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					                    federal register
7–15–99
Vol. 64   No. 135                      Thursday
Pages 38103–38286                      July 15, 1999




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II                              Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999




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                                                                                                                    III

Contents                                                  Federal Register
                                                          Vol. 64, No. 135

                                                          Thursday, July 15, 1999



Agricultural Marketing Service                            See Army Department
RULES                                                     See Navy Department
Agricultural commodities:
 Perishable Agricultural Commodities Act; rules of        Education Department
      practice, 38103–38108                               PROPOSED RULES
PROPOSED RULES                                            Postsecondary education:
Milk marketing orders:                                      Student financial assistance programs; institutional
 Central Arizona, 38144–38145                                   eligibility, 38271–38282
                                                          NOTICES
Agriculture Department                                    Agency information collection activities:
See Agricultural Marketing Service                          Submission for OMB review; comment request;
See Animal and Plant Health Inspection Service                  correction, 38186–38187
See Forest Service                                        Grants and cooperative agreements; availability, etc.:
                                                            Indian education programs—
Air Force Department                                          Indian children and professional development, 38187–
RULES                                                             38188
Environmental protection:                                   National Institute on Disability and Rehabilitation
  Environmental impact analysis process, 38127–38143            Research—
                                                              Research Fellowship Program et al., 38247–38270
Animal and Plant Health Inspection Service
RULES                                                     Employment and Training Administration
Plant-related quarantine, foreign:                        NOTICES
  Cut flowers; importation, 38108–38110                   Federal-State unemployment compensation program:
PROPOSED RULES                                              Extended benefit periods; changes, 38217–38218
Animal welfare:                                           Workforce Investment Act; implementation:
 Nonhuman primates; policy, 38145–38150                     Five-year research plan for 2000-2004; development,
                                                                38243–38245
Army Department
NOTICES                                                   Energy Department
Patent licenses; non-exclusive, exclusive, or partially   See Federal Energy Regulatory Commission
    exclusive:
  Dengue vaccines, 38183–38184                            Environmental Protection Agency
                                                          RULES
Civil Rights Commission                                   Air pollution; standards of performance for new stationary
NOTICES                                                       sources:
Meetings; State advisory committees:                        Fossil fuel-fired boilers and turbines; three new test
 Iowa, 38180–38181                                              methods for velocity and volumetric flow rate
 Kansas, 38181                                                  determination in stacks or ducts
 Missouri, 38181                                              Correction, 38241
                                                          NOTICES
Coast Guard                                               Air quality; prevention of significant deterioration (PSD):
PROPOSED RULES                                              Kawaihae Cogeneration Partnership et al., HI; combustion
Anchorage regulations:                                          turbine generators, etc., 38198–38199
 California, 38166–38172
                                                          Farm Credit Administration
Commerce Department                                       RULES
See International Trade Administration                    Farm credit system:
See National Oceanic and Atmospheric Administration         Funding and fiscal affairs, loan policies and operations,
                                                                and funding operations—
Commodity Futures Trading Commission                          Investment management, 38110–38111
PROPOSED RULES
Commodity Exchange Act:                                   Federal Aviation Administration
  Contract market rule review procedures, 38159–38164     PROPOSED RULES
                                                          Airworthiness directives:
Customs Service                                             Airbus, 38154–38155
NOTICES                                                     British Aerospace, 38152–38154 , 38156––38159
Commercial gauger:                                          Saab, 38150–38152
  Approval—                                               NOTICES
   VIP Chemical, Inc., 38235                              Airport noise compatibility program:
                                                            Anchorage International Airport, AK, 38230–38231
Defense Department                                        Environmental statements; availability, etc.:
See Air Force Department                                    Indianapolis International Airport, IN, 38231
IV                     Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Contents


Meetings:                                                    Foreign Assets Control Office
 RTCA, Inc., 38231–38232                                     NOTICES
                                                             Agency information collection activities:
Federal Communications Commission                             Proposed collection; comment request, 38235–38236
NOTICES
Common carrier services:                                     Forest Service
  Wireless telecommunications services—                      NOTICES
   Universal licensing system development and use,           Environmental statements; notice of intent:
        38199                                                  Malheur National Forest, OR, 38176–38177
                                                               Payette National Forest, ID, 38177–38178
                                                               Tongass National Forest, AK, 38178–38180
Federal Emergency Management Agency
NOTICES
                                                             General Services Administration
Meetings:                                                    RULES
 National Dam Safety Review Board, 38200                     Organization, functions, and authority delegations:
                                                               Transportation rate cases; procedure rules—
Federal Energy Regulatory Commission                             Transportation Audits Office renamed Audit Division
NOTICES                                                              of GSA Transportation and Property Management
Electric rate and corporate regulation filings:                      Office, 38143
  Electrade Corp. et al., 38192–38195                        NOTICES
Hydroelectric applications, 38195–38198                      Meetings:
Applications, hearings, determinations, etc.:                 Electronic Posting System; adoption as simple point of
  Destin Pipeline Co., L.L.C., 38188–38189                         entry for notice of Federal business opportunities;
  Distrigas of Massachusetts Corp., 38189                          correction, 38200–38201
  Kern River Gas Transmission Co.; correction, 38189
  Petal Gas Storage Co., 38189–38190                         Geological Survey
  PSEG Resources Inc., 38190                                 NOTICES
  Puget Sound Energy, Inc., 38190                            Agency information collection activities:
  Sea Robin Pipeline Co., 38190                               Proposed collection; comment request, 38211
  Southern Natural Gas Co., 38190–38191
  Viking Gas Transmission Co., 38191–38192                   Health and Human Services Department
                                                             See Food and Drug Administration
Federal Highway Administration                               See Health Care Financing Administration
NOTICES                                                      See Inspector General Office, Health and Human Services
Environmental statements; notice of intent:                      Department
  District of Columbia, Prince George’s County, MD, and      See National Institutes of Health
                                                             NOTICES
      Alexandria and Fairfax County, VA, 38232–38233
  Grundy, VA, 38233                                          Meetings:
                                                              HIV/AIDS Presidential Advisory Council, 38201
Federal Reserve System                                       Health Care Financing Administration
NOTICES                                                      See Inspector General Office, Health and Human Services
Banks and bank holding companies:                                Department
  Change in bank control, 38200                              NOTICES
  Formations, acquisitions, and mergers, 38200               Agency information collection activities:
                                                              Proposed collection; comment request, 38202–38203
Financial Management Service                                  Submission for OMB review; comment request, 38203–
See Fiscal Service                                                38205

Fiscal Service                                               Housing and Urban Development Department
RULES                                                        PROPOSED RULES
Securities:                                                  HUD-owned properties:
  Bearer securities reissuance and definitive securities      Up-front grants and loans in disposition of multifamily
      handling; elimination, 38124–38127                          projects, 38283–38286
                                                             NOTICES
                                                             Agency information collection activities:
Fish and Wildlife Service                                     Proposed collection; comment request, 38209
NOTICES                                                       Submission for OMB review; comment request, 38209–
Comprehensive conservation plans; availability, etc.:             38210
  Fort Niobrara National Wildlife Refuge et al, NE, 38210–
      38211                                                  Inspector General Office, Health and Human Services
                                                                 Department
Food and Drug Administration                                 NOTICES
NOTICES                                                      Program exclusions; list, 38205–38207
Reports and guidance documents; availability, etc.:
  Clinical development programs for drugs, devices, and      Interior Department
      biological products for treatment of osteoarthritis;   See Fish and Wildlife Service
      industry guidance, 38201–38202                         See Geological Survey
                       Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Contents                          V


See   Land Management Bureau                                 National Oceanic and Atmospheric Administration
See   Minerals Management Service                            NOTICES
See   National Indian Gaming Commission                      Environmental statements; availability, etc.:
See   Reclamation Bureau                                       Lake Barre, LA; oil spill damage assessment and
See   Surface Mining Reclamation and Enforcement Office            restoration plan, 38182–38183
NOTICES
Central Utah Water Conservancy District:
                                                             National Science Foundation
  Sanpete County Water Conservancy District et al.;
                                                             NOTICES
      agreement negotiations, 38210
                                                             Agency information collection activities:
International Trade Administration                            Submission for OMB review; comment request, 38218–
NOTICES                                                            38219
Antidumping and countervailing duties:                       Meetings:
 Administrative review requests, 38181–38182                  Advancement of Women and Minorities in Science,
                                                                   Engineering and Technology Development
International Trade Commission                                     Commission, 38219
NOTICES
Meetings; Sunshine Act, 38214                                Navy Department
                                                             NOTICES
Justice Department                                           Base realignment and closure:
NOTICES
                                                               Surplus Federal property—
Pollution control; consent judgments:                            Naval Air Station, Agana, GU, 38184–38185
  Cuyahoga Management Corp. et al., 38214–38215              Environmental statements; availability, etc.:
  Equus Farms, Inc., 38215                                     Base realignment and closure—
  Lion Oil Co., 38215–38216                                      Naval Air Station South Weymouth, MA, 38185–38186
  Meydenbauer Development Co., 38216
                                                             Inventions, Government-owned; availability for licensing,
  Neal, Robert, 38216
                                                                 38186
  Nevada Cogeneration Associates, No. 1, et al., 38216–
                                                             Patent licenses; non-exclusive, exclusive, or partially
       38217
                                                                 exclusive:
  Waste Management Disposal Services of Pennsylvania,
                                                               Athena Ventures, 38186
       Inc., 38217

Labor Department                                             Nuclear Regulatory Commission
See Employment and Training Administration                   NOTICES
                                                             Meetings:
Land Management Bureau                                         Pilot Program Evaluation Panel, 38223
PROPOSED RULES                                               Reports and guidance documents; availability, etc.:
Indian allotments:                                             Materials licenses, consolidated guidance—
  Federal regulatory review, 38172–38173                         Well logging, tracer, and field flood study licenses;
NOTICES                                                               program-specific guidance, 38223–38224
Public land orders:                                          Applications, hearings, determinations, etc.:
  Colorado, 38211–38212                                        Arizona Public Service Co., 38219–38220
  Montana, 38212                                               Florida Power & Light Co., 38220–38221
Realty actions; sales, leases, etc.:                           Wolf Creek Nuclear Operating Corp., 38221–38223
  Idaho, 38212–38213
Survey plat filings:
  Wisconsin, 38213                                           Pension Benefit Guaranty Corporation
                                                             RULES
Withdrawal and reservation of lands:
  Colorado, 38213–38214                                      Single-employer plans:
                                                               Allocation of assets—
Minerals Management Service                                      Interest assumptions for valuing benefits, 38114–38115
RULES                                                        NOTICES
Royalty management:                                          Multiemployer plans and single-employer plans:
  Electronic submission of royalty and production reports,    Interest rates and assumptions, 38224–38225
      38116–38124
                                                             Postal Service
National Indian Gaming Commission                            NOTICES
PROPOSED RULES                                               Postage meters:
Administrative practice and procedure:                         Information-based indicia program; performance criteria
 Litigation involving agency; testimony, information, and          and security architecture for open IBI postage
      response to subpoena, 38164–38165                            evidencing systems, 38225
National Institutes of Health
NOTICES                                                      Public Debt Bureau
Meetings:                                                    See Fiscal Service
 National Cancer Institute, 38208
 National Institute of Arthritis and Musculoskeletal and     Public Health Service
      Skin Diseases, 38208                                   See Food and Drug Administration
 National Library of Medicine, 38208–38209                   See National Institutes of Health
VI                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Contents


Reclamation Bureau                                           RULES
NOTICES                                                      Economic regulations:
Environmental statements; availability, etc.:                  Airline code-sharing arrangements, long-term wet leases,
  Central Valley Project Improvement Act—                           and change-of-gauge services; disclosure, 38111–
    Project Simulation Model hydrology, 38214                       38114

Research and Special Programs Administration                 Treasury Department
PROPOSED RULES                                               See Customs Service
Pipeline safety:                                             See Fiscal Service
  Hazardous liquid transportation—                           See Foreign Assets Control Office
    Areas unusually sensitive to environmental damage;       NOTICES
         pilot testing, 38173–38175                          Agency information collection activities:
                                                               Submission for OMB review; comment request, 38234
Securities and Exchange Commission                           Organization, functions, and authority delegations:
NOTICES                                                        Assistant Secretary for Management and Chief Financial
Self-regulatory organizations; proposed rule changes:              Officer, 38234–38235
  National Association of Securities Dealers, Inc., 38226–
       38227                                                 United States Information Agency
  New York Stock Exchange, Inc., 38228                       NOTICES
                                                             Grants and cooperative agreements; availability, etc.:
Small Business Administration                                  Mexico, Central America, and Caribbean; regional
NOTICES
                                                                   educational advising coordinator, 38238–38240
Agency information collection activities:                      Mexico City, Mexico; educational advising center, 38236–
 Proposed collection; comment request, 38228–38229
                                                                   38238
Social Security Administration
NOTICES
Agency information collection activities:                    Separate Parts In This Issue
 Proposed collection and submission for OMB review;
     comment request, 38229–38230                            Part II
                                                             Department of Labor, Employment and Training
Surface Mining Reclamation and Enforcement Office                Administration, 38243–38245
PROPOSED RULES
Permanent program and abandoned mine land reclamation        Part III
    plan submissions:                                        Department of Education, 38247–38270
  Indiana, 38165–38166
                                                             Part IV
Surface Transportation Board
                                                             Department of Education, 38271–38282
NOTICES
Railroad operation, acquisition, construction, etc.:
  Burlington Northern & Santa Fe Railway Co., 38233–         Part V
      38234                                                  Department of Housing and Urban Development, 38283–
                                                                 38286
Transportation Department
See Coast Guard
See Federal Aviation Administration                          Reader Aids
See Federal Highway Administration                           Consult the Reader Aids section at the end of this issue for
See Research and Special Programs Administration             phone numbers, online resources, finding aids, reminders,
See Surface Transportation Board                             and notice of recently enacted public laws.
                                     Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Contents   VII

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.

7 CFR
47.....................................38103
319...................................38108
Proposed Rules:
1131.................................38144
9 CFR
Proposed Rules:
3.......................................38145
12 CFR
615...................................38110
14 CFR
257...................................38111
258...................................38111
Proposed Rules:
39 (5 documents) ...........38150,
    38152, 38154, 38156, 38157
17 CFR
Proposed Rules:
1.......................................38159
24 CFR
Proposed Rules:
290...................................38284
25 CFR
Proposed Rules:
516...................................38164
29 CFR
4044.................................38114
30 CFR
210...................................38116
216...................................38116
Proposed Rules:
914...................................38165
31 CFR
306...................................38124
32 CFR
989...................................38127
33 CFR
Proposed Rules:
110...................................38166
34 CFR
Proposed Rules:
600...................................38272
668...................................38272
40 CFR
60.....................................38241
43 CFR
Proposed Rules:
2530.................................38172
48 CFR
6103.................................38143
49 CFR
Proposed Rules:
195...................................38173
                                                                                                                              38103

Rules and Regulations                                                                       Federal Register
                                                                                            Vol. 64, No. 135

                                                                                            Thursday, July 15, 1999



This section of the FEDERAL REGISTER            settlement between the disputing               McCarron’s comments touched on
contains regulatory documents having general    parties. About 75 percent of all            several points. With regard to § 47.6(a),
applicability and legal effect, most of which   reparation complaints are resolved          he suggested that the appropriate period
are keyed to and codified in the Code of        informally, generally within eight          of time to elapse before a file is
Federal Regulations, which is published under   weeks. However, if an informal              permanently closed be left to the
50 titles pursuant to 44 U.S.C. 1510.
                                                settlement is not reached, there is a       judgment of the Deputy Administrator,
The Code of Federal Regulations is sold by      formal complaint procedure available        and that it not exceed 20 days. The
the Superintendent of Documents. Prices of      under which USDA’s Judicial Officer         proposed amendment to § 47.6(a)
new books are listed in the first FEDERAL       issues a binding decision in the case.      allowed a complainant nine months to
REGISTER issue of each week.                    The Rules of Practice applicable to         file a formal complaint after informal
                                                reparation proceedings inform the           handling had been completed. After
                                                industry of USDA’s procedures and           further consideration, we agree that a 9-
DEPARTMENT OF AGRICULTURE                       requirements for the handling of            month period allows more time than is
                                                informal and formal complaints under        needed for a complainant to decide to
Agricultural Marketing Service                  the PACA.                                   proceed with a formal complaint.
7 CFR Part 47                                      A proposed rule to amend the             However, the suggested 20-day period is
                                                regulations was published in the            considered too short. Therefore, the
[Docket Number FV98–358]                        Federal Register on January 28, 1999        final rule provides a complainant with
                                                (64 FR 4342). The proposal amended          90 days to file a formal complaint after
Amendments to Rules of Practice                 several sections of the Rules of Practice   the informal handling by the PACA
Under the Perishable Agricultural               to comply with the PACA Amendments          Branch has been completed. McCarron
Commodities Act (PACA)                          of 1995, and made numerous other            further suggested that the wording of
AGENCY:  Agricultural Marketing Service,        changes to enhance customer service.        this section clarify that the waiver of
USDA.                                           Comments on the proposed rule were to       further proceedings applies only to
ACTION: Final rule.                             be submitted by March 1, 1999. The          actions before the Secretary of
                                                Agricultural Marketing Service (AMS)        Agriculture. The Rules of Practice under
SUMMARY: The Department of                      received two comments.                      the Perishable Agricultural
Agriculture (USDA) is amending the                 We received comments from JSG            Commodities Act (other than formal
Rules of Practice under the Perishable          Trading Corp. (JSG), Tinton Falls, New      disciplinary proceedings) apply,
Agricultural Commodities Act (other             Jersey and McCarron & Associates            however, only to reparation proceedings
than formal disciplinary proceedings).          (McCarron), Washington, D.C. JSG            filed before the Secretary of Agriculture.
In addition to bringing several sections        objected to the Department of               Therefore, with the exception of the
of the Rules of Practice into compliance        Agriculture’s (USDA) handling of            change discussed above, § 47.6(a) will
with the PACA Amendments of 1995,               reparation cases in general. McCarron       remain as proposed.
USDA is making other changes to                 suggested some additional revisions to         With regard to § 47.9, McCarron
enhance customer service.                       further enhance customer service.           addressed the proposed requirement
EFFECTIVE DATE: August 16, 1999.                   In its comment, JSG objected to the      that complainant in a reparation
FOR FURTHER INFORMATION CONTACT:                preparation of draft reparation decisions   complaint respond to a counterclaim or
Charles W. Parrott, Assistant Chief,            by PACA Branch personnel (§ 47.2(i)).       be held to have admitted the
PACA Branch, Room 2095-So. Bldg.,               The commentor questioned whether            respondent’s allegations contained in
Fruit and Vegetable Division, AMS,              PACA personnel could be impartial in        the counterclaim. McCarron stated that
USDA, Washington, D.C. 20250, Phone             the preparation of such drafts. We          this alteration is overly legalistic, adds
(202) 720–4180, Email—                          believe that the commentor’s concern is     nothing to assist the decision-maker,
charles.parrott@usda.gov.                       misplaced because the knowledge and         and unduly delays resolution of the
SUPPLEMENTARY INFORMATION:                      expertise of PACA personnel have            matter. We are making no change to the
                                                always been utilized in resolving           rule based on this comment because a
Background                                      disputes involving perishable               counterclaim has the same weight in the
   The Perishable Agricultural                  agricultural commodities. These             formal complaint process as does a
Commodities Act (PACA or Act)                   services are routinely sought by the        complaint, and it is a matter of equity
establishes a code of fair trading              parties involved. USDA, of course, has      that both parties be treated equally and
practices for the marketing of fresh and        no vested interest in the outcome of any    be required to answer any positive
frozen fruits and vegetables in interstate      complaints. PACA Branch personnel           charges against them. No changes to the
and foreign commerce. The Act requires          have a widely recognized history of         final rule are necessary.
that parties fulfill their contractual          professional impartiality. Moreover, we        With regard to §§ 47.15(a)(1) and
obligations, and provides a forum where         believe that the commentor’s concern is     47.16(a), McCarron stated that it is not
firms that buy and sell fruits and              more than adequately addressed by the       clear that the examiner who may grant
vegetables can settle commercial                provision which requires that all draft     a hearing or authorize taking
disputes outside of the civil court             decisions prepared by PACA Branch           depositions in connection with an oral
system. Under the PACA, these                   personnel be reviewed by an attorney        hearing, is the presiding officer or an
disputes, or reparation complaints, are         employed by the Office of the General       agency employee. This was addressed in
handled first on an informal basis in an        Counsel. Therefore, AMS is making no        the change to § 47.2(i), where it is made
attempt to achieve an amicable                  change based on this comment.               clear that agency employees are to act as
38104          Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

examiners solely in cases handled            Administrative Law Judges because they          a complaint and the filing of a
through the documentary procedure. No        do not participate in reparation cases          counterclaim or set-off.
change in the final rule is necessary.       and do not write examiner’s reports.               With the new expanded definition of
   With regard to § 47.20, McCarron          The definitions of ‘‘mail’’ and ‘‘re-mail’’     examiner in § 47.2(i), § 47.11 was
suggested the addition of language to        were expanded to allow for additional           amended to clarify that only OGC
clarify that the $30,000 figure for          methods of service to include                   attorneys, and not other USDA
determining whether a complaint may          commercial or private mail delivery             employees, are granted certain powers
be handled through oral hearing, should      services. The section regarding informal        under this section of the regulations
be the principal amount of the claim         complaints, § 47.3, was revised to              because only OGC attorneys conduct
only, and should not include interests       require that the complaint be in writing        oral hearings. The examiner’s powers
and/or costs associated with the claim.      and allow for the filing of an informal         now include the ability to require
We agree with his suggestion. Therefore,     complaint by facsimile transmission. In         parties to provide copies of exhibits
we have changed the final rule to reflect    addition, the information required in an        prior to hearings and depositions in any
that the $30,000 threshold amount for        informal complaint was revised for              type of hearing.
an oral hearing not include accrued          clarification purposes. The revision               The Rules of Practice were amended
interest.                                    changed ‘‘car initial and number, if            to comply with the 1995 PACA
   Finally, McCarron suggested that a        carlot;’’ to read ‘‘carrier identification;’’   Amendments which raised the
time limit be placed on USDA for the         and corrected a typographical error in          minimum claim for damages required
resolution of informal complaints and        § 47.3(a) (2) (vii) by inserting the word       for an oral hearing from $15,000 to
for the issuance of decision and orders,     ‘‘and’’ between the words ‘‘gross net.’’ A      $30,000. Sections 47.11 and 47.16 were
from the time the case is ready for          statement regarding the required filing         amended to clarify that subpoenas or
decision. Such restricted deadlines          fee of $60.00 was added to the text.            orders for depositions are made over the
could, however, run afoul of conditions      Additionally, paragraph (c) of that             facsimile signature of the Secretary. In
outside the control of the agency. In        section regarding the ‘‘Status of person        addition, the regulations regarding oral
fact, most informal complaints are at        filing informal complaint’’ was                 hearings no longer permit a complainant
present being resolved within 90 days of     eliminated because it is not pertinent to       to submit evidence in the form of
their opening, and the great majority of     these regulations.                              depositions in lieu of appearing in
documentary procedure decisions are             Section 47.4, which addresses service        person or by counsel. Instead, all parties
being issued within 90 days from the         matters, was revised to permit the              are now required to appear in person or
time the case is ready for decision.         commercial or the private delivery of           through a representative at oral
   Agricultural Marketing Service (AMS)      certain documents and now describes             hearings.
believes that the amendments to the          when service is perfected under the                The section which discusses the
Rules of Practice will enhance customer      various mailing options. Additionally,          deposition process was expanded to
service by allowing certain documents        the reference to the service of the Chief’s     include references to the possibility of
in formal PACA reparation proceedings        determination that a person was                 depositions in a case that is converted
to be served via private or commercial       responsibly connected with a licensee           from an oral hearing case to a
mail delivery, in addition to service by     was deleted from paragraph (b)(1)               documentary procedure case.
certified or registered mail.                because this issue is addressed in                 In order to ensure sufficient
   The amendments clarify certain            § 47.49 of the regulations (7 CFR 47.49).       opportunity for review by the examiner
regulations and definitions. Throughout         The section that delineates formal           and sufficient notice to the individual
the Rules of Practice, the term              complaints in the Rules of Practice was         who is subpoenaed, § 47.17 was
‘‘shortened procedure’’ was replaced         changed to include the requirement that         amended to require that applications for
with ‘‘documentary procedure’’ to            a formal complaint be filed within              subpoena be received at least thirty days
reflect more accurately a formal             ninety days of notification that                prior to the hearing or deposition date,
reparation process that does not involve     complainant may proceed formally, or            and that the subpoena be issued at least
an oral hearing.                             the complainant loses the opportunity           twenty days before the date of
   Due to the reorganization of AMS, the     to proceed with a formal complaint.             appearance. An exception may be made
definition of the ‘‘Fruit and Vegetable      Additionally, the rules were revised to         for good cause shown.
Programs’’ was substituted for the           require that a $300.00 handling fee must           All filings with regard to claims for
definition of ‘‘Division,’’ the definition   accompany the filing of a formal                fees and expenses in oral hearing cases
of ‘‘Associate Administrator’’ was           complaint or counterclaim before AMS            and the resultant objections will now be
substituted for the definition of ‘‘Deputy   will serve the complaint on the                 filed with the Hearing Clerk instead of
Administrator,’’ and the definition of       respondent(s). The handling fee for             the examiner in order to ensure that the
‘‘Deputy Administrator’’ was substituted     formal complaints was included in the           documents are properly filed into the
for the definition of ‘‘Director.’’          Rules of Practice to comform with the           official record kept by the Hearing
Additionally, the words ‘‘Program’’ and      PACA Amendments of 1995.                        Clerk. The Hearing Clerk’s Office is now
‘‘Deputy Administrator’’ were                   Significant changes were made to             the appropriate place to file petitions for
substituted for ‘‘Division’’ and             § 47.9, which addresses the reply to a          rehearing, reargument, reconsideration
‘‘Director’’ respectively, wherever they     counterclaim or set-off. The                    of orders, reopening of hearings and
appeared in Part 47. The term                counterclaim or set-off will now be             reopening after a default. The
‘‘examiner’’, § 47.2(i)(1) was expanded      treated as a formal complaint filed by          regulations were revised by replacing
to indicate that senior marketing            the respondent, and therefore, failure to       the words ‘‘hearing clerk’’ with the
specialists may also prepare decisions       reply will be a default on complainant’s        words ‘‘Hearing Clerk’.
in shortened or ‘‘documentary                part as to the counterclaim or the set-off.        As previously stated, the term
procedure’’ cases subject the review of      In the previous rules, a failure to file a      ‘‘shortened procedure’’ was changed to
USDA’s Office of the General Counsel         reply was treated as a denial of the            ‘‘documentary procedure’’. In the
(OGC). The definition of ‘‘examiner’s        allegations of the counterclaim or set-         documentary procedure section, the rule
report’’ in § 47.2(j) was shortened to       off, whereas the revised rules have             regarding verification of pleadings or
eliminate the references to                  created a parallel between the filing of        statements was expanded to note that
               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                                38105

certification by a notary public alone is    PACA licensees, a majority of which             For the reasons set forth in the
not sufficient; rather, a signed verifying   may be classified as small entities.          preamble, 7 CFR part 47 is amended as
statement must be appended to the               The revisions to the PACA Rules of         follows:
document.                                    Practice streamline USDA procedures
   Procedures for requesting a reopening     and requirements for handling of              PART 47—[AMENDED]
after a default were removed from the        informal and formal complaints under
                                                                                             1. The authority citation for part 47 is
provision that covers filing, extensions     the PACA. In Fiscal Year 1998, there
                                                                                           revised to read as follows:
of time, effective date of filing,           were 2198 informal reparation claims,
computations of time, and official notice    21 counterclaims, and 563 formal                Authority: 7 U.S.C. 499o; 7 CFR
                                             reparation cases filed with USDA under        2.22(a)(1)(viii)(L), 2.79(a)(8)(xiii).
and were moved to the more
appropriate section that deals with          the PACA. The revisions to the                   2. Section 47.2 is amended by
rehearing, reargument, reconsideration       reparation Rules of Practice apply only       removing paragraph (j)(2) and
of orders, and reopening of hearings. In     to firms that utilize USDA’s service for      redesignating paragraph (j)(1) as
addition, the provision for reopening        resolving commercial disputes under           paragraph (j) and revising paragraphs
after a default was revised to permit a      the PACA. AMS believes that these             (e), (g), (h), (i), (s), and (t) to read as
petition to reopen the proceedings to be     revisions to the Rules of Practice will       follows:
filed before the expiration of 30 days       enhance customer service to the
                                             industry by expediting the handling of        § 47.2   Definitions.
from the date of issuance of the default
order. This revision eliminates any          documents in PACA reparation                  *      *     *    *     *
confusion that existed in the previous       proceedings. Most of the revisions               (e) Associate Administrator means the
regulation because it did not provide a      provide notice to claimants of the            Associate Administrator of the Service,
time certain for filing. The amendment       procedure that AMS will now follow in         or any officer or employee of the Service
clarified that the filing must be made       adjudicating claims. For example, the         to whom authority has heretofore
before the Default Order becomes final.      proposed revision that provides for           lawfully been delegated, or to whom
For all filings, the provision for           additional methods of service of formal       authority may hereafter lawfully be
computation of time was revised to           documents by AMS will not produce             delegated, to act in his or her stead.
include Saturdays as well as Sundays         any economic effect on licensees              *      *     *    *     *
and holidays.                                initially. But, if the use of commercial         (g) Fruit and Vegetable Programs
                                             and/or express delivery services take the     means the Fruit and Vegetable Programs
Executive Orders 12866 and 12988             place of certified mail, licensees may be     of the Agricultural Marketing Service.
  This final rule, issued under the          required to absorb the additional costs          (h) Deputy Administrator means the
Perishable Agricultural Commodities          through marginally higher user fees.          Deputy Administrator of the Fruit and
                                                There are some revisions, however,         Vegetable Programs or any officer or
Act (7 U.S.C. 499 et seq.), as amended,
                                             that will affect the rights and obligations   employee of the Fruit and Vegetable
has been determined to be not
                                             of claimants. For example, claimants          Programs to whom authority has
significant for the purposes of Executive
                                             must be certain to adhere to the filing       heretofore lawfully been delegated, or to
Order 12866, and therefore, has not
                                             requirements for both informal and            whom authority may hereafter lawfully
been reviewed by the Office of
                                             formal complaints, which require the          be delegated by the Deputy
Management and Budget (OMB).
                                             payment of statutorily mandated filing        Administrator, to act in his stead.
  This final rule has been reviewed          and handling fees, respectively. If the
under Executive Order 12988, Civil                                                            (i) Examiner. In connection with
                                             required fees do not accompany a filing,      reparation proceedings, the term
Justice Reform, and is not intended to       a claimant may lose access to the
have retroactive effect. This final rule                                                   ‘‘examiner’’ is synonymous with
                                             reparation forum. These revisions, and        ‘‘presiding officer’’ and means any
will not preempt any State or local laws,    others, may affect a claimant’s due
regulations, or policies, unless they                                                      attorney employed in the Office of the
                                             process rights, which are difficult to        General Counsel of the Department, or
present an irreconcilable conflict with      quantify. However, since the reparation
this rule. There are no administrative                                                     in connection with reparation
                                             forum is but one available means to           proceedings conducted pursuant to the
procedures which must be exhausted           resolve contract disputes concerning
prior to any judicial challenge to the                                                     documentary procedure in § 47.20, the
                                             perishable agricultural products in           term ‘‘examiner’’ may mean any other
provisions of this rule.                     interstate commerce, AMS has                  employee of the PACA Branch whose
Effects on Small Businesses                  determined that the provisions of this        work is reviewed by an attorney
                                             final rule will not have a significant        employed in the Office of the General
   Pursuant to requirements set forth in     economic impact on a substantial
the Regulatory Flexibility Act (RFA) (5                                                    Counsel of the Department.
                                             number of small entities.
U.S.C. 601 et seq.), USDA has                                                              *      *     *    *     *
considered the economic impact of this       Paperwork Reduction Act                          (s) Mail means to deposit an item in
final rule on small entities. The purpose       The Paperwork Reduction Act of 1995        the United States Mail with postage
of the RFA is to fit regulatory actions to   does not apply to this final rule since it    affixed and addressed as necessary to
the scale of businesses subject to such      does not seek answers to identical            cause it to be delivered to the address
actions in order that small businesses       questions or reporting or recordkeeping       shown by ordinary mail, or by certified
will not be unduly or disproportionately     requirements imposed on ten or more           mail or registered mail if specified, or to
burdened. Small agricultural service         persons, and the information collected        cause a properly addressed item to be
firms have been defined by the Small         is not used for general statistical           delivered by a commercial or private
Business Administration (13 CFR part         purposes.                                     mail delivery service to the address
121) as those whose with less than 500                                                     shown.
employees. The PACA requires all             List of Subjects in 7 CFR Part 47                (t) Re-mail means to mail by ordinary
businesses that operate subject to its         Administrative practice and                 mail to an address an item that has been
provisions maintain a license issued by      procedure, Agricultural commodities,          returned after being sent to the same
USDA. There are approximately 15,700         Brokers.                                      address by certified or registered mail or
38106           Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

by a commercial or private mail delivery        known principal address of such               required by the Act for formal
service.                                        person, last know principal place of          complaints.
   5. In § 47.3, the first sentence in          business of the attorney or                   *     *     *     *     *
paragraph (a)(2) and paragraph (a)(2)(iv)       representative of record of such person,        10. In § 47.9, paragraphs (b) and (c)
are revised, in paragraph (a)(2)(vii) the       or last known residence of such person        are revised to read as follows:
word ‘‘and’’ is added between the words         if an individual;
‘‘gross’’ and ‘‘net’’, paragraph (c) is                                                       § 47.9    The reply.
                                                *      *     *     *     *
removed, and a new paragraph (a)(4) is             (d) * * *                                  *      *     *     *      *
added to read as follows:                                                                        (b) Contents. The reply shall be
                                                   (1) A certified or registered mail
                                                                                              confined strictly to the matters alleged
§ 47.3 Institution of proceedings.              receipt returned by the postal service
                                                                                              in the counterclaim or set-off in the
  (a) * * *                                     with a signature, or a signed receipt
                                                                                              answer. It shall contain a precise
  (1) * * *                                     returned by a private or commercial
  (2) Informal complaints may be made                                                         statement of the facts which constitute
                                                mail delivery service;
in writing by telegram, by letter, or by                                                      the grounds of defense to the
                                                *      *     *     *     *                    counterclaim or set-off, and shall
facsimile transmission, setting forth the          8. In § 47.6, paragraphs (a) and (c) are
essential details of the transaction                                                          specifically admit, deny, or explain each
                                                revised to read as follows:                   of the allegations of the counterclaim or
complained of. * * *
                                                § 47.6   Formal complaints.                   set-off, unless the complainant is
*     *      *      *     *                                                                   without knowledge, in which case the
  (iv) Carrier identification;                     (a) Filing; contents; number of copies.    reply shall so state; or a statement that
*     *      *      *     *                     (1) If the procedure provided in § 47.3(b)    the complainant admits all of the
  (4) The informal complaint shall be           fails to effect an amicable or informal       allegations of the counterclaim or set-
accompanied by a filing fee of $60 as           settlement, the person who filed the          off; or a statement containing an
required by the Act.                            informal complaint may, if further            admission of liability in an amount less
*     *      *      *     *                     proceedings are desired, file a formal        than that alleged in the counterclaim or
  7. Section 47.4 is amended by revising        complaint with the Fruit and Vegetable        set-off and a denial of liability for the
the section heading and paragraphs              Programs. The formal complaint shall be       remaining amount.
(b)(1), (b)(3), (c)(1), and (d)(1) to read as   filed within ninety days of notification         (c) Failure to file reply. Failure to file
follows:                                        of the opportunity to proceed formally.       a reply shall be deemed a waiver of
                                                Failure to file a formal reparation           hearing on the counterclaim or set-off
§ 47.4 Service and proof of service.
                                                complaint within the time prescribed          and an admission of the allegations
*      *    *     *     *                       shall result in the waiver of further
   (b) Service on Party. (1) Any                                                              contained in the counterclaim or set-off.
                                                proceedings on the claim alleged in the       If no reply is filed, the allegations of the
complaint or other document initially           informal complaint.
served on a person to make that person                                                        counterclaim or set-off shall be deemed
                                                   (2) The formal complaint shall set         admitted.
a party respondent in a proceeding, a           forth the information and be
final order, or other document                                                                   11. In § 47.11, the introductory text of
                                                accompanied by the papers indicated in        paragraph (c), and paragraphs (c)(4),
specifically ordered by the presiding
                                                § 47.3(a)(2) and (3), including a             (c)(9), (c)(10) and (c)(13) are revised to
officer or Judicial Officer to be served by
                                                statement of the amount of damages            read as follows:
certified or registered mail, or
                                                claimed, with the basis therefor, and the
commercial or private mail delivery                                                           § 47.11    Examiners.
                                                method of determination. The original
service, shall be deemed to be received
                                                and three copies shall be furnished for       *      *     *    *     *
by any party to a proceeding on the date
                                                filing, and service on the respondent. If        (c) Powers. Subject to review by the
of delivery by certified or registered
                                                there is more than one respondent, a          Secretary, as provided in this Part, the
mail, or commercial or private mail
                                                further copy shall be furnished for each      examiner who is an attorney employed
delivery service to the last known
                                                additional respondent.                        in the Office of the General Counsel of
principal place of business of such
                                                *      *     *     *     *                    the Department, in any proceeding
party, last known principal place of
                                                   (c) Service upon respondent; proof of      assigned to him or her, shall have power
business of the attorney or
                                                service. Upon receipt by the Fruit and        to:
representative of record of such party,
last known residence of such party if an        Vegetable Programs of the formal              *      *     *    *     *
individual: Provided, That, if any such         complaint, the accompanying papers               (4) Issue subpoenas over the facsimile
document or paper is sent by certified,         and the $300 handling fee required by         signature of the Secretary requiring the
registered, commercial, or private mail,        the Act, a copy thereof shall be served       attendance and testimony of witnesses
but is returned, it shall be deemed to be       by the Fruit and Vegetable Programs           and the production of books, contracts,
received by such party on the date of the       upon the respondent in accordance with        papers, and other documentary
re-mailing by ordinary mail to the same         § 47.4. If the complaint is not in the        evidence;
address.                                        proper form, the Fruit and Vegetable          *      *     *    *     *
*      *    *     *     *                       Programs shall return it and inform the          (9) Require each party, prior to any
   (3) Any document or paper served             complainant of the deficiencies therein.      hearing, to provide all other parties and
other than by certified, registered,            *      *     *     *     *                    the examiner with a copy of any exhibit
commercial, or private mail on any                 9. In § 47.8, paragraph (a) is amended     that the party intends to introduce into
party to a proceeding shall be deemed           by adding a sentence at the end of the        evidence;
to be received by such party on the date        section to read as follows:                      (10) Require each party, prior to any
of:                                                                                           deposition, to provide all other parties
                                                § 47.8   The answer.                          and the examiner with a copy of any
*      *    *     *     *
   (c) * * *                                      (a) * * * If the answer includes a          document that the party intends to use
   (1) Delivery by certified, registered,       counterclaim, the answer shall be             to examine a deponent;
commercial, private or mail to the last         accompanied by the $300 handling fee          *      *     *    *     *
                 Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                         38107

  (13) Do all acts and take all measures       § 47.16   Depositions:                       Hearing Clerk on the other party or
necessary for the maintenance of order            (a) Application for taking deposition.    parties to the proceeding.
and for the efficient conduct of the           Upon the application of a party to the          (5) Objections to claim. Within 20
proceeding.                                    proceeding, the examiner as defined in       days after being served with a copy of
*     *     *     *     *                      § 47.2(i)(1) may, except as provided in      a claim for fees and expenses, the party
  12. In § 47.12, the introductory text is     paragraph (b) of this section, at any time   so served may file with the Hearing
revised to read as follows:                    after the filing of the moving papers,       Clerk written objections to the
                                               order, over the facsimile signature of the   allowance of any or all of the items
§ 47.12   Intervention.                        Secretary, the taking of testimony by        claimed. If evidence is offered in
  At any time after the institution of a       deposition. The application shall be in      support of an objection, it must be in
proceeding and before it has been              writing, shall be filed with the Hearing     affidavit form. A copy of any such
submitted to the Secretary for final           Clerk, and shall set forth:                  objections shall be served by the
consideration, the Secretary or the                                                         Hearing Clerk on the other party or
                                               *      *     *     *     *
examiner as defined in § 47.2(i)(1) may,          (b) Examiner’s order for taking           parties.
upon petition in writing and for good                                                          (6) Reply to objections to claim. A
                                               deposition. (1) If, after examination of
cause show, permit any person to                                                            claimant who is served with a copy of
                                               the application, the examiner is of the
intervene therein. The petition shall                                                       objections to his or her claim may,
                                               opinion that the deposition should be        within 20 days after such service, file
state with preciseness and particularity:      taken, or if the parties are using           with the Hearing Clerk a reply to such
*     *     *     *     *                      depositions in lieu of affidavits
  13. In § 47.15, paragraphs (a)(1), (a)(2),                                                objection. If evidence is offered in
                                               pursuant to § 47.20(b)(2), the examiner      support of a reply, it must be in affidavit
(b) and (d)(1) are revised to read as          shall order the taking of the deposition.    form. A copy of any such reply shall be
follows:                                       In no case, except for good cause shown,     served by the Hearing Clerk on the other
                                               may the examiner order the taking of a       party or parties.
§ 47.15 Oral hearing before the examiner.
                                               deposition less than 10 days prior to the
   (a) When permissible. (1) Where the         designated date of deposition. The order     *      *     *     *     *
amount of the damages claimed, either                                                          17. In § 47.20, the section heading, the
                                               shall be filed with the Hearing Clerk
in the complaint or in the counterclaim,                                                    first sentence in paragraph (a),
                                               upon the parties in accordance with
does not exceed $30,000 (excluding                                                          paragraphs (b)(1), (b)(2), and the
                                               § 47.4.
interest), an oral hearing shall not be                                                     introductory text of paragraph (h) are
held, unless deemed necessary or               *      *     *     *     *                   revised to read as follows:
                                                  15. In § 47.17, a sentence is added at
desirable by the Fruit and Vegetable                                                        § 47.20   Documentary procedure.
                                               the end of paragraph (a) to read as
Programs or unless granted by the
                                               follows:                                        (a) In general. The documentary
examiner as defined in § 47.2(i)(1), upon
                                                                                            procedure described in this section
application of complainant or                  § 47.17   Subpoenas.                         shall, whenever it is applicable as
respondent setting forth the peculiar            (a) Issuance of subpoenas. * * *           provided in paragraph (b) of this
circumstances making an oral hearing           Except for good cause shown,                 section, take the place and serve in lieu
necessary for a proper presentation of         applications for subpoenas shall be filed    of the oral hearing procedure
the case.                                      with the Hearing Clerk at least 30 days      hereinbefore provided. Under the
   (2) Where the amount of damages             prior to the designated date of hearing      documentary procedure, the pleadings
claimed, either in the complaint or in         or deposition. Except for good cause         of the parties, if verified in accordance
the counterclaim, is in excess of $30,000      shown, the examiner shall not issue          with paragraph (h) of this section, and
(excluding interest), the procedure            subpoenas less than 20 days prior to the     any report of investigation filed with the
provided in this section (except as            designated date of hearing or                hearing clerk pursuant to § 47.7 will be
provided in § 47.20(b)(2)) shall be            deposition.                                  considered as evidence in the
applicable.
                                               *     *      *    *     *                    proceeding. * * *
   (b) Request for hearing. Any party                                                          (b) When applicable—(1) Where
                                                 16. In § 47.19, paragraphs (d)(1),
may request an oral hearing on the facts                                                    damages claimed do not exceed
                                               (d)(4), (d)(5) and (d)(6) are revised to
by including such request in the                                                            $30,000. The documentary procedure
                                               read as follows:
complaint. Failure to request an oral                                                       provided for in this section shall (except
hearing within the time allowed for            § 47.19 Post-hearing procedure before the    as provided in § 47.15(a)) be used in all
filing of the reply, or within 10 days         examiner.
                                                                                            reparation proceedings in which the
after the expiration of the time allowed       *      *     *    *     *                    amount of damages claimed, either in
for filing an answer, shall constitute a         (d) Claim for award of fees and            the complaint or in the counterclaim,
waiver of such hearing, and any party so       expenses—(1) Filing. Prior to the close      does not exceed $30,000 (excluding
failing to request an oral hearing will be     of the hearing, or within 20 days            interest).
deemed to have agreed that the                 thereafter, each party may file with the        (2) Where damages claimed exceed
proceeding may be decided upon a               Hearing Clerk a claim for the award of       $30,000. In any proceeding in which the
record formed under the documentary            the fees and expenses which he               amount of damages claimed, either in
procedure provided in § 47.20.                 incurred in connection with the oral         the complaint or in the counterclaim, is
*      *     *     *     *                     hearing. No award of fees and expenses       greater than $30,000 (excluding
   (d) Appearances—(1) Representation.         to the prevailing party and against the      interest), the examiner, whenever he or
In any proceeding under the Act, the           losing party shall be made unless a          she is of the opinion that proof may be
parties may appear in person or by             claim therefor has been filed, and failure   fairly and adequately presented by use
counsel or other representative.               to file a claim within the time allowed      of the documentary procedure provided
*      *     *     *     *                     shall constitute a waiver thereof.           for in this section, shall suggest to the
   14. In § 47.16, the introductory text of    *      *     *    *     *                    parties that they consent to the use of
paragraph (a), and paragraph (b)(1) are          (4) Service of claim. A copy of each       such procedure. Parties are free to
revised to read as follows:                    such claim filed shall be served by the      consent to such procedure if they
38108            Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

choose, and declination of consent will       made by petition to the Secretary filed             23. Part 47 is amended by removing
not affect or prejudice the rights or         with the Hearing Clerk within 20 days            the words ‘‘Director’’ and ‘‘Director’s’’,
interests of any party. A party, if he or     after the date of service of the order.          and adding in their place the words
she has not waived oral hearing, may          Every such petition shall state                  ‘‘Deputy Administrator’’ and ‘‘Deputy
consent to the use of the documentary         specifically the matters claimed to have         Administrator’s’’ respectively,
procedure on the condition that               been erroneously decided and the                 everywhere they appear.
depositions rather than affidavits be         alleged errors. If the Secretary concludes         Dated: July 12, 1999.
used. In such case, if the other party        that the questions raised by the petition        Robert C. Keeney,
agrees, depositions shall be required to      have been sufficiently considered in the         Deputy Administrator, Fruit and Vegetable
be filed in lieu of verified statements. If   issuance of the order, the Secretary shall       Programs.
any party who has not waived oral             dismiss the petition without service on          [FR Doc. 99–18047 Filed 7–14–99; 8:45 am]
hearing does not consent to the use of        the other party. Otherwise, the Secretary
                                                                                               BILLING CODE 3410–02–P
the documentary procedure, the                shall direct that a copy of the petition
proceeding will be set for oral hearing.      be served upon such party by the
The suggestion that the documentary           Hearing Clerk. The filing of a petition to       DEPARTMENT OF AGRICULTURE
procedure be used need not originate          rehear or reargue a proceeding, or to
with the examiner. Any party may              reconsider an order, shall automatically         Animal and Plant Health Inspection
address a request to the examiner asking      operate to set aside the order pending           Service
that the documentary procedure be             final action on the petition. Only one
used.                                         petition to rehear, reargue, or reconsider       7 CFR Part 319
*     *     *     *      *                    will be accepted from each party, except         [Docket No. 98–021–2]
  (h) Verification. Verification shall be     when a mathematical or typographical
made under oath of any facts set forth        error appears in either the original             Cut Flowers
in the pleading or statement, by the          decision and order or in the decision on
person who signs the pleading or              reconsideration.                                 AGENCY:  Animal and Plant Health
statement. Certification by a notary                                                           Inspection Service, USDA.
                                              *      *     *     *     *
public is insufficient. The form of                                                            ACTION: Final rule.
                                                 (d) Reopening after default. The party
verification may be as follows:               in default in the filing of an answer or         SUMMARY:    We are amending the cut
*     *     *     *      *                    reply required or authorized under this          flowers regulations to provide that
  18. Section 47.21 is revised to read as     part may petition to reopen the                  APHIS inspectors will issue a written
follows:                                      proceeding at any time prior to the              notice when pests are detected and
§ 47.21   Transmittal of record.              expiration of 30 days from the date of           action on the part of the importer is
   The Hearing Clerk, immediately after       service of the default order. If, in the         required. We are also amending the
the filing of the examiners’ report, shall    judgment of the examiner, after notice to        regulations to make it clear that the
transmit to the Secretary the record of       and consideration of the views of the            importer of cut flowers is responsible
the proceeding. Such record shall             other party(ies), there is good reason for       for all costs of destroying or otherwise
include: The pleadings; motions and           granting such relief, the party in default       disposing of pest-infested cut flowers
requests filed, and rulings thereon; the      will be allowed 20 days from the date            should the importer choose not to treat
report of investigation conducted by the      of the order reopening the proceeding to         or reexport them. These changes will
Fruit and Vegetable Programs; the             file an answer.                                  help reduce the risk of cut flowers
transcript or record of the testimony            20. In § 47.25, the section heading and       introducing plant pests into the United
taken at the hearing, together with the       paragraph (d) are revised, paragraph (e)         States by ensuring that any necessary
exhibits filed therein; any statements or     is removed and paragraph (f) is                  treatment or other required actions are
                                              redesignated as paragraph (e) to read as         completed.
stipulations filed under the
documentary procedure; any documents          follows:                                         EFFECTIVE DATE: August 16, 1999.
or papers filed in connection with                                                             FOR FURTHER INFORMATION CONTACT: Mr.
                                              § 47.25 Filing; extensions of time; effective
conferences; such proposed findings of        date of filing; computations of time; official
                                                                                               Ronald Campbell, Import Specialist,
fact, conclusions, and orders and briefs      notice.                                          Phytosanitary Issues Management Team,
as may have been permitted to be filed                                                         PPQ, APHIS, 4700 River Road Unit 140,
                                              *      *     *     *   *
in connection with the hearing as                                                              Riverdale, MD 20737–1231; (301) 734–
                                                 (d) Computations of time. Saturdays,          6799; or e-mail:
provided in § 47.19(b) and (c); such          Sundays and holidays shall be included
statements of objections, and briefs in                                                        Ronald.C.Campbell@usda.gov.
                                              in computing the time allowed for the
support thereof, as may have been filed                                                        SUPPLEMENTARY INFORMATION:
                                              filing of any document or paper:
in the proceeding; and the examiner’s         Provided, That, when such time expires           Background
report.                                       on a Saturday, Sunday or Federal                    The regulations in 7 CFR part 319
*      *     *     *     *                    holiday, such period shall be extended           prohibit or restrict the importation of
   19. In § 47.24, the section heading and    to include the next following business           plants, plant parts, and related materials
paragraph (a) are revised and a new           day.                                             to prevent the introduction of foreign
paragraph (d) is added to read as             *      *     *     *   *                         plant pests into the United States. The
follows:
                                                 21. Part 47 is amended by removing            regulations in § § 319.74 through
§ 47.24 Rehearing, reargument,                the words ‘‘hearing clerk’’ and adding in        319.74–4 (referred to below as the
reconsideration of orders, reopening of       their place the words ‘‘Hearing Clerk’’,         regulations) govern the importation of
hearings , reopening after default.           everywhere they appear.                          cut flowers into the United States and
  (a) Petitions to rehear, reargue, and          22. Part 47 is amended by removing            require, among other things, that all cut
reconsider. A petition for rehearing or       the word ‘‘Division’’ and adding in its          flowers be inspected for injurious
reargument of the proceeding, or for          place the words ‘‘Fruit and Vegetable            insects and plant diseases at the port of
reconsideration of the order, shall be        Programs’’, everywhere they appear.              entry.
                Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                           38109

   On January 28, 1999, we published in          In our proposal, we solicited              importers for destruction by APHIS of
the Federal Register (64 CFR 4347–            comments on the potential effects of this     abandoned cut flowers without making
4350, Docket No. 98–021–1) a proposal         action on small entities. In particular,      changes to the regulations. We rejected
to amend the cut flowers regulations to:      we sought data and other information to       the first alternative (making no change
   • Provide that Animal and Plant            determine the number and kind of small        in the regulations) after determining that
Health Inspection Service (APHIS)             entities that may incur benefits or costs     the costs to APHIS are too high to
inspectors will issue a written notice        from the implementation of this rule.         continue destroying or disposing of
when pests are detected at the port of        We received no comments on our Initial        abandoned cut flowers at APHIS’
entry and action is required on the part      Regulatory Flexibility Analysis.              expense. We also rejected the second
of the importer.                                 This rule will help reduce the risk of     alternative (charging importers for
   • Make it clear that the importer of       cut flowers introducing plant pests into      destruction by APHIS of abandoned cut
cut flowers is responsible for all costs of   the United States by ensuring that any        flowers without making changes to the
destroying or otherwise disposing of          necessary treatment or other required         regulations) because we believe it is
pest-infested cut flowers should the          actions are completed. This rule will         necessary to clarify our regulations
importer choose not to treat or reexport      also help reduce costs for the Federal        regarding this issue since they do not
them.                                         Government because it explicitly              currently state that importers are
   We solicited comments concerning           requires that the costs of destroying         responsible for abandoned cut flowers.
our proposal for 60 days ending March         infested or infected cut flowers be the       Because we have elected to exercise our
29, 1999. We received four comments by        responsibility of the importer, owner, or     authority to recover all costs that we
that date. They were from trade               agent or representative of the importer       incur when disposing of abandoned cut
associations and representatives of State     or owner. We estimate that                    flowers, we are amending the cut
and Federal governments. All responses        approximately 200 to 400 boxes of cut         flowers regulations to make them more
were in favor of the proposal.                flowers are abandoned each month at           consistent with our regulations
   One State requested that APHIS             Miami International Airport, the port of      elsewhere in title 7, chapter III, by
inform the State Department of                entry for more than 90 percent of foreign     requiring that the importer, owner, or
Agriculture when it issues an                 cut flowers. Estimates of the annual cost     agent or representative of the importer
emergency action notification (EAN) at        to APHIS for the disposal or destruction      or owner of cut flowers pay all
a port of entry in that State under this      of cut flowers range from $100,000 to         additional costs associated with the
rule. Currently, APHIS’ policy is to          $240,000.                                     importation of cut flowers. APHIS will
make individual EANs available upon              The entities potentially affected by       continue to provide the services of an
request, pursuant to the Freedom of           this rule are importers and others in the     inspector during regular hours of duty at
Information Act. We intend to discuss         United States who are involved in the         the usual place of duty at no cost to the
other options with the State concerning       importation of cut flowers. This rule
                                                                                            importer.
the notification of issuance of EANs.         will increase costs for importers, who
   We have also made one                      will be required to absorb the cost of        Executive Order 12988
nonsubstantive editorial change to            destroying infested or infected flowers          This final rule has been reviewed
clarify that cut flowers must be made         at U.S. ports of entry. The number and        under Executive Order 12988, Civil
available for inspection at the port of       size of those entities potentially affected   Justice Reform. This rule: (1) Preempts
first arrival.                                by this rule are unknown.                     all State and local laws and regulations
   Therefore, for the reasons given in the       It is reasonable to assume that most of
                                                                                            that are inconsistent with this rule; (2)
proposed rule, we are adopting the            the entities potentially affected by this
                                                                                            has no retroactive effect; and (3) does
proposed rule as a final rule, with one       rule are small by U.S. Small Business
                                                                                            not require administrative proceedings
change.                                       Administration (SBA) standards. In
                                                                                            before parties may file suit in court
                                              1992, 99 percent of 4,322 wholesalers of
Executive Order 12866 and Regulatory                                                        challenging this rule.
                                              flowers, nursery stock, and florists’
Flexibility Act                               supplies were considered small entities.      Paperwork Reduction Act
  This rule has been reviewed under           The magnitude of the potential                   This rule contains no new
Executive Order 12866. The rule has           economic effect of this rule on small         information collection or recordkeeping
been determined to be not significant for     entities cannot be determined.                requirements under the Paperwork
purposes of Executive Order 12866 and,           There is reason to believe that the        Reduction Act of 1995 (44 U.S.C. 3501
therefore, has not been reviewed by the       overall economic effect of this rule on       et seq.).
Office of Management and Budget.              small entities will be insignificant,
  In accordance with 5 U.S.C. 604, we         given that the volume of cut flowers          List of Subjects in 7 CFR Part 319
have performed a Final Regulatory             abandoned at U.S. ports of entry is very        Bees, Coffee, Cotton, Fruits, Honey,
Flexibility Analysis, which is set out        small compared to the total volume of         Imports, Logs, Nursery Stock, Plant
below, regarding the economic effect of       imported cut flowers allowed entry into       diseases and pests, Quarantine,
this rule on small entities.                  the United States. In 1996, the United        Reporting and recordkeeping
  This rule amends the cut flowers            States imported approximately 2.5             requirements, Rice, Vegetables.
regulations to provide that inspectors        billion fresh cut flower stems through
                                                                                              Accordingly, we are amending 7 CFR
will issue a written notice when pests        Miami International Airport. No more
                                                                                            part 319 as follows:
are detected in shipments of imported         than 72,000 cut flowers are abandoned
cut flowers and action on the part of the     yearly at Miami International Airport.        PART 319—FOREIGN QUARANTINE
importer is required. This rule also          Abandoned cut flowers, therefore,             NOTICES
makes it clear that the person importing      represent only a small percentage of the
cut flowers, and not APHIS, is                overall volume of cut flower                    1. The authority citation for part 319
responsible for the costs of destroying       importations into the United States.          continues to read as follows:
cut flowers when pests are detected and          Two alternatives to this rule were           Authority: 7 U.S.C. 150dd, 150ee, 150ff,
the cut flowers will not be treated or        considered: (1) To make no changes in         151–167, 450, 2803, and 2809; 21 U.S.C. 136
reexported.                                   the regulations and (2) to begin charging     and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
38110            Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

  2. Subpart—Cut Flowers is revised to        States, move them to an authorized site,        (36 oz. concentration at first 1⁄2 hour)
read as follows:                              and/or apply treatments, clean, or apply        (24 oz. concentration at 2 hours); or
                                              other safeguards to the cut flowers as        31⁄2 lbs. per 1,000 cu. ft. for 2 hours at
Subpart—Cut Flowers
                                              prescribed by the inspector on the PPQ             40–49 °F.
319.74–1 Definitions.                         Form 523. Further, if the importer,             (41 oz. concentration at first 1⁄2 hour)
319.74–2 Conditions governing the entry of                                                    (27 oz. concentration at 2 hours)
    cut flowers.
                                              owner, or agent or representative of the
319.74–3 Importations by the Department.      importer or owner fails to follow the            Note: There is a possibility that some cut
319.74–4 Costs and charges.                   conditions on PPQ Form 523 by the             flowers could be damaged by such
                                              time specified on the form, APHIS will        fumigation.
Subpart—Cut Flowers                           arrange for destruction of the cut               (d) Refusal of entry. If an inspector
                                              flowers, and the importer, owner, or          finds that imported cut flowers are so
§ 319.74–1   Definitions.                     agent or representative of the importer       infested with a plant pest or infected
   Administrator. The Administrator of        or owner will be responsible for all costs    with disease that, in the judgment of the
the Animal and Plant Health Inspection        incurred. Cut flowers that have been          inspector, they cannot be cleaned or
Service, United States Department of          cleaned or treated must be made               treated, or if they contain soil or other
Agriculture, or any employee of the           available for further inspection,             prohibited contaminants, the entire lot
United States Department of Agriculture       cleaning, and treatment at the option of      may be refused entry into the United
delegated to act in his or her stead.         the inspector at any time and place           States.
   Cut flower. The highly perishable          indicated by the inspector before the
commodity known in the commercial             requirements of this subpart will have        § 319.74–3 Importations by the
flower-producing industry as a cut                                                          Department.
                                              been met. Neither the Department of
flower, which is the severed portion of       Agriculture nor the inspector may be            The U.S. Department of Agriculture
a plant, including the inflorescence and      held responsible for any adverse effects      may import cut flowers for experimental
any parts of the plant attached to it, in     of treatment on imported cut flowers.         or scientific purposes under such
a fresh state. This definition does not          (c) Fumigation for agromyzids. (1) Cut     conditions and restrictions as the
include dried, bleached, dyed, or             flowers imported from any country or          Administrator may prescribe to prevent
chemically treated decorative plant           locality and found upon inspection to         the dissemination of plant pests.
materials; filler or greenery, such as fern   be infested with agromyzids (insects of       § 319.74–4   Costs and charges.
fronds and asparagus plumes, frequently       the family Agromyzidae) must be
packed with fresh cut flowers; or                                                              The Animal and Plant Health
                                              fumigated at the time of importation          Inspection Service, U.S. Department of
Christmas greenery, such as holly,            with methyl bromide in accordance
mistletoe, and Christmas trees.                                                             Agriculture, will be responsible only for
                                              with paragraph (c)(2) of this section,        the costs of providing the services of an
   Inspector. Any individual authorized       with the following exceptions:
by the Administrator to enforce this                                                        inspector during regularly assigned
                                                 (i) Fumigation will not be required for    hours of duty and at the usual places of
subpart.                                      cut flowers imported from Canada
   United States. All of the States, the                                                    duty (provisions relating to costs for
                                              (including Labrador and Newfoundland)         other services of an inspector are
District of Columbia, Guam, the               or Mexico because of the finding of
Northern Mariana Islands, Puerto Rico,                                                      contained in 7 CFR part 354). The
                                              agromyzids.                                   importer, owner, or agent or
the Virgin Islands of the United States,         (ii) Fumigation will not be required
and all other territories or possessions of                                                 representative of the importer or owner
                                              for cut flowers of Chrysanthemum spp.         of cut flowers is responsible for all
the United States.                            imported from Colombia or the                 additional costs of inspection,
§ 319.74–2 Conditions governing the entry     Dominican Republic because of the             treatment, movement, storage, or
of cut flowers.                               finding of agromyzids, when such              destruction ordered by an inspector
   (a) Inspection. All cut flowers            agromyzids are identified by an               under this subpart, including the costs
imported into the United States must be       inspector to be only agromyzids of the        of any labor, chemicals, packing
made available to an inspector for            species Liriomyza trifolii (Burgess).         materials, or other supplies required.
examination at the port of first arrival         (2) Fumigation schedules. Fumigation
                                              of cut flowers for agromyzids (insects of       Done in Washington, DC, this 9th day of
and must remain at the port of first                                                        July 1999.
arrival until released, or authorized         the family Agromyzidae) must consist of
                                              fumigation with methyl bromide at             A. Cielo,
further movement, by an inspector.
                                              normal atmospheric pressure in a              Acting Administrator, Animal and Plant
   (b) Actions to prevent the introduction
                                              chamber or under a tarpaulin in               Health Inspection Service.
of plant pests; notice by an inspector. If
an inspector orders any disinfection,         accordance with one of the following          [FR Doc. 99–18049 Filed 7–14–99; 8:45 am]
cleaning, treatment, reexportation, or        schedules:                                    BILLING CODE 3410–34–P

other action with regard to imported cut      11⁄2 lbs. per 1,000 cu. ft. for 2 hours at
flowers that are found to be infested               80–90 °F.
with injurious plant pests or infected           (19 oz. concentration at first 1⁄2 hour)   FARM CREDIT ADMINISTRATION
with diseases, the inspector will provide        (12 oz. concentration at 2 hours); or
an emergency action notification (PPQ         2 lbs. per 1,000 cu. ft. for 2 hours at 70–   12 CFR Part 615
Form 523) to the importer, owner, or                79 °F.                                  RIN 3052–AB76
agent or representative of the importer          (24 oz. concentration at first 1⁄2 hour)
or owner of the cut flowers. The                 (16 oz. concentration at 2 hours); or      Funding and Fiscal Affairs, Loan
importer, owner, or agent or                  21⁄2 lbs. per 1,000 cu. ft. for 2 hours at    Policies and Operations, and Funding
representative of the importer or owner             60–69 °F.                               Operations; Investment Management;
must, within the time specified in the           (30 oz. concentration at first 1⁄2 hour)   Effective Date
PPQ Form 523 and at his or her own               (20 oz. concentration at 2 hours); or      AGENCY:   Farm Credit Administration.
expense, destroy the cut flowers, ship        3 lbs. per 1,000 cu. ft. for 2 hours at 50–
                                                                                            ACTION:   Notice of effective date.
them to a point outside the United                  59 °F.
                 Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                                  38111

SUMMARY: The Farm Credit                       of Change-of-Gauge Services, 14 CFR           Seventh St. SW, Washington, DC
Administration (FCA) published a final         part 258 (‘‘Change-of-Gauge Rule’’), are      20590–0001.
rule under part 615 on May 28, 1999 (64        both scheduled to go into effect on July         (2) By hand delivery to room PL–401
FR 28884). The final rule amends the           13, 1999. These rules will enable             on the Plaza level of the Nassif Building,
regulations to help Farm Credit System         consumers to make informed choices            400 Seventh St. SW, Washington, DC,
banks and associations respond to rapid        about their air transportation and to         between 9 a.m. and 5 p.m., Monday
and continual changes in financial             travel without undue confusion. We            through Friday, except Federal holidays.
markets and instruments. In accordance         have received one petition requesting a       The telephone number is 202–366–
with 12 U.S.C. 2252, the effective date        waiver until October 15, 1999, of the         9329.
of the final rule is 30 days from the date     Code-Share Rule’s requirement that the           (3) By fax to Docket Management
of publication in the Federal Register         transporting carrier’s corporate and          Facility at 202–366–2251.
during which either or both Houses of          network names be disclosed. We grant             (4) Electronically through the Web
Congress are in session. Based on the          this petition. We have also received          Site for the Docket Management System
records of the sessions of Congress, the       seven petitions requesting delay of both      at http://dms.dot.gov.
effective date of the regulations is July      rules’ effective date, one to mid-October,    FOR FURTHER INFORMATION CONTACT:
15, 1999.                                      1999, and six to March 15, 2000; one of       Betsy L. Wolf, Senior Trial Attorney,
EFFECTIVE DATE: The regulation                 these seeks an additional grace period        Office of Aviation Enforcement and
amending 12 CFR part 615 published on          until September 15, 2000, for tour            Proceedings (202–366–9359), Office of
May 28, 1999 (64 FR 28884) is effective        operators. These latter petitions cite        the General Counsel, U.S. Department of
July 15, 1999.                                 Computer Reservations Systems’                Transportation, 400 Seventh Street, SW,
FOR FURTHER INFORMATION CONTACT:
                                               (‘‘CRSs’’) and other information              Washington, DC 20590.
Laurie A. Rea, Senior Policy Analyst,          systems’ programming and software             SUPPLEMENTARY INFORMATION:
   Office of Policy Analysis, Farm Credit      problems related to the year 2000
                                               (‘‘Y2K’’) as justification for delaying the   Background
   Administration, McLean, VA 22102–
   5090, (703) 883–4498;                       rules’ effective date. We are postponing         On March 15, 1999, the Department
     or                                        the effective date of both rules until        issued two new rules under 49 U.S.C.
Richard Katz, Senior Attorney, Office of       August 25, 1999, and we are requesting        41712, our authority to prohibit unfair
   General Counsel, Farm Credit                comments on our tentative findings that       and deceptive practices and unfair
   Administration, McLean, VA 22102–           those parts of the rules that are not         methods of competition. These rules
   5090, (703) 883–4020, TDD (703) 883–        affected by CRS reprogramming should          will protect consumers of air
   4444.                                       take effect on August 25, that the            transportation in two ways: by ensuring
                                               effective date of those parts of the rules    that they are told what kind of service
(12 U.S.C. 2252(a)(9) and (10))                that are affected by CRS reprogramming        they are considering before they decide
  Dated: July 9, 1999.                         should be further postponed until             to buy it and by giving them written
Vivian L. Portis,                              March 15, 2000, and that as a matter of       information that will help them avoid
Secretary, Farm Credit Administration Board.   discretion we should refrain from             confusion and other mishaps in the
[FR Doc. 99–18096 Filed 7–14–99; 8:45 am]      enforcing both rules in their entirety        course of their transportation. Among
BILLING CODE 6705–01–P                         against the tour operators for an             other things, the Code-Share Rule
                                               additional grace period of six months.        requires air carriers involved in code-
                                               DATES: Effective Dates: The effective         sharing arrangements or long-term wet
DEPARTMENT OF TRANSPORTATION                   date of the rule adding 14 CFR part 257       leases to identify these arrangements in
                                               and removing 14 CFR 399.88, published         the written or electronic schedule
Office of the Secretary                        at 64 FR 12838 on March 15, 1999, is          information they provide to the public,
                                               delayed until August 25, 1999. The            in the Official Airline Guide (‘‘OAG’’)
14 CFR Parts 257 and 258                       effective date of the rule adding 14 CFR      and comparable publications, and in
[Docket Nos. OST–95–179, OST–95–623,           part 258, published at 64 FR 12854 on         CRSs with an asterisk or comparable
and OST–95–177]                                March 15, 1999, is delayed until August       mark and to disclose the transporting
                                               25, 1999.                                     carrier’s corporate name and any other
RIN: 2105–AC10, 2105–AC17                         Comment Date: Comments on further          name under which the service is held
                                               delaying the effective date of these          out to the public. The rule also requires
Petitions Involving the Effective Dates        rules, or particular provisions of these      air carriers and ticket agents to disclose
of the Disclosure of Code-Sharing              rules, must be received by July 30, 1999      this same information orally to
Arrangements and Long-Term Wet                 for consideration to be assured.              prospective passengers before booking
Leases Final Rule and the Disclosure           Comments received after that date will        transportation, and it requires these
of Change-of-Gauge Services Final              be considered to the extent practicable.      sellers to provide this information in a
Rule                                           If the Department decides to further          written notice once a consumer has
AGENCY:  Office of the Secretary (OST),        delay the effective date of these rules, or   booked a flight involving a code-share
Transportation.                                particular provisions of these rules, it      arrangement or a long-term wet lease.1
ACTION: Final rule and notice of
                                               will publish a document in the Federal        The Change-of-Gauge rule has
proposed disposition of petitions.             Register announcing the new effective
                                               date.                                           1 In the interest of clarity and brevity, in the

                                                                                             remainder of this notice, we refer in most instances
SUMMARY:   Two new rules that the              ADDRESSES: Comments may be                    to the disclosures that the Code-Share Rule
Department of Transportation adopted           submitted by one of the following             specifically requires and that are not specifically
on March 15, 1999, the Final Rule on           methods:                                      required under existing law or policy—namely,
Disclosure of Code-Sharing                        (1) By mail to the Docket Management       disclosure of the transporting carrier’s corporate
                                                                                             name and any other name under which a code-
Arrangements and Long-Term Wet                 Facility (OST–95–179, OST–95–623,             share or long-term wet-lease service is held out to
Leases, 14 CFR part 257 (‘‘Code-Share          OST–95–177), U.S. Department of               the public—as ‘‘the new code-share and long-term
Rule’’), and the Final Rule on Disclosure      Transportation, Room PL–401, 400              wet-lease disclosures.’’
38112          Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

comparable requirements for service         and EDS. The SABRE Group, which                      The Department’s Concerns
with one flight number that requires a      operates the SABRE CRS, stated that                     We recognize that it is critical that
change of aircraft en route. For many if    SABRE also serves as the internal                    information systems in the air
not most carriers and for all ticket        reservation system of over 50 domestic               transportation industry be prepared to
agents, the ability to comply fully with    and international carriers. Claiming that            continue functioning normally through
these requirements hinges on the ability    SABRE, like every other technology
                                                                                                 the end of the 20th century and into the
of the CRSs both to display all of the      system, is ‘‘working diligently to avoid
                                                                                                 21st. The Department has actively
relevant information and to print it as     any problems associated with the [Y2K]
                                                                                                 sought to avoid imposing any
the required written notice.                issue,’’ The SABRE Group confirmed
                                                                                                 substantial information burdens on the
                                            that SABRE intends to impose a freeze,
Requests for Postponement                                                                        industry that would interfere with its
                                            during which it will permit no new
   On April 29, 1999, American Airlines,                                                         ability to become Y2K-compliant. In
                                            implementations of any kind, from
Inc., American Eagle Airlines, Inc., and                                                         fact, when we adopted the two rules at
                                            November 1, 1999, to early in March of
Executive Airlines, inc. d/b/a American                                                          issue here in March, all information
                                            2000. EDS, which operates the SHARES
Eagle (collectively, ‘‘American’’)                                                               available to us indicated that the CRSs
                                            computer systems to provide hosting
requested a waiver of the Code-Share                                                             and major airline reservations systems
                                            services to multiple domestic and
Rule until October 15, 1999 for                                                                  were or would be Y2K compliant. We
                                            international air carriers, states that it
disclosure of Executive’s corporate                                                              had attempted to gauge the rules’ effect
                                            will be imposing a similar freeze from
name. American is in the process of                                                              on Y2K compliance by reviewing
                                            November 1, 1999, through the end of
merging Executive into AMR                                                                       statements from Annual Reports, 10–K
                                            January.
Corporation, American’s parent                 On June 14, the United States Tour                and 10–Q Statements filed with the
company. When the merger is complete,       Operators Association, Inc. (‘‘USTOA’’)              Securities and Exchange Commission,
Executive will surrender its certificate    filed a petition asking not only for an              news reports, press releases, and other
of public convenience and necessity and     extension of both rules’ effective date              documents of the four CRSs, the nine
conduct all further operations as           until March 15, 2000, in support of                  largest U.S. air carriers, and other
American Eagle. American expects to         ATA’s petition, but also for a grace                 relevant entities. While recognizing that
complete the merger by October 15 and       period for tour operators of another six             there could be no guarantees, we found
asked for a waiver in order to avoid the    months—i.e., until September 15, 2000.               that most entities expected to be Y2K
time and expense of reprogramming           USTOA agreed with ATA that much                      compliant on time and had made
software to comply with the rule in the     work remains to be done by the air                   contingency plans to use in the event
short time remaining before then after      carriers and CRSs before the former will             that they are not. We concluded that the
the rule takes effect. Under these          be able to comply with the rules and                 public interest would best be served by
circumstances, we agree with American       that Y2K issues should take top priority.            issuing the rules in March and making
that compliance with the rule would be      USTOA stated that tour operators use                 them effective in July rather than
unreasonably burdensome, so we grant        CRSs as a source of information for their            waiting until next year, because the
its petition with regard to Executive.      own ‘‘‘front-end information systems’,’’             need for effective disclosure has been
   On May 4, Midwest Express Airlines       which ‘‘are extensive and complex                    pressing and is likely to increase as air
requested a 90-day extension of the         because they include functionality to                carriers’ relationships and operations
effective dates of both rules, claiming     book air, along with hotel, rental car,              grow ever more complex. See 64 Fed.
that the CRS enhancements that it has       airport transfers, dining, sightseeing               Reg. 12838, 12850–12851 (March 15,
ordered from SABRE will not be ready        activities, compute total retail price,              1999) (Code-Share Rule) and 64 Fed.
by July 13. Similarly, on May 24, the Air   print out itinerary and pay vendors.’’               Reg. 12854, 12859 (March 15, 1999)
Transport Association of America, Inc.      According to USTOA, tour operators                   (Change-of-Gauge Rule).
(‘‘ATA’’) filed a petition asking the       will need to reprogram these front-end                  Because of the rules’ implications for
Department to postpone the rules’                                                                consumer welfare and because the
                                            information systems in order to comply
effective date until March 15, 2000.                                                             technological problems suggested by the
                                            with both rules, and this endeavor will
ATA stated that its member carriers and                                                          parties do not apply to all parts of the
                                            in turn entail ‘‘knowing the
the CRSs have been working to                                                                    new rules, we concluded initially that
                                            specifications set by the originators of
reprogram and reconfigure their various                                                          the public interest would not be served
                                            the information—the airlines and
information systems to be able to                                                                by extending the effective date for both
                                            CRSs.’’ USTOA requested an additional
comply with both rules by July 13, but                                                           rules in their entirety until March 15,
                                            six-month grace period for tour
they have found this task, which                                                                 2000. Without more detailed and
                                            operators to reprogram their own
requires coordination among all affected                                                         concrete information from the parties,
                                            systems.
entities, more complex and time-               On June 25, four foreign carriers,                however, we could not make an
consuming than they had anticipated.        AVIATECA, S.A., LACSA Airlines,                      informed decision on which parts of the
ATA stated that these efforts are           TACA International Airlines, S.A., and               rules might have to be postponed or for
coinciding unavoidably with the             NICARAGUENSE DE AVIACION,                            how long. We believed that Y2K
industry’s commitment of considerable       requested an extension of the rules’                 compliance might no longer be an issue
information services resources to           effective date until March 15, 2000.                 for the entire industry; we knew that
‘‘pressing Y2K needs.’’ With Y2K            These carriers are multi-hosted in                   sellers and providers of air
commanding the highest priority, ATA        SABRE, which, as noted, has announced                transportation could comply with some
reported that ‘‘many industry               that it will not be able to provide the              parts of the rule without any
information services are planning to        requisite enhancements to enable these               reprogramming by the CRSs. The rules
‘lock down’ their systems early in the      carriers to comply with the rules as of              do add several new disclosure
fourth quarter of 1999 and until after      July 13.2                                            requirements, including requiring ticket
leap year day 2000.’’                                                                            agents as well as air carriers to provide
   ATA’s petition drew supporting             2 On May 25, Aer Lingus Limited (‘‘Aer Lingus’’)
answers from the OAG, Aeropostal Alas       requested a temporary waiver of the Code-Share       to the issues raised by the other parties. We have
de Venezuela, C.A., The SABRE Group,        Rule until October 31, 1999, for reasons unrelated   disposed of Aer Lingus’s request elsewhere.
                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                                                    38113

both oral and written notice of code-                   comply. The following five paragraphs                 commence in November even though
sharing arrangements and change-of-                     contain the gist of this information.                 they will continue their good-faith
gauge services, but they also retain and                   First, for air carriers and ticket agents          efforts.
consolidate existing disclosure                         to comply with the rules’ new                            Fourth, while the reprogramming
requirements that already apply to air                  requirements, the CRSs must be                        necessary for the new code-share and
carriers.3 Several of the new                           reprogrammed (1) to allow carriers to                 long-term wet-lease disclosures plus the
requirements do require reprogramming                   input the new code-share and long-term                generic written notice of change-of-
on the part of the CRSs: the new code-                  wet-lease disclosures, (2) to display all             gauge services constitute the barrier to
share and long-term wet-lease                           of this information on screens viewed                 compliance with both new rules in their
disclosures in schedules, the OAGs, and                 by travel agents, and (3) to print both               entirety by July 13, CRS displays do
the CRSs, these same disclosures via                    these new disclosures and the generic                 already indicate code-share service and
oral notice to consumers before booking                 written disclosure required for change-               identify the transporting carrier, and
transportation, these same disclosures                  of-gauge services. Additionally, OAG                  they do already indicate change-of-
via written notice to purchasers, and a                 must make changes to be able to                       gauge service. Virtually all travel agents
generic written notice of change-of-                    assimilate and list all of the new                    now use CRSs to book transportation
gauge services to purchasers. CRS                       information from air carriers, and                    and issue tickets. Therefore, with the
reprogramming does not come into play                   carriers themselves have reprogramming                exception of USTOA’s members
for the Code-Share Rule’s advertising                   work to do to be able, among other                    discussed below, ticket agents 7 should
requirement. Furthermore, CRS listings                  things, to provide written notice of                  already be able to comply with the oral
already indicate code-share services and                code-share services, long-term wet                    disclosure requirements currently in
change-of-gauge services, so travel                     leases, and change-of-gauge services at               effect for air carriers and foreign air
agents are able now to comply with                      airports when this notice is not sent to              carriers.
existing oral disclosure requirements                   passengers earlier along with a ticket or                Fifth, USTOA’s members are tour
that apply only to air carriers.4                       itinerary. USTOA’s members sell tour                  operators. They do most of their
                                                        packages, mostly through travel agents                business through travel agents, but they
Additional Information from Interested                  but in some cases directly to the public;             do have some direct dealings with
Parties                                                 they cannot begin to reprogram their                  consumers. Unlike conventional travel
   Because of our need to resolve these                 own front-end information systems until               agents, they use their own front-end
issues quickly and craft a solution that                after the CRSs have completed their                   systems rather than CRSs, as noted. Not
both accommodates legitimate Y2K                        reprogramming.                                        only will they need six months after the
concerns and allows only those delays                      Second, the CRSs cannot accomplish                 CRSs are reprogrammed to reprogram
to the rules’ consumer benefits that are                all of the reprogramming they must do                 their own systems to display and
unavoidable, we met with interested                     by July 13.6 To ingest, process, display,             process all of the information required
parties at the Department on Tuesday,                   and dispense all of the additional                    for compliance with the two rules, as
June 29.5 Those in attendance gave us                   information the new rules require, the                also noted, but unlike the CRSs, these
more detailed information than the                      CRSs must more than double the size of                systems do not currently indicate code-
parties had provided in their pleadings                 their existing data fields, from 19                   share service, identify the transporting
on how Y2K compliance issues relate to                  characters to 39 characters. This task                carrier, or indicate change-of-gauge
compliance with the rules, on why CRSs                  requires massive reprogramming,                       service. Therefore, unlike conventional
cannot be reprogrammed to allow all                     consuming considerable resources for                  travel agents, USTOA’s members are not
parties to comply with the new rules in                 considerable amounts of time, and is                  already able to comply with the oral
their entirety by July 13, and on why the               further complicated by the need for a                 disclosure requirements currently in
parties need until March of next year                   standard, industry-wide solution.                     effect for carriers.
(and, in the case of USTOA, an                             Third, the CRSs, the other information
                                                        systems, and the carriers initially failed            Disposition
additional six months) to be ready to
                                                        to apprehend the enormity of the task                   On the one hand, the parties have
  3 The  Department’s policy on airline designator      before them. Meanwhile, as Y2K looms                  satisfied us that they cannot comply
code-sharing, 14 CFR § 399.88, requires air carriers    ever larger, the information systems are              with the two rules in their entirety by
to give reasonable and timely disclosure of code-       all imposing freezes on new                           July 13 and will not be able to comply
sharing arrangements by identifying them in             implementations from November                         before the information systems’ freezes
schedules given to the public, the OAG, and CRSs,
by disclosing them in discussions with consumers,       through at least the beginning of next                on implementation take effect in
and by providing frequent, periodic notice of them      year. They will use the initial months of             November. Moreover, we must continue
in advertisements. The Department’s orders              these freezes to arrange things so that               to take care not to impose information
approving code-sharing arrangements involving           they can quickly identify, analyze, and               burdens on the industry that could
foreign air carriers apply these same requirements
to the foreign carriers. See, e.g., Order 94–5–31. As   fix any problems that may arise during                interfere with Y2K compliance. On the
for change-of-gauge service, the Department’s CRS       the transition to the next century. They              other hand, the rules will give
rules, 14 CFR § 255.4(b)(2), require that CRS           do not have unlimited resources.                      consumers information that is of critical
displays give notice of any flight that involves a      Therefore, not only can they not                      importance to them in making informed
change of aircraft en route, and we require as a
matter of policy that carriers give consumers notice    possibly finish the reprogramming                     decisions about their travel purchases
of aircraft changes for change-of-gauge flights. See    required by the Code-Share and Change-                and in avoiding problems during travel.
Order 89–1–31 at 5.                                     of-Gauge Rules by July 13, but they
  4 USTOA’s members are not able at present to
                                                        deem it highly unlikely that they will be                7 As a technical matter, both rules apply to ticket
comply with these requirements, as discussed                                                                  agents as that term is defined in 49 U.S.C. 40102
below.
                                                        able to finish, test, and implement this
                                                                                                              (40): a ticket agent is ‘‘a person (except an air
  5 Specifically, the Acting Assistant Secretary for    reprogramming before their freezes                    carrier, a foreign air carrier, or an employee of an
Aviation and International Affairs, the General                                                               air carrier or foreign air carrier) that as a principal
Counsel, and Department staff met with                    6 Although only SABRE has commented on the          or agent sells, offers for sale, negotiates for, or holds
representatives from ATA, American, Continental,        record and sent representatives to the meeting, the   itself out as selling, providing, or arranging for, air
Delta, Midwest Express, Northwest, TWA, US              parties confirmed that the other CRSs are situated    transportation.’’ Thus, all travel agents are ticket
Airways, Aeropostal, Canadian, OAG, and SABRE.          similarly.                                            agents, but not all ticket agents are travel agents.
38114              Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

Compliance with some parts of the rules                 However, if the Department views are                  regulatory analyses of the rules whose
does not require any CRS                              not altered by the comments we are                      effective date is being extended here
reprogramming. For example, travel                    inviting here, the Department will take                 was published at 64 FR 12850–12851
agents, who still sell most air                       further action by August 25, 1999, to                   and 12859, March 15, 1999. Also
transportation, are in a position to begin            postpone the effective date of the                      published there were discussions of the
providing some of this information by                 following parts of the Code-Share Rule                  rules’ effects on small businesses and
complying with the oral disclosure                    until March 15, 2000:                                   their Federalism and Paperwork
portions of the rules that already apply              • § 257.5 Notice requirement.                           Reduction Act implications. Apart for
to carriers. We have therefore tentatively              (a) Notice in schedules.                              the Y2K implications recently brought
decided to dispose of the requests for                  (b) Oral notice to prospective consumers,             to light and addressed above, the
postponement by granting them only                         except as specified in paragraph (1).              determinations made previously are not
insofar as necessary—i.e., by only                      (c) Written notice.9                                  significantly affected by the limited
postponing the effective date until                      Similarly, we would postpone the                     extensions of the effective date made
March 15, 2000, for those parts of the                effective date of the following part of the             and proposed here.
rules with which carriers and ticket                  Change-of-Gauge Rule until March 15,                      Authority: 49 U.S.C. 41712.
agents cannot fully comply until the                  2000:                                                     Issued in Washington, DC on July 9, 1999,
CRSs have completed their
                                                      • § 257.5 Notice requirement.                           under authority delegated by 49 CFR
reprogramming, as specified below. To                   (c) Written notice.                                   1.56a(h)2.
this end, we are postponing the effective                                                                     A. Bradley Mims,
date of both rules until August 25, 1999,                Finally, we believe that USTOA has
                                                      shown good cause for the Department to                  Acting Assistant Secretary for Aviation and
and giving interested parties fifteen days                                                                    International Affairs.
to submit comments on our tentative                   refrain as a matter of discretion from
                                                      enforcing both rules in their entirety                  [FR Doc. 99–17963 Filed 7–14–99; 8:45 am]
findings and the actions they                                                                                 BILLING CODE 4910–62–P
contemplate. We will issue a final                    against tour operators until six months
notice on or before August 25.                        after March 15, 2000.10
   Accordingly, this document                            In closing, we strongly encourage the
postpones the effective date of the Code-             CRSs and other information systems to                   PENSION BENEFIT GUARANTY
Sharing Rule, 14 CFR part 257, the                    proceed with their reprogramming                        CORPORATION
Change-of-Gauge Rule, 14 CFR part 258,                efforts with all possible expedition. Any
                                                      affected parties that can comply with                   29 CFR Part 4044
and the removal of 14 CFR 399.88, until
August 25, 1999.                                      the rules before they become effective
                                                                                                              Allocation of Assets in Single-
   This document also invites comment                 should do so. For example, while we are
                                                                                                              Employer Plans; Interest Assumptions
on whether the effective date of certain              tentatively agreeing to postpone the
                                                                                                              for Valuing Benefits
parts of the rule should be further                   effective date of both rules’ written
extended. In this regard, based on the                notice requirements, we are aware that                  AGENCY:  Pension Benefit Guaranty
petitions and public input received                   some carriers and some travel agents are                Corporation.
since parts 257 and 258 were adopted,                 already disclosing much of the required                 ACTION: Final rule.
the Department believes that the                      information in the itineraries they
                                                      provide to passengers, and we                           SUMMARY:   The Pension Benefit Guaranty
effective date of the following parts of
                                                      encourage all sellers of air                            Corporation’s regulation on Allocation
the Code-Share Rule should not be
                                                      transportation to do so who have the                    of Assets in Single-Employer Plans
further postponed:
                                                      capability.                                             prescribes interest assumptions for
•   § 257.1 Purpose.                                                                                          valuing benefits under terminating
•   § 257.2 Applicability.                            Regulatory Analyses and Notices                         single-employer plans. This final rule
•   § 257.3 Definitions.
                                                        The Department has determined that                    amends the regulation to adopt interest
•   § 257.4 Unfair and deceptive practice.
•   § 257.5 Notice requirement.                       this action is not an economically                      assumptions for plans with valuation
    (b) Oral notice to prospective consumers,         significant regulatory action under                     dates in August 1999. Interest
      but only insofar as compliance with this        Executive Order 12866 or the                            assumptions are also published on the
      section does not require reprogramming          Department’s Regulatory Policies and                    PBGC’s web site (http://www.pbgc.gov).
      by CRSs.8                                       Procedures, and it has not been                         EFFECTIVE DATE: August 1, 1999.
    (d) Advertising.                                  reviewed by the Office of Management                    FOR FURTHER INFORMATION CONTACT:
   Similarly, the Department believes the             and Budget. This rule is significant                    Harold J. Ashner, Assistant General
effective date of the following parts of              under the Department’s Regulatory                       Counsel, Office of the General Counsel,
the Change-of-Gauge Rule should not be                Policies and Procedures because of                      Pension Benefit Guaranty Corporation,
further postponed:                                    congressional and public interest. The                  1200 K Street, NW., Washington, DC
•   § 258.1 Purpose.                                  rule does not impose unfunded                           20005, 202–326–4024. (For TTY/TDD
•   § 258.2 Applicability.                            mandates or requirements that will have                 users, call the Federal relay service toll-
•   § 258.3 Definitions.                              any effect on the quality of the human                  free at 1–800–877–8339 and ask to be
•   § 258.4 Unfair and deceptive practice.            environment. A summary of the                           connected to 202–326–4024.)
•   § 258.5 Notice requirement.                                                                               SUPPLEMENTARY INFORMATION: The
    (a) Notice in schedules.                            9 It is our understanding that carriers are already
    (b) Oral notice to prospective consumers.                                                                 PBGC’s regulation on Allocation of
                                                      complying with those parts of the schedule notice
                                                      requirement that go beyond 14 CFR 257.5(a) and the
                                                                                                              Assets in Single-Employer Plans (29
  8In other words, carriers, which are currently      oral notice requirement imposes no new                  CFR part 4044) prescribes actuarial
required to disclose code-share and change-of-gauge   requirement on carriers.                                assumptions for valuing plan benefits of
services in discussions with consumers, would be        10 We tentatively find that imposing the same
                                                                                                              terminating single-employer plans
required as of August 25 to make these disclosures    requirements on tour operators that those parts of      covered by title IV of the Employee
before booking transportation, and the same           the rules that are to take effect on August 25 will
requirements would apply to travel agents. The new    impose on travel agents would burden the tour           Retirement Income Security Act of 1974.
code-share and long-term wet-lease disclosures        operators excessively by forcing them to reprogram         Among the actuarial assumptions
would not be required at this time.                   their front-end systems not once but twice.             prescribed in part 4044 are interest
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                                                           38115

assumptions. These interest                                            and 4.00 percent during any years                         action’’ under the criteria set forth in
assumptions are intended to reflect                                    preceding the benefit’s placement in pay                  Executive Order 12866.
current conditions in the financial and                                status. The lump sum interest                               Because no general notice of proposed
annuity markets.                                                       assumptions represent an increase (from                   rulemaking is required for this
   Two sets of interest assumptions are                                those in effect for June 1999) of 0.50                    amendment, the Regulatory Flexibility
prescribed, one set for the valuation of                               percent for the period during which a                     Act of 1980 does not apply. See 5 U.S.C.
benefits to be paid as annuities and one                               benefit is in pay status and are                          601(2).
set for the valuation of benefits to be                                otherwise unchanged.
                                                                                                                                 List of Subjects in 29 CFR Part 4044
paid as lump sums. This amendment                                         The PBGC has determined that notice
adds to appendix B to part 4044 the                                    and public comment on this amendment                        Pension insurance, Pensions.
annuity and lump sum interest                                          are impracticable and contrary to the                       In consideration of the foregoing, 29
assumptions for valuing benefits in                                    public interest. This finding is based on                 CFR part 4044 is amended as follows:
plans with valuation dates during                                      the need to determine and issue new
August 1999.                                                           interest assumptions promptly so that                     PART 4044—ALLOCATION OF
   For annuity benefits, the interest                                  the assumptions can reflect, as                           ASSETS IN SINGLE-EMPLOYER
assumptions will be 6.30 percent for the                               accurately as possible, current market                    PLANS
first 20 years following the valuation                                 conditions.
                                                                                                                                   1. The authority citation for part 4044
date and 5.25 percent thereafter. The                                     Because of the need to provide                         continues to read as follows:
annuity interest assumptions represent                                 immediate guidance for the valuation of
an increase (from those in effect for July                             benefits in plans with valuation dates                      Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1999) of 0.30 percent for the first 20                                 during August 1999, the PBGC finds                        1341, 1344, 1362.
years following the valuation date and                                 that good cause exists for making the                       2. In appendix B, a new entry is
are otherwise unchanged. For benefits to                               assumptions set forth in this                             added to Table I, and Rate Set 70 is
be paid as lump sums, the interest                                     amendment effective less than 30 days                     added to Table II, as set forth below.
assumptions to be used by the PBGC                                     after publication.                                        The introductory text of each table is
will be 5.00 percent for the period                                       The PBGC has determined that this                      republished for the convenience of the
during which a benefit is in pay status                                action is not a ‘‘significant regulatory                  reader and remains unchanged.

