Assurances minimum size for an ALF is five units. HUD will screen all applications Construction Programs received by the deadline for curable (c) Form HUD 424M, Federal (D) Economic Opportunities for Low and deficiencies. With respect to correction Assistance Funding Matrix Very Low-Income Persons (Section 3). of deficient applications, HUD may not, (d) Form HUD–50070, Drug-free You must comply with section 3 of after the application due date and Workplace the Housing and Urban Development consistent with HUD’s regulations in 24 (e) Form HUD–50071, Payments to Act of 1968, 12 U.S.C. 1701u (Economic CFR part 4, subpart B, consider any Influence Federal Transactions and Opportunities for Low and Very Low unsolicited information an applicant Standard Form-LLL, Disclosure of Income Persons), and its implementing may want to provide. HUD may contact Lobbying Activities regulations at 24 CFR part 135. You an applicant to clarify an item in the (f) Form HUD 2880, Applicant/ must ensure that training, employment application or to correct technical Recipient Disclosure/Update Report, and other economic opportunities shall, deficiencies. Please note, however, that including Social Security and to the greatest extent feasible, be HUD may not seek clarification of items Employment Identification numbers directed toward low and very low- or responses that improve the (g) Form HUD–2992, Certification income persons, particularly those who substantive quality of a response to any Regarding Debarment and Suspension, are recipients of government assistance selection factors. In order not to (h) Form HUD–2991, Certification of for housing and to business concerns unreasonably exclude applications from Consistency with the Consolidated Plan which provide economic opportunities being rated and ranked, HUD may (Plan), for the Jurisdiction in Which the to low and very low income persons and contact applicants to ensure proper Proposed ALF will be located. including people with disabilities. completion of the application and will (i) Executive Order 12372 do so on a uniform basis for all Certification, a certification that you (E) Compliance with Fair Housing and applicants. Examples of curable have submitted a copy of your Civil Rights Laws (correctable) technical deficiencies application, if required, to the State If you, the applicant (a) have been include failure to submit the proper agency (single point of contact) for State charged with a systemic violation of the certifications or failure to submit an review in accordance with Executive Fair Housing Act by the Secretary application that contains an original Order 12372. alleging ongoing discrimination; (b) are signature by an authorized official. In (j) Certification of Residual Receipts the defendant in a Fair Housing Act each case under this NOFA, the Account lawsuit filed by the Department of appropriate HUD field office will notify (k) Conflict of Interest Certification Justice alleging an ongoing pattern or you in writing by describing the (l) Certification for ALF practice of discrimination; or (c) have clarification or technical deficiency. (m) Combined Certification received a letter of noncompliance You must submit clarifications or The HUD Office will notify you in findings under Title VI of the Civil corrections of technical deficiencies in writing if your application is missing Rights Act of 1964, section 504 of the accordance with the information any of the exhibits listed above and you Rehabilitation Act of 1973, or section provided by the GMC within 14 will be given 14 days from the date of 109 of the Housing and Community calendar days of the date of receipt of receipt of the HUD notification to Development Act of 1974, your the HUD notification. (If the due date submit the information required to cure application will not be evaluated under falls on a Saturday, Sunday, or Federal the noted deficiencies. The exhibits this NOFA if, the charge, lawsuit, or holiday, your correction must be listed in items 1(a)+(b), above, must be letter of findings has not been resolved received by HUD on the next day that dated on or before the application to the satisfaction of the Department is not a Saturday, Sunday, or Federal deadline date. If not so dated the before the application deadline, HUD’s holiday.) If the deficiency is not application will be rejected. decision regarding whether a charge, corrected within this time period, HUD After the completeness review, HUD lawsuit, or a letter of findings has been will reject the application as Field Office staff will review your satisfactorily resolved will be based incomplete, and it will not be application to determine whether the upon whether appropriate actions have considered for funding. The following is application meets the Field Office been taken necessary to address a list of the deficiencies that will be threshold requirements listed below. allegations of ongoing discrimination in considered curable in ALCP Only if your application meets all the the policies or practices involved in the applications: threshold requirements is it eligible to charge, lawsuit, or letter of findings. be rated and ranked. Exhibits (F) Additional Nondiscrimination (1) *(a) Articles of Incorporation, or (B) Field Office Threshold Review Requirements certification of Articles of Incorporation In order to pass threshold, you must: As you will be converting some of *(b) By-laws, or certification of by- (1) Be in compliance with all fair your project to an ALF, you should note laws housing and civil rights laws, statutes, that 24 CFR 891.120(b) requires you to (c) Exhibit 3—Evidence of occupancy regulations, and executive orders as meet all accessibility requirements. for at least five years enumerated in 24 CFR 5.105(a), and as

VerDate 132000 18:13 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\17MRN2.SGM pfrm02 PsN: 17MRN2 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14699 noted earlier in this NOFA under to do the application ratings (see Rating Factor 1: Capacity of the Sections III(B)(2) and IV(E). Section V(D) above). See list of lead Applicant and Relevant Organizational (2) Additionally, HUD will also reject Hubs in Section II of this NOFA. Staff (15 Points) your application if the SSP and/or After the team’s application ratings This factor addresses your capacity to commitment and support letter(s) from are finalized, the teams will place all carry out the conversion in a timely, the appropriate funding organizations rated applications from within that cost-conscious and effective manner. It and the appropriate licensing geographic area in rank order. also reviews your experience with the agency(ies): (i) are not submitted with supportive services which the ALF your application; (ii) indicate that the (2) From within this rank order, Hub intends to provide to elderly residents, ALF units, facilities, meals and staff teams in each of the four especially in such areas as meals, 24- supportive services to be provided are geographic areas will select the highest hour staffing and on-site health care. not designed to meet the special needs ranking applications from within that Submit information responding to this of the residents who will reside in the geographic area in order, without regard factor in accordance with Application ALF as defined in this NOFA, (iii) do to which Hub the application was Submission Requirements in Section not show commitment for funding the submitted (see Section II of this NOFA) VI(B)(4)(c), (5)(a), (8)(i), and (2)(d) of meals and supportive services proposed; that can be funded from within the dollars available. this NOFA. or (iv) indicate that the project as In rating this factor, HUD will proposed will not meet the licensing (3) After making the initial selections, however, HUD may use any residual consider the extent to which your requirements of the appropriate State/ application demonstrates your ability to local agency(ies). funds in each geographic area to select the next rank-ordered application by carry out a successful conversion of the (C) Rating Panels reducing the dollars requested by no project and to implement the plan to The Office of Housing’s Multifamily more than 10 percent (10%) and deliver the supportive services on a long Hubs will establish review panels to rate reducing the number of units proposed, term basis, considering the following: all eligible applications that have passed but in no case reducing the number of (1) (7 points) The practicality of threshold, using Rating Factors 1–5. The units below the financial threshold your plan and timetable to carry out the panels may include knowledgeable feasibility of five ALF units. physical conversion of the development to the ALF. persons not currently employed by (4) Funds remaining after these HUD. (2) (8 points) Your past experience processes are completed will be in providing or arranging for supportive (D) Rating of Applications returned to HUD Headquarters. HUD services either on or off site for those will use these funds to restore units to HUD staff teams will review and rate who are frail. Examples are: Meals any project reduced as a result of using ALCP applications in accordance with delivered to apartment of resident or in the residual grant funds in a geographic the Ranking and Selection procedures a congregate setting (1 point), arranging area. Secondly, HUD will use these (see Section V(E) of this NOFA below). for or providing personal care (2 points), funds for selecting one or more All applications will be either rated or providing 24-hour staffing (1 point), additional applications based on field technically rejected at the end of providing or making available on-site office rating and rankings, beginning technical review. If your application preventive health care (2 points) and with the highest rated application meets all program eligibility other support services (1 point). nationwide. Only one application will requirements after completion of be selected per geographic area from the Rating Factor 2: Need/Extent of the technical review, it will be rated national residual amount. If there are no Problem (25 Points) according to the rating selection factors approvable applications in other in Section V(F) of this NOFA. HUD This factor addresses the extent to geographic areas, the process will begin reserves the right to reduce the cost of which the conversion is needed by the again with the selection of the next the application if any proposed categories of elderly persons and highest rated application nationwide. components are ineligible or if the cost persons with disabilities that the ALF is This process will continue until all of items is not deemed reasonable. intended to serve (very low income HUD will NOT reject an ALCP approvable applications are selected elderly persons and people with application based on technical review using the available remaining funds. If disabilities who have limitations in without notifying you of that rejection there is a tie score between two or more three or more activities of daily living). with all the reasons for the rejection, applications, and there are insufficient The application must provide evidence and providing you an opportunity to residual funds to cover all tied of current needs among project residents appeal. As discussed above, you will applications, HUD Headquarters staff and needs of potential residents in the have 14 calendar days from the date of will choose the winning application(s) housing market area for such persons HUD’s written notice to appeal a by lottery and/or reduction of grant including economic and demographic technical rejection to the Multifamily requests consistent with Section VI(E) information on very-low income frail Hub where the applications were sent (3) or (4) of this NOFA, above. elderly and people with disabilities and originally. HUD staff make a (F) Factors For Award Used To Evaluate information on current assisted living determination on an appeal before and Rate Applications resources in the market area. finalizing selection recommendations. The factor also addresses your HUD will rate ALCP applications that inability to fund the repairs or (E) Ranking and Selection Procedures successfully complete technical conversion activities from existing Applications submitted in response to processing using the Rating Factors set financial resources. In making this this NOFA that are eligible, pass forth below and in accordance with the determination, HUD will consider threshold and have a total score of 60 application submission requirements project financial information. The points (or more) are eligible for ranking identified in Section VI(B) of this Department will also review more and selection. NOFA, below. The maximum number of favorably those applications which (1) Hub staff teams will be established points an application may receive under establish a connection between the for ALCP review in each geographic area this program is 100. proposed ALF and the community’s

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Analysis of Impediments to Fair (2) (7 points) The extent to which with no more than 35% general support Housing Choice (AI) or other planning the ALF’s proposed management and = 12 points; 40–64.9% firm commitment document that analyzes fair housing operational plan ensures that the for the total budget with no more than issues and is prepared by a local provision of both meals and supportive 60% general commitment = 7 points; planning or similar organization. services planned will be accomplished less than 40% firm commitment for the Submit information responding to this over time. (Consider ALF design/ total budget with no more than 60% factor in accordance with Application management plan = meets needs of general support = 0 points. Submission Requirements in Section management operations, for 7 points; (2) (3 points) The extent of local VI(B)(1)(a) through (b), (2)(a) and (9)(a) ALF design/management plan partially organizations’ support which is firmly through (c) of the NOFA. In evaluating meets needs of management operations, committed to providing at least 50 this factor, HUD will consider: for 3 points; and ALF design/ percent of the total cost of ALF (1) (10 points) The need for assisted management plan does not meet needs conversion (consider 50% or more = 3 living among the elderly and disabled of management operations, for 0 points.) points, 20–49.9% = 2 points, and under residents of the project taking into (3) (5 points) The extent to which 20% = 0 points). consideration those currently in need the proposed supportive services meet (3) (2 points) The extent of local and the depth of future needs given the identified needs of the anticipated organizational support which is firmly aging in place. frail elderly and disabled residents committed to providing funds for (2) (5 points) The need for assisted (consider Yes = 5 points; partially meets additional repair or retrofit necessary for living among very-low income elderly needs = 3 points; and, does not meet the project NOT specifically directed to persons and people with disabilities in needs = 0 points); and activities eligible under this NOFA the housing market area. (4) (5 points) The extent to which (consider yes = 1 point, no = 0 points). the service coordination function is (3) (10 points) Insufficient funding addressed and explained as onsite and Rating Factor 5: Comprehensiveness and for any needed conversion work, as sufficient, onsite and augmented or Coordination (5 Points). evidenced by the project’s financial new, and addresses the ongoing statements and specifically the lack of This factor addresses the extent to procurement of needed services for the excess reserve for replacement dollars which you have evidenced general residents of the ALF (does meet = 5 (R4R) and residual receipts. If the support for conversion by participating points, partially meets = 3 points, does available R4R and residual receipts are in your community’s Consolidated not meet = 0 points). less than 10% of the total funds Planning Process, involving the (5) (1 point) The extent to which residents in the planning and are needed—10 points; if the available R4R there is an operating philosophy which and residual receipts are 10–50% of working toward addressing the need in promotes the autonomy and a holistic and comprehensive manner need = 5 points; and, if the available independence of the frail elderly R4R and residual receipts are 51% or through linkages with other activities in persons it is intended to serve (is fully the community. Submit information more of the total funds of needed = 0 addressed = 1 point, no or not addressed points). responding to this factor in accordance = 0 points). with Application Submission Rating Factor 3: Soundness of Approach Rating Factor 4: Leveraging Resources Requirements in Section VI(B)(2)(b) (25 Points). This factor is rated by HUD (30 Points). through (d) of this NOFA. Headquarters (1) (3 points) The involvement of This factor addresses your ability to project residents or their This factor addresses the quality and secure other community resources representatives, in the development of effectiveness of your proposal in which can be combined with HUD’s the ALCP application, and your intent addressing the proposed conversion, grant funds to achieve program to involve residents, in the development effectiveness of service coordination purposes. For the ALCP to succeed, you and operation of the project and in and management planning and the MUST generate local funding for the relocation planning (Minus one (¥1) meals and supportive services which necessary supportive services to operate point if not addressed); the ALF intends to provide. There must the ALF. HUD also encourages local (2) (1 point) The extent to which you be a relationship between the proposed funding for some of necessary demonstrated that you have been activities, the project’s and the conversion work, or other work needed actively involved (or if not currently community’s needs and purposes of the in the project (e.g., general active, the steps you will take to become program funding for your application to modernization) which is NOT actively involved) in your community’s receive points for this factor. Submit specifically linked to the ALF). Consolidated Planning/AI processes to information responding to this factor in Submit information responding to this identify and address a need/problem accordance with Application factor in accordance with Application that is related in whole or part, directly Submission Requirements in Section Submission Requirements in Section or indirectly to the proposed project; VI(B)(5)(b) and (c), and (7) and (B)(8))(a) VI(B)(5)(g), (B)(6) and (B)(8)(f) of this (3) (1 point) The extent to which you through (e) and (g) and (h) of this NOFA. NOFA. (1) (25 points) The extent to which developed linkages with other activities, In evaluating this factor, HUD will there are commitments for the funding programs or projects related to the consider the following: needed for the meals and the supportive proposed project to coordinate your (1) (7 points) The extent to which services planned for the ALF and that activities so solutions are holistic and the proposed ALF design will meet the the total cost of the estimated budget of comprehensive. special physical needs of frail elderly or the ALF is covered. Consider 90% or VI. Application Submission disabled persons expected to be served more commitment for the total budget Requirements at reasonable cost (consider that ALF with no more than 10% general support design = meets needs = 7 points; ALF = 25 points; 80–89.9% or more (A) Application—General design partially meets needs = 3 points; commitment for the total budget with no Your application must include all of and ALF design does not meet needs = more than 20% general support = 17 the information, materials, forms, and 0 points). points; 65–79.9% firm commitment exhibits listed in Section VI(B). In cases

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(Consult the Impediments to Fair Housing Choice burden in preparing applications, you local HUD Office for the identification was used in documenting the need for will not have to submit certain new/ of the Consolidated Plan community the ALF (covering items in Section recent information and exhibits you process for the appropriate area.) VI(B)(4)(a) and (b) of this NOFA). have previously prepared. See (d) A description of the linkages that (5) A description of the physical ALF individual item descriptions, below to you have developed with other related conversion, including the following: identify such items. An example of such activities, programs or projects in order (a) How you propose to carry out the an item may be the FY 1999 Annual that the development of the project physical conversion (including a Financial Statement. provides a comprehensive and holistic timetable and relocation planning). solution to the needs of the target (B) General Application Requirements (b) A short narrative stating the population. number of units, special design features, (1) Evidence that you are a private (3) Evidence of your project being in community and office space/storage, nonprofit organization or nonprofit occupancy for at least five years as of dining and kitchen facility and staff consumer cooperative and have the the date of application to HUD. This space and the physical relationship to legal ability to operate an AFL program, evidence must be submitted by all the rest of the 202 project. Also, you per the following: applicants whose section 202 must describe how this design will (a) Articles of Incorporation, identifying number has an ‘‘EE’’ as facilitate the delivery of services in an constitution, or other organizational digits 4 & 5, i.e., xxx–EExxx, OR any economical fashion and accommodate documents, or self-certification of these ‘‘EH’’ project, i.e., xxx–EHxxx, that was the changing needs of the residents over documents, if there has been no change converted to PRAC. at least the next 10 years. in the Articles since they were (4) A market analysis of the need for (c) A copy of the original plans for all originally filed by HUD;** the proposed ALF units, including units and other areas of the (b) By-laws, or self-certification of by- information from both the project and development which will be included in laws, if there has been no change in the the housing market, containing: the conversion. by-laws since they were originally filed (a) Evidence of need for the ALF by (d) A description of the conversion with HUD;** current project residents: must clearly address the following (2) A description of your community (i) A description of the demographic accessibility issues: All door openings ties and established linkages. characteristics of the elderly residents (a) A description of your links to the must have a minimum clear opening of currently living in the project, including 32′′; and, All bathrooms and kitchens community at large and to the minority the current number of residents, and elderly communities in particular; must be accessible to and functional for distribution of residents by age and sex, persons in wheelchairs, according to the and an estimate of the number of residents (b) A description of your efforts to ‘‘Uniform Federal Accessibility with frailties/limitations in activities of Standards.’’. involve elderly persons, including daily living and an estimate of the minority elderly persons and persons (e) Architectural sketches of the number of residents in need of assisted with disabilities in: conversion to a scale of inch to one foot living services. (i) The development of the that indicate the following: (ii) A description of the services application, (i) All doors being widened; (ii) The development of the ALF which are currently available to the (ii) Typical kitchen and bathroom operating philosophy, residents and/or provided on or off-site reconfiguration: show all wheelchair (iii) Review of the application; and and what services are lacking; clearances, wall reinforcing, grab bars (iv) Your intent to involve elderly (b) Evidence of the need for ALF units and elevations of counters and work persons in the operation of the project by very low income elderly and surfaces; or not. disabled households in the market area; (iii) Bedroom/living/dining area Also, demonstrate that you made the a description of the trend in elderly and modification, if needed; application available to the residents of disabled population and household (iv) Any reconfigured common space; the project (in their language(s)) AND change; data on the demographic (v) Added/reconfigured office and requested and considered comments characteristics of the very low income storage space; from them (in their language(s)). elderly in need of assisted living (vi) Monitoring stations, and (c) A description of your involvement services (age, race, sex, household size (vii) The kitchen and dining facility. in your community’s Consolidated and tenure) and extent of residents with All architectural modifications must Planning and Analysis of Impediments frailty/limitations in existed federally- meet section 504 and ADA requirements to Fair Housing (AI) processes assisted housing for the elderly (HUD as appropriate. including: and Rural Housing Service): And an (f) A budget showing at least (i) An identification of the lead/ estimate of the very low income elderly estimated costs for materials, supplies, facilitating agency(ies) that organizes/ and disabled in need of assisted living fixtures and labor for each of the items administers the processes; taking into consideration any available listed in Section VI(B)(5)(e), items i (ii) A listing of the Consolidated Plan/ state or local data. through vii, above. AI issue areas in which you participate; (c) A description of the extent, types (g) Include firm commitment letters (iii) The level of your participation in and availability and cost of alternate with specific dollar amounts from the processes, including active care and services locally, such as: Home appropriate organization(s) for

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(and multiyear amount total, if that: Examples of both mandatory and different), length of time for the (i) Indicates the estimated cost of optional services (which will vary from commitment, and the amounts payable temporary relocation payments and state to state) are: two meals and two for each service covered by the other related services. snacks or three mails daily; 24-hour provider/paying organization. There (ii) Identifies the staff organization protective oversight; personal care; must be a letter from EACH that will carry out the relocation housekeeping services; personal participating organization listed in activities; and counseling and transportation. Section VI(B)(8)(e) of this NOFA, above. (iii) Identifies all tenants that will (b) A description of how you will (g) A support letter from EACH have to be temporarily moved to another provide the supportive services to those governmental agency(ies) which unit within the development OR from who are frail and have disabilities (i.e., provides licensing for ALFs in that the development during the period that on or off-site or combination of on or jurisdiction. the physical conversion of the project is off-site), including an explanation of (h) A description of your relevant under way. how the service coordination role will experience in arranging for and/or Note: If any of the relocation costs will be facilitate the adequate provision of such delivering supportive services to frail funded from sources other than the ALCP services to ALF residents, and how the residents. The description should grant, you must provide evidence of a firm services will meet the identified needs include any supportive services commitment of these funds. When evaluating of the residents. facilities owned/operated; your past or applications, HUD will consider the total cost (c) A description of how the operation current involvement in any project- of proposals (i.e., cost of conversion, of your ALF will work. Address (i) based programs that demonstrates your temporary relocation, service coordinator and general operating procedures, (ii) ALF other project costs). management capabilities. The philosophy and how it will promote the description should include data on the (6) A description of any retrofit or autonomy and independence of the frail facilities and specific meals and/or renovation which will be done at the elderly and persons with disabilities, supportive services provided on a project (with third party funds) that is (iii) what will the service coordination regular basis, the racial/ethnic separate and distinct from the ALF function will do and the extent to which composition of the populations served, conversion. With such description, it is existing, augmented or new, (iv) if available, and information and attach firm commitment letters from ALF staff training plans, and (v) the testimonials from residents or third party organizations in specific degree to which and how the ALF will community leaders on the quality of the dollar amounts which will cover the relate to the day-to-day operations of the services. cost of any work outside the scope of rest of the Section 202 project. Note: If a funds request for service this NOFA. (d) The monthly individual rate for (7) Evidence of permissive zoning, coordination for the ALF and/or the whole board and supportive services for the project is included as part of this application, showing that the modifications to ALF listing the total fee and the Form HUD–424M, indicating the dollars include the ALF into the project as components of the total fee for the items requested must be attached as Exhibit 10(c). proposed are permissible under required by State or local licensing AND Do NOT attach the whole service coordinator applicable zoning ordinances or list the appropriate rate for any optional application. regulations, or a statement of the services the you plan to offer to the ALF (9) A description of your project’s proposed action required to make the residents. Provide an estimate of the resources: proposed project permissible and the total annual costs of the required board (a) A copy of the most recent project basis for your belief that the proposed and supportive services you expect to Repair and Replacement (R4R) account action will be completed successfully provide and an estimate of the amount statement, and an R4R analysis showing within six months of the date of grant of optional services you expect to plans for its use over the next five years, award by HUD. e.g., a summary of the provide. and any approvals received from the results of any requests for rezoning and/ (e) List who will pay for the board and HUD field office to date. or the procedures for obtaining special supportive services, e.g., $l for meals (b) A copy of the most recent Residual or conditional use permits on land in by sponsor, $l for housekeeping Receipts Account statement. Indicate similar zoning classifications and the services by city government; $l for any approvals for the use of such time required for such rezoning, or personal care by State Department of receipts from the field office for over preliminary indications of acceptability Health; $l for l by state l program; $500/unit. from zoning bodies, etc.); $l in fees by tenants; and, $l by l. (c) Annual Financial Statement (AFS). (8) A supportive services plan (SSP), The amounts and commitments from If your FY 2000 AFS was due to REAC a copy of which must be submitted to both tenants and/or providers must more than 120 days BEFORE the due the appropriate state and/or local equal the estimated amounts necessary date for this application, in the interest agency as instructed in Section IV(C) of to cover the monthly rates for the of reducing work burden, only include this NOFA. For those applicants number of people expected to be served. the date that it was sent to REAC. If the needing to contact state Medicaid If you include tenant fees in the AFS was due to REAC 120 days or less offices, a list of them may be accessed proposal, list and show any proposed from the due date of this application, on the Internet at ‘‘www.hcfa.gov/ scaling mechanism. All amounts you MUST include a paper copy. medicaid/scon1.htm’’. The fifth committed/collected must equal the (10) Forms, Certifications and character from the end is the numeral annualized cost of the monthly rates Resolutions. The following exhibits, ‘‘1’’, not the letter ‘‘l’’ that includes: calculated by the expected percentage of forms, certifications and assurances are (a) A description of the supportive units filled. required: services needed for the frail elderly the (f) A support/commitment letter from (a) Standard Form 424, Application ALF is expected to serve. This must EACH listed proposed funding source for Federal Assistance and indication of

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(See 24 CFR drug-free workplace. license with due diligence and in a part 50, as applicable.) An (e) Form HUD–50071, Payments to timely fashion (and that the conversion environmental review will be completed Influence Federal Transactions and will NOT be a nursing home or an before the award of any grant under this Standard Form-LLL, Disclosure of Intermediate Care facility). program. Pursuant to 24 CFR Part 55, Lobbying Activities. Certification of (m) Owner/borrower’s Combined ALCP projects are critical actions for whether any of the funds received will Certifications. purposes of floodplain management be used to influence any federal (i) A certification of compliance with review. transactions and disclosure of these the requirements of the Fair Housing VIII. Findings and Certifications activities, if applicable. Act, Title VI of the Civil Rights Act, the (f) Form-HUD 2880, Applicant/ (A) Paperwork Reduction Act Age Discrimination Act of 1975, Section Recipient Disclosure/Update Report, 3 of the Housing and Urban The information collection including Social Security and Development Act of 1968 (12 U.S.C. requirements contained in this notice Employment Identification numbers. A 1701u) and the implementing have been submitted to the Office of disclosure of assistance from other regulations at 24 CFR part 135, the Management and Budget (OMB) for government sources received in affirmative fair housing marketing approval in accordance with the connection with the project. requirements of 24 CFR part 200, Paperwork Reduction Act of 1995 (44 (g) Certification Regarding Debarment subpart M and the implementing U.S.C. 3501–3520). The OMB approval and Suspension (HUD–2992) (24 CFR regulations at 24 CFR part 108, and number, once approved, will be 24.510). other applicable Federal, State and local published in the Federal Register. An (h) Form HUD–2991, Certification of agency may not conduct or sponsor, and Consistency with the Consolidated Plan laws prohibiting discrimination and promoting equal opportunity including a person is not required to respond to, (Plan), for the jurisdiction in which the a collection of information unless the proposed ALF will be located. The affirmatively furthering fair housing, and other certifications listed in the collection displays a valid control certification must be made by the unit number. of general local government if it is application. required to have, or has, a complete (ii) Certification of Compliance with (B) Catalog of Federal Domestic Plan. Otherwise, the certification may section 232 of the National Housing Act, Assistance Numbers as applicable, the Uniform Federal be made by the State, or by the unit of The Catalog of Federal Domestic Accessibility Standards (24 CFR 40.7), general local government if the project Assistance number for this program is will be located within the jurisdiction of section 504 of the Rehabilitation Act of 14.157. the unit of general local government 1973 and HUD’s implementing authorized top use an abbreviated regulations at 24 CFR part 8, and the (C) Executive Order 13132, Federalism strategy, and if it is willing to prepare design and construction requirements of This notice does not have federalism such a Plan. the Fair Housing Act and HUD’s implications and does not impose All certifications must be made by the implementing regulations at 24 CFR part substantial direct compliance costs on public official responsible for 100, and the Americans with State and local governments or preempt submitting the plan to HUD. The Disabilities Act of 1990 for all portions State law within the meaning of certifications must be submitted as part of the development physically affected Executive Order 13132 (entitled of the application by the application by this proposal; ‘‘Federalism’’). This notice invites only submission deadline date set forth (iii) Davis-Bacon. Certification of applications from 202 developments for herein. compliance with the Davis-Bacon assisted living conversion grants. The Plan regulations are published in requirements and the Contract Work (D) Prohibition Against Lobbying 24 CFR part 91. Hours and Safety Standards Act as (i) Executive Order 12372 applied to this program. While it has Activities Certification. A certification that you been determined that Davis-Bacon does You, the applicant, are subject to the have submitted a copy of your not apply statutorily to the ALCP, the provisions of section 319 of the application, if required, to the State Department has administratively Department of Interior and Related agency (single point of contact) for State determined that Davis-Bacon standards Agencies Appropriation Act for Fiscal review in accordance with Executive and overtime rates in accordance with Year 1991, 31 U.S.C. 1352 (the Byrd order 12372. the Contract-Work Hours and Safety Amendment), which prohibits (j) Certification of Residual Receipts Standards Act will be adhered to in any recipients of Federal contracts, grants, Account. If you do not have an existing ALCP conversion grant in which the or loans from using appropriated funds residual receipts account you must total cost of the physical conversion to for lobbying the executive or legislative agree to set up one as soon as there is an ALF (and including any additional branches of the Federal Government in surplus cash available, as a condition of renovation work undertaken at the same connection with a specific contract, getting this grant award. time) is $500,000 or more (this includes grant, or loan. You are required to (k) A certified Board Resolution that ALCP grant funds, owner funds, or any certify, using the certification found at no officer or director of the Owner/ third party funds loaned or granted in Appendix A to 24 CFR part 87, that you borrower or Sponsor has or will have support of the conversion or other will not, and have not, used any financial interest in any contract renovation for the project associated appropriated funds for any prohibited with the Owner or in any firm or with this grant), AND in which the ALF lobbying activities.

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In addition, you must disclose, using applicant disclosure reports, but in no been made in accordance with HUD Standard Form LLL, ‘‘Disclosure of case for a period less than 3 years. All regulations at 24 CFR part 50, Lobbying Activities,’’ any funds, other reports—both applicant disclosures and implementing section 102(2)(C) of the than Federally appropriated funds, that updates—will be made available in national Environmental Policy Act of will be or have been used to influence accordance with the Freedom of 1969 (42 U.S.C. 4332). The Finding of Federal employees, members of Information Act (5 U.S.C. 552) and No Significant Impact is available for Congress, and congressional staff HUD’s implementing regulations at 24 public inspection during business hours regarding specific grants or contracts. CFR part 5. in the Office of the Rules Docket Clerk, Tribes and tribally designated housing (3) Publication of Recipients of HUD Room 10276, Department of Housing entities (TDHEs) established by an Funding. HUD’s regulations at 24 CFR and Urban Development, 451 Seventh Indian tribe as a result of the exercise of 4.7 provide that HUD will publish a Street, SW, Washington, DC 20410. the tribe’s sovereign power are excluded notice in the Federal Register on at least IX. Authority from coverage of the Byrd Amendment, a quarterly basis to notify the public of but tribes and TDHEs established under all decisions made by the Department to The Section 202 Supportive Housing provide: State law are not excluded from the for the Elderly Program is authorized by (i) Assistance subject to section 102(a) statute’s coverage. section 202 of the Housing Act of 1959 of the HUD Reform Act; or (12 U.S.C. 1701q), as amended. The (E) Section 102 of the HUD Reform Act; (ii) Assistance that is provided Assisted Living Conversion Program is Documentation and Public Access through grants or cooperative authorized by Title V, section 522 of the Requirements agreements on a discretionary (non- FY 2000 Departments of Veteran’s formula, non-demand) basis, but that is Section 102 of the Department of Affairs, HUD and Independent Agencies not provided on the basis of a Housing and Urban Development Appropriations Act, 2000 (12 U.S.C. competition. Reform Act of 1989 (42 U.S.C. 3545) 1701q–2). (HUD Reform Act) and the regulations (F) Section 103 of the HUD Reform Act codified in 24 CFR part 4, subpart A, Dated: March 13, 2000. contain a number of provisions that are HUD’s regulations implementing William C. Apgar, designed to ensure greater section 103 of the Department of Assistant Secretary for Housing—Federal accountability and integrity in the Housing and Urban Development Housing Commission. provision of certain types of assistance Reform Act of 1989 (42 U.S.C. 3537a), codified in 24 CFR part 4, apply to this Appendix A—Instructions for administered by HUD. On January 14, Application Submission to the Proper 1992 (57 FR 1942), HUD published a funding competition. The regulations continue to apply until the Hub notice that also provides information on announcement of the selection of the implementation of section 102. The (a) Applicants required to submit successful applicants. HUD employees documentation, public access, and applications to the Buffalo Hub are normally involved in the review of applications disclosure requirements of section 102 serviced by the Boston, Hartford, Manchester, and in the making of funding decisions apply to assistance awarded under this Providence, New York, Buffalo, Philadelphia, are limited by the regulations from NOFA as follows: Charleston, Newark, Philadelphia, providing advance information to any Pittsburgh, Baltimore, Washington, DC, and (1) Documentation and public access person (other than an authorized Richmond Field Offices. requirements. HUD will ensure that employee of HUD) concerning funding (b) Applicants required to submit documentation and other information decisions, or from otherwise giving any applications to the Greensboro Hub are regarding each application submitted applicant an unfair competitive normally serviced by the Greensboro, pursuant to this NOFA are sufficient to advantage. Persons who apply for Columbia, Atlanta, Caribbean, Knoxville, indicate the basis upon which assistance in this competition must Louisville, Nashville, Jacksonville, Miami, assistance was provided or denied. This confine their inquiries to the subject Jackson, Ft. Worth, Albuquerque, Dallas, material, including any letters of areas permitted under 24 CFR part 4. Houston, Little Rock, New Orleans, San support, will be made available for Applicants or employees who have Antonio, and Shreveport Field Offices. public inspection for a 5-year period ethics related questions should contact (c) Applicants required to submit applications to the Kansas City Hub are beginning not less than 30 days after the the HUD Ethics Law Division at (202) normally serviced by the Cincinnati, award of the assistance. Material will be 708–3815. (This is not a toll-free made available in accordance with the Cleveland, Columbus, Chicago, Indianapolis, number.) For HUD employees who have Detroit, Grand Rapids, Des Moines, Kansas Freedom of Information Act (5 U.S.C. specific program questions, the 552) and HUD’s implementing City, Oklahoma City, Omaha, St. Louis, employee should contact the Tulsa, Milwaukee and Minneapolis Field regulations in 24 CFR part 15. appropriate field office counsel, or Offices. (2) Disclosures. HUD will make Headquarters counsel for the program to (d) Applicants required to submit available to the public for 5 years all which the question pertains. applications to the San Francisco Hub are applicant disclosure reports (HUD Form (G) Environmental Impact normally serviced by Denver, Los Angeles, 2880) submitted in connection with this San Diego, San Francisco, Honolulu, Las NOFA. Update reports (also Form 2880) A Finding of No Significant Impact Vegas, Phoenix, Sacramento, Anchorage, will be made available along with the with respect to the environment has Portland, Seattle and Spokane Field Offices.

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Appendix B—HUD Field Office List for HUD—Greensboro Hub HUD—San Francisco Hub Mailing ALCP Applications Greensboro Office San Francisco Office Note: The first line of the mailing address Koger Building, 2306 West Meadowview Phillip Burton Federal Building and U.S. for all offices is Department of Housing and Road, Greensboro, NC 27407–3707, (336) Courthouse, 450 Golden Gate Avenue, P.O. Urban Development. Telephone numbers 547–4000, TTY Number: (336) 547–4055. Box 36003, San Francisco, CA 94102–3448, listed are not toll-free. HUD—Great Plains (415) 436–6550, TTY Number: (415) 436– 6594. HUD—Buffalo Hub Kansas City Office [FR Doc. 00–6572 Filed 3–14–00; 8:45 am] Buffalo Office, Room 200, Gateway Tower II, 400 State Fifth Floor, Lafayette Court, 465 Main Street, Avenue, Kansas City, KS 66101–2406, OFC BILLING CODE 4210±27±P Buffalo, NY 14203–1780, (716) 551–5755, Phone: (913) 551–5462, FAX: (913) 551– TTY Number: (716) 551–5787. 6972.

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Part IV

Department of Housing and Urban Development Fiscal Year 2000; Notice of Funding Availability for Service Coordinators in Multifamily Housing; Notice

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DEPARTMENT OF HOUSING AND application due date and received by II. Amount Allocated URBAN DEVELOPMENT the designated HUD Office on or within ten (10) days of the application due This NOFA makes available [Docket No. FR±4582±N±01] date. approximately $25,000,000 in FY 2000 funding from the $50 million provided Fiscal Year 2000 Notice of Funding Applications Sent by Overnight/ in the Housing for Special Populations Availability for Service Coordinators in Express Mail Delivery. Applications sent account in the Departments of Veterans Multifamily Housing by overnight delivery or express mail will be considered timely filed if Affairs and Housing and Urban AGENCY: Office of the Assistant received before or on the application Development, and Independent Secretary for Housing-Federal Housing due date, or upon submission of Agencies Appropriations Act, 2000 Commissioner, HUD. documentary evidence that they were (Pub.L. 106–74, 113 Stat. 1047, ACTION: Notice of funding availability placed in transit with the overnight approved October 20, 1999). (HUD will (NOFA). delivery service by no later than the use the remaining $25 million specified application due date. appropriated this year to provide one- SUMMARY: This NOFA announces the FY year extensions to expiring Service 2000 funding available for the Service Hand Carried Applications. Hand carried applications to HUD Field Coordinator and Congregate Housing Coordinator Program in multifamily Services Program grants.) housing. offices will be accepted during normal Purpose of the Program. The purpose business hours before the application HUD will first fund Service of this Service Coordinator program is to due date. On the application due date, Coordinator costs in applications allow multifamily housing owners to business hours will be extended to 6 pm selected to receive an Assisted Living assist elderly residents and residents local time. Conversion Program (ALCP) grant with disabilities to obtain needed For Application Kits, Further award. The Department estimates that supportive services from the Information, and Technical Assistance. approximately $5 million will be community, in order to enable them to For Application Kits. You may obtain an needed to fund these programs. The continue living as independently as application kit and supplemental actual amount will be based upon possible in their apartments. information by calling either the demand and the number of applications Available Funds. Approximately $25 Multifamily Housing Clearinghouse at that meet threshold criteria in both the million. (voice) 1–800–MULTI–70 (1–800–685– ALCP and Service Coordinator Eligible Applicants. Only owners of 8470) or (TTY) 1–800–483–2209 or programs. HUD will set-aside the eligible developments may apply for HUD’s Direct Distribution Center at 1– requested amount of ALCP/Service and become the recipient of grant funds. 800–767–7468. When requesting the Coordinator funds prior to conducting Property management companies may application kit, please refer to the the national lottery. Any funds not used administer grant programs but are not Service Coordinator Program. Please for ALCP Service Coordinator programs eligible applicants. See Section III for make sure to provide your name, will revert to the lottery to fund all other more detailed eligibility criteria. address (including zip code), and eligible applications submitted under Application Deadline. July 17, 2000. telephone number (including area code). this NOFA. Match. None. The application kit will also be available on the Internet through the In FY 1999, HUD awarded 51 grants Additional Information HUD web site at http://www.hud.gov. with the available $5 million. With approximately $20 million available this I. Application Due Date, Application For Further Information and Kits, and Technical Assistance Technical Assistance. The Multifamily year to non-ALCP applicants, HUD Application Due Date. The Housing Resident Initiatives Specialist expects to award approximately 200 application due date is July 17, 2000. or Service Coordinator contact person in grants in FY 2000. Number of copies. Submit three your local HUD Field Office can answer Alternative Funding for Service completed applications (an original and most of the questions you have Coordinators. Owners may request two copies). See the following regarding this NOFA and your processing under Housing’s paragraphs for specific procedures application kit. Please refer to Field Management Agent Handbook 4381.5, governing the form of application Office telephone numbers in the REVISION–2, CHANGE–2, Chapter 8. submissions (e.g., mailed applications, Appendix. If you are an owner of a This Handbook provides procedures for express mail, overnight delivery, or Section 515 development, contact the requesting funding for a coordinator hand carried). Multifamily HUB or Multifamily using residual receipts, the budget- Addresses for Submitting Program Center in the HUD Field Office based rent increase process, contract Applications. Submit your application that normally provides asset rents adjusted by the Annual (original and two copies) to the HUD management to that development. If you Adjustment Factor (AAF) or the Project Field Office with jurisdiction over your have a general question that the Field Rental Assistance Contract (PRAC). development. The Appendix contains a staff are unable to answer, please call Section 8 approvals must be consistent list of the HUD Field Offices with Carissa Janis, Housing Project Manager, with current policy. Your local HUD addresses and phone numbers. Address Office of Portfolio Management, Field Office staff may approve budget- your application to the Multifamily Department of Housing and Urban HUB or Multifamily Program Center Development, 451 Seventh Street, SW, based funding for a Service Coordinator Director in the appropriate Field Office. Room 6176, Washington, DC 20410; at any time, as long as available funds You should not submit any copies of (202) 708–3944, extension 2484. (This in your budget allow for this increase. your applications to HUD Headquarters. number is not toll free). If you are You are not required to apply for these Application Submission Procedures. hearing or speech impaired, you may grant funds prior to seeking budget- Mailed Applications. Applications will access this number via TTY by calling based funding for a Service Coordinator. be considered timely filed if postmarked the Federal Information Relay Service at on or before 12 midnight on the 1–800–877–8339.

