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					2–10–98                               Tuesday
Vol. 63   No. 27                      February 10, 1998
Pages 6627–6838




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II                             Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998

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                                                                                                                                                  2
                                                                                                                    III

Contents                                                   Federal Register
                                                           Vol. 63, No. 27

                                                           Tuesday, February 10, 1998



African Development Foundation                             Cooperative State Research, Education, and Extension
NOTICES                                                       Service
Meetings; Sunshine Act, 6703                               NOTICES
                                                           Grants and cooperative agreements; availability, etc.:
Agricultural Marketing Service                               Agricultural risk management education program, 6810–
PROPOSED RULES                                                   6816
Limes and avocados grown in Florida, 6679–6681
                                                           Defense Department
Agriculture Department                                     See Navy Department
                                                           NOTICES
See Agricultural Marketing Service
See Animal and Plant Health Inspection Service             Federal Acquisition Regulation (FAR):
See Cooperative State Research, Education, and Extension     Agency information collection activities—
    Service                                                    Proposed collection; comment request, 6728
See Farm Service Agency
See Federal Crop Insurance Corporation                     Drug Enforcement Administration
See Forest Service                                         NOTICES
See Risk Management Agency                                 Applications, hearings, determinations, etc.:
See Rural Business-Cooperative Service                      Wagner, Richard S., M.D., 6771–6774
See Rural Housing Service
See Rural Utilities Service                                Education Department
NOTICES                                                    NOTICES
Meetings:                                                  Agency information collection activities:
 Strategic Planning Task Force, 6703                         Proposed collection; comment request, 6731–6732
                                                             Submission for OMB review; comment request, 6732
Animal and Plant Health Inspection Service                 Grants and cooperative agreements; availability, etc.:
NOTICES                                                      Fund for improvement of postsecondary education
Environmental statements; availability, etc.:                    program, 6830–6831
  Nonregulated status determinations—                      Meetings:
    AgrEvo USA Co.; genetically engineered canola, 6703–     Foreign Medical Education and Accreditation National
        6704                                                     Committee, 6732–6733
Meetings:                                                  Postsecondary education:
  Animal welfare program and initiatives, 6704               Accrediting agencies and State approval agencies for
                                                                 vocational and nurse eduction institutions; national
                                                                 recognition, 6733
Assassination Records Review Board
NOTICES
Formal determinations on records release, 6705–6720        Employment and Training Administration
                                                           NOTICES
                                                           Agency information collection activities:
Census Bureau                                                Proposed collection; comment request, 6774
NOTICES
                                                           Federal-State unemployment compensation program:
Agency information collection activities:                    Unemployment insurance program letters—
 Proposed collection; comment request, 6720–6721               Federal unemployment insurance law interpretation,
                                                                   6774–6781
Centers for Disease Control and Prevention
NOTICES
                                                           Energy Department
Meetings:                                                  See Federal Energy Regulatory Commission
 Breast and Cervical Cancer Early Detection and Control    NOTICES
      Advisory Committee, 6761                             Atomic energy agreements; subsequent arrangements, 6733–
 Childhood Lead Poisoning Prevention Advisory                  6736
      Committee, 6761                                      Meetings:
                                                             Environmental Management Site-Specific Advisory
Commerce Department                                              Board—
See Census Bureau                                              Nevada Test Site, 6736
See International Trade Administration                       Secretary of Energy Advisory Board, 6736–6737
See National Institute of Standards and Technology
See National Oceanic and Atmospheric Administration        Environmental Protection Agency
                                                           RULES
Committee for the Implementation of Textile Agreements     Acquisition regulations:
NOTICES                                                     Information Resources Management policies; electronic
Cotton, wool, and man-made textiles:                            access; correction, 6676–6677
  El Salvador, 6727–6728                                    Profit or fee calculations; correction, 6675–6676
IV                 Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Contents


Air programs; approval and promulgation; State plans for      Farm Service Agency
    designated facilities and pollutants:                     RULES
  New Mexico et al.; correction, 6664–6665                    Program regulations:
Air quality implementation plans:                               Shared appreciation agreements; enforcement and
  Preparation, adoption, and submittal—                             collection, 6627–6629
    Vehicle inspection and maintenance program
         requirements; motorist compliance enforcement        Federal Aviation Administration
         mechanisms for pre-existing programs; correction,    RULES
         6645                                                 Aircraft products and parts; certification procedures:
Air quality implementation plans; approval and                  Primary category seaplanes; weight limit increase, 6808
    promulgation; various States; air quality planning        Airworthiness directives:
    purposes; designation of areas:                             Dornier, 6642–6643
  Ohio et al.; correction, 6664                                 EXTRA Flugzeugbau GmbH, 6635–6636
Air quality implementation plans; approval and                  Glasflugel, 6629–6633
    promulgation; various States:                               HOAC Austria, 6633–6634
  Arizona, 6653–6659                                            McDonnell Douglas, 6639–6642
  Michigan, 6650–6651                                           SOCATA-Groupe AEROSPATIALE, 6636–6639
  Minnesota; correction, 6647–6648                            PROPOSED RULES
  Missouri; correction, 6645–6646, 6648–6649                  Air carrier certification and operations:
  Ohio; correction, 6646–6647, 6649–6650                        Commercial passenger-carrying operations in single-
  Texas, 6651–6653, 6659–6664                                        engine aircraft; gyroscopic instrumentation
  Washington; correction, 6648                                       redundant power; instrument flight rule clarification,
Hazardous waste:                                                     6826–6827
  State underground storage tank program approvals—           Airworthiness directives:
    West Virginia; correction, 6667                             Aerospatiale, 6683–6685
Hazardous waste program authorizations:                         British Aerospace, 6682–6683
  Alabama; correction, 6666–6667                                EXTRA Flugzeugbau GmbH, 6689–6690
Pesticides; tolerances in food, animal feeds, and raw           Sikorsky, 6685–6689
    agricultural commodities:                                 Class B and C airspace, 6818–6823
  Thiodicarb; correction, 6665–6666                           NOTICES
Superfund program:                                            Airport noise compatibility program:
  Toxic chemical release reporting; community right-to-         San Diego International Airport, CA, 6791–6792
       know—                                                  Environmental statements; availability, etc.:
    Hydrochloric acid; correction, 6668                         General Mitchell International Airport, WI, 6792
Toxic substances:                                             Passenger facility charges; applications, etc.:
  Significant new uses—                                         Worcester Regional Airport, MA, 6792–6793
    Cyclohexanecarbonitrile, 1,3,3-trimethyl-5-oxo;
         correction, 6668–6669                                Federal Communications Commission
PROPOSED RULES                                                RULES
Air quality implementation plans; approval and                Frequency allocation and radio treaty matters:
    promulgation; various States:                               Television channels 60-69; 746-806 MHz band
  Michigan, 6690–6691                                               reallocation, 6669–6675
  Texas, 6691                                                 PROPOSED RULES
Superfund program:                                            Radio stations; table of assignments:
  Toxic chemical release reporting; community right-to-         Kansas, 6699
      know—                                                     New York, 6698–6699
    Petition to add Standard Industrial Classification Code   NOTICES
         45, transportation by air, to list of reporting      Agency information collection activities:
         facilities, 6691–6698                                 Submission for OMB review; comment request, 6757–
NOTICES                                                            6758
Agency information collection activities:
  Proposed collection; comment request, 6752–6754             Federal Crop Insurance Corporation
Air programs:                                                 NOTICES
  Ambient air monitoring reference and equivalent             Grants and cooperative agreements; availability, etc.:
      methods—                                                  Agricultural risk management education program, 6810–
    Rupprecht & Patashnick Co., Inc., et al.; Partisol-FRM          6816
         Model 2000, etc., 6754
Clean Air Act:                                                Federal Deposit Insurance Corporation
  Acid rain program—                                          NOTICES
    Sulfur dioxide emission reduction program, 6755           Meetings; Sunshine Act, 6758–6759
Grants and cooperative agreements; availability, etc.:
  Investigator-initiated grants program, 6755–6757            Federal Energy Regulatory Commission
  Mobile source-related outreach projects, 6834–6837          NOTICES
Meetings:                                                     Electric rate and corporate regulation filings:
  Scientific Counselors Board Executive Committee, 6757         Montaup Electric Co. et al., 6741–6747
                                                                Pacific Gas & Electric Co. et al., 6747–6751
Executive Office of the President                             Environmental statements; notice of intent:
See Trade Representative, Office of United States               Northern Natural Gas Co., 6751–6752
                   Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Contents                           V


Applications, hearings, determinations, etc.:                  General Services Administration
 Central Illinois Public Service Co., 6737                     NOTICES
 Columbia Gulf Transmission Co., 6737–6738                     Federal Acquisition Regulation (FAR):
 El Paso Natural Gas Co., 6738                                   Agency information collection activities—
 Mid Louisiana Gas Co., 6738                                       Proposed collection; comment request, 6728
 NorAm Gas Transmission Co., 6738                              Meetings:
 Northern Natural Gas Co., 6738–6739                             Aircraft Management Policy Advisory Board, 6761
 PG&E Gas Transmission, Northwest Corp., 6739
 Texas Gas Transmission Corp., 6739                            Geological Survey
 Union Electric Co., 6739                                      NOTICES
 Union Water Power Co., 6739–6740                              World Energy Project; contribution acceptance from Exxon
 Williston Basin Interstate Pipeline Co., 6740                    Exploration Co., 6766–6767
 Wyoming Interstate Co. Ltd., 6740
                                                               Health and Human Services Department
Federal Highway Administration                                 See Centers for Disease Control and Prevention
NOTICES                                                        See Food and Drug Administration
Reports and guidance documents; availability, etc.:
  Minimum Uniform Crash Criteria, 6793
                                                               Housing and Urban Development Department
                                                               PROPOSED RULES
Federal Maritime Commission                                    HUD building products standards and certification
NOTICES                                                           program; use of materials bulletins, 6798–6805
Agreements filed, etc., 6759                                   NOTICES
Freight forwarder licenses:                                    Grants and cooperative agreements; availability, etc.:
  A.T.M.C. Inc., 6759                                            Small cities development block grants program, etc.—
                                                                   New York, 6762–6764
                                                               Privacy Act:
Federal Reserve System                                           Systems of records, 6764–6765
NOTICES
Banks and bank holding companies:
  Change in bank control, 6760                                 Interior Department
  Formations, acquisitions, and mergers, 6760                  See Fish and Wildlife Service
  Permissible nonbanking activities; correction, 6760          See Geological Survey
                                                               See Land Management Bureau
                                                               See Reclamation Bureau
Fish and Wildlife Service                                      See Surface Mining Reclamation and Enforcement Office
NOTICES
Endangered and threatened species:
                                                               International Trade Administration
  Recovery plans—
                                                               NOTICES
    Star catus, 6765–6766
                                                               Agency information collection activities:
Endangered and threatened species permit applications,
                                                                 Proposed collection; comment request, 6721
    6765
                                                               Antidumping:
Migratory bird hunting:
                                                                 Titanium sponge from—
  International Tin Research Institute, Ltd; application for
                                                                   Russian Federation et al., 6721–6722
       approval of tin shot as nontoxic for waterfowl
                                                               Scope rulings; list, 6722–6724
       hunting, 6766

                                                               International Trade Commission
Food and Drug Administration                                   NOTICES
RULES                                                          Meetings; Sunshine Act, 6770–6771
Animal drugs, feeds, and related products:
 New drug applications—
   Salinomycin, 6644                                           Justice Department
 Sponsor name and address changes—                             See Drug Enforcement Administration
   Phoenix Scientific, Inc., 6643–6644
NOTICES                                                        Labor Department
Committees; establishment, renewal, termination, etc.:         See Employment and Training Administration
  Antiviral Drugs Advisory Committee et al., 6761–6762
Food additive petitions:
  Monsanto Co., 6762                                           Land Management Bureau
                                                               NOTICES
                                                               Environmental statements; availability, etc.:
Forest Service                                                   TransColorado Gas Transmission Co. pipeline project, CO
NOTICES                                                              and NM, 6767
Environmental statements; availability, etc.:                  Meetings:
  TransColorado Gas Transmission Co. pipeline project, CO        Resource advisory councils—
      and NM, 6767                                                 Northeastern Great Basin, 6767
Meetings:                                                      Realty actions; sales, leases, etc.:
  Scientists Committee, 6704–6705                                Arizona, 6768
VI                 Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Contents


National Aeronautics and Space Administration               Reclamation Bureau
NOTICES                                                     NOTICES
Federal Acquisition Regulation (FAR):                       Environmental statements; notice of intent:
  Agency information collection activities—                   Central Platte River Region, NE et al.; four threatened and
    Proposed collection; comment request, 6728                    endangered species; recovery implementation
                                                                  program, 6768–6770
National Archives and Records Administration
NOTICES                                                     Research and Special Programs Administration
Agency information collection activities:                   RULES
 Submission for OMB review; comment request, 6782           Pipeline safety:
                                                              Hazardous liquid transportation—
National Highway Traffic Safety Administration                  Older hazardous liquid and carbon dioxide pipelines;
NOTICES                                                              pressure testing; response to reconsideration
Reports and guidance documents; availability, etc.:                  petitions, 6677–6678
  Minimum uniform crash criteria, 6793
                                                            Risk Management Agency
National Institute of Standards and Technology              NOTICES
NOTICES                                                     Grants and cooperative agreements; availability, etc.:
Grants and cooperative agreements; availability, etc.:        Agricultural risk management education program, 6810–
  Precision measurement program, 6724–6726                        6816

National Mediation Board                                    Rural Business-Cooperative Service
RULES                                                       RULES
Minimum conduct standards; CFR part removed, 6644–          Program regulations:
   6645                                                       Shared appreciation agreements; enforcement and
                                                                  collection, 6627–6629
National Oceanic and Atmospheric Administration
PROPOSED RULES                                              Rural Housing Service
Fishery conservation and management:                        RULES
  Northeastern United States fisheries—                     Program regulations:
    Hake, 6699–6701                                           Shared appreciation agreements; enforcement and
    New England Fishery Management Council; meetings,             collection, 6627–6629
        6701–6702
NOTICES                                                     Rural Utilities Service
Meetings:                                                   RULES
  Pacific Fishery Management Council, 6726–6727             Program regulations:
Permits:                                                      Shared appreciation agreements; enforcement and
  Marine mammals, 6727                                            collection, 6627–6629

National Skill Standards Board                              Securities and Exchange Commission
NOTICES                                                     NOTICES
Meetings, 6782                                              Self-regulatory organizations; proposed rule changes:
                                                              Boston Stock Exchange, Inc., 6787–6788
Navy Department                                               National Association of Securities Dealers, Inc., 6789–
NOTICES                                                            6790
Inventions, Government-owned; availability for licensing,     Philadelphia Stock Exchange, Inc., 6790
    6728–6731
                                                            Small Business Administration
Nuclear Regulatory Commission                               NOTICES
NOTICES                                                     Agency information collection activities:
Agency information collection activities:                    Submission for OMB review; comment request, 6790–
 Proposed collection; comment request, 6782–6783                 6791
Meetings; Sunshine Act, 6786–6787
Applications, hearings, determinations, etc.:               Surface Mining Reclamation and Enforcement Office
 Baltimore Gas & Electric Co., 6783–6784                    RULES
 Duke Energy Corp., 6784–6786                               Permanent program and abandoned mine land reclamation
                                                                plan submissions:
Office of United States Trade Representative                  Mississippi; correction, 6796
See Trade Representative, Office of United States
                                                            Textile Agreements Implementation Committee
Public Health Service                                       See Committee for the Implementation of Textile
See Centers for Disease Control and Prevention                  Agreements
See Food and Drug Administration
                                                            Trade Representative, Office of United States
Railroad Retirement Board                                   NOTICES
NOTICES                                                     Meetings:
Agency information collection activities:                    Industry Sector Advisory Committees—
 Proposed collection; comment request, 6787                    Small and minority business, 6791
                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Contents                     VII


Transportation Department                               Part IV
See Federal Aviation Administration                     Department of Agriculture, Cooperative State Research,
See Federal Highway Administration                          Education, and Extension Service, Federal Crop
See National Highway Traffic Safety Administration          Insurance Corporation, Risk Management Agency
See Research and Special Programs Administration            6810–6816

                                                        Part V
Treasury Department                                     Department of Transportation, Federal Aviation
NOTICES                                                     Administration, 6818–6823
Agency information collection activities:
 Submission for OMB review; comment request, 6793–      Part VI
     6794                                               Department of Transportation, Federal Aviation
                                                            Administration, 6826–6827

United States Information Agency                        Part VII
NOTICES                                                 Department of Education, 6830–6831
Art objects; importation for exhibition:
  Conversion by Candlelight: The Four Magdalens by      Part VIII
      Georges de la Tour, 6794–6795                     Environmental Protection Agency, 6834–6837


                                                        Reader Aids
Separate Parts In This Issue                            Additional information, including a list of telephone
                                                        numbers, finding aids, reminders, and a list of Public Laws
Part II                                                 appears in the Reader Aids section at the end of this issue.
Department of Housing and Urban Development, 6798–
    6805
                                                        Electronic Bulletin Board
                                                        Free Electronic Bulletin Board service for Public Law
Part III                                                numbers, Federal Register finding aids, and a list of
Department of Transportation, Federal Aviation          documents on public inspection is available on 202–275–
    Administration, 6808                                1538 or 275–0920.
VIII                              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR
1951...................................6627
Proposed Rules:
911.....................................6679
915.....................................6679
14 CFR
21.......................................6808
39 (7 documents) .............6629,
           6633, 6635, 6636, 6638,
                               6639, 6642
Proposed Rules:
39 (4 documents) .............6682,
                     6683, 6685, 6689
71.......................................6818
135.....................................6826
21 CFR
522.....................................6643
529.....................................6643
558.....................................6644
24 CFR
Proposed Rules:
200.....................................6798
29 CFR
1200...................................6644
30 CFR
924.....................................6796
40 CFR
51.......................................6645
52 (11 documents) ...........6645,
           6646, 6647, 6648, 6649,
  6650, 6651, 6653, 6659, 6664
62.......................................6664
81.......................................6664
180.....................................6665
186.....................................6665
271.....................................6666
281.....................................6667
372.....................................6668
721.....................................6668
Proposed Rules:
52 (2 documents) .............6690,
                                          6691
372.....................................6691
47 CFR
2.........................................6669
Proposed Rules:
73 (2 documents) .............6698,
                                        6699
48 CFR
1515...................................6675
1552 (2 documents) .........6675,
                                        6676
49 CFR
195.....................................6677
50 CFR
Proposed Rules:
648 (2 documents) ...........6699,
                             6701
                                                                                                                                 6627

Rules and Regulations                                                                        Federal Register
                                                                                             Vol. 63, No. 27

                                                                                             Tuesday, February 10, 1998



This section of the FEDERAL REGISTER            Executive Order 12372                        number of small entities as defined in
contains regulatory documents having general
                                                   1. For the reasons contained in the       the Regulatory Flexibility Act, Public
applicability and legal effect, most of which                                                Law 96–534, as amended (5 U.S.C. 601).
are keyed to and codified in the Code of        final rule related Notice to 7 CFR part
                                                3015, subpart V (48 FR 29115, June 24,       This rule will not increase or decrease
Federal Regulations, which is published under                                                the action required by small business
50 titles pursuant to 44 U.S.C. 1510.           1983), Farm Ownership Loans, Farm
                                                Operating Loans, and Emergency Loans         entities. Amendments included in this
The Code of Federal Regulations is sold by                                                   rule also will not impact small entities
                                                are excluded from the scope of E.O.
the Superintendent of Documents. Prices of                                                   to a greater extent than large entities or
                                                12372, which requires
new books are listed in the first FEDERAL                                                    individual farm borrowers.
                                                intergovernmental consultation with
REGISTER issue of each week.
                                                State and local officials.                   Unfunded Mandates Reform Act of
                                                   2. The Soil and Water Loan Program        1995
DEPARTMENT OF AGRICULTURE                       is subject to and has met the provisions        Title II of the Unfunded Mandates
                                                of E.O.12372 in accordance with FmHA         Reform Act of 1995 (UMRA), Public
Rural Housing Service                           Instruction 1940–J.                          Law 104–4, establishes requirements for
                                                Federal Assistance Program                   Federal agencies to assess the effects of
Rural Business-Cooperative Service
                                                                                             their regulatory actions on State, local,
                                                  These changes affect the following         and tribal governments and the private
Rural Utilities Service
                                                FSA programs as listed in the Catalog of     sector of $100 million or more in any 1
Farm Service Agency                             Federal Domestic Assistance:                 year. When such statement is needed for
                                                10.404—Emergency Loans                       a rule, section 205 of the UMRA, FSA
7 CFR Parts 1951                                10.406—Farm Operating Loans                  generally must prepare a written
                                                10.407—Farm Ownership Loans                  statement, including a cost-benefit
RIN 0560–AE61                                   10.416—Soil and Water Loans                  analysis, for proposed and final rules
                                                Environmental Impact Statement               with ‘‘Federal mandates’’ that may
Enforcement and Collection of Shared                                                         result in expenditures to State, local,
Appreciation Agreements                            This document has been reviewed in        and tribal governments, in the aggregate,
                                                accordance with 7 CFR part 1940,             or to the private sector. When such a
AGENCIES:  Rural Housing Service, Rural         subpart G, ‘‘Environmental Program.’’        statement is needed for a rule, section
Business-Cooperative Service, Rural             The issuing agencies have determined         205 of the UMRA generally requires
Utilities Service, Farm Service Agency,         that this action does not significantly      FSA to identify and consider a
USDA.                                           affect the quality of human                  reasonable number of regulatory
ACTION:   Final rule.                           environment, and in accordance with          alternatives and adopt the least costly,
                                                the National Environmental Policy Act        more cost effective or least burdensome
SUMMARY: The Farm Service Agency                of 1969, Pub L. 91–190, an                   alternative that achieves the objectives
(FSA) is amending its direct Farm Loan          Environmental Impact Statement is not        of the rule.
Programs loan servicing regulations to          required.                                       This rule contains no Federal
clarify the requirements for collecting         Executive Order 12988                        mandates (under the regulatory
on a Shared Appreciation Agreement                                                           provisions of Title II of the UMRA) for
(SAA). The intended effect is to reduce           This final rule has been reviewed in       State, local, and tribal governments or
losses to the Government caused by              accordance with E.O. 12988, Civil            the private sector. Thus, this rule is not
litigation expenses and delays in               Justice Reform. In accordance with this      subject to the requirements of sections
account collection.                             rule: (1) State and local laws and           202 and 205 of the UMRA.
                                                regulations that are in conflict with this
EFFECTIVE DATE:   March 12, 1998.               rule will be preempted; (2) no               National Performance Review
FOR FURTHER INFORMATION CONTACT:                retroactive effect will be given to this       This rule has been reviewed in
Kimberly R. Laris, Senior Loan Officer,         rule: and (3) administrative proceedings     accordance with the National
Farm Loan Programs Loan Servicing               in accordance with 7 CFR parts 11 and        Performance Review.
Division, Farm Service Agency (FSA),            780 must be exhausted before bringing
                                                                                             Discussion of Final Rule
U.S. Department of Agriculture, STOP            suit in court challenging action taken
0523, 1400 Independence Ave., SW,               under this rule.                               These changes involve the Farm Loan
Washington, D.C. 20250–0523;                                                                 Programs (FLP) loans of FSA formerly
                                                Paperwork Reduction Act of 1995              administered by the Farmers Home
Telephone: 202–720–1649; Facsimile:
202–690–0949; E-mail:                             This final rule does not impose any        Administration (FmHA) as Farmer
klaris@usda.fsa.gov.                            new information or record keeping            Programs loans.
                                                requirements on the public that require        This rule amends 7 CFR part 1951
SUPPLEMENTARY INFORMATION:                      clearance by the OMB under the               subpart S which was published in its
Executive Order 12866                           provisions of 44 U.S.C. chapter 35.          entirety as an interim rule with a
                                                                                             request for comments (53 FR 35638–
  This rule has been determined not             Regulatory Flexibility Act                   35798, September 14, 1988) to
significant for the purposes of E.O.              The issuing agencies certify that this     implement the requirements of the
12866 and has not been reviewed by              rule will not have a significant             Agricultural Credit Act of 1987. A
OMB.                                            economic impact on a substantial             second interim rule with a request for
6628         Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

comments (57 FR 18612, April 30, 1992)      records be reviewed biannually be               outstanding Farm Loan Programs
was published to implement                  revised to require that records be              loans. * * *
amendments made by the Food,                reviewed after expiration of the                   3. Section 1951.909 is amended by
Agriculture, Conservation, and Trade        agreement. This suggestion was                  revising paragraphs (e)(2)(viii),
Act of 1990. This rule is being             adopted. The requirement that records           (e)(2)(vii) introductory text, and
published in response to comments           be reviewed after expiration of the             (e)(2)(viii)(A), (h)(3)(viii), and (j) to read
received on these interim rules and to      agreement is not included in the final          as follows and by removing paragraphs
make minor clarifications. In addition,     rule since it is an internal Agency policy      (k), (l), and (m):
the Office of Management and Budget         directive.
control number assigned for the                Additionally, FSA is proposing to            § 1951.909 Processing primary loan
                                                                                            service programs requests.
approval of information collections is      remove administrative processes from
being revised to reflect the transfer of    the regulations leaving only regulatory            (e) * * *
the public reporting burden from the        actions which impact the public. Also,             (2) * * *
                                                                                               (vii) Reamortized installments usually
Farmers Home Administration to the          some paragraphs are reorganized and
Farm Service Agency in accordance                                                           will be scheduled for repayment within
                                            wording changes are made to make the
with the provisions of the Federal Crop                                                     the remaining time period of the note or
                                            regulation more concise and easier to
Insurance Reform and Department of                                                          assumption agreement being
                                            read and understand. FSA is developing
Agriculture Reorganization Act of 1994                                                      reamortized. If repayment is extended,
                                            a separate handbook to address internal
(Pub. L. 103–354).                                                                          the new repayment period plus the
                                            operating procedures. This handbook
  As a condition to, and in                                                                 period the loan has been in effect may
                                            will not be published in the Federal
consideration of, having a portion of                                                       not exceed the maximum number of
                                            Register, but will be available to the
their debt written down and their loans                                                     years for that type of loan as set forth
                                            public upon request.
restructured, a borrower must execute          For example, in this rule, FSA is            below, or the useful life of the security,
an SAA. FSA collects a portion of the       removing the specific references to             whichever is less:
written off debt from appreciation of the                                                      (A) FO, SW, RL, EE, and EM loans
                                            Exhibit D, ‘‘Shared Appreciation
real estate security when the property is                                                   may not exceed 40 years from the date
                                            Agreement,’’ which is being made into
sold, the loans are paid or the farmer                                                      of the original note or assumption
                                            Form FSA 1951–64. FSA will continue
quits farming. Current regulations are                                                      agreement.
                                            to use these types of specialized forms.
written so as to allow collection on an                                                        (B) EE loans for real estate purposes,
                                            However, since these matters involve
SAA only after transfer of title. The                                                       which are secured by chattels only, may
                                            internal operating procedures, the form
present wording has resulted in the                                                         be reamortized over a period not to
                                            will be contained in FSA’s internal
interpretation that property must be                                                        exceed 20 years from the date of the
                                            instructions only, with the regulation
foreclosed upon in order to effect a                                                        original note or assumption agreement.
                                            referencing only that a form will be               (C) RHF loans may not exceed 33
change in title before SAA can be           executed. Other clarifications are made
enforced. This requires filing an                                                           years from the date of the original note
                                            on how to execute, service and collect          or assumption agreement.
additional civil action after foreclosure   Shared Appreciation Agreements. This
to collect proceeds that result from                                                           (D) SA loans may not exceed 25 years
                                            change will clarify that acceleration of        from the date of the original amortized
value appreciation of the security. This    the loan triggers acceleration of the
results in decreased collections on                                                         note.
                                            SAA.                                               (viii) The interest rate will be as
SAA’s and increased litigation costs.
This rule clarifies that acceleration of    List of Subjects in 7 CFR Part 1951             follows:
                                                                                               (A) The interest rate will be the
the loan triggers acceleration of the         Account servicing, Debt restructuring,        current interest rate in effect on the date
SAA.                                        Credit, Loan programs—agriculture,
  Comments were received from a State                                                       of reamortization (the date the new note
                                            Loan programs—housing and                       is signed by the borrower), or the
commissioner of agriculture, a State        community development, Low and
rural action organization, a legal                                                          interest rate on the original Promissory
                                            moderate income housing loans—                  Note to be reamortized, whichever is
services organization, and the National     servicing.
Family Farm Coalition. Two                                                                  less. In the case of a limited resource
                                              For the reasons stated in the                 loan, it will be the limited resource FO
commenters recommended that FSA             preamble, the Farm Service Agency
clarify that a borrower may pay the                                                         or SW loan rate or the original loan note
                                            amends 7 CFR, part 1951 as follows:             rate, whichever is less. SA loans will be
amount due under an SAA in
installments and that the debt arising                                                      remortized at the current nonprogram
                                            PART 1951—SERVICING AND
out of this agreement may be serviced as                                                    interest rate in effect on the date of
                                            COLLECTIONS
an Agency loan. This recommendation                                                         reamortization or the nonprogram
has been adopted in this rule. Another        1. The authority citation for part 1951       interest rate on the original amortized
commenter suggested that the regulation     continues to read as follows:                   note, whichever is less.
address how shared appreciation is to         Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and   *       *    *     *     *
be handled when there is only a partial     42 U.S.C. 1480.                                    (h) * * *
sale of the real estate securing the SAA.                                                      (3) * * *
This recommendation has also been           Subpart S—Farm Loan Programs                       (viii) Upon payment by the borrower
adopted and the necessary changes are       Account Servicing Policies                      of current market value buyout, the
made by this rule. A commenter also           2. Section 1951.901 is amended by             security instruments will be released for
recommended that the SAA contain the        adding a new sentence after the second          the Farm Loan Programs loans bought
amounts of appreciation to be               sentence to read as follows:                    out.
recaptured and the actions that trigger                                                     *       *    *     *     *
the agreement. This recommendation          § 1951.901   Purpose.                              (j) Processing of writedown. The
has also been adopted. Another                * * * Shared Appreciation Loans               DALR$ computer program will be used
commenter recommended that the              (SA) may be reamortized under this              to determine the notes and amount to be
Agency requirement that real estate         subpart if the borrower also has                written down. The borrower’s account
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                          6629

will be credited for the amount written      cannot be obtained through another           security remaining, the best lien
down and the loans remaining after           method.                                      obtainable on any other real estate or
writedown will be rescheduled or                (2) [Reserved]                            chattel property sufficient to secure the
reamortized.                                    (3) Shared appreciation will be due if    SA note, if available.
  (1) A separate note will be signed for     there is a positive difference between          (8) The borrower will sign a
each loan being reamortized.                 the market value of the security             promissory note for each SA loan
  (2) If any loan written down was           property at the time of calculation and      established.
secured by real estate, the borrower         the market value of the security                (9) If the borrower has outstanding
must enter into a ‘‘Shared Appreciation      property as of the date of the SAA. The      FLP loans, and becomes delinquent or
Agreement.’’ This agreement provides         maximum appreciation requested will          financially distressed as defined in
for FSA to collect back all or part of the   not be more than the total amount            § 1951.906, the SA loan may be
amount written down by taking a share        written down. The amount of shared           considered for reamortization as set
in any positive appreciation in the value    appreciation will be:                        forth in § 1951.909(e).
of the real property securing the SAA           (i) 75% of any positive appreciation if      (f) Priority of collection application.
and the remaining debt after the             any one of the events listed in              Proceeds from the sale of security
writedown. The maximum amount of             paragraphs (b)(1) through (4) of this        property will first be applied to any
shared appreciation collected will not       section occur within 4 years or less from    prior lienholder’s debt, then to any
exceed the amount written down. If a         the date of the SAA; or                      shared appreciation due, and to the
borrower’s FLP loan was not secured by          (ii) 50% of any positive appreciation     balance of outstanding FLP loans in
real estate, the borrower will not be        if any one of the events listed in           accordance with subpart A of this part.
required to enter into a shared              paragraphs (b)(1) through (4) of this           (g) Subordination. Subordination of
appreciation agreement.                      section occurs more than 4 years from        FSA’s lien on property securing the
  (3) A lien will be taken on assets in      the date of the SAA, or if the term of the   Shared Appreciation Agreement may be
accordance with § 1951.910. The              SAA expires.
                                                                                          approved and processed in accordance
Agency’s real estate liens will be              (4) [Reserved]
                                                (5) When the full amount of the           with subpart A of part 1965 of this
maintained even if the writedown of the                                                   chapter provided the prior lien debt is
                                             appreciation due under this section and
borrower’s debt results in all real estate                                                not increased.
                                             any remaining FSA debt is paid in full
debts to the Agency being written down.                                                      5. Section 1951.950 is amended to
                                             and credited to the account, the
The Agency’s real estate lien will not be    borrower will be released from liability.    revise the OMB control number ‘‘0575–
surbordinated to increase the amount of         (6) Shared appreciation that will         0133’’ in the first and last sentences to
the prior liens during the shared            become due will be included in the           read ‘‘0560–0161’’.
appreciation period.                         amount owed to FSA, such as with any            6. Exhibit D is removed and reserved.
  4. Section 1951.914 is amended to          debt settlement. Nonamortized shared           Signed in Washington, D.C., on January 26,
read as follows:                             appreciation may be assumed and              1998.
§ 1951.914 Servicing Shared Appreciation     amortized on program or nonprogram           August Schumacher, Jr.,
Agreements.                                  terms based on the transferee’s              Under Secretary for Farm and Foreign
   (a) [Reserved]                            eligibility as contained in subpart A of     Agricultural Services.
   (b) When shared appreciation is due.      part 1965 of this chapter.                   [FR Doc. 98–3314 Filed 2–9–98; 8:45 am]
Shared appreciation is due at the end of        (d) [Reserved]                            BILLING CODE 3410–05–P
the term of the Shared Appreciation             (e) Shared appreciation amortization.
Agreement, or sooner, if one of the          Shared appreciation may be amortized
                                             to a nonprogram loan for borrowers who
following events occurs:                                                                  DEPARTMENT OF TRANSPORTATION
   (1) The sale or conveyance of any or      will continue with FSA on program
all the real estate security, including      loans. Shared appreciation will not be       Federal Aviation Administration
gift, contract for sale, purchase            amortized if the amount is due because
                                             of acceleration, payment in full or          14 CFR Part 39
agreement, or foreclosure. Transfer to
                                             satisfaction of the debt, or the borrower
the spouse of the borrower in case of the                                                 [Docket No. 96–CE–35–AD; Amendment 39–
                                             ceases farming. The amount due may be
death of the borrower will not be treated                                                 10213; AD 97–24–06]
                                             amortized as an SA loan under the
as a conveyance; until the spouse
                                             following conditions:                        RIN 2120–AA64
further conveys the property;                   (1) The borrower must have a feasible
   (2) Repayment of the loans; or the                                                     Airworthiness Directives; Glasflugel
                                             plan as defined in § 1951.906 including
loans are otherwise satisfied;               the SA loan payment.                         Models Standard Libelle and Standard
   (3) The borrower or surviving spouse         (2) The borrower must be unable to        Libelle 201 B Sailplanes
ceases farming operations or no longer       pay the shared appreciation, or obtain
receives farm income, including lease        the funds elsewhere to pay the shared        AGENCY:  Federal Aviation
income; or                                   appreciation.                                Administration, DOT.
   (4) The notes are accelerated.               (3) [Reserved]                            ACTION: Final rule.
   (c) Determining the amount of shared         (4) [Reserved]
appreciation due. (1) The current               (5) The loan term will be based on the    SUMMARY:    This amendment adopts a
market value of the real estate property     borrower’s repayment ability and the         new airworthiness directive (AD) that
will be determined based on a current        life of the security, not to exceed 25       applies to Glasflugel Models Standard
appraisal. If only a portion of the real     years.                                       Libelle and Standard Libelle 201 B
estate is sold, an appraisal will only be       (6) The interest rate will be the         sailplanes. This action requires
done on the real estate being considered     nonprogram real property rate contained      inspecting the aileron operating lever’s
for release. For these cases, an appraisal   in RD Instruction 440.1 (available in any    actuating shaft welded seams for cracks;
may be required to determine the             FSA office.)                                 modifying or replacing the actuating
market value of the property at the time        (7) A lien will be obtained on any        shaft, if cracked; and, if no cracks are
the SAA was signed if such value             remaining FSA security, or if there is no    found, eventually modifying or
6630         Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

replacing the shaft. Cracks found in the   The FAA’s Determination                       List of Subjects in 14 CFR Part 39
welded seams of the actuating shaft                                                        Air transportation, Aircraft, Aviation
prompted this action. The actions            After careful review of all available
                                           information related to the subject            safety, Safety.
specified by this AD are intended to
prevent cracks in the aileron operating    presented above including the                 Adoption of the Amendment
lever’s actuating shaft welded seams,      referenced service information, the FAA         Accordingly, pursuant to the
which, if not detected and corrected,      has determined that air safety and the        authority delegated to me by the
could cause loss of control of the         public interest require the adoption of       Administrator, the Federal Aviation
sailplane.                                 the rule as proposed, except for the          Administration amends part 39 of the
DATES: Effective March 13, 1998.           addition of the appendix described            Federal Aviation Regulations (14 CFR
ADDRESSES: Service information that
                                           above and minor editorial corrections.        part 39) as follows:
pertains to this AD may be obtained        Cost Impact
from Glasflugel, c/o H. Streifeneder,                                                    PART 39—AIRWORTHINESS
Glasfaser-Flugzeug Service GmbH,              The FAA estimates that 108 sailplanes      DIRECTIVES
Hofener Weg, D–72582 Grabenstetten,        in the U.S. registry will be affected by        1. The authority citation for part 39
Germany. This information may also be      this AD; that it will take approximately      continues to read as follows:
examined at the Federal Aviation           4 workhours per sailplane to
                                                                                           Authority: 49 U.S.C. 106(g), 40113, 44701.
Administration (FAA), Central Region,      accomplish the inspection, repair and
Office of the Regional Counsel,            modification; or that it will take 3          § 39.13   [Amended]
Attention: Rules Docket 96–CE–35–AD,       workhours per sailplane to inspect and          2. Section 39.13 is amended by
Room 1558, 601 E. 12th Street, Kansas      replace the lever shaft; and that the         adding a new airworthiness directive
City, Missouri 64106.                      average labor rate is estimated to be         (AD) to read as follows:
FOR FURTHER INFORMATION CONTACT: Mr.       approximately $60 an hour. Material
                                                                                         97–24–06. Glasflugel: Amendment 39–
J. Mike Kiesov, Project Officer,           cost for the modification is                        10213; Docket No. 96–CE–35–AD.
Sailplanes, FAA, Small Airplane            approximately $10 per sailplane, and a
                                                                                            Applicability: Models Standard Libelle and
Directorate, 1201 Walnut, suite 900,       replacement shaft part costs $140 per         Standard Libelle 201 B Sailplanes (all serial
Kansas City, Missouri 64106; telephone     sailplane. Based on these figures, the        numbers), certificated in any category.
(816) 426–6932, facsimile (816) 426–       total cost impact of this AD on U.S.             Note 1: This AD applies to each sailplane
2169.                                      operators is estimated to be $27,000          identified in the preceding applicability
SUPPLEMENTARY INFORMATION:                 ($250 per sailplane) if all shafts are        provision, regardless of whether it has been
                                           modified, or $34,560 ($320 per                modified, altered, or repaired in the area
Events Leading to the Issuance of This     sailplane) if all shafts are replaced. This   subject to the requirements of this AD. For
AD                                         figure is based on the presumption that       sailplanes that have been modified, altered,
   A proposal to amend part 39 of the      no affected sailplane owner/operator          or repaired so that the performance of the
                                                                                         requirements of this AD is affected, the
Federal Aviation Regulations (14 CFR       has accomplished the inspection or            owner/operator must request approval for an
part 39) to include an AD that would       modification.                                 alternative method of compliance in
apply to Glasflugel Models Standard                                                      accordance with paragraph (e) of this AD.
Libelle and Standard Libelle 201 B         Regulatory Impact
                                                                                         The request should include an assessment of
Sailplanes was published in the Federal       The regulations adopted herein will        the effect of the modification, alteration, or
Register on December 10, 1996 (61 FR                                                     repair on the unsafe condition addressed by
                                           not have substantial direct effects on the    this AD; and, if the unsafe condition has not
65006). The action proposed to require     States, on the relationship between the
inspecting the aileron operating lever’s                                                 been eliminated, the request should include
                                           national government and the States, or        specific proposed actions to address it.
actuating shaft welded seams for cracks.   on the distribution of power and
If cracks are found, the proposal                                                           Compliance: Required as indicated in the
                                           responsibilities among the various            body of this AD, unless already
specifies repairing and modifying, or      levels of government. Therefore, in           accomplished.
replacing the actuating shaft. If no       accordance with Executive Order 12612,           To prevent cracks in the aileron operating
cracks are found, the actuating shaft      it is determined that this final rule does    lever’s actuating shaft welded seams, which,
would be modified or replaced at a later   not have sufficient federalism                if not detected and corrected, could cause
time. Accomplishment of these actions      implications to warrant the preparation       loss of control of the sailplane, accomplish
was proposed in accordance with the                                                      the following:
                                           of a Federalism Assessment.                      (a) Within the next 30 calendar days after
Glasfaser-Flugzeug-Service GmbH
Technical Note (TN) 201–33, dated             For the reasons discussed above, I         the effective date of this AD, inspect for
March 4, 1996. Based upon the              certify that this action (1) is not a         cracks in the paint of the aileron operating
                                           ‘‘significant regulatory action’’ under       lever’s actuating shaft welded seams using a
difficulty in obtaining the above-                                                       magnifying glass (2x minimum) and a
referenced technical note for U.S.         Executive Order 12866; (2) is not a
                                                                                         flashlight, and if there are cracks in the paint,
operators of the affected airplanes, the   ‘‘significant rule’’ under DOT                then prior to further flight, remove the
FAA is revising the proposal to include    Regulatory Policies and Procedures (44        actuating shaft and perform a dye-penetrant
an AD appendix which incorporates the      FR 11034, February 26, 1979); and (3)         inspection for cracks in accordance with
Accomplishment Instructions and            will not have a significant economic          Method 1 in the Accomplishment
Figures of the Glasfaser-Flugzeug GbmH     impact, positive or negative, on a            Instructions section and Figure 1 of the
Technical Note TN 201–33, dated March      substantial number of small entities          Appendix to this AD.
4, 1996.                                   under the criteria of the Regulatory             (1) If cracks are seen in the actuating shaft,
   Interested persons have been afforded   Flexibility Act. A copy of the final          prior to further flight, either:
                                                                                            (i) Repair any cracked welded seams, and
an opportunity to participate in the       evaluation prepared for this action is        modify the shaft in accordance with Method
making of this amendment. No               contained in the Rules Docket. A copy         2 of the Accomplishment Instructions and
comments were received on the              of it may be obtained by contacting the       Figure 2 in the Appendix of this AD; or,
proposed rule or the FAA’s                 Rules Docket at the location provided            (ii) Remove and replace the shaft with a
determination of the cost to the public.   under the caption ADDRESSES.                  new Glasflugel reinforced shaft in accordance
               Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                     6631

with Figure 1 and Method 3 in the                forwarded through an appropriate FAA              Appendix to AD 97–24–06—Aileron
Accomplishment Instructions in the               Maintenance Inspector, who may add                Actuating Shaft
Appendix of this AD.                             comments and then send it to the Manager,
  (2) If no cracks are found, within the next    Small Airplane Directorate.                         Method 2:
8 calendar months after the inspection             Note 3: Information concerning the                Remove all paint. Weld (grove welding) all
required by paragraph (a) of this AD, either:    existence of approved alternative methods of      cracks. Weld the joints with the WIG-inert
  (i) Modify the aileron operating lever’s       compliance with this AD, if any, may be           protective atmosphere welding system
shaft in accordance with Method 2 of the         obtained from the Small Airplane                  (wolfram inert gas welding system) with
Accomplishment Instructions in the               Directorate.                                      welding material 1.7734.2. Weld the plates
Appendix of this AD; or,                                                                           (position 7) to the actuating shaft according
                                                   (f) Information related to this AD may be
  (ii) Remove and replace the shaft with a                                                         to Figure 2. Finish the actuating shaft with
                                                 examined at the FAA, Central Region, Office
new Glasflugel reinforced shaft in accordance
                                                 of the Regional Counsel, Room 1558, 601 E.        primer and paint (paint type RAL 7003).
with Method 3 in the Accomplishment
                                                 12th Street, Kansas City, Missouri.               Reinstall the aileron actuating shaft.
Instructions and Figure 1 in the Appendix of
this AD.                                         Appendix to AD 97–24–06—Aileron                     Note: Method 2 in the Appendix refers to
  Note 2: The FAA recommends that the                                                              welding material 1.7734.2. The FAA and the
                                                 Actuating Shaft
shafts be finished with zinc-chromate primer                                                       LBA were unable to determine the U.S.
and paint with a grayish-green shade.            Accomplishment Instructions                       equivalent to this material. The
  (b) After completing any action described                                                        recommended options would be to order the
                                                    Method 1:
in paragraph (a) or any sub-paragraph of (a)                                                       original part from the manufacturer, order the
                                                    Note: The term ‘‘WIG-inert protective          welding material from the manufacturer, or
in this AD, prior to further flight, check and   atmosphere welding system’’ used within the
adjust the aileron deflection range in                                                             order welding material 1.7734.2 from
                                                 Appendix text has the U.S. equivalent of
accordance with the ‘‘Remarks’’ paragraph in                                                       Germany, Italy or France.
                                                 Tungsten Inert Gas (TIG) welding system.
the Accomplishment Instructions in the                                                               Method 3:
Appendix of this AD.                                Using a magnifying glass (2x minimum)
                                                 and a flashlight, inspect the aileron actuating     As an alternative to Method 2, replace the
  (c) Accomplishing all of the actions                                                             original actuating shaft with a new reinforced
specified in the Accomplishment                  shaft in the fuselage (see Figure 1) near the
                                                 welding seams for cracks in the paint. If there   shaft according to Figure 1.
Instructions section of Glasfaser-Flugzeug                                                           Mass and balance: Not Affected.
Service GmbH Technical Note 201–33, dated        is any cracked paint on the actuating shaft,
March 4, 1996, incorporates the intent of this   prior to further flight, remove the actuating     Appendix to AD 97–24–06—Aileron
AD. No further action is required.               shaft and inspect for cracks in the shaft and
                                                                                                   Actuating Shaft
  (d) Special flight permits may be issued in    welding seams using a dye-penetrant
accordance with sections 21.197 and 21.199       method. If there are no cracks or any other       Remarks
of the Federal Aviation Regulations (14 CFR      damage, flying operation can continue until
                                                 the accumulation of 8 calendar months after          For rigging and derigging procedures, refer
21.197 and 21.199) to operate the sailplane
                                                 the initial inspection required by this AD, at    to the flight manual, page E12. After
to a location where the requirements of this
                                                 which time Method 2 or Method 3 shall be          accomplishing repairs according to Method
AD can be accomplished.
  (e) An alternative method of compliance or     accomplished. If cracks are found, prior to       2, or replacement of the actuating shaft
adjustment of the compliance times that          further flight, accomplish Method 2 or            according to Method 3, the aileron
provides an equivalent level of safety may be    Method 3.                                         deflections must be checked. Plates, welding
approved by the Manager, Small Airplane             Note: In Figure 2, the doubler has physical    material, and spare parts as mentioned are
Directorate, 1201 Walnut, suite 900, Kansas      dimensions of: 90 mm × 12 mm × 1 mm, with         available from the manufacturer.
City, Missouri 64106. The request shall be       the ends having a radius of 6 mm.                 BILLING CODE 4910–13–P
6632   Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations
                Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                     6633