                                          Appendix B to Part 4044—Interest Rates Used to Value Annuities and Lump Sums

                                                        TABLE I.—ANNUITY VALUATIONS
[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, . . ., and referred to generally as it) assumed to be
     in effect between specified anniversaries of a valuation date that occurs within that calendar month; those anniversaries are specified in the
     columns adjacent to the rates. The last listed rate is assumed to be in effect after the last listed anniversary date.]

                                                                                                                       The values of it are:
          For valuation dates occurring in the month—
                                                                                         it           for t =               it                for t =           it       for t =


        *                              *                                 *                        *                     *                          *                  *
August 1999 ..........................................................................        .0630        1–20                  .0525              >20   N/A        N/A


                                                         TABLE II.—LUMP SUM VALUATIONS
[In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation date, the immediate an-
     nuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0 < y ≤ n1), interest rate i1 shall
     apply from the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the de-
     ferral period is y years (where y is an integer and n1<y≤ n1 + n2 interest rate i2 shall apply from the valuation date for a period of 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 de-
     ferral 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                                                                 Deferred annuities (percent)
                                                                          Immediate
                                     date
    Rate set                                                             annuity rate
                                                                           (percent)             i1              i2                      i3               n1             n2
                          On or after                Before


             *                              *                             *                      *                      *                          *                 *
        70                 08–1–99                 09–1–99                    5.00             4.00             4.00                 4.00                 7               8

     Issued in Washington, DC, on this 8th day of July 1999.
David M. Strauss,
Executive Director, Pension Benefit Guaranty Corporation.
[FR Doc. 99–18032 Filed 7–14–99; 8:45 am]
BILLING CODE 7708–01–P
38116           Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

DEPARTMENT OF THE INTERIOR                  each part. One of the primary purposes      having both onshore and offshore
                                            of this rule is to comply with 44 U.S.C.    production must maintain and support
Minerals Management Service                 3506 which requires Federal agencies to     two separate reporting systems—one for
                                            carry out information management            the Form MMS–3160 and one for the
30 CFR Parts 210 and 216                    activities efficiently, effectively, and    Form MMS–4054. We are proposing that
RIN 1010–AC40                               economically. The Secretary of the          operators use one form, a revised Form
                                            Interior can also prescribe necessary and   MMS–4054, to report both onshore and
Electronic Reporting                        proper rules and regulations to             offshore production because we believe
                                            administer mineral leases in accordance     it is more efficient for MMS and
AGENCY:   Minerals Management Service,
                                            with 30 U.S.C. 189 and 1701. We             industry.
Interior.                                                                                  With respect to the commenter’s
                                            believe we have the legal authority to
ACTION: Final rule.                                                                     suggestion that MMS use other means to
                                            require electronic reporting; therefore,
SUMMARY: The Minerals Management            we have no reason to withdraw the rule.     encourage electronic reporting, we have
Service (MMS) is amending its                  Comment—One industry association         promoted electronic reporting for many
regulations to require reporters to         commented that because the majority of      years by offering various options other
submit selected royalty and production      lines are already reported to MMS           than this rule. However, we have
reports electronically, to extend the due   electronically and MMS will be revising     numerous indicators—such as cost
date for production reports filed           reporting formats in the near future,       savings from less data to key manually,
electronically, and to eliminate the        MMS should not mandate electronic           fewer reporting errors to correct, and
reporting of most wells that are in         reporting at this time. The commenter       less paper records to file and store—that
drilling status. This rulemaking            suggested that MMS use other methods        show electronic reporting is more
provides electronic reporting exceptions    to encourage electronic reporting.          accurate, efficient, and economical than
for reporters who meet certain criteria.       Response—We agree with the               paper reporting. Companies reporting
These amendments will reduce                commenter that a majority of our lines—     electronically also experience cost and
administrative costs and increase           80 percent of our royalty lines and 60      time savings over paper reporting.
operating efficiencies for industry and     percent of our production lines—are         Moreover, technology is currently
MMS.                                        reported electronically. However, the       available to easily expand the use of
                                            electronic lines are submitted primarily    electronic reporting and reduce or
EFFECTIVE DATES: This final rule will be
                                            by very large companies and are a small     eliminate paper reporting. This
effective on November 1, 1999.
                                            number of our total reports. We             rulemaking enables us to take greater
FOR FURTHER INFORMATION CONTACT:            continue to receive over 20,000 paper       advantage of electronic reporting and
David S. Guzy, Chief, Rules and             reports monthly, generally from small       storage technologies that will save time
Publications Staff, Royalty Management      reporters. These paper reports must be      and money for both MMS and industry.
Program, MMS; telephone (303) 231–          manually keyed, filed, boxed, and              For all the reasons discussed above,
3432; fax (303) 231–3385; e-mail            stored until they can be destroyed in       we believe there is no justification for
David.Guzy@mms.gov.                         accordance with Federal record disposal     delaying the requirement for electronic
SUPPLEMENTARY INFORMATION: The              requirements. These manual tasks are        reporting of Forms MMS–2014 and
principal authors of this rule are Mary     costly for the Government and               MMS–4054.
Williams, Ralph Spencer, Barbara            taxpayers.                                     Comment—Two companies
Lambert, Tim Allard, and Gail Solaas of        We also agree with the commenter         commented on the need to file paper
the Royalty Management Program              that our royalty and production reports     reports for adjustments or adding lines
(RMP), MMS.                                 may be revised as a result of               after an electronic report is ready to
I. Background                               reengineering efforts that are currently    send. One company stated they would
                                            ongoing. One of the most important          have to build an elaborate reporting
   MMS published a proposed                 reengineering proposals is to eliminate     system costing tens of thousands of
rulemaking entitled ‘‘Electronic            the Form MMS–3160, Report of                dollars. One company wanted a
Reporting’’ on April 8, 1998 (63 FR         Monthly Operations, within 2 years.         ‘‘grandfather’’ clause for adjustments
17133). The proposed rulemaking             Because we are proposing to eliminate       prior to the implementation date.
provided a 60-day public comment            the Form MMS-3160 in 2 years, we have          Response—We currently receive
period which ended on June 8, 1998.         decided to remove the requirement           manual adjusting reports from many
We have analyzed the comments we            contained in § 210.20 of our proposed       companies who report most or all of
received and amended our proposed           rule to report the Form MMS–3160            their initial data electronically.
rule to meet public concerns when           electronically. We are also eliminating     Typically, these manual reports are
prudent and necessary.                      all other references to mandatory           facsimiles generated from a computer.
II. Comments on Proposed Rule               electronic reporting of Form MMS–3160       Facsimile reporting indicates that the
                                            in this final rulemaking.                   company is entering the data into a
General Comments                               The proposal to eliminate the Form       computer but is unable to convert these
  Comment—One industry trade                MMS–3160 was published in the               adjustments into an electronic format. In
association commented that it does not      Federal Register, along with other          these cases, we suggest the company use
believe MMS has a legal basis for           production reporting changes, on            one of our other electronic reporting
requiring electronic reporting. The         February 23, 1999 (64 FR 8844). Most        options to convert these adjusting
commenter stated that the proposed rule     operators of onshore properties report      entries so they can be filed
has only a vague reference to various       production on Form MMS–3160,                electronically. For example, many
mandates to use new technologies to         although they have the option of            companies use a Microsoft Excel
improve programs. The commenter             reporting on Form MMS–4054, Oil and         spreadsheet which can be easily
recommended MMS withdraw the                Gas Operations Report. All offshore         converted to a Comma Separated Values
proposed rule.                              operators, however, must report their       format and sent via e-mail or diskette.
  Response—Our authorities for issuing      production on Form MMS–4054.                We recognize that the electronic format
this rule are cited at the beginning of     Consequently, MMS and those operators       for adjustments under this scenario
               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                         38117

would be different from the format for       data elements when we initially               Handbook, Template User Guide, and
the current month’s report. However,         established the EDI format. However,          Floppy Diskette and Magnetic Tape
MMS systems have the flexibility to          both Government and industry benefit          Reporting instructions on our Internet
accept different electronic formats for      from standardized reporting inputs,           site at http://www.rmp.mms.gov under
the same time period. We do not believe      improved data integrity, proven VAN           Customer Services, Publication
that this simple conversion would cost       reliability, and the enhanced                 Services, Handbooks. We can also mail
tens of thousands of dollars because the     confidentiality and security.                 a paper copy of these guides to any
data is already compiled in a company’s                                                    company interested in converting to
                                             Specific Comments
computer. For these reasons, we did not                                                    electronic reporting. The user guides
modify the final rule to ‘‘grandfather’’        Section 210.20(b)(2)(i)—now                provide detailed instructions on how to
adjustments for periods prior to the         § 210.21(a)(2)(i)—One commenter               use the two template reporting options
effective date.                              requested additional information to           currently available to reporters.
   Comment—One commenter was                 determine if electronic reporting would       Additional reporting information can be
concerned with the statement in the          be helpful. The commenter’s questions         found at http://www.rmp.mms.gov, see
background section that ‘‘Reporters who      are: Has the MMS improved the                 Customer Services, Publication
use electronic reports experience few        Monthly Report of Operations, Form            Services, Forms, Electronic Commerce
problems with converting or submitting       MMS–3160, software? Does it now print         Information. Reporters may be
their monthly reports.’’ The company         single-page versions of the report? What      particularly interested in the Electronic
stated that they have experienced            do the printed Form MMS–2014 reports          Commerce Brochure found at this last
problems with generating the Electronic      look like? Are the Form MMS–3160 and          site. This 2-page document details all
Data Interchange (EDI) transmission,         Form MMS–2014 reports integrated in           the electronic reporting options
with MMS receiving the transmission,         any way? Can the templates be                 currently available at MMS.
and with sending large volumes of data.      incorporated into our Lotus 1–2–3                MMS will approve a sample
When these problems occurred, MMS            worksheets?                                   electronic report in 3 to 5 working days,
required submission by tape. The                Response—As noted earlier, we have         depending upon the date during the
company had also experienced an              removed the requirement that reporters        month the sample is received. This
increase in the costs of reporting via EDI   submit the Form MMS–3160                      process is a simple one in which MMS
versus magnetic or cartridge tape.           electronically from this final rule.          will notify a reporter that either the
   Response—MMS was not aware of the         However, if reporters should voluntarily      sample report is acceptable and
problems this company encountered            choose to submit the Form MMS–3160            approved for live processing, or that the
when generating a ‘‘live’’ EDI               electronically, we offer the following        sample report must be changed in one
transmission. We usually discover and        information.                                  or more fields and re-submitted.
correct EDI transmission problems               MMS has not changed the Form               Thereafter, each reporter submitting an
during sample testing and subsequent         MMS–3160 template software. This              electronic report will receive an
EDI files are generated without              software prints the Form MMS–3160 on          electronic acknowledgment from MMS
difficulties.                                two pages as it always has. The printed       stating the date and time a report was
   Regarding large volume                    Form MMS–2014 reports generated by            received. Reporters can use this
transmissions, the Value Added               our new 2014 template software mirrors        acknowledgment as proof that they
Network (VAN) service provider MMS           the paper Form MMS-2014. The Forms            submitted the report timely.
currently uses is unable to receive EDI      MMS–2014 and MMS–3160 are not                    We maintain a record of each
transmissions containing file sizes larger   integrated in any way. Neither of these       company’s original report to support
than 10 megabytes. Although it is            templates can be incorporated into any        any bills for erroneous reporting. We
unusual to exceed this file size, the        spreadsheet or database software              will continue to contact any company
following solutions to this problem are      applications. However, if reporters have      whose lines are rejected and corrected
available to reporters:                      stored their report data electronically, it   within our Auditing and Financial
   1. The reporter can ask MMS to assist     is a relatively easy process to download      System. Our error correction process
in the creation of smaller reports for       the required information into either a        will not change simply because we
multiple EDI transmissions, which do         Comma Separated Values (CSV) or               receive reports electronically.
not increase the reporter’s cost;            ASCII format once you have the                   With respect to security measures, we
   2. The reporter can ask the VAN           appropriate MMS-approved record               believe security is an integral part of
service provider to suggest unique           layouts in your possession. You may           electronic reporting. For example,
solutions on an individual basis; and        find these record layouts on our Internet     reporters selecting the EDI reporting
   3. Reporters can submit data in a         site at http://www.rmp.mms.gov,               option must utilize a VAN to process
magnetic tape format.                        Customer Services, Publication                their transmissions to MMS. VANs are
   Regarding MMS’s request that the          Services, Forms.                              private networks that provide
reporter submit data by tape, we do not         Section 210.20(d)—now § 210.21(c)—         confidentiality and security through
mandate a specific primary method of         One industry commenter wanted to              user authentication, non-repudiation,
transmission. However, we strongly           know about the electronic reporting           and data encryption. For e-mail
recommend that a reporter have a             guidelines, getting samples approved,         transmissions over the Internet, all users
backup method available in case its          electronic commerce agreements and            must register with RMP to establish
primary method fails as apparently           security measures. What are they? How         themselves as an authorized reporter.
happened in this instance. MMS               cumbersome will they be to implement?         MMS will not process data files
technical staff can assist reporters in      How will we prove that our reports have       submitted by reporters who have not
resolving implementation problems            been electronically filed on time? When       registered. Additionally, e-mail files are
with any method they choose.                 the MMS sends out error notices with          compressed using PKZip software with
   We agree with the commenter that          their accompanying bills for penalties,       a password for added security. This
reporting via EDI has higher initial         how do you prove what was submitted?          compression measure prevents others
costs. In an effort to reduce VAN               Response—To answer most of these           from seeing actual report data. Both the
charges, we eliminated some reference        questions, we have published our EDI          reporter and MMS must use the correct
38118          Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

PKZip password before actual data            in terms of a fixed fee per report line for   date of the last day of the second month
becomes available for processing.            noncompliance. The commenter                  for making estimated royalty payments
   With respect to the Electronic            suggested MMS include a clause to             to MMS. The company reports and pays
Commerce Agreement (ECA), the                cover exceptions for occasional               royalties for 12 clients. They
information about electronic reporting       equipment/electrical failure. Another         recommend that we change the due date
contained in an ECA is now contained         commenter stated that the proposed rule       to a 5-day extension for production
in this rule. Also, as discussed above,      is unclear about whether the provision        reports or extend the due date for the
the passwords used in electronic             for the fee applies only to new reporters     Form MMS–2014 by 5 days.
reporting will ensure the confidentiality    or to current reporters who fail to             Response—The extended due date
of information formerly contained in the     comply. The commenter also questioned         assists in reducing the number of
ECA. Thus, we decided to eliminate the       the need to assess a fee for                  amended production reports without
ECA which was required under                 noncompliance. Because MMS is                 impacting the timeliness of data we
proposed § 210.20(d)(2). We want to          already processing paper reports and          must process and send to States, tribes,
make reporting electronically to MMS as      this proposal will encourage reporters to     and other Federal agencies. Because
simple and easy as possible.                 switch to electronic reporting, the           automated reports are entered into our
   Section 210.20(f)—now § 210.22(a)—        Government cost to process paper              computer system the same day they are
One commenter is unclear on how              reports will decrease, rather than            received, they take less time to process
much time payors will be given to make       increase. Also, under RMP’s                   than paper documents. We piloted the
the appropriate system changes, have         reengineering initiative, the data entry      10-day extension for 1 year and received
reports approved, sign electronic            burden should be further reduced.             no information indicating that
commerce agreements, etc. The 90 days           Response—We have eliminated                companies were dependent upon the
allowed for a new reporter, as noted in      proposed § 210.20(g) which stated that        production report to complete the Form
this section, would appear inadequate        we would assess a fee if a reporter did       MMS–2014. Royalty is typically
for initial development and                  not convert to electronic reporting. We       calculated using run tickets for liquids,
implementation.                              remind reporters, however, that they are      meter readings for gas, and other
   Response—The 90-day timeframe             subject to civil penalty procedures           documents that are provided by lease
(equivalent to 3 months) for new             under 30 CFR part 241 if they fail to         operators. We believe you should use
reporters assumes that most new              comply with any MMS regulation.               the information on these documents to
reporters will be using an automated         These penalty procedures would pertain        prepare the Form MMS–2014, not the
system to account for their production       to reporters who do not comply with the       production report. We cannot change
and sales or, at the very least, have a      scheduled conversion dates provided in        the due date of the Form MMS–2014
computer. We have two templates              § 210.20(a). In addition, we have             and the associated royalty payment
available upon request. One requires a       extended the effective date of this rule      because of lease terms and requirements
386 computer using Microsoft Windows         from December 31, 1998 to November 1,         in the Federal Oil and Gas Royalty
3.1 or better, while the other requires a    1999, to allow reporters sufficient time      Management Act of 1982, 30 U.S.C.
486 computer and Microsoft Windows           to convert to electronic reporting. Over      1711 et seq. We must have the Form
95. We have several other electronic         the next few months, we will be               MMS–2014 in order to distribute royalty
reporting options available and are          working very hard to help reporters           payments timely to the proper Federal,
developing an Internet application for       convert to electronic reporting as soon       State, and Indian recipients. MMS will
the near future.                             as possible.                                  continue the 10-day extension of the
   The approval process is not time-            Section 210.52—One commenter               production reporting due date not only
consuming. For example, we try to use        wanted clarification on the statement         as an incentive for electronic reporting
the sample electronic report as the          ‘‘You must submit a completed Report          but also to reduce the number of
actual report for the month submitted        of Sales and Royalty Remittance (Form         amended reports.
unless we encounter problems that we         MMS–2014) with all payments * * *.’’
cannot resolve over the telephone. On        The commenter wants to know if                III. Section-by-Section Analysis
average, a company can select one of the     reporters can submit the Form MMS–               The following paragraphs summarize
templates or any of our other electronic     2014 electronically independent of the        the most significant changes we made to
reporting options and receive approval       electronic payments.                          our proposed rule that was published on
within 30 days. As noted earlier, we            Response—Yes, the Form MMS–2014            April 8, 1998 (63 FR 17133):
have eliminated the requirement to file      can be submitted electronically
an ECA in an effort to simplify and          independent of the electronic payment.        Section 210.20
speed the process.                           The payor assigned document number is           We eliminated the requirement to file
   Given the various reporting options       used to link reports and payments.            the Form MMS–3160 electronically.
that are available and the quick             Many companies currently send
approval process, we believe 3 months        electronic and paper reports and a            Section 210.20(a)
are sufficient for a new reporter to begin   single electronic payment. We allow             We added a timetable to § 210.20(a)
electronic reporting. Current reporters      reporters to send their electronic            which phases small reporters into
submitting 6 lines or more will have         payment on the due date and their             electronic reporting over the next 21⁄4
until November 1, 1999—the effective         electronic reports a few days before the      years. We added the timetable in order
date of this rule—to convert to              payment. These independent                    to: (1) Minimize the impacts, if any, on
electronic reporting. See § 210.20 and       submissions provide flexibility to meet       small businesses; and (2) give small
210.22 for electronic reporting              individual company needs.                     businesses time to make any operational
conversion dates and exceptions,                Section 216.50(c)—One company              changes necessary to comply with our
respectively.                                commented that extending the due date         electronic reporting requirements. In
   Section 210.20(g)—now eliminated—         for production reports by 10 days to the      addition to the table, we added a new
One commenter was concerned with             25th of the second month following            paragraph (b) to clarify what we mean
occasional equipment/electrical failure      production will place them in jeopardy        by ‘‘line’’ and a new paragraph (c) to
and what MMS thinks is ‘‘reasonable’’        of meeting the Form MMS–2014 due              clarify what we mean by ‘‘form’’
               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                        38119

because both terms are referred to in the   accept paper forms during the grace          Section 216.53(c)(1) and (2)
timetable in paragraph (a). For purposes    period.                                        We clarified that you will have a 10-
of this part, multiple submissions of the      • The second grace period is for when     day extension from the 15th to the 25th
same form in one month equals one           you exceed the maximum number of             day of the second month following the
form. For example, if you submitted 10      lines you are allowed to report on paper     month for which you are reporting if
Form MMS–4054’s containing 3 lines          under § 210.20(a). In that case, you have    you submit the Form MMS–4054, Oil
each, MMS would consider that to be         3 months from the last day of the month      and Gas Operations Report,
one form with 30 lines.                     in which you exceeded the line limit to      electronically.
Section 210.20(b)                           begin reporting electronically. For
                                                                                         Section 216.55(c)(1) and (2)
                                            example, assume that you currently
  We moved proposed § 210.20(b) to          report 5 lines per month on your Form          We clarified that you will have a 10-
new § 210.21(a) for clarity purposes.       MMS–2014. On June 8, 2000 (7 months          day extension from the 15th to the 25th
Section 210.20(c)                           after the 6-line conversion date of          day of the second month following the
                                            November 1, 1999), you lease two new         month for which you are reporting to
   We moved proposed § 210.20(c) to                                                      submit your Form MMS–4056, Gas
new § 210.21(b) and added the phrase        producing properties (equivalent to 2
                                            new lines per month). You will have 3        Plant Operations Report, on paper if you
‘‘or by accessing our Internet site at                                                   submit the Form MMS–4054, Oil and
www.rmp.mms.gov’’ to provide                months from the last day of the month
                                            in which you exceeded the 6-line             Gas Operations Report, electronically.
reporters with an additional source for
our electronic commerce brochure.           limit—or until September 30, 2000—to         Section 216.56(c)(1) and (2)
                                            begin submitting the Form MMS–2014
Section 210.20(d)                           electronically. MMS will continue to           We clarified that you will have a 10-
                                            accept paper forms during the grace          day extension from the 15th to the 25th
  We moved proposed § 210.20(d) to                                                       day of the second month following the
new § 210.21(c) and deleted                 period.
                                                                                         month for which you are reporting to
§ 210.20(d)(2) which required reporters        The two exceptions to our electronic      submit your Form MMS–4058,
to submit an Electronic Commerce            reporting requirements provided in           Production Allocation Schedule Report,
Agreement.                                  § 210.22 are as follows:                     on paper if you submit the Form MMS–
Section 210.20(e)                              • You do not have to report               4054, Oil and Gas Operations Report,
                                            electronically if you report only rent,      electronically.
  We combined the provisions in this        minimum royalty, or other annual
proposed § 210.20(e) with new               obligations on the Form MMS–2014;            IV. Procedural Matters
§ 210.21(c) for further clarification.      and                                          Regulatory Planning and Review
Section 210.20(f)                              • You do not have to report               (Executive Order 12866)
  We removed proposed § 210.20(f) and       electronically if you are a small business      This document is not a significant
included the 3-month grace period for       as defined by the U.S. Small Business        rule and is not subject to review by the
new reporters in new § 210.22(a).           Administration, and you have no              Office of Management and Budget under
                                            computer, no resources to purchase a         E.O. 12866. Generally, this rule will
Section 210.20(g)                           computer or contract with an electronic      require many Federal and Indian
   We deleted this proposed § 210.20(g)     reporting service, nor access to a           mineral revenue and production
which stated that we would assess a fee     computer at a local library or other         reporters to convert from paper to
if a reporter did not convert to            public facility.                             electronic reporting by November 1,
electronic reporting. For further              The two exceptions to our electronic      2001. MMS uses the reports to account
information, see our response to public     reporting requirements which we added        for and distribute Federal and Indian
comments under § 210.20(g).                 to this final rule are directed primarily    mineral revenues. This rule will not
New § 210.22                                at small reporters who might suffer          affect the timeliness of revenue
                                            financial hardship if forced to comply       distribution to recipients or information
   We added new § 210.22 which              with this rule. For a detailed               dissemination to other Federal agencies.
provides two grace periods and two          explanation of these exceptions, see our     Based on this and other information
exclusions to our electronic reporting      discussion of small business issues          detailed below, we conclude:
requirements.                               under the Regulatory Flexibility Act            (1) This rule will not have an effect of
   • The first grace period MMS will        section of the preamble in caption IV.       $100 million or more on the economy,
allow is if you become a new MMS            Procedural Matters.                          productivity, competition, jobs, the
reporter after any of the required                                                       environment, public health or safety, or
conversion dates. In such cases, MMS        Section 216.50(a)                            State, local, or tribal governments or
will allow you 3 months from the day                                                     communities.
your first report is due to begin             We added a sentence to this
reporting electronically (this grace        paragraph to clarify that you may            Governments
period was originally contained in          submit the Form MMS–3160                        This rule will have no effect on tribal
proposed § 210.20(f) and defined as 90      electronically.                              governments but will have positive
days). For example, if you become an        Section 216.50(c)(1) and (2)                 effects on the amount of revenues
MMS reporter by leasing 6 new                                                            shared with States and possibly local
producing properties (equivalent to 6         We clarified that you will have a 10-      governments. We expect net receipts
lines) on April 16, 2000, your first Form   day extension from the 15th to the 25th      sharing costs to States—that is, the
MMS–2014 for April 2000 sales will be       day of the second month following the        MMS operating costs deducted from
due May 31, 2000. You will have 3           month for which you are reporting if         States’ shares of royalty revenue—to
months—or until August 31, 2000—to          you voluntarily choose to submit the         decrease as MMS realizes savings from
begin submitting the Form MMS–2014          Form MMS–3160, Monthly Report of             electronic reporting. We estimate the
electronically. MMS will continue to        Operations, electronically.                  total annual savings to States to be
38120          Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

$33,000 in the first year and $134,000       establish a reasonable threshold by            • Internet filing. We are also
each year thereafter.                        number of lines or royalties paid per       developing an Internet application that
                                             year. The industry trade group also         will permit small companies that do not
Private Sector
                                             recommended that MMS establish a            have computers to submit reports from
  (1) This rule establishes the type of      means by which reporters could request      remote locations, such as public
media that reporters in the oil and gas      an exemption to the rule based on           libraries, without purchasing a
industry must use to report mineral          various circumstances or hardships.         computer. We anticipate this alternative
revenues and production to MMS. We           One company also recommended that,          to be available before the effective date
estimate that electronic reporting will      for the few non-electronic reporters        of this rule. This alternative will
generate net savings to industry of $1.2     remaining, MMS reduce the reporting         eliminate the need to purchase a
million in the first year and $1.8 million   burden for both MMS and the reporter        computer;
each year thereafter;                        by developing an abbreviated paper             • Advice and assistance. We offer
  (2) This rule will not create a serious    report.                                     advice and assistance to the hundreds of
inconsistency or otherwise interfere                                                     small companies that currently use a
with an action taken or planned by           MMS Response to Comments                    computer-generated paper facsimile to
another agency;                                It is not our intent to cause economic    report each month to help them
  (3) This rule does not alter the           hardship for any small business by          transition to electronic reporting. Our
budgetary effects or entitlements, grants,   requiring electronic reporting. We          goal is to eliminate as much data entry
user fees, or loan programs or the rights    devoted substantial time and effort to      as possible for both the companies and
or obligations of their recipients; and      identify the possible negative economic     MMS. For example, a company may
  (4) This rule does not raise novel legal   impacts of this rule on small businesses    enter data in its automated system and
or policy issues.                            and to take steps to eliminate or lessen    possibly again on its facsimile reports.
Regulatory Flexibility Act                   adverse impacts whenever possible. The      Subsequently, MMS must manually
                                             following are examples of the many          enter the data from the paper copy into
  In our April 8, 1998, proposed rule                                                    our system. Electronic reporting will
                                             actions we took to mitigate negative
(63 FR 17133), we concluded that the                                                     eliminate these two stages of manual
                                             economic impacts and still increase the
rule would not have a significant                                                        data entry without shifting costs. One of
                                             number of reports submitted
economic impact on small businesses                                                      the commenting companies uses Lotus
                                             electronically:
primarily because of the various low-                                                    1–2–3 for its accounting functions. The
cost electronic reporting options              • Free software. We developed
                                             template software (see response to          Lotus spreadsheet can be converted to
available to reporters. We received                                                      an ASCII format (based upon an ASCII
several public comments that disagreed       § 210.20(b)(2)(i) under specific
                                             comments) primarily for those small         record layout we provide) and sent to
with our conclusion. In response to                                                      MMS via e-mail or diskette. While Lotus
those comments, we modified the rule         companies that report only a few lines
                                                                                         does not offer a direct file conversion to
substantially to minimize the negative       each month. We provide this software at
                                                                                         a Comma Separated Values (CSV)
impact on the largest number of small        no charge to reporters. If a company
                                                                                         format, a user can compose a macro that
businesses and still increase the number     should choose to purchase a computer
                                                                                         saves Lotus files in a CSV format. We
of reports received electronically.          to use the software, the minimum
                                                                                         will provide any reporter with a CSV
                                             software requirements permit the
Comments Received on Small Business                                                      and/or ASCII record layout for both
                                             company to purchase a very
Impact                                                                                   production and royalty reports upon
                                             inexpensive model.
                                                                                         request;
   One industry trade group and three          The template software is easy to             • Elimination of the requirement to
companies disagreed with our                 install, requires no programming or         file the Form MMS–3160, Monthly
conclusion that the impact of requiring      computer expertise, and provides            Report of Operations, electronically. As
electronic reporting for small reporters     companies with the static or reference      part of our reengineering efforts, MMS
would not be significant. They were          data that must be reported each month.      is proposing to eliminate the Form
concerned that: (1) MMS was shifting         This software also permits companies to     MMS–3160 and replace it with a revised
data entry costs to the small reporters;     save the report to a file which they can    Form MMS–4054. Consequently, we
(2) many companies do not have a             use to amend their report later, if         determined that it would not be cost
computer and cannot afford to buy one        necessary.                                  effective to require reporters to convert
or pay someone else to report                  This software has significant benefits    to electronic reporting of the Form
electronically for them; and (3) this rule   for both MMS and industry. It could         MMS–3160 at this time;
would require a significant change in        ultimately allow us to cease printing          • Phased compliance over 21⁄4 years.
the way their business is conducted.         and mailing over 4,000 model paper          In § 210.20(a), we established a
   Additionally, the industry trade group    reports each month. The model contains      timetable that phases the smallest
disputed our conclusion that reporting       the static or reference data contained in   reporters into electronic reporting over
electronically will reduce the reporting     our system for each reporter. This          21⁄4 years. These extended compliance
burden for companies who report only         process is very costly to MMS and, in       dates will allow additional time for
a few lines each month. The trade group      many cases, companies are not using the     small businesses to obtain computer
believes it will be a costly, time-          model to report but only as a reference.    equipment or contract with an
consuming burden to convert to               The model report is also cumbersome to      electronic reporting service to comply
electronic reporting. The industry trade     industry because each company must          with our electronic reporting
group is concerned that MMS permits          wait for the model to be received,          requirements; and
no exception to the proposed rule,           complete the model with the current            • Exceptions to electronic reporting.
especially for small lessees who are         month’s data, make copies, and mail the     In response to public comments, MMS
trying to produce from marginal wells in     report back to MMS. With electronic         will allow some exceptions to the
a time of extremely low prices.              reporting, companies can complete the       electronic reporting requirements in this
   The industry trade group and one          report anytime during the month and         final rule. The exceptions at § 210.22 are
company recommended that we                  easily amend prior reports if necessary;    directed primarily at small reporters
               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                         38121

who might suffer financial hardship if       enforcement actions. The Ombudsman           MMS. We estimate net savings to
forced to comply with this rule. The two     will annually evaluate the enforcement       industry from converting to electronic
exceptions to electronic reporting are as    activities and rate each agency’s            reporting to be $1.2 million in the first
follows:                                     responsiveness to small business. If you     year and $1.8 million each year
   (1) You do not have to report             wish to comment on the enforcement           thereafter.
electronically if you report only rent,      actions in this rule, call 1–888–734–
minimum royalty, or other annual                                                          Takings (E.O. 12630)
                                             3247.
obligations on the Form MMS–2014.                                                           In accordance with E.O. 12630, this
This category covers reporters who           Small Business Regulatory Enforcement        rule does not have significant takings
submit one line per lease per year for       Fairness Act (SBREFA)                        implications. This rule does not impose
any number of leases. We determined             This rule is not a major rule under 5     conditions or limitations on the use of
that it would not be economically            U.S.C. 804(2), the Small Business            any private property; consequently, a
feasible for a reporter to develop an        Regulatory Enforcement Fairness Act.         takings implication assessment is not
electronic reporting method for this very    This rule:                                   required.
limited reporting situation; and                a. Does not have an annual effect on
   (2) You do not have to report             the economy of $100 million or more.         Federalism (E.O. 12612)
electronically if you are a small business   Net revenues distributed to States may          In accordance with Executive Order
as defined by the U.S. Small Business        increase $33,000 in the first year and       12612, this rule does not have sufficient
Administration, and you have no              $134,000 each year thereafter due to         federalism implications to warrant the
computer, no resources to purchase a         cost savings realized by MMS through         preparation of a Federalism Assessment.
computer or contract with an electronic      increased electronic reporting. Net          This rule does not impose any
reporting service, nor access to a           savings to industry from converting to       requirements on oil and gas reports
computer at a local library or other         electronic reporting is estimated to be      submitted to States or limit State
public facility. This exception will         $1.2 million in the first year and $1.8      policymaking discretion in any way;
allow any small business facing severe       million each year thereafter.                consequently, a Federalism Assessment
financial hardship to continue                  b. Will not cause a major increase in     is not required.
submitting paper reports rather than         costs or prices for consumers,
convert to electronic reporting.                                                          Civil Justice Reform (E.O. 12988)
                                             individual industries, Federal, State, or
Excluding these small payors and             local government agencies, or                  In accordance with Executive Order
reporters from electronic reporting          geographic regions. See discussion           12988, the Office of the Solicitor has
requirements will avoid causing undue        under Regulatory Flexibility Act.            determined that this rule does not
financial hardship for the smallest             c. Does not have significant adverse      unduly burden the judicial system and
companies.                                   effects on competition, employment,          meets the requirements of sections 3(a)
   We did not choose to develop an           investment, productivity, innovation, or     and 3(b)(2) of the Order.
abbreviated paper report in addition to      the ability of U.S.-based enterprises to
the current forms as one commenter                                                        Paperwork Reduction Act
                                             compete with foreign-based enterprises.
suggested because this action would not      See discussion under Regulatory                 In our April 8, 1998, proposed rule
further our goal to eliminate paper          Flexibility Act.                             (63 FR 17133), we stated that this rule
reporting. One of the significant                                                         will reduce burden hours associated
advantages of electronic reporting is that   Unfunded Mandates Reform Act of 1995         with two existing information
a company can store and submit only             This rule does not impose an              collections approved by the Office of
those data elements that are required for    unfunded mandate on State, local, or         Management and Budget (OMB):
its operation. Maintaining two different     tribal governments or the private sector        (1) OMB Control Number 1010–0022,
reporting forms or data collection           of more than $100 million per year. This     Report of Sales and Royalty Remittance
instruments is duplicative and               rule does not have a significant or          (Form MMS–2014); and
confusing for MMS and reporters. In          unique effect on State, local, or tribal        (2) OMB Control Number 1010–0040,
addition, MMS is in the process of           governments or the private sector. A         Production Accounting and Auditing
reengineering our systems and                statement containing the information         System (PAAS) Reports (Facility and
attempting to reduce or modify the data      required by the Unfunded Mandates            Measurement Information Form (FMIF),
elements currently required. However,        Reform Act (2 U.S.C. 1531 et seq.) is not    Form MMS–4051; Oil and Gas
we probably will not complete this           required.                                    Operations Report (OGOR), Form MMS–
effort for several years.                       Governments. This rule does not           4054; Gas Analysis Report (GAR), Form
   Conclusion. Based on the numerous         affect local or tribal governments. States   MMS–4055; Gas Plant Operations
mitigating actions we have taken in          that request to perform the delegable        Report (GPOR), Form MMS–4056;
response to public comments, the             function of processing royalty and           Monthly Report of Operations (MRO),
Department of the Interior certifies that    production reports under 30 CFR part         Form MMS–3160; and Production
this rule will not have a significant        227 are required to accept multiple          Allocation Schedule Report (PASR),
economic effect on a substantial number      forms of electronic media from reporters     Form MMS–4058)].
of small entities under the Regulatory       as specified by MMS. States are                 One industry commenter believes that
Flexibility Act (5 U.S.C. 601 et seq.).      compensated for the costs of performing      if a free-form layout is allowed using
This rule will have no effect on tribal      delegable functions up to the amount it      existing spreadsheet software (for
governments or other small                   would reasonably cost MMS to perform         example, Microsoft Excel), it would take
governmental jurisdictions.                  the same function. We conclude that          closer to the 7 minutes per line to
   Your comments are important. The          this rule would not impose an unfunded       complete the Form MMS–2014 (similar
Small Business and Agriculture               mandate on States.                           to the paper submission) versus 2
Regulatory Enforcement Ombudsman                Private sector. This rule establishes     minutes for electronic reporting. The
and 10 Regional Fairness Boards were         the type of media that reporters in the      commenter believes the 2 minutes per
established to receive comments from         oil and gas industry must use to report      line, the burden estimate we used in our
small businesses about Federal agency        mineral revenues and production to           OMB submission, could only be realized
38122              Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

if such data were systematically loaded    Petroleum, Public lands—mineral                information collection titled PAAS Oil
on the spreadsheet. The commenter is       resources, Reporting and recordkeeping         and Gas Reports, OMB Control Number
currently submitting his adjustments on    requirements.                                  1010–0040.
paper.                                                                                    *     *     *      *    *
                                           30 CFR part 216
   Our estimate of 2 minutes per line is                                                    (7) MMS–4054—This three-part form
based on the assumption that a               Coal, Continental shelf, Geothermal          identifies all oil and gas lease
company is already using spreadsheet       energy, Government contracts, Indian           production from Federal and Indian
software or other automated options to     lands, Mineral royalties, Natural gas,         lands. MMS uses information from this
submit its Form MMS–2014 or similar        Penalties, Petroleum, Public lands—            form to track oil and gas from the point
State reports. We also offer electronic    mineral resources, Reporting and               of production to the point of first sale
alternatives to facilitate compatibility   recordkeeping requirements.                    or other disposition. Respondents will
with a company’s system, including           Dated: June 30, 1999.                        generally not use all three parts of the
submission of ASCII files on diskette or   Sylvia V. Baca,                                form. Public reporting burden for paper
submission of regular reports on           Acting Assistant Secretary—Land and            submission is estimated to average 30
magnetic tape with adjustments on a        Minerals Management.                           minutes per month, including the time
diskette. We will work with any                                                           necessary to assemble data, ensure that
company to determine the simplest,           For the reasons stated in the                production and disposition numbers are
most efficient alternative for reporting   preamble, MMS amends 30 CFR parts              accurate, and enter data on the form.
electronically.                            210 and 216 as follows:                        Companies reporting electronically may
   On May 30, 1998, OMB approved the                                                      average 15 minutes per month to
                                           PART 210—FORMS AND REPORTS
reduction in burden which we                                                              complete the form. Comments
estimated in the proposed rule for both       1. The authority citation for part 210      submitted relative to this information
of the above-referenced information        is revised to read as follows:                 collection should reference the
collections (OMB Control Numbers             Authority: 5 U.S.C. 301 et seq.; 25 U.S.C.
                                                                                          information collection titled PAAS Oil
1010–0022 and 1010–0040). Both             396, 2107; 30 U.S.C. 189, 190, 359, 1023,      and Gas Reports, OMB Control Number
collections have an expiration date of     1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C.       1010–0040.
August 31, 2001.                           1334, 1801 et seq.; and 44 U.S.C. 3506(a).     *     *     *      *    *
   As part of our continuing effort to                                                      (d) Comments on burden estimates.
                                              2. Section 210.10 paragraphs (c)(1),
reduce paperwork and respondent                                                           Send comments on the accuracy of this
                                           (c)(2), (c)(7), and (d) are revised to read
burden, we invite the public and other                                                    burden estimate or suggestions on
                                           as follows:
Federal agencies to comment on any                                                        reducing this burden to the Information
aspect of the reporting burdens            § 210.10   Information collection.             Collection Clearance Officer, MS 4230,
associated with these information          *      *    *     *     *                      MMS, 1849 C Street, NW, Washington,
collections. Submit your comments to          (c) * * *                                   DC 20240 and to the Office of
the Office of Information and Regulatory      (1) MMS–2014—Used monthly to                Management and Budget, Office of
Affairs, OMB, Attention Desk Officer for   report lease-related transactions              Information and Regulatory Affairs,
the Department of the Interior,            essential for royalty management to            Attention: Desk Officer for the U.S.
Washington, D.C. 20503. Send copies of     determine the correct royalty amount           Department of the Interior, OMB Control
your comments to Minerals                  due, reconcile or audit data, and              Number 1010–              (insert
Management Service, Royalty                distribute payments to appropriate             appropriate OMB Control Number),
Management Program, Rules and              accounts. Public reporting burden for          Washington, DC 20503. An agency may
Publications Staff, P.O. Box 25165, MS     paper submission is estimated to               not conduct or sponsor, and a person is
3021, Denver, Colorado 80225–0165;         average 7 minutes to complete each line        not required to respond to, a collection
courier address is Building 85, Denver     item on the form, including the time           of information unless it displays a
Federal Center, Denver, Colorado 80225;    necessary to assemble data, calculate          currently valid OMB control number.
e-mail address is                          value and royalty, and enter data on the         3. Sections 210.20–210.22 are added
RMP.comments@mms.gov.                      form. Companies reporting                      to subpart A to read as follows:
   The Paperwork Reduction Act of 1995     electronically may average 2 minutes to
provides that an agency may not                                                           § 210.20 When is electronic reporting
                                           complete each line item on the form.           required?
conduct or sponsor, and a person is not    Comments submitted relative to this
required to respond to, a collection of                                                     (a) You must submit Forms MMS–
                                           information collection should reference        2014 and MMS–4054 to MMS
information unless it displays a           the information collection titled Report
currently valid OMB control number.                                                       electronically. You must begin reporting
                                           of Sales and Royalty Remittance, OMB           electronically according to the following
National Environmental Policy Act of       Control Number 1010–0022.                      timetable unless you qualify for the
1969                                          (2) MMS–3160—Used by onshore oil            exceptions to electronic reporting listed
                                           and gas lease operators to report              in § 210.22:
  This rule does not constitute a major    monthly oil and gas production to
Federal Action significantly affecting     MMS. Public reporting burden for paper          If you report the fol-
the quality of the human environment.      submission is estimated to average 15             lowing number of             Then, you must submit
A detailed statement under the National                                                                                   that form electronically
                                           minutes per form, including the time           lines each month on                 beginning . . .
Environmental Policy Act of 1969 is not    necessary to assemble data, ensure that        a required form . . .
required.                                  production and disposition numbers are         (1) 6 or more ...........       November 1, 1999.
List of Subjects                           accurate, and enter data on the form.          (2) 4–5 .....................   November 1, 2000.
                                           Companies reporting electronically may         (3) 1–3 .....................   November 1, 2001.
30 CFR part 210                            average 7.5 minutes per month to
  Coal, Continental shelf, Geothermal      complete the form. Comments                       (b) See § 218.40(c) for the definition of
energy, Government contracts, Indian       submitted relative to this information         a royalty report line on Form MMS–
lands, Mineral royalties, Natural gas,     collection should reference the                2014 and § 216.40(c) for the definition
                  Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                                 38123

of a production report line on Form                  (3) MMS must assign you a sender            Authority: 5 U.S.C. 301 et seq.; 25 U.S.C.
MMS–4054; and                                     identification number and security code      396, 2107; 30 U.S.C. 189, 190, 359, 1023,
  (c) For purposes of this part, multiple         for any EDI transmissions; and               1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C.
                                                     (4) MMS must assign you an                1334, 1801 et seq.; and 44 U.S.C. 3506(a).
submissions of the same form in one
month equals one form.                            originating address and compression          Subpart A—General Provisions
                                                  software password for any e-mail
§ 210.21   How do you report electronically?      transmissions.                                 6. Add § 216.11 to subpart A to read
   (a) You may use any of the following                                                        as follows:
electronic media types, unless MMS                § 210.22 What are the exceptions to the
                                                  electronic reporting requirements?           § 216.11    Electronic reporting.
instructs you differently:
   (1) Electronic Data Interchange                   MMS will allow the following grace          You must submit your Oil and Gas
(EDI) 1—The inter-organizational,                 periods and exceptions to the electronic     Operations Report, Form MMS–4054, in
computer-to-computer exchange of                  reporting requirements in § 210.20:          accordance with electronic reporting
structured information in a standard,                (a) If you become a new MMS reporter      requirements in 30 CFR part 210.
machine-processable format;                       after any of the dates you are required
                                                  to submit electronic reports under           Subpart B—Oil and Gas, General
   (2) Electronic Mail (e-mail) 1—Any
communication service used to                     § 210.20(a), you have 3 months from the
                                                                                                 7. Section 216.50 is added by
electronically transmit and store                 day your first report is due to begin
                                                                                               redesignating paragraphs (b) through (d)
messages and attach files. MMS has                reporting electronically;
                                                     (b) If you exceed the maximum             as paragraphs (f) through (h), revising
three electronic file options:                                                                 paragraph (a), and adding new
                                                  number of lines you are allowed to
   (i) Template—MMS-provided                                                                   paragraphs (b) through (e) to read as
                                                  report on paper under § 210.20(a), you
software that generates blank forms on                                                         follows:
                                                  have 3 months from the last day of the
a personal computer to assist companies
                                                  month in which you exceeded the line         § 216.50    Monthly report of operations.
in preparing MMS regulatory reports
                                                  limit to begin reporting electronically;       (a) You must submit a Monthly Report
(this option is not available for Form
                                                     (c) You are not required to report        of Operations, Form MMS–3160, if you
MMS–4054);
                                                  electronically if you report only rent,      operate either an onshore Federal or
   (ii) Comma Separated Values (CSV)—             minimum royalty, or other annual
A file format where attribute fields are                                                       Indian lease or an onshore federally-
                                                  obligations on the Form MMS–2014;            approved agreement that contains one
separated by commas; and                          and
   (iii) American Standard Code for                                                            or more wells that are not permanently
                                                     (d) You are not required to report        plugged and abandoned. You may
Information Interchange (ASCII)—A file            electronically if you are a small business
format of fixed-length records with                                                            submit Form MMS–3160 electronically.
                                                  as defined by the U.S. Small Business          (b) You must submit a Form MMS–
fixed-length attribute fields;                    Administration, and you have no
   (3) Reporter-Prepared Diskette (31⁄2                                                        3160 for each well for each calendar
                                                  computer, no resources to purchase a         month, beginning with the month in
inch)—A data storage medium used to               computer or contract with an electronic
transmit report data using one of the                                                          which you complete drilling, unless you
                                                  reporting service, nor access to a           have only test production from a
following file formats:                           computer at a local library or other
   (i) Template;                                                                               drilling well or MMS tells you in
                                                  public facility.                             writing to do otherwise.
   (ii) CSV; and                                     4. Section 210.52 is revised to read as     (c) MMS must receive your completed
   (iii) ASCII;                                   follows:                                     Form MMS–3160 according to the
   (4) Magnetic or Cartridge Tape—A
                                                  § 210.52 Report of sales and royalty         following table:
data storage medium used to transmit
                                                  remittance.
report data in an ASCII file format.                                                             If you submit your          We must receive it
   (b) MMS prefers that you use the                  (a) You must submit a completed                  form . . .                 by . . .
media types in the order presented in             Form MMS–2014 (Report of Sales and
paragraph (a) of this section to the              Royalty Remittance) to MMS with:             (1) Electronically .......   The 25th day of the
extent it is cost effective and practical.           (1) All royalty payments; and,                                           second month fol-
As technology changes, MMS will                      (2) Rents on nonproducing leases,                                        lowing the month
consider other media types and the                where specified.                                                            for which you are
                                                     (b) When you submit Form MMS–                                            reporting.
order of MMS preference may change.                                                            (2) Other than elec-         The 15th day of the
Refer to our electronic commerce                  2014 data electronically, you must not
                                                  submit the form itself.                        tronically.                  second month fol-
brochure for the most current reporting                                                                                       lowing the month
                                                     (c) Completed Forms MMS–2014 for
options. You can receive a copy of our                                                                                        for which you are
                                                  royalty payments are due by the end of
brochure by calling your MMS                                                                                                  reporting.
                                                  the month following the production
representative or by accessing our
                                                  month.                                          (d) You must continue reporting until
Internet site at www.rmp.mms.gov.
                                                     (d) Where applicable, completed           either:
   (c) Before you may begin reporting
                                                  Forms MMS–2014 for rental payments              (1) BLM approves all wells as
electronically:
                                                  are due no later than the anniversary        permanently plugged or abandoned and
   (1) You must submit an electronic              date of the lease.
sample of your report for MMS approval                                                         you dispose of all inventory; or
                                                     (e) This section does not prohibit you       (2) The lease or agreement is
using the MMS-supplied electronic                 from making early payments
reporting guidelines;                                                                          terminated.
                                                  voluntarily.                                    (e) You are not required to submit
   (2) MMS must notify you that your
sample report has been approved;                                                               Form MMS–3160 if:
                                                  PART 216—PRODUCTION
                                                                                                  (1) You are authorized to submit an
                                                  ACCOUNTING
  1 MMS has developed security measures,
                                                                                               Oil and Gas Operations Report, Form
authentication procedures, and automated             5. The authority citation for part 216    MMS–4054, instead of a Form MMS–
acknowledgments for this electronic media type.   is revised to read as follows:               3160; or
38124               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

  (2) You operate a gas storage                        (b) You must submit a Form MMS–                     If you submit your     We must receive your
agreement. You must report gas storage               4056 for each calendar month beginning                 Form MMS–4054         Form MMS–4058 by
agreements to the appropriate BLM                    with the month gas processing is                             . . .                  . . .
office.                                              initiated.
                                                                                                         (2) Other than elec-     The 15th day of the
*     *    *    *      *                               (c) MMS must receive your completed                 tronically.              second month fol-
  8. Section 216.53 is revised to read as            Form MMS–4056 according to the                                                 lowing the month
follows:                                             following table:                                                               for which you are
                                                                                                                                    reporting.
§ 216.53    Oil and gas operations report.
                                                         If you submit your       We must receive your
  (a) You must file an Oil and Gas                        Form MMS–4054           Form MMS–4056 by       [FR Doc. 99–18005 Filed 7–14–99; 8:45 am]
Operations Report, Form MMS–4054, if                            . . .                    . . .           BILLING CODE 4310–MR–P
you operate one of the following that
contains one or more wells that are not              (1) Electronically .......   The 25th day of the
permanently plugged or abandoned:                                                   second month fol-
                                                                                    lowing the month     DEPARTMENT OF THE TREASURY
  (1) An OCS lease or federally-                                                    for which you are
approved agreement; or                                                              reporting.           Fiscal Service
  (2) An onshore Federal or Indian lease             (2) Other than elec-         The 15th day of the
or federally-approved agreement for                    tronically.                  second month fol-    31 CFR Part 306
which you elected to report on a Form                                               lowing the month
MMS–4054 instead of a Form MMS–                                                     for which you are    General Regulations Governing U.S.
3160.                                                                               reporting.           Securities
  (b) You must submit a Form MMS–                                                                        AGENCY:  Bureau of the Public Debt,
4054 for each well for each calendar                    (d) Your report must show 100                    Fiscal Service, Treasury.
month, beginning with the month in                   percent of the gas.                                 ACTION: Final rule.
which you complete drilling, unless you
                                                        (e) You are not required to file a Form
have only test production from a                                                                         SUMMARY:    We’re publishing a final rule
                                                     MMS–4056 if:
drilling well or MMS tells you in                                                                        to eliminate the reissuance of bearer
writing to do otherwise.                                (1) Your plant has not processed gas             securities and to eliminate provisions
  (c) MMS must receive your completed                that originated from a Federal onshore,             relating to the handling of definitive
Form MMS–4054 according to the                       OCS, or Indian lease, or federally-                 securities by Federal Reserve Banks.
following table:                                     approved agreement before the point of              DATES: Effective July 15, 1999.
                                                     final royalty determination for 6                   ADDRESSES: You can download this final
  If you submit your         We must receive it by   months; and                                         rule at the following World Wide Web
       form . . .                   . . .
                                                        (2) You notified MMS in writing                  address: <http://
(1) Electronically .......   The 25th day of the     within 30 days after the end of the 6-              www.publicdebt.treas.gov>. You may
                               second month fol-     month period.                                       also inspect and copy this final rule at:
                               lowing the month         (f) You must file a Form MMS–4056                Treasury Department Library, Freedom
                               for which you are     when your plant resumes processing gas              of Information Act (FOIA) Collection,
                               reporting.                                                                Room 5030, Main Treasury Building,
                                                     that originated from a Federal onshore,
(2) Other than elec-         The 15th day of the                                                         1500 Pennsylvania Ave., NW.,
  tronically.                  second month fol-     OCS, or Indian lease, or federally-
                                                     approved agreement before the point of              Washington, DC 20220.
                               lowing the month
                               for which you are     final royalty determination.                           Before visiting, you must call (202)
                               reporting.                                                                622–0990 for an appointment.
                                                        10. Section 216.56 is amended by
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                     revising paragraph (b) and adding
   (d) You must continue reporting until                                                                    • Maureen Parker, Director, Division
                                                     paragraph (c) to read as follows:
either:                                                                                                  of Securities Systems, Office of
   (1) BLM or MMS approves all wells as              § 216.56    Production allocation schedule          Securities and Accounting Services,
permanently plugged or abandoned and                 report.                                             Bureau of the Public Debt, at (304) 480–
you dispose of all inventory; or                     *      *    *    *    *                             7761 or <mparker@bpd.treas.gov>.
   (2) The lease or agreement is                                                                            • Susan J. Klimas, Attorney-Adviser,
                                                        (b) You must submit a Production                 Office of the Chief Counsel, Bureau of
terminated.
                                                     Allocation Schedule Report, Form                    the Public Debt, at (304) 480–3688 or
   9. Section 216.55 is revised to read as
                                                     MMS–4058, for each calendar month                   <sklimas@bpd.treas.gov>.
follows:
                                                     beginning with the month in which you                  • Edward C. Gronseth, Deputy Chief
§ 216.55    Gas plant operations report.             first handle production covered by this             Counsel, Bureau of the Public Debt, at
  (a) You must submit a Gas Plant                    section.                                            (304)480–5192 or
Operations Report, Form MMS–4056, if                    (c) MMS must receive your Form                   <egronset@bpd.treas.gov>.
you operate either:                                  MMS–4058 according to the following                 SUPPLEMENTARY INFORMATION: This rule
  (1) A gas plant that processes gas                 table:                                              eliminates the reissue of bearer
originating from an OCS lease or                                                                         securities. We have removed language
federally-approved agreement before the                  If you submit your       We must receive your   referring to the reissue of bearer
point of final royalty determination; or                  Form MMS–4054           Form MMS–4058 by       securities in various sections of part
                                                                . . .                    . . .
  (2) A gas plant that processes gas from                                                                306. We have added specific language:
an onshore Federal or Indian lease or                (1) Electronically .......   The 25th day of the       • to § 306.17 to eliminate the reissue
federally-approved agreement before the                                             second month fol-    of registered securities into bearer form;
point of final royalty determination, and                                           lowing the month        • To § 306.19 to eliminate
MMS has asked you to submit a Form                                                  for which you are    denominational exchange of bearer
MMS–4056.                                                                           reporting.           securities; and
               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                          38125

   • To § 306.117 to eliminate the          the bearer certificate until maturity and    List of Subjects in 31 CFR part 306
conversion of securities from book-entry    collect interest on the security. The          Bonds, Government Securities,
form into bearer form.                      owner of a definitive security wanting       Federal Reserve System, Securities.
   We stopped offering bearer securities    reissue into bearer form will have other
on original issue after December 31,        options available. Both bearer and             For the reasons set forth in the
1982, in response to the Tax Equity and     registered owners who desire an              preamble, 31 CFR part 306 is amended
Fiscal Responsibility Act (TEFRA),          engraved paper certificate can have a        as follows:
which prohibited the original issuance      security reissued in registered form.        PART 306—REGULATIONS
of bearer certificates after 1982. TEFRA    Bearer and registered securities can also    GOVERNING U.S. SECURITIES
was designed, in large part, to improve     be converted to book-entry form in
compliance with tax laws and to reduce      TRADES or TreasuryDirect. An eligible          1. The authority citation for part 306
the opportunity for illegal activities      security withdrawn from TRADES or            continues to read as follows:
associated with bearer securities.          TreasuryDirect may be reissued in              Authority: 31 U.S.C. chapter 31; 5 U.S.C.
However, we have continued to reissue       registered form.                             301; and 12 U.S.C. 391.
bearer securities for denominational           We have concluded that the
exchange, for the exchange of registered    elimination of bearer reissues is the type       2. Revise § 306.1 to read as follows:
securities into bearer form, and for the    of change that is permissible to make.       § 306.1    Official agencies.
conversion of certain book-entry            The elimination of bearer reissues,             The Bureau of the Public Debt of the
securities into bearer form.                while not mandated by TEFRA, is              Department of the Treasury is charged
   The number of securities in physical     consistent with the Congressional intent     with matters relating to transactions in
form and related transactions have          in its enactment. Given the cost-            securities. Correspondence concerning
decreased significantly over the past few   effectiveness of this new way of doing
years. However, the per transaction                                                      transactions in securities and requests
                                            business and the available alternatives      for appropriate forms may be addressed
costs have increased substantially due      to continue to obtain securities in
to relatively fixed overhead costs. There                                                to the Division of Customer Service,
                                            certificate form, we believe we are          Parkersburg, WV 26102.
are currently 17 bond issues remaining      justified in making this change.
that can be held in bearer form. In 1989,                                                   3. Amend § 306.2 by revising
                                               We have also eliminated any mention       paragraph (c) to read as follows:
we reissued approximately 4,900 bearer      of the handling of definitive securities
certificates; by 1998, we reissued only     by Federal Reserve Banks. This               § 306.2 Definitions of words and terms as
66 certificates, for the benefit of only    operation will be consolidated and           used in these regulations.
three investors. We reissued 56 of the      handled solely by Public Debt at its         *     *    *     *     *
certificates to two investors who have      Parkersburg, WV office for reasons of          (c) Bureau refers to the Bureau of the
repeatedly requested bearer certificates    economy. In addition, § 306.28 has been      Public Debt, Division of Customer
over the past several years. Although we    deleted, since Treasury bonds eligible       Service, Parkersburg, WV 26102.
reissue only a minimal number of bearer     for payment of estate taxes (so-called       *     *    *     *     *
certificates each year, we continue to      Flower Bonds) are no longer offered and        4. Revise § 306.3 to read as follows:
incur the expense of maintaining an         the last eligible issue has reached
inventory of unissued bearer stock.         maturity.                                    § 306.3 Transportation charges and risks
Clearly, the elimination of bearer             While we have written the preamble        in the shipment of securities.
reissues impacts only a minimal number      in plain language, we did not write this        The following guidelines apply to the
of investors. We have conducted a very      rule in plain language, because we are       transportation of reissued securities or
expensive operation for a few customers     in the process of rewriting part 306 in      securities presented for authorized
a year.                                     its entirety to conform to plain language    transactions:
   A United States security is a contract   requirements. We welcome any                    (a) The securities may be presented in
between the owner and the United            comments or suggestions relating to our      person by the owner or the owner’s
States. The terms of the contract consist   plain language rewrite of part 306.          agent.
of the authorizing statutes, regulations,                                                   (b) If securities are not presented in
and applicable circulars. Therefore, any    Procedural Requirements
                                                                                         person, shipment of the securities is at
change to the regulations is a change to       This final rule does not meet the         the owner’s risk and expense.
the terms of the contract. Section          criteria for a ‘‘significant regulatory         (c) Reissued securities will be
306.127 provides that existing rights       action,’’ as defined in Executive Order      delivered by certified mail or by other
that holders of securities have acquired    12866. Therefore, the regulatory review      means, at the risk of the registered
under the regulations may not be            procedures contained therein do not          owner and at the expense of the
limited or restricted. Section 306.128      apply.                                       Department.
provides that amendments may be made           This final rule relates to matters of
to the regulations with respect to          public contract and procedures for           § 306.12    [Amended]
securities. Thus, the existing contract     United States securities. The notice and        5. Amend § 306.12 by removing the
contemplates that changes can be made       public procedures and delayed effective      comma after the word ‘‘Bureau’’, and by
to the regulations.                         date requirements of the Administrative      removing the words ‘‘a Federal Reserve
   We believe that our core obligations     Procedure Act are inapplicable pursuant      bank or branch’’.
are to make payment on the security on      to 5 U.S.C. 553(a)(2).                          6. Amend § 306.15 as follows:
the date due, and to pay interest when         As no notice of proposed rulemaking          a. Revise paragraph (a) to read as set
due. We are clearly not attempting to       is required, the Regulatory Flexibility      forth below.
avoid these fundamental obligations by      Act (5 U.S.C. 601, et seq.) does not            b. Amend the fourth sentence of
eliminating bearer reissuance. The          apply.                                       paragraph (b) by removing the words
proposed changes are not fundamental,          We ask for no new collections of          ‘‘or exchange for coupon securities’’.
as the liability of the parties is not      information in this final rule. Therefore,      c. Amend the fifth sentence of
changed as a result. The owner of a         the Paperwork Reduction Act (44 U.S.C.       paragraph (b) by removing the words
bearer certificate may continue to hold     3507) does not apply.                        ‘‘or exchange for bearer securities’’.
38126            Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

  d. Revise paragraph (b)(2) to read as      § 306.24   [Amended]                              § 306.37   Interest on registered securities.
set forth below.                               10. Amend § 306.24 by removing the              *     *     *     *     *
                                             word ‘‘definitive’’ and adding in its               (d) Nonreceipt, loss, theft, or
§ 306.15 Transfers and exchanges of                                                            destruction of interest checks. If an
securities—closed periods.                   place the word ‘‘registered’’ in the first
                                             sentence.                                         interest check is not received within a
  (a) General. The transfer of registered                                                      reasonable period after an interest
securities should be made by                   11. Amend § 306.25 as follows:
                                               a. Revise the third sentence of                 payment date, or if a check is lost,
assignment in accordance with subpart                                                          stolen, or destroyed after receipt,
F of this part. Transferable registered      paragraph (a) to read as set forth below.
                                                                                               notification should be sent to the
securities are eligible for                    b. Remove and reserve footnote 4 in             Bureau of the Public Debt, Division of
denominational exchange. Specific            paragraph (a).                                    Customer Service, Parkersburg, WV
instructions for issuance and delivery of    § 306.25   Presentation and surrender.            26102. Notification should include the
the new securities, signed by the owner                                                        name and address of the owner, his
or his authorized representative, must         (a) * * * Registered and bearer
                                                                                               taxpayer identifying number, and the
accompany the securities presented.          securities should be presented and
                                                                                               serial number, denomination, and title
(Form PD 3905 or PD 1827, as                 surrendered for redemption to the
                                                                                               of the security upon which the interest
appropriate, may be used.)                   Bureau. * * *
                                                                                               was payable. If the check is
Denominational exchanges may be              *     *     *     *    *                          subsequently received or recovered, the
made at any time. Securities presented         12. Revise § 306.26 to read as follows:         Bureau should be notified.
for transfer must be received by the                                                             16. Amend § 306.38 by revising the
                                             § 306.26 Redemption of registered
Bureau not less than 1 full month before                                                       second sentence to read as follows:
                                             securities at maturity, upon prior call, or for
the date on which the securities mature      prerefunding or advance refunding.
or become redeemable pursuant to a call                                                        § 306.38   Interest on bearer securities.
for redemption before maturity. Any             Registered securities presented and              * * * Such coupons are payable at
security so presented which is received      surrendered for redemption at maturity            participating Federal Reserve banks or
too late to comply with this provision       or pursuant to a call for redemption              by the Bureau. * * *
will be accepted for payment only.           before maturity need not be assigned,
                                             unless the owner desires that payment             § 306.40   [Amended]
*      *     *    *     *                                                                        17. Amend § 306.40 by adding a
                                             be made to some other person, in which
  (2) Payment of principal will be made                                                        period after the word ‘‘Bureau’’ in the
                                             case assignments should be made to
to the assignee under a proper                                                                 second sentence and by removing the
                                             ‘‘The Secretary of the Treasury for
assignment of the securities.                                                                  words ‘‘a Federal Reserve bank or
                                             redemption for the account of (inserting
  7. Revise § 306.17 to read as follows:                                                       Branch’’.
                                             name and address of person to whom
§ 306.17 Exchanges of registered             payment is to be made). Specific                  § 306.41   [Amended]
securities for coupon securities.            instructions for the issuance and
                                                                                                 18. Amend § 306.41 by removing the
  Exchanges of registered securities for     delivery of the redemption check,
                                                                                               words ‘‘to the Secretary of the Treasury
bearer securities are not permitted.         signed by the owner or his authorized
                                                                                               for exchange for coupon securities,’’.
  8. Revise § 306.19 to read as follows:     representative, must accompany the
                                             securities, unless included in the                § 306.43   [Amended]
§ 306.19 Denominational exchanges of         assignment. (Form PD 3905 may be                    19. Amend § 306.43 by removing the
coupon securities.                           used.) Payment of the principal will be           words ‘‘or a Federal Reserve bank or
   Denominational exchanges of bearer        made by check drawn on the United                 branch’’ from the third sentence.
securities are not permitted.                States Treasury to the order of the
   9. Amend § 306.23 as follows:             persons entitled and mailed in                    § 306.56   [Amended]
   a. Revise paragraph (c) to read as set    accordance with the instructions                     20. Amend § 306.56 by removing the
forth below.                                 received. Securities presented for                words ‘‘or exchanged for coupon bonds’’
   b. Amend paragraph (g) in the             prerefunding or advance refunding                 from the first sentence of paragraph (a).
heading by removing the word                 should be assigned as provided in the                21. Amend § 306.56 by removing the
‘‘definitive’’ and adding in its place the   prerefunding or advance refunding                 words ‘‘bearer securities or’’ from the
word ‘‘registered’’, and by removing the     offer.                                            last sentence of paragraph (b).
words ‘‘or bearer’’ in the second               13. Amend § 306.27 by revising the             § 306.57   [Amended]
sentence.                                    last sentence to read as follows:
                                                                                                 22. Amend § 306.57 by removing the
§ 306.23 Securities eligible to be held in   § 306.27 Redemption of bearer securities          words ‘‘or exchange for bearer
the TreasuryDirect Book-entry Securities     at maturity, upon prior call, or for advance      securities,’’ from paragraph (c)(1).
System.                                      refunding or prerefunding.                          23. Amend § 306.117 as follows:
*     *     *     *    *                        * * * Under appropriate                          a. Revise the heading to read as set
  (c) Procedure for conversion of bearer     circumstances, payment to a financial             forth below.
security. To convert a bearer security to                                                        b. Remove the words ‘‘A Reserve
                                             institution for detached past due
TREASURY DIRECT, the owner must                                                                Bank’’ from paragraph (b) and add the
                                             coupons may be made by crediting the
present it to the Department of the                                                            words ‘‘Public Debt’’ in their place, and
                                             amount of the proceeds to the account
Treasury, accompanied by a request for                                                         remove the word ‘‘definitive’’ and add
                                             maintained by the financial institution
conversion, which must include the                                                             in its place the word ‘‘registered’’.
                                             at the Federal Reserve bank of its                  c. Revise paragraph (d) to read as set
information needed for establishing a        district.
TREASURY DIRECT account, unless                                                                forth below.
such account has been previously             § 306.28   [Removed]
                                                                                               § 306.117 Withdrawal of eligible book-
established, and is identified by its          14. Remove § 306.28.                            entry Treasury securities for conversion to
number in the request.                         15. Amend § 306.37 by revising                  registered form.
*     *     *     *    *                     paragraph (d) to read as follows:                 *     *      *     *     *
                 Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                             38127