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III. Program Description; Eligible and (2) If you are a Section 202 owner/ (D) Eligible Developments Ineligible Applicants, Developments, borrower corporation applying for an Eligible developments must meet the and Activities Assisted Living Conversion Program following criteria: (ALCP) grant, you may apply for new or (A) Program Description (1) Are Section 202 and 202/8, augmented Service Coordinator costs to existing Section 8 project-based and The Service Coordinator Program serve Assisted Living residents and/or moderate rehabilitation developments provides funding for the employment all residents of your development. (including Rural Housing Service (RHS) and support of service coordinators in (3) To be eligible, owners must meet Section 515/8 and Section 221(d)(4)), insured and assisted housing the criteria listed below for all HUD Section 221(d)(3) below-market interest developments that are designed for the insured and assisted developments they rate, and 236 developments that are elderly and persons with disabilities own: insured or assisted. and continue to operate as such. Service (a) Have no outstanding HUD contract (2) Have frail or at-risk elderly coordinators help residents obtain violations of a contractual or regulatory residents and/or non-elderly residents supportive services from the community nature. with disabilities who together total at that are needed to enable independent (b) You, the applicant, must comply least 25 percent of the building’s living and aging in place. with all fair housing and civil rights residents. A service coordinator is a social laws, statutes, regulations, and (3) Are designed for the elderly or service staff person hired or contracted executive orders as enumerated in 24 persons with disabilities and continue by the development’s owner or CFR 5.105(a). If you, the applicant (i) to operate as such. This includes any management company. The coordinator have been charged with a systemic building within a mixed-use is responsible for assuring that elderly violation of the Fair Housing Act by the development that was designed for residents, especially those who are frail Secretary alleging ongoing occupancy by elderly persons or or at risk, and those non-elderly discrimination; (ii) are the defendant in persons with disabilities at its inception residents with disabilities are linked to a Fair Housing Act lawsuit filed by the and continues to operate as such, or the specific supportive services they Department of Justice alleging an consistent with title VI, subtitle D of the need to continue living independently ongoing pattern or practice of Housing and Community Development in that development. All services should discrimination; or (iii) have received a Act of 1992. If not so designed, a meet the specific desires and needs of letter of noncompliance findings under development in which the owner gives the residents themselves. The service Title VI of the Civil Rights Act of 1964, preferences in tenant selection (with coordinator may not require any elderly section 504 of the Rehabilitation Act of HUD approval) to eligible elderly individual or person with a disability to 1973, or section 109 of the Housing and persons or persons with disabilities, for accept any specific supportive Community Development Act of 1974, all units in that development. service(s). your application will not be evaluated (4) You have completed Final Closing. You may want to review the under this NOFA if, prior to the (5) Are current in mortgage payments Management Agent Handbook 4381.5 application deadline, the charge, or are current under a workout REVISION–2, CHANGE–2, Chapter 8 for lawsuit, or letter of findings has not agreement. (6) Meet HUD’s Uniform Physical further guidance on service been resolved to the satisfaction of the Conditions Standards (codified in 24 coordinators. This Handbook and past Department. HUD’s decision regarding CFR part 5, subpart G), based on the Service Coordinator program Notices are whether a charge, lawsuit, or a letter of most recent physical inspection report accessible through HUDCLIPS on HUD’s findings has been satisfactorily resolved and responses thereto, as evidenced by web site. The URL for the HUDCLIPS will be based upon whether appropriate a score of 60 or better or an approved Database Selection Screen is http:// actions have been taken necessary to plan for developments scoring less than www.hudclips.org/subscriber/cgi/ address allegations of ongoing 60. legis.cgi. These notices are in the discrimination in the policies or (7) Are in compliance with their Handbooks and Notices—Housing practices involved in the charge, regulatory agreement, HAP Contract, Notices database. Enter only the number lawsuit, or letter of findings. and other outstanding directives. without the letter prefix (e.g., 94–99) in (4) If your eligibility status changes (8) Section 202 developments must the ‘‘Document Number’’ to retrieve the during the course of the grant term, have a residual receipts account program notice. making you ineligible to receive a grant separate from the Repair and As was the case in FY 1999, there is (e.g. due to prepayment of mortgage, Replacement account, or agree to no minimum unit number for eligible sale of property, or opting out of a establish this account. This requirement developments. In proposing a Service Section 8 Housing Assistance Payment does not apply to Sections 8, 221(d)(3) Coordinator program at a small (HAP) contract), HUD has the right to below-market interest rate, or 236 development, however, you must be terminate your grant. developments. careful to conform to the hiring (C) Ineligible Applicants (9) Owners using the AAF rent guidelines provided in the application increase process or who are profit- kit. Funding is also allowed to augment Property management companies, motivated must provide certification current Service Coordinator programs area agencies on aging, and other like that rental and other income from the and to continue programs in cases organizations are not eligible applicants development are insufficient to pay for where current or previous funding for Service Coordinator funds. Such a service coordinator. sources are no longer available. Please agents may prepare applications and refer to Sections III.D and III.F, below. sign application documents if they (E) Ineligible Developments provide written authorization from the (B) Eligible Applicants (1) Developments not designed for the owner corporation as part of the elderly or disabled or those no longer (1) Only owners of eligible application. In such cases, the owner operating as such. developments listed in paragraph D.1 corporation must be indicated on all (2) Section 221(d)(4) developments below may apply for funding through forms and documents as the funding without project-based Section 8 this NOFA. recipient. assistance.

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(3) Section 202/811 developments (3) Congregate Housing Services 1973, and the Age Discrimination Act of with a PRAC. Owners of Section 202 Program (CHSP) grantees may not use 1975, and that you will affirmatively PRAC developments may obtain these funds to meet statutory program further fair housing. funding by requesting an increase in match requirements and may not use (8)(a) Certification from an their PRAC payment consistent with these funds to replace current CHSP Independent Public Accountant or the Handbook 4381.5 REVISION–2, program funds to continue the cognizant government auditor stating CHANGE–2, Chapter 8. There is no employment of a service coordinator. that the financial management system statutory authority for service (4) The cost of application preparation employed by the applicant meets coordinators in Section 811 is not eligible. proscribed standards for fund control developments. (5) Grant funds cannot be used to and accountability required by HUD increase a project’s management fee. (F) Eligible Activities regulations at 24 CFR parts 84 and 85. IV. Program Requirements (b) Owners applying on behalf of (1) Service Coordinator Program grant developments using the AAF must also funds may be used to pay for the salary, These requirements apply to all provide certification from the auditor fringe benefits, and related activities funded under this program. that the development’s rental or other administrative costs for employing a (A) Administrative Costs. HUD has income is insufficient to pay the costs service coordinator. Administrative the right to reduce the proposed costs if of employing a Service Coordinator. they appear unreasonable or costs may include, but are not limited (9) Service Coordinator Applicant to, purchase of furniture, office inappropriate. (B) Term of Funded Activities. The Data Input Sheet. equipment and supplies, training, (10) Applicant checklist. quality assurance, travel, and utilities. grant term is three years. Grants will be renewable subject to the availability of (11) Each applicant must also submit (2) You may use funds to augment a signed copies of the following forms, current Service Coordinator program, by funds. (C) Subgrants and Subcontracting. assurances and certifications: increasing the hours of a currently (a) Standard form (SF) 424, employed Service Coordinator, or hiring You may directly hire a Service Coordinator or you may contract with a Application for Federal Assistance; an additional Service Coordinator or (b) Standard Form (SF) 424–B, aide on a part- or full-time basis. qualified third party to provide this service. Assurances for Non-construction (3) You may use funds to continue a (D) Environmental Requirements. It is Programs; Service Coordinator program that has anticipated that most activities under (c) Drug-Free Workplace Certification previously been funded through other this program are categorically excluded (HUD–50070); sources. In your application, you must under 24 CFR 50.19(b)(3), (4), (12), or (d) Certification and Disclosure Form provide evidence that this funding (13). If grant funds will be used to cover Regarding Lobbying Activities (SF– source has already ended or will the cost of any non-exempt activities, LLL); and discontinue within six months HUD will perform an environmental following the application deadline date (e) Applicant/Recipient Disclosure review, to the extent required by 24 CFR Update Report (HUD–2880). and that no other funding mechanism is part 50, prior to grant award. available to continue the program. This (E) Required Certifications, V. Application Selection Process applies only to funding sources other Assurances, and Other Forms. All (A) General than the subsidy awards provided by applications for funding under the the Department through program Service Coordinator Program must Service Coordinator Program grant Notices beginning in FY 1992. HUD contain the following documents and funds will not be awarded through a currently provides one-year extensions information: rating and ranking process. Instead, to these subsidy awards through a (1)(a) FY 1999 applicants’ letter to use HUD will hold one national lottery for separate funding action. FY 1999 applications (no other all approvable applications forwarded (4) You may propose reasonable costs documentation required) or from Multifamily HUB or Multifamily associated with setting up a confidential (b) Transmittal letter and request, Program Centers (a list of these offices office space for the Service Coordinator. using the designated format. is found in the Appendix to this notice). Such expenses must be one-time only (2) (If applicable) Lead agency letter (B) Threshold Eligibility Review administrative start-up costs. Such costs format. may involve acquisition, leasing, (3) Evidence of comparable salaries in (1) HUD Multifamily Field Office staff rehabilitation, or conversion of space. local area. will review applications for HUD Field Office staff must approve (4) If quality assurance is included in completeness and compliance with the both the proposed costs and activity and the proposed budget, a justification and eligibility criteria set forth in Section III must perform an environmental explanation of how this work will be of this NOFA. Field Office staff will assessment on such proposed work performed. forward application information to prior to grant award. (5) A bank statement showing the Headquarters for entry into the lottery if the application was received by the (G) Ineligible Activities current residual receipts or surplus cash balance in the development’s account. deadline date, meets all eligibility (1) You may not use funds available (6) (If applicable) Evidence that prior criteria, proposes reasonable costs for through this NOFA to replace currently funding sources for your development’s eligible activities, and includes all available funding from other sources for Service Coordinator program are no technical corrections by the designated a service coordinator or for some other longer available. deadline date. staff person who performs service (7) Service Coordinator Certifications. (2) ‘‘Reasonable costs’’ are further coordinator functions. This includes certifications that you, the discussed in the application kit, but are (2) Owners with existing service applicant, will comply with the generally those that are consistent with coordinator subsidy awards may not requirements of the Fair Housing Act, salaries and administrative costs of apply for renewal or extension of those Title VI of the Civil Rights Act of 1964, similar programs in the jurisdiction of programs under this NOFA. Section 504 of the Rehabilitation Act of the HUD Field Office.

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(C) Service Coordinators in ALCP located in the same Field Office has a Service Coordinator, you may Projects jurisdiction. request additional hours for the Service (c) If you wish to apply on behalf of Coordinator to serve the Assisted Living The Department will first fund developments located in different Field approved Service Coordinator requests residents. If you request additional Office jurisdictions, you must submit a hours, you must specify the number of in ALCP applications selected to receive separate application to each Field an ALCP award. HUD estimates that additional hours per week and provide Office. an explanation based on the anticipated approximately $5 million will be (2) Joint Applications. You may join needed to fund these programs. Any needs of the Assisted Living residents. with one or more other eligible owners Provide this explanation in your ALCP funds not used for ALCP Service to share a Service Coordinator and Coordinator programs will revert to the application as instructed in Section submit a joint application. In the past, VI(C)(3)(b) of the ALCP NOFA. national lottery. joint applications have been used by (D) The Lottery small developments who joined together If you request Service Coordinator to hire and share a part or full-time funding to serve all residents of your HUD staff will use a computer Service Coordinator. development, your request can be program to randomly select (3) There is no maximum grant entered into the national lottery if your applications. HUD will fully fund as amount. The grant amount you request ALCP application is not selected to many applications as possible with the must be consistent with the staffing receive an award. You will be able to given amount of funds. If funds remain guidelines provided in the application indicate this request in the application after fully funding as many applications kit and your proposed salary must be materials. as possible, HUD will offer to partially supported by evidence of comparable Owners applying for ALCP grants may fund the next application chosen in the salaries in your area. lottery, in order to use the entire also submit separate Service allocation of funds. (C) Application Submission Coordinator applications for entry into Requirements for ALCP Applicants the lottery for other eligible VI. Application Submission developments they own and that are not If you are an ALCP applicant and you Requirements included in their ALCP application. request new or additional Service (A) FY 1999 Applicants Coordinator costs specifically for your VII. Corrections to Deficient If your FY 1999 application was proposed Assisted Living Program, you Applications approved by the Field Office but not must submit an application containing After the application due date, HUD selected in the FY 1999 lottery and you all required documents and information may not, consistent with its regulations wish to apply again this year, you may listed in this NOFA. In addition, you in 24 CFR part 4, subpart B, consider use the same application to apply for FY must submit a HUD–424–M ‘‘Federal any unsolicited information you, the 2000 funds. You need not submit a new Assistance Funding Matrix and applicant, may want to provide. HUD application, if no components of your Certifications’’ with your ALCP proposed FY 1999 program will change. application, which indicates the amount may contact you, however, to clarify an You must submit a letter to your local of funds you are requesting to cover item in your application or to correct Field Office, by the application deadline Service Coordinator costs. HUD Field technical deficiencies. You should note, date, stating that you would like the Office staff will review both however, that HUD may not seek Field Office to approve your application applications simultaneously. clarification of items or responses that ALCP applicants must submit all the for FY 2000 funding, that no part of improve the substantive quality of your required items in the Service your proposed program will change, and response to any selection factors. In Coordinator application listed in that the development and owner entity order not to unreasonably exclude Section IV(E) of this NOFA. You will continue to meet all eligibility applications from being rated and submit the following standard forms as requirements. If this letter is not ranked, HUD may, however, contact part of your ALCP application. You may received by the deadline date, your FY applicants to ensure proper completion provide a copy of these forms in your 1999 application will not be considered of the application and will do so on a Service Coordinator application. If you for funding. The Field staff has the right uniform basis for all applicants. do not provide either an original or copy to reject your FY 1999 application for Examples of curable (correctable) of these forms, your Service Coordinator FY 2000 funding, if recent technical deficiencies include your application will be incomplete. circumstances cause the application to failure to submit the proper (a) Standard form (SF) 424, become ineligible. If you wish to change certifications or your failure to submit Application for Federal Assistance; an application that contains an original any component of your proposed FY (b) Drug-Free Workplace Certification signature by an authorized official. In 1999 program, you must submit a new (HUD–50070); application. (c) Certification and Disclosure Form each case, HUD will notify you in writing by describing the clarification or (B) Full Application Submission Regarding Lobbying Activities (SF– technical deficiency. HUD will notify Requirements LLL); and (d) Applicant/Recipient Disclosure applicants by facsimile or by return (1) Single Applications. Update Report (HUD–2880). receipt requested. You must submit (a) You may submit one application If you currently do not have a Service clarifications or corrections of technical for one or more developments that your Coordinator working at the development deficiencies in accordance with the corporation owns. proposed in your ALCP application and information provided by HUD within 14 (b) You may submit more than one your ALCP application is selected to calendar days of the date of receipt of application to a single Field Office, if receive an ALCP award, HUD will fund the HUD notification. If your deficiency you wish to increase your chances of a Service Coordinator to serve either is not corrected within this time period, selection in the lottery. Each application ALCP residents only or all residents of HUD will reject your application as must propose a stand-alone program the development dependent upon your incomplete, and it will not be and the development(s) must all be request. If your development currently considered for funding.

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VIII. Findings and Certifications from coverage of the Byrd Amendment, not provided on the basis of a but tribes and TDHEs established under (A) Paperwork Reduction Act competition. State law are not excluded from the The information collection statute’s coverage. (F) Section 103 of the HUD Reform Act requirements contained in this notice HUD’s regulations implementing were submitted to the Office of (E) Section 102 of the HUD Reform Act; Management and Budget for review Documentation and Public Access section 103 of the Department of under the provisions of the Paperwork Requirements Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a), Reduction Act of 1995 (44 U.S.C. 3501– Section 102 of the Department of codified in 24 CFR part 4, apply to this 3520) and have been assigned OMB Housing and Urban Development control number 2577–0198. An agency Reform Act of 1989 (42 U.S.C. 3545) funding competition. The regulations may not conduct or sponsor, and a (HUD Reform Act) and the regulations continue to apply until the person is not required to respond to, a codified in 24 CFR part 4, subpart A, announcement of the selection of collection of information unless the contain a number of provisions that are successful applicants. HUD employees collection displays a valid control designed to ensure greater involved in the review of applications number. accountability and integrity in the and in the making of funding decisions are limited by the regulations from (B) Catalog of Federal Domestic provision of certain types of assistance providing advance information to any Assistance Numbers administered by HUD. On January 14, 1992 (57 FR 1942), HUD published a person (other than an authorized The Catalog of Federal Domestic notice that also provides information on employee of HUD) concerning funding Assistance number for this program is the implementation of section 102. The decisions, or from otherwise giving any 14.191, Multifamily Service Coordinator documentation, public access, and applicant an unfair competitive Program. disclosure requirements of section 102 advantage. Persons who apply for (C) Executive Order 13132, Federalism apply to assistance awarded under this assistance in this competition must NOFA as follows: This notice does not have federalism confine their inquiries to the subject implications and does not impose (1) Documentation and public access areas permitted under 24 CFR part 4. requirements. HUD will ensure that substantial direct compliance costs on Applicants or employees who have documentation and other information State and local governments or preempt ethics related questions should contact regarding each application submitted State law within the meaning of the HUD Ethics Law Division at (202) Executive Order 13132 (entitled pursuant to this NOFA are sufficient to indicate the basis upon which 708–3815. (This is not a toll-free ‘‘Federalism’’). This notice merely number.) For HUD employees who have invites applications from assisted assistance was provided or denied. This material, including any letters of specific program questions, the housing developments for service employee should contact the coordinator grants. As a result, the support, will be made available for public inspection for a 5-year period appropriate field office counsel, or notice is not subject to review under the Headquarters counsel for the program to Order. beginning not less than 30 days after the award of the assistance. Material will be which the question pertains. (D) Prohibition Against Lobbying made available in accordance with the (G) Environmental Impact Activities Freedom of Information Act (5 U.S.C. You, the applicant, are subject to the 552) and HUD’s implementing A Finding of No Significant Impact provisions of section 319 of the regulations in 24 CFR part 15. with respect to the environment for this Department of Interior and Related (2) Disclosures. HUD will make rule has been made in accordance with Agencies Appropriation Act for Fiscal available to the public for 5 years all HUD regulations at 24 CFR part 50, Year 1991, 31 U.S.C. 1352 (the Byrd applicant disclosure reports (HUD Form which implement section 102(2)(C) of Amendment), which prohibits 2880) submitted in connection with this the National Environmental Policy Act recipients of Federal contracts, grants, NOFA. Update reports (also Form 2880) of 1969. The Finding of No Significant or loans from using appropriated funds will be made available along with the Impact is available for public inspection for lobbying the executive or legislative applicant disclosure reports, but in no between 7:30 a.m. and 5:30 p.m. branches of the Federal Government in case for a period less than 3 years. All weekdays in the Office of the Rules reports—both applicant disclosures and connection with a specific contract, Docket Clerk, Office of the General updates—will be made available in grant, or loan. You are required to Counsel, Department of Housing and certify, using the certification found at accordance with the Freedom of Information Act (5 U.S.C. 552) and Urban Development, Room 10276, 451 Appendix A to 24 CFR part 87, that you Seventh Street, SW, Washington, DC will not, and have not, used HUD’s implementing regulations at 24 20410. appropriated funds for any prohibited CFR part 5. lobbying activities. In addition, you (3) Publication of Recipients of HUD IX. Authority must disclose, using Standard Form Funding. HUD’s regulations at 24 CFR LLL, ‘‘Disclosure of Lobbying 4.7 provide that HUD will publish a Section 808 of the Cranston-Gonzalez Activities,’’ any funds, other than notice in the Federal Register on at least National Affordable Housing Act (Pub. Federally appropriated funds, that will a quarterly basis to notify the public of L. 101–625, approved November 28, be or have been used to influence all decisions made by the Department to 1990), as amended by sections 671, 674, Federal employees, members of provide: 676, and 677 of the Housing and Congress, and congressional staff (i) Assistance subject to section 102(a) Community Development Act of 1992 regarding specific grants or contracts. of the HUD Reform Act; or (Pub. L. 102–550, approved October 28, Tribes and tribally designated housing (ii) Assistance that is provided 1992), provides authority for service entities (TDHEs) established by an through grants or cooperative coordinators in multifamily assisted Indian tribe as a result of the exercise of agreements on a discretionary (non- housing developments. the tribe’s sovereign power are excluded formula, non-demand) basis, but that is

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Dated: March 13, 2000. OFC Phone: (904) 232–1777 x2144, FAX: MASSACHUSETTS William C. Apgar, (904) 232–2731 Multifamily Housing Hub, HUD—Boston Assistant Secretary for Housing-Federal GEORGIA Office, O’Neil Federal Building, 10 Causeway Street, Rm. 375, Boston, MA Housing Commissioner. Multifamily Housing Hub, HUD—Atlanta 02222–1092, OFC Phone: (617) 565–5162, Office, Five Points Plaza Building, 40 Appendix A.—HUD Field Office List for FAX: (617) 565–6557 Marietta Street, S.W., Atlanta, Georgia Mailing Service Coordinator MICHIGAN Applications 30303–2806, OFC Phone: (404) 331–4976, FAX: (404) 331–4028 Multifamily Housing Hub, HUD Detroit ALABAMA HAWAII Office, 477 Michigan Avenue, Detroit, MI 48226–2592, OFC Phone: (313) 226–7900, Multifamily Housing Program Center, HUD— Multifamily Housing Program Center, HUD Birmingham Office, 600 Beacon Parkway FAX: (313) 226–5611 Honolulu Office, 7 Waterfront Plaza, 500 Multifamily Housing Program Center, HUD West, Rm. 300, Birmingham, AL 35209– Ala Moana Blvd. #500, Honolulu, HI 3144, OFC Phone: (205) 290–7611, FAX: Grand Rapids, Trade Center Building, 50 96813–4918, OFC Phone: (808) 522–8185 (205) 290–7632 Louis Street, N.W., Grand Rapids, MI Ext. 244, FAX: (808) 522–8194 49503–2648, OFC Phone: (616) 456–2100, ALASKA IDAHO FAX: (616) 456–2191 Multifamily Housing Hub, HUD Seattle MINNESOTA Office, 909 First Avenue, Suite 190, MS– Multifamily Housing Hub, HUD Seattle Multifamily Housing Hub, HUD Minneapolis 0AHM, Seattle, WA 98104–1000, OFC Office, 909 First Avenue, Suite 190, MS– Office, 220 Second Street, South, Phone: (206) 220–5228 ext. 3250, FAX: 0AHM, Seattle, WA 98104–1000, OFC Minneapolis, MN 55401–2195, OFC Phone: (206) 220–5206 Phone: (206) 220–5228 ext. 3250, FAX: (206) 220–5206 (612) 370–3051 Ext. 0, FAX: (612) 370– ARIZONA 3090 ILLINOIS Multifamily Housing Program Center, HUD MISSISSIPPI Phoenix Office, 400 North Fifth Street, Multifamily Housing Hub, HUD—Chicago Multifamily Housing Program Center, HUD Suite 1600, Phoenix, AZ 85004–2361, OFC Office, Ralph Metcalfe Federal Building, 77 Jackson Office—McCoy Federal Building, Phone: (602) 379–4434, FAX: (602) 379– West Jackson Boulevard, Chicago, IL 60604–3507, OFC Phone: (312) 353–6236 100 W. Capitol Street, Room 910, Jackson, 3985 MS 39269–1096, OFC Phone: (601) 965– Ext. 2202, FAX: (312) 886–2729 ARKANSAS 4738, FAX: (601) 965–4773 INDIANA Multifamily Housing Program Center, HUD MISSOURI Little Rock Office, 425 West Capitol Multifamily Housing Program Center, HUD Multifamily Housing Hub, HUD Kansas City Avenue #900, Little Rock, AR 72201–3488, Indianapolis Office, 151 North Delaware Office, 400 State Avenue, Room 200, OFC Phone: (501) 324–5401, FAX: (501) Street, Suite 1200, Indianapolis, IN 46204– Kansas City, KS 66101–2406, OFC Phone: 324–6142 2526, OFC Phone: (317) 226–6303, FAX: (913) 551–6844, FAX: (913) 551–5469 CALIFORNIA (317) 226–7308 Multifamily Housing Program Center, HUD Multifamily Housing Hub, HUD—San IOWA St. Louis Office, Robert A. Young Federal Building, 1222 Spruce Street—Third Floor, Francisco Office, 450 Golden Gate Avenue, Multifamily Housing Program Center, HUD PO Box 36003, San Francisco, CA 94102– St. Louis, MO 63103–2836, OFC Phone: Des Moines Office, 210 Walnut Street, (314) 539–6382, FAX: (314) 539–6356 3448, OFC Phone: (415) 436–6505, FAX: Room 239, Des Moines, IA 50309–2155, (415) 436–8996 OFC Phone: (515) 284–4736, FAX: (515) MONTANA Los Angeles Multifamily Hub, 611 West 284–4743 Multifamily Housing Hub, HUD Denver Sixth Street, Suite 800, Los Angeles, CA KANSAS Office, 633 17th Street, 14th Floor, Denver, 90017, OFC Phone: (213) 894–8000 x 3634, CO 80202–3607, OFC Phone: (303) 672– Fax: (213) 894–8255 Multifamily Housing Hub, HUD Kansas City 5343, FAX: (303) 672–5153 Office, 400 State Avenue, Room 200, COLORADO NEBRASKA Kansas City, KS 66101–2406, OFC Phone: Multifamily Housing Hub, HUD Denver (913) 551–6844, FAX: (913) 551–5469 Multifamily Housing Program Center, HUD Office, 633 17th Street, 11th Floor, Denver, Omaha Office, 10909 Mill Valley Road, CO 80202–3607, OFC Phone: (303) 672– KENTUCKY Suite 100, Omaha, NE 68154–3955, OFC 5343, FAX: (303) 672–5153 Multifamily Housing Program Center, HUD— Phone: (402) 492–3113, FAX: (402) 492– CONNECTICUT Louisville Office, 601 West Broadway, PO 3184 Multifamily Housing Program Center, HUD— Box 1044, Louisville, KY 40201–1044, OFC NEVADA Hartford Office, One Corporate Center, Phone: (502) 582–6124, FAX: (502) 582– 6547 Multifamily Housing Program Center, HUD 19th floor, Hartford, CT 06103–3220, OFC Las Vegas Office, 333 N. Rancho Drive— Phone: (860) 240–4800 Ext. 3068, FAX: LOUISIANA Atrium Bldg. Suite 700, Las Vegas, NV (860) 240–4850 Multifamily Housing Program Center, HUD 89106–3714, OFC Phone: (702) 388–6525, DELAWARE New Orleans Office, Hale Boggs Bldg.—501 FAX: (702) 388–6244 Multifamily Housing Hub,HUD Philadelphia Magazine Street, 9th Floor, New Orleans, NEW HAMPSHIRE Office, The Wanamaker Building, 100 Penn LA 70130–3099, OFC Phone: (504) 589– Multifamily Housing Program Center, HUD— Square, East, Philadelphia, PA 19107– 7236, FAX: (504) 589–6834 Manchester Office, Norris Cotton Federal 3380, OFC Phone: (215) 656–0609 Ext. MAINE Bldg., 275 Chestnut Street, Manchester, NH 3533, FAX: (215) 656–3427 Multifamily Housing Program Center, HUD— 03101–2487, OFC Phone: (603) 666–7684, DISTRICT OF COLUMBIA Manchester Office, Norris Cotton Federal FAX: (603) 666–7697 Multifamily Housing Program Center, HUD Bldg., 275 Chestnut Street, Manchester, NH NEW JERSEY Washington, DC Office, Suite 300, 820 First 03101–2487, OFC Phone: (603) 666–7684, Multifamily Housing Program Center, HUD— Street, NE, Washington, DC 20002–4205, FAX: (603) 666–7697 Newark Office—13th Floor, One Newark OFC Phone: (202) 275–9200, FAX: (202) MARYLAND Center, Newark, NJ 07102–5260, OFC 275–9212 Phone: (973) 622–7900 Ext. 3400, FAX: Multifamily Housing Hub, HUD Baltimore (973) 645–2271. FLORIDA Office, 5th Floor, 10 South Howard Street, Multifamily Housing Hub, HUD— Baltimore, MD 21201–2505, OFC Phone: NEW MEXICO Jacksonville Office, 301 West Bay Street, (410) 962–2520 Ext. 3474, FAX: (410) 962– Multifamily Housing Hub, HUD Ft. Worth Suite 2200, Jacksonville, FL 32202–5121, 1849 Office, 801 Cherry Street, PO Box 2905, Ft.

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Worth, TX 76102–2905, OFC Phone: (817) PENNSYLVANIA Houston, TX 77098–4096, OFC Phone: 978–5764, FAX: (817) 978–5520 Multifamily Housing Hub, HUD Philadelphia (713) 313–2274 Ext. 7015, FAX: (713) 313– NEW YORK Office, The Wanamaker Building, 100 Penn 2319 Square, East Philadelphia, PA 19107–3380, Multifamily Housing Program Center, HUD Multifamily Housing Hub, HUD—New York San Antonio Office, 800 Dolorosa, San Office, 26 Federal Plaza—Room 3214, New OFC Phone: (215) 656–0609 Ext. 3533, FAX: (215) 656–3427 Antonio, TX 78207–4563, OFC Phone: York, NY 10278–0068, OFC Phone: (212) (210) 475–6831, FAX: (210) 472–6897 264–0777 Ext. 3713, FAX: (212) 264–1277 Multifamily Housing Program Center, HUD Multifamily Housing Hub, HUD—Buffalo Pittsburgh Office, 339 Sixth Avenue—Sixth UTAH Floor, Pittsburgh, PA 15222–2515, OFC Office, Lafayette Court, 5th Floor, 465 Main Phone: (412) 644–6639, FAX: (412) 644– Multifamily Housing Hub, HUD Denver Street, Buffalo, NY 14203–1780, OFC 5872 Office, 633 17th Street, 14th Floor, Denver, Phone: (716) 551–5755 Ext. 5509, FAX: CO 80202–3607, OFC Phone: (303) 672– (716) 551–3252 PUERTO RICO 5343, FAX: (303) 672–5153 NORTH CAROLINA Multifamily Housing Program Center, HUD VERMONT Caribbean Office, 171 Carlos E. Chardon Multifamily Housing Hub, HUD Greensboro Avenue, San Juan, PR 00918–0903, OFC Multifamily Housing Program Center, HUD— Office—Koger Building, 2306 West Phone: (787) 766–5401, FAX: (787) 766– Manchester Office, Norris Cotton Federal Meadowview Road, Greensboro, NC 27407, 5522 Bldg., 275 Chestnut Street, Manchester, NH OFC Phone: (336) 547–4034, FAX: (336) 03101–2487, OFC Phone: (603) 666–7684, RHODE ISLAND 547–4121 FAX: (603) 666–7697 Multifamily Housing Program Center, HUD— NORTH DAKOTA VIRGINIA Providence Office, 10 Weybosset Street, Multifamily Housing Hub, HUD Denver Sixth Floor, Providence, RI 02903–2808, Multifamily Housing Hub, HUD Richmond Office, 633 17th Street, 14th Floor, Denver, OFC Phone: (401) 528–5230, FAX: (401) Office, 3600 West Broad Street, Richmond, CO 80202–3607, OFC Phone: (303) 672– 528–5097 VA 23230–4920, OFC Phone: (804) 278– 5343, FAX: (303) 672–5153 SOUTH CAROLINA 4500 Ext. 3146, FAX: (804) 278–4613 OHIO Multifamily Housing Program Center, HUD WASHINGTON Multifamily Housing Hub, HUD Columbus Columbia Office, 1835 Assembly Street, Multifamily Housing Hub, HUD Seattle Office, 200 North High Street, Columbus, Columbia, SC 29201–2480, OFC Phone: Office, 909 First Avenue, Suite 190, MS– OH 43215–2499, OFC Phone: (614) 469– (803) 765–5162, FAX: (803) 253–3043, 0AHM, Seattle, WA 98104–1000, OFC 5737, Ext. 8111, FAX: (614) 469–2432 SOUTH DAKOTA Phone: (206) 220–5228 Ext. 3250, FAX: Multifamily Housing Program Center, HUD (206) 220–5206 Cincinnati Office, 525 Vine Street, Suite Multifamily Housing Hub, HUD Denver 700, Cincinnati, OH 45202–3188, OFC Office, 633 17th Street, 14th Floor, Denver, WEST VIRGINIA Phone: (513) 684–2350, FAX: (513) 684– CO 80202–3607, OFC Phone: (303) 672– Multifamily Housing Program Center, HUD— 6224 5343, FAX: (303) 672–5153 Charleston Office, 405 Capitol Street, Suite Multifamily Housing Program Center, HUD TENNESSEE 708, Charleston, WV 25301–1795, OFC Cleveland Office, 1350 Euclid Avenue, Phone: (304) 347–7000 Ext. 103, FAX: Suite 500, Cleveland, OH 44115–1815, Multifamily Housing Program Center, HUD— (304) 347–7050 Knoxville Office, 710 Locust Street, SW, OFC Phone: (216) 522–4058 Ext. 7000, WISCONSIN FAX: (216) 522–4067 Knoxville, TN 37902–2526, OFC Phone: (423) 545–4411, FAX: (423) 545–4578 Multifamily Housing Program Center, HUD OKLAHOMA Multifamily Housing Program Center, HUD— Milwaukee Office, 310 West Wisconsin Multifamily Housing Program Center, HUD Nashville Office, 251 Cumberland Bend Avenue, Room 1380, Milwaukee, WI Oklahoma City Office, 500 W. Main Street, Drive, Suite 200, Nashville, TN 37228– 53203–2289, OFC Phone: (414) 297–3214 Suite 400, Oklahoma City, OK 73102–2233, 1803, OFC Phone: (615) 736–5748, FAX: Ext. 8662, FAX: (414) 297–3204 OFC Phone: (405) 553–7410, FAX: (405) (615) 736–2018 WYOMING 553–7406 TEXAS Multifamily Housing Hub, HUD Denver OREGON Multifamily Housing Hub, HUD Ft. Worth Office, 633 17th Street, 14th Floor, Denver, Multifamily Housing Hub, HUD Seattle Office, 801 Cherry Street, PO Box 2905, Ft. CO 80202–3607, OFC Phone: (303) 672– Office, 909 First Avenue, Suite 190, MS– Worth, TX 76102–2905, OFC Phone: (817) 5343, FAX: (303) 672–5153 0AHM, Seattle, WA 98104–1000, OFC 978–5764, FAX: (817) 978–5520 Phone: (206) 220–5228 ext. 3250, FAX: Multifamily Housing Program Center, HUD [FR Doc. 00–6573 Filed 3–14–00; 8:45 am] (206) 220–5206 Houston Office, 2211 Norfolk, #200, BILLING CODE 4210±27±P

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Part V

Department of Housing and Urban Development Regulatory Waiver Requests Granted; Notice