   (g) This amendment (39–10213) becomes      DEPARTMENT OF TRANSPORTATION               landing gear (NLG) with a part of
effective on March 13, 1998.                                                             improved design. This AD is the result
   Issued in Kansas City, Missouri, on        Federal Aviation Administration            of mandatory continuing airworthiness
February 2, 1998.                                                                        information (MCAI) issued by the
                                              14 CFR Part 39                             airworthiness authority for Austria. The
Carolanne L. Cabrini,
Acting Manager, Small Airplane Directorate,   [Docket No. 97–CE–84–AD; Amendment 39–     actions specified by this AD are
Aircraft Certification Service.               10315; AD 98–04–02]                        intended to prevent NLG collapse
[FR Doc. 98–3130 Filed 2–9–98; 8:45 am]       RIN 2120–AA64                              caused by cracks in the welding of the
                                                                                         nose wheel tappet of the NLG, which
BILLING CODE 4910–13–C
                                              Airworthiness Directives; HOAC             could result in the inability to control
                                              Austria Model DV 20 Katana Airplanes       the airplane during landing, takeoff, and
                                                                                         other ground operations.
                                              AGENCY:  Federal Aviation
                                                                                         EFFECTIVE DATE: March 24, 1998.
                                              Administration, DOT.
                                              ACTION: Final rule.                        ADDRESSES: Service information that
                                                                                         relates to this AD may be obtained from
                                              SUMMARY:   This amendment adopts a         Diamond Aircraft Industries, G.m.b.H.,
                                              new airworthiness directive (AD) that      N.A. Otto-Strabe 5, A–2700, Wiener
                                              applies to HOAC Austria Model DV 20        Neustadt, Austria. This information may
                                              Katana airplanes. This AD requires         also be examined at the Federal
                                              replacing the nose wheel leg of the nose   Aviation Administration (FAA), Central
6634          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

Region, Office of the Regional Counsel,     Regulatory Impact                                alternative method of compliance in
Attention: Rules Docket No. 97–CE–84–                                                        accordance with paragraph (c) of this AD.
                                               The regulations adopted herein will
AD, Room 1558, 601 E. 12th Street,                                                           The request should include an assessment of
                                            not have substantial direct effects on the       the effect of the modification, alteration, or
Kansas City, Missouri 64106.                States, on the relationship between the          repair on the unsafe condition addressed by
FOR FURTHER INFORMATION CONTACT:     Mr.    national government and the States, or           this AD; and, if the unsafe condition has not
Roger P. Chudy, Aerospace Engineer,         on the distribution of power and                 been eliminated, the request should include
Small Airplane Directorate, Aircraft        responsibilities among the various               specific proposed actions to address it.
Certification Service, FAA, 1201            levels of government. Therefore, in
                                                                                                Compliance: Required within the next 100
Walnut, suite 900, Kansas City, Missouri    accordance with Executive Order 12612,           hours time-in-service (TIS) after the effective
64106; telephone: (816) 426–6934;           it is determined that this final rule does       date of this AD, unless already accomplished.
facsimile: (816) 426–2169.                  not have sufficient federalism                      To prevent nose landing gear (NLG)
                                            implications to warrant the preparation          collapse caused by cracks in the welding of
SUPPLEMENTARY INFORMATION:                  of a Federalism Assessment.                      the nose wheel tappet of the NLG, which
Events Leading to the Issuance of This         For the reasons discussed above, I            could result in the inability to control the
AD                                          certify that this action (1) is not a            airplane during landing, takeoff, and other
                                            ‘‘significant regulatory action’’ under          ground operations, accomplish the following:
  A proposal to amend part 39 of the        Executive Order 12866; (2) is not a                 (a) Replace the nose wheel leg of the NLG
Federal Aviation Regulations (14 CFR        ‘‘significant rule’’ under DOT                   with a part of improved design, nose wheel
part 39) to include an AD that would        Regulatory Policies and Procedures (44           leg version ‘‘B’’, in accordance with the
apply to HOAC Austria Model DV 20           FR 11034, February 26, 1979); and (3)            applicable maintenance manual.
Katana airplanes was published in the       will not have a significant economic                Note 2: Diamond Aircraft Industries
Federal Register as a notice of proposed    impact, positive or negative, on a               Service Bulletin No. 20–32, dated April 5,
rulemaking (NPRM) on November 7,            substantial number of small entities             1996, specifies the replacement required by
1997 (62 FR 60183). The NPRM                under the criteria of the Regulatory             this AD for the HOAC Austria Model DV 20
proposed to require replacing the nose      Flexibility Act. A copy of the final             Katana airplanes.
wheel leg of the NLG with a part of         evaluation prepared for this action is              (b) Special flight permits may be issued in
improved design, nose wheel leg             contained in the Rules Docket. A copy            accordance with sections 21.197 and 21.199
version ‘‘B’’, in accordance with the       of it may be obtained by contacting the          of the Federal Aviation Regulations (14 CFR
applicable maintenance manual.              Rules Docket at the location provided            21.197 and 21.199) to operate the airplane to
  The NPRM was the result of                under the caption ADDRESSES.                     a location where the requirements of this AD
mandatory continuing airworthiness                                                           can be accomplished.
                                            List of Subjects in 14 CFR Part 39                  (c) An alternative method of compliance or
information (MCAI) issued by the
airworthiness authority for Austria.          Air transportation, Aircraft, Aviation         adjustment of the compliance time that
                                            safety, Safety.                                  provides an equivalent level of safety may be
  Interested persons have been afforded                                                      approved by the Manager, Small Airplane
an opportunity to participate in the        Adoption of the Amendment                        Directorate, FAA, 1201 Walnut, suite 900,
making of this amendment. No                  Accordingly, pursuant to the                   Kansas City, Missouri 64106. The request
comments were received on the               authority delegated to me by the                 shall be forwarded through an appropriate
proposed rule or the FAA’s                  Administrator, the Federal Aviation              FAA Maintenance Inspector, who may add
determination of the cost to the public.    Administration amends part 39 of the             comments and then send it to the Manager,
                                            Federal Aviation Regulations (14 CFR             Small Airplane Directorate.
The FAA’s Determination
                                            part 39) as follows:                                Note 3: Information concerning the
  After careful review of all available                                                      existence of approved alternative methods of
information related to the subject          PART 39—AIRWORTHINESS                            compliance with this AD, if any, may be
presented above, the FAA has                DIRECTIVES                                       obtained from the Small Airplane
determined that air safety and the                                                           Directorate.
                                              1. The authority citation for part 39
public interest require the adoption of                                                         (d) Questions or technical information
                                            continues to read as follows:
the rule as proposed except for minor                                                        related to Diamond Aircraft Industries
                                              Authority: 49 U.S.C. 106(g), 40113, 44701.     Service Bulletin No. 20–32, dated April 5,
editorial corrections. The FAA has
determined that these minor corrections                                                      1996, should be directed to Diamond Aircraft
                                            § 39.13   [Amended]                              Industries G.m.b.H., N.A. Otto-Strabe 5, A–
will not change the meaning of the AD
                                              2. Section 39.13 is amended by                 2700, Wiener Neustadt, Austria. This service
and will not add any additional burden
                                            adding a new airworthiness directive             information may be examined at the FAA,
upon the public than was already
                                            (AD) to read as follows:                         Central Region, Office of the Regional
proposed.
                                                                                             Counsel, Room 1558, 601 E. 12th Street,
                                            98–04–02 Hoac Austria: Amendment 39–
Cost Impact                                      10315; Docket No. 97–CE–84–AD.
                                                                                             Kansas City, Missouri.
                                                                                                Note 4: The subject of this AD is addressed
  The FAA estimates that 20 airplanes         Applicability: Model DV 20 Katana
                                            airplanes, serial numbers 20.005 through         in Austrian AD No. 86, dated May 29, 1996.
in the U.S. registry will be affected by
                                            20.160, certificated in any category.               (e) This amendment (39–10315) becomes
this AD, that it will take approximately                                                     effective on March 24, 1998.
1 workhour per airplane to accomplish         Note 1: This AD applies to each airplane
                                            identified in the preceding applicability           Issued in Kansas City, Missouri, on
the required replacement, and that the
                                            provision, regardless of whether it has been     February 2, 1998.
average labor rate is approximately $60
                                            modified, altered, or repaired in the area       Carolanne L. Cabrini,
per hour. Parts cost approximately $900     subject to the requirements of this AD. For
per airplane. Based on these figures, the                                                    Acting Manager, Small Airplane Directorate,
                                            airplanes that have been modified, altered, or
total cost impact of this AD on U.S.                                                         Aircraft Certification Service.
                                            repaired so that the performance of the
operators is estimated to be $19,200, or    requirements of this AD is affected, the         [FR Doc. 98–3225 Filed 2–9–98; 8:45 am]
$960 per airplane.                          owner/operator must request approval for an      BILLING CODE 4910–13–U
             Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                           6635

DEPARTMENT OF TRANSPORTATION                published in the Federal Register as a       FAA has determined that long-term
                                            notice of proposed rulemaking (NPRM)         operational safety will be better assured
Federal Aviation Administration             on November 5, 1997 (62 FR 59827).           by design changes that remove the
                                            The NPRM proposed to require                 source of the problem, rather than by
14 CFR Part 39                              modifying the canopy latches or              repetitive inspections or other special
[Docket No. 97–CE–93–AD; Amendment 39–      replacing the canopy latches with parts      procedures.
10314; AD 98–04–01]                         of improved design, part number (P/N)           Because the modification or
                                            PC–23303.8P1 for both front latches and      replacement (with parts of improved
RIN 2120–AA64
                                            the rear right; and P/N PC–23303.8P2         design) of the canopy latches eliminates
Airworthiness Directives; EXTRA             for the rear left. Accomplishment of the     the need for repetitive inspections, this
Flugzeugbau GmbH Model EA–300/S             proposed actions would be in                 AD differs from the service bulletin and
Airplanes                                   accordance with EXTRA Service                the German AD in that it will mandate
                                            Bulletin No. 300–3–94, dated August 3,       either modification or replacement of
AGENCY:  Federal Aviation                   1994.
Administration, DOT.                                                                     the canopy latches regardless of
                                              The NPRM was the result of
                                                                                         condition.
ACTION: Final rule.                         mandatory continuing airworthiness
                                            information (MCAI) issued by the             Regulatory Impact
SUMMARY:   This amendment adopts a          airworthiness authority for Germany.
new airworthiness directive (AD) that         Interested persons have been afforded         The regulations adopted herein will
applies to certain EXTRA Flugzeugbau        an opportunity to participate in the         not have substantial direct effects on the
GmbH Model EA–300/S airplanes. This         making of this amendment. No                 States, on the relationship between the
AD requires modifying the canopy            comments were received on the                national government and the States, or
latches or replacing the canopy latches     proposed rule or the FAA’s                   on the distribution of power and
with parts of improved design. This AD      determination of the cost to the public.     responsibilities among the various
is the result of mandatory continuing                                                    levels of government. Therefore, in
airworthiness information (MCAI)            The FAA’s Determination
                                                                                         accordance with Executive Order 12612,
issued by the airworthiness authority for     After careful review of all available      it is determined that this final rule does
Germany. The actions specified by this      information related to the subject           not have sufficient federalism
AD are intended to prevent failure of the   presented above, the FAA has                 implications to warrant the preparation
canopy while the airplane is in flight      determined that air safety and the           of a Federalism Assessment.
because of cracked canopy latches,          public interest require the adoption of
                                                                                            For the reasons discussed above, I
which could result in loss of the canopy    the rule as proposed except for minor
                                                                                         certify that this action (1) is not a
and possible loss of control of the         editorial corrections. The FAA has
                                                                                         ‘‘significant regulatory action’’ under
airplane.                                   determined that these minor corrections
                                            will not change the meaning of the AD        Executive Order 12866; (2) is not a
DATES: Effective March 24, 1998.
                                            and will not add any additional burden       ‘‘significant rule’’ under DOT
   The incorporation by reference of                                                     Regulatory Policies and Procedures (44
certain publications listed in the          upon the public than was already
                                            proposed.                                    FR 11034, February 26, 1979); and (3)
regulations is approved by the Director                                                  will not have a significant economic
of the Federal Register as of March 24,     Cost Impact                                  impact, positive or negative, on a
1998.                                                                                    substantial number of small entities
                                              The FAA estimates that 25 airplanes
ADDRESSES: Service information that                                                      under the criteria of the Regulatory
                                            in the U.S. registry will be affected by
applies to this AD may be obtained from                                                  Flexibility Act. A copy of the final
                                            this AD, that it will take approximately
EXTRA Flugzeugbau GmbH, Flugplatz                                                        evaluation prepared for this action is
                                            3 workhours per airplane to accomplish
                     ¨
Dinslaken, 46569 Hunxe, Germany. This                                                    contained in the Rules Docket. A copy
                                            the modifications or replacements, and
information may also be examined at                                                      of it may be obtained by contacting the
                                            that the average labor rate is
the Federal Aviation Administration                                                      Rules Docket at the location provided
                                            approximately $60 an hour. Parts cost
(FAA), Central Region, Office of the                                                     under the caption ADDRESSES.
                                            approximately $100 per airplane. Based
Regional Counsel, Attention: Rules
                                            on these figures, the total cost impact of
Docket No. 97–CE–93–AD, Room 1558,                                                       List of Subjects in 14 CFR Part 39
                                            this AD on U.S. operators is estimated
601 E. 12th Street, Kansas City, Missouri
                                            to be $7,000, or $280 per airplane.            Air transportation, Aircraft, Aviation
64106; or at the Office of the Federal
Register, 800 North Capitol Street, NW,     Differences Between the German AD,           safety, Incorporation by reference,
suite 700, Washington, DC.                  the Service Bulletin, and This AD            Safety.
FOR FURTHER INFORMATION CONTACT: Mr.           German AD 94–258, dated August 25,        Adoption of the Amendment
Karl Schletzbaum, Aerospace Engineer,       1994, and EXTRA Service Bulletin No.
FAA, Small Airplane Directorate, 1201       300–3–94, dated August 3, 1994, both           Accordingly, pursuant to the
Walnut Street, suite 900, Kansas City,      give the owners/operators of certain         authority delegated to me by the
Missouri 64106; telephone: (816) 426–       Model EA–300/S airplanes the option of       Administrator, the Federal Aviation
6934; facsimile: (816) 426–2169.            (1) repetitively inspecting the canopy       Administration amends part 39 of the
SUPPLEMENTARY INFORMATION:                  latches until cracks are found, and then     Federal Aviation Regulations (14 CFR
                                            modifying or replacing (with parts of        part 39) as follows:
Events Leading to the Issuance of This      improved design) any cracked latches;
AD                                          or (2) immediately modifying the             PART 39—AIRWORTHINESS
  A proposal to amend part 39 of the        existing latches or replacing the latches    DIRECTIVES
Federal Aviation Regulations (14 CFR        with parts of improved design.
part 39) to include an AD that would           The FAA’s policy is to provide              1. The authority citation for part 39
apply to certain EXTRA Flugzeugbau          corrective action that will eliminate the    continues to read as follows:
GmbH Model EA–300/S airplanes was           need for repetitive inspections. The           Authority: 49 U.S.C. 106(g), 40113, 44701.
6636           Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

§ 39.13   [Amended]                                  (e) The modifications or replacements         SOCATA-Groupe AEROSPATIALE,
  2. Section 39.13 is amended by                  required by this AD shall be done in             Socata Product Support, Aeroport
adding a new airworthiness directive              accordance with EXTRA Service Bulletin No.       Tarbes-Ossun-Lourdes, B P 930, 65009
                                                  300–3–94, dated August 3, 1994. This
(AD) to read as follows:                          incorporation by reference was approved by
                                                                                                   Tarbes Cedex, France; telephone:
98–04–01 Extra Flugzeugbau GMBH:                  the Director of the Federal Register in          62.41.74.26; facsimile: 62.41.74.32; or
      Amendment 39–10314; Docket No. 97–          accordance with 5 U.S.C. 552(a) and 1 CFR        the Product Support Manager,
      CE–93–AD.                                   part 51. Copies may be obtained from EXTRA       SOCATA-Groupe AEROSPATIALE,
   Applicability: Models EA–300/S airplanes,      Flugzeugbau GmbH, Flugplatz Dinslaken,           North Perry Airport, 7501 Pembroke
serial numbers 01 through 24, certificated in               ¨
                                                  46569 Hunxe, Germany. Copies may be              Road, Pembroke Pines, Florida 33023;
any category.                                     inspected at the FAA, Central Region, Office     telephone: (954) 964–6877; facsimile:
                                                  of the Regional Counsel, Room 1558, 601 E.
   Note 1: This AD applies to each airplane                                                        (954) 964–1668. This information may
                                                  12th Street, Kansas City, Missouri, or at the
identified in the preceding applicability         Office of the Federal Register, 800 North        also be examined at the Federal
provision, regardless of whether it has been      Capitol Street, NW, suite 700, Washington,       Aviation Administration (FAA), Central
modified, altered, or repaired in the area        DC.                                              Region, Office of the Regional Counsel,
subject to the requirements of this AD. For                                                        Attention: Rules Docket No. 97–CE–43–
airplanes that have been modified, altered, or       Note 3: The subject of this AD is addressed
repaired so that the performance of the           in German AD 94–258, dated August 25,            AD, Room 1558, 601 E. 12th Street,
requirements of this AD is affected, the          1994.                                            Kansas City, Missouri 64106; or at the
owner/operator must request approval for an          (f) This amendment (39–10314) becomes         Office of the Federal Register, 800 North
alternative method of compliance in               effective on March 24, 1998.                     Capitol Street, NW, suite 700,
accordance with paragraph (c) of this AD.            Issued in Kansas City, Missouri, on           Washington, DC.
The request should include an assessment of       February 2, 1998.                                FOR FURTHER INFORMATION CONTACT: Mr.
the effect of the modification, alteration, or    Carolanne L. Cabrini,
repair on the unsafe condition addressed by
                                                                                                   Karl Schletzbaum, Aerospace Engineer,
                                                  Acting Manager, Small Airplane Directorate,      FAA, Small Airplane Directorate, 1201
this AD; and, if the unsafe condition has not     Aircraft Certification Service.
been eliminated, the request should include                                                        Walnut Street, suite 900, Kansas City,
specific proposed actions to address it.          [FR Doc. 98–3226 Filed 2–9–98; 8:45 am]          Missouri 64106; telephone: (816) 426–
   Compliance: Required within the next 100       BILLING CODE 4910–13–U                           6934; facsimile: (816) 426–2169.
hours time-in-service (TIS) after the effective                                                    SUPPLEMENTARY INFORMATION:
date of this AD, unless already accomplished.
   To prevent failure of the canopy while the     DEPARTMENT OF TRANSPORTATION                     Events Leading to the Issuance of This
airplane is in flight because of cracked                                                           AD
canopy latches, which could result in loss of     Federal Aviation Administration
                                                                                                     A proposal to amend part 39 of the
the canopy and possible loss of control of the
airplane, accomplish the following:               14 CFR Part 39                                   Federal Aviation Regulations (14 CFR
   (a) Modify all canopy latches or replace all                                                    part 39) to include an AD that would
                                                  [Docket No. 97–CE–43–AD; Amendment 39–
canopy latches with parts of improved                                                              apply to certain Socata Model TBM 700
                                                  10317; AD 98–04–04]
design, part number (P/N) PC–23303.8P1 for                                                         airplanes was published in the Federal
both front latches and the rear right; and P/     RIN 2120–AA64                                    Register as a notice of proposed
N PC–23303.8P2 for the rear left. Accomplish                                                       rulemaking (NPRM) on November 7,
the modifications or replacements in              Airworthiness Directives; SOCATA-                1997 (62 FR 60184). The NPRM
accordance with the Instructions section of       Groupe AEROSPATIALE Model TBM                    proposed to require replacing the starter
EXTRA Service Bulletin No. 300–3–94, dated        700 Airplanes                                    generator mounting adapter with a part
August 3, 1994.
   (b) Special flight permits may be issued in    AGENCY:  Federal Aviation                        of improved design by incorporating
accordance with sections 21.197 and 21.199        Administration, DOT.                             Socata Kit No. OPT70K0058–24.
of the Federal Aviation Regulations (14 CFR       ACTION: Final rule.                              Accomplishment of the proposed action
21.197 and 21.199) to operate the airplane to                                                      as specified in the NPRM would be
a location where the requirements of this AD      SUMMARY:   This amendment adopts a               required in accordance with Socata
can be accomplished.                              new airworthiness directive (AD) that            Service Bulletin No. SB 70–072, dated
   (c) An alternative method of compliance or     applies to certain SOCATA-Groupe                 January 1996.
adjustment of the compliance time that            AEROSPATIALE (Socata) Model TBM                    The NPRM was the result of
provides an equivalent level of safety may be     700 airplanes. This AD requires                  mandatory continuing airworthiness
approved by the Manager, Small Airplane           replacing the starter generator mounting
Directorate, FAA, 1201 Walnut, suite 900,
                                                                                                   information (MCAI) issued by the
Kansas City, Missouri 64106. The request
                                                  adapter with a part of improved design.          airworthiness authority for France.
shall be forwarded through an appropriate         This AD is the result of mandatory                 Interested persons have been afforded
FAA Maintenance Inspector, who may add            continuing airworthiness information             an opportunity to participate in the
comments and then send it to the Manager,         (MCAI) issued by the airworthiness               making of this amendment. No
Small Airplane Directorate.                       authority for France. The actions                comments were received on the
   Note 2: Information concerning the             specified by this AD are intended to             proposed rule or the FAA’s
existence of approved alternative methods of      prevent loss of the starter generator            determination of the cost to the public.
compliance with this AD, if any, may be           caused by failure of the starter generator
obtained from the Small Airplane                  mounting adapter, which could result in          The FAA’s Determination
Directorate.                                      loss of electrical power.                          After careful review of all available
   (d) Questions or technical information         DATES: Effective March 24, 1998.                 information related to the subject
related to EXTRA Service Bulletin No. 300–          The incorporation by reference of              presented above, the FAA has
3–94, dated August 3, 1994, should be             certain publications listed in the               determined that air safety and the
directed to EXTRA Flugzeugbau GmbH,
                                                  regulations is approved by the Director          public interest require the adoption of
                                ¨
Flugplatz Dinslaken, 46569 Hunxe, Germany.
This service information may be examined at
                                                  of the Federal Register as of March 24,          the rule as proposed except for minor
the FAA, Central Region, Office of the            1998.                                            editorial corrections. The FAA has
Regional Counsel, Room 1558, 601 E. 12th          ADDRESSES: Service information that              determined that these minor corrections
Street, Kansas City, Missouri.                    applies to this AD may be obtained from          will not change the meaning of the AD
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                 6637

and will not add any additional burden       Executive Order 12866; (2) is not a               incorporating Socata Kit No. OPT70K0058–
upon the public than was already             ‘‘significant rule’’ under DOT                    24. This replacement shall be accomplished
proposed.                                    Regulatory Policies and Procedures (44            in accordance with the ACCOMPLISHMENT
                                             FR 11034, February 26, 1979); and (3)             INSTRUCTIONS section of Socata Service
Cost Impact                                                                                    Bulletin No. SB 70–072, dated January 1996.
                                             will not have a significant economic
  The FAA estimates that 55 airplanes        impact, positive or negative, on a                   (b) Special flight permits may be issued in
in the U.S. registry will be affected by                                                       accordance with sections 21.197 and 21.199
                                             substantial number of small entities
this AD.                                                                                       of the Federal Aviation Regulations (14 CFR
                                             under the criteria of the Regulatory              21.197 and 21.199) to operate the airplane to
  This replacement will take                 Flexibility Act. A copy of the final
approximately 2 workhours per airplane                                                         a location where the requirements of this AD
                                             evaluation prepared for this action is            can be accomplished.
to accomplish, at an average labor rate      contained in the Rules Docket. A copy                (c) An alternative method of compliance or
of approximately $60 an hour. Parts to       of it may be obtained by contacting the           adjustment of the compliance time that
accomplish this AD will be provided by       Rules Docket at the location provided             provides an equivalent level of safety may be
the manufacturer at no cost to the           under the caption ADDRESSES.                      approved by the Manager, Small Airplane
owners/operators of the affected                                                               Directorate, FAA, 1201 Walnut, suite 900,
airplanes. Based on these figures, the       List of Subjects in 14 CFR Part 39
                                                                                               Kansas City, Missouri 64106. The request
total cost impact of this AD on U.S.           Air transportation, Aircraft, Aviation          shall be forwarded through an appropriate
operators is estimated to be $6,600, or      safety, Incorporation by reference,               FAA Maintenance Inspector, who may add
$120 per airplane.                           Safety.                                           comments and then send it to the Manager,
                                                                                               Small Airplane Directorate.
Differences Between the French AD, the       Adoption of the Amendment
Service Bulletin, and This AD                                                                     Note 2: Information concerning the
                                               Accordingly, pursuant to the                    existence of approved alternative methods of
  French AD 95–242(B)R1, dated               authority delegated to me by the                  compliance with this AD, if any, may be
February 28, 1996, and Socata Service        Administrator, the Federal Aviation               obtained from the Small Airplane
Bulletin No. SB 70–072, dated January        Administration amends part 39 of the              Directorate.
1996, both give the owners/operators of      Federal Aviation Regulations (14 CFR                 (d) Questions or technical information
certain Model TBM 700 airplanes the          part 39) as follows:                              related to Socata Service Bulletin No. SB 70–
option of replacing the starter generator                                                      072, dated January 1996, should be directed
mounting adapter immediately or              PART 39—AIRWORTHINESS                             to SOCATA-Groupe Aerospatiale, Socata
inspecting this adapter for cracks every     DIRECTIVES                                        Product Support, Aeroport Tarbes-Ossun-
25 hours time-in-service (TIS) up to 100                                                       Lourdes, B P 930, 65009 Tarbes Cedex,
                                               1. The authority citation for part 39
hours TIS, at which time the                                                                   France; or Perry Airport, 7501 Pembroke
                                             continues to read as follows:                     Road, Pembroke Pines, Florida 33023;
replacement is mandatory. This allows
the owners/operators the option of             Authority: 49 U.S.C. 106(g), 40113, 44701.      telephone: (954) 964–6877; facsimile: (954)
having their airplanes inspected up to                                                         964–1688. This service information may be
                                             § 39.13   [Amended]                               examined at the FAA, Central Region, Office
three times before mandatory                   2. Section 39.13 is amended by                  of the Regional Counsel, Room 1558, 601 E.
replacement, provided no cracked             adding a new airworthiness directive              12th Street, Kansas City, Missouri.
adapters were found, which, if found         (AD) to read as follows:                             (e) The replacement required by this AD
cracked, would require immediate                                                               shall be done in accordance with
replacement.                                 98–04–04 Socata-Groupe Aerospatiale:
                                                   Amendment 39–10317; Docket No. 97–          ACCOMPLISHMENT INSTRUCTIONS
  The FAA has determined that, since                                                           section of Socata Service Bulletin No. SB 70–
                                                   CE–43–AD.
the parts for the replacement are free;                                                        072, dated January 1996. This incorporation
                                                Applicability: Model TBM 700 airplanes,
the parts are available; and the action                                                        by reference was approved by the Director of
                                             serial numbers 1 through 109, certificated in
takes less than 2 workhours to               any category.                                     the Federal Register in accordance with 5
accomplish, 25 hours TIS will be                Note 1: This AD applies to each airplane       U.S.C. 552(a) and 1 CFR part 51. Copies may
adequate time to incorporate the             identified in the preceding applicability         be obtained from SOCATA-Groupe
replacement. This AD will require            provision, regardless of whether it has been      Aerospatiale, Socata Product Support,
replacing the starter generator mounting     modified, altered, or repaired in the area        Aeroport Tarbes-Ossun-Lourdes, B P 930,
adapter within 25 hours TIS, and will        subject to the requirements of this AD. For       65009 Tarbes Cedex, France; or Perry
not allow the option of repetitively         airplanes that have been modified, altered, or    Airport, 7501 Pembroke Road, Pembroke
inspecting every 25 hours TIS up to 100      repaired so that the performance of the           Pines, Florida 33023. Copies may be
                                             requirements of this AD is affected, the          inspected at the FAA, Central Region, Office
hours TIS.
                                             owner/operator must request approval for an       of the Regional Counsel, Room 1558, 601 E.
Regulatory Impact                            alternative method of compliance in               12th Street, Kansas City, Missouri, or at the
                                             accordance with paragraph (c) of this AD.         Office of the Federal Register, 800 North
   The regulations adopted herein will       The request should include an assessment of       Capitol Street, NW, suite 700, Washington,
not have substantial direct effects on the   the effect of the modification, alteration, or    DC.
States, on the relationship between the      repair on the unsafe condition addressed by
                                                                                                  Note 3: The subject of this AD is addressed
national government and the States, or       this AD; and, if the unsafe condition has not
                                                                                               in French AD 95–242(B)R1, dated February
on the distribution of power and             been eliminated, the request should include
                                                                                               28, 1996.
responsibilities among the various           specific proposed actions to address it.
                                                Compliance: Required within the next 25           (f) This amendment (39–10317) becomes
levels of government. Therefore, in
                                             hours time-in-service (TIS) after the effective   effective on March 24, 1998.
accordance with Executive Order 12612,
it is determined that this final rule does   date of this AD, unless already accomplished.        Issued in Kansas City, Missouri, on
                                                To prevent loss of the starter generator       February 2, 1998.
not have sufficient federalism
                                             caused by failure of the starter generator        Carolanne L. Cabrini,
implications to warrant the preparation      mounting adapter, which could result in loss
of a Federalism Assessment.                                                                    Acting Manager, Small Airplane Directorate,
                                             of electrical power, accomplish the
   For the reasons discussed above, I                                                          Aircraft Certification Service.
                                             following:
certify that this action (1) is not a           (a) Replace the starter generator mounting     [FR Doc. 98–3231 Filed 2–9–98; 8:45 am]
‘‘significant regulatory action’’ under      adapter with a part of improved design by         BILLING CODE 4910–13–P
6638          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION                 FOR FURTHER INFORMATION CONTACT:    Mr.    is estimated to be $153,600, or $480 per
                                             Karl Schletzbaum, Aerospace Engineer,      airplane.
Federal Aviation Administration              FAA, Small Airplane Directorate, 1201
                                                                                        Regulatory Impact
                                             Walnut Street, suite 900, Kansas City,
14 CFR Part 39                               Missouri 64106; telephone: (816) 426–         The regulations adopted herein will
                                             6934; facsimile: (816) 426–2169.           not have substantial direct effects on the
[Docket No. 97–CE–77–AD; Amendment 39–                                                  States, on the relationship between the
10316; AD 98–04–03]                          SUPPLEMENTARY INFORMATION:
                                                                                        national government and the States, or
                                             Events Leading to the Issuance of This     on the distribution of power and
RIN 2120–AA64                                AD                                         responsibilities among the various
                                                A proposal to amend part 39 of the      levels of government. Therefore, in
Airworthiness Directives; SOCATA-
                                             Federal Aviation Regulations (14 CFR       accordance with Executive Order 12612,
Groupe AEROSPATIALE Models TB9,
                                             part 39) to include an AD that would       it is determined that this final rule does
TB10, TB20, TB21, and TB200
                                             apply to certain Socata Models TB9,        not have sufficient federalism
Airplanes
                                             TB10, TB20, TB21, and TB200 airplanes      implications to warrant the preparation
AGENCY:  Federal Aviation                    was published in the Federal Register      of a Federalism Assessment.
Administration, DOT.                                                                       For the reasons discussed above, I
                                             as a notice of proposed rulemaking
ACTION: Final rule.                                                                     certify that this action (1) is not a
                                             (NPRM) on November 7, 1997 (62 FR
                                                                                        ‘‘significant regulatory action’’ under
                                             60189). The NPRM proposed to require
SUMMARY: This amendment adopts a                                                        Executive Order 12866; (2) is not a
                                             inspecting the bolts and spacers of the
new airworthiness directive (AD) that                                                   ‘‘significant rule’’ under DOT
                                             upper attachments of the front belts for
applies to certain Socata-Groupe                                                        Regulatory Policies and Procedures (44
                                             cracks, dents, etc. (damage); replacing
Aerospatiale (Socata) Models TB9,                                                       FR 11034, February 26, 1979); and (3)
                                             any damaged bolts or spacers;
TB10, TB20, TB21, and TB200                                                             will not have a significant economic
                                             incorporating a front belts upper
airplanes. This AD requires inspecting                                                  impact, positive or negative, on a
                                             attachment reinforcement kit; and
the bolts and spacers of the upper                                                      substantial number of small entities
                                             reconditioning the belts.
attachments of the front belts for cracks,                                              under the criteria of the Regulatory
                                             Accomplishment of the proposed action
dents, etc. (damage); replacing any                                                     Flexibility Act. A copy of the final
                                             as specified in the NPRM would be in
damaged bolts or spacers; incorporating                                                 evaluation prepared for this action is
                                             accordance with Socata Service Bulletin
a front belts upper attachment                                                          contained in the Rules Docket. A copy
                                             No. SB 10–103 and Socata Service
reinforcement kit; and reconditioning                                                   of it may be obtained by contacting the
                                             Bulletin No. SB 10–104, both dated June
the belts. This AD is the result of                                                     Rules Docket at the location provided
                                             1996.
mandatory continuing airworthiness                                                      under the caption ADDRESSES.
                                                The NPRM was the result of
information (MCAI) issued by the             mandatory continuing airworthiness         List of Subjects in 14 CFR Part 39
airworthiness authority for France. The      information (MCAI) issued by the
actions specified by this AD are                                                          Air transportation, Aircraft, Aviation
                                             airworthiness authority for France.        safety, Incorporation by reference,
intended to prevent failure of the upper
                                                Interested persons have been afforded   Safety.
seat belt attachment caused by excessive
                                             an opportunity to participate in the
loads on the upper attachment of the                                                    Adoption of the Amendment
                                             making of this amendment. No
belt, which could result in bodily injury
                                             comments were received on the                Accordingly, pursuant to the
to the occupants during landing.
                                             proposed rule or the FAA’s                 authority delegated to me by the
DATES: Effective March 24, 1998.             determination of the cost to the public.   Administrator, the Federal Aviation
   The incorporation by reference of                                                    Administration amends part 39 of the
certain publications listed in the           The FAA’s Determination
                                                                                        Federal Aviation Regulations (14 CFR
regulations is approved by the Director        After careful review of all available    part 39) as follows:
of the Federal Register as of March 24,      information related to the subject
1998.                                        presented above, the FAA has               PART 39—AIRWORTHINESS
ADDRESSES: Service information that          determined that air safety and the         DIRECTIVES
applies to this AD may be obtained from      public interest require the adoption of      1. The authority citation for part 39
Socata-Groupe Aerospatiale, Socata           the rule as proposed except for minor      continues to read as follows:
Product Support, Aeroport Tarbes-            editorial corrections. The FAA has
Ossun-Lourdes, B P 930, 65009 Tarbes         determined that these minor corrections      Authority: 49 U.S.C. 106(g), 40113, 44701.
Cedex, France; telephone: 62.41.74.26;       will not change the meaning of the AD      § 39.13   [Amended]
facsimile: 62.41.74.32; or the Product       and will not add any additional burden       2. Section 39.13 is amended by
Support Manager, Socata-Groupe               upon the public than was already           adding a new airworthiness directive
Aerospatiale, North Perry Airport, 7501      proposed.                                  (AD) to read as follows:
Pembroke Road, Pembroke Pines,
                                             Cost Impact                                98–04–03 Socata—Groupe Aerospatiale:
Florida 33023; telephone: (954) 964–
6877; facsimile: (954) 964–1668. This          The FAA estimates that 320 airplanes         Amendment 39–10316; Docket No. 97–
                                                                                            CE–77–AD.
information may also be examined at          in the U.S. registry will be affected by
the Federal Aviation Administration          this AD.                                     Applicability: Models TB9, TB10, TB20,
                                                                                        TB21, and TB200 airplanes, serial numbers 1
(FAA), Central Region, Office of the           Accomplishing this replacement will      through 1701; 1707 to 1750; 1758 to 1763;
Regional Counsel, Attention: Rules           take approximately 3 workhours per         1767, 1768, and 1769, certificated in any
Docket No. 97–CE–77–AD, Room 1558,           airplane, at an average labor rate of      category.
601 E. 12th Street, Kansas City, Missouri    approximately $60 an hour. Parts to          Note 1: This AD applies to each airplane
64106; or at the Office of the Federal       accomplish this AD cost approximately      identified in the preceding applicability
Register, 800 North Capitol Street, NW,      $300. Based on these figures, the total    provision, regardless of whether it has been
suite 700, Washington, DC.                   cost impact of this AD on U.S. operators   modified, altered, or repaired in the area
                Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                 6639

subject to the requirements of this AD. For        dated June 1996, should be directed to           pressure bulkhead tee. This amendment
airplanes that have been modified, altered, or     SOCATA—Groupe AEROSPATIALE, Socata               requires new improved repetitive
repaired so that the performance of the            Product Support, Aeroport Tarbes-Ossun-          inspections and follow-on actions, and
requirements of this AD is affected, the           Lourdes, B P 930, 65009 Tarbes Cedex,            expands the applicability of the existing
owner/operator must request approval for an        France; or Perry Airport, 7501 Pembroke
alternative method of compliance in                Road, Pembroke Pines, Florida 33023;             AD to include additional airplanes. This
accordance with paragraph (e) of this AD.          telephone: (954) 964–6877; facsimile: (954)      amendment is prompted by additional
The request should include an assessment of        964–1688. This service information may be        reports of fatigue cracking and
the effect of the modification, alteration, or     examined at the FAA, Central Region, Office      improperly seated attachments in the
repair on the unsafe condition addressed by        of the Regional Counsel, Room 1558, 601 E.       upper fuselage skin in the area of the aft
this AD; and, if the unsafe condition has not      12th Street, Kansas City, Missouri.              pressure bulkhead tee. The actions
been eliminated, the request should include           (g) The inspection and replacement            specified in this AD are intended to
specific proposed actions to address it.           required by this AD shall be done in             detect and correct such fatigue cracking,
   Compliance: Required as indicated in the        accordance with Socata Service Bulletin No.
                                                                                                    which could result in rapid
body of this AD, unless already                    SB 10–103, dated June 1996, or Socata
                                                   Service Bulletin No. SB 10–104, dated June       decompression of the fuselage and
accomplished.
   To prevent failure of the upper seat belt       1996. This incorporation by reference was        consequent reduced structural integrity
attachment caused by excessive loads on the        approved by the Director of the Federal          of the airplane.
upper attachment of the belt, which could          Register in accordance with 5 U.S.C. 552(a)      DATES: Effective February 25, 1998.
result in bodily injury to the occupants           and 1 CFR part 51. Copies may be obtained           The incorporation by reference of
during landing, accomplish the following:          from SOCATA—Groupe AEROSPATIALE,                 certain publications listed in the
   (a) Within the next 50 hours time-in-           Socata Product Support, Aeroport Tarbes-
                                                   Ossun-Lourdes, B P 930, 65009 Tarbes
                                                                                                    regulations is approved by the Director
service (TIS) after the effective date of this
                                                   Cedex, France; or Perry Airport, 7501            of the Federal Register as of February
AD, inspect the bolts and spacers of the
upper attachments of the front belts for           Pembroke Road, Pembroke Pines, Florida           25, 1998.
cracks, dents, etc. (damage), in accordance        33023. Copies may be inspected at the FAA,          Comments for inclusion in the Rules
with the ACCOMPLISHMENT                            Central Region, Office of the Regional           Docket must be received on or before
INSTRUCTIONS section of one of the                 Counsel, Room 1558, 601 E. 12th Street,          April 13, 1998.
following service bulletins, as applicable:        Kansas City, Missouri, or at the Office of the   ADDRESSES: Submit comments in
   (1) Socata Service Bulletin No. SB 10–103,      Federal Register, 800 North Capitol Street,      triplicate to the Federal Aviation
dated June 1996, which applies to Socata           NW, suite 700, Washington, DC.                   Administration (FAA), Transport
Models TB10, TB20, TB21, and TB200                    Note 3: The subject of this AD is addressed   Airplane Directorate, ANM–114,
airplanes, and Model TB9 airplanes equipped        in French AD 96–142(A) and French AD 96–
with upholstering on the upper duct posts.                                                          Attention: Rules Docket No. 98–NM–
                                                   143(A), both dated July 17, 1996.
   (2) Socata Service Bulletin No. SB 10–104,                                                       12–AD, 1601 Lind Avenue, SW.,
                                                      (h) This amendment (39–10316) becomes         Renton, Washington 98055–4056.
dated June 1996, which applies to Socata
                                                   effective on March 24, 1998.                        The service information referenced in
Model TB9 airplanes not equipped with
upholstering on the upper duct posts.                 Issued in Kansas City, Missouri, on           this AD may be obtained from The
   (b) Prior to further flight after the           February 2, 1998.                                Boeing Company, Douglas Products
inspection required by paragraph (a) of this       Carolanne L. Cabrini,                            Division, 3855 Lakewood Boulevard,
AD, replace any damaged bolts or spacers           Acting Manager, Small Airplane Directorate,      Long Beach, California 90846,
found during the inspection required by            Aircraft Certification Service.                  Attention: Technical Publications
paragraph (a) of this AD.                          [FR Doc. 98–3230 Filed 2–9–98; 8:45 am]
   (c) Within the next 50 hours TIS after the                                                       Business Administration, Dept. C1–L51
effective date of this AD, incorporate either      BILLING CODE 4910–13–U                           (2–60). This information may be
front belts upper attachment reinforcement                                                          examined at the FAA, Transport
kit No. OPT10 921000 or OPT10 920900 and                                                            Airplane Directorate, 1601 Lind
recondition the belts in accordance with the       DEPARTMENT OF TRANSPORTATION                     Avenue, SW., Renton, Washington; or at
ACCOMPLISHMENT INSTRUCTIONS                                                                         the FAA, Los Angeles Aircraft
section of the applicable service bulletin         Federal Aviation Administration                  Certification Office, 3960 Paramount
referenced in paragraph (a)(1) or (a)(2) of this
                                                   14 CFR Part 39                                   Boulevard, Lakewood, California; or at
AD.
   (d) Special flight permits may be issued in                                                      the Office of the Federal Register, 800
                                                   [Docket No. 98–NM–12–AD; Amendment               North Capitol Street, NW., suite 700,
accordance with sections 21.197 and 21.199
                                                   39–10320; AD 98–04–07]                           Washington, DC.
of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to      RIN 2120–AA64                                    FOR FURTHER INFORMATION CONTACT:
a location where the requirements of this AD                                                        Wahib Mina, Aerospace Engineer,
can be accomplished.                               Airworthiness Directives; McDonnell              Airframe Branch, ANM–120L, FAA, Los
   (e) An alternative method of compliance or      Douglas Model DC–9 and DC–9–80                   Angeles Aircraft Certification Office,
adjustment of the compliance time that             Series Airplanes, and C–9 (Military)
provides an equivalent level of safety may be                                                       3960 Paramount Boulevard, Lakewood,
approved by the Manager, Small Airplane
                                                   Series Airplanes                                 California 90712; telephone (562) 627–
Directorate, FAA, 1201 Walnut, suite 900,          AGENCY:  Federal Aviation                        5324; fax (562) 627–5210.
Kansas City, Missouri 64106. The request           Administration, DOT.                             SUPPLEMENTARY INFORMATION: On May
shall be forwarded through an appropriate                                                           19, 1982, the FAA issued AD 81–26–03
FAA Maintenance Inspector, who may add             ACTION: Final rule; request for
                                                   comments.                                        R1, amendment 39–4394 (47 FR 23697,
comments and then send it to the Manager,
                                                                                                    June 1, 1982), applicable to certain
Small Airplane Directorate.
                                                   SUMMARY:   This amendment supersedes             McDonnell Douglas Model DC–9 and C–
   Note 2: Information concerning the
                                                   an existing airworthiness directive (AD),        9 (military) series airplanes, to require
existence of approved alternative methods of
compliance with this AD, if any, may be            applicable to certain McDonnell                  eddy current or dye penetrant
obtained from the Small Airplane                   Douglas Model DC–9 and C–9 (military)            inspection for cracks in the upper
Directorate.                                       series airplanes, that currently requires        fuselage skin in the area of the aft
   (f) Questions or technical information          eddy current or dye penetrant                    pressure bulkhead tee. That action was
related to Socata Service Bulletin No. SB 10–      inspection for cracks in the upper               prompted by reports of fatigue cracking
103 and Service Bulletin No. SB 10–104, both       fuselage skin in the area of the aft             in the upper skin and improperly seated
6640          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

attachments in the upper skin splice         develop on other airplanes of this same     Comments Invited
area at the fuselage aft pressure            type design, this AD supersedes AD 81–         Although this action is in the form of
bulkhead tee between longerons 14 left       26–03 R1. This AD requires new,             a final rule that involves requirements
and 14 right. The actions required by        improved repetitive HFEC inspections        affecting flight safety and, thus, was not
that AD are intended to prevent such         to detect cracks in the upper skin splice   preceded by notice and an opportunity
fatigue cracking, which could result in      area at the tee cap on the aft fuselage     for public comment, comments are
structural failure of the fuselage shell,    pressure bulkhead between longerons         invited on this rule. Interested persons
and consequent rapid decompression of        14 left and 14 right; and installation of   are invited to comment on this rule by
the airplane.                                an interim repair, or replacement of
                                                                                         submitting such written data, views, or
                                             failed fasteners with new fasteners, if
Actions Since Issuance of Previous Rule                                                  arguments as they may desire.
                                             necessary. The AD also provides for an
   Since the issuance of that AD, the                                                    Communications shall identify the
                                             optional terminating permanent repair,
FAA has received reports of additional                                                   Rules Docket number and be submitted
                                             which constitutes terminating action for
fatigue cracking and improperly seated                                                   in triplicate to the address specified
                                             the repetitive inspection requirements.
attachments in the subject area on                                                       under the caption ADDRESSES. All
                                             In addition, the AD expands the
McDonnell Douglas Model DC–9 series                                                      communications received on or before
                                             applicability of the existing AD to
airplanes. These airplanes had                                                           the closing date for comments will be
                                             include additional airplanes. The
accumulated between 57,485 and 67,755        actions would be required to be             considered, and this rule may be
total flight cycles. The FAA has             accomplished in accordance with the         amended in light of the comments
determined that accomplishment of the        alert service bulletin described            received. Factual information that
inspections required by AD 81–26–03          previously.                                 supports the commenter’s ideas and
R1 does not adequately preclude fatigue                                                  suggestions is extremely helpful in
cracking of the upper skin splice on the     Differences Between the AD and the          evaluating the effectiveness of the AD
aft pressure bulkhead of the fuselage.       Relevant Service Information                action and determining whether
Such fatigue cracking, if not detected          Operators should note that this AD       additional rulemaking action would be
and corrected in a timely manner, could      differs from the referenced alert service   needed.
result in rapid decompression of the         bulletin in that it requires an initial        Comments are specifically invited on
fuselage and consequent reduced              visual inspection of the fuselage upper     the overall regulatory, economic,
structural integrity of the airplane.        skin splice at the aft pressure bulkhead    environmental, and energy aspects of
   The subject area on certain               between longerons 14 left and 14 right      the rule that might suggest a need to
McDonnell Douglas Model DC–9–80              to determine if an internal production      modify the rule. All comments
and C–9 (military) series airplanes is       titanium doubler has been installed. The    submitted will be available, both before
identical to that on the affected Model      referenced alert service bulletin           and after the closing date for comments,
DC–9 series airplanes. Therefore, all of     describes procedures for inspection of      in the Rules Docket for examination by
these airplanes may be subject to the        airplanes on which the doubler has been     interested persons. A report that
same unsafe condition.                       installed; however, it does not describe    summarizes each FAA-public contact
                                             procedures for such inspection of           concerned with the substance of this AD
Explanation of Relevant Service                                                          will be filed in the Rules Docket.
                                             airplanes on which the doubler has not
Information                                                                                 Commenters wishing the FAA to
                                             been installed.
  Subsequent to the finding of this new         The FAA has received reports of          acknowledge receipt of their comments
cracking, the manufacturer issued, and       widespread fatigue-related cracking on      submitted in response to this rule must
the FAA reviewed and approved,               airplanes that had been inspected           submit a self-addressed, stamped
McDonnell Douglas Alert Service              previously in accordance with AD 81–        postcard on which the following
Bulletin DC9–53A147, Revision 05,            26–03 R1, and on which an internal          statement is made: ‘‘Comments to
dated November 24, 1997, including           production titanium doubler had not         Docket Number 98–NM–12–AD.’’ The
Service Sketch 3145B and Service             been installed. In light of this, the FAA   postcard will be date stamped and
Sketch 3174C (both undated). The             finds that an initial one-time visual       returned to the commenter.
revised alert service bulletin describes     inspection is necessary to determine if     Regulatory Impact
new, improved procedures for repetitive      a doubler has been installed.
high frequency eddy current (HFEC)              In addition, for airplanes on which         The regulations adopted herein will
inspections to detect cracks of the upper    the subject doubler has not been            not have substantial direct effects on the
skin splice area at the tee cap on the aft   installed, the AD would require a visual    States, on the relationship between the
fuselage pressure bulkhead between           inspection of the subject area to           national government and the States, or
longerons 14 left and 14 right; and          determine if an interim or permanent        on the distribution of power and
installation of an interim repair, or        repair has been installed; and follow-on    responsibilities among the various
replacement of failed fasteners with new     actions, if necessary. (These follow-on     levels of government. Therefore, in
fasteners, if necessary. The revised alert   actions include repetitive HFEC             accordance with Executive Order 12612,
service bulletin also provides for an        inspections, replacement of failed          it is determined that this final rule does
optional terminating permanent repair,       fasteners, and accomplishment of an         not have sufficient federalism
which eliminates the need for the            interim repair.)                            implications to warrant the preparation
repetitive inspections. In addition, the                                                 of a Federalism Assessment.
                                             Determination of Rule’s Effective Date         The FAA has determined that this
revised alert service bulletin expands
the effectivity listing to include              Since a situation exists that requires   regulation is an emergency regulation
additional airplanes that are subject to     the immediate adoption of this              that must be issued immediately to
the addressed unsafe condition.              regulation, it is found that notice and     correct an unsafe condition in aircraft,
                                             opportunity for prior public comment        and that it is not a ‘‘significant
Explanation of Requirements of Rule          hereon are impracticable, and that good     regulatory action’’ under Executive
  Since an unsafe condition has been         cause exists for making this amendment      Order 12866. It has been determined
identified that is likely to exist or        effective in less than 30 days.             further that this action involves an
                Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                          6641