   (d) Treasury securities which are to be   Major Issues that §§ 989.18(b),                        Response: Accepted. Section 989.7(b)
delivered upon withdrawal may be             989.19(c)(3), and § A2.2.8 of Attachment            allows the Air Force to ask the requester
issued in registered form, to the extent     B1 be changed to refer to                           to provide an analysis of the
permitted by the applicable offering         disproportionately high and adverse                 environmental impacts. However, as
circular.                                    human health or environmental effects               stated in § 989.7(c), the Air Force must
  Dated: June 28, 1999.                      on ‘‘minority or low-income                         independently evaluate and approve the
Donald V. Hammond,                           populations.’’                                      scope and content of the analyses before
Fiscal Assistant Secretary.
                                               Response: Accepted. This change is                using the analyses to fulfill
                                             necessary to be consistent with E.O.                environmental impact analysis process
[FR Doc. 99–18060 Filed 7–14–99; 8:45 am]
                                             12898 on environmental justice. A                   requirements.
BILLING CODE 4810–39–P
                                             population can be low income and not                   Comment: Commenters recommend
                                             minority and visa versa.                            adding the following statement related
                                                                                                 to requests from non-Air Force agencies
DEPARTMENT OF DEFENSE                        1. Responsibilities                                 or entities: ‘‘EISs must be prepared
                                               Comment: Commenters state that the                directly by the Air Force or a contractor
Department of the Air Force
                                             Air Force needed to include a special               selected by the Air Force or where
32 CFR Part 989                              provision regarding government-to-                  appropriate under 40 CFR 1501.6(b), a
                                             government relations with federally                 cooperating agency.’’
RIN: 0701–AA56                               recognized Indian tribes, consistent                   Response: Accepted. Section 989.7(b)
                                             with the special role for tribes under the          states an EA or EIS can be prepared by
Environmental Impact Analysis                                                                    either the Air Force or a contractor that
                                             Council on Environmental Quality
Process (EIAP)
                                             (CEQ) regulations, in order to assess the           is selected and supervised by the Air
AGENCY:   Department of the Air Force,       impacts of federal actions on tribal                Force.
DoD.                                         resources.                                             3. Analysis of Alternatives
ACTION:   Final rule.                          Response: Section 989.3(c)(4)                        Comment: Commenters recommend
                                             includes Tribal governments as key                  adding the word ‘‘explicitly’’ to the
SUMMARY: The Department of the Air           participants in the Air Force                       § 989.8(c) to change the phrase to read:
Force has revised its instruction to         environmental impact analysis process.              ‘‘Except in those rare instances where
improve the Air Force process for            Additionally, § 989.1(b) states that the            explicitly excused by law . . .’’
compliance with the National                 CEQ regulations and this proposed                      Response: The language in § 989.8(c),
Environmental Policy Act (NEPA) and          document must be used together in                   as currently stated, sufficiently
Executive Order (E.O.) 12114,                order to comply with NEPA.                          highlights the legally narrow exceptions
Environmental Effects Abroad of Major        Individually and in combination with                where the environmental impacts of no-
Federal Actions. The revisions integrate     the CEQ regulations, this final rule                action alternatives are not considered.
environmental analysis and align             provides for proper tribal involvement.
environmental document approval                                                                  4. Cooperation and Adoption
levels with the Air Force decision-          2. Requests From Non-Air Force                         Comment: Commenters recommend
making process. It also expands Air          Agencies or Entities                                that § 989.9 should include a
Force environmental participants and            Comment: Commenters recommend                    requirement for the Air Force to
responsibilities of the Environmental        clarifying the use of the term                      advocate for serving as a cooperating
Planning Function (EPF) and the              ‘‘proponent,’’ in particular                        agency for those environmental
proponent of an action.                      ‘‘proponents’’ that are non-Air Force               documents that it intends to later adopt.
EFFECTIVE DATE: July 6, 1999.                entities, in the final rule.                        Otherwise, such documents must follow
FOR FURTHER INFORMATION CONTACT: Mr.            Response: The term ‘‘proponent’’                 appropriate CEQ guidelines for
Jack C. Bush (HQ USAF/ILEVP), 1260           throughout the document, as defined in              recirculating the documents.
Air Force Pentagon, Washington, DC           Attachment 1, refers to the office, unit,              Response: The language in § 989.9, as
20330–1260, (703) 604–0553.                  or activity that proposes to initiate an            currently stated, sufficiently addresses
SUPPLEMENTARY INFORMATION: The               action. The ‘‘proponent’’ may not                   the requirement to serve as a
Department of the Air Force has              always be an Air Force organization.                cooperating agency or to otherwise
determined that this rule is not a major     When an action affects Air Force                    follow the appropriate CEQ guidelines
rule because it will not have an annual      properties or programs, the ‘‘proponent’’           for environmental documents that the
effect on the economy of $100 million        organizations must comply with § 989.7.             Air Force intends to later adopt.
or more. The Secretary of the Air Force      However, we changed references from                 5. Categorical Exclusion
has certified that this rule is exempt       ‘‘proponent’’ to ‘‘Air Force’’ or the
                                                                                                    Comment: Commenters note that
from the requirements of the Regulatory      appropriate Air Force organization in
                                                                                                 § 989.13(e) references § 989.28.
Flexibility Act, 5 U.S.C. 601–612,           order to clarify §§ 989.8(b), 989.14(l),
                                                                                                 Recommend the reference be made to
because this rule does not have a            and § 989.19(b).
                                                                                                 § 989.30.
significant economic impact on small            Comment: Commenters recommend
                                                                                                    Response: Accepted.
entities as defined by the Act, and does     adding the following statement: ‘‘For                  Comment: Commenters contend that
not impose any obligatory information        EAs the Air Force must make its own                 it is unclear how the Air Force is
requirements beyond internal Air Force       evaluation of the environmental issues              determining no significance in terms of
use.                                         and take responsibility for the scope and           categorical exclusions, and request that
                                             content of the Environmental                        the Air Force define existing
Responses to Proposed Rule 32 CFR            Assessment.’’
Part 989                                                                                         environment.
                                                                                                    Response: The Air Force decided not
Discussion of Major Issues                     1 Note: Attachments 1, 2, and 3 in the proposed
                                                                                                 to define the phrase as requested. The
                                             rule published December 24, 1997 (62 FR 67305)
  Comment: Commenters recommend              have been redesignated as Appendices A, B, and C    Air Force agrees that the term ‘‘existing
that paragraph (r) in the Discussion of      to conform to Federal Register style.               environment’’ may have different
38128          Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

meanings in different circumstances.           Response: We adopt the definition of       in ensuring Air Force officials are aware
The term may, for example, sometimes         the term mitigation from 40 CFR              of and follow appropriate EPA
include expected future conditions as        1508.20. As defined, mitigation includes     guidance.
well as existing conditions. The Air         avoidance, minimization, restoration,
                                                                                          11. Air Quality
Force prefers that those performing the      preservation, and compensation.
analysis apply judgment about this on a      Additionally, the EA and unsigned               Comment: Commenters suggest that
case-by-case basis, taking into account      FONSI of an action that is mitigated to      the Air Force may want to allow more
the nature and context of the proposed       insignificance are made available for        flexibility to air quality (§ 989.30)
action. Further, the purpose of              public review for at least 30 days before    conformity analysis to either be
§ 989.13(b) is to identify the various       FONSI approval, in accordance with           developed parallel with EIAP, or
characteristics of actions that usually do   § 989.15(e)(2)(iv).                          prepared later when the alternative has
not require an EA or an EIS. Section                                                      been selected.
                                             7. Finding of No Significant Impact             Response: Air conformity analysis has
989.13(b) is intended to identify those
actions that usually do not warrant            Comment: Commenters note                   been a critical component of the EIAP
further environmental analysis because       § 989.15(5)(d) references § 989.23.          and is often a significant constraint in
they do not meaningfully change the          Recommend the reference be made to           Air Force planning. Therefore, air
status quo. It would undercut the intent     § 989.24.                                    conformity must remain an integral
of the paragraph were ‘‘existing               Response: Accepted.                        component of the EIAP—not as a
environment’’ here defined to include          Comment: Commenters recommend              separate, parallel, or subsequent
something other than the status quo.         adding the following phrase in               process.
Nor is it necessary to do so to avoid        § 989.15(e)(2), ‘‘and appropriate
                                                                                          12. Noise
overlooking potentially significant          resource agencies be notified.’’
impacts, since Appendix B, § A2.2              Response: The Air Force involves             Comment: Commenters recommend
already addresses those extraordinary        resource agencies as a standard              additional or alternative analysis for
situations where a normally excluded         procedure from the beginning and             noise effects for the special nature of the
action may have a significant                throughout the entire EIAP process.          national parks system and their special
environmental effect. For similar            Therefore, we read § 989.15(e)(2) to be      legislative mandates.
reasons, the Air Force also has decided      appropriate as written.                        Response: The Air Force currently
not to change the wording of §§ A2.3.7                                                    includes analysis on the impacts of
                                             8. Environmental Impact Statement            noise during the Environmental Impact
and A2.3.11.
                                                Comment: Commenters note that             Analysis Process. The Air Force will
6. Environmental Assessment                  § 989.16(b)(1) states that, if there are     continue to work with other agencies to
   Comment: Commenters recommend             public land withdrawals of over 5,000        address analysis of specific situations
the phrase ‘‘no decision’’ in § 989.14(a)    acres, an EIS is normally required. They     and potential noise impacts in general.
be clarified.                                recommend adding the following,
                                                                                          13. Environmental Justice
   Response: We agree that the phrase        ‘‘unless, of course, if there is
                                             significance for under 5,000, then an EIS      Comment: Commenters recommended
‘‘no decision’’ should be replaced with
                                             would be required.’’                         using the phrases ‘‘minority populations
‘‘no action.’’ We updated § 989.14(a)
                                                Response: Section 989.14(a) states        and low-income populations’’ or
accordingly.
                                             that every EA must lead to either a          ‘‘minority populations or low-income
   Comment: Commenters indicate that                                                      populations’’ to be consistent with E.O.
                                             FONSI, a decision to prepare an EIS, or
many Native American interests may                                                        12898 on environmental justice.
                                             no action on the proposal. Therefore, an
not be adequately represented by                                                            Response: Accepted.
                                             EA would include a FONSI, a decision
working only with Tribal governments.
                                             to prepare EIS, or a decision to take no     14. Appendix B—Categorical Exclusions
They recommend broadening
                                             action on the proposal.
involvement of Native Americans in the                                                       Comment: Commenters recommend
EIAP, where appropriate, to consider all     9. Record of Decision (ROD)                  deleting the last three words of § A2.1:
Native Americans.                              Comment: Commenters recommend              ‘‘. . . and so on.’’
   Response: Section 989.14(l) states the    in § 989.21 that the Air Force should           Response: Accepted.
Air Force proponent will involve other       note the CEQ requirement that no ROD            Comment: Commenters recommend
federal agencies, state, Tribal, and local   can be issued on a proposed action until     the Air Force clarify § A2.3.18 to
governments, and the public in the           the later of the following dates: (1) 90     account for instances where the
preparation of the EAs. As written, the      days after publication of the DEIS; or (2)   administrative transfer may require a
final rule considers input from Tribal       30 days after publication of the FEIS.       NEPA document.
governments and the public as a whole          Response: Accepted.                           Response: As the commenters
in the EIAP. This comprehensive                                                           indicate, some actions, normally
engagement provides for broad                10. Classified Actions (40 CFR               categorically excluded, may have a
involvement of all Native Americans,         1507.3(c))                                   significant environmental impact that
through both Tribal governments and            Comment: Regarding § 989.26,               may generate a requirement for further
individual Native Americans.                 Classified Actions, commenters               environmental analysis, per §§ A2.1 and
   Comment: Commenters state that the        recommend that the Air Force should          A2.2. As written, the final rule provides
document uses the word mitigation, but       make the EPA guidance on reviewing           appropriate guidance for actions,
Appendix A does not include a                classified NEPA documents available to       normally categorically excluded, that
definition for mitigation. They              appropriate Air Force officials and staff    may have significant impacts in
recommend clarification of the term          to ensure appropriate EPA staff are          actuality. The responsibility for
mitigation, make the definition explicit     included in the classified review            performing additional analysis is
that if it is a mitigated FONSI, that        process.                                     incumbent upon the environmental
significant impacts were noted but             Response: We appreciate this               planning function, which must consider
reduce to the insignificant level.           recommendation and will note its merit       each action on a case by case basis.
               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                                   38129

   Comment: Commenters recommend            may generate a requirement for further        within the United States and abroad.
the Air Force add a statement about         environmental analysis. As written, the       Because the authority for, and rules
hazardous waste disposal activities, and    final rule provides for appropriate           governing, each aspect of the EIAP differ
clarify how the Air Force intends to deal   involvement of affected agency officials,     depending on whether the action takes
with transportation issues associated       such as Federal land managers.                place in the United States or outside the
with hazardous materials and wastes.                                                      United States, this part provides largely
   Response: Consideration of hazardous     List of Subjects in 32 CFR Part 989
                                                                                          separate procedures for each type of
waste disposal sites are important and        Environmental Protection,                   action. Consequently, the main body of
require an EA. However, a special           Environmental Impact Statements.              this part deals primarily with
provision for discussion of hazardous         Therefore 32 CFR Part 989 is revised        environmental impact analysis under
waste disposal activities is not a topic    to read as follows:                           the authority of the National
that is appropriate for consideration in                                                  Environmental Policy Act of 1969
this final rule. Per §§ A2.1, A2.2, and     PART 989—ENVIRONMENTAL IMPACT                 (NEPA) (Public Law 91–190, 42 United
§ A2.3.28, transportation issues            ANALYSIS PROCESS (EIAP)                       States Code (U.S.C.) Sections 4321
associated with hazardous materials                                                       through 4347), while the primary
typically qualify for categorical           Sec.
                                                                                          procedures for environmental impact
exclusion. However, actions that may        989.1 Purpose.                                analysis of actions outside the United
have a significant environmental impact     989.2 Concept.
                                                                                          States in accordance with Executive
                                            989.3 Responsibilities.
may require further environmental           989.4 Initial considerations.                 Order (E.O.) 12114, Environmental
analysis. As written, the final rule        989.5 Organizational relationships.           Effects Abroad of Major Federal Actions,
provides for appropriate discussion of      989.6 Budgeting and funding.                  are contained in §§ 989.32 and 989.33.
transportation issues associated with       989.7 Requests from Non-Air Force               (b) The procedures in this part are
hazardous materials and wastes.                  agencies or entities.                    essential to achieve and maintain
   Comment: Commenters recommend            989.8 Analysis of alternatives.               compliance with NEPA and the Council
the Air Force request written               989.9 Cooperation and adoption.               on Environmental Quality (CEQ)
concurrence from the superintendent of      989.10 Tiering.                               Regulations for Implementing the
any affected National Park Service units    989.11 Combining EIAP with other              Procedural Provisions of the NEPA (40
in determining ‘‘minimal adverse effect          documentation.
                                            989.12 AF Form 813, Request for
                                                                                          CFR Parts 1500 through 1508, referred
on environmental quality,’’ regarding            Environmental Impact Analysis.           to as the ‘‘CEQ Regulations’’). Further
categorical exclusions.                     989.13 Categorical exclusion.                 requirements are contained in
   Response: Per §§ A2.1 and A2.2,          989.14 Environmental assessment.              Department of Defense Directive (DoDD)
actions that qualify for categorical        989.15 Finding of no significant impact.      4715.1, Environmental Security,
exclusions must still comply with all       989.16 Environmental impact statement.        Department of Defense Instruction
other related environmental                 989.17 Notice of intent.                      (DoDI) 4715.9, Environmental Planning
requirements, such as regulatory agency     989.18 Scoping.                               and Analysis, DoDD 5000.1, Defense
review of plans. Actions, normally          989.19 Draft EIS.                             Acquisition, and Department of Defense
categorically excluded, may have a          989.20 Final EIS.                             Regulation 5000.2–R, Mandatory
significant environmental impact that       989.21 Record of decision (ROD).
                                            989.22 Mitigation.
                                                                                          Procedures for Major Defense
may generate a requirement for further                                                    Acquisition Programs and Major
                                            989.23 Contractor prepared documents.
environmental analysis. As written, the     989.24 Public notification.                   Automated Information Systems.1 To
final rule provides for appropriate         989.25 Base closure and realignment.          comply with NEPA and complete the
involvement of affected agency officials,   989.26 Classified actions (40 CFR             EIAP, the CEQ Regulations and this part
such as a superintendent of a National           1507.3(c)).                              must be used together.
Park Service unit.                          989.27 Occupational safety and health.          (c) Air Force activities abroad will
   Comment: Commenters indicate in          989.28 Airspace and range proposals.          comply with this part, E. O. 12114, and
§§ A2.3.35 and A2.3.36 that it cannot       989.29 Force structure and unit move          32 CFR Part 187 (DoDD 6050.7,
always be assumed that flights at 3,000          proposals.                               Environmental Effects Abroad of Major
feet or higher above ground level will      989.30 Air quality.
                                                                                          Department of Defense Actions, March
have insignificant impacts on federal       989.31 Pollution prevention.
                                            989.32 Noise.
                                                                                          31, 1979). To comply with E.O. 12114
lands. This is especially true if ‘‘above   989.33 Environmental justice.                 and complete the EIAP, the Executive
ground level’’ is interpreted literally,    989.34 Special and emergency procedures.      Order, 32 CFR Part 187, and this part
rather than ‘‘above the highest rims of     989.35 Reporting requirements.                must be used together.
canyons or valleys’’ as in FAA Advisory     989.36 Waivers.                                 (d) Appendix A is a glossary of
Circular 91–36C, and if it does not         989.37 Procedures for analysis abroad.        references, abbreviations, acronyms, and
include a horizontal separation in          989.38 Requirements for analysis abroad.      terms. Refer to 40 CFR 1508 for
addition to the vertical separation.        Appendix A to Part 989—Glossary of            definitions of other terminology used in
Recommend adding, ‘‘except where                 References, Abbreviations, Acronyms,     this part.
Federal lands are involved, unless the           and Terms.
                                            Appendix B to Part 989—Categorical            § 989.2    Concept.
Federal land manager agrees in writing           Exclusions.
that a categorical exclusion is                                                             (a) This part provides a framework on
                                            Appendix C to Part 989—Procedures for         how to comply with NEPA and E.O.
appropriate.’’                                   Holding Public Hearings on Draft
   Response: Per §§ A2.1 and A2.2,               Environmental Impact Statements (EIS).
                                                                                          12114 according to Air Force Policy
actions that qualify for categorical                                                      Directive (AFPD) 32–70 2. The Air Force
                                              Authority: 10 U.S.C. 8013.
exclusions must still comply with all                                                     specific procedures and requirements in
other related environmental                 § 989.1   Purpose.
                                                                                            1 Copies of the publications are available, at cost,
requirements, such as regulatory agency       (a) This part implements the Air Force
                                                                                          from the National Technical Information Service,
review of plans. Actions, normally          Environmental Impact Analysis Process         U.S. Department of Commerce, 5285 Port Royal
categorically excluded, may have a          (EIAP) and provides procedures for            Road, Springfield, VA 22161.
significant environmental impact that       environmental impact analysis both              2 See footnote 1 to § 989.1.
38130            Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

this part are intended to be used by Air     Force Security and Policy Review 3 prior      installations a copy of the final response
Force decision-makers to fully comply        to public release.                            and a complete set of all review
with NEPA and the EIAP.                        (ii) Assists the environmental              comments.
  (b) Major commands (MAJCOM)                planning function and the Air Force              (3) Single Manager Acquisition
provide additional implementing              Legal Services Agency, Trial Judiciary        Programs (system-related NEPA). The
guidance in their supplemental               Division (AFLSA/JAJT), in planning and        proponent Single Manager (i.e., System
publications to this part. MAJCOM            conducting public scoping meetings and        Program Director, Materiel Group
supplements must identify the specific       hearings.                                     Managers, and Product Group
offices that have implementation               (iii) Ensures that public affairs aspects   Managers) for all programs, regardless of
responsibility and include any guidance      of all EIAP actions are conducted in          acquisition category, shall comply with
needed to comply with this part. All         accordance with this part and AFI 35–         DoD Regulation 5000.2–R. SAF/AQR, as
references to MAJCOMs in this part           202, Environmental Community                  the Air Force Acquisition Executive
include the Air National Guard               Involvement.4                                 Office, is the final approval authority for
Readiness Center (ANGRC) and other             (iv) The National Guard Bureau,             all system-related NEPA documents.
agencies designated as ‘‘MAJCOM              Office of Public Affairs (NGB-PA), will       SAF/AQR is responsible for
equivalent’’ by HQ USAF.                     assume the responsibilities of SAF/PA         accomplishing appropriate
                                             for the EIAP involving the National           Headquarters EPC/ESOHC review. The
§ 989.3   Responsibilities.                  Guard Bureau, Air Directorate.                Single Manager will obtain appropriate
  (a) Office of the Secretary of the Air       (b) Headquarters U.S. Air Force (HQ         Product Center EPC approval prior to
Force:                                       USAF). The Civil Engineer (HQ USAF/           forwarding necessary EIAP documents
  (1) The Deputy Assistant Secretary of      ILE) is responsible for execution of the      (i.e., Notices of Intent (NOIs) and
the Air Force for Environment, Safety        EIAP program. The National Guard              preliminary draft and final EAs and
and Occupational Health (SAF/MIQ):           Bureau Air Directorate (NGB–CF)               EISs) to SAF/AQR. The Single Manager
  (i) Develops environmental planning        oversees the EIAP for Air National            will allow for concurrent review of EIAP
policy and provides oversight of the         Guard actions.                                documents by HQ AFMC/CEV and the
EIAP program.                                  (c) MAJCOMs, the Air National               Operational Command (HQ ACC, HQ
  (ii) Determines the level of               Guard, Field Operating Agencies               AMC, HQ AFSPC, etc.) The Single
environmental analysis required for          (FOAs), and Single Manager Programs.          Manager is responsible for budgeting
especially important, visible, or            These organizations establish                 and funding EIAP efforts, including
controversial Air Force proposals and        procedures that comply with this part         EIAP for research, development, testing,
approves selected Environmental              wherever they are the host unit for           and evaluation activities.
Assessments (EAs) and all                    preparing and using required                     (4) Key Air Force environmental
Environmental Impact Statements (EISs)       environmental documentation in                participants. The EIAP must be
prepared for Air Force actions, whether      making decisions about proposed               approached as an integrated team effort
classified or unclassified, except as        actions and programs within their             including key participants within the
specified in paragraph (c)(3) of this        commands or areas of responsibility.          Air Force and also involving outside
section.                                       (1) Air Force Center for                    federal agencies, state, Tribal, and local
  (iii) Is the liaison on environmental      Environmental Excellence (AFCEE). The         governments, interested outside parties,
matters with Federal agencies and            AFCEE Environmental Conservation              citizens groups, and the general public.
national level public interest               and Planning Directorate (AFCEE/EC) is        Key Air Force participants may include
organizations.                               available to provide technical assistance     the following functional areas, as well
  (iv) Ensures appropriate offices in the    and has the capability to provide             as others:
Office of the Secretary of Defense are       contract support to the proponent, EPF,
kept informed on EIAP matters of                                                           Proponent
                                             and MAJCOMs in developing EIAP                Civil Engineers/Environmental Planning
Defense-wide interest.                       documents.                                      Function
  (2) The General Counsel (SAF/GC).            (2) Air Force Regional Environmental        Staff Judge Advocate
Provides final legal advice to SAF/MI,       Offices (REOs). REOs review non-Air           Public Affairs
HQ USAF, and HQ USAF Environment,            Force environmental documents that            Medical Service (Bioenvironmental Engineer)
Safety and Occupational Health               may have an impact on the Air Force.          Safety Office
Committee (ESOHC) on EIAP issues.            Requests for review of such documents         Range and Airspace Managers
  (3) Office of Legislative Liaison (SAF/    should be directed to the proper REO          Bases and Units
LL):                                         (Atlanta, Dallas, or San Francisco) along     Plans and Programs
  (i) Assists with narrowing and             with any relevant comments. The REO:          Logistics
defining key issues by arranging                                                           Personnel
                                               (i) Notifies the proponent, after
consultations with congressional                                                           Legislative Liaison
                                             receipt, that the REO is the single point
delegations on potentially sensitive         of contact for the Air Force review of the      (d) Proponent. Each office, unit, single
actions.                                     document.                                     manager, or activity at any level that
  (ii) Distributes draft and final EISs to     (ii) Requests comments from                 initiates Air Force actions is responsible
congressional delegations.                   potentially affected installations,           for:
  (iii) Reviews and provides the Office      MAJCOMs, the ANG, and HQ USAF, as               (1) Complying with the EIAP and
of the Secretary of Defense (OSD) with       appropriate.                                  shall ensure integration of the EIAP
analyses of the Air Force position on          (iii) Consolidates comments into the        during the initial planning stages of
proposed and enrolled legislation and        Air Force official response and submits       proposed actions so that planning and
executive department testimony dealing       the final response to the proponent.          decisions reflect environmental values,
with EIAP issues.                              (iv) Provides to HQ USAF/ILEVP and          delays are avoided later in the process,
  (4) Office of Public Affairs (SAF/PA):     the appropriate MAJCOMs and                   and potential conflicts are precluded.
  (i) Reviews and clears environmental                                                       (2) Notifying the EPF of a pending
documents in accordance with Air              3 See   footnote 1 to § 989.1.               action and completing Section I of AF
Force Instruction (AFI) 35–205, Air           4 See   footnote 1 to § 989.1.               Form 813, Request for Environmental
                     Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                    38131

Impact Analysis. Prepare the                 environmental function located with a           (1) Advises the proponent, EPF, and
Description of Proposed Action and           program office. The EPF:                     EPC on CATEX determinations and the
Alternatives (DOPAA) through an                 (1) Supports the EIAP by bringing key     legal sufficiency of environmental
interdisciplinary team approach              participants in at the beginning of a        documents.
including the EPF and other key Air          proposed action and involving them              (2) Advises the EPF during the
Force participants.                          throughout the EIAP. Key participants        scoping process of issues that should be
  (3) Identifying key decision points        play an important role in defining and       addressed in EISs and on procedures for
and coordinating with the EPF on EIAP        focusing key issues at the initial stage.    the conduct of public hearings.
phasing to ensure that environmental            (2) At the request of the proponent,         (3) Coordinates the appointment of
documents are available to the decision-     prepares environmental documents             the independent hearing officer with
maker before the final decision is made      using an interdisciplinary approach, or      AFLSA/JAJT and provides support for
and ensuring that, until the EIAP is         obtains technical assistance through Air     the hearing officer in cases of public
complete, resources are not committed        Force channels or contract support.          hearings on the draft EIS. The
prejudicing the selection of alternatives    Assists the proponent in obtaining           proponent pays administrative and
nor actions taken having an adverse          review of environmental documents.           Temporary Duty (TDY) costs. The
environmental impact or limiting the            (3) Assists the proponent in preparing    hearing officer presides at hearings and
choice of reasonable alternatives.           a DOPAA and actively supports the            makes final decisions regarding hearing
  (4) Determining, with the EPF, as          proponent during all phases of the           procedures.
early as possible whether to prepare an      EIAP.                                           (4) Promptly refers all matters causing
EIS. The proponent and the EPF will             (4) Evaluates proposed actions and        or likely to cause substantial public
conduct an early internal scoping            completes Sections II and III of AF Form     controversy or litigation through
process as part of the EIAP process. The     813, subsequent to submission by the         channels to AFLSA/JACE (or NGB–JA).
internal scoping process should involve      proponent and determines whether a              (h) Public Affairs Officer. This officer:
key Air Force environmental                  Categorical Exclusion (CATEX) applies.          (1) Advises the EPF, the EPC, and the
participants (see § 989.3(c)(4)) and other   The responsible EPF member signs the         proponent on public affairs activities on
Air Force offices as needed and              AF Form 813 certification.                   proposed actions and reviews
conclude with preparation of a DOPAA.           (5) Identifies and documents, with        environmental documents for public
For complex or detailed EAs or EISs, an      technical advice from the                    involvement issues.
outside facilitator trained in EIAP may      Bioenvironmental Engineer and other             (2) Advises the EPF of issues and
be used to focus and guide the               staff members, environmental quality         competing interests that should be
discussion. Department of the Air Force      standards that relate to the action under    addressed in the EIS or EA.
                                             evaluation.                                     (3) Assists in preparation of and
personnel, rather than contractors,
                                                (6) Supports the proponent in             attends public meetings or media
should generally be used to prepare the
                                             preparing environmental documents, or        sessions on environmental issues.
DOPAA.
                                             obtains technical assistance through Air        (4) Prepares, coordinates, and
  (5) Presenting the DOPAA to the EPC
                                             Force channels or contract support and       distributes news releases and other
for review and comment.
                                             adopts the documents as official Air         public information materials related to
  (6) Coordinating with the EPF, Public                                                   the proposal and associated EIAP
Affairs, and Staff Judge Advocate prior      Force papers when completed and
                                             approved.                                    documents.
to organizing public or interagency                                                          (5) Notifies the media (television,
                                                (7) Ensures the EIAP is conducted on
meetings which deal with EIAP                                                             radio, newspaper) and purchases
                                             base-level and MAJCOM-level plans,
elements of a proposed action and                                                         advertisements when newspapers will
                                             including contingency plans for the
involving persons or agencies outside                                                     not run notices free of charge. The EPF
                                             training, movement, and operations of
the Air Force.                                                                            will fund the required advertisements.
                                             Air Force personnel and equipment.
  (7) Subsequent to the decision to                                                          (6) Determines and ensures Security
                                                (8) Prepares the NOI to prepare an EIS
prepare an EIS, assisting the EPF and                                                     Review requirements are met for all
                                             with assistance from the proponent and
Public Affairs Office in preparing a draft                                                information proposed for public release.
                                             the Public Affairs Office.
NOI to prepare an EIS. All NOIs must            (9) Prepares applicable portions of the      (7) For more comprehensive
be forwarded through the MAJCOM EPF          Certificate of Compliance for each           instructions about public affairs
to HQ USAF/ILEV for review and               military construction project according      activities in environmental matters, see
publication in the Federal Register.         to AFI 32–1021, Planning and                 AFI 35–202.8
Publication in the Federal Register is       Programming of Facility Construction            (i) Medical Service. The Medical
accomplished in accordance with AFI          Projects.6                                   Service, represented by the
37–120, Federal Register.5 (See                 (10) Submits one hard copy and one        Bioenvironmental Engineer, provides
§ 989.17.)                                   electronic copy of the final EA/Finding      technical assistance to EPFs in the areas
  (8) Ensuring that proposed actions are     of No Significant Impact (FONSI) and         of environmental health standards,
implemented as described in the final        EIS/Record of Decision (ROD) to the          environmental effects, and
EIAP decision documents.                     Defense Technical Information Center.        environmental monitoring capabilities.
  (e) Environmental Planning Function           (f) Environmental Protection              The Air Force Armstrong Laboratory,
(EPF). At every level of command, the        Committee (EPC). The EPC helps               Occupational and Environmental Health
EPF is one of the key Air Force              commanders assess, review, and               Directorate, provides additional
participants responsible for the EIAP.       approve EIAP documents in accordance         technical support.
The EPF can be the environmental flight      with AFI 32–7005, Environmental                 (j) Safety Office. The Safety Office
within a civil engineer squadron, a          Protection Committees.7                      provides technical review and
separate environmental management               (g) Staff Judge Advocate (SJA). The       assistance to EPFs to ensure
office at an installation, the CEV at        Staff Judge Advocate:                        consideration of safety standards and
MAJCOMs, or an equivalent                                                                 requirements.
                                              6 See   footnote 1 to § 989.1.
 5 See   footnote 1 to § 989.1.               7 See   footnote 1 to § 989.1.               8 See   footnote 1 to § 989.1.
38132             Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

§ 989.4   Initial considerations.           preparation method, the host command        impacts (40 CFR 1506.5), or the
   Air Force personnel will:                will ensure the required environmental      requester may be required to pay for an
   (a) Consider and document                analysis is accomplished before a           EA or EIS to be prepared by a contractor
environmental effects of proposed Air       decision is made on the proposal and an     selected and supervised by the Air
Force actions through AF Forms 813,         action is undertaken. Support               Force. The EPF may permit requesters to
EAs, FONSIs, EISs, RODs, and                agreements should provide specific          submit draft EAs for their proposed
documents prepared according to E.O.        procedures to ensure host oversight of      actions, except for actions described in
12114.                                      tenant compliance, tenant funding or        § 989.16(a) and (b), or for actions the
   (b) Evaluate proposed actions for        reimbursement of host EIAP costs, and       EPF has reason to believe will
possible CATEX from environmental           tenant compliance with the EIAP             ultimately require an EIS. For EISs, the
impact analysis (appendix B).               regardless of the tenant not being an Air   EPF has the responsibility to prepare the
   (c) Make environmental documents,        Force organization.                         environmental document, although
comments, and responses, including             (c) For aircraft beddown and unit        responsibility for funding remains with
those of other federal agencies, state,     realignment actions, program elements       the requester. The fact that the requester
Tribal, and local governments, and the      are identified in the Program Objective     has prepared environmental documents
public, part of the record available for    Memorandum. Subsequent Program              at its own expense does not commit the
review and use at all levels of             Change Requests must include AF Form        Air Force to allow or undertake the
decisionmaking.                             813.                                        proposed action or its alternatives. The
   (d) Review the specific alternatives        (d) To ensure timely initiation of the   requester is not entitled to any
analyzed in the EIAP when evaluating        EIAP, SAF/AQ forwards information           preference over other potential parties
the proposal prior to decisionmaking.       copies of all Mission Need Statements       with whom the Air Force might contract
   (e) Ensure that alternatives to be       and System Operational Requirements         or make similar arrangements.
considered by the decisionmaker are         Documents to SAF/MIQ, HQ USAF/                 (d) In no event is the requester who
both reasonable and within the range of     ILEV (or ANGRC/CEV), the Air Force          prepares or funds an environmental
alternatives analyzed in the                Medical Operations Agency, Aerospace        analysis entitled to reimbursement from
environmental documents.                    Medicine Office (AFMOA/SG), and the         the Air Force. When requesters prepare
   (f) Pursue the objective of furthering   affected MAJCOM EPFs.                       environmental documents outside the
foreign policy and national security           (e) The MAJCOM of the scheduling         Air Force, the Air Force must
interests while at the same time            unit managing affected airspace is          independently evaluate and approve the
considering important environmental         responsible for preparing and approving     scope and content of the environmental
factors.                                    environmental analyses.                     analyses before using the analyses to
   (g) Consider the environmental effects                                               fulfill EIAP requirements. Any outside
of actions that affect the global           § 989.6   Budgeting and funding.            environmental analysis must evaluate
commons.                                       Contract EIAP efforts are proponent      reasonable alternatives as defined in
   (h) Determine whether any foreign        MAJCOM responsibilities. Each year,         § 989.8.
government should be informed of the        the EPF programs for anticipated out-
availability of environmental                                                           § 989.8   Analysis of alternatives.
                                            year EIAP workloads based on inputs
documents. Formal arrangements with         from command proponents. If                    (a) The Air Force must analyze
foreign governments concerning              proponent offices exceed the budget in      reasonable alternatives to the proposed
environmental matters and                   a given year or identify unforeseen         action and the ‘‘no action’’ alternative in
communications with foreign                 requirements, the proponent offices         all EAs and EISs, as fully as the
governments concerning environmental        must provide the remaining funding.         proposed action alternative.
agreements will be coordinated with the                                                    (b) ‘‘Reasonable’’ alternatives are
Department of State by the Deputy           § 989.7 Requests from Non-Air Force         those that meet the underlying purpose
Assistant Secretary of the Air Force for    agencies or entities.                       and need for the proposed action and
Environment, Safety, and Occupational         (a) Non-Air Force agencies or entities    that would cause a reasonable person to
Health (SAF/MIQ) through the Deputy         may request the Air Force to undertake      inquire further before choosing a
Under Secretary of Defense                  an action, such as issuing a permit or      particular course of action. Reasonable
(Environmental Security). This              outleasing Air Force property, that may     alternatives are not limited to those
coordination requirement does not           primarily benefit the requester or an       directly within the power of the Air
apply to informal working-level             agency other than the Air Force. The        Force to implement. They may involve
communications and arrangements.            EPF and other Air Force staff elements      another government agency or military
                                            must identify such requests and             service to assist in the project or even
§ 989.5   Organizational relationships.     coordinate with the proponent of the        to become the lead agency. The Air
  (a) The host EPF manages the EIAP         non-Air Force proposal, as well as with     Force must also consider reasonable
using an interdisciplinary team             concerned state, Tribal, and local          alternatives raised during the scoping
approach. This is especially important      governments.                                process (see § 989.18) or suggested by
for tenant-proposed actions, because the      (b) Air Force decisions on such           others, as well as combinations of
host command is responsible for the         proposals must take into consideration      alternatives. The Air Force need not
EIAP for actions related to the host        the potential environmental impacts of      analyze highly speculative alternatives,
command’s installations.                    the applicant’s proposed activity (as       such as those requiring a major, unlikely
  (b) The host command prepares             described in an Air Force environmental     change in law or governmental policy.
environmental documents internally or       document), insofar as the proposed          If the Air Force identifies a large
directs the host base to prepare the        action involves Air Force property or       number of reasonable alternatives, it
environmental documents.                    programs, or requires Air Force             may limit alternatives selected for
Environmental document preparation          approval.                                   detailed environmental analysis to a
may be by contract (requiring the tenant      (c) The Air Force may require the         reasonable range or to a reasonable
to fund the EIAP), by the tenant unit, or   requester to prepare, at the requester’s    number of examples covering the full
by the host. Regardless of the              expense, an analysis of environmental       spectrum of alternatives.
                 Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                     38133

   (c) The Air Force may expressly          the proposed action is not substantially     either an EIS or an EA (in the absence
eliminate alternatives from detailed        the same as that described in the EA or      of extraordinary circumstances) include:
analysis, based on reasonable selection     the EIS, the Air Force may adopt the EA         (1) Minimal adverse effect on
standards (for example, operational,        or EIS, or a portion thereof, by             environmental quality.
technical, or environmental standards       circulating the EA or EIS as a draft and        (2) No significant change to existing
suitable to a particular project). In       then preparing the final EA or EIS.          environmental conditions.
consultation with the EPF, the                                                              (3) No significant cumulative
appropriate Air Force organization may      § 989.10     Tiering.                        environmental impact.
develop written selection standards to        The Air Force should use tiered (40           (4) Socioeconomic effects only.
firmly establish what is a ‘‘reasonable’’   CFR 1502.20) environmental                      (5) Similarity to actions previously
alternative for a particular project, but   documents, and environmental                 assessed and found to have no
they must not so narrowly define these      documents prepared by other agencies,        significant environmental impacts.
standards that they unnecessarily limit     to eliminate repetitive discussions of the      (c) CATEXs apply to actions in the
consideration to the proposal initially     same issues and to focus on the issues       United States and abroad. General
favored by proponents. This discussion      relating to specific actions. If the Air     exemptions specific to actions abroad
of reasonable alternatives applies          Force adopts another Federal agency’s        are in 32 CFR part 187. The EPF or other
equally to EAs and EISs.                    environmental document, subsequent           decision-maker forwards requests for
   (d) Except in those rare instances       Air Force environmental documents            additional exemption determinations for
where excused by law, the Air Force         may also be tiered.                          actions abroad to HQ USAF/ILEV with
must always consider and assess the                                                      a justification letter.
environmental impacts of the ‘‘no           § 989.11 Combining EIAP with other              (d) Normally, any decision-making
action’’ alternative. ‘‘No action’’ may     documentation.                               level may determine the applicability of
mean either that current management           (a) The EPF combines environmental         a CATEX and need not formally record
practice will not change or that the        analysis with other related                  the determination on AF Form 813 or
proposed action will not take place. If     documentation when practicable (40           elsewhere, except as noted in the
no action would result in other             CFR 1506.4) following the procedures         CATEX list.
                                            prescribed by the CEQ regulations and           (e) Application of a CATEX to an
predictable actions, those actions
                                            this part.                                   action does not eliminate the need to
should be discussed within the no
                                              (b) The EPF must integrate                 meet air conformity requirements (see
action alternative section. The
                                            comprehensive planning (AFI 32–7062,         § 989.30).
discussion of the no action alternative
and the other alternatives should be        Air Force Comprehensive Planning 9)          § 989.14   Environmental assessment.
comparable in detail to that of the         with the requirements of the EIAP. Prior        (a) When a proposed action is one not
proposed action.                            to making a decision to proceed, the         usually requiring an EIS but is not
                                            EPF must analyze the environmental           categorically excluded, the EPF
§ 989.9   Cooperation and adoption.         impacts that could result from               supports the proponent in preparing an
   (a) Lead and cooperating agency (40      implementation of a proposal identified      EA (40 CFR 1508.9). Every EA must lead
CFR 1501.5 and 1501.6). When the Air        in the comprehensive plan.                   to either a FONSI, a decision to prepare
Force is a cooperating agency in the
                                            § 989.12 AF Form 813, Request for            an EIS, or no action on the proposal.
preparation of an EIS, the Air Force                                                        (b) Whenever a proposed action
reviews and approves principal              Environmental Impact Analysis.
                                                                                         usually requires an EIS, the EPF
environmental documents within the             The Air Force uses AF Form 813 to         responsible for the EIAP may prepare an
EIAP as if they were prepared by the Air    document the need for environmental          EA to definitively determine if an EIS is
Force. The Air Force executes a ROD for     analysis or for certain CATEX                required based on the analysis of
its program decisions that are based on     determinations for proposed actions.         environmental impacts. Alternatively,
an EIS for which the Air Force is a         The form helps narrow and focus the          the EPF may choose to bypass the EA
cooperating agency. The Air Force may       issues to potential environmental            and proceed with preparation of an EIS.
also be a lead or cooperating agency on     impacts. AF Form 813 must be retained           (c) An EA is a written analysis that:
an EA using similar procedures, but the     with the EA or EIS to record the                (1) Provides analysis sufficient to
MAJCOM EPC retains approval                 focusing of environmental issues. The        determine whether to prepare an EIS or
authority unless otherwise directed by      rationale for not addressing                 a FONSI.
HQ USAF. Before invoking provisions         environmental issues must also be               (2) Aids the Air Force in complying
of 40 CFR 1501.5(e), the lowest             recorded in the EA or EIS.                   with the NEPA when no EIS is required.
authority level possible resolves                                                           (d) The length of an EA should be as
disputes concerning which agency is the     § 989.13     Categorical exclusion.          short and concise as possible, while
lead agency.                                  (a) CATEXs define those categories of      matching the magnitude of the proposal.
   (b) Adoption of EA or EIS. The Air       actions that do not individually or          An EA briefly discusses the need for the
Force, even though not a cooperating        cumulatively have potential for              proposed action, reasonable alternatives
agency, may adopt an EA or EIS              significant effect on the environment        to the proposed action, the affected
prepared by another entity where the        and do not, therefore, require further       environment, the environmental
proposed action is substantially the        environmental analysis in an EA or an        impacts of the proposed action and
same as the action described in the EA      EIS. The list of Air Force-approved          alternatives (including the ‘‘no action’’
or EIS. In this case, the EA or EIS must    CATEXs is in Appendix B. Supplements         alternative), and a listing of agencies
be recirculated as a final EA or EIS but    to this part may not add CATEXs or           and persons consulted during
the Air Force must independently            expand the scope of the CATEXs in            preparation. The EA should not contain
review the EA or EIS and determine that     Appendix B.                                  long descriptions or lengthy, detailed
it is current and that it satisfies the       (b) Characteristics of categories of       data. Rather, incorporate by reference
requirements of this part. The Air Force    actions that usually do not require          background data to support the concise
then prepares its own FONSI or ROD, as                                                   discussion of the proposal and relevant
the case may be. In the situation where      9 See   footnote 1 to § 989.1.              issues.
38134          Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

   (e) The format for the EA may be the     (except as indicated in the CATEX list)        action, unless disclosure is precluded
same as the EIS. The alternatives section   include:                                       for security classification reasons. Draft
of an EA and an EIS are similar and           (1) Public land withdrawals of less          EAs and unsigned draft FONSIs will be
should follow the alternatives analysis     than 5,000 acres.                              clearly identified as drafts and
guidance outlined in § 989.8.                 (2) Minor mission realignments and           distributed via cover letter which will
   (f) The EPF should design the EA to      aircraft beddowns.                             explain their purpose and need. The
facilitate rapidly transforming the           (3) New building construction on base        EPF provides a copy of the documents
document into an EIS if the                 within developed areas.                        without cost to organizations and
environmental analysis reveals a              (4) Minor modifications to Military          individuals requesting them. The FONSI
significant impact.                         Operating Areas (MOAs), air-to-ground          transmittal date (date of letter of
   (g) EAs for actions where the Air        weapons ranges, and military training          transmittal) to the state SPOC or other
Force has wetlands or floodplains           routes.                                        equivalent agency is the official
compliance responsibilities (E.O. 11988       (l) The Air Force will involve other         notification date.
and E.O. 11990) require SAF/MIQ             federal agencies, state, Tribal, and local        (1) Before the FONSI is signed and the
approval. As a finding contained in the     governments, and the public in the             action is implemented, the EPF should
draft FONSI, a Finding of No Practicable    preparation of EAs (40 CFR 1501.4(b)           allow sufficient time to receive
Alternative (FONPA) must be submitted       and 1506.6). The extent of involvement         comments from the public. The time
(five hard copies and an electronic         usually coincides with the magnitude           period will reflect the magnitude of the
version) through the MAJCOM EPF to          and complexity of the proposed action          proposed action and its potential for
HQ USAF/ILEVP when the alternative          and its potential environmental effect         controversy. The greater the magnitude
selected is located in wetlands or          on the area. For proposed actions              of the proposed action or its potential
floodplains, and must discuss why no        described in § 989.15(e)(2), use either        for controversy, the longer the time that
other practicable alternative exists to     the scoping process described in               must be allowed for public review.
avoid impacts. See AFI 32–7064,             § 989.18 or the public notice process in       Mandatory review periods for certain
Integrated Natural Resources                § 989.24.                                      defined actions are contained in
Management.                                                                                § 989.15(e)(2). These are not all
                                            § 989.15   Finding of no significant impact.
   (h) EAs and accompanying FONSIs                                                         inclusive but merely specific examples.
                                               (a) The FONSI (40 CFR 1508.13)              In every case where an EA and FONSI
that require the Air Force to make Clean
                                            briefly describes why an action would          are prepared, the proponent and EPF
Air Act General Conformity
                                            not have a significant effect on the           must determine how much time will be
Determinations shall be submitted (five
                                            environment and thus will not be the           allowed for public review. In all cases,
hard copies and an electronic version)
                                            subject of an EIS. The FONSI must              other than classified actions, a public
through the MAJCOM EPF to HQ USAF/
                                            summarize the EA or, preferably, have          review period should be the norm
ILEVP for SAF/MIQ approval. SAF/MIQ
                                            it attached and incorporated by                unless clearly unnecessary due to the
signs all General Conformity
                                            reference, and must note any other             lack of potential controversy.
Determinations and will also sign the
                                            environmental documents related to the            (2) In the following circumstances, the
companion FONSIs, when requested by
                                            action.                                        EA and unsigned FONSI are made
the MAJCOM (see § 989.30).                     (b) If the EA is not incorporated by
   (i) In cases potentially involving a                                                    available for public review for at least
                                            reference, the FONSI must include:             30 days before FONSI approval and
high degree of controversy or Air Force-       (1) Name of the action.
wide concern, the MAJCOM, after                                                            implementing the action (40 CFR
                                               (2) Brief description of the action         1501.4(e)(2)):
consultation with HQ USAF/ILEVP,            (including alternatives considered and
may request HQ USAF ESOHC review                                                              (i) When the proposed action is, or is
                                            the chosen alternative).                       closely similar to, one that usually
and approval of an EA, or HQ USAF              (3) Brief discussion of anticipated
may direct the MAJCOM to forward an                                                        requires preparation of an EIS (see
                                            environmental effects.                         § 989.16).
EA (five hard copies and an electronic         (4) Conclusions leading to the FONSI.          (ii) If it is an unusual case, a new kind
version) for HQ USAF ESOHC review              (5) All mitigation actions that will be     of action, or a precedent-setting case in
and approval.                               adopted with implementation of the             terms of its potential environmental
   (j) As a minimum, the following EAs      proposal (see § 989.22).                       impacts.
require MAJCOM approval because they           (c) Keep FONSIs as brief as possible.          (iii) If the proposed action would be
involve topics of special importance or     Only rarely should FONSIs exceed two           located in a floodplain or wetland.
interest. Unless directed otherwise by      typewritten pages. Stand-alone FONSIs             (iv) If the action is mitigated to
HQ USAF/ILEVP, the installation EPF         without an attached EA may be longer.          insignificance in the FONSI, in lieu of
must forward the following types of EAs        (d) For actions of regional or local        an EIS (§ 989.22(c)).
to the MAJCOM EPF, along with an            interest, disseminate the FONSI                   (v) If the proposed action is a change
unsigned draft FONSI: (MAJCOMs can          according to § 989.24. The MAJCOM              to airspace use or designation.
require other EAs to receive MAJCOM         and NGB are responsible for release of            (vi) If the proposed action would have
approval in addition to those types         FONSIs to regional offices of Federal          a disproportionately high and adverse
specified here.)                            agencies, the state single point of            environmental effect on minority
   (1) All EAs on non-Air Force             contact (SPOC), and state agencies             populations and low-income
proposals that require an Air Force         concurrent with local release by the           populations.
decision, such as use of Air Force          installations.                                    (f) As a general rule, the same
property for highways, space ports, and        (e) The EPF must make the EA and            organizational level that prepares the
joint-use proposals.                        unsigned FONSI available to the                EA also reviews and recommends the
   (2) EAs where mitigation to              affected public and provide the EA and         FONSI for approval by the EPC.
insignificance is accomplished in lieu of   unsigned FONSI to organizations and            MAJCOMs may decide the level of EA
initiating an EIS (§ 989.22(c)).            individuals requesting them and to             approval and FONSI signature, except
   (k) A few examples of actions that       whomever the proponent or the EPF has          as provided in § 989.14(g), (h), (i), and
normally require preparation of an EA       reason to believe is interested in the         (j).
                 Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                      38135

§ 989.16   Environmental impact statement.   community, and local leaders, public        agencies at least 7 calendar days prior
   (a) Certain classes of environmental      interest groups, congressional              to publication of the Notice of
impacts normally require preparation of      delegations, state, Tribal, and local       Availability (NOA) in the Federal
an EIS (40 CFR 1501.4). These include,       governments, and federal agencies. The      Register. After congressional
but are not limited to:                      scoping process must start prior to         distribution, the EPF sends the draft EIS
   (1) Potential for significant             official public scoping meetings and        to all others on the distribution list. HQ
degradation of the environment.              continue through to preparation of the      USAF/ILEV then files the document
   (2) Potential for significant threat or   draft EIS. The purpose of this process is   with the U.S. Environmental Protection
hazard to public health or safety.           to de-emphasize insignificant issues and    Agency (USEPA) and provides a copy to
   (3) Substantial environmental             focus the scope of the environmental        the Deputy Under Secretary of Defense
controversy concerning the significance      analysis on significant issues (40 CFR      for Environmental Security.
or nature of the environmental impact of     1500.4(g)). Additionally, scoping allows       (c) Public review of draft EIS (40 CFR
a proposed action.                           early and more meaningful participation     1502.19 and 1506.6): (1) The public
   (b) Certain other actions normally, but   by the public. The result of scoping is     comment period for the draft EIS is at
not always, require an EIS. These            that the proponent and EPF determine        least 45 days starting from the
include, but are not limited to:             the range of actions, alternatives, and     publication date of the NOA of the draft
   (1) Public land withdrawals of over       impacts to be considered in the EIS (40     EIS in the Federal Register. USEPA
5,000 acres (Engle Act, 43 U.S.C. 155        CFR 1508.25). The EPF must send             publishes in the Federal Register NOAs
through 158).                                scripts for scoping meetings to AF/ILEV     of EISs filed during the preceding week.
   (2) Establishment of new air-to-          (or ANGRC/CEV) no later than 30 days        This public comment period may be
ground weapons ranges.                       before the first scoping meeting.           extended by the EPF. If the draft EIS is
   (3) Site selection of new airfields.      Scoping meeting plans are similar in        unusually long, the EPF may distribute
   (4) Site selection of major               content to public hearing plans (see        a summary to the public with an
installations.                               Appendix C). Public scoping meetings        attached list of locations (such as public
   (5) Development of major new              should generally be held at locations not   libraries) where the entire draft EIS may
weapons systems (at decision points          on the installation.                        be reviewed. The EPF must distribute
that involve demonstration, validation,         (b) Where it is anticipated the          the full draft EIS to certain entities, for
production, deployment, and area or          proposed action and its alternatives will   example, agencies with jurisdiction by
site selection for deployment).              have disproportionately high and            law or agencies with special expertise in
   (6) Establishing or expanding             adverse human health or environmental       evaluating the environmental impacts,
supersonic training areas over land          effects on minority populations or low-     and anyone else requesting the entire
below 30,000 feet MSL (mean sea level).      income populations, special efforts shall   draft EIS (40 CFR 1502.19 and 1506.6).
   (7) Disposal and reuse of closing         be made to reach these populations.            (2) The EPF sponsors public hearings
installations.                               This might include special                  on the draft EIS according to the
                                             informational meetings or notices in        procedures in Attachment 3. Hearings
§ 989.17   Notice of intent.                 minority and low-income areas               take place no sooner than 15 days after
  The EPF must furnish, through the          concerning the regular scoping process.     the Federal Register publication of the
MAJCOM, to HQ USAF/ILEV the NOI                                                          NOA and at least 15 days before the end
(40 CFR 1508.22) describing the              § 989.19   Draft EIS.                       of the comment period. Scheduling
proposed action for congressional               (a) Preliminary draft. The EPF           hearings toward the end of the comment
notification and publication in the          supports the proponent in preparation       period is encouraged to allow the public
Federal Register. The EPF, through the       of a preliminary draft EIS (PDEIS) (40      to obtain and more thoroughly review
host base public affairs office, will also   CFR 1502.9) based on the scope of           the draft EIS. The EPF must provide
provide the approved NOI to                  issues decided on during the scoping        hearing scripts to HQ USAF/ILEV (or
newspapers and other media in the area       process. The format of the EIS must be      ANGRC/CEV) no later than 30 days
potentially affected by the proposed         in accordance with the format               prior to the first public hearing. Public
action. The EPF must provide copies of       recommended in the CEQ regulations          hearings should generally be held at off-
the notice to the SPOC and must also         (40 CFR 1502.10 and 1502.11). The CEQ       base locations. Submit requests to
distribute it to requesting agencies,        regulations indicate that EISs normally     deviate from procedures in Attachment
organizations, and individuals. Along        contain fewer than 150 pages (300 pages     3 to HQ USAF/ILEVP for SAF/MIQ
with the draft NOI, the EPF must also        for proposals of unusual complexity).       approval.
forward the completed DOPAA, through         The EPF provides a sufficient number of        (3) Where analyses indicate that a
the MAJCOM, to HQ USAF for                   copies of the PDEIS to HQ USAF/ILEV         proposed action will potentially have
information.                                 for HQ USAF ESOHC security and              disproportionately high and adverse
                                             policy review in each member’s area of      human health or environmental effects
§ 989.18   Scoping.                          responsibility and to AFCEE/EC for          on minority populations or low-income
  (a) After publication of the NOI for an    technical review.                           populations, the EPF should make
EIS, the EPF must initiate the public           (b) Review of draft EIS. After the HQ    special efforts to ensure that these
scoping process (40 CFR 1501.7) to           USAF ESOHC review, the EPF assists          potentially impacted populations are
determine the scope of issues to be          the appropriate Air Force organization      brought into the review process.
addressed and to help identify               in making any necessary revisions to the       (d) Response to comments (40 CFR
significant environmental issues to be       PDEIS and forwards it to HQ USAF/           1503.4). The EPF must incorporate in
analyzed in depth. Methods of scoping        ILEV as a draft EIS to ensure completion    the Final EIS its responses to comments
range from soliciting written comments       of all security and policy reviews and to   on the Draft EIS by modifying the text
to conducting public scoping meetings        certify releasability. Once the draft EIS   and referring in the appendix to where
(see 40 CFR 1501.7 and 1506.6(e)). The       is approved, HQ USAF/ILEV notifies the      the comment is addressed or providing
scoping process is an iterative, pro-        EPF to print sufficient copies of the       a written explanation in the comments
active process of communicating with         draft EIS for distribution to               section, or both. The EPF may group
individual citizens, neighborhood,           congressional delegations and interested    comments of a similar nature together to
38136            Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

allow a common response and may also            (c) If major steps to advance the             (b) The proponent funds and
respond to individuals separately.            proposal have not occurred within 5          implements mitigation measures in the
   (e) Seeking additional comments. The       years from the date of the Final EIS         mitigation plan that is approved by the
EPF may, at any time during the EIS           approval, reevaluation of the                decision-maker. Where possible and
process, seek additional public               documentation should be accomplished         appropriate because of amount, the
comments, such as when there has been         to ensure its continued validity.            proponent should include the cost of
a significant change in circumstances,                                                     mitigation as a line item in the budget
                                              § 989.21   Record of decision (ROD).         for a proposed project. The proponent
development of significant new
information of a relevant nature, or             (a) The proponent and the EPF             must ensure compliance with mitigation
where there is substantial                    prepare a draft ROD, formally staff it       requirements, monitoring their
environmental controversy concerning          through the MAJCOM EPC, to HQ                effectiveness, and must keep the EPF
the proposed action. Significant new          USAF/ILEV for verification of adequacy,      informed of the mitigation status. The
information leading to public                 and forwards it to either SAF/MIQ or         EPF reports its status, through the
controversy regarding the scope after the     SAF/AQR, as the case may be, for             MAJCOM, to HQ USAF/ILEV when
scoping process is such a changed             approval and designation of the              requested. Upon request, the EPF must
circumstance. An additional public            signator. A ROD (40 CFR 1505.2) is a         also provide the results of relevant
comment period may also be necessary          concise public document stating what         mitigation monitoring to the public.
after the publication of the draft EIS due    an agency’s decision is on a specific           (c) The proponent may ‘‘mitigate to
to public controversy or changes made         action. The ROD may be integrated into       insignificance’’ potentially significant
as the result of previous public              any other document required to               environmental impacts found during
comments. Such periods when                   implement the agency’s decision. A           preparation of an EA, in lieu of
additional public comments are sought         decision on a course of action may not       preparing an EIS. The FONSI for the EA
shall last for at least 30 days.              be made until the later of the following     must include these mitigation measures.
                                              dates:                                       Such mitigations are legally binding and
§ 989.20   Final EIS.                            (1) 90 days after publication of the      must be carried out as the proponent
   (a) If changes in the draft EIS are        DEIS; or                                     implements the project. If, for any
minor or limited to factual corrections          (2) 30 days after publication of the      reason, the project proponent later
and responses to comments, the                NOA of the Final EIS in the Federal          abandons or revises in environmentally
proponent and EPF may, with the prior         Register.                                    adverse ways the mitigation
approval of HQ USAF/ILEV and SAF/                (b) The Air Force must announce the       commitments made in the FONSI, the
MIQ, prepare a document containing            ROD to the affected public as specified      proponent must prepare a supplemental
only comments on the Draft EIS, Air           in § 989.23, except for classified           EIAP document before continuing the
Force responses, and errata sheets of         portions. The ROD should be concise          project. If potentially significant
changes staffed to the HQ USAF ESOHC          and should explain the conclusion, the       environmental impacts would result
for coordination. However, the EPF            reason for the selection, and the            from any project revisions, the
must submit the Draft EIS and all of the      alternatives considered. The ROD must        proponent must prepare an EIS.
above documents, with a new cover             identify the course of action, whether it       (d) For each FONSI or ROD
sheet indicating that it is a final EIS (40   is the proposed action or an alternative,    containing mitigation measures, the
CFR 1503.4(c)), to HQ USAF/ILEV for           that is considered environmentally           proponent prepares a plan specifically
filing with the EPA (40 CFR 1506.9). If       preferable regardless of whether it is the   identifying each mitigation, discussing
more extensive modifications are              alternative selected for implementation.     how the proponent will execute the
required, the EPF must prepare a              The ROD should summarize all the             mitigations, identifying who will fund
preliminary final EIS incorporating           major factors the agency weighed in          and implement the mitigations, and
these modifications for coordination          making its decision, including essential     stating when the proponent will
within the Air Force. Regardless of           considerations of national policy.           complete the mitigation. The mitigation
which procedure is followed, the final                                                     plan will be forwarded, through the
                                                 (c) The ROD must state whether the
EIS must be processed in the same way                                                      MAJCOM EPF to HQ USAF/ILEV for
                                              selected alternative employs all
as the draft EIS, including receipt of                                                     review within 90 days from the date of
                                              practicable means to avoid, minimize,
copies of the EIS by SAF/LLP, except                                                       signature of the FONSI or ROD.
                                              or mitigate environmental impacts and,
that the public need not be invited to        if not, explain why.                         § 989.23   Contractor prepared documents.
comment during the 30-day post-filing
                                              § 989.22   Mitigation.                         All Air Force EIAP documents belong
waiting period. The Final EIS should be
                                                                                           to and are the responsibility of the Air
furnished to every person, organization,        (a) When preparing EIAP documents,         Force. EIAP correspondence and
or agency that made substantive               indicate clearly whether mitigation          documents distributed outside of the
comments on the Draft EIS or requested        measures (40 CFR 1508.20) must be            Air Force should generally be signed out
a copy. Although the EPF is not               implemented for the alternative              by Air Force personnel and documents
required to respond to public comments        selected. Discuss mitigation measures in     should reflect on the cover sheet they
received during this period, comments         terms of ‘‘will’’ and ‘‘would’’ when such    are an Air Force document. Contractor
received must be considered in                measures have already been                   preparation information should be
determining final decisions such as           incorporated into the proposal. Use          contained within the document’s list of
identifying the preferred alternative,        terms like ‘‘may’’ and ‘‘could’’ when        preparers.
appropriate mitigations, or if a              proposing or suggesting mitigation
supplemental analysis is required.            measures. Both the public and the Air        § 989.24   Public notification.
   (b) The EPF processes all necessary        Force community need to know what              (a) Except as provided in § 989.26,
supplements to EISs (40 CFR 1502.9) in        commitments are being considered and         public notification is required for
the same way as the original Draft and        selected, and who will be responsible        various aspects of the EIAP.
Final EIS, except that a new scoping          for implementing, funding, and                 (b) Activities that require public
process is not required.                      monitoring the mitigation measures.          notification include:
                 Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                        38137

(1) An EA and FONSI.                         disseminate these documents according        the Air Force may or will publicly
(2) An EIS NOI.                              to established procedures for protecting     release a declassified document.
(3) Public scoping meetings.                 classified documents. If an EIAP                (e) The EPF similarly protects
(4) Availability of the draft EIS.           document must be classified, the Air         classified aspects of FONSIs, RODs, or
(5) Public hearings on the draft EIS         Force may modify or eliminate                other environmental documents that are
      (which should be included in the       associated requirements for public           part of the EIAP for a proposed action,
      NOA for the draft EIS).                notice (including publication in the         such as by preparing separate classified
(6) Availability of the final EIS.           Federal Register) or public involvement      annexes to unclassified documents, as
(7) The ROD for an EIS.                      in the EIAP. However, the Air Force          necessary.
   (c) For actions of local concern, the     should obtain comments on classified            (f) Whenever a proponent believes
list of possible notification methods in     proposed actions or classified aspects of    that EIAP documents should be kept
40 CFR 1506.6(b)(3) is only illustrative.    generally unclassified actions, from         classified, the EPF must make a report
The EPF may use other equally effective      public agencies having jurisdiction by       of the matter to SAF/MIQ, including
means of notification as a substitute for    law or special expertise, to the extent      proposed modifications of the normal
any of the methods listed. Because           that such review and comment is              EIAP to protect classified information.
many Air Force actions are of limited        consistent with security requirements.       The EPF may make such submissions at
interest to persons or organizations         Where feasible, the EPF may need to          whatever level of security classification
outside the Air Force, the EPF may limit     help appropriate personnel from those        is needed to provide a comprehensive
local notification to the SPOC, local        agencies obtain necessary security           understanding of the issues. SAF/MIQ,
government representatives, and local        clearances to gain access to documents       with support from SAF/GC and other
news media. For all actions covered          so they can comment on scoping or            staff elements as necessary, makes final
under § 989.15(e)(2), and for all EIS        review the documents.                        decisions on EIAP procedures for
notices, the public affairs office must        (b) Where the proposed action is           classified actions.
purchase with EPF funds an                   classified and unavailable to the public,
                                             the Air Force may keep the entire NEPA       § 989.27   Occupational safety and health.
advertisement in a prominent section of
the local newspaper(s) of general            process classified and protected under         Assess direct and indirect impacts of
circulation (not ‘‘legal’’ newspapers or     the applicable procedures for the            proposed actions on the safety and
‘‘legal section’’ of general newspapers).    classification level pertinent to the        health of Air Force employees and
   (d) For the purpose of EIAP, the EPF      particular information. At times (for        others at a work site. The EIAP
begins the time period of local              example, during weapons system               document does not need to specify
notification when it sends written           development and base closures and            compliance procedures. However, the
notification to the state SPOC or other      realignments), certain but not all aspects   EIAP documents should discuss impacts
equivalent agency (date of letter of         of NEPA documents may later be               that require a change in work practices
notification).                               declassified. In those cases, the EPF        to achieve an adequate level of health
                                             should organize the EIAP documents, to       and safety.
§ 989.25   Base closure and realignment.     the extent practicable, in a way that
  Base closure or realignment may                                                         § 989.28   Airspace and range proposals.
                                             keeps the most sensitive classified
entail special requirements for              information (which is not expected to be        (a) EIAP Review. Airspace and range
environmental analysis. The permanent        released at any early date) in a separate    proposals require review by HQ USAF/
base closure and realignment law, 10         annex that can remain classified; the        XOO prior to public announcement and
U.S.C. 2687, requires a report to the        rest of the EIAP documents, when             preparation of the DOPAA. Unless
Congress when an installation where at       declassified, will then be                   directed otherwise, the airspace
least 300 DoD civilian personnel are         comprehensible as a unit and suitable        proponent will forward the DOPAA as
authorized to be employed is closed, or      for release to the public. Thus, the         an attachment to the proposal sent to
when a realignment reduces such an           documents will reflect, as much as           HQ USAF/XOO.
installation by at least 50 percent or       possible, the nature of the action and its      (b) Federal Aviation Administration.
1,000 of such personnel, whichever is        environmental impacts, as well as Air        The DoD and the Federal Aviation
less. In addition, other base closure laws   Force compliance with NEPA                   Administration (FAA) have entered into
may be in effect during particular           requirements.                                a Memorandum of Understanding
periods. Such nonpermanent closure             (c) Where the proposed action is not       (MOU) that outlines various airspace
laws frequently contain provisions           classified, but certain aspects of it need   responsibilities. For purposes of
limiting the extent of environmental         to be protected by security                  compliance with NEPA, the DoD is the
analysis required for actions taken          classification, the EPF should tailor the    ‘‘lead agency’’ for all proposals initiated
under them. Such provisions may also         EIAP for a proposed action to permit as      by DoD, with the FAA acting as the
add requirements for studies not             normal a level of public involvement as      ‘‘cooperating agency.’’ Where airspace
necessarily required by NEPA.                possible, but also fully protect the         proposals initiated by the FAA affect
                                             classified part of the action and            military use, the roles are reversed. The
§ 989.26 Classified actions (40 CFR          environmental analysis. In some              proponent’s action officers (civil
1507.3(c)).                                  instances, the EPF can do this by            engineering and local airspace
  (a) Classification of an action for        keeping the classified sections of the       management) must ensure that the FAA
national defense or foreign policy           EIAP documents in a separate, classified     is fully integrated into the airspace
purposes does not relieve the                annex.                                       proposal and related EIAP from the very
requirement of complying with NEPA.            (d) For § 989.26(b) actions, an NOI or     beginning and that the action officers
In classified matters, the Air Force must    NOA will not be published in the             review the FAA’s responsibilities as a
prepare and make available normal            Federal Register until the proposed          cooperating agency. The proponent’s
NEPA environmental analysis                  action is declassified. For § 989.26(c)      airspace manager develops the
documents to aid in the decision-            actions, the Federal Register will run an    preliminary airspace proposal per
making process; however, Air Force           unclassified NOA which will advise the       appropriate FAA handbooks and the
staff must prepare, safeguard, and           public that at some time in the future       FAA-DoD MOU. The preliminary
38138                Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

airspace proposal is the basis for initial   § 989.32    Noise.                          emergency action must be taken without
dialogue between DoD and the FAA on            Aircraft noise data files used for        delay. Coordination in this instance
the proposed action. A close working         analysis during EIAP will be submitted      must take place as soon as practicable.
relationship between DoD and the FAA,        to HQ AFCEE for review and validation
                                                                                         § 989.35     Reporting requirements.
through the FAA regional Air Force           prior to public release, and upon
representative, greatly facilitates the      completion of the EIAP for database            (a) EAs, EISs, and mitigation measures
airspace proposal process and helps          entry. Utilize the current NOISEMAP         will be tracked at bases and MAJCOMs
resolve many NEPA issues during the          computer program for air installations      through an appropriate environmental
EIAP.                                        and the Assessment System for Aircraft      management system.
                                             Noise for military training routes and         (b) Proponents, EPFs, and public
§ 989.29 Force structure and unit move
                                             military operating areas. Guidance on       affairs offices may utilize the World
proposals.                                                                               Wide Web, in addition to more
                                             standardized Air Force noise data
   Unless directed otherwise, the                                                        traditional means, to notify the public of
                                             development and analysis procedures is
MAJCOM plans and programs                                                                availability of EAs and EISs. When
                                             available from HQ AFCEE/EC. Develop
proponent will forward a copy of all                                                     possible, allow distribution of
                                             EIAP land use analysis relating to
EAs for force structure and unit moves                                                   documents electronically. Public review
                                             aircraft noise impacts originating from
to HQ USAF/ILXB for information only                                                     comments should be required in
                                             air installations following procedures in
at the preliminary draft and preliminary                                                 writing, rather than by electronic mail.
                                             AFI 32–7063, Air Installation                  (c) All documentation will be
final stages.
                                             Compatible Use Zone. Draft EIAP             disposed of according to AFMAN 37–
§ 989.30     Air quality.                    aircraft noise/land use analysis            139, Records Disposition—Standards.12
  Section 176(c) of the Clean Air Act        associated with air installations will be
Amendments of 1990, 42 U.S.C. 7506(c),       coordinated with the MAJCOM AICUZ           § 989.36     Waivers.
establishes a conformity requirement for     program manager.                              In order to deal with unusual
Federal agencies which has been                                                          circumstances and to allow growth in
                                             § 989.33.   Environmental justice.
implemented by regulation, 40 CFR 93,                                                    the NEPA process, SAF/MIQ may grant
Subpart B. All EIAP documents must             During the preparation of                 waivers to those procedures contained
address applicable conformity                environmental analyses under this           in this instruction not required by NEPA
requirements and the status of               instruction, the EPF should ensure          or the CEQ Regulations. Such waivers
compliance. Conformity applicability         compliance with the provisions of E.O.      shall not be used to limit compliance
analyses and determinations are              12898, Federal Actions to Address           with NEPA or the CEQ Regulations but
developed in parallel with EIAP              Environmental Justice in Minority           only to substitute other, more suitable
documents, but are separate and distinct     Populations and Low-Income                  procedures relative to the context of the
requirements and should be                   Populations, and Executive                  particular action. Such waivers may also
documented separately. To increase the       Memorandum of February 11, 1994,            be granted on occasion to allow
utility of a conformity determination in     regarding E.O. 12898.                       experimentation in procedures in order
performing the EIAP, the conformity          § 989.34 Special and emergency              to allow growth in the EIAP. This
determination should be completed            procedures.                                 authority may not be delegated.
prior to the completion of the EIAP so          (a) Special procedures. During the
as to allow incorporation of the                                                         § 989.37     Procedures for analysis abroad.
                                             EIAP, unique situations may arise that        Procedures for analysis of
information from the conformity              require EIAP strategies different than
determination into the EIAP. See AFI                                                     environmental actions abroad are
                                             those set forth in this part. These         contained in 32 CFR Part 187. That
32–7040, Air Quality Compliance.10           situations may warrant modification of      directive provides comprehensive
§ 989.31     Pollution prevention.           the procedures in this part. EPFs should    policies, definitions, and procedures for
   The Pollution Prevention Act of 1990,     only consider procedural deviations         implementing E.O. 12114. For analysis
42 U.S.C. 13101(b), established a            when the resulting process would            of Air Force actions abroad, 32 CFR Part
national policy to prevent or reduce         benefit the Air Force and still comply      187 will be followed.
pollution at the source, whenever            with NEPA and CEQ regulations. EPFs
feasible. Pollution prevention               must forward all requests for procedural    § 989.38     Requirements for analysis
approaches should be applied to all          deviations to HQ USAF/ILEV (or              abroad.
pollution-generating activities. The         ANGRC/CEV) for review and approval            (a) The EPF will generally perform the
environmental document should                by SAF/MIQ.                                 same functions for analysis of actions
analyze potential pollution that may            (b) Emergency procedures (40 CFR         abroad that it performs in the United
result from the proposed action and          1506.11). Emergency situations do not       States. In addition to the requirements
alternatives and must discuss potential      exempt the Air Force from complying         of 32 CFR Part 187, the following Air
pollution prevention measures when           with NEPA, but do allow emergency           Force specific rules apply:
such measures are feasible for               response while completing the EIAP.           (b) For EAs dealing with global
incorporation into the proposal or           Certain emergency situations may make       commons (geographic areas beyond the
alternatives. Where pollution cannot be      it necessary to take immediate action       jurisdiction of the United States or any
prevented, the environmental analysis        having significant environmental            foreign nation), HQ USAF/ILEV will
and proposed mitigation measures             impact, without observing all the           review actions that are above the
should include, wherever possible,           provisions of the CEQ regulations or this   MAJCOM approval authority. In this
recycling, energy recovery, treatment,       part. If possible, promptly notify HQ       instance, approval authority refers to the
and environmentally safe disposal            USAF/ILEV, for SAF/MIQ coordination         same approval authority that would
actions (see AFI 32–7080, Pollution          and CEQ consultation, before                apply to an EA in the United States. The
Prevention Program 11).                      undertaking emergency actions that          EPF documents a decision not to do an
                                             would otherwise not comply with NEPA        EIS.
 10 See   footnote 1 to § 989.1.             or this part. The immediate notification
 11 See   footnote 1 to § 989.1.             requirement does not apply where             12 See   footnote 1 to § 989.1.
                          Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                                    38139

  (c) For EISs dealing with the global                          42 U.S.C. 4321–4347, National                  Department of Defense Instruction (DoDI)
commons, the EPF provides sufficient                              Environmental Policy Act of 1969               4715.9, Environmental Planning and
copies to HQ USAF/ILEV for the HQ                               42 U.S.C. 7506(c), Clean Air Act                 Analysis
                                                                  Amendments of 1990                           DoDD 5000.1, Defense Acquisition
USAF ESOHC review and AFCEE/EC
                                                                42 U.S.C. 13101(b), Pollution Prevention Act   Department of Defense Regulation 5000.2–R,
technical review. After ESOHC review,                             of 1990
the EPF makes a recommendation as to                                                                             Mandatory Procedures for Major Defense
                                                                43 U.S.C. 155–158, Engle Act
whether the proposed draft EIS will be                                                                           Acquisition Programs and Major
released as a draft EIS.                                        Executive Orders                                 Automated Information Systems
  (d) For environmental studies and                             Executive Order 11988, Floodplain              Air Force Publications
environmental reviews, forward, when                              Management, May 24, 1977
                                                                Executive Order 11990, Protection of           AFPD 32–70, Environmental Quality
appropriate, environmental studies and
                                                                  Wetlands, May 24, 1977                       AFI 32–1021, Planning and Programming of
reviews to HQ USAF/ILEV for
                                                                Executive Order 12114, Environmental            Facility Construction Projects
coordination among appropriate federal
                                                                  Effects Abroad of Major Federal Actions,     AFI 32–7002, Environmental Information
agencies. HQ USAF/ILEV makes                                      January 4, 1979                               Management System
environmental studies and reviews                               Executive Order 12372, Intergovernmental       AFI 32–7005, Environmental Protection
available to the Department of State and                          Review of Federal Programs, July 14, 1982     Committees
other interested federal agencies, and,                         Executive Order 12898, Federal Actions to      AFI 32–7040, Air Quality Compliance
on request, to the United States public,                          Address Environmental Justice in Minority    AFI 32–7062, Air Force Comprehensive
in accordance with 32 CFR Part 187. HQ                            Populations and Low-Income Populations,
                                                                                                                Planning
USAF/ILEV also may inform interested                              February 11, 1994
                                                                                                               AFI 32–7063, Air Installation Compatible
foreign governments or furnish copies of                        U.S. Government Agency Publications             Use Zone Program
studies, in accordance with 32 CFR Part                         Council on Environmental Quality               AFI 32–7064, Integrated Natural Resources
187.                                                              Regulations for Implementing the              Management
Appendix A to Part 989—Glossary of                                Procedural Provisions of the National        AFI 32–7080, Pollution Prevention Program
                                                                  Environmental Policy Act, 40 CFR parts       AFI 35–202, Environmental Community
References, Abbreviations, Acronyms,                              1500–1508                                     Involvement
and Terms                                                       Department of Defense Directive (DoDD)         AFI 35–205, Air Force Security and Policy
References                                                        4715.1, Environmental Security                Review Program
                                                                Department of Defense Directive (DoDD)         AFMAN 37–139, Records Disposition—
Legislative                                                       6050.7, Environmental Effects Abroad of       Standards
10 U.S.C. 2687, Base Closures and                                 Major Department of Defense Actions,
  Realignments                                                    March 31, 1979 (32 CFR Part 187)             Abbreviations and Acronyms

   Abbreviation or Acronym                                                                       Definition

AFCEE .................................        Air Force Center for Environmental Excellence
AFCEE/EC ...........................           Air Force Center for Environmental Excellence/Environmental Conservation and Planning Directorate
AFI ........................................   Air Force Instruction
AFLSA/JACE ........................            Air Force Legal Services Agency/Environmental Law and Litigation Division
AFLSA/JAJT .........................           Air Force Legal Services Agency/Trial Judiciary Division
AFMAN .................................        Air Force Manual
AFMOA/SG ..........................            Air Force Medical Operations Agency/Aerospace Medicine Office
AFPD ....................................      Air Force Policy Directive
AFRES .................................        Air Force Reserve
ANG ......................................     Air National Guard
ANGRC ................................         Air National Guard Readiness Center
CATEX .................................        Categorical Exclusion
CEQ ......................................     Council on Environmental Quality
CFR ......................................     Code of Federal Regulations
DoD ......................................     Department of Defense
DoDD ....................................      Department of Defense Directive
DoDI .....................................     Department of Defense Instruction
DOPAA .................................        Description of Proposed Action and Alternatives
EA .........................................   Environmental Assessment
EIAP .....................................     Environmental Impact Analysis Process
EIS ........................................   Environmental Impact Statement
E.O. ......................................    Executive Order
EPA ......................................     Environmental Protection Agency
EPC ......................................     Environmental Protection Committee
EPF ......................................     Environmental Planning Function
ESOHC .................................        Environmental Safety and Occupational Health Committee
FAA ......................................     Federal Aviation Administration
FEIS .....................................     Final Environmental Impact Statement
FOA ......................................     Field Operating Agency
FONPA .................................        Finding of No Practicable Alternative
FONSI ..................................       Finding of No Significant Impact
GSA ......................................     General Services Administration
HQ AFMC .............................          Headquarters, Air Force Materiel Command
HQ USAF .............................          Headquarters, United States Air Force
HQ USAF/ILE .......................            The Air Force Civil Engineer
MAJCOM ..............................          Major Command
MGM .....................................      Materiel Group Manager
MOA .....................................      Military Operating Area
MOU .....................................      Memorandum of Understanding
38140                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

   Abbreviation or Acronym                                                                        Definition

MSL ......................................    Mean Sea Level
NEPA ....................................     National Environmental Policy Act of 1969
NGB–CF ...............................        National Guard Bureau Air Directorate
NGB–JA ...............................        National Guard Bureau Office of the Staff Judge Advocate
NGB–PA ...............................        National Guard Bureau Office of Public Affairs
NOA ......................................    Notice of Availability
NOI .......................................   Notice of Intent
OSD ......................................    Office of the Secretary of Defense
OSHA ...................................      Occupational Safety and Health Administration
PDEIS ...................................     Preliminary Draft Environmental Impact Statement
PGM .....................................     Product Group Manager
REO ......................................    Air Force Regional Environmental Office
ROD .....................................     Record of Decision
SAF/AQR ..............................        Deputy Assistant Secretary of the Air Force (Science, Technology, and Engineering)
SAF/GC ................................       Air Force General Counsel
SAF/LL .................................      Air Force Office of Legislative Liaison
SAF/MI .................................      Assistant Secretary of the Air Force for Manpower, Reserve Affairs, Installations, and Environment
SAF/MIQ ...............................       Deputy Assistant Secretary of the Air Force (Environment, Safety, and Occupational Health)
SAF/PA .................................      Air Force Office of Public Affairs
SJA .......................................   Staff Judge Advocate
SM ........................................   Single Manager
SPD ......................................    Single Program Director
SPOC ...................................      Single Point of Contact
TDY ......................................    Temporary Duty
U.S.C. ...................................    United States Code