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DEPARTMENT OF HOUSING AND 3. Not less than quarterly, the the next report is published, the next URBAN DEVELOPMENT Secretary must notify the public of all updated report will include these earlier waivers of regulations that HUD has actions, as well as those that occurred [Docket No. FR±4512±N±04] approved, by publishing a notice in the between January 1, 2000 through March Notice of Regulatory Waiver Requests Federal Register. These notices (each 30, 2000. Granted covering the period since the most Accordingly, information about recent previous notification) shall: approved waiver requests pertaining to AGENCY: Office of the Secretary, HUD. a. Identify the project, activity, or HUD regulations is provided in the ACTION: Public Notice of the Granting of undertaking involved; Appendix that follows this notice. b. Describe the nature of the provision Regulatory Waivers from October 1, Dated: March 13, 2000. 1999 through December 31, 1999. waived, and the designation of the provision; Andrew Cuomo, SUMMARY: Section 106 of the Department c. Indicate the name and title of the Secretary. of Housing and Urban Development person who granted the waiver request; Appendix Reform Act of 1989 (the ‘‘HUD Reform d. Describe briefly the grounds for Act’’), requires HUD to publish approval of the request; Listing of Waivers of Regulatory quarterly Federal Register notices of all e. State how additional information Requirements Granted by Officers of the regulatory waivers it has approved. Each about a particular waiver grant action Department of Housing and Urban notice must cover the quarterly period Development October 1, 1999 through may be obtained. December 31, 1999 since the most recent Federal Register Section 106 of the HUD Reform Act notice. The purpose of this notice is to also contains requirements applicable to Note to Reader: More information about comply with the requirements of section waivers of HUD handbook provisions the granting of these waivers, including a 106 of the HUD Reform Act. This notice that are not relevant to the purpose of copy of the waiver request and approval, may contains a list of regulatory waivers this notice. be obtained by contacting the person whose granted by HUD during the quarter name is listed as the contact person directly Today’s document follows before each set of waivers granted. beginning on October 1, 1999 and publication of HUD’s Statement of ending on December 31, 1999. Policy on Waiver of Regulations and I. Regulatory Waivers Granted by the Office FOR FURTHER INFORMATION CONTACT: For Directives issued by HUD on April 22, of Community Planning and Development general information about this notice, 1991 (56 FR 16337). This notice covers For Items 1 Through 3, Waivers Granted for contact Camille E. Acevedo, Assistant HUD’s waiver-grant activity from 24 CFR Parts 50 and 1000, Contact: Bruce General Counsel for Regulations, Room October 1, 1999 through December 31, Knott, National Office of Native American 10276, Department of Housing and 1999. Additionally, this notice contains Programs, U.S. Department of Housing and Urban Development, 451 Seventh Street, several reports of regulatory waivers Urban Development, 1999 Broadway, Suite SW, Washington, DC 20410; telephone granted during September of 1999, but 3390, Denver, CO 80201; telephone (303) (202) 708–3055 (this is not a toll-free 675–1600 (this is not a toll-free number). that were not included in HUD’s Hearing or speech-impaired persons may number). Hearing or speech-impaired Federal Register notice of waiver grant access this number via TTY by calling the persons may access this number via activity from July 1, 1999 to September toll-free Federal Information Relay Service at TTY by calling the toll-free Federal 30, 1999. 1–800–877–8391. Information Relay Service at 1–800– For ease of reference, the waivers 1. Regulation: 24 CFR 50.17 and 877–8391. granted by HUD are listed by HUD 1000.20(a). For information concerning a program office (for example, the Office Project/Activity: White Mountain Apache particular waiver action for which of Community Planning and Tribe; Apache Dawn Phase One project. public notice is provided in this Development, the Office of Housing, the Nature of Requirement: HUD’s regulation document, contact the person whose Office of Public and Indian Housing, at 50.17 provides that the required name and address is set out for the environmental reviews must be completed etc.). Within each program office before the decision points specified by the particular item, in the accompanying grouping, the waivers are listed regulation. HUD’s regulation at § 1000.20(a) list of waiver-grant actions. sequentially by the section of title 24 provides that a HUD environmental review SUPPLEMENTARY INFORMATION: As part of being waived. For example, a waiver- must be completed for Indian Housing Block the Housing and Urban Development grant action involving the waiver of a Grant (IHBG) program activities not excluded Reform Act of 1989 (the ‘‘HUD Reform provision in 24 CFR part 58 would come from review under 24 CFR 50.19(b) before a Act’’), the Congress adopted, at HUD’s before a waiver of a provision in 24 CFR recipient may commit HUD funds used in request, legislation to limit and control part 570. conjunction with IHBG program assisted the granting of regulatory waivers by Where more than one regulatory activities. HUD. Section 106 of the HUD Reform provision is involved in the grant of a Granted by: Cardell Cooper, Assistant Secretary for Community Planning and Act added a new section 7(q) to the particular waiver request, the action is Development; Harold Lucas, Assistant Department of Housing and Urban listed under the section number of the Secretary for Public and Indian Housing. Development Act (2 U.S.C. 3535(q)), first regulatory requirement in title 24 Date Granted: November 30, 1999. which provides that: that is being waived as part of the Reasons Waived: A request was made by 1. Any waiver of a regulation must be waiver-grant action. For example, a the White Mountain Apache Tribe for HUD in writing and must specify the grounds waiver of both § 58.73 and § 58.74 to perform the environmental review under for approving the waiver; would appear sequentially in the listing 24 CFR part 50 for the Apache Dawn Phase 2. Authority to approve a waiver of a under § 58.73. One Project. The tribally designated housing regulation may be delegated by the Waiver-grant actions involving the entity (TDHE) made several errors during the Secretary only to an individual of same initial regulatory citation are in 24 CFR part 58 environmental review and clearance process for the project (to be Assistant Secretary rank or equivalent time sequence beginning with the financed with Section 184/Ginnie Mae rank, and the person to whom authority earliest-dated waiver grant action. collateralized tax-exempt bonds), resulting in to waive is delegated must also have Should HUD receive additional the TDHE obligating Section 184 Loan authority to issue the particular reports of waiver actions taken during Guarantee proceeds and Indian Housing regulation to be waived; the period covered by this report before Block Grant (IHBG) funds prior to HUD

VerDate 132000 18:17 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\17MRN4.SGM pfrm03 PsN: 17MRN4 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14717 approval of a Request for a Release of Funds Development; Mr. Harold Lucas, Assistant Granted by: Cardell Cooper, Assistant and Certification. The Tribe and TDHE acted Secretary for Public and Indian Housing. Secretary for Community Planning and in good faith in trying to comply with HUD’s Date Granted: December 6, 1999. Development. environmental review and clearance process. Reason Waived: Based on the information Date Granted: October 25, 1999. No environmental degradation resulted from that was submitted by the Tribe, the Reasons Waived: The project experienced the regulatory noncompliance identified. The documentation that was received by HUD, delay due to inclement weather and errors committed under 24 CFR part 58 and a determination by HUD that no restrictions on site access. The loss of the would have delayed the bond closing environmental degradation resulted from the funds committed to a project already under resulting in the cancellation of the project. regulatory noncompliance, HUD believed construction would constitute a hardship to 2. Regulation: 24 CFR 50.17 and that there was good cause to waive the the City of Santa Monica. HUD determined 1000.20(a). requirements of §§ 1000.20(a) and 50.17. that there was good cause for a waiver and Project/Activity: The Quileute Tribe and its For Items 4 Through 10, Waivers Granted allowed the City until February 29, 2000 to housing authority were provided grant funds for 24 CFR Parts 91, 92, 570 and 576 Contact: expend its remaining HOME disaster grant to develop 15 houses on the Indian Cornelia Robertson-Terry, Office of funds. reservation. Prior to the obligation of funds, Community Planning and Development, U.S. 7. Regulation: 24 CFR 570.200(h)(1)(i). the Tribe is required to complete an Department of Housing and Urban Project/Activity: The City of Berwyn environmental assessment under 24 CFR part Development, 451 Seventh Street, SW, Room Illinois and the Village of Palatine, Illinois 58 or HUD is required to complete the 7152, Washington, DC 20410; telephone (202) requested a waiver of the requirement environmental assessment under 24 CFR part 708–2565 (this is not a toll-free number). governing reimbursement for CDBG pre- 50. The Tribe elected to comply with the part Hearing or speech-impaired persons may award costs. 58 requirements. However, HUD discovered access this number via TTY by calling the Nature of Requirement: HUD’s Community procedural errors during a post review of the Development Block Grant (CDBG) program toll-free Federal Information Relay Service at environmental record. regulations at 24 CFR 570.200 (h)(1)(i) 1–800–877–8391. Nature of Requirement: HUD’s regulation provide that, before the effective date of the 4. Regulation: 24 CFR 91.520(a). at § 50.17 provides that the required CDBG grant agreement, a recipient may incur Project/Activity: Harris County, Texas environmental reviews must be completed costs for activities included in a Consolidated requested a waiver of the submission before the decision points specified by the Plan Action Plan, or an amended deadline for the County’s 1998 program year regulation. HUD’s regulation at § 1000.20(a) Consolidated Plan and then reimburse itself CAPER. provides that a HUD environmental review after the grant is received. Nature of Requirement: HUD’s regulation must be completed for Indian Housing Block Granted by: Cardell Cooper, Assistant at 24 CFR 91.520(a) requires each grant Grant (IHBG) program activities not excluded Secretary for Community Planning and recipient to submit a performance report to from review under 24 CFR 50.19(b) before a Development. recipient may commit HUD funds used in HUD within 90 days after the close of the Date Granted: December 13, 1999. conjunction with IHBG program assisted grantee’s program year. Reasons Waived: The two communities activities. Granted by: Cardell Cooper, Assistant that requested this waiver are new Granted by: Cardell Cooper, Assistant Secretary for Community Planning and entitlements and do not have Consolidated Secretary for Community Planning and Development. Plans in place. In order for these Development; Harold Lucas, Assistant Date Granted: October 19, 1999. communities to incur costs to carry out these Secretary for Public and Indian Housing. Reasons Waived: HUD determined that activities and reimburse themselves for such Date Granted: December 6, 1999. there was good cause for the waiver. The costs after their CDBG grants are awarded, a Reason Waived: Based on the information County requested an extension because staff waiver of 24 CFR 570.200(h)(1)(i) was that was provided by the Tribe, the is addressing concerns raised by HUD necessary. HUD may waive any requirement, documentation that was received by HUD, regarding the County’s data collection not specifically required by law, upon and a determination by HUD that no methods during a recent monitoring visit. determination of good cause, if undue environmental degradation resulted from the This additional time helped to ensure that hardship would result from applying the regulatory noncompliance, HUD believed the data reported in the CAPER was accurate requirement. It is not HUD’s intention to put that there was good cause to waive the and complete. the financial burden for program start-up requirements of §§ 1000.20(a) and 50.17. 5. Regulation: 24 CFR 91.520(a). costs on local resources by prohibiting 3. Regulation: 24 CFR 50.17 and Project/Activity: The County of Onondaga, reimbursement from CDBG program funds. 1000.20(a). New York requested a waiver of the This could negatively impact the Project/Activity: The Coeur D’Alene Tribe submission deadline for the County’s 1998 implementation of the City’s and Village’s and its housing authority were provided program year CDBG Performance Annual CDBG programs and their ability to grant funds to develop 5 houses on the Evaluation Report (CAPER). effectively carry-out activities that will Indian reservation. Prior to the obligation of Nature of Requirement: HUD’s regulation benefit low- and moderate-income residents. funds, the Tribe is required to complete an at 24 CFR 91.520(a) requires each grant 8. Regulation: 24 CFR 570.200(h)(1)(i). environmental assessment under 24 CFR part recipient to submit a performance report to Project/Activity: The City of Auburn, 58 or HUD is required to complete the HUD within 90 days after the close of the Alabama requested a waiver of the environmental assessment under 24 CFR part grantee’s program year. requirement governing reimbursement for 50. The Tribe elected to comply with the part Granted by: Cardell Cooper, Assistant CDBG pre-award costs. 58 requirements. However, HUD discovered Secretary for Community Planning and Nature of Requirement: HUD’s Community procedural errors during a post review of the Development. Development Block Grant (CDBG) program environmental record. Date Granted: November 24, 1999. regulations at 24 CFR 570.200 (h)(1)(i) Nature of Requirement: HUD’s regulation Reasons Waived: HUD determined that provide that, before the effective date of the at § 50.17 provides that the required there was good cause for the waiver. The CDBG grant agreement, a recipient may incur environmental reviews must be completed County had experienced difficulties as a costs for activities included in a Consolidated before the decision points specified by the result of staff illness and the installation of Plan Action Plan, or an amended regulation. HUD’s regulation at § 1000.20(a) new computer equipment. Consolidated Plan and then reimburse itself provides that a HUD environmental review 6. Regulation: 24 CFR 92.500(d)(1)(C). after the grant is received. must be completed for Indian Housing Block Project/Activity: The City of Santa Monica, Granted by: Cardell Cooper, Assistant Grant (IHBG) program activities not excluded California requested a waiver to extend the Secretary for Community Planning and from review under 24 CFR 50.19(b) before a deadline for disbursement of HOME program Development. recipient may commit HUD funds used in disaster grant funds. Date Granted: December 13, 1999. conjunction with IHBG program assisted Nature of Requirement: HUD’s regulation Reasons Waived: The community that activities. at 24 CFR 92.500(d)(1)(C) requires grantees to requested the waiver is a new entitlement, Granted by: Cardell Cooper, Assistant disburse HOME program funds within five and does not have a Consolidated Plan in Secretary for Community Planning and years of the time HUD makes them available. place. In order for this community to incur

VerDate 132000 18:17 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\17MRN4.SGM pfrm03 PsN: 17MRN4 14718 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices costs to carry out activities and reimburse II. Regulatory Waivers Granted by the Office Spearmon, Director, Office of Business itself for such costs after its grant is awarded, of Housing Products, U.S. Department of Housing and a waiver of 24 CFR 570.200(h)(1)(i) was For Item 11, Waiver Granted for 24 CFR Urban Development, 451 Seventh Street, SW, necessary. HUD may waive any requirement, Part 203, Contact: Room 6134, Washington, DC 20410; not specifically required by law, upon Vance T. Morris, Director, Office of Single telephone (202) 708–3000 (this is not a toll- determination of good cause, if undue Family Program Development, U.S. free number). Hearing or speech-impaired hardship would result from applying the Department of Housing and Urban persons may access this number via TTY by requirement. It is not HUD’s intention to put Development, 451 Seventh Street, SW, Room calling the toll-free Federal Information Relay the financial burden for program start-up 9266, Washington, DC 20410; telephone (202) Service at 1–800–877–8391. costs on local resources by prohibiting 708–2700 (this is not a toll-free number). 13. Regulation: 24 CFR 891.100(d). Project/Activity: Everett Non-Profit reimbursement from CDBG program funds. Hearing or speech-impaired persons may Housing, Everett, MA, Project Number: 023– This could negatively impact the access this number via TTY by calling the EE068/MA06–S961–004. implementation of the City’s CDBG program toll-free Federal Information Relay Service at 1–800–877–8391. Nature of Requirement: HUD provides and its ability to effectively carry-out capital advances under section 202 of the activities that will benefit low-and moderate- 11. Regulation: 24 CFR 203.49(c). Project/Activity: Corinthian Mortgage Housing Act of 1959 (12 U.S.C. 1701q) and income residents. Corporation requested a waiver of the section 811 of the National Affordable 9. Regulation: 24 CFR 576.21. requirements of 24 CFR 203.49(c) to extend Housing Act (42 U.S.C. 8013). HUD’s Project/Activity: The County of Onandaga, the initial adjustment dates for adjustable regulation at 24 CFR 891.100(d) allows HUD NY requested a waiver of the Emergency rate mortgage (ARM) loans beyond the 12 to to amend the amount of an approved capital Shelter Grant (ESG) program regulations at 24 18 month window currently provided for in advance only after an initial closing has CFR 576.21. the regulation. occurred. Nature of Requirement: HUD’s regulation Nature of Requirement: The regulation Granted by: William C. Apgar, Assistant at 24 CFR 576.21 state that recipients of ESG requires that interest rate adjustments for Secretary for Housing-Federal Housing grant funds are subject to the limits on the ARMs must occur on an annual basis, except Commissioner. use of assistance for essential services that the first adjustment may occur no sooner Date Granted: September 30, 1999. established in section 414(a)(2)(B) of the than 12 months nor later than 18 months Reason Waived: The project is modest in Stewart B. McKinney Homeless Assistance from the date of the mortgagor’s first debt design, and comparable in cost to similar Act (42 U.S.C. 11374(a)(2)(B)). Essential service payment. projects. Further, the sponsor has not been services are commonly defined as services Granted by: William C. Apgar, Assistant able to secure all funds needed to cover the that provide health, employment, drug abuse, Secretary for Housing-Federal Housing increased costs from outside sources. and education to homeless persons. Commissioner. 14. Regulation: 24 CFR 891.100(d). Granted by: Cardell Cooper, Assistant Date Granted: October 12, 1999. Project/Activity: Jackson Supportive Secretary for Community Planning and Reason Waived: Approving the waiver Housing Development, Jackson, Mississippi, Development. enabled the lender to securitize the loan and Project Number: 065–HDO19/MS26–Q971– Date Granted: October 20, 1999. rendered no harm to the borrowers or the 002. Reasons Waived: Under the Stewart B. Department. Nature of Requirement: HUD provides McKinney Homeless Assistance Act, For Item 12: Waiver Granted for 24 CFR capital advances under section 202 of the Part 241, Contact: Gloria Burton, Western amended by the National Affordable Housing Housing Act of 1959 (12 U.S.C. 1701q) and and Atlantic Servicing Branch, Office of Act the 30 percent cap on essential services section 811 of the National Affordable Portfolio Management, U.S. Department of Housing Act (42 U.S.C. 8013). HUD’s may be waived if the grantee ‘‘demonstrates Housing and Urban Development, 451 7th that the other eligible activities under the regulation at 24 CFR 891.100(d) allows HUD Street SW, Room 6176, Washington, DC to amend the amount of an approved capital program are already being carried out in the 20410; telephone (202) 708–3944 (this is not locality with other resources.’’ A letter from advance only after an initial closing has a toll-free number). Hearing or speech- occurred. the County Administrator to HUD impaired persons may access this number via documented that other resources were being Granted by: William C. Apgar, Assistant TTY by calling the Federal Information Relay Secretary for Housing-Federal Housing used to address homeless needs. Therefore, Service at 1–800–877–8391. Commissioner. HUD allowed the County to expend 32.57 12. Regulation: 24 CFR 241.1069(a). Date Granted: September 30, 1999. percent of its FY 1998 ESG funds for this Project/Activity: Kansas City, Missouri Reason Waived: The project is modest in expenditure category. (Hawthorne Complex—Project Numbers 084– design, comparable in costs to other similar 10. Regulation: 24 CFR 576.35(b)(2)(ii). 55005, 084–55014, 084–55040, 084–41006, projects, and the Sponsors were not able to Project/Activity: The State of Tennessee 084–55052). The Kansas City Multifamily raise any additional funds nor do they have requested a waiver of the 180-day month Hub has requested a waiver of escrow the capacity to provide the funds. expenditure deadline. requirements for the subject projects. Nature of Requirement: HUD’s regulations 15. Regulation: 24 CFR 891.100(d) and Nature of Requirement: The ESG program 891.165. regulation at 24 CFR 576.35(b)(2)(ii) requires at 24 CFR part 241 require that 10% of each second mortgage loan be deposited with the Project/Activity: Mt. Zion Baptist Church, State recipients using ESG funds for St. Louis, Missouri, Project Number: 085– homeless prevention activities to expend second mortgage lender in Housing Quality Standards (HQS) escrows to be held for a EE038/MO36–S971–005. those funds within 180 days of the date on Nature of Requirement: HUD provides which grant amounts were made available. period of 5 years from the date the loan was made as assurance of compliance by the capital advances under section 202 of the Granted by: Cardell Cooper, Assistant project owner with applicable local housing Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Community Planning and codes and HUD’s HQS. section 811 of the National Affordable Development. Granted by: William C. Apgar, Assistant Housing Act (42 U.S.C. 8013). HUD’s Date Granted: November 2, 1999. Secretary for Housing-Federal Housing regulation at 24 CFR 891.100(d) allows HUD Reasons Waived: The State requested Commissioner. to amend the amount of an approved capital approval to use ESG homeless prevention Reason Waived: The Assistant Secretary advance only after an initial closing has funds during the first 365 days of the ESG granted the waiver to allow release of occurred. HUD’s regulation at 24 CFR grant term. The waiver was requested to help $540,291 from the HQS Escrow to purchase 891.165 provides that the duration of the ensure that the State would not experience a of the Hawthorne Complex, as well as 36 fund reservation for the capital advance is 18 shortfall of resources during the wintertime, management needs of the property. This will months from the date of issuance, with when a large number of requests for allow release of a portion requisite 5-year limited exceptions up to 24 months. assistance with rent and utility arrearages are period and preserve the long term Granted by: William C. Apgar, Assistant received. HUD recognized the State’s need to affordability of the Hawthorne Complex. Secretary for Housing-Federal Housing be able to provide assistance beyond the 180 For Items 13 Through 85, Waivers Granted Commissioner. days allowed in the regulation. for 24 CFR Part 891, Contact: Willie Date Granted: September 30, 1999.

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Reason Waived: The sponsor/owner has Date Granted: October 26, 1999. 22. Regulation: 24 CFR 891.165. taken all reasonable measures to reduce Reason Waived: The Sponsor/Owner had Project/Activity: Ralston Mercy Douglass project cost by competitively bidding the to acquire another site, which resulted in House, Philadelphia, Pa., Project Number: project and has no other funds available to additional land and construction costs. 034–EE061/PA26–S961–005. cover the shortfall in project development 19. Regulation: 24 CFR 891.100(d) and Nature of Requirement: HUD provides costs. The project was delayed due to a HUD 891.165. capital advances under section 202 of the error which required the construction Project/Activity: Tongore Pines, Housing Act of 1959 (12 U.S.C. 1701q) and contract to be competitively bid. Oliverbridge, New York, Project Number: section 811 of the National Affordable 16. Regulation: 24 CFR 891.100(d). 012–EE193/NY36–S961–011. Housing Act (42 U.S.C. 8013). HUD’s Project/Activity: Reisterstown Village Nature of Requirement: HUD provides regulation at 24 CFR 891.165 provides that Senior Housing, Reisterstown, Maryland, capital advances under section 202 of the the duration of the fund reservation for the Project Number: 052–EE025/MD06–S981– Housing Act of 1959 (12 U.S.C. 1701q) and capital advance is 18 months from the date 002. section 811 of the National Affordable of issuance, with limited exceptions up to 24 Nature of Requirement: HUD provides Housing Act (42 U.S.C. 8013). HUD’s months. capital advances under section 202 of the regulation at 24 CFR 891.100(d) allows HUD Granted by: William C. Apgar, Assistant Housing Act of 1959 (12 U.S.C. 1701q) and to amend the amount of an approved capital Secretary for Housing-Federal Housing section 811 of the National Affordable advance only after an initial closing has Commissioner. Housing Act (42 U.S.C. 8013). HUD’s occurred. HUD’s regulation at 24 CFR regulation at 24 CFR 891.100(d) allows HUD 891.165 provides that the duration of the Date Granted: September 22, 1999. to amend the amount of an approved capital fund reservation for the capital advance is 18 Reason Waived: Additional time was advance only after an initial closing has months from the date of issuance, with needed to review closing documents. occurred. limited exceptions up to 24 months. 23. Regulation: 24 CFR 891.165. Granted by: William C. Apgar, Assistant Granted by: William C. Apgar, Assistant Project/Activity: ARC Housing, Milwaukee, Secretary for Housing-Federal Housing Secretary for Housing-Federal Housing Wisconsin, Project Number: 075–HDO49– Commissioner. Commissioner. WDD/WI39–Q961004. Date Granted: October 13, 1999. Date Granted: November 16, 1999. Nature of Requirement: HUD provides Reason Waived: Additional funds were Reason Waived: The project is modest in capital advances under section 202 of the needed to cover increased costs caused by design, comparable in costs to other similar Housing Act of 1959 (12 U.S.C. 1701q) and the local government requiring a sprinkler projects, and the owner could not raise any section 811 of the national Affordable system. additional funds for this project. Additional Housing Act (42 U.S.C. 8013). HUD’s 17. Regulation: 24 CFR 891.100(d) and time was needed for the owner to obtain the regulation at 24 CFR 891.165 provides that 891.165. additional time needed for the project. the duration of the fund reservation for the Project/Activity: East 21st Midwood 20. Regulation: 24 CFR 891.100(d). capital advance is 18 months from the date Residence, Brooklyn, New York, Project Project/Activity: Presbyterian Village of of issuance, with limited exceptions up to 24 Number: 012–HD052–WDD/NY36–Q961– Michigan (Brush Park), Detroit, Michigan, months. 005. Project Number: 044–EE053/MI28–S971–008. Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides Nature of Requirement: HUD provides Secretary for Housing-Federal Housing capital advances under section 202 of the capital advances under section 202 of the Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: September 22, 1999. section 811 of the National Affordable section 811 of the National Affordable Reason Waived: Additional time was Housing Act (42 U.S.C. 8013). HUD’s Housing Act (42 U.S.C. 8013). HUD’s needed to resolve architectural problems. regulation at 24 CFR 891.100(d) allows HUD regulation at 24 CFR 891.100(d) allows HUD 24. Regulation: 24 CFR 891.165. to amend the amount of an approved capital to amend the amount of an approved capital Project/Activity: VOA Riverside 10, Fort advance only after an initial closing has advance only after an initial closing has Worth, Texas, Project Number: 113–HDO15– occurred. HUD’s regulation at 24 CFR occurred. WPD/TX21–Q971–001. 891.165 provides that the duration of the Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides fund reservation for the capital advance is 18 Secretary for Housing-Federal Housing capital advances under section 202 of the months from the date of issuance, with Commissioner Housing Act of 1959 (12 U.S.C. 1701q) and limited exceptions up to 24 months. Date Granted: December 14, 1999. section 811 of the national Affordable Granted by: William C. Apgar, Assistant Reason Waived: Construction costs have Housing Act (42 U.S.C. 8013). HUD’s Secretary for Housing-Federal Housing escalated and created shortages of materials regulation at 24 CFR 891.165 provides that Commissioner. and skilled labor in Southeast Michigan due the duration of the fund reservation for the Date Granted: October 13, 1999. to a construction boom. The owners have capital advance is 18 months from the date Reason Waived: Additional funds were exhausted all attempts to raise the additional needed because the sponsor had exhausted capital to eliminate the shortfall. of issuance, with limited exceptions up to 24 all reasonable measures to reduce project 21. Regulation: 24 CFR 891.100(d). months. shortfalls and had no other funds to cover the Project/Activity: Monsignor Henry J. Reel Granted by: William C. Apgar, Assistant shortfall. The sponsor required additional Village II, Suffolk, New York, Project Secretary for Housing-Federal Housing time because an alternate site had to be Number: 012–EE220/NY36–S971–007. Commissioner. selected by the sponsor after it lost site Nature of Requirement: HUD provides Date Granted: September 22, 1999. control of its original site. capital advances under section 202 of the Reason Waived: The project was delayed 18. Regulation: 24 CFR 891.100(d). Housing Act of 1959 (12 U.S.C. 1701q) and because the owner had to find a new site due Project/Activity: QLS Meadows, Atlanta, section 811 of the National Affordable to neighborhood opposition. Georgia, Project Number: 061–EE053/ Housing Act (42 U.S.C. 8013). HUD’s 25. Regulation: 24 CFR 891.165. GA06S961007. regulation at 24 CFR 891.100(d) allows HUD Project/Activity: Royale Gardens Nature of Requirement: HUD provides to amend the amount of an approved capital Residences, Chicago, Illinois, Project capital advances under section 202 of the advance only after an initial closing has Number: 071–EE125/IL06–S961–016. Housing Act of 1959 (12 U.S.C. 1701q) and occurred. Nature of Requirement: HUD provides section 811 of the National Affordable Granted by: William C. Apgar, Assistant capital advances under section 202 of the Housing Act (42 U.S.C. 8013). HUD’s Secretary for Housing-Federal Housing Housing Act of 1959 (12 U.S.C. 1701q) and regulation at 24 CFR 891.100(d) allows HUD Commissioner. section 811 of the national Affordable to amend the amount of an approved capital Date Granted: December 16, 1999. Housing Act (42 U.S.C. 8013). HUD’s advance only after an initial closing has Reason Waived: The capital advance regulation at 24 CFR 891.165 provides that occurred. issued at the fund reservation stage did not the duration of the fund reservation for the Granted by: William C. Apgar, Assistant reflect development costs within the New capital advance is 18 months from the date Secretary for Housing-Federal Housing York metropolitan area. The Sponsor was of issuance, with limited exceptions up to 24 Commissioner. unable to funds the necessary increase. months.

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Granted by: William C. Apgar, Assistant 28. Regulation: 24 CFR 891.165. the duration of the fund reservation for the Secretary for Housing-Federal Housing Project/Activity: Riverview St. Mary’s, capital advance is 18 months from the date Commissioner. Knoxville, Tennessee, Project Number: 087– of issuance, with limited exceptions up to 24 Date Granted: September 23, 1999. EE030–NP–WAH/TN37–S971–001. months. Reason Waived: Additional time was Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant needed for the Sponsor to secure secondary capital advances under section 202 of the Secretary for Housing-Federal Housing financing from the City of Chicago’s Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. Department of Housing to cover additional section 811 of the national Affordable Date Granted: October 26, 1999. construction costs. Housing Act (42 U.S.C. 8013). HUD’s Reason Waived: Project has been delayed 26. Regulation: 24 CFR 891.165. regulation at 24 CFR 891.165 provides that due to a significant amount of neighborhood Project/Activity: Citrus Gardens, Orlando, the duration of the fund reservation for the opposition. Orange County, Florida, Project Number: capital advance is 18 months from the date 32. Regulation: 24 CFR 891.165. 067–EE082/FL29–S971–008; Goodwill of issuance, with limited exceptions up to 24 Project/Activity: Lakeland Manor, Santa Fe Industries, St. Petersburg, Florida, Project months. Springs, California, Project Number: 122– Number: 067–HDO54/FL29–Q971–008; Granted by: William C. Apgar, Assistant HD089–WPD–NP/CA16–Q961–005. Bethel Towers, Tallahassee, Florida, Project Secretary for Housing-Federal Housing Nature of Requirement: HUD provides Number: 067–EE016/FL29–S971–002; Cape Commissioner. capital advances under section 202 of the Coral Home, Cape Coral, Florida, Project Date Granted: October 12, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and Number: 066–HDO38/FL29–Q971–005; Reason Waived: The Owner experienced a section 811 of the national Affordable Matthew’s Corner, Tampa, Project Number: delay in obtaining their 501(c) tax exempt Housing Act (42 U.S.C. 8013). HUD’s 067–HDO53/FL29–Q071–007. status from the IRS. regulation at 24 CFR 891.165 provides that Nature of Requirement: HUD provides 29. Regulation: 24 CFR 891.165. the duration of the fund reservation for the capital advances under section 202 of the Project/Activity: Summerdale Court, capital advance is 18 months from the date Housing Act of 1959 (12 U.S.C. 1701q) and Clairton, Allegheny County, Pennsylvania, of issuance, with limited exceptions up to 24 section 811 of the national Affordable Project Number: 033–HDO39/PA28– months. Housing Act (42 U.S.C. 8013). HUD’s Q971001. Granted by: William C. Apgar, Assistant regulation at 24 CFR 891.165 provides that Nature of Requirement: HUD provides Secretary for Housing-Federal Housing the duration of the fund reservation for the capital advances under section 202 of the Commissioner. capital advance is 18 months from the date Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: November 3, 1999. of issuance, with limited exceptions up to 24 section 811 of the national Affordable Reason Waived: The project’s delay was months. Housing Act (42 U.S.C. 8013). HUD’s caused by a change of site from one city to Granted by: William C. Apgar, Assistant regulation at 24 CFR 891.165 provides that another, problems with the coordination of Secretary for Housing-Federal Housing the duration of the fund reservation for the civil, structural and mechanical engineering, Commissioner. capital advance is 18 months from the date and the addition of previously unknown Date Granted: September 28, 1999. of issuance, with limited exceptions up to 24 electrical substation requirements. Reason Waived: Citrus Gardens: Closing of months. 33. Regulation: 24 CFR 891.165. the project has been delayed due to Granted by: William C. Apgar, Assistant Project/Activity: Abraham Lincoln Centre, deficiencies in the firm commitment Secretary for Housing-Federal Housing Chicago, Illinois, Project Number: 071– application and the owner’s efforts to resolve Commissioner. HDO95/IL06–Q061–010. issues with the City of Orlando. Goodwill Date Granted: October 13, 1999. Nature of Requirement: HUD provides Industries: The project was delayed because Reason Waived: The project experienced capital advances under section 202 of the the owner was forced to seek an alternate delays when the original site met Housing Act of 1959 (12 U.S.C. 1701q) and site. Bethel Towers: Additional time was neighborhood opposition and the sponsor section 811 of the national Affordable needed for the owner to resolve deficiencies chose to find a new site rather than contest Housing Act (42 U.S.C. 8013). HUD’s in the Firm Commitment application and to the arguments of the neighbors. regulation at 24 CFR 891.165 provides that identify alternate funding sources to meet a 30. Regulation: 24 CFR 891.165. the duration of the fund reservation for the cash shortage. Cape Coral Home: Delays in Project/Activity: Friendship Manor, capital advance is 18 months from the date closing the project are due to the General Kingsport, Tennessee, Project Number: 087– of issuance, with limited exceptions up to 24 Contractor revising his cost. Matthew’s EE031. months. Corner: Closing of this project has been Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant delayed due to deficiencies in the Firm capital advances under section 202 of the Secretary for Housing-Federal Housing Commitment application and in the State’s Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. review and approval of the Owner section 811 of the national Affordable Date Granted: November 3, 1999. Corporation. Housing Act (42 U.S.C. 8013). HUD’s Reason Waived: Approval of the sites has 27. Regulation: 24 CFR 891.165. regulation at 24 CFR 891.165 provides that taken more time than expected. The City has Project/Activity: Woodgrove Apartments, the duration of the fund reservation for the required the Sponsor to obtain the approval Maryville, Tennessee, Project Number: 087– capital advance is 18 months from the date of each alderman and the aldermen have HDO33/TN37–Q961–004. of issuance, with limited exceptions up to 24 required the approval of each of the Nature of Requirement: HUD provides months. communities involved. capital advances under section 202 of the Granted by: William C. Apgar, Assistant 34. Regulation: 24 CFR 891.165. Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Housing-Federal Housing Project/Activity: Nome Community Center, section 811 of the national Affordable Commissioner. Nome, Alaska, Project Number: 176–EE012/ Housing Act (42 U.S.C. 8013). HUD’s Date Granted: October 18, 1999. AK06–S971–002. regulation at 24 CFR 891.165 provides that Reason Waived: HUD needed additional Nature of Requirement: HUD provides the duration of the fund reservation for the time to review the draft closing documents. capital advances under section 202 of the capital advance is 18 months from the date 31. Regulation: 24 CFR 891.165. Housing Act of 1959 (12 U.S.C. 1701q) and of issuance, with limited exceptions up to 24 Project/Activity: Council for the Spanish section 811 of the national Affordable months. Speaking, Inc., Milwaukee, Wisconsin, Housing Act (42 U.S.C. 8013). HUD’s Granted by: William C. Apgar, Assistant Project Number: 075–EE063–WAH/WI39– regulation at 24 CFR 891.165 provides that Secretary for Housing-Federal Housing S971–007 the duration of the fund reservation for the Commissioner. Nature of Requirement: HUD provides capital advance is 18 months from the date Date Granted: September 30, 1999. capital advances under section 202 of the of issuance, with limited exceptions up to 24 Reason Waived: Additional time was Housing Act of 1959 (12 U.S.C. 1701q) and months. needed for HUD to process the firm section 811 of the national Affordable Granted by: William C. Apgar, Assistant application and the Owner’s Attorney to Housing Act (42 U.S.C. 8013). HUD’s Secretary for Housing-Federal Housing prepare the initial closing documents. regulation at 24 CFR 891.165 provides that Commissioner.