emergency regulation under DOT                         To detect and correct fatigue cracking in        R1: Inspect within 4,000 landings following
Regulatory Policies and Procedures (44              the upper fuselage skin in the area of the aft      accomplishment of the last HFEC or dye
FR 11034, February 26, 1979). If it is              pressure bulkhead tee, which could result in        penetrant inspection required by AD 81–20–
                                                    rapid decompression of the fuselage and             03 R1, or within 90 days following
determined that this emergency
                                                    consequent reduced structural integrity of the      accomplishment of the visual inspection
regulation otherwise would be                       airplane, accomplish the following:                 required by paragraph (a) of this AD,
significant under DOT Regulatory                       Note 2: Where there are differences              whichever occurs later.
Policies and Procedures, a final                    between the alert service bulletin and the             (b) If no skin crack or failed fastener is
regulatory evaluation will be prepared              AD, the AD prevails.                                detected during any inspection required by
and placed in the Rules Docket. A copy                 (a) Prior to the accumulation of 30,000 total    this AD, repeat the HFEC inspection required
of it, if filed, may be obtained from the           landings, or within 25 days after the effective     by paragraph (a) of this AD thereafter at
Rules Docket at the location provided               date of this AD, whichever occurs later,            intervals not to exceed 4,000 landings.
under the caption ADDRESSES.                        perform a visual inspection of the fuselage            (c) If any failed fastener with no skin crack
                                                    upper skin splice at the aft pressure bulkhead      is detected during any inspection required by
List of Subjects in 14 CFR Part 39                  between longerons 14 left and 14 right to           this AD, prior to further flight, replace the
                                                    determine if an internal production titanium        failed fastener with a new fastener, in
  Air transportation, Aircraft, Aviation                                                                accordance with the Accomplishment
                                                    doubler has been installed.
safety, Incorporation by reference,                    (1) If results of the visual inspection reveal   Instructions of McDonnell Douglas Alert
Safety.                                             that an internal production titanium doubler        Service Bulletin DC9–53A147, Revision 05,
                                                    has not been installed, prior to further flight,    dated November 24, 1997, including Service
Adoption of the Amendment                                                                               Sketch 3145B and Service Sketch 3174C
                                                    perform a visual inspection of the fuselage
  Accordingly, pursuant to the                      upper skin splice area at the aft pressure          (both undated). Repeat the HFEC inspection
                                                    bulkhead between longerons 14 left and 14           required by paragraph (a) of this AD
authority delegated to me by the                                                                        thereafter at intervals not to exceed 4,000
Administrator, the Federal Aviation                 right to determine if a permanent repair has
                                                    been installed in accordance with McDonnell         landings.
Administration amends part 39 of the                                                                       (d) If any skin crack is detected during any
                                                    Douglas Alert Service Bulletin DC9–53A147,
Federal Aviation Regulations (14 CFR                Revision 2, dated June 3, 1981; Revision 3,         inspection required by this AD, prior to
part 39) as follows:                                dated November 22, 1981; Revision 4, dated          further flight, accomplish the interim repair
                                                    October 25, 1983; or Revision 05, dated             in accordance with the Accomplishment
PART 39—AIRWORTHINESS                               November 24, 1997.                                  Instructions of McDonnell Douglas Alert
DIRECTIVES                                             (i) If a permanent repair has been installed,    Service Bulletin DC9–53A147, Revision 05,
                                                    no further action is required by this AD.           dated November 24, 1997, including Service
  1. The authority citation for part 39                (ii) If a permanent repair has not been          Sketch 3145B and Service Sketch 3174C
continues to read as follows:                       installed, and if a dye penetrant or HFEC           (both undated). For the unmodified area,
                                                    inspection has been accomplished in                 repeat the HFEC inspection required by
  Authority: 49 U.S.C. 106(g), 40113, 44701.                                                            paragraph (a) of this AD thereafter at
                                                    accordance with AD 81–26–03 R1, within
§ 39.13   [Amended]                                 4,000 landings following accomplishment of          intervals not to exceed 4,000 landings.
                                                    the last dye penetrant or HFEC inspection              (e) Accomplishment of the permanent
  2. Section 39.13 is amended by                    required by AD 81–26–03 R1, or within 90            repair in accordance with the
removing amendment 39–4394 (47 FR                   days after the effective date of this AD,           Accomplishment Instructions of McDonnell
23697, June 1, 1982), and by adding a               whichever occurs later, perform an HFEC             Douglas Alert Service Bulletin DC9–53A147,
new airworthiness directive (AD),                   inspection to detect skin cracks or failed          Revision 05, dated November 24, 1997,
amendment 39–10320, to read as                      fasteners of the unmodified area, in                including Service Sketch 3145B and Service
follows:                                            accordance with the Accomplishment                  Sketch 3174C (both undated), constitutes
   98–04–07 McDonnell Douglas:                      Instructions of the alert service bulletin.         terminating action for the repetitive
Amendment 39–10320. Docket 98–NM–12–                   (iii) If a permanent repair has not been         inspection requirements of this AD.
AD. Supersedes AD 81–26–03 R1,                      installed, and if a dye penetrant or HFEC              Note 3: The permanent repair is required
Amendment 39–4394.                                  inspection has not been accomplished in             by AD 96–10–11, amendment 39–9618 (61
   Applicability: Model DC–9–10, –20, –30,          accordance with AD 81–26–03 R1, prior to            FR 24675, May 16, 1996) as part of the DC–
–40, –50 series airplanes, Model DC–9–81            further flight, perform a high frequency eddy       9/MD–80 Aging Aircraft Service Action
                                                    current (HFEC) inspection to detect skin            Requirements Document.
(MD–81) and DC–9–82 (MD–82) series
                                                    cracks or failed fasteners of the unmodified
airplanes, and C–9 (military) series airplanes;                                                            (f) An alternative method of compliance or
                                                    area, in accordance with the
as listed in McDonnell Douglas Alert Service                                                            adjustment of the compliance time that
                                                    Accomplishment Instructions of the alert
Bulletin DC9–53A147, Revision 05, dated                                                                 provides an acceptable level of safety may be
                                                    service bulletin.
November 24, 1997; certificated in any                                                                  used if approved by the Manager, Los
                                                       (2) If results of the visual inspection reveal
category.                                                                                               Angeles Aircraft Certification Office (ACO),
                                                    that an internal production titanium doubler
   Note 1: This AD applies to each airplane                                                             FAA, Transport Airplane Directorate.
                                                    has been installed, perform an HFEC
identified in the preceding applicability                                                               Operators shall submit their requests through
                                                    inspection to detect skin cracks or failed
provision, regardless of whether it has been                                                            an appropriate FAA Principal Maintenance
                                                    fasteners of the upper skin splice area at the
modified, altered, or repaired in the area          tee cap of the aft fuselage pressure bulkhead       Inspector, who may add comments and then
subject to the requirements of this AD. For         between longerons 14 left and 14 right, in          send it to the Manager, Los Angeles ACO.
airplanes that have been modified, altered, or      accordance with the Accomplishment                     Note 4: Information concerning the
repaired so that the performance of the             Instructions of the alert service bulletin at the   existence of approved alternative methods of
requirements of this AD is affected, the            time specified in paragraph (a)(2)(i) or            compliance with this AD, if any, may be
owner/operator must request approval for an         (a)(2)(ii) of this AD, as applicable.               obtained from the Los Angeles ACO.
alternative method of compliance in                    (i) For airplanes that have been previously         (g) Special flight permits may be issued in
accordance with paragraph (f) of this AD. The       inspected using LFEC techniques or have not         accordance with sections 21.197 and 21.199
request should include an assessment of the         been previously inspected, in accordance            of the Federal Aviation Regulations (14 CFR
effect of the modification, alteration, or repair   with AD 81–26–03 R1: Inspect within 90              21.197 and 21.199) to operate the airplane to
on the unsafe condition addressed by this           days following accomplishment of the visual         a location where the requirements of this AD
AD; and, if the unsafe condition has not been       inspection required by paragraph (a) of this        can be accomplished.
eliminated, the request should include              AD.                                                    (h) Except as provided by paragraphs (a)
specific proposed actions to address it.               (ii) For airplanes that have been inspected      and (a)(1) of this AD, the inspections,
   Compliance: Required as indicated, unless        previously using HFEC or dye penetrant              replacement, interim repair, and permanent
accomplished previously.                            techniques, in accordance with AD 81–26–03          repair, if accomplished, shall be done in
6642            Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

accordance with McDonnell Douglas Alert            Comments for inclusion in the Rules      airworthiness agreement. Pursuant to
Service Bulletin DC9–53A147, Revision 05,       Docket must be received on or before        this bilateral airworthiness agreement,
dated November 24, 1997, including Service      March 12, 1998.                             the LBA has kept the FAA informed of
Sketch 3145B and Service Sketch 3174C
                                                ADDRESSES: Submit comments in               the situation described above. The FAA
(both undated). This incorporation by
reference was approved by the Director of the   triplicate to the Federal Aviation          has examined the findings of the LBA,
Federal Register in accordance with 5 U.S.C.    Administration (FAA), Transport             reviewed all available information, and
552(a) and 1 CFR part 51. Copies may be         Airplane Directorate, ANM–114,              determined that AD action is necessary
obtained from The Boeing Company, Douglas       Attention: Rules Docket No. 98–NM–          for products of this type design that are
Products Division, 3855 Lakewood                23–AD, 1601 Lind Avenue, SW.,               certificated for operation in the United
Boulevard, Long Beach, California 90846,        Renton, Washington 98055–4056.              States.
Attention: Technical Publications Business
                                                   The service information referenced in    Explanation of Requirements of Rule
Administration, Dept. C1–L51 (2–60). Copies
may be inspected at the FAA, Transport          this AD may be obtained from
                                                FAIRCHILD DORNIER, DORNIER                    Since an unsafe condition has been
Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Los     Luftfahrt GmbH, P.O. Box 1103, D–           identified that is likely to exist or
Angeles Aircraft Certification Office, 3960     82230 Wessling, Germany. This               develop on other airplanes of the same
Paramount Boulevard, Lakewood, California;      information may be examined at the          type design registered in the United
or at the Office of the Federal Register, 800   FAA, Transport Airplane Directorate,        States, this AD is being issued to
North Capitol Street, NW., suite 700,           1601 Lind Avenue, SW., Renton,              prevent fuel leakage on the outboard
Washington, DC.                                 Washington; or at the Office of the         wing, which could result in a fuel
   (i) This amendment becomes effective on                                                  explosion and fire. This AD requires
February 25, 1998.
                                                Federal Register, 800 North Capitol
                                                Street, NW., suite 700, Washington, DC.     accomplishment of the actions specified
   Issued in Renton, Washington, on February                                                in the alert service bulletin described
4, 1998.                                        FOR FURTHER INFORMATION CONTACT:
                                                                                            previously.
Darrell M. Pederson,                            Norman B. Martenson, Manager,
                                                International Branch, ANM–116, FAA,         Interim Action
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.    Transport Airplane Directorate, 1601          This is considered to be interim
                                                Lind Avenue, SW., Renton, Washington        action until final action is identified, at
[FR Doc. 98–3263 Filed 2–9–98; 8:45 am]
                                                98055–4056; telephone (425) 227–2110;       which time the FAA may consider
BILLING CODE 4910–13–P
                                                fax (425) 227–1149.                         further rulemaking.
                                                SUPPLEMENTARY INFORMATION: The
                                                Luftfahrt-Bundesamt (LBA), which is         Determination of Rule’s Effective Date
DEPARTMENT OF TRANSPORTATION
                                                the airworthiness authority for                Since a situation exists that requires
Federal Aviation Administration                 Germany, recently notified the FAA that     the immediate adoption of this
                                                an unsafe condition may exist on all        regulation, it is found that notice and
14 CFR Part 39                                  Dornier Model 328–100 series airplanes.     opportunity for prior public comment
[Docket No. 98–NM–23–AD; Amendment              The LBA advises that during a routine       hereon are impracticable, and that good
39–10319; AD 98–04–06]                          line check, fuel leakage was found at       cause exists for making this amendment
                                                Rib 21 on the left-hand outboard wing.      effective in less than 30 days.
RIN 2120–AA64                                   The cause has been attributed to
                                                                                            Comments Invited
Airworthiness Directives; Dornier               inadequate sealing of the fuel tanks
                                                located in each wing. Such fuel leakage,       Although this action is in the form of
Model 328–100 Series Airplanes                                                              a final rule that involves requirements
                                                if not corrected, could result in a fuel
AGENCY:  Federal Aviation                       explosion and fire.                         affecting flight safety and, thus, was not
Administration, DOT.                                                                        preceded by notice and an opportunity
                                                Explanation of Relevant Service             for public comment, comments are
ACTION: Final rule; request for
                                                Information                                 invited on this rule. Interested persons
comments.
                                                  Dornier has issued Alert Service          are invited to comment on this rule by
SUMMARY:   This amendment adopts a              Bulletin ASB–328–57–020, dated              submitting such written data, views, or
new airworthiness directive (AD) that is        October 28, 1997, which describes           arguments as they may desire.
applicable to all Dornier Model 328–100         procedures for repetitive visual            Communications shall identify the
series airplanes. This action requires          inspections of the left and right-hand      Rules Docket number and be submitted
repetitive visual inspections for signs of      outer wings, beginning with Rib 21 and      in triplicate to the address specified
fuel leakage of the outer wing beginning        continuing outward, for signs of fuel       under the caption ADDRESSES. All
with Rib 21 and continuing outward,             leakage; and re-sealing of the respective   communications received on or before
and corrective action, if necessary. This       fuel tank, if necessary. The LBA            the closing date for comments will be
amendment is prompted by issuance of            classified this alert service bulletin as   considered, and this rule may be
mandatory continuing airworthiness              mandatory and issued German                 amended in light of the comments
information by a foreign civil                  airworthiness directive 1998–020, dated     received. Factual information that
airworthiness authority. The actions            January 15, 1998, in order to assure the    supports the commenter’s ideas and
specified in this AD are intended to            continued airworthiness of these            suggestions is extremely helpful in
prevent fuel leakage on the outboard            airplanes in Germany.                       evaluating the effectiveness of the AD
wing, which could result in a fuel                                                          action and determining whether
explosion and fire.                             FAA’s Conclusions
                                                                                            additional rulemaking action would be
DATES: Effective February 25, 1998.               This airplane model is manufactured       needed.
  The incorporation by reference of             in Germany and is type certificated for        Comments are specifically invited on
certain publications listed in the              operation in the United States under the    the overall regulatory, economic,
regulations is approved by the Director         provisions of section 21.29 of the          environmental, and energy aspects of
of the Federal Register as of February          Federal Aviation Regulations (14 CFR        the rule that might suggest a need to
25, 1998.                                       21.29) and the applicable bilateral         modify the rule. All comments
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                6643

submitted will be available, both before       Authority: 49 U.S.C. 106(g), 40113, 44701.     FAIRCHILD DORNIER, DORNIER Luftfahrt
and after the closing date for comments,                                                      GmbH, P.O. Box 1103, D–82230 Wessling,
in the Rules Docket for examination by       § 39.13   [Amended]                              Germany. Copies may be inspected at the
interested persons. A report that                                                             FAA, Transport Airplane Directorate, 1601
                                               2. Section 39.13 is amended by
                                                                                              Lind Avenue, SW., Renton, Washington; or at
summarizes each FAA-public contact           adding the following new airworthiness           the Office of the Federal Register, 800 North
concerned with the substance of this AD      directive:                                       Capitol Street, NW., suite 700, Washington,
will be filed in the Rules Docket.           98–04–06 Dornier: Amendment 39–10319.            DC.
  Commenters wishing the FAA to                    Docket 98–NM–23–AD.                           Note 3: The subject of this AD is addressed
acknowledge receipt of their comments           Applicability: All Model 328–100 series       in German airworthiness directive 1998–020,
submitted in response to this rule must      airplanes, certificated in any category.         dated January 15, 1998.
submit a self-addressed, stamped                Note 1: This AD applies to each airplane         (e) This amendment becomes effective on
postcard on which the following              identified in the preceding applicability        February 25, 1998.
statement is made: ‘‘Comments to             provision, regardless of whether it has been        Issued in Renton, Washington, on February
Docket Number 98–NM–23–AD.’’ The             modified, altered, or repaired in the area       4, 1998.
postcard will be date stamped and            subject to the requirements of this AD. For      Darrell M. Pederson,
returned to the commenter.                   airplanes that have been modified, altered, or   Acting Manager, Transport Airplane
                                             repaired so that the performance of the          Directorate, Aircraft Certification Service.
Regulatory Impact                            requirements of this AD is affected, the
                                             owner/operator must request approval for an      [FR Doc. 98–3264 Filed 2–9–98; 8:45 am]
   The regulations adopted herein will       alternative method of compliance in              BILLING CODE 4910–13–P
not have substantial direct effects on the   accordance with paragraph (b) of this AD.
States, on the relationship between the      The request should include an assessment of
national government and the States, or       the effect of the modification, alteration, or
on the distribution of power and             repair on the unsafe condition addressed by      DEPARTMENT OF HEALTH AND
responsibilities among the various           this AD; and, if the unsafe condition has not    HUMAN SERVICES
levels of government. Therefore, in          been eliminated, the request should include
                                             specific proposed actions to address it.         Food and Drug Administration
accordance with Executive Order 12612,
it is determined that this final rule does      Compliance: Required as indicated, unless
                                             accomplished previously.                         21 CFR Parts 522 and 529
not have sufficient federalism
                                                To prevent fuel leakage on the outboard
implications to warrant the preparation      wing, which could result in risk of a fuel       New Animal Drugs; Change of Sponsor
of a Federalism Assessment.                  explosion and fire, accomplish the following:
   The FAA has determined that this             (a) Within 30 days after the effective date   AGENCY:   Food and Drug Administration,
regulation is an emergency regulation        of this AD, perform a visual inspection of the   HHS.
that must be issued immediately to           left and right-hand outer wings, beginning       ACTION:   Final rule.
correct an unsafe condition in aircraft,     with Rib 21 and continuing outward, for
and that it is not a ‘‘significant           signs of fuel leakage, in accordance with        SUMMARY:    The Food and Drug
regulatory action’’ under Executive          Dornier Alert Service Bulletin ASB–328–57–       Administration (FDA) is amending the
                                             020, dated October 28, 1997. If any sign of      animal drug regulations to reflect a
Order 12866. It has been determined          fuel leakage is detected, prior to further
further that this action involves an         flight, re-seal the respective fuel tank in
                                                                                              change of sponsor for two abbreviated
emergency regulation under DOT               accordance with the alert service bulletin.      new animal drug applications
Regulatory Policies and Procedures (44       Repeat the inspection at intervals not to        (ANADA’s) from Phoenix
FR 11034, February 26, 1979). If it is       exceed 1,500 flight hours or 6 months,           Pharmaceutical, Inc., to Phoenix
determined that this emergency               whichever occurs first.                          Scientific, Inc.
regulation otherwise would be                   (b) An alternative method of compliance or    EFFECTIVE DATE: February 10, 1998.
significant under DOT Regulatory             adjustment of the compliance time that           FOR FURTHER INFORMATION CONTACT:
Policies and Procedures, a final             provides an acceptable level of safety may be
                                             used if approved by the Manager,
                                                                                              Thomas J. McKay, Center for Veterinary
regulatory evaluation will be prepared       International Branch, ANM–116, FAA,              Medicine (HFV–102), Food and Drug
and placed in the Rules Docket.              Transport Airplane Directorate. Operators        Administration, 7500 Standish Pl.,
   A copy of it, if filed, may be obtained   shall submit their requests through an           Rockville, MD 20855, 301–827–0213.
from the Rules Docket at the location        appropriate FAA Principal Maintenance            SUPPLEMENTARY INFORMATION: Phoenix
provided under the caption ADDRESSES.        Inspector, who may add comments and then         Pharmaceutical, Inc., 4621 Easton Rd.,
                                             send it to the Manager, International Branch,    P.O. Box 6457 Farleigh Station, St.
List of Subjects in 14 CFR Part 39           ANM–116.
                                                                                              Joseph, MO 64506–0457, has informed
  Air transportation, Aircraft, Aviation        Note 2: Information concerning the            FDA that it has transferred ownership
safety, Incorporation by reference,          existence of approved alternative methods of
                                             compliance with this AD, if any, may be
                                                                                              of, and all rights and interests in,
Safety.                                                                                       approved ANADA 200–068
                                             obtained from the International Branch,
Adoption of the Amendment                    ANM–116.                                         (Oxytetracycline hydrochoride injection)
                                                (c) Special flight permits may be issued in   and ANADA 200–137 (Gentamicin
  Accordingly, pursuant to the
                                             accordance with sections 21.197 and 21.199       sulfate intrauterine solution) to Phoenix
authority delegated to me by the             of the Federal Aviation Regulations (14 CFR      Scientific, Inc., 3915 South 48th St.
Administrator, the Federal Aviation          21.197 and 21.199) to operate the airplane to    Terrace, P.O. Box 6457, St. Joseph, MO
Administration amends part 39 of the         a location where the requirements of this AD     64506–0457. Accordingly, FDA is
Federal Aviation Regulations (14 CFR         can be accomplished.                             amending the regulations in 21 CFR
part 39) as follows:                            (d) The actions shall be done in accordance
                                             with Dornier Alert Service Bulletin ASB–
                                                                                              522.1662a and 529.1044a to reflect the
PART 39—AIRWORTHINESS                        328–57–020, dated October 28, 1997. This         change of sponsor.
DIRECTIVES                                   incorporation by reference was approved by       List of Subjects in 21 CFR Parts 522 and
                                             the Director of the Federal Register in          529
  1. The authority citation for part 39      accordance with 5 U.S.C. 552(a) and 1 CFR
continues to read as follows:                part 51. Copies may be obtained from               Animal drugs.
6644            Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

  Therefore, under the Federal Food,          and Drug Administration, 7500 Standish        NATIONAL MEDIATION BOARD
Drug, and Cosmetic Act and under              Pl., Rockville, MD 20855, 301–594–
authority delegated to the Commissioner       1662.                                         29 CFR Part 1200
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21        SUPPLEMENTARY INFORMATION:      Hoffmann-     Repeal of Agency Promulgated Ethics
CFR parts 522 and 529 are amended as          La Roche, Inc., Nutley, NJ 07110–1199,        Regulations
follows:                                      is sponsor of NADA 128–686 that
                                              provides for use of Bio-Cox®                  AGENCY:  National Mediation Board.
PART 522—IMPLANTATION OR                      (salinomycin) Type A medicated articles       ACTION: Final rule.
INJECTABLE DOSAGE FORM NEW                    to make Type C medicated feeds for
ANIMAL DRUGS                                  broiler, roaster, and replacement             SUMMARY:   The National Mediation
                                              chickens, and quail. The firm filed a         Board (NMB) is repealing its regulations
  1. The authority citation for 21 CFR                                                      on the ethical conduct of employees.
                                              supplement to the NADA that provides
part 522 continues to read as follows:                                                      The repealed provisions are superseded
                                              for use of a 60-grams-per-pound (g/lb)
  Authority: 21 U.S.C. 360b.                  salinomycin Type A medicated article          by Office of Government Ethics (OGE)
                                              in addition to the currently approved         rules establishing uniform standards of
§ 522.1662a   [Amended]                                                                     conduct and financial disclosure
  2. Section 522.1662a Oxytetracycline        30-g/lb product. The supplemental
                                              NADA is approved as of January 9,             requirements for executive branch
hydrochoride injection is amended in                                                        employees.
paragraph (h)(2) by removing ‘‘057319’’       1998, and the regulations are amended
                                              in 21 CFR 558.550(a)(1) to reflect the        DATES:This final rule is effective
and adding in its place ‘‘059130’’.
                                              approval.                                     February 10, 1998.
PART 529—CERTAIN OTHER DOSAGE                    Approval of this supplemental NADA         FOR FURTHER INFORMATION CONTACT:
FORM NEW ANIMAL DRUGS                         does not require additional safety or         Ronald M. Etters, General Counsel,
  3. The authority citation for 21 CFR        effectiveness data or information. A          National Mediation Board, 1301 K
part 529 continues to read as follows:        freedom of information summary as             Street, NW, Washington, DC 20572,
                                              provided under 21 CFR part 20 and             202–523–5944. This is not a toll-free
  Authority: 21 U.S.C. 360b.                                                                number.
                                              514.11(e)(2)(ii) is not required.
§ 529.1044a   [Amended]                          The agency has determined under 21         SUPPLEMENTARY INFORMATION:     In 1967
  4. Section 529.1044a Gentamicin             CFR 25.33(a)(3) that this action is of a      the National Mediation Board (NMB)
sulfate intrauterine solution is amended      type that does not individually or            issued Part 1200 (29 CFR Part 1200, 32
in paragraph (b) by removing ‘‘057319’’       cumulatively have a significant effect on     FR 15827, November 17, 1967),
and adding in its place ‘‘059130’’.           the human environment. Therefore,             primarily pursuant to Executive Order
  Dated: January 28, 1998.                    neither an environmental assessment           11222 (30 FR 6469) and regulations
                                              nor an environmental impact statement         issued by the Civil Service Commission
Andrew J. Beaulieau,
                                                                                            (5 CFR 735.104). Executive Order 12674
Acting Director, Office of New Animal Drug    is required.
                                                                                            (April 12, 1989), as modified by
Evaluation, Center for Veterinary Medicine.
                                              List of Subjects in 21 CFR Part 558           Executive Order 12731 (October 7,
[FR Doc. 98–3294 Filed 2–9–98; 8:45 am]                                                     1990), revoked Executive Order 11222
BILLING CODE 4160–01–F                          Animal drugs, Animal feeds.                 (section 501(a)) and directed the Office
                                                Therefore, under the Federal Food,          of Government Ethics (OGE) to
                                              Drug, and Cosmetic Act and under the          ‘‘establish a single, comprehensive and
DEPARTMENT OF HEALTH AND                                                                    clear set of executive-branch standards
HUMAN SERVICES                                authority delegated to the Commissioner
                                              of Food and Drugs and redelegated to          of conduct that shall be objective,
Food and Drug Administration                  the Center for Veterinary Medicine, 21        reasonable and enforceable.’’ (Section
                                              CFR part 558 is amended as follows:           201).
21 CFR Part 558                                                                                OGE issued 5 CFR Part 2635,
                                              PART 558—NEW ANIMAL DRUGS FOR                 Standards of Ethical Conduct for
New Animal Drugs For Use In Animal
                                              USE IN ANIMAL FEEDS                           Employees of the Executive Branch (57
Feeds; Salinomycin
                                                                                            FR 35006, August 7, 1992). These
AGENCY:   Food and Drug Administration,         1. The authority citation for 21 CFR        standards of conduct superseded agency
HHS.                                          part 558 continues to read as follows:        regulations promulgated pursuant to 5
ACTION:   Final rule.                           Authority: 21 U.S.C. 360b, 371.
                                                                                            CFR Part 735. The NMB is removing
                                                                                            Part 1200 by repealing all provisions of
SUMMARY: The Food and Drug                                                                  Subparts A through D which were
                                              § 558.550   [Amended]
Administration (FDA) is amending the                                                        superseded when OGE’s regulations
animal drug regulations to reflect               2. Section 558.550 Salinomycin is          took effect (February 3, 1993).
approval of a supplemental new animal         amended in paragraph (a)(1) by                   The NMB has determined that
drug application (NADA) filed by              removing ‘‘30’’ and adding in its place       publication of a proposed rule is
Hoffmann-La Roche, Inc. The NADA              ‘‘30 and 60’’.                                unnecessary since Part 1200 is
provides for use of an alternate                                                            duplicative and superseded by OGE
                                                Dated: January 28, 1998.
formulation of salinomycin Type A                                                           rules establishing uniform standards of
medicated articles to make Type C             Andrew J. Beaulieau,
                                                                                            conduct and financial disclosure
medicated feeds.                              Acting Director, Office of New Animal Drug    regulations for executive branch
EFFECTIVE DATE: February 10, 1998.            Evaluation, Center for Veterinary Medicine.   employees.
FOR FURTHER INFORMATION CONTACT:              [FR Doc. 98–3293 Filed 2–9–98; 8:45 am]
                                                                                            List of Subjects in 29 CFR 1200
Mary G. Leadbetter, Center for                BILLING CODE 4160–01–F
Veterinary Medicine (HFV–143), Food                                                           Conflict of interests.
                Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                         6645

PART 1200—[REMOVED]                          FR 49680) by operation of law, the rule       not subject to the regulatory flexibility
                                             did not take effect on November 22,           provisions of the Regulatory Flexibility
  For the reasons set forth in the           1996, as stated therein. Now that EPA         Act (5 U.S.C. 601 et seq.). EPA’s
preamble, and under the authority of         has discovered its error, the rule is being   compliance with these statutes and
Executive Order 12674 of April 12,           submitted to both Houses of Congress          Executive Orders for the underlying rule
1989, Part 1200 of Chapter X of Title 29     and the GAO. This document amends             is discussed in the September 23, 1996,
of the Code of Federal Regulations is        the effective date of the rule consistent     Federal Register document.
removed.                                     with the provisions of the CRA.                  Pursuant to 5 U.S.C. 801(a)(1)(A), as
  Dated: February 1, 1998.                      Section 553 of the Administrative          added by the Small Business Regulatory
Stephen E. Crable,                           Procedure Act, 5 U.S.C. 553 (b)(B),           Enforcement Fairness Act of 1996, EPA
Chief of Staff.                              provides that, when an agency for good        will submit a report containing this rule
[FR Doc. 98–3114 Filed 2–9–98; 8:45 am]
                                             cause finds that notice and public            and other required information to the
                                             procedure are impracticable,                  U.S. Senate, the U.S. House of
BILLING CODE 7550–01–M
                                             unnecessary or contrary to the public         Representatives and the Comptroller
                                             interest, an agency may issue a rule          General of the General Accounting
                                             without providing notice and an               Office; however, in accordance with 5
ENVIRONMENTAL PROTECTION                     opportunity for public comment. EPA           U.S.C. 808(2), this rule is effective on
AGENCY                                       has determined that there is good cause       February 10, 1998. This rule is not a
                                             for making today’s rule final without         ‘‘major rule’’ as defined in 5 U.S.C.
40 CFR Part 51
                                             prior proposal and opportunity for            804(2).
[FRL–5960–9]                                 comment because EPA merely is                    This final rule only amends the
                                             correcting the effective date of the          effective date of the underlying rule; it
Technical Amendments to Minor                promulgated rule to be consistent with        does not amend any substantive
Amendments to Inspection/                    the congressional review requirements         requirements contained in the rule.
Maintenance Program Requirements;            of the Congressional Review Act as a          Accordingly, to the extent it is available,
Correction of Effective Date Under           matter of law and has no discretion in        judicial review is limited to the
Congressional Review Act (CRA)               this matter. Thus, notice and public          amended effective date.
AGENCY:   Environemental Protection          procedure are unnecessary. The Agency           Dated: January 30, 1998.
Agency (EPA).                                finds that this constitutes good cause        Carol Browner,
                                             under 5 U.S.C. 553(b)(B). Moreover,           Administrator.
ACTION: Direct final rule; correction of
                                             since today’s action does not create any
effective date under CRA.                    new regulatory requirements and
                                                                                           [FR Doc. 98–3033 Filed 2–9–98; 8:45 am]
                                                                                           BILLING CODE 6560–50–M
SUMMARY:   On September 23, 1996 (61         affected parties have known of the
FR 49680), the Environmental                 underlying rule since September 23,
Protection Agency published in the           1996, EPA finds that good cause exists        ENVIRONMENTAL PROTECTION
Federal Register a direct final rule         to provide for an immediate effective         AGENCY
changing a provision of the federal          date pursuant to 5 U.S.C. 553(d)(3) and
vehicle inspection and maintenance           808(2). Because the delay in the              40 CFR Part 52
(I/M) rules relating to motorist             effective date was caused by EPA’s
                                             inadvertent failure to submit the rule        [FRL–5961–2]
compliance enforcement mechanisms
for pre-existing programs, which             under the CRA, EPA does not believe
                                                                                           Technical Amendments to Approval
established an effective date of             that affected entities that acted in good
                                                                                           and Promulgation of Implementation
November 22, 1996. This document             faith relying upon the effective date
                                                                                           Plans; State of Missouri; Correction of
corrects the effective date of the rule to   stated in the September 23, 1996,
                                                                                           Effective Date Under Congressional
February 10, 1998, to be consistent with     Federal Register should be penalized if
                                                                                           Review Act (CRA)
sections 801 and 808 of the                  they were complying with the rule as
Congressional Review Act (CRA),              promulgated.                                  AGENCY:   Environmental Protection
enacted as part of the Small Business                                                      Agency (EPA).
                                             II. Administrative Requirements
Regulatory Enforcement Fairness Act, 5                                                     ACTION: Direct final rule; correction of
                                                Under Executive Order 12866 (58 FR         effective date under CRA.
U.S.C. 801 and 808.                          51735, October 4, 1993), this action is
EFFECTIVE DATE: This rule is effective on    not a ‘‘significant regulatory action’’ and   SUMMARY:   September 5, 1997 (62 FR
February 10, 1998.                           is therefore not subject to review by the     46880), the Environmental Protection
FOR FURTHER INFORMATION CONTACT:             Office of Management and Budget. In           Agency published in the Federal
Tom Eagles, OAR, at (202) 260–5585.          addition, this action does not impose         Register a direct final rule approving
SUPPLEMENTARY INFORMATION:                   any enforceable duty or contain any           revisions in the Missouri State rules
                                             unfunded mandate as described in the          regarding conformity requirements in
I. Background                                Unfunded Mandates Reform Act of 1995          Kansas City and St. Louis, which
   Section 801 of the CRA precludes a        (Pub. L. 104–4), or require prior             established an effective date of
rule from taking effect until the agency     consultation with State officials as          November 4, 1997. This document
promulgating the rule submits a rule         specified by Executive Order 12875 (58        corrects the effective date of the rule to
report, which includes a copy of the         FR 58093, October 23, 1993), or involve       February 10, 1998, to be consistent with
rule, to each House of Congress and to       special consideration of environmental        sections 801 and 808 of the
the Comptroller General of the General       justice related issues as required by         Congressional Review Act (CRA),
Accounting Office (GAO). EPA recently        Executive Order 12898 (59 FR 7629,            enacted as part of the Small Business
discovered that it had inadvertently         February 16, 1994). Because this action       Regulatory Enforcement Fairness Act, 5
failed to submit the above rule as           is not subject to notice-and-comment          U.S.C. 801 and 808.
required; thus, although the rule was        requirements under the Administrative         EFFECTIVE DATE: This rule is effective on
promulgated on September 23, 1996 (61        Procedure Act or any other statute, it is     February 10, 1998.
6646          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:              is therefore not subject to review by the     ENVIRONMENTAL PROTECTION
Alice Todd, EPA Region VII, at (913)          Office of Management and Budget. In           AGENCY
551–7304.                                     addition, this action does not impose
SUPPLEMENTARY INFORMATION:                    any enforceable duty or contain any           40 CFR Part 52
I. Background                                 unfunded mandate as described in the          [FRL–5960–8]
                                              Unfunded Mandates Reform Act of 1995
   Section 801 of the CRA precludes a         (Pub. L. 104–4), or require prior             Technical Amendments to Approval
rule form taking effect until the agency                                                    and Promulgation of Implementation
                                              consultation with State officials as
promulgating the rule submits a rule                                                        Plans; Ohio; Correction of Effective
                                              specified by Executive Order 12875 (58
report, which includes a copy of the                                                        Date Under Congressional Review Act
rule, to each House of Congress and to        FR 58093, October 28, 1993), or involve
                                              special consideration of environmental        (CRA)
the Comptroller General of the General
Accounting Office (GAO). EPA recently         justice related issues as required by         AGENCY:   Environmental Protection
discovered that it had inadvertently          Executive Order 12898 (59 FR 7629,            Agency (EPA).
failed to submit the above rule as            February 16, 1994). Because this action       ACTION: Direct final rule; correction of
required; thus, although the rule was         is not subject to notice-and-comment          effective date under CRA.
promulgated on September 5, 1997 (62          requirements under the Administrative
FR 46880) by operation of law, the rule       Procedure Act or any other statute, it is     SUMMARY:   On September 12, 1997 (62
did not take effect on November 4, 1997,      not subject to the regulatory flexibility     FR 47946), the Environmental
as stated therein. Now that EPA has           provisions of the Regulatory Flexibility      Protection Agency published in the
discovered its error, the rule is being       Act (5 U.S.C. 601 et seq.). EPA’s             Federal Register a direct final rule
submitted to both Houses of Congress          compliance with these statutes and            approving an Ohio State
and the GAO. This document amends             Executive Orders for the underlying rule      Implementation Plan revision request
the effective date of the rule consistent     is discussed in September 5, 1997,            under the Clean Air Act (CAA), which
with the provisions of the CRA.               Federal Register document.                    established an effective date of
   Section 553 of the Administrative                                                        November 12, 1997. This document
Procedure Act, 5 U.S.C. 553(b)(B),               Pursuant to 5 U.S.C. 801(a)(1)(A), as
                                                                                            corrects the effective date of the rule to
provides that, when an agency for good        added by the Small Business Regulatory        February 10, 1998, to be consistent with
cause finds that notice and public            Enforcement Fairness Act of 1996, EPA         sections 801 and 808 of the
procedure are impracticable,                  will submit a report containing this rule     Congressional Review Act (CRA),
unnecessary or contrary to the public         and other required information to the         enacted as part of the Small Business
interest, an agency may issue a rule          U.S. Senate, the U.S. House of                Regulatory Enforcement Fairness Act, 5
without providing notice and an               Representatives and the Comptroller           U.S.C. 801 and 808.
opportunity for public comment. EPA           General of the General Accounting             EFFECTIVE DATE: This rule is effective on
has determined that there is good cause       Office; however, in accordance with 5         February 10, 1998.
for making today’s rule final without         U.S.C. 808(2), this rule is effect on
prior proposal and opportunity for                                                          FOR FURTHER INFORMATION CONTACT: Dan
                                              February 10, 1998. This rule is not a
comment because EPA merely is                                                               Werbie, EPA Region V, at (312) 353–
                                              ‘‘major rule’’ as defined in 5 U.S.C.         5791.
correcting the effective date of the          804(2).
promulgated rule to be consistent with                                                      SUPPLEMENTARY INFORMATION:
the congressional review requirements            This final rule only amends the
                                              effective date of the underlying rule; it     I. Background
of the Congressional Review Act as a
matter of law and has no discretion in        does not amend any substantive                   Section 801 of the CRA precludes a
this matter. Thus, notice and public          requirements contained in the rule.           rule from taking effect until the agency
procedure are unnecessary. The Agency         Accordingly, to the extent it is available,   promulgating the rule submits a rule
finds that this constitutes good cause        judicial review is limited to the             report, which includes a copy of the
under 5 U.S.C. 533(b)(B). Moreover,           amended effective date. Pursuant to           rule, to each House of Congress and to
since today’s action does not create any      section 307(b)(1) of the Clean Air Act,       the Comptroller General of the General
new regulatory requirements and               challenges to this amendment must be          Accounting Office (GAO). EPA recently
affected parties have known of the            brought within 60 days of publication of      discovered that it had inadvertently
underlying rule since September 5,            the amendment.                                failed to submit the above rule as
1997, EPA finds that good cause exists                                                      required; thus, although the rule was
                                                Dated: January 30, 1998.                    promulgated on September 12, 1997 (62
to provide for an immediate affective
date pursuant to 5 U.S.C. 553(d)(3) and       Carol Browner,                                FR 47946) by operation of law, the rule
808(2). Because the delay in the              Administrator.                                did not take effect on November 12,
effective date was caused by EPA’s            [FR Doc. 98–3036 Filed 2–9–98; 8:45 am]       1997, as stated therein. Now that EPA
inadvertent failure to submit the rule        BILLING CODE 6560–50–M                        has discovered its error, the rule is being
under the CRA, EPA does not believe                                                         submitted to both House of Congress
that affected entities that acted in good                                                   and the GAO. This document amends
faith relying upon the effective date                                                       the effective date of the rule consistent
stated in the September 5, 1997, Federal                                                    with the provisions of the CRA.
Register should be penalized if they                                                           Section 553 of the Administrative
were complying with the rule as                                                             Procedure Act, 5 U.S.C. 553(b)(B),
promulgated.                                                                                provides that, when an agency for good
                                                                                            cause finds that notice and public
II. Administrative Requirements                                                             procedure are impracticable,
   Under Executive Order 12866 (58 FR                                                       unnecessary or contrary to the public
51735, October 4, 1993), this action is                                                     interest, an agency may issue a rule
not a ‘‘significant regulatory action’’ and                                                 without providing notice and an
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                           6647

opportunity for public comment. EPA           U.S.C. 808(2), this rule is effective on      Accounting Office (GAO). EPA recently
has determined that there is good cause       February 10, 1998. This rule is not a         discovered that it had inadvertently
for making today’s rule final without         ‘‘major rule’’ as defined in 5 U.S.C.         failed to submit the above rule as
prior proposal and opportunity for            804(2).                                       required; thus, although the rule was
comment because EPA merely is                    This final rule only amends the            promulgated on October 23, 1997 (62 FR
correcting the effective date of the          effective date of the underlying rule; it     55170) by operation of law, the rule did
promulgated rule to be consistent with        does not amend any substantive                not take effect on December 22, 1997, as
the congressional review requirements         requirements contained in the rule.           stated therein. Now that EPA has
of the Congressional Review Act as a          Accordingly, to the extent it is available,   discovered its error, the rule is being
matter of law and has no discretion in        judicial review is limited to the             submitted to both Houses of Congress
this matter. Thus, notice and public          amended effective date. Pursuant to           and the GAO. This document amends
procedure are unnecessary. The Agency         section 307(b)(1) of the Clean Air Act,       the effective date of the rule consistent
finds that this constitutes good cause        challenges to this amendment must be          with the provisions of the CRA.
under 5 U.S.C. 553(b)(B). Moreover,           brought within 60 days of publication of         Because the delay in the effective date
since today’s action does not create any      the amendments.                               was caused by EPA’s inadvertent failure
new regulatory requirements and                                                             to submit the rule under the CRA, EPA
                                                Dated: January 30, 1998.
affected parties have known of the                                                          does not believe that affected entities
                                              Carol Browner,
underlying rule since September 12,                                                         that acted in good faith relying upon the
1997, EPA finds that good cause exists        Administrator.                                effective date stated in the October 23,
to provide for an immediate effective         [FR Doc. 98–3021 Filed 2–9–98; 8:45 am]       1997, Federal Register should be
date pursuant to 5 U.S.C. 553(d)(3) and       BILLING CODE 6560–50–M                        penalized if they were complying with
808(2).                                                                                     the rule as promulgated.
   Because the delay in the effective date
                                              ENVIRONMENTAL PROTECTION                      II. Administrative Requirements
was caused by EPA’s inadvertent failure
to submit the rule under the CRA, EPA         AGENCY                                           Under Executive Order 12866 (58 FR
does not believe that affected entities                                                     51735, October 4, 1993), this action is
that acted in good faith relying upon the     40 CFR Part 52                                not a ‘‘significant regulatory action’’ and
effective date stated in the September        [FRL–5961–1]                                  is therefore not subject to review by the
12, 1997, Federal Register should be                                                        Office of Management and Budget. In
penalized if they are complying with the      Technical Amendments to Approval              addition, this action does not impose
rule as promulgated.                          and Promulgation of Implementation            any enforceable duty or contain any
                                              Plan; Minnesota Correction of Effective       unfunded mandate as described in the
II. Administrative Requirements               Date Under Congressional Review Act           Unfunded Mandates Reform Act of 1995
   Under Executive Order 12866 (58 FR         (CRA)                                         (Pub. L. 104–4), or require prior
51735, October 4, 1993), this action is                                                     consultation with State officials as
not a ‘‘significant regulatory action’’ and   AGENCY:   Environmental Protection            specified by Executive Order 12875 (58
is therefore not subject to review by the     Agency (EPA).                                 FR 58093, October 28, 1993), or involve
Office of Management and Budget. In           ACTION: Direct final rule; correction of      special consideration of environmental
addition, this action does not impose         effective date under CRA.                     justice related issues as required by
any enforceable duty or contain any                                                         Executive Order 12898 (59 FR 7629,
                                              SUMMARY:   On October 23, 1997 (62 FR
unfunded mandate as described in the                                                        February 16, 1994). Because this action
Unfunded Mandates Reform Act of 1995          55170), the Environmental Protection
                                                                                            is not subject to notice-and-comment
(Pub. L. 104–4), or require prior             Agency published in the Federal
                                                                                            requirements under the Administrative
consultation with State officials as          Register a direct final rule approving
                                                                                            Procedure Act or any other statute, it is
specified by Executive Order 12875 (58        Minnesota’s 1993 periodic carbon
                                                                                            not subject to the regulatory flexibility
FR 58093, October 28, 1993), or involve       monoxide (CO) emission inventory,
                                                                                            provisions of the Regulatory Flexibility
special consideration of environmental        which established an effective date of
                                                                                            Act (5 U.S.C. 601 et seq.). EPA’s
justice related issues as required by         December 22, 1997. This document
                                                                                            compliance with these statutes and
Executive Order 12898 (59 FR 7629,            corrects the effective date of the rule to
                                                                                            Executive Orders for the underlying rule
February 16, 1994). Because this action       February 10, 1998, to be consistent with
                                                                                            is discussed in the October 23, 1997,
is not subject to notice-and-comment          sections 801 and 808 of the
                                                                                            Federal Register document.
requirements under the Administrative         Congressional Review Act (CRA),                  Pursuant to 5 U.S.C. 801(a)(1)(A), as
Procedure Act or any other statute, it is     enacted as part of the Small Business         added by the Small Business Regulatory
not subject to the regulatory flexibility     Regulatory Enforcement Fairness Act, 5        Enforcement Fairness Act of 1996, EPA
provisions of the Regulatory Flexibility      U.S.C. 801 and 808.                           will submit a report containing this rule
Act (5 U.S.C. 601 et seq.). EPA’s             EFFECTIVE DATE: This rule is effective on     and other required information to the
compliance with these statutes and            February 10, 1998.                            U.S. Senate, the U.S. House of
Executive Orders for the underlying rule      FOR FURTHER INFORMATION CONTACT: Dan          Representatives and the Comptroller
is discussed in September 12, 1997,           Werbie, EPA Region V, at (312) 353–           General of the General Accounting
Federal Register document.                    5791.                                         Office; however, in accordance with 5
   Pursuant to 5 U.S.C. 801(a)(1)(A), as      SUPPLEMENTARY INFORMATION:                    U.S.C. 808(2), this rule is effective on
added by the Small Business Regulatory                                                      February 10, 1998. This rule is not a
Enforcement Fairness Act of 1996, EPA         I. Background                                 ‘‘major rule’’ as defined in 5 U.S.C.
will submit a report containing this rule        Section 801 of the CRA precludes a         804(2).
and other required information to the         rule from taking effect until the agency         This final rule only amends the
U.S. Senate, the U.S. House of                promulgating the rule submits a rule          effective date of the underlying rule; it
Representatives and the Comptroller           report, which includes a copy of the          does not amend any substantive
General of the General Accounting             rule, to each House of Congress and to        requirements contained in the rule.
Office; however, in accordance with 5         the Comptroller General of the General        Accordingly, to the extent it is available,
6648            Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