Terms                                                          affirmative efforts to communicate with other      A2.2.2. Potential for degradation (even
   Note: All definitions in the CEQ                            federal agencies, state, Tribal, and local       though slight) of already marginal or poor
Regulations, 40 CFR part 1508, apply to this                   governments, and the public.                     environmental conditions.
part. In addition, the following definitions                      Single Manager—Any one of the Air Force         A2.2.3. Initiating a degrading influence,
apply:                                                         designated weapon system program                 activity, or effect in areas not already
                                                               managers, that include System Program            significantly modified from their natural
   Description of Proposed Action and                                                                           condition.
Alternatives (DOPAA)—An Air Force                              Directors (SPDs), Product Group Managers
                                                               (PGMs), and Materiel Group Managers                A2.2.4. Use of unproved technology.
document that is the framework for assessing                                                                      A2.2.5. Use of hazardous or toxic
the environmental impact of a proposal. It                     (MGMs).
                                                                  United States—All states, commonwealths,      substances that may come in contact with the
describes the purpose and need for the                                                                          surrounding environment.
action, the alternatives to be considered, and                 the District of Columbia, territories and
                                                                                                                  A2.2.6. Presence of threatened or
the rationale used to arrive at the proposed                   possessions of the United States, and all
                                                                                                                endangered species, archaeological remains,
action. The DOPAA often unfolds as writing                     waters and airspace subject to the territorial   historical sites, or other protected resources.
progresses. The DOPAA can change during                        jurisdiction of the United States. The             A2.2.7. Proposals adversely affecting areas
the internal scoping and public scoping                        territories and possessions of the United        of critical environmental concern, such as
process, especially as ideas and issues                        States include American Samoa, Guam,             prime or unique agricultural lands, wetlands,
become clearer, and as new information                         Johnston Atoll, Kingman Reef, Midway             coastal zones, wilderness areas, floodplains,
makes changes necessary.                                       Island, Navassa Island, Palmyra Island, the      or wild and scenic river areas.
   Environmental Impact Analysis Process                       Virgin Islands, and Wake Island.                   A2.2.8. Proposals with disproportionately
(EIAP)—The Air Force program that                                                                               high and adverse human health or
implements the requirements of NEPA and                        Appendix B to Part 984—Categorical
                                                                                                                environmental effects on minority
requirements for analysis of environmental                     Exclusions                                       populations or low-income populations.
effects abroad under E.O. 12114.
                                                               A2.1. Proponent/EPF Responsibility               A2.3. CATEX List
   Finding of No Practicable Alternative
(FONPA)—Finding contained in a FONSI or                          Although a proposed action may qualify           Actions that are categorically excluded in
ROD, according to Executive Orders 11988                       for a categorical exclusion from the             the absence of unique circumstances are:
and 11990, that explains why there are no                      requirements for environmental impact              A2.3.1. Routine procurement of goods and
practicable alternatives to an action affecting                analysis under NEPA, this exclusion does not     services.
a wetland or floodplain, based on appropriate                  relieve the EPF or the proponent of                A2.3.2. Routine Commissary and Exchange
EIAP analysis or other documentation.                          responsibility for complying with all other      operations.
   Interdisciplinary—An approach to                            environmental requirements related to the          A2.3.3. Routine recreational and welfare
environmental analysis involving more than                     proposal, including requirements for permits,    activities.
one discipline or branch of learning.                          state regulatory agency review of plans, and       A2.3.4. Normal personnel, fiscal or
   Pollution Prevention—‘‘Source reduction,’’                  so on.                                           budgeting, and administrative activities and
as defined under the Pollution Prevention                      A2.2. Additional Analysis                        decisions including those involving military
Act, and other practices that reduce or                                                                         and civilian personnel (for example,
eliminate pollutants through increased                            Circumstances may arise in which usually      recruiting, processing, paying, and records
efficiency in the use of raw materials, energy,                categorically excluded actions may have a        keeping).
water, or other resources, or in the protection                significant environmental impact and,              A2.3.5. Preparing, revising, or adopting
of natural resources by conservation.                          therefore, may generate a requirement for        regulations, instructions, directives, or
   Proponent—Any office, unit, or activity                     further environmental analysis. Examples of      guidance documents that do not, themselves,
that proposes to initiate an action.                           situations where such unique circumstances       result in an action being taken.
   Scoping—A process for proposing                             may be present include:                            A2.3.6. Preparing, revising, or adopting
alternatives to be addressed and for                              A2.2.1. Actions of greater scope or size      regulations, instructions, directives, or
identifying the significant issues related to a                than generally experienced for a particular      guidance documents that implement
proposed action. Scoping includes                              category of action.                              (without substantial change) the regulations,
                 Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                                      38141

instructions, directives, or guidance             Air Force controlled property for activities        of total flying hours or the total number of
documents from higher headquarters or other       that, if conducted by the Air Force, could be       aircraft operations, a change in flight tracks,
Federal agencies with superior subject matter     categorically excluded in accordance with           or an increase in permanent personnel or
jurisdiction.                                     this attachment. The EPF must document              logistics support requirements at the
   A2.3.7. Continuation or resumption of pre-     application of this CATEX on AF Form 813.           receiving installation. Repetitive use of this
existing actions, where there is no substantial      A2.3.20. Converting in-house services to         CATEX at an installation requires further
change in existing conditions or existing land    contract services.                                  analysis to determine there are no cumulative
uses and where the actions were originally           A2.3.21. Routine personnel decreases and         impacts. The EPF must document application
evaluated in accordance with applicable law       increases, including work force conversion to       of this CATEX on AF Form 813.
and regulations, and surrounding                  either on-base contractor operation or to              A2.3.32. Temporary (for less than 30 days)
circumstances have not changed.                   military operation from contractor operation        increases in air operations up to 50 percent
   A2.3.8. Performing interior and exterior       (excluding base closure and realignment             of the typical installation aircraft operation
construction within the 5-foot line of a          actions which are subject to congressional          rate or increases of 50 operations a day,
building without changing the land use of the     reporting under 10 U.S.C. 2687).                    whichever is greater. Repetitive use of this
existing building.                                   A2.3.22. Routine, temporary movement of          CATEX at an installation requires further
   A2.3.9. Repairing and replacing real           personnel, including deployments of                 analysis to determine there are no cumulative
property installed equipment.                     personnel on a TDY basis where existing             impacts.
   A2.3.10. Routine facility maintenance and      facilities are used.                                   A2.3.33. Flying activities that comply with
repair that does not involve disturbing              A2.3.23. Personnel reductions resulting          the Federal aviation regulations, that are
significant quantities of hazardous materials     from workload adjustments, reduced                  dispersed over a wide area and that do not
such as asbestos and lead-based paint.            personnel funding levels, skill imbalances, or      frequently (more than once a day) pass near
   A2.3.11. Actions similar to other actions      other similar causes.                               the same ground points. This CATEX does
which have been determined to have an                A2.3.24. Study efforts that involve no           not cover regular activity on established
insignificant impact in a similar setting as      commitment of resources other than                  routes or within special use airspace.
established in an EIS or an EA resulting in       personnel and funding allocations.
a FONSI. The EPF must document                                                                           A2.3.34. Supersonic flying operations over
                                                     A2.3.25. The analysis and assessment of          land and above 30,000 feet MSL, or over
application of this CATEX on AF Form 813,         the natural environment without altering it
specifically identifying the previous Air                                                             water and above 10,000 feet MSL and more
                                                  (inspections, audits, surveys, investigations).     than 15 nautical miles from land.
Force approved environmental document             This CATEX includes the granting of any
which provides the basis for this                                                                        A2.3.35. Formal requests to the FAA, or
                                                  permits necessary for such surveys, provided        host-nation equivalent agency, to establish or
determination.
                                                  that the technology or procedure involved is        modify special use airspace (for example,
   A2.3.12. Installing, operating, modifying,
                                                  well understood and there are no adverse            restricted areas, warning areas, military
and routinely repairing and replacing utility
                                                  environmental impacts anticipated from it.          operating areas) and military training routes
and communications systems, data
                                                  The EPF must document application of this           for subsonic operations that have a base
processing cable, and similar electronic
                                                  CATEX on AF Form 813.                               altitude of 3,000 feet above ground level or
equipment that use existing rights of way,
easements, distribution systems, or facilities.      A2.3.26. Undertaking specific investigatory      higher. The EPF must document application
   A2.3.13. Installing or modifying airfield      activities to support remedial action               of this CATEX on AF Form 813, which must
operational equipment (such as runway             activities for purposes of cleanup of Defense       accompany the request to the FAA.
visual range equipment, visual glide path         Environmental Restoration Program (DERP)               A2.3.36. Adopting airfield approach,
systems, and remote transmitter or receiver       and Resource Conservation and Recovery Act          departure, and en route procedures that are
facilities) on airfield property and usually      (RCRA) corrective action sites. These               less than 3,000 feet above ground level, and
accessible only to maintenance personnel.         activities include soil borings and sampling,       that also do not route air traffic over noise-
   A2.3.14. Installing on previously              installation, and operation of test or              sensitive areas, including residential
developed land, equipment that does not           monitoring wells. This CATEX applies to             neighborhoods or cultural, historical, and
substantially alter land use (i.e., land use of   studies that assist in determining final            outdoor recreational areas. The EPF may
more than one acre). This includes outgrants      cleanup actions when they are conducted in          categorically exclude such air traffic patterns
to private lessees for similar construction.      accordance with legal agreements,                   at or greater than 3,000 feet above ground
The EPF must document application of this         administrative orders, or work plans                level regardless of underlying land use.
CATEX on AF Form 813.                             previously agreed to by EPA or state                   A2.3.37. Participating in ‘‘air shows’’ and
   A2.3.15. Laying-away or mothballing a          regulators.                                         fly-overs by Air Force aircraft at non-Air
production facility or adopting a reduced            A2.3.27. Normal or routine basic and             Force public events after obtaining FAA
maintenance level at a closing installation       applied scientific research confined to the         coordination and approval.
when (1) agreement on any required historic       laboratory and in compliance with all                  A2.3.38. Conducting Air Force ‘‘open
preservation effort has been reached with the     applicable safety, environmental, and natural       houses’’ and similar events, including air
state historic preservation officer and the       resource conservation laws.                         shows, golf tournaments, home shows, and
Advisory Council on Historic Preservation,           A2.3.28. Routine transporting of hazardous       the like, where crowds gather at an Air Force
and (2) no degradation in the environmental       materials and wastes in accordance with             installation, so long as crowd and traffic
restoration program will occur.                   applicable Federal, state, interstate, and local    control, etc., have not in the past presented
   A2.3.16. Acquiring land and ingrants (50       laws.                                               significant safety or environmental impacts.
acres or less) for activities otherwise subject      A2.3.29. Emergency handling and
to CATEX. The EPF must document                   transporting of small quantities of chemical        Appendix C to Part 989—Procedures
application of this CATEX on AF Form 813.         surety material or suspected chemical surety        for Holding Public Hearings on Draft
   A2.3.17. Transferring land, facilities, and    material, whether or not classified as              Environmental Impact Statements (EIS)
personal property for which the General           hazardous or toxic waste, from a discovery
                                                  site to a permitted storage, treatment, or          A.3.1. General Information
Services Administration (GSA) is the action
agency. Such transfers are excluded only if       disposal facility.                                    A3.1.1. The Office of the Judge Advocate
there is no change in land use and GSA               A2.3.30. Immediate responses to the              General, through the Air Force Legal Services
complies with its NEPA requirements.              release or discharge of oil or hazardous            Agency/Trial Judiciary Division (AFLSA/
   A2.3.18. Transferring administrative           materials in accordance with an approved            JAJT) and its field organization, is
control of real property within the Air Force     Spill Prevention and Response Plan or Spill         responsible for conducting public hearings
or to another military department or to           Contingency Plan or that are otherwise              and assuring verbatim transcripts are
another Federal agency, not including GSA,        consistent with the requirements of the             accomplished.
including returning public domain lands to        National Contingency Plan.                            A3.1.2. The EPF, with proponent, AFLSA/
the Department of the Interior.                      A2.3.31. Relocating a small number of            JAJT, and Public Affairs support, establishes
   A2.3.19. Granting easements, leases,           aircraft to an installation with similar aircraft   the date and location, arranges for hiring the
licenses, rights of entry, and permits to use     that does not result in a significant increase      court reporter, funds temporary duty costs for
38142            Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations

the hearing officer, makes logistical             A3.4. Place of the Hearing                         send a copy of the Final EIS (40 CFR 1502.19)
arrangements (for example, publishing                The EPF arranges to hold the hearing at a       to any person, organization, or agency that
notices, arranging for press coverage,            time and place and in an area readily              provided substantive comments at the
obtaining tables and chairs, etc.).               accessible to military and civilian                hearing. The hearing officer should assign
   A3.1.3. The procedures outlined below          organizations and individuals interested in        assistants to the entrance of the hearing room
have proven themselves through many prior         the proposed action. Generally, the EPF            to provide cards on which individuals can
applications. However, there may be rare          should arrange to hold the hearing in an off-      voluntarily write their names, addresses,
instances when circumstances warrant              base civilian facility, which is more              telephone numbers, organizations they
conducting public hearings under a different      accessible to the public.                          represent, and titles; whether they desire to
format, e.g., public/town meeting,                                                                   make a statement at the hearing; and what
information booths, third party moderator,        A3.5. Hearing Officer                              environmental area(s) they wish to address.
etc. In these cases, forward a request with          A3.5.1. The AFLSA/JAJT selects a military       The hearing officer can then use the cards to
justification to deviate from these procedures    trial judge to preside over hearings. The          call on individuals who desire to make
to USAF/ILEVP for SAF/MIQ approval.               hearing officer does not need to have              statements. However, the hearing officer will
A3.2. Notice of Hearing (40 CFR 1506.6)           personal knowledge of the project, other than      not deny entry to the hearing or the right to
                                                  familiarity with the Draft EIS. In no event        speak to people who decline to submit this
   A3.2.1. Public Affairs officers:               should the hearing officer be a judge              information on cards.
   A3.2.1.1. Announce public hearings and         advocate from the proponent or subordinate            A3.7.2. Introductory Remarks. The hearing
assemble a mailing list of individuals to be      command, be assigned to the same                   officer should first introduce himself or
invited.                                          installation with which the hearing is             herself and the EIS preparation team. Then
   A3.2.1.2. Distribute announcements of a        concerned, or have participated personally in      the hearing officer should make a brief
hearing to all interested individuals and         the development of the project, or have            statement on the purpose of the hearing and
agencies, including the print and electronic      rendered legal advice or assistance with           give the general ground rules on how it will
media.                                            respect to it (or be expected to do so in the      be conducted. This is the proper time to
   A3.2.1.3. Place a newspaper display            future). The principal qualification of the        welcome any dignitaries who are present.
advertisement announcing the time and place       hearing officer should be the ability to           The hearing officer should explain that he or
of the hearing as well as other pertinent         conduct a hearing as an impartial participant.     she does not make any recommendation or
particulars.                                         A3.5.2. The primary duties of the hearing       decision on whether the proposed project
   A3.2.1.4. Distribute the notice in a timely    officer are to make sure that the hearing is       should be continued, modified, or abandoned
manner so it will reach recipients or be          orderly, is recorded, and that interested          or how the EIS should be prepared.
published at least 15 days before the hearing     parties have a reasonable opportunity to              A3.7.3. Explanation of the Proposed
date. Distribute notices fewer than 15 days       speak. The presiding officer should direct the     Action. The Air Force EIS preparation team
before the hearing date when you have             speakers’ attention to the purpose of the          representative should next explain the
substantial justification and if the              hearing, which is to consider the                  proposed action, the alternatives, the
justification for a shortened notice period       environmental impacts of the proposed              potential environmental consequences, and
appears in the notice.                            project. Speakers should have a time limit to      the EIAP.
   A3.2.1.5. Develop and distribute news          ensure maximum public input to the                    A3.7.4. Questions by Attendees. After the
release.                                          decision-maker.                                    EIS team representative explains the
   A3.2.2. If an action has effects of national
                                                  A3.6. Record of the Hearing                        proposed action, alternatives, and
concern, publish notices in the Federal
                                                                                                     consequences, the hearing officer should give
Register and mail notices to national                The EIS preparation team must make sure
organizations that have an interest in the                                                           attendees a chance to ask questions to clarify
                                                  a verbatim transcribed record of the hearing
matter.                                           is prepared, including all stated positions, all   points they may not have understood. The
   A3.2.2.1. Because of the longer lead time      questions, and all responses. The EIS              EIS preparation team may have to reply in
required by the Federal Register, send out        preparation team should append all written         writing, at a later date, to some of the
notices for publication in the Federal            submissions that parties provide to the            questions. While the Air Force EIS
Register to arrive at HQ USAF/CEV no later        hearing officer during the hearing to the          preparation team should be as responsive as
than 30 days before the hearing date.             record as attachments. The EIS preparation         possible in answering questions about the
   A3.2.3. The notice should include:             team should also append a list of persons          proposal, they should not become involved
   A3.2.3.1. Date, time, place, and subject of    who spoke at the hearing and submitted             in debate with questioners over the merits of
the hearing.                                      written comments and a list of the                 the proposed action. Cross-examination of
   A3.2.3.2. A description of the general         organizations or interests they represent with     speakers, either those of the Air Force or the
format of the hearing.                            addresses. The EIS preparation team must           public, is not the purpose of an informal
   A3.2.3.3. The name and telephone number        make sure a verbatim transcript of the             hearing. If necessary, the hearing officer may
of a person to contact for more information.      hearing is provided to the EPF for inclusion       limit questioning or conduct portions of the
   A3.2.3.4. A suggestion that speakers submit    as an appendix to the Final EIS. The officer       hearing to ensure proper lines of inquiry.
(in writing or by return call) their intention    should also ensure that all persons who            However, the hearing officer should include
to participate, with an indication of which       request a copy of the transcript get a copy        all questions in the hearing record.
environmental impact (or impacts) they wish       when it is completed. Copying charges are             A3.7.5. Statement of Attendees. The
to address.                                       determined according to 40 CFR 1506.6(f).          hearing officer must give the persons
   A3.2.3.5. Any limitation on the length of                                                         attending the hearing a chance to present oral
                                                  A3.7. Hearing Format                               or written statements. The hearing officer
oral statements.
   A3.2.3.6. A suggestion that speakers submit       Use the format outlined below as a general      should be sure the recorder has the name and
statements of considerable length in writing.     guideline for conducting a hearing. Hearing        address of each person who submits an oral
   A3.2.3.7. A summary of the proposed            officers should tailor the format to meet the      or written statement. The officer should also
action.                                           hearing objectives. These objectives provide       permit the attendees to submit written
   A3.2.3.8. The location where the draft EIS     information to the public, record opinions of      statements within a reasonable time, usually
and any appendices are available for              interested persons on environmental impacts        two weeks, following the hearing. The officer
examination.                                      of the proposed action, and set out                should allot a reasonable length of time at the
                                                  alternatives for improving the EIS and for         hearing for receiving oral statements. The
A.3.3. Availability of the Draft EIS to the       later consideration.                               officer may waive any announced time limit
Public.                                              A3.7.1. Record of Attendees. The hearing        at his or her discretion. The hearing officer
   The EPF makes copies of the Draft EIS          officer should make a list of all persons who      may allow those who have not previously
available to the public at an Air Force           wish to speak at the hearing to help the           indicated a desire to speak to identify
installation and other reasonably accessible      hearing officer in calling on these                themselves and be recognized only after
place in the vicinity of the proposed action      individuals, to ensure an accurate transcript      those who have previously indicated their
and public hearing (e.g., public library).        of the hearing, and to enable the officer to       intentions to speak have spoken.
                 Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Rules and Regulations                              38143

   A3.7.6. Ending or Extending a Hearing. The     Audits (OTA) has been renamed the              ‘‘201(o)’’ and adding in its place the
hearing officer has the power to end the          Audit Division of the General Services         citation ‘‘202(o)’’ and in paragraph (b)
hearing if the hearing becomes disorderly, if     Administration Office of Transportation        by removing the words ‘‘General
the speakers become repetitive, or for other
                                                  and Property Management (the Audit             Services Administration Office of
good cause. In any such case, the hearing
officer must make a statement for the record      Division). All references in the Board’s       Transportation Audits (OTA)’’ and
on the reasons for terminating the hearing.       rules to ‘‘OTA’’ are changed to ‘‘the          adding in their place the words ‘‘Audit
The hearing officer may also extend the           Audit Division.’’ This rule also revises       Division of the General Services
hearing beyond the originally announced           the authority citation for Part 6103.          Administration Office of Transportation
date and time. The officer should announce        EFFECTIVE DATE: July 15, 1999.                 and Property Management (the Audit
the extension to a later date or time during                                                     Division)’’.
                                                  FOR FURTHER INFORMATION CONTACT:
the hearing and prior to the hearing if
possible.                                         Margaret S. Pfunder, Deputy Chief              6103.2   [Amended]
                                                  Counsel, GSA Board of Contract
A3.8. Adjourning the Hearing                                                                       3. Section 6103.2 is amended in
                                                  Appeals, telephone (202) 501–0272,
   After all persons have had a chance to         Internet address                               paragraph (a)(5) by removing the
speak, when the hearing has culled a              Margaret.Pfunder@gsa.gov.                      acronym ‘‘OTA’’ and inserting in its
representative view of public opinion, or                                                        place the words ‘‘Audit Division’’, and
when the time set for the hearing and any         SUPPLEMENTARY INFORMATION:
reasonable extension of time has ended, the
                                                                                                 in paragraphs (c) and (d) by removing
                                                  A. Executive Order 12866                       the acronym ‘‘OTA’’ wherever it appears
hearing officer adjourns the hearing. In
certain circumstances (for example, if the          The General Services Administration          and adding in its place the words ‘‘the
hearing officer believes it is likely that some   (GSA) has determined that this final           Audit Division’’.
participants will introduce new and relevant      rule is not a significant rule for the
information), the hearing officer may justify     purposes of Executive Order 12866 of           6103.3   [Amended]
scheduling an additional, separate hearing        September 30, 1993.                               4. Section 6103.3 is amended by
session. If the hearing officer makes the
                                                  B. Regulatory Flexibility Act                  removing the acronym ‘‘OTA’’ wherever
decision to hold another hearing while
presiding over the original hearing he or she                                                    it appears and adding in its place the
                                                    This final rule is not required to be        words ‘‘the Audit Division.’’
should announce that another public hearing
                                                  published in the Federal Register for
will be scheduled or is under consideration.                                                        5. Section 6103.4 is revised to read as
The officer gives notice of a decision to         notice and comment; therefore, the
                                                  Regulatory Flexibility Act does not            follows:
continue these hearings in essentially the
same way he or she announced the original         apply.                                         6103.4 Reply to Audit Division and agency
hearing, time permitting. The Public Affairs                                                     responses [Rule 304].
                                                  C. Paperwork Reduction Act
officer provides the required public notices
and directs notices to interested parties in        The Paperwork Reduction Act does               A claimant may file with the Board
coordination with the hearing officer.            not apply because this final rule does         and serve on the Audit Division and the
Because of lead-time constraints, SAF/MIQ         not impose record keeping or                   agency a reply to the Audit Division and
may waive Federal Register notice                 information collection requirements, or        agency responses within 30 calendar
requirements or advertisements in local           the collection of information from             days after receiving the responses (or
publications. At the conclusion of the                                                           within 60 calendar days after receiving
                                                  offerors, contractors, or members of the
hearing, the hearing officer should inform the
                                                  public that require the approval of the        the responses, if the claimant is located
attendees of the deadline (usually 2 weeks)
to submit additional written remarks in the       Office of Management and Budget                outside the 50 states and the District of
hearing record. The officer should also notify    (OMB) under 44 U.S.C. 501, et seq.             Columbia). To expedite proceedings, if
attendees of the deadline for the commenting                                                     the claimant does not wish to respond,
                                                  D. Small Business Regulatory                   the claimant should so notify the Board,
period of the Draft EIS.
                                                  Enforcement Fairness Act                       the Audit Division, and the agency.
Janet A. Long,
Air Force Federal Register Liaison Officer.         This final rule is also exempt from
                                                  congressional review prescribed under 5        6103.5   [Amended]
[FR Doc. 99–17684 Filed 7–14–99; 8:45 am]
                                                  U.S.C. 801 since it relates solely to             6. Section 6103.5 is amended by
BILLING CODE 5001–05–P
                                                  agency management and personnel.               removing the acronym ‘‘OTA’’ wherever
                                                  List of Subjects in 48 CFR part 6103           it appears and adding in its place the
GENERAL SERVICES                                                                                 words ‘‘the Audit Division’’.
                                                    Administrative practice and
ADMINISTRATION                                    procedure, Freight forwarders,                 6103.6   [Amended]
                                                  Government procurement.
48 CFR Part 6103                                                                                    7. Section 6103.6 is amended by
                                                    For the reasons set forth in the
                                                                                                 removing the acronym ‘‘OTA’’ wherever
Rules of Procedure for Transportation             preamble, 41 CFR part 6103 is amended
                                                                                                 it appears and adding in its place the
Rate Cases                                        as follows:
                                                                                                 words ‘‘the Audit Division’’.
AGENCY:   Board of Contract Appeals,              PART 6103—RULES OF PROCEDURE                   6103.7   [Amended]
GSA.                                              FOR TRANSPORTATION RATE CASES
ACTION:   Final rule.                                                                              8. Section 6103.7 is amended by
                                                     1. The authority citation for part 6103     removing the acronym ‘‘OTA’’ and
SUMMARY: This document contains                   is revised to read as follows:                 adding in its place the words ‘‘the Audit
nomenclature changes to the rules of                Authority: 31 U.S.C. 3726(g)(1); 41 U.S.C.   Division’’.
procedure of the GSA Board of Contract            601–613; Sec. 202(o), Pub. L. 104–316, 110
                                                                                                   Dated: July 12, 1999.
Appeals applicable to the Board’s                 Stat. 3826.
review of claims made by a carrier or                                                            Stephen M. Daniels,
freight forwarder pursuant to 31 U.S.C.           6103.1   [Amended]                             Chairman.
3726(g)(1). The General Services                    2. Section 6103.1 is amended in              [FR Doc. 99–18114 Filed 7–14–99; 8:45 am]
Administration Office of Transportation           paragraph (a) by removing the citation         BILLING CODE 6820–AL–P
38144

Proposed Rules                                                                           Federal Register
                                                                                         Vol. 64, No. 135

                                                                                         Thursday, July 15, 1999



This section of the FEDERAL REGISTER       Washington, DC 20090–6456, (202) 720–         not factor in additional monies that may
contains notices to the public of the proposed
                                           9368, e-mail address:                         be received by dairy producers, it
issuance of rules and regulations. The     clifford.carman@usda.gov.                     should be an inclusive standard for
purpose of these notices is to give interested                                           most ‘‘small’’ dairy farmers. For
                                           SUPPLEMENTARY INFORMATION: The
persons an opportunity to participate in the                                             purposes of determining a handler’s
                                           Department is issuing this proposed rule
rule making prior to the adoption of the final
rules.                                     in conformance with Executive Order           size, if the plant is part of a larger
                                           12866.                                        company operating multiple plants that
                                              This proposed rule has been reviewed       collectively exceed the 500-employee
DEPARTMENT OF AGRICULTURE                  under Executive Order 12988, Civil            limit, the plant will be considered a
                                           Justice Reform. This rule is not intended     large business even if the local plant has
Agricultural Marketing Service             to have a retroactive effect. If adopted,     fewer than 500 employees.
                                           this proposed rule will not preempt any          For the month of March 1999, the
7 CFR Part 1131                            state or local laws, regulations, or          milk of 100 producers was pooled on
[DA–99–05]                                 policies, unless they present an              the Central Arizona milk order. Of these
                                           irreconcilable conflict with the rule.        producers, 3 produced below the
Milk in the Central Arizona Marketing         The Agricultural Marketing                 326,000-pound production guideline
Area; Proposed Suspension of Certain Agreement Act of 1937, as amended (7                and are considered small businesses. Of
Provisions of the Order                    U.S.C. 601–674), provides that                the total number of producers whose
                                           administrative proceedings must be            milk was pooled during that month, 97
AGENCY: Agricultural Marketing Service,
                                           exhausted before parties may file suit in     were members of UDA and 3 were
USDA.                                                                                    independent producers.
                                           court. Under section 608c(15)(A) of the
ACTION: Proposed rule; suspension.         Act, any handler subject to an order may         For March 1999, there were 5
                                                                                         handlers operating pool plants under
SUMMARY: This document invites written request modification or exemption from
                                           such order by filing with the Secretary       the Central Arizona milk order. Of these
comments on a proposal to suspend
                                           a petition stating that the order, any        handlers, 2 are considered small
until completion of Federal Order
                                           provision of the order, or any obligation     businesses.
Reform certain sections of the Central
                                                                                            This rule would lessen the regulatory
Arizona Federal milk marketing order at imposed in connection with the order is
                                           not in accordance with law. A handler         impact of the order on certain milk
the beginning of the next marketing
                                           is afforded the opportunity for a hearing     handlers and would tend to ensure that
period. The proposed rule would
                                           on the petition. After a hearing, the         dairy farmers would continue to have
reinstate a suspension that expired on
                                           Secretary would rule on the petition.         their milk priced under the order and
March 31, 1999, which eliminates the
                                           The Act provides that the district court      thereby receive the benefits that accrue
requirement that a cooperative
                                           of the United States in any district in       from such pricing.
association that operates a
                                           which the handler is an inhabitant, or           Interested parties are invited to
manufacturing plant ship at least 50
                                           has its principal place of business, has      submit comments on the probable
percent of its receipts to other handler
                                                                                         regulatory and informational impact of
pool plants to maintain pool status of its jurisdiction in equity to review the
                                           Secretary’s ruling on the petition,           this proposed rule on small entities.
manufacturing plant. United Dairymen
                                           provided a bill in equity is filed not        Also, parties may suggest modifications
of Arizona (UDA), a cooperative
                                           later than 20 days after the date of the      of this proposal for the purpose of
association that represents nearly all of
                                           entry of the ruling.                          tailoring their applicability to small
the producers who supply milk to the
                                                                                         businesses.
Central Arizona market, has requested      Small Business Consideration                     Notice is hereby given that, pursuant
continuation of the suspension. UDA
                                              In accordance with the Regulatory          to the provisions of the Agricultural
asserts that the suspension is necessary
                                           Flexibility Act (5 U.S.C. 601 et seq.), the   Marketing Agreement Act, the
to prevent the uneconomical and
                                           Agricultural Marketing Service                suspension of the following provision of
inefficient movements of milk.
                                           considered the economic impact of this        the order regulating the handling of
DATES: Comments must be submitted on       action on small entities and has certified    milk in the Central Arizona marketing
or before July 22, 1999.                   that this proposed rule will not have a       area is being considered until
ADDRESSES: Comments (two copies)           significant economic impact on a              completion of Federal Order Reform:
should be filed with USDA/AMS/Dairy        substantial number of small entities. For        In § 1131.7, paragraph (c), the words
Division, Order Formulation Branch,        the purpose of the Regulatory Flexibility     ‘‘50 percent or more of’’, ‘‘(including the
Room 2971, South Building, P.O. Box        Act, a dairy farm is considered a ‘‘small     skim milk and butterfat in fluid milk
96456, Washington, DC 20090–6456.          business’’ if it has an annual gross          products transferred from its own plant
Advance, unofficial copies of such         revenue of less than $500,000, and a          pursuant to this paragraph that is not in
comments may be faxed to (202) 690–        dairy products manufacturer is a ‘‘small      excess of the skim milk and butterfat
0552. Reference should be given to the     business’’ if it has fewer than 500           contained in member producer milk
title of action and docket number.         employees. For the purposes of                actually received at such plant)’’, and
FOR FURTHER INFORMATION CONTACT:           determining which dairy farms are             ‘‘or the previous 12-month period
Clifford M. Carman, Marketing              ‘‘small businesses,’’ the $500,000 per        ending with the current month.’’
Specialist, USDA/AMS/Dairy Programs, year criterion was used to establish a                 All persons who want to submit
Order Formulation Branch, Room 2971, production guideline of 326,000 pounds              written data, views or arguments about
South Building, P.O. Box 96456,            per month. Although this guideline does       the proposed suspension should send
                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                         38145

two copies of their views to USDA/            Accordingly, it may be appropriate to      except holidays. Persons wishing to
AMS/Dairy Programs, Order                   suspend the aforesaid provisions at the      inspect comments are requested to call
Formulation Branch, Room 2971, South        beginning of the next marketing period       ahead on (202) 690–2817 to facilitate
Building, P.O. Box 96456, Washington,       until completion of Federal Order            entry into the comment reading room.
DC 20090–6456, by the 7th day after         Reform.                                      FOR FURTHER INFORMATION CONTACT:
publication of this notice in the Federal                                                Natalie Roberts, Ph.D., Program
Register. The period for filing comments    List of Subjects in 7 CFR Part 1131
                                                                                         Evaluation and Monitoring, PPD,
is limited to 7 days because a longer         Milk marketing orders.                     APHIS, 4700 River Road Unit 120,
period would not provide the time             The authority citation for 7 CFR Part      Riverdale, MD 20737–1234, (301) 734–
needed to complete the required             1131 continues to read as follows:           8937; or e-mail:
procedures before the start of the next       Authority: 7 U.S.C. 601–674.               Natalie.A.Roberts@usda.gov.
marketing period.                             Dated: July 9, 1999.                       SUPPLEMENTARY INFORMATION: The
   All written submissions made
                                            Richard M. McKee,                            Animal Welfare Act (AWA) (7 U.S.C.
pursuant to this notice will be made
available for public inspection in Dairy    Deputy Administrator, Dairy Programs.        2131 et seq.) authorizes the Secretary of
Programs during regular business hours      [FR Doc. 99–18051 Filed 7–14–99; 8:45 am]    Agriculture to promulgate standards and
(7 CFR 1.27(b)).                            BILLING CODE 3410–02–P
                                                                                         other requirements governing the
                                                                                         humane handling, housing, care,
Statement of Consideration                                                               treatment, and transportation of certain
  The proposed rule would suspend                                                        animals by dealers, exhibitors, and other
                                            DEPARTMENT OF AGRICULTURE
certain provisions of the Central                                                        regulated entities. The Secretary of
Arizona order until completion of           Animal and Plant Health Inspection           Agriculture has delegated the
Federal Order Reform. The proposed          Service                                      responsibility for enforcing the AWA to
suspension would remove the                                                              the Administrator of the Animal and
requirement that a cooperative              9 CFR Part 3                                 Plant Health Inspection Service
association which operates a                                                             (APHIS). Regulations established under
                                            [Docket No. 98–121–1]
manufacturing plant in the marketing                                                     the AWA are contained in 9 CFR parts
area must ship at least 50 percent of its   Animal Welfare; Draft Policy on              1, 2, and 3. The APHIS Animal Care
milk supply during the current month        Environment Enhancement for                  program ensures compliance with the
or the previous 12-month period ending      Nonhuman Primates                            AWA regulations by conducting
with the current month to other                                                          inspections of premises with regulated
handlers’ pool plants to maintain the       AGENCY:  Animal and Plant Health             animals.
pool status of its manufacturing plant.     Inspection Service, USDA.                       Subpart D of 9 CFR part 3 contains
  The order permits a cooperative           ACTION: Draft policy statement and           requirements for the humane handling,
association’s manufacturing plant,          request for comments.                        care, treatment, and transportation of
located in the marketing area, to be a                                                   nonhuman primates. Under subpart D,
pool plant if at least 50 percent of the    SUMMARY:    Under the Animal Welfare         § 3.81 requires that dealers, exhibitors,
producer milk of members of the             Act, our regulations require that dealers,   and research facilities that maintain
cooperative association is physically       exhibitors, and research facilities that     nonhuman primates develop, document,
received at pool plants of other handlers   maintain nonhuman primates develop           and follow an appropriate plan for
during the current month or the             and follow a plan for environment            environment enhancement adequate to
previous 12-month period ending with        enhancement adequate to promote the          promote the psychological well-being of
the current month.                          psychological well-being of the              nonhuman primates. Section 3.81
  Reinstatement of the suspension           nonhuman primates. We have                   further requires that the plan be in
which expired on March 31, 1999, was        developed a draft policy to clarify what     accordance with currently accepted
requested by United Dairymen of             we believe must be considered and            professional standards, as cited in
Arizona (UDA), a cooperative                included in the plan in order for            appropriate professional journals or
association which represents nearly all     dealers, exhibitors, and research            reference guides, and as directed by the
of the dairy farmers who supply the         facilities to adequately promote the         attending veterinarian. At a minimum,
Central Arizona market. UDA contends        psychological well-being of nonhuman         § 3.81 requires the plan to address:
that the pool status of their               primates. We are seeking public                 • The social needs of nonhuman
manufacturing plant would be                comment on the draft policy before we        primates known to exist in social
threatened if the suspension is not         implement it.                                groups;
reinstated. UDA states that the same        DATES: We invite you to comment. We             • Enrichment of the physical
marketing conditions that warranted the     will consider all comments that we           environment of the nonhuman primates
suspension for the past four years still    receive by September 13, 1999.               by providing means of expressing
exist. UDA maintains that members who       ADDRESSES: Please send an original and       noninjurious species-typical behavior;
increased their milk production to meet     three copies of your comments to                • Special considerations for infant
the projected demands of fluid handlers     Docket No. 98–121–1, Regulatory              and young nonhuman primates;
for distribution into Mexico continue to    Analysis and Development, PPD,               nonhuman primates that show signs of
suffer the adverse impact of the collapse   APHIS, suite 3C03, 4700 River Road           psychological distress, are restricted in
of the Mexican peso. Absent a               Unit 118, Riverdale, MD 20737–1238.          their activities, or are individually
suspension, UDA projects that costly        Please state that your comments refer to     housed; and great apes weighing over
and inefficient movements of milk           Docket No. 98–121–1. Comments                110 lbs.
would have to be made to maintain the       received may be inspected at USDA,           Further guidance and specific examples
pool status of producers who have           room 1141, South Building, 14th Street       are provided in § 3.81 for determining
historically supplied the market and to     and Independence Avenue SW.,                 when social grouping of nonhuman
prevent disorderly marketing in the         Washington, DC, between 8 a.m. and           primates is inappropriate and ways to
Central Arizona marketing area.             4:30 p.m., Monday through Friday,            provide environmental enrichment. In
38146               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

addition, § 3.81 places restrictions on        promote the psychological well-being of        developed a draft policy on
the use of restraint devices and               nonhuman primates, a balance of                environment enhancement for
prescribes when and how individual             several factors or areas of concern must       nonhuman primates. The draft policy
nonhuman primates may be exempted              be addressed. As noted above, this             appears at the end of this document. We
from participation in the plan.                concept, as set forth in § 3.81, involves      intend this policy to be used by dealers,
                                               providing methods of social interaction        exhibitors, and research facilities as a
History of APHIS Regulations on
                                               with other nonhuman primates or                basis in developing plans under § 3.81
Psychological Well-Being of Nonhuman
                                               humans; providing methods to                   for environment enhancement to
Primates
                                               physically and mentally stimulate the          promote the psychological well-being of
   The regulations in § 3.81 were              nonhuman primates and occupy some              nonhuman primates.
established as part of a final rule            of their time; and considering the                We based the draft policy on an
published in the Federal Register on           special needs of certain nonhuman              extensive review of the available
February 15, 1991 (56 FR 6426–6505,            primates, such as infants and young            primate literature, professional journals,
Docket No. 90–218). The final rule             juveniles or great apes. Stipulating areas     and reference guides. We also consulted
stipulated that plans for promoting the        of concern that must be addressed, as          veterinarians, primatologists, and our
psychological well-being of nonhuman           opposed to more rigid design standards,        inspectors. The draft policy represents
primates must be implemented by                allows dealers, exhibitors, and research       what we believe are the currently
August 14, 1991. The establishment of          facilities flexibility to tailor the plan so   accepted professional standards for
these regulations was in response to           that it is appropriate to the species or       promoting the psychological well-being
amendments to the Animal Welfare Act           individual being maintained.                   of nonhuman primates through
made by Congress in 1985. Among other             The performance standards in § 3.81         enhancement of the primates’
things, the 1985 amendments directed           require first and foremost that the plan       environment. We believe this draft
the Secretary of Agriculture to                for environment enhancement be in              policy will assist regulated entities by
promulgate new regulations for a               accordance with currently accepted             clarifying what actions we consider
physical environment adequate to               professional standards, as cited in            necessary in order to comply with the
promote the psychological well-being of        appropriate professional journals or           requirements of § 3.81.
nonhuman primates.                             reference guides, and as directed by the          We state in the draft policy that
   Nonhuman primates include more              attending veterinarian. This allows            dealers, exhibitors, and research
than 240 species, ranging from the tiny        flexibility for dealers, exhibitors, and       facilities who house nonhuman
marmoset to great apes. They live in           research facilities in developing their        primates will meet the requirements of
different habitats in nature, and their        guides as advances are made in the             § 3.81 if they develop and follow
nutritional, activity, social, and             understanding of ways to assess and            environment enhancement plans that
environmental requirements vary. As a          promote psychological well-being in            are in accordance with the draft policy.
result, the conditions appropriate for         nonhuman primates.                             However, we recognize that there may
one species do not necessarily apply to                                                       be other options that would also meet
another. In addition, the 1985                 Draft Policy on Psychological Well-            the requirements of § 3.81. Our adoption
amendments to the Animal Welfare Act,          Being of Nonhuman Primates                     of this draft policy would not prevent
while mandating that we establish                 In 1996, after 5 years of experience        regulated entities from developing
regulations for a physical environment         enforcing § 3.81, we evaluated the             practices other than those in the draft
adequate to promote the psychological          effectiveness of the performance               policy, as long as those practices meet
well-being of nonhuman primates, did           standards by surveying our inspectors          the requirements of § 3.81. Likewise, our
not give us the authority to interfere         about their experience in reviewing            adoption of this draft policy would not
with actual research.                          environment enhancement plans                  prevent regulated entities from using
   With these things in mind, we               developed under § 3.81. The results of         alternative sources or research materials
intentionally made the regulations             our evaluation indicated that dealers,         in developing their environment
regarding promotion of psychological           exhibitors, and research facilities did        enhancement plans, as long as the
well-being flexible. The regulations we        not necessarily understand how to              resulting plans meet the requirements of
established in § 3.81 are performance          develop an environment enhancement             § 3.81. If a dealer, exhibitor, or research
standards, meaning they state a goal that      plan that would adequately promote the         facility wants assurance that an
must be met (an environment adequate           psychological well-being of nonhuman           alternative plan (not in accordance with
to promote the psychological well-being        primates. In addition, there has been          the draft policy) is in compliance with
of nonhuman primates) and provide              considerable disagreement in various           § 3.81, they may request approval of the
minimum requirements on how to meet            sectors of the public over the adequacy        plan in writing from the Deputy
the goal. Within the minimum                   of the performance standards in § 3.81,        Administrator of Animal Care.
requirements, dealers, exhibitors, and         as well as confusion among the                    The draft policy identifies five general
research facilities have the flexibility to    regulated public concerning on what            elements that we believe are critical to
develop a plan that will address the           basis they will be judged by inspectors        environments that adequately promote
specific needs of the nonhuman                 as meeting or not meeting the                  the psychological well-being of
primates they maintain and, for research       requirements. Our inspectors requested         nonhuman primates: Social grouping,
facilities, that will address the scientific   information and clarification on how to        social needs of infants, structure and
needs of research.                             judge whether someone was meeting the          substrate, foraging opportunities, and
   Further, what constitutes                   requirements in § 3.81.                        manipulanda. These five elements are
psychological well-being in each species          While we continue to believe that the       represented in the minimum
and each primate does not lend itself to       flexibility of the performance standards       requirements in § 3.81 concerning social
precise definition. After consultation         in § 3.81 is in the best interests of the      grouping and environmental
with primate experts and using the             animals covered by the regulations, we         enrichment. The five elements, and
accepted professional standards                do believe that additional information         detailed information provided for each,
available at the time, we based the            on how to meet the standards in § 3.81         describe what we believe to be the
regulations on the concept that, to            is necessary. We have, therefore,              currently accepted professional
                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                           38147

standards to meet the minimum                 exhibitor, or research facility wants        the animal having the opportunity for
requirements in § 3.81. We also state in      assurance that an alternative plan (not      continuous visual, auditory, olfactory,
the draft policy that facilities are          in accordance with this policy) is in        and tactile contact with another
encouraged to explore additional              compliance with § 3.81, they may             compatible primate (such as through
elements and innovations and to exceed        request approval of the plan in writing      adjacent wire mesh or bars). For primate
the requirements of the draft policy and      from the Deputy Administrator of             species in which grooming other
the regulations.                              Animal Care.                                 primates is an important social function,
   In addition, we have prepared a report       Based on our research, we have             sufficient tactile contact range is
that describes the scientific basis for the   identified five elements that are critical   particularly important.
draft policy and the methods we used in       to environments that adequately                 3. Housing without the animal having
developing the draft policy, including a      promote the psychological well-being of      the opportunity for continuous visual,
literature review and discussion and a        nonhuman primates:                           auditory, olfactory, and tactile contact,
list of references. You can obtain a copy       A. Social Grouping                         but with such contact on a periodic
of this report by contacting the person         B. Social Needs of Infants                 basis, through scheduled social
listed under FOR FURTHER INFORMATION            C. Structure and Substrate                 interaction with one or more compatible
CONTACT at the beginning of this                D. Foraging Opportunities                  primates.
document. The report can also be                E. Manipulanda                                4. Housing without the animal having
viewed at any Animal Care Regional              The remainder of this policy contains      the opportunity for continuous visual,
Office and in our comment reading             what we believe are the currently            auditory, olfactory, and tactile contact
room. The address for our comment             accepted professional standards to           with a compatible primate, but with
reading room appears in the ADDRESSES         address these five critical elements,        daily positive interaction with
section at the beginning of this              based on our research and review of the      compatible human care givers. The
document. Finally, the report is posted       available literature, as explained above.    human contact should be of sufficient
on the Animal Care home page at               The first two critical elements, Social      type and duration to compensate for
http://www.aphis.usda.gov/ac/                 Grouping and Social Needs of Infants,        restricted social housing. We do not
info.html.                                    are a clarification of § 3.81(a), which      consider basic routine husbandry or
   We are seeking public comment on           deals with the impact of social grouping     medical or experimental manipulation
the content of the draft policy before we     on psychological well-being. Structure       to be sufficient human contact.
implement it. The draft policy is as          and Substrate, Foraging Opportunities,          We consider pair or group housing
follows:                                      and Manipulanda are critical elements        (Option 1) to be the most desirable
                                              which clarify § 3.81(b), Environmental       housing option and we expect this
Draft Policy on Environment
                                              Enrichment.                                  option to be used whenever possible.
Enhancement for the Psychological               Facilities are encouraged to explore
Well-Being of Nonhuman Primates                                                            We consider this particularly important
                                              additional elements and innovations          for chimpanzees, gorillas, gibbons, and
   The regulations in 9 CFR 3.81 require      and to exceed what is in this policy.        siamangs, which seem to suffer
that dealers, exhibitors, and research                                                     particularly from being housed
facilities develop, document and follow       A. Social Grouping
                                                                                           individually. If Option 1 is not utilized,
an appropriate plan for environment              Section 3.81(a) requires that a plan      the plan must provide an explanation
enhancement adequate to promote the           must address the social needs of             and justification for each diminished
psychological well-being of nonhuman          nonhuman primates of species known to        degree of social interaction. Social
primates, and that the plan be in             exist in social groups in nature.            housing also facilitates important
accordance with currently accepted            According to our research, primates are      primate behaviors associated with
professional standards as cited in            clearly social beings and social housing     signals that communicate emotional
appropriate professional journals or          is the most appropriate way to promote       states or other information between
reference guides and as directed by the       normal social behavior and meet social       individuals. Acceptable reasons for
attending veterinarian. We have               needs. In order to address the social        choosing Options 2, 3, or 4 would
developed this policy to clarify what we      needs of nonhuman primates under             include:
believe must be considered and                § 3.81(a), the plan must provide for each       1. The health and well-being of the
included in an environment                    primate of a species known to be social      individual primate;
enhancement plan developed under              in nature to be housed with other               2. Documented unavailability of
§ 3.81 in order to meet the requirement       primates whenever possible. The              compatible individuals;
of adequately promoting the                   housing options listed below are listed         3. The scientific requirements of a
psychological well-being of nonhuman          in a hierarchy of preference, with group     protocol approved by an Institutional
primates. We have based this policy on        housing being the most desirable plan.       Animal Care and Use Committee
a review of the available primate             Housing should maximize opportunities        (IACUC) (for registered research
literature, professional journals and         for a full range of species-appropriate      facilities); or
reference guides, and the collective          contact, except that reproduction may           4. The animal’s assignment to an
experience of field inspectors,               be limited or prevented entirely. Social     IACUC-approved project that will result
veterinarians, and primatologists.            housing should be designed to reduce         in euthanasia or disposition within a
   Dealers, exhibitors, and research          the risk of injury from others in the        short period (normally less than 60
facilities who house nonhuman                 enclosure. Compatibility must be             days).
primates will meet the requirements of        determined as described in 9 CFR                Virtually any social change can be
§ 3.81 if they develop and follow an          3.81(a)(3). Housing options include:         stressful to the nonhuman primates. In
environment enhancement plan                     1. Housing in an enclosure with one       order to effectively manage social
(referred to below as ‘‘plan’’) in            or more compatible primates. For group-      groups and minimize stress, the plan
accordance with this policy. If a plan is     living species, species-typical groupings    should include procedures for
not developed in accordance with this         are strongly encouraged.                     introduction, separation, and
policy, the plan may or may not meet             2. Housing in an enclosure without        socialization, including minimizing
the requirements of § 3.81. If a dealer,      another compatible primate, but with         unnecessary separations for established
38148               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

compatible pairs or groups, whether           where necessary for the health and well-     of adequate shape and design, and have
temporary or permanent, and                   being of the infant or dam.                  adequate furnishings, to accommodate
minimizing the negative effects of               Although we stress that it is important   species-appropriate behaviors by all
necessary separations.                        not to disrupt the bond between the          inhabitants. Each primate should be
   If individual primates are strongly        infant and its parents, there may be         able to, at a minimum, engage in:
socialized toward humans and                  situations when infants must be                 1. Species-typical postures and
distressed by other primates, the plan        separated earlier than is optimal. When      positions for resting, sleeping, feeding,
should provide for daily, extensive           infants must be separated from the care      exploration, and play;
positive human interaction in addition        giving parent(s) prior to the approximate       2. Species-typical locomotion; and
to that associated with routine               age of separation in nature, our research       3. Social adjustments.
husbandry, medical care, experimental         indicates that at least the following           Primary enclosures should contain
manipulation, training, or exhibition.        separation procedures should be              elevated resting structures appropriate
   Without some socialization to              included in the plan in order to             for the species. The type, number, and
humans, contact with humans becomes           minimize distress and ensure                 orientation of the structures in each
an environmental stressor for the             appropriate sensory, motor,                  enclosure should be appropriate to the
primates, over which they have no             psychological, and social development        number and social arrangement of the
control. When contact with human              of the infant:                               animals in the enclosure. Structures
facility personnel is a necessary part of        • Details of separation procedures        should be positioned to facilitate social
the primate’s life, the plan must include     used to minimize distress for the infant     adjustments and not interfere with
a program of husbandry conditioning           and the care-giving parent(s);               normal locomotion.
and habituation to human                         • Details of any hand-raising or
                                                                                              Primates of species that normally
manipulation. This is particularly            fostering practices. There should be
                                                                                           hang from limbs and/or tails should be
important for any primate subjected to        specific provisions, in accordance with
                                                                                           provided with structures and
frequent conscious manipulation or            the professional literature, to provide
                                                                                           complexities that enable them to do so
restraint that may cause more than            the infant with a level of sensory, motor,
                                                                                           comfortably.
momentary or slight pain or distress, or      psychological, and social stimulation
                                              approximating that which it would               Primates of species with long tails
frequent chemical restraint to
                                              receive from its care giving parent(s),      should be provided with sufficient
accomplish minor procedures or
                                              natal group and/or peer group under          vertical space to permit normal upright
manipulations.
                                              normal circumstances. Hand raising           resting postures without restriction of
B. Social Needs of Infants                                                                 tail position or placement of the tail
                                              practices that are likely to be
   Section 3.81(c)(1) requires that special   detrimental to the development of            outside the enclosure or into waste
attention be given to infants and young       species-appropriate behavior or to the       pans.
juveniles. Nonhuman primate infants           well-being of the individual at a later         Primates of species that normally rest
and their care-giving parents have            time, such as those involving social         or sleep in cavities, or which are
specific social needs. The psychological      restriction from primates of their own       nocturnal or partly nocturnal, should be
well-being of nonhuman primate infants        species, should not be used;                 provided with nest boxes or similar
depends on appropriate infant                    • A suitable surrogate parent for         structures. Primates of species that
development. In most situations, the          artificially reared monkey or ape            construct nests for sleeping or resting
optimal environment for infant                infants.                                     should be provided with artificial or
development is one that allows the               The plan should include a program to      natural nest materials such as hay,
infant to remain with its biological          develop and maintain species-typical         browse, or blankets.
mother through weaning in the                 social competence through exposure to           Enclosures should be designed,
company of a species-normal social            peers and/or adults of the same or           constructed, and furnished so that
group. Additionally, reproductive             compatible species. Socialization to         individual primates may reasonably
success (including reproductive               humans and to other animals, such as         avoid other individuals or frightening
behaviors, fertility, prenatal adequacy,      dogs, may be simultaneously                  stimuli. Flight distances, visual barriers,
parturition, and parental care) is            maintained when desirable.                   and placement of structures such as
generally considered to be one of the                                                      perches or shelters should be
                                              C. Environmental Enrichment—                 considered during design and
strongest indicators of psychological
                                              Structure and Substrate                      furnishing.
well-being in adult captive nonhuman
primates.                                        The social, developmental, and               Primarily terrestrial species should
   All facilities with one or more            physical environment are                     have access to suitable flooring and
breeding groups of primates should            interdependent in ensuring                   resting areas. Patas monkeys should
include in their plan a program to            psychological well-being of nonhuman         have regular access to large exercise
ensure species-typical sensory, motor,        primates. Section 3.18(b) requires that      areas that accommodate running.
psychological and social development          the physical environment in primary             Primate species that scent-mark
of infants. The plan should also include      enclosures must be enriched by               should be provided with suitable scent-
criteria for removal of any infants from      providing means of expressing                retaining surfaces. The surfaces may be
the care-giving parent(s) if necessary.       noninjurious species-typical activities.     part of the cage structure, part of cage
Separation should be directed by the          The most basic components of the             furniture, or in the form of temporary
attending veterinarian or other qualified     physical environment are the enclosure       objects and should be replaced or
professional and should be customized         structure (its size, shape, and design)      sanitized as appropriate.
to the characteristics of the individual      and the substrates within it (flooring,         Enclosures should be designed,
primate.                                      bedding, and furnishings, including          constructed, and furnished to facilitate
   Infants should not be permanently          perches, nest boxes, etc.). In order to      social introduction, reintroduction,
removed from the care giving parent(s)        promote psychological well-being for         separation, or temporary restraint.
before an age that approximates the age       nonhuman primates, primary enclosures           Aged, physically impaired, or
of infant independence in nature, except      for housing and/or exercise need to be       debilitated individuals should be
                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                          38149

provided with structures suited to their    variety of portable or moveable items for     Control Over the Environment
physical abilities.                         manipulation available to them. The
                                            size and type of item(s) and its                 The plan should provide individual
D. Environmental Enrichment—                                                              primates with the opportunity to
                                            presentation should be safe and suitable
Foraging Opportunities                                                                    exercise control over some aspects of
                                            for the species, age, sex, and
   In the wild, nonhuman primates           characteristics of the individuals. The       their environment. Complex objects or
spend a significant proportion of their     number of items and their presentation        environments that can be altered or
time foraging for food. ‘‘Working’’ for     should take into account hoarding or          controlled by the animals provide them
food is one of the most frequently found    aggressive behavior by animals in a           with enhanced opportunities to utilize
species-typical activities for nonhuman     social group and changed as often as          their cognitive abilities. Examples of
primates. Captive nonhuman primates         necessary to maintain appropriate             control include opening doors and peep
that are not provided with enough time-     novelty. Primate species that groom           holes, moving indoors or outdoors, and
consuming foraging tasks may self-          others of their own species but must be       influencing the temperature and lighting
mutilate, over-groom, or become             caged without tactile contact should          in the cage, as well as avoiding noxious
aggressive.                                 have daily access to suitable objects or      stimuli.
   As part of enriching the physical        substrates for grooming.
environment under § 3.81(b), the plan                                                     Sensory Stimulation
should provide for each primate to have,    Considerations for Meeting the Critical
on a daily basis, some type of time-        Elements                                         The plan should provide for each of
consuming foraging opportunity. The           There are other criteria which our          the five senses to be stimulated in a
foraging enrichment can include a wide      research showed must be considered in         species-appropriate and non-distressing
variety of time-consuming activities.       relation to all five critical elements:       manner. Exemptions may be made for
These activities may include providing        • Documentation                             individuals with sensory impairment.
something as simple as whole fruits or        • Novelty                                      The plan should provide for primates
vegetables with high processing time,         • Control over the environment
                                                                                          to be given the opportunity to avoid or
providing standard monkey biscuits in         • Sensory stimulation
                                              • Exemptions                                distance themselves from objects that
novel ways to increase food acquisition
times, providing more complex types of        • Individuals in persistent                 may be frightening. Levels of
                                            psychological distress.                       stimulation should not be excessive or
devices such as puzzle feeders, or                                                        discernibly distressing, and individuals
scattering food in substrates. Food items   Documentation                                 must have the opportunity to avoid
and foraging options should be chosen         The plan should be designed with            excessive exposure to such stimuli.
with consideration for the species and      consideration for the species, age, sex,
abilities of the individuals involved so    health status, rearing, and behavioral        Exemptions
that each primate can readily obtain its    history of the primate. The plan should
minimum daily nutritional                                                                    In accordance with § 3.81(e),
                                            document:                                     exemptions for individual primates
requirements. The diet for each primate       • Scientific justification for all
should contain a variety of tastes,                                                       from various aspects of the plan may be
                                            aspects of the plan, including
smells, and textures. Gnawing or            professional journals and reference           made as part of an IACUC-approved
gouging wood should be provided for         guides consulted.                             protocol. Section 3.81(e) also allows
marmosets and tamarins.                       • Changes in the facility’s primate         exemptions to be made by the attending
   For primates on continuously             population.                                   veterinarian because of the animals
restricted diets as part of medical           • Changes in the needs of individual        health or condition or in consideration
treatment or experimental protocol, the     primates.                                     of its well-being. As required by
plan should provide a substitution for        • Assessments of the effectiveness of       § 3.81(e), the basis for exemptions must
foraging, meaning opportunities to          the program in promoting species-             be documented. Exemptions should be
engage in time-consuming cognitive          appropriate behavior.                         only to the extent and length of time
activities or foraging involving nonfood                                                  necessary. Section 3.81(e) requires that
                                            Novelty
rewards (such as ice cubes or toys). The                                                  exemptions be reviewed at least every
cognitive activities should be                 The plan should provide for                30 days by the attending veterinarian or,
voluntary—we do not consider activities     appropriate levels of novelty in the          for IACUC-approved protocols, at least
that are part of experimental               items or strategies chosen. Novelty is        annually. Exemptions should be
manipulation to be adequate.                variation in enrichment devices and           reviewed more often if appropriate to
                                            strategies. Appropriate novelty includes      the circumstances and should be
E. Environmental Enrichment—                both the physical properties inherent in
Manipulanda                                                                               adjusted as circumstances change. If,
                                            any object or situation and the timing or
                                                                                          due to medical treatment or
  Manipulanda are objects that can be       duration that the novelty is provided.
                                                                                          experimental protocol, a critical element
moved, used, or altered in some manner      Novel items should be provided in
                                                                                          cannot be satisfied, additional
by the primate’s hands. Manipulanda         sufficient quantity and located within
                                            the environment so as to be accessible        enrichment must be provided as
can stimulate several senses and permit
                                            to all primates. The cognitive abilities of   compensation.
the animal to experience novelty and a
sense of control over part of its           primates should be considered in the          Individuals in Persistent Psychological
environment. Manipulanda have been          choice of novelty provided. Novel             Distress
shown to be effective in increasing         stimuli should sustain their interest,
species-appropriate behavior and            encourage activity, and redirect                The plan should provide that, for
decreasing abnormal behavior.               inappropriate activity to behaviors           primates in persistent psychological
  As part of enriching the physical         appropriate for their species. Each           distress, a primate behaviorist or
environment under § 3.81(b), our            facility should document in its plan          veterinarian with formal training and
research indicates that the plan should     how and with what frequency novelty is        experience in primate behavior will be
provide for each primate to have a          maintained.                                   consulted.
38150                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

  Done in Washington, DC, this 9th day of    Monday through Friday, except Federal       Saab Model SAAB SF340A and SAAB
May 1999.                                    holidays.                                   340B series airplanes, was published as
A. Cielo,                                      The service information referenced in     a notice of proposed rulemaking
Acting Administrator, Animal and Plant       the proposed rule may be obtained from      (NPRM) in the Federal Register on
Health Inspection Service.                   Saab Aircraft AB, SAAB Aircraft             February 18, 1999 (64 FR 8029). That
[FR Doc. 99–18050 Filed 7–14–99; 8:45 am]                                     ¨
                                             Product Support, S–581.88, Linkoping,       NPRM would have required repetitive
BILLING CODE 3410–34–P                       Sweden. This information may be             inspections to detect cracking around
                                             examined at the FAA, Transport              certain fastener holes and adjacent areas
                                             Airplane Directorate, 1601 Lind             of the front spar of the horizontal
DEPARTMENT OF TRANSPORTATION                 Avenue, SW, Renton, Washington.             stabilizers; and corrective actions, if
                                             FOR FURTHER INFORMATION CONTACT:            necessary. That proposal also would
Federal Aviation Administration              Norman B. Martenson, Manager,               have required cold working of certain
                                             International Branch, ANM–116, FAA,         fastener holes of the front spar of the
14 CFR Part 39                               Transport Airplane Directorate, 1601        horizontal stabilizers, and follow-on
[Docket No. 98–NM–220–AD]                    Lind Avenue, SW., Renton, Washington        actions; and installation of new
                                             98055–4056; telephone (425) 227–2110;       fasteners, which would have constituted
RIN 2120–AA64                                fax (425) 227–1149.                         terminating action for the repetitive
                                             SUPPLEMENTARY INFORMATION:                  inspections proposed by that AD. That
Airworthiness Directives; Saab Model
                                                                                         NPRM was prompted by the issuance of
SAAB SF340A and SAAB 340B Series             Comments Invited
                                                                                         mandatory continuing airworthiness
Airplanes                                      Interested persons are invited to         information by a foreign civil
AGENCY:  Federal Aviation                    participate in the making of the            airworthiness authority. Fatigue
Administration, DOT.                         proposed rule by submitting such            cracking around certain fastener holes of
ACTION: Supplemental notice of
                                             written data, views, or arguments as        the front spar of the horizontal
proposed rulemaking; reopening of            they may desire. Communications shall       stabilizers, if not detected and corrected,
comment period.                              identify the Rules Docket number and        could result in failure of the front spar
                                             be submitted in triplicate to the address   and consequent reduced structural
SUMMARY: This document revises an            specified above. All communications         integrity of the airplane.
earlier proposed airworthiness directive     received on or before the closing date
(AD), applicable to certain Saab Model       for comments, specified above, will be      Comments
SAAB SF340A and SAAB 340B series             considered before taking action on the        Due consideration has been given to
airplanes, that would have required          proposed rule. The proposals contained      the comments received in response to
repetitive inspections to detect cracking    in this notice may be changed in light      the NPRM.
around certain fastener holes and            of the comments received.
adjacent areas of the front spar of the        Comments are specifically invited on      Request To Revise Certain Inspection
horizontal stabilizers; and corrective       the overall regulatory, economic,           Requirement of the Proposed Rule
actions, if necessary. That proposal also    environmental, and energy aspects of           One commenter, the airplane
would have required cold working of          the proposed rule. All comments             manufacturer, requests that the
certain fastener holes of the front spar     submitted will be available, both before    originally proposed rule be revised to
of the horizontal stabilizers, and follow-   and after the closing date for comments,    clarify certain requirements. The
on actions; and installation of new          in the Rules Docket for examination by      commenter notes that the originally
fasteners, which would have constituted      interested persons. A report                proposed rule would require, among
terminating action for the repetitive        summarizing each FAA-public contact         other things, repetitive eddy current
inspections proposed by that AD. That        concerned with the substance of this        inspections to be accomplished in
proposal was prompted by the issuance        proposal will be filed in the Rules         accordance with Saab Service Bulletin
of mandatory continuing airworthiness        Docket.                                     340–55–033, Revision 04, dated
information by a foreign civil                 Commenters wishing the FAA to
                                                                                         December 1, 1998. The commenter
airworthiness authority. This new            acknowledge receipt of their comments
                                                                                         points out that the Saab service bulletin
action revises the proposed rule by          submitted in response to this notice
                                                                                         recommends performing both eddy
adding repetitive x-ray inspections. The     must submit a self-addressed, stamped
                                                                                         current and x-ray inspections. Under the
actions specified by this new proposed       postcard on which the following
                                                                                         compliance section of the service
AD are intended to prevent failure of the    statement is made: ‘‘Comments to
                                                                                         bulletin, the general term ‘‘NDT
front spar due to fatigue cracking           Docket Number 98-NM–220-AD.’’ The
                                                                                         inspection’’ is used. The commenter
around certain fastener holes of the         postcard will be date stamped and
                                                                                         suggests that either ‘‘NDT inspection’’ or
front spar of the horizontal stabilizers,    returned to the commenter.
                                                                                         ‘‘eddy current and x-ray inspection’’ be
which could result in reduced structural     Availability of NPRMs                       specified in the requirements.
integrity of the airplane.                                                                  The FAA concurs with this request.
                                               Any person may obtain a copy of this
DATES: Comments must be received by          NPRM by submitting a request to the         The FAA inadvertently omitted the
August 9, 1999.                              FAA, Transport Airplane Directorate,        reference to repetitive x-ray inspections
ADDRESSES: Submit comments in                ANM–114, Attention: Rules Docket No.        in paragraphs (a) and (b) of the proposed
triplicate to the Federal Aviation           98-NM–220-AD, 1601 Lind Avenue,             AD, and has revised this supplemental
Administration (FAA), Transport              SW, Renton, Washington 98055–4056.          NPRM accordingly. Additionally, the
Airplane Directorate, ANM–114,                                                           reference to x-ray inspections has been
Attention: Rules Docket No. 98-NM–           Discussion                                  added to the cost impact section of this
220-AD, 1601 Lind Avenue, SW.,                 A proposal to amend part 39 of the        supplemental NPRM. The original cost
Renton, Washington 98055–4056.               Federal Aviation Regulations (14 CFR        estimate in the NPRM included all costs
Comments may be inspected at this            part 39) to add an airworthiness            associated with both the eddy current
location between 9 a.m. and 3 p.m.,          directive (AD), applicable to certain       and x-ray inspections.
                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                                     38151

  Since adding an inspection expands         Regulatory Impact                                requirements of this AD is affected, the
the scope of the originally proposed                                                          owner/operator must request approval for an
                                                The regulations proposed herein               alternative method of compliance in
rule, the FAA has determined that it is      would not have substantial direct effects        accordance with paragraph (f) of this AD. The
necessary to reopen the comment period       on the States, on the relationship               request should include an assessment of the
to provide additional opportunity for        between the national government and              effect of the modification, alteration, or repair
public comment.                              the States, or on the distribution of            on the unsafe condition addressed by this
Clarification of the Inspection              power and responsibilities among the             AD; and, if the unsafe condition has not been
                                             various levels of government. Therefore,         eliminated, the request should include
Requirements                                                                                  specific proposed actions to address it.
                                             in accordance with Executive Order
  Additionally, the FAA has clarified        12612, it is determined that this                   Compliance: Required as indicated, unless
certain wording in the supplemental                                                           accomplished previously.
                                             proposal would not have sufficient
NPRM to more accurately describe the                                                             To prevent failure of the front spar due to
                                             federalism implications to warrant the           fatigue cracking around certain fastener holes
inspection requirements. This                preparation of a Federalism Assessment.          of the front spar of the horizontal stabilizers,
clarification is in addition to the             For the reasons discussed above, I            which could result in reduced structural
previously discussed omission.               certify that this proposed regulation (1)        integrity of the airplane, accomplish the
Paragraphs (a) and (b) of the proposed       Is not a ‘‘significant regulatory action’’       following:
rule require performing inspections to       under Executive Order 12866; (2) is not
detect cracking around certain fastener                                                       Initial and Repetitive Inspections
                                             a ‘‘significant rule’’ under the DOT
holes and adjacent areas of the front                                                            (a) For Model SAAB SF340A series
                                             Regulatory Policies and Procedures (44
spar of the horizontal stabilizer. For                                                        airplanes with manufacturer’s serial numbers
                                             FR 11034, February 26, 1979); and (3) if         –004 through –159 inclusive: Perform the
clarification of the types of inspections    promulgated, will not have a significant         inspections (detailed visual, eddy current,
required, paragraphs (a) and (b) of the      economic impact, positive or negative,           and x-ray) specified in paragraph 2.D. of the
supplemental NPRM have been revised          on a substantial number of small entities        Accomplishment Instructions of Saab Service
to specify that detailed visual, eddy        under the criteria of the Regulatory             Bulletin 340–55–033, Revision 04, dated
current, and x-ray inspections are           Flexibility Act. A copy of the draft             December 1, 1998, to detect cracking around
required in accordance with paragraph        regulatory evaluation prepared for this          certain fastener holes and adjacent areas of
2.D. of the Accomplishment Instructions      action is contained in the Rules Docket.         the front spar of the horizontal stabilizer, in
of the service bulletin.                                                                      accordance with the service bulletin, at the
                                             A copy of it may be obtained by
                                                                                              time specified in paragraph (a)(1), (a)(2), or
Cost Impact                                  contacting the Rules Docket at the               (a)(3) of this AD, as applicable. Thereafter,
                                             location provided under the caption              repeat only the eddy current and x-ray
   The FAA estimates that 279 airplanes      ADDRESSES.                                       inspections at intervals not to exceed 12,000
of U.S. registry would be affected by this                                                    flight cycles until the requirements of
proposed AD.                                 List of Subjects in 14 CFR Part 39
                                                                                              paragraph (d) of this AD are accomplished.
   It would take approximately 4 work          Air transportation, Aircraft, Aviation            (1) For airplanes that have accumulated
hours per airplane to perform the            safety, Safety.                                  less than 22,000 total flight cycles as of the
proposed detailed visual inspection, at                                                       effective date of this AD: Perform an eddy
                                             The Proposed Amendment                           current and an x-ray inspection prior to the
an average labor rate of $60 per work
hour. Based on these figures, the cost         Accordingly, pursuant to the                   accumulation of 22,000 total flight cycles, or
                                             authority delegated to me by the                 within 2,000 flight cycles after the effective
impact of the inspection proposed by
                                             Administrator, the Federal Aviation              date of this AD, whichever occurs later.
this AD on U.S. operators is estimated                                                           (2) For airplanes that have accumulated
to be $66,960, or $240 per airplane, per     Administration proposes to amend part
                                                                                              22,000 or more total flight cycles and less
inspection cycle.                            39 of the Federal Aviation Regulations           than 30,000 total flight cycles as of the
   It would take approximately 6 work        (14 CFR part 39) as follows:                     effective date of this AD: Accomplish the
hours per airplane to accomplish the                                                          requirements of paragraphs (a)(2)(i) and
                                             PART 39—AIRWORTHINESS                            (a)(2)(ii) of this AD.
proposed eddy current and x-ray
                                             DIRECTIVES                                          (i) Perform a detailed visual inspection
inspections, at an average labor rate of
$60 per work hour. Based on these                                                             within 800 flight cycles after the effective
                                               1. The authority citation for part 39
                                                                                              date of this AD; and
figures, the cost impact of the              continues to read as follows:                       (ii) Perform an eddy current and an x-ray
inspections proposed by this AD on U.S.        Authority: 49 U.S.C. 106(g), 40113, 44701.     inspection within 2,000 flight cycles after the
operators is estimated to be $100,440, or                                                     effective date of this AD.
$360 per airplane, per inspection cycle.     § 39.13   [Amended]                                 (3) For airplanes that have accumulated
   It would take approximately 42 work         2. Section 39.13 is amended by                 30,000 or more total flight cycles as of the
hours to accomplish the cold working of      adding the following new airworthiness           effective date of this AD: Accomplish the
the fastener holes, at an average labor      directive:                                       requirements of paragraphs (a)(3)(i) and
rate of $60 per work hour. Required                                                           (a)(3)(ii) of this AD.
                                               SAAB AIRCRAFT AB: Docket 98–NM–                   (i) Perform a detailed visual inspection
parts would cost approximately $400          220–AD.                                          within 400 flight cycles after the effective
per airplane. Based on these figures, the      Applicability: Model SAAB SF340A series        date of this AD; and
cost impact of the cold work proposed        airplanes, manufacturer’s serial numbers            (ii) Perform an eddy current and an x-ray
by this AD on U.S. operators is              –004 through –159 inclusive; and SAAB            inspection within 1,200 flight cycles after the
estimated to be $814,680, or $2,920 per      340B series airplanes, manufacturer’s serial     effective date of this AD.
airplane.                                    numbers –160 through –439 inclusive;
                                             certificated in any category.                    Initial and Repetitive Inspections
   The cost impact figures discussed
above are based on assumptions that no         Note 1: This AD applies to each airplane         (b) For Model SAAB 340B series airplanes
                                             identified in the preceding applicability        with manufacturer’s serial numbers –160
operator has yet accomplished any of         provision, regardless of whether it has been     through –439 inclusive: Perform the
the proposed requirements of this AD         modified, altered, or repaired in the area       inspections (detailed visual, eddy current,
action, and that no operator would           subject to the requirements of this AD. For      and x-ray) specified in paragraph 2.D. of the
accomplish those actions in the future if    airplanes that have been modified, altered, or   Accomplishment Instructions of Saab Service
this AD were not adopted.                    repaired so that the performance of the          Bulletin 340–55–033, Revision 04, dated
38152                 Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

December 1, 1998, to detect cracking around           (2) For all airplanes that have accumulated    directive (AD) that is applicable to all
certain fastener holes and adjacent areas of       26,000 or more total flight cycles and less       British Aerospace BAe Model ATP
the front spar of the horizontal stabilizer, in    than 30,000 total flight cycles as of the         airplanes. This proposal would require
accordance with the service bulletin, at the       effective date of this AD: Within 6,000 flight
time specified in paragraph (b)(1), (b)(2), or     cycles after the effective date of this AD.
                                                                                                     repetitive tests for the serviceability of
(b)(3) of this AD, as applicable. Thereafter,         (3) For all airplanes that have accumulated    the nose landing gear compensator; and
repeat only the eddy current and x-ray             30,000 or more total flight cycles as of the      corrective action, if necessary. This
inspections at intervals not to exceed 6,000       effective date of this AD: Within 3,000 flight    proposal is prompted by issuance of
flight cycles until the requirements of            cycles after the effective date of this AD.       mandatory continuing airworthiness
paragraph (d) of this AD are accomplished.            (e) If any crack is detected during the        information by a foreign civil
   (1) For airplanes that have accumulated         accomplishment of paragraph (d) of this AD,       airworthiness authority. The actions
less than 12,000 total flight cycles as of the     and if the service bulletin listed in paragraph
                                                                                                     specified by the proposed AD are
effective date of this AD: Perform an eddy         (d) of this AD specifies to contact the
current and an x-ray inspection prior to the       manufacturer for an appropriate corrective        intended to prevent a nose wheel
accumulation of 12,000 total flight cycles, or     action: Prior to further flight, repair in        shimmy, which could lead to the
within 2,000 flight cycles after the effective     accordance with a method approved by the          collapse of the nose landing gear during
date of this AD, whichever occurs later.           Manager, International Branch, ANM–116, or        landing.
   (2) For airplanes that have accumulated         the LFV (or its delegated agent).                 DATES: Comments must be received by
12,000 or more total flight cycles and less                                                          August 16, 1999.
than 16,000 total flight cycles as of the          Alternative Method of Compliance
effective date of this AD: Accomplish the            (f) An alternative method of compliance or      ADDRESSES: Submit comments in
requirements of paragraphs (b)(2)(i) and           adjustment of the compliance time that            triplicate to the Federal Aviation
(b)(2)(ii) of this AD.                             provides an acceptable level of safety may be     Administration (FAA), Transport
   (i) Perform a detailed visual inspection        used if approved by the Manager,                  Airplane Directorate, ANM–114,
within 800 flight cycles after the effective       International Branch, ANM–116. Operators          Attention: Rules Docket No. 98–NM–
date of this AD; and                               shall submit their requests through an
                                                                                                     344–AD, 1601 Lind Avenue, SW,
   (ii) Perform an eddy current and an x-ray       appropriate FAA Principal Maintenance
inspection within 2,000 flight cycles after the    Inspector, who may add comments and then          Renton, Washington 98055–4056.
effective date of this AD.                         send it to the Manager, International Branch,     Comments may be inspected at this
   (3) For airplanes that have accumulated         ANM–116.                                          location between 9 a.m. and 3 p.m.,
16,000 or more total flight cycles as of the         Note 3: Information concerning the              Monday through Friday, except Federal
effective date of this AD: Accomplish the          existence of approved alternative methods of      holidays.
requirements of paragraphs (b)(3)(i) and           compliance with this AD, if any, may be              The service information referenced in
(b)(3)(ii) of this AD.                             obtained from the International Branch,           the proposed rule may be obtained from
   (i) Perform a detailed visual inspection        ANM–116.                                          AI(R) American Support, Inc., 13850
within 400 flight cycles after the effective
date of this AD; and                               Special Flight Permits                            Mclearen Road, Herndon, Virginia
   (ii) Perform an eddy current and an x-ray          (g) Special flight permits may be issued in    20171. This information may be
inspection within 1,200 flight cycles after the    accordance with sections 21.197 and 21.199        examined at the FAA, Transport
effective date of this AD.                         of the Federal Aviation Regulations (14 CFR       Airplane Directorate, 1601 Lind
                                                   21.197 and 21.199) to operate the airplane to     Avenue, SW, Renton, Washington.
Corrective Actions                                 a location where the requirements of this AD      FOR FURTHER INFORMATION CONTACT:
  (c) If any cracking is detected during any       can be accomplished.
inspection required by paragraph (a) or (b) of
                                                                                                     Norman B. Martenson, Manager,
                                                      Note 4: The subject of this AD is addressed    International Branch, ANM–116, FAA,
this AD, prior to further flight, either repair    in Swedish airworthiness directives 1–
in accordance with a method approved by            110R2, dated December 7, 1998, and 1–133,
                                                                                                     Transport Airplane Directorate, 1601
the Manager, International Branch, ANM–            dated October 20, 1998.                           Lind Avenue, SW, Renton, Washington
116, FAA, Transport Airplane Directorate, or
                                                      Issued in Renton, Washington, on July 9,       98055–4056; telephone (425) 227–2110;
the Luftfartsverket (LFV) (or its delegated                                                          fax (425) 227–1149.
                                                   1999.
agent); or accomplish the requirements of                                                            SUPPLEMENTARY INFORMATION:
paragraph (d) of this AD.                          D.L. Riggin,
  Note 2: Inspections to detect cracking           Acting Manager, Transport Airplane                Comments Invited
around certain fastener holes and adjacent         Directorate, Aircraft Certification Service.
                                                                                                       Interested persons are invited to
areas of the front spar of the horizontal          [FR Doc. 99–18100 Filed 7–14–99; 8:45 am]
stabilizers that have been accomplished prior
                                                                                                     participate in the making of the
                                                   BILLING CODE 4910–13–U
to the effective date of this AD in accordance                                                       proposed rule by submitting such
with Saab Service Bulletin 340–55–033,                                                               written data, views, or arguments as
Revision 03, dated January 22, 1998, are           DEPARTMENT OF TRANSPORTATION                      they may desire. Communications shall
considered acceptable for compliance with                                                            identify the Rules Docket number and
the applicable action specified by this AD.        Federal Aviation Administration                   be submitted in triplicate to the address
Terminating Action                                                                                   specified above. All communications
                                                   14 CFR Part 39                                    received on or before the closing date
   (d) For all airplanes: Except as provided by
paragraph (e) of this AD, accomplish cold          [Docket No. 98–NM–344–AD]
                                                                                                     for comments, specified above, will be
working of certain fastener holes of the front                                                       considered before taking action on the
spar of the horizontal stabilizers, and follow-    RIN 2120–AA64                                     proposed rule. The proposals contained
on actions; and install new fasteners; in                                                            in this notice may be changed in light
accordance with Saab Service Bulletin 340–         Airworthiness Directives; British                 of the comments received.
55–034, dated October 16, 1998; at the time        Aerospace BAe Model ATP Airplanes                   Comments are specifically invited on
specified in paragraph (d)(1), (d)(2), or (d)(3)                                                     the overall regulatory, economic,
of this AD, as applicable. Accomplishment of
                                                   AGENCY: Federal Aviation
                                                   Administration, DOT.                              environmental, and energy aspects of
this action constitutes terminating action for
this AD.                                           ACTION: Notice of proposed rulemaking             the proposed rule. All comments
   (1) For all airplanes that have accumulated     (NPRM).                                           submitted will be available, both before
less than 26,000 total flight cycles as of the                                                       and after the closing date for comments,
effective date of this AD: Within 10,000 flight    SUMMARY:  This document proposes the              in the Rules Docket for examination by
cycles after the effective date of this AD.        adoption of a new airworthiness                   interested persons. A report
                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                                38153

summarizing each FAA-public contact         airworthiness agreement, the CAA has         A copy of it may be obtained by
concerned with the substance of this        kept the FAA informed of the situation       contacting the Rules Docket at the
proposal will be filed in the Rules         described above. The FAA has                 location provided under the caption
Docket.                                     examined the findings of the CAA,            ADDRESSES.
  Commenters wishing the FAA to             reviewed all available information, and
acknowledge receipt of their comments                                                    List of Subjects in 14 CFR Part 39
                                            determined that AD action is necessary
submitted in response to this notice        for products of this type design that are      Air transportation, Aircraft, Aviation
must submit a self-addressed, stamped       certificated for operation in the United     safety, Safety.
postcard on which the following             States.                                      The Proposed Amendment
statement is made: ‘‘Comments to
                                            Explanation of Requirements of                 Accordingly, pursuant to the
Docket Number 98–NM–344–AD.’’ The
                                            Proposed Rule                                authority delegated to me by the
postcard will be date stamped and
returned to the commenter.                    Since an unsafe condition has been         Administrator, the Federal Aviation
                                            identified that is likely to exist or        Administration proposes to amend part
Availability of NPRMs                       develop on other airplanes of the same       39 of the Federal Aviation Regulations
  Any person may obtain a copy of this      type design registered in the United         (14 CFR part 39) as follows:
NPRM by submitting a request to the         States, the proposed AD would require
FAA, Transport Airplane Directorate,        accomplishment of the actions specified      PART 39—AIRWORTHINESS
ANM–114, Attention: Rules Docket No.        in the service bulletin described            DIRECTIVES
98–NM–344–AD, 1601 Lind Avenue,             previously.                                    1. The authority citation for part 39
SW, Renton, Washington 98055–4056.                                                       continues to read as follows:
                                            Cost Impact
Discussion                                    The FAA estimates that 10 airplanes          Authority: 49 U.S.C. 106(g), 40113, 44701.
   The Civil Aviation Authority (CAA),      of U.S. registry would be affected by this   § 39.13   [Amended]
which is the airworthiness authority for    proposed AD, that it would take                2. Section 39.13 is amended by
the United Kingdom, notified the FAA        approximately 2 work hours per               adding the following new airworthiness
that an unsafe condition may exist on       airplane to accomplish the proposed          directive:
all British Aerospace BAe Model ATP         test, and that the average labor rate is
airplanes. The CAA advises that a nose      $60 per work hour. Required parts            BRITISH AEROSPACE REGIONAL
                                                                                              AIRCRAFT [Formerly Jetstream Aircraft
wheel shimmy resulted in the collapse       would cost approximately $50 per
                                                                                              Limited; British Aerospace (Commercial
of the nose landing gear during landing.    airplane. Based on these figures, the cost        Aircraft) Limited]: Docket 98–NM–344–
The steering compensator was found to       impact of the proposed AD on U.S.                 AD.
be unserviceable due to a high leakage      operators is estimated to be $1,700, or         Applicability: All BAe Model ATP
rate of hydraulic fluid through the unit.   $170 per airplane, per test.                 airplanes, certificated in any category.
The existing design of the nose landing       The cost impact figure discussed              Note 1: This AD applies to each airplane
gear steering system may not adequately     above is based on assumptions that no        identified in the preceding applicability
prevent such leakage. This condition, if    operator has yet accomplished any of         provision, regardless of whether it has been
not corrected, could lead to the collapse   the proposed requirements of this AD         modified, altered, or repaired in the area
of the nose landing gear.                   action, and that no operator would           subject to the requirements of this AD. For
                                            accomplish those actions in the future if    airplanes that have been modified, altered, or
Explanation of Relevant Service             this AD were not adopted.                    repaired so that the performance of the
Information                                                                              requirements of this AD is affected, the
                                            Regulatory Impact                            owner/operator must request approval for an
  British Aerospace has issued Alert
                                               The regulations proposed herein           alternative method of compliance in
Service Bulletin ATP–A32–94, dated                                                       accordance with paragraph (b) of this AD.
  October 3, 1998, which describes          would not have substantial direct effects    The request should include an assessment of
procedures for repetitive tests for the     on the States, on the relationship           the effect of the modification, alteration, or
serviceability of the nose landing gear     between the national government and          repair on the unsafe condition addressed by
compensator, and replacement of the         the States, or on the distribution of        this AD; and, if the unsafe condition has not
compensator with a new or serviceable       power and responsibilities among the         been eliminated, the request should include
part, if necessary. Accomplishment of       various levels of government. Therefore,     specific proposed actions to address it.
the actions specified in the service        in accordance with Executive Order              Compliance: Required as indicated, unless
bulletin is intended to adequately          12612, it is determined that this            accomplished previously.
address the identified unsafe condition.    proposal would not have sufficient              To prevent a nose wheel shimmy, which
The CAA classified this service bulletin    federalism implications to warrant the       could lead to the collapse of the nose landing
                                            preparation of a Federalism Assessment.      gear during landing, accomplish the
as mandatory and issued British                                                          following:
airworthiness directive 016–10–98, in          For the reasons discussed above, I
order to assure the continued               certify that this proposed regulation (1)    Serviceability Test
airworthiness of these airplanes in the     Is not a ‘‘significant regulatory action’’      (a) Within 250 flight cycles after the
United Kingdom.                             under Executive Order 12866; (2) is not      effective date of this AD, perform a test for
                                            a ‘‘significant rule’’ under the DOT         the serviceability of the nose landing gear
FAA’s Conclusions                           Regulatory Policies and Procedures (44       compensator in accordance with British
  This airplane model is manufactured       FR 11034, February 26, 1979); and (3) if     Aerospace Alert Service Bulletin ATP–A32–
in the United Kingdom and is type           promulgated, will not have a significant     94, dated October 3, 1998. Thereafter, repeat
certificated for operation in the United    economic impact, positive or negative,       the test at intervals not to exceed 4,000 flight
                                                                                         cycles. If the compensator does not pass the
States under the provisions of section      on a substantial number of small entities    serviceability test, within 50 flight cycles
21.29 of the Federal Aviation               under the criteria of the Regulatory         after the accomplishment of the test, replace
Regulations (14 CFR 21.29) and the          Flexibility Act. A copy of the draft         the compensator with a new or serviceable
applicable bilateral airworthiness          regulatory evaluation prepared for this      compensator in accordance with the service
agreement. Pursuant to this bilateral       action is contained in the Rules Docket.     bulletin.
38154                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