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Date Granted: November 3, 1999. section 811 of the national Affordable 42. Regulation: 24 CFR 891.165. Reason Waived: Development of this Housing Act (42 U.S.C. 8013). HUD’s Project/Activity: Jackson Supportive project has been delayed by factors beyond regulation at 24 CFR 891.165 provides that Housing Development, Jackson, Mississippi, the control of HUD and the owners. the duration of the fund reservation for the Project Number: 065–HDO19. 35. Regulation: 24 CFR 891.165. capital advance is 18 months from the date Nature of Requirement: HUD provides Project/Activity: Victoria Jennings of issuance, with limited exceptions up to 24 capital advances under section 202 of the Residences, Chicago, Illinois, Project months. Housing Act of 1959 (12 U.S.C. 1701q) and Number: 071–HDO88/IL06–Q961–003. Granted by: William C. Apgar, Assistant section 811 of the national Affordable Nature of Requirement: HUD provides Secretary for Housing-Federal Housing Housing Act (42 U.S.C. 8013). HUD’s capital advances under section 202 of the Commissioner. regulation at 24 CFR 891.165 provides that Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: November 3, 1999. the duration of the fund reservation for the section 811 of the national Affordable Reason Waived: The project has been capital advance is 18 months from the date Housing Act (42 U.S.C. 8013). HUD’s delayed due to the complications rising from of issuance, with limited exceptions up to 24 regulation at 24 CFR 891.165 provides that the Section 106 historic Preservation Review months. the duration of the fund reservation for the process. Granted by: William C. Apgar, Assistant capital advance is 18 months from the date 39. Regulation: 24 CFR 891.165. Secretary for Housing-Federal Housing of issuance, with limited exceptions up to 24 Project/Activity: Webster Supportive Commissioner. months. Housing, Webster, Texas, Project Number: Date Granted: November 9, 1999. Granted by: William C. Apgar, Assistant 114–HDO12/TX24–Q961–001. Reason Waived: The firm commitment Secretary for Housing-Federal Housing Nature of Requirement: HUD provides application was delayed because Commissioner. capital advances under section 202 of the construction bids obtained by the co- Date Granted: November 3, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and sponsor/owner exceeded the fund reservation Reason Waived: Additional time is needed section 811 of the national Affordable and the owner needed to seek ways to lower for the firm commitment to be reprocessed Housing Act (42 U.S.C. 8013). HUD’s costs and find other funds. and for the project to be initially closed. regulation at 24 CFR 891.165 provides that 43. Regulation: 24 CFR 891.165. 36. Regulation: 24 CFR 891.165. the duration of the fund reservation for the Project/Activity: ARC Housing, Inc., Project/Activity: ASI Dakota County, capital advance is 18 months from the date Milwaukee, Wisconsin, Project Number: 075– Burnsville, Minnesota, Project Number: 092– of issuance, with limited exceptions up to 24 HDO49/WI39–Q961–004. HDO44/MN46–Q971–001. months. Nature of Requirement: HUD provides Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant capital advances under section 202 of the capital advances under section 202 of the Secretary for Housing-Federal Housing Housing Act of 1959 (12 U.S.C. 1701q) and Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. section 811 of the national Affordable section 811 of the national Affordable Date Granted: November 3, 1999. Housing Act (42 U.S.C. 8013). HUD’s Housing Act (42 U.S.C. 8013). HUD’s Reason Waived: The Sponsor was denied regulation at 24 CFR 891.165 provides that regulation at 24 CFR 891.165 provides that a special use permit from the city of Webster the duration of the fund reservation for the the duration of the fund reservation for the on their original site which necessitated a capital advance is 18 months from the date capital advance is 18 months from the date search for an alternate. of issuance, with limited exceptions up to 24 of issuance, with limited exceptions up to 24 40. Regulation: 24 CFR 891.165. months. months. Project/Activity: Woodgrove Apartments, Granted by: William C. Apgar, Assistant Granted by: William C. Apgar, Assistant Maryville, Tennessee, Project Number: 087– Secretary for Housing-Federal Housing Secretary for Housing-Federal Housing HDO33. Commissioner. Commissioner. Nature of Requirement: HUD provides Date Granted: November 16, 1999. Date Granted: November 3, 1999. capital advances under section 202 of the Reason Waived: The project was delayed Reason Waived: This project experienced Housing Act of 1959 (12 U.S.C. 1701q) and due to architectural problems. delays when the site had to be subdivided section 811 of the national Affordable 44. Regulation: 24 CFR 891.165. due to improvements on the adjacent Housing Act (42 U.S.C. 8013). HUD’s Project Activity: Ray Rawson Villa, Las property. regulation at 24 CFR 891.165 provides that Vegas, Nevada, Project Number: 125– 37. Regulation: 24 CFR 891.165. the duration of the fund reservation for the HDO64–NP–WPD/NV25–Q971–001. Project/Activity: Mercy Gardens, San capital advance is 18 months from the date Nature of Requirement: HUD provides Diego, California, Project Number: 129– of issuance, with limited exceptions up to 24 capital advances under section 202 of the HDO11–WPD–NP/CA33–Q961–001. months. Housing Act of 1959 (12 U.S.C. 1701q) and Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant section 811 of the national Affordable capital advances under section 202 of the Secretary for Housing-Federal Housing Housing Act (42 U.S.C. 8013). HUD’s Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. regulation at 24 CFR 891.165 provides that section 811 of the national Affordable Date Granted: November 3, 1999. the duration of the fund reservation for the Housing Act (42 U.S.C. 8013). HUD’s Reason Waived: HUD required additional capital advance is 18 months from the date regulation at 24 CFR 891.165 provides that time to review the closing documents. of issuance, with limited exceptions up to 24 the duration of the fund reservation for the 41. Regulation: 24 CFR 891.165. months. capital advance is 18 months from the date Project/Activity: Ralston Mercy-Douglass Granted by: William C. Apgar, Assistant of issuance, with limited exceptions up to 24 House, Philadelphia, PA, Project Number: Secretary for Housing-Federal Housing months. 034–EE061/PA26–S961–005. Commissioner. Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides Date Granted: November 16, 1999. Secretary for Housing-Federal Housing capital advances under section 202 of the Reason Waived: Delays occurred as the Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and owner tried to obtain acceptable contractor Date Granted: November 3, 1999. section 811 of the national Affordable bids and to secure additional secondary Reason Waived: Delays that this project has Housing Act (42 U.S.C. 8013). HUD’s financing to cover cost overruns. experienced in achieving a construction start regulation at 24 CFR 891.165 provides that 45. Regulation: 24 CFR 891.165. have been for reasons that were beyond the the duration of the fund reservation for the Project/Activity: Sumac Trail Apartments, Sponsor’s control. capital advance is 18 months from the date Inc., Rhinelander, Wisconsin, Project 38. Regulation: 24 CFR 891.165. of issuance, with limited exceptions up to 24 Number: 075–HDO50–CMI/WI39–Q971–001. Project/Activity: Mariposa Manor, Los months. Nature of Requirement: HUD provides Angeles, California, Project Number: 122– Granted by: William C. Apgar, Assistant capital advances under section 202 of the EE118/CA16–S971–003. Secretary for Housing-Federal Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and Nature of Requirement: HUD provides Date Granted: November 9, 1999. section 811 of the national Affordable capital advances under section 202 of the Reason Waived: HUD required additional Housing Act (42 U.S.C. 8013). HUD’s Housing Act of 1959 (12 U.S.C. 1701q) and time to review the initial closing documents. regulation at 24 CFR 891.165 provides that

VerDate 132000 18:17 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\17MRN4.SGM pfrm03 PsN: 17MRN4 14722 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices the duration of the fund reservation for the Project/Activity: Wesley Acres II, Decatur, of issuance, with limited exceptions up to 24 capital advance is 18 months from the date Alabama, Project Number: 062–EE037/AL09– months. of issuance, with limited exceptions up to 24 S971–003. Granted by: William C. Apgar, Assistant months. Nature of Requirement: HUD provides Secretary for Housing-Federal Housing Granted by: William C. Apgar, Assistant capital advances under section 202 of the Commissioner. Secretary for Housing-Federal Housing Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: November 16, 1999. Commissioner. section 811 of the national Affordable Reason Waived: The project was unable to Date Granted: November 16, 1999. Housing Act (42 U.S.C. 8013). HUD’s proceed to initial closing due to a HUD delay. Reason Waived: Delays occurred while the regulation at 24 CFR 891.165 provides that 53. Regulation: 24 CFR 891.165. owner tried to reduce the project costs. the duration of the fund reservation for the Project/Activity: John King Senior 46. Regulation: 24 CFR 891.165. capital advance is 18 months from the date Community, San Francisco, California, Project Activity: Good Samaritan Housing, of issuance, with limited exceptions up to 24 Project Number: 121 EE099–NP–WAH/ Fennimore, Wisconsin, Project Number: 075– months. CA39–S961–012. EE058/WI39–S971–002. Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides Nature of Requirement: HUD provides Secretary for Housing-Federal Housing capital advances under section 202 of the capital advances under section 202 of the Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: November 16, 1999. section 811 of the national Affordable section 811 of the national Affordable Reason Waived: The previous contractor Housing Act (42 U.S.C. 8013). HUD’s Housing Act (42 U.S.C. 8013). HUD’s had to be terminated by the Owner. The new regulation at 24 CFR 891.165 provides that regulation at 24 CFR 891.165 provides that general contractor required time to revise the the duration of the fund reservation for the the duration of the fund reservation for the plans and specifications in order to reduce capital advance is 18 months from the date construction costs. of issuance, with limited exceptions up to 24 capital advance is 18 months from the date 50. Regulation: 24 CFR 891.165. months. of issuance, with limited exceptions up to 24 Project/Activity: Estates II, Hattiesburg, Granted by: William C. Apgar, Assistant months. Mississippi, Project Number: 065–EE022– Secretary for Housing-Federal Housing Granted by: William C. Apgar, Assistant CA/MS26–S971–003. Commissioner. Secretary for Housing-Federal Housing Nature of Requirement: HUD provides Date Granted: November 16, 1999. Commissioner. capital advances under section 202 of the Reason Waived: Delays resulted from Date Granted: November 16, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and increases in construction costs which Reason Waived: Additional time was section 811 of the national Affordable required the owner to seek a substantial required for the owner to seek ways to reduce Housing Act (42 U.S.C. 8013). HUD’s amount of additional secondary financing an up-front cash requirement. regulation at 24 CFR 891.165 provides that from the City and County, the complexity of 47. Regulation: 24 CFR 891.165. the duration of the fund reservation for the the design, and a relocation problem that was Project/Activity: ARC Housing in capital advance is 18 months from the date only resolved recently by court action. Milwaukee, Inc., Wauwatosa, Wisconsin, of issuance, with limited exceptions up to 24 54. Regulation: 24 CFR 891.165. Project Number: 075–HDO53–WDD/WI39– months. Project/Activity: Clinton House, Detroit, Q971–004. Granted by: William C. Apgar, Assistant Michigan, Project Number: 044–HDO20/ Nature of Requirement: HUD provides Secretary for Housing-Federal Housing MI28–Q961–002. capital advances under section 202 of the Commissioner. Nature of Requirement: HUD provides Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: November 16, 1999. capital advances under section 202 of the section 811 of the national Affordable Reason Waived: The project experienced Housing Act of 1959 (12 U.S.C. 1701q) and Housing Act (42 U.S.C. 8013). HUD’s unusual delays due to the local government’s section 811 of the national Affordable regulation at 24 CFR 891.165 provides that review process. Housing Act (42 U.S.C. 8013). HUD’s the duration of the fund reservation for the 51. Regulation: 24 CFR 891.165. regulation at 24 CFR 891.165 provides that capital advance is 18 months from the date Project/Activity: Chenango Street the duration of the fund reservation for the of issuance, with limited exceptions up to 24 Apartments, Buffalo, New York, Project capital advance is 18 months from the date months. Number: 014–EE163/NY06–S971–019. of issuance, with limited exceptions up to 24 Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides months. Secretary for Housing-Federal Housing capital advances under section 202 of the Granted by: William C. Apgar, Assistant Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Housing-Federal Housing Date Granted: November 16, 1999. section 811 of the national Affordable Commissioner. Reason Waived: Owner had to locate a new Housing Act (42 U.S.C. 8013). HUD’s Date Granted: November 24, 1999. site for the project. regulation at 24 CFR 891.165 provides that Reason Waived: The project encountered 48. Regulation: 24 CFR 891.165. the duration of the fund reservation for the delays as it sought additional amendment Project/Activity: 1116 Brookview (aka St. capital advance is 18 months from the date funds because of a required project redesign Paul’s) Toledo, Ohio, Project Number: 042– of issuance, with limited exceptions up to 24 and local government requirements. EE087–WAH/OH12–S971–002. months. 55. Regulation: 24 CFR 891.165. Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant Project/Activity: Timber Ridge Group capital advances under section 202 of the Secretary for Housing-Federal Housing Home Northridge, California, Project Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. Number: 122–HD103/CA16–Q971–009; section 811 of the national Affordable Date Granted: November 16, 1999. Ranch House Group Home, Sylmar, Housing Act (42 U.S.C. 8013). HUD’s Reason Waived: Development of the California, Project Number: 122–HD104/ regulation at 24 CFR 891.165 provides that project was delayed due to environmental CA16–Q971–010. the duration of the fund reservation for the concerns with the site. Nature of Requirement: HUD provides capital advance is 18 months from the date 52. Regulation: 24 CFR 891.165. capital advances under section 202 of the of issuance, with limited exceptions up to 24 Project/Activity: Bancroft Senior Housing, Housing Act of 1959 (12 U.S.C. 1701q) and months. Oakland, California, Project Number: 121– section 811 of the national Affordable Granted by: William C. Apgar, Assistant EE106–NP–WAH/CA39–S971–005. Housing Act (42 U.S.C. 8013). HUD’s Secretary for Housing-Federal Housing Nature of Requirement: HUD provides regulation at 24 CFR 891.165 provides that Commissioner. capital advances under section 202 of the the duration of the fund reservation for the Date Granted: November 16, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and capital advance is 18 months from the date Reason Waived: There was a need for more section 811 of the national Affordable of issuance, with limited exceptions up to 24 time to gain approval of a community unit Housing Act (42 U.S.C. 8013). HUD’s months. plan and for HUD to review the closing regulation at 24 CFR 891.165 provides that Granted by: William C. Apgar, Assistant documents. the duration of the fund reservation for the Secretary for Housing-Federal Housing 49. Regulation: 24 CFR 891.165. capital advance is 18 months from the date Commissioner.

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Date Granted: November 24, 1999. Project/Activity: Baden Supportive capital advance is 18 months from the date Reason Waived: The delays that this Housing, Baden, Pennsylvania, Project of issuance, with limited exceptions up to 24 project experienced in achieving a Number: 033–EE091/PA28–S971–007. months. construction start have been for reasons Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant beyond the owner’s control. Further delay capital advances under section 202 of the Secretary for Housing-Federal Housing was encountered because all proposed Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. designs far exceeded the available budget and section 811 of the national Affordable Date Granted: December 6, 1999. consequently the scope of the project was Housing Act (42 U.S.C. 8013). HUD’s Reason Waived: The delay in initial closing reevaluated. regulation at 24 CFR 891.165 provides that is directly attributable to HUD which may 56. Regulation: 24 CFR 891.165. the duration of the fund reservation for the necessitate reprocessing of the firm Project/Activity: Oroysom Senior Housing, capital advance is 18 months from the date commitment application. Fremont, California, Project Number: 121– of issuance, with limited exceptions up to 24 63. Regulation: 24 CFR 891.165. EE103–NP–WAH/CA39–S971–002. months. Project/Activity: Glen Burnie Senior Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant Housing, Baltimore, Maryland, Project capital advances under section 202 of the Secretary for Housing-Federal Housing Number: 052–EE022/MD06–S971–002. Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. Nature of Requirement: HUD provides section 811 of the national Affordable Date Granted: December 6, 1999. capital advances under section 202 of the Housing Act (42 U.S.C. 8013). HUD’s Reason Waived: A few days before closing, Housing Act of 1959 (12 U.S.C. 1701q) and regulation at 24 CFR 891.165 provides that the General Contractor notified the owner section 811 of the national Affordable the duration of the fund reservation for the that he could no longer build the project and Housing Act (42 U.S.C. 8013). HUD’s capital advance is 18 months from the date the project owner had to select a new regulation at 24 CFR 891.165 provides that contractor. the duration of the fund reservation for the of issuance, with limited exceptions up to 24 60. Regulation: 24 CFR 891.165. capital advance is 18 months from the date months. Project/Activity: Lake Street Apartments, of issuance, with limited exceptions up to 24 Granted by: William C. Apgar, Assistant St. Albans, Vermont, Project Number: 024– months. Secretary for Housing-Federal Housing HDO25/VT36–Q971–001. Granted by: William C. Apgar, Assistant Commissioner. Nature of Requirement: HUD provides Secretary for Housing-Federal Housing Date Granted: December 1, 1999. capital advances under section 202 of the Commissioner. Reason Waived: The HUD field office was Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: December 6, 1999. not able to proceed to initial closing due to section 811 of the national Affordable Reason Waived: The extension of time was HUD delay. Housing Act (42 U.S.C. 8013). HUD’s necessary for the project to achieve an initial 57. Regulation: 24 CFR 891.165. regulation at 24 CFR 891.165 provides that closing. Project/Activity: Bishop Curtis Homes, East the duration of the fund reservation for the 64. Regulation: 24 CFR 891.165. Bridgeport, Connecticut, Project Number: capital advance is 18 months from the date Project/Activity: Monsignor Henry J. Reel 017–EE033/CT26–S971–001. of issuance, with limited exceptions up to 24 Village II, Suffolk, New York, Project Nature of Requirement: HUD provides months. Number: 012–EE220/NY36–S971–007. capital advances under section 202 of the Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Housing-Federal Housing capital advances under section 202 of the section 811 of the national Affordable Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and Housing Act (42 U.S.C. 8013). HUD’s Date Granted: December 6, 1999. section 811 of the national Affordable regulation at 24 CFR 891.165 provides that Reason Waived: Additional time was Housing Act (42 U.S.C. 8013). HUD’s the duration of the fund reservation for the needed for the City to complete rehabilitation regulation at 24 CFR 891.165 provides that capital advance is 18 months from the date of the building that will house the project. the duration of the fund reservation for the of issuance, with limited exceptions up to 24 61. Regulation: 24 CFR 891.165. capital advance is 18 months from the date months. Project/Activity: Hamilton Manor, of issuance, with limited exceptions up to 24 Granted by: William C. Apgar, Assistant Hamilton, Alabama, Project Number: 062– months. Secretary for Housing-Federal Housing HDO37/AL09–Q971–003. Granted by: William C. Apgar, Assistant Commissioner. Nature of Requirement: HUD provides Secretary for Housing-Federal Housing Date Granted: December 6, 1999. capital advances under section 202 of the Commissioner. Reason Waived: Delays have occurred as Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: December 16, 1999. the owner aggressively sought ways to reduce section 811 of the national Affordable Reason Waived: Additional time was project costs and to obtain additional funding Housing Act (42 U.S.C. 8013). HUD’s needed to process the Firm Commitment from the City of Bridgeport. regulation at 24 CFR 891.165 provides that Application, which was delayed due to 58. Regulation: 24 CFR 891.165. the duration of the fund reservation for the submission of three unacceptable appraisals. Project/Activity: Volunteers of America, capital advance is 18 months from the date 65. Regulation: 24 CFR 891.165. Inc., Bath/Thomaston, Maine, Project of issuance, with limited exceptions up to 24 Project/Activity: Stoney Pine Apartments, Number: 024–EE038/MA36–S971–003. months. Sunnyvale, California, Project Number: 121– Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant HD063/CA39–Q971–008. capital advances under section 202 of the Secretary for Housing-Federal Housing Nature of Requirement: HUD provides Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. capital advances under section 202 of the section 811 of the national Affordable Date Granted: December 6, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and Housing Act (42 U.S.C. 8013). HUD’s Reason Waived: The delay in initial closing section 811 of the national Affordable regulation at 24 CFR 891.165 provides that is directly attributable to HUD which may Housing Act (42 U.S.C. 8013). HUD’s the duration of the fund reservation for the necessitate reprocessing of the firm regulation at 24 CFR 891.165 provides that capital advance is 18 months from the date commitment application. the duration of the fund reservation for the of issuance, with limited exceptions up to 24 62. Regulation: 24 CFR 891.165. capital advance is 18 months from the date months. Project/Activity: Berry Manor, Berry of issuance, with limited exceptions up to 24 Granted by: William C. Apgar, Assistant Alabama, Project Number: 062–HDO36/ months. Secretary for Housing-Federal Housing AL09–Q971–002. Granted by: William C. Apgar, Assistant Commissioner. Nature of Requirement: HUD provides Secretary for Housing-Federal Housing Date Granted: December 6, 1999. capital advances under section 202 of the Commissioner. Reason Waived: The sponsor had to locate Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: December 22, 1999. a new site due to the City not approving section 811 of the national Affordable Reason Waived: Additional time was zoning on the original site. Additional time Housing Act (42 U.S.C. 8013). HUD’s required to complete the firm commitment was required for HUD to review the new site. regulation at 24 CFR 891.165 provides that process. 59. Regulation: 24 CFR 891.165. the duration of the fund reservation for the 66. Regulation: 24 CFR 891.165.

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Project/Activity: Crockett Senior Housing, Granted by: William C. Apgar, Assistant 73. Regulation: 24 CFR 891.165. Crockett, California, Project Number: 121– Secretary for Housing-Federal Housing Project/Activity: ASI Dakota County, EE104/CA39–S971–003. Commissioner. Burnsville, Minnesota, Project Number: 092– Nature of Requirement: HUD provides Date Granted: December 22, 1999. HD044/MN46–Q971–001. capital advances under section 202 of the Reason Waived: The Sponsor/Owner had Nature of Requirement: HUD provides Housing Act of 1959 (12 U.S.C. 1701q) and to resolve issues with the Jefferson County capital advances under section 202 of the section 811 of the national Affordable Planning Commission and also encountered Housing Act of 1959 (12 U.S.C. 1701q) and Housing Act (42 U.S.C. 8013). HUD’s significant delay in regard to subdivision section 811 of the national Affordable regulation at 24 CFR 891.165 provides that approval. Housing Act (42 U.S.C. 8013). HUD’s the duration of the fund reservation for the 70. Regulation: 24 CFR 891.165. regulation at 24 CFR 891.165 provides that capital advance is 18 months from the date Project/Activity: Charles Street Village, the duration of the fund reservation for the of issuance, with limited exceptions up to 24 Cotati, California, Project Number: 121– capital advance is 18 months from the date months. EE105/CA39–S971–004. of issuance, with limited exceptions up to 24 Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides months. Secretary for Housing-Federal Housing capital advances under section 202 of the Granted by: William C. Apgar, Assistant Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Housing-Federal Housing Date Granted: December 22, 1999. section 811 of the national Affordable Commissioner. Reason Waived: The project was unable to Housing Act (42 U.S.C. 8013). HUD’s Date Granted: December 22, 1999. proceed to closing due to a moratorium regulation at 24 CFR 891.165 provides that Reason Waived: The preparation of the placed on closings during the month of the duration of the fund reservation for the closing documents was delayed due to October. capital advance is 18 months from the date improvements on the adjacent property 67. Regulation: 24 CFR 891.165. of issuance, with limited exceptions up to 24 which encroached on the subject site and Project/Activity: Lenore Street Senior months. necessitated a subdivision of the site. Housing, Willits, California, Project Number: Granted by: William C. Apgar, Assistant 74. Regulation: 24 CFR 891.165. 121–EE017/CA39–S971–006. Secretary for Housing-Federal Housing Project/Activity: Nashville Supportive Nature of Requirement: HUD provides Commissioner. Housing, Nashville, Tennessee, Project capital advances under section 202 of the Date Granted: December 22, 1999. Number: 086–HD016/TN–43–Q971–001. Housing Act of 1959 (12 U.S.C. 1701q) and Reason Waived: The project was unable to Nature of Requirement: HUD provides section 811 of the national Affordable proceed to initial closing due to the capital advances under section 202 of the Housing Act (42 U.S.C. 8013). HUD’s moratorium placed on closings during the Housing Act of 1959 (12 U.S.C. 1701q) and regulation at 24 CFR 891.165 provides that month of October. section 811 of the national Affordable the duration of the fund reservation for the 71. Regulation: 24 CFR 891.165. Housing Act (42 U.S.C. 8013). HUD’s capital advance is 18 months from the date Project/Activity: Highview Unity regulation at 24 CFR 891.165 provides that of issuance, with limited exceptions up to 24 Apartments, Inc., Charleston, West Virginia, the duration of the fund reservation for the months. Project Number: 045–EE010/WV15–S971– capital advance is 18 months from the date Granted by: William C. Apgar, Assistant 001. of issuance, with limited exceptions up to 24 Secretary for Housing-Federal Housing Nature of Requirement: HUD provides Commissioner. capital advances under section 202 of the months. Date Granted: December 22, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and Granted by: William C. Apgar, Assistant Reason Waived: The project was unable to section 811 of the national Affordable Secretary for Housing-Federal Housing proceed to closing due to a moratorium Housing Act (42 U.S.C. 8013). HUD’s Commissioner. placed on closings during the month of regulation at 24 CFR 891.165 provides that Date Granted: December 22, 1999. October. the duration of the fund reservation for the Reason Waived: The sponsor was required 68. Regulation: 24 CFR 891.165. capital advance is 18 months from the date to find an alternative site and had problems Project/Activity: St. Anthony Homes, Hunt of issuance, with limited exceptions up to 24 scheduling the rezoning hearing before the Valley, Maryland, Project Number: 052– months. Planning Commission. HD035/MD06–Q971–003. Granted by: William C. Apgar, Assistant 75. Regulation: 24 CFR 891.165. Nature of Requirement: HUD provides Secretary for Housing-Federal Housing Project/Activity: LaCasa Village II, capital advances under section 202 of the Commissioner. Wauesha, WI Project Number: 075–EE065/ Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: December 22, 1999. WI39–S971–009. section 811 of the national Affordable Reason Waived: The firm commitment Nature of Requirement: HUD provides Housing Act (42 U.S.C. 8013). HUD’s application was delayed due to cost concerns capital advances under section 202 of the regulation at 24 CFR 891.165 provides that and a request for additional funding to cover Housing Act of 1959 (12 U.S.C. 1701q) and the duration of the fund reservation for the the financial shortfall. section 811 of the national Affordable capital advance is 18 months from the date 72. Regulation: 24 CFR 891.165. Housing Act (42 U.S.C. 8013). HUD’s of issuance, with limited exceptions up to 24 Project/Activity: Jackson Place, Red Bluff, regulation at 24 CFR 891.165 provides that months. California Project Number: 136–HD009/ the duration of the fund reservation for the Granted by: William C. Apgar, Assistant CA30–Q961–002. capital advance is 18 months from the date Secretary for Housing-Federal Housing Nature of Requirement: HUD provides of issuance, with limited exceptions up to 24 Commissioner. capital advances under section 202 of the months. Date Granted: December 22, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and Granted by: William C. Apgar, Assistant Reason Waived: Additional time was section 811 of the national Affordable Secretary for Housing-Federal Housing needed to reach initial closing. Housing Act (42 U.S.C. 8013). HUD’s Commissioner. 69. Regulation: 24 CFR 891.165. regulation at 24 CFR 891.165 provides that Date Granted: December 22, 1999. Project/Activity: Jefferson Cottage, Inc., the duration of the fund reservation for the Reason Waived: The firm commitment Martinsburg, West Virginia, Project Number: capital advance is 18 months from the date processing was delayed due to the fact that 045–HD021/WV15–Q961–003. of issuance, with limited exceptions up to 24 the Sponsor had to negotiate with a new Nature of Requirement: HUD provides months. contractor. capital advances under section 202 of the Granted by: William C. Apgar, Assistant 76. Regulation: 24 CFR 891.165. Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Housing-Federal Housing Project/Activity: Arc HUD III, Project section 811 of the national Affordable Commissioner. Number: 032–HD017/DE26–Q961–003; St. Housing Act (42 U.S.C. 8013). HUD’s Date Granted: December 22, 1999. Peter’s Place, Project Number: 034–EE070/ regulation at 24 CFR 891.165 provides that Reason Waived: The sponsor encountered PA26–S971–002; Freedom House, Project the duration of the fund reservation for the cost problems and had to seek gap funds Number: 034–HD049/PA26–Q971–001; capital advance is 18 months from the date through Community Development Block Randolphy/Mercy-Douglass Home for the of issuance, with limited exceptions up to 24 Grant funds available through the State of Blind, Project Number: 034–HD052/PA26– months. California. Q9771–004.

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Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant Housing Act of 1959 (12 U.S.C. 1701q) and capital advances under section 202 of the Secretary for Housing-Federal Housing section 811 of the national Affordable Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. Housing Act (42 U.S.C. 8013). HUD’s section 811 of the national Affordable Date Granted: December 22, 1999. regulation at 24 CFR 891.165 provides that Housing Act (42 U.S.C. 8013). HUD’s Reason Waived: Additional time was the duration of the fund reservation for the regulation at 24 CFR 891.165 provides that needed to allow the Sponsor to resolve capital advance is 18 months from the date the duration of the fund reservation for the deficiencies in the initial closing package. of issuance, with limited exceptions up to 24 capital advance is 18 months from the date 80. Regulation: 24 CFR 891.165. months. of issuance, with limited exceptions up to 24 Project/Activity: Connections (West Granted by: William C. Apgar, Assistant months. Commons), Wilmington, Delaware, Project Secretary for Housing-Federal Housing Granted by: William C. Apgar, Assistant Number: 032–HD018/DE26–Q961–004. Commissioner. Secretary for Housing-Federal Housing Nature of Requirement: HUD provides Date Granted: December 22, 1999. Commissioner. capital advances under section 202 of the Reason Waived: Delays occurred due to the Date Granted: December 22, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and Sponsor experiencing extreme difficulty in Reason Waived: HUD required additional section 811 of the national Affordable securing adequate properties for time to review ARC HUD III’s closing Housing Act (42 U.S.C. 8013). HUD’s rehabilitation. Further, the Sponsor required documents and to complete the firm regulation at 24 CFR 891.165 provides that additional time to conduct fund raising commitment processing for the other three the duration of the fund reservation for the activities to resolve a financial shortfall. projects. capital advance is 18 months from the date 84. Regulation: 24 CFR 891.165. 77. Regulation: 24 CFR 891.165. of issuance, with limited exceptions up to 24 Project/Activity: Knights of Peter Claver Project/Activity: Venice Senior Housing, months. Apartments, Tunica, Mississippi, Project Venice, California, Project Number: 122– Granted by: William C. Apgar, Assistant Number: 065–EE020/MS26–S971–001. EE127/CA16–S971–012. Secretary for Housing-Federal Housing Nature of Requirement: HUD provides Nature of Requirement: HUD provides Commissioner. capital advances under section 202 of the capital advances under section 202 of the Date Granted: December 22, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and Housing Act of 1959 (12 U.S.C. 1701q) and Reason Waived: Additional time was section 811 of the national Affordable section 811 of the national Affordable needed to process the firm commitment Housing Act (42 U.S.C. 8013). HUD’s Housing Act (42 U.S.C. 8013). HUD’s application and to finalize gap financing regulation at 24 CFR 891.165 provides that regulation at 24 CFR 891.165 provides that since a new site had to be found for the the duration of the fund reservation for the the duration of the fund reservation for the project. capital advance is 18 months from the date capital advance is 18 months from the date 81. Regulation: 24 CFR 891.165. of issuance, with limited exceptions up to 24 of issuance, with limited exceptions up to 24 Project/Activity: New Canaan Group Home, months. months. New Canaan, Connecticut, Project Number: Granted by: William C. Apgar, Assistant Granted by: William C. Apgar, Assistant 017–HD021/CT26–Q971–002. Secretary for Housing-Federal Housing Secretary for Housing-Federal Housing Nature of Requirement: HUD provides Commissioner. Commissioner. capital advances under section 202 of the Date Granted: December 22, 1999. Date Granted: December 22, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and Reason Waived: The project experienced section 811 of the national Affordable Reason Waived: The Owner had to find delays due to neighborhood and community Housing Act (42 U.S.C. 8013). HUD’s another general contractor and resolve cost groups filing legal appeals and a pending regulation at 24 CFR 891.165 provides that problems when the construction bid prices request for additional funding from LAHD. the duration of the fund reservation for the exceeded the fund reservation amount. 78. Regulation: 24 CFR 891.165. capital advance is 18 months from the date 85. Regulation: 24 CFR 891.165. Project/Activity: West Hamlin Unity Place, of issuance, with limited exceptions up to 24 Project/Activity: Warren Hempel West Hamlin, West Virginia, Project Number: months. Apartments, Alton, Illinois, Project Number: 045–HD026/WV15–Q971–002. Granted by: William C. Apgar, Assistant 072–HD102/IL06–Q971–002. Nature of Requirement: HUD provides Secretary for Housing-Federal Housing Nature of Requirement: HUD provides capital advances under section 202 of the Commissioner. capital advances under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: December 22, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the national Affordable Reason Waived: Additional time needed to section 811 of the national Affordable Housing Act (42 U.S.C. 8013). HUD’s close the project. Housing Act (42 U.S.C. 8013). HUD’s regulation at 24 CFR 891.165 provides that 82. Regulation: 24 CFR 891.165. regulation at 24 CFR 891.165 provides that the duration of the fund reservation for the Project/Activity: Southbury Senior the duration of the fund reservation for the capital advance is 18 months from the date Housing, Project Number: 017-EE040/CT26- capital advance is 18 months from the date of issuance, with limited exceptions up to 24 S971–008. of issuance, with limited exceptions up to 24 months. Nature of Requirement: HUD provides months. Granted by: William C. Apgar, Assistant capital advances under section 202 of the Granted by: William C. Apgar, Assistant Secretary for Housing-Federal Housing Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Housing-Federal Housing Commissioner. section 811 of the national Affordable Commissioner. Date Granted: December 22, 1999. Housing Act (42 U.S.C. 8013). HUD’s Date Granted: December 22, 1999. Reason Waived: The firm commitment regulation at 24 CFR 891.165 provides that Reason Waived: The Sponsor required application was delayed due to cost concerns the duration of the fund reservation for the additional time to resolve building permit and a request for additional funding to cover capital advance is 18 months from the date issues with the City. a financial shortfall. of issuance, with limited exceptions up to 24 For Items 86 Through 92, Waivers Granted 79. Regulation: 24 CFR 891.165. months. for 24 CFR Part 891, Contact: Jerold Project/Activity: Barbara Chappelle Manor, Granted by: William C. Apgar, Assistant Nachison, Eastern and Atlantic Servicing Grenada, Mississippi, Project Number: 065– Secretary for Housing-Federal Housing Branch, Office of Portfolio Management, EE018/MS26–S961–002. Commissioner. Office of Housing, U.S. Department of Nature of Requirement: HUD provides Date Granted: December 22, 1999. Housing and Urban Development, 451 capital advances under section 202 of the Reason Waived: The Sponsor required Seventh Street, SW, Room 6168, Washington, Housing Act of 1959 (12 U.S.C. 1701q) and additional time to resolve funding issues DC 20410; telephone (202) 708–3730 (this is section 811 of the national Affordable regarding unique rural site costs. not a toll-free number). Hearing or speech- Housing Act (42 U.S.C. 8013). HUD’s 83. Regulation: 24 CFR 891.165. impaired persons may access this number via regulation at 24 CFR 891.165 provides that Project/Activity: Interfaith Housing, TTY by calling the toll-free Federal the duration of the fund reservation for the Westport, CT, Project Number: 017–HD015/ Information Relay Service at 1–800–877– capital advance is 18 months from the date CT26–Q961–001. 8391. of issuance, with limited exceptions up to 24 Nature of Requirement: HUD provides 86. Regulation: 24 CFR 891.305 and months. capital advances under section 202 of the 891.410(c).

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Project/Activity: Omaha, Nebraska (VLI) elderly persons (i.e., households Reason Waived: The Assistant Secretary for (Richland Apartments—Project Number 103– composed of one or more persons at least one Housing granted this waiver based on the HD105). The Kansas City Multifamily Hub of whom is 62 years of age at time of initial area’s ‘‘soft’’ housing market resulting in has requested a waiver to allow an ineligible occupancy). difficulty in renting remaining units. The family admitted erroneously to this Section Granted by: William C. Apgar, Assistant waiver would allow project management 811 project to remain temporarily to avoid a Secretary for Housing-Federal Housing additional flexibility in attempting to rent up potential hardship if the family were Commissioner. vacant units. immediately displaced. Date Granted: October 12, 1999. 92. Regulation: 24 CFR 891.575 and Nature of Requirement: The HUD Reason Waived: The Assistant Secretary for 891.610(c). regulations at 24 CFR part 891 define a Housing granted the waiver to raise the Project/Activity: North Lewisburg, Ohio disabled household as ‘‘one or more persons income ceiling for the project, which would (Cherry Arbors—Project Number 043–EE012). at least one of whom is an adult (18 years or assist in renting vacant units in the project. The Columbus Multifamily Hub has older) who has a disability.’’ The regulations 89. Regulation: 24 CFR 891.575 and requested an income waiver to assist with also require that an owner is to determine 891.610(c). severe vacancy problems for this 202/PRAC eligibility in selecting tenants. Project/Activity: McKee, Kentucky (McKee project. Granted by: William C. Apgar, Assistant Manor Apartments—Project Number 083– Nature of Requirement: HUD regulations at Secretary for Housing-Federal Housing EH043). The Atlanta Multifamily Hub has 24 CFR part 891 require that occupancy be Commissioner. requested an age waiver for the project limited to Very Low Income (VLI) elderly Date Granted: October 12, 1999. because of occupancy difficulties. persons (i.e., households composed of one or Reason Waived: The Assistant Secretary Nature of Requirement: HUD regulations at more persons at least one of whom is 62 granted this waiver based on the special 24 CFR part 891 require that occupancy be years of age at time of initial occupancy). circumstances of this case in which limited to Very Low Income (VLI) elderly Granted by: William C. Apgar, Assistant management did not focus on the eligibility persons (i.e., households composed of one or Secretary for Housing-Federal Housing limitations of the section 811 program. This more persons at least one of whom is 62 waiver allowed the family to stay for the years of age at time of initial occupancy). Commissioner. remaining term of their lease or one year, Granted by: William C. Apgar, Assistant Date Granted: December 22, 1999. whichever was less. Further, the project was Secretary for Housing-Federal Housing Reason Waived: The Assistant Secretary required to bear the costs of the family’s Commissioner. granted this waiver in order to allow low relocation. The waiver applied solely to the Date Granted: November 3, 1999. income elderly in addition to very low subject household. Reason Waived: The Assistant Secretary for income since the project has been suffering 87. Regulation: 24 CFR 891.305 and Housing granted an age waiver for this severe vacancy problems which could lead to 891.410(c). project in order to allow flexibility in future foreclosure. This would assist the Project/Activity: Greensboro, North attempting to rent up the vacant units which project in fully renting up its vacant units. Carolina (Morehead-Simkin Independent exists because of a ‘‘soft’’ housing market in III. Regulatory Waivers Granted by the Living Center—Project Number 053–EE067). the area. Office of Public and Indian Housing The Greensboro Multifamily Hub requested 90. Regulation: 24 CFR 891.575 and an age and disability waiver for the subject 891.610(c). For Items 93 and 94, Waivers Granted for project to allow five households who were Project/Activity: Burkesville, Kentucky 24 CFR Part 982, Contact: Gerald Benoit, erroneously admitted to temporarily remain (Burkesville Manor—Project Number 083– Office of Public and Indian Housing, U.S. in the project. EH153). The Atlanta Multifamily Hub has Department of Housing and Urban Nature of Requirement: The HUD requested an age waiver for the project to Development, 451 Seventh Street, SW, Room regulations at 24 CFR part 891 require assist in renting up vacant project units. 4210, Washington, DC 20410; telephone (202) occupancy to be limited to Very Low Income Nature of Requirement: HUD regulations at 708–0477 (this is not a toll-free number). (VLI) elderly persons (i.e., households 24 CFR part 891 require that occupancy be Hearing or speech-impaired persons may composed of one or more persons at least one limited to Very Low Income (VLI) elderly access this number via TTY by calling the of whom is 62 years of age at time of initial persons (i.e., households composed of one or toll-free Federal Information Relay Service at occupancy). The regulations also require that more persons at least one of whom is 62 1–800–877–8391. an owner is to determine eligibility in years of age at time of initial occupancy). 93. Regulation: 24 CFR 982.303(a) and selecting tenants. Granted by: William C. Apgar, Assistant 982.503(c)(4)(ii). Granted by: William C. Apgar, Assistant Secretary for Housing-Federal Housing Project/Activity: San Francisco Housing Secretary for Housing-Federal Housing Commissioner. Authority, California; Section 8 Housing Commissioner. Date Granted: November 16, 1999. Choice Voucher Program. Date Granted: October 12, 1999. Reason Waived: The Assistant Secretary Nature of Requirement: HUD’s regulation Reason Waived: The Assistant Secretary granted the waiver for this project due to the at 24 CFR 982.303(a) provides for an initial granted a one year waiver of the regulation local ‘‘soft’’ market in the area to assist in voucher term of 60 days. HUD’s regulation at to allow project management to assist five project occupancy and allow project 24 CFR 982.503(c)(4)(ii) provides that HUD households (in which no resident is near the management more flexibility in renting will only approve an exception payment age of 60), to relocate to another apartment vacant units. standard above 120 percent of the fair market and pay for moving expenses, etc. One 91. Regulation: 24 CFR 891.575 and rent (FMR) after six months from the date of ineligible resident is over the age of 60 and 891.610(c). HUD approval of an exception payment will be 61 at the end of the one year waiver Project/Activity: Racine, Wisconsin standard implementing 120 percent payment period. In this case the waiver will be (Marian Housing Center—Project Number: standards. extended to her 62nd birthday, so that she 075–EH247). The Milwaukee Multifamily Granted by: Harold Lucas, Assistant may remain in the project. These measures Program Center requested an age waiver for Secretary for Pubic and Indian Housing. are being taken to restore the project to a 202/ the subject project due to occupancy Date Granted: December 27, 1999. PRAC for the elderly over time. difficulties. Reason Waived: Approval of the waiver 88. Regulation: 24 CFR 891.575 and Nature of Requirement: HUD regulations at was necessary to allow an initial term of six 891.610(c). 24 CFR part 891 require that occupancy be months and thereby provide a longer initial Project/Activity: Salt Lake City, Utah limited to Very Low Income (VLI) elderly search time for families to find housing (Calvary Tower—Project Number 105– persons (i.e., households composed of one or under the program in the extremely tight San EH048). The Denver Multifamily Hub has more persons at least one of whom is 62 Francisco rental market. The waiver also requested an age waiver for the project to years of age at time of initial occupancy). immediately increased the payment assist with renting units. Granted by: William C. Apgar, Assistant standards above 120 percent to ensure that Nature of Requirement: The HUD Secretary for Housing-Federal Housing families were not required to pay more than regulations at 24 CFR part 891 require that Commissioner. 40 percent of their income for rent. occupancy be limited to Very Low Income Date Granted: December 22, 1999. 94. Regulation: 24 CFR 982.312.