judicial review is limited to the           did not take effect on November 22,           provisions of the Regulatory Flexibility
amended effective date. Pursuant to         1996, as stated therein. Now that EPA         Act (5 U.S.C. 601 et seq.). EPA’s
section 307(b)(1) of the Clean Air Act,     has discovered its error, the rule is being   compliance with these statutes and
challenges to this amendment must be        submitted to both Houses of Congress          Executive Orders for the underlying rule
brought within 60 days of publication of    and the GAO. This document amends             is discussed in the September 23, 1996,
the amendment.                              the effective date of the rule consistent     Federal Register document.
  Dated: January 30, 1998.                  with the provisions of the CRA.                  Pursuant to 5 U.S.C. 801(a)(1)(A), as
                                               Section 553 of the Administrative          added by the Small Business Regulatory
Carol Browner,
                                            Procedure Act, 5 U.S.C. 553(b)(B),            Enforcement Fairness Act of 1996, EPA
Administrator.
                                            provides that, when an agency for good        will submit a report containing this rule
[FR Doc. 98–3019 Filed 2–9–98; 8:45 am]     cause finds that notice and public            and other required information to the
BILLING CODE 6560–50–M                      procedure are impracticable,                  U.S. Senate, the U.S. House of
                                            unnecessary or contrary to the public         Representatives and the Comptroller
                                            interest, an agency may issue a rule          General of the General Accounting
ENVIRONMENTAL PROTECTION                    without providing notice and an
AGENCY                                                                                    Office; however, in accordance with 5
                                            opportunity for public comment. EPA           U.S.C. 808(2), this rule is effective on
40 CFR Part 52                              has determined that there is good cause       February 10, 1998. This rule is not a
                                            for making today’s rule final without         ‘‘major rule’’ as defined in 5 U.S.C.
[FRL–5960–7]                                prior proposal and opportunity for            804(2).
                                            comment because EPA merely is                    This final rule only amends the
Technical Amendments to Approval            correcting the effective date of the
and Promulgation of Implementation                                                        effective date of the underlying rule; it
                                            promulgated rule to be consistent with        does not amend any substantive
Plans: Washington; Correction of            the congressional review requirements
Effective Date Under Congressional                                                        requirements contained in the rule.
                                            of the Congressional Review Act as a          Accordingly, to the extent it is available,
Review Act (CRA)                            matter of law and has no discretion in        judicial review is limited to the
AGENCY:   Environmental Protection          this matter. Thus, notice and public          amended effective date. Pursuant to
Agency (EPA).                               procedure are unnecessary. The Agency         section 307(b)(1) of the Clean Air Act,
ACTION: Direct final rule; correction of    finds that this constitutes good cause        challenges to this amendment must be
effective date under CRA.                   under 5 U.S.C. 553(b)(B). Moreover,           brought within 60 days of publication of
                                            since today’s action does not create any      the amendment.
SUMMARY: On September 23, 1996 (61          new regulatory requirements and
FR 49688), the Environmental                affected parties have known of the              Dated: January 30, 1998.
Protection Agency published in the          underlying rule since September 23,           Carol Browner,
Federal Register a direct final rule        1996, EPA finds that good cause exists        Administrator.
approving several minor revisions to the    to provide for an immediate effective         [FR Doc. 98–3018 Filed 2–9–98; 8:45 am]
State of Washington Implementation          date pursuant to 5 U.S.C. 553(d)(3) and       BILLING CODE 6560–50–M
Plan (SIP) and, at the same time, taking    808(2). Because the delay in the
no action on two sections of the            effective date was caused by EPA’s
revisions which are unrelated to the        inadvertent failure to submit the rule        ENVIRONMENTAL PROTECTION
purposes of the SIP, which established      under the CRA, EPA does not believe           AGENCY
an effective date of November 22, 1996.     that affected entities that acted in good
This document corrects the effective        faith relying upon the effective date         40 CFR Part 52
date of the rule to February 10, 1998, to   stated in the September 23, 1996,             [FRL–5960–6]
be consistent with sections 801 and 808     Federal Register should be penalized if
of the Congressional Review Act (CRA),      they were complying with the rule as          Technical Amendments to Approval
enacted as part of the Small Business       promulgated.                                  and Promulgation of Implementation
Regulatory Enforcement Fairness Act, 5      II. Administrative Requirements               Plans; State of Missouri; Correction of
U.S.C. 801 and 808.                                                                       Effective Date Under Congressional
EFFECTIVE DATE: This rule is effective on
                                               Under Executive Order 12866 (58 FR         Review Act (CRA)
February 10, 1998.                          51735, October 4, 1993), this action is
                                            not a ‘‘significant regulatory action’’ and   AGENCY:   Environmental Protection
FOR FURTHER INFORMATION CONTACT:
                                            is therefore not subject to review by the     Agency (EPA).
Robyn Meeker, EPA Region X, at (206)        Office of Management and Budget. In
553–8579.                                                                                 ACTION: Direct final rule; correction of
                                            addition, this action does not impose         effective date under CRA.
SUPPLEMENTARY INFORMATION:                  any enforceable duty or contain any
                                            unfunded mandate as described in the          SUMMARY:   On July 29, 1996 (61 FR
I. Background                               Unfunded Mandates Reform Act of 1995          39334), the Environmental Protection
   Section 801 of the CRA precludes a       (Pub. L. 104–4), or require prior             Agency published in the Federal
rule from taking effect until the agency    consultation with State officials as          Register a direct final rule concerning
promulgating the rule submits a rule        specified by Executive Order 12875 (58        the final action to correcting a previous
report, which includes a copy of the        FR 58093, October 28, 1993), or involve       action published on February 29, 1996,
rule, to each House of Congress and to      special consideration of environmental        that approved and incorporated
the Comptroller General of the General      justice related issues as required by         multiple amendments to Missouri rule
Accounting Office (GAO). EPA recently       Executive Order 12898 (59 FR 7629,            10 CSR 10–6.110 into the State
discovered that it had inadvertently        February 16, 1994). Because this action       Implementation Plan (SIP), which
failed to submit the above rule as          is not subject to notice-and-comment          established an effective date of
required; thus, although the rule was       requirements under the Administrative         September 27, 1996. This document
promulgated on September 23, 1996 (61       Procedure Act or any other statute, it is     corrects the effective date of the rule to
FR 49688) by operation of law, the rule     not subject to the regulatory flexibility     February 10, 1998 to be consistent with
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                           6649

sections 801 and 808 of the                   they were complying with the rule as          ENVIRONMENTAL PROTECTION
Congressional Review Act (CRA),               promulgated.                                  AGENCY
enacted as part of the Small Business
Regulatory Enforcement Fairness Act, 5        II. Administrative Requirements               40 CFR Part 52
U.S.C. 801 and 808.                              Under Executive Order 12866 (58 FR         [FRL–5960–5]
EFFECTIVE DATE: This rule is effective on     51735, October 4, 1993), this action is
February 10, 1998.                            not a ‘‘significant regulatory action’’ and   Technical Amendments to Approval
FOR FURTHER INFORMATION CONTACT:              is therefore not subject to review by the     and Promulgation of Maintenance Plan
Sonya Moore, EPA Region VIII, at (303)        Office of Management and Budget. In           Revision; Ohio; Correction of Effective
312–6825.                                                                                   Date Under Congressional Review Act
                                              addition, this action does not impose
SUPPLEMENTARY INFORMATION:
                                                                                            (CRA)
                                              any enforceable duty or contain any
I. Background                                 unfunded mandate as described in the          AGENCY:   Environmental Protection
                                              Unfunded Mandates Reform Act of 1995          Agency (EPA).
   Section 801 of the CRA precludes a         (Pub. L. 104–4), or require prior             ACTION: Direct final rule; correction of
rule from taking effect until the agency                                                    effective date under CRA.
                                              consultation with State officials as
promulgating the rule submits a rule
                                              specified by Executive Order 12875 (58
report, which includes a copy of the                                                        SUMMARY:   On August 25, 1997 (62 FR
                                              FR 58093, October 28, 1993), or involve
rule, to each House of Congress and to                                                      44903), the Environmental Protection
the Comptroller General of the General        special consideration of environmental        Agency published in the Federal
Accounting Office (GAO). EPA recently         justice related issues as required by         Register a direct final rule approving a
discovered that it had inadvertently          Executive Order 12898 (59 FR 7629,            June 10, 1997, request from Ohio, for
failed to submit the above rule as            February 16, 1994). Because this action       State Implementation Plan maintenance
required; thus, although the rule was         is not subject to notice-and-comment          plan revisions for the following areas:
promulgated on July 29, 1996 (61 FR           requirements under the Administrative         Toledo area (including Lucas and Wood
39334) by operation of law, the rule did      Procedure Act or any other statute, it is     counties), the Cleveland-Akron-Lorain
not take effect on September 27, 1996,        not subject to the regulatory flexibility     area (including Lorain, Cuyahoga, Lake,
as stated therein. Now that EPA has           provisions of the Regulatory Flexibility      Ashtabula, Geauga, Medina, Summit
discovered its error, the rule is being       Act (5 U.S.C. 601 et seq.). EPA’s             and Portage counties), and the Dayton-
submitted to both Houses of Congress          compliance with these statutes and            Springfield area (including
and the GAO. This document amends             Executive Orders for the underlying rule      Montgomery, Clark, Greene, and Miami
the effective date of the rule consistent     is discussed in the July 29, 1996,            counties), which established an effective
with the provisions of the CRA.               Federal Register document.                    date of October 24, 1997. This document
   Section 553 of the Administrative                                                        corrects the effective date of the rule to
                                                 Pursuant to 5 U.S.C. 801(a)(1)(A), as      February 10, 1998, to be consistent with
Procedure Act, 5 U.S.C. 553(b)(B),
                                              added by the Small Business Regulatory        sections 801 and 808 of the
provides that, when an agency for good
                                              Enforcement Fairness Act of 1996, EPA         Congressional Review Act (CRA),
cause finds that notice and public
procedure are impracticable,                  will submit a report containing this rule     enacted as part of the Small Business
unnecessary or contrary to the public         and other required information to the         Regulatory Enforcement Fairness Act, 5
interest, an agency may issue a rule          U.S. Senate, the U.S. House of                U.S.C. 801 and 808.
without providing notice and an               Representatives and the Comptroller           EFFECTIVE DATE: This rule is effective on
opportunity for public comment. EPA           General of the General Accounting             February 10, 1998.
has determined that there is good cause       Office; however, in accordance with 5         FOR FURTHER INFORMATION CONTACT: Dan
for making today’s rule final without         U.S.C. 808(2), this rule is effective on      Werbie, EPA Region V, at (312) 353–
prior proposal and opportunity for            February 10, 1998. This rule is not a         5791.
comment because EPA merely is                 ‘‘major rule’’ as defined in 5 U.S.C.         SUPPLEMENTARY INFORMATION:
correcting the effective date of the          804(2).
promulgated rule to be consistent with                                                      I. Background
                                                 This final rule only amends the
the congressional review requirements         effective date of the underlying rule; it        Section 801 of the CRA precludes a
of the Congressional Review Act as a          does not amend any substantive                rule from taking effect until the agency
matter of law and has no discretion in        requirements contained in the rule.           promulgating the rule submits a rule
this matter. Thus, notice and public          Accordingly, to the extent it is available,   report, which includes a copy of the
procedure are unnecessary. The Agency                                                       rule, to each House of Congress and to
                                              judicial review is limited to the
finds that this constitutes good cause                                                      the Comptroller General of the General
                                              amended effective date. Pursuant to
under 5 U.S.C. 553(b)(B). Moreover,                                                         Accounting Office (GAO). EPA recently
                                              section 307(b)(1) of the Clean Air Act,
since today’s action does not create any                                                    discovered that it had inadvertently
new regulatory requirements and               challenges to this amendment must be
                                                                                            failed to submit the above rule as
affected parties have known of the            brought within 60 days of publication of      required; thus, although the rule was
underlying rule since July 29, 1996, EPA      the amendment.                                promulgated on August 25, 1997 (62 FR
finds that good cause exists to provide         Dated: January 30, 1998.                    44903) by operation of law, the rule did
for an immediate effective date pursuant      Carol Browner,                                not take effect on October 24, 1997, as
to 5 U.S.C. 553(d)(3) and 808(2).             Administrator.                                stated therein. Now that EPA has
   Because the delay in the effective date                                                  discovered its error, the rule is being
                                              [FR Doc. 98–3017 Filed 2–9–98; 8:45 am]
was caused by EPA’s inadvertent failure                                                     submitted to both Houses of Congress
to submit the rule under the CRA, EPA         BILLING CODE 6560–50–M
                                                                                            and the GAO. This document amends
does not believe that affected entities                                                     the effective date of the rule consistent
that acted in good faith relying upon the                                                   with the provisions of the CRA.
effective date stated in the July 29, 1996,                                                    Section 553 of the Administrative
Federal Register should be penalized if                                                     Procedure Act, 5 U.S.C. 553(b)(B),
6650          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

provides that, when an agency for good        will submit a report containing this rule     proposed rule, which is being published
cause finds that notice and public            and other required information to the         in the proposed rules section of this
procedure are impracticable,                  U.S. Senate, the U.S. House of                Federal Register. A second public
unnecessary or contrary to the public         Representatives and the Comptroller           comment period will not be held.
interest, an agency may issue a rule          General of the General Accounting             Parties interested in commenting on this
without providing notice and an               Office; however, in accordance with 5         action should do so at this time. This
opportunity for public comment. EPA           U.S.C. 808(2), this rule is effective on      approval makes federally enforceable
has determined that there is good cause       February 10, 1998. This rule is not a         the State’s rule that has been
for making today’s rule final without         ‘‘major rule’’ as defined in 5 U.S.C.         incorporated by reference.
prior proposal and opportunity for            804(2).                                       DATES: The ‘‘direct final’’ is effective on
comment because EPA merely is                    This final rule only amends the            April 13, 1998, unless USEPA receives
correcting the effective date of the          effective date of the underlying rule; it     adverse or critical comments by March
promulgated rule to be consistent with        does not amend any substantive                12, 1998. If the effective date is delayed,
the congressional review requirements         requirements contained in the rule.           timely notice will be published in the
of the Congressional Review Act as a          Accordingly, to the extent it is available,   Federal Register.
matter of law and has no discretion in        judicial review is limited to the
this matter. Thus, notice and public                                                        ADDRESSES: Written comments should
                                              amended effective date. Pursuant to
procedure are unnecessary. The Agency         section 307(b)(1) of the Clean Air Act,       be sent to: Carlton T. Nash, Chief,
finds that this constitutes good cause        challenges to this amendment must be          Regulation Development Section, Air
under 5 U.S.C. 553(b)(B). Moreover,           brought within 60 days of publication of      Programs Branch (AR–18J), U.S.
since today’s action does not create any      the amendment.                                Environmental Protection Agency, 77
new regulatory requirements and                                                             West Jackson Boulevard, Chicago,
                                                Dated: January 30, 1998.                    Illinois 60604.
affected parties have known of the
underlying rule since August 25, 1997,        Carol Browner,                                   Copies of the proposed SIP revision
EPA finds that good cause exists to           Administrator.                                and USEPA’s analysis are available for
provide for an immediate effective date       [FR Doc. 98–3015 Filed 2–9–98; 8:45 am]       inspection at the U.S. Environmental
pursuant to 5 U.S.C. 553(d)(3) and            BILLING CODE 6560–50–M                        Protection Agency, Region 5, Air and
808(2). Because the delay in the                                                            Radiation Division, 77 West Jackson
effective date was caused by EPA’s                                                          Boulevard, Chicago, Illinois 60604.
inadvertent failure to submit the rule        ENVIRONMENTAL PROTECTION                      (Please telephone Kathleen D’Agostino
under the CRA, EPA does not believe           AGENCY                                        at (312) 886–1767 before visiting the
that affected entities that acted in good                                                   Region 5 Office.)
faith relying upon the effective date         40 CFR Part 52
                                                                                            FOR FURTHER INFORMATION CONTACT:
stated in the August 25, 1997, Federal        [MI56–01–7264a; FRL–5961–8]                   Kathleen D’Agostino, Environmental
Register should be penalized if they                                                        Engineer, Regulation Development
were complying with the rule as               Approval and Promulgation of State            Section, Air Programs Branch (AR–18J),
promulgated.                                  Implementation Plan; Michigan                 U.S. Environmental Protection Agency,
II. Administrative Requirements               AGENCY: Environmental Protection              Region 5, Chicago, Illinois 60604, (312)
                                              Agency.                                       886–1767.
   Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is       ACTION: Direct final rule.                    SUPPLEMENTARY INFORMATION: On May
not a ‘‘significant regulatory action’’ and                                                 16, 1996, the Michigan Department of
is therefore not subject to review by the     SUMMARY:    On May 16, 1996, and              Environmental Quality (MDEQ)
Office of Management and Budget. In           September 23, 1997, the Michigan              submitted a revision to the Michigan
addition, this action does not impose         Department of Environmental Quality           State Implementation Plan for New
any enforceable duty or contain any           (MDEQ) submitted a revision to the            Source Review (NSR). Included in this
unfunded mandate as described in the          Michigan State Implementation Plan            submittal was Part 55 of Act 451 of
Unfunded Mandates Reform Act of 1995          (SIP) that included Part 55 of Act 451 of     1994, the Natural Resources and
(Pub. L. 104–4), or require prior             1994, the Natural Resources and               Environmental Protection Act (Part 55),
consultation with State officials as          Environmental Protection Act (Part 55).       which recodifies the Air Pollution
specified by Executive Order 12875 (58        Part 55 is a recodification of the Air        Control Act, 1965 Public Act 348. Part
FR 58093, October 28, 1993), or involve       Pollution Control Act, 1965 Public Act        55 in the May 16, 1996 submittal was
special consideration of environmental        348. On December 30, 1997, MDEQ               incomplete in that the copy submitted
justice related issues as required by         withdrew most of Part 55. In this action,     had only the odd pages. On September
Executive Order 12898 (59 FR 7629,            the United States Environmental               23, 1997, the State supplemented its
February 16, 1994). Because this action       Protection Agency (USEPA) is                  original submittal with a complete copy
is not subject to notice-and-comment          approving sections 324.5524 and               of Part 55. On December 30, 1997,
requirements under the Administrative         324.5525 which contain control                MDEQ withdrew all of Part 55 except
Procedure Act or any other statute, it is     requirements and applicable definitions       for sections 324.5505, 324.5510,
not subject to the regulatory flexibility     for fugitive dust sources.                    324.5511, 324.5524 and 324.5525 and
provisions of the Regulatory Flexibility        In the proposed rules section of this       reaffirmed that Part 55 replaces the Air
Act (5 U.S.C. 601 et seq.). EPA’s             Federal Register, the USEPA is                Pollution Control Act, 1965 Public Act
compliance with these statutes and            proposing approval of, and soliciting         348, as the enabling legislation for
Executive Orders for the underlying rule      comments on, this requested SIP               Michigan’s air pollution control
is discussed in the August 25, 1997,          revision. If adverse comments are             program. This action only addresses
Federal Register document.                    received on this action, the USEPA will       those sections 324.5524 and 324.5525.
   Pursuant to 5 U.S.C. 801(a)(1)(A), as      withdraw this final rule and address the      Sections 324.5505, 324.5510 and
added by the Small Business Regulatory        comments received in response to this         324.5511 pertain to New Source Review
Enforcement Fairness Act of 1996, EPA         action in a final rule on the related         (NSR) and will be addressed when
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                              6651

USEPA takes action on the State’s NSR           Under section 202 of the Unfunded          Reporting and recordkeeping
SIP.                                         Mandates Reform Act of 1995                   requirements.
   Sections 324.5524 and 324.5525            (‘‘Unfunded Mandates Act’’), signed             Dated: January 12, 1998.
contain control requirements and             into law on March 22, 1995, the USEPA         David A. Ullrich,
applicable definitions for fugitive dust     must prepare a budgetary impact
sources. These control requirements and                                                    Acting Regional Administrator, Region V.
                                             statement to accompany any proposed
definitions are very similar to those        or final rule that includes a Federal             40 CFR part 52 is amended as follows:
included in rules approved by USEPA          mandate that may result in estimated
in the State’s particulate matter SIP.       costs to State, local, or tribal              PART 52—[AMENDED]
These sections are acceptable and            governments in the aggregate, or to the         1. The authority citation for part 52
USEPA is approving sections 324.5524         private sector, of $100 million or more.      continues to read as follows:
and 324.5525 for incorporation into the      Under section 205, the USEPA must
SIP.                                         select the most cost-effective and least          Authority: 42 U.S.C. 7401 et seq.
   Because the USEPA considers this          burdensome alternative that achieves
action noncontroversial and routine, we                                                    Subpart X—Michigan
                                             the objectives of the rule and is
are approving it without prior proposal.     consistent with statutory requirements.         2. Section 52.1170 is amended by
This action will become effective on         Section 203 requires the USEPA to             adding paragraph (c)(110) to read as
April 13, 1998. However, if we receive       establish a plan for informing and            follows:
adverse comments by March 12, 1998,          advising any small governments that
USEPA will publish a document that           may be significantly or uniquely              § 52.1170    Identification of plan.
withdraws this action.                       impacted by the rule.                         *      *    *     *    *
   Nothing in this action should be             The USEPA has determined that the            (c) * * *
construed as permitting, allowing or         approval action promulgated today does          (110) A revision to Michigan’s State
establishing a precedent for any future      not include a Federal mandate that may        Implementation Plan (SIP), containing
request for revision to any SIP. The         result in estimated costs of $100 million     part of Michigan’s Natural Resources
USEPA shall consider each request for        or more to either State, local, or tribal     and Environmental Protection Act, was
revision to the SIP in light of specific     governments in the aggregate, or to the       submitted by the Michigan Department
technical, economic, and environmental       private sector. This Federal action           of Environmental Quality (MDEQ) on
factors and in relation to relevant          approves into the SIP requirements            May 16, 1996, and supplemented on
statutory and regulatory requirements.       already existing under State or local         September 23, 1997. On December 30,
   This action has been classified as a      law, and imposes no new Federal               1997, MDEQ withdrew much of the
Table 3 action for signature by the          requirements. Accordingly, no                 original submittal. The revision
Regional Administrator under the             additional costs to State, local, or tribal   incorporated below contains control
procedures published in the Federal          governments, or the private sector,           requirements and applicable definitions
Register on January 19, 1989 (54 FR          result from this action.                      for fugitive dust sources.
2214–2225), as revised by a July 10,            Under 5 U.S.C. 801(a)(1)(A) as added         (i) Incorporation by reference. The
1995 memorandum from Mary Nichols,           by the Small Business Regulatory              following sections of Part 55 of Act 451
Assistant Administrator for Air and          Enforcement Fairness Act of 1996,             of 1994, the Natural Resources and
Radiation. The Office of Management          USEPA submitted a report containing           Environmental Protection Act are
and Budget (OMB) has exempted this           this rule and other required information      incorporated by reference.
regulatory action from E.O. 12866            to the U.S. Senate, the U.S. House of           (A) 324.5524 Fugitive dust sources
review.                                      Representatives and the Comptroller           or emissions, effective March 30, 1995.
   Under the Regulatory Flexibility Act,     General of the General Accounting               (B) 324.5525 Definitions, effective
5 U.S.C. 600 et seq., USEPA must             Office prior to publication of the rule in    March 30, 1995.
prepare a regulatory flexibility analysis    today’s Federal Register. This rule is        [FR Doc. 98–3177 Filed 2–9–98; 8:45 am]
assessing the impact of any proposed or      not a ‘‘major rule’’ as defined by 5          BILLING CODE 6560–50–P
final rule on small entities (5 U.S.C. 603   U.S.C. 804(2).
and 604). Alternatively, USEPA may              Under section 307(b)(1) of the Act,
certify that the rule will not have a        petitions for judicial review of this         ENVIRONMENTAL PROTECTION
significant impact on a substantial          action must be filed in the United States     AGENCY
number of small entities. Small entities     Court of Appeals for the appropriate
include small businesses, small not-for-     circuit by April 13, 1998. Filing a           40 CFR Part 52
profit enterprises, and government           petition for reconsideration by the
entities with jurisdiction over                                                            [TX35–1–6168; FRL–5962–3]
                                             Administrator of this final rule does not
populations of less than 50,000.             affect the finality of this rule for the
   This approval does not create any                                                       Approval and Promulgation of Air
                                             purposes of judicial review, nor does it      Quality State Implementation Plans
new requirements. Therefore, I certify       extend the time within which a petition
that this action does not have a                                                           (SIP); Texas; Disapproval of Revisions
                                             for judicial review may be filed and          to the State Implementation Plan
significant impact on any small entities     shall not postpone the effectiveness of
affected. Moreover, due to the nature of     such rule or action. This action may not      AGENCY:  Environmental Protection
the Federal-State relationship under the     be challenged later in proceedings to         Agency (EPA).
Act, preparation of the regulatory           enforce its requirements (see section         ACTION: Final rule.
flexibility analysis would constitute        307(b)(2)).
Federal inquiry into the economic                                                          SUMMARY:  The EPA is taking final action
reasonableness of the State action. The      List of Subjects in 40 CFR Part 52            on disapproval of SIP revisions Texas
Act forbids USEPA to base its actions          Environmental protection, Air               submitted for Regulation IV, 30 TAC
concerning SIPs on such grounds.             pollution control, Hydrocarbons,              Chapter 114, sections 114.1
Union Electric Co. v. U.S. USEPA, 427        Incorporation by reference,                   ‘‘Maintenance and Operation of Air
U.S. 246, 256–66 (1976).                     Intergovernmental relations, Ozone,           Pollution Control Systems or Devices
6652          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

Used to Control Emissions from Motor           The State revision, received February     if: The system or device can be
Vehicles’’ and 114.5 ‘‘Exclusions and       24, 1989, made the following changes.        demonstrated to be at least as effective
Exceptions’’ on February 24, 1989,          Section 114.1 prohibits: (1) The removal     in reducing emissions as the original
September 6, 1990, and July 13, 1993.       of or render inoperative any system or       equipment. This rule does not provide
   The EPA is disapproving these            device used to control emissions from a      how the above demonstration will be
revisions that relate to Statewide          motor vehicle or motor vehicle engine        made nor the criteria for the
antitampering provisions and                or any part thereof; (2) specifies the       demonstration. Section 114.5(a)(1)
exemptions to antitampering provisions      conditions for the acceptable removal        allows registered farm vehicles used
for motor vehicles or motor vehicle         and/or installation of vehicle engines,      primarily on a farm or ranch to remove
engine emission control systems. The        catalytic converters, or other emission      or make inoperable the farm vehicles air
EPA is taking final disapproval action      control components; (3) prohibits            pollution control system or device used
because the State’s antitampering rules     leasing, sale, or offer to sale motor        to control emissions from the farm
are not consistent with the Clean Air       vehicles that have tampered emission         vehicle. This exemption is contrary to
Act (the Act), section 203(a)(3) and        control equipment; (4) and finally,          section 203(a)(3)(A) of the Act and EPA
EPA’s tampering prohibition as outlined     establishes sign posting requirements        tampering prohibition as outlined in
in EPA’s antitampering Enforcement          for prohibitions.                            Memorandum No. 1A. Section 114.5(c)
Policy, Mobile Source Enforcement              Section 114.5 exempts from the            allows exclusion from tampering laws
Memorandum No. 1A.                          provisions of 114.1: (1) Dual-fuel           by petition to the State for danger to
EFFECTIVE DATE: This action is effective    conversions specified by the                 person or property. The EPA has never
as of March 12, 1998.                       Department of Public Safety (DPS); (2)       recognized any circumstances that merit
                                            vehicles belonging to persons being          removal of a catalytic converter or other
FOR FURTHER INFORMATION CONTACT: Mr.
                                            transferred to a foreign country and         emissions controls because of a fire
Paul Scoggins, Air Planning Section
                                            specifies associated documentation           hazard or other problem. Again, this is
(6PD–L), EPA Region 6, 1445 Ross            requirements; (3) sales or offers for sale
Avenue, Dallas, Texas 75202–2733,                                                        contrary to the Act and EPA tampering
                                            motor vehicles for wholesale transaction     prohibition. In addition, section
telephone (214) 665–7354 or via E-mail      and for sales or trade-ins from an
at scoggins.paul@epamail.epa.gov.                                                        114.1(b)(3) references a deleted section
                                            individual to a vehicle dealer; (4)          and section 114.1(e) allows dispensing
SUPPLEMENTARY INFORMATION:                  Federal, State and local agencies that       of leaded gasoline if properly labeled.
I. Background                               sell abandoned, confiscated, or seized       The Act banned the dispensing of
                                            vehicles and vehicle auction facilities if   leaded gasoline on January 1, 1996.
   This document announces EPA’s final      specific conditions are satisfied.
action regarding disapproval of three                                                       These inconsistencies and the basis of
                                               The State revision, received
revisions that relate to Statewide                                                       EPA’s action were published as a
                                            September 9, 1990, to section 114.5
antitampering provisions and                                                             proposed disapproval action on
                                            exempts all dealer transactions that do
exceptions to antitampering provisions                                                   September 12, 1997, in the Federal
                                            not result in the sale of a tampered
for motor vehicles or motor vehicle         vehicle to an individual for operation on    Register (62 FR 48033). No comments
engine emission control systems. On         a public highway.                            were received during the public
February 24, 1989, September 6, 1990,          The State revision, received on July      comment period.
and July 13, 1993, EPA received             13, 1993, made the following changes.           Texas’ statewide tampering
revisions to the Texas SIP for changes to   Section 114.1 addresses the replacement      prohibitions are part of the state SIP but
Regulation IV, 30 TAC Chapter 114,          or installation of aftermarket alternative   are not required under section 179(a) of
sections 114.1 and 114.5, 114.5, and        fuel conversions equipment and any           the Act. Even though there is a federal
114.1 and 114.5 respectively. In their      other system or device relating to           law which provides for EPA
regulations, Texas adopted specific         emissions, safety concerns and               enforcement, many states do have such
measures restricting emission control       antitampering. Section 114.5 specifies       rules and use them successfully as
equipment removal/modifications             conditions for granting motor vehicle        enforcement tools for resolutions of
(antitampering) and exempting or            and motor vehicle engine exclusions          consumer complaints involving
providing exclusions for vehicles from      from the provisions of section 114.1,        tampered vehicles, deterrence of
antitampering requirements.                 deletes original text in section 114.5(c)    tampering, deterrence of selling
   The Federal tampering prohibition for    to improve consistency with section          tampered vehicles, and enforcement of
emission control equipment for motor        114.1, and redesignates original             tampering violations. Federal law in
vehicles and motor vehicle engines is       paragraphs. For further discussion,          section 203(a) of the Act, which
contained in section 203(a)(3) of the       please refer to the proposal for this        prohibits tampering, will continue to be
Act, 42 U.S.C. 7522(a)(3). Section          action (62 FR 48033, September 12,           in effect. Since State tampering rules are
203(a)(3)(A) of the Act prohibits ‘‘any     1997).                                       not required by the Act, this final
person from removing or rendering                                                        disapproval action does not impose
inoperative any emission control device     II. Final Action                             sanctions for failure to meet Act
or element of design installed on or in        The EPA is taking final disapproval       requirements.
a motor vehicle or motor vehicle engine     action on Texas SIP revisions for Texas         Nothing in this action should be
prior to its sale and delivery to an        Regulation IV, 30 TAC Chapter 114,           construed as permitting or allowing or
ultimate purchaser’’ and prohibits ‘‘any    sections 114.1 and 114.5, based on the       establishing a precedent for any future
person from knowingly removing or           following inconsistencies with the           request for revision to any State
rendering inoperative any such device       Clean Air Act and EPA’s tampering            Implementation Plan. Each request for
or element of design after such sale and    prohibition. Section 114.1(b)(4) allows      revision to the State Implementation
delivery to the ultimate purchaser.’’       replacement or installation of any           Plan shall be considered separately in
Mobile Source Enforcement                   system or device (other than catalytic       light of specific technical, economic,
Memorandum No. 1A, dated June 25,           converters, engines and the conversion       and environmental factors and in
1974, provides guidance on what is a        of the vehicle to alternative fuels, which   relation to relevant statutory and
violation of section 203(a)(3).             are handled under separate subsections)      regulatory requirements.
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                           6653

III. Administrative Requirements             additional costs to State, local, or tribal   Motor Vehicles’’ and 114.5 ‘‘Exclusions
                                             governments, or to the private sector,        and Exceptions’’ on February 24, 1989,
A. Executive Order (E.O.) 12866
                                             result from this action.                      and September 6, 1990, and July 13,
   The Office of Management and Budget                                                     1993. The EPA disapproved these
has exempted this regulatory action          D. Submission to Congress and the
                                                                                           revisions that relate to Statewide
from E.O. 12866 review.                      General Accounting Office
                                                                                           antitampering provisions and
B. Regulatory Flexibility Act                  Under 5 U.S.C. 801(a)(1)(A) as added        exemptions to antitampering provisions
                                             by the small business Regulatory              for motor vehicles or motor vehicle
   Under the Regulatory Flexibility Act,     Enforcement Fairness Act of 1996, EPA         engine emission control systems
5 U.S.C. 600 et seq., EPA must prepare       submitted a report containing this rule       because the State’s antitampering rules
a regulatory flexibility analysis            and the other required information to         are not consistent with the Act, section
assessing the impact of any proposed or      the U.S. Senate, the U.S. House of            203(a)(3) and EPA’s tampering
final rule on small entities. See 5 U.S.C.   Representatives and the Comptroller           prohibition as outlined in EPA’s
603 and 604. Alternatively, EPA may          General of the General Accounting             antitampering enforcement policy,
certify that the rule will not have a        Office prior to publication of this rule in   Mobile Source Enforcement
significant impact on a substantial          today’s Federal Register. This rule is        Memorandum No. 1A.
number of small entities. Small entities     not a ‘‘major rule’’ as defined by 5
include small businesses, small not-for-                                                   [FR Doc. 98–3175 Filed 2–9–98; 8:45 am]
                                             U.S.C. section 804(2).
profit enterprises, and government                                                         BILLING CODE 6560–50–P
entities with jurisdiction over              E. Petitions for Judicial Review
populations of less than 50,000.                Under section 307(b)(1) of the Act,
   The EPA’s disapproval action of the       petitions for judicial review of this         ENVIRONMENTAL PROTECTION
State request under section 110 and          action must be filed in the United States     AGENCY
subchapter I, part D of the Act does not     Courts of Appeals for the appropriate
affect any existing requirements                                                           40 CFR Part 52
                                             circuit by April 13, 1998. Filing a
applicable to small entities. Any            petition for reconsideration by the           [AZ 071–009; FRL–5957–4]
preexisting Federal requirements remain      Administrator of this final rule does not
in place after this final disapproval.       affect the finality of this rule for the      Approval and Promulgation of State
Federal disapproval of the State             purpose of judicial review nor does it        Implementation Plans; Arizona—
submittal does not affect its State-         extend the time within which a petition       Maricopa County Ozone and PM10
enforceability. Moreover, EPA’s final        for judicial review may be filed, and         Nonattainment Areas
disapproval of the submittal does not        shall not postpone the effectiveness of       AGENCY:  Environmental Protection
impose any new Federal requirements.         such rule or action. This action may not      Agency (EPA).
Therefore, EPA certifies that this final     be challenged later in proceedings to
disapproval action does not have a                                                         ACTION: Final rule.
                                             enforce its requirements. See section
significant impact on a substantial          307(b)(2) of the Act.                         SUMMARY:   EPA is taking final action
number of small entities because it does                                                   approving a State Implementation Plan
not remove existing requirements and         List of Subjects in 40 CFR Part 52
                                                                                           (SIP) revision submitted by the State of
impose any new Federal requirements.           Environmental protection, Air               Arizona on September 15, 1997,
C. Unfunded Mandates                         pollution control, Carbon monoxide,           establishing Cleaner Burning Gasoline
                                             Hydrocarbons, Intergovernmental               (CBG) fuel requirements for gasoline
   Under section 202 of the Unfunded         relations, Nitrogen dioxide, Ozone,
Mandates Reform Act of 1995, signed                                                        distributed in the Phoenix (Maricopa
                                             Reporting and recordkeeping                   County) ozone nonattainment area.
into law on March 22, 1995, EPA must         requirements.
prepare a budgetary impact statement to                                                    Arizona has developed these fuel
accompany any proposed or final rule           Dated: January 26, 1998.                    requirements to reduce emissions of
that includes a Federal mandate that         Jerry Clifford,                               volatile organic compounds (VOC) and
may result in estimated costs to State,      Acting Regional Administrator, Region VI.     particulates (PM10) in accordance with
local, or tribal governments in the                                                        the requirements of the Clean Air Act
                                               Chapter I, title 40, of the Code of
aggregate; or to private sector, of $100                                                   (CAA). EPA is approving Arizona’s fuel
                                             Federal Regulations is amended as
million or more. Under section 205,                                                        requirements into the Arizona SIP
                                             follows:
EPA must select the most cost-effective                                                    because either they are not preempted
and least burdensome alternative that        PART 52—[AMENDED]                             by federal fuels requirements, or to the
achieves the objectives of the rule and                                                    extent that they are or may be
                                               1. The authority citation for part 52       preempted, EPA finds that the
is consistent with statutory
                                             continues to read as follows:                 requirements are necessary for the
requirements. Section 203 requires EPA
to establish a plan for informing and          Authority: 42 U.S.C. 7401 et seq.           Maricopa area to attain the national
advising any small governments that                                                        ambient air quality standards (NAAQS)
may be significantly or uniquely             Subpart SS—Texas                              for ozone and particulates. EPA intends
impacted by the rule.                                                                      to publish a separate document in the
                                               2. Section 52.2311 is added to read as      Federal Register approving Arizona’s
   The EPA has determined that this          follows:
final disapproval action does not                                                          opt-out from the federal reformulated
include a Federal mandate that may           § 52.2311   Motor vehicle antitampering.      gasoline (RFG) program to be effective
result in estimated costs of $100 million      The State of Texas submitted                90 days from the effective date of this
or more to either State, local, or tribal    revisions to the State Implementation         EPA final action.
governments in the aggregate, or to the      Plan for 30 TAC Chapter 114, sections         DATES: This final rule is effective on
private sector. This Federal final           114.1 ‘‘Maintenance and Operation of          March 12, 1998.
disapproval action imposes no new            Air Pollution Control Systems or              ADDRESSES: Copies of the SIP revision
requirements. Accordingly, no                Devices Used to Control Emissions from        and EPA’s proposed and final
6654            Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

rulemakings are available for public                 Detailed discussions of the issues                  requested that EPA approve the CBG
inspection at EPA’s Region IX office               relating to federal preemption and the                Interim Rule as a revision to the Arizona
during normal business hours. Copies of            necessity finding are discussed more                  SIP based in part on a waiver of
the submitted rule revisions are                   fully in the proposal for this final rule             preemption under CAA section
available for inspection at the following          (62 FR 61942 (November 20, 1997)) and                 211(c)(4)(C). To allow the Arizona CBG
locations:                                         in section III below.                                 program to substitute for the federal
  Planning Office (AIR–2), Air Division,                                                                 RFG program, on September 15, 1997,
                                                   II. Background
U.S. Environmental Protection Agency,                                                                    the State also submitted a separate letter
Region IX, 75 Hawthorne Street, San                   Under the Clean Air Act Amendments                 to Administrator Browner, requesting to
Francisco, CA 94105.                               of 1990, the Phoenix area was classified              opt out of the federal RFG program,
  Arizona Department of Environmental              as a moderate nonattainment area for                  effective June 1, 1998, contingent upon
Quality, Office of Outreach and                    both ozone and PM10. The moderate                     EPA approval of the Arizona SIP
Information, First Floor, 3033 N. Central          ozone attainment deadline was                         revision and the associated waiver
Avenue, Phoenix Arizona 85012.                     November 15, 1996; the moderate PM10                  request. Upon publication of this final
  A copy of this notice is also available          attainment deadline was December 31,                  approval of CBG Interim Rule, EPA will
on EPA Region IX’s website at http://              1994. In 1997, the Phoenix area was                   publish a notice in the Federal Register
www.epa.gov/region09.                              reclassified as serious for ozone with an             approving Arizona’s opt-out from the
                                                   attainment deadline of no later than                  federal RFG program.
FOR FURTHER INFORMATION CONTACT:                   November 15, 1999. In 1996, the                          For a more detailed discussion of the
Karina O’Connor, Air Planning Office,              Phoenix area was reclassified as serious              CBG program and EPA’s evaluation of it,
AIR–2, Air Division, U.S.                          for PM10 with an attainment deadline of               and the history of fuels regulation in
Environmental Protection Agency,                   no later than December 31, 2001.1                     Arizona, see EPA’s proposed approval at
Region IX, 75 Hawthorne Street, San                   On January 17, 1997, Governor                      62 FR 61942.
Francisco, CA 94105, Telephone: (415)              Symington applied to EPA to include
744–1247.                                          the Maricopa County ozone                             III. Summary of Proposal
SUPPLEMENTARY INFORMATION:                         nonattainment area in the federal                     A. Arizona CBG Fuel Program
                                                   reformulated gasoline (RFG) program
I. Clean Air Act Requirements                                                                               The State CBG fuel program for the
                                                   and the State submitted section 13 of
                                                                                                         Maricopa area establishes limits on
  In determining the approvability of a            HB 2001 to EPA as a SIP revision on
                                                                                                         gasoline properties and gasoline
SIP revision, EPA must evaluate the SIP            April 29, 1997. Because this State fuel
                                                                                                         emission standards which will reduce
revision for consistency with the                  requirement established a control on
                                                                                                         emissions of volatile organic
requirements of the CAA and EPA                    Reid Vapor Pressure (RVP) of 7.0 psi,
                                                                                                         compounds (VOCs), oxides of nitrogen
regulations, as found in section 110 and           not identical to the federal fuel RVP
                                                                                                         (NOX), carbon monoxide (CO) and
part D of the CAA and 40 CFR part 51               requirements adopted under section
                                                                                                         particulates (PM). Under the program, a
(Requirements for Preparation,                     211(c)(1) authority applicable to the area
                                                                                                         variety of different fuels will be able to
Adoption, and Submittal of                         (i.e., federal conventional gasoline RVP
                                                                                                         meet the fuel standards during different
Implementation Plans).                             limit of 7.8 psi, federal phase I RFG RVP
                                                                                                         implementation periods. These
  For SIP revisions addressing certain             limit of 7.2 psi or federal phase II
                                                                                                         emissions reductions will help the
fuel measures, an additional statutory             volatility limit of 7.8 psi), Arizona’s fuel
                                                                                                         Maricopa area attain the NAAQS for
requirement applies. CAA section                   requirement was preempted under
                                                                                                         both ozone and particulates.
211(c)(4)(A) prohibits state regulation            section 211(c)(4)(A) of the CAA. EPA                     On November 22, 1997, EPA proposed
respecting a fuel characteristic or                approved Governor Symington’s request                 to approve the CBG SIP revision
component for which EPA has adopted                to opt in to the federal RFG program on               submitted by the State of Arizona for the
a control or prohibition under section             June 3, 1997. 62 FR 30260. EPA also                   Phoenix ozone and PM10 nonattainment
211(c)(1), unless the state control is             published a direct final approval of                  areas under section 110(k)(3) of the CAA
identical to the federal control. Section          Arizona’s low RVP SIP revision on June                as meeting the requirements of section
211(c)(4)(C) provides an exception to              11, 1997. 62 FR 31734. In approving the               110(a) and part D. The proposed
this preemption if EPA approves the                RVP SIP revision, EPA found under                     approval was based upon the finding
state requirements in a SIP. Section               section 211(c)(4)(C) that the State’s fuel            that the CBG SIP revision was consistent
211(c)(4)(C) states that the                       requirement is necessary for the                      with the CAA and EPA regulations and
Administrator may approve preempted                Maricopa area to attain the NAAQS for                 that the various CBG requirements are
state fuel standards in a SIP:                     ozone.                                                either not preempted by federal fuel
. . . only if [s]he finds that the State control      The State also enacted HB 2307 which
                                                                                                         requirements or are necessary for the
or prohibition is necessary to achieve the         authorized the establishment of a more
                                                                                                         Phoenix nonattainment area to attain
national primary or secondary ambient air          stringent State reformulated gasoline
                                                                                                         the ozone and PM10 NAAQS. Issues
quality standard which the plan implements.        program.2
                                                      In a September 12, 1997, letter,                   relating to federal preemption and the
The Administrator may find that a State
control or prohibition is necessary to achieve     Russell Rhoades, Director, ADEQ,                      necessity finding are discussed further
that standard if no other measures that would                                                            below. See also 62 FR 61942.
bring about timely attainment exist, or if            1 See 56 FR 56694 (November 6, 1991), CAA
                                                                                                         B. Section 211(c)(4)
other measures exist and are technically           Sections 181(a)(1) and 188(c)(1), 62 FR 60001
possible to implement, but are unreasonable        (November 6, 1997) and CAA Section 181(a)(1), 61      1. Federal Preemption
or impracticable.                                  FR 21372 (May 10, 1996) and CAA Section
                                                   188(c)(2).                                               As discussed above, CAA section
EPA’s August 1997 Guidance on Use of                  2 The State reformulated gasoline rules are        211(c)(4)(A) preempts certain state fuel
Opt-in to RFG and Low RVP                          codified in the ARS as section 41–2124. Section 41–   regulations by prohibiting a state from
Requirements in Ozone SIPs gives                   2123 of HB 2307 also contains wintertime              prescribing or attempting to enforce any
                                                   oxygenate requirements for fuels. The bill changed
further guidance on what EPA is likely             the effective dates of the oxygenate requirements
                                                                                                         control or prohibition respecting any
to consider in making a finding of                 from October 15 to November 15 through March 31       characteristic or component of a fuel or
necessity.                                         of each year.                                         fuel additive for the purposes of motor
                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                     6655