Alternative Methods of Compliance                the 15XE and 12XC connectors in the         Docket Number 99–NM–110–AD.’’ The
  (b) An alternative method of compliance or     101VU panel in the avionics                 postcard will be date stamped and
adjustment of the compliance time that           compartment, which could result in loss     returned to the commenter.
provides an acceptable level of safety may be    of electrical power from the standby
used if approved by the Manager,                                                             Availability of NPRMs
                                                 generator.
International Branch, ANM–116, FAA,                                                            Any person may obtain a copy of this
Transport Airplane Directorate. Operators        DATES: Comments must be received by
                                                 August 16, 1999.                            NPRM by submitting a request to the
shall submit their requests through an
                                                 ADDRESSES: Submit comments in
                                                                                             FAA, Transport Airplane Directorate,
appropriate FAA Principal Maintenance
Inspector, who may add comments and then         triplicate to the Federal Aviation          ANM–114, Attention: Rules Docket No.
send it to the Manager, International Branch,    Administration (FAA), Transport             99–NM–110–AD, 1601 Lind Avenue,
ANM–116.                                         Airplane Directorate, ANM–114,              SW., Renton, Washington 98055–4056.
  Note 2: Information concerning the             Attention: Rules Docket No. 99–NM–          Discussion
existence of approved alternative methods of     110–AD, 1601 Lind Avenue, SW.,
compliance with this AD, if any, may be                                                         The Direction Generale de L’Aviation
obtained from the International Branch,
                                                 Renton, Washington 98055–4056.              Civile (DGAC), which is the
ANM–116.                                         Comments may be inspected at this           airworthiness authority for France,
                                                 location between 9 a.m. and 3 p.m.,         notified the FAA that an unsafe
Special Flight Permits                           Monday through Friday, except Federal       condition may exist on certain Airbus
   (c) Special flight permits may be issued in   holidays.
accordance with sections 21.197 and 21.199
                                                                                             Model A310 and A300–600 series
                                                    The service information referenced in    airplanes. The DGAC advises that
of the Federal Aviation Regulations (14 CFR      the proposed rule may be obtained from
21.197 and 21.199) to operate the airplane to                                                operators have reported cases of broken
                                                 Airbus Industrie, 1 Rond Point Maurice      terminal lugs on the three-phase wiring
a location where the requirements of this AD
can be accomplished.
                                                 Bellonte, 31707 Blagnac Cedex, France.      to the 12XC and 15XE connectors
                                                 This information may be examined at         located on the essential part of the
   Note 3: The subject of this AD is addressed
in British airworthiness directive 016–10–98.
                                                 the FAA, Transport Airplane                 101VU panel in the avionics
                                                 Directorate, 1601 Lind Avenue, SW,          compartment on airplanes equipped
   Issued in Renton, Washington, on July 9,
1999.                                            Renton, Washington.                         with a standby generator. The DGAC
D.L. Riggin,                                     FOR FURTHER INFORMATION CONTACT:            also advises that the mounting lugs on
Acting Manager, Transport Airplane
                                                 Norman B. Martenson, Manager,               the 15XE connector were also found
Directorate, Aircraft Certification Service.     International Branch, ANM–116, FAA,         broken. Preliminary indications are that
[FR Doc. 99–18101 Filed 7–14–99; 8:45 am]
                                                 Transport Airplane Directorate, 1601        the mounting configuration of connector
                                                 Lind Avenue, SW, Renton, Washington         15XE is transmitting vibration to the
BILLING CODE 4910–13–U
                                                 98055–4056; telephone (425) 227–2110;       terminal lugs of both connectors and to
                                                 fax (425) 227–1149.                         the mounting lugs of 15XE. Such
DEPARTMENT OF TRANSPORTATION                     SUPPLEMENTARY INFORMATION:                  failures, if not detected and corrected,
                                                 Comments Invited                            could result in loss of electrical power
Federal Aviation Administration                                                              from the standby generator.
                                                   Interested persons are invited to
14 CFR Part 39                                   participate in the making of the            Explanation of Relevant Service
                                                 proposed rule by submitting such            Information
[Docket No. 99–NM–110–AD]
                                                 written data, views, or arguments as          Airbus has issued an All Operators
RIN 2120–AA64                                    they may desire. Communications shall       Telex (AOT) 24–09, Revision 01, dated
                                                 identify the Rules Docket number and        August 13, 1998, which describes
Airworthiness Directives; Airbus Model           be submitted in triplicate to the address   procedures for inspecting the terminal
A310 and A300–600 Series Airplanes               specified above. All communications         lugs on the 12XC and 15XE connectors
AGENCY: Federal Aviation                         received on or before the closing date      and the mounting lugs on the 15XE
Administration, DOT.                             for comments specified above, will be       connector for damage; and repair or
ACTION: Notice of proposed rulemaking            considered before taking action on the      replacement of the terminal lugs or the
(NPRM).                                          proposed rule. The proposals contained      15XE connector with new parts, if
                                                 in this notice may be changed in light      necessary.
SUMMARY: This document proposes the              of the comments received.                     The DGAC classified Airbus AOT 24–
adoption of a new airworthiness                    Comments are specifically invited on      09 as mandatory and issued French
directive (AD) that is applicable to             the overall regulatory, economic,           airworthiness directive 1999–077–
certain Airbus Model A310 and A300–              environmental, and energy aspects of        278(B), dated February 24, 1999, in
600 series airplanes. This proposal              the proposed rule. All comments             order to assure the continued
would require a detailed visual                  submitted will be available, both before    airworthiness of these airplanes in
inspection to detect damage to the               and after the closing date for comments,    France.
terminal lugs on the 12XC and 15XE               in the Rules Docket for examination by
connectors and the mounting lugs on              interested persons. A report                FAA’s Conclusions
the 15XE connector; and repair or                summarizing each FAA-public contact           These airplane models are
replacement of the terminal lugs or the          concerned with the substance of this        manufactured in France and are type
15XE connector with new parts, if                proposal will be filed in the Rules         certificated for operation in the United
necessary. This proposal is prompted by          Docket.                                     States under the provisions of section
the issuance of a mandatory continuing             Commenters wishing the FAA to             21.29 of the Federal Aviation
airworthiness information by a foreign           acknowledge receipt of their comments       Regulations (14 CFR 21.29) and the
civil airworthiness authority. The               submitted in response to this notice        applicable bilateral airworthiness
actions specified by the proposed AD             must submit a self-addressed, stamped       agreement. Pursuant to this bilateral
are intended to detect and correct               postcard on which the following             airworthiness agreement, the DGAC has
broken terminal and mounting lugs on             statement is made: ‘‘Comments to            kept the FAA informed of the situation
                     Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                                   38155

described above. The FAA has                  under the criteria of the Regulatory              occurs later, accomplish the actions required
examined the findings of the DGAC,            Flexibility Act. A copy of the draft              by paragraphs (a)(1) and (a)(2) of this AD in
reviewed all available information, and       regulatory evaluation prepared for this           accordance with Airbus All Operators Telex
determined that AD action is necessary        action is contained in the Rules Docket.          (AOT) 24–09, Revision 01, dated August 13,
for products of this type design that are     A copy of it may be obtained by                   1998.
certificated for operation in the United      contacting the Rules Docket at the                   (1) Perform a detailed visual inspection of
States.                                       location provided under the caption               the terminal lugs on the 12XC and 15XE
                                              ADDRESSES.                                        connectors to detect damage (i.e., overheat,
Explanation of Requirements of                                                                  cracking, twisting, or total rupture). If any
Proposed Rule                                 List of Subjects in 14 CFR Part 39                damage is detected, prior to further flight,
  Since an unsafe condition has been            Air transportation, Aircraft, Aviation          replace the terminal lugs with new terminal
identified that is likely to exist or         safety, Safety.                                   lugs, part number NSA936501TA1004.
develop on other airplanes of the same                                                             (2) Perform a detailed visual inspection of
type design registered in the United          The Proposed Amendment                            the mounting lugs on connector 15XE to
States, the proposed AD would require           Accordingly, pursuant to the                    detect damage (i.e., cracking or breaking). If
accomplishment of the actions specified       authority delegated to me by the                  any damage is detected, prior to further
in Airbus AOT 24–09, described                Administrator, the Federal Aviation               flight, accomplish the requirements of either
previously.                                   Administration proposes to amend part             paragraph (a)(2)(i) or (a)(2)(ii) of this AD.
                                              39 of the Federal Aviation Regulations               (i) Replace connector 15XE with a new
Interim Action                                                                                  connector, part number 25811BOHUNTKL
                                              (14 CFR part 39) as follows:
  This is considered to be an interim                                                           vendor code F0214 ECE. Or,
action until final action is identified, at   PART 39—AIRWORTHINESS                                (ii) Repair connector 15XE in
which time the FAA may consider               DIRECTIVES                                        accordance with Airbus AOT 24–09,
further rulemaking.                                                                             Section 4.2.2.3. Repeat the detailed
                                                1. The authority citation for part 39
Cost Impact                                   continues to read as follows:                     visual inspection required by paragraph
                                                                                                (a)(2) of this AD of the repaired
  The FAA estimates that                        Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                                                                connector thereafter at intervals not to
approximately 109 airplanes of U.S.                                                             exceed 1 week, and repeat the repair
registry would be affected by this            § 39.13   [Amended]
                                                2. Section 39.13 is amended by                  with new cable ties thereafter at
proposed AD, that it would take
                                              adding the following new airworthiness            intervals not to exceed 3 months, until
approximately 2 work hours per
                                              directive:                                        the replacement required by paragraph
airplane to accomplish the proposed
                                                                                                (a)(2)(i) of this AD is accomplished.
inspection, and that the average labor        AIRBUS INDUSTRIE: Docket 99–NM–110–
rate is $60 per work hour. Based on                AD.                                          Alternative Methods of Compliance
these figures, the cost impact of the            Applicability: Model A310 series airplanes       (b) An alternative method of compliance or
proposed AD on U.S. operators is              on which Airbus Modification 05911 has            adjustment of the compliance time that
estimated to be $13,080, or $120 per          been installed, and Model A300–600 series         provides an acceptable level of safety may be
airplane.                                     airplanes on which Airbus Modification
                                                                                                used if approved by the Manager,
  The cost impact figure discussed            06214 has been installed; equipped with a
                                                                                                International Branch, ANM–116, FAA,
above is based on assumptions that no         standby generator (FIN 25XE); certificated in
                                              any category.                                     Transport Airplane Directorate. Operators
operator has yet accomplished any of                                                            shall submit their requests through an
the proposed requirements of this AD             Note 1: This AD applies to each airplane
                                              identified in the preceding applicability         appropriate FAA Principal Maintenance
action, and that no operator would                                                              Inspector, who may add comments and then
                                              provision, regardless of whether it has been
accomplish those actions in the future if     otherwise modified, altered, or repaired in       send it to the Manager, International Branch,
this AD were not adopted.                     the area subject to the requirements of this      ANM–116.
Regulatory Impact                             AD. For airplanes that have been modified,          Note 2: Information concerning the
                                              altered, or repaired so that the performance      existence of approved alternative methods of
   The regulations proposed herein            of the requirements of this AD is affected, the   compliance with this AD, if any, may be
would not have substantial direct effects     owner/operator must request approval for an       obtained from the International Branch,
on the States, on the relationship            alternative method of compliance in
                                                                                                ANM–116.
between the national government and           accordance with paragraph (b) of this AD.
the States, or on the distribution of         The request should include an assessment of       Special Flight Permits
power and responsibilities among the          the effect of the modification, alteration, or
                                              repair on the unsafe condition addressed by          (c) Special flight permits may be issued in
various levels of government. Therefore,      this AD; and, if the unsafe condition has not     accordance with sections 21.197 and 21.199
in accordance with Executive Order            been eliminated, the request should include       of the Federal Aviation Regulations (14 CFR
12612, it is determined that this             specific proposed actions to address it.          21.197 and 21.199) to operate the airplane to
proposal would not have sufficient               Compliance: Required as indicated, unless      a location where the requirements of this AD
federalism implications to warrant the        accomplished previously.                          can be accomplished.
preparation of a Federalism Assessment.          To detect and correct broken terminal lugs        Note 3: The subject of this AD is addressed
   For the reasons discussed above, I         on the 12XC and 15XE connectors, and              in French airworthiness directive, 1999–077–
certify that this proposed regulation (1)     mounting lugs on the 15XE connector in the        278(B), dated February 24, 1999.
Is not a ‘‘significant regulatory action’’    101VU panel in the avionics compartment,
                                              which could result in loss of electrical power       Issued in Renton, Washington, on July 9,
under Executive Order 12866; (2) is not                                                         1999.
a ‘‘significant rule’’ under the DOT          from the standby generator, accomplish the
Regulatory Policies and Procedures (44        following:                                        D.L. Riggin,
FR 11034, February 26, 1979); and (3) if      Inspection and Corrective Actions                 Acting Manager, Transport Airplane
promulgated, will not have a significant                                                        Directorate, Aircraft Certification Service.
                                                 (a) Prior to the accumulation of 5,000 total
economic impact, positive or negative,        flight hours, or within 600 flight hours after    [FR Doc. 99–18102 Filed 7–14–99; 8:45 am]
on a substantial number of small entities     the effective date of this AD, whichever          BILLING CODE 4910–13–U
38156              Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

DEPARTMENT OF TRANSPORTATION               written data, views, or arguments as         Explanation of Relevant Service
                                           they may desire. Communications shall        Information
Federal Aviation Administration            identify the Rules Docket number and           British Aerospace has issued Alert
                                           be submitted in triplicate to the address    Service Bulletin ATP–A32–93, dated
14 CFR Part 39                             specified above. All communications          October 3, 1998, which describes
[Docket No. 98–NM–345–AD]                  received on or before the closing date       procedures for repetitive replacements
                                           for comments, specified above, will be       of the weight on wheels microswitch
RIN 2120–AA64
                                           considered before taking action on the       harness subassembly with a new
Airworthiness Directives; British          proposed rule. The proposals contained       microswitch harness subassembly. The
Aerospace BAe Model ATP Airplanes          in this notice may be changed in light       Civil Aviation Authority (CAA)
                                           of the comments received.                    classified this service bulletin as
AGENCY: Federal Aviation                     Comments are specifically invited on       mandatory and issued British
Administration, DOT.                       the overall regulatory, economic,            airworthiness directive 014–10–98, in
ACTION: Notice of proposed rulemaking      environmental, and energy aspects of         order to assure the continued
(NPRM).                                    the proposed rule. All comments              airworthiness of these airplanes in the
                                           submitted will be available, both before     United Kingdom.
SUMMARY: This document proposes the
adoption of a new airworthiness            and after the closing date for comments,     FAA’s Conclusions
directive (AD) that is applicable to       in the Rules Docket for examination by
                                           interested persons. A report                   This airplane model is manufactured
certain British Aerospace BAe Model                                                     in the United Kingdom and is type
ATP airplanes. This proposal would         summarizing each FAA-public contact
                                           concerned with the substance of this         certificated for operation in the United
require repetitive replacements of the                                                  States under the provisions of section
weight on wheels microswitch harness       proposal will be filed in the Rules
                                           Docket.                                      21.29 of the Federal Aviation
subassembly with a new microswitch                                                      Regulations (14 CFR 21.29) and the
harness subassembly. This proposal is        Commenters wishing the FAA to              applicable bilateral airworthiness
prompted by issuance of mandatory          acknowledge receipt of their comments        agreement. Pursuant to this bilateral
continuing airworthiness information by    submitted in response to this notice         airworthiness agreement, the CAA has
a foreign civil airworthiness authority.   must submit a self-addressed, stamped        kept the FAA informed of the situation
The actions specified by the proposed      postcard on which the following              described above. The FAA has
AD are intended to prevent a nose          statement is made: ‘‘Comments to             examined the findings of the CAA,
wheel shimmy, which could result in        Docket Number 98–NM–345–AD.’’ The            reviewed all available information, and
the collapse of the nose landing gear      postcard will be date stamped and            determined that AD action is necessary
during takeoff or landing and possible     returned to the commenter.                   for products of this type design that are
injury to the flightcrew and passengers.   Availability of NPRMs                        certificated for operation in the United
DATES: Comments must be received by                                                     States.
August 16, 1999.                             Any person may obtain a copy of this       Explanation of Requirements of
ADDRESSES: Submit comments in              NPRM by submitting a request to the          Proposed Rule
triplicate to the Federal Aviation         FAA, Transport Airplane Directorate,
                                           ANM–114, Attention: Rules Docket No.           Since an unsafe condition has been
Administration (FAA), Transport
                                           98–NM–345–AD, 1601 Lind Avenue,              identified that is likely to exist or
Airplane Directorate, ANM–114,
                                           SW., Renton, Washington 98055–4056.          develop on other airplanes of the same
Attention: Rules Docket No. 98–NM–
                                                                                        type design registered in the United
345–AD, 1601 Lind Avenue, SW.,             Discussion                                   States, the proposed AD would require
Renton, Washington 98055–4056.
                                                                                        repetitive replacements of the weight on
Comments may be inspected at this             The Civil Aviation Authority (CAA),       wheels microswitch harness
location between 9:00 a.m. and 3:00        which is the airworthiness authority for     subassembly with a new microswitch
p.m., Monday through Friday, except        the United Kingdom, notified the FAA         harness subassembly.
Federal holidays.                          that an unsafe condition may exist on
   The service information referenced in   certain British Aerospace BAe Model          Interim Action
the proposed rule may be obtained from     ATP airplanes. The CAA advises that            This is considered to be interim
AI(R) American Support, Inc., 13850        internal corrosion due to inadequate         action. The manufacturer has advised
Mclearen Road, Herndon, Virginia           sealing within the operating plunger of      that it currently is developing a
20171. This information may be             the nose landing gear weight on wheels       modification that will positively address
examined at the FAA, Transport             microswitch harness subassembly can          the unsafe condition addressed by this
Airplane Directorate, 1601 Lind            prevent the switch from operating when       AD. Once this modification is
Avenue, SW., Renton, Washington.           the wheels are lowered during landing.       developed, approved, and available, the
FOR FURTHER INFORMATION CONTACT:           The failure will cause loss of nose wheel    FAA may consider additional
Norman B. Martenson, Manager,              steering by preventing hydraulic             rulemaking.
International Branch, ANM–116, FAA,        pressure from being applied to the
Transport Airplane Directorate, 1601       steering actuator. If this occurs to an      Cost Impact
Lind Avenue, SW., Renton, Washington       aircraft on which the steering                 The FAA estimates that 10 airplanes
98055–4056; telephone (425) 227–2110;      compensator (located in the hydraulic        of U.S. registry would be affected by this
fax (425) 227–1149.                        return line) has an excessive leak rate,     proposed AD, that it would take
SUPPLEMENTARY INFORMATION:                 the shimmy damping of the nose leg is        approximately 3 work hours per
                                           greatly reduced. This condition, if not      airplane to accomplish the proposed
Comments Invited                           corrected, could result in the collapse of   replacement, and that the average labor
  Interested persons are invited to        the nose landing gear during takeoff or      rate is $60 per work hour. Required
participate in the making of the           landing and possible injury to the           parts would cost approximately $5,300
proposed rule by submitting such           flightcrew and passengers.                   per airplane. Based on these figures, the
                      Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                                  38157

cost impact of the proposed AD on U.S.          Aerospace (Commercial Aircraft) Limited]:          Issued in Renton, Washington, on July 9,
operators is estimated to be $54,800, or        Docket 98–NM–345–AD.                             1999.
$5,480 per airplane, per replacement               Applicability: BAe Model ATP airplanes,       D.L. Riggin,
cycle.                                          constructor’s numbers 2002 through 2063          Acting Manager, Transport Airplane
  The cost impact figure discussed              inclusive, certificated in any category.         Directorate, Aircraft Certification Service.
above is based on assumptions that no              Note 1: This AD applies to each airplane      [FR Doc. 99–18103 Filed 7–14–99; 8:45 am]
operator has yet accomplished any of            identified in the preceding applicability        BILLING CODE 4910–13–P
the proposed requirements of this AD            provision, regardless of whether it has been
action, and that no operator would              modified, altered, or repaired in the area
accomplish those actions in the future if       subject to the requirements of this AD. For      DEPARTMENT OF TRANSPORTATION
this AD were not adopted.                       airplanes that have been modified, altered, or
                                                repaired so that the performance of the          Federal Aviation Administration
Regulatory Impact
                                                requirements of this AD is affected, the
   The regulations proposed herein              owner/operator must request approval for an      14 CFR Part 39
would not have substantial direct effects       alternative method of compliance in              [Docket No. 99–NM–115–AD]
on the States, on the relationship              accordance with paragraph (b) of this AD.
between the national government and             The request should include an assessment of      RIN 2120–AA64
the States, or on the distribution of           the effect of the modification, alteration, or
                                                                                                 Airworthiness Directives; British
power and responsibilities among the            repair on the unsafe condition addressed by
                                                                                                 Aerospace (Jetstream) Model 4101
various levels of government. Therefore,        this AD; and, if the unsafe condition has not
                                                been eliminated, the request should include
                                                                                                 Airplanes
in accordance with Executive Order
12612, it is determined that this               specific proposed actions to address it.         AGENCY: Federal Aviation
proposal would not have sufficient                 Compliance: Required as indicated, unless     Administration, DOT.
federalism implications to warrant the          accomplished previously.                         ACTION: Notice of proposed rulemaking
preparation of a Federalism Assessment.            To prevent a nose wheel shimmy, which         (NPRM).
   For the reasons discussed above, I           could result in the collapse of the nose
certify that this proposed regulation (1)       landing gear during takeoff or landing and       SUMMARY:    This document proposes the
is not a ‘‘significant regulatory action’’      possible injury to the flightcrew and            adoption of a new airworthiness
under Executive Order 12866; (2) is not         passengers, accomplish the following:            directive (AD) that is applicable to all
a ‘‘significant rule’’ under the DOT            Replacement                                      British Aerospace (Jetstream) Model
Regulatory Policies and Procedures (44                                                           4101 airplanes. This proposal would
                                                   (a) Within 4 years after the initial          require a one-time visual inspection of
FR 11034, February 26, 1979); and (3) if
                                                installation of the weight on wheels
promulgated, will not have a significant                                                         the conduit pipe for distortion or
                                                microswitch harness subassembly or 3
economic impact, positive or negative,                                                           repairs, and replacement of the conduit
                                                months after the effective date of this AD,
on a substantial number of small entities                                                        pipe with a new pipe, if necessary. This
                                                whichever occurs later, replace the weight on
under the criteria of the Regulatory                                                             proposal would also require
                                                wheels microswitch harness subassembly
Flexibility Act. A copy of the draft            with a new microswitch harness subassembly
                                                                                                 replacement of the cable assemblies to
regulatory evaluation prepared for this         in accordance with British Aerospace Alert       the fuel standby pumps with new cable
action is contained in the Rules Docket.        Service Bulletin ATP–A32–93, dated October       assemblies that have improved
A copy of it may be obtained by                 3, 1998. Repeat the replacement thereafter at    sheathing protection. This proposal is
contacting the Rules Docket at the              intervals not to exceed 4 years.                 prompted by issuance of mandatory
location provided under the caption                                                              continuing airworthiness information by
ADDRESSES.                                      Alternative Methods of Compliance                a foreign civil airworthiness authority.
                                                  (b) An alternative method of compliance or     The actions specified by the proposed
List of Subjects in 14 CFR Part 39
                                                adjustment of the compliance time that           AD are intended to prevent electrical
  Air transportation, Aircraft, Aviation        provides an acceptable level of safety may be    arcing due to damaged fuel standby
safety, Safety.                                 used if approved by the Manager,                 pump cable assemblies and conduit
                                                International Branch, ANM–116, FAA,              pipes, which could create a possible
The Proposed Amendment
                                                Transport Airplane Directorate. Operators        ignition source, and consequent fire
  Accordingly, pursuant to the                  shall submit their requests through an           hazard.
authority delegated to me by the                appropriate FAA Principal Maintenance            DATES: Comments must be received by
Administrator, the Federal Aviation             Inspector, who may add comments and then         August 16, 1999.
Administration proposes to amend part           send it to the Manager, International Branch,
39 of the Federal Aviation Regulations          ANM–116.                                         ADDRESSES: Submit comments in
(14 CFR part 39) as follows:                                                                     triplicate to the Federal Aviation
                                                  Note 2: Information concerning the
                                                                                                 Administration (FAA), Transport
                                                existence of approved alternative methods of
PART 39—AIRWORTHINESS                           compliance with this AD, if any, may be
                                                                                                 Airplane Directorate, ANM–114,
DIRECTIVES                                      obtained from the International Branch,
                                                                                                 Attention: Rules Docket No. 99–NM–
                                                ANM–116.                                         115–AD, 1601 Lind Avenue, SW.,
  1. The authority citation for part 39                                                          Renton, Washington 98055–4056.
continues to read as follows:                   Special Flight Permits                           Comments may be inspected at this
  Authority: 49 U.S.C. 106(g), 40113, 44701.       (c) Special flight permits may be issued in   location between 9:00 a.m. and 3:00
                                                accordance with sections 21.197 and 21.199       p.m., Monday through Friday, except
§ 39.13   [Amended]                             of the Federal Aviation Regulations (14 CFR      Federal holidays.
  2. Section 39.13 is amended by                21.197 and 21.199) to operate the airplane to       The service information referenced in
adding the following new airworthiness          a location where the requirements of this AD     the proposed rule may be obtained from
directive:                                      can be accomplished.                             AI(R) American Support, Inc., 13850
  British Aerospace Regional Aircraft              Note 3: The subject of this AD is addressed   Mclearen Road, Herndon, Virginia
[Formerly Jetstream Aircraft Limited; British   in British airworthiness directive 014–10–98.    20171. This information may be
38158              Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

examined at the FAA, Transport               circumferential cuts to the cable            type design registered in the United
Airplane Directorate, 1601 Lind              insulation, which exposed the wires.         States, the proposed AD would require
Avenue, SW., Renton, Washington.             The cuts are thought to have been            accomplishment of the actions specified
FOR FURTHER INFORMATION CONTACT:             caused when the cable outer sheath and       in the service bulletin described
Norman B. Martenson, Manager,                braid were removed during cable              previously.
International Branch, ANM–116, FAA,          installation. The CAA also advises that,
                                             in the same area, but unrelated to the       Cost Impact
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington         insulation damage, the metal conduit            The FAA estimates that 59 airplanes
98055–4056; telephone (425) 227–2110;        pipe that carries the cable assembly into    of U.S. registry would be affected by this
fax (425) 227–1149.                          the dry bay of the wing had been found       proposed AD, that it would take
SUPPLEMENTARY INFORMATION:                   in a distorted condition. Distortion of      approximately 16 work hours per
                                             the metal conduit pipe is thought to         airplane to accomplish the proposed
Comments Invited                             have been caused by incorrect                actions, and that the average labor rate
  Interested persons are invited to          maintenance practices during standby         is $60 per work hour. Required parts
participate in the making of the             pump canister removal. These                 would be supplied by the manufacturer
proposed rule by submitting such             conditions, if not corrected, could result   at no cost to the operators. Based on
written data, views, or arguments as         in electrical arcing which could create      these figures, the cost impact of the
they may desire. Communications shall        a possible ignition source, and              proposed AD on U.S. operators is
identify the Rules Docket number and         consequent fire hazard.                      estimated to be $56,640, or $960 per
be submitted in triplicate to the address                                                 airplane.
                                             Explanation of Relevant Service
specified above. All communications                                                          The cost impact figure discussed
                                             Information
received on or before the closing date                                                    above is based on assumptions that no
for comments, specified above, will be          British Aerospace has issued              operator has yet accomplished any of
considered before taking action on the       Jetstream Service Bulletin J41–28–010,       the proposed requirements of this AD
proposed rule. The proposals contained       dated April 5, 1999, which describes         action, and that no operator would
in this notice may be changed in light       procedures for a one-time visual             accomplish those actions in the future if
of the comments received.                    inspection of the conduit pipe (left and     this AD were not adopted.
  Comments are specifically invited on       right) for distortion or repairs, and
                                             replacement of the conduit pipe with a       Regulatory Impact
the overall regulatory, economic,
environmental, and energy aspects of         new pipe, if necessary. It also describes       The regulations proposed herein
the proposed rule. All comments              procedures for replacement of the cable      would not have substantial direct effects
submitted will be available, both before     assemblies (left and right) to the fuel      on the States, on the relationship
and after the closing date for comments,     standby pumps with new cable                 between the national government and
in the Rules Docket for examination by       assemblies that have improved                the States, or on the distribution of
interested persons. A report                 sheathing protection. Accomplishment         power and responsibilities among the
summarizing each FAA-public contact          of the actions specified in the service      various levels of government. Therefore,
concerned with the substance of this         bulletin is intended to adequately           in accordance with Executive Order
proposal will be filed in the Rules          address the identified unsafe condition.     12612, it is determined that this
Docket.                                      The CAA classified this service bulletin     proposal would not have sufficient
  Commenters wishing the FAA to              as mandatory and issued British              federalism implications to warrant the
acknowledge receipt of their comments        airworthiness directive 005–04–99, in        preparation of a Federalism Assessment.
submitted in response to this notice         order to assure the continued                   For the reasons discussed above, I
must submit a self-addressed, stamped        airworthiness of these airplanes in the      certify that this proposed regulation (1)
postcard on which the following              United Kingdom.                              is not a ‘‘significant regulatory action’’
statement is made: ‘‘Comments to                                                          under Executive Order 12866; (2) is not
                                             FAA’s Conclusions                            a ‘‘significant rule’’ under the DOT
Docket Number 99–NM–115–AD.’’ The
postcard will be date stamped and              This airplane model is manufactured        Regulatory Policies and Procedures (44
returned to the commenter.                   in the United Kingdom and is type            FR 11034, February 26, 1979); and (3) if
                                             certificated for operation in the United     promulgated, will not have a significant
Availability of NPRMs                        States under the provisions of section       economic impact, positive or negative,
  Any person may obtain a copy of this       21.29 of the Federal Aviation                on a substantial number of small entities
NPRM by submitting a request to the          Regulations (14 CFR 21.29) and the           under the criteria of the Regulatory
FAA, Transport Airplane Directorate,         applicable bilateral airworthiness           Flexibility Act. A copy of the draft
ANM–114, Attention: Rules Docket No.         agreement. Pursuant to this bilateral        regulatory evaluation prepared for this
99–NM–115–AD, 1601 Lind Avenue,              airworthiness agreement, the CAA has         action is contained in the Rules Docket.
SW., Renton, Washington 98055–4056.          kept the FAA informed of the situation       A copy of it may be obtained by
                                             described above. The FAA has                 contacting the Rules Docket at the
Discussion
                                             examined the findings of the CAA,            location provided under the caption
  The Civil Aviation Authority (CAA),        reviewed all available information, and      ADDRESSES.
which is the airworthiness authority for     determined that AD action is necessary
the United Kingdom, recently notified        for products of this type design that are    List of Subjects in 14 CFR Part 39
the FAA that an unsafe condition may         certificated for operation in the United       Air transportation, Aircraft, Aviation
exist on all British Aerospace (Jetstream)   States.                                      safety, Safety.
Model 4100 series airplanes. The CAA
advises that, on some aircraft, an           Explanation of Requirements of               The Proposed Amendment
operator has found damage to the             Proposed Rule                                  Accordingly, pursuant to the
insulation of the wires in the cable           Since an unsafe condition has been         authority delegated to me by the
assemblies to the fuel standby pumps.        identified that is likely to exist or        Administrator, the Federal Aviation
This damage was caused by                    develop on other airplanes of the same       Administration proposes to amend part
                       Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                                            38159

39 of the Federal Aviation Regulations              send it to the Manager, International Branch,    Secretariat; transmitted by facsimile at
(14 CFR part 39) as follows:                        ANM–116.                                         (202) 418–5521; or transmitted
                                                      Note 2: Information concerning the             electronically at [secretary@cftc.gov].
PART 39—AIRWORTHINESS                               existence of approved alternative methods of     FOR FURTHER INFORMATION CONTACT:
DIRECTIVES                                          compliance with this AD, if any, may be          Richard H. Shilts, Director, Market
                                                    obtained from the International Branch,
  1. The authority citation for part 39             ANM–116.
                                                                                                     Analysis Section or Kimberly A.
continues to read as follows:                                                                        Browning, Attorney/Advisor, Division
                                                    Special Flight Permits                           of Economic Analysis, Commodity
  Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                       (c) Special flight permits may be issued in   Futures Trading Commission, Three
§ 39.13   [Amended]                                 accordance with sections 21.197 and 21.199       Lafayette Centre, 1155 21st Street, NW,
                                                    of the Federal Aviation Regulations (14 CFR      Washington, DC 20581. Telephone (202)
  2. Section 39.13 is amended by                    21.197 and 21.199) to operate the airplane to
adding the following new airworthiness                                                               418–5260. E-mail:[RShilts@cftc.gov] or
                                                    a location where the requirements of this AD     [KBrowning@cftc.gov].
directive:                                          can be accomplished.
                                                                                                     SUPPLEMENTARY INFORMATION:
British Aerospace Regional Aircraft                    Note 3: The subject of this AD is addressed
     [Formerly Jetstream Aircraft Limited;          in British airworthiness directive 005–04–99.    I. Background
     British Aerospace (Commercial Aircraft)           Issued in Renton, Washington, on July 9,         Over the years the Commission has
     Limited]: Docket 99–NM–115–AD.                 1999.                                            updated and streamlined its procedures
   Applicability: All Jetstream Model 4101          D.L. Riggin,                                     for reviewing proposed exchange rules.
airplanes, certificated in any category.
                                                    Acting Manager, Transport Airplane               Section 5a(a)(12) of the Commodity
   Note 1: This AD applies to each airplane         Directorate, Aircraft Certification Service.     Exchange Act (Act), 7 U.S.C. 7a(a)(12),
identified in the preceding applicability
                                                    [FR Doc. 99–18104 Filed 7–14–99; 8:45 am]        provides that all rules of a contract
provision, regardless of whether it has been
modified, altered, or repaired in the area          BILLING CODE 4910–13–P                           market 1 which relate to a futures
subject to the requirements of this AD. For                                                          contract’s terms and conditions must be
airplanes that have been modified, altered, or                                                       submitted to the Commission for prior
repaired so that the performance of the             COMMODITY FUTURES TRADING                        approval.2 This requirement is premised
requirements of this AD is affected, the            COMMISSION                                       on considerable regulatory experience
owner/operator must request approval for an                                                          indicating that Commission review and
alternative method of compliance in                 17 CFR Part 1                                    approval of proposed exchange rules
accordance with paragraph (b) of this AD.                                                            before their implementation, among
The request should include an assessment of         Contract Market Rule Review                      other things, is the preferred way to
the effect of the modification, alteration, or      Procedures
repair on the unsafe condition addressed by
                                                                                                     minimize the possibility of market
this AD; and, if the unsafe condition has not       AGENCY:  Commodity Futures Trading               manipulation or distortions due to
been eliminated, the request should include         Commission.                                      improperly designed contract terms.
specific proposed actions to address it.                                                             Moreover, the proposed amendment of
                                                    ACTION: Proposed rulemaking.
   Compliance: Required as indicated, unless                                                         an existing futures contract potentially
accomplished previously.                            SUMMARY:   The Commodity Futures                 may affect adversely traders, producers
   To prevent electrical arcing due to              Trading Commission (Commission) is               or commercials. Commission pre-
damaged fuel standby pump cable assemblies          proposing automatically to approve               approval review of such changes
and conduit pipes, which could create a             certain exchange rule amendments upon            enables those persons or entities to have
possible ignition source, and consequent fire                                                        their views considered.
                                                    adoption and to require their
hazard, accomplish the following:                                                                       The Commission, while preserving
                                                    subsequent submission to the
Corrective Actions                                  Commission in a single summary filing,           the important public protections of prior
   (a) Within 6 months after the effective date     rather than individually as currently            review, has aggressively sought to
of this AD, accomplish the following actions        mandated. In addition, the Commission            reduce unnecessary cost and regulatory
required by paragraphs (a)(1) and (a)(2) of         is proposing to reorganize in a clearer          burdens associated with this
this AD in accordance with Jetstream Service        and more accessible format its rules on          requirement. For example, the
Bulletin J41–28–010, dated April 5, 1999.           expedited approval procedures of                 Commission has long established an
   (1) Perform a one-time visual inspection of
                                                    proposed exchange rule amendments.               expedited review and automatic
the conduit pipe (left and right), which                                                             approval of proposed exchange rule
carries the fuel standby pump cable assembly        The proposed comprehensive
                                                    reorganization of these rules is intended        amendments falling within a number of
into the dry bay of the wing, for distortion                                                         categories. In addition, since 1997, the
(i.e., damage) or repairs. If any distortion or     to further the Commission’s overall
                                                    regulatory reform program by reducing            Commission has carried out a far-
repair is found, prior to further flight, replace
the conduit pipe with a new pipe, part              unnecessary regulatory burdens and                 1 Commission Rule 1.41(a)(1) defines ‘‘rule’’ of a
number 14128032–403 (left) or part number           costs on United States exchanges                 contract market as follows: Any constitutional
14128032–405 (right).                               associated with the Commission’s                 provision, article of incorporation, bylaw, rule
   (2) Replace fuel standby pump cable              review and approval of proposed                  regulation, resolution, interpretation, stated policy,
assemblies (left and right) with new cable                                                           or instrument corresponding thereto, in whatever
                                                    exchange rules and rule amendments
assemblies, part number F5–71–1.                                                                     form adopted, and any amendment or addition
                                                    while maintaining the basic public               thereto or repeal thereof, made or issued by a
Alternative Methods of Compliance                   protections of the Commodity Exchange            contract market, or by the governing board thereof
  (b) An alternative method of compliance or        Act.                                             or any committee thereof.
                                                                                                       2 Section 5a(a)(12) further requires that contract
adjustment of the compliance time that              DATES: Comments must be received
provides an acceptable level of safety may be                                                        markets submit all other rules to the Commission
                                                    August 16, 1999.                                 except those relating to setting of margins or that
used if approved by the Manager,
                                                    ADDRESSES: Comments should be                    the Commission may specify by rule. Such other
International Branch, ANM–116, FAA,                                                                  rules may be made effective ten days after
Transport Airplane Directorate. Operators           mailed to the Commodity Futures
                                                                                                     Commission receipt unless, within the ten-day
shall submit their requests through an              Trading Commission, Three Lafayette              period, the exchange requests Commission approval
appropriate FAA Principal Maintenance               Centre, 1155 21st Street, NW,                    of the Commission notifies the exchange that it
Inspector, who may add comments and then            Washington, DC 20581. Office of the              intends to review the rules for approval.
38160                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

reaching program of regulatory reform.                 II. The Proposed Amendments                            contracts which meet the standards of
As part of that on-going program, the                                                                         Guideline No. 1, amendments to the
                                                       A. Rule 1.41(b)
Commission established fast track                                                                             terms and conditions of options on
procedures 3 for Commission review and                    Based upon its experience in                        futures contracts,7 and proposed
approval of applications for new                       administering the current review                       revisions to the relating to the minimum
contracts and for proposed exchange                    procedures, the Commission is                          price fluctuation and daily price limits.
rules and rule amendments not eligible                 proposing to expand the categories of                     These review categories reflect the
                                                       rules eligible for automatic approval in               Commission’s experience in the time
for expedited review. These initiatives
                                                       proposed new Rule 1.41(b)(5). Exchange                 necessary to review proposed
have modernized and streamlined the
                                                       rule amendments eligible for approval                  amendments to particular types of
Commission’s review processes,
                                                       upon their adoption include routine                    contract terms and conditions. The
reducing unnecessary burdens and their
                                                       changes to an index, other than a stock                contract amendments eligible for these
associated costs to United States                      index, used as the settlement of a
exchanges.                                                                                                    procedures are routine in nature and
                                                       futures contract compiled by a third                   have clearly defined, often objective,
   Together, the expedited review,                     party, typographical, renumbering and                  standards regarding their permissibility
automatic approval and fast track                      other types of non-material changes,                   under the Act and Commission
procedures have been uniquely effective                trading hours and trading months, and                  regulations and it can be determined on
in reducing the time for Commission                    discretionary option strike prices. The                its face whether the particular rule
review and approval of proposed                        routine changes to an index eligible for               amendment complies with the
exchange rules and rule amendments. In                 this treatment are those types of changes              applicable standard. Moreover, such
fiscal year 1998, the Commission                       that are frequent and anticipated to be                rule amendments generally do not raise
processed 290 changes to contract terms                needed in order to maintain the                        any issues relating to the contract’s
and conditions, of which 152 were                      continuity and integrity of a pricing                  susceptibility to manipulation or
processed under expedited procedures.                  algorithm or formula which has been                    whether its trading would be in the
Of the 152, 47 were treated as approved                defined in the contract’s terms. It does               public interest.
upon exchange adoption and 105 were                    not include non-routine or                                In addition to the proposed new
approved on an expedited basis within                  unanticipated changes to the basic                     categories and expanded eligibility for
10 days after receipt. Of the remaining                construction of an index as defined in                 such procedures, the Commission is
138 that the Commission approved                       the contract, for example, by changing                 proposing to reorganize its rules on
under non-expedited procedures, seven                  the geographic pricing point of an                     expedited approval procedures into a
were approved under the fast track                     agricultural index. The listing of trading             more accessible and clearer format.8 As
procedure. Of the 131 that were                        months are not eligible for this                       proposed, Rule 1.41(b) would be
approved under regular review                          treatment if the trading month cycle has               reorganized into paragraphs reflecting
                                                       been interrupted by the delisting of a                 the time permitted the Commission for
procedures, 36 were approved in 10
                                                       contract, unless the listing of relisting is           review, 180 day review period, 45 day
days of fewer, 101 were approved in 30
                                                       in conjunction with, or subsequent to,                 fast track review, 10 or 3 day expedited
days or fewer and all but nine were
                                                       the approval of the Commission of                      review (currently Rules 1.41(i)–(t)) and
approved within 60 days.4
                                                       substantive changes to the contract’s                  rules approved on adoption.
   In keeping with this record, the                    terms or conditions.                                      To further its goal of streamlining the
Commission continues to innovate in                       The Commission also is proposing to                 filing process, the Commission is also
finding additional ways further to                     reduce the associated filing                           encouraging exchanges to file their
reduce unnecessary burden on United                    requirements for automatically                         submissions electronically. Electronic
States exchange, and is proposing                      approved exchange rule amendments.                     filing of submissions will reduce
herein to expand the types of exchange                 Specifically, the Commission would                     unnecessary burdens and costs
rules and rule amendments that it                      replace the current requirement that the               associated with the submission process
approves automatically upon exchange                   exchange file a separate notice of each                to both the exchanges and the
adoption, to streamline dramatically the               such amendment, with a single,                         Commission.
required filing notice of those rule                   summary filing of all automatically
amendments with the Commission, to                     approved rule amendments adopted by                    between cash and futures markets. For this rule,
add a new three-day expedited review                   an exchange during the preceding                       they are defined as the Australian dollar; British
                                                       week.5 This proposal should                            pound; Euro (and its component currencies);
procedure and to expand the types of                                                                          Japanese yen; Canadian dollar; Swiss franc; New
proposed contract terms and conditions                 significantly streamline the filing                    Zealand dollar; Swedish krona; and Norwegian
which are eligible for such expedited                  process for exchanges.                                 krone.
rule approval.                                            The Commission also is proposing to                    7 Under the proposal, changes to the cabinet trade

                                                       add a new, faster category of expedited                provisions of an option contract, which currently
                                                       review. This category would be for                     are eligible for expedited approval under
   3 See, Commission Rules 5.1 and 1.41(b). 62 FR
                                                                                                              Commission regulation 1.41(q), would now qualify
10434 (March 7, 1997).                                 exchange rules that would be deemed to                 for expedited approval under the three day
   4 In addition, the Commission adopted fast track    be approved three days after receipt of                provision as provided in proposed Rule 1.41(b)(4).
review procedures for new contract designation         the Commission, and includes                           In this regard, a cabinet trade is defined as an
applications. Since June 1997, the Commission has      amendments to the terms and                            option transaction whereby the per contract value
approved a total of 70 contracts under fast track                                                             of the cabinet trade is less than the per-contract
procedures, 36 under the 10-day procedure and 34       conditions of major currency 6 futures                 value of a trade at the specified minimum premium
under its 45-day procedure. Forty-two additional                                                              fluctuation for the option contract. Cabinet trades,
contracts were approved under non-fast-track              5 Under this proposed requirement, an exchange,     thus, are incorporated in Chart C of Guideline No.
review procedures.                                     if it so desired, could continue to file a separate    1 as part of an option contract’s minimum premium
   Most recently, the Commission revised the rules     notice of an automatically approved rule               fluctuation rules.
governing the designation application itself,          amendment as is currently required.                       8 As discussed above, these procedures and

replacing over five pages of rules with three, user-      6 Major currencies have nearly inexhaustible        standards currently are provided in a number of
friendly application forms that make extensive use     deliverable supplies, exhibit extremely deep and       different Commission rules, including Rule 1.41(b)
of checklists and charts. (See, 64 FR 29217 June 1,    liquid markets, are not subject to convertibility or   (which includes the fast-track procedures), and
1999).                                                 delivery restrictions and are easily arbitraged        Rules 1.41(i) through (t) (expedited procedures).
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                                  38161

B. Commission Rule 1.41(d)                               States exchanges, while maintaining the     functions of the agency, including the
   Commission Rule 1.41(d) sets forth                    public protections of an effective system   validity of the methodology and
the submission requirements for                          of Commission review of exchange rule       assumptions used; (2) evaluate the
contract market rules that are exempt                    amendments.                                 accuracy of the agency’s estimate of the
from the requirements of section                            The Commission believes that the         burden of the proposed collection of
5a(a)(12)(A) of the Act. These rules                     proposed revisions streamlining current     information including the validity of the
involve non-substantive, routine and                     review procedures offer the best balance    methodology and assumptions used; (3)
administrative matters such as exchange                  between protection of the public and        enhance the quality, utility, and clarity
standards of decorum and typographical                   reducing regulatory and cost burdens on     of the information to be collected; and
error corrections. The Commission is                     United States exchanges, thereby            (4) minimize the burden of the
proposing that rather than filing Rule                   enabling them to compete better. In         collection of the information on those
1.41(d) submissions on an individual                     addition to relieving U.S. exchanges of     who are to respond, including through
basis, the exchanges be allowed to make                  any unnecessary burdens, the proposed       the use of appropriate automated,
these filings on a weekly basis and in                   rules will enable the Commission to         electronic, mechanical, or other
electronic form if so desired.9 The                      devote its staff resources to the review    technological collection techniques or
Commission believes that, to the extent                  of rules which raise more substantive       other forms of information technology,
that an exchange might otherwise make                    issues. The Commission invites              e.g. permitting electronic submissions of
multiple Rule 1.41(d) filings in a                       comment from the public regarding           responses.
particular week, this proposal will                      additional categories of contract terms       The Commission has previously
significantly streamline the filing                      and conditions that can be included         submitted these rules and their
process, thus making compliance easier                   within the relief proposed, or other        associated information collection
to achieve.                                              additional steps that the Commission        requirements to the Office of
                                                         can take under its regulatory reform        Management and Budget (OMB). The
C. Commission Rule 1.45                                  program.                                    Office of Management and Budget
   The Commission is proposing to                                                                    approved the collection of information
                                                         Related Matters
remove Commission Rule 1.45. This                                                                    associated with these rules on October
Rule requires that the terms and                         A. Regulatory Flexibility Act               24, 1998 and assigned OMB control
conditions of all exchange traded                           The Regulatory Flexibility Act, (RFA),   number 3038–0022 to the rules. The
futures contracts specify that the grades                5 U.S.C. 601 et seq., requires that         burden associated with the entire
of the underlying commodities conform                    agencies, in promulgating rules,            collection (3038–0022), including these
to U.S. standards, if the Commission has                 consider the impact of these rules on       proposed rules is as follows:
adopted such standards. The                              small entities. The Commission has
Commission as a matter of practice,                                                                    Average burden hours per response:
                                                         previously determined that contract         3,609.89.
does not officially promulgate specific                  markets are not ‘‘small entities’’ for
standards for commodity futures                                                                        Number of respondents: 15,893.
                                                         purposes of the RFA, 5 U.S.C., 601 et
contracts. Instead, the Commission has                   seq. 47 FR 18618 (April 30, 1982). These      Frequency of response: On Occasion.
adopted the requirement that contract                    amendments propose to establish               Persons wishing to comment on the
terms and conditions must be in                          streamlined procedures for Commission       information which would be required
conformance with customary cash                          review and approval of proposed             by the proposed rules should contact
market practices; provided that                          exchange amendments to its rules.           the Desk Officer, CFTC, Office of
variances from cash market practices are                 Accordingly, the Acting Chairman, on        Management and Budget, Room 10202,
permitted if necessary or appropriate for                behalf of the Commission, hereby            NEOB, Washington, DC 20503, (202)
the contract. These requirements are                     certifies, pursuant to 5 U.S.C. 605(b),     395–7340. Copies of the information
currently set forth under the procedures                 that the action taken herein will not       collection submission to OMB are
of Guideline No. 1. Guideline No. 1, in                  have a significant economic impact on       available from the CFTC Clearance
effect, requires that contract terms and                 a substantial number of small entities.     Officer, 1155 21st Street, NW,
conditions submitted for approval must                   However, the Commission invites             Washington, DC 20581, (202) 418–5160.
be based on U.S. standards if those                      comments from any firms or other
standards represent cash market                                                                        Copies of the OMB-approved
                                                         persons that believe that the               information collection package
standards. The Commission approves                       promulgation of these rules might have
rules requiring delivery of commodities                                                              associated with this rulemaking may be
                                                         a significant impact upon their             obtained from the Desk Officer,
using applicable U.S. standards based                    activities.
upon its assessment of the cash market.                                                              Commodity Futures Trading
Given these procedures under Guideline                   B. Paperwork Reduction Act                  Commission, Office of Management and
No. 1, the Commission believes that                                                                  Budget, Room 10202, NEOB
                                                            When publishing proposed rules, the      Washington, DC 20503, (202) 395–7340.
requirements Rule 1.45 imposes are                       Paperwork Reduction Act (PRA) of 1995
redundant and, therefore, Rule 1.45                      {Pub. L. 104–13 (May 1, 1995)} imposes      List of Subjects in 17 CFR Part 1
should be removed.                                       certain requirements on federal agencies
   These proposals should significantly                                                               Commodity exchanges, Contract
                                                         (including the Commission) in
reduce the regulatory burden for United                                                              market rules, Rule review procedures.
                                                         connection with their conducting or
   9 Section 5a(a)(1) of the Act requires that a
                                                         sponsoring any collection of                  In consideration of the foregoing, and
contract market ‘‘promptly furnish the Commission
                                                         information defines by the PRA. In          pursuant to the authority contained in
with copies of all bylaws, rules, regulations, and       compliance with the Act, the                the Commodity Exchange Act and, in
resolutions made or issued by it.’’ (emphasis            Commission, through this rule proposal,     particular, sections 4c, 5, 5a and 8a
added). While in these proposed rules a contract         solicits comments to:                       thereof, 7 U.S.C. 6c, 7, 7a, and 12a, the
market must furnish rules within seven days, this
is not to suggest that the term ‘‘prompt,’’ which may
                                                            (1) Evaluate whether the proposed        Commission hereby proposes to amend
appear in other sections of the Act or rules, is seven   collection of information is necessary      Part 1 of Chapter I of Ttitle 17 of the
days.                                                    for the proper performance of the           Code of Federal Regulations as follows:
38162                  Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

PART 1—GENERAL REGULATIONS                        dormant contracts, the requirements of             (A) Specifically approved standards.
UNDER THE COMMODITY EXCHANGE                      § 5.2 of this chapter;                          Changes to terms and conditions that
ACT                                                  (C) The contract market does not             are consistent with the Act and
                                                  amend the proposed rule or supplement           Commission regulations and with
  1. The authority citation for part 1            the submission, except as requested by          standards approved or established by
continues to read as follows:                     the Commission, during the pendency             the Commission in a written notification
  Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a,    of the review period; and                       to the contract market of the
6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m,      (D) The contract market has not              applicability of this paragraph;
6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a,   instructed the Commission in writing            provided, however, that the
13a–1, 16, 16a, 19, 21, 23, and 24.               during the review period to review the          Commission may at any time alter or
  2. Section 1.41 is proposed to be               proposed rule under the usual                   revoke the applicability of such a notice
amended by revising paragraphs (b)(1)(i)          procedures under section 5a(a)(12)(A) of        to any particular contract;
introductory text, (b)(1)(i)(A), and (b)(2),      the Act and paragraph (b)(1) of this               (B) Financial standards for delivery
by removing paragraphs (b)(3) and                 section.                                        facilities. Changes in the financial
(b)(4), by adding new paragraphs (b)(3),             (ii) The Commission, within 45 days          standards or requirements for regular
(b)(4) and (b)(5), by revising paragraph          after receipt of a submission filed             delivery facilities or comparable
(d)(2) and by removing paragraphs (i)             pursuant to paragraph (b)(2)(i) of this         entities; provided that:
through (t) to read as follows:                   section, may notify the contract market            (1) The amended rule does not affect
                                                  making the submission that the review           the regularity or delivery status of any
§ 1.41 Contract market rules; submission          period has been extended for a period           existing facility declared regular by the
of rules to the Commission; exemption of
                                                  of 30 days where the proposed rules             contract market for the relevant
certain rules.                                                                                    commodity(ies) or likely candidates for
                                                  raises novel or complex issues which
*     *      *     *    *                         required additional time for review.            regularity status,
  (b) Rules that relate to contract terms         This notification will briefly specify the         (2) The requirement is stated in the
and conditions.—(1) Pre-approval                  nature of the specific issues for which         rules and applies uniformly to all
review procedures. (i) Except as                  additional time for review is required.         applications for regularity, and
provided in paragraphs (b)(5) and (f) of                                                             (3) The requirement is related solely
                                                  Upon such notification, the period for
this section, all proposed contract                                                               for the purpose of ensuring the financial
                                                  fast-track review of paragraph (b)(2)(i) of
market rules that relate to terms and                                                             integrity of the regular facility(ies); and
                                                  this section shall be extended for a               (C) Delivery standards set by third
conditions must be submitted to the               period of 30 days.
Commission for approval pursuant to                                                               parties. Changes to grades or standards
                                                     (iii) During the 45-day period for fast      of commodities deliverable on futures
section 5a(a)(12)(A) of the Act prior to          track review, or the 30-day extension
their proposed effective dates. One copy                                                          contracts which are established by an
                                                  when the period had been enlarged               independent third party and which are
of each rule submitted under this                 under paragraph (b)(2)(ii) of this section,
section shall be furnished in hard copy                                                           incorporated by reference as terms of
                                                  the Commission shall notify the contract        the contract; provided that the grade or
or electronically in a format specified by        market that the Commission is
the Secretary of the Commission to the                                                            standard is not established, selected or
                                                  terminating fast-track review procedures        calculated solely for use in connection
Commission at its Washington, DC                  and will review the proposed rule under
headquarters. If a hard copy is furnished                                                         with futures or option trading.
                                                  the usual procedures of section                    (ii) The contract market must label
for submissions under appendix A to               5a(a)(12)(A) of the Act and paragraph
part 5 of this chapter, two additional                                                            filings under this paragraph as
                                                  (b)(1) of this section if it appears that the   submitted for ‘‘10 Day Expedited
hard copies shall be furnished to the             proposed rule may violate a specific
Commodity Futures Trading                                                                         Review.’’
                                                  provision of the Act, regulation, or form          (iii) The Commission will, within 10
Commission, Three Lafayette Centre,               or content requirement of this section.         business days after receipt of the
1155 21st Street NW., Washington, DC              This termination notification will              submission, notify the contract market
20581. Each submission under this                 briefly specify the nature of the issues        making the submission if it appears that
paragraph (b) shall be in the following           raised and the specific provision of the        the change is not consistent with the
order:                                            Act, regulation or form or content              provisions of this paragraph. Upon such
  (A) Label the submission as being               requirement of this section that the            notification by the Commission to the
submitted pursuant to Regulation                  proposed rule appears to violate. Within        contract market, the change will be
1.41(b)—regular review procedures.                10 days of receipt of this termination          subject to the usual procedures under
*     *      *     *    *                         notification, the contract market may           section 5a(a)(12)(A) of the Act and
  (2) Fast track 45 day review. (i) All           request that the Commission render a            paragraph (b)(1) of this section.
proposed contract market rules that               decision whether to approve the                    (4) Expedited three day review, (i)
relate to terms and conditions submitted          proposed rule or to institute a                 Notwithstanding the provisions of
for review under paragraph (b)(1) of this         proceeding to disapprove the proposed           paragraph (b)(1) of this section, the
section shall be deemed approved by               rule under the procedures specified in          following changes to contract terms and
the Commission under section                      section 5a(a)(12)(A) of the Act by              conditions shall be deemed approved by
5a(a)(12)(A) of the Act, 45 days after            notifying the Commission that the               the Commission three business days
receipt by the Commission, unless                 contract market views its submission as         after receipt:
notified otherwise within that period, if:        complete and final as submitted.                   (A) Specifically approved standards.
  (A) The contract market labels the                 (3) Expedited 10 day review. (i)             Changes to terms and conditions that
submission as being submitted pursuant            Notwithstanding the provisions of               are consistent with the Act and
to Commission Rule 1.41(b)—Fast Track             paragraph (b)(1) of this section, the           Commission regulations and with
Review;                                           following changes to contract terms and         standards approved or established by
  (B) The submission complies with the            conditions shall be deemed approved by          the Commission in a written notification
requirements of paragraph (b)(1)(i)(A)            the Commission ten business days after          to the contract market of the
through (E), of this section or for               receipt:                                        applicability of this paragraph;
                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                           38163

provided, however, that the                  the Commission at the time the change        a contract term or condition approved or
Commission may at any time alter or          is adopted by the contract market:           deemed to be approved by the
revoke the applicability of such a notice       (A) Specifically approved standards.      Commission under this section and
to any particular contract;                  Changes to terms and conditions that         proposals to delist trading months
   (B) Options on futures contracts. (1)     are consistent with the Act and              having no open interest;
Changes to terms and conditions for          Commission regulations and with                 (G) Discretionary option strike prices.
options on futures contracts that are        standards approved or established by         The non-routine listing of option strike
consistent with the Act, Commission          the Commission in a written notification     prices not required to be listed under
regulations and the standards set forth      to the contract market of the                the automatic listing procedures; and
in Part 5, Appendix A(c)(3) of this          applicability of this paragraph;
                                                                                             (H) Listings on supplemental trading
chapter;                                     provided, however, that the
                                                                                          sessions. Changes to the months or
   (2) Changes to exchange rules             Commission may at any time alter or
                                                                                          strike prices listed for trading during
governing option trading months,             revoke the applicability of such a notice
                                                                                          supplemental trading sessions outside
including a procedure for listing options    to any particular contract;
                                                (B) Index contracts. Routine changes      normal trading hours where such
with different expiration dates based on                                                  listings represent all or a subset of the
the same underlying futures contract         in the composition, computation, or
                                             method of selection of component             months or strikes listed during regular
month (option serial months), that are                                                    trading hours.
specified and automatic; and                 entities of an index other than a stock
                                             index referenced and defined in the             (ii) The contract market must provide
   (3) Changes to option automatic                                                        to the Commission at least weekly a
exercise procedures that are specified       contract’s terms, made by an
                                             independent third party whose business       summary notice of all rule changes
and objective, apply only to in-the-                                                      made pursuant to this paragraph during
money options and provide an                 relates to the collection or
                                             dissemination of price information and       the preceding week. Such notice must
opportunity for option holders to                                                         be labeled ‘‘Weekly List of Pre-
                                             which was not formed solely for the
override the automatic exercise                                                           Approved Rule Changes’’ and need not
                                             purpose of compiling an index for use
provision.                                                                                be filed for weeks during which no such
                                             in connection with a futures of option
   (C) Currency futures contracts.                                                        actions have been taken. One copy of
                                             contract;
Changes to terms and conditions that            (C) Survey lists for cash settled         each such submission shall be furnished
are consistent with the Act, Commission      contracts. Proposals relating to the         in hard copy or electronically in a
regulations and the standards set forth      initial listing or changes to the lists of   format specified by the Secretary of the
in Part 5, Appendix A(a)(3)(1)–(15) of       banks, brokers, dealers or other entities    Commission to the Commodity Futures
this chapter for futures and options on      which provide price or cash market           Trading Commission, Three Lafayette
physicals contracts based on the             information to a contract market for         Centre, 1155 21st Street NW.,
following currencies (including              purposes of computing cash settlement        Washington, DC 20581.
currency cross rates); Australian dollar,    prices or a cash price series or for
British pound; Euro (and its component                                                       (iii) The Commission will, within
                                             defining the deliverable supply for          three business days after receipt of the
currencies); Japanese yen; Canadian          physical delivery contracts, if consistent
dollar; Swiss franc; New Zealand dollar;                                                  submission, notify the contract market
                                             with a rule approved by the                  making the submission if it appears that
Swedish krona; and Norwegian krone.          Commission establishing standards or
   (D) Minimum price fluctuation limits.                                                  change is not consistent with the
                                             criteria for the persons or entities which   provisions of this paragraph. Upon such
Changes to the minimum tick provisions       qualify for the list;
for futures contracts that do not increase                                                notification by the Commission to the
                                                (D) Non-material revisions.               contract market, the change will be
tick size; and                               Corrections of typographical errors,         subject to the usual procedures under
   (E) Price limit provisions for futures    renumbering, periodic routine updates        section 5a(a)(12)(A) of the Act and
contracts. Changes to price limit rules      to identifying information about             paragraph (b)(1) of this section.
for futures contracts, except for equity     approved entities and other such
index contracts, provided that the                                                        *       *    *     *     *
                                             nonsubstantive revisions of contract
change does not reduce the existing          terms and conditions that have no effect        (d) * * *
price limit.                                 on the economic characteristics of the          (2) Rules that are exempt from the
   (ii) The contract market must label       contract;                                    requirements of section 5a(a)(12)(A) of
filings under this paragraph as                 (E) Trading hours. Changes to trading     the Act in accordance with the
submitted for ‘‘Three Day Expedited          hours; provided that for changes that        provisions of this paragraph (d) shall
Review.’’                                    permit trading between 6:00 p.m. and         nonetheless be submitted to the
   (iii) The Commission will, within         7:00 am local time where the contract        Commission pursuant to the provisions
three business days after receipt of the     market is located, the contract market       of section 5a(a)(1) of the Act. Each such
submission, notify the contract market       has previously received Commission           submissions shall be labeled as being
making the submission if it appears that     approval for trading in such hours in at     submitted pursuant to section 5a(a)(1) of
the change is not consistent with the        least one designated contact, and that       the Act and paragraph (d) of this
provisions of this paragraph. Upon such      the change does not provide for the          section. The contract market may
notification by the Commission to the        initial listing of a contract on an          instead provide to the Commission, at
contract market, the change will be          automated trading system;                    least weekly, a summary notice of all
subject to the usual procedures under           (F) Trading months. Proposals to list     rule changes made pursuant to this
section 5a(a)(12)(A) of the Act and          initially or to change the listing of        paragraph during the preceding week.
paragraph (b)(1) of this section.            trading months for futures and options       One copy of each such submissions
   (5) Pre-approved rules. (i)               on physicals contracts which are not         shall be furnished in hard copy or
Notwithstanding the provisions of            outside of a previously approved listing     electronically in a format specified by
paragraph (b)(1) of this section, the        cycle and were not previously delisted,      the Secretary of the Commission to the
following changes to contract terms and      unless the delisted month is being           Commodity Futures Trading
conditions shall be deemed approved by       relisted subsequent to the amendment of      Commission, Three Lafayette Centre,
38164                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

1155 21st Street NW., Washington, DC          States Ex. Rel. Touhy v. Ragen, 340 U.S.     § 516.1 What is the purpose of this part
20581.                                        462 (1951).                                  and to whom does it apply?
*     *    *     *     *                                                                      (a) The purpose of this part is to
                                              Regulatory Flexibility Act                   promulgate regulations regarding the
  3. Section 1.45 is removed and
reserved.                                       This proposed rule will not have a         release of official National Indian
                                              significant economic impact on a             Gaming Commission information and
  Issued in Washington, DC, this 7th day of
                                              substantial number of small entities         provision of testimony by National
July, 1999 by the Commodity Futures
Trading Commission.                           under the Regulatory Flexibility Act, 5      Indian Gaming Commission personnel
                                              U.S.C. 601 et seq. Because this rule is      with respect to litigation or potential
Jean Webb,
                                              procedural in nature, and affects            litigation and to prescribe conduct on
Secretary of the Commission.
                                              principally the actions of personnel of      the part of National Indian Gaming
[FR Doc. 99–17812 Filed 7–14–99; 8:45 am]                                                  Commission personnel in response to a
                                              the National Indian Gaming
BILLING CODE 6351–01–M
                                              Commission, it will not impose               litigation-related request or demand.
                                              substantive requirements that could be          (b) This part applies to litigation-
                                              deemed impacts within the scope of the       related requests or demands (including
NATIONAL INDIAN GAMING                        Act.                                         subpoena, order or other demand) for
COMMISSION                                                                                 interview, testimony (including by
                                              Paperwork Reduction Act                      deposition) or other statement, or for
25 CFR Part 516                                                                            production of documents relating to the
                                                 Although the proposed regulation
RIN 3141–AA20                                 mandates that litigants seeking the          business of the National Indian Gaming
                                              testimony of National Indian Gaming          Commission, whether or not the
Administrative Practice and                   Commission personnel submit a written        National Indian Gaming Commission or
Procedure; Testimony; Information;            request, the requirement is simply a         the United States is a party to the
Response to Subpoena                          formal embodiment of existing practice       litigation. It does not, however, apply to
                                              and in some cases a substitute for a         document requests covered by 25 CFR
AGENCY:  National Indian Gaming                                                            parts 515 and 517.
Commission.                                   subpoena or other process. In any event
                                              it is at most a de minimus requirement.         (c) To the extent the request or
ACTION: Proposed rule.                                                                     demand seeks official information or
                                              National Environmental Policy Act            documents, the provisions of this part
SUMMARY:   The National Indian Gaming                                                      are applicable to Commissioners,
Commission proposes to issue                     The National Indian Gaming
                                                                                           employees, and former Commissioners
regulations describing the duties of its      Commission has determined that this
                                                                                           and former employees, of the National
personnel with respect to litigation          proposed rule does not constitute a
                                                                                           Indian Gaming Commission.
involving the National Indian Gaming          major Federal action significantly
Commission or the official                    affecting the quality of the human           § 516.2 When may a person to whom this
responsibilities of National Indian           environment and that no detailed             part applies give testimony, make a
Gaming Commission employees.                  statement is required pursuant to the        statement or submit to interview?
DATES: Comments may be submitted on           National Environmental Policy Act of            (a) No person to whom this part
or before August 16, 1999.                    1969.                                        applies, except as authorized by the
                                              List of Subjects in 25 CFR Part 516          Chairman or the General Counsel
ADDRESSES: Comments may be mailed
                                                                                           pursuant to this part, shall provide
to: Testimony Regulation Comments,
                                                Administrative practice and                testimony, make a statement or submit
National Indian Gaming Commission,
                                              procedure, Gambling, Indians—lands,          to interview.
1441 L Street, NW., Suite 9100,
                                              Reporting and recordkeeping                     (b) Whenever a subpoena
Washington, DC 20005, delivered to that
                                              requirements.                                commanding the giving of any
address between 8:30 a.m. and 5:30
                                                For the reasons stated in the              testimony has been lawfully served
p.m., Monday through Friday, or faxed
                                              preamble, the National Indian Gaming         upon a person to whom this part
to 202/632–7066 (this is not a toll-free
                                              Commission proposes to amend 25 CFR          applies, such individual shall, unless
number). Comments received may be
                                              Chapter III by adding a new Part 516 as      otherwise authorized by the Chairman
inspected between 9:00 a.m. and noon,
                                              follows:                                     or the General Counsel, appear in
and between 2:00 p.m. and 5:00 p.m.,
                                                                                           response thereto and respectfully
Monday through Friday.
                                              PART 516—TESTIMONY OF                        decline to testify on the grounds that it
FOR FURTHER INFORMATION CONTACT:                                                           is prohibited by this part.
                                              COMMISSIONERS AND EMPLOYEES
Richard Schiff at 202/632–7003; fax                                                           (c) A person who desires testimony or
                                              AND FORMER COMMISSIONERS AND
202/632–7066 (these are not toll-free                                                      other statement from any person to
                                              FORMER EMPLOYEES RESPECTING
numbers).                                                                                  whom this part applies may make
                                              OFFICIAL DUTIES; RESPONSE TO
SUPPLEMENTARY INFORMATION: Because            SUBPOENA                                     written request therefor, verified by
the National Indian Gaming                                                                 oath, directed to the Chairman setting
Commission is regularly associated with       Sec.                                         forth his or her interest in the matter to
a variety of matters which have the           516.1 What is the purpose of this part and   be disclosed and designating the use to
potential for resulting in litigation, the         to whom does it apply?                  which such statement or testimony will
National Indian Gaming Commission             516.2 When may a person to whom this         be put in the event of compliance with
                                                   part applies give testimony, make a
has a requirement for regulations                  statement or submit to interview?
                                                                                           such request: Provided, that a written
describing the duties of its personnel        516.3 When may a person to whom this         request therefor by an official of any
with respect to such litigation. This              part applies produce records?           federal, state or tribal entity, acting in
proposed rule promulgates for the             516.4 How are records certified or           his or her official capacity need not be
National Indian Gaming Commission                  authenticated?                          verified by oath. If it is determined by
the regulations contemplated by the             Authority: 25 U.S.C. 2706; 25 U.S.C.       the Chairman or the General Counsel
United States Supreme Court in United         2716(a); 18 U.S.C. 1905.                     that such statement or testimony will be
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                     38165

in the public interest, the request may       DEPARTMENT OF THE INTERIOR                  295, Indianapolis, Indiana 46204,
be granted. Where a request for a                                                         Telephone: (317) 232-1291.
statement or testimony is granted, one        Office of Surface Mining Reclamation           Indiana Department of Natural
or more persons to whom this part             and Enforcement                             Resources, Division of Reclamation, R.R.
applies may be authorized or designated                                                   2, Box 129, Jasonville, Indiana 47438–
                                              30 CFR Part 914
to appear and testify or give a statement                                                 9517, Telephone: (812) 665–2207.
with respect thereto.                         [SPATS No. IN–140–FOR; State Program
                                              Amendment No. 98–4]                         FOR FURTHER INFORMATION CONTACT:
§ 516.3 When may a person to whom this                                                    Andrew R. Gilmore, Director,
part applies produce records?                 Indiana Regulatory Program                  Indianapolis Field Office. Telephone:
                                                                                          (317) 226–6700. Internet:
  (a) Any request for records of the          AGENCY:  Office of Surface Mining
                                                                                          INFOMAIL@indgw.osmre.gov.
National Indian Gaming Commission             Reclamation and Enforcement, Interior.
shall be handled pursuant to the              ACTION: Proposed rule; public comment       SUPPLEMENTARY INFORMATION:
procedures established in 25 CFR parts        period and opportunity for public           I. Background on the Indiana Program
515 and 517 and shall comply with the         hearing.
rules governing public disclosure as                                                         On July 29, 1982, the Secretary of the
                                              SUMMARY:    The Office of Surface Mining
provided in 25 CFR parts 515 and 517.                                                     Interior conditionally approved the
                                              Reclamation and Enforcement (OSM) is
  (b) Whenever a subpoena duces tecum                                                     Indiana program. You can find
                                              announcing receipt of a proposed
commanding the production of any                                                          background information on the Indiana
                                              amendment to the Indiana regulatory
record, has been lawfully served upon a                                                   program, including the Secretary’s
                                              program (Indiana program) under the
person to whom this part applies, such                                                    findings, the disposition of comments,
                                              Surface Mining Control and
                                                                                          and the conditions of approval in the
person shall forward the subpoena to          Reclamation Act of 1977 (SMCRA).
                                                                                          July 26, 1982, Federal Register (47 FR
the General Counsel. If commanded to          Indiana proposes additions of rules
                                                                                          32107). You can find later actions on the
appear in response to any such                concerning blaster certification. Indiana
                                                                                          Indiana program at 30 CFR 914.10,
subpoena, a person to whom this part          intends to revise its program to improve
                                                                                          914.15, and 914.16.
applies shall respectfully decline to         operational efficiency.
produce the record on the ground that            This document gives the times and        II. Description of the Proposed
production is prohibited by this part         locations that the Indiana program and      Amendment
and state that the production of the          amendment to that program are
                                              available for your inspection, the            By letter dated July 1, 1999
record(s) of the National Indian Gaming
                                              comment period during which you may         (Administrative Record No. IND–1659),
Commission is a matter to be
                                              submit written comments on the              Indiana sent us an amendment to its
determined by the General Counsel.                                                        program under SMCRA. Indiana sent
                                              amendment, and the procedures that
§ 516.4 How are records certified or          will be followed for the public hearing,    the amendment at its own initiative.
authenticated?                                if one is requested.                        Indiana proposes to amend the Indiana
                                              DATES: We will accept written               Administrative Code. Below is a
  (a) Upon request, the person having                                                     summary of the changes proposed by
custody and responsibility for                comments until 4:00 p.m., e.s.t., August
                                              16, 1999. If requested, we will hold a      Indiana. The full text of the proposed
maintenance of records which are to be                                                    program amendment is available for
                                              public hearing on the amendment on
released under this part or 25 CFR parts                                                  your inspection at the locations listed
                                              August 9, 1999. We will accept requests
515 or 517 may certify the authenticity       to speak at the hearing until 4:00 p.m.,    above under ADDRESSES.
of copies of records that are requested       e.s.t. on July 30, 1999.
to be provided in such format.                                                            A. 310 IAC 12–8–4.1, Application for
                                              ADDRESSES: You should mail or hand          Certification
  (b) A request for certified copies of       deliver written comments and requests
records or for authentication of copies of    to speak at the hearing to Andrew R.          Indiana proposes to add this section
records shall be sent to the National         Gilmore, Director, Indianapolis Field       to require persons wishing to become
Indian Gaming Commission, Attention:          Office, at the address listed below.        certified blasters to submit an
Freedom of Information Act Officer.              You may review copies of the Indiana     application for certification to the
                                              program, the amendment, a listing of        department. The application must be in
  This proposed rule was prepared under the
                                              any scheduled public hearings, and all      writing, on forms supplied by the
direction of Barry W. Brandon, General
                                              written comments received in response       department, and completed in
Counsel, National Indian Gaming
                                              to this document at the addresses listed    accordance with the application
Commission, 1441 L St. NW., Suite 9100,
                                              below during normal business hours,         instructions. If an application form is
Washington, DC 20005.
                                              Monday through Friday, excluding            incomplete, the department will notify
  Signed at Washington, DC, this 1st day of                                               the applicant of the deficiencies. The
                                              holidays. You may receive one free copy
July, 1999.                                                                               applicant will then have thirty days to
                                              of the amendment by contacting OSM’s
Montie R. Deer,                               Indianapolis Field Office.                  provide the required information. If the
Chairman, National Indian Gaming                 Andrew R. Gilmore, Director,             applicant does not provide the required
Commission.                                   Indianapolis Field Office, Office of        information, the department will
[FR Doc. 99–17903 Filed 7–14–99; 8:45 am]     Surface Mining Reclamation and              terminate the application. The director
BILLING CODE 7565–01–P                        Enforcement, Minton-Capehart Federal        or an authorized representative may
                                              Building, 575 North Pennsylvania            verify the information shown on the
                                              Street, Room 301, Indianapolis, IN          application. Finally, if the department
                                              46204, Telephone: (317) 226–6700.           terminates the application, the applicant
                                                 Indiana Department of Natural            will not be considered for certification.
                                              Resources, Bureau of Mine Reclamation,      However, the applicant may submit a
                                              402 West Washington Street, Room W–         new application at any time.
38166               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