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Project/Activity: Cumberland County access this number via TTY by calling the substantially if it were able to undertake Housing Authority, Pennsylvania; Section 8 toll-free Federal Information Relay Service at energy performance contracting for both Housing Choice Voucher Program. 1–800–877–8391. PHA-paid and tenant-paid utilities. In Nature of Requirement: The regulation 95. Regulation: 24 CFR 990.107(f) and September 1996, the Oakland Housing provides that a family may not be absent 990.109. Authority was granted a waiver to permit the from the unit for a period of more than 180 Project/Activity: Housing Authority of San Authority to benefit from energy performance consecutive calendar days. Joaquin, CA. contracting for developments with tenant- Granted by: Harold Lucas, Assistant Nature of Requirement: HUD’s regulations paid utilities. The waiver was granted on the Secretary for Pubic and Indian Housing. at 24 CFR part 990 establish the policies and basis that the Authority presented a sound Date Granted: December 17, 1999. procedures governing the Performance and reasonable methodology for doing so. Reason Waived: Approval of the waiver Funding System (PFS). The PFS regulations The Housing Authority of San Joaquin prevented further stress and hardship on a at §§ 990.107(f) and 990.109 provide that the requested a waiver based on the same program participant that was hospitalized for energy conservation incentive that relates to approved methodology. The waiver permits an extended period of time due to energy performance contracting applies to the PHA to exclude from its PFS calculation complications resulting from heart transplant only PHA-paid utilities. The Housing of rental income, increased rental income surgery. Authority of San Joaquin has both PHA-paid due to the difference between updated For Item 95, Waiver Granted for 24 CFR and tenant-paid utilities. baseline utility (before implementation of the Part 990, Contact: Stephen Sprague, Funding Granted by: Harold Lucas, Assistant energy conservation measures) and revised and Financial Management Division, Office Secretary for Public and Indian Housing. allowances (after implementation of the of Public and Indian Housing, U.S. Date Granted: October 12, 1999. measures) for the project(s) involved for the Department of Housing and Urban Reason Waived: A request was made to duration of the contract period, which cannot Development, 451 Seventh Street, SW, Room permit the Authority to benefit from energy exceed 12 years. 4216, Washington, DC 20410; telephone (202) performance contracting for developments 708–1872 (this is not a toll-free number). which have tenant-paid utilities. The PHA [FR Doc. 00–6640 Filed 3–16–00; 8:45 am] Hearing or speech-impaired persons may estimates that it could increase savings BILLING CODE 4210±32±P

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Part VI

Department of Education Bilingual Education: Field-Initiated Research Program; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2000; Notice

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DEPARTMENT OF EDUCATION research conducted by current or recent (iii) The likelihood that the proposed recipients of grants under subparts 1 or project will result in system change or [CFDA No.: 84.292B] 2 who have received those grants within improvement. the previous five years. Research under (iv) The importance or magnitude of Bilingual Education: Field-Initiated this program may provide for the results or outcomes likely to be Research Program; Notice Inviting longitudinal studies of students or attained by the proposed project, Applications for New Awards for Fiscal teachers in bilingual education, especially improvements in teaching Year (FY) 2000 monitoring the education of those and student achievement. Note to Applicants: This notice is a students from entry in bilingual (c) Quality of the project design (50 complete application package. Together education through secondary school points). (1) The Secretary considers the with the statute authorizing the program completion. quality of the design of the proposed project. and applicable regulations governing Priorities this program, including the Education (2) In determining the quality of the Department General Administrative Invitational Priority: The Secretary is design of the proposed project, the Regulations (EDGAR), this notice particularly interested in applications Secretary considers the following contains all of the information, that meet the following invitational factors: application forms, and instructions priority. However, an application that (i) The extent to which the goals, needed to apply for a grant under this meets this invitational priority does not objectives, and outcomes to be achieved program. The statutory authorization for receive competitive or absolute by the proposed project are clearly this program is contained in section preference over other applications (34 specified and measurable. 7132 of the Elementary and Secondary CFR 75.105(c)(1)): (ii) The extent to which the proposed Education Act of 1965 (ESEA), 20 U.S.C. Applications that propose to focus on project is based upon a specific research 7452, as amended by the Improving research that leads to answering design, and the quality and America’s Schools Act of 1994, Pub. L. significant questions on the assessment appropriateness of that design, 103–382 (October 20, 1994). of academic achievement for LEP including the scientific rigor of the Purpose of Program: The purpose of students. studies involved. (iii) The extent to which the design of this program is to provide grants for Note: For further information on the proposed project includes a field-initiated research activities related assessment issues, see ‘‘High Stakes thorough, high-quality review of the to the improvement of bilingual Assessment: A Research Agenda for English relevant literature, a high-quality plan education and special alternative Language Learners,’’ which is available from for project implementation, and the use instructional programs for limited the National Clearinghouse for Bilingual Education, telephone—1–800–321–6223 or of appropriate methodological tools to English proficient (LEP) children and website at: http://www.ncbe.gwu.edu ensure successful achievement of youth. project objectives. Eligible Applicants: Institutions of Selection Criteria (iv) The extent to which the proposed higher education, nonprofit project is part of a comprehensive effort organizations, State educational The Secretary uses the following to improve teaching and learning and agencies, and local educational agencies selection criteria in 34 CFR 75.210 to support rigorous academic standards for that have received grants under subparts evaluate applications for new grants under this competition. students. 1 or 2 of Part A (or Part A or Part B, as (d) Quality of project personnel (20 in effect prior to October 20, 1994) of The maximum score for all of these criteria is 100 points. points). (1) The Secretary considers the Title VII of the ESEA within the quality of the personnel who will carry previous five years. The maximum score for each criterion is indicated in parentheses. out the proposed project. Applications Available: March 17, (2) In determining the quality of (a) Need for the project (5 points). (1) 2000. project personnel, the Secretary The Secretary considers the need for the Deadline for Transmittal of considers the extent to which the proposed project. (2) In determining the Applications: April 17, 2000. applicant encourages applications for need for the proposed project, the Deadline for Intergovernmental employment from persons who are Secretary considers the extent to which Review: May 16, 2000. members of groups that have specific gaps or weaknesses in services, Available Funds: $180,000. traditionally been underrepresented infrastructure, or opportunities have Estimated Range of Awards: $50,000– based on race, color, national origin, been identified and will be addressed by $70,000. gender, age, or disability. the proposed project, including the Estimated Average Size of Awards: (3) In addition, the Secretary nature and magnitude of those gaps or $60,000. considers the following factors: Estimated Number of Awards: 3. weaknesses. (i) The qualifications, including Note: The Department is not bound by any (b) Significance (10 points). (1) The relevant training and experience, of the estimates in this notice. Secretary considers the significance of project director or principal Project Period: 12 months. the proposed project. investigator. Applicable Regulations: The (2) In determining the significance of (ii) The qualifications, including Education Department General the proposed project, the Secretary relevant training and experience, of key Administrative Regulations (EDGAR) in considers the following factors: project personnel. 34 CFR parts 74, 75, 77, 79, 80, 81, 82, (i) The significance of the problem or (e) Adequacy of resources (5 points). 85, 86, 97, 98, and 99 the regulations in issue to be addressed by the proposed (1) The Secretary considers the 34 CFR part 299, General Provisions, project. adequacy of resources for the proposed ESEA. (ii) The potential contribution of the project. proposed project to increased (2) In determining the adequacy of Description of Program knowledge or understanding of resources for the proposed project, the Funds under this program are educational problems, issues, or Secretary considers the following available to carry out field-initiated effective strategies. factors:

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(i) The extent to which the budget is must be mailed or hand-delivered by the Department—in Item 3 of the Application for adequate to support the proposed date indicated in this notice to the Federal Assistance (Standard Form 424) the project. following address: The Secretary, E.O. CFDA number—and suffix letter, if any—of (ii) The extent to which the costs are 12372—CFDA# 84.292B, U.S. the competition under which the application is being submitted. reasonable in relation to the objectives, Department of Education, Washington, design, and potential significance of the DC 20202–0124. Application Instructions and Forms proposed project. Proof of mailing will be determined The appendix to this notice contains (f) Quality of the management plan on the same basis as applications (see 34 the following forms and instructions, (10 points). (1) The Secretary considers CFR 75.102). Recommendations or plus a statement regarding estimated the quality of the management plan for comments may be hand-delivered until public reporting burden, a notice to the proposed project. 4:30 p.m. (EST) on the date indicated in applicants regarding compliance with (2) In determining the quality of the this Notice. section 427 of the General Education management plan for the proposed Please note that the above address is Provisions Act (GEPA), a checklist for project, the Secretary considers the not the same address as the one to applicants, various assurances, following factors: which the applicant submits its certifications, and required (i) The adequacy of the management completed application. Do not send plan to achieve the objectives of the documentation: applications to the above address. a. Instructions for the Application proposed project on time and within Narrative. budget, including clearly defined Instructions for Transmittal of Applications b. Additional Guidance. responsibilities, timelines, and c. Estimated Public Reporting Burden milestones for accomplishing project (a) If an applicant wants to apply for Statement. tasks. a grant, the applicant must— d. Notice to All Applicants. (ii) The extent to which the time (1) Mail the original and two copies e. Checklist for Applicants. commitments of the project director and of the application on or before the f. Application for Federal Assistance principal investigator and other key deadline date to: U.S. Department of (Standard Form 424) and instructions. project personnel are appropriate and Education, Application Control Center, g. Budget Information—Non- adequate to meet the objectives of the Attention (CFDA# 84.292B), Construction Programs (ED Form No. proposed project. Washington, DC 20202–4725 or 524) and instructions. (2) Hand-deliver the original and two Intergovernmental Review of Federal h. Eligibility Certification. copies of the application by 4:30 p.m. i. Assurances—Non-Construction Programs (EST) on or before the deadline date to: Programs (Standard Form 424B) and This program is subject to the U.S. Department of Education, instructions. requirements of Executive order 12372 Application Control Center, Attention: j. Certifications Regarding: Lobbying; (Intergovernmental Review of Federal (CFDA# 84.292B), Room ι3633, Regional Debarment, Suspension and Other Programs) and the regulations in 34 CFR Office Building #3, 7th and D Streets, Responsibility Matters; and Drug-Free part 79. The objective of the Executive SW., Washington, DC. Workplace Requirements (ED 80–0013) order is to foster an intergovernmental (b) An applicant must show one of the and instructions. partnership and to strengthen following as proof of mailing: k. Certification Regarding Debarment, federalism by relying on State and local (1) A legibly dated U.S. Postal Service Suspension, Ineligibility and Voluntary processes for State and local postmark. Exclusion: Lower Tier Covered government coordination and review of (2) A legible mail receipt with the Transactions (ED 80–0014, 9/90) and proposed Federal financial assistance. date of mailing stamped by the U.S. instructions. Applicants must contact the Postal Service. Note: ED 80–0014 is intended for the use appropriate State Single Point of (3) A dated shipping label, invoice, or of grantees and should not be transmitted to Contact to find out about, and to comply receipt from a commercial carrier. the Department. with, the State’s process under (4) Any other proof of mailing l. Disclosure of Lobbying Activities Executive order 12372. Applicants acceptable to the Secretary. (Standard Form LLL) (if applicable) and proposing to perform activities in more (c) If an application is mailed through instructions. This document has been than one State should immediately the U.S. Postal Service, the Secretary marked to reflect statutory changes. See contact the Single Point of Contact for does not accept either of the following the notice published in the Federal each of those States and follow the as proof of mailing: Register (61 FR 1413) by the Office of procedure established in each State (1) A private metered postmark. Management and Budget on January 19, under the Executive order. If you want (2) A mail receipt that is not dated by 1996. to know the name and address of any the U.S. Postal Service. An applicant may submit information State Single Point of Contact, see the list Notes: on a photostatic copy of the application published in the Federal Register on (1) The U.S. Postal Service does not and budget forms, the assurances, and April 28, 1999 (64 FR 22963); or you uniformly provide a dated postmark. Before the certifications. However, the may view the latest SPOC list on the relying on this method, an applicant should application form, the assurances, and OMB Web site at the following address: check with its local post office. the certifications must each have an http://www.whitehouse.gov/omb/grants (2) The Application Control Center will original signature. In States that have not established a mail a Grant Application Receipt All applicants must submit ONE process or chosen a program for review, Acknowledgment to each applicant. If an original signed application, including State, areawide, regional, and local applicant fails to receive the notification of ink signatures on all forms and entities may submit comments directly application receipt within 15 days from the assurances, and TWO copies of the date of mailing the application, the applicant to the Department. Any State Process should call the U.S. Department of Education application. Please mark each Recommendation and other comments Application Control Center at (202) 708– application as ‘‘original’’ or ‘‘copy.’’ No submitted by a State Single Point of 9495. grant may be awarded unless a Contact and any comments from State, (3) The applicant must indicate on the completed application has been areawide, regional, and local entities envelope and—if not provided by the received.

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FOR FURTHER INFORMATION CONTACT: concerning the accuracy of the time not include resumes or curriculum vitae Socorro Lara, U.S. Department of estimate or suggestions for improving for project personnel; provide position Education, 400 Maryland Ave., SW., this form, please write to: U.S. descriptions instead. Room 5086, Switzer Building, Department of Education, Washington, Additional Guidance Washington, DC 20202–6510. DC 20202–4651. Telephone: (202) 205–9730. Individuals If you have comments or concerns Table of Contents who use a telecommunications device regarding the status of your individual The application should include a for the deaf (TDD) may call the Federal submission of this form, write directly table of contents listing the sections in Information Relay Service (FIRS) at 1– to: Office of Bilingual Education and the order required. 800–877–8339. Minority Languages Affairs, U.S. Individuals with disabilities may Department of Education, 400 Maryland Budget obtain this notice in an alternate format Avenue, SW., Room 5086, Switzer Budget line items must support the (e.g., Braille, large print, audiotape, or Building, Washington, DC 20202–6510. goals and objectives of the proposed computer diskette) on request to the Application Instructions project and must be directly related to contact person listed in the preceding the instructional design and all other paragraph. Please note, however, that Mandatory Page Limit for the project components. the Department is not able to reproduce Application Narrative Final Application Preparation in an alternate format the standard The narrative portion of the Use the Checklist for Applicants to forms included in the notice. application must not exceed the verify that your application is complete. equivalent of 50 pages, using the Electronic Access to This Document Submit three copies of the application, following standards: You may view this document, as well • A pageis 8.5″ x 11″, on one side including an original copy containing as all other Department of Education only, with 1″ margins at the top, bottom, an original signature for each form documents published in the Federal and both sides. requiring the signature of the authorized Register, in text or Adobe Portable • Double space (no more than three representative. Do not use elaborate Document Format (PDF) on the Internet lines per vertical inch) all text in the bindings or covers. The application at either of the following sites: application narrative, including titles, package must be mailed or hand- http://ocfo.ed.gov/fedreg.htm headings, footnotes, quotations, delivered to the Application Control http://www.ed.gov/news.html references, and captions, as well as all Center (ACC) and postmarked by the To use the PDF you must have the text in charts, tables, figures, and deadline date. Adobe Acrobat Reader Program with graphs. Submission of Application to State Search, which is available free at either • Use a font that is either 12-point or Educational Agency of the preceding sites. If you have larger or no smaller than 10 pitch Section 7116(a)(2) of the ESEA, 20 questions about using the PDF, call the (characters per inch). U.S.C. 7426(a)(2), requires all applicants U.S. Government Printing Office toll The narrative section must be except schools funded by the Bureau of free at 1–888–293–6498 or in the paginated and should include a one- Indian Affairs to submit a copy of their Washington, DC area at (202) 512–1530. page abstract. The 50-page limit applies application to their State educational to the abstract, proposal narrative, Note: The official version of this document agency (SEA) for review and comment. is the document published in the Federal charts, graphs, tables, graphics, budget Section 75.156 of EDGAR requires these Register. Free Internet access to the official narrative, position descriptions (and applicants to submit their application to edition of the Federal Register and the Code resumes, if included), and any the SEA on or before the deadline date of Federal Regulations is available on GPO appendices. The page limit does not for submitting their application to the Access at: http://www.access.gpo.gov/nara/ apply to application forms, attachments Department of Education. This section index.html. to those forms, assurances, of EDGAR also requires applicants to certifications, and the table of contents. Program Authority: 20 U.S.C. 7452. attach to their application a copy of The page limit applies only to item 11 their letter that requests the SEA to Dated: March 10, 2000. and not to the other items in the comment on the application (34 CFR Art Love, Checklist for Applicants. Applications 75.156). A copy of this letter should be Acting Director, Office of Bilingual Education with a narrative section that exceeds the attached to the Project Documentation and Minority Languages Affairs. page limit will not be considered for Form contained in this application funding. The narrative section should Estimated Public Reporting Burden package. Applicants that do not submit begin with an abstract that includes a Statement a copy of their application to their state short description of the population to be educational agency in accordance with According to the Paperwork served by the project, project objectives, these statutory and regulatory Reduction Act of 1995, no persons are and planned project activities. If, to requirements will not be considered for required to respond to a collection of meet the page limit, you use more than funding. information unless it displays a valid one side of the page, you use a larger OMB control number. The valid OMB page, or you use a print size, spacing, Checklist for Applicants control number for this information or margins smaller than the standards in The following forms and other items collection is OMB No. 1885–0547 (Exp. this notice, we will reject your must be included in the application in 04/30/2002). The time required to application. the order listed below: complete this information collection is Selection Criteria 1. Application for Federal Assistance estimated to average 145 hours per Form (OMB No. 1875–0106). response, including the time to review The narrative should address fully all 2. Budget Information Form (ED instructions, search existing data aspects of the selection criteria in the Form No. 524). resources, gather the data needed, and order listed and should give detailed 3. Itemized budget for each year. complete and review the information information regarding each criterion. Do 4. Assurances—Non-Construction collection. If you have any comments not simply paraphrase the criteria. Do Programs Form (SF 424B).

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5. Certifications Regarding Lobbying, Covered Transactions Form (ED 80– 10. Table of Contents. Debarment, Suspension and Other 0014) (if applicable). 11. Application narrative, including Responsibility Matters; and Drug-Free 7. Disclosure of Lobbying Activities abstract (not to exceed 50 pages). Workplace Requirements Form (ED 80– Form (SF–LLL). 12. One original and two copies of the 0013). 8. Copy of letter requesting SEA comment on the application. application for transmittal to the 6. Certification Regarding 9. Form on General Education Education Department’s Application Debarment, Suspension, Ineligibility Provisions Act (GEPA) Requirement Control Center. and Voluntary Exclusion—Lower Tier (See section entitled NOTICE TO ALL BILLING CODE 4000±01±P APPLICANTS (OMB No. 1801–0004)).

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[FR Doc. 00–6651 Filed 3–16–00; 8:45 am] BILLING CODE 4000±01±C

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Part VII

Pension Benefit Guaranty Corporation 29 CFR Part 4022 et al. Valuation of Benefits; Use of Single Set of Assumptions for all Benefits; and Lump Sum Payment Assumptions; Final Rules

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PENSION BENEFIT GUARANTY allocation purposes—one for benefits to propose rulemaking (the ‘‘NIPR’’), CORPORATION be paid as annuities and another for addressing the future of the PBGC’s benefits payable as lump sums. When lump sum interest rates under section 29 CFR PARTS 4022, 4044, 4050 the PBGC values a benefit for lump sum 4022. In a final rule published RIN 1212±AA91 payment purposes—i.e, to determine elsewhere in today’s Federal Register, whether the benefit is payable as a lump the PBGC is amending provisions of its Valuation of Benefits; Use of Single sum under section 4022 (and, if so, in regulations related to lump sum interest Set of Assumptions for all Benefits what amount)—it uses the lump sum rates. The amendments provide that the assumption set. PBGC will publish two separate sets of AGENCY: Pension Benefit Guaranty Currently, the assumptions used to Corporation. lump sum rates ‘‘ one for PBGC value benefits (whether for allocation payments and one for private-sector ACTION: Final rule. purposes under section 4044 or for payments. The two sets of rates will be SUMMARY: The Pension Benefit Guaranty payment purposes under section 4022) identical until the PBGC, through Corporation is amending its regulations are found in part 4044 of the PBGC’s rulemaking, provides otherwise. That to provide for the use of a single set of regulations. action is independent of today’s final valuation assumptions —those currently Amendment rule. used by the PBGC to value benefits to Compliance With Rulemaking be paid as annuities—for purposes of Under the amendment in this final Guidelines allocating assets to benefits under rule, all benefits will be valued for plan asset allocation purposes under ERISA section 4044 of ERISA. The PBGC has determined that this On the same day that it proposed this section 4044 by using the PBGC’s annuity assumptions, regardless of rule is not a ‘‘significant regulatory amendment, the PBGC published a action’’ under the criteria set forth in notice of intent to propose rulemaking whether the benefit is to be paid as an annuity or is payable as a lump sum. Executive Order 12866. The PBGC relating to the future of its lump sum certifies that the amendment will not interest rates. In a final rule published The amendment does not change the way the PBGC values benefits for have a significant economic effect on a elsewhere in today’s Federal Register, substantial number of small entities. the PBGC is amending provisions of its purposes of paying lump sum benefits under section 4022. The PBGC will The amendments generally affect only regulations related to lump sum interest the valuation of de minimis benefits and rates. That action is independent of continue to use its existing lump sum assumptions for lump sum payment will have an immaterial effect on today’s final rule on valuation of liabilities associated with plan benefits. purposes under section 4022 of ERISA. (See Related action regarding possible termination. Accordingly, as provided EFFECTIVE DATE: May 1, 2000. future changes.) in section 605(b) of the Regulatory FOR FURTHER INFORMATION CONTACT: Because the assumptions the PBGC Flexibility Act, sections 603 and 604 do Harold J. Ashner, Assistant General uses to value lump sums for payment not apply. Counsel, or James L. Beller, Attorney, purposes will no longer apply to the List of Subjects Pension Benefit Guaranty Corporation, allocation of assets under section 4044, Office of the General Counsel, Suite 340, the amendment makes a nonsubstantive 29 CFR Part 4022 1200 K Street, NW., Washington, DC conforming change by moving the Employee benefit plans, Pension 20005–4026, 202–326–4024. (For TTY/ assumptions for lump sum payment TTD users, call the Federal relay service insurance, Pensions, Reporting and purposes from Part 4044 to Part 4022. recordkeeping requirements. toll-free at 1–800–877–8339 and ask to The PBGC expects that plan lump sum be connected to 202–326–4024.) provisions referring to the PBGC’s lump 29 CFR Part 4044 SUPPLEMENTARY INFORMATION: On sum interest rates under Part 4044 will October 26, 1998, the PBGC published be interpreted as referring to the rates Employee benefit plans, Pension a proposal (63 FR 57229) to simplify one being moved to Part 4022. (As explained insurance, Pensions. aspect of its valuation rules. The PBGC under Related action, while the PBGC 29 CFR Part 4050 received no comments on the proposed will publish two sets of lump sum rule and is adopting it without interest rates under Part 4022, the two Employee benefit plans, Pension modification. sets will be identical until the PBGC, insurance, Pensions, Reporting and recordkeeping requirements. Background through rulemaking, provides otherwise.) For the reasons set forth above, the When a plan terminates in a distress Finally, the PBGC is making PBGC amends parts 4022, 4044, and or involuntary termination, the PBGC nonsubstantive changes to the definition 4050 of 29 CFR chapter XL as follows: values the plan’s benefits in order to of ‘‘missing participant lump sum allocate assets to benefits in accordance assumptions’’ and ‘‘missing participant PART 4022ÐBENEFITS PAYABLE IN with the priority categories established annuity assumptions’’ in its Missing TERMINATED SINGLE-EMPLOYER under section 4044 of ERISA. This Participants regulation (Part 4050) to PLANS valuation and allocation affect the conform to the amendments to Parts amount of the PBGC’s employer liability 4022 and 4044. 1. The authority citation for part 4022 claim and participant benefit continues to read as follows: entitlements beyond guaranteed Applicability benefits. The PBGC also values each Authority: 29 U.S.C. 1302, 1322, 1322b, These amendments apply to any plan 1341(c)(3)(D), and 1344. benefit to determine whether it is de with a termination date on or after May minimis ($5,000 or less) and, therefore, 1, 2000. 2. In § 4022.7, paragraph (d) is revised payable as a lump sum under section to read as follows: 4022 (and, if so, in what amount). Related Action The PBGC’s regulations currently At the same time that the PBGC § 4022.7 Benefits payable in a single provide for the use of two sets of proposed this regulation, it published installment. assumptions to value benefits for (at 63 FR 57228) a notice of intent to * * * * *

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(d) Determination of lump sum 6. In § 4044.53, the section heading valuing benefits under § 4044.52 of this amount. For purposes of paragraph and paragraph (a) are revised to read as chapter, applied— (b)(1)(i) through (iii) of this section, the follows: (1) As if the deemed distribution date lump sum value of a benefit shall be were the termination date; calculated by valuing the monthly § 4044.53 Mortality assumptions. (2) Using the mortality rates annuity benefits payable in the form (a) General rule. Subject to paragraph prescribed in Revenue Ruling 95–6, determined under § 4044.51(a) of this (b) of this section (regarding certain 1995–1 C.B. 80 (for availability, see 26 chapter and commencing at the time death benefits), the plan administrator CFR 601.601(d)); determined under § 4044.51(b) of this shall use the mortality factors (3) Without using the expected chapter. The actuarial assumptions used prescribed in paragraphs (c), (d), and (e) retirement age assumptions in shall be those described in § 4044.52, of this section to value benefits under §§ 4044.55 through 4044.57 of this except that— § 4044.52. chapter; (1) Loading for expenses. There shall * * * * * (4) Without making the adjustment for be no adjustment to reflect the loading expenses provided for in § 4044.52(e) of § 4044.54 [Removed and Reserved] for expenses; this chapter; and (2) Mortality rates and interest 7. Section 4044.54 is removed and (5) By adding $300, as an adjustment assumptions. The mortality rates in reserved. (loading) for expenses, for each missing appendix A to this part and the interest Appendix A to Part 4044—[Amended] participant whose designated benefit assumptions in appendix B to this part without such adjustment would be 8. In appendix A to part 4044, Table shall apply; and greater than $5,000. (3) Date for determining lump sum 3—Lump Sum Mortality Table is redesignated as appendix A to part 4022 * * * * * value. The date as of which a lump sum Missing participant lump sum value is calculated is the termination and the heading is revised to read as follows: assumptions means the interest rate and date, except that in the case of a mortality assumptions and actuarial subsequent insufficiency it is the date Appendix A to Part 4022—Lump Sum methods for determining the lump sum described in section 4062(b)(1)(B) of Mortality Rates value of a benefit under § 4022.7(d) of ERISA. Appendix B to Part 4044—[Amended] this chapter applied— (1) As if the deemed distribution date Appendix to Part 4022 [Redesignated as 9. In appendix B to part 4044: Appendix C to Part 4022] a. The appendix heading is revised; were the termination date; and 3. The Appendix to Part 4022 is b. The heading ‘‘Table I—[Annuity (2) Without using the expected redesignated as Appendix C to part Valuations]’’ is removed. retirement age assumptions in 4022, and the heading is revised to read The revision reads as follows: §§ 4044.55 through 4044.57 of this as follows: chapter. Appendix B to Part 4044—Interest * * * * * Appendix C to Part 4022—Maximum Rates Used to Value Benefits Guaranteeable Monthly Benefit Issued in Washington, DC, this 9th day of 10. In appendix B to part 4044, Table March, 2000. II—[Lump Sum Valuations] is PART 4044ÐALLOCATION OF Alexis M. Herman, redesignated as appendix B to part 4022 ASSETS IN SINGLE-EMPLOYER Chairman, Board of Directors, Pension Benefit and the heading is revised to read as PLANS Guaranty Corporation. follows: Issued on the date set forth above pursuant 4. The authority citation for part 4044 Appendix B to Part 4022—Lump Sum to a resolution of the Board of Directors continues to read as follows: Interest Rates authorizing its Chairman to issue this final Authority: 29 U.S.C. 1301(a), 1302(b)(3), rule. 1341, 1344, 1362. Appendix C to Part 4044—[Amended] James J. Keightley, 5. Section 4044.52 is revised to read 11. In appendix C to part 4044, the Secretary, Board of Directors, Pension Benefit as follows: table is amended in the third column by Guaranty Corporation. removing the reference ‘‘Table I of [FR Doc. 00–6646 Filed 3–16–00; 8:45 am] § 4044.52 Valuation of benefits. appendix B for the valuation of BILLING CODE 7708±01±P The plan administrator shall value all annuities’’ and adding the reference benefits as of the valuation date by— ‘‘appendix B of this part for the (a) Using the mortality assumptions valuation of benefits’’ in its place. PENSION BENEFIT GUARANTY prescribed by § 4044.53 and the interest CORPORATION assumptions prescribed in appendix B PART 4050ÐMISSING PARTICIPANTS 29 CFR PART 4022 to this part; 12. The authority citation for part (b) Using interpolation methods, 4050 continues to read as follows: RIN 1212±AA92 where necessary, at least as accurate as Authority: 29 U.S.C. 1302(b)(3), 1350. linear interpolation; Lump Sum Payment Assumptions (c) Using valuation formulas that 13. In § 4050.2, the definitions of accord with generally accepted actuarial Missing participant annuity AGENCY: Pension Benefit Guaranty principles and practices; assumptions and Missing participant Corporation. (d) Taking mortality into account lump sum assumptions are revised to ACTION: Final rule. during the deferral period of a deferred read as follows: joint and survivor benefit only with SUMMARY: The PBGC intends to continue respect to the participant (or other § 4050.2 Definitions to calculate and publish lump sum principal annuitant); and * * * * * interest rates determined using the (e) Adjusting the values to reflect Missing participant annuity PBGC’s current methods (or a surrogate loading expenses in accordance with assumptions means the interest rate for those rates) indefinitely. For the time appendix C to this part. assumptions and actuarial methods for being, the PBGC will continue to use

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Accordingly, the PBGC is preserve the option of changing the way longer requires private plans to use the eliminating the linkage between the it sets the rates it uses for its own PBGC lump sum interest rates, some lump sum interest rates it uses to pay payments without affecting those plans continue to use them for the benefits and the PBGC rates the private private-sector calculations, the PBGC transition period permitted under the sector relies upon. In order to eliminate will publish two separate sets of lump Code and ERISA, and some plans will this linkage, the PBGC will publish sum rates—one for PBGC payments and choose to continue to use them separate tables of lump sum interest one for private-sector payments. indefinitely where they produce a larger rates for these distinct purposes—one Initially, the two sets of rates will be distribution than the minimum benefit table called ‘‘Lump Sum Rates for PBGC identical; therefore, the change is amount required by Code section Payments’’ and another table called nonsubstantive. 417(e)(3) and ERISA section 205(g)(3). ‘‘Lump Sum Rates for Private-Sector Sometime in the future, the PBGC, In addition, many existing annuity Payments.’’ By publishing two sets of through a separate rulemaking, might contracts provide benefits calculated lump sum rates, the PBGC could change change the way it sets the lump sum using the PBGC lump sum interest rates. the way it sets the rates it uses for its interest rates it uses for its own October 1998 Notice of Intent To own payments without affecting the payments. If that occurs, the PBGC Propose Rulemaking rates used by the private sector. Because would continue to publish the historic the PBGC is not at this time changing rates (or a surrogate) to be used by the In a notice of intent to propose the way it sets the lump sum interest private sector. The PBGC cautions rulemaking (63 FR 57228 (October 26, rates it uses for its own payments, the pension practitioners to exercise care 1998)), the PBGC announced that it was two sets of rates will initially be when drafting or amending documents considering (1) discontinuing use of its identical. that refer to the lump sum interest rates existing lump sum assumptions for payment purposes and replacing them The PBGC will continue to publish its used by the PBGC. lump sum interest rates (in both the The Internal Revenue Service has with a modified version of its existing annuity assumptions, effective PBGC table and the private-sector table) informed the PBGC that a plan that for a given month on the 15th of the refers to PBGC lump sum interest rates sometime after December 2000, and (2) discontinuing calculation and previous month (or, if the 15th falls on for purposes of calculating the amount a weekend or holiday, the preceding of a distribution subject to Internal publication of its existing lump sum interest rates at, or sometime after, the regular workday), or as close to that date Revenue Code section 417(e)(3) and that as circumstances permit. is amended before the PBGC amends its time the PBGC discontinues their use. None of the commenters objected to regulations to provide lump sum Surrogate Rate the PBGC’s changing the way it sets the interest rates for PBGC payments that interest rates it uses to pay lump sums The PBGC is exploring whether there are no longer identical to the lump sum for its own purposes. However, all of the is a reasonable surrogate (e.g., some interest rates for private-sector commenters asked the PBGC either to percentage of the average yield on 30- payments will not fail to satisfy the continue to calculate and publish its year Treasury securities) for its historic ‘‘anti-cutback’’ rules of Internal Revenue lump sum interest rates determined rates. If such a surrogate exists, the Code section 411(d)(6) merely because it using the PBGC’s current methods or to PBGC might replace the historic rates is amended to clarify that the plan’s provide a surrogate rate. Many plan with the surrogate pursuant to a reference to PBGC lump sum interest sponsors and plan participants stated separate rulemaking. The PBGC would rates means the lump sum interest rates that their plans would continue to refer not make such a change unless the for private-sector payments. to PBGC rates, noting that the plan’s Internal Revenue Service concludes that EFFECTIVE DATE: May 1, 2000. participants have come to rely upon the use of the surrogate in lieu of the FOR FURTHER INFORMATION CONTACT: those rates and the larger lump sum historic rates would not cause a plan to Harold J. Ashner, Assistant General amounts they produce. Commenters fail to satisfy the ‘‘anti-cutback’’ rules of Counsel, or James L. Beller, Attorney, also noted that the private sector uses Code section 411(d)(6). Pension Benefit Guaranty Corporation, the PBGC rates in other contexts, Mortality Assumptions for Setting Office of the General Counsel, Suite 340, including insurance contracts Interest Rates for Private-Sector 1200 K Street, NW., Washington, DC purchased to satisfy plan liabilities. Payments 20005–4026, 202–326–4024. (For TTY/ Some commenters felt that the PBGC TTD users, call the Federal relay service should update the mortality The PBGC does not intend to update toll-free at 1–800–877–8339 and ask to assumptions it uses to derive its lump the mortality assumptions it uses to set be connected to 202–326–4024.) sum interest rates. its lump sum interest rates for private- SUPPLEMENTARY INFORMATION: sector payments; doing so would Separation of PBGC Rates and Private- increase those interest rates and thereby Background sector Rates reduce private-sector lump sums. This Each month, the PBGC publishes the For the time being, the PBGC has would be inconsistent with the desire of interest rates it uses to determine decided that it will not make any various commenters (including several whether the PBGC will pay a pension change in the way it sets the lump sum who suggested the PBGC update its benefit in the form of a lump sum and, interest rates it uses for its own mortality assumptions) that the PBGC if so, the amount the PBGC will pay. payments. However, because those rates continue publishing its historical rates Private-sector plans and annuity have been derived from a mortality table (or provide a substitute for those rates) providers historically have relied upon that is becoming increasingly outdated, because participants have come to rely the PBGC lump sum interest rates, along the PBGC would like to preserve the upon the larger lump sum amounts with appropriate mortality assumptions, option to do so in the future. these rates produce.