vehicle emission control, if the                       contain a NOX performance standard, so      content standard; or oxygen, T50, T90,
Administrator has prescribed under                     the CBG NOX performance standard is         and aromatic HC requirements (under
section 211(c)(1), a control or                        preempted. The CBG Interim Rule             CBG Type 2 gasoline) 7. Federal
prohibition applicable to such                         would allow refiners to meet the            conventional gasoline requirements do
characteristic or component of the fuel                requirements for Type 2 gasoline in lieu    not include a VOC or HC performance
or fuel additive, unless the state                     of the requirements for CBG Type 1 or       standard or controls on these specific
prohibition is identical to the                        3 gasoline. Whether the specifications      parameters. However, refiners are
prohibition or control prescribed by the               for CBG Type 2 are preempted is less        required to meet summertime volatility
Administrator.                                         clear. The CBG Type 2 specifications        limits, and are required to use an
   The CBG Interim Rule establishes                    include performance standards for NOX       emissions performance model that
three types of gasoline standards. For                 and requirements for the fuel               determines VOC performance based in
1998, the requirements for CBG Types 2                 parameters sulfur, olefins and aromatic     part on the same fuel parameters as
and 3 gasoline 3 apply. In addition, all               HCs. The federal conventional gasoline      those used in the CBG Interim Rule. In
Arizona CBG must meet specified fuel                   standards do not include requirements       this rulemaking, EPA does not need to
property limits for that year.4 For 1999               for these specific parameters. However,     determine whether these types of state
and beyond, the requirements for CBG                   refiners are required to use an emissions   fuel requirements are preempted under
Types 1 and 2 gasoline would apply. In                 performance model that determines           section 211(c)(4)(A) if EPA finds that
addition, all Arizona CBG would have                   NOX performance based in part on these      these fuel requirements are necessary
to meet the fuel property limits                       fuel parameters.                            for the Phoenix nonattainment area to
specified for that time period.5 These                    As stated in the proposal, in this       meet the ozone NAAQS. Of course, if
proposed types of gasoline include                     rulemaking, EPA does not need to            these requirements are not preempted,
performance standards as well as                       determine whether these types of State      there is no bar to approving them as a
requirements for specific fuel                         fuel requirements are preempted under       SIP revision. If they are preempted,
parameters. EPA’s analysis in the                      section 211(c)(4)(A) prior to acting on     section 211(c)(4)(C) would allow EPA to
proposal of preemption addressed the                   the proposed revision to the Arizona        approve each requirement in a SIP if
following standards in the CBG Interim                 SIP. If the sulfur, olefins and aromatic    EPA determines that such controls are
Rule: performance standard for NOX                     HC requirements are not preempted,          necessary to achieve the NAAQS that
(under gasoline Types 1, 2, and 3);                    there is no bar to EPA approving them       the SIP implements.
parameter specifications for sulfur,                   as a SIP revision. If they are preempted,      Each type of CBG gasoline would
olefins, and aromatic HC (under                        section 211(c)(4)(C) would allow EPA to     reduce VOC emissions. Under Type 1 or
gasoline Type 2); performance standard                 approve each requirement in a SIP if        3 CBG, refiners would obtain VOC
for VOC (under gasoline Types 1 and 3);                EPA determines that such controls are       reductions through a VOC performance
parameter specification for oxygen                     necessary to achieve the NAAQS that         standard and oxygen content standard,
content (under gasoline Types 1 and 3);                the SIP implements. EPA can approve         and under Type 2 CBG, refiners would
performance standard for HC (under                     such a State SIP provision as necessary     obtain comparable VOC reductions
Type 2); and parameter specifications                  if it finds that no other measures that     through either a HC performance
for oxygen, aromatic HC, T50, and T90                  would bring about timely attainment         standard and oxygen content standard;
(under gasoline Type 2).6                              exist, or that other measures exist but     or through oxygen, T50, T90, and
   To determine whether a state fuel                   are unreasonable or impracticable.          aromatic HC requirements. If EPA finds
requirement is preempted by a federal                  Thus, if a State shows that the             the VOC reductions produced by the
requirement, EPA compares the                          reductions that would be produced by        VOC performance standard and oxygen
applicable federal fuel requirements in                the State’s NOX performance standard        content standard under CBG Types 1
the area with the proposed state fuel                  are necessary under section 211(c)(4)(C)    and 3 to be necessary, then the
requirements. For the purposes of this                 to achieve a NAAQS, EPA could               comparable reductions produced by
analysis, the federal fuel requirement in              approve the NOX performance standard        either of the alternatives of CBG Type 2
the Phoenix ozone nonattainment area                   as a SIP revision. Under Type 1 or 3        gasoline would also be necessary. Thus,
is federal conventional gasoline. While                CBG, refiners would obtain NOX              based on EPA’s finding, discussed in the
Arizona has opted into the federal RFG                 reductions through a NOX performance        proposal and below, that VOC
program for the 1997 season, the State                 standard, and under Type 2 CBG,             reductions are necessary under section
has requested to opt out of the program                refiners would obtain comparable NOX        211(c)(4)(C), EPA proposed to approve
before the State CBG requirements                      reductions through sulfur, olefins and      the HC performance standard; and the
would apply. Once the State has opted                  aromatic HC requirements. If EPA finds      oxygen, T50, T90, and aromatic HC
out of the federal RFG program, the                    the NOX reductions produced by the          requirements as well.
applicable federal requirements would                  NOX performance standard under CBG             Arizona has already demonstrated
be those for conventional gasoline. The                Types 1 and 3 to be necessary, then the     that its 7.0 psi RVP requirement is
federal requirements for conventional                  comparable reductions produced by the       necessary under section 211(c)(4)(C) to
gasoline include a NOX performance                     alternative of CBG Type 2 gasoline          meet the ozone NAAQS in the Phoenix
standard. CBG Types 1 and 3 also                       would also be necessary. Thus, based on     area.8 Compliance with either the VOC
                                                       EPA’s finding, discussed below and in       performance standard and oxygen
   3 Under the CBG program, a variety of different
                                                       the proposal, that NOX reductions are       content standard; or the HC
fuels will be able to meet the fuel standards during   necessary under section 211(c)(4)(C),
different implementation periods. The fuel types,                                                  performance standard and the oxygen
designations and implementation schedule are           EPA proposed to approve the sulfur,         standard; or the oxygen, T50, T90, and
described in the proposal at 62 FR 61942–64923.        olefins and aromatic HC requirements as     aromatic HC requirements would
   4 AAC R20–2–751.01.A.                               well.
                                                                                                   produce some additional VOC
   5 AAC R20–2–751.A.
                                                          The CBG Interim Rule also requires
   6 The CBG Type 2 gasoline allows refiners to
                                                       refiners to meet a VOC performance            7 Under gasoline Type 2 using the Predictive
comply with a group of fuel parameter
specifications or to meet performance standards
                                                       standard and oxygen content standard        model, refiners are required to meet the oxygen
using the Predictive Model and set individual          (under CBG Types 1 and 3 gasoline); or      content standard only during the winter months.
alternative fuel parameter specifications.             a HC performance standard and oxygen          8 See 62 FR 31734 (June 11, 1997).
6656          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

reductions beyond those produced by         necessary to meet the ozone NAAQS,          attainment of the PM10 standard, and
the 7.0 psi RVP requirement. As with        EPA must consider whether there are         EPA is approving them as a revision to
the NOX performance standard and the        other reasonable and practicable non-       the Arizona SIP for the Phoenix PM10
alternative fuel parameter requirements     fuel measures available to produce the      nonattainment area.9
discussed above, refiners would obtain      needed emission reductions for ozone           Comment: One commenter argued
comparable VOC reductions through           control.                                    that the April 1—October 31
either the VOC performance standard                                                     (‘‘summertime’’) minimum oxygen
                                            IV. Response to Public Comments on          requirement for the RFG-type fuel (CBG
and oxygen content standard; the HC
                                            the Proposal                                types 1 and 3 gasoline) should not be
performance standard and the oxygen
content standard, or the oxygen, T50,          EPA received four comment letters in     approved as part of the CBG regulations.
T90, and aromatic HC requirements.          response to its November 22, 1997           The commenter stated that the federal
Thus, if EPA finds the VOC reductions       proposal. Comments were received from       conventional gasoline requirements do
produced by the VOC performance             the Arizona Department of                   not include a summertime oxygen
standard and oxygen content standard        Environmental Quality and three             requirement, so the State of Arizona is
under CBG Type 1 and 3 gasoline to be       gasoline marketers in Maricopa County:      preempted from a summertime oxygen
necessary, then the comparable              Chevron Products Company, Mobil Oil         content standard. The commenter added
emissions reductions produced by the        Corporation, and Stancil & Co.              that if the State were preempted, the
alternative of CBG Type 2 gasoline          representing Navajo Refining Company.       State must make the necessity showing
would also be necessary. EPA proposed       EPA wishes to express its appreciation      for a waiver under section 211(c)(4)(C).
to approve the VOC performance              to each of these individuals and               Response: As stated above, EPA
standard; the HC performance standard       organizations for taking the time to        believes it does not need to address in
and the oxygen content standard; and        comment on the proposal. All of the         today’s action whether a State
the oxygen, T50, T90, and aromatic HC       commenters supported approval of the        requirement for oxygen is preempted
requirements because either they are not    CBG SIP revision, however two of the        under section 211(c)(4)(A). If the
preempted under section 211(c)(4)(C) or     commenters also raised technical            standard is not preempted, there is no
to the extent that they are or may be       concerns to which EPA responds below.       bar to EPA approving it in the SIP
preempted, EPA proposed, as discussed          Comment: One commenter, while            revision. If the State meets the
below, that they are necessary and          urging EPA to approve the SIP revision,     requirement under section 211(c)(4)(C)
hence approvable under section              indicated that they disagreed with the      by showing that the requirement is
211(c)(4)(C).                               CBG rule being portrayed as an              necessary to meet the ozone NAAQS,
                                            important control measure for PM10 in       EPA does not need to address whether
2. Finding of Necessity                     the proposed rulemaking. The                a summertime oxygen requirement is
   EPA proposed to find that the CBG        commenter noted that the emission           preempted. If the State demonstrates
NOX performance standards and the           reductions associated with the NOX          that it needs a quantity of VOC
sulfur, olefins and aromatic HC             performance standard are small in           reductions during the ozone season to
requirements are necessary for the          comparison to the total amount of the       reach attainment, that there are no other
Phoenix PM10 nonattainment area to          PM10 inventory.                             reasonable and practicable measures
meet the PM10 NAAQS; and that the              Response: EPA agrees with the            available to produce all of those
CBG VOC performance standard and            commenter that the associated               reductions, and that the fuel (Type 1
oxygen content standard; the HC             particulate emission reductions are only    and Type 3 CBG gasoline requirements
performance standard and the oxygen         a small part of the entire inventory.       for VOC performance standard and
content standard; and the oxygen, T50,      However, for the purposes of finding        oxygen content standard) will produce
T90, and aromatic HC requirements are       necessity under section 211(c)(4)(C), the   additional VOC reductions during the
necessary for the Phoenix ozone             CAA does not impose a legal criterion       ozone season, the State has shown
nonattainment area to meet the ozone        for approval of a measure that depends      necessity for the fuel requirement. EPA
NAAQS.                                      on the magnitude of reductions that the     finds that Arizona has made this
   In the proposal, EPA explained its       measure would achieve, and it is not        showing, as discussed elsewhere in this
reasoning that to make a determination      critical whether the emission reductions    notice and the proposal at 62 FR 61942.
that the CBG requirements are               associated with the measure are large or       In addition, EPA notes that the
necessary, it must consider whether         small. Rather, section 211(c)(4)(C)         commenter is not accurate in stating
there are other reasonable and              focuses on whether there are other          that because the federal conventional
practicable measures available that         measures available that would achieve       gasoline requirements do not include a
would produce sufficient emissions          attainment of a NAAQS. As described in      summertime oxygen content
reductions to attain the ozone and PM10     the proposal for this final rule (62 FR     requirement the State is preempted from
standards without implementation of         61942, 61946), the information              adopting such a requirement. A state is
the CBG requirements. In considering        submitted by ADEQ indicates that even       preempted from adopting a control or
other measures for the purpose of           with implementation of all measures         prohibition respecting a fuel
demonstrating necessity under section       that are reasonable and practicable in      characteristic or component where EPA
211(c)(4)(C), EPA agreed in the proposal    light of the availability of the fuel       has prescribed under section 211(c)(1) a
that Arizona need not submit an             control, the state cannot fill the          control or prohibition applicable to such
evaluation of alternative fuels measures.   projected shortfall in emission             characteristic or component, unless the
See the proposed approval of the CBG        reductions needed for attainment of the     state control or prohibition is identical
SIP revision at 62 FR 61942 and the         PM10 NAAQS. Also, while the effect of       to the federal control or prohibition.
response to comments below for a more       the NOX performance standard on PM10        Thus, where there is no federal control
detailed discussion of this issue. Thus,    levels is small, the NOX performance
to determine whether the State gasoline     standard will reduce PM10. Hence, EPA         9 In its September 12, 1997 letter, ADEQ

VOC performance standards (and the          is today finding that the NOX               submitted the CBG Interim Rule as a revision to the
                                                                                        Arizona ozone SIP only. However, on January 21,
HC performance standards; and the           performance standards in the CBG            1998 the State also submitted the rule as a revision
oxygen, T50 and T90 requirements) are       requirements are necessary for              to the Arizona PM10 SIP.
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                             6657

or prohibition on a fuel characteristic or   guess the State’s choice of this                       indicates that a large reduction in ozone
component, a state is not preempted          particular fuel control by inquiring                   precursors is needed to attain the ozone
from adopting regulations respecting         whether the State could have limited                   standard. Previous modeling analysis of
that characteristic or component. As         the oxygen content standard to the                     a full I/M 240 program indicates that the
noted above, EPA has not determined          winter season rather than applying it                  associated emission reductions,
whether the Arizona fuel requirement is      year-round. Essentially, the commenter                 combined with all other reasonable and
preempted under this provision.              is suggesting that a wintertime oxygen                 practicable measures are significantly
   Comment: This commenter further           content requirement is a reasonable and                below this amount. The current
argued that the CBG summertime               practicable alternative control measure                proposed I/M program includes an
oxygen requirement is both                   and that EPA should evaluate that                      alternative test cycle which will result
unreasonable and impracticable and           measure before concluding that there                   in improved throughput of the I/M 240
therefore not necessary to meet the          are not sufficient reasonable and                      test. EPA has informally given the
ozone NAAQS. The commenter argued            practicable other control measures                     alternative program conditional
that the intent of the Clean Air Act is      available to achieve the NAAQS. As                     approval. We anticipate, that with the
that all non-fuel measures with similar      discussed in the proposal, EPA                         collection of additional data during the
or lesser cost effectiveness must be         interprets the reference to other                      summer of 1998, that the program will
implemented prior to fuel control            measures that must be evaluated as                     be granted full approval.
measures. The commenter asserted that        generally not encompassing other state                    Regarding stationary measures, the
the State had failed to address the cost-    fuels measures. The Agency believes                    State has provided additional
effectiveness or justification of this       that the Act does not call for a                       preliminary modeling 11 that indicates
measure versus other non-fuel control        comparison between state fuels                         that Phoenix needs to achieve
measures not implemented, such as            measures to determine which measures                   sustaintial percent reductions in both
controls on stationary sources and full      are unreasonable or impracticable, but                 VOCs and NOX in order to reach
implementation of an inspection and          rather section 211(c)(4) is intended to                attainment in 1999, the attainment
maintenance program for vehicles.            ensure that a state resorts to a fuel                  deadline for serious areas. The State
   Response: Section 211(c)(4)(C)            measure only if there are no available                 believes that even if it implements all
provides that EPA can approve an             practicable and reasonable non-fuels                   possible stationary source requirements
otherwise preempted state fuel control       measures. This interpretation minimizes                (in addition to those stationary source
only if there are no other reasonable and    the burden on the oil industry of                      measures currently in place), it will still
practicable measures available to            different state fuel measures where non-               need additional reductions to achieve
achieve the NAAQS. Thus, EPA is              fuel measures are available, and thereby               these reductions and reach attainment.
directed to consider not whether the         satisfies one of the underlying purposes               For example, the REOP modeling
state fuel control at issue is reasonable    of section 211(c)(4), but where the state              analysis indicates that stationary point
and practicable, but whether other           must turn to a fuel measure, it gives the              source emissions contribute only 4.5
control measures are reasonable and          state flexibility to choose whatever                   percent and stationary area source
practicable. If the state fuel control did   particular fuel measure best suits its                 emissions contribute only 20 percent of
not reduce emissions, EPA could not          needs. Under this interpretation, EPA                  the total VOC emission inventory in
find it necessary to achieve a NAAQS,        retains the ability not to approve a state             1999. Stationary point sources
but the CAA does not otherwise direct        fuel measure that is grossly over-                     contribute 7 percent and stationary area
EPA to assess the reasonableness and         burdensome, however, because the state                 source contribute 3.6 percent of the total
practicability of the state’s chosen         must show that whatever fuel measure                   NOX emissions in 1999. Based on all the
control measure. EPA believes that in        it selects is necessary to achieve needed              evidence available, even with the
determining whether other ozone              emissions reductions. Thus, in                         elimination of all of these stationary
control measures are unreasonable or         demonstrating that measures other than                 source emissions (which is not
impracticable, reasonableness and            requiring CBG gasoline are unreasonable                technically feasible), substantial
practicability should be determined in       or impracticable, Arizona need not                     additional emission reductions above 25
comparison to the fuel measure that the      address the reasonableness or                          percent will be needed to reach
state is proposing to adopt. This is not     practicability of other possible state fuel            attainment by 1999.
an abstract consideration of whether the     measures, such as a wintertime only                       Comment: One commenter stated that
other measures are reasonable or             oxygen content standard.                               ADEQ used a flawed analysis in its
practicable, but rather a consideration of      Arizona must still demonstrate that its             attempt to show that non-winter
whether it would be reasonable or            chosen fuel control measure achieves                   minimum-oxygen control is necessary
practicable to require such other            emissions reductions necessary for                     for ozone attainment by calculation of
measures in light of the potential           attainment of a NAAQS, which is                        an ‘‘equivalent’’ VOC impact. The
availability of the preempted state fuel     discussed below and in the proposal.                   commenter argues that ADEQ’s
control. Thus, the relative cost-               With regard to the other measures                   inaccurate analysis resulted in an
effectiveness of other control measures      identified by the commenter, Arizona                   overstatement of the VOC emissions
would be one factor that EPA would           believes its I/M program is as stringent               impact of a non-winter oxygen content
consider in determining whether they         as possible. EPA has been working with                 control.
are reasonable and practicable, but it       ADEQ over the last year to improve its                    Response: EPA believes that this
would not necessarily be the only or         I/M program due to problems with                       commenter is referencing ADEQ’s
deciding factor. See EPA’s August 1997       preconditioning. As discussed further
‘‘Guidance on Use of Opt-in to RFG and       below, current modeling 10 by ADEQ                     included in that analysis on ozone values was 4.4
Low RVP Requirements in Ozone SIPs’’                                                                precent, significantly below the 23 percent needed
for further guidance on what EPA                10 Arizona completed the Reanalysis of the          to reach attainment. Additional analysis of this
                                             Metropolitan Phoenix Voluntary Early Ozone Plan        modeling was completed in November of 1997,
considers in making a finding of                                                                    indicating that emission reductions of ozone
                                             (REOP) modeling analysis in October of 1997. This
necessity.                                   modeling analysis indicated that a 23 percent          precursors of at least 70 percent are needed to attain
   Moreover, EPA does not believe it is      reduction in ozone values was needed to reach          the one-hour ozone standard.
appropriate or necessary to second           attainment. The total impact of all control measures     11 See footnote 10
6658            Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

discussion and analysis regarding the               some additional VOC reductions beyond        entities. Small entities include small
relationship between carbon monoxide                those produced by the 7.0 psi RVP            businesses, small not-for-profit
(CO) reductions and VOC reductions.                 requirement. ADEQ’s modeling shows           enterprises, and government entities
ADEQ stated in its SIP submittal that               that federal RFG would provide               with jurisdiction over populations of
one comment regarding Arizona’s                     additional reductions of 8 percent over      less than 50,000.
proposed CBG rule challenged the                    a baseline fuel of conventional gasoline        This final rule will not have a
summertime oxygen content standard.                 with a 7.0 RVP requirement. In addition,     significant impact on a substantial
Thus, ADEQ developed an analysis of                 EPA’s complex model indicates that an        number of small entities because this
the potential impact of preemption of a             increase in oxygen weight percent leads      federal action authorizes and approves
State oxygen content standard on ozone              to a reduction in total VOC emissions.15     into the Arizona SIP requirements
attainment. ADEQ stated that because                Refiners would also obtain comparable        previously adopted by the State, and
oxygenation of gasoline reduces CO                  VOC reductions through the HC                imposes no new requirements.
emissions and CO is an ozone precursor,             performance standard, or the oxygen,         Therefore, I certify that it does not have
it was determined that preemption of                T50, T90, and aromatic HC                    a significant impact on any small
the oxygen content standard would                   requirements. Thus, EPA is finding in        entities affected. Moreover, due to the
reduce the potential ozone reduction                today’s action that the VOC reductions       nature of the Federal-State relationship
benefits of the Arizona CBG program.12              produced by the VOC performance              under the CAA, preparation of a
   EPA has reviewed ADEQ’s analyses 13              standard and oxygen content standard         flexibility analysis would constitute
and believes that these analyses are                under CBG Type 1 and 3 gasoline are          Federal inquiry into the economic
insufficient to show that a summertime              necessary; and the comparable                reasonableness of state action. The
oxygen content gasoline requirement is              emissions reductions produced by the         Clean Air Act forbids EPA to base its
necessary for Phoenix to achieve the                alternative of CBG Type 2 gasoline are       actions concerning SIPs on such
ozone NAAQS. EPA believes more in-                  also necessary.                              grounds. Union Electric Co. v. U.S. EPA,
depth analysis would need to be done                                                             427 U.S. 246, 255–66 (1976); 42 U.S.C.
                                                    V. Action                                    7410(a)(2).
by EPA, states, and industry before EPA
could make any conclusions on this                     EPA has evaluated the submitted SIP
                                                    revision and has determined that it is       C. Unfunded Mandates
issue. Nonetheless, EPA believes ADEQ
does not need this analysis to show that            consistent with the CAA and EPA                 Under Section 202 of the Unfunded
the year-round oxygen content                       regulations. EPA has also found that the     Mandates Reform Act of 1995
requirement is necessary under section              various CBG requirements are either not      (‘‘Unfunded Mandates Act’’), signed
211(c)(4)(C) to meet the ozone NAAQS.               preempted by federal fuel requirements       into law on March 22, 1995, EPA must
   As stated above, if EPA finds the VOC            or are necessary for the Phoenix             prepare a budgetary impact statement to
reductions produced by the VOC                      nonattainment area to attain the ozone       accompany any proposed or final rule
performance standard and oxygen                     and PM10 NAAQS, pursuant to the CAA.         that includes a Federal mandate that
content standard under CBG Types 1                  Therefore, EPA approves the Arizona          may result in estimated costs to State,
and 3 to be necessary, then the                     CBG Interim Rule into the Arizona SIP        local, or tribal governments in the
comparable reductions produced by                   for the Phoenix ozone and PM10               aggregate; or to private sector, of $100
either of the alternatives of CBG Type 2            nonattainment areas under section            million or more. Under Section 205,
gasoline would also be necessary. In                110(k)(3) of the CAA as meeting the          EPA must select the most cost-effective
today’s action EPA is finding that VOC              requirements of section 110(a) and part      and least burdensome alternative that
reductions are necessary under section              D.                                           achieves the objectives of the rule and
211(c)(4)(C) and is approving the VOC                  Nothing in this action should be          is consistent with statutory
performance standard (and oxygen                    construed as permitting or allowing or       requirements. Section 203 requires EPA
content standard); the HC performance               establishing a precedent for any future      to establish a plan for informing and
standard (and the oxygen content                    implementation plan. Each request for        advising any small governments that
standard); and the oxygen, T50, T90,                revision to the state implementation         may be significantly or uniquely
and aromatic HC requirements because                plan shall be considered separately in       impacted by the rule.
either they are not preempted under                 light of specific technical, economic,          EPA has determined that this action
section 211(c)(4)(C) or to the extent that          and environmental factors and in             promulgated does not include a Federal
                                                    relation to relevant statutory and           mandate that may result in estimated
they are or may be preempted, they are
                                                    regulatory requirements.                     costs of $100 million or more to either
necessary and hence approvable under
section 211(c)(4)(C).                               VI. Administrative Requirements              State, local, or tribal governments in the
   Arizona has already demonstrated                                                              aggregate, or to the private sector, in any
that its 7.0 psi RVP requirement is                 A. Executive Order 12866                     one year. This Federal action authorizes
necessary under section 211(c)(4)(C) to               The Office of Management and Budget        and approves requirements previously
meet the ozone NAAQS in the Phoenix                 (OMB) has exempted this regulatory           adopted by the State, and imposes no
area.14 Compliance with the VOC                     action from E.O. 12866 review.               new requirements. Accordingly, no
performance standard and oxygen                                                                  additional costs to State, local, or tribal
                                                    B. Regulatory Flexibility Act                governments, or to the private sector,
content standard (required by CBG
gasoline types 1 and 3) would produce                  Under the Regulatory Flexibility Act,     will result from this action.
                                                    5 U.S.C. 600 et seq., EPA must prepare
                                                    a regulatory flexibility analysis            D. Submission to Congress and the
  12 ADEQ   Technical Support Document at page 7.
                                                    assessing the impact of any proposed or      General Accounting Office
This analysis is contained in appendices K and L
to the Technical Support Document.                  final rule on small entities. 5 U.S.C. 603     Under 5 U.S.C. 801(a)(1)(A) as added
  13 Appendix K, entitled CO reductions and
                                                    and 604. Alternatively, EPA may certify      by the Small Business Regulatory
equivalent VOC reductions from an increase in                                                    Enforcement Fairness Act of 1996, EPA
Gasoline Oxygen Content and Appendix L, entitled
                                                    that the rule will not have a significant
Ozone sensitivity to CO expressed in relation to    impact on a substantial number of small      submitted a report containing this rule
VOC.                                                                                             and other required information to the
  14 See 62 FR 31734 (June 11, 1997).                15 40   CFR 80.45(c)(1) (i) and (ii)        U.S. Senate, the U.S. House of
                 Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                      6659

Representatives and the Comptroller              (90) Plan revisions were submitted on     final action are available for public
General of the General Accounting              January 21, 1998 by the Governer’s          inspection during normal business
Office prior to publication of the rule in     designee.                                   hours at the following locations.
today’s Federal Register. This rule is           (i) Incorporation by reference.           Interested persons wanting to examine
not a ‘‘major’’ as defined by 5 U.S.C.           (A) Arizona Cleaner Burning Gasoline      these documents should make an
804(2).                                        Interim rule submitted as a revision to     appointment with the appropriate office
                                               the PM–10 Maricopa County State             at least 24 hours before the visiting day.
E. Petitions for Judicial Review                                                              Environmental Protection Agency,
                                               Implementation Plan, adopted on
  Under section 307(b)(1) of the Clean         September 12, 1997.                         Region 6, Multimedia Planning and
Air Act, petitions for judicial review of      *      *    *    *     *                    Permitting Division, 1445 Ross Avenue,
this action must be filed in the United        [FR Doc. 98–3327 Filed 2–9–98; 8:45 am]     suite 700, Dallas, Texas 75202–2733.
States Court of Appeals for the                                                               Texas Natural Resource Conservation
                                               BILLING CODE 6560–50–P
appropriate circuit by April 13, 1998.                                                     Commission (TNRCC), 12100 Park 35
Filing a petition for reconsideration by                                                   Circle, Building F, Austin, Texas 78753.
the Administrator of this final rule does                                                     Documents which are incorporated by
                                               ENVIRONMENTAL PROTECTION
not affect the finality of this rule for the                                               reference are available for public
                                               AGENCY
purposes of judicial review nor does it                                                    inspection at the Air and Radiation
extend the time within which a petition        40 CFR Part 52                              Docket and Information Center,
for judicial review may be filed, and                                                      Environmental Protection Agency, 401
                                               [TX82–1–7336b; FRL–5962–5]                  M Street, SW., Washington, DC 20460.
shall not postpone the effectiveness of
such rule or action. This action may not                                                   FOR FURTHER INFORMATION CONTACT: Mr.
                                               Approval and Promulgation of State
be challenged later in proceedings to          Implementation Plan, Texas: 15% Rate-       Eaton R. Weiler, of the EPA Region 6 Air
enforce its requirements. (See section         of-Progress Plan, 1990 Emission             Planning Section at the above address,
307(b)(2).)                                    Inventory, Motor Vehicle Emission           telephone (214) 665–7242.
                                               Budget, and Contingency Plan for the        SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 52
                                               Beaumont/Port Arthur Ozone                  I. Background
  Environmental protection, Air                Nonattainment Area
pollution control, Hydrocarbons,                                                           A. Clean Air Act Requirements
Volatile organic compounds, Nitrogen           AGENCY: Environmental Protection
                                                                                              Section 182(b)(1) of the Act as
oxides, Particulate matter, Incorporation      Agency (EPA).
                                                                                           amended in 1990 requires all ozone
by reference, Intergovernmental                ACTION: Direct final rule.                  nonattainment areas classified as
relations, Ozone, PM10, Reporting and                                                      moderate and above to submit a SIP
recordkeeping requirements.                    SUMMARY:    In this action, EPA is
                                                                                           revision by November 15, 1993, which
  Note: Incorporation by reference of the
                                               approving a revision to the Texas State
                                                                                           describes, in part, how these areas will
State Implementation Plan for the State of     Implementation Plan (SIP) for the
                                                                                           achieve an actual reduction in VOC
Arizona was approved by the Director of the    Beaumont/Port Arthur ozone
                                                                                           emissions of at least 15 percent, from a
Federal Register on July 1, 1982.              nonattainment area for the purpose of
                                                                                           1990 baseline, during the first six years
  Dated: January 23, 1998.                     satisfying the 15% rate-of-progress
                                                                                           after enactment of the Act (November
Felicia Marcus,                                requirements of the Clean Air Act (Act)
                                                                                           15, 1996). The Act also sets limitations
Regional Administrator, Region IX.
                                               as amended in 1990, which will aid in
                                                                                           on the creditability of certain types of
                                               ensuring the attainment of the National
  Part 52, chapter I, title 40 of the Code                                                 reductions. Specifically, states cannot
                                               Ambient Air Quality Standard (NAAQS)
of Federal Regulations is amended as                                                       take credit for reductions achieved by
                                               for ozone. The EPA is also approving
follows:                                                                                   Federal Motor Vehicle Control Program
                                               the area’s associated Motor Vehicle
                                                                                           (FMVCP) measures (new car emissions
                                               Emission Budget (MVEB).
PART 52—[AMENDED]                                                                          standards) promulgated prior to 1990, or
                                                  In addition, EPA is approving
                                                                                           for reductions resulting from
  1. The authority citation for part 52        revisions to the 1990 base year
                                                                                           requirements to lower the Reid Vapor
continues to read as follows:                  emissions inventory and the
                                                                                           Pressure (RVP) of gasoline promulgated
                                               contingency plan for this area.
    Authority: 42 U.S.C. 7401 et seq.                                                      prior to 1990. Furthermore, the Act does
                                                  This action also replaces the proposed
                                                                                           not allow credit for corrections to
Subpart D—Arizona                              limited approval/limited disapproval of
                                                                                           Vehicle Inspection and Maintenance
                                               the Beaumont/Port Arthur 15% Plan
                                                                                           Programs (I/M), or corrections to
  2. Section 52.120 is amended by              and Contingency Plan published on
                                                                                           Reasonably Available Control
adding paragraph (c)(89) and (c)(90) to        January 29, 1996. The May 22, 1997 (62
                                                                                           Technology (RACT) rules as these
read as follows:                               FR 27964), limited approval of the
                                                                                           programs were required prior to 1990.
                                               Volotile Organic Compound (VOC)
§ 52.120    Identification of plan.                                                        Emissions and emissions reductions
                                               control measures continues in effect.
*      *    *    *     *                                                                   shall be calculated on a typical weekday
                                               DATES: This direct final rule document      basis for the ‘‘peak’’ 3-month ozone
  (c) * * *                                    is effective April 13, 1998, unless         period (generally June through August).
  (89) Plan revisions were submitted on        adverse comments are received by               In addition, section 172(c)(9) of the
September 12, 1997 by the Governer’s           March 12, 1998. If the effective date is    Act requires that contingency measures
designee.                                      delayed, timely notice will be published    be included in the plan revision to be
  (i) Incorporation by reference               in the Federal Register.                    implemented if reasonable further
  (A) Arizona Cleaner Burning Gasoline         ADDRESSES: Written comments should          progress is not achieved, or if the
Interim rule submitted as a revision to        be addressed to Mr. Thomas H. Diggs,        standard is not attained.
the Maricopa Country Ozone                     Chief, Air Planning Section (6PD–L), at        In Texas, the Beaumont/Port Arthur
Nonattainment Area Plan, adopted on            the EPA Regional Office listed below.       ozone nonattainment area is classified
September 12, 1997.                            Copies of the documents relevant to this    as ‘‘moderate’’ and is subject to the
6660          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

section 182(b)(1) 15% rate-of-progress      ROP Plan, Contingency measures, and        geographically using a surrogate such as
requirements. The Beaumont/Port             MVEB for the Beaumont/Port Arthur          population. In the bottom-up approach,
Arthur ozone nonattainment area is          area. The EPA is taking no action on the   surveys of actual facilities were used to
comprised of the following counties:        other portions of the August 23, 1996,     determine emission levels. In addition
Orange, Jefferson, and Hardin. The 15       submittal in this Federal Register, nor    to the data collected from bottom-up
percent VOC emissions reduction             on any plans for the Dallas/Fort Worth,    surveys, other improvements were made
required by November 15, 1996, is           El Paso and Houston areas. The other       to the 1990 inventory. A brief
defined within this document as ‘‘rate-     portions of the Governor’s SIP submittal   discussion of the changes made to the
of-progress’’ (ROP). The SIP revision       will be finalized in separate Federal      inventory follows.
which delineates the plan for achieving     Register actions.
the emissions reductions is defined in                                                 1. Other Product Coatings, High
this document as the ‘‘15% ROP Plan.’’      II. Analysis of the Submittal              Performance Maintenance and Other
                                                                                       Special Purpose Coatings
B. Previous 15 Percent Rate of Progress     A. General
                                                                                          These categories are all surface
SIP revisions                                 Texas has made the following changes
                                                                                       coating categories that were estimated
  Texas first adopted measures for the      to address the shortfalls that were
                                                                                       for the 1990 inventory using per capita
15% ROP Plans and the required              identified in the January 29, 1996,
                                                                                       emission factors provided by EPA. The
contingency measures for the four           limited approval/limited disapproval
                                                                                       per capita factors were developed from
nonattainment areas of Dallas/Fort          proposed action. First, Texas made
                                                                                       national level estimates of usage of a
Worth, Houston/Galveston, El Paso, and      several revisions to its emissions
                                                                                       product divided by the 1989 population.
Beaumont/Port Arthur in two phases.         estimates. These revisions were based
                                                                                       The documentation of the coatings and
Phase I was submitted to EPA on             on more recent information or source
                                                                                       emissions covered by these categories
November 13, 1993, and contained            surveys. From these studies, Texas
                                                                                       was not initially available. The TNRCC,
measures achieving the bulk of the          concluded that, in some instances,
                                                                                       with EPA approval, removed these
required reductions in each of the          better estimates of emissions were
                                                                                       categories from the 1993 periodic
nonattainment areas. Phase II was           available based on locally derived
                                                                                       emissions inventory. After further
submitted May 9, 1994. The Phase II         emission factors rather than defaults
                                                                                       study, documentation of the specific
submittal was to make up the shortfall      based on national data. Second, these
                                                                                       categories and coatings was identified
in reductions not achieved by the Phase     same studies resulted, in some
                                                                                       and the 1990 inventory has been
I measures. The combination of the          instances, in lower projections of
                                                                                       adjusted appropriately. Once the
Phase I and Phase II measures was ruled     emissions in 1996 resulting in less
                                                                                       categories had been accurately
administratively complete by EPA on         growth to be offset. Finally, by better
                                                                                       identified, overlap with the point source
May 12, 1994.                               segregating the emission points that
                                                                                       inventory could be accounted for and an
  The EPA analyzed the November 13,         were subject to specific rules, Texas
                                                                                       improved area source estimate was
1993, and May 9, 1994, submittals and       identified additional emission
                                                                                       obtained.
determined that the measures included       reductions from measures in the original
in the plan did not achieve the required    15% Plan. The EPA believes that the        2. Marine Vessel Loading Losses
amount of reductions. Among other           revisions to the Emission Inventory and       Area source emissions in this category
reasons, there was a shortfall because      Growth Projections eliminate the           were based on estimates of the total
the I/M program relied on reductions in     shortfall identified in the January 29,    amount of VOCs loaded at Texas ports.
the plans which had subsequently been       1996, limited disapproval/limited          Texas determined that individual point
repealed by the State. On January 29,       approval proposed action.                  sources had under reported emissions
1996 (61 FR 2751), EPA published a          B. Emission Inventory Revisions            from this category. When the revised
proposed limited approval/limited                                                      point source emissions are considered,
disapproval of the 15% Plans included         The EPA approved the Texas 1990
                                                                                       it was determined that the bulk of the
in the November 13, 1993, and May 9,        base year inventory on November 8,
                                                                                       emissions in the Beaumont area were
1994, submittal.                            1994 (59 FR 55586). In the August 23,
                                                                                       covered in the point source emission
  The EPA also proposed a limited           1996 SIP submittal, Texas included
                                                                                       inventory. Therefore, the area source
approval of the measures that were          revisions to the approved VOC
                                                                                       estimate could be reduced.
included with the plans because they        inventory. The revisions have been
resulted in a strengthening of the SIP.     made based on more recently available      3. Surface Cleaning
For a complete discussion of the            information from source surveys and           A contractor performed a bottom-up
deficiencies in the State’s plans, please   other methods. Much of the information     survey of this category. This survey was
see the January 29, 1996, Federal           was developed as part of bottom-up         later expanded by TNRCC staff. The
Register document.                          surveys of area source categories          results of the survey indicated that the
                                            performed as part of the 1993 intensive    national default estimate of emissions
C. Current 15 Percent SIP Revision          ozone study in the Houston and             for this category should be revised for
  The Governor of Texas submitted           Beaumont. This study, called the           the nonattainment areas in Texas.
revisions to the 15% ROP Plans for          Coastal Oxidant Assessment for
Beaumont/Port Arthur, Dallas/Fort           Southeast Texas (COAST), included a        4. Architectural Coatings
Worth, El Paso and Houston/Galveston        study of area source emissions.               Texas revised emissions estimate by
areas in a letter dated August 9, 1996.     Traditional area source emission           using more recent information from the
The SIP submittal also included             inventory techniques use national or       National Paint and Coatings Association
revisions to the 1990 Base Year             state level statistics for the level of    combined with data from surveys on
Inventory, El Paso section 818 analysis,    activity of a source category. For         thinner usage.
the Post 96 ROP Plan for Houston, and       example, gallons of gasoline sold
the Employee Commute Options. In this       statewide might be used to determine       5. Automobile Refinishing
Federal Register, EPA is taking action      emissions from gasoline stations. These       Texas used more recent information
on only the Emission Inventory, 15%         emissions would be apportioned             from the National Paint and Coatings
               Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                    6661

Association and source surveys to revise         area was conducted. The survey showed            surveyed respondents reported that they
the emission estimates for this category.        that 62 percent of boat usage occurs on          cut their lawns on the weekends. Texas
In addition, using data from the                 weekends rather than on weekdays.                reallocated the emissions based on the
Department of Commerce on paint                  Previous emission estimates had                  results of the survey.
shipments, Texas projected a substantial         allocated pleasure craft emissions
decrease in emissions between 1990 and           equally to each day of the week. It is           10. 1994 Quality Assurance Efforts
1994.                                            important to know when emissions
                                                                                                    During 1994, the TNRCC completed a
                                                 occur in developing control strategies.
6. Sheet, Strip and Coil                                                                          thorough evaluation of the 1990 point
                                                 In this case, according to the EPA
   This category was estimated for the           guidance, emissions are to be reduced            source inventory and discovered that
1990 emission factor of 1.5 tons/                from their 1990 summer time weekday              emissions from facilities in several SIC
employee. The number of employees                levels. Therefore, Texas reduced the             codes were misplaced under the wrong
related to this industry was obtained            expected weekday emissions based on              emissions category. This effort resulted
from the County Business Patterns for            the results of the survey. A similar             in significant changes to some emissions
Standard Industrial Classification (SIC)         adjustment had previously been made to           categories. The realignment of emissions
code 3479. This SIC code includes many           the Dallas/Fort Worth and Houston/               did not affect the total emissions.
businesses not engaged in coil coating           Galveston inventories.                             The realignment of emissions did
operations. A list of companies involved                                                          have the effect of increasing the amount
in coil coating operations was obtained          8. Generators <50 Horsepower
                                                                                                  of reductions that were expected for
from the national coil coaters                      As part of the COAST project, local
association. It was determined that all of       area-specific construction and                   certain control measures and decreasing
the companies involved in these                  recreational area information and more           the amount of emission reductions
operations were outside the                      current information about horsepower             expected from other control measures.
nonattainment area or were reporting             distributions and equipment/                       The EPA is proposing to approve
their emissions in the point source              populations were utilized to obtain a            these revisions to the 1990 Base Year
inventory. Therefore, including their            more refined estimate of emissions in            VOC inventory for the Beaumont/Port
emissions in the area source emissions           this category.                                   Arthur area. The original biogenic
would be double counting. Therefore,                                                              emissions are unchanged. A summary of
                                                 9. Residential Lawnmowers
the area source emissions were removed                                                            the Revised 1990 emissions inventory
from the inventory.                                 Similar to the survey performed of            for the Beaumont/Port Arthur area is
                                                 recreational boat users, a survey of
7. Vessels With Outboards                                                                         included in Table 1.
                                                 homeowners was performed to
   A telephone survey of pleasure craft          determine when they actually cut their
owners in the Beaumont/Port Arthur               lawns. Fifty-nine percent of the

                                         TABLE 1.—1990 BASE YEAR EMISSIONS INVENTORY
                                                            Beaumont / Port Arthur

           Point                        Area                        On-Road                      Non-Road                        Total

          245.35                        30.63                        19.11                         18.44                        313.53



C. Calculation of the 1996 Target Level          TABLE 2: CALCULATION OF REQUIRED                 from surface cleaning and auto
of Emissions                                     REDUCTIONS (TONS/DAY)—Continued                  refinishing emissions from 1990 levels.
  Texas subtracted the noncreditable                                                                    E. Deficiencies Identified in the January
                                                       Beaumont / Port Arthur                           29, 1996 Federal Register
reductions from the FMVCP and RVP
program from the 1990 emissions                 15% of Adjusted .............................     47.03    In the January 29, 1996 Federal
inventory. This subtraction results in          RACT and I/M Correction ...............            4.28 Register, EPA identified several areas
the 1990 adjusted inventory. The total          1996 Target .................................... 262.22 where it was believed that Texas had
required emission reduction required to         1996 Projection 1 .............................  320.01 projected too much emissions reduction
meet the 15% ROP Plan requirement               Required Reduction ........................       57.79 for particular control measures. The
equals the sum of 15 percent of the               1 1996 forecasted emissions with growth               EPA has reviewed the August 9, 1996,
adjusted inventory, plus reductions to          and pre-1990 controls.                                  SIP revision and believes that it
offset any growth that takes place              D. Projections of Growth                                addresses the previously identified
between 1990 and 1996, plus any                                                                         concerns. A brief discussion of the
reductions that result from corrections           As can be seen from the calculations                  previously identified concerns follows
to the I/M or VOC RACT rules. Table 2           in Table 2, an important component of                   below.
summarizes the calculations for the             calculating the required emission
                                                reductions is to project the amount of                  1. Architectural Coatings
Beaumont/Port Arthur area.
                                                growth in emissions that is expected                       Texas projected emission reductions
 TABLE 2: CALCULATION OF REQUIRED between 1990 and 1996. Since the 1996 for this category based on past EPA
       REDUCTIONS (TONS/DAY)                    emissions are related to the 1990                       guidance. The guidance, however, was
                                                emissions, the changes in the 1990                      changed in a memorandum dated March
     Beaumont / Port Arthur                     emission inventory resulted in changes                  22, 1995 (Credit for the 15 Percent Rate-
                                                to the 1996 projections. In addition, as                of-Progress Plans for Reductions from
1990 Emission Inventory ................ 323.77 discussed previously, Texas has                         the Architectural and Industrial
1990 Adjusted Emission Inventory         313.53 projected reductions in the emissions                   Maintenance (AIM) Coating Rule). The
6662                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

August, 1996 SIP revision revises the                         TABLE 3.—SUMMARY EMISSION RE- III. Analysis of Specific Contingency
projected emissions reduction estimate                          DUCTIONS FOR BEAUMONT/PORT AR- Measures
based on the more recent guidance.                              THUR—Continued                  The following is a discussion of each
  Projected emissions reductions from
                                                                                                                        of the contingency measures that have
the AIM rule are based on the AIM rule                          Architectural Coatings .................         0.45
                                                                                                                        been included in the SIP submittals and
proposed by EPA on June 25, 1995                                Consumer/Commercial Products                     0.38
                                                                                                                        an analysis of their acceptableness.
which expected compliance by April,                             Traffic Markings ...........................     0.05
1997. Subsequently, EPA was sued over                           High Performance Maintenance                     0.05   A. Gas Utility Engines
this proposed national rule and has                             Other Special Purpose ................           0.12
                                                                                                                          Texas has projected emission
negotiated a compliance date of no                                   Total Estimated Reductions                 75.71
                                                                                                                        reductions that will occur from the
earlier than January 1, 1998. The                                                                                       small engine rule in the year following
previous guidance allowed States to                           F. Motor Vehicle Emissions Budgets                        the required milestone demonstration or
take emission reduction credit for the                                                                                  1997. The EPA believes that these
AIM rule even though the reductions                             The Clean Air Act, section 176(c), and
                                                              the transportation conformity rule                        reductions have been quantified
were not expected to occur until April                                                                                  appropriately.
1997. The EPA believes that even                              require the states to establish MVEBs in
though the compliance date has been                           any control strategy SIP that is                          B. Tier I
pushed back, the projected emissions                          submitted for attainment and                                Additional reductions are projected
reduction from the national AIM rule                          maintenance of the NAAQS. The State                       for Tier I. The EPA agrees with these
are creditable in State 15% Plans.                            of Texas has established a MVEB for                       reduction estimates.
                                                              VOC for the Beaumont/Port Arthur area.
2. Acetone Substitution                                                                                                 C. Excess Reductions
                                                              The EPA is proposing to approve the
   Texas had projected emissions                              following MVEB in Table 4:                                  Excess reductions from measures in
reductions for the rules to regulate the                                                                                place are sufficient to ensure that the
cultured (synthetic) marble and fiber                               TABLE 4.—1996 VOC MOTOR                             contingency measure target of three
reinforced plastic operations. The EPA,                                                                                 percent is met. These emission
                                                                     VEHICLE EMISSIONS BUDGET
however, has added acetone to the list                                                                                  reductions are in excess of what is
of non-reactive substances. Texas, in the                                                                       VOC     required for the area to achieve by
August, 1996 submittal, removed                                                  Area                          (tons/   November 15, 1996. If Texas has to rely
emissions reduction credit for these                                                                            day)    on these measures for contingency
rules.                                                                                                                  measures or for future plans then the
                                                              Beaumont/Port Arthur .....................        21.66
3. Vehicle Inspection and Maintenance                                                                                   State will have one year to backfill the
(I/M)                                                                                                                   contingency plan.
                                                              G. Contingency Measures
   Under the Federal I/M Flexibility
Amendments promulgated September                                 Ozone areas classified as moderate or                  TABLE   7.—SUMMARY OF CONTIN-
18, 1995, urbanized areas with a                              above must include in their submittals,                      GENCY MEASURES: BEAUMONT/PORT
population of less than 200,000 for 1990                      under section 172(c)(9) of the Act,                          ARTHUR (TONS/DAY)
are not mandated to participate in the                        contingency measures to be
Vehicle I/M program. The State of Texas                       implemented if Reasonable Further                         Required Contingency ....................              9.41
                                                                                                                        Creditable Contingency Reductions:
has elected not to implement a Vehicle                        Progress (RFP) is not achieved or if the                      Gas Utility Engines ..................             0.08
I/M program in the Beaumont/Port                              standard is not attained by the                               Tier I ........................................    0.69
Arthur nonattainment area.                                    applicable date. The General Preamble                         Excess from existing measures                     17.92
   For a complete discussion of the                           to Title I (57 FR 13498) states that the                                 Total ..........................       18.69
control measures considered please see                        contingency measures should, at a
the Technical Support Document for                            minimum, ensure that an appropriate                       IV. Final Action
this action.                                                  level of emissions reduction progress
   Table 3 summarizes the control                                                                                          The EPA has evaluated the Emissions
                                                              continues to be made if attainment or                     Inventory, 15% Plans and contingency
measures and their projected emissions
reductions used to achieve the 15                             RFP is not achieved and additional                        measures submitted as part of the
percent target.                                               planning by the State is needed.                          August 9, 1996, SIP revision for Texas.
                                                              Therefore, the EPA interprets the Act to                  The EPA is approving the revisions to
TABLE 3.—SUMMARY EMISSION RE-                                 require States with moderate and above                    the 1990 base year inventory, the 15%
  DUCTIONS FOR BEAUMONT/PORT AR-                              ozone nonattainment areas to include                      Plan, and Contingency Plan for the
   THUR
                                                              sufficient contingency measures in the                    Beaumont/Port Arthur Area without
                                                              November 1993 submittal, so that upon                     prior proposal because the Agency
Required reduction (Tons/Day) ......                  57.79   implementation of such measures,                          views this as a noncontroversial
  RACT Catchup ............................            9.88   additional emissions reductions of up to                  amendment and anticipates no adverse
  TSDF ...........................................     0.01   three percent of the adjusted base year                   comments. However, in a separate
  Vehicle Refueling (Stage II) ........                1.96   inventory (or a lesser percentage that                    document in this Federal Register
  General Vent Gas .......................            11.75   will make up the identified shortfall)                    publication, EPA is proposing to
  Benzene NESHAPS ....................                 0.28                                                             approve this action should adverse or
  FMVCP Tier I ..............................          0.21
                                                              would be achieved in the year after the
                                                              failure has been identified. States must                  critical comments be filed. This action
  Vessel Cleaning ..........................           0.02                                                             will be effective April 13, 1998, unless
  Fugitives ......................................    17.46   show that their contingency measures
  RE Floating Roof Tank ...............               25.62   can be implemented with minimal                           by March 12, 1998, adverse comments
  RE Improvements (excluding                                  further action on their part and with no                  are received.
    floating roof tank) .....................          5.04                                                                If EPA receives such comments, this
                                                              additional rulemaking actions such as
  Gas Utility Engines ......................           0.95                                                             action will be withdrawn before the
                                                              public hearings or legislative review .
  Stage I .........................................    1.49                                                             effective date by publishing a
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                               6663

subsequent document that will                 may result in estimated costs to State,       recordkeeping requirements, Sulfur
withdraw the final action. All public         local, or tribal governments in the           oxides, Volatile organic compounds.
comments received will then be                aggregate; or to private sector, of $100        Note: Incorporation by reference of the SIP
addressed in a subsequent final rule          million or more. Under section 205,           for the State of Texas was approved by the
based on proposed action. The EPA will        EPA must select the most cost-effective       Director of the Federal Register on July 1,
not institute a second comment period.        and least burdensome alternative that         1982.
Any parties interested in commenting          achieves the objectives of the rule and         Dated: January 22, 1998.
on this action should do so at this time.     is consistent with statutory                  Lynda F. Carroll,
If no such comments are received, the         requirements. Section 203 requires EPA        Acting Regional Administrator, Region 6.
public is advised that this action will be    to establish a plan for informing and
effective April 13, 1998.                     advising any small governments that             Part 52, Chapter I, Title 40 of the Code
   Nothing in this action should be           may be significantly or uniquely              of Federal Regulations is amended as
construed as permitting or allowing or        impacted by the rule.                         follows:
establishing a precedent for any future          The EPA has determined that this           PART 52—[AMENDED]
request for revision to any SIP. Each         approval action proposed does not
request for revision to the SIP shall be      include a Federal mandate that may              1. The authority citation for part 52
considered separately in light of specific    result in estimated costs of $100 million     continues to read as follows:
technical, economic, and environmental        or more to either State, local, or tribal         Authority: 42 U.S.C. 7401 et seq.
factors and in relation to relevant           governments in the aggregate, or to the
statutory and regulatory requirements.        private sector. This Federal action           Subpart SS—Texas
V. Administrative Requirements                approves preexisting requirements
                                                                                              2. Section 52.2270 is amended by
                                              under State or local law, and imposes
A. Executive Order (E.O.) 12866                                                             adding paragraph (c)(107) to read as
                                              no new Federal requirements.
                                                                                            follows:
   The Office of Management and Budget        Accordingly, no additional costs to
has exempted this regulatory action           State, local, or tribal governments, or to    § 52.2270    Identification of Plan.
from E.O. 12866 review.                       the private sector, result from this          *      *     *    *     *
                                              action.                                         (c) * * *
B. Regulatory Flexibility Act
                                              D. Submission to Congress and the               (107) A revision to the Texas State
   Under the Regulatory Flexibility Act,      General Accounting Office                     Implementation Plan addressing the
5 U.S.C. 600 et seq., EPA must prepare                                                      15% Rate-of-Progress Plan requirements
a regulatory flexibility analysis               Under 5 U.S.C. 801(a)(1)(A) as added        for the Beaumont/Port Arthur ozone
assessing the impact of any proposed or       by the Small Business Regulatory              nonattainment area was submitted by a
final rule on small entities. See 5 U.S.C.    Enforcement Fairness Act of 1996, EPA         cover letter from Governor George Bush
603 and 604. Alternatively, EPA may           submitted a report containing this rule       dated August 9, 1996. This revision will
certify that the rule will not have a         and other required information to the         aid in ensuring that reasonable further
significant impact on a substantial           U.S. Senate, the U.S. House of                progress is made towards attaining the
number of small entities. Small entities      Representatives and the Comptroller           National Ambient Air Quality Standard
include small businesses, small not-for-      General of the General Accounting             (NAAQS) for ozone in the Beaumont/
profit enterprises, and government            Office prior to publication of this rule in   Port Arthur area. This submittal also
entities with jurisdiction over               today’s Federal Register. This rule is        contained revisions to the 1990 base
populations of less than 50,000.              not a ‘‘major rule’’ as defined by 5          year emissions inventory, Motor Vehicle
   The SIP approvals under section 110        U.S.C. 804(2).                                Emission Budget, and contingency plan
and subchapter I, part D of the Act do        E. Petitions for Judicial Review              for the Beaumont/Port Arthur area.
not create any new requirements but                                                           (i) Incorporation by reference. Texas
simply approve requirements that the             Under section 307(b)(1) of the Act,        Natural Resource Conservation
State is already imposing. Therefore,         petitions for judicial review of this         Commission (TNRCC) order adopting
because the Federal SIP approval does         action must be filed in the United States     amendments to the State
not impose any new requirements, I            Court of Appeals for the appropriate          Implementation Plan; Docket Number
certify that it does not have a significant   circuit by April 13, 1998. Filing a           96–0465–SIP, issued July 31, 1996.
impact on any small entities affected.        petition for reconsideration by the             (ii) Additional material.
Moreover, due to the nature of the            Administrator of this final rule does not       (A) TNRCC certification letter dated
Federal-State relationship under the          affect the finality of this rule for the      July 24, 1996, and signed by Gloria
Act, preparation of a flexibility analysis    purposes of judicial review nor does it       Vasquez, Chief Clerk, TNRCC.
would constitute Federal inquiry into         extend the time within which a petition         (B) The SIP narrative plan and tables
the economic reasonableness of State          for judicial review may be filed, and         entitled, ‘‘Revisions to the State
action. The Act forbids EPA to base its       shall not postpone the effectiveness of       Implementation Plan for the Control of
actions concerning SIPs on such               such rule or action. This action may not      Ozone Air Pollution,’’ as it applies to
grounds. See Union Electric Co. v. U.S.       be challenged later in proceedings to         the Beaumont/Port Arthur area dated
EPA, 427 U.S. 246, 255–66 (1976); 42          enforce its requirements. See section         July 24, 1996.
U.S.C. 7410(a)(2).                            307(b)(2) of the Act.                           3. Section 52.2309 is amended by
C. Unfunded Mandates                          List of Subjects in 40 CFR Part 52            adding paragraph (d) to read as follows:

  Under section 202 of the Unfunded             Environmental protection, Air               § 52.2309    Emissions inventories.
Mandates Reform Act of 1995, signed           pollution control, Carbon monoxide,           *     *    *    *    *
into law on March 22, 1995, EPA must          Hydrocarbons, Incorporation by                  (d) The Texas Natural Resource
prepare a budgetary impact statement to       reference, Intergovernmental relations,       Conservation Commission submitted
accompany any proposed or final rule          Lead, Nitrogen dioxide, Ozone,                State Implementation Plan revisions to
that includes a Federal mandate that          Particulate matter, Reporting and             the 1990 base year emission inventory
6664            Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

for the Beaumont/Port Arthur area with       FR 61241) by operation of law, the rule       not subject to the regulatory flexibility
a cover letter from the Governor of          did not take effect on December 17,           provisions of the Regulatory Flexibility
Texas dated August 9, 1996.                  1997, as stated therein. Now that EPA         Act (5 U.S.C. 601 et seq.).
[FR Doc. 98–3319 Filed 2–9–98; 8:45 am]      has discovered its error, the rule is being      Pursuant to 5 U.S.C. 801(a)(1)(A), as
BILLING CODE 6560–50–P                       submitted to both Houses of Congress          added by the Small Business Regulatory
                                             and the GAO. This document amends             Enforcement Fairness Act of 1996, EPA
                                             the effective date of the rule consistent     will submit a report containing this rule
ENVIRONMENTAL PROTECTION                     with the provisions of the CRA.               and other required information to the
AGENCY                                          Section 553 of the Administrative          U.S. Senate, the U.S. House of
                                             Procedure Act, 5 U.S.C. 553(b)(B),            Representatives and the Comptroller
40 CFR Parts 52 and 81                       provides that, when an agency for good        General of the General Accounting
                                             cause finds that notice and public            Office; however, in accordance with 5
[FRL–5958–9]
                                             procedure are impracticable,                  U.S.C. 808(2), this rule is effective on
Technical Amendments to Clean Air            unnecessary or contrary to the public         February 10, 1998. This rule is not a
Act Promulgation of Extension of             interest, an agency may issue a rule          ‘‘major rule’’ as defined in 5 U.S.C.
Attainment Date for Ozone                    without providing notice and an               804(2).
Nonattainment Area; Ohio; Kentucky;          opportunity for public comment. EPA              This final rule only amends the
Correction of Effective Date Under           has determined that there is good cause       effective date of the underlying rule; it
Congressional Review Act (CRA)               for making today’s rule final without         does not amend any substantive
                                             prior proposal and opportunity for            requirements contained in the rule.
AGENCY:  Environmental Protection            comment because EPA merely is                 Accordingly, to the extent it is available,
Agency (EPA).                                correcting the effective date of the          judicial review is limited to the
ACTION: Final rule; informational notice;    promulgated rule to be consistent with        amended effective date. Pursuant to
correction of effective date under CRA.      the congressional review requirements         section 307(b)(1) of the Clean Air Act,
                                             of the Congressional Review Act as a          challenges to this amendment must be
SUMMARY: On November 17, 1997, the           matter of law and has no discretion in        brought within 60 days of publication of
Environmental Protection Agency              this matter. Thus, notice and public          the amendment.
published in the Federal Register a final    procedure are unnecessary. The Agency
rule extending the attainment date for       finds that this constitutes good cause          Dated: January 30, 1998.
the Cincinnati-Hamilton interstate           under 5 U.S.C. 553(b)(B). Moreover,           Carol Browner,
moderate ozone nonattainment area            since today’s action does not create any      Administrator.
from November 15, 1996, to November          new regulatory requirements and               [FR Doc. 98–3034 Filed 2–9–98; 8:45 am]
15, 1997. This extension is based in part    affected parties have known of the            BILLING CODE 6560–50–M
on monitored air quality readings for the    underlying rule since November 17,
national ambient air quality standard        1997, EPA finds that good cause exists
(NAAQS) for ozone during 1996. EPA           to provide for an immediate effective         ENVIRONMENTAL PROTECTION
also revised the table in the Code of        date pursuant to 5 U.S.C. 553(d)(3) and       AGENCY
Federal Regulations concerning ozone         808(2). Because the delay in the
attainment dates in this area. The final     effective date was caused by EPA’s            40 CFR Part 62
rule established an effective date of        inadvertent failure to submit the rule        [FRL–5961–3]
December 17, 1997. This document             under the CRA, EPA does not believed
corrects the effective date of the rule to   that affected entities that acted in good     Technical Amendments To Approval
February 10, 1998, to be consistent with     faith relying upon the effected date          and Promulgation of Implementation of
sections 801 and 808 of the                  stated in the November 17, 1997,              State Air Quality Plans for Designated
Congressional Review Act (CRA),              Federal Register should be penalized if       Facilities and Pollutants, New Mexico;
enacted as part of the Small Business        they were complying with the rule as          Control of Landfill Gas Emissions
Regulatory Enforcement Fairness Act, 5       promulgated.                                  From Existing Municipal Solid Waste
U.S.C. 801 and 808.                          II. Administrative Requirements               Landfills; Correction for Same,
EFFECTIVE DATE: This rule is effective on                                                  Louisiana; Correction of Effective Date
                                                Under Executive Order 12866 (58 FR         Under Congressional Review Act
February 10, 1998.                           51735, October 4, 1993), this action is
FOR FURTHER INFORMATION CONTACT:
                                                                                           (CRA)
                                             not a ‘‘significant regulatory action’’ and
Annette Hill, EPA Region IV, at (404)        is therefore not subject to review by the     AGENCY:   Environmental Protection
562–8287, or Dan Werbie, EPA Region          Office of Management and Budget. In           Agency (EPA).
V, at (312) 353–5791.                        addition, this action does not impose         ACTION: Direct final rule; correction of
SUPPLEMENTARY INFORMATION:                   any enforceable duty or contain any           effective date under CRA.
                                             unfunded mandate as described in the
I. Background                                Unfunded Mandates Reform Act of 1995          SUMMARY:   On October 21, 1997 (62 FR
   Section 801 of the CRA precludes a        (Pub. L. 104–4), or require prior             54589), the Environmental Protection
rule from taking effect until the agency     consultation with State officials as          Agency published in the Federal
promulgating the rule submits a rule         specified by executive Order 12875 (58        Register a direct final rule approving the
report, which includes a copy of the         FR 58093, October 28, 1993), or involve       New Mexico State Plan for controlling
rule, to each House of Congress and to       special consideration of environmental        landfill gas emissions from existing
the Comptroller General of the General       justice related issues as required by         municipal solid waste landfills. The
Accounting Office (GAO). EPA recently        Executive Order 12898 (59 FR 7629,            plan was submitted to fulfill the
discovered that it had inadvertently         February 16, 1994). Because this action       requirements of the Clean Air Act. The
failed to submit the above rule as           is not subject to notice-and-comment          rule established an effective date of
required; thus, although the rule was        requirements under the Administrative         December 22, 1997. This document
promulgated on November 17, 1997 (62         Procedure Act or any other statute, it is     corrects the effective date of the rule to
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                          6665

February 10, 1998, to be consistent with    stated in the October 21, 1997, Federal       ENVIRONMENTAL PROTECTION
sections 801 and 808 of the                 Register should be penalized if they          AGENCY
Congressional Review Act (CRA),             were complying with the rule as
enacted as part of the Small Business       promulgated.                                  40 CFR Parts 180 and 186
Regulatory Enforcement Fairness Act, 5                                                    [FRL–5959–3]
U.S.C. 801 and 808.                         II. Administrative Requirements
EFFECTIVE DATE: This rule is effective on      Under Executive Order 12866 (58 FR         Technical Amendments to Thiodicarb;
February 10, 1998.                          51735, October 4, 1993), this action is       Pesticide Tolerance; Correction of
FOR FURTHER INFORMATION CONTACT:            not a ‘‘significant regulatory action’’ and   Effective Date Under Congressional
Robyn Meeker, EPA Region X, at (206)        is therefore not subject to review by the     Review Act (CRA)
553–8579.                                   Office of Management and Budget. In           AGENCY:   Environmental Protection
SUPPLEMENTARY INFORMATION:                  addition, this action does not impose         Agency (EPA).
I. Background                               any enforceable duty or contain any           ACTION: Final rule; correction of
                                            unfunded mandate as described in the          effective date under CRA.
   Section 801 of the CRA precludes a
                                            Unfunded Mandates Reform Act of 1995
rule from taking effect until the agency                                                  SUMMARY:   On August 22, 1997 (62 FR
                                            (Pub. L. 104–4), or require prior
promulgating the rule submits a rule                                                      44582), the Environmental Protection
report, which includes a copy of the        consultation with State officials as
                                            specified by Executive Order 12875 (58        Agency published in the Federal
rule, to each House of Congress and to                                                    Register a final rule establishing a
the Comptroller General of the General      FR 58093, October 28, 1993), or involve
                                            special consideration of environmental        tolerance for combined residues of
Accounting Office (GAO). EPA recently                                                     thiodicarb and its metabolite methomyl
discovered that it had inadvertently        justice related issues as required by
                                            Executive Order 12898 (59 FR 7629,            in or on broccoli, cabbage, cauliflower,
failed to submit the above rule as                                                        and leafy vegetables (except Brassica
required; thus, although the rule was       February 16, 1994). Because this action
                                            is not subject to notice-and-comment          vegetables), which established an
promulgated on October 21, 1997 (62 FR                                                    effective date of August 22, 1997. This
54589) by operation of law, the rule did    requirements under the Administrative
                                                                                          document corrects the effective date of
not take effect on December 22, 1997, as    Procedure Act or any other statute, it is
                                                                                          the rule to February 10, 1998, to be
stated therein. Now that EPA has            not subject to the regulatory flexibility
                                                                                          consistent with section 801 and 808 of
discovered its error, the rule is being     provisions of the Regulatory Flexibility      the Congressional Review Act (CRA),
submitted to both Houses of Congress        Act (5 U.S.C. 601 et seq.)                    enacted as part of the Small Business
and the GAO. This document amends              Pursuant to 5 U.S.C. 801(a)(1)(A), as      Regulatory Enforcement Fairness Act, 5
the effective date of the rule consistent   added by the Small Business Regulatory        U.S.C. 801 and 808.
with the provisions of the CRA.             Enforcement Fairness Act of 1996, EPA
   Section 553 of the Administrative                                                      EFFECTIVE DATE: This rule is effective on
                                            will submit a report containing this rule     February 10, 1998.
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good      and other required information to the         FOR FURTHER INFORMATION CONTACT:
cause finds that notice and public          U.S. Senate, the U.S. House of                Angela Hofmann, OPPTS, at (202) 260–
procedure are impracticable,                Representatives and the Comptroller           2922.
unnecessary or contrary to the public       General of the General Accounting             SUPPLEMENTARY INFORMATION:
interest, an agency may issue a rule        Office; however, in accordance with 5
without providing notice and an             U.S.C. 808(2), this rule is effective on      I. Background
opportunity for public comment. EPA         February 10, 1998. This rule is not a            Section 801 of the CRA precludes a
has determined that there is good cause     ‘‘major rule’’ as defined in 5 U.S.C.         rule from taking effect until the agency
for making today’s rule final without       804(2).                                       promulgating the rule submits a rule
prior proposal and opportunity for             This final rule only amends the            report, which includes a copy of the
comment because EPA merely is               effective date of the underlying rule; it     rule, to each House of Congress and to
correcting the effective date of the        does not amend any substantive                the Comptroller General of the General
promulgated rule to be consistent with      requirements contained in the rule.           Accounting Office (GAO). EPA recently
the congressional review requirements       Accordingly, to the extent it is available,   discovered that it had inadvertently
of the Congressional Review Act as a        judicial review is limited to the             failed to submit the above rule as
matter of law and has no discretion in                                                    required thus, although the rule was
                                            amended effective date. Pursuant to
this matter. Thus, notice and public                                                      promulgated on August 22, 1997 (62 FR
                                            section 307(b)(1) of the Clean Air Act,
procedure are unnecessary. The Agency                                                     44582) by operation of law, the rule did
                                            challenges to this amendment must be
finds that this constitutes good cause                                                    not take effect on August 22, 1997, as
under 5 U.S.C. 553(b)(B). Moreover,         brought within 60 days of publication of      stated therein. Now that EPA has
since today’s action does not create any    the amendment.                                discovered its error, the rule is being
new regulatory requirements and               Dated: January 30, 1998.                    submitted to both Houses of Congress
effected parties have known of the          Carol Browner,                                and the GAO. This document amends
underlying rule since October 21, 1997,     Administrator.                                the effective date of the rule consistent
EPA finds that good cause exists to                                                       with the provisions of the CRA.
                                            [FR Doc. 98–3037 Filed 2–9–98; 8:45 am]
provide for an immediate effective date                                                      Section 408(e)(2) of the Federal Food,
                                            BILLING CODE 6560–50–M
pursuant to 5 U.S.C. 553(d)(3) and                                                        Drug, and Cosmetic Act (FFDCA), 21
808(2). Because the delay in the                                                          U.S.C. 346a(e)(2), provides that the
effective date was caused by EPA’s                                                        Administrator, before issuing a final
inadvertent failure to submit the rule                                                    rule under section 408(e)(1), shall issue
under the CRA, EPA does not believe                                                       a proposed rule and allow 60 days for
that affected entities that acted in good                                                 public comment unless the
faith relying upon the effective date                                                     Administrator for good cause finds that
6666          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

it would be in the public interest to         General of the General Accounting             the Comptroller General of the General
provide a shorter period. EPA has             Office; however, in accordance with 5         Accounting Office (GAO). EPA recently
determined that there is good cause for       U.S.C. 808(2), this rule is effective on      discovered that it had inadvertently
making today’s rule final without prior       February 10, 1998. This rule is not a         failed to submit the above rule as
proposal and opportunity for comment          ‘‘major rule’’ as defined in 5 U.S.C.         required; thus, although the rule was
because EPA merely is correcting the          804(2).                                       promulgated on November 21, 1997 (62
effective date of the promulgated rule to        This final rule only amends the            FR 62262) by operation of law, the rule
be consistent with the congressional          effective date of the underlying rule; it     did not take effect on January 20, 1998,
review requirements of the                    does not amend any substantive                as stated therein. Now that EPA has
Congressional Review Act as a matter of       requirements contained in the rule.           discovered its error, the rule is being
law and has no discretion in this matter.     Accordingly, to the extent it is available,   submitted to both Houses of Congress
Thus, notice and public procedure are         judicial review is limited to the             and the GAO. This document amends
unnecessary. The Agency finds that this       amended effective date.                       the effective date of the rule consistent
constitutes good cause under section            Dated: January 30, 1998.                    with the provisions of the CRA.
408(e)(2). Moreover, since today’s action                                                      Section 553 of the Administrative
                                              Carol Browner,
does not create any new regulatory                                                          Procedure Act, 5 U.S.C. 553(b)(B),
requirements and affected parties have        Administrator.                                provides that, when an agency for good
known of the underlying rule since            [FR Doc. 98–3028 Filed 2–9–98; 8:45 am]       cause finds that notice and public
August 22, 1997, EPA finds that good          BILLING CODE 6560–50–M                        procedure are impracticable,
cause exists to provide for an immediate                                                    unnecessary or contrary to the public
effective date pursuant to 5 U.S.C.                                                         interest, an agency may issue a rule
808(2). Under section 408(g)(1) of            ENVIRONMENTAL PROTECTION                      without providing notice and an
FFDCA, today’s rule is effective upon         AGENCY                                        opportunity for public comment. EPA
publication. Because the delay in the                                                       has determined that there is good cause
                                              40 CFR Part 271                               for making today’s rule final without
effective date was caused by EPA’s
inadvertent failure to submit the rule        [FRL–5959–2]                                  prior proposal and opportunity for
under the CRA, EPA does not believe                                                         comment because EPA merely is
that affected entities that acted in good     Technical Amendments to Alabama:              correcting the effective date of the
faith relying upon the effective date         Final Authorization of Revisions to           promulgated rule to be consistent with
stated in the August 22, 1997, Federal        State’s Hazardous Waste Management            the congressional review requirements
Register should be penalized if they          Program; Correction of Effective Date         of the Congressional Review Act as a
were complying with the rule as               Under Congressional Review Act                matter of law and has no discretion in
promulgated.                                  (CRA)                                         this matter. Thus, notice and public
                                                                                            procedure are unnecessary. The Agency
II. Administrative Requirements               AGENCY:   Environmental Protection
                                                                                            finds that this constitutes good cause
   Under Executive Order 12866 (58 FR         Agency (EPA).
                                                                                            under 5 U.S.C. 553(b)(B). Moreover,
51735, October 4, 1993), this action is       ACTION: Immediate final rule; correction      since today’s action does not create any
not a ‘‘significant regulatory action’’ and   of effective date under CRA.                  new regulatory requirements and
is therefore not subject to review by the     SUMMARY:   On November 21, 1997 (62 FR        affected parties have known of the
Office of Management and Budget. In                                                         underlying rule since November 21,
                                              62262), the Environmental Protection
addition, this action does not impose                                                       1997, EPA finds that good cause exists
                                              Agency published in the Federal
any enforceable duty or contain any                                                         to provide for an immediate effective
                                              Register an immediate final rule
unfunded mandate as described in the                                                        date pursuant to 5 U.S.C. 553(d)(3) and
                                              approving Alabama’s application for
Unfunded Mandates Reform Act of 1995                                                        808(2). Because the delay in the
                                              final authorization of revisions to its
(Pub. L. 104–4), or require prior                                                           effective date was caused by EPA’s
                                              hazardous waste program under the
consultation with State officials as                                                        inadvertent failure to submit the rule
                                              Resource Conservation and Recovery
specified by Executive Order 12875 (58                                                      under the CRA, EPA does not believe
                                              Act (RCRA), which established an
FR 58093, October 28, 1993), or involve                                                     that affected entities that acted in good
                                              effective date of January 20, 1998. This
special consideration of environmental                                                      faith relying upon the effective date
justice related issues as required by         document corrects the effective date of
                                                                                            stated in the November 21, 1997,
Executive Order 12898 (59 FR 7629,            the rule to February 10, 1998, to be
                                                                                            Federal Register should be penalized if
February 16, 1994). Because this action       consistent with sections 801 and 808 of
                                                                                            they were complying with the rule as
is not subject to notice-and-comment          the Congressional Review Act (CRA),
                                                                                            promulgated.
requirements under the Administrative         enacted as part of the Small Business
Procedure Act or any other statute, it is     Regulatory Enforcement Fairness Act, 5        II. Administrative Requirements
not subject to the regulatory flexibility     U.S.C. 801 and 808.                              Under Executive Order 12866 (58 FR
provisions of the Regulatory Flexibility      EFFECTIVE DATE: This rule is effective on     51735, October 4, 1993), this action is
Act (5 U.S.C. 601 se seq.). EPA’s             February 10, 1998.                            not a ‘‘significant regulatory action’’ and
compliance with these statutes and            FOR FURTHER INFORMATION CONTACT:              is therefore not subject to review by the
Executive Orders for the underlying rule      Annette Hill, EPA Region IV, at (404)         Office of Management and Budget. In
is discussed in August 22, 1997, Federal      562–8287.                                     addition, this action does not impose
Register document.                            SUPPLEMENTARY INFORMATION:                    any enforceable duty or contain any
   Pursuant to 5 U.S.C. 801(a)(1)(A), as                                                    unfunded mandate as described in the
added by the Small Business Regulatory        I. Background                                 Unfunded Mandates Reform Act of 1995
Enforcement Fairness Act of 1996, EPA           Section 801 of the CRA precludes a          (Pub. L. 104–4), or require prior
will submit a report containing this rule     rule from taking effect until the agency      consultation with State officials as
and other required information to the         promulgating the rule submits a rule          specified by Executive Order 12875 (58
U.S. Senate, the U.S. House of                report, which includes a copy of the          FR 58093, October 28, 1993), or involve
Representatives and the Comptroller           rule, to each House of Congress and to        special consideration of environmental
                Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                         6667

justice related issues as required by         of October 23, 1997. This document           808(2). Because the delay in the
Executive Order 12898 (59 FR 7629,            corrects the effective date of the rule to   effective date was caused by EPA’s
February 16, 1994). Because this action       February 10, 1998 to be consistent with      inadvertent failure to submit the rule
is not subject to notice-and-comment          sections 801 and 808 of the                  under the CRA, EPA does not believe
requirements under the Administrative         Congressional Review Act (CRA),              that affected entities that acted in good
Procedure Act or any other statute, it is     enacted as part of the Small Business        faith relying upon the effective date
not subject to the regulatory flexibility     Regulatory Enforcement Fairness Act, 5       stated in the September 23, 1997,
provisions of the Regulatory Flexibility      U.S.C. 801 and 808.                          Federal Register should be penalized if
Act (5 U.S.C. 601 et seq.). EPA’s             EFFECTIVE DATE: This rule is effective on    they were complying with the rule as
compliance with these statutes and            February 10, 1998.                           promulgated.
Executive Orders for the underlying rule
                                              FOR FURTHER INFORMATION CONTACT: Jada        II. Administrative Requirements
is discussed in the November 21, 1997,
Federal Register document.                    Goodwin, EPA Region III, at (215) 566–
                                              5381.                                           Under Executive Order 12866 (58 FR
   Pursuant to 5 U.S.C. 801(a)(1)(A), as                                                   51735, October 4, 1993), this action is
added by the Small Business Regulatory        SUPPLEMENTARY INFORMATION:
                                                                                           not a ‘‘significant regulatory action’’ and
Enforcement Fairness Act of 1996, EPA         I. Background                                is therefore not subject to review by the
will submit a report containing this rule                                                  Office of Management and Budget. In
and other required information to the            Section 801 of the CRA precludes a
                                              rule from taking effect until the agency     addition, this action does not impose
U.S. Senate, the U.S. House of
                                              promulgating the rule submits a rule         any enforceable duty or contain any
Representatives and the Comptroller
                                              report, which includes a copy of the         unfunded mandate as described in the
General of the General Accounting
                                              rule, to each House of Congress and to       Unfunded Mandates Reform Act of 1995
Office; however, in accordance with 5
                                              the Comptroller General of the General       (Pub. L. 104–4), or require not prior
U.S.C. 808(2), this rule is effective on
                                              Accounting Office (GAO). EPA recently        consultation with State officials as
February 10, 1998. This rule is not a
                                              discovered that it had inadvertently         specified by Executive Order 12875 (58
‘‘major rule’’ as defined in 5 U.S.C.
                                              failed to submit the above rule as           FR 58093, October 28, 1993), or involve
804(2).
                                              required; thus, although the rule was        special consideration of environmental
   This final rule only amends the
                                              promulgated on the date stated in the        justice related issues as required by
effective date of the underlying rule; it
does not amend any subjective                 September 23, 1997 (62 FR 49620) by          Executive Order 12898 (59 FR 7629,
requirements contained in the rule.           operation of law, the rule did not take      February 16, 1994). Because this action
Accordingly, to the extent it is available,   effect on October 23, 1997, as stated        is not subject to notice-and-comment
judicial review is limited to the             therein. Now that EPA has discovered         requirements under the Administrative
amended effective date.                       its error, the rule is being submitted to    Procedure Act or any other statute, it is
                                              both Houses of Congress and the GAO.         not subject to the regulatory flexibility
  Dated: January 30, 1998.                                                                 provisions of the Regulatory Flexibility
Carol Browner,
                                              This document amends the effective
                                              date of the rule consistent with the         Act (5 U.S.C. 601 et seq.). EPA’s
Administrator.                                                                             compliance with these statutes and
                                              provisions of the CRA.
[FR Doc. 98–3029 Filed 2–9–98; 8:45 am]                                                    Executive Orders for the underlying rule
                                                 Section 553 of the Administrative
BILLING CODE 6560–50–M                                                                     is discussed in September 23, 1997,
                                              Procedure Act, 5 U.S.C. 553(b)(B),
                                                                                           Federal Register document.
                                              provides that, when an agency for good
                                              cause finds that notice and public             Pursuant to 5 U.S.C. 801(a)(1)(A), as
ENVIRONMENTAL PROTECTION
                                              procedure are impracticable,                 added by the Small Business Regulatory
AGENCY
                                              unnecessary or contrary to the public        Enforcement Fairness Act of 1996, EPA
40 CFR part 281                               interest, an agency may issue a rule         will submit a report containing this rule
                                              without providing notice and an              and other required information to the
[FRL–5960–2]                                  opportunity for public comment. EPA          U.S. Senate, the U.S. House of
                                              has determined that there is good cause      Representatives and the Comptroller
Technical Amendments to West                                                               General of the General Accounting
                                              for making today’s rule final without
Virginia; Final Approval of State                                                          Office; however, in accordance with 5
                                              prior proposal and opportunity for
Underground Storage Tank Program;                                                          U.S.C. 808(2), this rule is effective on
                                              comment because EPA merely is
Correction of Effective Date Under                                                         February 10, 1998. This rule is not a
                                              correcting the effective date of the
Congressional Review Act (CRA)                                                             ‘‘major rule’’ as defined in 5 U.S.C.
                                              promulgated rule to be consistent with
AGENCY:  Enrironmental Protection             the congressional review requirements        804(2).
Agency (EPA).                                 of the Congressional Review Act as a            This final rule only amends the
ACTION: Notice of final determination;        matter of law and has no discretion in       effective date of the underlying rule; it
correction of effective date under CRA.       this matter. Thus, notice and public         does not amend any substantive
                                              procedure are unnecessary. The Agency        requirements contained in the rule.
SUMMARY: On September 23, 1997 (62            finds that this constitutes good cause       Accordingly, to the extent it is available,
FR 49620), the Environmental                  under 5 U.S.C. 553(b)(B). Moreover,          judicial review is limited to the
Protection Agency published in the            since today’s action does not create any     amended effective date.
Federal Register a notice of final            new regulatory requirements and
                                                                                             Dated: January 30, 1998.
determination approving the State of          affected parties have known of the
West Virginia’s underground storage           underlying rule since September 23,          Carol Browner,
tank program under Subtitle I of the          1997. EPA finds that good cause exists       Administrator.
Resource Conservation and Recovery            to provide for an immediate effective        [FR Doc. 98–3030 Filed 2–9–98; 8:45 am]
Act, which established an effective date      date pursuant to 5 U.S.C. 553(d)(3) and      BILLING CODE 6560–50–M
6668           Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

ENVIRONMENTAL PROTECTION                      procedure are impracticable,                  Representatives and the Comptroller
AGENCY                                        unnecessary or contrary to the public         General of the General Accounting
                                              interest, an agency may issue a rule          Office; however, in accordance with 5
40 CFR Part 372                               without providing notice and an               U.S.C. 808(2), this rule is effective on
[FRL–5959–7]
                                              opportunity for public comment. EPA           February 10, 1998. This rule is not a
                                              has determined that there is good cause       ‘‘major rule’’ as defined in 5 U.S.C.
Technical Amendments to                       for making today’s rule final without         804(2).
Hydrochloric Acid; Toxic Chemical             prior proposal and opportunity for               This final rule only amends the
Release Reporting; Community Right-           comment because EPA merely is                 effective date of the underlying rule; it
to-Know; Correction of Effective Date         correcting the effective date of the          does not amend any substantive
Under Congressional Review Act                promulgated rule to be consistent with        requirements contained in the rule.
(CRA)                                         the congressional review requirements         Accordingly, to the extent it is available,
                                              of the Congressional Review Act as a          judicial review is limited to the
AGENCY:  Environmental Protection             matter of law and has no discretion in        amended effective date.
Agency (EPA).                                 this matter. Thus, notice and public            Dated: January 30, 1998.
ACTION: Final rule; correction effective      procedure are unnecessary. The Agency
                                                                                            Carol Browner,
date under CRA.                               finds that this constitutes good cause
                                              under 5 U.S.C. 553(b)(B). Moreover,           Administrator.
SUMMARY: On July 25, 1996 (61 FR              since today’s action does not create any      [FR Doc. 98–3032 Filed 2–9–98; 8:45 am]
38600), the Environmental Protection          new regulatory requirements and               BILLING CODE 6560–50–M
Agency published in the Federal               affected parties have known of the
Register a final rule modifying the           underlying rule since July 25, 1996, EPA
listing for hydrochloric acid on the list     finds that good cause exists to provide       ENVIRONMENTAL PROTECTION
of toxic chemicals subject to the             for an immediate effective date pursuant      AGENCY
reporting requirements under section          to 5 U.S.C. 553(d)(3) and 808(2).
313 of the Emergency Planning and                                                           40 CFR Part 721
                                              Because the delay in the effective date
Community Right-to-Know Act of 1986,          was caused by EPA’s inadvertent failure       [FRL–5959–5]
and section 6607 of the Pollution             to submit the rule under the CRA, EPA
Prevention Act of 1990, which                 does not believe that affected entities       Technical Amendments to
established an effective date of July 25,     that acted in good faith relying upon the     Cyclohexanecarbonitrile, 1,3,3-
1996. This document corrects the              effective date stated in the July 25, 1996,   trimethyl-5-oxo; Revocation of a
effective date of the rule to February 10,    Federal Register should be penalized if       Significant New Use Rule; Correction
1998 to be consistent with sections 801       they were complying with the rule as          of Effective Date Under Congressional
and 808 of the Congressional Review           promulgated.                                  Review Act (CRA)
Act (CRA), enacted as part of the Small       II. Administrative Requirements               AGENCY:   Environmental Protection
Business Regulatory Enforcement                                                             Agency (EPA).
Fairness Act, 5 U.S.C. 801 and 808.              Under Executive Order 12866 (58 FR
                                              51735, October 4, 1993), this action is       ACTION: Final rule; correction of
EFFECTIVE DATE: This rule is effective on                                                   effective date under CRA.
                                              not a ‘‘significant regulatory action’’ and
February 10, 1998.
                                              is therefore not subject to review by the
FOR FURTHER INFORMATION CONTACT:                                                            SUMMARY:   On June 27, 1996 (61 FR
                                              Office of Management and Budget. In
Angela Hofmann, OPPTS, at (202) 260–                                                        33373), the Environmental Protection
                                              addition, this action does not impose
2922.                                                                                       Agency published in the Federal
                                              any enforceable duty or contain any
SUPPLEMENTARY INFORMATION:
                                                                                            Register a final rule revoking a
                                              unfunded mandate as described in the
                                                                                            significant new use rule promulgated
I. Background                                 Unfunded Mandates Reform Act of 1995
                                                                                            under section 5(a)(2) of the Toxic
                                              (Pub. L. 104–4), or require prior
   Section 801 of the CRA precludes a                                                       Substances Control Act for
                                              consultation with State officials as
rule from taking effect until the agency                                                    cyclohexanecarbonitrile, 1,3,3-
                                              specified by Executive Order 12875 (58
promulgating the rule submits a rule          FR 58093, October 28, 1993), or involve       trimethyl-5-oxo- based on receipt of new
report, which includes a copy of the          special consideration of environmental        data, which established an effective date
rule, to each House of Congress and to        justice related issues as required by         of July 29, 1996. This document corrects
the Comptroller General of the General        Executive Order 12898 (59 FR 7629,            the effective date of the rule to February
Accounting Office (GAO). EPA recently         February 16, 1994). Because this action       10, 1998, to be consistent with sections
discovered that it had inadvertently          is not subject to notice-and-comment          801 and 808 of the Congressional
failed to submit the above rule as            requirements under the Administrative         Review Act (CRA), enacted as part of the
required; thus, although the rule was         Procedure Act or any other statute, it is     Small Business Regulatory Enforcement
promulgated on July 25, 1996 (61 FR           not subject to the regulatory flexibility     Fairness Act, 5 U.S.C. 801 and 808.
38600) by operation of law, the rule did      provisions of the Regulatory Flexibility      EFFECTIVE DATE: This rule is effective on
not take effect on July 25, 1996, as stated   Act (5 U.S.C. 601 et seq.). EPA’s             February 10, 1998.
therein. Now the EPA has discovered its       compliance with these statutes and            FOR FURTHER INFORMATION CONTACT:
error, the rule is being submitted to both    Executive Orders for the underlying rule      Angela Hofmann, OPPTS, at (202) 260–
Houses of Congress and the GAO. This          is discussed in the July 25, 1996,            2922.
document amends the effective date of         Federal Register document.                    SUPPLEMENTARY INFORMATION:
the rule consistent with the provisions          Pursuant to 5 U.S.C. 801(a)(1)(A), as
of the CRA.                                   added by the Small Business Regulatory        I. Background
   Section 553 of the Administrative          Enforcement Fairness Act of 1996, EPA            Section 801 of the CRA precludes a
Procedure Act, 5 U.S.C. 553(b)(B),            will submit a report containing this rule     rule from taking effect until the agency
provides that, when an agency for good        and other required information to the         promulgating the rule submits a rule
cause finds that notice and public            U.S. Senate, the U.S. House of                report, which includes a copy of the
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                  6669

rule, to each House of Congress and to        special consideration of environmental        a primary basis to the fixed, mobile, and
the Comptroller General of the General        justice related issues as required by         new broadcasting services for
Accounting Office (GAO). EPA recently         Executive Order 12898 (59 FR 7629,            commercial use, to be assigned by
discovered that it had inadvertently          February 16, 1994). Because this action       auction. During the digital television
failed to submit the above rule as            is not subject to notice-and-comment          (‘‘DTV’’) transition period, TV channels
required; thus, although the rule was         requirements under the Administrative         60–69 will continue to be used for
promulgated on June 27, 1996 (61 FR           Procedure Act or any other statute, it is     analog and digital TV broadcasting. We
33373) by operation of law, the rule did      not subject to the regulatory flexibility     are establishing policies for the
not take effect on July 29, 1996, as stated   provisions of the Regulatory Flexibility      protection of such stations during the
therein. Now that EPA has discovered          Act (5 U.S.C. 601 et seq.). EPA’s             DTV transition. We are also providing
its error, the rule is being submitted to     compliance with these statutes and            for continued use of TV channels 60–69
both Houses of Congress and the GAO.          Executive Orders for the underlying rule      on a secondary basis for low power TV
This document amends the effective            is discussed in June 27, 1996, Federal        and translator stations until the end of
date of the rule consistent with the          Register document.                            the DTV transition period.
provisions of the CRA.                           Pursuant to 5 U.S.C. 801(a)(1)(A), as
   Section 553 of the Administrative                                                        EFFECTIVE DATE:     April 13, 1998.
                                              added by the Small Business Regulatory
Procedure Act, 5 U.S.C. 553(b)(B),            Enforcement Fairness Act of 1996, EPA         FOR FURTHER INFORMATION CONTACT:
provides that, when an agency for good        will submit a report containing this rule     Sean White, Office of Engineering and
cause finds that notice and public            and other required information to the         Technology, (202) 418–2453.
procedure are impracticable,                  U.S. Senate, the U.S. House of                SUPPLEMENTARY INFORMATION:    This is a
unnecessary or contrary to the public         Representatives and the Comptroller           summary of the Commission’s Report
interest, an agency may issue a rule          General of the General Accounting             and Order, ET Docket 97–157, FCC 97–
without providing notice and an               Office; however, in accordance with 5         421, adopted December 31, 1997, and
opportunity for public comment. EPA           U.S.C. 808(2), this rule is effective on      released January 6, 1998. The full text
has determined that there is good cause       February 10, 1998. This rule is not a         of this Commission decision is available
for making today’s rule final without         ‘‘major rule’’ as defined in 5 U.S.C.         for inspection and copying during
prior proposal and opportunity for            804(2).                                       normal business hours in the FCC
comment because EPA merely is                    This final rule only amends the            Reference Center (Room 239), 1919 M
correcting the effective date of the          effective date of the underlying rule; it
promulgated rule to be consistent with                                                      Street, N.W., Washington, D.C., and also
                                              does not amend any substantive                may be purchased from the
the congressional review requirements         requirements contained in the rule.
of the Congressional Review Act as a                                                        Commission’s duplication contractor,
                                              Accordingly, to the extent it is available,   International Transcription Service,
matter of law and has no discretion in        judicial review is limited to the
this matter. Thus, notice and public                                                        (202) 857–3800, 1231 20th Street, N.W.
                                              amended effective date.                       Washington, D.C. 20036.
procedure are unnecessary. The Agency
finds that this constitutes good cause          Dated: January 30, 1998.
                                                                                            Summary of the Report and Order
under 5 U.S.C. 553(b)(B). Moreover,           Carol Browner,
since today’s action does not create any      Administrator.                                  1. This Report and Order reallocates
new regulatory requirements and               [FR Doc. 98–3026 Filed 2–9–98; 8:45 am]       the 746–806 MHz band, currently
affected parties have known of the            BILLING CODE 6560–50–M
                                                                                            comprising television (TV) channels 60–
underlying rule since June 27, 1996,                                                        69, as proposed in the Notice of
EPA finds that good cause exists to                                                         Proposed Rule Making in this
provide for an immediate effective date       FEDERAL COMMUNICATIONS                        proceeding, 62 FR 41012, July 31, 1997.
pursuant to 5 U.S.C. 553(d)(3) and            COMMISSION                                    The Balanced Budget Act of 1997
808(2). Because the delay in the                                                            (Budget Act) requires the allocation of
effective date was caused by EPA’s            47 CFR Part 2                                 24 megahertz of spectrum for public
inadvertent failure to submit the rule                                                      safety from TV channels 60–69, in
                                              [ET Docket No. 97–157; FCC 97–421]            consultation with the Secretary of
under the CRA, EPA does not believe
that affected entities that acted in good                                                   Commerce and the Attorney General,
                                              Reallocation of TV Channels 60–69, the
faith relying upon the effective date                                                       not later than January 1, 1998.1 There is
                                              746–806 MHz Band
stated in the June 27, 1996, Federal                                                        inadequate spectrum to meet the needs
Register should be penalized if they          AGENCY:  Federal Communications               of many public safety organizations,
were complying with the rule as               Commission.                                   particularly in major metropolitan
promulgated.                                  ACTION: Final rule.                           regions. Public safety requires spectrum
                                                                                            to facilitate interoperability and for new
II. Administrative Requirements               SUMMARY:    By this Report and Order          types of communications capabilities
   Under Executive Order 12866 (58 FR         (‘‘R&O’’), the Commission reallocates         that will strengthen and enhance public
51735, October 4, 1993), this action is       the 746–806 MHz band, currently               safety. Therefore, as required by the
not a ‘‘significant regulatory action’’ and   television (TV) channels 60–69, as            Budget Act, after consulting with and
is therefore not subject to review by the     proposed in the Notice of Proposed Rule       considering the views of the Secretary of
Office of Management and Budget. In           Making (‘‘Notice’’) in this proceeding. In    Commerce and the Attorney General, we
addition, this action does not impose         consultation with the Secretary of            are allocating 24 MHz of spectrum (TV
any enforceable duty or contain any           Commerce and the Attorney General, we         Channels 63, 64, 68, and 69, or, in other
unfunded mandate as described in the          allocate 24 megahertz of this band, at        words, the 764–776 MHz and 794–806
Unfunded Mandates Reform Act of 1995          764–776 MHz and 794–806 MHz, on a             MHz bands) to the fixed and mobile
(Pub. L. 104–4), or require prior             primary basis to the fixed and mobile         services on a primary basis for public
consultation with State officials as          services, and designate this spectrum for
specified by Executive Order 12875            public safety use. We allocate the              1 See Budget Act, section 3004 (adding new