B. 30 IAC 12–8–8.1, Renewal                   responses and appropriate questions.        within the meaning of section 102(2)(C)
   Indiana proposes to add this section       The public hearing will continue on the     of the National Environmental Policy
to require a certified blaster to renew his   specified date until all persons            Act (42 U.S.C. 4332(2)(C)).
or her certification every three years.       scheduled to speak have been heard. If
                                                                                          Paperwork Reduction Act
The request for renewal must be               you are in the audience and have not
submitted to the department in writing,       been scheduled to speak and wish to do        This rule does not contain
on forms supplied by the department,          so, you will be allowed to speak after      information collection requirements that
within thirty days prior to expiration of     those who have been scheduled. We           require approval by OMB under the
the certificate. The department will          will end the hearing after all persons      Paperwork Reduction Act (44 U.S.C.
approve the renewal request if the            scheduled to speak and persons present      3507 et seq.).
certified blaster has worked at least         in the audience who wish to speak have
                                                                                          Regulatory Flexibility Act
twelve months of the preceding thirty-        been heard.
six as a certified blaster and is not in                                                     The Department of the Interior has
                                              Public Meeting                              determined that this rule will not have
violation of 310 IAC 12–8–9. If the
                                                If only one person requests an            a significant economic impact on a
certified blaster does not renew his or
                                              opportunity to speak at a hearing, a        substantial number of small entities
her certification within one year after
                                              public meeting, rather than a public        under the Regulatory Flexibility Act (5
expiration, the certificate will no longer
                                              hearing, may be held. If you wish to        U.S.C. 601 et seq.). The State submittal
be renewable. A blaster must then
                                              meet with us to discuss the amendment,      which is the subject of this rule is based
submit a new application for
                                              request a meeting by contacting the         upon corresponding Federal regulations
certification. The department will send
                                              person listed under FOR FURTHER             for which an economic analysis was
a renewal notice to each registrant at
                                              INFORMATION CONTACT. All such meetings      prepared and certification made that
least two months before expiration of
                                              are open to the public and, if possible,    such regulations would not have a
certification. Finally, the renewal notice
                                              we will post notices of meetings at the     significant economic effect upon a
and all other communications will be
                                              locations listed under ADDRESSES. We        substantial number of small entities.
sent to the last address the registrant
                                              also make a written summary of each         Therefore, this rule will ensure that
gave to the department. Failure to
                                              meeting a part of the Administrative        existing requirements previously
receive a renewal notice does not relieve
                                              Record.                                     published by OSM will be implemented
the certified blaster of the obligation to
renew his or her certification.               IV. Procedural Determinations               by the State. In making the
                                                                                          determination as to whether this rule
III. Public Comment Procedures                Executive Order 12866                       would have a significant economic
   Under the provisions of 30 CFR               The Office of Management and Budget       impact, the Department relied upon the
732.17(h), we are requesting comments         (OMB) exempts this rule from review         data and assumptions for the
on whether the amendment satisfies the        under Executive Order 12866                 corresponding Federal regulations.
applicable program approval criteria of       (Regulatory Planning and Review).
                                                                                          Unfunded Mandates
30 CFR 732.15. If we approve the
                                              Executive Order 12988                         OSM has determined and certifies
amendment, it will become part of the
Indiana program.                                 The Department of the Interior has       under the Unfunded Mandates Reform
                                              conducted the reviews required by           Act (2 U.S.C. 1502 et seq.) that this rule
Written Comments                              section 3 of Executive Order 12988          will not impose a cost of $100 million
  Your written comments should be             (Civil Justice Reform) and has              or more in any given year on local, state,
specific and pertain only to the issues       determined that, to the extent allowed      or tribal governments or private entities.
proposed in this rulemaking. You              by law, this rule meets the applicable
should explain the reason for any             standards of subsections (a) and (b) of     List of Subjects in 30 CFR Part 914
recommended change. In the final              that section. However, these standards       Intergovernmental relations, Surface
rulemaking, we will not necessarily           are not applicable to the actual language   mining, Underground mining.
consider or include in the                    of State regulatory programs and              Dated: July 7, 1999.
Administrative Record any comments            program amendments since each
                                                                                          Charles E. Sandberg,
received after the time indicated under       program is drafted and promulgated by
DATES or at locations other than the          a specific State, not by OSM. Under         Acting Regional Director, Mid-Continent
                                                                                          Regional Coordinating Center.
Indianapolis Field Office.                    sections 503 and 505 of SMCRA (30
                                              U.S.C. 1253 and 1255) and 30 CFR            [FR Doc. 99–17981 Filed 7–14–99; 8:45 am]
Public Hearing                                                                            BILLING CODE 4310–05–P
                                              730.11, 732.15, and 732.17(h)(10),
   If you wish to speak at the public         decisions on State regulatory programs
hearing, contact the person listed under      and program amendments must be
FOR FURTHER INFORMATION CONTACT by            based solely on a determination of          DEPARTMENT OF TRANSPORTATION
4:00 p.m., e.s.t. on July 30, 1999. We        whether the submittal is consistent with
will arrange the location and time of the     SMCRA and its implementing Federal          Coast Guard
hearing with those persons requesting         regulations and whether the other
the hearing. If you are disabled and          requirements of 30 CFR Parts 730, 731,      33 CFR Part 110
need special accommodations to attend         and 732 have been met.                      [CGD11–99–008]
a public hearing, contact the individual
listed under FOR FURTHER INFORMATION          National Environmental Policy Act           RIN 2115–AA98
CONTACT. The hearing will not be held           This rule does not require an
if no one requests an opportunity to          environmental impact statement since        Anchorage Regulation; Los Angeles-
speak at the public hearing.                  section 702(d) of SMCRA (30 U.S.C.          Long Beach Harbors, CA
   You should file a written statement at     1292(d)) provides that agency decisions     AGENCY:   Coast Guard, DOT.
the time you request the hearing. This        on State regulatory program provisions
                                                                                          ACTION:   Notice of proposed rule making.
will allow us to prepare adequate             do not constitute major Federal actions
                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                           38167

SUMMARY: The Coast Guard proposes to         Background and Purpose                        anchorages within the Port of Los
revise the anchorage ground regulations        The Coast Guard proposes to revise          Angeles boundaries. Proposed
for Los Angeles and Long Beach               the anchorage ground regulations, 33          anchorage area ‘‘B’’ will be located
Harbors. The proposed regulations have       CFR 110.214, for Los Angeles and Long         entirely within the southwestern
been reorganized to improve readability      Beach Harbors. The proposed                   portion of the Port of Long Beach,
and to update references to other            regulations are designed to simplify the      replacing existing anchorage ‘‘C’’ and
sections of the Code of Federal              current regulations, reconfigure the          naval anchorage ‘‘J’’. Naval anchorage
Regulations. Additionally, construction                                                    ‘‘J’’ will be eliminated. Anchorage ‘‘C’’
                                             anchorages with respect to changed
activity in the port complex has resulted                                                  will move from its present location to a
                                             geographic conditions and the current
in the creation of landfills in some areas                                                 new location in the northeast portion of
                                             chart datum, and incorporate
currently designated as anchorages. This                                                   the Port of Long Beach.
                                             appropriate safety standards where               Existing commercial anchorage ‘‘D’’
proposal eliminates or reconfigures          necessary to ensure safe navigation.
these anchorages to conform with                                                           and naval anchorage ‘‘K’’ will be
changes in the geography of the harbors.     Discussion of Proposed Regulations            consolidated into a new commercial
Finally, the Coast Guard proposes                                                          anchorage ‘‘D’’.
                                                The current regulation, may be                Although naval anchorages ‘‘J’’ and
additional notification and operating        confusing because they mix information        ‘‘K’’ will be eliminated (becoming part
requirements on some vessels which are       of an advisory nature with mandatory          of the reconfigured ‘‘B’’ and ‘‘D’’
necessary to ensure the safety of the port   regulatory requirements and it is             commercial anchorages, respectively),
complex.                                     difficult to determine which activities       the Department of Defense will retain
DATES: Comments must be received on          can be performed in various anchorages.       priority for using the eastern portion of
                                             Currently, many requirements are listed       proposed anchorage ‘‘D’’.
or before September 13, 1999.
                                             in paragraph (a), which describes the            The boundary of anchorage ‘‘E’’ is
ADDRESSES:   Comments should be              physical layout of the anchorages,            being adjusted as a result of a
mailed to Commanding Officer, USCG           instead of paragraph (b), which contains      breakwater constructed in the Port of
Marine Safety Office, Los Angeles-Long       the general regulations. The proposed         Long Beach adjacent to Pier J. This
Beach, 165 N. Pico Ave., Long Beach,         regulations are rewritten so that             breakwater reduced the area suitable for
CA 90802. The comments and other             paragraph (a) discusses general               anchoring as it extends into existing
materials referenced in this notice will     requirements relating to all anchorages       anchorage ‘‘E’’ and if left unchanged
be available for inspection and copying      in this section, including those activities   would make it difficult for vessels to
at the Marine Safety Office. Normal          which require Captain of the Port             enter or depart the Pier J facility when
office hours are between 7:30 a.m. and       (COTP) permits under the various              vessels were anchored there.
4 p.m., Monday through Friday, except        regulations enforced by the COTP.             Accordingly, proposed anchorage ‘‘E’’ is
holidays. Comments may also be hand          Proposed paragraph (b) describes only         being modified to allow vessels an
delivered to this address.                   the physical location of each anchorage;      unobstructed passage when entering or
                                             the designation of ‘‘non-anchorage’’          departing the terminal at Pier J.
FOR FURTHER INFORMATION CONTACT:
                                             areas has been eliminated because the         Anchorage Area ‘‘E’’ is also being
Lieutenant Rob Coller, Chief, Waterways      general requirement that vessels may
Management Division, Marine Safety                                                         subdivided with the western portion of
                                             not anchor anywhere outside of                existing anchorage ‘‘E’’ retaining this
Office, Los Angeles-Long Beach,              designated anchorage areas makes the
telephone (562) 980–4426.                                                                  designation and the eastern portion of
                                             designation of ‘‘non-anchorage’’ areas        anchorage ‘‘E’’ being slightly re-
SUPPLEMENTARY INFORMATION:                   redundant and confusing. Proposed             configured and renamed as Anchorage
                                             paragraph (c) describes specific              ‘‘C’’.
Request for Comments                         requirements applicable to individual            The northern boundary of General
                                             anchorages, and has been placed in            Anchorage ‘‘N’’ has been adjusted due
   Interested persons are invited to
                                             table format. Proposed paragraph (d)          to the establishment of boating slips in
participate in this proposed rulemaking
                                             describes explosives anchorage                the northern portion of the anchorage.
by submitting written views, data or
                                             requirements.                                 These boating slips provide the
arguments to the office listed under
                                                The proposed regulations eliminate or      opportunity to moor to a dock instead
ADDRESSES in this preamble. Persons
                                             reconfigure several anchorages to reflect     of anchoring.
submitting comments should include
                                             completed and ongoing construction of            General Anchorage Area ‘‘O’’ will be
their names and addresses, identify the
                                             new faciltieis in the port complex.           eliminated by the proposed regulations.
docket number for the regulations               Existing commercial anchorage area
(CGD11–99–008), the specific section of                                                    This area is being filled and is not
                                             ‘‘A’’ will be eliminated by the proposed      currently used as an anchorage.
the proposal which their comments            regulations. As part of the Port of Los          Boundaries for the explosives
apply, and give reasons for each             Angeles Pier 400 expansion project, this      anchorage and existing anchorages ‘‘F’’
comment.                                     existing anchorage has been replaced by       and ‘‘G’’ will not change. Finally, this
   The regulations may be changed in         a shallow water habitat area, which is        rulemaking does not affect anchorage
light of the comments received. All          unsuitable as a commercial vessel             Area ‘‘A–2’’ which is established as a
comments received before the                 anchorage. A new commercial                   special anchorage area described in 33
expiration of the comment period will        anchorage area ‘‘A’’ will be established      CFR 110.100.
be considered before final action is         within a portion of the existing                 Although several anchorages are being
taken on this proposal. No public            commercial anchorage ‘‘C’’.                   eliminated or reconfigured by the
hearing is planned, however, one may            Existing commercial anchorages ‘‘B’’       proposed regulations, a sufficient
be held if written requests for a hearing    and ‘‘C’’ are also affected by the Pier 400   number of anchorages are believed
are received and it is determined that       construction project. The Pier 400            available to meet the both current and
the opportunity to make oral                 facility will occupy much of these            anticipated future needs of the port
presentations will aid in the rule           existing anchorage areas, eliminating         complex. Importantly, the construction
making process.                              entirely those portions of these              of terminals and/or landfills in U.S.
38168              Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

navigable waters was the subject of a        must consider whether this proposal         Unfunded Mandates
separate permit process administered by      will have a significant economic impact
the U.S. Army Corps of Engineers. The        on a substantial number of small               Under the Unfunded Mandates
proposed anchorage areas are designed        entities. ‘‘Small entities’’ may include    Reform Act of 1995 (Pub. L. 104–4), the
to most effectively meet the demands of      small businesses and not-for-profit         Coast Guard must consider whether this
vessels desiring to anchor within Los        organizations that are not dominate in      proposed rule will result in an annual
Angeles and Long Beach Harbors.              their respective fields, and                expenditure by state, local, and tribal
   Finally, certain outdated practices       governmental jurisdictions with             governments, in the aggregate of $100
and procedures have been eliminated or       populations less than 50,000. For the       million (adjusted annually for inflation).
changed and new procedures to better         same reasons set forth in the Regulatory    If so, the Act requires that a reasonable
ensure the safety of navigation and the      Evaluation, the Coast Guard certifies       number of regulatory alternatives be
protection of the environment have been      under 5 U.S.C. 605(b) that this proposal,   considered, and that from those
added. The regulations also conform to       if adopted, is not expected to have a       alternatives, the least costly, most cost-
the current definitions of explosives,       significant economic impact on any          effective, or least burdensome
cargoes of particular hazard and certain     substantial number of entities,             alternative that achieves the objective of
dangerous cargoes which have been            regardless of their size.                   the rule be selected.
revised in other sections of 33 CFR.                                                        No state, local or tribal government
Requirements to obtain permits for           Assistance for Small Entities               entities will be affected by this rule, so
certain activities such as the handling or                                               this rule will not result in annual or
carriage of explosives, and extended            In accordance with section 213(a) of
                                             the Small Business Regulatory               aggregate costs of $100 million or more.
anchorage stays are all explicitly                                                       Therefore, the Coast Guard is exempt
detailed. Watchkeeping and other             Enforcement Fairness Act of 1996 (Pub.
                                             L. 104–121), the Coast Guard wants to       from any further regulatory
general requirements pertinent to                                                        requirements under the Unfunded
commercial vessels at anchorage are set      assist small entities in understanding
                                             this proposed rule so that they can         Mandates Act.
forth in section (a). Additionally, some
activities such as bunkering and             better evaluate its effects on them and     Other Executive Orders on the
lightering are permissible only in           participate in the rule making process.     Regulatory Process
specified anchorage locations and are        If your small business or organization is
                                             affected by this rule and you have             In addition to the statutes and
prohibited in others. These are outlined                                                 Executive Orders already addressed in
in section (c) which discusses               questions concerning its provisions or
                                             options for compliance, please contact      this preamble, the Coast Guard
requirements and procedures which                                                        considered the following executive
vary from anchorage to anchorage.            LT Rob Coller, Coast Guard Marine
                                             Safety Office Los Angeles-Long Beach,       orders in developing this rule and
Regulatory Evaluation                        at the address listed in ADDRESSES.         reached the following conclusions:
  This proposal is not a significant                                                        E.O. 12630, Governmental Actions
                                             Collection of Information                   and Interference with Constitutionally
regulatory action under section 3(f) of
Executive Order 12866 and does not             This rule contains no collection of       Protected Property Rights. This Rule
require and assessment of potential          information requirements under the          will not effect a taking of private
costs and benefits under section 6 (a)(3)    Paperwork Reduction Act (44 U.S.C.          property or otherwise have taking
of that order. It has been exempted from     3501 et seq.).                              implications under this Order.
review by the Office of Management and                                                      E.O. 12875, Enhancing the
Budget under that order. It is not           Federalism                                  Intergovernmental Partnership. This
significant under the Department of            This proposal has been analyzed in        Rule will not impose, on any State,
Transportation Regulatory Policies and       accordance with the principles and          local, or tribal government, a mandate
Procedures (DOT) (44 FR 11040,               criteria contained in Executive Order       that is not required by statute and that
February 26, 1979). The Cost Guard           12612, and it has been determined that      is not funded by the Federal
expects the impact of this rule to be so     the proposed rule making does not have      government.
minimal that a full Regulatory               sufficient federalism implications to          E.O. 12988, Civil Justice Reform. This
Evaluation under paragraph 10e of the        warrant the preparation of a Federalism     Rule meets applicable standards in
regulatory policies and procedures of        Assessment.                                 section 3(a) and 3(b)(2) of this Order to
DOT is unnecessary.                                                                      minimize litigation, eliminate
  The proposed regulation only make          Environmental Assessment                    ambiguity, and reduce burden.
substantive changes in anchorage
                                                The Coast Guard has considered the          E.O. 13045, Protection of Children
designations to conform with the
                                             environmental impact of this proposed       from Environmental Health Risks and
changed geography of the harbor and to
                                             rule and concluded that under section       Safety Risks. This Rule is not an
best make use of available water. Some
                                             2.B.2 of Commandant Instruction             economically significant rule and does
of the proposed designated procedures
                                             M16475.1C, Figure 2–1, paragraph (34)       not concern an environmental risk to
reflect various additions to, and changes
                                             (f), it will have no significant            safety disproportionately affecting
in, existing regulatory requirement;
                                             environmental impact and it is              children.
however, they are all proposed in the
interest of safe navigation and              categorically excluded from further         List of Subjects in 33 CFR Part 110
protection of the port complex, and          environmental documentation. No new
most of the mariners affected already        anchorage areas are being established,        Anchorage grounds.
practice these procedures as a matter of     and existing anchorages are merely          Proposed Regulation
prudent seamanship.                          being reconfigured or eliminated. A
                                             Categorical Exclusion Determination           For the reasons set out in the
Small Entities                               and Environmental Analysis Checklist        preamble, Coast Guard proposes to
  Under the Regulatory Flexibility Act       have been completed and are available       amend Subpart B of Part 110, Title 33,
(5 U.S.C. 601 et seq.), the Coast Guard      in the rulemaking docket.                   Code of Federal Regulations, as follows:
                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                          38169

PART 110—[AMENDED]                           days unless an extended anchorage            advance approval from the Captain of
                                             permit is obtained from the captain of       the Port.
  1. The authority citation for part 110     the Port. In determining whether an             (ii) When sustained wind speeds
continues to read as follows:                extended anchorage permit will be            exceed 40 knots, all anchored
  Authority: 33 U.S.C. 471, 1221 through     granted, consideration will be given, but    commercial vessels greater than 1600
1236, 2030, 2035, and 2071; 49 CFR 1.46;     not necessarily limited to: the current      gross tons shall ensure their propulsion
and, 33 CFR 1.05–1(g).                       and anticipated demands for anchorage        plant is placed in immediate standby
  2. Section 110.214 is revised to read      space within the harbor, the duration        and a second anchor is made ready to
as follows:                                  requested, the condition of the vessel,      let go. Vessels unable to comply with
                                             and the reason for the request.              this requirement must immediately
§ 110.214 Los Angeles, and Long Beach           (ii) No vessel while carrying, loading,   notify the Captain of the Port. In such
Harbors, California.                         or unloading diversion 1.1 or 1.2            case, the Captain of the Port may require
   (a) General Regulations.                  materials as defined in 49 CFR 173.50,       the vessel to have one or more tugs
   (1) Anchorage Assignment. (i) Unless      or Cargoes of Particular Hazard (COPH)       standing by to render immediate
otherwise directed by the Captain of the     as defined in 33 CFR 126.10, or Certain      assistance.
Port Los Angeles-Long Beach, the pilot       Dangerous Cargoes (CDC) as defined in           (4) Prohibitions. Within Los Angeles
stations for the Port of Long Beach and      33 CFR 160.203, may anchor without           Harbor, Long Beach Harbor, and the Los
the Port of Los Angeles will assign the      first obtaining a permit issued by the       Angeles-Long Beach Precautionary
use of commercial anchorages within          Captain of the Port.                         Area, except for emergency reasons, or
their jurisdictions (Long Beach and Los         (iii) Vessels requiring use of an         with the prior approval of the Captain
Angeles Harbors respectively). All           explosives anchorage should contact the      of the Port, vessels are prohibited from
anchorages outside (seaward) of the          Captain of the Port at least 24 hours        anchoring outside of designated
federal breakwater will be assigned by       prior to the anticipated need for the        anchorage areas. In the event a vessel
the Los Angeles-Long Beach Vessel            explosives anchorage to allow for proper     anchors outside a designated anchorage
Traffic Information Service (VTIS). The      activation of that anchorage.                area for emergency reasons, the master,
master, pilot, or person in charge of a         (iv) Except with the prior approval of    pilot, or person in charge of the vessel
vessel must notify the appropriate pilot     the Captain of the Port, or, in the case     shall:
station (for anchorages inside the federal   of an emergency, with approval of the           (i) position the vessel so as to
breakwater) or the VTIS (for anchorages      Captain of the Port immediately              minimize the danger to other vessels
outside the federal breakwater) of their     subsequent to anchoring, no commercial       and facilities;
intention to anchor, upon anchoring,         vessel greater than 1600 gross tons may
                                                                                             (ii) immediately notify the Captain of
and at least fifteen minutes prior to        anchor in Los Angeles-Long Beach
                                                                                          the Port by the most expeditious means
departing an anchorage. All anchorage        Harbor unless it maintains the
                                                                                          of the vessel’s location and the reason(s)
assignments will be made as described        capability to get underway within 30
                                                                                          for the emergency anchoring; and
in this part unless modified by the          minutes. Any vessel unable to meet this
                                                                                             (iii) move the vessel as soon as the
Captain of the Port.                         requirement must immediately notify
   (ii) Radio communications for port                                                     emergency condition prompting
                                             the Captain of the Port and make
entities governing anchorages are as                                                      anchoring outside a designated area
                                             arrangements for an adequate number of
follows: Los Angeles-Long Beach Vessel                                                    abates, or as soon as ordered to move by
                                             tugs to respond to the vessel within 30
Traffic Information Service, call sign                                                    the Captain of the Port, whichever
                                             minutes notice.
‘‘LA-Long Beach Traffic,’’ Channel 14           (v) In anchorages where lightering is     occurs sooner.
VHF–FM; Los Angeles Port Pilots,             authorized, the Captain of the Port must        (5) Exemption from rules. The Captain
Channel 73 VHF–FM; Long Beach Port           be notified at least 4 hours in advance      of the Port may, upon request, or
Pilots, Channel 74 VHF–FM.                   of a vessel conducting lightering            whenever he/she deems appropriate,
   (iii) The exact boundary separating       operations (see 33 CFR 156.118).             authorize a deviation from any rule in
the Port of Long Beach from the Port of         (3) Other General Requirements.           this section.
Los Angeles is published in local Port          (i) When at anchor, all commercial           (b) The anchorage grounds. Locations
Tariffs. For purposes of this rule, Long     vessels greater than 1600 gross tons         of anchorage grounds are as described in
Beach waters are those east, and Los         shall, at all times, have a licensed deck    this section. Specific requirements for
Angeles waters are those west, of the        officer on watch and maintain a              individual anchorages are contained in
following locations:                         continuous radio listening watch unless      paragraphs (c) and (d) of this section.
   (A) Inner Harbor: The Henry Ford          subject to one of the exemptions in          All coordinates referenced use datum:
(Badger Avenue) Bridge.                      paragraph 3(i)(a) through 3(i)(c). The       NAD 83.
   (B) Middle Harbor: The Pier 400           radio watch must be on CH–13 VHF–FM             (1) Commercial Anchorage A (Los
Transportation Corridor.                     when anchored inside the federal             Angeles Harbor). A circular area with a
   (C) Outer Harbor: The western             breakwater, and on CH–14 VHF–FM or           radius of 400 yards (approximately 366
boundary of Commercial Anchorage B.          on CH–16 VHF–FM when anchored                meters), centered in position
   (2) Required approvals, permits and       outside the federal breakwater, except       33°¥43′¥19.2′′N, 118°¥14′¥18.5′′W.
notifications.                               for unmanned barges; vessels which              (2) Commercial Anchorage B (Long
   (i) No vessel may anchor anywhere         have less than 100 gallons of oil or fuel    Beach Harbor).
within Los Angeles or Long Beach             onboard regardless of how the fuel is           An area enclosed by a line joining the
harbors for more than 10 consecutive         carried; and other vessels receiving         following coordinates:

                                                                   Latitude                                          Longitude

Beginning point                                               33°¥44′¥37.0′′N                                  118°¥13′¥00.0′′W
Thence south/southeast to                                     33°¥44′¥12.0′′N                                  118°¥12′¥36.2′′W
Thence southeast to                                           33°¥43′¥38.2′′N                                  118°¥11′¥36.9′′W
Thence southwest to                                           33°¥43′¥26.1′′N                                  118°¥11′¥47.2′′W
38170                  Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

                                                               Latitude                                      Longitude

Thence   west to                                           33°¥43′¥26.1′′N                              118°¥12′¥22.7′′W
Thence   west/southwest to                                 33°¥42′¥58.9′′N                              118°¥13′¥53.0′′W
Thence   north/northwest to                                33°¥44′¥15.3′′N                              118°¥14′¥26.6′′W
Thence   northeast to                                      33°¥44′¥25.1′′N                              118°¥14′¥15.6′′W
Thence   southeast to                                      33°¥44′¥22.8′′N                              118°¥13′¥51.0′′W
Thence   east/northeast to the beginning point.

    (3) Commercial Anchorage C (Long Beach Harbor).
    An area enclosed by a line joining the following coordinates:

                                                               Latitude                                      Longitude

Beginning point                                            33°¥44′¥20.0′′N                              118°¥08′¥26.2′′W
Thence west to                                             33°¥44′¥23.5′′N                              118°¥09′¥32.6′′W
Thence north to                                            33°¥44′¥52.8′′N                              118°¥09′¥33.2′′W
Thence southeast to                                        33°¥44′¥25.2′′N                              118°¥08′¥26.2′′W
Thence south to the beginning point.

   (4) Commercial Anchorage D (Long Beach Harbor).
   An area enclosed by a line beginning near the east end of the Long Beach Breakwater and joining the following
coordinates:

                                                               Latitude                                      Longitude

Beginning point                                            33°¥43′¥27.2′′N                              118°¥08′¥12.6′′W
Thence west to                                             33°¥43′¥27.2′′N                              118°¥10′¥46.5′′W
Thence north to                                            33°¥43′¥51.0′′N                              118°¥10′¥46.5′′W
Thence northeast to                                        33°¥44′¥18.5′′N                              118°¥10′¥27.2′′W
Thence east to                                             33°¥44′¥18.5′′N                              118°¥08′¥12.6′′W
Thence south to the beginning point.

    (5) Commercial Anchorage E (Long Beach Harbor).
    An area enclosed by a line joining the following coordinates:

                                                               Latitude                                      Longitude

Beginning point                                            33°¥44′¥55.3′′N                              118°¥09′¥40.2′′W
Thence southwest to                                        33°¥44′¥18.5′′N                              118°¥09′¥56.8′′W
Thence west to                                             33°¥44′¥18.5′′N                              118°¥10′¥27.2′′W
Thence northwest to                                        33°¥44′¥27.6′′N                              118°¥10′¥41.0′′W
Thence west/northwest to                                   33°¥44°¥29.0′′N                              118°¥10′¥57.4′′W
Thence north/northwest to                                  33°¥45′¥06.4′′N                              118°¥11′¥09.5′′W
Thence northeast to                                        33°¥45′¥15.2′′N                              118°¥10′¥46.1′′W
Thence southeast to the beginning point.

    (6) Commercial Anchorage F (outside of Long Beach Breakwater).
    The waters southeast of the Long Beach Breakwater bounded by a line connecting the following coordinates:

                                                               Latitude                                      Longitude

Beginning point                                            33°¥43′¥05.1′′N                              118°¥07′¥59.0′′W
Thence west to                                             33°¥43′¥05.1′′N                              118°¥10′¥36.5′′W
Thence south/southeast to                                  33°¥40′¥23.0′′N                              118°¥08′¥35.3′′W
Thence east to                                             33°¥40′¥23.0′′N                              118°¥06′¥03.0′′W
And thence north/northwest to the beginning point.

    (7) Commercial Anchorage G (outside of the Middle Breakwater).
    The waters south of the Middle Breakwater bounded by a line connecting the following coordinates:

                                                               Latitude                                      Longitude

Beginning point                                            33°¥43′¥05.4′′N                              118°¥11′¥18.0′′W
Thence west to                                             33°¥43′¥05.4′′N                              118°¥12′¥18.7′′W
Thence west/southwest to                                   33°¥42′¥25.9′′N                              118°¥14′¥19.2′′W
Thence southeast to                                        33°¥41′¥40.3′′N                              118°¥13′¥05.2′′W
Thence east/northeast to                                   33°¥42′¥08.8′′N                              118°¥11′¥36.8′′W
And thence north/northeast to the beginning point.

    (8) General Anchorage N (Los Angeles Harbor).
    The waters near Cabrillo Beach shoreward of a line connecting the following coordinates:
                                  Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                                                                                                38171

                                                                                                                   Latitude                                                                             Longitude

                                                                                                           33°¥42′¥55.9′′N                                                                      118°¥16′¥44.4′′W
                                                                                                           33°¥42′¥26.8′′N                                                                      118°¥16′¥33.9′′W

      (9) General Anchorage P (Long Beach Harbor).
      The waters within an area beginning at Alamitos Bay West Jetty Light ‘‘1’’ and connecting the following coordinates:

                                                                                                                   Latitude                                                                             Longitude

Beginning point                                                                                            33°¥44′¥14.5′′N                                                                      118°¥07′¥19.2′′W
Thence northwest to                                                                                        33°¥44′¥20.6′′N                                                                      118°¥07′¥31.7′′W
Thence northwest                                                                                           33°¥45′¥06.5′′N                                                                      118°¥09′¥34.0′′W
Thence along the eastern shoreline of Island White to the lighted                                          33°¥45′¥13.5′′N                                                                      118°¥09′¥34.0′′W
  marker at
Thence northwest to                                                                                       33°¥45′¥37.1′′N                                                                       118°¥10′¥38.5′′W
Thence north/northwest to                                                                                 33°¥45′¥49.4′′N                                                                       118°¥10′¥38.8′′W
And thence east/southeast along the Long Beach shoreline and the                                          Alamitos Bay West Jetty to the beginning point.

      (10) General Anchorage Q (Long Beach Harbor/Alamitos Bay/Anaheim Bay).
      The waters within an area described as follows:

                                                                                                                   Latitude                                                                             Longitude

Beginning point                                                                                            33°¥44′¥36.0′′N                                                                      118°¥08′¥13.0′′W
Thence east/southeast to                                                                                   33°¥44′¥20.6′′N                                                                      118°¥07′¥31.7′′W
Thence along a line described as an arc, radius of 460 meters                                              33°¥44′¥12.5′′N                                                                      118°¥07′¥16.5′′W
  (approximately 1509 feet) centered on
                                                                                                           33°¥44′¥04.8′′N                                                                      118°¥07′¥1.0′′W
Thence northwest to                                                                                        33°¥44′¥11.1′′N                                                                      118°¥07′¥13.0′′W
Thence north/northeast to                                                                                  33°¥44′¥24.0′′N                                                                      118°¥07′¥04.1′′W
Thence east/southeast to                                                                                   33°¥44′¥22.5′′N                                                                      118°¥06′¥57.0′′W
Thence along the shoreline of Seal Beach and Anaheim Bay W.                                                33°¥43′¥39.1′′N                                                                      118°¥06′¥06.8′′W
  Jetty to
Thence west/southwest to                                                                                   33°¥43′¥27.8′′N                                                                      118°¥07′¥39.9′′W
Thence northwest to                                                                                        33°¥43′¥38.4′′N                                                                      118°¥07′¥48.2′′W
Thence west to                                                                                             33°¥43′¥38.4′′N                                                                      118°¥08′¥12.9′′W
and thence north to the beginning point.



  (11) Explosives Anchorage (Long                                              (c) Individual anchorage                                                  anchorages. Requirements for the
Beach Harbor).                                                               requirements:                                                               explosives anchorage are contained in
  A circular area with a radius of 1,909                                       (1) Table 110.214(c) lists anchorage                                      paragraph (d) of this section.
yards (1,745 meters), centered in                                            grounds, identifies the purpose of each                                       (2) The geographic boundaries of each
position 33°43′37.0′′ N, 118°09′05.3′′ W.                                    anchorage, and contains specific                                            anchorage are contained in paragraph
                                                                             regulations applicable to certain                                           (b) of this section.
                                                                                                TABLE 110.214(C)
                                                                                                                                                                                                        Specific regula-
 Anchorage                                             General location                                                                             Purpose                                                  tions

A   ...................   Los Angeles Harbor .....................................................               Commercial ..................................................................          Note a.
B   ...................   Long Beach Harbor .....................................................                ......do ...........................................................................       Do.
C   ...................   ......do ...........................................................................   ......do ...........................................................................   Notes a,g.
D   ...................   ......do ...........................................................................   Comm’l and Naval .......................................................               Notes a,b,g.
E   ...................   ......do ...........................................................................   Commercial ..................................................................          Notes c.
F   ...................   Outside Breakwater .....................................................               ......do ...........................................................................   Notes c,g.
G   ...................   ......do ...........................................................................   ......do ...........................................................................   Notes c,d.
N   ...................   Los Angeles Harbor .....................................................               Small Craft ...................................................................        Note e.
P   ...................   Long Beach Harbor .....................................................                ......do ...........................................................................   Note f.
Q   ...................   ......do ...........................................................................   ......do ...........................................................................   Notes c,g.
  Notes: a. Bunkering and lightering are permitted.
  b. West of 118°–09′–48′′ W priority for use of the anchorage will be given to commercial vessels over 244 meters (approximately 800 feet).
East of 118°–09′–48′′ W priority for use of the anchorage will be given to Naval and Public vessels, vessels under Department of Defense char-
ter, and vessels requiring use of the explosives anchorage.
  c. Bunkering and lightering are prohibited.
  d. This anchorage is within a Regulated navigation area and additional requirements apply as set forth in 33 CFR 165.1109(e).
  e. This anchorage is controlled by the Los Angeles Port Police. Anchoring, mooring and recreational boating activities conforming to applicable
City of Los Angeles ordinances and regulations are allowed in this anchorage.
  f. This anchorage is controlled by the Long Beach Harbor Master. Anchoring, mooring and recreational boating activities conforming to applica-
ble City of Long Beach ordinances and regulations are allowed in this anchorage.
  g. When the explosives anchorage is activated portions of this anchorage lie within the explosives anchorage and the requirements of para-
graph (d) of this section apply.
38172                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

   (d) Explosives Anchorage (Long Beach           SUMMARY:     The Bureau of Land             day comment period a chance for a
Harbor):                                          Management (BLM) hereby gives notice        longer time to consider the proposed
   (1) Priority for use of this anchorage         that it is reopening the comment period     regulations, BLM is reopening the
shall be given to vessels carrying,               on a Notice of Proposed Rule, which         comment period for an additional 60
loading, or unloading division 1.1, 1.2,          was published in the Federal Register       days.
1.3, or 1.4 (explosive) materials as              on October 16, 1996 (61 FR 53887). The
                                                                                              Discussion of Statute and Proposed
defined in 49 CFR 173.50, or Cargoes of           comment period for the proposed rule
                                                                                              Regulations
Particular Hazard (COPH) as defined in            expired on November 15, 1996. The
33 CFR 126.10, or Certain Dangerous               proposed rule erroneously stated that          Section 4 of the Indian General
Cargoes (CDC) as defined in 33 CFR                the information requirements in the rule    Allotment Act of February 8, 1887 (43
160.203.                                          were not subject to the provisions of the   U.S.C. 1740) provides that, if you are an
   (2) Vessels requiring the use of this          Paperwork Reduction Act. BLM is             Indian eligible for an allotment, you
anchorage shall notify the Captain of the         reopening the comment period on the         may apply for an allotment to the BLM
Port at least 24 hours in advance of their        proposed rule for 60 days to accept         office having jurisdiction over the lands
intentions including the estimated times          comments on the information                 covered by your application. Your
of arrival, departure, net explosive              requirements and on any other aspects       eligibility depends upon your being able
weight, and whether the vessel will be            of the proposed rule.                       to furnish documentation from the
loading or unloading. Vessels may not             DATES: Submit all comments by               Bureau of Indian Affairs that shows you
use this anchorage without first                  September 13, 1999. Comments received       are an Indian who meets the
obtaining a permit issued by the Captain          after the closing date may not be           requirements of the Act. If you are
of the Port.                                      considered in preparing the final rule.     eligible, your minor child is also
   (3) No vessel containing more than             ADDRESSES: Send all comments related        qualified to file for an allotment under
680 metric tons (approximately 749                to the information aspects of the           the Act.
tons) of net explosive weight (NEW)               proposed rule to: Office of Information        The regulations at 43 CFR part 2530
may anchor in this anchorage;                     and Regulatory Affairs, Office of           implement the provisions of the Act.
   (4) Bunkering and lightering                   Management and budget, Attn: Interior       The proposed regulations update the
operations are permitted in the                   Desk Officer (1004–NEW), 725 17th St.,      current regulations to incorporate
explosives anchorage, except that                 NW, Washington, DC. Please send a           changes that have occurred since 1972,
vessels engaged in the loading or                 copy of your comments to:                   when the current regulations became
unloading of explosives shall not                 Administrative Record, Bureau of Land       effective. These include changes
simultaneously conduct bunkering or               Management, 1849 C St., NW, Mail Stop       describing how BLM will process
lightering operations.                            401 LS, Washington, DC 20240 or e-mail      applications to include provisions
   (5) Each anchored vessel loading,              them to WoComment@blm.gov.                  relating to the National Environmental
unloading or laden with explosives,                                                           Policy Act, the Federal Land Policy and
                                                  FOR FURTHER INFORMATION CONTACT:
must display a red flag of at least 1.2                                                       Management Act (FLPMA), and the laws
                                                  Jeff Holdren, Lands and Realty Group,
square meters (approximately 16 square                                                        relating to hazardous substances.
                                                  (202) 452–7779, e-mail:
feet) in size by day, and at night the flag                                                   FLPMA requirements including meeting
                                                  jeff holdren@blm.gov, for information
must be illuminated by spotlight;                                                             the planning requirements and the 2-
                                                  about BLM’s Indian allotment program.
   (6) When a vessel displaying the red                                                       year notification to grazing permittees
                                                  Carole Smith, Regulatory Affairs Group,
flag occupies the explosives anchorage,                                                       and lessees.
                                                  (202) 452–0367, e-mail:                        The proposed regulations would also
no other vessel may anchor within the             carole smith@blm.gov, for the
Explosives Anchorage.                                                                         require a $100 filing fee to reimburse
                                                  information collection aspects of the       BLM partially for processing each
   Note: When the explosives anchorage is         proposed rule. Individuals who use a        application.
activated, portions of Anchorages ‘‘C’’, ‘‘D’’,   telecommunications device for the deaf         The proposed regulations at § 2530.10
‘‘F’’ and ‘‘Q’’ are encompassed by the            (TDD) may call the Federal Information      specify what lands are available for an
explosives anchorage.                             Relay Service between 8 a.m. and 8          Indian allotment and would: (1) Affirm
   Dated: June 18, 1999.                          p.m., Eastern time.                         that approving an Indian allotment is at
T.H. Collins,                                     SUPPLEMENTARY INFORMATION: On               BLM’s discretion, (2) require that BLM
Vice Admiral, USCG, Commander, Eleventh           October 16, 1996, BLM published a           ensure that the lands under application
Coast Guard District.                             notice of a proposed rule in the Federal    are valuable for agriculture or grazing,
[FR Doc. 99–17906 Filed 7–14–99; 8:45 am]         Register. This rule at 43 CFR part 2530     and suitable physically and
BILLING CODE 4910–15–M                            would revise the provisions on Indian       economically, and (3) provide that lands
                                                  allotments to: (1) Identify the             otherwise appropriated or segregated
                                                  requirements for Indian allotments, (2)     from surface entry are not available for
                                                  describe the steps that a person must       selection.
DEPARTMENT OF THE INTERIOR
                                                  take to file an application for an Indian      The proposed regulations would also:
Bureau of Land Management                         allotment on BLM-administered lands            • Renumber current sections of the
                                                  and on public domain lands within           regulations, as described in the earlier
43 CFR Part 2530                                  national forests, (3) impose an             notice (61 FR 53888),
                                                  application processing fee of $100 per         • Add provisions at § 2530.10 to
[WO–320–00–4212–02]                               application, (4) clarify various            inform applicants of the need to select
                                                  requirements, including how to apply        lands properly classified for settlement
Indian Allotments                                 for a trust patent, and (5) present the     under the Act,
AGENCY:   Bureau of Land Management,              material in plain language.                    • Substantially streamline current
Interior.                                            The comment period closed on             regulatory provisions at § 2530.13 by
                                                  November 15, 1996. Only one comment         substituting a general reference to the
ACTION: Proposed rule; notice of
                                                  was received. To give individuals who       requirement that an applicant for an
reopening of comment period.
                                                  did not comment during the initial 30-      Indian allotment submit documentation
                       Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                                   38173

of eligibility from the Bureau of Indian                                           Estimated          academia will be evaluating the final
Affairs to BLM,                                       Type of information          burden (in         results of this pilot test. The pilot test
   • Clarify at § 2530.14 the eligibility                                            hours)           will be conducted in three states: Texas,
requirements of children of living                                                                    Louisiana, and California. The purpose
allotment applicants and orphaned                Application for new allotment,
                                                    including plan of develop-
                                                                                                      of the pilot testing is to determine if the
children,                                           ment and certificate of eligi-                    model can be used to identify and locate
   • Itemize at § 2530.16 the information           bility ..................................... 0.5  unusually sensitive drinking water and
applicants need to provide in their              List of heirs and their relation-                    ecological resources using available data
applications,                                       ship to allottee .....................       0.25 from government agencies and
   • Describe the requirements for               Application for trust patent .....              2    environmental organizations. The pilot
obtaining a trust patent at subpart 2531,        Application for extension of                         test will also help evaluate the USA
including successfully completing the 2-            time to meet requirements ..                 1    model, determine if the model identifies
year settlement period on the allotment                                                               the majority of unusually sensitive
and meeting all other requirements, and             BLM estimates that the following                  drinking water and ecological resources,
   • At subpart 2533, address the                average annual number of respondents                 and the appropriateness and
requirements for getting applications            for each of the actions given in the table: accessibility of environmental data to
approved for Indian allotments on                Five pre-application visits; five                    support the model. RSPA will publish
public domain national forest lands.             applicants for new allotments filing                 for public comment the results of the
These include submitting applications            applications with BLM; three applicants pilot test, technical analysis, and the
to the District Ranger or Forest                 giving a list of heirs; two applicants               proposed USA model once the pilot test
Supervisor and documentation to show             filing for trust patents, and one                    and analysis are complete.
one or more of the following: (1) You are        applicant filing for an extension of time
                                                                                                      ADDRESSES: Persons interested in
not entitled to an allotment on an               in which to prove the allotment. Based
                                                                                                      receiving future information, including
existing reservation, (2) you belong to a        on the burden estimates given in the
                                                                                                      copies of the final pilot results, should
tribe without a reservation, or (3) you          table, the total annual burden for
                                                                                                      send their name, affiliation, address,
belong to a reservation that is                  complying with the information is 13
                                                                                                      and phone number to Christina Sames,
insufficient in size to accommodate              hours.
                                                                                                      U.S. Department of Transportation,
allotments for the members of the tribe.            If you would like a copy of the
                                                                                                      Office of Pipeline Safety, 400 Seventh
Paperwork Reduction Act                          proposed information collection or the
                                                                                                      Street SW, DPS–11, Washington, DC
Requirements                                     proposed rule, please contact the BLM
                                                                                                      20590.
                                                 Information Collection Officer listed in
   The proposed regulations                                                                           FOR FURTHER INFORMATION CONTACT:
                                                 the FOR FURTHER INFORMATION CONTACT
inadvertently stated that the information        section of this document.                            Christina Sames, (202) 366–4561, or e-
requirements in the rule were not                                                                     mail christina.sames@rspa.dot.gov,
                                                    Dated: June 25, 1999.                             about this document, or the Dockets
subject to the provisions of the
Paperwork Reduction Act, 44 U.S.C.               Michael Schwartz,                                    Unit, U.S. Department of
3501 et seq. and did not require                 Manager, Regulatory Affairs Group.                   Transportation, Plaza 401, 400 Seventh
approval from the Office of Management           [FR Doc. 99–18082 Filed 7–14–99; 8:45 am]            Street, SW, Washington, DC 20590–
and Budget (OMB). The information                BILLING CODE 4310–84–M                               0001, (202) 366–5046, for copies of this
requirements are in fact subject to OMB                                                               document or other material in the
approval. We therefore request your                                                                   docket, including material from
comments on the information                      DEPARTMENT OF TRANSPORTATION previous workshops. The public may
requirements, including any comments                                                                  also review material in the docket by
you may have in the following areas;             Research and Special Programs                        accessing the Docket Management
   • Whether collecting the information          Administration                                       System’s home page at http://
is necessary for the proper functioning                                                               dms.dot.gov. An electronic copy of any
of BLM, including whether the                    49 CFR Part 195                                      document published in the Federal
information will have practical utility;         [Docket RSPA–99–5455]                                Register may be downloaded from the
   • The accuracy of BLM’s estimate of                                                                Government Printing Office Electronic
the burden of collecting the information,        RIN 2137–AC34                                        Bulletin Board Service at (202) 512–
including the validity of the                                                                         1661.
                                                 Areas Unusually Sensitive to
methodology and assumptions used;                                                                     SUPPLEMENTARY INFORMATION:
   • The quality, utility, and clarity of        Environmental Damage
the information to be collected; and             AGENCY: Research and Special Programs
                                                                                                      Legislative History
   • How to minimize the burden of               Administration (RSPA), DOT.                             The pipeline safety statute (49 U.S.C.
collecting the information on those who          ACTION: Notice of initiating pilot testing.          60109) requires the Secretary of
are to respond, including the use of                                                                  Transportation to prescribe standards
appropriate automated electronic,                SUMMARY: RSPA is pilot testing a model               that establish criteria for identifying
mechanical, or other forms of                    that identifies areas unusually sensitive each hazardous liquid pipeline facility
information technology.                          to environmental damage from a                       and gathering line, whether or not the
   The information requirements in the           hazardous liquid pipeline release,                   pipeline is subject to safety regulation
proposed regulations and the estimated           commonly referred to as unusually                    under 49 U.S.C. Chapter 601, located in
burden for complying with the                    sensitive areas (USAs). The USA model                an area that the Secretary, in
requirements are as follows:                     was created through a series of public               consultation with the Environmental
                                                 workshops and the work of the                        Protection Agency (EPA), describes as
                                    Estimated    American Petroleum Institute (API).                  unusually sensitive to environmental
      Type of information           burden (in
                                      hours)     RSPA and API will be working together                damage in the event of a hazardous
                                                 on this pilot test. Other government                 liquid pipeline accident. When
Pre-application visit to BLM ....          1     agencies, environmental groups, and                  describing USAs, the Secretary is to
38174               Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules

consider areas where a pipeline rupture       API Work                                     change through time as species migrate,
would likely cause permanent or long-            In addition to the five public            change location or for other reasons.
term environmental damage. These              workshops, the American Petroleum            The USA definition should be explicit
areas are to include:                         Institute (API) held two meetings with       and practical in application.
  1. Locations near pipeline rights-of-       technical experts to discuss unusually         • All phases of the USA definition
way that are critical to drinking water,      sensitive ecological resources. The          process should be pilot tested for
including intake locations for                meetings were held on October 23–24,         validity, practicality, and workability, to
community water systems and critical          1996, and June 25–26, 1997.                  the extent practical.
sole source aquifer protection areas; and     Representatives of RSPA, EPA, the              • The government agencies must
                                              Departments of Interior, Commerce, and       describe and identify USAs so that the
  2. Locations near pipeline rights-of-                                                    data will be applied consistently and
way that have been identified as critical     Agriculture, and The Nature
                                              Conservancy attended these meetings.         will not be subject to various
wetlands, riverine or estuarine systems,                                                   interpretations. The standards and
national parks, wilderness areas,             Attendees discussed possible ecological
                                              USA candidates and filtering criteria        criteria for resource sensitivity should
wildlife preservation areas or refuges,                                                    be uniform on a national basis such that
wild and scenic rivers, or critical habitat   that could be used to determine which
                                              ecological resources are unusually           equivalent resources receive equivalent
areas for threatened and endangered                                                        sensitivity assessments regardless of
species.                                      sensitive to damage from a hazardous
                                              liquid pipeline release. The significant     regionally based response priorities.
Public Workshops                              ecological resources that were identified      • Sources of USA data must be
                                              during the meetings include threatened       readily available to the public and
   RSPA has held five public workshops        and endangered species, critically           uniform in criteria and standards. The
on USAs. Participants at the workshops        imperiled and imperiled species,             standards and criteria for resource
have included representatives from the        depleted marine mammals, and areas           sensitivity should be uniform on a
EPA; the hazardous liquid pipeline            containing a large percent of the world’s    national basis so that equivalent
industry; the Departments of Interior,        population of a migratory waterbird          resources receive equivalent sensitivity
Agriculture, Transportation, and              species. Filtering criteria focused on the   assessments regardless of regionally
Commerce; non-government agencies;            extent to which a species is endangered,     based priorities.
academia; and the public.                     areas that are critical to multiple            In addition to the guiding principles,
   The first workshop was held on June        sensitive species, and areas where a         workshop attendees discussed the
15 and 16, 1995, and focused on criteria      large percent of a species population        following items, but did not consider
being considered to determine USAs (60        could be impacted. Notes from these          them guiding principles:
FR 27948, May 26, 1995; Docket PS–            technical meetings are in the Docket.          • Workshops for each phase of
140(a)). A second workshop held on                                                         developing a USA definition should
October 17, 1995, focused on                  Guiding Principles                           include technical experts,
developing a process that could be used         Attendees at the third public              representatives, and field personnel
to determine whether an area is a USA         workshop identified guiding principles       with appropriate experience from
(60 FR 44824, August 29, 1995; Docket         to be used in the process of determining     agencies as well as from industry.
PS–140(b)). The third workshop on             USAs. Government agencies, industry,           • Public workshops should be used to
January 18, 1996, focused on guiding          environmental groups and the public          gather information on the criteria that
principles for determining USAs (61 FR        created these guiding principles to help     will determine USAs.
342, January 4, 1996; Docket PS–140(c)).      us identify which resources we should          • The USA definition should be
The fourth workshop held April 10–11,         concentrate on (areas of primary             complete before its use in a rulemaking.
1996, (61 FR 13144, March 26, 1996;           concern), determine which areas of             • The implementation of resource
Docket PS–140(d)) focused on criteria,        primary concern are the most sensitive       assessment and protection under the
components, and parameters of terms           to a hazardous liquid release, decide        USA definition could be phased.
that have been used when describing           how to collect and process resource            • All terms in the USA definition
USAs and the scope and objectives of          data, and determine what happens to          should be defined.
additional USA workshops.                     USAs after they are identified. The            • National consistency in application
                                              guiding principles created in the            of the USA definition should be the
   A fifth workshop was held June 18–                                                      goal.
                                              workshop discuss resources to be
19, 1996, (61 FR 27323, May 31, 1996;                                                        • Guidelines for data quality should
                                              protected and a process for identifying
Docket PS–140(e)) and focused on              USAs. The following is the list of the       include consistency, accuracy, and
identifying critical drinking water           guiding principles that pertain to the       scope.
resources and possible filtering criteria     pilot test:                                    • Encourage open communication
that could be used to identify drinking         • Human health and safety and              with land or resource managers in
water resources that are unusually            serious threat of contamination are          USAs.
sensitive to a hazardous liquid pipeline      always to be considered.                       • The ranking of resources or adding
release. The critical drinking water            • A functional definition of               of values of several resources to reach a
resources that were identified in that        significant must be developed to             threshold USA quantity, as proposed in
workshop include public water systems,        determine USAs.                              the May 1995 workshop, is not practical
wellhead protection areas, and sole             • Only areas in the trajectory of a        for many pipeline operators.
source aquifers. Filtering criteria           potential spill, e.g. down gradient,
include the depth and geology of a                                                         Pilot Test
                                              should be considered.
drinking water resource and if the              • It is expected that no pipeline            RSPA and API will be working
public water system has an adequate           operator will be required to collect         together on this pilot test. Other Federal
alternative drinking water supply.            natural field resource data to determine     and state government agencies,
Transcripts of and information                USAs.                                        environmental organizations, and
presented at these public workshops are         • USAs should be subject to a              academia will be evaluating the final
in the Docket.                                systematic review process. USAs may          results of this pilot in a technical
                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Proposed Rules                              38175

review. The purpose of the pilot test is     include reviewing the data for accuracy,      utilized and other resources that might
to determine if the model can be used        attributes, format, restrictions on use,      be considered, and to improve the
to identify and locate unusually             and determining if the resources and          model’s capability to identify the
sensitive drinking water and ecological      features were mapped with sufficient          majority of ‘‘unusually’’ sensitive areas
resources using available data from          precision.                                    within the three states. The technical
government agencies and environmental           • Process the data, using a geographic     review will include experts that have
organizations.                               information system (GIS), according to        not been directly involved in drafting
   RSPA and API will conduct the pilot       the draft USA model. Identify all             the USA model.
test in the states of Texas, California,     problems encountered in processing the
and Louisiana. These states were chosen      data.                                           RSPA will publish for public
because of the large number of liquid           • Compare the USA pilot results to         comment the final pilot test results and
pipelines and drinking water and             other preservation area identification        the USA model, including the criteria
ecological resources within these states.    efforts, where possible, and to all           for defining unusually sensitive
API will use the results of the pilot test   threatened and endangered specie areas.       drinking water and ecological resources.
to create a voluntary industry guidance         • Provide the final USA pilot results      Persons interested in receiving and
document on USAs. RSPA will use the          to other drinking water and ecological        reviewing this information should send
pilot results to verify that the model       resource experts within Federal and           their name, affiliation, address, and
identifies the majority of unusually         state government agencies (e.g., the          phone number to Christina Sames, U.S.
sensitive areas, the accessibility and       Departments of Interior, Agriculture,         Department of Transportation, Office of
appropriateness of environmental data        Commerce, Environmental Protection            Pipeline Safety, 400 Seventh Street SW,
to support the model, and to move            Agency, state drinking water agencies),       DPS–11, Washington, DC 20590–0001.
toward completing a definition of            academia, environmental organizations         RSPA will also publish the final results
unusually sensitive areas.                   (e.g., The Nature Conservancy, state          of the USA pilot on the Office of
   The USA pilot test will include the       heritage programs), and private industry      Pipeline Safety’s Web page: http://
following tasks:                             for review of whether the model results       ops.dot.gov. RSPA will use the final
   • Identify pertinent drinking water       identify the majority of ‘‘unusually’’        pilot results and comments received to
data that have been created and              sensitive areas within the three states.      move toward completing a USA model
maintained by Federal or state                  • Modify, if necessary, the USA            and definition through publication of a
government agencies, environmental           model based on the pilot test and             NPRM. RSPA intends to publish the
groups, or private organizations. This       comments received from drinking water         NPRM by the end of this year.
includes data on public drinking water       and ecological resource experts.                RSPA will also present the USA pilot
systems, aquifers, sole source aquifers,        • Publish the results of the pilot test,
                                                                                           project and its results to the Technical
wellhead protection areas, alternative       the technical review, and the draft USA
                                                                                           Hazardous Liquid Pipeline Safety
drinking water resources, and aquifer        model for public comment.
                                                                                           Standards Committee (THLPSSC). The
vulnerabilities.                             Technical Review
   • Identify pertinent ecological data                                                    THLPSSC is responsible for reviewing
that have been created and maintained          Drinking water and ecological               proposed federal hazardous liquid
by Federal or state government agencies,     resource experts will conduct a               pipeline safety standards and reporting
environmental groups, or private             technical review of the pilot test to         on their feasibility, reasonableness, and
organizations. This includes data on         determine whether the model results           practicability. Representatives on the
threatened and endangered species,           identify the majority of ‘‘unusually’’        THLPSSC include the Minerals
critically imperilled and imperilled         sensitive areas within the three states.      Management Service, City of
species, depleted marine mammal              These experts include the Department of       Fredericksburg Virginia, U.S.
species, and areas containing a large        Interior’s Office of the Secretary, Fish      Department of Agriculture, U.S.
percentage of the world’s population of      and Wildlife Service, and National Park       Department of Commerce, Virginia State
a migratory waterbird species.               Service; the Department of Agriculture’s      Corporation Commission,
   • Identify data on land features, such    Forest Service; the Department of             Environmental Defense Fund, The
as the location of wetlands, rivers,         Commerce’s National Marine Fisheries          Nature Conservancy, Kenai Peninsula,
transportation networks, and water           Service; the Environmental Protection         Atlantic Consultants, Southwest
routes (including flow direction).           Agency’s Office of Groundwater and            Research Institute, Buckeye Pipe Line,
   • Obtain, where possible, all             Drinking Water, Office of Solid Waste         Lakehead Pipe Line, Kinder Morgan
pertinent drinking water, ecological,        and Emergency Response, and regional          Energy Partners, and Mobil Pipe Line.
and land feature data. Document all          offices; state nature conservancies and         Issued in Washington, DC.
problems encountered in gathering the        heritage programs; state drinking water
                                                                                           Stacey L. Gerard,
data.                                        resource agencies; academia and other
   • Determine if the obtained data can      environmental experts.                        Director, Policy, Regulations and Training.
be used with the draft USA model to            These peer reviewers will help to           [FR Doc. 99–18024 Filed 7–14–99; 8:45 am]
identify and locate USAs. This would         identify other data sets that might be        BILLING CODE 4910–60–P
38176

Notices                                                                                       Federal Register
                                                                                              Vol. 64, No. 135

                                                                                              Thursday, July 15, 1999



This section of the FEDERAL REGISTER              SUPPLEMENTARY INFORMATION:       The        29,475 acres (52%) are in management
contains documents other than rules or            purpose and need for activities are, one,   area 1—general forest, about 10,580
proposed rules that are applicable to the         improve the health, vigor, and resiliency   acres (19%) are in management area 4—
public. Notices of hearings and investigations,   of forest vegetation to insects, disease,   big game winter range maintenance,
committee meetings, agency decisions and          and wildfire. Two, reduce road related      about 1,125 acres (2%) are in
rulings, delegations of authority, filing of
petitions and applications and agency
                                                  impacts, specifically impacts to water      management area 7—scenic area, about
statements of organization and functions are      quality, fish habitat, and wildlife         1,900 acres (3%) are in management
examples of documents appearing in this           habitat. Three, improve riparian            area 13—old growth, about 1,730 acres
section.                                          conditions in reaches of streams that do    (3%) are in management area 14—visual
                                                  not presently meet riparian management      corridors, about 2,900 acres (5%) are in
                                                  objectives (RMOs).                          management area 21—wildlife emphasis
DEPARTMENT OF AGRICULTURE                           The proposed action includes a            with non-scheduled timber harvest, and
                                                  variety of activities to meet the three     about 9,090 acres (16%) are within
Forest Service                                    purpose and need statements. One,           RHCAs. The Southeast Galena
                                                  improve stand conditions so they are        Restoration EIS will focus restoration
Southeast Galena Restoration, Malheur             more resilient to insects, disease, and     activities within the following
National Forest, Grant County, Oregon             wildfire. Restoration activities include    subwatersheds: Davis/Placer, Vinegar,
AGENCY: Forest Service, USDA.                     prescribed fire to reduce excess fuel       Vincent, Little Boulder/Deerhorn,
ACTION:Notice intent to prepare                   accumulations and reducing stocking         Tincup/Little Butte, Butte, Granite
environmental impact statement.                   levels through thinning to reduce           Boulder, Beaver/Ruby (portion
                                                  severity of future wildfires. Another       unburned by the Reed or Summit Fires),
SUMMARY: The Forest Service, USDA,                component of improving watershed            Dry/Sunshine (portion on south side of
will prepare an environmental impact              health is reducing existing noxious         Middle Fork John Day River), and
statement (EIS) on a proposal to                  weed sites through manual, mechanical,      Coyote/Balance (portion on south side
improve the ecosystem health within a             and chemical methods and reducing the       of MFJD River).
portion of the 127,000 acre Galena                potential for additional sites becoming
Watershed. The proposed restoration                                                              Preliminary issues identified will
                                                  established. Two, reduce road related       include effects on threatened,
activities will be in compliance with the         impacts to water quality, fish habitat,
1990 Malheur National Forest Land and                                                         endangered, and proposed species;
                                                  and wildlife habitat. Specific actions      riparian habitat conservation areas
Management Plan (Forest Plan), as                 include closing or decommissioning
amended, which provides overall                                                               (RHCAs); water quality; stand
                                                  roads excess to resource needs,             conditions (especially as they relate to
guidance for management of this area.             especially existing roads within
Proposed restoration activities are                                                           increased insect populations and fuel
                                                  sensitive areas such as riparian habitat    levels); roadless areas; road densities;
located on the Long Creek Ranger                  conservation areas (RHCAs). An access
District within the Galena Watershed.                                                         and forest wood products.
                                                  and travel management (ATM) plan
The watershed is located about 20 air             would be prepared to meet this action.         The scoping process will include: (1)
miles northeast of John Day, Oregon.              Some roads may only need seasonal           Identifying potential issues; (2)
Implementation of proposed restoration            closures during wet months if they are      identifying issues to be analyzed in
activities are scheduled to begin in late         needed for resource needs and do not        depth; (3) eliminating non-significant
fiscal year 2001. The Malheur National            cause adverse impacts to resources          issues or those which have been covered
Forest invites written comments and               when they are open. Three, improve          by a previous environmental analysis;
suggestions on the scope of the analysis.         riparian conditions in streams not          (4) exploring additional alternatives;
The agency will give notice of the full           meeting RMOs by planting riparian           and (5) identifying potential
environmental analysis and decision               vegetation and protecting plantings from    environmental effects of the proposed
making process on the proposal so                 browsing; increasing large wood to          action and alternatives (i.e. direct,
interested and affected members of the            deficient reaches (possibly with            indirect, and cumulative effects and
public may participate and contribute in          helicopters and other equipment);           connected actions).
the final decision.                               performing instream activities such as         A full range of alternatives will be
DATES: Comments concerning the scope              installing baffles, log weirs, culverts     considered, including a no-action
of the analysis should be received in             capable of passing fish; rehabilitating     alternative. The no-action alternative
writing by August 16, 1999.                       key channels where flow regime has          will serve as a baseline for comparison
ADDRESSES: Send written comments and              been modified by past activities; and       of alternatives. This alternative will be
suggestions concerning the management             reintroducing fire to key RHCAs.            no change from the current management
of this area to Douglas V. Robin, District          The Galena Watershed is comprised         of the Forest and will be fully analyzed.
Ranger, PO Box 849, John Day, Oregon              of about 127,000 acres, of which about      The proposed action will be considered
97845.                                            10,200 acres are privately owned and        and additional alternatives developed
FOR FURTHER INFORMATION CONTACT:                  about 4,000 acres are administered by       around the proposed action to address
Questions about the proposed project              other Federal agencies. Of the 113,000      significant issues identified during the
and scope of analysis should be directed          acres administered by the Malheur           scoping and public involvement
to: Michael Hutchins, Resource Planner,           National Forest, about 56,800 acres are     process. Issues gathered may vary action
PO Box 849, John Day, Oregon 97845,               proposed to be analyzed for possible        alternatives in the number, location, and
phone 541–575–3000.                               restoration activities by this EIS. About   type of project activities.
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                              38177

   Comments received in response to           EIS, may be waived or dismissed by the        ACTION:Notice of Intent to Prepare an
this notice, including the names and          courts. City of Angoon v. Hodel, 803 F.       Environmental Impact Statement.
addresses of those who comment, will          2d 1016, 1002 (9th Cir, 1986), and
be considered part of the public record       Wisconsin Heritages, Inc. v. Harris, 490      SUMMARY:    The USDA Forest Service is
on this proposal and will be available to     F. Supp. 1334, 1338 (E.D. Wis. 1980).         proposing the following for the Mann
public inspection. Comments submitted         Because of these court rulings, it is         Creek Subwatersheds: harvest and
anonymously will be accepted and              important that those interested in this       regeneration of timber; road
considered; however, those who submit         proposed action participate by the close      decommissioning or obliteration to
anonymous comments will not have              of the 45-day comment period so               protect watershed conditions; and
standing to appeal the subsequent             substantive comments and objections           prescribed fire to reduce fuels and
decision under 36 CFR part 215 and            are made available to the Forest Service      enhance plant growth and mountain
217. Additionally, pursuant to 7 CFR          at a time when it can meaningfully            quail habitat.
1.27(d); any person may request the           consider them and respond to them in             The agency gives notice of the
agency to withhold a submission from          the final EIS.                                environmental analysis and decision-
the public record by showing how the             To assist the Forest Service in            making process so that interested and
freedom of information act (FOIA)             identifying and considering issues and        affected people know how they may
permits such confidentiality should be        concerns on the proposed action,              participate and contribute to the final
aware that, under FOIA, confidentiality       comments on the draft EIS should be as        decision. The agency invites written
may be granted in only limited                specific as possible. It is also helpful if   comments and suggestions on the scope
circumstances, such as to protect trade       comments refer to specific pages or           of the analysis and the issues it should
secrets. The Forest Service will inform       chapters of the draft EIS. Comments           address.
the requester of the agency’s decision        may also address the adequacy of the          DATES: Comments on the scope of the
regarding the request for confidentiality,    draft EIS or the merits of the alternatives   analysis must be received by August 13,
and where the request is denied, the          formulated and discussed in the               1999.
agency will return the submission and         statement. (Reviewers may wish to refer       ADDRESSES: Send written comments to:
notify the requester that the comments        to the Council on Environmental               David Alexander, Forest Supervisor,
may be resubmitted with or without            Quality Regulations for implementing          Payette National Forest, P.O. Box 1026,
name and address within a specified           the procedural provisions of the              McCall, Idaho 83638.
number of days.                               National Environmental Policy Act at 40       FOR FURTHER INFORMATION CONTACT:
   Public meetings are anticipated to         CFR 1503.3 in addressing these points).       Questions about the proposed action
occur following issuance of the draft            After the 45 day comment period ends
                                                                                            should be directed to Dautis Pearson,
EIS. Public meetings will be announced        on the draft EIS, the comments will be
                                                                                            NEPA Coordinator, phone (208) 253–
in the Malheur National Forest’s              analyzed and considered by the Forest
                                                                                            0134; or John Baglien, District Ranger,
newspaper of record, the Blue Mountain        Service in preparing the final EIS. The
Eagle.                                                                                      phone (208) 549–4201.
                                              final EIS is scheduled to be completed
   The Forest Service is seeking                                                            SUPPLEMENTARY INFORMATION: The USDA
                                              by March 30, 2001. In the final EIS, the
information and comments from other           Forest Service is required to respond to      Forest Service is proposing projects
Federal, State, and Local agencies;           substantive comments received during          within the 26,438 acre Mann Creek
Tribes; organizations; and individuals        the public comment period. The                Subwatersheds. Approximately 6–8
who may be interested in or affected by       responsible official, Acting Forest           MMBF of timber from about 2,000 acres
the proposed action. This input will be       Supervisor, Bonnie Wood, will consider        will be harvested by thinning and
used in the preparation of the draft EIS.     in the comments, responses,                   regeneration methods, using tractor,
   Comments will be appreciated               environmental consequences discussed          skyline, and helicopter logging systems.
throughout the analysis process. The          in the EIS and applicable laws,               Approximately 800 acres will be
draft EIS will be filed with the              regulations, and policies in making a         regenerated.
Environmental Protection Agency (EPA)         decision regarding this project. The             This proposal follows direction in the
and is anticipated to be available for        responsible official will document the        Payette National Forest Land and
public review by June 2000. The               Galena Watershed EIS decision and             Resource Management Plan. About 2–4
comment period on the draft EIS will be       rational for the decision in the Record       miles of road construction or
45 days from the date of EPA’s Notice         of Decision (ROD). That decision will be      reconstruction are planned. About 10–
of Availability in the Federal Register.      subject to review under Forest Service        30 miles of road decommissioning or
It is important that those interested in      Appeal Regulations 36 CFR part 215.           obliteration are planned.
the management of the Malheur                                                                  Prescribed fire activities would occur
National Forest participate at that time.       Dated: July 8, 1999.                        on a total of about 4,000 acres of open
   The Forest Service believes it is          Bonnie Wood,                                  ponderosa pine stands, dry Douglas-fir
important to give reviewers notice of         Acting Forest Supervisor.                     stands, aspen communities, and grass/
several court rulings related to public       [FR Doc. 99–18019 Filed 7–14–99; 8:45 am]     shrublands to enhance plant growth and
participation in the environmental            BILLING CODE 3410–11–M                        diversity.
review process. First, reviewers of draft                                                      Preliminary issues identified are
EISs must structure their participation                                                     forest health in stringer habitat, and the
in the environmental review of the            DEPARTMENT OF AGRICULTURE                     economic and resource effects of longer
proposal so that it is meaningful and                                                       return intervals into the subwatershed.
alerts an agency to the reviewer’s            Forest Service                                   Initial scoping began in June, 1999.
position and contentions. Vermont                                                           Preliminary analysis is currently being
                                              Proposed Mann Creek Timber Sale and
Yankee Nuclear Power Corp. v. NRDC,                                                         conducted. The Forest Service will be
                                              Other Activities Within the Mann Creek
435 U.S. 519, 553 (1978). Also,                                                             seeking additional information,
                                              Subwatersheds, Payette National
environmental objections that could be                                                      comments, and assistance from Federal,
                                              Forest, Washington County, ID
raised at the draft EIS stage, but that are                                                 State, and local agencies and other
not raised until completion of the final      AGENCY:   Forest Service, USDA.               individuals or organizations who may
38178                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

be interested or affected by the proposed   DEPARTMENT OF AGRICULTURE                   Record of Decision). The Tongass Land
projects. Additional input will be used                                                 and Resource Management Plan
to help identify key issues and develop     Forest Service                              (TLRMP) provides the overall guidance
alternatives. This input will be used in                                                (Goals, Objectives, Standards,
                                            Otter Lake Timber Sale(s), Tongass          Guidelines, and Management Area
preparation of the draft EIS.
                                            National Forest; Hoonah Ranger              direction) to achieve the desired
   The Forest Service expects to file the   District, Alaska                            condition for the area in which the
draft EIS with the Environmental                                                        project is proposed.
Protection Agency and have it available     AGENCY:Forest Service, USDA.
                                                                                          The EIS will be prepared by a
for public review by August 20, 1999.       ACTION:Notice of Intent to Prepare an       contractor working under the
The comment period on the draft EIS         Environmental Impact Statement.             supervision of the Forest Service. Work
will be 45 days from the date the                                                       to be done by the contractor includes
                                            SUMMARY:    The Department of
Environmental Protection Agency’s           Agriculture, Forest Service will prepare    the field investigations, development of
notice of availability appears in the       an environmental impact statement           resource reports, preparation of a draft
Federal Register.                           (EIS) to disclose the environmental         EIS, and the preparation of the final EIS.
   The Forest Service believes, at this     effects of proposed actions within the      The Forest Service will prepare the
early stage, it is important to give        Otter Lake Project Area. The proposed       Record of Decision. The Forest Service
reviewers notice of several court rulings   action provides for: (1) Harvest of seven   will provide oversight and review at all
                                            units covering 588 acres, from a unit       steps of the process.
related to public participation in the                                                    The Otter Lake Project Area is located
environmental review process. First,        pool of 14 units totalling 849 acres and
                                                                                        about 60 air miles north of Sitka, Alaska
reviewers of DEISs must structure their     containing 19.4 million board feet, and
                                                                                        and 12 air miles west of Hoonah,
participation in the environmental          regeneration of new stands of trees; (2)
                                                                                        Alaska. The project area (7,580 acres) is
review of the proposal so that it is        construction of 3.2 miles of specified
                                                                                        located on north Chichagof Island, just
meaningful and alerts the agency to the     road and 0.5 miles of temporary road, as
                                                                                        north of Neka Bay, and north and west
reviewers’ positions and contentions.       well as reconstruction of 2.5 miles of      of Port Frederick. The project area
Vermont Yankee Power Corp. v. NRDC,         specified road; and (3) the use of the      encompasses part or all of R 59 E, T 43
435 U.S. 519, 553 (1978). Also, courts      existing log transfer facility at Eight     S, Sec. 31, 32, 33, 34, 35, & 36; R 59 E,
may waive or dismiss environmental          Fathom Bight (terminus of Forest            T 44 S, Sec. 1 through 18, 20, & 21, and
                                            Development Road 8580). This level of       R 60 E, T 45 S, Sec. 6 (Eight Fathom
objections that could be raised at the
                                            development would result in the harvest     Bight Log Transfer Facility (LTF) site).
DEIS stage, but that are not raised until
                                            of an estimated 12.4 million board feet     The LTF is approximately 6.5 road
after completion of the final               of sawlog and utility timber volume
environmental impact statement (FEIS).                                                  miles south of the project area. The
                                            over a three year period following the      Otter Lake Project Area lies within
City of Angoon v. Hodel, 803 F.2d 1016,     approval of this document and award of
1022 (9th Cir. 1986) and Wisconsin                                                      Value Comparison Unit (VCU) 2010.
                                            contract(s). The proposed action is one     The project area is administered by the
Heritagees, Inc. v. Harris, 490 F. Supp.    alternative to achieve the purpose and
1334, 1338 (E.D. Wis. 1980). Because of                                                 Hoonah Ranger District, Tongass
                                            need for this project. A map of the unit    National Forest.
these court rulings, it is very important   and road pool, and the proposed action,
that those interested in this proposed      is available from the address provided.     Purpose and Need for the Proposed
action participate by the close of the 45   DATES: Comments concerning the scope
                                                                                        Action
day comment period so that substantive      of the analysis should be received in          The purpose and need for the project
comments and objections are made            writing by August 23, 1999.                 is to implement the direction, goals, and
available to the Forest Service at a time   LEAD AGENCY: USDA Forest Service,           objectives in the modified 1997 Tongass
when it can meaningfully consider them      Tongass National Forest.                    Land and Resource Management Plan
and respond to them in the FEIS.                                                        (TLMPR), dated May 23, 1997 and the
                                            ADDRESSES: Send written comments to
   To assist the Forest Service in                                                      Record of Decision, dated April 13,
                                            Otter Lake Planning Team, USDA Forest
identifying and considering issues and                                                  1999. The project is planned to move
                                            Service, 204 Siginaka Way, Sitka,
concerns on the proposed action,                                                        timber stands to a managed condition
                                            Alaska 99835.
comments should be as specific as                                                       resulting in a healthier, faster growing
                                            COOPERATING AGENCIES: U.S. Army             stand, to increase growth and yield from
possible. Reviewers may wish to refer to    Corps of Engineers, U.S. Environmental      the managed stands, to reduce volume
the Council on Environmental Quality        Protection Agency will be invited to        loss associated with disease and decay
Regulations for implementing the            participate as Cooperating Agencies.        and to recover timber volume that might
procedural provisions of the National       FOR FURTHER INFORMATION CONTACT:            otherwise be lost for human use.
Environmental Policy Act at 40 CFR          Michael E. Fox, USDA Forest Service,           The project is planned to contribute
1503.3 in addressing these points.          204 Siginaka Way, Sitka, Alaska 99835,      an estimated 12 million board feet of
   The Responsible Official is David F.     (907) 747–4328, e-mail at mfox/             sawlog and utility timber in support of
Alexander, Forest Supervisor, Payette       r10 chatham@fs.fed.us or FAX at (907)       the Tongass National Forest timber
National Forest, McCall, ID 83638.          747–4281.                                   program, in order to meet the direction,
                                            SUPPLEMENTARY INFORMATION:                  in the Tongass Timber Reform Act,
  Dated: July 2, 1999.
                                                                                        section 101, to ‘‘seek to provide a
David F. Alexander,                         Background                                  supply of timber from the Tongass
Forest Supervisor.                            This environmental impact statement       National Forest which (1) meets the
[FR Doc. 99–18013 Filed 7–14–99; 8:45 am]   (EIS) will tier to the Tongass Land and     annual market demand for timber from
BILLING CODE 3410–11–M                      Resource Management Plan                    such forest and (2) meet market demand
                                            Environmental Impact Statement and          from such forest for each planning
                                            Modified 1997 Tongass Land and              cycle’’ to the extent consistent with
                                            Resource Management Plan (April 1999        multiple use and sustained yield from
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                             38179

all renewable forest resources. This          early to middle successional stages, are     timber obligations will be balanced with
environmental impact statement may            present.                                     long-term maintenance of other natural
result in one or more timber sales under         Goals—Manage the timber resource          resources, whether the economic
the sale program.                             for production of saw timber and other       analysis would consider the economics
                                              wood products from suitable timber           of resources other than timber, and
Decisions To Be Made                          lands made available for timber harvest,     whether the road system for the project
  Fred S. Salinas, Assistant Forest           on an even-flow, long-term sustained         would remain in place to facilitate
Supervisor, Tongass National Forest, is       yield basis, and in an economically          future harvest and minerals activities.
the Responsible Official and will decide      efficient manner. Provide a diversity of        Issue 4—Protection of Fish and
whether or not to authorize timber            opportunities for resource uses that         Wildlife Resources: This issue focuses
harvest within the Otter Lake Project         contribute to the local and regional         on the effects of timber harvest and
Area. He will decide: (1) If the design of    economies of Southeast Alaska.               associated road construction on water
the timber sale offerings are consistent         Objectives—Seek to provide a timber       quality, fish, and wildlife, including
with meeting resource protection              supply sufficient to meet the annual         protection of fish and wildlife habitat
standards and guidelines in the               market demand for Tongass National           during harvest activities, whether
Modified 1997 Tongass Land and                Forest timber, and the market demand         biodiversity and population viability
Resource Management Plan; (2) how             for the planning cycle. Support a wide       will be affected, whether sediments
much timber volume to make available          range of natural resource employment         from roads and logging will affect
and what the logical sale offerings are;      opportunities within Southeast Alaska’s      salmon production downstream, and
(3) the location and design of the arterial   communities.                                 extent of effects on deer, marten, and
and collector road system needed to           Tentative Issues                             bear habitats.
develop the project area, and the post-                                                       Issue 5—Cultural and Historical
                                                 Scoping has not yet been done for this    Resource Protection: This issue focuses
sale transportation options; (4) the          project; however, issues identified for
location and design of timber harvest                                                      on the protection of heritage resources,
                                              the Supplement to the Environmental          and concerns a project design to avoid
units (including silvicultural                Impact Statement, 1981–86 & 1986–90
prescriptions and logging systems), and                                                    damage to cultural or historical
                                              Operating Periods (SEIS) and the Eight       resources, and coordination with the
log transfer and camp facilities; (5)         Fathom Timber Sale(s) Project for the        State’s Scenic Byway Program to
mitigation and monitoring measures for        same general area are considered to still    address proposed projects within areas
sound resource management; and (6)            be applicable. The issues as expressed       designated for corridors of scenic,
subsistence determinations required by        below have been modified to reflect the      historic, cultural, recreational, or
Secton 810 of the Alaska National             reduced project area.                        archaeological significance.
Interest Lands Conservation Act                  Issue 1—Project Effects on Recreation        Issue 6—Protection of Caves and
(ANILCA).                                     and Tourism: This issue focuses on how       Karst Features: This issue focuses on the
Management Objectives                         timber harvest and road building would       potential presence of karst features in
                                              affect recreational opportunities and the    the project locale.
   The project area is in Value               visual character of the landscape. This         Issue 7—Alternatives to Clearcutting:
Comparison Unit (VCU) 2010, and is            includes potential disruptions to fish       The issue is focused on public concerns
located totally within the Timber             and wildlife resources that drive            that silvicultural systems other than
Production Land Use Designation               recreation/tourism businesses, extent of     even-aged management be considered in
(LUD). An Old-growth Habitat Reserve          additional access for recreational users     the alternatives, and implementation of
is located immedately adjacent to the         via logging roads, and if there would be     a reforestation program to speed
south and east of the project boundary.       impacts on areas of concern such as          recovery after harvest and to reduce the
The existing Eight Fathom Bight Log           Neka Bay.                                    duration of scenic effects, and the
Transfer Facility (LTF), located                 Issue 2—Subsistence Impacts: This         presence of clearcuts in high public use,
approximately five air miles to the           issue focuses on whether or not              highly visible areas.
south, lies within a Scenic Viewshed          proposed activities will significantly
LUD.                                          restrict subsistence use through effects     Proposed Action
   Management direction that the              on wildlife, fish, and plant resources for      The proposed action is the harvesting
proposed action is designed to address        customary and traditional uses.              of seven units of a 14-unit pool totalling
include: Desired Condition—Suitable           Concerns include whether harvest             849 acres with 19.4 million board feet.
timber lands are managed for the              activities would displace subsistence        The total area harvested, including road
production of sawtimber and other             users, whether additional use from           right-of-way, is 595 acres yielding an
products on an even-flow, long-term           logging personnel, increased traffic from    estimated 12.4 million board feet.
sustained yield basis. A road system          logging, and increased future recreation     Logging systems include three
provides access for timber management         use on new logging roads would               helicopter units totalling 240 acres for
activities, recreation, hunting and           displace or reduce abundance of              5.6 million board feet, as well as four
fishing, and other administration uses;       subsistence resources, including deer.       units with a ground-based logging
some roads may be closed seasonally or           Issue 3—Potential Economic Impacts:       system (skyline or shovel) with 326
permanently to address resource               The issue focuses on the capability of       acres yielding 6.2 million board feet. All
concerns. Management activities will          the project area to provide a long-term      units are planned as clearcuts. The
generally dominate the landscape. Tree        sustained yield of timber and other          proposed road system consists of 3.2
stands are healthy and in a balanced          resources, and whether this associated       miles of new specified road
mix of age classes from young stands to       level of outputs is sufficient to meet the   construction, 0.5 miles of temporary
trees of harvestable age, often in 40- to     needs of dependent local communities.        road construction, and 2.5 miles of
100-acres stands. Recreation                  These concerns include whether timber        reconstruction of existing specified
opportunities associated with roaded          production and productivity can be           road. Road construction right-of-way
settings are available. A variety of          maximized to achieve positive                area is 22 acres, yielding 0.6 million
wildlife habitats, predominately in the       economic return, whether the short-term      board feet. Nineteen percent of the 3,170
38180                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

acres of timber suitable and available for     Scoping announcements will be              comment period so that substantive
harvest would be harvested under this        published during the week of July 12,        comments and objections are made to
scenario. All units and roads will           1999 in the Juneau Empire and Daily          the Forest Service at a time when it can
conform to the standards and guidelines      Sitka Sentinel, and copies of the            meaningfully consider and respond to
in the TLMPR, including stream buffers,      announcement will be mailed to               them in the Final Environmental Impact
retention of green trees within units,       interested persons. This announcement        Statement.
marten habitat requirements, and the         will describe the timing and location of        To assist the Forest Service in
avoidance of extreme hazard soils and        public involvement meetings. Scoping         identifying and considering issues and
over-steepened slopes.                       meetings will be held in Hoonah in           concerns on the proposed action,
                                             August 1999. Comments received from          comments on the Draft Environmental
Permits                                      public scoping will be analyzed to           Impact Statement should be as specific
   To proceed with the timber harvest as     determine significant issues within the      as possible. It is also helpful if
proposed, various permits must be            scope of this project. Alternatives to the   comments refer to specific pages or
obtained from other agencies. Federal        proposed action will be developed to         chapters of the Draft Environmental
agencies and their responsibilities are as   address significant issues. One of these     Statement. Comments may also address
follows: U.S. Army Corps of Engineers        will be the ‘‘No Action’’ alternative in     the adequacy of the Draft Environmental
has the responsibility for approval of       which there will be no project-related       Statement or the merits of the
discharge of dredged or fill material into   activities such as timber harvest or road    alternatives formulated and discussed in
the waters of the United States (section     construction. Other alternatives may         the document. Reviewers may wish to
404 of the Clean Water Act), and             consider various levels and locations of     refer to the Council on Environmental
approval of construction of structures or    activities in response to issues and other   Quality Regulations for implementing
work in navigable waters of the United       resource objectives. The direct and          the procedural provisions of the
States (section of the Rivers and Harbors    indirect effects of each alternative will    National Environmental Policy Act, 40
Act of 1899); the Environmental              be analyzed and documented.                  CFR 1503.3, in addressing these points.
                                             Mitigating measures will be identified          The Final Environmental Impact
Protection Agency has responsibility for
                                             and their effectiveness evaluated.           Statement and Record of Decision is
the National Pollution Discharge System
                                                                                          expected to be released in June 2001.
review (section 402 of the Clean Water       Public Participation Encouraged              The Assistant Forest Supervisor, Sitka
Act); the U.S. Coast Guard has                  In addition to commenting on the          Assistant Forest Supervisor’s Office,
responsibility for Coast Guard Bridge        proposed action and the Draft                Tongass National Forest, will, as the
Permits (General Bridge Act of 1946)         Environmental Impact Statement when          responsible official for the
required for all structures constructed      it is released, agencies and other           environmental impact statement, make a
within the tidal influence zone. Other       interested persons or groups are invited     decision regarding this proposal
agencies which will participate are as       to contact Forest Service Officials at any   considering the comments, responses,
follows: State of Alaska, Department of      time during the planning process.            environmental consequences disclosed
Natural Resources has responsibility for        The Draft EIS is expected to be filed     in the final environmental impact
authorization for occupancy and use of       with the Environmental Protection            statement, and applicable laws,
tidelands and submerged lands; State of      Agency (EPA) in September 2000. The          regulations, and policies. The decision
Alaska, Department of Environmental          comment period for the Draft                 and supporting reasons will be
Conservation has responsibility for the      Environmental Impact Statement will be       documented in the record of decision.
Solid Waste Disposal Permit (section         45 days from the date the EPA publishes      Fred S. Salinas,
402 of the Clean Water Act, 18 AAC           the notice of availability in the Federal
60.230) and the Certificate of                                                            Assistant Forest Supervisor.
                                             Register.
Reasonable Assurance (section 401 of                                                      [FR Doc. 99–18068 Filed 7–14–99; 8:45 am]
                                                The Forest Service believes, at this
the Clean Water Act). Both the               early stage, it is important to give         BILLING CODE 3410–11–M
Environmental Protection Agency and          reviewers notice of several court rulings
the U.S. Army Corps of Engineers will        related to public participation in the
be invited to participate as cooperating     environmental review process. First,         COMMISSION ON CIVIL RIGHTS
agencies in the preparation of the           reviewers of draft environmental impact
environmental impact statement.              statements must structure their              Agenda and Notice of Public Meeting
                                             participation in the environmental           of the Iowa Advisory Committee
Process Steps
                                             review of the proposal so that it is            Notice is hereby given, pursuant to
   Preparation of the environmental          meaningful and alerts an agency to the       the provisions of the rules and
impact statement will include the            reviewer’s position and contentions;         regulations of the U.S. Commission on
following steps: (1) Public notification     Vermont Yankee Nuclear Power Corp. v.        Civil Rights, that a meeting of the Iowa
and scoping (comments due in                 NRDC, 435 U.S. 519, 553 (1978). Also,        Advisory Committee to the Commission
approximately 45 days, beginning with        environmental objections that could be       will convene at 6 p.m. and adjourn at
the publication of this Notice in the        raised at the Draft Environmental            8 p.m. on August 2, 1999, at the Marriott
Federal Register; (2) identification of      Impact Statement stage but that are not      Hotel, 700 Grand Avenue, Des Moines,
significant issues related to the            raised until after completion of the Final   Iowa 50309. The purpose of the meeting
proposed action to be analyzed in            Environmental Statement may be               is to plan future activities.
depth; (3) development of a reasonable       waived or dismissed by the courts; City         Persons desiring additional
range of alternatives to the proposed        of Angoon v. Hodel, 803 F.2d 1016,           information, or planning a presentation
action which meet the stated purpose         1022 (9th Circuit, 1986) and Wisconsin       to the Committee, should contact
and need for the proposed action and         Heritages, Inc. v. Harris, 490 F. Supp.      Melvin L. Jenkins, Director of the
address significant issues; and (4)          1334 (E.D. Wis 1980). Because of these       Central Regional Office, 913–551–1400
identification of the potential              court rulings, it is important that those    (TDD 913–551–1414). Hearing-impaired
environmental effects of the                 interested in this proposed action           persons who will attend the meeting
alternatives.                                participate by the close of the 45 day       and require the services of a sign
                                        Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                                                                                  38181

language interpreter should contact the                                   Dated at Washington, DC, July 7, 1999.                                 DEPARTMENT OF COMMERCE
Regional Office at least ten (10) working                               Carol-Lee Hurley,
days before the scheduled date of the                                   Chief, Regional Programs Coordination Unit.                              International Trade Administration
meeting.                                                                [FR Doc. 99–18069 Filed 7–14–99; 8:45 am]
  The meeting will be conducted                                                                                                                  Antidumping or Countervailing Duty
                                                                        BILLING CODE 6335–01–P
pursuant to the provisions of the rules                                                                                                          Order, Finding, or Suspended
and regulations of the Commission.                                                                                                               Investigation; Opportunity to Request
  Dated at Washington, DC, July 7, 1999.                                COMMISSION ON CIVIL RIGHTS                                               Administrative Review
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.                             Agenda and Notice of Public Meeting                                      AGENCY:  Import Administration,
                                                                        of the Missouri Advisory Committee                                       International Trade Administration,
[FR Doc. 99–18070 Filed 7–14–99; 8:45 am]
                                                                                                                                                 Department of Commerce.
BILLING CODE 6335–01–P
                                                                           Notice is hereby given, pursuant to
                                                                        the provisions of the rules and                                          ACTION: Notice of Opportunity to
                                                                        regulations of the U.S. Commission on                                    Request Administrative Review of
COMMISSION ON CIVIL RIGHTS                                                                                                                       Antidumping or Countervailing Duty
                                                                        Civil Rights, that a meeting of the
                                                                        Missouri Advisory Committee to the                                       Order, Finding, or Suspended
Agenda and Notice of Public Meeting
                                                                        Commission will convene at 10 a.m. and                                   Investigation.
of the Kansas Advisory Committee
                                                                        adjourn at 12 p.m. on August 24, 1999,
  Notice is hereby given, pursuant to                                   at the Crowne Plaza Hotel, 4445 Main,                                    Background
the provisions of the rules and                                         Kansas City, Missouri. The purpose of
regulations of the U.S. Commission on                                   the meeting is to plan future activities                                   Each year during the anniversary
Civil Rights, that a meeting of the                                     and projects.                                                            month of the publication of an
Kansas Advisory Committee to the                                                                                                                 antidumping or countervailing duty
Commission will convene at 10 a.m. and                                     Persons desiring additional                                           order, finding, or suspension of
adjourn at 12:30 p.m. on August 12,                                     information, or planning a presentation                                  investigation, an interested party, as
1999, at the Days Inn, 2309 Iowa,                                       to the Committee, should contact                                         defined in section 771(9) of the Tariff
Lawrence, Kansas. The purpose of the                                    Melvin L. Jenkins, Director of the
                                                                                                                                                 Act of 1930, as amended, may request,
meeting is to plan future activities and                                Central Regional Office, 913–551–1400
                                                                                                                                                 in accordance with section 351.213 of
conduct new member orientation.                                         (TDD 913–551–1414). Hearing-impaired
                                                                                                                                                 the Department of Commerce (the
  Persons desiring additional                                           persons who will attend the meeting
                                                                                                                                                 Department) Regulations (19 CFR
information, or planning a presentation                                 and require the services of a sign
                                                                                                                                                 351.213 (1997)), that the Department
to the Committee, should contact                                        language interpreter should contact the
                                                                        Regional Office at least ten (10) working                                conduct an administrative review of that
Melvin L. Jenkins, Director of the                                                                                                               antidumping or countervailing duty
Central Regional Office, 913–551–1400                                   days before the scheduled date of the
                                                                        meeting.                                                                 order, finding, or suspended
(TDD 913–551–1414). Hearing-impaired                                                                                                             investigation.
persons who will attend the meeting                                        The meeting will be conducted
and require the services of a sign                                      pursuant to the provisions of the rules                                  Opportunity to Request a Review
language interpreter should contact the                                 and regulations of the Commission.
Regional Office at least ten (10) working                                                                                                          Not later than the last day of July
                                                                          Dated at Washington, DC, July 7, 1999.                                 1999, interested parties may request
days before the scheduled date of the
meeting.                                                                Carol-Lee Hurley,                                                        administrative review of the following
  The meeting will be conducted                                         Chief, Regional Programs Coordination Unit.                              orders, findings, or suspended
pursuant to the provisions of the rules                                 [FR Doc. 99–18071 Filed 7–14–99; 8:45 am]                                investigations, with anniversary dates in
and regulations of the Commission.                                      BILLING CODE 6335–01–P                                                   July for the following periods:

