3–17–00 Friday Vol. 65 No. 53 Mar. 17, 2000 Pages 14431–14780
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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 India 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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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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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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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. Talcher 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 Chhatrapur, 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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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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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
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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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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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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
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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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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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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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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),
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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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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
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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,
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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 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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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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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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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
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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
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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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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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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
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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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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
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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
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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
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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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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,
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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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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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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,
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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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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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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
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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
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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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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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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.
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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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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
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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.
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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
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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
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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
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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
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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,
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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
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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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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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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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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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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
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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
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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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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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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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(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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(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
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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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