(58093, October 28, 1993), or involve         remaining 36 megahertz of the band on         section 337 of the Communications Act).
6670              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

safety services.2 We have initiated a                    communications requires that these          January 1, 1998. Thus we do not have
separate proceeding to establish the                     factors be minimized to the extent          the latitude to delay reallocation of this
rules that will govern how this spectrum                 possible. Manufacturers of radio            spectrum. Moreover, even if we had the
will be used by public safety agencies.                  equipment have expressed confidence         discretion to do so, we do not believe
Also in accordance with the Budget Act,                  in their ability to design two-way public   it would be necessary to retain this
we are allocating the remaining 36                       safety radios with transmit/receive         spectrum as a ‘‘safe haven’’. The DTV
megahertz of channels 60–69 to the                       separations of 30 megahertz. On the         transition plan is the product of
fixed and mobile services on a primary                   other hand, shorter separations, such as    extensive technical study and review. If
basis, and retaining the primary                         the 12 megahertz suggested by the           problems should arise, in most cases
allocation of this spectrum to the                       alternate proposal, would significantly     alternative solutions to use of channels
broadcasting service. Licenses in this 36                increase the cost and weight of public      60–69 will be available. The limited
megahertz of spectrum will be assigned                   safety radio equipment. Further, the 30     potential benefits of retaining channels
to commercial licensees through                          megahertz separation proposed in the        60–69 as a ‘‘safe haven’’ are outweighed
competitive bidding in accordance with                   Notice will allow the design of public      by the costs of delaying much needed
procedures that will be determined in a                  safety equipment more compatible with,      public safety services and opportunities
later proceeding. This 36 megahertz of                   and more easily integrated into, current    for new services. We also find no merit
commercial spectrum can be used to                       public safety systems in the 800 MHz        in the argument that we should remove
make new technologies and services                       band. On balance, we believe that           immediately all TV broadcasting
available to the American public. These                  channels 63, 64, 68, and 69 are most        operations from TV channels 60–69.
proposals are an outgrowth of our                        appropriate for public safety use, and      The operation of some TV and DTV
digital television (DTV) transition plan.                therefore, we are reallocating the 764–     stations in this spectrum is clearly
During the DTV transition, channels 60–                  776 MHz and 794–806 MHz bands to            required to facilitate the DTV transition;
69 will continue to be used for analog                   the fixed and mobile services for this      and the Budget Act provides for this,
and digital TV broadcasting. We are                      purpose.                                    stating ‘‘[a]ny person who holds a
establishing policies for the protection                    3. We reject the argument that           television broadcast license to operate
of such stations during the DTV                          broadcasting should not retain an           between 746 and 806 megahertz may
transition. We are also providing for                    allocation in the 36 megahertz of           not operate at that frequency after the
continued use of TV channels 60–69 on                    commercial spectrum after the DTV           date on which the digital television
a secondary basis for low power TV and                   transition. Commenters generally agreed     service transition period terminates, as
translator stations until the end of the                 that including full power broadcasting      determined by the Commission.’’
DTV transition period.                                   in this spectrum is likely to cause            5. We recognize that the DTV
   2. We do not adopt an alternative                     interference problems with other            transition and the reallocation of TV
proposal to allocate channels 66–69 for                  commercial applications, especially         channels 60–69 to other services will
public safety instead of channels 63, 64,                low-power mobile applications. We           have a significant impact on LPTV and
68, and 69. It is not clear that this                    recognize that technical challenges are     TV translators. While we are committed
alternative proposal would reduce                        involved in sharing spectrum between        to take reasonable steps to reduce the
adjacent channel interference. In any                    full power broadcasting and land mobile     impact on such operations, we are
event, properly crafted technical rules                  services. However, we plan to address       obligated to facilitate the DTV transition
will minimize adjacent channel                           sharing issues in our service rules         and to reallocate the TV channels 60–69
interference. More importantly, this                     proceeding, and are not persuaded that      as directed under the Budget Act.
proposal would have a severe impact on                   such sharing is not feasible. At the same   Section 3004 of the Budget Act states
public safety radio communications                       time, we wish to make it clear that         that anyone holding a television
equipment. We anticipate that much of                    analog TV and DTV operations not            broadcast license in the band ‘‘may not
the public safety communications in the                  licensed by competitive bidding as          operate at that frequency after the date
746–806 MHz band will be two-way.                        provided by the Budget Act will be          on which the digital television
Two-way radios require filtering to                      required to vacate this spectrum in         transition period terminates, as
permit simultaneous transmission and                     accordance with the DTV transition          determined by the Commission.’’ 3 This
reception. Small separations between                     plan. Finally, we find that this            provision of the Budget Act leaves us no
transmit and receive frequencies                         allocation will not deter investment in     latitude in clearing LPTV and TV
increase the size, weight, power                         new communications services or              translator stations from the band at the
requirements, and cost of these radios.                  systems, because the 746–806 MHz            end of the DTV transition period. We
The mobile nature of public safety                       band is highly desirable spectrum for       will permit LPTV and TV translators to
                                                         fixed, mobile, and broadcasting             continue to operate on channels 60–69
  2 The Budget Act provides that this spectrum is        operations, any of which are likely to      until the end of the DTV transition
to be allocated ‘‘for public safety services according   attract investment interest.                period, as long as they do not cause
to the terms and conditions established by the              4. We observe that our DTV transition    harmful interference to primary
Commission, in consultation with the Secretary of        plan is currently under review in a         services. The DTV transition period is
Commerce and the Attorney General.’’ Budget Act
section 3004(a)(1). Section 3004 of the Budget Act
                                                         separate proceeding, and that additional    currently scheduled to end December
defines public safety services as                        DTV allotments are under consideration      31, 2006, but may be extended in some
  Services—                                              for channels 60–69. However, we reject      markets for several reasons.4 In many
  (A) The sole or principal purpose of which is to       the argument that we should avoid           rural areas, LPTV and TV translator
protect the safety of life, health, or property;         reallocating this spectrum in order to      licensees will be able to continue
  (B) That are provided—                                 provide a ‘‘safe haven’’ for addressing
  (i) By State or local government entities; or          problems that may arise during the DTV        3 See Budget Act section 3004 (adding new
  (ii) By nongovernmental organizations that are
authorized by a governmental entity whose primary
                                                         transition. As an initial matter, we note   section 337(e)(1) of the Communications Act).
                                                                                                       4 Budget Act section 3003 (adding new section
mission is the provision of such services; and           that the Budget Act directs the
                                                                                                     309(j)(14) of the Communications Act) establishes
  (C) That are not made commercially available to        Commission to allocate 24 megahertz of      the conditions under which the Commission shall
the public by the provider.                              this spectrum for public safety use and     extend the end of the DTV transition period beyond
  Budget Act section 3004(f)(1).                         36 megahertz for commercial use by          December 31, 2006.
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                       6671

broadcasting because demand for               operating on TV channels 60–69. With                proposals in the Notice, including the
spectrum for both public safety and           regard to DTV, we will protect the full             IRFA. This Final Regulatory Flexibility
commercial applications is likely to be       coverage area until the end of the DTV              Analysis (FRFA) conforms to the RFA,
less in rural areas than in urban areas.      transition period.5 We recognize that               as amended by the Contract With
   6. LPTV operators also can be              stations may not be able to provide full            America Advancement Act of 1996
accommodated in other ways. We will           coverage initially and we do not wish to            (CWAAA), Public Law 104–121, 110
consider whether there are any other          impede growth and development of                    Stat. 847.7
steps that may be of benefit to LPTV and      DTV.
TV translator operations as we develop           9. In the DTV Sixth Further Notice of            A. Need for and Purpose of This Action
service rules for the commercial              Proposed Rule Making, we provided a
spectrum. We emphasize that all the           final opportunity for the filing of new                11. In this Report and Order, the
provisions we made in the DTV                 applications for analog stations for                Commission reallocates the 746–806
Proceeding Sixth Report and Order to          vacant allotments and rule making                   MHz band, television (TV) Channels 60–
accommodate LPTV and TV translator            petitions to add channels to the TV                 69, to other services. We allocate 24
stations also apply to LPTV and TV            Table of Allotments, thereby                        megahertz at 764–776 MHz and 794–806
translator stations in channels 60–69.        accommodating parties who were in the               MHz for public safety use. We allocate
   7. We believe that most holders of TV      process of preparing application and                the remaining 36 megahertz at 746–764
station construction permits in channels      rule making submissions. We are aware               MHz and 776–794 MHz to the fixed and
60–69 are sufficiently advanced in the        of the investment in planning, effort,              mobile services, and to retain the
licensing process that it would be            and money that have been put into these             allocation to the broadcasting service in
inequitable to rescind their permits. At      and other pending applications and                  these bands. We further assure the
the same time, as we pointed out in the       petitions to amend the TV allotment                 protection of full-power TV stations in
Notice, there are outstanding                 table. However, we continue to believe              the band until the transition to digital
construction permits that were issued         that it is important to maximize the                television (DTV) is complete, and retain
years ago, on which there has been little     utility of the 746–806 MHz band for                 the secondary status in the band of Low
progress. In order to ensure that holders     public safety and new commercial                    Power TV (LPTV) and TV translator
of construction permits, both for new         services. For these reasons, we will not            stations until the end of the DTV
facilities and modification of existing       authorize additional new analog full-               transition period. These allocations will
facilities, progress in construction, we      service television stations on channels             help alleviate a critical shortage of
are establishing a deadline by which          60–69. However, we will at a later date             public safety spectrum, make new
construction must be completed. We            provide applicants and petitioners an               technologies and services available to
believe that three years is sufficient time   opportunity to amend their applications             the American public, and allow more
for current construction permits to build     and petitions, if possible, to seek a               efficient use of spectrum in the 746–806
or improve their facilities, and also         channel below channel 60. We will                   MHz band.
provides a date certain for planning          thereafter dismiss any applications or
purposes for public safety agencies and       allotment petitions that are not                    B. Legal Basis
commercial entities. Therefore, we will       satisfactorily amended. We direct the
cancel any construction permit issued                                                               12. This action is taken pursuant to
                                              Mass Media Bureau to announce the                   Sections 4(i), 303(c), 303(f), 303(g),
before the release date of this Report        details of this amendment opportunity
and Order for which no license                                                                    303(r), and 337(a) of the
                                              by Public Notice, at a date after we
application has been filed as of January                                                          Communications Act of 1934, as
                                              complete action on our broadcast
2, 2001.                                                                                          amended, 47 U.S.C. 154(i), 303(c),
                                              auction proceeding and the petitions for
   8. We decline to indefinitely                                                                  303(f), 303(g), 303(r), and 337(a); and
                                              reconsideration in the DTV proceeding.
protected analog TV stations up to their                                                          section 3004 of the Balanced Budget Act
                                              To encourage settlements among
maximum possible coverage. Such a             mutually exclusive applicants, we                   of 1997, Public Law 105–33, 111 Stat.
measure would deny areas of the               authorize the Mass Media Bureau to                  251 section 3004 (1997).
country to public safety and commercial       waive for this special amendment
licensees, even though the current                                                                C. Summary of Issues Raised by the
                                              opportunity the rule which limits                   Public Comments in Response to the
licensees may never increase their            reimbursements of applicants to
coverage to the maximum. Accordingly,                                                             IRFA
                                              legitimate and prudent expenses (47
we will protect analog TV licensees up                                                               13. One commenter responded to the
                                              CFR 73.3525(a)(3)). Finally, we note that
to their actual coverage until the end of                                                         IRFA. The Mountain Broadcasting
                                              all conditions pertaining to the
the DTV transition period. In this                                                                Corporation (Mountain) states that
                                              applications and rule making petitions
regard, we will process requests for                                                              individual small businesses in the
                                              will continue to apply.
minor modifications to existing analog
                                                                                                  televsion broadcasting industry will be
TV stations and construction permits.         Final Regulatory Flexibility Analysis
                                                                                                  harmed by interference and loss of
However, the planning and                       10. As required by the Regulatory                 service resulting from our attempts to
development of new services would be          Flexibility Act (RFA),6 the Commission              clear channels 60–69, while providing
impeded if we were to permit                  incorporated an Initial Regulatory
modifications that increase service area                                                          interference protection for DTV service
                                              Flexibility Analysis (IRFA) of the                  during the DTV transition. Mountain
on an indefinite basis. We believe that       expected significant economic impact
licensees have been aware of the DTV                                                              contends that existing analog UHF
                                              on small entities in the Notice of                  stations must be protected from
transition plan and have had the              Proposed Rule Making (Notice) in this
opportunity to plan necessary                                                                     interference from new DTV stations.8
                                              proceeding. The Commission sought
modifications. Accordingly, as of six         written public comments on the                        7 Public Law 104–121, 110 Stat. 847
months after the release date of this
                                                                                                  (1996)(CWAAA, Subtitle II of the Small Business
Report and Order we will no longer              5 DTV coverage areas are established in the DTV   Regulatory Enforcement Fairness Act of 1996
accept requests for modifications to          Sixth Report and Order, ¶¶ 29–33.                   (SBREFA), codified at 5 U.S.C. 601 et seq.).
increase the service areas of stations          6 5 U.S.C. 603.                                     8 See Mountain Comments at 5–6.
6672          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

D. Changes Made to the Proposed Rules        also applies in determining whether an                   included are establishments primarily
  14. In the Notice in this proceeding,      entity is a small business for purposes                  engaged in television broadcasting and
released July 10, 1997, we proposed to       of the RFA.                                              which produce taped television program
                                                17. Issues in applying the definition of              materials.12 Separate establishments
reallocate the 746–806 MHz band,
                                             a ‘‘small business’’. As discussed below,                primarily engaged in producing taped
currently comprising TV channels 60–
                                             we could not precisely apply the                         television program materials are
69. We proposed to allocate 24
                                             foregoing definition of ‘‘small business’’               classified under another SIC number. 13
megahertz, at 764–776 MHz and 794–
                                             in developing our estimates of the
806 MHz (channels 63, 64, 68, and 69)                                                                    19. There were 1,509 television
                                             number of small entities to which the
to the fixed and mobile services, for the                                                             stations operating in the nation in
                                             rules will apply. Our estimates reflect
exclusive use of public safety services.                                                              1992.14 That number has remained fairly
                                             our best judgments based on the data
We proposed to allocate the remaining        available to us.                                         constant as indicated by the
36 megahertz, at 746–764 MHz and 776–           An element of the definition of ‘‘small               approximately 1,551 operating
794 MHz (channels 60–62 and 65–67) to        business’’ is that the entity not be                     television broadcasting stations in the
the fixed, mobile, and broadcasting          dominant in its field of operation. We                   nation as of February 28, 1997.15 For
services. We stated in the Notice that we    were unable at this time to define or                    199216 the number of television stations
anticipated that licenses in this 36         quantify the criteria that would                         that produced less than $10.0 million in
megahertz of spectrum would be               establish whether a specific television                  revenue was 1,155 establishments, or
assigned through competitive bidding.        station is dominant in its field of                      approximately 77 percent of the 1,509
We also inquired into protection of TV       operation. Accordingly, the following                    establishments.17 Thus, the rules will
stations on channels 60–69 from              estimates of small businesses to which                   affect approximately 1,551 television
interference by new licensees during the     the new rules will apply do not exclude                  stations; approximately 1,194 of those
DTV transition period, but deferred          any television station from the                          stations are considered small
specific interference protection             definition of a small business on this                   businesses.18 These estimates may
standards to a separate proceeding on        basis and are therefore over inclusive to                overstate the number of small entities
service rules for the 746–806 MHz band.      that extent. An additional element of the
We reaffirmed the secondary status of                                                                 since the revenue figures on which they
                                             definition of ‘‘small business’’ is that the             are based do not include or aggregate
LPTV and TV translators in the entire        entity must be independently owned
746–806 MHz band until the end of the                                                                 revenues from non-television affiliated
                                             and operated. As discussed further                       companies. We recognize that the rules
DTV transition period, and inquired          below, we could not fully apply this
whether we should take any other                                                                      may also impact minority and women
                                             criterion, and our estimates of small                    owned stations, some of which may be
measures to accommodate LPTV in the          businesses to which the rules may apply
band.                                                                                                 small entities. In 1995, minorities
                                             may be over inclusive to this extent. The                owned and controlled 37 (3.0%) of
  15. This Report and Order contains no      SBA’s general size standards are
substantial changes to the Notice. The                                                                1,221 commercial television stations in
                                             developed taking into account these two                  the United States.19 According to the
only commenter who addressed the             statutory criteria. This does not
IRFA in the Notice addressed potential       preclude us from taking these factors                    cable and other pay television services. Included in
DTV-to-analog TV interference                into account in making our estimates of                  this industry are commercial, religious, educational
problems. This was not an issue in this      the numbers of small entities.                           and other television stations. Also included here are
proceeding; it was therefore impossible         18. Television station estimates based                establishments primarily engaged in television
to address the comment in this Report                                                                 broadcasting and which produce taped television
                                             on census data. The Notice of Proposed                   program materials.
and Order.                                   Rule Making will affect full service                        12 Economics and Statistics Administration,

E. Description and Estimate of the           television stations, TV translator                       Bureau of Census, U.S. Department of Commerce,
                                             facilities, and LPTV stations. The Small                 supra note 7, Appendix A–9.
Number of Small Entities to Which the                                                                    13 Id.; SIC 7812 (Motion Picture and Video Tape
Proposed Rules Will Apply                    Business Administration defines a
                                                                                                      Production); SIC 7922 (Theatrical Producers and
                                             television broadcasting station that has                 Miscellaneous Theatrical Services (producers of
   16. Definition of a ‘‘small business’’.   no more than $10.5 million in annual                     live radio and television programs).
Under the RFA, small entities may            receipts as a small business.9 Television                   14 FCC News Release No. 31327, Jan. 13, 1993;
include small organizations, small           broadcasting stations consist of                         Economics and Statistics Administration, Bureau of
businesses, and small governmental           establishments primarily engaged in                      Census, U.S. Department of Commerce, supra note
jurisdictions. 5 U.S.C. 601(6). The RFA,     broadcasting visual programs by
                                                                                                      7, Appendix A–9.
                                                                                                         15 FCC News Release No. 7033, March 6, 1997.
5 U.S.C. 601(3), generally defines the       television to the public, except cable                      16 Census for Communications’ establishments are
term ‘‘small business’’ as having the        and other pay television services.10                     performed every five years ending with a ‘‘2’’ or
same meaning as the term ‘‘small             Included in this industry are                            ‘‘7’’. See Economics and Statistics Administration,
business concern’’ under the Small           commercial, religious, educational, and                  Bureau of Census, U.S. Department of Commerce,
Business Act, 15 U.S.C. 632. A small         other television stations.11 Also
                                                                                                      supra note 7, at III.
                                                                                                         17 The amount of $10 million was used to
business concern is one which: (1) is
                                                                                                      estimate the number of small business
independently owned and operated; (2)          9 13 CFR 121.201, Standard Industrial Code (SIC)
                                                                                                      establishments because the relevant Census
is not dominant in its field of operation;   4833 (1996).                                             categories stopped at $9,999,999 and began at
and (3) satisfies any additional criteria      10 Economics and Statistics Administration,            $10,000,000. No category for $10.5 million existed.
established by the Small Business            Bureau of Census, U.S. Department of Commerce,           Thus, the number is as accurate as it is possible to
                                             1992 Census of Transportation, Communications            calculate with the available information.
Administration (‘‘SBA’’). According to       and Utilities, Establishment and Firm Size, Series          18 We use the 77 percent figure of TV stations
the SBA’s regulations, entities engaged      UC92–S–1, Appendix A–9 (1995).                           operating at less than $10 million for 1992 and
in television broadcasting Standard            11 Id. See Executive Office of the President, Office   apply it to the 1997 total of 1551 TV stations to
Industrial Classification (‘‘SIC’’) Code     of Management and Budget, Standard Industrial            arrive at 1,194 stations categorized as small
4833—Television Broadcasting Stations,       Classification Manual (1987), at 283, which              businesses.
                                             describes ‘‘Television Broadcasting Stations (SIC           19 Minority Commercial Broadcast Ownership in
may have a maximum of $10.5 million          Code 4833) as:                                           the United States, U.S. Dep’t of Commerce, National
in annual receipts in order to qualify as      Establishments primarily engaged in broadcasting       Telecommunications and Information
a small business concern. This standard      visual programs by television to the public, except      Administration, The Minority Telecommunications
                 Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                                6673

U.S. Bureau of the Census, in 1987                     television stations with fewer than five               nation.27 This number includes such
women owned and controlled 27 (1.9%)                   full-time employees are exempted from                  entities as states, counties, cities, utility
of 1,342 commercial and non-                           certain EEO reporting and record                       districts and school districts. There are
commercial television stations in the                  keeping requirements.23 We estimate                    no figures available on what portion of
United States.20                                       that the total number of commercial                    this number have populations of fewer
   20. There are currently 4,977 TV                    television stations with 4 or fewer                    than 50,000. However, this number
translator stations and 1,952 LPTV                     employees is 132 and that the total                    includes 38,978 counties, cities and
stations which would be affected by the                number of noncommercial educational                    towns, and of those, 37,566, or 96
allocation policy and other policies in                television stations with 4 or fewer                    percent, have populations of fewer than
this proceeding.21 The Commission does                 employees is 136.24                                    50,000.28 The Census Bureau estimates
not collect financial information of any                  22. We have concluded that the 746–                 that this ratio is approximately accurate
broadcast facility and the Department of               806 MHz band can be recovered                          for all governmental entities. Thus, of
Commerce does not collect financial                    immediately, and that it is in the public              the approximately 85,006 governmental
information on these broadcast                         interest to reallocate this spectrum to                entities, we estimate that 96 percent, or
facilities. We will assume for present                 uses in addition to TV broadcasting. We                81,600, are small entities that may be
purposes, however, that most of these                  believe that such a reallocation is                    affected by our rules.
broadcast facilities, including LPTV                   possible while continuing to protect TV.
stations, could be classified as small                 There are 95 full power TV stations,                   F. Description of Projected Reporting,
businesses. As indicated earlier,                      either operating or with approved                      Record Keeping and Other Compliance
approximately 77 percent of television                 construction permits, in Channel 60–69.                Requirements
stations are designated under this                     There are also nine proposed stations,                   24. None.
analysis as potentially small business.                and approximately 15 stations will be
Given this, LPTV and TV translator                     added during the DTV transition period,                G. Significant Alternatives Considered
stations would not likely have revenues                for a total of approximately 110                       and Rejected
that exceed the SBA maximum to be                      nationwide. There are also
                                                       approximately 1,366 LPTV stations and                     25. We do not provide LPTV and TV
designated as small businesses.
   21. Alternative classification of small             TV translator stations in the band,                    translator stations with the same
television stations. An alternative way                operating on a secondary basis to full                 protection afforded to full-power TV
to classify small television stations is by            power TV stations. We propose to                       stations. Because of the large number of
the number of employees. The                           immediately reallocate the 746–806                     such stations, protecting them would
Commission currently applies a                         MHz band in order to maximize the                      significantly diminish the utility of the
standard based on the number of                        public benefit available from its use.                 746–806 MHz band to both public safety
employees in administering its Equal                      23. The RFA also includes small                     and commercial users. Also, LPTV and
Employment Opportunity (‘‘EEO’’) rule                  governmental entities as a part of the                 TV translator stations are secondary in
for broadcasting.22 Thus, radio or                     regulatory flexibility analysis.25 The                 this band, and we have made public
                                                       definition of a small governmental                     safety and commercial services primary
Development Program (‘‘MTDP’’) (April 1996).           entity is one with a population of fewer               in the band. We affirm measures which
MTDP considers minority ownership as ownership         than 50,000.26 There are approximately                 will allow as many LPTV and TV
of more than 50% of a broadcast corporation’s
                                                       85,006 governmental entities in the                    translator stations as possible to remain
stock, voting control in a broadcast partnership, or                                                          in operation until the end of the DTV
ownership of a broadcasting property as an
individual proprietor. Id. The minority groups         amended by the Small Business Administration           transition period. We continue the
included in this report are Black, Hispanic, Asian,    Reauthorization and Amendments Act of 1994,            secondary status of these stations, so
and Native American.                                   Public Law 103–403, section 301, 108 Stat. 4187        that they will not be required to change
  20 See Comments of American Women in Radio           (1994). However, this definition was adopted after
                                                       public notice and an opportunity for comment. See
                                                                                                              or cease their operations until they
and Television, Inc. in MM Docket No. 94–149 and
MM Docket No. 91–140, at 4 n.4 (filed May 17,          Report and Order in Docket No. 18244, 23 FCC 2d        actually interfere with one of the newly-
1995), citing 1987 Economic Censuses, Women-           430 (1970).                                            allocated services.
                                                          23 See, e.g., 47 CFR 73.3612 (Requirement to file
Owned Business, WB87–1, U.S. Dep’t of Commerce,
Bureau of the Census, August 1990 (based on 1987       annual employment reports on Form 395–B applies        H. Federal Rules That May Duplicate,
Census). After the 1987 Census report, the Census      to licensees with five or more full-time employees);   Overlap, or Conflict With the Proposed
Bureau did not provide data by particular              First Report and Order in Docket No. 21474 (In the     Rules
communications services (four-digit Standard           Matter of Amendment of Broadcast Equal
Industrial Classification (SIC) Code), but rather by   Employment Opportunity Rules and FCC Form                26. None.
the general two-digit SIC Code for communications      395), 70 FCC 2d 1466 (1979). The Commission is
(#48). Consequently, since 1987, the U.S. Census       currently considering how to decrease the              List of Subjects in 47 CFR Part 2
Bureau has not updated data on ownership of            administrative burdens imposed by the EEO rule on
broadcast facilities by women, nor does the FCC        small stations while maintaining the effectiveness      Frequency allocations and radio treaty
collect such data. However, we sought comment on       of our broadcast EEO enforcement. Order and
                                                       Notice of Proposed Rule Making in MM Docket No.
                                                                                                              matters, Radio.
whether the Annual Ownership Report Form 323
should be amended to include information on the        96–16 (In the Matter of Streamlining Broadcast EEO     Federal Communications Commission.
gender and race of broadcast license owners.           Rule and Policies, Vacating the EEO Forfeiture
                                                       Policy Statement and Amending Section 1.80 of the
                                                                                                              William F. Caton,
Policies and Rules Regarding Minority and Female
Ownership of Mass Media Facilities, Notice of          Commission’s Rules to Include EEO Forfeiture           Deputy Secretary.
Proposed Rule Making, 10 FCC Rcd 2788, 2797            Guidelines), 11 FCC Rcd 5154 (1996), 61 FR 9964,
(1995), 60 FR 06068, February 1, 1995.                 March 12, 1996. One option under consideration is      Rules Changes
  21 FCC News Release No. 7033, March 6, 1997.         whether to define a small station for purposes of
  22 The Commission’s definition of a small            affording such relief as one with ten or fewer full-     For the reasons discussed in the
broadcast station for purposes of applying its EEO     time employees. Id. at ¶ 21.                           preamble part 2 of title 47 of the Code
                                                          24 We base this estimate on a compilation of 1995
rule was adopted prior to the requirement of                                                                  of Federal Regulations, is amended as
approval by the Small Business Administration          Broadcast Station Annual Employment Reports
                                                       (FCC Form 395–B), performed by staff of the Equal
                                                                                                              follows:
pursuant to Section 3(a) of the Small Business Act,
15 U.S.C. 632(a), as amended by section 222 of the     Opportunity Employment Branch, Mass Media                27 1992 Census of Governments, U.S. Bureau of

Small Business Credit and Business Opportunity         Bureau, FCC.                                           the Census, U.S. Department of Commerce.
                                                          25 5 U.S.C. 601(5).
Enhancement Act of 1992, Public Law 102–366,                                                                    28 Id.
section 222(b)(1), 106 Stat. 999 (1992), as further       26 Id.
6674            Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

PART 2—FREQUENCY ALLOCATIONS                        a. Remove the existing entries for                NG43, revise footnote NG149, and add
AND RADIO TREATY MATTERS;                         614–790 MHz and 790–806 MHz.                        in numerical order footnotes NG158 and
GENERAL RULES AND REGULATIONS                       b. Add entries in numerical order for             NG159.
                                                  614–746 MHz through 794–806MHz.                       The revisions and additions read as
  1. The authority citation for part 2              c. In the International Footnotes
continues to read as follows:                                                                         follows:
                                                  under heading I., add footnotes S5.293,
  Authority: 47 U.S.C. 154, 302, 303, 307,        S5.296, S5.300, S5.309, S5.310, S5.311,             § 2.106   Table of Frequency Allocations.
and 336, unless otherwise noted.                  S5.312, S5.313, S5.314, S5.315, and                 *     *      *         *   *
  2. Section 2.106, the Table of                  S5.316 in numerical order.
Frequency Allocations, is amended as                d. In the Non-Government (NG)
follows:                                          Footnotes, remove footnotes NG30 and

                     International table                                      United States table                      FCC use designators

                                                                  Government             Non-Government
Region 1—alloca-     Region 2—alloca-        Region 3—alloca-                                                                        Special-use fre-
                                                                                                                 Rule part(s)
    tion MHz             tion MHz                tion MHz                                                                               quencies
                                                                 Allocation MHz           Allocation MHz

        (1)                  (2)                    (3)               (4)                       (5)                    (6)                 (7)

        *                    *                     *                      *                     *                     *                      *
614–746              614–746               614–746              614–746                 614–746             RADIO BROAD-
BROADCASTING         BROADCASTING          FIXED                                        BROADCASTING          CAST (TV) (73)
                     Fixed                 MOBILE                                                           Auxiliary Broad-
                     Mobile                BROADCASTING                                                       casting (74)
S5.296 S5.300        S5.293 S5.309
  S5.311               S5.310
S5.312               S5.311                S5.311                                       NG128 NG149
746–764              746–764               746–764              746–764                 746–764             PRIVATE LAND
BROADCASTING         BROADCASTING          FIXED                                        FIXED                 MOBILE (90)
                     Fixed                 MOBILE                                       MOBILE              RADIO BROAD-
                     Mobile                BROADCASTING                                 BROADCASTING          CAST (TV) (73)
                                                                                                            WIRELESS COM-
                                                                                                              MUNICATIONS
                                                                                                              (27)
                                                                                                            Auxiliary Broad-
                                                                                                              casting (74)
S5.296 S5.300        S5.293 S5.309
  S5.311               S5.310              S5.311                                       NG128 NG159
S5.312               S5.311
764–776              764–776               764–776              764–776                 764–776
BROADCASTING         BROADCASTING          FIXED                                        FIXED               PRIVATE LAND
                     Fixed                 MOBILE                                       MOBILE                MOBILE (90)
                     Mobile                BROADCASTING                                                     Auxiliary Broad-
                                                                                                              casting (74)
S5.312 S5.313
  S5.314
S5.315 S5.316        S5.293 S5.309         S5.311                                       NG128 NG159
                       S5.310
776–790              776–790               776–790              776–790                 776–790
BROADCASTING         BROADCASTING          FIXED                                        FIXED               PRIVATE LAND
                     Fixed                 MOBILE                                       MOBILE                MOBILE (90)
                     Mobile                BROADCASTING                                 BROADCASTING        RADIO BROAD-
                                                                                                              CAST (TV) (73)
                                                                                                            WIRELESS COM-
                                                                                                              MUNICATIONS
                                                                                                              (27)
                                                                                                            Auxiliary Broad-
                                                                                                              casting (74)
S5.312 S5.313
  S5.314
S5.315 S5.316
                     S5.293 S5.309         S5.311                                       NG128 NG158
                       S5.310                                                             NG159
790–794              790–794               790–794              790–794                 790–794
FIXED                BROADCASTING          FIXED                                        FIXED               PRIVATE LAND
BROADCASTING         Fixed                 MOBILE                                       MOBILE                MOBILE (90)
                     Mobile                BROADCASTING                                 BROADCASTING        RADIO BROAD-
                                                                                                              CAST (TV) (73)
                                                                                                            WIRELESS COM-
                                                                                                              MUNICATIONS
                                                                                                              (27)
                                                                                                            Auxiliary Broad-
                                                                                                              casting (74)
                    Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                                            6675

                          International table                                        United States table                     FCC use designators

                                                                         Government             Non-Government
Region 1—alloca-          Region 2—alloca-      Region 3—alloca-                                                                           Special-use fre-
                                                                                                                       Rule part(s)
    tion MHz                  tion MHz              tion MHz                                                                                  quencies
                                                                        Allocation MHz           Allocation MHz

          (1)                     (2)                    (3)                  (4)                      (5)                   (6)                 (7)

S5.312 S5.313
  S5.314
S5.315 S5.316             S5.293 S5.309         S5.311                                         NG128 NG159
                            S5.310
794–806                   794–806               794–806                794–806                 794–806
FIXED                     BROADCASTING          FIXED                                          FIXED                PRIVATE LAND
BROADCASTING              Fixed                 MOBILE                                         MOBILE                 MOBILE (90)
                          Mobile                BROADCASTING                                                        Auxiliary Broad-
                                                                                                                      casting (74)
S5.312 S5.313
  S5.314
S5.315 S5.316             S5.293 S5.309                                                        NG128 NG158
                            S5.310                                                              NG159
           *                      *                       *                      *                    *                       *                    *


International Footnotes                              services, operating in accordance with the              Non-Government (NG) Footnotes
*     *         *     *      *                       Table, which may be affected (see                       *     *     *         *   *
                                                     Resolutions 33 and 507). Such stations shall               NG149 The frequency bands 54–72 MHz,
I. New ‘‘S’’ Numbering Scheme                        not produce a power flux-density in excess              76–88 MHz, 174–216 MHz, 470–512 MHz,
*     *         *     *      *                       of the value-129 dB(W/m2) for angles of                 512–608 MHz, and 614–746 MHz are also
   S5.293 Different category of service: in          arrival less than 20° (see Recommendation               allocated to the fixed service to permit
Chile, Colombia, Cuba, the United States,            705) within the territories of other countries          subscription television operations in
Guyana, Honduras, Jamaica, Mexico and                without the consent of the administrations of           accordance with Part 73 of the rules.
Panama, the allocation of the bands 470–512          those countries.
MHz and 614–806 MHz to the fixed and                    S5.312 Additional allocation: in Armenia,            *     *     *         *   *
mobile services is on a primary basis, (see          Azerbaijan, Belarus, Bulgaria, Georgia,                    NG158 The frequency bands 764–776
No. S5.33), subject to agreement obtained            Hungary, Kazakhstan, Latvia, Lithuania,                 MHz and 794–806 MHz are available for
under Article 14/No. S9.21.                          Moldova, Mongolia, Uzbekistan, Poland,                  assignment exclusively to the public safety
   S5.296 Additional allocation: in                  Kyrgyzstan, Slovakia, the Czech Republic,               services, to be defined in Docket No. WT 96–
Germany, Austria, Belgium, Cyprus,                   Romania, Russia, Tajikistan, Turkmenistan               86.
Denmark, Spain, Finland, France, Ireland,            and Ukraine, the band 645–862 MHz is also                  NG159 Full power analog television
Israel, Italy, Libya, Malta, Morocco, Monaco,        allocated to the aeronautical radionavigation           stations licensed pursuant to applications
Norway, the Netherlands, Portugal, the               service on a primary basis.                             filed before January 2, 2001, and new digital
United Kingdom, Sweden, Switzerland,                    S5.313 Alternative allocation: in Spain              television (DTV) broadcasting operations in
Swaziland, Syria, Tunisia and Turkey, the            and France, the band 790–830 MHz is                     the 746–806 MHz band will be entitled to
band 470–790 MHz is also allocated on a              allocated to the broadcasting service on a              protection from harmful interference until
secondary basis to the land mobile service,          primary basis.                                          the end of the DTV transition period. After
intended for applications ancillary to                  S5.314 Additional allocation: in Austria,            the end of the DTV transition period, the
broadcasting. Stations of the land mobile            Italy, the United Kingdom and Swaziland,                Commission may assign licenses in the 746–
service in the countries mentioned in this           the band 790–862 MHz is also allocated to               806 MHz band without regard to existing
footnote, shall not cause harmful interference       the land mobile service on a secondary basis.           television and DTV operations.
to existing or planned stations operating in            S5.315 Alternative allocation: in Greece,               Low power television and television
accordance with the Table of Frequency               Italy, Morocco and Tunisia, the band 790–               translators in the 746–806 MHz band must
Allocations in countries other than those            838 MHz is allocated to the broadcasting                cease operations in the band at the end of the
listed in this footnote.                             service on a primary basis.                             DTV transition period.
   S5.300 Additional allocation: in Israel,             S5.316 Additional allocation: in                     *     *     *         *   *
Libya, Syria and Sudan, the band 582–790
                                                     Germany, Bosnia and Herzegovina, Burkina                [FR Doc. 98–2757 Filed 2–9–98; 8:45 am]
MHz is also allocated to the fixed and                                   ˆ
                                                     Faso, Cameroon, Cote d’Ivoire, Croatia,
mobile, except aeronautical mobile, services                                                                 BILLING CODE 6712–01–P
                                                     Denmark, Egypt, Finland, Israel, Kenya, The
on a secondary basis.
                                                     Former Yugoslav Republic of Macedonia,
   S5.309 Different category of service: in
                                                     Libya, Liechtenstein, Monaco, Norway, the
Costa Rica, El Salvador and Honduras, the
                                                     Netherlands, Portugal, Sweden, Switzerland
allocation of the band 614–806 MHz to the                                                                    ENVIRONMENTAL PROTECTION
                                                     and Yugoslavia, the band 790–830 MHz, and
fixed service is on a primary basis (see No.                                                                 AGENCY
                                                     in these same countries and in Spain, France,
S5.33), subject to agreement obtained under
                                                     Gabon, Malta and Syria, the band 830–862
Article 14/No. S9.21.                                                                                        48 CFR Parts 1515 and 1525
   S5.310 Additional allocation: in Cuba,            MHz, are also allocated to the mobile, except
the band 614–890 MHz is also allocated to            aeronautical mobile, service on a primary
the radionavigation service on a primary             basis. However, stations of the mobile service          [FRL–5960–1]
basis, subject to agreement obtained under           in the countries mentioned in connection
Article 14/No. S9.21.                                with each band referred to in this footnote             Technical Amendments to Acquisition
   S5.311 Within the frequency band 620–             shall not cause harmful interference to, or             Regulation; Correction of Effective
790 MHz, assignments may be made to                  claim protection from, stations of services             Date Under Congressional Review Act
television stations using frequency                  operating in accordance with the Table in               (CRA)
modulation in the broadcasting-satellite             countries other than those mentioned in
service subject to agreement between the             connection with the band.                               AGENCY: Environmental Protection
administrations concerned and those having           *         *   *      *          *                       Agency (EPA).
6676          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

ACTION:  Final rule; correction of            affected parties have known of the            ENVIRONMENTAL PROTECTION
effective date under CRA.                     underlying rule since November 12,            AGENCY
                                              1997, EPA finds that good cause exists
SUMMARY: On November 12, 1997 (62 FR                                                        48 CFR Part 1552
                                              to provide for an immediate effective
60664), the Environmental Protection          date pursuant to 5 U.S.C. 553(d)(3) and
Agency published in the Federal                                                             [FRL–5959–9]
                                              808(2).
Register a final rule revising the EPA
                                                                                            Technical Amendments to Acquisition
Acquisition Regulation on calculation of      II. Administrative Requirements               Regulation; Coverage on Information
profit or fee, which established an
                                                 Under Executive Order 12866 (58 FR         Resources Management (IRM);
effective date of November 12, 1997.
                                              51735, October 4, 1993), this action is       Correction of Effective Date Under
This document corrects the effective
                                              not a ‘‘significant regulatory action’’ and   Congressional Review Act (CRA)
date of the rule to February 10, 1998, to
be consistent with sections 801 and 808       is therefore not subject to review by the     AGENCY:   Environmental Protection
of the Congressional Review Act (CRA),        Office of Management and Budget. In           Agency (EPA).
enacted as part of the Small Business         addition, this action does not impose         ACTION: Final rule; correction of
Regulatory Enforcement Fairness Act, 5        any enforceable duty or contain any           effective date under CRA.
U.S.C. 801 and 808.                           unfunded mandate as described in the
EFFECTIVE DATE: This rule is effective on     Unfunded Mandates Reform Act of 1995          SUMMARY:   On June 28, 1996 (61 FR
February 10, 1998.                            (Pub. L. 104–4), or require prior             33693), the Environmental Protection
FOR FURTHER INFORMATION CONTACT:              consultation with State officials as          Agency published in the Federal
Judith Koontz, Telephone: (202) 260–          specified by Executive Order 12875 (58        Register a final rule amending its
9887.                                         FR 58093, October 28, 1993), or involve       Acquisition Regulation coverage on
                                              special consideration of environmental        Information Resources Management
SUPPLEMENTARY INFORMATION:
                                              justice related issues as required by         (IRM) by providing electronic access to
I. Background                                 Executive Order 12898 (59 FR 7629,            EPA IRM policies for the Agency’s
                                              February 16, 1994). Because this action       contractors, which established an
   Section 801 of the CRA precludes a
                                                                                            effective date of July 15, 1996. This
rule from taking effect until the agency      is not subject to notice-and-comment
                                                                                            document corrects the effective date of
promulgating the rule submits a rule          requirements under the Administrative
                                                                                            the rule to February 10, 1998, to be
report, which includes a copy of the          Procedure Act or any other statute, it is     consistent with sections 801 and 808 of
rule, to each House of Congress and to        not subject to the regulatory flexibility     the Congressional Review Act (CRA),
the Comptroller General of the General        provisions of the Regulatory Flexibility      enacted as part of the Small Business
Accounting Office (GAO). EPA recently         Act (5 U.S.C. 601 et seq.). EPA’s             Regulatory Enforcement Fairness Act, 5
discovered that it had inadvertently          compliance with these statutes and            U.S.C. 801 and 808.
failed to submit the above rule as            Executive Orders for the underlying rule
required; thus, although the rule was                                                       EFFECTIVE DATE: This rule is effective on
                                              is discussed in November 12, 1997,            February 10, 1998.
promulgated on November 12, 1997 (62          Federal Register document.
FR 60664) by operation of law, the rule                                                     FOR FURTHER INFORMATION CONTACT:
did not take effect on November 12,              Pursuant to 5 U.S.C. 801(a)(1)(A), as      Edward N. Chambers at (202) 260–6028.
1997, as stated therein. Now that EPA         added by the Small Business Regulatory        SUPPLEMENTARY INFORMATION:
has discovered its error, the rule is being   Enforcement Fairness Act of 1996, EPA
submitted to both Houses of Congress          will submit a report containing this rule     I. Background
and the GAO. This document amends             and other required information to the            Section 801 of the CRA precludes a
the effective date of the rule consistent     U.S. Senate, the U.S. House of                rule from taking effect until the agency
with the provisions of the CRA.               Representatives and the Comptroller           promulgating the rule submits a rule
   Section 553 of the Administrative          General of the General Accounting             report, which includes a copy of the
Procedure Act, 55 U.S.C. 553(b)(B),           Office; however, in accordance with 5         rule, to each House of Congress and the
provides that, when an agency for good        U.S.C. 808(2), this rule is effective on      Comptroller General of the General
cause finds that notice and public            February 10, 1998. This rule is not a         Accounting Office (GAO). EPA recently
procedure are impracticable,                  ‘‘major rule’’ as defined in 5 U.S.C.         discovered that it had inadvertently
unnecessary or contrary to the public         804(2).                                       failed to submit the above rule as
interest, an agency may issue a rule                                                        required; thus, although the rule was
                                                 This final rule only amends the
without providing notice and an                                                             promulgated on June 28, 1996 (61 FR
                                              effective date of the underlying rule; it
opportunity for public comment. EPA                                                         33693) by operation of law, the rule did
                                              does not amend any substantive
has determined that there is good cause                                                     not take effect on July 15, 1996, as stated
for making today’s rule final without         requirements contained in the rule.           therein. Now that EPA has discovered
prior proposal and opportunity for            Accordingly, to the extent it is available,   its error, the rule is being submitted to
comment because EPA merely is                 judicial review is limited to the             both Houses of Congress and the GAO.
correcting the effective date of the          amended effective date.                       This document amends the effective
promulgated rule to be consistent with          Dated: January 30, 1998.                    date of the rule consistent with the
the congressional review requirements         Carol Browner,                                provisions of the CRA.
of the Congressional Review Act as a          Administrator.
                                                                                               Section 553 of the Administrative
matter of law and has no discretion in                                                      Procedure Act, 5 U.S.C. 553(b)(B),
                                              [FR Doc. 98–3020 Filed 2–9–98; 8:45 am]
this matter. Thus, notice and public                                                        provides that, when an agency for good
procedure are unnecessary. The Agency         BILLING CODE 6560–50–M                        cause finds that notice and public
finds that this constitutes good cause                                                      procedure are impracticable,
under 5 U.S.C. 553(b)(B). Moreover,                                                         unnecessary or contrary to the public
since today’s action does not create any                                                    interest, an agency may issue a rule
new regulatory requirements and                                                             without providing notice and an
              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations                         6677

opportunity for public comment. EPA           judicial review is limited to the           petition document or other material in
has determined that there is good cause       amended effective date.                     the docket.
for making today’s rule final without           Dated: January 30, 1998.                  SUPPLEMENTARY INFORMATION:
prior proposal and opportunity for            Carol Browner,
comment because EPA merely is                                                             Background
                                              Administrator.
correcting the effective date of the                                                         The purpose of the pressure testing
promulgated rule to be consistent with        [FR Doc. 98–3031 Filed 2–9–98; 8:45 am]     rule (59 FR 29379; June 7, 1994) is to
the congressional review requirements         BILLING CODE 6560–50–M                      ensure that certain older hazardous
of the Congressional Review Act as a                                                      liquid and carbon dioxide pipelines
matter of law and has no discretion in                                                    have an adequate safety margin between
this matter. Thus, notice and public          DEPARTMENT OF TRANSPORTATION                their maximum operating pressure and
procedure are unnecessary. The Agency                                                     test pressure. The rule applied to those
finds that this constitutes good cause        Research and Special Programs               pipelines never pressure tested
under 5 U.S.C. 553(b)(B). Moreover,           Administration                              according to current standards. The
since today’s action does not create any                                                  compliance dates for pressure testing
                                              49 CFR Part 195
new regulatory requirements and                                                           the older pipelines have been extended.
affected parties have known of the            [Docket No. PS–121; Notice–2]               (62 FR 54591; October 21, 1997). The
underlying rule since June 28, 1996,          RIN 2137–AB46                               extension is to allow for consideration
EPA finds that good cause exists to                                                       of rulemaking providing an alternative
provide for an immediate effective date       Pressure Testing Older Hazardous            to pressure testing in certain
pursuant to 5 U.S.C. 553(d)(3) and            Liquid and Carbon Dioxide Pipelines         circumstances. This alternative to
808(2).                                                                                   pressure testing is based on a petition
                                              AGENCY:  Research and Special Programs      from API.
II. Administrative Requirements               Administration (RSPA), DOT.                    In its petitions for reconsideration of
   Under Executive Order 12866 (58 FR         ACTION: Response to petitions for           the final rule, API raised three issues
51735, October 4, 1993), this action is       reconsideration; request for comments.      and Williams raised two issues. The
not a ‘‘significant regulatory action’’ and                                               most significant issue raised by both
is therefore not subject to review by the     SUMMARY:   On June 7, 1994, RSPA issued     API and Williams related to the
Office of Management and Budget. In           a final rule amending existing              prohibition of testing with petroleum.
addition, this action does not impose         regulations for liquid and carbon           The pressure testing rule prohibited the
any enforceable duty or contain any           dioxide pipeline facilities. The rule       use of petroleum as a test medium in
unfunded mandate as described in the          required the hydrostatic pressure testing   pressure testing such pipelines. RSPA
Unfunded Mandates Reform Act of 1995          of certain older pipelines that were        withdrew the prohibition by
(Pub. L. 104–4), or require prior             never pressure tested to current            amendment of the pressure testing rule
consultation with State officials as          standards. The American Petroleum           on August 11, 1994 in the Federal
specified by Executive Order 12875 (58        Institute (Petitioner or API) and           Register (59 FR 41259).
FR 58093, October 28, 1993), or involve       Williams Pipe Line Company (Petitioner
special consideration of environmental        or Williams) filed Petitions for            Remaining Issues in Petitions
justice related issues as required by         Reconsideration (petitions) concerning      Disposal of Test Water
Executive Order 12898 (59 FR 7629,            certain provisions of the final rule. In
February 16, 1994). Because this action       response to these petitions, this              API asserted that the final rule did not
is not subject to notice-and-comment          document clarifies certain provisions of    adequately address its comments
requirements under the Administrative         the final rule and seeks comments on        concerning problems with obtaining
Procedure Act or any other statute, it is     one issue.                                  permits to acquire and dispose of test
not subject to the regulatory flexibility                                                 water. API reiterated concerns raised in
                                              DATES: Interested persons are invited to
provisions of the Regulatory Flexibility                                                  its comments submitted during the
                                              submit comments on this notice by           pressure testing rulemaking comment
Act (5 U.S.C. 601 et seq.). EPA’s             April 13, 1998. Late filed comments will
compliance with these statutes and                                                        period. Specifically, API asked that
                                              be considered to the extent practicable.    RSPA issue administrative procedures,
Executive Orders for the underlying rule
is discussed in June 28, 1996, Federal        ADDRESSES: Written comments must be         perhaps in conjunction with the
Register document.                            submitted in duplicate and mailed or        Environmental Protection Agency
   Pursuant to 5 U.S.C. 801(a)(1(A), as       hand-delivered to the OPS, Room 2335,       (EPA), that would facilitate the process
added by the Small Business Regulatory        U.S. Department of Transportation, 400      of obtaining permits to acquire and
Enforcement Fairness Act of 1996, EPA         Seventh Street, SW., Washington, DC         dispose of test water. In its petition, API
will submit a report containing this rule     20590–0001. Identify the docket and         claimed that RSPA’s coordination effort
and other required information to the         notice number stated in the heading of      ‘‘has not reached the appropriate
U.S. Senate, the U.S. House of                this notice. Alternatively, comments        persons within EPA so that it has any
Representatives and the Comptroller           may be submitted via e-mail to              impact on the ability of an operator to
General of the General Accounting             ‘‘ops.comments@rspa.dot.gov’’.              obtain a permit or waiver.’’
Office; however, in accordance with 5         Comments will become part of this           Furthermore, API stated that some of its
U.S.C. 808(2), this rule is effective on      docket and will be available for            member companies have been
February 10, 1998. This rule is not a         inspection or copying in Room 2335          attempting to get EPA’s attention on the
‘‘major rule’’ as defined in 5 U.S.C.         between 8:30 a.m. and 5:00 p.m. each        subject of permits for hydrostatic test
804(2).                                       business day.                               water for several years with little
   This final rule only amends the            FOR FURTHER INFORMATION CONTACT:            success. API claimed that member
effective date of the underlying rule; it     Mike Israni, (202) 366–4571, or e-mail:     companies in EPA Region VI have
does not amend any substantive                mike.israni@rspa.dot.gov, regarding the     experienced ‘‘delays of years in
requirements contained in the rule.           subject matter of this document, or OPS     obtaining permits, with some permits
Accordingly, to the extent it is available,   (202) 366–4046, for copies of this          never issued.’’ API stated that, because
6678          Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Rules and Regulations