                                                                                                                                                                                             Period

                                                         Antidumping Duty Proceedings
Armenia: Solid Urea, A–831–801 ..................................................................................................................................................          7/1/98—6/30/99
Azerbaijan: Solid Urea, A–832–801 ..............................................................................................................................................           7/1/98—6/30/99
Belarus: Solid Urea, A–822–801 ...................................................................................................................................................         7/1/98—6/30/99
Brazil:
      Industrial Nitrocellulose, A–351–804 ......................................................................................................................................          7/1/98—6/30/99
      Silicon Metal, A–351–806 .......................................................................................................................................................     7/1/98—6/30/99
Chile: Fresh Atlantic Salmon, A–337–803 ....................................................................................................................................               7/1/98—6/30/99
Estonia: Solid Urea, A–447–801 ...................................................................................................................................................         7/1/98—6/30/99
Georgia: Solid Urea, A–833–801 ..................................................................................................................................................          7/1/98—6/30/99
Germany: Industrial Nitrocellulose, A–428–803 ............................................................................................................................                 7/1/98—6/30/99
Iran: In-Shell Pistachio Nuts, A–507–502 .....................................................................................................................................             7/1/98—6/30/99
Italy: Pasta, A–475–818 ................................................................................................................................................................   7/1/98—6/30/99
Japan:
      Cast Iron Pipe Fittings, A–588–605 .......................................................................................................................................           7/1/98—6/30/99
      Clad Steel Plate, A–588–838 .................................................................................................................................................        7/1/98—6/30/99
      Electric Cutting Tools, A–588–823 .........................................................................................................................................          7/1/98—6/30/99
      E L Flat Panel Displays ..........................................................................................................................................................   7/1/98—6/30/99
      High Power Microwave Amplifers ..........................................................................................................................................            7/1/98—6/30/99
      Industrial Nitrocellulose, A–588–812 ......................................................................................................................................          7/1/98—6/30/99
      Synthetic Methionine, A–588–041 ..........................................................................................................................................           7/1/98—6/30/99
Kazakhstan:
      Solid Urea, A–834–801 ..........................................................................................................................................................     7/1/98—6/30/99
38182                                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

                                                                                                                                                                                              Period

     Solid Urea, A–835–801 ..........................................................................................................................................................      7/1/98—6/30/99
Latvia: Solid Urea, A–449–801 ......................................................................................................................................................       7/1/98—6/30/99
Lithuania: Solid Urea, A–451–801 .................................................................................................................................................         7/1/98—6/30/99
Moldova: Solid Urea, A–841–801 ..................................................................................................................................................          7/1/98—6/30/99
Republic of Korea: Industrial Nitrocellulose, A–580–805 ..............................................................................................................                     7/1/98—6/30/99
Romania: Solid Urea, A–485–601 .................................................................................................................................................           7/1/98—6/30/99
Russia: Ferrovanadium, A–821–807 .............................................................................................................................................             7/1/98—6/30/99
Russia: Solid Urea, A–821–801 ....................................................................................................................................................         7/1/98—6/30/99
Tajikistan: Solid Urea, A–842–801 ................................................................................................................................................         7/1/98—6/30/99


                                                                                                                                                                                              Period

Thailand:
    Butt-Weld Pipe Fittings, A–549–807 ......................................................................................................................................               7/1/98–6/30/99
    Canned Pineapple, A–549–813 .............................................................................................................................................               7/1/98–6/30/99
    Furfuryl Alcohol, A–549–812 ..................................................................................................................................................          7/1/98–6/30/99
The People’s Republic of China:
    Butt-Weld Pipe Fittings, A–570–814 ......................................................................................................................................               7/1/98–6/30/99
    Industrial Nitrocellulose, A–570–802 ......................................................................................................................................             7/1/98–6/30/99
    Persulfates, A–570–847 .........................................................................................................................................................        7/1/98–6/30/99
    Sebacic Acid, A–570–825 ......................................................................................................................................................          7/1/98–6/30/99
The Ukraine: Solid Urea, A–823–801 ...........................................................................................................................................              7/1/98–6/30/99
The United Kingdom: Industrial Nitrocellulose, A–412–803 ..........................................................................................................                         7/1/98–6/30/99
Turkmenistan: Solid Urea, A–843–801 .........................................................................................................................................               7/1/98–6/30/99
Turkey: Pasta, A–489–805 ............................................................................................................................................................       7/1/98–6/30/99
Uzbekistan: Solid Urea, A–844–801 .............................................................................................................................................             7/1/98–6/30/99
                                                       Countervailing Duty Proceedings
European Economic Community: Sugar, C–408–046 ..................................................................................................................                           1/1/98–12/31/98
Italy: Pasta, C–475–819 ................................................................................................................................................................   1/1/98–12/31/98
Turkey: Pasta, C–489–806 ............................................................................................................................................................      1/1/98–12/31/98
                                                                        Suspension Agreements
None.



  In accordance with section 351.213 of                                 separate order, then the interested party                                Customs Service to assess antidumping
the regulations, an interested party as                                 must state specifically, on an order-by-                                 or countervailing duties on those entries
defined by section 771(9) of the Act may                                order basis, which exporter(s) the                                       at a rate equal to the cash deposit of (or
request in writing that the Secretary                                   request is intended to cover.                                            bond for) estimated antidumping or
conduct an administrative review. In                                      Seven copies of the request should be                                  countervailing duties required on those
recent revisions to its regulations, the                                submitted to the Assistant Secretary for                                 entries at the time of entry, or
Department has changed its                                              Import Administration, International                                     withdrawal from warehouse, for
requirements for requesting reviews for                                 Trade Administration, Room 1870, U.S.                                    consumption and to continue to collect
countervailing duty orders. Pursuant to                                 Department of Commerce, 14th Street &                                    the cash deposit previously ordered.
section 771(9) of the Act, an interested                                Constitution Avenue, NW., Washington,                                       This notice is not required by statute
party must specify the individual                                       DC 20230. The Department also asks                                       but is published as a service to the
producers or exporters covered by the                                   parties to serve a copy of their requests                                international trading community.
order or suspension agreement for                                       to the Office of Antidumping/                                              Dated: July 9, 1999.
which they are requesting a review                                      Countervailing Enforcement, Attention:                                   Bernard T. Carreau,
(Department of Commerce Regulations,                                    Sheila Forbes, in room 3065 of the main                                  Deputy Assistant Secretary for Group II, AD/
62 FR 27295, 27424 (May 19, 1997)).                                     Commerce Building. Further, in                                           CVD Enforcement.
Therefore, for both antidumping and                                     accordance with section 351.303(f)(l)(i)                                 [FR Doc. 99–18110 Filed 7–14–99; 8:45 am]
countervailing duty reviews, the                                        of the regulations, a copy of each                                       BILLING CODE 8010–01–M
interested party must specify for which                                 request must be served on every party
individual producers or exporters                                       on the Department’s service list.
covered by an antidumping finding or                                      The Department will publish in the                                     DEPARTMENT OF COMMERCE
an antidumping or countervailing duty                                   Federal Register a notice of ‘‘Initiation
order it is requesting a review, and the                                of Administrative Review of                                              National Oceanic and Atmospheric
requesting party must state why it                                      Antidumping or Countervailing Duty                                       Administration
desires the Secretary to review those                                   Order, Finding, or Suspended
                                                                                                                                                 May 1997 Lake Barre, Louisiana Oil
particular producers or exporters. If the                               Investigation’’ for requests received by
                                                                                                                                                 Spill; Notice of Availability and
interested party intends for the                                        the last day of July 1999. If the
                                                                                                                                                 Request for Comments on a Draft
Secretary to review sales of merchandise                                Department does not receive, by the last
                                                                                                                                                 Damage Assessment and Restoration
by an exporter (or a producer if that                                   day of July 1999, a request for review of
                                                                                                                                                 Plan/Environmental Assessment
producer also exports merchandise from                                  entries covered by an order, finding, or
other suppliers) which were produced                                    suspended investigation listed in this                                           National Oceanic and
                                                                                                                                                 AGENCIES:
in more than one country of origin and                                  notice and for the period identified                                     Atmospheric Administration (NOAA),
each country of origin is subject to a                                  above, the Department will instruct the                                  Commerce; United States Department of
                        Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                             38183

the Interior (DOI); Louisiana Oil Spill     at (225) 219–5800, email:                    assessment procedures used, outlines
Coordinators Office (LOSCO); Louisiana      loscolorentz@linknet.net.                    the restoration alternative selection and
Department of Environmental Quality         SUPPLEMENTARY INFORMATION:      At around    scaling process, and identifies the
(LDEQ); Louisiana Department of             1600 hours Central Daylight Savings          preferred restoration alternative to
Natural Resources (LDNR); Louisiana         time on May 16, 1997, a discharge from       address natural resource injuries and
Department of Wildlife and Fisheries        a 16-inch crude oil transmission             losses of service. The Trustees
(LDWF).                                     pipeline was discovered by Texaco            determined that injured natural
ACTION: Notice of availability of a draft   Pipeline Inc. (hereafter ‘‘Texaco’’) in      resources have largely returned to
Damage Assessment and Restoration           Lake Barre, Louisiana. The discharge         baseline conditions, and are expected to
Plan and Environmental Assessment,          was caused by a 34-inch long gash in         fully return to baseline without
and 30-day period for public comment        the pipeline, which had been buried          requiring any further actions. However,
on the plan.                                five or more feet below the sediment         the Trustees have determined that there
                                            surface. The site of the pipeline rupture    have been interim losses to marsh
SUMMARY: Pursuant to 15 CFR 990.23                                                       habitat services, birds, and aquatic
                                            was at 29° 14.8′ N latitude, 90° 29.3′ W
and 15 CFR 990.55(c), notice is hereby      longitude, which is approximately 27         fauna that require compensatory
given that a document entitled, ‘‘Draft     miles southeast of Houma, in                 restoration to make the environment
Damage Assessment and Restoration           Terrebonne Parish. Texaco estimated          and the public whole for these losses.
Plan and Environmental Assessment for       that approximately 6,561 barrels             Under the preferred restoration
the May 16, 1997 Texaco Pipeline            (275,562 gallons) of crude oil were          alternative, 18.6 acres on East Timbalier
Company Lake Barre Oil Spill’’ (Draft       discharged as a result of the pipeline       Island will be planted with marsh
DARP/EA) is available for public review     rupture into Lake Barre. Although            vegetation, and, due to the planting
and comment. This document was              Texaco undertook response actions,           design, another 39.4 acres is expected to
prepared by the agencies listed above       these actions did not prevent exposure       be gained from natural spreading from
(the Trustees) to address natural           of natural resources including marsh,        the planted area over the anticipated
resource injuries and losses of service     shorelines, birds, and estuarine water       lifetime of the project. The 58 total acres
following the May 1997 pipeline             column organisms to the oil. A variety       of marsh expected to result from
rupture and subsequent discharge of         of injuries and lost uses of natural         implementation of the preferred
crude oil into Lake Barre, Louisiana (the   resources were documented as a result        restoration alternative will be sufficient
Incident). This document presents the       of that exposure.                            to satisfy compensatory restoration
Trustees’ assessment of the natural            The incident is subject to the            requirements.
resource injuries and losses of service     authority of OPA, 33 U.S.C. 2701–2761           Interested members of the public are
attributable to this Incident, and their    (OPA), the Federal Water Pollution           invited to request a copy of the Draft
proposed plan to restore, replace or        Control Act, 33 U.S.C. 1321 et seq.          DARP/EA form and to submit written
acquire resources or services equivalent    (FWPCA) and the Louisiana Oil Spill          comments to either John Kern or Warren
to those lost as a basis for compensating   Prevention and Response Act, LSA             Lorentz at the addresses given above.
for the natural resource injuries and       L.S.R. 30:2451 et seq. (OSPRA). NOAA,        All written comments will be
losses of service that occurred. The        DOI, LOSCO, LDEQ, LDNR, and LDWF             considered by NOAA, DOI, LOSCO,
Trustees will consider comments             are Trustees for natural resources           LDEQ, LDNR, and LDWF in finalizing
received during the public comment          pursuant to the Comprehensive                the DARP/EA.
period before finalizing the document.      Environmental Response,                        Dated: July 6, 1999.
Public review of the Draft DARP/EA is       Compensation, and Liability Act of           Captain Ted I. Lillestolen,
consistent with all state and federal       1980, as amended (42 U.S.C. 9601 et          Deputy Assistant Administrator for Ocean
laws and regulations that apply to the      seq.) OPA, the FWPCA, subpart G of the       Services and Coastal Zone Management.
natural resource damage assessment          National Oil and Hazardous Substances        [FR Doc. 99–17783 Filed 7–14–99; 8:45 am]
process, including section 1006 of OPA,     Pollution Contingency Plan, 40 CFR           BILLING CODE 3510–JE–P
the regulations for Natural Resource        300.600–300.615, and, in the case of the
Damage Assessment under the Oil             Louisiana Trustees, OSPRA LSA L.S.R.
Pollution Act of 1990 (OPA) (15 CFR         30:2451, and in the case of the Federal
part 990), National Environmental                                                        DEPARTMENT OF DEFENSE
                                            Trustees, Executive Order 12777. As a
Policy Act (NEPA) (42 U.S.C. 4371, et       designated Trustee, each agency is           Department of the Army
seq.), and implementing regulations (40     authorized to act on behalf of the public
CFR part 1500, et seq.).                    under state and/or federal law to assess     Availability for Non-Exclusive,
DATES: Comments must be submitted in        and recover natural resource damages,        Exclusive, or Partially Exclusive
writing on or before August 16, 1999.       and to plan and implement actions to         Licensing of U.S. Patent Applications
ADDRESSES: Requests for copies of the       restore natural resources and resource       Concerning Dengue Vaccines
draft DARP/EA should be sent to John        services injured or lost as the result of    AGENCY: U.S. Army Medical Research
Kern of NOAA, 9721 Executive Center         an incident.                                 and Materiel Command, DoD.
Drive, N., Suite 114, St. Petersburg, FL       Pursuant to section 1006 of the Oil       ACTION: Notice.
33702 or Warren Lorentz, LOSCO, 625         Pollution Act of 1990 (OPA), designated
N. Fourth Street, Suite 800, Baton          natural resource Trustees have               SUMMARY:  In accordance with 37 CFR
Rouge, LA 70802. Written comments on        conducted a damage assessment for this       404.6, and 404.7, announcement is
the plan should be sent to either John      Incident to evaluate potential injuries to   made of the availability for licensing of
Kern of NOAA or to Warren Lorentz of        natural resources and services, and to       Provisional U.S. Patent Applications,
LOSCO at the same addresses as listed       determine the need for and scale of          Serial Numbers 60/126,311 (filed March
above.                                      restoration actions required. The draft      26, 1999) and entitled ‘‘Live Attenuated
FOR FURTHER INFORMATION CONTACT: John       DARP/EA discusses the natural                Dengue–3 Vaccine’’), 60/126,313 (filed
Kern, at (727) 570–5391, email:             resources and services believed to be        March 26, 1999 and entitled ‘‘Live
john.kern@noaa.gov, or Warren Lorentz,      affected by the Incident, details the        Attenuated Multivalent Dengue
38184                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

Vaccine’’), 60/126,316 (filed March 26,      proceed under new procedures set forth       by the Base Closure Community
1999 and entitled ‘‘Adaptation of Virus      in the Base Closure Community                Redevelopment and Homeless
to Vero and Other Vertebrate Cells’’),       Redevelopment and Homeless                   Assistance Act of 1994, the following
60/126,317 (filed March 26, 1999 and         Assistance Act of 1994.                      information regarding the
entitled ‘‘Dengue–1 Virus Vaccine’’), 60/    ADDRESSES: For information regarding         redevelopment authority for and surplus
126,318 (filed March 26, 1999 and            particular properties identified in this     property at the Naval Air Station,
entitled ‘‘Live Attenuated Dengue–4          Notice (i.e. acreage, floor plan, sanitary   Agana, Guam is published in the
Vaccine’’), and 60/126,319 (filed March      facilities, exact street address, etc.),     Federal Register.
26, 1999 and entitled ‘‘Live Attenuated      contact: Ken Alexanderson, Realty
Dengue–2 Vaccine’’). These inventions                                                     Redevelopment Authority
                                             Specialist, Pacific Division, Naval
have been assigned to the United States      Facilities Engineering Command, Pearl           The local redevelopment authority for
Government as represented by the             Harbor, HI 96860–7300, telephone (808)       the Naval Air Station, Agana, Guam for
Secretary of the Army.                       474–5926.                                    purposes of implementing the
ADDRESSES: Commanding General, U.S.            Submit Expressions of Interest to:         provisions of the Defense Base Closure
Army Medical Research and Materiel           Guam Economic Development                    and Realignment Act of 1990, as
Command, ATTN: Command Judge                 Authority: BRAC GOVGUAM, Steering            amended, is the Government of Guam,
Advocate, MCMR–JA, 504 Scott Street,         Committee, Office of the Governor, PO        represented by the Guam Economic
Fort Detrick, Frederick, Maryland            Box 2950, Agana, Guam 96932.                 Development Authority: BRAC
21702–5012.                                                                               GOVGUAM Steering Committee, Office
                                             FOR FURTHER INFORMATION CONTACT: Rich
FOR FURTHER INFORMATION CONTACT: Mr.                                                      of the Governor, PO Box 2950, Agana,
                                             A. Engel, Director, Department of the
Charles Harris, Patent Attorney, 301–                                                     Guam 96932. The point of contact is Mr.
                                             Navy, Real Estate Operations, Naval
619–2065, or FAX 301–619–5034.                                                            Joe T. San Agustin, Administrator,
                                             Facilities Engineering Command, 1322
SUPPLEMENTARY INFORMATION: The
                                                                                          BRAC GOVGUAM Steering Committee,
                                             Patterson Avenue, SE, Suite 1000,
inventions describe a novel strain of                                                     telephone (671) 475–1080.
                                             Washington, DC 20374–5065, telephone
dengue virus derived by empirical            (202) 685–9203; or J. M. Kilian, Director,   Surplus Property Description
passage of the virus in primary dog          Real Estate Division, Pacific Division,        The following is a listing of the
kidney cell cultures. Passage of these       Naval Facilities Engineering Command,        remaining land and facilities at Naval
cells selected for modified strains of       Pearl Harbor, HI 96860–7300, telephone       Air Station, Agana, Guam which
dengue virus that are attenuated in          (808) 471–3217.                              includes SRF Guam, NAS Agana Officer
humans. Human inoculation has                SUPPLEMENTARY INFORMATION: In 1991,          Housing Area and the appropriate Guam
demonstrated that the strains are safe,      the Naval Air Station, Agana, Guam,          Land Use Plan (GLUP) 94 parcels that
cause minimal side reactions, but result     was designated for realignment               were declared surplus to the Federal
in infections that stimulate immune          pursuant to the Defense Base Closure         Government on March 18, 1999.
responses to the virus. It is thought that   and Realignment Act of 1990, Pub. L.
this immunity will protect the               101–510, as amended. Further, in 1995,       Land
recipients from natural infection and        this designation was revised to reflect        Approximately 2,903 acres of
diseases caused by the virus strains. The    complete closure. Pursuant to this           improved and unimproved fee simple
invention of Provisional Application SN      revised designation, the remaining land      land designated at the following
60/126,316 relates to the description of     and facilities at these installations were   locations: SRF GUAM 100 acres;
the use of Vero and other cell lines for     on October 5, 1995, declared surplus to      COMNAVMARIANAS 1,853 acres; PWC
the production and manufacture of            the Federal Government and available         Guam 858 acres and NAS Agana 92
dengue vaccines.                             for use by (a) non-federal public            acres. In general, all areas will be
Gregory D. Showalter,                        agencies pursuant to various statutes        available upon the closure of the Naval
Army Federal Register Liaison Officer.       which authorize conveyance of property       Air Station, Agana anticipated for July
[FR Doc. 99–18012 Filed 7–14–99; 8:45 am]    for public projects, and (b) homeless        1999.
BILLING CODE 3710–08–M                       provider groups pursuant to the Stewart
                                                                                          Buildings
                                             B. McKinney Homeless Assistance Act
                                             (42 U.S.C. 11411), as amended.                 The following is a summary of the
DEPARTMENT OF DEFENSE                                                                     buildings and improvements located at
                                             Election To Proceed Under New                the following locations:
Department of the Navy                       Statutory Procedures
                                                                                          SRF GUAM—71 structures/improvements
                                                Subsequently, the Base Closure              consisting of 496,192 total square feet;
Community Redevelopment Authority            Community Redevelopment and                  COMNAVMARIANAS—12 structures/
and Available Surplus Buildings and          Homeless Assistance Act of 1994 (Pub.          improvements consisting of 35,798 square
Land at Military Installations               L. 103–421) was signed into law.               feet;
Designated for Closure; Naval Air            Section 2 of this statute gives the          PWC—43 structures/improvements
Station, Agana, Guam                                                                        consisting of 105,539 square feet, and;
                                             redevelopment authority at base closure
                                                                                          NAS Agana—74 structures/improvements
AGENCY:   Department of the Navy, DOD.       sites the option of proceeding under           consisting of 245,600 square feet.
ACTION:   Notice.                            new procedures with regard to the
                                             manner in which the redevelopment              Property numbers are available on
SUMMARY:  This Notice provides               plan for the base is formulated and how      request.
information regarding the                    requests are made for future use of the      SRF Guam Ship Repair Facility, Facility R96,
redevelopment authority that has been        property by homeless assistance                Berth/Pier, no area available, Berths L1,L2,
established to plan the reuse of the         providers and non-federal public               M, N, O, P, Q, approximately 3,450 lineal
Naval Air Station, Agana, Guam, the          agencies.                                      feet
surplus property that is located at that        Also, pursuant to paragraph (7)(b) of       Miscellaneous cranes and shipyard
base closure site, and the timely election   the Defense Base Closure and                 related equipment as determined excess
by the redevelopment authority to            Realignment Act of 1990, as amended          by Navy.
                           Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                                   38185

Bldg. 20, Administrative Office/Various          Bldg. 2074, Electrical Shop, 4,200 SF           Former Naval Air Station, Agana(Tiyan)
  Shops, 138,734 SF Various Trade Shops,         Bldg. 2075, Weather Shelter, 72 SF                Officer Housing Area Parcel (Map 16) Area:
  72,750 SF                                      Bldg. 2076, Sentry House, 72 SF                   92 acres, Improvement: 136 housing units
Bldg. 22, Paint and Blasting Building, 26,400    Bldg. 2077, Sentry House 294 SF                   in 73 buildings and related structures,
  SF                                             Bldg. 2078, L.P. Air Compressor Bldg., 2,400      233,600 SF
Bldg. 23, Ready Storage, 1,920 SF                  SF                                            Bldg. 1307, Minimart facility, 12,000 SF
Bldg. 24, Public Toilet, 738 SF                  Bldg. 2081, Temporary Service Shop, 300 SF
Bldg. 25, Installation Restaurant, 3,840 SF      Bldg. 2100, Paint and Blasting Shelter, 2,400   Expressions of Interest
Bldg. 26, Sound Survey Facility, no area           SF                                              Pursuant to paragraph 7(C) of section
  specified                                      Bldg. 2102, Public Toilet, 192 SF               2905(b) of the Defense Base Closure and
Bldg. 28, Quebec Compressed Air Plant,           Bldg. 2108, Quality Assurance Office, 8,330     Realignment Act of 1990, as amended
  1,824 SF                                         SF
Bldg. 29, Electrical Shop, 144 SF                                                                by the Base Closure Community
                                                 Bldg. 2109, Ship/Spare Storage Facility,
Bldg. 30, Foundry, 11,880 SF                       29,544 SF
                                                                                                 Redevelopment and Homeless
Bldg. 31, Utility System Storage, 488 SF                                                         Assistance act of 1994, State and local
                                                 Commander, U.S. Forces Marianas Parcels         governments, representatives of the
Bldg. 33, Utility System Storage, 440 SF
                                                 (GLUP 94 Parcels)
Bldg. 36, Ready Storage, 1,350 SF                                                                homeless, and other interested parties
Bldg. 38, Utility System Storage, 600 SF         GLUP 1994 Parcel N3, Harmon Annes               located in the vicinity of the Naval Air
Bldg. 39, Ready Storage, 1,350 SF                  (Former Naval Printing Facility) (Map 2)      Station, Agana, Guam, shall submit to
Bldg. 40, Operational Storage, 742 SF              Area: 7 acres, Improvements: Bldg. 50,
                                                   Former Printing Plant, 13, 428 SF
                                                                                                 the redevelopment authority a notice of
Bldg. 41, Paint and Blasting Building, 900 SF
Bldg. 42, Operational Storage, 2,000 SF          GLUP 1994 Parcel N5, NCTAMS Barrigada           interest, of such governments,
Bldg. 43, Ready Storage, 9,000 SF                  (Map 3) Area: 773 acres, Improvements:        representatives and parties in the above
Bldg. 93–1, Instructional Building/Shop,           Bldg. 31, Helix House, 594 SF; Bldg. 31A,     described surplus property, or any
  4,138 SF                                         Loran Building, 3,960 SF                      portion thereof. A notice of interest
Bldg. 94, Driver Change House, 120 SF            GLUP 1994 Parcel N10B, NIMITZ Hill vacant       shall describe the need of the
Facility 95, Playing Field, no area available      lands (Map 4), Area: 183 acres,               government, representative, or party
Bldg. 102, Electronics Shop, 2,560 SF              Improvements: none                            concerned for the desired surplus
Facility 107, Flagpole, no area available        GLUP 1994 Parcel N12, SASA Valley/Tenjo
Bldg. 2001A, Temporary Service Shop, 5,640         Vista fuel Farm area (Map 5) Area: 573
                                                                                                 property. Pursuant paragraphs 7(C) and
  SF                                               acres, Improvements: none                     (D) of said section 2905(b), the
Bldg. 2002, Storage, 6,000 SF                    GLUP 1994 Parcel N14, Polaris Point (Map 6)     redevelopment authority shall assist
Bldg. 2003, Fire Protection Building, 315 SF       Area: 82 acres, Improvements: none            interested parties in evaluating the
Bldg. 2004, Maintenance Storage Building,        GLUP 1994 Parcel N15, New APRA Heights          surplus property for the intended use
  4,336 SF                                         (Map 7) Area: 102 acres, Improvements:        and publish in a newspaper of general
Bldg. 2006, Administrative Office, 4,000 SF        none                                          circulation in Guam the date by which
Bldg. 2008, Administrative Office,               GLUP 1994 Parcel N16, Route 2a (Map 8)          expressions of interest must be
  Gymnasium, 9,556 SF                              Area: 15 acres, Improvements: none
Bldg. 2009, Operational Storage, 4,500 SF        GLUP 1994 Parcel N17, Rizal Beach (Map 9)
                                                                                                 submitted.
Bldg. 2010, Operational Storage, 4,500 SF          Area: 16 acres, Improvements: none              Dated: July 7, 1999.
Bldg. 2013, Boilermaking Shop, 1,760 SF          GLUP 1991 Parcel N19, NAVACTS Ordnance          Ralph W. Corey,
Bldg. 2014, Hazardous Waste Storage, 1,600         Annex North Parcels (Map 10), Area: 102       Commander, Judge Advocate General’s Corps,
  SF                                               acres, Improvements: 17 housing units in      U.S. Navy, Alternate Federal Register Liaison
Facility 2015, Paved Areas, 3,996 SF               9 buildings and related structures, 17,816    Officer.
Bldg. 2015, Paved Areas, 3,996 SF                  SF
Bldg. 2016, Service Shop, 4,150 SF                                                               [FR Doc. 99–18074 Filed 7–14–99; 8:45 am]
                                                 Navy Public Works Center Parcels (GLUP 94
Bldg. 2028, Operational Storage, 6,150 SF        Parcels)
                                                                                                 BILLING CODE 3810–FF–P
Bldg. 2030, Sentry House, 72 SF
Bldg. 2031, Tool Shop, 2,400 SF                  GLUP 94 Parcel N2, former FAA Parcel (Map
Bldg. 2032, Loading Ramp, 1,800 SF                 11), Area: 698 acres, Improvements: none      DEPARTMENT OF DEFENSE
Bldg. 2039, Service Shop, 5,200 SF               GLUP 94 Parcel N4B, Marine Drive Utility
Bldg. 2040, Temporary Service Shop, 1,200          Parcel (Map 12), Area: 25 acres Note:         Department of the Navy
  SF                                               Harmon electric substation is not included
Bldg. 2041, Wood Working Shop, 1,200 SF            in this notice of availability and will be    Notice of Public Hearing for and
Bldg. 2042, Operational Storage, 4,500 SF          conveyed pursuant to terms of enabling
                                                                                                 Availability of the Draft Environmental
Bldg. 2043, Operational Storage, 4,500 SF          legislation covering Navy electric utility
                                                   facilities on Guam. Improvements: Bldg.       Impact Statement for Disposal and
Bldg. 2044, Operational Storage, 4,500 SF
                                                   691, Cable House, 2,250 SF                    Reuse of Naval Air Station (NAS) South
Bldg. 2049, Ready Storage, 6,800 SF
Bldg. 2053, Ready Storage, 4,000 SF              GLUP 94 Parcel N4C, Tamuning Telephone          Weymouth, MA
Bldg. 2054, Ready Storage, 4,000 SF                Exchange (Map 13) Area: 2 acres,
                                                                                                 AGENCY:   Department of the Navy, DOD.
Bldg. 2055, Ready Storage, 9,400 SF                Improvements: Bldg. 405, Telephone
Bldg. 2056A, Operational Storage, 4,600 SF         Exchange Building 4,867SF                     ACTION:   Notice.
Bldg. 2057, Boilermaker Shop, 2,500 SF           GLUP 94 Parcel N4D, Agana Power Plant
                                                   (Map 13) Area: 6 acres, Improvements:
                                                                                                 SUMMARY:   The Department of the Navy
Bldg. 2060, Administrative Office, 39,125 SF
Bldg. 2061, Electric Shop, 1,200 SF                Power Plant building totaling 16,902SF        (Navy) has prepared and filed with the
Bldg. 2062, Gymnasium, 1,200 SF                    Conditions for release under BRAC             U.S. Environmental Protection Agency
Bldg. 2063, Boilermaker/Boat Shop, 6,600 SF        program: determination that property          (EPA) the Draft Environmental Impact
Bldg. 2064, Ready Storage, 2,064 SF                cannot be processed for disposal in           Statement (DEIS) for Disposal and Reuse
Bldg. 2068, Temporary Service Shop, 5,814          accordance with the Customer Service          of NAS South Weymouth, MA. A public
  SF                                               Agreement.                                    hearing will be held to receive oral and
Bldg. 2069, Temporary Service Shop, 1,232        GLUP 94 Parcel N10A, MIMITZ Hill enlisted       written comments on the DEIS. Federal,
  SF                                               housing (Map 14) Area: 120 acres,             state, and local agencies and interested
Bldg. 2070, Service Shop, 4,265 SF                 Improvement: 80 housing units in 40
                                                   buildings and related structures, 81,520 SF
                                                                                                 parties are invited to be present at the
Bldg. 2071, Public Toilet, 27 SF SF
Bldg. 2072, Filling Station, no area available   GLUP 94 Parcel N18, Old APEA Heights            hearing.
Bldg. 2073, Hazardous Storage Building, 999        (Map 15) Area: 13 acres, Improvements:        DATES: The meeting will be held on
  SF                                               none                                          Wednesday, August 4, 1999 at 7 p.m.
38186                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

ADDRESSES:    Abigail Adams Intermediate      and to solicit and receive oral and          Space and Naval Warfare Systems
School, 89 Middle Street, Weymouth,           written comments. The hearing will be        Center, Code D0012, 53510 Silvergate
MA 02189.                                     held on Wednesday, August 4, 1999 at         Ave., Rm 103, San Diego, CA 92152–
FOR FURTHER INFORMATION CONTACT: Mr.          the Abigail Adams Intermediate School,       5765, telephone (619) 553–3001.
Robert Ostermueller, Northern Division,       89 Middle Street, Weymouth, MA               (Authority: 35 U.S.C. 207, 37 CFR part 404)
Naval Facilities Engineering Command,         02189. The hearing will begin at 7 p.m.        Dated: July 17, 1999.
10 Industrial Highway, MSC 82, Lester,           Federal, state, and local agencies and
                                                                                           Ralph W. Corey,
PA 19113, telephone (610) 595–0759.           interested parties are encouraged to
                                              attend or be represented at the meeting.     Commander, Judge Advocate General’s Corps,
SUPPLEMENTARY INFORMATION: Pursuant                                                        U.S. Navy, Alternate Federal Register Liaison
to section 102(2)(c) of the National          Oral statements will be heard and
                                                                                           Officer.
Environmental Policy Act of 1969, as          transcribed by a stenographer; however,
                                                                                           [FR Doc. 99–18076 Filed 7–14–99; 8:45 am]
implemented by the Council on                 to assure the accuracy of the record,
                                                                                           BILLING CODE 3810–FF–P
Environmental Quality regulations (40         statements should be submitted in
CFR parts 1500–1508), Navy has                writing. All statements, both oral and
prepared and filed with the U.S. EPA          written, will become part of the public
                                                                                           DEPARTMENT OF DEFENSE
the DEIS for the Disposal and Reuse of        record for this study and will be
NAS South Weymouth, MA.                       responded to in the Final                    Department of the Navy
   In response to the recommendations         Environmental Impact Statement. Equal
of the 1995 Base Closure and                  weight will be given to oral and written     Notice of Intent To Grant Exclusive
Realignment Commission and to the             statements.                                  Patent License; Athena Ventures
                                                 In the interest of available time, each
legislative requirements of the 1990                                                       AGENCY:   Department of the Navy, DOD.
                                              speaker will be asked to limit his/her
Base Realignment and Closure Act, NAS
                                              oral comments to five minutes. If longer     ACTION:   Notice.
South Weymouth was officially closed
                                              statements are to be presented, they
in September 1997.                                                                         SUMMARY:   The Department of the Navy
   Navy has prepared a DEIS which             should be summarized for the public
                                              hearing and submitted in written long-       hereby gives notice of a prospective
addresses the environmental impacts of                                                     license to Athena Ventures to the
disposing of NAS South Weymouth and           form at the hearing or mailed to the
                                              point of contact address listed above.       Government-owned invention described
of its potential reuse. It is Navy’s policy                                                as ‘‘SENSATE LINER FOR
to adopt the local community’s reuse          All written comments must be
                                              postmarked by August 16, 1999 to             DETERMINING HOLE SIZE AND
plan as its preferred alternative. The                                                     LOCATION.’’
preferred alternative presented in the        become part of the official record.
                                                                                           DATES: Anyone wishing to object to the
DEIS is the Final Reuse Plan developed          Dated: July 12, 1999.
                                                                                           grant of this license must file written
and approved by the South Shore Tri-          Ralph W. Corey,
                                                                                           objections along with supporting
Town Development Corporation.                 CDR, JAGC, USN, Alternate Federal Register   evidence, if any, not later than
   The Final Reuse Plan alternative is a      Liaison Officer.
                                                                                           September 13, 1999.
combination of land uses to include:          [FR Doc. 99–18075 Filed 7–14–99; 8:45 am]
Business/research and development                                                          ADDRESSES: Written objections are to be
                                              BILLING CODE 3810–FF–P
(regional headquarters, small                                                              filed with the Office of Patent Counsel,
businesses, high-technology, etc.), retail                                                 Space and Naval Warfare Systems
(super-regional retail entertainment          DEPARTMENT OF DEFENSE                        Center, D0012, 53510 Silvergate Ave.,
center/retail along Route 18), residential                                                 Rm 103, San Diego, CA 92152–5765.
(new senior housing), institutional           Department of the Navy                       FOR FURTHER INFORMATION CONTACT: Mr.
(homeless services), recreation (public                                                    Harvey Fendelman, Patent Counsel,
golf course), open space (wetlands and        Notice of Availability of Inventions for     Space and Naval Warfare Systems
parks), and infrastructure (roads). The       Licensing; Government-Owned                  Center, Code D0012, 53510 Silvergate
preferred alternative would generate          Inventions                                   Ave., Rm 103, San Diego, CA 92152–
over 9,540 jobs at full 20-year buildout,     AGENCY:   Department of the Navy, DOD.       5765, telephone (619) 553–3001.
and would increase traffic and demand         ACTION:   Notice.                            (Authority: 35 U.S.C. 207, 37 CFR Part 404)
on utility systems in the area                                                               Dated: July 7, 1999.
substantially.                                SUMMARY:   The invention listed below is     Ralph W. Corey,
   A Notice of Availability for the DEIS      assigned to the United States
                                                                                           Commander, Judge Advocate General’s Corps,
was published in the Federal Register         Government as represented by the             U.S. Navy, Alternate Federal Register Liaison
on July 2, 1999 and the DEIS has been         Secretary of the Navy and is available       Officer.
distributed to various federal, state, and    for licensing by the Department of the       [FR Doc. 99–18077 Filed 7–14–99; 8:45 am]
local agencies, elected officials, special    Navy:
                                                                                           BILLING CODE 3810–FF–P
interest groups, the public, and the
                                              Sensate Liner for Determining Hole Size
media. In addition, copies are available
                                              and Location
for review at three repositories around
NAS South Weymouth: Burton L. Wales           ADDRESS: Requests for copies of the          DEPARTMENT OF EDUCATION
Library, Abington MA; Rockland                patent application cited should be
                                              directed to the Patent Counsel, Space        Submission for OMB Review;
Memorial Library, Rockland, MA;
                                              and Naval Warfare Systems Center,            Comment Request
Hingham Town Library, Hingham, MA;
and Weymouth Tufts Library,                   Code D0012, 53510 Silvergate Ave., Rm        AGENCY:    Department of Education.
Weymouth, MA. Single copy requests            103, San Diego, CA 92152–5765. Kindly        ACTION:   Correction notice.
for the DEIS may be directed to the           refer to N.C. 77311 when inquiring
point of contact listed previously.           about this application.                      SUMMARY:  On July 8, 1999, a 60-day
   One public hearing will be held to         FOR FURTHER INFORMATION CONTACT:             notice inviting comment from the public
inform the public of the DEIS findings        Harvey Fendelman, Patent Counsel,            was inadvertently published for the
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                            38187

Federal Direct Stafford/Ford Loan and/      Development Program, the payback            provide Indian youth with the
or Federal Direct Unsubsidized Stafford/    provisions of 34 CFR 263.1(b), 263.3,       knowledge and skills they need to make
Ford Loan Borrower Promises to Repay        and 263.35 through 263.37.                  an effective transition from school to a
His or Her Loan in the Federal Register                                                 first job in a high-skill, high-wage
                                            Selection Criteria
(64 FR 130) dated July 8, 1999. The                                                     career;
Leader, Information Management                The selection criteria are included in       (j) Programs designed to encourage
Group, Office of the Chief Information      full in the application package for this    and assist Indian students to work
Officer, hereby issues a correction         competition. These selection criteria       toward, and gain entrance into, an
notice on the submission for OMB            were established based on the               institution of higher education; or
review as required by the Paperwork         regulations for evaluating discretionary       (k) Other services that meet the
Reduction Act of 1995.                      grants found in 34 CFR 75.200 through       purpose of this program.
DATES: Interested persons are invited to    75.210.
                                                                                        Eligible Applicants
submit comments on or before August         84.299A Demonstration Grants for
16, 1999.                                                                                 Eligible applicants for this program
                                            Indian Children                             include a State educational agency,
ADDRESSES: Written comments should
                                            Purpose of Program                          LEA, Indian tribe, Indian organization,
be addressed to the Office of                                                           federally supported elementary and
Information and Regulatory Affairs,            The purpose of this program is to        secondary school for Indian students,
Attention: Danny Werfel, Desk Officer,      provide financial assistance to projects    Indian institution, including an Indian
Department of Education, Office of          to develop, test, and demonstrate the       institution of higher education, or a
Management and Budget, 725 17th             effectiveness of services and programs      consortium of such institutions that
Street, NW, Room 10235, New                 to improve the educational                  meet the requirements of 34 CFR 75.127
Executive Office Building, Washington,      opportunities and achievement of            through 75.219.
DC 20503.                                   preschool, elementary, and secondary          Available funds: $1,265,000.
  Requests for copies of the information    Indian children, through activities such      Estimated Range of Awards: $150,000
collection request should be addressed      as—                                         to $220,000.
to Vivian Reese, Department of                 (a) Innovative programs related to the     Maximum Annual Award Amount:
Education, 400 Maryland Avenue, SW,         education needs of educationally            $220,000.
Room 5624, Regional Office Building 3,      deprived children;                            Estimated Average Size of Awards:
Washington, DC 20202–4651 or should            (b) Educational services that are not    $210,000.
be electronically mailed to the internet    available to such children in sufficient      Estimated Number of Awards: 6.
address Vivian Reese@ed.gov, or             quantity or quality, including remedial       Project Period: Up to 24 months.
should be faxed to 202–708–9346.            instruction, to raise the achievement of
                                            Indian children in one or more of the       Priorities
FOR FURTHER INFORMATION CONTACT:
Joseph Schubart (202) 708–9266.             core academic subjects of English,          Competitive Preference
  Dated: July 9, 1999.
                                            mathematics, science, foreign languages,       (1) In making multiyear grants under
                                            art, history, and geography.                this program, the Secretary will award
William E. Burrow,
                                               (c) Bilingual and bicultural programs    five (5) additional points to applications
Leader, Information Management Group,       and projects;
Office of the Chief Information Officer.                                                that present a plan for combining two or
                                               (d) Special health and nutrition
[FR Doc. 99–18015 Filed 7–14–99; 8:45 am]                                               more of the activities described above
                                            services, and other related activities,
BILLING CODE 4000–01–P                                                                  over a period of more than one year.
                                            that address the special health, social,
                                            and psychological problems of Indian          Authority: Section 9121(d)(1)(B) of Subpart
                                            children;                                   2 of Part A of Title IX, Indian Education
DEPARTMENT OF EDUCATION                        (e) Special compensatory and other       Programs, of the Elementary and Secondary
                                                                                        Education Act of 1965 (the Act).
[CFDA Nos.: 84.299A, 84.299B]               programs and projects designed to assist
                                            and encourage Indian children to enter,        (2) In making grants under this
Indian Education Discretionary Grant        remain in, or reenter school, and to        program, the Secretary will award five
Programs—Demonstration Grants for           increase the rate of secondary school       (5) additional points to applications
Indian Children and Professional            graduation;                                 submitted by Indian tribes,
Development                                    (f) Comprehensive guidance,              organizations, and institutions of higher
                                            counseling, and testing services;           education, including a consortium of
AGENCY:Department of Education.
                                               (g) Early childhood and kindergarten     any of these entities with other eligible
      Notice inviting applications for
ACTION:                                                                                 entities. An application from a
                                            programs, including family-based
new awards for fiscal year (FY) 1999.                                                   consortium of eligible entities that
                                            preschool programs that emphasize
  Purpose of Program: The purpose of        school readiness and parental skills, and   meets the requirements of 34 CFR
each program is included in this notice     the provision of services to Indian         75.127 through 75.129 and includes an
under the programmatic information for      children with disabilities;                 Indian tribe, organization, or institution
the program.                                   (h) Partnership projects between local   of higher education shall be considered
  Deadline for Transmittal of               educational agencies (LEAs) and             eligible to receive the five (5) additional
Applications: August 16, 1999.              institutions of higher education that       priority points.
  Deadline for Intergovernmental            allow secondary school students to            Authority: 20 U.S.C. 7873.
Review: October 18, 1999.                   enroll in courses at the postsecondary
  Applications Available: July 16, 1999.    level to aid these students in the          Invitational Priorities
  Applicable Regulations: (a) The           transition from secondary school to           While applicants may propose any
Education Department General                postsecondary education;                    project within the scope of section
Administrative Regulations (EDGAR) in          (i) Partnership projects between         9121(c) of the Act, the Secretary is
34 CFR parts, 74, 75, 77, 79, 80, 81, 82,   schools and local businesses for school-    particularly interested in applications
85, and 86; and (b) for the Professional    to-work transition programs designed to     that meet one or more of the following
38188                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

invitational priorities. However, an         Fiscal Information                           Department is not able to reproduce in
application that meets one or more of          For the payment of stipends to project     an alternate format the standard forms
the invitational priorities does not         participants being trained, the Secretary    included in the application package.
receive competitive or absolute              expects to set the stipend maximum at        Electronic Access to This Document
preference over other applications.          $1000 per month for full-time students
  Invitational Priority 1—School                                                             Anyone may view this document, as
                                             and $125 allowance per month per
readiness projects that provide age                                                       well as all other Department of
                                             dependent during the academic year.
appropriate educational programs and                                                      Education documents published in the
                                             The terms ‘‘stipend,’’ ‘‘full-time
language skills to three- and four-year                                                   Federal Register, in text or portable
                                             student,’’ and ‘‘dependent allowance’’
old Indian students to prepare them for                                                   document format (pdf) on the World
                                             are defined in 34 CFR 263.3.
successful entry into school at the                                                       Wide Web at either of the following
Kindergarten school level.                   Priorities                                   sites:
  Invitational Priority 2—Partnership        Competitive Preference                       http://ocfo.ed.gov/fedreg.htm
projects between LEAs and institutions                                                    http://www.ed.gov/news.html
of higher education that provide               (1) The Secretary will award five (5)      To use the pdf you must have the Adobe
programs and coursework for high             additional points to applications for        Acrobat Reader Program with Search,
school Indian students to prepare them       programs that include only Indian            which is available free at either of the
for successful entry into an accredited      individuals as training participants.        previous sites. If you have questions
post-secondary institution of higher           Authority: Section 9122(e)(2); 20 U.S.C.   about using the pdf, call the U.S.
education.                                   7832(e)(2).                                  Government Printing Office toll free at
  Program Authority: 20 U.S.C. 7831.            (2) The Secretary will award five (5)     1–888–293–6498.
84.299B   Professional Development           additional points to applications               Note: The official version of this document
                                             submitted by Indian tribes,                  is published in the Federal Register.
Purpose of Program                           organizations, and institutions of higher       Dated: July 9, 1999.
  The purposes of this program are to        education. A consortium application of       Judith Johnson,
(1) increase the number of qualified         eligible entities that meets the             Acting Assistant Secretary for Elementary and
Indian individuals in professions that       requirements of 34 CFR 75.127 through        Secondary Education.
serve Indian people; (2) provide training    75.129 and includes an Indian tribe,         [FR Doc. 99–17974 Filed 7–14–99; 8:45 am]
to qualified Indian individuals to           organization or institution of higher        BILLING CODE 4000–01–M
become teachers, administrators, teacher     education shall be considered eligible to
aides, social workers, and ancillary         receive the five (5) additional priority
educational personnel; and (3) improve       points.
                                                                                          DEPARTMENT OF ENERGY
the skills of qualified Indian individuals     Authority: 20 U.S.C. 7873.
who serve in the capacities described in        Invitational Priority: Pre-service        Federal Energy Regulatory
(2). Activities may include, but are not     training programs in education or            Commission
limited to, continuing programs,             related areas that will enable
                                                                                          [Docket No. RP99–254–002]
symposia, workshops, conferences, and        participants to complete a bachelor’s
direct financial support.                    degree and meet state certification          Destin Pipeline Company, L.L.C.;
  Grants for training educational            requirements for teachers at the             Notice of Proposed Changes to FERC
personnel may be for preservice or           elementary, middle or secondary school       Gas Tariff
inservice training. For individuals who      level by conclusion of the project
are being trained to enter any field other   period. However, an application that         July 9, 1999.
than education, the training received        meets this invitational priority does not       Take notice that on July 2, 1999,
must be in a program resulting in a          receive competitive or absolute              Destin Pipeline Company, L.L.C.
graduate degree.                             preference over other applications.          (Destin) tendered for filing to become
                                                Program Authority: 20 U.S.C. 7832.        part of its FERC Gas Tariff, Original
Eligible Applicants
                                                For Applications or Information           Volume No. 1, First Substitute, Original
  Eligible applicants for this program       Contact: Cathie Martin, Office of Indian     Sheet No. 94(a), to become effective
are institutions of higher education,        Education, U.S. Department of                September 1, 1999.
including Indian institutions of higher      Education, 400 Maryland Avenue, SW,             Destin states that the purpose of this
education; State or local educational        Room 3W115, Washington, DC 20202–            filing is to comply with the
agencies, in consortium with                 6335. Telephone: (202) 260–3774.             Commission’s letter order dated June 17,
institutions of higher education; and        Individuals who use a                        1999 in the above-referenced docket by
Indian tribes or organizations, in           telecommunications device for the deaf       clarifying that Destin will provide
consortium with institutions of higher       (TDD) may call the Federal Information       shippers with information regarding the
education. An application from a             Relay Service (FIRS) at 1–800–877–8339       points at which scheduled volumes are
consortium of eligible entities must         between 8 a.m. and 8 p.m., Eastern time,     being bumped due to capacity
meet the requirements of 34 CFR 75.127       Monday through Friday.                       allocation. Destin has requested that this
through 75.129.                                 Individuals with disabilities may         sheet be made effective as of September
  Available Funds: $2,000,000.               obtain this document in an alternative       1, 1999.
  Estimated Range of Awards: $250,000        format (e.g., Braille, large print,             Destin states that copies of the filing
to $300,000.                                 audiotape, or computer diskette) on          will be served upon its shippers and
  Esitmated Average Size of Awards:          request of the person listed in the          interested state commissions.
$285,714.                                    preceding paragraph.                            Any person desiring to protest this
  Maximum Annual Award Amount:                  Individuals with disabilities may         filing should file a protest with the
$300,000.                                    obtain a copy of the application package     Federal Energy Regulatory Commission,
  Estimated Number of Awards: 7.             in an alternative format, also, by           888 First Street, NE, Washington, DC
  Project Period: Up to 24 months.           contacting that person. However, the         20426, in accordance with section
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                              38189

385.211 of the Commission’s rules and        accordance with the requirements of the         Kern River states that a copy of this
regulations. All such protests must be       Commission’s Rules of Practice and           filing has been served upon its affected
filed as provided in section 154.210 of      Procedure (18 CFR 385.214 and                customers and interested state
the Commission’s regulations. Protests       385.211) and the Regulations under the       regulatory commissions.
will be considered by the Commission         Natural Gas Act (18 CFR 157.10). All            Any person desiring to protest said
in determining the appropriate action to     protests filed with the Commission will      filing should file a protest with the
be taken, but will not serve to make         be considered by it in determining the       Federal Energy Regulatory Commission,
protestants parties to the proceedings.      appropriate action to be taken but will      888 First Street, NE, Washington, DC
Copies of this filing are on file with the   not serve to make the protestants parties    20426, in accordance with section
Commission and are available for public      to the proceeding. Any person wishing        385.211 of the Commission’s Rules and
inspection in the Public Reference           to become a party to a proceeding or to      Regulations. All such protests must be
Room. This filing may be viewed on the       participate as a party in any hearing        filed on or before July 16, 1999. Protests
web at http://www.ferc.fed.us/online/        therein must file a motion to intervene      will be considered by the Commission
rims.htm (call 202–208–2222 for              in accordance with the Commission’s          in determining the appropriate action to
assistance).                                 Rules. The authorized contact person is      be taken, but will not serve to make
Linwood A. Watson, Jr.,                      Robert A. Nailling, Senior Counsel,          protestants parties to the proceedings.
Acting Secretary.                            Distrigas of Massachusetts Corporation,      Copies of this filing are on file with the
[FR Doc. 99–17991 Filed 7–14–99; 8:45 am]    75 State Street, 12th Floor, Boston,         Commission and are available for public
                                             Massachusetts 02109, (617) 526–8300.         inspection in the Public Reference
BILLING CODE 6717–01–M
                                                Take further notice that, pursuant to     Room. This filing may be viewed on the
                                             the authority contained in and subject to    web at http://www.ferc.fed.us/online/
DEPARTMENT OF ENERGY                         jurisdiction conferred upon the Federal      rims.htm (call 202–208–2222 for
                                             Energy Regulatory Commission by              assistance).
Federal Energy Regulatory                    Section 15 of the Natural Gas Act and        Linwood A. Watson, Jr.,
Commission                                   the Commission’s Rules of Practice and       Acting Secretary.
[Docket No. CP99–572–000]                    Procedure, a hearing will be held            [FR Doc. 99–17984 Filed 7–14–99; 8:45 am]
                                             without further notice before the            BILLING CODE 6717–01–M
Distrigas of Massachusetts                   Commission or its designee on this
Corporation; Notice of Application           application, if no motion to intervene is
                                             filed within the time required herein, if    DEPARTMENT OF ENERGY
July 9, 1999.
                                             the Commission on its own review of
   Take notice that on June 30, 1999,        the matter finds that a grant of the         Federal Energy Regulatory
Distrigas of Massachusetts Corporation       certificate is required by the public        Commission
(DOMAC) file an abbreviated                  convenience and necessity. If a motion       [Docket No. RP99–430–000]
application for a certificate of public      for leave to intervene is timely filed, or
convenience and necessity and request        if the Commission on its motion              Petal Gas Storage Company; Notice of
for shortened procedures requesting                                                       Proposed Changes in FERC Gas Tariff
                                             believes that a formal hearing is
authority to install, operate, and
                                             required, further notice of such hearing     July 9, 1999.
maintain a new supplemental hot water
                                             will be duly given.                             Take notice that on July 2, 1999, Petal
heater at its liquefied natural gas (LNG)
                                                Under the procedure herein provided       Gas Storage Company (Petal) tendered
terminal in Everett, Massachusetts. This
                                             for, unless otherwise advised, it will be    for filing as part of its FERC Gas Tariff,
filing may be viewed on the web at
                                             unnecessary for DOMAC to appear or be        First Revised Volume No. 1, Fourth
http://www. ferc.fed.us/online/rims.htm
                                             represented at the hearing.                  Revised Sheet No. 129, with a proposed
(please call (202) 208–2222 for
assistance).                                 Linwood A. Watson, Jr.,                      effective date of August 1, 1999.
   DOMAC states that it requires the new     Acting Secretary.                               Petal states that its filing is made in
supplemental hot water heater to             [FR Doc. 99–17983 Filed 7–14–99; 8:45 am]    compliance with the directive of Order
replace an inoperable supplemental           BILLING CODE 6717–01–M                       No. 587–K, issued on April 2, 1999, in
heater, in order to ensure operational                                                    Docket No. RM96–1–011, requiring
reliability and flexibility during ship                                                   interstate pipelines to file tariff sheets to
unloadings and periods of high demand        DEPARTMENT OF ENERGY                         conform their tariffs to Version 1.3 of
and to provide supplemental service to                                                    the standards and data sets promulgated
the hot water system supporting              Federal Energy Regulatory                    by the Gas Industry Standards Board.
DOMAC’s medium-pressure                      Commission                                      Petal states that Fourth Revised Sheet
vaporization facilities. DOMAC has also      [Docket No. GT99–42–001]
                                                                                          No. 129 has been revised to incorporate
requested issuance of temporary                                                           by reference the Version 1.3 standards
authority by August 9, 1999, if the          Kern River Gas Transmission                  and data sets identified in Order No.
Commission has not granted a certificate     Company; Notice of Correction to             587–K.
by that date, in order to complete           Refund Report                                   Any person desiring to be heard or to
installation and testing by the beginning                                                 protest said filing should file a motion
of an anticipated period of increased        July 9, 1999.                                to intervene or a protest with the
terminal send out.                             Take notice that on July 2, 1999, Kern     Federal Energy Regulatory Commission,
   Any person desiring to be heard or to     River Gas Transmission Company (Kern         888 First Street, NE, Washington, DC
make any protest with reference to said      River) tendered for filing a corrected       20426, in accordance with sections
application should on or before July 30,     schedule detailing the Gas Research          385.214 or 385.211 of the Commission’s
1999, file with the Federal Energy           Institute (GRI) refunds made to its          Rules and Regulations. All such motions
Regulatory Commission, 888 First             customers, to replace the inaccurate         or protests must be filed in accordance
Street, NE, Washington, DC 20426, a          schedule originally submitted in this        with section 154.210 of the
motion to intervene or a protest in          docket.                                      Commission’s Regulations. Protests will
38190                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

be considered by the Commission in          meeting to provide an update on the         888 First Street, NE., Washington, DC
determining the appropriate action to be    White River collaborative settlement        20426, in accordance with sections
taken, but will not serve to make           process and the role (if any) of            385.214 or 385.211 of the Commission’s
protestants parties to the proceedings.     Commission staff in these ongoing           Rules and Regulations. All such motions
Any person wishing to become a party        negotiations.                               or protests must be filed in accordance
must file a motion to intervene. Copies        We will not discuss issues dealing       with Section 154.210 of the
of this filing are on file with the         with the pending rehearing of the           Commission’s Regulations. Protests will
Commission and are available for public     Commission’s December 19, 1997, order       be considered by the Commission in
inspection in the Public Reference          issuing license for the project. We will    determining the appropriate action to be
Room. This filing may be viewed on the      restrict discussion primarily to process    taken, but will not serve to make
web at http://www.ferc.fed.us/online/       issues related to setting up and            protestants parties to the proceedings.
rims.htm (call 202–208–2222 for             conducting a collaborative settlement       Any person wishing to become a party
assistance).                                process.                                    must file a motion to intervene. Copies
Linwood A. Watson, Jr.,                        If a federal agency wishes to            of this filing are on file with the
Acting Secretary.
                                            participate by teleconference, they need    Commission and are available for public
                                            to call 1–700–991–1540 and enter access     inspection in the Public Reference
[FR Doc. 99–17995 Filed 7–14–99; 8:45 am]
                                            code 43165. A non-federal agency            Room. This filing may be viewed on the
BILLING CODE 6717–01–M
                                            should call 1–800–545–4387 and an           web at http://www.ferc.fed.us/online/
                                            operator will answer. They will need to     rims.htm (call 202–208–2222 for
                                            give the operator the conference            assistance).
DEPARTMENT OF ENERGY
                                            identification number: M36541. The          Linwood A. Watson, Jr.,
Federal Energy Regulatory                   operator will ask them for their name       Acting Secretary
Commission                                  and phone number. The AT&T
                                                                                        [FR Doc. 99–17992 Filed 7–14–99; 8:45 am]
                                            conference operator will then call them
[Docket No. EG99–92–000]                                                                BILLING CODE 6717–01–M
                                            back and they will be part of this
                                            conference call.
Trust Created Under the Agreement              Any person wishing to attend or
Dated As of June 15, 1978 For the Use                                                   DEPARTMENT OF ENERGY
                                            needing additional information should
and Benefit of PSEG Resources Inc.,         contact John Smith at (202) 219–2460 or
Sanwa Bank California, Trustee; Notice                                                  Federal Energy Regulatory
                                            e-mail at john.smith@ferc.fed.us.           Commission
of Surrender of Exempt Wholesale            Linwood A. Watson, Jr.,
Generator Status                                                                        [Docket No. CP99–574–000]
                                            Acting Secretary.
July 9, 1999.                               [FR Doc. 99–17987 Filed 7–14–99; 8:45 am]
                                                                                        Southern Natural Gas Company;
  Take notice that on July 2, 1999,         BILLING CODE 6717–01–M
                                                                                        Notice of Application
pursuant to section 365.7 of the
Commission’s regulations, 18 CFR                                                        July 9, 1999.
365.7, the Trust Created Under the          DEPARTMENT OF ENERGY                           Take notice that on July 2, 1999,
Agreement Dated As Of June 15, 1978                                                     Southern Natural Gas Company
                                            Federal Energy Regulatory
For the Use and Benefit of PSEG                                                         (Southern), AmSouth-Sonat Tower,
                                            Commission
Resources Inc., Sanwa Bank California,                                                  1900 Fifth Avenue North, Birmingham,
Trustee, filed notification that it         [Docket No. RP99–252–004]                   Alabama 35203, filed, in Docket No.
surrenders its status as an exempt                                                      CP99–574–000, an application pursuant
wholesale generator under section           Sea Robin Pipeline Company; Notice          to Sections 7(b) of the Natural Gas Act
32(a)(1) of the Public Utility Holding      of Proposed Changes to FERC Gas             and Part 157 of the Commission’s
Company Act of 1935, as amended.            Tariff                                      Regulations for an order permitting and
Linwood A. Watson, Jr.,                     July 9, 1999.                               approving the abandonment by sale to
Acting Secretary.                              Take notice that on July 2, 1999, Sea    Texas Southeastern Gas Gathering
[FR Doc. 99–17996 Filed 7–14–99; 8:45 am]   Robin Pipeline Company (Sea Robin)          Company (Texas Southeastern) of
BILLING CODE 6717–01–M                      tendered for filing as part of its FERC     certain pipelines, receiving stations, and
                                            Gas Tariff, First Revised Volume No. 1,     appurtenant facilities located in
                                            First Substitute, First Revised Sheet No.   Plaquemines and St. Bernard Parishes,
DEPARTMENT OF ENERGY                        93, to become effective September 1,        Louisiana, as more fully set forth in the
                                            1999.                                       application which is on file with the
Federal Energy Regulatory                      Sea Robin states that the purpose of     Commission and open to public
Commission                                  this filing is to comply with the           inspection. The application may be
                                            Commission’s letter order dated June 17,    viewed on the web at http://
[Project No. 2494–002]
                                            1999 in the above-referenced docket.        www.ferc.fed.us/online/rims.htm. Call
Puget Sound Energy, Inc.; Notice of         Sea Robin has stated that it will provide   (202) 208–2222 for assistance.
Meeting                                     shippers with notice of scheduled              Southern states that the proposed
                                            quantities at delivery points that are      abandonment by sale to Texas
July 9, 1999.                               being bumped.                               Southeastern will not affect the capacity
  A meeting will be convened by staff          Sea Robin states that copies of the      of Southern’s pipeline system. Southern
of the Office of Hydropower Licensing       filing will be served upon its shippers     asserts that this abandonment is in the
on July 20, 1999, at 9:30 a.m. EDT at the   and interested state commissions.           public interest because the sale of the
Commission’s Headquarters, room 62–            Any person desiring to be heard or to    facilities will reduce its operation and
26, located at 888 First Street, NE,        protest said filing should file a motion    maintenance cost, fuel and gas loss, and
Washington, DC. By letter dated July 2,     to intervene or a protest with the          capital expenditures for upgrading of
1999, Puget Sound Energy requested a        Federal Energy Regulatory Commission,       lines and receiving stations through the
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                                 38191

elimination of approximately 54.2 miles        in accordance with the Commission’s               Any person desiring to protest this
from Southern’s pipeline system.               rules.                                         filing should file a protest with the
   Southern maintains that, after the             Take further notice that, pursuant to       Federal Energy Regulatory Commission,
sale, the facilities can be classified as      the authority contained in and subject to      888 First Street, NE., Washington, DC
gathering facilities in accordance with        the jurisdiction conferred upon the            20426, in accordance with section
the Commission’s ‘‘modified primary            Commission by sections 7 and 15 of the         385.211 of the Commission’s Rules and
function’’ test. Southern indicates that       Natural Gas Act and the Commission’s           Regulations. All such protests must be
Texas Southeastern plans to use these          Rules of Practice and Procedure, a             filed as provided in Section 154.210 of
facilities to expand its pipeline facilities   hearing will be held without further           the Commission’s Regulations. Protests
and operations in the immediate areas          notice before the Commission or its            will be considered by the Commission
and continue to deliver gas into               designee on this application if no             in determining the appropriate action to
Southern’s pipeline system. Southern           motion to intervene is filed within the        be taken, but will not serve to make
states that it will also save Texas            time required herein, if the Commission        protestants parties to the proceedings.
Southeastern the cost of building              on its own review of the matter finds          Copies of this filing are on file with the
duplicate facilities. Southern says that       that permission and approval for the           Commission and are available for public
there will be no loss of service since any     proposed abandonment is required by            inspection in the Public Reference
request for service on the facilities will     the public convenience and necessity. If       Room. This filing may be viewed on the
be performed by the new owner.                 a motion for leave to intervene is timely      web at http://www.ferc.fed.us/online/
   Prior to the transfer of facilities,        filed, or if the Commission on its own         rims.htm (call 202–208–2222 for
Southern will construct, install and           motion believes that formal hearing is         assistance).
operate at the terminus of the facilities      required, further notice of such hearing       Linwood A. Watson, Jr.,
a new receiving station under its blanket      will be duly given.                            Acting Secretary.
certificate pursuant to section                   Under the procedure herein provided         [FR Doc. 99–17993 Filed 2–14–99; 8:45 am]
157.208(a) of the Commission’s                 for, unless otherwise advised, it will be      BILLING CODE 6717–01–M
regulations. Southern reports that the         unnecessary for Southern to appear or to
total cost of the station will be borne        be represented at the hearing.
solely by Texas Southeastern. Southern                                                        DEPARTMENT OF ENERGY
                                               Linwood A. Watson, Jr.,
states that, subsequent to the sale,
Southern’s shippers, If they so choose,        Acting Secretary.
                                                                                              Federal Energy Regulatory
will be able to nominate receipt               [FR Doc. 99–17997 Filed 7–14–99; 8:45 am]
                                                                                              Commission
volumes at the new receiving station.          BILLING CODE 6717–01–M
Southern says these receipt volumes                                                           [Docket No. RP99–413–000]
could include existing sources from the                                                       Viking Gas Transmission Company;
current gathering system as well as the        DEPARTMENT OF ENERGY
                                                                                              Notice of Tariff Filing
sources developed by Texas
                                               Federal Energy Regulatory
Southeastern.                                                                                 July 9, 1999.
   Southern currently provides firm and        Commission
                                                                                                 Take notice that on July 6, 1999,
interruptible transportation service                                                          Viking Gas Transmission Company
                                               [Docket No. RP99–302–001]
through the facilities. After the transfer                                                    (Viking) tendered for filing as part of its
of the facilities, Texas Southeastern          Viking Gas Transmission Company;               FERC Gas Tariff, First Revised Volume
intends to offer gathering services            Notice of Tariff Filing                        No. 1, the tariff sheets listed on
comparable to those offered by other gas                                                      Appendix A to the filing, to be effective
gathers, at negotiated rates.                  July 9, 1999.                                  August 1, 1999.
   Any questions regarding this                   Take notice that on July 6, 1999,              Viking states that the purpose of this
application should be directed to R.           Viking Gas Transmission Company                filing is to comply with Standards for
David Hendrickson at (205) 325–7114 or         (Viking) tendered or filing as part of its     Business Practices of Interstate Natural
Margaret M. Morton at (205) 325–7354,          FERC Gas Tariff, First Revised Volume          Gas Pipelines, Order No. 587–K, issued
Southern Natural Gas Company, P.O.             No. 1, the following tariff sheet to be        on April 2, 1999 in Docket No. RM96–
Box 2563, Birmingham, Alabama                  effective June 3, 1999:                        1–011, FERC Regulations Preambles
35202–2563.                                                                                   ¶ 31,072.
   Any person desiring to be heard or to       Substitute Original Sheet No. 86A
                                                                                                 Viking states that copies of this filing
make any protest with reference to said           Viking states that the purpose of this      have been served on all of Viking’s
application should on or before July 30,       filing is to comply with the                   jurisdictional customers and to affected
1999, file with the Federal Energy             Commission’s June 3, 1999 Letter Order         state regulatory commissions.
Regulatory Commission, 888 First               issued in Docket No. RP99–302–000, 87             Any person desiring to be heard or to
Street, NE., Washington, DC 20426, a           FERC ¶ 61,280 (June 3, 1999 Order). In         protest said filing should file a motion
motion to intervene or a protest in            the June 3, 1999 Order, the Commission         to intervene or a protest with the
accordance with the requirements of the        directed Viking to remove the proposed         Federal Energy Regulatory Commission,
Commission’s Rules of Practice and             revised language to Section XXIII(4) of        888 First Street, NE, Washington, DC
Procedure (18 CFR 385.211 and                  the General Terms and Conditions of            20426, in accordance with sections
385.214) and the regulations under the         Viking’s FERC Gas Tariff and to                385.214 or 385.211 of the Commission’s
Natural Gas Act (18 CFR 157.10). All           reinstate Section XXIII(d).                    Rules and Regulations. All such motions
protests filed with the Commission will           Vikings states that copies of this filing   or protests must be filed in accordance
be considered by it in determining the         have been served upon each person or           with section 154.210 of the
appropriate action to be taken but will        company named on the Commission’s              Commission’s Regulations. Protests will
not serve to make the protestants parties      service list in the above-captioned            be considered by the Commission in
to the proceeding. Any person wishing          proceeding, on Viking’s jurisdictional         determining appropriate action to be
to become a party in any proceeding            customers and to affected state                taken, but will not serve to make
herein must file a motion to intervene         regulatory commissions.                        protestants parties to the proceedings.
38192                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