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Possible Future Changes to Lump Sum to provide lump sum interest rates for For the reasons set forth above, the Rates Used by the PBGC PBGC payments that are no longer PBGC amends part 4022 of 29 CFR If the PBGC in the future changes the identical to the lump sum interest rates chapter XL (as amended by the PBGC’s way it sets lump sum rates for its own for private-sector payments will not fail final rule published elsewhere in payments, a number of interpretation to satisfy the ‘‘anti-cutback’’ rules of today’s Federal Register) as follows: and drafting issues might arise for Code section 411(d)(6) merely because it private sector payments. Because there is amended to clarify that the plan’s PART 4022ÐBENEFITS PAYABLE IN is potential for confusion and reference to PBGC lump sum interest TERMINATED SINGLE-EMPLOYER misinterpretation, the PBGC cautions rates means the lump sum interest rates PLANS pension practitioners to exercise care for private-sector payments. The 1. The authority citation for part 4022 when drafting or amending documents Internal Revenue Service has not yet continues to read as follows: that refer to the PBGC lump sum interest determined whether other amendments relating to PBGC lump sum interest Authority: 29 U.S.C. 1302, 1322, 1322b, rates. In particular, plan practitioners 1341(c)(3)(D), and 1344. should avoid referring to the ‘‘PBGC rates would cause the plan to fail to lump sum rates’’ or the rates the PBGC satisfy the ‘‘anti-cutback’’ rules of Code 2. In § 4022.7, a new paragraph (e) is ‘‘uses.’’ If they wish to refer to the section 411(d)(6). added to read as follows: PBGC’s historical lump sum rates, they Compliance With Rulemaking should refer to the PBGC’s lump sum § 4022.7 Benefits payable in a single Guidelines installment. interest rates for private-sector payments. This reference would be to The PBGC has determined that there * * * * * the PBGC’s historical rates or a surrogate is good cause for dispensing with notice (e) Publication of lump sum rates. The for those rates and therefore would be and comment rulemaking as PBGC will provide two sets of lump unaffected by any change the PBGC unnecessary. 5 U.S.C. 553(b). This rule sum interest rates as follows— might make to the method it uses to provides that instead of publishing one (1) In appendix B to this part, the determine the rates for its own lump set of monthly lump sum interest rates, lump sum interest rates for PBGC sum payments. Alternatively, plan the PBGC will publish two sets—one for payments, as provided under paragraph practitioners may refer to the PBGC’s PBGC payments and one for private- (d)(2) of this section; and lump sum interest rates for PBGC sector payments. This is a (2) In appendix C to this part, the payments. This reference would be to nonsubstantive change because the two lump sum interest rates for private- the rates the PBGC uses for its own sets of rates will be identical until the sector payments. lump sum payments and therefore could PBGC, through rulemaking, provides Appendix B to Part 4022 result in unexpected changes in plan otherwise. 3. In newly redesignated Appendix B lump sum amounts if the PBGC changes The PBGC has determined that this to part 4022, the appendix heading is the way it sets rates for its own rule is not a ‘‘significant regulatory revised to read as follows: payments. action’’ under the criteria set forth in Executive Order 12866. Appendix B to Part 4022—Lump Sum Anti-Cutback Issues Under Code Because no general notice of proposed Interest Rates for PBGC Payments Section 411(d)(6) rulemaking is required for this Appendix C to Part 4022 [Redesignated The Internal Revenue Service has rulemaking, the Regulatory Flexibility as Appendix D to Part 4022] informed the PBGC that a plan that Act does not apply (5 U.S.C. 601(2)). refers to PBGC lump sum interest rates 4. Newly redesignated Appendix C to for purposes of calculating the amount List of Subjects in 29 CFR Part 4022 part 4022 is further redesignated as of the distribution subject to Code Employee benefit plans, Pension Appendix D to part 4022, and a new section 417(e)(3) and that is amended insurance, Pensions, Reporting and Appendix C is added to part 4022 to before the PBGC amends its regulations recordkeeping requirements. read as follows:

Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments [In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation date, the immediate annuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0 < y ≤ n1), interest rate i1 shall apply from the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the deferral period is y years (where y is an integer and n1 < y ≤ n1 + n2), interest rate i2 shall apply from the valuation date for a period of y ¥ n1 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply; (4) For benefits for which the deferral period is y years (where y is an integer and y > n1 + n2), interest rate i3 shall apply from the valuation date for a period of y¥n1¥n2 years, interest rate i2 shall apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply.]

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

1 ...... 11±1±93 12±1±93 4.25 4.00 4.00 4.00 7 8 2 ...... 12±1±93 1±1±94 4.25 4.00 4.00 4.00 7 8 3 ...... 1±1±94 2±1±94 4.50 4.00 4.00 4.00 7 8 4 ...... 2±1±94 3±1±94 4.50 4.00 4.00 4.00 7 8 5 ...... 3±1±94 4±1±94 4.50 4.00 4.00 4.00 7 8 6 ...... 4±1±94 5±1±94 4.75 4.00 4.00 4.00 7 8 7 ...... 5±1±94 6±1±94 5.25 4.50 4.00 4.00 7 8 8 ...... 6±1±94 7±1±94 5.25 4.50 4.00 4.00 7 8 9 ...... 7±1±94 8±1±94 5.50 4.75 4.00 4.00 7 8 10 ...... 8±1±94 9±1±94 5.75 5.00 4.00 4.00 7 8

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

11 ...... 9±1±94 10±1±94 5.50 4.75 4.00 4.00 7 8 12 ...... 10±1±94 11±1±94 5.50 4.75 4.00 4.00 7 8 13 ...... 11±1±94 12±1±94 6.00 5.25 4.00 4.00 7 8 14 ...... 12±1±94 1±1±95 6.25 5.50 4.25 4.00 7 8 15 ...... 1±1±95 2±1±95 6.00 5.25 4.00 4.00 7 8 16 ...... 2±1±95 3±1±95 6.00 5.25 4.00 4.00 7 8 17 ...... 3±1±95 4±1±95 6.00 5.25 4.00 4.00 7 8 18 ...... 4±1±95 5±1±95 5.75 5.00 4.00 4.00 7 8 19 ...... 5±1±95 6±1±95 5.50 4.75 4.00 4.00 7 8 20 ...... 6±1±95 7±1±95 5.50 4.75 4.00 4.00 7 8 21 ...... 7±1±95 8±1±95 4.75 4.00 4.00 4.00 7 8 22 ...... 8±1±95 9±1±95 4.75 4.00 4.00 4.00 7 8 23 ...... 9±1±95 10±1±95 5.00 4.25 4.00 4.00 7 8 24 ...... 10±1±95 11±1±95 4.75 4.00 4.00 4.00 7 8 25 ...... 11±1±95 12±1±95 4.75 4.00 4.00 4.00 7 8 26 ...... 12±1±95 1±1±96 4.50 4.00 4.00 4.00 7 8 27 ...... 1±1±96 2±1±96 4.50 4.00 4.00 4.00 7 8 28 ...... 2±1±96 3±1±96 4.25 4.00 4.00 4.00 7 8 29 ...... 3±1±96 4±1±96 4.25 4.00 4.00 4.00 7 8 30 ...... 4±1±96 5±1±96 4.75 4.00 4.00 4.00 7 8 31 ...... 5±1±96 6±1±96 5.00 4.25 4.00 4.00 7 8 32 ...... 6±1±96 7±1±96 5.00 4.25 4.00 4.00 7 8 33 ...... 7±1±96 8±1±96 5.00 4.25 4.00 4.00 7 8 34 ...... 8±1±96 9±1±96 5.25 4.50 4.00 4.00 7 8 35 ...... 9±1±96 10±1±96 5.25 4.50 4.00 4.00 7 8 36 ...... 10±1±96 11±1±96 5.25 4.50 4.00 4.00 7 8 37 ...... 11±1±96 12±1±96 5.00 4.25 4.00 4.00 7 8 38 ...... 12±1±96 1±1±97 4.75 4.00 4.00 4.00 7 8 39 ...... 1±1±97 2±1±97 4.50 4.00 4.00 4.00 7 8 40 ...... 2±1±97 3±1±97 4.75 4.00 4.00 4.00 7 8 41 ...... 3±1±97 4±1±97 5.00 4.25 4.00 4.00 7 8 42 ...... 4±1±97 5±1±97 4.75 4.00 4.00 4.00 7 8 43 ...... 5±1±97 6±1±97 5.00 4.25 4.00 4.00 7 8 44 ...... 6±1±97 7±1±97 5.25 4.50 4.00 4.00 7 8 45 ...... 7±1±97 8±1±97 5.25 4.50 4.00 4.00 7 8 46 ...... 8±1±97 9±1±97 4.75 4.00 4.00 4.00 7 8 47 ...... 9±1±97 10±1±97 4.50 4.00 4.00 4.00 7 8 48 ...... 10±1±97 11±1±97 4.75 4.00 4.00 4.00 7 8 49 ...... 11±1±97 12±1±97 4.50 4.00 4.00 4.00 7 8 50 ...... 12±1±97 1±1±98 4.50 4.00 4.00 4.00 7 8 51 ...... 1±1±98 2±1±98 4.25 4.00 4.00 4.00 7 8 52 ...... 2±1±98 3±1±98 4.25 4.00 4.00 4.00 7 8 53 ...... 3±1±98 4±1±98 4.25 4.00 4.00 4.00 7 8 54 ...... 4±1±98 5±1±98 4.25 4.00 4.00 4.00 7 8 55 ...... 5±1±98 6±1±98 4.25 4.00 4.00 4.00 7 8 56 ...... 6±1±98 7±1±98 4.25 4.00 4.00 4.00 7 8 57 ...... 7±1±98 8±1±98 4.00 4.00 4.00 4.00 7 8 58 ...... 8±1±98 9±1±98 4.00 4.00 4.00 4.00 7 8 59 ...... 9±1±98 10±1±98 4.00 4.00 4.00 4.00 7 8 60 ...... 10±1±98 11±1±98 4.00 4.00 4.00 4.00 7 8 61 ...... 11±1±98 12±1±98 3.75 4.00 4.00 4.00 7 8 62 ...... 12±1±98 1±1±99 4.00 4.00 4.00 4.00 7 8 63 ...... 1±1±99 2±1±99 4.00 4.00 4.00 4.00 7 8 64 ...... 2±1±99 3±1±99 4.00 4.00 4.00 4.00 7 8 65 ...... 3±1±99 4±1±99 4.00 4.00 4.00 4.00 7 8 66 ...... 4±1±99 5±1±99 4.25 4.00 4.00 4.00 7 8 67 ...... 5±1±99 6±1±99 4.25 4.00 4.00 4.00 7 8 68 ...... 6±1±99 7±1±99 4.25 4.00 4.00 4.00 7 8 69 ...... 7±1±99 8±1±99 4.50 4.00 4.00 4.00 7 8 70 ...... 8±1±99 9±1±99 5.00 4.25 4.00 4.00 7 8 71 ...... 9±1±99 10±1±99 5.00 4.25 4.00 4.00 7 8 72 ...... 10±1±99 11±1±99 5.00 4.25 4.00 4.00 7 8 73 ...... 11±1±99 12±1±99 5.00 4.25 4.00 4.00 7 8 74 ...... 12±1±99 1±1±00 5.25 4.50 4.00 4.00 7 8 75 ...... 1±1±00 2±1±00 5.00 4.25 4.00 4.00 7 8 76 ...... 2±1±00 3±1±00 5.25 4.50 4.00 4.00 7 8 77 ...... 3±1±00 4±1±00 5.25 4.50 4.00 4.00 7 8 78 ...... 4±1±00 5±1±00 5.25 4.50 4.00 4.00 7 8

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Issued in Washington, DC, this 9th day of authorizing its Chairman to issue this final March, 2000. rule. Alexis M. Herman, James J. Keightley, Chairman, Board of Directors, Pension Benefit Secretary, Board of Directors, Pension Benefit Guaranty Corporation. Guaranty Corporation. Issued on the date set forth above pursuant [FR Doc. 00–6647 Filed 3–16–00; 8:45 am] to a resolution of the Board of Directors BILLING CODE 7708±01±P

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Part VIII

Oklahoma City National Memorial Trust Rules and Regulations for Oklahoma City National Memorial; Final Rule

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OKLAHOMA CITY NATIONAL government corporation created by the were received. Since no comments were MEMORIAL TRUST Oklahoma City National Memorial Act, received, no amendments were made to Public Law 105–58 (Act). Pursuant to the proposed regulations. 36 CFR Chapter XV section 4 of the Act, the Trust Related Documents administers the Memorial, which is Rules and Regulations for Oklahoma comprised of the lands, facilities, and The entire regulations and their City National Memorial structures within the boundaries respective environmental assessment may be found at the Trust’s internet AGENCY: Oklahoma City National depicted on the map referenced in the website (www.oklahoman.net/ Memorial Trust. statute. Section 6(g) of the Act enables the connections/memorial). A written copy ACTION: Final rule. Trust to of the regulations and 36 CFR is available for review at the Trust’s office SUMMARY: The Oklahoma City National Adopt, amend, repeal, and enforce bylaws, Memorial Trust will adopt and enforce rules and regulations governing the manner at One Leadership Square, Suite 150, those rules and regulations that are in which its business may be conducted and Oklahoma City, OK 73102. applicable to the operation of the the powers vested in it may be exercised. The Regulatory Impact National Park System and that may be Trust is authorized, in consultation with the This rulemaking does not have an necessary and appropriate to carry out Secretary [of the Interior], to adopt and to annual effect of $100 million or more on its duties and responsibilities under the enforce those rules and regulations that are applicable to the operation of the National the economy nor adversely affect Oklahoma City National Memorial Act Park System and that may be necessary and productivity, competition, jobs, prices, of 1997. This rule will enable the Trust appropriate to carry out its duties and the environment, public health or to safely and efficiently operate the responsibilities under this Act. safety, or State or local governments. Memorial by establishing general These rules do not interfere with an provisions, regulations for resource Consistent with that authority, and in action taken or planned by another protection and public use, vehicles and order to protect, preserve, and operate agency or raise new legal or policy traffic safety, and commercial and the Memorial, the Trust created this rule issues. In short, little or no effect on the private operations. Public comment was concerning resource protection and national economy will result from invited on the proposed rule and was public use; vehicles and traffic safety; adoption of this rule. Because this rule considered by the Trust in creating this and commercial and private operations. Title 36 of the Code of Federal is not economically significant, it is not final rule. No public comments were Regulations (CFR) chapter I, parts 1, 2, subject to review by the Office of received by the Trust. 4, and 5 already govern the management Management and Budget under DATES: Effective Date: April 18, 2000. and activities within the units of the Executive Order 12866. ADDRESSES: The text of 36 CFR chapters National Park System throughout the The Trust has determined and I and XV may be viewed at the office of United States. The Trust recognizes the certifies pursuant to the Regulatory the Oklahoma City National Memorial national scope and inherent continuity Flexibility Act, 5 U.S.C. 601 et seq., that Trust, One Leadership Square, Suite of 36 CFR, its necessity within the this rule does not have a significant 150, Oklahoma City, OK 73102. National Park System, and therefore, economic effect on a substantial number FOR FURTHER INFORMATION CONTACT: Kari adopts those regulations that are of small entities. This rule is not a major Watkins, 405–235–3313. relevant and applicable to the Memorial. rule within the meaning of the SUPPLEMENTARY INFORMATION: In an attempt to keep the regulations Congressional Review Act, 5 U.S.C. 801 clear and concise, the Trust has et seq. Background excluded those portions of the existing Environmental Impact The Oklahoma City National regulations that are not applicable and Memorial Act of 1997 (Public Law 105– would have no bearing on the The Trust prepared an Environmental 58, October 9, 1997) establishes (1) the management or protection of the Assessment (EA) in connection with the Oklahoma City National Memorial in Memorial. proposed version of this rule. The EA Oklahoma City as a unit of the National determined that the rule would not have Park System and (2) the Oklahoma City Consultation a significant effect on the quality of the National Memorial Trust as a wholly Prior to proposing these regulations, human environment because it is owned government corporation to the Trust consulted with the Secretary neither intended nor expected to change administer the memorial in cooperation of the Interior’s designee, the National the physical status quo of the Memorial with the Secretary of Interior in Park Service Director, Intermountain in any significant manner. The EA was accordance with laws governing units of Region, who serves on the Trust’s Board prepared in accordance with the the National Park System. At the request of Directors pursuant to section 6(g) of National Environmental Policy Act of of the Trust, the Secretary of Interior is the Act. The Director, Intermountain 1969, 42 U.S.C. 4321 et seq. The EA is required to provide, for a period not to Region facilitated the advisory process available for public inspection at the exceed two years, personnel and by providing direct access to officials in office of the Trust, One Leadership technical expertise. A superintendent is the National Park Service and the Square, Suite 150, Oklahoma City, OK assigned to coordinate National Park National Park Service Solicitor’s Office. 73102 or on the Trust’s internet website Service (NPS) assistance to the Trust. (www.oklahoman.net/connections/ Discussion of Comments on Proposed Also at the Trust’s request, NPS is memorial). Rule required to provide uniformed Environmental consequences include personnel to carry out day-to-day visitor The Trust provided for a public the enhanced protection of the service programs on a reimbursable comment period of 30 days on these Memorial through the ability of the basis. regulations. The Proposed Rule was Trust’s required rulemaking authority to published in the Federal Register on regulate and maintain the Memorial as Statutory Authority February 16, 2000 (FR Volume 65, a unit of the National Park System. The The Oklahoma City National Number 32, Pages 8010–8011). No regulations enable the Trust to Memorial Trust is a wholly owned public comments on the proposed rules adequately manage and protect the

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No long term adverse effects parts, sections, and paragraphs that the substances are expected on the natural or cultural Trust has chosen to exclude from § 2.36 Gambling environment, and constructive manage adoption. § 2.37 Noncommercial soliciting of the use of the historic Journal Record § 2.38 Explosives National Park Service Regulations § 2.50 Special events building will ensure its long-term 36 CFR Chapter I § 2.51 Public assemblies, meetings preservation. § 2.52 Sale or distribution of printed matter The memorial site is in an urban Excluding parts 3 and 6–199 PART 1 GENERAL PROVISIONS § 2.61 Residing on Federal lands business district, and nearby buildings § 1.1 Purpose § 2.62 Memorialization include two churches, business offices, § 1.2 Applicability and Scope PART 4 VEHICLES AND TRAFFIC SAFETY the post office, federal courthouse, and § 1.3 Penalties § 4.1 Applicability and scope a high-rise apartment complex. Excluding paragraphs (b) and (c) § 4.2 State law applicable Adoption of the regulations would have § 1.4 Definitions § 4.3 Authorized emergency vehicles no effect on these properties or other Excluding paragraph (b) § 4.4 Report of motor vehicle accident elements of the socioeconomic § 1.5 Closures and public use limits § 4.10 Travel on park roads and designated environment. There will be no § 1.6 Permits routes disproportionately high or adverse § 1.7 Public Notice Excluding paragraph (c)(3) § 1.8 Information Collection § 4.11 Load, weight and size limits human health or environmental effects § 1.10 Symbolic Signs on minority populations, low-income § 4.12 Traffic control devices PART 2 RESOURCE PROTECTION, PUBLIC § 4.13 Obstructing traffic populations, or Indian tribes from the USE AND RECREATION § 4.14 Open container of alcoholic beverage proposal. An alternative to adopting Excluding §§ 2.3, 2.16, 2.19, 2.60 § 4.15 Safety belts these regulations is the no-action § 2.1 Preservation of natural and cultural § 4.20 Right of way alternative. This would require the and archeological resources § 4.21 Speed limits Trust to adopt no regulations for the § 2.2 Wildlife Protection Excluding paragraphs (a)(2) and (a)(3) Memorial. This would result in the Excluding paragraphs (b), (c), and (d) § 4.22 Unsafe operation § 2.4 Weapons, traps, and nets inefficient management of the § 4.23 Operating under the influence of Excluding paragraph (a)(2) alcohol or drugs Memorial, which would hinder the § 2.5 Research specimens § 4.30 Bicycles ability of the Trust to protect the § 2.10 Camping and food storage visitors, their experience at the Excluding paragraphs (b)(1), (b)(2), (b)(3), § 4.31 Hitchhiking Memorial, and the natural and cultural (b)(4), (b)(6), (b)(8), and (d) PART 5 COMMERCIAL AND PRIVATE environment. The no-action alternative § 2.11 Picnicking OPERATIONS is in opposition to the purpose and § 2.12 Audio Disturbances Excluding §§ 5.4, 5.9, and 5.10 guidance of the Memorial’s enabling Excluding paragraph (a)(3) § 5.1 Advertisements § 5.2 Alcoholic beverages; sale of legislation. § 2.13 Fires Excluding paragraph (c) intoxicants List of Subjects in 36 CFR Part 1501 § 2.14 Sanitation and refuse Excluding paragraph (b) § 5.3 Business operations Monuments and memorials. Excluding paragraphs (a)(7) and (a)(9) § 2.15 Pets § 5.5 Commercial photography For the reasons set forth in the Excluding paragraphs (b) and (e) § 5.6 Commercial vehicles preamble, a new chapter XV is § 2.17 Aircraft and air delivery § 5.7 Construction of buildings or other established in title 36 of the Code of Excluding paragraph (a)(2) facilities Federal Regulations consisting of part § 2.18 Snowmobiles § 5.8 Discrimination in employment 1501 to read as follows: Excluding paragraphs (d) and (e) practices § 2.20 Skating, skateboards and similar § 5.13 Nuisances CHAPTER XVÐOKLAHOMA CITY devices § 5.14 Prospecting, mining, and mineral NATIONAL MEMORIAL TRUST § 2.21 Smoking leasing Excluding paragraph (b) PART 1501ÐGENERAL PROVISIONS § 2.22 Property Authority: 16 U.S.C. 450ss; Pub. L. 105–58, 111 Stat. 1261. § 1501.1 Cross reference to National Park § 2.23 Recreation fees Service regulations. Excluding paragraph (a) Dated: March 14, 2000. § 2.30 Misappropriation of property and Robert M. Johnson, As permitted by the Oklahoma City services Chairman. National Memorial Act, the Oklahoma § 2.31 Trespassing, tampering and City National Memorial Trust (the Trust) vandalism [FR Doc. 00–6797 Filed 3–15–00; 2:08 pm] adopts by cross reference the provisions § 2.32 Interfering with agency functions BILLING CODE 8710±01±U

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Part IX

Department of State Bureau of European Affairs

22 CFR Part 139 Miscellaneous: Irish Peace Process Cultural and Training Program; Interim Rule 22 CFR Part 41 Visas: Nonimmigrant Classes; Irish Peace Process Cultural and Training Program Visitors, Q Classification; Interim Rule

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DEPARTMENT OF STATE of Northern Ireland and designated formulation of policies and procedures counties of the Republic of Ireland concerning the Irish Peace Process Bureau of European Affairs suffering from sectarian violence and Cultural and Training Program high structural unemployment to enter (IPPCTP); (3) the selection and oversight 22 CFR Part 139 the United States for the purpose of of the Program Administrator (see [Public Notice 3258] developing job skills and conflict discussion below); (4) coordination with resolution abilities in a diverse, other U.S. Government agencies and Miscellaneous: Irish Peace Process cooperative, peaceful, and prosperous representatives of the governments of Cultural and Training Program environment. Those young people the Republic of Ireland and of Northern would return to their homes better able Ireland; and (5) establishment of the AGENCY: Bureau of European Affairs, to contribute toward economic requirements for and approval of United Department of State. regeneration and the Irish peace States employers who will participate in ACTION: Interim rule with request for process. Congress required that the the program. The INS is responsible for comments. program promote cross-community and authorizing employment under this cross-border initiatives to build program. INS is also responsible for: (1) SUMMARY: This rule establishes a grassroots support for long-term Monitoring the nonimmigrant status and training and employment program in peaceful coexistence. residence of all participants in the the United States for certain residents of United States; and (2) reporting to What Requirements Did Congress Northern Ireland and designated Congress on program participants who Establish for the Program? counties of the Republic of Ireland. This overstay their nonimmigrant visas, at new program is mandated by legislation The ‘‘IPPCTPA’’ provides that in each the end of the three program years and enacted in 1998. Under the program, in of three consecutive program years during the three subsequent years. (See each of three program years beginning beginning in FY 2000, up to 4000 the separate rule regarding visa issuance in FY 2000, up to 4000 persons, residents of Northern Ireland or of six to program participants published inclusive of their spouses and children, counties designated within the Republic concurrently with this rule by the who are physically resident in Northern of Ireland, inclusive of their spouses Bureau of Consular Affairs of the Ireland or the designated counties in the and children, may be provided Department of State in Part 41 of this Republic of Ireland, will be eligible to nonimmigrant visas for the purpose of title and the corresponding rule of the enter the United States for a maximum entering the United States temporarily INS published concurrently in Title 8). of three years in order to develop job (i.e., for up to thirty-six months) to skills and conflict resolution abilities in develop job skills and conflict How Will the Program Be Administered? support of the Irish peace process. resolution abilities. Each person DATES: This interim rule is effective admitted to the program must have a The Department and INS have agreed March 17, 2000. The Department invites residence abroad that he or she has no that the most efficient manner in which written comments which must be intention of abandoning and must to administer the Irish Peace Process received no later than May 16, 2000. otherwise be qualified to receive a Cultural and Training Program is to United States nonimmigrant visa. The select a ‘‘Program Administrator’’ from ADDRESSES: Submit written comments, principal alien also must be under 36 the private sector experienced in in duplicate, to the Director, Office for years of age. The six designated counties managing projects of similar scope and United Kingdom, Benelux and Ireland of the Republic of Ireland are Louth, complexity. The Program Administrator Affairs, Bureau of European Affairs, Monaghan, Cavan, Leitrim, Sligo, and will be responsible for the day-to-day Room 4513, Department of State, Donegal. The Immigration and management of the program. Washington, D.C. 20520. Naturalization Service (‘‘INS’’) is Consequently, this rule provides for the FOR FURTHER INFORMATION CONTACT: required to maintain records of the selection of such a Program Patricia Nelson, Officer for Ireland and nonimmigrant status and place of Administrator and for the delegation of Northern Ireland Affairs, Bureau of residence in the United States of all responsibilities to that Program European Affairs, Room 4513, persons admitted under the program Administrator. Logicon, Inc. has been Department of State, Washington, D.C. and report to Congress on all those who chosen as the Program Administrator. 20520, Tel. (202) 647–6585. overstay their nonimmigrant visas. Logicon may be reached by phone at SUPPLEMENTARY INFORMATION: What Are the Respective (877) 925–7484, via the Internet at What Does This Rule Do? Responsibilities of the Departments of www.WalshVisa.net, via e-mail at [email protected], or by mail at: This interim rule amends Subchapter State and Justice in Establishing and Running the Program? Walsh Visa Program, Logicon, Inc., 1831 N, Title 22 of the Code of Federal Wiehle Avenue, Suite 100, Reston, VA Regulations relating to miscellaneous Responsibility in the Department of 20190–5241. matters within the purview of the State for establishing the program Department of State by adding a new structure and maintaining its operation What Are the Principal Functions of the Part 139 that describes the Irish Peace has been delegated to the Bureau of Program Administrator? Process Cultural and Training Program. European Affairs (unless otherwise The principal functions of the specifically stated herein, further Program Administrator are: Why Is It Necessary To Establish This references to the Department or to the (a) Identifying job/training Program? Department of State will refer to this opportunities in designated economic In the ‘‘Irish Peace Process Cultural bureau). The INS will be the responsible sectors, and recommending to the and Training Program Act of 1998’’ agency representing the Attorney Department employers in the United (hereinafter ‘‘IPPCTPA’’), Public Law General. After extensive consultations States who meet the criteria of section 105–319, Congress mandated that the between the Department and INS it was 139.7 and who wish to participate in the Secretary of State and the Attorney agreed that the Department would be IPPCTP. Job/training opportunities will General establish a program to allow responsible for: (1) The design of the be located in a number of geographic young people from disadvantaged areas program mandated by IPPCTPA; (2) the areas across the United States,

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This rule names the sectors (b) Making available, through Consular Officer that they have a initially identified and agreed upon and electronic or other means, information residence abroad that they have no permits the selection of additional about job/training openings to potential intention of abandoning. sectors or the deletion of already program participants and assisting them In addition, candidates must fall identified sectors upon agreement of the in securing job placements in the United within one of the following two Department, INS, and both training and States. categories of persons. employment agencies, or of one of the (c) Certifying in writing to a United (a) The first category consists of agencies with respect to participants States consular officer in the United unemployed applicants: (1) who have from that agency’s country. States Embassy in Dublin or the United been unemployed for at least 3 months, States Consulate General in Belfast, or to or (2) who have completed or are How Will Employers Be Selected for an officer of the INS, that a principal currently participating in a program of Participation in the Program? alien has been selected to participate in T&EA or of FAS, or of another publicly Employers will be selected for the IPPCTP. This certification will be funded training and employment participation in the program according used only to assist in: (1) nonimmigrant program. Persons who have recently to the criteria established by this rule. visa issuance to and adjudication of an been made redundant in their The criteria have been adopted to application for admission made by the employment (i.e., lost their jobs) or ensure that employers will offer principal alien and accompanying received a notice of redundancy employment and training commensurate family members, or (2) adjudicating a (termination of employment) may apply with the goals of the program. To request made by the principal alien to to the program immediately without participate in the Irish Peace Process change employers under the IPPCTP having to wait 3 months after becoming Cultural and Training Program, U.S. while in the United States. unemployed. employers must: (d) Providing pre-departure and pre- (b) The second category consists of • Provide job/training opportunities employment orientation seminars to persons: (1) who are currently employed that: program participants, as appropriate, and (2) whose current employer has (1) Correspond to one of the and otherwise assisting participants in a nominated them to participate in the occupational areas identified by the smooth transition to life in the United program for additional training and/or governments of Northern Ireland and States. job experience that will benefit both the the Republic of Ireland, and that (e) Monitoring participants’ employee and the employer upon (2) Include a career path comprising compliance with Program requirements returning to their same employment. (1) work assignment rotations, and/or while in the United States, and verifying How Were These Criteria Developed? (2) training opportunities, which offer that participants are receiving the promotion potential if job performance agreed training and skills. The Department, in consultation with is satisfactory. (f) Cooperating with the Training and INS, FAS, and T&EA, developed the • Offer health insurance, which, at a Employment Authority of the Republic criteria. The Department believes that minimum, provides: of Ireland (‘‘FAS’’) and the Training and for the program to contribute to peace (1) Medical benefits of at least $50,000 Employment Agency of Northern and economic regeneration, local per accident or illness (major medical); Ireland (‘‘T&EA’’) in all aspects of the authorities and employers ought to and program, including assisting determine which individuals would (2) A deductible not to exceed $500 participants in finding jobs in their most benefit from the training offered per accident or illness. home countries upon completion of and, in turn, whose receipt of training • Pay participants at least the their U.S. training. would most contribute to the minimum wage and at the same rate as (g) Reporting to the Department and regenerative and peaceful goals of the American workers doing the same or INS on various aspects of the program IPPCTP. This rule establishes the role of similar work. and on program participants as directed. the training and employment agencies • Agree not to petition for a change of And in the program participant selection immigration status or non-immigrant (h) Developing and maintaining a process. status for any participant. • Grant permission to the Program computerized database and website to What Types of Training Will Be Offered Administrator to conduct on-site visits underpin all of the above functions. to the Participants? and take other measures necessary to What Are the Specific Criteria for the The Department, in consultation with verify that each employer’s job/training Initial Selection of the Participants? INS and the training and employment contract is being followed. This rule establishes the following agencies, determined that, to be of • Notify the Program Administrator basic criteria for program participants. maximum benefit to the economies of in the event of the termination of a All applicants must be between 18 and Northern Ireland and the six border participant from employment, or 35 years of age and be physically counties, the program must provide a departure of the participant from the resident in Northern Ireland or one of wide range of job/training opportunities Program. And, the border counties for at least three in those sectors experiencing personnel • Prepare a written record describing months prior to applying to the or skills shortages, or in which the the work experience gained, and make Program. The minimum age of 18 was governments expect rapid future growth it available to each participant. selected to prevent any conflict with the and/or new inward investment. All employment laws of any state in the parties agreed the program would begin How Is the Department of State United States. The upper age limit was with the following sectors: hospitality Amending Its Regulations? established by statute. and tourism; customer service; The Department is adding Part 139A All applicants deemed eligible must information and communications in order to establish a regulation for the also meet United States immigration/ technology; pharmaceuticals; purpose of implementing the

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Regulatory Flexibility Act of a new training program, relevant 139.1 Purpose. 139.2 Definitions. definitions for the program, rules for In accordance with the Regulatory 139.3 Responsibilities of the Department. participation in the program and Flexibility Act (5 U.S.C. section 605(b)), 139.4 Responsibilities of the Program responsibilities of various entities the Department of State has reviewed Administrator. involved in the administration of the this regulation and certifies that it will 139.5 Qualifications required for selection program. This regulation is being not have a significant economic impact as a trainee. promulgated in conjunction with on a substantial number of small 139.6 Requesting participation in the regulations by the INS and the Bureau entities. Participation in the Irish Peace IPPCTP. of Consular Affairs of the Department of Process Cultural and Training Program 139.7 Qualifications for participation as an State regarding this program. employer in the United States. is limited to 4,000 individuals annually 139.8 Target economic sectors. Section 139.1 explains the origin and for three consecutive years. The purpose of the Irish Peace Process activities of the participants in the Authority: Pub. L. 105–319, 112 Stat. 3013. Cultural and Training Program United States will take place in multiple § 139.1 Purpose. (‘‘IPPCTP’’) and the general locations and economic sectors so that responsibility within the Department of no significant economic impact should (a) The regulations set forth in this State for establishing it. occur. Part implement, in part, the ‘‘Irish Peace Section 139.2 provides definitions of Process Cultural and Training Program frequently used terms associated with Unfunded Mandates Reform Act of Act of 1998 (the ‘‘IPPCTPA’’), Public the IPPCTP. 1995 Law 105–319, 112 Stat. 3013. The Section 139.3 establishes the specific purpose of the IPPCTPA is to establish This rule will not include any Federal responsibilities of the Bureau of a program to ‘‘allow young people from mandate that may result in the European Affairs for formulating general disadvantaged areas of designated expenditure by State, local and tribal policies and procedures for the IPPCTP, counties suffering from sectarian governments, in the aggregate, of $100 including the selection of a private violence and high structural million or more, or increased sector Program Administrator to be unemployment to enter the United expenditures by the private sector of responsible for the day-to-day operation States for the purpose of developing job $100 million or more. Therefore, the of the IPPTCP. skills and conflict resolution abilities in requirements of the Unfunded Mandates Section 139.4 establishes the specific a diverse, cooperative, peaceful, and Reform Act of 1995 do not apply here. responsibilities of the Program prosperous environment, so that those Administrator. Small Business Regulatory Enforcement young people can return to their homes Section 139.5 establishes participant Fairness Act of 1996 better able to contribute toward trainee selection criteria. economic regeneration and the Irish Section 139.6 establishes the method This rule is not a major rule as peace process.’’ This part describes the by which program candidates may defined by section 804 of the Small Irish Peace Process Cultural and request acceptance into the IPPCTP. Business Regulatory Enforcement Act of Training Program (the ‘‘IPPCTP’’) Section 139.7 establishes criteria for 1996. hereby established by the Department, the selection of United States employers Executive Order 12866 the procedures for its operation and the wishing to participate in the IPPCTP. requirements for participation. Section 139.8 identifies the economic Although exempted from Executive (b) The Department, in consultation sectors in which training and Order 12866, this rule has been with the Immigration and Naturalization employment under the IPPTCP will reviewed to ensure consistency with its Service (‘‘INS’’), will implement the initially focus. This section also principles. This rule is not a ‘‘significant program specified in the IPPCTPA by provides for the deletion or addition of regulatory action’’ under the Executive working with the relevant governmental economic sectors from or to the list. Order. authorities in the Republic of Ireland Administrative Procedure Act Executive Orders 13132 and in Northern Ireland to further the goals of the IPPCTPA, by selecting a The Department is implementing this This regulation does not contain regulation as an interim rule, with a 60- Program Administrator to carry out the policies with federalism implications day-to-day operation of the IPPCTP, by day provision for post-promulgation sufficient to warrant preparation of a public comments. Publication as an approving, upon the recommendation of federalism assessment under Executive the Program Administrator, employers interim rule is based upon the ‘‘good Order 13132. cause’’ exceptions set forth at 5 U.S.C. in the United States to carry out the sections 553(b)(3)(B) and (d)(3). The Paperwork Reduction Act training and employment elements of Department determined that there was the IPPTCP and by providing general This rule involves collections of not enough time to issue a proposed oversight of the IPPCTP. information subject to the Paperwork rule with request for comments as the Reduction Act of 1995. These § 139.2 Definitions. Irish Peace Process Cultural and collections are in the process of being Training Program is scheduled under The following definitions apply to approved by the Office of Management the relevant statutory provision to begin this part: and Budget. in FY 2000 (October 1, 1999 through Accompanying family members September 30, 2000). Publication of this List of Subjects in 22 CFR Part 139 means the spouse and minor children of regulation as an interim rule will the principal alien. expedite implementation of Public Law Aliens, Passports and visas. Applicant sponsor means FAS, T&EA, 105–319 and allow eligible aliens to Accordingly, add 22 CFR part 139 to or an employer in the border counties or apply for and participate in this read as follows: in Northern Ireland who has nominated

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States Embassy in Dublin or the United to participate in this program for FAS means the Training and States Consulate General in Belfast, or to additional training or job experience Employment Authority of the Republic an officer of the INS, that a principal that will benefit both the employee and of Ireland. alien has been selected to participate in his/her employer upon returning to the IPPCTP means the Irish Peace Process the IPPCTP. This certification will be same employment. Cultural and Training Program. used only to assist in: Program Administrator means the (1) Nonimmigrant visa issuance to § 139.6 Requesting participation in the organization selected by the Department and adjudication of an application for IPPCTP. to carry out the Department’s admission made by the principal alien Requests for participation as a trainee responsibilities for the day-to-day and accompanying family members; or in the IPPCTP must be made to FAS or management of the IPPCTP. (2) Adjudicating a request made by T&EA in the case of § 139.5(d)(1); or, in Program Participant means an the principal alien to change employers the case of § 139.5(d)(2), directly to the individual selected to participate in the under the IPPCTP while in the United Program Administrator by the IPPCTP. States. prospective participant’s employer. T&EA means the Training and (d) Providing pre-departure and pre- § 139.7 Qualifications for participation as Employment Agency of Northern employment orientation seminars to an employer in the United States. Ireland. program participants, as appropriate, To participate in the Irish Peace United States employer means an and otherwise assisting participants in a Process Cultural and Training Program, employer with operations in the United smooth transition to life in the United U.S. employers must: States that has been recommended by States. (a) Provide job/training opportunities the Program Administrator and (e) Monitoring participants’ that: approved by the Department of State for compliance with Program requirements (1) Correspond to one of the participation in the IPPCTP. while in the United States, and verifying that participants are receiving the occupational areas identified by the § 139.3 Responsibilities of the Department. agreed training and skills. governments of Northern Ireland and The Department of State retains (f) Cooperating with FAS and T&EA the Republic of Ireland; and overall authority for all IPPCTP in all aspects of the program, including (2) Include a career path comprising activities, including, but not limited to: assisting participants in finding jobs in work assignment rotations, and/or (a) The design of the program their home countries upon completion training opportunities, which offer mandated by IPPCTPA; of their U.S. training. promotion potential if job performance (b) The formulation of policies and (g) Reporting to the Department and is satisfactory. procedures concerning the IPPCTP; INS on various aspects of the program (b) Offer health insurance, which, at (c) The selection and oversight of the and on program participants as directed. a minimum, provides: Program Administrator; (h) Developing and maintaining a (1) Medical benefits of at least $50,000 (d) Coordination with other U.S. computerized database and website to per accident or illness (major medical); Government agencies and underpin all of the functions in and representatives of the governments of paragraphs (a) through (g) of this (2) A deductible not to exceed $500 the Republic of Ireland and Northern section. per accident or illness. Ireland; and (c) Pay participants at least the (e) Establishment of the requirements § 139.5 Qualifications required for minimum wage and at the same rate as for and approval of the United States selection as a trainee. American workers doing the same or employers who will participate in the To be selected as a program similar work. program. participant in the IPPCTP, a person (d) Agree not to petition for a change must: of immigration status or non-immigrant § 139.4 Responsibilities of the Program (a) Be between 18 and 35 years of age; status for any participant. Administrator. and (e) Grant permission to the Program The Program Administrator will be (b) Have been physically resident in Administrator to conduct on-site visits responsible for the following: Northern Ireland or one of the border and take other measures necessary to (a) Identifying job/training counties for at least three months prior verify that each employer’s job/training opportunities in designated economic to applying to the Program; and contract is being followed. sectors, and recommending to the (c) Meet United States immigration/ (f) Notify the Program Administrator Department employers in the United visa requirements, including being in in the event of the termination of a States who meet the criteria of § 139.7 receipt of a job offer certified by the participant from employment, or and who wish to participate in the Program Administrator, and able to departure of the participant from the IPPCTP. Job/training opportunities will demonstrate satisfactorily to a Consular Program. be located in a number of geographic Officer that he/she has a residence (g) Prepare a written record describing areas across the United States, abroad that he/she has no intention of the work experience gained, and make depending on the availability of jobs, abandoning; and it available to each participant. relative cost of living, support (d)(1) Be unemployed for at least 3 infrastructure, and other relevant months, or have completed or currently § 139.8 Target economic sectors. factors. be enrolled in a training/program (a) Job/Training under the IPPCTP (b) Making available, through sponsored by T&EA or FAS, or by other will focus initially on the following electronic or other means, information such publicly funded programs, or have economic sectors: about job/training openings to potential been made redundant in their (1) Hospitality and tourism; program participants and assisting them employment (i.e., lost his/her job) or (2) Customer service;

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(3) Information and communications FOR FURTHER INFORMATION CONTACT: H. participate. Further, in order that the technology; Edward Odom, Chief, Legislation and IPPCTP not conflict with the labor laws (4) Pharmaceuticals; Regulations Division, Visa Office, Room of any state, the Department of State and (5) Engineering; L603–C, SA–1, Department of State, INS have determined the minimum age (6) Sales, marketing and promotion; Washington, D.C. 20520–0106, (202) for participation in the program to be (7) Agriculture/horticulture 663–1204; or e-mail: [email protected]. 18. Second, participants must have been diversification; SUPPLEMENTARY INFORMATION: physically resident in the designated (8) Food processing; areas for at least three months (9) Furniture. Background immediately preceding application to (b) Additional sectors may be added the program. Finally, the entire program to or deleted from the list in paragraph What does the Irish Peace Process is short term in nature in that (a) of this section upon the agreement of Cultural and Training Program Act Do? participants may be initially admitted the Department and FAS and/or T&EA. The Irish Peace Process Cultural and into the United States only through FY Dated: March 1, 2000. Training Program Act of 1998 2002. Marc Grossman, (‘‘IPPCTPA’’), Public Law 105–319, In addition, there are other less Assistant Secretary for European Affairs, amended the Immigration and apparent, but significant differences, Department of State. Nationality Act (‘‘INA’’) by creating a some of which have been established by [FR Doc. 00–6832 Filed 3–16–00; 8:45 am] new nonimmigrant visa sub-category. the Department of State and INS for the Under the Act, section 101(a)(15)(Q) of BILLING CODE 4710±23±P purpose of the efficient administration the INA was amended by inserting ‘‘(i)’’ of the IPPCTP. First, the IPPCTPA after the (Q) and adding the language of contains no provision for a petition to DEPARTMENT OF STATE the Act as subpart (ii) in that section. INS. Therefore, none will be required. Under this new provision, aliens 35 Second, much of the visa application 22 CFR Part 41 years or younger having a residence in and employment placement process will Northern Ireland or in the counties of [Public Notice 3259] be coordinated through a program Louth, Monaghan, Cavan, Leitrim, Sligo, administrator selected by the Visas: Nonimmigrant Classes; Irish or Donegal within the Republic of Department of State in consultation Peace Process Cultural and Training Ireland may be issued a visa in order to with the INS. Third, the program Program Visitors, Q Classification apply for entry into the United States for administrator will be required to work a period not to exceed 36 months. The with the Training and Employment AGENCY: Bureau of Consular Affairs, purpose of this new nonimmigrant sub- Authority of the Republic of Ireland Department of State. category is to provide such aliens with (FAS) and the Training and ACTION: Interim rule with request for practical training, employment, and the Employment Agency of Northern comments. experience of coexistence and conflict Ireland (T&EA) to identify and train resolution in a diverse society so that SUMMARY: This rule establishes candidates for the program. they may return to Ireland or Northern procedures and requirements for the Ireland to bolster that region’s economy Why Are the Participation of a Program issuance of visas in a new and support the peace process. Administrator and the Training and nonimmigrant visa category, ‘‘Q–2’’. The The program envisioned in the Employment Agencies Necessary? rule also makes certain changes to legislation contains numerical and time The use of the program administrator existing provisions of the Code of limitations. The Immigration and is designed to make the program Federal Regulations to conform to Naturalization Service may only admit cohesive and efficient and to permit it relevant ‘‘plain language’’ requirements. 4,000 aliens per year under this to be carried out with a minimum of Visas in the new category will be issued program, for a maximum of 36 months bureaucratic delay. The program pursuant to a program, the Irish Peace each, and only during fiscal years 2000, administrator will also have the Process Cultural and Training Program 2001 and 2002, as the Act provides that capacity to work directly with U.S. (IPPCTP), established by Congress to it is repealed on October 1, 2005. The employers to identify suitable jobs for permit young people from designated numerical limitation includes a the program and to fill those jobs with areas of Ireland and Northern Ireland to principal alien’s spouse and minor eligible program candidates. In this temporarily enter the United States in children who may be accompanying or regard, the program administrator will order to develop their job skills and following to join the principal alien. As have the responsibility not only to work conflict resolution abilities so they will required in the IPPCTPA, for every alien with FAS and T&EA to identify eligible be better able to contribute to the Irish admitted under the IPPCTP, the candidates for participation in the peace process and the economic numerical limit for the H–2B category, program, but will also be responsible for regeneration of their homelands. The described at INA section 214(g)(1)(B), identifying employers in the United rule will result in the issuance of up to shall be reduced by one for that fiscal States who can offer employment and 4,000 visas in each of three program year. training consistent with the goals of the years to qualified applicants and their program and for placing the candidates dependents, beginning in FY 2000. How Does the New Q Visa Program with those employers. The program DATES: This interim rule is effective Differ From the Existing Q Visa administrator will also have the March 17, 2000. Written comments Program? responsibility to monitor and assist must be received no later than May 16, Although part of the Q visa category, program participants throughout their 2000. the new Q visa sub-category, designated stay in the United States. The ADDRESSES: Written comments may be Q–2 by the Department of State and INS, involvement of the training and submitted, in duplicate, to H. Edward has important differences from the employment agencies of Ireland and Odom, Chief, Legislation and existing Q visa (which will now be Northern Ireland will insure that the Regulations Division, Visa Office, Room referred to as the Q–1 visa). There are program meets the needs of those L603–C, SA–1, Department of State, several obvious differences. First, only countries and thus, best fulfills Washington, DC 20520–0106. aliens aged 35 or younger may Congressional intent.

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Who Will Be the Program Obtaining a Q–2 or Q–3 Visa Where May Q–2 and Q–3 Visas Be Administrator? Obtained? Must All IPPCTP Participants Obtain a The Department of State, after Q–2 Visa? Generally, according to 22 CFR consultation with INS, has selected 41.101(a), a nonimmigrant visa Logicon, Inc. to be the program Every IPPCTP participant must obtain applicant may apply for a visa at either: administrator through September 30, a Q–2 visa and his or her spouse and (1) the consular office with jurisdiction 2000. Logicon’s Irish Peace Process children must obtain Q–3 visas. over the alien’s place of residence (22 Training and Cultural Program project Program participants will not be CFR 41.101(a)(1)); or (2) the consular office may be reached toll free at 1–877– allowed to enter the United States under office with jurisdiction over the area of (WALSHVISA) 925–7484. Logicon’s the Visa Waiver Pilot Program in order the alien’s physical presence (at the mailing address is 1831 Wiehle Avenue, to participate in the IPPCTP. Except as consular officer’s or the Department’s Suite 100, Reston, Virginia 20190–5241. otherwise provided in this rule, the discretion) (22 CFR 41.101(a)(1)(ii)). In Logicon has established a web site for procedures for application for a the case of the Q–2 and Q–3 visa, since according to the IPPCTPA principal this program. Its internet address is: nonimmigrant visa found in Subpart J of www.walshvisa.net. is its internet applicants must be resident in either Part 41 of 22 CFR are applicable to Northern Ireland or one of the six address. Employers wishing to applications for the Q–2 and Q–3 visas. participate in the IPPCTP should designated counties of the Republic of contact the project office. What Are the Requirements To Obtain Ireland, an alien residing in Northern a Q–2 Visa? Ireland or one of the six counties of the Program Requirements and Offerings Republic of Ireland may apply at the Who May Qualify as a Candidate for the Generally, as part of the process to American Consulate General at Belfast IPPCTP? gain the new Q–2 visa, after selection by or the American Embassy at Dublin FAS or T&EA or nomination by his or respectively. Consular officers at the Candidates for the IPPCTP will be her current employer, an alien must be Consulate General and at the Embassy selected from two categories. The first able to show to the consular officer’s also will retain the discretion to accept includes those who have been satisfaction that he or she meets the an application for a Q–2 visa from an unemployed for at least three months, or statutory age and residence applicant who is physically present in who have completed or are currently requirements for this category, has no their consular district, but who is a participating in a T&EA- or FAS- intention of abandoning his or her resident of the Q–2 geographic area over sponsored training program, or other foreign residence, is qualified for the which the other post has jurisdiction. publicly funded employment/training position in question, will be employed However, consular officers at other consular posts will not have the program, or who have been made while in the United States and is not redundant (lost their job through a discretion to accept applications from otherwise ineligible for a nonimmigrant reduction in force) or have received a an applicant for a Q–2 or Q–3 visa who visa. The alien must provide the notice of redundancy. The second is a resident of a Q–2 geographic area, information concerning selection for the category includes those persons already but who is physically present in their employed and whose current employer program, position qualifications and respective consular district. has nominated them to participate in employment to the consular officer in Amendatory language has been added to the program for additional training/job the form of a certification letter 22 CFR 41.101 to reflect this. provided and approved by the program experience that will benefit both the Interim Rule employer and the employee upon that administrator. While this certification person’s return to employment in letter will be considered prima facie How Is the Department of State Northern Ireland or the Republic of evidence that the alien has met the Amending Its Regulations? Ireland. FAS and T&EA will be requirements for participation in the This rule amends 22 CFR 41.57 by responsible for the initial selection of IPPCTP, before issuing a visa the making the existing section paragraph candidates from the first category. consular officer still will have the (a) and by adding a new paragraph (b). Employers of employees in the second responsibility to evaluate all aspects of This change is necessary to make that category may nominate the employee the alien’s application and the section conform to the requirements of directly to the program administrator. information gained at the visa interview. the IPPCTPA. There are also stylistic What Types of Employment and What Will Be the Period of Validity of changes made to 22 CFR 41.57 that are intended solely to make it conform to Training Will the IPPCTP Offer? the Q–2 and Q–3 Visas? the President’s plain writing initiative. The program will focus on In most cases, the visas for the The new paragraph (b) contains the employment and training in principal alien and for the spouse and visa processing aspects of the IPPCTPA. occupations that will be the most children will be issued for 36 months, It establishes the requirements in order beneficial to the economies of the the maximum possible period of work for a consular officer to issue a relevant areas, as determined by the and training permitted under the nonimmigrant visa under INA Department of State in consultation § 101(a)(15)(Q)(ii). These changes, IPPCTPA. If, however, the job to which with T&EA, FAS, and the program published in conjunction with the the alien has been contracted and the administrator. Initially, the following publication of a similar rule by the planned period of training is of a sectors have been identified: hospitality Immigration and Naturalization Service, and tourism; customer service; duration less than 36 months, for establish the procedures for an alien to information and communications example, or if the consular officer, at his obtain a visa and enter the United States technology; pharmaceuticals; or her discretion, determines that the in order to participate in the IPPCTP. engineering; sales, marketing and visa should be issued for a shorter Paragraph (1) of the new subsection promotion; agriculture/horticulture period of time, then the consular officer (b) states the requirements of the Q–2 diversification; food processing, and may issue the visa for the period most visa classification, with the main focus furniture. suitable to that particular applicant. being the certification letter received

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NONIMMIGRANTS

Symbol Class Section of law

******* Q±2 ...... Irish Peace Process Program Participant ...... 101(a)(15)(Q)(ii) Q±3 ...... Spouse or child of Q±2 ...... 101(a)(15)(Q)(ii) *******

3. Revise § 41.57 to read as follows: 101(a)(15)(Q)(i). A consular officer may of a petition or the extension by INS of classify an alien under the provisions of the period of authorized stay in such § 41.57 International cultural exchange visitors and visitors under the Irish Peace INA 101(a)(15)(Q)(i) if: classification. Process Cultural and Training Program Act (i) The consular officer is satisfied (2) Approval of petition. INS approval (IPPCTPA). that the alien qualifies under the of a petition does not establish that the (a) International cultural exchange provisions of that section, and alien is eligible to receive a visitors. (1) Requirements for (ii) The consular officer has received nonimmigrant visa. classification under INA section official evidence of the approval by INS

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(3) Validity of visa. The period of time immediately prior to the (3) Aliens not entitled to such validity of a visa issued on the basis of application that the alien has claimed classification. The consular officer must this paragraph (a) must not exceed the such place as his or her residence; suspend action on the alien’s period indicated in the petition, (E) The alien’s date and place of birth; application and notify the alien and the notification, or confirmation required in (iii) If applicable, the consular officer designated program administrator paragraph (a)(2) of this section. is satisfied the alien is the spouse or described in paragraph (b)(1)(ii) of this (4) Alien not entitled to Q child of an alien classified under INA section if the consular officer knows or classification. The consular officer must section 101(a)(15)(Q)(ii), and is has reason to believe that an alien does suspend action on the alien’s accompanying or following to join the not qualify under INA section application and submit a report to the principal alien. 101(a)(15)(Q)(ii). approving INS office if the consular (2) Requirements for certification 4. Amend § 41.101 by adding new officer knows or has reason to believe letter. Before the program administrator paragraph (f) to read as follows: that an alien does not qualify under INA (or its agent) may properly issue the section 101(a)(15)(Q)(i). certification letter required under § 41.101 Place of application. (b) Trainees under INA section paragraph (a)(1)(ii) of this section, the * * * * * 101(a)(15)(Q)(ii). (1) Requirements for program administrator (or agent) must classification under INA section (f) Q–2 nonimmigrant visas. The establish: American Consulate General at Belfast 101(a)(15)(Q)(ii). A consular officer may (i) Either that the alien: classify an alien under the provisions of is designated to accept applications for (A) Has been unable to maintain the Q–2 visa from residents of the INA section 101(a)(15)(Q)(ii) if: regular employment for the three (i) The consular officer is satisfied geographic area of Northern Ireland. The months prior to the date of application that the alien qualifies under the American Embassy at Dublin is for participation in the program; or provisions of that section; designated to accept applications for Q– (ii) The consular officer has received (B) Has completed or is currently 2 visas from residents of the geographic a certification letter prepared by a participating in a T&EA or FAS or other area of the counties of Louth, program administrator charged by the publicly funded training/employment Monaghan, Cavan, Leitrim, Sligo, and Department of State in consultation program; or Donegal in the Republic of Ireland. with the Department of Justice with the (C) Has received a redundancy notice Notwithstanding any other provision of operation of the Irish Peace Process (notice of loss of employment by this section, an applicant for a Q–2 visa Cultural and Training Program which reduction in force); or may not apply at any other consular states at a minimum: (D) If the alien is regularly employed, post. Consular officers at the Consulate (A) The name of the alien’s employer the alien’s employer has nominated the General at Belfast and at the Embassy at in the United States; alien to leave such employer Dublin have discretion to accept (B) That the employment is in an temporarily in order to participate in the applications for Q–2 visas from aliens occupation designated by the program; who are resident in a qualifying employment and training (ii) That the position selected for the geographic area outside of their administration of the alien’s place of alien by the program administrator respective consular districts, but who residence as being most beneficial to the reasonably fits within the alien’s are physically present in their consular local economy; background and experience; and district. (C) That the program administrator (iii) That the alien understands both has registered the alien in the program; the requirements for maintenance of Dated: March 2, 2000. (D) That the alien has been physically lawful nonimmigrant status in the Mary A. Ryan, resident in Northern Ireland or in the United States and that to qualify for visa Assistant Secretary for Consular Affairs, U.S. counties of Louth, Monaghan, Cavan, issuance the alien must have a residence Department of State. Leitrim, Sligo, and Donegal in the abroad that the alien has no intention of [FR Doc. 00–6833 Filed 3–16–00; 8:45 am] Republic of Ireland and the length of abandoning. BILLING CODE 4710±06±P

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Part X

Department of Justice Immigration and Naturalization Service

8 CFR Part 212 et al. Irish Peace Process Cultural and Training Program; Interim Rule

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DEPARTMENT OF JUSTICE How did this change in the Q What Are the Eligibility Criteria for classification originate? Participation? Immigration and Naturalization Service Legislation to create the Irish Peace The legislation provides that any resident of Northern Ireland or the 8 CFR Parts 212, 214, 248 and 274a Process Cultural and Training Program Act of 1998 (IPPCTPA) was introduced counties of Louth, Monaghan, Cavan, [INS No. 2000±99] in July 1998 by Congressman James Leitrim, Sligo, and Donegal within the RIN 1115±AF51 Walsh of New York. The IPPCTPA Republic of Ireland, who is 35 years of supports the peace process by offering age or younger, is eligible to apply. Irish Peace Process Cultural and young people from Northern Ireland and Following several working meetings Training Program the border counties of the Republic of between officials of the U.S. Department of State (DOS), the U.S. Immigration and Ireland who have been subjected to AGENCY: Immigration and Naturalization Naturalization Service (Service), the decades of sectarian conflict the Service, Justice. Training and Employment Agency of opportunity to come to the United ACTION: Interim rule with request for Northern Ireland (T&EA), and the States temporarily to gain valuable work comments. Training and Employment Authority of skills and to experience a multi-cultural Ireland (FAS), eligibility requirements environment. This program is designed SUMMARY: The Irish Peace Process were further defined to meet the needs to provide these young people from Cultural and Training Program allows of Northern Ireland and the Republic of different communities with the visitors from Northern Ireland and Ireland. For participation in this necessary economic and cultural certain designated counties in the program, the candidate must be training to start the process of Republic of Ireland to come to the physically resident in either Northern rebuilding a working, civil society in United States temporarily for training, Ireland or in the designated border their home countries. On October 30, for employment, and to experience counties of the Republic of Ireland for 1998, President Clinton signed into law coexistence and conflict resolution in a at least 3 months immediately preceding the Irish Peace Process Cultural and diverse society. This rule amends the application to the program and be Training Program Act of 1998, Pub. L. regulations of the Immigration and between the ages of 18 and 35 at the 105–319. Naturalization Service (Service) by time of initial admission to the United establishing procedures for What Are the Provisions of the States under the program. In addition, implementing the Irish Peace Process IPPCTPA? candidates must fall within one of the Cultural and Training Program. This following two categories of persons: program is designed to provide a This legislation requires that the (1) The first category consists of peaceful and cooperative environment Secretary of State and the Attorney unemployed applicants: (a) who have in which these temporary visitors from General establish a program that been unemployed for at least 3 months, various backgrounds can develop the permits, for each of 3 consecutive years, or (b) who have completed or are necessary job skills to aid in the the annual entry of not more than 4,000 currently participating in a program of economic regeneration of their region. visitors from Northern Ireland and the T&A or of FAS or another publicly EFFECTIVE DATE: This interim rule is certain designated counties in the funded training and employment effective March 17, 2000. Republic of Ireland to participate in program. In addition, persons who have Comment Date: Written comments training, work, and conflict resolution recently been made redundant in their must be received on or before May 16, activities. The participants are to be employment (i.e., lost their job) or have 2000. under 36 years of age and reside in received a notice of redundancy ADDRESSES: Please submit written designated areas which have suffered (termination of employment) may apply comments, in triplicate, to the Director, from sectarian violence and high to the program immediately without Policy Directives and Instructions unemployment. This program is having to wait 3 months after becoming Branch, Immigration and Naturalization designed to help these visitors develop unemployed. Service, 425 I Street, NW, Room 5307, job skills and conflict resolution (2) The second category in this Washington, DC 20536. To ensure abilities in a diverse society so that program consists of persons who (a) are proper handling, please reference INS when they return home they can help currently employed and (b) whose No. 2000–99 on your correspondence. contribute to the economic rejuvenation current employer has nominated them Comments are available for public of their region and promote the peace to participate in the program for inspection by calling (202) 514–3048 to process. This program has three additional training and/or job arrange for an appointment. consecutive program years: Fiscal Years experience that will benefit both the FOR FURTHER INFORMATION CONTACT: (FYs) 2000 (October 1, 1999, through employee and the employer upon that Donna N. Crump, Adjudications Officer, September 30, 2000), 2001 (October 1, person’s return to his or her prior Business and Trade Services Branch, 2000, through September 30, 2001) and employment. Adjudications Division, Immigration 2002 (October 1, 2001, through The T&EA and FAS are responsible and Naturalization Service, 425 I Street, September 30, 2002). The participating for identifying candidates to the NW, Room 3214, Washington, DC individuals may remain in the United program from the first category. The 20536, telephone (202) 616–7445. States for up to 36 months, and spouses employers of individuals in the second and minor children of the principal category may nominate employees SUPPLEMENTARY INFORMATION: alien may accompany or follow-to-join directly to the DOS’ Program Background the principal alien program participant. Administrator. The IPPCTPA requires the Service to What is Q–2 classification? reduce by one the number of H–2B Why does this program have age The Q–2 classification is established nonimmigrants admitted for every limitations? to identify principal participants in the individual admitted under this program. The maximum age of 35 is stipulated Irish Peach Process Cultural and On October 1, 2005, the provisions of in the IPPCTPA. The minimum age of Training Program. this Public Law are repealed. 18 is needed so that there is no conflict

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DOS, with one or both of the training physically resident in either Northern and employment agencies. Ireland or Ireland for at least 3 months Nomination by the T&EA or FAS or immediately preceding application to recommendation by an employer for May the principal alien of this program the program. program participation is the first stage of bring family members? the selection process. A U.S. employer, Are family members able to work and go approved by the DOS, must also be The principal alien may bring his/her to school? spouse and minor children to the willing to offer employment or training Family members entering the United United States. These family members to such individuals. All candidates must States with a Q–3 visa under this may either travel with the principal then meet U.S. visa and immigration program are not allowed to work. The requirements. If no U.S. employer is alien to the United States or join him/ spouse and minor children of the interested in hiring a particular her at a later date. They will be counted principal alien may attend school candidate or if any particular candidate in the total annual number admitted to without violating their Q–3 status. is ineligible for either a U.S. visa or the United States under this program. Those spouses who are also principal admission into the United States, then The visa designation for eligible family participants and have been issued a Q– that individual is ineligible for members will be Q–3. All family 2 visa are eligible to work. participation in this program. members must depart the United States Will any documentation for employment Is there any petition requirement? at the end of the principal alien’s program. However, those spouses or authorization be issued? There is no petition requirement for minor children who do not wish to All principal aliens will have their visitors under the Irish Peace Process accompany or follow-to-join the Forms I–94, Arrival-Departure Record, Cultural and Training Program principal alien, but desire only to briefly endorsed by an Immigration Inspector at (IPPCTP). However, each candidate will visit the principal alien in the United the time of inspection. This be required to have a written States, might wish to avail themselves of endorsement will authorize their certification from the DOS’ Program the visitors’ visa waiver pilot program or employment with a specific employer Administrator indicating that he or she obtain a visitor’s visa (B–2). based on the certification from the DOS’ has been selected for participation in Program Administrator. They will not the IPPCTP prior to applying for a Q– Are program participants eligible for the be issued a separate employment 2 visa. visitor’s visa waiver pilot program? authorization document (Form I–766). How does a U.S. employer hire one of No, since the length of stay of these Will the principal aliens have to pay these indivduals? participants will be longer than 90 days, taxes and contribute to Social Security? A U.S. employer interested in and thus exceeds the maximum length The principal aliens are responsible employing and/or providing training to of stay available under the visa waiver for paying all applicable Federal, State, these candidates must be approved by pilot program. In addition, those and local income taxes, employment the DOS in accordance with its individuals admitted under the visa and related taxes, as well as Social regulations before a visa will be issued. waiver pilot program are not authorized Security contributions on any salaries Interested employers may contact the to work. All principal aliens and any received. DOS’ Program Administrator for details eligible family members in this program of the approval process. The Department must have passports valid for the length How will training and conflict resolution of State has designated Logicon, Inc. of of their U.S. stay and be issued either a activities be administered? Northern Virginia as the Program Q–2 visa or a Q–3 visa prior to entering Training or conflict resolution Administrator for this program through the United States. Applications for these activities offered to the principal aliens September 30, 2000. Logicon may be visas may be made at either the U.S. will be coordinated by the DOS’ reached at 1–877–925–7484 or via e- Consulate in Belfast or at the U.S. Program Administrator. mail at [email protected]. Embassy in Dublin. These are the two Logicon’s mailing address is Walsh Visa What organizations are cooperating on posts that will be authorized to issue this program? Program, Logicon, 1831 Weihle Avenue, visas for this program. Suite 100, Reston, Virginia 20190–5241. The DOS and the Service are working Logicon has established an Internet web What happens when those qualifying for together with the T&EA and with FAS site for this program: participate in the program exceed the to make all potential participants aware www.walshvisa.net. 4,000 annual admission limitation? of this program. These agencies have also encouraged nongovernmental Are there any restrictions on the type of The DOS will be tracking the organization to become involved. employment permitted? processing of Q–2 and Q–3 visas to Employment must be in a field of ensure that no more than 4,000 visas are Since the number of visas issued under endeavor that has been identified by issued in each of the three program this program reduces the number of H– governmental agencies in Northern years. Should there be more candidates 2B visas available, what impact does the Ireland and Ireland as one that will be than visas available, those candidates Service expect this program to have on useful to the economy of the region. The without visas will have to wait until the the H–2B program? designated sectors currently include next program year to participation in the The Service does not expect the Q–2 hospitality and tourism, customer IPPCTP. program to adversely affect the H–2B

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Based on the past demand for immigration consequences, including individual participating in a Q–1 the H–2B classification, the Service penalties described in section 212(a)(9) program will now be referred to as an expects sufficient visa numbers to be of the Immigration and Nationality Act ‘‘international cultural exchange available for participants in both the H– (Act). visitor.’’ The Service has removed any 2B program and the Q–2 program for the references to ‘‘cultural visitor’’ under duration of the Q–2 program. What are the Service’s reporting the Q–1 program, as the term ‘‘cultural requirements for overstays under the Q– visitor’’ now refers to participants in Why does the Service not process these 2 program? both the Q–1 and Q–2 programs. participants under the H–2B program? The legislation requires the Service to The Service is also revising the Q Congress specified that the IPPCTP compile and submit to Congress a report classification to add a paragraph should have a separate nonimmigrant on the number of aliens admitted under addressing the new Q–2/Q–3 visa classification. In addition, some section 101(a)(15)(Q)(ii) of the Act who nonimmigrant classifications at training and employment that is have overstayed their visas. Such § 214.2(q). Paragraphs have been added permissible under this program may not reports will be submitted to Congress at at 8 CFR parts 212, 248 and 274a qualify under the H–2B program. the end of the third program year and concerning this new nonimmigrant How will the Service track program for each of the succeeding 3 years. classification. Since no substantive changes have participants or overstays? In providing these congressional reports, the Service will require the been made in the program to be Service regulations at 8 CFR 25.1 participants and their families to adhere redesignated as Q–1, written comments require the participants to inform the to the 3-year stay limitations as set forth submitted to the Service regarding this Service of any address changes. This in the legislation. Their valid program interim rule should be confined to the will be accomplished by requiring each time period will expire 3 years after the implementing rules of the Q–2/Q–3 visa participant to forward Form AR–11, date of their initial admission, including classifications. Alien’s Change of Address Card, to the any time spent outside the United States The Service and the DOS are Service through the DOS Program during the 3-year period of authorized publishing simultaneously their Administrator. The arrival and stay. Additionally, any participant who respective rules on the Q–2 program. departure of all visitors to and from the remains outside the United States The two agencies have consulted with United States in this program will be beyond three consecutive months will each other during the rulemaking tracked through the use of Form I–94, not be considered in valid program process. (See the DOS’ rules published Arrival-Departure Record. The Service status. Such an individual will have to elsewhere in this issue of the Federal will identify overstays through this reapply to the program, should he/she Register.) tracking system. In addition, the DOS’ wish to resume a Q–2 program activity, Good Cause Exception Program Administrator will monitor the and will not be readmitted on the initial program activities of each individual The Service’s implementation of this Q–2 visa. regulation as an interim rule, with a participant and will be required to In order to provide accurate reporting, inform the Service of any Q–2 or Q–3 provision for post-promulgation public the Service will confirm its overstay comments, is based upon the ‘‘good visa holder who is no longer data with the DOS’ Program participating in this program and those cause’’ exceptions found at 5 U.S.C. Administrator. The Service will also 553(b)(B) and (d)(3). The reason and who have completed the program but maintain contact throughout the not yet departed. necessity for issuing this regulation as program with the U.S. Consulate in an interim rule are as follows: (1) In What will happen if a Q–2 or Q–3 visa Belfast and the Consular section at the order to provide for the addition of the holder remains in the United States U.S. Embassy in Dublin, as well as with new Q–2 classification, the original Q beyond his/her authorized period of the T&EA and FAS to verify overstays. classification was renumbered and stay? Explanation of changes stylistic changes were made. The The intent of Public Law 105–319 is technical change correcting the citation How is the Service amending its for the participants to return home to to the appropriate deportation charge regulations to implement Public Law contribute to the economic regeneration was necessitated by the recodification of 105–319? of their region and to promote the peace that charge by the IIRIRA. None of these process. This rule revises the original Q changes were substantive in nature. (2) Several factors will provide a strong nonimmigrant classification by There is not enough time to issue a incentive for the participants in this renumbering its paragraphs in § 214.2(q) proposed rule with request for program to return home. First, the DOS’ and by changing the reference of ‘‘Q’’ to comments because the initial group of Program Administrator will, with the ‘‘Q–1’’ and its reference to the Act. IPPCTP participants is scheduled to training and employment agencies in However, this redesignation in no way arrive in the United States at the end of the cooperating counties, assist each alters the regulations or established March 2000. Publication of this participant to identify specific job procedures for participating in such a regulation as an interim rule will opportunities in his/her home area program. One technical change to these expedite implementation of Public Law during the course of the participant’s regulations was also made as a result of 105–319 and allow eligible aliens to stay in the United States. Every effort enactment of the Illegal Immigration apply for and participate in this will be made to ensure a job placement Reform and Immigrant Responsibility program as soon as possible in light of before the end of each participant’s U.S. Act of 1996 (IIRIRA), Public Law 104– the statutory expiration of the program program. Second, any participant who is 208, 110 Stat. 3546, which recodified on October 1, 2005. Any delay in the no longer in valid nonimmigrant status the deportation charge applicable to an publication of this interim rule will and remains in the United States or who alien who engages in unlawful result in a significant delay in the start

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Therefore, in § 212.1 Documentary requirements for a severely negative impact on the accordance with section 6 of Executive nonimmigrants. success of the program given that Order 13132, it is determined that this * * * * * unused numbers in one program year rule does not have sufficient federalism (n) Alien in Q–2 classification. cannot be carried over to the next. implications to warrant the preparation Notwithstanding any of the provisions of a federalism summary impact of this part, an alien seeking admission Regulatory Flexibility Act statement. as a principal according to section The Commissioner of the Immigration 101(a)(15)(Q)(ii) of the Act must be in Executive Order 12988 Civil Justice and Naturalization Service, in possession of a Certification Letter Reform accordance with the Regulatory issued by the Department of State’s Flexibility Act (5 U.S.C. 605(b), has This interim rule meets the applicable Program Administrator documenting reviewed this regulation and, by standards set forth in sections 3(a) and participation in the Irish peace process approving it, certifies that this rule will 3(b)(2) of Executive Order 12988. cultural and training programs. not have a significant economic impact on a substantial number of small Paperwork Reduction Act PART 214ÐNONIMMIGRANT CLASSES entities. Participation in the IPPCTP is This rule does not impose any new 3. The authority citation for part 214 limited to 4,000 individuals annually reporting or recordkeeping continues to read as follows: for three consecutive program years. requirements. The information This rule does not affect small entities collection requirements (Forms I–94 and Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282; 8 CFR part 2. as that term is defined in 5 U.S.C. AR–11) contained in this rule were 601(6). previously approved for use by the 4. Section 214.1 is amended by: Office of Management and Budget a. Removing the word ‘‘and’’ at the Unfunded Mandates Reform Act of end of paragraph (a)(1)(v); 1995 (OMB) under the Paperwork Reduction Act. The OMB control number for this b. Removing the period at the end of This rule will not result in the collection is contained in 8 CFR 299.5, paragraph (a)(1)(vi) and adding in its expenditure by State, local, and tribal Display of control numbers. place a ‘‘; and’’; governments, in the aggregate, or by the c. Adding a new paragraph (a)(1)(vii); private sector, of $100 million or more List of Subjects d. Amending the table in paragraph (a)(2) by removing the entry for in any 1 year, and it will not 8 CFR Part 212 significantly or uniquely effect small ‘‘101(a)(15)(Q)’’ and by adding the governments. Therefore, no actions were Administrative practice and entries for ‘‘101(a)(15)(Q)(i)’’, deemed necessary under the provisions procedure, aliens, Immigration, ‘‘101(a)(15)(Q)(ii)’’, and of the Unfunded Mandates Reform Act Passports and visas, reporting and ‘‘101(a)(15)(Q)(iii)’’ in proper numerical of 1995. recordkeeping. sequence; e. Revising the heading of paragraph Small Business Regulatory Enforcement 8 CFR Part 214 (b); Fairness Act of 1996 Administrative practice and f. Adding a new paragraph (b)(4); This rule is not a major rule as procedure, Aliens, Employment, g. Revising the first sentence in defined by section 804 of the Small Foreign officials, Health professions, paragraph (c)(1); Business Regulatory Enforcement Act of Reporting and recordkeeping h. Removing the word ‘‘or’’ at the end 1996. This rule will not result in an requirements, Students. of paragraph (c)(3)(v); annual effect on the economy of $100 i. Removing the period at the end of million or more; a major increase in 8 CFR Part 248 paragraph (c)(3)(vi) and adding in its costs or prices; or significant adverse Aliens, Reporting and recordkeeping place a ‘‘; or’’; and by effects on competition, employment, requirements. j. Adding a new paragraph (c)(3)(vii), investment, productivity, innovation, or to read as follows: on the ability of United States-based 8 CFR Part 274a companies to compete with foreign- § 214.1 Requirements for admission, Administrative practice and extension, and maintenance of status. based companies in domestic and procedure, Aliens, employment, export markets. (a) * * * Penalties Reporting and recordkeeping (1) * * * Executive Order 12866 requirements. (vii) Section 101(a)(15)(Q)(ii) is This rule is not considered by the Accordingly, chapter I of title 8 of the divided to create a (Q)(iii) for Department of Justice, Immigration and Code of Federal Regulations is amended subclassification for the spouse and Naturalization Service, to be a as follows: children of a nonimmigrant classified ‘‘significant regulatory action’’ under under section 101(a)(15)(Q)(ii) of the Executive Order (E.O.) 12866, section PART 212ÐDOCUMENTARY Act. 3(f), Regulatory Planning and Review, REQUIREMENTS: NONIMMIGRANTS; (2) * * * and the Office of Management and WAIVERS; ADMISSION OF CERTAIN Budget has therefore waived its review INADMISSIBLE ALIENS; PAROLE Section Designation process under section 6(a)(3)(A). 1. The authority citation for part 212 Executive Order 13132 continues to read as follows: ***** 101(a)(15)(Q)(i) ...... Q±1. Authority: 8 U.S.C. 1101, 1102, 1103, 1182, This regulation will not have 101(a)(15)(Q)(ii) ...... Q±2. 1184, 1187, 1225, 1226, 1227, 1228, 1252; 8 substantial direct effects on the States, 101(a)(15)(Q)(iii) ...... Q±3. on the relationship between the CFR part 2. National Government and the States, or 2. Section 212.1 is amended by ***** on the distribution of power and adding a new paragraph (n) to read as responsibilities among the various follows: * * * * *