Any person wishing to become a party         3. Carolina Power & Light Company               Foote Creek II, LLC’s FERC Electric
must file a motion to intervene. Copies      [Docket No. ER99–3448–000]
                                                                                          Rate Schedule No. 1 provides for sales
of this filing are on file with the                                                       under the Power Purchase Agreement
Commission and are available for public         Take notice that on July 1, 1999,         between Foote Creek II, LLC and
inspection in the Public Reference           Carolina Power & Light Company               Bonneville Power Administration. Foote
Room. This filing may be viewed on the       (CP&L), tendered for filing an executed      Creek II, LLC is a Delaware limited
web at http://www.ferc.fed.us/online/        Service Agreement with West Penn             liability company that proposes to
rims.htm (call (202–208–2222 for             Power Company under the provisions of        engage in the wholesale sale of Electric
assistance).                                 CP&L’s Market-Based Rates Tariff, FERC       power in the state of Wyoming and has
Linwood A. Watson, Jr.,
                                             Electric Tariff No. 4.                       its address in San Diego, California.
                                                CP&L is requesting an effective date of      Comment date: July 21, 1999, in
Acting Secretary.
                                             June 23, 1999, for this Agreement.           accordance with Standard Paragraph E
[FR Doc 99–17994 Filed 7–14–99; 8:45 am]
                                                Copies of the filing were served upon     at the end of this notice.
BILLING CODE 6717–01–M
                                             the North Carolina Utilities Commission
                                             and the South Carolina Public Service        6. New England Power Pool
                                             Commission.                                  [Docket No. ER99–3452–000]
DEPARTMENT OF ENERGY
                                                Comment date: July 21, 1999, in              Take notice that on July 1, 1999, the
Federal Energy Regulatory                    accordance with Standard Paragraph E         New England Power Pool Participants
Commission                                   at the end of this notice.                   Committee tendered for filing for
                                             4. Southern Company Services, Inc.           acceptance six signature pages to the
[Docket No. ER94–1478–016, et al.]                                                        New England Power Pool (NEPOOL),
                                             [Docket No. ER99–3449–000]                   Agreement dated September 1, 1971, as
Electrade Corporation, et al. Electric          Take notice that on July 1, 1999,         amended, signed by American Electric
Rate and Corporate Regulation Filings        Southern Company Services, Inc. (SCS),       Power Service Corporation (AEP Service
                                             acting on behalf of Alabama Power            Corporation), Kentucky Power Company
July 8, 1999.                                Company, Georgia Power Company,              (Kentucky Power), Indiana Michigan
  Take notice that the following filings     Gulf Power Company, Mississippi              Power Company (Indiana Michigan
have been made with the Commission:          Power Company, and Savannah Electric         Power), Ohio Power Company (Ohio
1. Electrade Corporation                     and Power Company (collectively              Power), Columbus Southern Power
                                             referred to as Southern Company),            Company (Columbus Southern) and
[Docket No. ER94–1478–016]                   tendered for filing four (4) service         Appalachian Power Company
  Take notice that on June 30, 1999, the     agreements for firm point-to-point           (Appalachian Power). The NEPOOL
above-mentioned power marketer filed a       transmission service between SCS, as         Agreement has been designated
quarterly report with the Commission in      agent for Southern Company, and (i)          NEPOOL FPC No. 2.
the above-mentioned proceeding for           Public Service Company of Colorado,             The Participants Committee states
information only. This filing is available   (ii) AEP Companies, (iii) Alabama            that the Commission’s acceptance of the
for public inspection and copying in the     Electric Cooperative. and (iv) El Paso       signature pages of AEP Service
Public Reference Room or on the web at       Power Services Company; one (1)              Corporation, Kentucky Power, Indiana
www.ferc.fed.us/online/rims.htm for          service agreement for non-firm point-to-     Michigan Power, Ohio Power,
viewing and downloading (call 202–           point transmission service between SCS,      Columbus Southern and Appalachian
208–2222 for assistance).                    as agent for Southern Company, and           Power (the AEP Companies) would
                                             Public Service Company of Colorado;          permit NEPOOL to expand its
2. Nordic Electric, L.L.C. and Alliance
                                             and one Notice of Cancellation of the        membership to include the AEP
Energy Services
                                             non-firm point-to-point transmission         Companies. The Participants Committee
[Docket No. ER96–127–007 and Docket No.      service agreement between SCS, as            further states that the filed signature
ER99–1945–001]                               agent for Southern Company, and              pages do not change the NEPOOL
  Take notice that on June 28, 1999, the     Engage Energy US, L.P., under the Open       Agreement in any manner, other than to
above-mentioned power marketers filed        Access Transmission Tariff of Southern       make the AEP Companies members in
quarterly reports with the Commission        Company (FERC Electric Tariff, Original      NEPOOL.
in the above-mentioned proceedings for       Volume No. 5).                                  The Participants Committee requests
information only. These filings are             Comment date: July 21, 1999, in           an effective date of July 1, 1999, for
available for public inspection and          accordance with Standard Paragraph E         commencement of participation in
copying in the Public Reference Room         at the end of this notice.                   NEPOOL by the AEP Companies.
or on the web at www.ferc.fed.us/                                                            Comment date: July 21, 1999, in
                                             5. Foote Creek II, LLC
online/rims.htm for viewing and                                                           accordance with Standard Paragraph E
downloading (call 202–208–2222 for           [Docket No. ER99–3450–000]                   at the end of this notice.
assistance).                                    Take notice that on July 1, 1999, Foote   7. The Dayton Power and Light
3. Wisconsin Power & Light Company           Creek II, LLC a Delaware limited             Company
                                             liability company, tendered for filing
[Docket No. ER98–3722–000]                   pursuant to Rule 205, 18 CFR 385.205,        [Docket No. ER99–3454–000]
   Take notice that on July 1, 1999,         a petition for blanket waivers and             Take notice that on July 1, 1999, The
Wisconsin Power & Light Company              blanket approvals under various              Dayton Power and Light Company
tendered for filing an amendment to its      regulations of the Commission                (Dayton), tendered for filing service
December 10, 1998 filing, in the above-      including authority to sell electricity at   agreements with Consumers Energy
referenced docket.                           market-based rates and for an order          Company under the terms of Dayton’s
   Comment date: July 21, 1999, in           accepting its FERC Electric Rate             Open Access Transmission Tariff.
accordance with Standard Paragraph E         Schedule No. 1 to be effective on June         Dayton requests an effective date of
at the end of this notice.                   30, 1999.                                    one day subsequent to this filing for the
                        Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                            38193

service agreements. Accordingly,            the amendment will allow Owensville            Niagara Mohawk requests an effective
Dayton requests waiver of the               to participate in a voluntary curtailment   date of June 24, 1999. Niagara Mohawk
Commission’s notice requirements.           program similar to that applicable to its   has requested waiver of the notice
   Copies of this filing were served upon   retail electric service customers in        requirements for good cause shown.
with Consumers Energy Company and           Missouri.                                      Niagara Mohawk has served copies of
the Public Utilities Commission of Ohio.       UE has proposed to make the Second       the filing upon the New York State
   Comment date: July 21, 1999, in          Amendment effective on July 2, 1999.        Public Service Commission and Agway.
accordance with Standard Paragraph E           Comment date: July 21, 1999, in             Comment date: July 21, 1999, in
at the end of this notice.                  accordance with Standard Paragraph E        accordance with Standard Paragraph E
                                            at the end of this notice.                  at the end of this notice.
8. The Dayton Power and Light
Company                                     11. Niagara Mohawk Power                    13. Cinergy Services, Inc.
                                            Corporation
[Docket No. ER99–3455–000]                                                              [Docket No. ER99–3460–000]
                                            [Docket No. ER99–3458–000]
   Take notice that on July 1, 1999, The                                                   Take notice that on July 1, 1999,
Dayton Power and Light Company                 Take notice that on July 1, 1999,
                                            Niagara Mohawk Power Corporation            Cinergy Services, Inc. (Cinergy),
(Dayton), tendered for filing service                                                   tendered for filing a Network Service
agreements with South Carolina Electric     (Niagara Mohawk), tendered for filing
                                            with the Federal Energy Regulatory          Agreement under Cinergy’s Open
& Gas Company under the terms of                                                        Access Transmission Service Tariff (the
Dayton’s Market-Based Sales Tariff.         Commission an executed Transmission
                                            Service Agreement between Niagara           Tariff) entered into between Cinergy and
   Dayton requests an effective date of                                                 Cinergy Services, Inc. ‘‘ Energy
one day subsequent to this filing for the   Mohawk and Route 20 Consortium, Inc.,
                                            (Route 20). This Transmission Service       Commodities Business Unit (CSI ECBU).
service agreements. Accordingly,                                                           An Application For Network
Dayton requests waiver of the               Agreement specifies that Route 20 has
                                            signed on to and has agreed to the terms    Integration Service for the City of
Commission’s notice requirements.                                                       Williamstown, Kentucky has been
   Copies of this filing were served upon   and conditions of Niagara Mohawk’s
                                            Open Access Transmission Tariff as          included as part of the service
South Carolina Electric & Gas Company                                                   agreement under the Tariff.
and the Public Utilities Commission of      filed in Docket No. OA96–194–000. This
                                            Tariff, filed with FERC on July 9, 1996,       Cinergy and CSE ECBU are requesting
Ohio.                                                                                   an effective date of June 1, 1999.
   Comment date: July 21, 1999, in          will allow Niagara Mohawk and Route
                                            20 to enter into separately scheduled          Comment date: July 21, 1999, in
accordance with Standard Paragraph E
                                            transactions under which Niagara            accordance with Standard Paragraph E
at the end of this notice.
                                            Mohawk will provide transmission            at the end of this notice.
9. Central Vermont Public Service           service for Route 20 as the parties may
                                                                                        14. California Independent System
Corporation                                 mutually agree.
                                                                                        Operator Corporation
                                               Niagara Mohawk requests an effective
[Docket No. ER99–3456–000]
                                            date of June 24, 1999. Niagara Mohawk       [Docket No. ER99–3461–000]
   Take notice that on July 1, 1999,        has requested waiver of the notice
Central Vermont Public Service                                                             Take notice that on July 1, 1999, the
                                            requirements for good cause shown.          California Independent System Operator
Corporation (Central Vermont), tendered        Niagara Mohawk has served copies of
for filing Service Agreements with                                                      Corporation (ISO), tendered for filing a
                                            the filing upon the New York State          Participating Generator Agreement
Cinergy Services, Inc., Southern Energy     Public Service Commission and Route
Trading and Marketing, Inc., and Avista                                                 between PacifiCorp and the ISO for
                                            20.                                         acceptance by the Commission.
Energy, Inc. The service agreements            Comment date: July 21, 1999, in
provide for the sale, from time to time,                                                   The ISO states that this filing has been
                                            accordance with Standard Paragraph E
of transmission services by Central                                                     served on PacifiCorp and the California
                                            at the end of this notice.
Vermont pursuant to its FERC Electric                                                   Public Utilities Commission.
Tariff Original Volume No. 7 (Tariff No.    12. Niagara Mohawk Power                       The ISO is requesting waiver of the
7). Central Vermont also tendered for       Corporation                                 60-day notice requirement to allow the
filing an amendment to its Index of         [Docket No. ER99–3459–000]                  Participating Generator Agreement to be
purchasers under Tariff No. 7.                 Take notice that on July 1, 1999,        made effective as of June 18, 1999.
   Central Vermont requests the             Niagara Mohawk Power Corporation               Comment date: July 21, 1999, in
Commission to waive its notice of filing    (Niagara Mohawk), tendered for filing       accordance with Standard Paragraph E
requirement to permit the service           with the Federal Energy Regulatory          at the end of this notice.
agreements to become effective on the       Commission an executed Transmission         15. California Independent System
day they were filed. Central Vermont        Service Agreement between Niagara           Operator Corporation
states that it has not yet provided         Mohawk and Agway Energy Services,
service under the agreements.               Inc. (Agway). This Transmission Service     [Docket No. ER99–3463–000]
   Comment date: July 21, 1999, in          Agreement specifies that Agway has             Take notice that on July 1, 1999, the
accordance with Standard Paragraph E        signed on to and has agreed to the terms    California Independent System Operator
at the end of this notice.                  and conditions of Niagara Mohawk’s          Corporation (ISO), tendered for filing a
                                            Open Access Transmission Tariff as          Scheduling Coordinator Agreement
10. Union Electric Company
                                            filed in Docket No. OA96–194–000. This      between the ISO and City of Pasadena
[Docket No. ER99–3457–000]                  Tariff, filed with FERC on July 9, 1996,    for acceptance by the Commission.
  Take notice that on July 1, 1999,         will allow Niagara Mohawk and Agway            The ISO states that this filing has been
Union Electric Company (UE), tendered       to enter into separately scheduled          served on City of Pasadena and the
for filing an Amendment to the              transactions under which Niagara            California Public Utilities Commission.
Wholesale Electric Service Agreement        Mohawk will provide transmission               Comment date: July 21, 1999, in
between UE and the City of Owensville,      service for Agway as the parties may        accordance with Standard Paragraph E
Missouri (Owensville). UE states that       mutually agree.                             at the end of this notice.
38194                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

16. West Texas Utilities Company             18. Southern Company Services, Inc.           December 31, 1996, as amended and
[Docket No. ER99–3464–000]                   [Docket No. ER99–3466–000]
                                                                                           supplemented. A retroactive effective
                                                                                           date of June 1, 1999 for commencement
   Take notice that on July 1, 1999, West       Take notice that on July 1, 1999,
                                                                                           of transmission service has been
Texas Utilities Company (WTU),               Southern Company Services, Inc. (SCS),
                                                                                           requested. Copies of this filing were sent
tendered for filing Amendment No. 1 to       acting on behalf of Alabama Power
                                                                                           to all NEPOOL members, the New
the Power Supply Agreement (PSA),            Company (APC), tendered for filing an
                                                                                           England public utility commissioners
dated June 21, 1996, between WTU and         agreement with the Alabama Municipal
                                                                                           and all parties to the transaction.
the City of Weatherford, Texas               Electric Authority (AMEA) whereby
                                                                                              Comment date: July 21, 1999, in
(Weatherford). Amendment No. 1               APC will construct a second feed into
                                                                                           accordance with Standard Paragraph E
extends service under the PSA beyond         the City of Fairhope 115 kV delivery
                                                                                           at the end of this notice.
the initial five-year term and provides      point. APC provides wholesale service
for market-based rates at the end of the     to AMEA at that delivery point under          22. New England Power Pool
initial term.                                the Amended and Restated Agreement            [Docket No. ER99–3470–000]
   WTU seeks an effective date of            for Partial Requirements and
January 1, 2002 and, accordingly, seeks      Complimentary Services Between                   Take notice that on July 1, 1999, the
waiver of the Commission’s notice            Alabama Power Company and the                 New England Power Pool (NEPOOL)
requirements.                                Alabama Municipal Electric Authority          Participants Committee tendered for
   WTU served copies of the filing on        (APCo No. 168).                               filing a Service Agreement for Through
Weatherford and the Public Utility              Comment date: July 21, 1999, in            or Out Service or In Service pursuant to
Commission of Texas.                         accordance with Standard Paragraph E          Section 205 of the Federal Power Act
   Comment date: July 21, 1999, in           at the end of this notice.                    and 18 CFR 35.12 of the Commission’s
accordance with Standard Paragraph E                                                       Regulations.
at the end of this notice.                   19. Montaup Electric Company                     Acceptance of this Service Agreement
                                             [Docket No. ER99–3467–000]                    will recognize the provision of Firm In
17. Northern States Power Company                                                          Service transmission to PG&E Energy
(Minnesota) and Northern States Power           Take notice that on July 1, 1999,
                                             Montaup Electric Company (Montaup),           Trading—Power LP, in conjunction with
Company (Wisconsin)                                                                        Regional Network Service, in
                                             tendered for filing its modification to its
[Docket No. ER99–3465–000]                   open access transmission tariff,              accordance with the provisions of the
   Take notice that on July 1, 1999,         reducing the rate of return on common         NEPOOL Open Access Transmission
Northern States Power Company                equity from 11.1% to 10.65%.                  Tariff filed with the Commission on
(Minnesota) and Northern States Power           Montaup asks that this filing become       December 31, 1996, as amended and
Company (Wisconsin) (jointly NSP),           effective on August 1, 1999.                  supplemented.
tendered for filing a proposed First            Comment date: July 21, 1999, in               A retroactive effective date of June 1,
Revised Attachment J to the NSP Open         accordance with Standard Paragraph E          1999 for commencement of transmission
Access Transmission Tariff (Tariff). The     at the end of this notice.                    service has been requested.
filing incorporates the Mid-Continent                                                         Copies of this filing were sent to all
                                             20. Delmarva Power & Light Company            NEPOOL members, the New England
Area Power Pool (MAPP) regional Line
Loading Relief (LLR) transmission            [Docket No. ER99–3468–000]                    public utility commissioners and all
curtailment procedures into Attachment          Take notice that on July 1, 1999,          parties to the transaction.
J to the NSP OATT, in compliance with        Delmarva Power & Light Company                   Comment date: July 21, 1999, in
ordering paragraphs (C) and (D) of the       tendered for filing an unexecuted             accordance with Standard Paragraph E
Commission’s December 16, 1998 order         Interconnection Agreement with                at the end of this notice.
in North American Electric Reliability       Commonwealth Chesapeake Company,              23. New England Power Pool
Council, 85 FERC ¶ 61,353 (1998).            LLC (CCC).
   The Commission previously accepted           Delmarva requests that the                 [Docket No. ER99–3471–000]
the NSP Attachment J procedure for           Interconnection Agreement become                 Take notice that on July 1, 1999, the
filing effective May 1, 1999, in Docket      effective on July 1, 1999.                    New England Power Pool (NEPOOL)
No. ER99–2013–000. The Commission               Comment date: July 21, 1999, in            Participants Committee tendered for
recently accepted the MAPP LLR               accordance with Standard Paragraph E          filing a Service Agreement for Through
regional procedures for filing effective     at the end of this notice.                    or Out Service or In Service pursuant to
June 1, 1999. Mid-Continent Area Power                                                     Section 205 of the Federal Power Act
                                             21. New England Power Pool
Pool, 87 FERC ¶ 61,333 (MAPP Order).                                                       and 18 CFR 35.12 of the Commission’s
NSP is a MAPP member pursuant to the         [Docket No. ER99–3469–000]                    Regulations.
MAPP Restated Agreement and is                 Take notice that on July 1, 1999, the          Acceptance of this Service Agreement
therefore subject to the LLR procedures.     New England Power Pool (NEPOOL)               will recognize the provision of Firm In
   NSP proposes the change be effective      Participants Committee filed a Service        Service transmission to Morgan Stanley
June 1, 1999, the date provided in the       Agreement for Through or Out Service          Capital Group Inc., in conjunction with
MAPP Order. NSP also makes minor             or In Service pursuant to Section 205 of      Regional Network Service, in
conforming changes to its Tariff.            the Federal Power Act and 18 CFR 35.12        accordance with the provisions of the
   The NSP Companies state they have         of the Commission’s Regulations.              NEPOOL Open Access Transmission
served a copy of the filing on the utility     Acceptance of this Service Agreement        Tariff filed with the Commission on
commissions in Minnesota, Michigan,          will recognize the provision of Firm In       December 31, 1996, as amended and
North Dakota, South Dakota and               Service transmission to Central Vermont       supplemented.
Wisconsin and affected transmission          Public Service Corp., in conjunction             A retroactive effective date of June 1,
service customers.                           with Regional Network Service, in             1999 for commencement of transmission
   Comment date: July 21, 1999, in           accordance with the provisions of the         service has been requested.
accordance with Standard Paragraph E         NEPOOL Open Access Transmission                  Copies of this filing were sent to all
at the end of this notice.                   Tariff filed with the Commission on           NEPOOL members, the New England
                        Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                            38195

public utility commissioners and all        Dayton requests waiver of the                  g. FERC Contact: David Turner (202)
parties to the transaction.                 Commission’s notice requirements.           219–2844,
   Comment date: July 21, 1999, in             Copies of this filing were served upon   Email:david.turner@ferc.fed.us.
accordance with Standard Paragraph E        Cargill-Alliant, LLC and Consumers             h. Tacoma mailed a copy of the
at the end of this notice.                  Energy Company and the Public               Preliminary Draft Environmental
                                            Utilities Commission of Ohio.               Assessment and draft application to
24. New England Power Pool
                                               Comment date: July 21, 1999, in          interested parties on June 30, 1999. The
[Docket No. ER99–3472–000]                  accordance with Standard Paragraph E        Commission received a copy of the
   Take notice that on July 1, 1999, the    at the end of this notice.                  PDEA and draft application on July 1,
New England Power Pool Participants                                                     1999.
Committee filed for acceptance a            Standard Paragraphs                            i. With this notice we are soliciting
signature page to the New England             E. Any person desiring to be heard or     preliminary terms, conditions, and
Power Pool (NEPOOL) Agreement dated         to protest such filing should file a        recommendations on the PDEA and
September 1, 1971, as amended, signed       motion to intervene or protest with the     draft license application. All comments
by StratErgy, Inc. (StratErgy). The         Federal Energy Regulatory Commission,       on the PDEA and draft license
NEPOOL Agreement has been                   888 First Street, NE, Washington, DC        application should be sent to the
designated NEPOOL FPC No. 2.                20426, in accordance with Rules 211         address above in item (f) with one copy
   The Participants Committee states        and 214 of the Commission’s Rules of        filed with the Commission at the
that the Commission’s acceptance of         Practice and Procedure (18 CFR 385.211      following address: Federal Energy
StratErgy’s signature page would permit     and 385.214). All such motions or           Regulatory Commission, David P.
NEPOOL to expand its membership to          protests should be filed on or before the   Boergers, Secretary, 888 First St. NE,
include StratErgy. The Participants         comment date. Protests will be              Washington, DC 20426. All comments
Committee further states that the filed     considered by the Commission in             must include the project name and
signature page does not change the          determining the appropriate action to be    number, and bear the heading
NEPOOL Agreement in any manner,             taken, but will not serve to make           ‘‘Preliminary Comments,’’ Preliminary
other than to make StratErgy a member       protestants parties to the proceeding.      Recommendations,’’ ‘‘Preliminary
in NEPOOL.                                  Any person wishing to become a party        Terms and Conditions,’’ or ‘‘Preliminary
   The Participants Committee requests      must file a motion to intervene. Copies     Prescriptions.’’ Any party interested in
an effective date of July 1, 1999, for      of these filings are on file with the       commenting must do so before
commencement of participation in            Commission and are available for public     September 28, 1999.
NEPOOL by StratErgy.                        inspection. This filing may also be            j. With this notice, we are initiating
   Comment date: July 21, 1999, in          viewed on the Internet at http://           consultation with the STATE HISTORIC
accordance with Standard Paragraph E        www.ferc.fed.us/online/rims.htm (call       PRESERVATION OFFICER (SHPO), as
at the end of this notice.                  202–208–2222 for assistance).               required by section 106, National
                                            Linwood A. Watson, Jr.,
                                                                                        Historic Preservation Act, and the
25. California Power Exchange                                                           regulations of the Advisory Council on
Corporation                                 Acting Secretary.
                                                                                        Historic Preservation, 36 CFR 800.4.
                                            [FR Doc. 99–17998 Filed 7–14–99; 8:45 am]      k. Locations of the application: A
[Docket No. ER99–3473–000]
   Take notice that on July 1, 1999, the
                                            BILLING CODE 6717–01–P                      copy of the application is available for
California Power Exchange Corporation                                                   inspection and reproduction at the
(PX), on behalf of its newly-created                                                    Commission’s Public Reference Room,
                                            DEPARTMENT OF ENERGY                        located at 888 First Street, NE, Room
division, CalPx Trading Services (CTS),
tendered for filing an amendment to the     Federal Energy Regulatory                   2A, Washington, DC 20426, or by calling
CTS Administrative Fee Schedule for its     Commission                                  (202) 208–0371. The application may be
Block Forward Market. The sole                                                          viewed on the web at http://
purpose of the amendment is to provide      Notice of Draft License Application and     www.ferc.fed.us/online/rims.htm. (Call
the option for CTS to discount its          Preliminary Draft Environmental             (202) 208–2222 for assistance).
administrative fees below the levels        Assessment (PDEA) and Request for           Linwood A. Watson, Jr.,
already authorized by the Commission.       Preliminary Terms and Conditions            Acting Secretary.
The amendment is proposed to take           July 9, 1999.
                                                                                        [FR Doc. 99–17985 Filed 7–14–99; 8:45 am]
effect on the date of filing.                                                           BILLING CODE 6717–01–M
   Comment date: July 21, 1999, in            Take notice that the following
accordance with Standard Paragraph E        hydroelectric application has been filed
at the end of this notice.                  with the Commission and is available        DEPARTMENT OF ENERGY
                                            for public inspection:
26. The Dayton Power and Light                a. Type of Application: New Major         Federal Energy Regulatory
Company                                     License.                                    Commission
[Docket No. ER99–3453–000]                    b. Project No.: 2016–000.
                                              c. Applicant: Tacoma Power.               Notice of an Amendment of License
  Take notice that on July 1, 1999, The                                                 and Soliciting Comments, Motions To
Dayton Power and Light Company                d. Name of Project: Cowlitz River
                                                                                        Intervene, and Protests
(Dayton), tendered for filing service       Hydroelectric Project.
agreement establishing Cargill-Alliant,       e. Location: On the Cowlitz River, in     July 9, 1999.
LLC and Consumers Energy Company as         Lewis County, Washington. About 5             Take notice that the following
customers under the terms of Dayton’s       acres are located on the Gifford Pinchot    hydroelectric application has been filed
Open Access Transmission Tariff.            National Forest.                            with the Commission and is available
  Dayton requests an effective date of        f. Applicant Contact: Toby Freeman,       for public inspection:
one day subsequent to this filing for the   Tacoma Power, 3628 South 35th Street,         a. Application Type: Revised Project
service agreements. Accordingly,            Tacoma, WA 98411; (253) 502–8862.           Boundary.
38196                   Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

   b. Project No.: 2206–013.                 to intervene in accordance with the         Keowee, in Pickens County, South
   c. Date Filed: February 4, 1999.          Commission’s Rules may become a             Carolina. The project does not utilize
   d. Applicant: Carolina Power & Light      party to the proceeding. Any comments,      federal or tribal lands.
Company.                                     protests, or motions to intervene must         g. Filed Pursuant to: Federal Power
   e. Name of Project: Yadkin-Pee Dee        be received on or before the specified      Act, 16 U.S.C. 791 (a)–825(r).
River Project, Tillery Hydroelectric         comment date for the particular                h. Applicant Contact: Mr. E.M.
Development.                                 application.                                Oakley, Duke Energy Corporation P.O.
   f. Location: On the Yadkin-Pee Dee           Filing and Service of Responsive         Box 1006 (EC12V), Charlotte, NC
River in Anson, Richmond,                    Documents—Any filings must bear in          28201–1006, (704) 382–5778.
Montgomery, and Stanly Counties,             all capital letters the title                  i. FERC Contact: Any questions on
North Carolina. The amendment of             ‘‘COMMENTS’’,                               this notice should be addressed to Brian
license will not affect any federal lands.   ‘‘RECOMMENDATIONS FOR TERMS                 Romanek at (202) 219–3076, or e-mail
   g. Filed Pursuant to: 18 CFR 4.200.       AND CONDITIONS’’ ‘‘PROTEST’’, OR            address: brian.romanek@ferc.fed.us.
   h. Applicant Contact: Mr. Larry           ‘‘MOTION TO INTERVENE’’, as                    j. Deadline for filing comments and or
Yarger, P.O. Box 1551, 411 Fayetteville      applicable, and the Project Number of       motions: August 5, 1999.
Street Mall, Raleigh, NC 27602, (919)        the particular application to which the        All documents (original and eight
546–6196.                                    filing refers. Any of the above-named       copies) should be filed with: David P.
   i. FERC Contact: Any questions on         documents must be filed by providing        Boergers, Secretary, Federal Energy
this notice should be addressed to           the original and the number of copies       Regulatory Commission, 888 First
Mohamad Fayyad at                            provided by the Commission’s                Street, NE, Washington DC 20426.
mohamad.fayyad@ferc.fed.us or 202–           regulations to: The Secretary, Federal         Please include the project number
219–2665.                                    Energy Regulatory Commission, 888           (2503–050, –052, or 053) on any
   j. Deadline for filing comments and/      First Street, NE, Washington, DC 20426.     comments or motions filed.
or motions: August 16, 1999.                 A copy of any motion to intervene must         k. Description of Proposal: Duke
   All documents (original and eight         also be served upon each representative     Energy Corporation proposes to lease to
copies) should be filed with: David P.       of the Applicant specified in the           Cliffs at Keowee Vineyards the
Boergers, Secretary, Federal Energy          particular application.                     following parcels and uses of project
Regulatory Commission, 888 First                Agency Comments—Federal, state,          lands and waters: Project No. 2503–
Street, NE, Washington DC 20426.             and local agencies are invited to file      050—2.68 acres for the development of
   Please include the project number         comments on the described application.      a commercial marina. This facility will
(2206–013) on any comments or                A copy of the application may be            have 6 docks with a total of 88 boat
motions filed.                               obtained by agencies directly from the      slips, a boat access ramp, and a fuel
   k. Description of Filing: Carolina        Applicant. If any agency does not file      dock with gasoline pumps and a waste
Power & Light Company (CP&L) filed           comments within the time specified for      pump-out facility. This facility will be
revised exhibit K drawings showing the       filing comments, it will be presumed to     provided for residents of the Cliffs at
project boundary of the Tillery              have no comments. One copy of an            Keowee Vineyards subdivision. Project
Development of the Pee Dee River             agency’s comments must also be sent to      No. 2503–052—4.25 acres for the
Project. CP&L proposes to remove some        the Applicant’s representatives.            development of a residential docking
encroaching structures from the project      Linwood A. Watson, Jr.,                     facility. This facility will have 10 docks
boundary, and to add small portions of       Acting Secretary.                           containing a total of 138 boat slips. This
land owned by CP&L. The net gain for         [FR Doc. 99–17986 Filed 7–14–99; 8:45 am]   facility is to provide access to the
the project is about 361 acres.                                                          reservoir for residents of the Cliffs at
                                             BILLING CODE 6717–01–M
   l. Locations of the application: A copy                                               Keowee Vineyards subdivision. Project
of the application is available for                                                      No. 2503–053—approval of a water
inspection and reproduction at the           DEPARTMENT OF ENERGY                        withdrawal of 1.44 million gallons per
Commission’s Public Reference Room,                                                      day, on an as needed basis, for the
located at 888 First Street, NE, Room        Federal Energy Regulatory                   irrigation of the golf course associated
2A, Washington, DC 20426, or by calling      Commission                                  with the Cliffs at Keowee Vineyards
(202) 208–1371. The application may be                                                   subdivision.
viewed on the web at http://                 Notice of Non-Project Use of Project           No dredging is proposed in
www.ferc.fed.us/online/rims.htm (call        Lands and Waters and Soliciting             conjunction with these applications.
202–208–2222 for assistance). A copy is      Comments, Motions To Intervene, and            l. Locations of the Application: A
also available for inspection and            Protests                                    copy of the application is available for
reproduction at the address in item h        July 9, 1999.
                                                                                         inspection and reproduction at the
above.                                                                                   Commission’s Public Reference Room,
                                               Take notice that the following
   m. Individuals desiring to be included                                                located at 888 First street, NE, Room 2A,
                                             applications have been filed with the
on the Commission’s mailing list should                                                  Washington, DC 20426, or by calling
                                             Commission and are available for public
so indicate by writing to the Secretary                                                  (202) 208–1371. This filing may be
                                             inspection:
of the Commission.                             a. Application Type: Non-Project Use      viewed on http://www.ferc.fed.us/
   Comments, Protests, or Motions to         of Project Lands and Waters.                online/rims.htm (call (202) 208–2222 for
Intervene—Anyone may submit                    b. Project Nos: 2503–050, 2503–052,       assistance). A copy is also available for
comments, a protest, or a motion to          and 2503–053.                               inspection and reproduction at the
intervene in accordance with the               c. Date Filed: June 2, 1999.              address in item h above.
requirements of Rules of Practice and          d. Applicant: Duke Energy                    m. Individuals desiring to be included
Procedure, 18 CFR 385.210, 385.211,          Corporation.                                on the Commission’s mailing list should
385.214. In determining the appropriate        e. Name of Project: Keowee & Jocassee     so indicate by writing to the Secretary
action to take, the Commission will          Hydroelectric Project.                      of the Commission.
consider all protests or other comments        f. Location: Adjacent to Cliffs at           Comments, Protests, or Motions to
filed, but only those who file a motion      Keowee Vineyards subdivision, on Lake       Intervene—Anyone may submit
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                            38197

comments, a protest, or a motion to            b. Project No.: 2722–008.                 Call (202) 208–2222 for assistance. A
intervene in accordance with the               c. Date filed: August 21, 1998.           copy is also available for inspection and
requirements of Rules of Practice and          d. Applicant: PacifiCorp.                 reproduction at the address in item h
Procedure, 18 CFR 385.210, 385.211,            e. Name of Project: Pioneer               above.
385.214. In determining the appropriate     Hydroelectric Project.
                                               f. Location: On the Ogden River, near        Filing and Service of Responsive
action to take, the Commission will
                                            the town of Ogden, in Weber County,          Documents—The application is ready
consider all protests or other comments
                                            Utah, within the Cache National Forest.      for environmental analysis at this time,
filed, but only those who file a motion
to intervene in accordance with the         Water is supplied from the U.S. Bureau       and the Commission is requesting
Commission’s Rules may become a             of Reclamation’s Pineview Reservoir.         comments, reply comments,
party to the proceeding. Any comments,         g. Filed Pursuant to: Federal Power       recommendations, terms and
protests, or motions to intervene must      Act 16 U.S.C. 791(a)–825(r).                 conditions, and prescriptions.
be received on or before the specified         h. Applicant Contact: Randy Landolt,         The Commission directs, pursuant to
comment date for the particular             Director Hydro Resources, PacifiCorp,        section 4.34(b) of the Regulations (see
application.                                920 SW Sixth Avenue Portland, Oregon
                                                                                         Order No. 533 issued May 8, 1991, 56
   Filing and Service of Responsive         97204 (503) 464–5339.
                                               i. FERC Contact: Any questions on         FR 23108, May 20, 1991) that all
Documents—Any filings must bear in                                                       comments, recommendations, terms and
all capital letters the title               this notice can be addressed to Gaylord
                                            W. Hoisington, E-mail address                conditions and prescriptions concerning
‘‘COMMENTS’’ ‘‘RECOMMENDATIONS                                                           the application be filed with the
FOR TERMS AND CONDITIONS’’,                 gaylord.hoisington@ferc.fed.us, or
                                            telephone (202) 219–2831.                    Commission within 60 days from the
‘‘PROTEST’’, OR ‘‘MOTION TO                                                              issuance date of this notice. All reply
INTERVENE’’, as applicable, and the            j. Deadline for filing comments,
                                            recommendations, terms and                   comments must be filed with the
Project Number of the particular
                                            conditions, and prescriptions: 60 days       Commission within 105 days from the
application to which the filing refers.
                                            from the date of this notice.                date of this notice.
Any of the above-named documents
                                               All documents (original and eight            Anyone may obtain an extension of
must be filed by providing the original
                                            copies) should be filed with: David P.       time for these deadlines from the
and the number of copies provided by
                                            Boergers, Secretary, Federal Energy          Commission only upon a showing of
the Commission’s regulations to: The
                                            Regulatory Commission, 888 First             good cause or extraordinary
Secretary, Federal Energy Regulatory
                                            Street, NE, Washington, DC 20426.
Commission, 888 First Street, NE,                                                        circumstances in accordance with 18
                                               The Commission’s Rules of Practice
Washington, DC 20426. A copy of any                                                      CFR 385.2008.
                                            and Procedures require all intervenors
motion to intervene must also be served                                                     All filings must (1) bear in all capital
                                            filing documents with the Commission
upon each representative of the                                                          letters the title ‘‘COMMENTS’’, ‘‘REPLY
                                            to serve a copy of that document on
Applicant specified in the particular                                                    COMMENTS’’,
                                            each person whose name appears on the
application.
                                            official service list for the project.       ‘‘RECOMMENDATIONS,’’ ‘‘TERMS
   Agency Comments—Federal, state,
                                            Further, if an intervenor files comments     AND CONDITIONS,’’ or
and local agencies are invited to file
                                            or documents with the Commission             ‘‘PRESCRIPTIONS;’’ (2) set forth in the
comments on the described application.
                                            relating to the merits of an issue that      heading the name of the applicant and
A copy of the application may be
                                            may affect the responsibilities of a         the project number of the application to
obtained by agencies directly from the
                                            particular resource agency, they must        which the filing responds; (3) furnish
Applicant. If an agency does not file
                                            also serve a copy of that document on        the name, address, and telephone
comments within the time specified for
                                            that resource agency.                        number of the person submitting the
filing comments, it will be presumed to
                                               k. Status of Environmental Analysis:      filing; and (4) otherwise comply with
have no comments. One copy of an
                                            This application has been accepted for       the requirements of 18 CFR 385.2001
agency’s comments must also be sent to
                                            filing and is ready for environmental
the Applicant’s representatives.                                                         through 385.2005. All comments,
                                            analysis at this time.
Linwood A. Watson, Jr.,                        1. Description of the Project: The        recommendations, terms and conditions
Acting Secretary.                           existing project consists of: (1) the        or prescriptions must set forth their
[FR Doc. 99–17988 Filed 7–14–99; 8:45 am]   existing intake structure; (2) a 75-inch     evidentiary basis and otherwise comply
BILLING CODE 6717–01–M                      diameter, 5.5-mile-long flowline; (3) a      with the requirements of 18 CFR 4.34(b).
                                            27-foot-high by 28-foot-diameter surge       Agencies may obtain copies of the
                                            tank; (4) a 6-foot-diameter, 4,000-foot-     application directly from the applicant.
DEPARTMENT OF ENERGY                        long steel penstock; (5) a brick             Any of these documents must be filed
                                            powerhouse with two generating units         by providing the original and the
Federal Energy Regulatory                   with a total installed capacity of 5.0       number of copies required by the
Commission                                  megawatts; (6) a 3,000-foot-long, tailrace   Commission’s regulations to: The
Notice of Application Ready for             canal; (6) an 11,000-foot-long, 66-kV        Secretary, Federal Energy Regulatory
Environmental Analysis and Soliciting       transmission line; and (7) other             Commission, 888 First Street, NE.,
Comments, Recommendations, Terms            appurtenant facilities. No new               Washington, DC 20426. An additional
and Conditions, and Prescriptions           construction is planned.                     copy must be sent to Director, Division
                                               m. Locations of the Application: A        of Project Review, Office of Hydropower
July 9, 1999.                               copy of the application is available for     Licensing, Federal Energy Regulatory
  Take notice that the following            inspection and reproduction at the           Commission, at the above address. Each
hydroelectric application has been filed    Commission’s Public Reference Room,          filing must be accompanied by proof of
with the Commission and is available        located at 888 First Street, NE, Room        service on all persons listed on the
for public inspection:                      2A, Washington, DC 20426, or by calling      service list prepared by the Commission
  a. Type of Application: New Major         (202) 208–1371. The application may be
License.                                    viewed on the web at www.ferc.fed.us.
38198                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

in this proceeding, in accordance with      Engineers’ Pine Creek Dam and would          filed, but only those who file a motion
18 CFR 4.34(b), and 385.2010.               consist of: (1) A new diversion              to intervene in accordance with the
Linwood A. Watson, Jr.,                     structure; (2) a new penstock; (3) a new     Commission’s Rules may become a
Acting Secretary.                           30-foot-long, 50-foot-wide, 20-foot-high     party to the proceeding. Any comments,
[FR Doc. 99–17989 Filed 7–14–99; 8:45 am]   powerhouse containing one 4,000-kW           protests, or motions to intervene must
                                            generating unit; (4) a new tailrace; (5) a   be received on or before the specified
BILLING CODE 6717–01–M
                                            new step-up substation; (6) a new 6.9-       comment date for the particular
                                            kV transmission line; and (7)                application.
DEPARTMENT OF ENERGY                        appurtenant facilities.                         Filing and Service of Responsive
                                               Applicant estimates that the average      Documents—Any filings must bear in
Federal Energy Regulatory                   annual generation would be 15 GWh            all capital letters the title
Commission                                  and that the cost of the studies to be       ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT
                                            performed under the terms of the permit      TO FILE COMPETING APPLICATION’’,
Notice of Application Accepted for          would be $350,000. Project energy            ‘‘COMPETING APPLICATION’’,
Filing and Soliciting Motions To            would be utilized to supply a portion of     ‘‘PROTEST’’, ‘‘MOTION TO
Intervene and Protests                      Applicant’s energy requirements.             INTERVENE’’, as applicable, and the
                                               m. A copy of the application is           Project Number of the particular
July 9, 1999.                               available for inspection and                 application to which the filing refers.
   Take notice that the following           reproduction at the Commission’s             Any of the above-named documents
hydroelectric application has been filed    Public Reference Room, located at 888        must be filed by providing the original
with the Commission and is available        First Street, NE, Washington, DC 20426,      and the number of copies provided by
for public inspection:                      or by calling (202) 208–1371. This filing    the Commission’s regulations to: The
   a. Type of Application: Preliminary      may be viewed on the web at http://          Secretary, Federal Energy Regulatory
Permit.                                     www.ferc.fed.us/online/rims.htm (call        Commission, 888 First Street, NE,
   b. Project No.: P–11785–000.             (202) 208–2222 for assistance). A copy       Washington, DC 20426. An additional
   c. Date Filed: June 29, 1999.            is also available for inspection and         copy must be sent to Director, Division
   d. Applicant: City of Broken Bow,        reproduction at the address in item h        of Project Review, Federal Energy
Oklahoma.                                   above.                                       Regulatory Commission, at the above-
   e. Name of Project: Pine Creek Lake.        Preliminary Permit—Public notice of       mentioned address. A copy of any
   f. Location: On Little River, near the   the filing of the initial preliminary        notice of intent, competing application
town of Wright City, McCurtain County,      permit application, which has already        or motion to intervene must also be
Oklahoma, utilizing federal lands           been given, established the due date for     served upon each representative of the
administered by the U.S. Army Corps of      filing competing preliminary permit          Applicant specified in the particular
Engineers.                                  applications or notices of intent. Any       application.
   g. Filed Pursuant to: Federal Power      competing preliminary permit or                 Agency Comments—Federal, state,
Act, 16 U.S.C. 791(a)–825(r).               development application or notice of         and local agencies are invited to file
   h. Applicant Contact: Mr. Gerald B.      intent to file a competing preliminary       comments on the described application.
Davenport, Hall, Estill, Hardwick,          permit or development application must       A copy of the application may be
Gable, Golden and Nelson, P.C., 320 S.      be filed in response to and in               obtained by agencies directly from the
Boston Avenue, Suite 400, Tulsa, OK         compliance with the public notice of the     Applicant. If an agency does not file
74103.                                      initial preliminary permit application.      comments within the time specified for
   i. FERC Contact: Charles T. Raabe, E-    No competing applications or notices of      filing comments, it will be presumed to
mail address, Charles.Raabe@ferc.fed.us,    intent to file competing applications        have no comments. One copy of an
or telephone (202) 219–2811.                may be filed in response to this notice.     agency’s comments must also be sent to
   j. Deadline Date: 60 days from the       A competing license application must         the Applicant’s representatives.
issuance date of this notice.               conform with 18 CFR 4.30(b) and 4.36.        Linwood A. Watson, Jr.,
   All documents (original and eight           Proposed Scope of Studies under           Acting Secretary.
copies) should be filed with: David P.      Permit—A preliminary permit, if issued,      [FR Doc. 99–17990 Filed 7–14–99; 8:45 am]
Boergers, Secretary, Federal Energy         does not authorize construction. The
                                                                                         BILLING CODE 6717–01–M
Regulatory Commission, 888 First, NE,       term of the proposed preliminary permit
Washington, DC 20426.                       would be 36 months. The work
   The Commission’s rules of practice       proposed under the preliminary permit
and procedure require all intervenors       would include economic analysis,             ENVIRONMENTAL PROTECTION
filing documents with the Commission        preparation of preliminary engineering       AGENCY
to serve a copy of that document on         plans, and a study of environmental          [FRL–6378–1]
each person whose name appears on the       impacts. Based on the results of these
official service list for the project.      studies, the Applicant would decide          Notice of Approval of Prevention of
Further, if an intervenor files comments    whether to proceed with the preparation      Significant Deterioration (PSD) Permits
or documents with the Commission            of a development application to              to Kawaihae Cogeneration Partnership
relating to the merits of an issue that     construct and operate the project.           (Hawaii CSP No. 0001–01–C), Maui
may affect the responsibilities of a           Comments, Protests, or Motions to         Electric Company, Limited for the
particular resource agency, they must       Intervene—Anyone may submit                  Maalaea Generating Station Units M17
also serve a copy of the document on        comments, a protest, or a motion to          & M19 (Hawaii CSP No. 0067–01–C),
that resource agency.                       intervene in accordance with the             and Encogen Cogeneration Facility
   k. Competing Application: Project No.    requirements of rules of practice and        (Hawaii CSP No. 0243–01–C)
11667–000, Date Filed: February 1,          procedure, 18 CFR 385.210, 358.211,          AGENCY: Environmental Protection
1999, Date Due: June 1, 1999.               385.214. In determining the appropriate      Agency (EPA).
   l. The proposed project would utilize    action to take, the Commission will
                                                                                         ACTION: Notice.
the existing US Army Corps of               consider all protests or other comments
                        Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                               38199

SUMMARY: Notice is hereby given that         design and operation for the control of       via the Internet to application and
the Hawaii Department of Health, acting      PM10, CO, and VOC emissions. Air              licensing information in the Wireless
under authority of a PSD delegation          quality impact modelling was required         Telecommunications Bureau’s Universal
agreement, issued PSD permits to the         for NOX, SO2, CO and PM10.                    Licensing System (ULS). This Second
following applicants:                        Continuous emission monitoring is             Report and Order also provides for
   Kawaihae Cogeneration Partnership         required for NOX, CO and opacity and          similar access via the Internet to
granting approval to construct two 21        all three sources are subject to New          application data in our auctions
megawatt combustion turbine generators       Source Performance Standards, subparts        database.
with waste heat recovery steam               A and GG.
generators and one 16 megawatt steam           Dated: June 27, 1999.
                                                                                           II. Discussion
turbine generator to be located at
                                             Kenneth Bigos,                                A. Internet Access to ULS Application
Kawaihae on the island of Hawaii. The
permit became effective on April 28,         Acting Director, Air Division, Region 9.      and Licensing Information
1997 and includes the following              [FR Doc. 99–18045 Filed 7–14–99; 8:45 am]
                                                                                              In this Second Report and Order, we
emission limits: NOX at 15 ppm               BILLING CODE 6560–50–P
                                                                                           adopt changes to our rules and
(maximum 13.8 lbs/hr), SO2 at 78.8 ppm                                                     procedures that will allow for public
(maximum 97.2 lbs/hr), PM10 at 0.042                                                       access through the Internet to
gr/dscf (maximum 10.0 lbs/hr), CO at         FEDERAL COMMUNICATIONS
                                             COMMISSION                                    application and licensing information in
302.5 ppm (maximum 144.8 lbs/hr), and
                                                                                           our Universal Licensing System (ULS)
VOC at 18.6 ppm (maximum 6.1 lbs/hr).        [WT Docket No. 98–20; WT Docket No. 95–
   The Maui Electric Company granting                                                      for wireless services. We provide for
                                             69; FCC 99–140]                               similar access via the Internet to
approval to construct two 20 megawatt
simple cycle combustion turbine              Facilitate the Development and Use of         application data in our auctions
generators, M17 and M19, at the              the Universal Licensing System in the         database. Specifically, we have taken a
Maalaea Generating Station located on        Wireless Telecommunications                   number of steps in this order to allow
the island of Maui. The permit became        Services                                      the public to have access to much of our
effective on September 10, 1998 and                                                        licensing information at the lowest
includes the following emission limits:      AGENCY: Federal Communications                possible cost.
NOX at 42 ppm (maximum 42.3 lbs/hr),         Commission.
                                                                                              We authorize public access through
SO2 at 79 ppm (maximum 110 lbs/hr),          ACTION: Notice.                               the Internet to ULS, as soon as
PM10 at 0.045 gr/dscf (maximum 19.7                                                        technically feasible, for purposes of
lbs/hr), CO at 44 ppm (maximum 26.8          SUMMARY:   This document provides for
                                             public access via the Internet to             viewing application and licensing
lbs/hr), and VOC at 10 ppm (maximum                                                        information. This will significantly
3.8 lbs/hr).                                 application and licensing information in
                                             our Universal Licensing System (ULS)          enhance the ability of the public to
   Encogen Hawaii, L.P. granting
                                             for wireless services. It also provides for   access public record information
approval to construct two 23 megawatt
                                             similar access via the Internet to            regarding wireless licensees at reduced
combustion turbine generators with heat
recovery steam generators and one 19         application data in our auctions              cost. To ensure the security and
megawatt steam turbine generator to be       database. The intended effect is to make      reliability of the database, however,
located at Hiana, on the island of           application and licensing information         parties filing applications or
Hawaii. The permit became effective on       more widely available to the public           notifications in ULS will continue to
March 26, 1999 and includes the              while greatly reducing the total costs of     dial directly into the Commission’s
following emission limits: NOX at 15         obtaining such information.                   Wide Area Network (FCC WAN) by
ppm (maximum 11.7 lbs/hr), SO2 at 11.5       FOR FURTHER INFORMATION CONTACT:              means of an 800 or 900 number.
ppm (maximum 15 lbs/hr), PM10 at 0.02        David Furth, Wireless                            Additionally, we authorize access on
gr/dscf (maximum 4.7 lbs/hr), CO at          Telecommunications Bureau, at (202)           the Internet to short form applications
57.5 ppm (maximum 28 lbs/hr), and            418–0600.                                     (Form 175) that have been filed in our
VOC at 6.5 ppm (maximum 2 lbs/hr).           SUPPLEMENTARY INFORMATION: This               auctions database. This will be
DATES: The PSD permits are reviewable        Second Report and Order in WT Docket          permitted as soon as it is technically
under section 307(b)(1) of the Clean Air     No. 98–20, WT Docket No. 95–69,               feasible. This will enable interested
Act only in the Ninth Circuit Court of       adopted June 10, 1999, and released           parties and the public to review
Appeals. A petition for review must be       June 15, 1999, is available for inspection    application data pertaining to bidders in
filed by September 13, 1999.                 and copying during normal business            ongoing auctions, as well as application
FOR FURTHER INFORMATION CONTACT:             hours in the FCC Reference Center, 445        data from previously completed
Copies of the permit are available for       Twelfth Street, SW, Washington DC.            auctions. Auction participants will
public inspection upon request; address      The complete text may be purchased
                                                                                           continue to use the 900 number to
request to: Robert Baker (AIR–3), U.S.       from the Commission’s copy contractor,
                                                                                           access the FCC WAN for purposes of
Environmental Protection Agency,             International Transcription Service,
                                                                                           bidding electronically and reviewing
Region 9, 75 Hawthorne Street, San           Inc., 1231 20th Street, NW, Washington,
                                             DC 20036 (202) 857–3800. The                  updated auction round results.
Francisco, CA 94105, (415) 744–1258.
SUPPLEMENTARY INFORMATION: Best              document is also available via the            Federal Communications Commission.
Available Control Technology (BACT)          internet at http://www.fcc.gov/Bureaus/       Magalie Roman Salas,
requirements include water/steam             Wireless/Orders/1999/index.html.              Secretary.
injection for all three facilities and SCR   Synopsis of Second Report and Order           [FR Doc. 99–17999 Filed 7–14–99; 8:45 am]
on the Kawaihae and Encogen facilities                                                     BILLING CODE 6712–01–P
for the control of NOX emissions, low        I. Introduction
sulfur fuels for the control of SO2 and        In this Second Report and Order, the
PM10 emissions, and good combustion          Commission provides for public access
38200                     Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

FEDERAL EMERGENCY                            FEDERAL RESERVE SYSTEM                        owned by the bank holding company,
MANAGEMENT AGENCY                                                                          including the companies listed below.
                                             Change in Bank Control Notices;                  The applications listed below, as well
Open Meeting, National Dam Safety            Acquisitions of Shares of Banks or            as other related filings required by the
Review Board                                 Bank Holding Companies                        Board, are available for immediate
                                                                                           inspection at the Federal Reserve Bank
AGENCY:Federal Emergency                       The notificants listed below have           indicated. The application also will be
Management Agency (FEMA).                    applied under the Change in Bank              available for inspection at the offices of
                                             Control Act (12 U.S.C. 1817(j)) and           the Board of Governors. Interested
ACTION:   Notice of meeting.                 § 225.41 of the Board’s Regulation Y (12      persons may express their views in
                                             CFR 225.41) to acquire a bank or bank         writing on the standards enumerated in
SUMMARY: In accordance with § 8(h) of        holding company. The factors that are         the BHC Act (12 U.S.C. 1842(c)). If the
the National Dam Safety Program Act          considered in acting on the notices are       proposal also involves the acquisition of
(Pub. L. 104–303), the Federal               set forth in paragraph 7 of the Act (12       a nonbanking company, the review also
Emergency Management Agency gives            U.S.C. 1817(j)(7)).                           includes whether the acquisition of the
notice that the following meeting will be      The notices are available for               nonbanking company complies with the
held:                                        immediate inspection at the Federal           standards in section 4 of the BHC Act
                                             Reserve Bank indicated. The notices           (12 U.S.C. 1843). Unless otherwise
NAME: National Dam Safety Review
                                             also will be available for inspection at      noted, nonbanking activities will be
Board.
                                             the offices of the Board of Governors.        conducted throughout the United States.
DATE OF MEETING:    July 27–28, 1999.        Interested persons may express their             Unless otherwise noted, comments
                                             views in writing to the Reserve Bank          regarding each of these applications
PLACE:Federal Emergency Management                                                         must be received at the Reserve Bank
                                             indicated for that notice or to the offices
Agency, 500 C Street, SW, rooms 331          of the Board of Governors. Comments           indicated or the offices of the Board of
and 212A, Washington, DC 20472.              must be received not later than July 29,      Governors not later than August 9, 1999.
TIMES: July 27: 9:00 a.m. to 3:00 p.m.,      1999.                                            A. Federal Reserve Bank of Chicago
room 331: and July 28: 9:00 a.m. to 1:00       A. Federal Reserve Bank of Atlanta          (Philip Jackson, Applications Officer)
p.m., room 212A.                             (Lois Berthaume, Vice President) 104          230 South LaSalle Street, Chicago,
                                             Marietta Street, N.W., Atlanta, Georgia       Illinois 60690-1413:
PROPOSED AGENDA:  July 27–28, 1999,          30303-2713:                                      1. Fidelity Company, Dyersville, Iowa;
Review National Dam Safety Program                                                         to acquire 100 percent of the voting
                                               1. James M. Seneff, Robert A. Bourne,
Activities.                                                                                shares of First Postville Bancorporation,
                                             Curtis B. McWilliams, Jean A. Wall, all
                                                                                           Inc., Postville, Iowa, and thereby
STATUS:   This meeting is open to the        of Winter Park, Florida, Phillip M.
                                                                                           indirectly acquire Citizens State Bank,
public.                                      Anderson, Jr., James W. Kersey, Kelley
                                                                                           Postville, Iowa.
                                             P. Mossburg, Jack L. Parker, Lynn E.             B. Federal Reserve Bank of Dallas
FOR FURTHER INFORMATION CONTACT:
                                             Rose, Michael T. Shepardson, John T.          (W. Arthur Tribble, Vice President) 2200
Donald Bathurst, Director, National Dam      Walker, Beverly S. Walker, all of
Safety Program, Mitigation Directorate,                                                    North Pearl Street, Dallas, Texas 75201-
                                             Orlando, Florida, and Edgar James             2272:
Federal Emergency Management                 McDougall, Maitland, Florida; to
Agency, 500 C Street SW., room 421,                                                           1. Inwood Bancshares, Inc., Dallas,
                                             acquire voting shares of Alliance             Texas, and Inwood Delaware, Inc.,
Washington, DC 20472, telephone (202)        Bancshares, Inc., Orlando, Florida, and       Dover, Delaware; to acquire 100 percent
646–2753 or by facsimile at (202) 646–       thereby indirectly acquire voting shares      of the voting shares of Provident Bank,
4596.                                        of Alliance Bank, Orlando, Florida.           Dallas, Texas.
SUPPLEMENTARY INFORMATION:     This            Board of Governors of the Federal Reserve      2. Prosperity Bancshares, Inc., El
meeting is open to the public with           System, July 9, 1999.                         Campo, Texas; to merge with South
limited seating available on a first-come,   Robert deV. Frierson,                         Texas Bancshares, Inc., Beeville, Texas,
first-served basis. Members of the           Associate Secretary of the Board.             and thereby indirectly acquire CNB
general public who plan to attend the        [FR Doc. 99–18002 Filed 7–14–99; 8:45 am]     Delaware Company, Dover, Delaware,
meeting should contact Rita Henry,           BILLING CODE 6210–01–F
                                                                                           and The Commercial National Bank of
Federal Emergency Management                                                               Beeville, Beeville, Texas.
Agency, 500 C Street SW., room 444,                                                          Board of Governors of the Federal Reserve
Washington, DC 20472, telephone (202)        FEDERAL RESERVE SYSTEM                        System, July 9, 1999.
646–2704 or Bud Andress at (202) 646–                                                      Robert deV. Frierson,
                                             Formations of, Acquisitions by, and           Associate Secretary of the Board.
2801 or by facsimile at (202) 646–4596       Mergers of Bank Holding Companies
on or before July 23, 1999.                                                                [FR Doc. 99–18001 Filed 7–14–99; 8:45 am]
   Minutes of the meeting will be              The companies listed in this notice         BILLING CODE 6210–01–F

prepared and will be available upon          have applied to the Board for approval,
request 30 days after they have been         pursuant to the Bank Holding Company
approved by the National Dam Safety          Act of 1956 (12 U.S.C. 1841 et seq.)          GENERAL SERVICES
Review Board.                                (BHC Act), Regulation Y (12 CFR Part          ADMINISTRATION
                                             225), and all other applicable statutes
  Dated: July 8, 1999.                       and regulations to become a bank              Electronic Posting System
Michael J. Armstrong,                        holding company and/or to acquire the         AGENCY:  General Services
Associate Director for Mitigation.           assets or the ownership of, control of, or    Administration.
[FR Doc. 99–18046 Filed 7–14–99; 8:45 am]    the power to vote shares of a bank or
                                                                                           ACTION: Correction to Notice of public
                                             bank holding company and all of the
BILLING CODE 6718–05–P                                                                     meeting.
                                             banks and nonbanking companies
                         Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                          38201

SUMMARY: The General Services               DEPARTMENT OF HEALTH AND                    SUMMARY:   The Food and Drug
Administration (GSA) and the Office of      HUMAN SERVICES                              Administration (FDA) is announcing the
Federal Procurement Policy (OFPP) will                                                  availability of a draft guidance for
hold a public meeting to familiarize        Office of National AIDS Policy; Notice      industry entitled ‘‘Clinical Development
Electronic Commerce vendors with the        of Meeting of the Presidential Advisory     Programs for Drugs, Devices, and
Electronic Posting System (EPS) and to      Council on HIV/AIDS and Its                 Biological Products Intended for the
solicit input from vendors on               Subcommittees                               Treatment of Osteoarthritis (OA).’’ The
enhancements to EPS. The original           July 1, 1999.                               draft guidance is intended to stimulate
notice of this meeting was published in       Pursuant to Pub. L. 92–463, notice is     discussion about designing clinical
the Federal Register on June 30, 1999,      hereby given of the meeting of the          programs for the development of drugs,
at 64 FR 35169.                             Presidential Advisory Council on HIV/       devices, and biological products
                                            AIDS on October 4–5, 1999, at the           intended for the treatment of
DATES: The meeting will be held August                                                  osteoarthritis (OA). This draft guidance
                                            Radisson-Barcelo, Washington, DC. The
11, 1999, from 9 a.m.–1 p.m.                meeting of the Presidential Advisory        reflects comments received in response
ADDRESSES: The meeting will be in the       Council on HIV/AIDS will take place on      to a previous draft version of the
GSA Auditorium, at the GSA                  Monday, October 4 and Tuesday,              guidance available in February 1998.
Headquarters Building, 1800 F St., NW.,     October 5 from 8:30 a.m. to 6:00 p.m. at    DATES: Written comments on the draft
Washington, DC.                             the Radisson-Barcelo, 2121 P Street,        guidance document may be submitted
                                            NW, Washington, DC 20037. The               by September 13, 1999. General
FOR FURTHER INFORMATION CONTACT:  Paul      meetings will be open to the public.        comments on agency guidance
Fontaine, ARNet Program Manager,              The purpose of the subcommittee           documents are welcome at any time.
GSA, Paul.Fontaine@gsa.gov, (202) 501–      meetings will be to finalize any
6941, or Julie Basille, OFPP,               recommendations and assess the status       ADDRESSES:    Copies of the draft guidance
Julie Basile@OMB.EOP.GOV, (202)             of previous recommendations made to         and appended questions are available
395–4821.                                   the Administration. The agenda of the       on the Internet at ‘‘http://www.fda.gov/
                                            Presidential Advisory Council on HIV/       cder/guidance/index.htm’’ or ‘‘http://
SUPPLEMENTARY INFORMATION:      The         AIDS may include presentations from         www.fda.gov/cber/guidelines.htm’’.
Electronic Posting System (EPS) is being    the Council’s subcommittees,                Submit written requests for single
considered for adoption as the ‘‘single     Appropriations, Discrimination,             copies of the draft guidance and
point of entry’’ for notice of Federal      International, Prevention, Prison, Racial   appended questions to the Drug
business opportunities. This is based       Ethnic Populations, Research, and           Information Branch (HFD–210), Center
upon a highly successful pilot project      Services Issues.                            for Drug Evaluation and Research, Food
wherein EPS was used and later                Daniel C. Montoya, Executive              and Drug Administration, 5600 Fishers
adopted by the General Services             Director, Presidential Advisory Council     Lane, Rockville, MD 20857, or to the
Administration (GSA), National              on HIV and AIDS, Office of National         Office of Communication, Training and
Aeronautics and Space Administration        AIDS Policy, 736 Jackson Place, NW,         Manufacturers Assistance (HFM–40),
(NASA), Department of the Treasury,         Washington, DC 20503, Phone (202)           Center for Biologics Evaluation and
Department of Transportation and            456–2437, Fax (202) 456–2438, will          Research, Food and Drug
Department of the Air Force. The EPS        furnish the meeting agenda and roster of    Administration, 1401 Rockville Pike,
project team at GSA, and the Office of      committee members upon request. Any         Rockville, MD 20852–1448; FAX: 1–
Federal Procurement policy (OFPP), are      individual who requires special             888–CBERFAX or 301–827–3844, mail:
conducting a public forum on EPS for        assistance, such as sign language           the Voice Information System at 800–
                                            interpretation or other reasonable          835–4709 or 301–827–1800. Send one
Electronic Commerce vendors entitled
                                            accommodations, should contact              self-addressed adhesive label to assist
‘‘Building the Single Point of Entry’’.
                                            Andrea Hall at (301) 986–4870 no later      that office in processing your requests.
The intended audience is both the           than September 17, 1999.
technical and marketing staffs of                                                       Submit written comments on the draft
                                            Daniel C. Montoya,                          guidance to the Dockets Management
companies, which market Electronic
                                            Executive Director, Presidential Advisory   Branch (HFD–305), Food and Drug
Commerce products, and services for         Council on HIV and AIDS.                    Administration, 5630 Fishers Lane, rm.
the Federal Government. The two             [FR Doc. 99–17979 Filed 7–14–99; 8:45 am]   1061, Rockville, MD 20852.
purposes of the meeting are to first,
                                            BILLING CODE 3195–01–M
introduce vendors to EPS and second, to                                                 FOR FURTHER INFORMATION CONTACT:
solicit input from vendors on what EPS                                                  Sandra N. Cook, Center for Drug
can do to enhance their market within       DEPARTMENT OF HEALTH AND                    Evaluation and Research (HFD–550),
the Federal EC arena.                       HUMAN SERVICES                              9201 Corporate Blvd., Rockville, MD
                                                                                        20850, 301–827–2090.
  Dated: July 8, 1999.
                                            Food and Drug Administration                SUPPLEMENTARY INFORMATION:     Currently,
Ida M. Ustad,
                                            [Docket No. 98D–0077]                       treatment for OA is fundamentally
Deputy Assistant Administrator for
Acquisition Policy.                                                                     symptomatic, with no data available on
                                            Draft Guidance for Industry: Clinical       long-term outcomes. Clinical trial
[FR Doc. 99–17982 Filed 7–14–99; 8:45 am]   Development Programs for Drugs,             experience with OA has been limited to
BILLING CODE 6820–61–M                      Devices, and Biological Products            short-term studies in patients with knee
                                            Intended for the Treatment of               or hip OA and generalized OA normally
                                            Osteoarthritis (OA); Availability           has not been appropriate for assessing
                                            AGENCY:   Food and Drug Administration,     OA agents. A number of novel
                                            HHS.                                        approaches are under study for the
                                                                                        treatment of OA, as companies,
                                            ACTION:   Notice; request for comments.
                                                                                        clinicians, and patients search for more
38202                    Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

effective treatments. The design of         DEPARTMENT OF HEALTH AND                       Number of Respondents: 890;
clinical programs for developing drugs,     HUMAN SERVICES                                 Total Annual Responses: 890;
devices, or biological products intended                                                   Total Annual Hours Requested: 445.
for the treatment of OA was the subject     Health Care Financing Administration           To obtain copies of the supporting
of a previous draft guidance issued in                                                   statement and any related forms for the
                                            [Document Identifier: HCFA–9042]             proposed paperwork collections
February 1998 (63 FR 8208, February
                                            Agency Information Collection                referenced above, access HCFA’s Web
18, 1998). The February 1998 draft
                                            Activities: Proposed Collection;             Site address at http://www.hcfa.gov/
guidance generated several comments                                                      regs/prdact95.htm, or E-mail your
and was the subject of discussion at the    Comment Request
                                                                                         request, including your address, phone
Arthritis Advisory Committee meeting        AGENCY:   Health Care Financing              number, OMB number, and HCFA
held on February 20, 1998.                  Administration.                              document identifier, to
   The agency found the comments and           In compliance with the requirement        Paperwork@hcfa.gov, or call the Reports
the discussion at the advisory              of section 3506(c)(2)(A) of the              Clearance Office on (410) 786–1326.
committee meeting very helpful in           Paperwork Reduction Act of 1995, the         Written comments and
developing the recommendations to           Health Care Financing Administration         recommendations for the proposed
industry, contained in the guidance, on     (HCFA), Department of Health and             information collections must be mailed
the design of clinical programs for         Human Services, is publishing the            within 60 days of this notice directly to
developing drugs, devices, or biological    following summary of proposed                the HCFA Paperwork Clearance Officer
products intended for the treatment of      collections for public comment.              designated at the following address:
OA. However, the agency believes that       Interested persons are invited to send       HCFA, Office of Information Services,
                                            comments regarding this burden               Security and Standards Group, Division
more public input would be beneficial
                                            estimate or any other aspect of this         of HCFA Enterprise Standards,
in preparing a final version of the
                                            collection of information, including any     Attention: Dawn Willinghan, Room N2–
guidance. Accordingly, the agency has       of the following subjects: (1) The           14–26, 7500 Security Boulevard,
decided to issue this revised version of    necessity and utility of the proposed        Baltimore, Maryland 21244–1850.
the guidance as a draft.                    information collection for the proper           Dated: June 16, 1999.
   This level 1 draft guidance is being     performance of the agency’s functions;       John P. Burke III,
issued consistent with FDA’s good           (2) the accuracy of the estimated
                                                                                         HCFA Reports Clearance Officer, HCFA Office
guidance practices (62 FR 8961,             burden; (3) ways to enhance the quality,     of Information Services, Security and
February 27, 1997). The draft guidance      utility, and clarity of the information to   Standards Group, Division of HCFA
represents the agency’s current thinking    be collected; and (4) the use of             Enterprise Standards.
on developing drugs, devices, or            automated collection techniques or           [FR Doc. 99–18007 Filed 7–14–99; 8:45 am]
biological products intended for the        other forms of information technology to     BILLING CODE 4120–03–P
treatment of OA. It does not create or      minimize the information collection
confer any rights for or on any person      burden.
and does not operate to bind FDA or the        Type of Information Collection            DEPARTMENT OF HEALTH AND
public. An alternative approach may be      Request: Extension of a currently            HUMAN SERVICES
                                            approved collection;
used if such approach satisfies the
                                               Title of Information Collection:          Health Care Financing Administration
requirements of the applicable statute,     Request for Accelerated Payments and
regulations, or both.                                                                    [HCFA–0209 and HCFA–1557]
                                            Supporting Regulations in 42 CFR
   Interested persons may, on or before     412.116 and 413.64;                          Agency Information Collection
September 13, 1999, submit to the              Form No.: HCFA–9042;                      Activities: Proposed Collection;
Dockets Management Branch (address             Use: Medicare reimbursements are          Comment Request
above) written comments on the draft        usually arranged through a fiscal
document. Two copies of any comments        intermediary who serves as the               AGENCY:   Health Care Financing
are to be submitted, except that            Secretary’s agent for reviewing claims       Administration, HHS.
individuals may submit one copy.            and making payments equal to the               In compliance with the requirement
                                            provider’s reasonable costs. When a          of section 3506(c)(2)(A) of the
Comments are to be identified with the
                                            delay in Medicare payment by a fiscal        Paperwork Reduction Act of 1995, the
docket number found in brackets in the
                                            intermediary, for covered services,          Health Care Financing Administration
heading of this document. The draft                                                      (HCFA), Department of Health and
                                            causes financial difficulties for a
document, appended questions, and                                                        Human Services, is publishing the
                                            provider, the provider may request an
received comments may be seen in the                                                     following summary of proposed
                                            accelerated payment. An accelerated
office above between 9 a.m. and 4 p.m.,     payment may also be made in highly           collections for public comment.
Monday through Friday.                      exceptional situations where a provider      Interested persons are invited to send
  Dated: July 8, 1999.                      has incurred a temporary delay in its        comments regarding this burden
Margaret M. Dotzel,                         bill processing beyond the provider’s        estimate or any other aspect of this
                                            normal billing cycle. An accelerated         collection of information, including any
Acting Associate Commissioner for Policy
Coordination.                               payment can be requested by a provider       of the following subjects: (1) The
                                            that is not receiving periodic interim       necessity and utility of the proposed
[FR Doc. 99–18031 Filed 7–14–99; 8:45 am]
                                            payments. These forms are used by            information collection for the proper
BILLING CODE 4160–01–F
                                            fiscal intermediaries to access a            performance of the agency’s functions;
                                            provider’s eligibility for accelerated       (2) the accuracy of the estimated
                                            payments.                                    burden; (3) ways to enhance the quality,
                                               Frequency: On occasion;                   utility, and clarity of the information to
                                               Affected Public: Business or other for-   be collected; and (4) the use of
                                            profit, and Not for-profit institutions;     automated collection techniques or
                        Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                             38203

other forms of information technology to    Number of Respondents: 30,512; Total          technology to minimize the information
minimize the information collection         Annual Responses: 15,526; Total               collection burden.
burden.                                     Annual Hours: 7,628.                             Type of Information Collection
   1. Type of Information Collection          To obtain copies of the supporting          Request: Extension of a currently
Request: Extension of a currently           statement and any related forms for the       approved collection;
approved collection; Title of               proposed paperwork collections                   Title of Information Collection:
Information Collection: Laboratory          referenced above, access HCFA’s Web           Attending Physician’s Certification of
Personnel Report Clinical Laboratory        Site address at http://www.hcfa.gov/          Medical Necessity for Home Oxygen
Improvement Amendments (CLIA) and           regs/prdact95.htm, or E-mail your             Therapy and Supporting Regulations in
Supporting Regulations in 42 CFR            request, including your address, phone        42 CFR 410.38 and 424.5;
493.1–493.2001; Form No.: HCFA–0209         number, OMB number, and HCFA                     Form No.: HCFA–484 (OMB# 0938–
(OMB #0938–0151); Use: CLIA requires        document identifier, to                       0534);
the Department of Health and Human          Paperwork@hcfa.gov, or call the Reports          Use: To determine if oxygen is
Services (DHHS) to establish                Clearance Office on (410) 786–1326.           reasonable and necessary pursuant to
certification requirements for any          Written comments and                          Medicare Statute, Medicare claims for
laboratory that performs tests on human     recommendations for the proposed              home oxygen therapy must be
specimens, and to certify through the       information collections must be mailed        supported by the treating physician’s
issuance of a certificate that those        within 60 days of this notice directly to     statement and other information
laboratories meet the requirements          the HCFA Paperwork Clearance Officer          including estimate length of need (# of
established by DHHS. The information        designated at the following address:          months), diagnosis codes (ICD–9) and:
collected on this survey form is used in    HCFA, Office of Information Services,            1. Results and date of the most recent
the administrative pursuit of the           Security and Standards Group, Division        arterial blood gas PO2 and/or oxygen
Congressionally-mandated program            of HCFA Enterprise Standards,                 saturation tests.
with regard to regulation of laboratories   Attention: Louis Blank, Room N2–14–              2. The most recent arterial blood gas
participating in CLIA. Information on       26, 7500 Security Boulevard, Baltimore,       PO2 and/or oxygen saturation test
personnel qualifications of all technical   Maryland 21244–1850.                          performed EITHER with the patient in a
personnel is needed to ensure the                                                         chronic stable state as an outpatient, OR
sample is representative of all                Dated: July 8, 1999.                       within two days prior to discharge from
laboratories; Frequency: Biennially;        John P. Burke III,                            an inpatient facility to home.
Affected Public: Business or other for      HCFA Reports Clearance Officer, HCFA Office      3. The most recent arterial blood gas
profit, Not for profit institutions,        of Information Services, Security and         PO2 and/or oxygen saturation test
Federal Government, and State, Local or     Standards Group, Division of HCFA             performed at rest, during exercise, or
                                            Enterprise Standards.
Tribal Government; Number of                                                              during sleep.
Respondents: 26,500; Total Annual           [FR Doc. 99–18079 Filed 7–14–99; 8:45 am]        4. Name and address of the physician/
Responses: 13,250; Total Annual Hours:      BILLING CODE 4120–03–P                        provider performing the most recent
6,625.                                                                                    arterial blood gas PO2 and/or oxygen
   2. Type of Information Collection                                                      saturation test.
Request: Extension of a currently           DEPARTMENT OF HEALTH AND                         5. If ordering portable oxygen,
approved collection; Title of               HUMAN SERVICES                                information regarding the patient’s
Information Collection: Survey Report                                                     mobility within the home.
Form Clinical Laboratory Improvement        Health Care Financing Administration
                                                                                             6. Identification of the highest oxygen
Amendments (CLIA) and Supporting            [Document Identifier: HCFA–484]               flow rate (in liters per minute)
Regulations in 42 CFR 493.1–493.2001;                                                     prescribed.
Form No.: HCFA–1557 (OMB #0938–             Agency Information Collection                    7. If the prescribed liters per minute
0544); Use: CLIA requires the               Activities: Submission for OMB                (LPM), as identified in item 6, are
Department of Health and Human              Review; Comment Request                       greater than 4 LPM, provide the results
Services (DHHS) to establish                                                              and date of the most recent arterial
certification requirements for any            In compliance with the requirement          blood gas PO2 and/or oxygen saturation
laboratory that performs tests on human     of section 3506(c)(2)(A) of the               test taken on 4 LPM.
specimens, and to certify through the       Paperwork Reduction Act of 1995, the             If the PO2 = 56–59, or the oxygen
issuance of a certificate that those        Health Care Financing Administration          saturation = 89%, then evidence of the
laboratories meet the requirements          (HCFA), Department of Health and              beneficiary meeting at least one of the
established by DHHS. The information        Human Services, has submitted to the          following criteria must be provided.
collected on this survey form is used in    Office of Management and Budget                  8. The patient having dependent
the administrative pursuit of the           (OMB) The following proposal for the          edema due to congestive heart failure.
Congressionally-mandated program            collection of information. Interested            9. The patient having cor pulmonale
with regard to regulation of laboratories   persons are invited to send comments          or pulmonary hypertension, as
participating in CLIA. In order for the     regarding the burden estimate or any          documented by pulmonale on an EKG
State survey agency to report to HCFA       other aspect of this collection of            or by an echocardiogram, gated blood
its findings on facility compliance with    information, including any of the             pool scan or direct pulmonary artery
the individual standards on which           following subjects: (1) The necessity and     pressure measurement.
HCFA determines compliance, the             utility of the proposed information              10. The patient having a hematocrit
surveyor completes the Survey Report        collection for the proper performance of      greater than 56%.
Form. The Survey Worksheet provides         the agency’s functions; (2) the accuracy         Form HCFA–484 obtains all pertinent
space to document the surveyor’s notes;     of the estimated burden; (3) ways to          information and promotes national
Frequency: Biennially; Affected Public:     enhance the quality, utility, and clarity     consistency in coverage determinations.;
Business or other for profit, Not for       of the information to be collected; and          Frequency: Other (as needed);
profit institutions, Federal Government,    (4) the use of automated collection              Affected Public: Business or other for-
and State, Local or Tribal Government;      techniques or other forms of information      profit, and Federal Government;
38204                      Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices

  Number of Respondents: 500,000;                 Title of Information Collection:           Office Building, Room 10235,
  Total Annual Responses: 500,000;             National Hospital Malpractice Insurance       Washington, DC 20503.
  Total Annual Hours: 50,000.                  Survey;                                         Dated: June 28, 1999.
  To obtain copies of the supporting              Form No.: HCFA–R–278 (OMB# 0938–
                                                                                             John P. Burke III,
statement for the proposed paperwork           NEW);
                                                  Use: The Data collected from this          HCFA Reports Clearance Officer, HCFA,
collections referenced above, access                                                         Office of Information Services, Security and
HCFA’s WEB SITE ADDRESS at http://             survey will be used to collect two years      Standards Group, Division of HCFA
www.hcfa.gov/regs/prdact95.htm, or E-          of malpractice insurance costs data from      Enterprise Standards.
mail your request, including your              a nationally representative sample of         [FR Doc. 99–18009 Filed 7–14–99; 8:45 am]
address and phone number, to                   800 hospitals. Along with the survey of
                                                                                             BILLING CODE 4120–03–P
Paperwork@hcfa.gov, or call the Reports        hospitals, we will collect rate schedules
Clearance Office on (410) 786–1326.            from the commercial insurers and the
Written comments and                           offices of state insurance                    DEPARTMENT OF HEALTH AND
recommendations for the proposed               commissioners. As compared to the             HUMAN SERVICES
information collections must be mailed         survey of hospitals which is a statistical
within 30 days of this notice directly to      sampling survey, the survey of the            Health Care Financing Administration
the OMB Desk Officer designated at the         offices of state insurance commissioners
                                               and commercial insurance companies            [HCFA–R–0254]
following address: OMB Human
Resources and Housing Branch,                  will not be a statistical sampling survey.    Agency Information Collection
Attention: Allison Eydt, New Executive         We will match collected data in the rate      Activities: Submission for OMB
Office Building, Room 10235,                   schedules to the data from sampled            Review; Comment Request
Washington, DC 20503.                          hospitals in order to convert malpractice
                                               insurance costs of different level of         AGENCY:   Health Care Financing
  Dated: June 15, 1999.                        coverage into costs of a constant level of    Administration, HHS.
John P. Burke III,                             coverage. The primary statistics will be        In compliance with the requirement
HCFA Reports Clearance Officer, HCFA,          used to rebase the input price index          of section 3506(c)(2)(A) of the
Office of Information Services, Security and   through weight adjustment and the             Paperwork Reduction Act of 1995, the
Standards Group, Division of HCFA              annual percent change to update the           Health Care Financing Administration
Enterprise Standards.                                                                        (HCFA), Department of Health and
                                               operating prospective payment rates.
[FR Doc. 99–18008 Filed 7–14–99; 8:45 am]      Therefore, the NHMIS must allow               Human Services, is publishing the
BILLING CODE 4120–03–P                         estimates of the primary statistics for       following summary of proposed
                                               each hospital be adjusted by their rating     collections for public comment.
                                               basis, coverage elements, and types of        Interested persons are invited to send
DEPARTMENT OF HEALTH AND                       coverage. The survey results will be          comments regarding this burden
HUMAN SERVICES                                 used to estimate the weight of                estimate or any other aspect of this
                                               malpractice insurance costs in relation       collection of information, including any
Health Care Financing Administration                                                         of the following subjects: (1) The
                                               to goods and services hospitals purchase
[Document Identifier: HCFA–R–278]              in order to furnish inpatient care and to     necessity and utility of the proposed
                                               calculate the malpractice insurance cost      information collection for the proper
Agency Information Collection                  to change over time at the national level.    performance of the agency’s functions;
Activities: Submission for OMB                 The analytic results will be used to          (2) the accuracy of the estimated
Review; Comment Request                        adjust Medicare operating                     burden; (3) ways to enhance the quality,
                                               reimbursement rates to Medicare               utility, and clarity of the information to
  In compliance with the requirement                                                         be collected; and (4) the use of
                                               participating hospitals and to prepare
of section 3506(c)(2)(A) of the                                                              automated collection techniques or
                                               statistical summaries.
Paperwork Reduction Act of 1995, the              Frequency: Annually;                       other forms of information technology to
Health Care Financing Administration              Affected Public: Not-for-profit            minimize the information collection
(HCFA), Department of Health and               institutions, Business or other for-profit,   burden.
Human Services, has submitted to the           and State, Local, or Tribal Govt.;              Type of Information Collection
Office of Management and Budget                   Number of Respondents: 600;                Request: Reinstatement, without change,
(OMB) the following proposal for the              Total Annual Responses: 600;               of a previously approved collection for
collection of information. Interested             Total Annual Hours: 300.                   which approval has expired; Title of
persons are invited to send comments              To obtain copies of the supporting         Information Collection: National
regarding the burden estimate or any           statement for the proposed paperwork          Medicare Education Program (NMEP)
other aspect of this collection of             collections referenced above, access          Community Survey of Medicare
information, including any of the              HCFA’s WEB SITE ADDRESS at http://            Beneficiaries; Form No.: HCFA–R–0254
following subjects: (1) The necessity and      www.hcfa.gov/regs/prdact95.htm, or E-         (OMB# 0938–0738); Use: A survey of
utility of the proposed information            mail your request, including your             Medicare beneficiaries in six
collection for the proper performance of       address and phone number, to                  communities will be conducted in
the agency’s functions; (2) the accuracy       Paperwork@hcfa.gov, or call the Reports       January 2000 and again in January 2001
of the estimated burden; (3) ways to           Clearance Office on (410) 786–1326.           to monitor the NMEP implementation.
enhance the quality, utility, and clarity      Written comments and                          Beneficiaries in these same
of the information to be collected; and        recommendations for the proposed              communities were interviewed in
(4) the use of automated collection            information collections must be mailed        September 1998 and February 1999.
techniques or other forms of information       within 30 days of this notice directly to     This approach will gather information
technology to minimize the information         the OMB Desk Officer designated at the        on changes in: awareness of
collection burden.                             following address: OMB Human                  Medicare+Choice expansions and
  Type of Information Collection               Resources and Housing Branch,                 options; knowledge about Medicare and
Request: New Collection;                       Attention: Allison Eydt, New Executive        the Medicare+Choice options; where
                          Federal Register / Vol. 64, No. 135 / Thursday, July 15, 1999 / Notices                                                            38205

beneficiaries go to find more                  continue to use the services of an                                                                          Effective
                                                                                                                    Subject city, state
information; and whether they are              excluded party even though no program                                                                         date
aware of the many information                  payments will be made for items and
resources available to them; and               services provided by that excluded                            Coral Springs, FL
satisfaction with their information/           party. The exclusions have national                         Metro Med Ambulette, Inc ........               07/20/1999
knowledge; Frequency: Annually;                effect and also apply to all Executive                        E Rockaway, NY
                                                                                                           Michkovits, John F ....................         07/20/1999
Affected Public: Individuals or                Branch procurement and non-
                                                                                                             South Haven, MI
Households; Number of Respondents:             procurement programs and activities.                        Morris, Brenda Sue ..................           07/20/1999
2,400; Total Annual Responses: 2,400;                                                                        Rancho Cordova, CA
Total Annual Hours: 600.                                                                      Effective    Nguyen, Hoang Mau ................              07/20/1999
                                                        Subject city, state
  To obtain copies of the supporting                                                            date
                                                                                                             San Diego, CA
statement and any related forms for the                                                                    Nguyen, Dat Tat .......................         07/20/1999
                                                    PROGRAM-RELATED CONVICTIONS
proposed paperwork collections                                                                               San Diego, CA