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(b) Readmission of nonimmigrants an international cultural exchange Employment Agency of Northern under section 101(a)(15) (F), (J), (M), or visitors program (Q–1). Ireland (T&EA) or by the Training and (Q)(ii) to complete unexpired periods of (ii) Irish peace process cultural and Employment Authority of Ireland (FAS), previous admission or extension of training program. Paragraph (q)(15) of or by other such publicly funded stay—* * * this section provides the rules governing programs, or have been made redundant * * * * * nonimmigrant aliens who are visiting from employment (i.e., lost their job), or (4) Section 101(a)(15)(Q)(ii). The the United States temporarily under the have received a notice of redundancy inspecting immigration officer shall Irish peace process cultural and training (termination of employment); or readmit for the unexpired period of stay program (Q–2) and their dependents (Q– (2) Be a currently employed person authorized prior to the alien’s departure, 3). whose employer has nominated him/her if the alien: * * * * * to participate in this program for (i) Is admissible; (2) Admission of international additional training or job experience (ii) Is applying for readmission after cultural exchange visitor—*** that is to benefit both the participant an absence from the United States not (5) Filing of petitions for international and his/her employer upon returning exceeding 30 days solely in contiguous cultural exchange visitor program— home. territory or adjacent islands; *** (D) The principal alien must intend to (iii) Is in possession of a valid (6) Substitution or replacements of come to the United States temporarily, passport; participants in an international cultural for a period not to exceed 36 months, in (iv) Presents, or is the accompanying exchange visitor program—*** order to obtain training, employment, spouse or child of an alien who (7) Approval of petition for and the experience of coexistence and presents, an Arrival-Departure Record, international cultural exchange visitor conflict resolution in a diverse society. (iii) Are there any limitations on Form I–94, issued to the alien in program—*** admissions? (A) No more than 4,000 connection with the previous admission * * * * * participants, including spouses and any or stay. The principal alien must also (9) * * * (i) General. The petitioner minor children of principal aliens, may present a Certification Letter issued by shall immediately notify the appropriate be admitted annually for 3 consecutive the Department of State’s Program Service center of any changes in the program years, beginning with FY 2000 Administrator. employment of a participant which (October 1, 1999, through September 30, (c) * * * (1) * * * An employer would affect eligibility under section seeking the services of an E–1, E–2, H– 2000). 101(a)(15)(Q)(i) of the Act. (B) For each alien admitted under 1A, H–1B, H–2A, H–2B, H–3, L–1, O– (ii) * * * No further action or notice section 101(a)(15)(Q)(ii) of the Act, the 1, O–2, P–1, P–2, P–3, Q–1, R–1, or TC by the Service is necessary in the case number of aliens admitted under section nonimmigrant beyond the period of automatic revocation. In any other 101(a)(15)(H)(ii)(b) of the Act is reduced previously granted, must petition for an case, the Service shall follow the by one for that fiscal year or the extension of stay on Form I–129.* * * revocation procedures in paragraphs subsequent fiscal year. * * * * * (q)(9) (iii) through (v) of this section. (C) This program expires on October (3) * * * * * * * * 1, 2005. (vii) Any nonimmigrant who is (12) (Reserved) (iv) What are the requirements for classified according to section (13) (Reserved) initial admission to the United States? 101(a)(15)(Q)(ii) of the Act beyond a (14) (Reserved) (A) Principal aliens, their spouses, and total of 3 years. (15) Irish peace process cultural and minor children of principal aliens must * * * * * training program visitors (Q–2) and their present valid passports and either a Q– 5. Section 214.2 is amended by: dependents (Q–3). (i) General. An Irish 2 or Q–3 visa at the time of inspection. a. Revising the heading of paragraph Peace Process Cultural and Training (B) Initial admission for those (q); Program (IPPCTP) visitor is a principal and dependent aliens in this b. Redesignating paragraph (q)(1) as nonimmigrant alien coming to the program who received their visas at paragraph (q)(1)(iii); United States temporarily to gain or either the U.S. Embassy in Dublin or the c. Adding new paragraphs (q)(1)(i) upgrade work skills through training U.S. Consulate in Belfast must take and (q)(1)(ii); and temporary employment and to place at the Service’s Pre-Flight d. Revising the heading of paragraphs experience living in a diverse and Inspection facilities at either the (q)(2), (q)(5), (q)(6), and (q)(7); peaceful environment. Shannon or Dublin airports in the e. Revising paragraph (q)(9)(i); (ii) What are the requirements for Republic of Ireland. f. Adding two new sentences at the participation? (A) The principal alien (C) The principal alien will be end of paragraph (q)(9)(ii); must have been physically resident in required to present a Certification Letter g. Adding and reserving paragraphs either Northern Ireland or the counties issued by the Department of State’s (q)(12) through (q)(14); and by of Louth, Monaghan, Cavan, Leitrim, (DOS’) Program Administrator h. Adding a new paragraph (q)(15), to Sligo, and Donegal in the Republic of documenting him or her as an read as follows: Ireland, for at least 3 months individual selected for participation in immediately preceding application to the IPPCTP. Eligible dependents may be § 214.2 Special requirements for the program and must show that he or requested to present written admission, extension, and maintenance of she has no intention of abandoning this documentation certifying their status. residence. relationship to the principal. * * * * * (B) The principal alien must be (v) May the principal alien and (q) Cultural visitors—(1)(i) between the ages of 18 and 35. dependents make brief visits outside the International cultural exchange visitors (C) The principal alien must: United States? (A) The principal alien, program. Paragraphs (q)(2) through (1) Be unemployed for at least 3 spouse, and any minor children of the (q)(11) of this section provide the rules months, or have completed or currently principal alien may make brief governing nonimmigrant aliens who are be enrolled in a training/employment departures, for periods not to exceed 3 visiting the United States temporarily in program sponsored by the Training and consecutive months, and may be

VerDate 132000 16:53 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR5.SGM pfrm01 PsN: 17MRR5 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Rules and Regulations 14779 readmitted without having to obtain a is communicated to the Service through read ‘‘international cultural exchange new visa. However, such periods of time the DOS’ Program Administrator. If visitors’’ wherever that term appears in spent outside the United States will not approved, the participant’s Form I–94 paragraphs (q)(5)(i), (q)(8)(ii). be added to the end of stay, which is not will be annotated to show the new 11. Section 214.2 is amended by to exceed a total of 3 years from the employer. If denied, there is no appeal revising the term ‘‘cultural visitors’’ to initial date of entry of the principal under this section. read ‘‘international cultural exchange alien. (ix) May the principal alien hold other visitors’’ to read ‘‘international cultural (B) Those participants or dependents jobs during his/her U.S. visit? No; any exchange visitors’’ in the heading of who remain outside the United States in principal alien classified as an Irish paragraph (q)(3)(iv). excess of 3 consecutive months will not peace process cultural and training 12. Section 214.2 is amended by be readmitted by the Service on their program visitor may only engage in revising the term ‘‘cultural visitors’’ to initial Q–2 or Q–3 visa. Instead, any employment that has been certified by read ‘‘international cultural exchange such individual and eligible dependents the DOS’ Program Administrator and visitors’’ wherever that term appears in wishing to rejoin the program will be approved by the DOS or the Service as the following paragraphs: required to reapply to the program and endorsed on the Form I–94. An alien a. Paragraph (q)(3)(iv) introductory be in receipt of a new Q–2 or Q–3 visa who engages in unauthorized text; and a Certification Letter issued by the employment violates the terms of the Q- b. Paragraph (q)(4)(ii)(A); DOS’ Program Administrator, prior to 2 visa and will be considered to have c. Paragraph (q)(5)(iii), (q)(5)(iv), and any subsequent admission to the United violated section 237(a)(1)(C)(i) of the (q)(5)(v); States. Act. d. Paragraph (q)(6); and (vi) How long may a Q–2 or Q–3 visa (x) What happens if a principal alien e. Paragraph (q)(9)(iii) (A) holder remain in the United States loses his/her job? A principal alien, who under this program? (A) The principal 13. Section 214.2 is amended by loses his or her job, will have 30 days revising the reference ‘‘section alien and any accompanying, or from his/her last date of employment to following-to-join, spouse or minor 101(a)(15)(Q)’’ to read ‘‘section locate appropriate employment or 101(a)(15)(Q)(i)’’ wherever that children of the principal alien are training, to have the job offer certified admitted for the duration of the reference appears in the following by the DOS’ Program Administrator in paragraphs: principal alien’s planned cultural and accordance with the DOS’ regulations training program or 36 months, a. Newly redesignated paragraph and to have it approved by the Service. (q)(1)(iii) under the definition whichever is shorter. If appropriate employment or training (B) Those participants and eligible ‘‘Qualified employer’’ cannot be found within this 30-day- b. Paragraph (q)(2)(ii); dependents admitted for specific period, the principal alien and any periods less than 36 months may extend c. Paragraph (q)(5)(v); accompany family members will be d. Paragraph (q)(7)(iii) and (q)(7)(iv); their period of stay through the Service required to depart the United States. so that their total period of stay is 36 e. Paragraph (q)(10); and months, provided the extension of stay § 214.2 [Amended] f. Paragraph (q)(11)(i). 14. Section 214.2 is amended by is related to employment or training 6. Section 214.2 is amended in newly certified by the DOS’ Program revised the term ‘‘Q status’’ to read ‘‘Q- redesignated paragraph (q)(1)(iii) under 1 status’’ whenever that term appears in Administrator. the definition of ‘‘Duration of program’’, (vii) How is employment authorized the following paragraphs: and in paragraph (q)(4)(iii), by revising under this program? (A) Following a. Paragraph (q)(2)(i) and (q)(2)(ii); the term ‘‘cultural exchange program’’ to endorsement of his/her Form I–94, and read ‘‘international cultural exchange Arrival-Departure Record, by a Service b. Paragraph (q)(3)(i) and (q)(3)(ii). program’’. officer, any principal alien admitted 15. Section 214.2 is amended by under section 101(a)(15)(Q)(ii) of the 7. Section 214.2 is amended in the revising the term ‘‘Q visa’’ to read ‘‘Q- Act is permitted to work for an newly redesignated paragraph (q)(1)(iii) 1 visa’’ in paragraph (q)(5)(ii); and by employer or employers listed on the under the definition ‘‘International revising the term ‘‘Q nonimmigrant’’ to Certification Letter issued by the DOS’ cultural exchange visitor or cultural read ‘‘Q-1 nonimmigrant’’ wherever that Program Administrator. visitor’’ by removing the term ‘‘or term appears in paragraph (q)(11)(i). (B) The accompanying spouse and cultural visitor’’. 16. Section 214.2 is amended by minor children of the principal alien 8. Section 214.2 is amended by revising the reference to ‘‘section may not accept employment, unless the revising the term ‘‘a cultural visitor’’ to 241(a)(1)(C)(i)’’ to read ‘‘section spouse has also been designated as a read ‘‘an international cultural exchange 237(a)(1)(C)(i)’’ in paragraph (q)(11)(i). principal alien (Q–2) in this program visitor’’ wherever that term appears in 17. Section 214.2 is amended by and has been issued a Certification the following paragraphs: revising the term ‘‘cultural visitors‘ ’’ to Letter by the DOS’ Program a. Paragraph (q)(2)(i); read ‘‘international cultural exchange Administrator. b. Paragraph (q)(2)(ii); visitors’ ’’ in paragraph (q)(4)(ii)(B). (viii) May the principal alien change c. Paragraph (q)(3)(iv);(D); employers? Principal aliens wishing to d. Paragraph (q)(5)(v); PART 248ÐCHANGE OF change employers must request such a e. Paragraph (q)(10); and NONIMMIGRANT CLASSIFICATION change through the DOS’ Program f. Paragraph (q)(11)(ii). Administrator to the Service. Following 9. Section 214.2 is amended by 18. The authority citation for part 248 review and consideration of the request revising the term ‘‘cultural visitor’s’’ to continues to read to follows: by the Service, the Service will inform read ‘‘international cultural exchange Authority: 8 U.S.C. 1101, 1103, 1184, 1187, the participant of the decision. The visitor’s’’ wherever that term appears in 1258; 8 CFR part 2. Service will grant such approval of paragraphs (q)(3)(i), (q)(3)(iii)(B); employers only if the new employer has (q)(3)(iii) (C), and (q)(6). § 248.3 [Amended] been approved by DOS in accordance 10. Section 214.2 is amended by 19. In § 248.3, paragraph (a) is with its regulations and such approval revising the term ‘‘cultural visitors’’ to amended in the first sentence by

VerDate 132000 16:53 Mar 16, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\17MRR5.SGM pfrm01 PsN: 17MRR5 14780 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Rules and Regulations revising the reference to ‘‘Q’’ to read under sections 101(a) (15) (E), (F), (H), § 274a.12 Classes of aliens authorized to ‘‘Q–1’’. (I), (J), (L), (M), or (Q)(ii) of the Act as accept employment. 20. Section 248.3 is amended by the spouse of child who accompanied or * * * * * adding a new paragraph (d) and revising followed-to-join a principal alien who is (b) * * * paragraph (e)(2) to read as follow: classified under the same section, may (15) An international cultural attend school in the United States, as exchange visitor (Q–1), according to § 248.3 Application. long as the immediate family member, § 214.2(q)(1) of this chapter. An alien * * * * * spouse, or child continues to be may only be employed by the petitioner (d) Special provisions for change of qualified for and maintains the status through whom the status was obtained; nonimmigrant classification from Q–2 under which the family member, * * * * * classification. Any alien classified as a spouse, or child is classified. (c) * * * Q–2 nonimmigrant, who requests a * * * * * (23) An Irish peace process cultural change to another nonimmigrant and training program visitor (Q–2), classification, must file Form I–539, PART 274aÐCONTROL OF pursuant to § 214.2(q)(15) of this chapter with appropriate free, to the Nebraska EMPLOYMENT OF ALIENS and 22 CFR 41.57 and 22 CFR part 139. Service Center. Any spouse or minor An alien in this status may only accept children of the principal alien who are 21. The authority citation for part employment with the employer listed in the United States and who are also 274a is revised to read as follows: Pub. on the Certification Letter issued by the classified as either Q–2 or Q–3 L. 101–410, 104 Stat. 890, as amended DOS’ Program Administrator. nonimmigrants may be included in the by Pub. L. 104–134, 110 Stat. 1321; * * * * * application. Authority: 8 U.S.C. 1101, 1103, 1324a; 8 Dated: March 15, 2000. (e) * * * CFR part 2 (2) An alien classified under sections Doris Meissner, 101(a)(15)A) or 101(a)(150(G) of the Act 22. Section 274a.12 is amended by: Commissioner, Immigration and as a member of the immediate family of a. Revising paragraph (b)(15); and Naturalization Service. a principal alien classified under the b. Adding a new paragraph (c)(23), to [FR Doc. 00–6818 Filed 3–16–00; 8:45 am] same section, or an alien classified read as follows: BILLING CODE 4410±10±M

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Reader Aids Federal Register Vol. 65, No. 53 Friday, March 17, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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 57...... 14652 97...... 13917 Presidential Documents Proclamations: 201...... 12952 7276...... 11197 523±5227 1140...... 10981 Executive orders and proclamations 7277...... 11199 1160...... 14484 The United States Government Manual 523±5227 7278...... 11455 1205...... 12146 7279...... 11733 1210...... 14485 Other Services 7280...... 12903 1306...... 12141 Electronic and on-line services (voice) 523±4534 Executive Orders: 1307...... 12141 Privacy Act Compilation 523±3187 12170 (See Notice of 1309...... 12141 Public Laws Update Service (numbers, dates, etc.) 523±6641 March 13, 2000)...... 13863 1710...... 12952 TTY for the deaf-and-hard-of-hearing 523±5229 12957 (Continued by 1717...... 12952 Notice of March 13, 1718...... 12952 2000) ...... 13863 ELECTRONIC RESEARCH 12959 (See Notice of 8 CFR World Wide Web March 13, 2000)...... 13863 212...... 14774 13059 (See Notice of 214...... 14774 Full text of the daily Federal Register, CFR and other March 13, 2000)...... 13863 248...... 14774 publications: 13146...... 11201 278A ...... 14774 http://www.access.gpo.gov/nara 13147...... 13233 Administrative Orders: 9 CFR Federal Register information and research tools, including Public Inspection List, indexes, and links to GPO Access: Presidential Determinations: 78...... 12064 No. 2000-15 of Proposed Rules: http://www.nara.gov/fedreg February 24, 2000 ...... 10931 71...... 11485 E-mail Notices: 77...... 11485, 11912 March 13, 2000 ...... 13863 78...... 11485 PENS (Public Law Electronic Notification Service) is an E-mail 93...... 12486 5 CFR service for notification of recently enacted Public Laws. To 98...... 12486 subscribe, send E-mail to 213...... 14431 113...... 12151 [email protected] 315...... 14431 130...... 12486 335...... 14431 with the text message: 317...... 14486 792...... 13659 318...... 14486, 14489 subscribe PUBLAWS-L your name Proposed Rules: 319...... 144867, 14489 Use [email protected] only to subscribe or unsubscribe to 3...... 14477 327...... 14489 PENS. We cannot respond to specific inquiries. 213...... 14477 381...... 14486 Reference questions. Send questions and comments about the 315...... 14477 590...... 11486 Federal Register system to: 7 CFR 10 CFR [email protected] 2...... 12427 72...... 11458, 12444 The Federal Register staff cannot interpret specific documents or 205...... 13512 170...... 11204 regulations. 210...... 12429 600...... 14406 215...... 12429 Proposed Rules: 220...... 12429 FEDERAL REGISTER PAGES AND DATE, MARCH 21...... 11488 225...... 12429 50...... 11488 10931±11196...... 1 226...... 12429 52...... 11488 301...... 11203 11197±11454...... 2 54...... 11488 457...... 11457 11455±11734...... 3 100...... 11488 761...... 14432 430...... 14128 11735±11858...... 6 762...... 14432 431...... 10984 11859±12060...... 7 993...... 12061 960...... 11755 12061±12426...... 8 955...... 12442 963...... 11755 12427±12904...... 9 1421...... 13865 Ch. XVIII ...... 13700 12905±13234...... 10 1427...... 13865 13235±13658...... 13 1464...... 10933 12 CFR 13659±13864...... 14 1710...... 14207 5...... 12905 13865±14206...... 15 1721...... 10933 204...... 12916 14207±14430...... 16 3019...... 14406 225...... 14433, 14440 14431±14780...... 17 Proposed Rules: 724...... 10933 6...... 14478 745...... 10933 20...... 11483 925...... 13866 27...... 10979 950...... 13866 28...... 10979, 12140 Ch. IX...... 13663 29...... 13915 1510...... 12064

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Proposed Rules: 229...... 11507 27 CFR 261...... 11680 3...... 12320 230...... 11507 4...... 11889 295...... 11680 208...... 12320 232...... 11507 5...... 11889 1190...... 12493 225...... 12320 239...... 11507 7...... 11889 1191...... 12493 325...... 12320 240...... 11507 16...... 11889 567...... 12320 37 CFR 248...... 12354 Proposed Rules: 614...... 14491 Proposed Rules: 249...... 11507 4...... 12490 620...... 14494 250...... 11507 201...... 14227, 14505 709...... 11250 259...... 11507 28 CFR 38 CFR 716...... 10988 260...... 11507 70...... 14406 741...... 10988 269...... 11507 3...... 12116 1750...... 13251 270...... 11507 29 CFR 19...... 14471 274...... 11507 20...... 14471 13 CFR 95...... 14406 4022...... 14752, 14753 21...... 12117, 13893 18 CFR Proposed Rules: 4044...... 13905, 14752 Proposed Rules: 124...... 12955 35...... 12088 4050...... 14752 3...... 13254 157...... 11461, 12115 14 CFR Proposed Rules: 39 CFR 1614...... 11019 25...... 13666 19 CFR 1910...... 11948, 13254 111...... 12946 39...... 10934, 12...... 12470 Proposed Rules: 10937, 10938, 11204, 11459, 24...... 13880 30 CFR 20...... 11023 11859, 11861, 12071, 12072, 111...... 13880 202...... 11467 111...... 13258 12073, 12075, 12077, 12080, 178...... 13880 206...... 11467, 14022 913...... 14229 12081, 12082, 12084, 12085, 250...... 14469 952...... 13707 12460, 12462, 12463, 13668, 20 CFR 13871, 13875, 13877, 14207, Proposed Rules: 40 CFR 220...... 14458 914...... 11950, 12492 14209 322...... 14459 30...... 14406 71 ...... 11369, 11461, 11866, 404...... 11866 31 CFR 51...... 11222 12630, 12917, 12918, 14344 416...... 11866 103...... 13683 52 ...... 10944, 11468, 12118, 95...... 14442 12472, 12474, 12476, 12481, 97 ...... 13669, 13671, 13673 21 CFR 32 CFR 12948, 13239, 13694, 14212 1260...... 14406 20...... 11881 22...... 14406 60...... 13242 Proposed Rules: 101...... 11205 32...... 14406 63...... 11231 25...... 13703 176...... 13675 668...... 13906 68...... 13243 39 ...... 11006, 11505, 11940, 524...... 13904 86...... 11898 33 CFR 11942, 12489, 12957, 13251, 558...... 11888 136...... 14344 13919, 13921, 13923, 14216, 640...... 13678 95...... 14223 141...... 11372 14218 868...... 11464 110...... 11892 148...... 14472 71 ...... 12153, 12957, 13704, 870...... 11465 117...... 11893, 12943 180 ...... 10946, 11234, 11243, 13705, 13707, 14497 1301...... 13235 127...... 10943 11736, 12122, 12129 255...... 11009 1308...... 13235 140...... 14226 261...... 14472 141...... 14226 262...... 12378 15 CFR Proposed Rules: 101...... 14219 142...... 14226 268...... 14472 14...... 14406 314...... 12154 143...... 14226 271...... 14472 734...... 12919 144...... 14226 300...... 13697, 14475 738...... 12919 22 CFR 145...... 14226 302...... 14472 740...... 12919 146...... 14226 22...... 14211 445...... 14344 742...... 12919 147...... 14226 23...... 14211 Proposed Rules: 743...... 12919 154...... 10943 41...... 14768 51...... 11024 744...... 12919, 14444 155...... 10943, 14470 51...... 14211 52 ...... 11027, 11275, 11524, 748...... 12919 159...... 10943 139...... 14764 12494, 12495, 12499, 12958, 774...... 12919, 13879 164...... 10943 145...... 14406 13260, 13709, 14506, 14510 167...... 12944 16 CFR 226...... 14406 63...... 11278 177...... 14223 81...... 14510 1615...... 12924 Proposed Rules: 183...... 10943 22...... 13253 141...... 11372 1616...... 12924 Proposed Rules: 438...... 11755 1630...... 12929 23 CFR 100 ...... 11274, 13926, 14498 503...... 11278 1631...... 12929 110...... 13926, 14498 1632...... 12935 1340...... 13679 165 ...... 13926, 14498, 14501, 42 CFR Proposed Rules: 24 CFR 14502 405...... 13911 307...... 11944 175...... 11410 410...... 13911 905...... 14422 312...... 11947 177...... 11410 Proposed Rules: 313...... 11174 Proposed Rules: 179...... 11410 410...... 13082 81...... 12632 181...... 11410 17 CFR 493...... 14510 990...... 11525 183...... 11410 15...... 14452 43 CFR 25 CFR 34 CFR 16...... 14452 12...... 14406 17...... 14452 290...... 14461 74...... 14406 3500...... 11475 1...... 12466 1100...... 11894 4...... 10939, 12938 26 CFR 45 CFR 36 CFR 200...... 12469 1 ...... 11205, 11467, 12471 74...... 14406 240...... 13235 301...... 11211, 11215 Ch. XV ...... 14760 612...... 11740 242...... 13235 602 ...... 11205, 11211, 11215 701...... 11735, 11736 613...... 11740 Proposed Rules: Proposed Rules: 1210...... 14406 4...... 11253, 12318 1...... 11012, 11269 Proposed Rules: 46 CFR 228...... 11507 301...... 11271, 11272 212...... 11680 28...... 10943

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30...... 10943 164...... 10943 26...... 14230 193...... 10950 32...... 10943 170...... 10943 27...... 14230 385...... 11904 34...... 10943 174...... 10943 54...... 13933 571...... 11751 35...... 10943 175...... 10943 61...... 13933 572...... 10961 38...... 10943 182...... 10943 69...... 13933 Proposed Rules: 39...... 10943 189...... 11904 73 ...... 11537, 11538, 11539, Ch I...... 11541 54...... 10943 190...... 10943 11540, 11541, 11955, 12155, 40...... 13261 56...... 10943 193...... 10943 13260, 13261 171...... 11028 58...... 10943 195...... 10943 172...... 11028 61...... 10943 199...... 10943, 11904 48 CFR 173...... 11028 63...... 10943 Ch. 2 ...... 14380 Proposed Rules: 174...... 11028 76...... 10943 Ch. 5 ...... 11246 2...... 11410 175...... 11028 77...... 10943 10...... 11410 202...... 14397 176...... 11028 78...... 10943 15...... 11410 204...... 14397 177...... 11028 91...... 11904 24...... 11410 207...... 14397 178...... 11028 92...... 10943 25...... 11410 208...... 14397, 14400 95...... 10943 26...... 11410 212...... 14400 179...... 11028 96...... 10943 28...... 11410 222...... 14397, 14402 180...... 11028 97...... 10943 30...... 11410 244...... 14400 105...... 10943 70...... 11410 247...... 14400 50 CFR 108...... 10943 90...... 11410 252 ...... 14397, 14400, 14402 648...... 11478, 11909 109...... 10943 114...... 11410 1806...... 12484 660...... 11480 110...... 10943 169...... 11410 1808...... 12484 111...... 10943 175...... 11410 1811...... 12484 622...... 12136 114...... 10943 188...... 11410 1813...... 12484 679 ...... 10978, 11247, 11481, 115...... 11904 199...... 11410 1815...... 12484 11909, 12137, 12138, 13698 119...... 10943 1825...... 12484 Proposed Rules: 125...... 10943 47 CFR 1835...... 12484 16...... 11756 132...... 11904 1...... 14476 1837...... 12484 17 ...... 12155, 12181, 13262, 133...... 11904 24...... 14213 1842...... 12484 13935, 14513 134...... 11904 27...... 12483 1848...... 12484 216...... 11542 151...... 10943 54...... 12135 1851...... 12484 223...... 12959 153...... 10943 73 ...... 11476, 11477, 11750, 2409...... 12950 224...... 12959, 13935 154...... 10943 13250 Proposed Rules: 300...... 13284 160...... 10943 76...... 12135 Ch. 9 ...... 13416 600...... 11956 161...... 10943 Proposed Rules: 622...... 11028, 14518 162...... 10943 1...... 13933 49 CFR 648 ...... 11029, 11956, 14519 163...... 10943 2...... 14230 19...... 14406 679 ...... 11756, 11973, 12500

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REMINDERS National priorities list regulations violations; Peanuts; comments due by The items in this list were update; published 3-17- published 2-16-00 3-20-00; published 2-18- editorially compiled as an aid 00 VETERANS AFFAIRS 00 to Federal Register users. FEDERAL DEPARTMENT COMMERCE DEPARTMENT Inclusion or exclusion from COMMUNICATIONS Board of Veterans Appeals: National Oceanic and this list has no legal COMMISSION Appeals regulations and Atmospheric Administration rules of practiceÐ significance. Organization, functions, and Fishery conservation and Case docketing; published authority delegations: management: Headquarters; address 3-17-00¶ RULES GOING INTO change; published 3-17-00 West Coast States and Western Pacific EFFECT MARCH 17, 2000 Radio stations; table of RULES GOING INTO fisheriesÐ assignments: EFFECT MARCH 19, 2000 New York; published 2-16- Salmon; comments due AGRICULTURE by 3-20-00; published DEPARTMENT 00 TRANSPORTATION DEPARTMENT 3-3-00 Farm Service Agency Oregon; published 2-16-00 INTERIOR DEPARTMENT Surface Transportation CONSUMER PRODUCT Program regulations: Fish and Wildlife Service Board SAFETY COMMISSION Real estate and chattel Endangered and threatened Motor carriers: Poison prevention packaging: appraisals; regulatory species: Motor passenger intra- Child-resistant packaging streamlining; correction; Keck's checker-mallow; corporate family requirementsÐ published 3-17-00 published 2-16-00 transactions; class Household products COMMERCE DEPARTMENT exemption; published 2- containing low-viscosity JUSTICE DEPARTMENT 18-00 Export Administration Immigration and hydrocarbons; Bureau Naturalization Service comments due by 3-20- COMMENTS DUE NEXT Export administration Irish Peace Process Cultural 00; published 1-3-00 regulations: and Training Program; WEEK DEFENSE DEPARTMENT India and Pakistan; entity establishment; published 3- Defense Logistics Agency 17-00 AGRICULTURE list; entities removed, DEPARTMENT Privacy Act; implementation; license policy revised, and JUSTICE DEPARTMENT Agricultural Marketing comments due by 3-20-00; list reformatted; published Police Corps eligibility and Service published 1-20-00 3-17-00 selection criteria: Hazelnuts grown inÐ DEFENSE DEPARTMENT COMMERCE DEPARTMENT Educational expenses; Oregon and Washington; Federal Acquisition Regulation timing of reimbursements; National Oceanic and comments due by 3-20- (FAR): published 2-16-00 00; published 1-19-00 Atmospheric Administration Time-and-materials or labor- Endangered and threatened PERSONNEL MANAGEMENT Meats, prepared meats, and OFFICE hours; comments due by species: meat products; grading, 3-24-00; published 1-24- Excepted service, career Critical habitat certification, and standards: 00 conditional employment designationsÐ Federal meat grading and system, and promotion and certification services; fee Privacy Act; implementation: Washington, Oregon, internal placement: changes; comments due National Reconnaissance Idaho, and California; Veterans Employment by 3-20-00; published 1- Office; comments due by salmon and steelhead; Opportunities Act; staffing 20-00 3-20-00; published 1-19- evolutionarily significant provisions; published 3- Olives grown inÐ 00 units; published 2-16-00 17-00 California; comments due by ENVIRONMENTAL Fishery conservation and RAILROAD RETIREMENT 3-20-00; published 1-19- PROTECTION AGENCY management: BOARD 00 Air quality implementation West Coast States and Railroad Retirement Act: AGRICULTURE plans; approval and Western Pacific Disability determination; DEPARTMENT promulgation; various fisheriesÐ published 3-17-00 Animal and Plant Health States: Salmon; published 3-3-00 STATE DEPARTMENT Inspection Service California; comments due by DEFENSE DEPARTMENT Irish Peace Process Cultural Exportation and importation of 3-20-00; published 2-17- and Training Program; animals and animal 00 Collection from third party products: establishment; published 3- Illinois; comments due by 3- payers of reasonable costs Ports of entryÐ of healthcare services; 17-00 20-00; published 2-17-00 Dayton, OH; port published 2-16-00 Visas; nonimmigrant Indiana; comments due by documentation: designated for ENVIRONMENTAL exportation of horses; 3-24-00; published 2-23- Irish Peace Process Cultural PROTECTION AGENCY comments due by 3-20- 00 and Training Program; Hazardous waste: 00; published 2-17-00 Missouri; comments due by published 3-17-00 3-20-00; published 2-17- Identification and listingÐ AGRICULTURE TRANSPORTATION 00 Organobromine production DEPARTMENT DEPARTMENT North Carolina; comments wastes; published 3-17- Commodity Credit Federal Aviation due by 3-20-00; published 00 Corporation Administration Loan and purchase programs: 2-17-00 Solid wastes: Airworthiness directives: Peanuts; comments due by Virginia; comments due by Storage and collection of Boeing; published 2-10-00 3-20-00; published 2-18- 3-20-00; published 2-17- residential, commercial, Cessna; published 1-27-00 00 00 and institutional solid TRANSPORTATION AGRICULTURE Air quality implementation waste; published 12-17-99 DEPARTMENT DEPARTMENT plans; √A√approval and Superfund program: Federal Motor Carrier Safety Farm Service Agency promulgation; various National oil and hazardous Administration Farm marketing quotas, States; air quality planning substances contingency Motor carrier proceedings; acreage allotments, and purposes; designation of planÐ practice rules; commercial production adjustments: areas:

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Ohio and Kentucky; due by 3-23-00; by 3-20-00; published 1- Rulemaking proceedings: comments due by 3-24- published 2-22-00 20-00 Christie, Bob; comments 00; published 3-17-00 HEALTH AND HUMAN INTERIOR DEPARTMENT due by 3-22-00; published Pesticide programs: SERVICES DEPARTMENT Minerals Management 1-12-00 Pesticide container and Food and Drug Service PERSONNEL MANAGEMENT containment standards; Administration Royalty management: OFFICE comments due by 3-20- Human drugs: Oil values for royalty due on Retirement: 00; published 2-24-00 Drug products discontinued Indian leases; Nuclear materials couriers Pesticides and ground water from sale for reasons of establishment; comments under CSRS and FERS; strategy; State safety or effectiveness; due by 3-20-00; published eligibility; comments due management plan list; comments due by 3- 2-28-00 by 3-20-00; published 1- regulation; comments due 20-00; published 1-4-00 18-00 by 3-24-00; published 2- INTERIOR DEPARTMENT Over-the-counter drugs 23-00 Surface Mining Reclamation TRANSPORTATION classification as generally and Enforcement Office DEPARTMENT Sewage sludge; use or recognized as safe and Permanent program and Coast Guard disposal standards: effective and not abandoned mine land Dioxin and dioxin-like misbranded; additional Regattas and marine parades, reclamation plan compounds; numeric criteria and procedures; anchorage regulations, and submissions: concentration limits; comments due by 3-22- ports and waterways safety: comments due by 3-23- 00; published 12-20-99 Kentucky; comments due by OPSAIL 2000/International 3-20-00; published 2-18- 00; published 3-2-00 Medical devices: Naval Review 2000; 00 regulated areas; Solid wastes: Premarket notification; Municipal solid waste landfill JUSTICE DEPARTMENT comments due by 3-23- substantially equivalent 00; published 2-7-00 permit programs; premarket notification; Drug Enforcement adequacy redacted version Administration TRANSPORTATION determinationsÐ requirement; comments Schedules of controlled DEPARTMENT Tennessee; comments due by 3-22-00; published substances: Federal Aviation due by 3-24-00; 12-21-99 Exempt anabolic steroid Administration published 2-23-00 HEALTH AND HUMAN products; comments due Airworthiness directives: Tennessee; comments SERVICES DEPARTMENT by 3-20-00; published 1- Boeing; comments due by due by 3-24-00; Health Care Financing 20-00 3-20-00; published 2-2-00 published 2-23-00 Administration Correction; comments due Bombardier; comments due Tennessee; comments Medicare: by 3-20-00; published by 3-21-00; published 1- due by 3-24-00; 2-2-00 Inpatient Disproportionate 21-00 published 2-23-00 Share (DSH) Hospital LIBRARY OF CONGRESS Eurocopter France; FEDERAL adjustment calculationÐ Copyright Office, Library of comments due by 3-20- COMMUNICATIONS States with section 1115 Congress 00; published 1-20-00 COMMISSION expansion waivers; Copyright office and Fokker; comments due by Radio stations; table of change in treatment of procedures: 3-20-00; published 2-17- assignments: certain Medicaid patient Litigation; public information; 00 Georgia and South Carolina; days; comments due by comments due by 3-21- Kaman Aerospace Corp.; comments due by 3-23- 3-20-00; published 1-20- 00; published 1-21-00 comments due by 3-24- 00; published 2-16-00 00 00; published 1-24-00 NATIONAL AERONAUTICS Pennsylvania and South Payment amount if AND SPACE Class E airspace; comments Dakota; comments due by customery charges are ADMINISTRATION due by 3-20-00; published 3-20-00; published 3-8-00 less than reasonable 2-7-00 costs; comments due by Administrative authority and Vermont; comments due by policy: TRANSPORTATION 3-23-00; published 2-16- 3-23-00; published 2-22- DEPARTMENT 00 00 Inspection of persons and personal effects on NASA Federal Highway HEALTH AND HUMAN Washington and Kentucky; property; comments due Administration SERVICES DEPARTMENT comments due by 3-20- by 3-20-00; published 1- Engineering and traffic 00; published 2-16-00 Grants and cooperative 19-00 operations: agreements; availability, etc.: FEDERAL RESERVE Federal Acquisition Regulation Uniform Traffic Control SYSTEM Substance Abuse Prevention (FAR): Devices ManualÐ and Treatment (SAPT) Labor relations; unfair labor Time-and-materials or labor- Tourist oriented directional block grant programÐ practice procedures; hours; comments due by signs, recreation and comments due by 3-20-00; Application deadline; 3-24-00; published 1-24- cultural interest signs, published 1-18-00 comments due by 3-20- 00 and traffic controls for 00; published 2-4-00 GENERAL SERVICES NUCLEAR REGULATORY bicycle facilities; ADMINISTRATION INTERIOR DEPARTMENT COMMISSION comments due by 3-24- 00; published 6-24-99 Federal Acquisition Regulation Fish and Wildlife Service Performance-based activities; (FAR): Endangered and threatened high-level guidelines; TRANSPORTATION Time-and-materials or labor- species: comments due by 3-24-00; DEPARTMENT hours; comments due by California tiger salamander; published 1-24-00 Research and Special 3-24-00; published 1-24- comments due by 3-20- Radioactive material packaging Programs Administration 00 00; published 1-19-00 and transportation: Hazardous materials: Federal property management: Fish and wildlife restoration; Nuclear waste shipment; Rulemaking and program Aviation, transportation, and Federal aid to States: advance notification to procedures, etc.; motor vehiclesÐ National Boating Native American Tribes; Regulatory Flexibility Act Transportation payment Infrastructure Grant comments due by 3-22- and plain language and audit; comments Program; comments due 00; published 12-21-99 reviews; comments due

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by 3-22-00; published 12- The text of laws is not humanitarian. (Mar. 5, 2000; 20-99 published in the Federal 114 Stat. 21) Register but may be ordered Public Laws Electronic TREASURY DEPARTMENT H.R. 149/P.L. 106±176 in ``slip law'' (individual Notification Service Internal Revenue Service pamphlet) form from the Omnibus Parks Technical (PENS) Income taxes: Superintendent of Documents, Corrections Act of 2000 (Mar. U.S. Government Printing 10, 2000; 114 Stat. 23) Construction aid Office, Washington, DC 20402 PENS is a free electronic mail contribution; definition; H.R. 764/P.L. 106±177 (phone, 202±512±1808). The notification service of newly comments due by 3-22- text will also be made To reduce the incidence of enacted public laws. To 00; published 12-20-99 available on the Internet from child abuse and neglect, and subscribe, go to www.gsa.gov/ GPO Access at http:// for other purposes. (Mar. 10, archives/publaws-l.html or www.access.gpo.gov/nara/ 2000; 114 Stat. 35) send E-mail to LIST OF PUBLIC LAWS [email protected] with index.html. Some laws may H.R. 1883/P.L. 106±178 not yet be available. the following text message: This is a continuing list of Iran Nonproliferation Act of 2000 (Mar. 14, 2000; 114 SUBSCRIBE PUBLAWS-L public bills from the current H.R. 3557/P.L. 106±175 Your Name. session of Congress which Stat. 38) have become Federal laws. It To authorize the President to S. 613/P.L. 106±179 Note: This service is strictly may be used in conjunction award a gold medal on behalf for E-mail notification of new with ``P L U S'' (Public Laws of the Congress to John Indian Tribal Economic laws. The text of laws is not Update Service) on 202±523± Cardinal O'Connor, Archbishop Development and Contract available through this service. 6641. This list is also of New York, in recognition of Encouragement Act of 2000 PENS cannot respond to available online at http:// his accomplishments as a (Mar. 14, 2000; 114 Stat. 46) specific inquiries sent to this www.nara.gov/fedreg. priest, a chaplain, and a Last List March 16, 2000 address.

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