Texas and Louisiana do not have EPA           carbon dioxide pipelines. Further,          in terminal areas which are addressed in
approved state programs for issuing EPA       § 195.306(d) permits the use of air or      the Williams petition.) However, RSPA
disposal permits, operators must obtain       inert gas as the test medium in low-        did not apply the pressure testing
permits from both the state and EPA in        stress pipelines.                           requirements of Subpart E to these
Texas and Louisiana (both in EPA                                                          previously unregulated low-stress
                                              Terminal Piping
Region VI). In addition, API claimed                                                      pipelines except for replacements,
that its member companies have                   Williams disagreed that piping           relocations, and lines carrying highly
experienced similar delays in obtaining       systems within terminals need to be         volatile liquids (HVL).
water disposal permits in other EPA           tested. Terminal piping includes               The piping at Williams’ terminal is
regions. As a result, API asserted that       receiving and reinjection lines, both       designed with relief valves which
operators will not be able to obtain such     connected by piping to breakout tanks.      ensure that the piping will never
permits, and will be unable to schedule       Williams believes that terminal piping      experience pressure at or exceeding
testing to meet the compliance                systems should be exempt from the           20% SMYS. If the same rationale used
deadlines established in the final rule.      testing requirements of the regulation.     in the low-stress pipeline rule is
   Response—RSPA has written to the           Williams’ position is that the final rule   applied, pressure testing may not be
Assistant Administrator for Water             was issued to test older high pressure      needed for safety as long as the piping
requesting that EPA give prompt               ‘‘pipes’’ in cross-country pipelines.       does not transport HVL. However, RSPA
attention to requests from operators for      Williams offered the following reasons      wants to explore this issue further by
National Pollutants Discharge                 not to test such systems.                   inviting comments from the public on
Elimination System (NPDES) permits to            1. Williams’ low pressure piping         the following issues:
dispose of test water used to comply          systems operate below 275 psi, below 20        (1) Should a segment of pipeline
with the final rule. We have provided         percent of specified minimum yield          system (such as pipeline within
EPA headquarters with information             strength (SMYS).                            terminal, or tank farm) which is
regarding delays in issuing permits.             2. The ERW or seamless piping in the     designed and operated so that stress
RSPA believes that EPA will provide           low-pressure systems are generally          levels can never exceed 20% SMYS
permits to dispose of test water. If an       Grade B pipe of standard wall               qualify for an exemption from pressure
operator cannot obtain such a permit,         construction in pipe sizes of 6, 8, 10,     testing?
this would be a basis for a waiver            and 12 inch diameter with maximum              (2) Should we require pressure testing
request. In addition, as already noted,       operating pressures (MOP) of 2130,          of piping in terminals and tank farms
RSPA intends to publish an NPRM on            1881, 1711, and 1482 psi, respectively.     based on risk (considering such risk
an alternative to pressure testing in the        3. These low-pressure piping systems     factors as location, history of corrosion
near future. If adopted, the alternative      have series 150 American National           leaks, weld type, underground or above
would at times allow an operator to           Standard Institute (ANSI) flanges good      ground terminal piping, percentage of
elect a means of ensuring the integrity       only for 275 psi MOP, well under 20         lines under corrosion protection, etc.)?
of its pipeline other than pressure           percent SMYS.                                  As noted above, the requirement for
testing. This would avoid the need to            4. These low-pressure piping systems     pressure testing has been stayed to
dispose of test water.                        are protected by full-flow low pressure     allow completion of rulemaking on a
                                              manifold relief systems set to operate at   risk-based approach to pressure testing.
Inert Gas as Test Medium                      275 psi in accordance with 49 CFR           This stay should provide sufficient time
  Petitioner asserts that the final rule      § 195.406(b).                               for RSPA to evaluate comments received
results in the prohibition of any test           5. A one-time pressure leak test         in response to this request and to decide
medium other than water, although             provides an insignificant amount of         on a course of action. In any case, until
some companies use inert gas to test          protection for the public safety and the    these comments are evaluated and a
short segments of line. API states that       environment.                                course of action is decided on, RSPA
inert gas testing accomplishes the same          6. Williams has no records of any        will not enforce the requirement for
purpose as hydrotesting.                      seam failures occurring in ERW pipe         pressure testing within terminal areas
  Response—The use of inert gas in lieu       within its terminal boundaries.             that are designed and operated so that
of water or liquid petroleum as test             Response—In another final rule           stress levels can never exceed 20%
medium was not raised in the proposed         issued after Williams filed the petition    SMYS.
rulemaking. Therefore, we can not             for reconsideration (Transportation of
address it in this response to petition for   Hazardous Liquids at 20 percent or Less       Issued in Washington D.C. on February 5,
reconsideration of the pressure test rule.    of Specified Minimum Yield Strength         1998.
However, § 195.306(c) allows, under           (59 FR 35465; July 12, 1994)), RSPA         Richard B. Felder,
specified conditions, the use of inert gas    extended Part 195 to cover certain          Associate Administrator for Pipeline Safety.
or carbon dioxide as a test medium            previously unregulated low-stress           [FR Doc. 98–3345 Filed 2–9–98; 8:45 am]
rather than water or petroleum for            pipelines. (These did not include piping    BILLING CODE 4910–60–P
                                                                                                                                6679

Proposed Rules                                                                               Federal Register
                                                                                             Vol. 63, No. 27

                                                                                             Tuesday, February 10, 1998



This section of the FEDERAL REGISTER             inspection in the Office of the Docket      parties may file suit in court. Under
contains notices to the public of the proposed   Clerk during regular business hours.        section 608c(15)(A) of the Act, any
issuance of rules and regulations. The           FOR FURTHER INFORMATION CONTACT:            handler subject to an order may file
purpose of these notices is to give interested                                               with the Secretary a petition stating that
                                                 Doris Jamieson, Southeast Marketing
persons an opportunity to participate in the
                                                 Field Office, Fruit and Vegetable           the order, any provision of the order, or
rule making prior to the adoption of the final
rules.                                           Programs, AMS, USDA, P.O. Box 2276,         any obligation imposed in connection
                                                 Winter Haven, FL 33883–2276;                with the order is not in accordance with
                                                 telephone: (941) 299–4770, Fax: (941)       law and request a modification of the
DEPARTMENT OF AGRICULTURE                        299–5169; or George Kelhart, Technical      order or to be exempted therefrom. Such
                                                 Advisor, Marketing Order                    handler is afforded the opportunity for
Agricultural Marketing Service                   Administration Branch, Fruit and            a hearing on the petition. After the
                                                 Vegetable Programs, AMS, USDA, room         hearing the Secretary would rule on the
7 CFR Parts 911 and 915                          2525–S, P.O. Box 96456, Washington,         petition. The Act provides that the
[Docket No. FV98–911–1 PR]                       DC 20090–6456; telephone: (202) 720–        district court of the United States in any
                                                 2491, Fax: (202) 205–6632. Small            district in which the handler is an
Limes and Avocados Grown in Florida;             businesses may request information on       inhabitant, or has his or her principal
Establishment of a Continuing                    compliance with this regulation by          place of business, has jurisdiction to
Assessment Rate for Limes and a                  contacting Jay Guerber, Marketing Order     review the Secretary’s ruling on the
Decrease in the Continuing                       Administration Branch, Fruit and            petition, provided an action is filed not
Assessment Rate for Avocados                     Vegetable Programs, AMS, USDA, room         later than 20 days after the date of the
                                                 2525–S, P.O. Box 96456, Washington,         entry of the ruling.
AGENCY:  Agricultural Marketing Service,         DC 20090–6456; telephone: (202) 720–
USDA.                                                                                           This rule would establish an
                                                 2491, Fax: (202) 205–6632.                  assessment rate for the LAC for the
ACTION: Proposed rule.
                                                 SUPPLEMENTARY INFORMATION: This rule        1998–99 and subsequent fiscal years of
SUMMARY: This rule would establish an            is issued under Marketing Agreement         $0.16 per bushel container. This rule
assessment rate for the Lime                     No. 126 and Marketing Order No. 911,        would also decrease the assessment rate
Administrative Committee (LAC) under             both as amended (7 CFR part 911),           established for the AAC for the 1998–99
Marketing Order No. 911 for the 1998–            regulating the handling of limes grown      and subsequent fiscal years from $0.16
99 and subsequent fiscal years and               in Florida, and Marketing Agreement         per bushel container to $0.08 per bushel
decrease the assessment rate established         No. 121 and Marketing Order No. 915,        container.
for the Avocado Administrative                   both as amended (7 CFR part 915),              The Florida lime and avocado
Committee (AAC) under Marketing                  regulating the handling of avocados         marketing orders provide authority for
Order No. 915 for the 1998–99 and                grown in Florida, hereinafter referred to   the Committees, with the approval of
subsequent fiscal years. The Lime and            as the ‘‘orders.’’ The marketing            the Department, to formulate an annual
Avocado Administrative Committees                agreements and orders are effective         budget of expenses and collect
(Committees) are responsible for local           under the Agricultural Marketing            assessments from handlers to administer
administration of the marketing orders           Agreement Act of 1937, as amended (7        the programs. The members of the
which regulate the handling of limes             U.S.C. 601–674), hereinafter referred to    Committees are producers and handlers
and avocados grown in Florida.                   as the ‘‘Act.’’                             of Florida limes and avocados. They are
Authorization to assess lime and                    The Department of Agriculture
                                                                                             familiar with the Committees’ needs and
avocado handlers enables the                     (Department) is issuing this rule in
                                                                                             with the costs for goods and services in
Committees to incur expenses that are            conformance with Executive Order
                                                                                             their local areas and are thus in a
reasonable and necessary to administer           12866.
                                                    This rule has been reviewed under        position to formulate appropriate
the programs. The fiscal years begin                                                         budgets and assessment rates. The
                                                 Executive Order 12988, Civil Justice
April 1 and end March 31. The                                                                assessment rates are formulated and
                                                 Reform. Under the marketing orders
assessment rates would remain in effect                                                      discussed in public meetings. Thus, all
                                                 now in effect, Florida lime and avocado
indefinitely unless modified,                                                                directly affected persons have an
                                                 handlers are subject to assessments.
suspended, or terminated.                                                                    opportunity to participate and provide
                                                 Funds to administer the orders are
DATES: Comments must be received by              derived from such assessments. It is        input.
March 12, 1998.                                  intended that the assessment rates as          For the 1996–97 and subsequent fiscal
ADDRESSES: Interested persons are                issued herein would be applicable to all    years, the AAC recommended, and the
invited to submit written comments               assessable limes and avocados               Department approved, an assessment
concerning this rule. Comments must be           beginning April 1, 1998, and continue       rate that would continue in effect from
sent in triplicate to the Docket Clerk,          until amended, suspended, or                fiscal year to fiscal year indefinitely
Fruit and Vegetable Programs, AMS,               terminated. This rule would not             unless modified, suspended, or
USDA, room 2525–S, P.O. Box 96456,               preempt any State or local laws,            terminated by the Secretary upon
Washington, DC 20090–6456; Fax: (202)            regulations, or policies, unless they       recommendation and information
205–6632. Comments should reference              present an irreconcilable conflict with     submitted by the Committee or other
the docket number and the date and               this rule.                                  information available to the Secretary.
page number of this issue of the Federal            The Act provides that administrative     The LAC has not assessed handlers
Register and will be available for public        proceedings must be exhausted before        since the 1995–96 fiscal year. It has
6680             Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

used reserve funds to cover authorized      assessments, along with interest income     those having annual receipts less than
expenses.                                   and funds from the Committees’              $500,000, and small agricultural service
   The Committees met on December 10,       authorized reserves, would be adequate      firms are defined as those whose annual
1997, and the LAC unanimously               to cover budgeted expenses. Funds in        receipts are less than $5,000,000.
recommended 1998–99 expenditures of         the reserves would be kept within the          Based on the Florida Agricultural
$130,785 and an assessment rate of          maximum permitted by the orders.            Statistical Service and Committee data,
$0.16 per bushel container of limes. The    (§§ 911.42 and 915.42—three fiscal          the average price for fresh limes during
AAC also met on December 10, 1997,          years’ operational expenses). Reserves      the 1995–96 season was $8.05 per 88
and unanimously recommended 1998–           for limes are currently around $100,000,    pound box equivalent and total
99 expenditures of $166,844 and an          and reserves for avocados stand at          shipments were 371,413 bushels.
assessment rate of $0.08 per bushel         around $250,000.                            Approximately 20 percent of all
container of avocados.                         The proposed assessment rates would      handlers handled 86 percent of Florida
   In comparison, last year’s budgeted      continue in effect indefinitely unless      lime shipments. The average price for
expenditures were $101,630 for the LAC      modified, suspended, or terminated by       fresh avocados during the 1996–97
and $123,000 for the AAC. The               the Secretary upon recommendation           season was $13.20 per 55 pound bushel
assessment rate for the LAC of $0.16 is     and information submitted by the            box equivalent for all domestic
the same as the rate established for the    Committees or other available               shipments and the total shipments were
1995–96 fiscal year, the last year          information.                                917,861 bushels. Approximately 10
handlers were assessed. The assessment         Although these assessment rates are      percent of all handlers handled 90
rate for the AAC of $0.08 is $0.08 lower    effective for an indefinite period, the     percent of Florida avocado shipments.
than the rate currently in effect.          Committees will continue to meet prior      Many lime and avocado handlers ship
   In an effort to reduce industry costs    to or during each fiscal year to            other tropical fruit and vegetable
and assist with the recovery from           recommend budgets of expenses and           products which are not included in the
Hurricane Andrew which hit southern         consider recommendations for                committee data but would contribute
Florida in August of 1992, the LAC has      modification of the assessment rates.       further to handler receipts.
been operating from its reserve funds for   The dates and times of Committee               Using the average prices, about 90
the past two years. With the lime           meetings are available from the             percent of lime and avocado handlers
industry beginning to recover and           Committees or the Department.               could be considered small businesses
reserve funds reduced, the LAC voted to     Committee meetings are open to the          under the SBA definition and about 10
establish an assessment rate to cover       public and interested persons may           percent of the handlers could be
operating expenses.                         express their views at these meetings.      considered large businesses. The
   The AAC has excess reserve funds.        The Department will evaluate                majority of Florida lime and avocado
They voted to decrease the assessment       Committee recommendations and other         producers and handlers may be
rate and use reserve funds to cover         available information to determine          classified as small entities.
operating expenses and reduce reserve       whether modification of the assessment         This rule would establish an
levels.                                     rates are needed. Further rulemaking        assessment rate for the LAC and
   The major expenditures                   will be undertaken as necessary. The        collected from handlers for the 1998–99
recommended by the LAC for the 1998–        Committees’ 1998–99 budgets and those       and subsequent fiscal years of $0.16 per
99 year include $46,000 for salaries,       for subsequent fiscal years will be         bushel container. The LAC unanimously
$25,000 for local and national              reviewed and, as appropriate, approved      recommended 1998–99 expenditures of
enforcement, $9,448 for employee            by the Department.                          $130,785 and an assessment rate of
benefits, $9,000 for research, $8,287 for      Pursuant to requirements set forth in    $0.16 per bushel container for 1998–99
insurance and bonds, and $4,500 for         the Regulatory Flexibility Act (RFA), the   and subsequent fiscal years. The
travel. The LAC budgeted expenses for       Agricultural Marketing Service (AMS)        assessment rate of $0.16 is the same as
these items in 1997–98 were $40,000,        has considered the economic impact of       the rate established for the 1995–96
$15,595, $5,500, $5,000, $0, and $3,000,    this rule on small entities. Accordingly,   fiscal year, the last year handlers were
respectively.                               AMS has prepared this initial regulatory    assessed. The quantity of assessable
   The major expenditures                   flexibility analysis.                       limes for the 1998–99 fiscal year is
recommended by the AAC for the 1998–           The purpose of the RFA is to fit         estimated at 600,000 containers. Thus,
99 year include $46,000 for salaries,       regulatory actions to the scale of          the $0.16 rate for limes should provide
$34,000 for research, $32,000 for local     business subject to such actions in order   $96,000 in assessment income. The
and national enforcement, $9,778 for        that small businesses will not be unduly    assessment income, along with interest
employee benefits, $8,516 for insurance     or disproportionately burdened.             income and funds from the Committee’s
and bonds, and $7,000 for travel. The       Marketing orders issued pursuant to the     authorized reserve, would be adequate
AAC budget expenses for these items in      Act, and the rules issued thereunder, are   to cover budgeted expenses for 1998–99.
1997–98 were $40,000, $7,000, $26,595,      unique in that they are brought about          This rule would also decrease the
$6,380, $7,937, and $7,000, respectively.   through group action of essentially         assessment rate established for the AAC
   The assessment rates recommended         small entities acting on their own          and collected from handlers for the
by the Committees were derived by           behalf. Thus, both statutes have small      1998–99 and subsequent fiscal years
dividing anticipated expenses by            entity orientation and compatibility.       from $0.16 per bushel container to $0.08
expected shipments of Florida limes            There are approximately 111              per bushel container. The AAC
and avocados. Lime shipments for the        producers of limes and 141 producers of     unanimously recommended 1998–99
year are estimated at 600,000 bushel        avocados in the production area and         expenditures of $166,844 and an
containers which should provide             approximately 33 lime handlers and 49       assessment rate of $0.08 per bushel
$96,000 in assessment income. Avocado       avocado handlers subject to regulation      container of avocados. The assessment
shipments for the year are estimated at     under the marketing orders. Small           rate of $0.08 is $0.08 lower than the
90,000 bushel containers which should       agricultural producers have been            1997–98 rate. The quantity of assessable
provide $72,000 in assessment income.       defined by the Small Business               avocados for the 1998–99 fiscal year is
Income derived from handler                 Administration (13 CFR 121.601) as          estimated at 900,000 containers. Thus,
                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                             6681

the $0.08 rate for avocados should          Therefore, the estimated assessment          action which was unanimously
provide $72,000 in assessment income.       revenue for the 1998–99 crop year as a       recommended by the Committees at a
The assessment income, along with           percentage of total grower revenue           public meeting and is similar to other
interest income and funds from the          could range between 1.6 and 3.8              assessment rate actions issued in past
Committee’s authorized reserve, would       percent.                                     years.
be adequate to cover budgeted expenses.        A review of historical information
                                                                                         List of Subjects
   Due to the devastation of Hurricane      indicates that the grower price for the
Andrew in August of 1992, the LAC has       1998–99 season could range between           7 CFR Part 911
been operating from its reserve funds for   $13.20 and $14.90 per container of
the past two years. The industry has        avocados. Therefore, the estimated             Limes, Marketing agreements,
now adequately recovered from the loss.     assessment revenue for the 1998–99           Reporting and recordkeeping
In order not to deplete reserve funds       crop year as a percentage of total grower    requirements.
further, the LAC voted to establish an      revenue could range between .5 and .6        7 CFR Part 915
assessment rate for 1998–99 and             percent.
subsequent fiscal years. The                   This action would increase the              Avocados, Marketing agreements,
assessments, along with interest income     assessment obligation imposed on lime        Reporting and recordkeeping
and reserves, would cover committee         handlers and decrease the assessment         requirements.
operating expenses.                         obligation imposed on avocado
   The AAC has a surplus in its reserve     handlers. While assessments impose             For the reasons set forth in the
fund. The AAC voted to decrease the         some additional costs on handlers, the       preamble, 7 CFR parts 911 and 915 are
assessment rate and use funds from the      costs are minimal and uniform on all         proposed to be amended as follows:
reserves. The assessments, along with       handlers. Some of the additional costs         1. The authority citation for both 7
interest income and reserves, would         may be passed on to producers.               CFR parts 911 and 915 continues to read
cover committee operating expenses.         However, these costs would be offset by      as follows:
   The LAC reviewed and unanimously         the benefits derived by the operation of       Authority: 7 U.S.C. 601–674.
recommended 1998–99 expenditures of         the marketing orders. In addition, the
$130,785 which include increases in         Committees’ meetings were widely             PART 911—LIMES GROWN IN
salaries, office space, aerial photo/tree   publicized throughout the Florida lime       FLORIDA
count, and office equipment. The AAC        and avocado industries and all
reviewed and unanimously                    interested persons were invited to             2. A new subpart titled ‘‘Assessment
recommended 1998–99 expenditures of         attend the meetings and participate in       Rates’’ and a new § 911.234 are
$166,844 which include increases in         deliberations on all issues. Like all LAC    proposed to be added to read as follows:
salaries, office space, and aerial photo/   and AAC meetings, the December 10,
                                                                                           Note: This section will appear in the Code
tree count. Prior to arriving at this       1997, meetings were public meetings          of Federal Regulations.
budget, the Committees considered           and all entities, both large and small,
information from various sources, such      were able to express views on this issue.    Subpart—Assessment Rates
as the Committees’ Budget                   Finally, interested persons are invited to
Subcommittee. Alternative expenditure       submit information on the regulatory         § 911.234   Assessment rate.
levels were discussed by these groups,      and informational impacts of this action       On and after April 1, 1998, an
based upon the relative value of various    on small businesses.                         assessment rate of $0.16 per bushel
research projects to the lime and              This proposed rule would impose no        container is established for Florida
avocado industries. The LAC budgeted        additional reporting or recordkeeping        limes.
$9,000 and the AAC budgeted $34,000         requirements on either small or large
for research.                               Florida lime and avocado handlers. As        PART 915—AVOCADOS GROWN IN
   The assessment rate of $0.16 per         with all Federal marketing order             SOUTH FLORIDA
bushel container of assessable limes was    programs, reports and forms are
then determined by dividing the total       periodically reviewed to reduce                3. A new subpart titled ‘‘Assessment
recommended budget by the quantity of       information requirements and                 Rates’’ is proposed to be added and
assessable limes, estimated at 600,000      duplication by industry and public           § 915.235 is proposed to be revised to
bushel containers for the 1998–99 fiscal    sector agencies.                             read as follows:
year. This is approximately $35,000            The Department has not identified
                                                                                           Note: This section will appear in the Code
below the anticipated expenses, which       any relevant Federal rules that              of Federal Regulations.
the LAC determined to be acceptable.        duplicate, overlap, or conflict with this
The assessment rate of $0.08 per bushel     rule.                                        Subpart—Assessment Rates
container of assessable avocados was           A 30-day comment period is provided
then determined by dividing the total       to allow interested persons to respond       § 915.235   Assessment rate.
recommended budget by the quantity of       to this proposed rule. Thirty days is          On and after April 1, 1998, as
assessable avocados, estimated at           deemed appropriate because: (1) The          assessment rate of $0.08 per bushel
900,000 bushel containers for the 1998–     Committees need to have sufficient           container is established for South
99 fiscal year. This is approximately       funds to pay expenses which are              Florida avocados.
$171,000 below the anticipated              incurred on a continuous basis; (2) the
expenses, which the AAC determined to       1998–99 fiscal years begin on April 1,         Dated: February 4, 1998.
be acceptable.                              1998, and the orders require that the        Robert C. Keeney,
   A review of historical information       rates of assessment for each fiscal year     Deputy Administrator, Fruit and Vegetable
indicates that the grower price for the     apply to all assessable limes and            Programs.
1998–99 season could range between          avocados handled during such fiscal          [FR Doc. 98–3286 Filed 2–9–98; 8:45 am]
$4.16 and $9.50 per container of limes.     years; and (3) handlers are aware of this    BILLING CODE 3410–02–P
6682              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

DEPARTMENT OF TRANSPORTATION               proposed rule by submitting such            Explanation of Relevant Service
                                           written data, views, or arguments as        Information
Federal Aviation Administration            they may desire. Communications shall
                                           identify the Rules Docket number and           The manufacturer has issued British
14 CFR Part 39                             be submitted in triplicate to the address   Aerospace Service Bulletin ATP–32–80,
[Docket No. 97–NM–226–AD]                  specified above. All communications         Revision 1, dated July 9, 1997, which
                                           received on or before the closing date      describes procedures for repetitive
RIN 2120–AA64
                                           for comments, specified above, will be      inspections of the brake hydraulic
Airworthiness Directives; British          considered before taking action on the      accumulators for corrosion, in the
Aerospace BAe Model ATP Airplanes          proposed rule. The proposals contained      vicinity of the mounting straps. The
                                           in this notice may be changed in light      service bulletin also describes
AGENCY: Federal Aviation                   of the comments received.                   procedures for removal of any light
Administration, DOT.
                                             Comments are specifically invited on      surface corrosion found, application of
ACTION: Notice of proposed rulemaking
                                           the overall regulatory, economic,           protective treatment and restoration of
(NPRM).
                                           environmental, and energy aspects of        the paint finish; and/or, replacement of
SUMMARY: This document proposes the        the proposed rule. All comments             the accumulators with serviceable parts;
adoption of a new airworthiness            submitted will be available, both before    if necessary. The CAA classified this
directive (AD) that is applicable to       and after the closing date for comments,    service bulletin as mandatory and
certain British Aerospace BAe Model        in the Rules Docket for examination by      issued British airworthiness directive
ATP airplanes. This proposal would         interested persons. A report                004–06–97 in order to assure the
require repetitive inspections to detect   summarizing each FAA-public contact         continued airworthiness of these
corrosion of the brake hydraulic           concerned with the substance of this        airplanes in the United Kingdom.
accumulators in the vicinity of the        proposal will be filed in the Rules
mounting straps; and corrective actions,   Docket.                                     FAA’s Conclusions
if necessary. This proposal is prompted      Commenters wishing the FAA to               This airplane model is manufactured
by issuance of mandatory continuing        acknowledge receipt of their comments       in the United Kingdom and is type
airworthiness information by a foreign     submitted in response to this notice        certificated for operation in the United
civil airworthiness authority. The         must submit a self-addressed, stamped       States under the provisions of section
actions specified by the proposed AD       postcard on which the following             21.29 of the Federal Aviation
are intended to detect and correct         statement is made: ‘‘Comments to
corrosion of the brake hydraulic                                                       Regulations (14 CFR 21.29) and the
                                           Docket Number 97–NM–226–AD.’’ The           applicable bilateral airworthiness
accumulators, which could lead to loss     postcard will be date stamped and
of hydraulic pressure and consequent                                                   agreement. Pursuant to this bilateral
                                           returned to the commenter.
loss of braking capability of the                                                      airworthiness agreement, the CAA has
airplane.                                  Availability of NPRMs                       kept the FAA informed of the situation
DATES: Comments must be received by                                                    described above. The FAA has
                                             Any person may obtain a copy of this      examined the findings of the CAA,
March 12, 1998.                            NPRM by submitting a request to the
ADDRESSES: Submit comments in                                                          reviewed all available information, and
                                           FAA, Transport Airplane Directorate,
triplicate to the Federal Aviation                                                     determined that AD action is necessary
                                           ANM–114, Attention: Rules Docket No.
Administration (FAA), Transport                                                        for products of this type design that are
                                           97–NM–226–AD, 1601 Lind Avenue,
Airplane Directorate, ANM–114,             SW., Renton, Washington 98055–4056.         certificated for operation in the United
Attention: Rules Docket No. 97–NM–                                                     States.
226–AD, 1601 Lind Avenue, SW.,             Discussion
                                                                                       Explanation of Requirements of
Renton, Washington 98055–4056.                The Civil Aviation Authority (CAA),      Proposed Rule
Comments may be inspected at this          which is the airworthiness authority for
location between 9:00 a.m. and 3:00        the United Kingdom, notified the FAA          Since an unsafe condition has been
p.m., Monday through Friday, except        that an unsafe condition may exist on       identified that is likely to exist or
Federal holidays.                          certain British Aerospace BAe Model         develop on other airplanes of the same
   The service information referenced in                                               type design registered in the United
                                           ATP airplanes. The CAA advises that it
the proposed rule may be obtained from                                                 States, the proposed AD would require
                                           has received two reports indicating that
AI(R) American Support, Inc., 13850                                                    accomplishment of the actions specified
                                           corrosion was found on the main
Mclearen Road, Herndon, Virginia                                                       in the service bulletin described
                                           hydraulic accumulator of an airplane
20171. This information may be
                                           having a similar hydraulic system           previously.
examined at the FAA, Transport
                                           installation to that of BAe Model ATP
Airplane Directorate, 1601 Lind                                                        Cost Impact
                                           airplanes. Both the brake hydraulic
Avenue, SW., Renton, Washington.
                                           accumulators and the main hydraulic           The FAA estimates that 10 British
FOR FURTHER INFORMATION CONTACT:
                                           accumulators on these airplanes are         Aerospace BAe Model ATP airplanes of
Norman B. Martenson, Manager,              manufactured by the same vendor, and
International Branch, ANM–116, FAA,                                                    U.S. registry would be affected by this
                                           use the same type of protective             proposed AD, that it would take
Transport Airplane Directorate, 1601       treatment for corrosion; therefore, the
Lind Avenue, SW., Renton, Washington                                                   approximately 2 work hours per
                                           brake hydraulic accumulators of BAe         airplane to accomplish the proposed
98055–4056; telephone (425) 227–2110;      Model ATP airplanes could also be
fax (425) 227–1149.                                                                    inspection, and that the average labor
                                           subject to corrosion. Such corrosion of
                                                                                       rate is $60 per work hour. Based on
SUPPLEMENTARY INFORMATION:                 the brake hydraulic accumulators, if not
                                                                                       these figures, the cost impact of the
                                           detected and corrected in a timely
Comments Invited                           manner, could lead to loss of hydraulic     proposed AD on U.S. operators is
  Interested persons are invited to        pressure and consequent loss of braking     estimated to be $1,200, or $120 per
participate in the making of the           capability of the airplane.                 airplane, per inspection cycle.
                   Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                                6683

  The cost impact figure discussed             inclusive, equipped with brake hydraulic          DEPARTMENT OF TRANSPORTATION
above is based on assumptions that no          accumulators having APPH part number AIR
operator has yet accomplished any of           87342; certificated in any category.              Federal Aviation Administration
the proposed requirements of this AD              Note 1: This AD applies to each airplane
action, and that no operator would             identified in the preceding applicability         14 CFR Part 39
accomplish those actions in the future if      provision, regardless of whether it has been
this AD were not adopted.                      modified, altered, or repaired in the area        [Docket No. 97–NM–266–AD]
                                               subject to the requirements of this AD. For
Regulatory Impact                              airplanes that have been modified, altered, or    RIN 2120–AA64
   The regulations proposed herein             repaired so that the performance of the
would not have substantial direct effects      requirements of this AD is affected, the          Airworthiness Directives; Aerospatiale
on the States, on the relationship             owner/operator must request approval for an       Model ATR42–200 and –300 Series
between the national government and            alternative method of compliance in               Airplanes
the States, or on the distribution of          accordance with paragraph (b) of this AD.
power and responsibilities among the           The request should include an assessment of       AGENCY:Federal Aviation
various levels of government. Therefore,       the effect of the modification, alteration, or
                                                                                                 Administration, DOT.
in accordance with Executive Order             repair on the unsafe condition addressed by
12612, it is determined that this              this AD; and, if the unsafe condition has not           Notice of proposed rulemaking
                                                                                                 ACTION:
proposal would not have sufficient             been eliminated, the request should include       (NPRM).
federalism implications to warrant the         specific proposed actions to address it.
preparation of a Federalism Assessment.           Compliance: Required as indicated, unless      SUMMARY:   This document proposes the
   For the reasons discussed above, I          accomplished previously.                          adoption of a new airworthiness
certify that this proposed regulation (1)         To detect and correct corrosion of the brake   directive (AD) that is applicable to
is not a ‘‘significant regulatory action’’     hydraulic accumulators, which could lead to       certain Aerospatiale Model ATR42–200
under Executive Order 12866; (2) is not        loss of hydraulic pressure and consequent         and –300 series airplanes. This proposal
a ‘‘significant rule’’ under the DOT           loss of braking capability of the airplane,       would require repetitive inspections for
Regulatory Policies and Procedures (44         accomplish the following:
                                                                                                 cracking of the lower skin panels of the
FR 11034, February 26, 1979); and (3) if          (a) Within 6 months after the effective date
                                               of this AD, perform an inspection of the
                                                                                                 outer wings; and repair, if necessary.
promulgated, will not have a significant                                                         This proposal also would require
economic impact, positive or negative,         brake hydraulic accumulators for corrosion,
                                               in accordance with British Aerospace Service      modification of the panels and a follow-
on a substantial number of small entities
under the criteria of the Regulatory           Bulletin ATP–32–80, Revision 1, dated July        on inspection to detect cracking of the
Flexibility Act. A copy of the draft           9, 1997. If any discrepancy is found, prior to    modified areas, which would constitute
regulatory evaluation prepared for this        further flight, accomplish corrective actions,    terminating action for the repetitive
action is contained in the Rules Docket.       as applicable, in accordance with the service     inspections. This proposal is prompted
A copy of it may be obtained by                bulletin. Repeat the inspection thereafter at     by the issuance of mandatory
                                               intervals not to exceed two years.                continuing airworthiness information by
contacting the Rules Docket at the
                                                  (b) An alternative method of compliance or     a foreign civil airworthiness authority.
location provided under the caption
                                               adjustment of the compliance time that            The actions specified by the proposed
ADDRESSES.
                                               provides an acceptable level of safety may be
                                                                                                 AD are intended to prevent fatigue
List of Subjects in 14 CFR Part 39             used if approved by the Manager,
                                               International Branch, ANM–116, FAA,
                                                                                                 cracking of the lower skin panels of the
  Air transportation, Aircraft, Aviation                                                         outer wings, and consequent reduced
safety, Safety.                                Transport Airplane Directorate. Operators
                                               shall submit their requests through an            structural integrity of the airplane.
The Proposed Amendment                         appropriate FAA Principal Maintenance             DATES:Comments must be received by
  Accordingly, pursuant to the                 Inspector, who may add comments and then          March 12, 1998.
authority delegated to me by the               send it to the Manager, International Branch,
Administrator, the Federal Aviation            ANM–116.                                          ADDRESSES:    Submit comments in
Administration proposes to amend part             Note 2: Information concerning the             triplicate to the Federal Aviation
39 of the Federal Aviation Regulations         existence of approved alternative methods of      Administration (FAA), Transport
(14 CFR part 39) as follows:                   compliance with this AD, if any, may be           Airplane Directorate, ANM–114,
                                               obtained from the International Branch,           Attention: Rules Docket No. 97–NM–
PART 39—AIRWORTHINESS                          ANM–116.                                          266–AD, 1601 Lind Avenue, SW.,
DIRECTIVES                                        (c) Special flight permits may be issued in    Renton, Washington 98055–4056.
                                               accordance with sections 21.197 and 21.199        Comments may be inspected at this
  1. The authority citation for part 39
                                               of the Federal Aviation Regulations (14 CFR       location between 9:00 a.m. and 3:00
continues to read as follows:
                                               21.197 and 21.199) to operate the airplane to     p.m., Monday through Friday, except
  Authority: 49 U.S.C. 106(g), 40113, 44701.   a location where the requirements of this AD      Federal holidays.
                                               can be accomplished.
§ 39.13   [Amended]                                                                                 The service information referenced in
  2. Section 39.13 is amended by                  Note 3: The subject of this AD is addressed
                                               in British airworthiness directive 004–06–97.     the proposed rule may be obtained from
adding the following new airworthiness                                                           Aerospatiale, 316 Route de Bayonne,
directive:                                        Issued in Renton, Washington, on February
                                               3, 1998.                                          31060 Toulouse, Cedex 03, France. This
British Aerospace Regional Aircraft                                                              information may be examined at the
     [Formerly Jetstream Aircraft Limited,     Darrell M. Pederson,
                                                                                                 FAA, Transport Airplane Directorate,
     British Aerospace (Commercial Aircraft)   Acting Manager, Transport Airplane
                                                                                                 1601 Lind Avenue, SW., Renton,
     Limited]: Docket 97–NM–226–AD.            Directorate, Aircraft Certification Service.
                                                                                                 Washington.
  Applicability: BAe Model ATP airplanes,      [FR Doc. 98–3234 Filed 2–9–98; 8:45 am]
constructor’s numbers 2002 through 2063        BILLING CODE 4910–13–U
6684               Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:             manner, could result in reduced             bulletins recommend that any crack
Norman B. Martenson, Manager,                structural integrity of the airplane.       detected during an inspection be
International Branch, ANM–116, FAA,                                                      repaired in accordance with instructions
                                             Explanation of Relevant Service
Transport Airplane Directorate, 1601                                                     requested from the manufacturer.
                                             Information
Lind Avenue, SW., Renton, Washington                                                     However, the FAA has determined that
98055–4056; telephone (425) 227–2110;           Aerospatiale has issued Service          the repair of any crack would be
fax (425) 227–1149.                          Bulletin ATR42–57–0040, dated April         required to be accomplished in
                                             21, 1994, which describes procedures        accordance with a method approved by
SUPPLEMENTARY INFORMATION:
                                             for repetitive ultrasonic inspections for   the FAA.
Comments Invited                             cracking of the lower skin panels of the
                                             outer wings at rib 14. Aerospatiale also    Cost Impact
  Interested persons are invited to
                                             has issued Service Bulletin ATR42–57–         The FAA estimates that 101 airplanes
participate in the making of the
                                             0038, Revision 2, dated December 18,        of U.S. registry would be affected by this
proposed rule by submitting such
                                             1997, which describes procedures for        proposed AD.
written data, views, or arguments as                                                       It would take approximately 4 work
they may desire. Communications shall        modification of the lower skin panels of
                                             the outer wings at ribs 13 and 14, and      hours per airplane to accomplish the
identify the Rules Docket number and                                                     proposed ultrasonic inspection, at an
be submitted in triplicate to the address    a follow-on high frequency eddy current
                                             (HFEC) inspection to detect cracking of     average labor rate of $60 per work hour.
specified above. All communications                                                      Based on these figures, the cost impact
received on or before the closing date       the modified area. The modification
                                             involves expansion of some holes            of the ultrasonic inspection proposed by
for comments, specified above, will be                                                   this AD on U.S. operators is estimated
considered before taking action on the       located between ribs 13 and 18 (left and
                                             right sides) to increase resistance of      to be $24,240, or $240 per airplane, per
proposed rule. The proposals contained                                                   inspection cycle.
in this notice may be changed in light       corresponding areas. Accomplishment
                                             of the modification and the HFEC              It would take approximately 280 work
of the comments received.                                                                hours per airplane to accomplish the
                                             inspection would eliminate the need for
  Comments are specifically invited on                                                   proposed modification, at an average
                                             the repetitive ultrasonic inspections.
the overall regulatory, economic,                                                        labor rate of $60 per work hour. The
                                             The DGAC classified these service
environmental, and energy aspects of                                                     cost of required parts could range from
                                             bulletins as mandatory. Additionally,
the proposed rule. All comments                                                          $1,576 to $6,373 per airplane. Based on
                                             the DGAC previously issued a French
submitted will be available, both before                                                 these figures, the cost impact of the
                                             airworthiness directive [93–190–051(B),
and after the closing date for comments,                                                 modification proposed by this AD on
                                             dated October 27, 1993] in order to
in the Rules Docket for examination by                                                   U.S. operators is estimated to be
                                             assure the continued airworthiness of
interested persons. A report                                                             between $1,855,976 ($18,376 per
                                             these airplanes in France.
summarizing each FAA-public contact                                                      airplane) and $2,340,473 ($23,173 per
concerned with the substance of this         FAA’s Conclusions                           airplane).
proposal will be filed in the Rules            This airplane model is manufactured         The cost impact figures discussed
Docket.                                      in France and is type certificated for      above are based on assumptions that no
  Commenters wishing the FAA to              operation in the United States under the    operator has yet accomplished any of
acknowledge receipt of their comments        provisions of section 21.29 of the          the proposed requirements of this AD
submitted in response to this notice         Federal Aviation Regulations (14 CFR        action, and that no operator would
must submit a self-addressed, stamped        21.29) and the applicable bilateral         accomplish those actions in the future if
postcard on which the following              airworthiness agreement. Pursuant to        this AD were not adopted.
statement is made: ‘‘Comments to             this bilateral airworthiness agreement,
Docket Number 97–NM–266–AD.’’ The                                                        Regulatory Impact
                                             the DGAC has kept the FAA informed
postcard will be date stamped and            of the situation described above. The          The regulations proposed herein
returned to the commenter.                   FAA has examined the findings of the        would not have substantial direct effects
                                             DGAC, reviewed all available                on the States, on the relationship
Availability of NPRMs
                                             information, and determined that AD         between the national government and
  Any person may obtain a copy of this       action is necessary for products of this    the States, or on the distribution of
NPRM by submitting a request to the          type design that are certificated for       power and responsibilities among the
FAA, Transport Airplane Directorate,         operation in the United States.             various levels of government. Therefore,
ANM–114, Attention: Rules Docket No.                                                     in accordance with Executive Order
97–NM–266–AD, 1601 Lind Avenue,              Explanation of Requirements of              12612, it is determined that this
SW., Renton, Washington 98055–4056.          Proposed Rule                               proposal would not have sufficient
                                               Since an unsafe condition has been        federalism implications to warrant the
Discussion
                                             identified that is likely to exist or       preparation of a Federalism Assessment.
   The Direction Generale de l’Aviation      develop on other airplanes of the same         For the reasons discussed above, I
Civile (DGAC), which is the                  type design registered in the United        certify that this proposed regulation (1)
airworthiness authority for France,          States, the proposed AD would require       is not a ‘‘significant regulatory action’’
notified the FAA that an unsafe              accomplishment of the actions specified     under Executive Order 12866; (2) is not
condition may exist on certain               in the service bulletin described           a ‘‘significant rule’’ under the DOT
Aerospatiale Model ATR 42–200 and            previously, except as described below.      Regulatory Policies and Procedures (44
–300 series airplanes. The DGAC                                                          FR 11034, February 26, 1979); and (3) if
advises that full-scale fatigue testing by   Differences Between the Proposed AD         promulgated, will not have a significant
the manufacturer has revealed damage         and the Related Service Information         economic impact, positive or negative,
of the lower skin panels of the outer          The proposed AD would differ from         on a substantial number of small entities
wings at several rib junction                Aerospatiale Service Bulletins ATR42–       under the criteria of the Regulatory
attachments. Such fatigue cracking, if       57–0038 and ATR42–57–0040,                  Flexibility Act. A copy of the draft
not detected and corrected in a timely       described previously, in that the service   regulatory evaluation prepared for this
                     Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                                    6685

action is contained in the Rules Docket.           repeat the inspection at intervals not to          CH–54A helicopters. This proposal
A copy of it may be obtained by                    exceed 9,000 landings.                             would require an initial and recurring
contacting the Rules Docket at the                    (b) Prior to the accumulation of 32,500         inspections and rework or replacement,
                                                   total landings, or within 500 landings after
location provided under the caption                                                                   if necessary, of the second stage lower
                                                   the effective date of this AD, whichever
ADDRESSES.                                         occurs later, modify the lower skin panels of      planetary plate (plate). This proposal is
                                                   the outer wings, and perform a follow-on           prompted by cracked plates that have
List of Subjects in 14 CFR Part 39
                                                   high frequency eddy current (HFEC)                 been found during overhaul and
  Air transportation, Aircraft, Aviation           inspection for cracking of the modified areas,     inspections. The actions specified by
safety, Safety.                                    in accordance with Aerospatiale Service            the proposed AD are intended to
                                                   Bulletin ATR42–57–0038, Revision 2, dated          prevent failure of the plate due to
The Proposed Amendment                             December 18, 1997. If any crack is detected,       fatigue cracking, which could result in
  Accordingly, pursuant to the                     prior to further flight, repair it in accordance
                                                                                                      failure of the main gearbox, failure of
authority delegated to me by the                   with a method approved by the Manager,
                                                   International Branch, ANM–116.                     the drive system, and subsequent loss of
Administrator, the Federal Aviation                                                                   control of the helicopter.
Administration proposes to amend part              Accomplishment of the modification and
                                                   follow-on HFEC inspection constitutes              DATES: Comments must be received on
39 of the Federal Aviation Regulations             terminating action for the repetitive              or before April 13, 1998.
(14 CFR part 39) as follows:                       ultrasonic inspection requirements of              ADDRESSES: Submit comments in
                                                   paragraph (a) of this AD.
PART 39—AIRWORTHINESS                                                                                 triplicate to the Federal Aviation
                                                      (c) An alternative method of compliance or
DIRECTIVES                                         adjustment of the compliance time that             Administration (FAA), Office of
                                                   provides an acceptable level of safety may be      Regional Counsel, Southwest Region,
  1. The authority citation for part 39            used if approved by the Manager,                   Attention: Rules Docket No. 97–SW–60–
continues to read as follows:                      International Branch, ANM–116. Operators           AD, 2601 Meacham Blvd., Room 663,
  Authority: 49 U.S.C. 106(g), 40113, 44701.       shall submit their requests through an             Fort Worth, Texas 76137. Comments
                                                   appropriate FAA Principal Maintenance              may be inspected at this location
§ 39.13   [Amended]                                Inspector, who may add comments and then           between 9:00 a.m. and 3:00 p.m.,
  2. Section 39.13 is amended by                   send it to the Manager, International Branch,
                                                                                                      Monday through Friday, except Federal
adding the following new airworthiness             ANM–116.
                                                                                                      holidays.
directive:                                            Note 2: Information concerning the
                                                   existence of approved alternative methods of       FOR FURTHER INFORMATION CONTACT: Mr.
Aerospatiale: Docket 97–NM–266–AD.                                                                    Uday Garadi, Aerospace Engineer, FAA,
                                                   compliance with this AD, if any, may be
   Applicability: Model ATR42–200 and –300         obtained from the International Branch,            Rotorcraft Directorate, Rotorcraft
series airplanes on which Aerospatiale             ANM–116.                                           Certification Office, Fort Worth, Texas
Service Bulletins ATR42–57–0040, dated                                                                76193–0170, telephone (817) 222–5157,
                                                      (d) Special flight permits may be issued in
April 21, 1994, and ATR42–57–0038,                                                                    fax (817) 222–5959.
                                                   accordance with sections 21.197 and 21.199
Revision 2, dated December 18, 1997, have
                                                   of the Federal Aviation Regulations (14 CFR        SUPPLEMENTARY INFORMATION:
not been accomplished; certificated in any
                                                   21.197 and 21.199) to operate the airplane to
category.                                                                                             Comments Invited
                                                   a location where the requirements of this AD
   Note 1: This AD applies to each airplane        can be accomplished.
identified in the preceding applicability                                                               Interested persons are invited to
provision, regardless of whether it has been          Note 3: The subject of this AD is addressed     participate in the making of the
otherwise modified, altered, or repaired in        in French airworthiness directive 93–190–          proposed rule by submitting such
the area subject to the requirements of this       051(B), dated October 27, 1993.                    written data, views, or arguments as
AD. For airplanes that have been modified,            Issued in Renton, Washington, on February       they may desire. Communications
altered, or repaired so that the performance       3, 1998.                                           should identify the Rules Docket
of the requirements of this AD is affected, the    Darrell M. Pederson,                               number and be submitted in triplicate to
owner/operator must request approval for an        Acting Manager, Transport Airplane
alternative method of compliance in
                                                                                                      the address specified above. All
                                                   Directorate, Aircraft Certification Service.       communications received on or before
accordance with paragraph (c) of this AD.
The request should include an assessment of        [FR Doc. 98–3233 Filed 2–9–98; 8:45 am]            the closing date for comments, specified
the effect of the modification, alteration, or     BILLING CODE 4910–13–U                             above, will be considered before taking
repair on the unsafe condition addressed by                                                           action on the proposed rule. The
this AD; and, if the unsafe condition has not                                                         proposals contained in this notice may
been eliminated, the request should include        DEPARTMENT OF TRANSPORTATION                       be changed in light of the comments
specific proposed actions to address it.                                                              received.
   Compliance: Required as indicated, unless       Federal Aviation Administration                      Comments are specifically invited on
accomplished previously.                                                                              the overall regulatory, economic,
   To prevent fatigue cracking of the lower        14 CFR Part 39
                                                                                                      environmental, and energy aspects of
skin panels of the outer wings between ribs        [Docket No. 97–SW–60–AD]
13 and 18, and consequent reduced structural                                                          the proposed rule. All comments
integrity of the airplane, accomplish the                                                             submitted will be available, both before
                                                   Airworthiness Directives; Sikorsky                 and after the closing date for comments,
following:
   (a) Prior to the accumulation of 25,500 total   Aircraft-Manufactured Model CH–54A                 in the Rules Docket for examination by
landings, or within 500 landings after the         Helicopters                                        interested persons. A report
effective date of this AD, whichever occurs        AGENCY: Federal Aviation                           summarizing each FAA-public contact
later, perform an ultrasonic inspection for                                                           concerned with the substance of this
                                                   Administration, DOT.
cracking of the lower skin panels of the outer                                                        proposal will be filed in the Rules
wings, in accordance with Aerospatiale             ACTION: Notice of proposed rulemaking
Service Bulletin ATR42–57–0040, dated              (NPRM).                                            Docket.
April 21, 1994. If any crack is detected, prior
                                                                                                        Commenters wishing the FAA to
to further flight, repair it in accordance with    SUMMARY:   This document proposes the              acknowledge receipt of their comments
a method approved by the Manager,                  adoption of a new airworthiness                    submitted in response to this notice
International Branch, ANM–116, FAA,                directive (AD) that is applicable to               must submit a self-addressed, stamped
Transport Airplane Directorate. Thereafter,        Sikorsky Aircraft-manufactured Model               postcard on which the following
6686              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

statement is made: ‘‘Comments to             federalism implications to warrant the           unsafe condition addressed by this AD. In no
Docket No. 97–SW–60–AD.’’ The                preparation of a Federalism Assessment.          case does the presence of any modification,
postcard will be date stamped and               For the reasons discussed above, I            alteration, or repair remove any helicopter
returned to the commenter.                   certify that this proposed regulation (1)        from the applicability of this AD.
                                             is not a ‘‘significant regulatory action’’          Compliance: Required as indicated, unless
Availability of NPRMs                                                                         accomplished previously.
                                             under Executive Order 12866; (2) is not
                                             a ‘‘significant rule’’ under the DOT                To prevent failure of the second stage
  Any person may obtain a copy of this
                                             Regulatory Policies and Procedures (44           lower planetary plate (plate), P/N 6435–
NPRM by submitting a request to the
                                                                                              20229–102, due to fatigue cracking, which
FAA, Office of Regional Counsel,             FR 11034, February 26, 1979); and (3) if
                                                                                              could lead to failure of the main gearbox,
Southwest Region, Attention: Rules           promulgated, will not have a significant         failure of the drive system, and subsequent
Docket No. 97–SW–60–AD, 2601                 economic impact, positive or negative,           loss of control of the helicopter, accomplish
Meacham Blvd., Room 663, Fort Worth,         on a substantial number of small entities        the following:
Texas 76137.                                 under the criteria of the Regulatory                (a) On or before accumulating 1,300 hours
                                             Flexibility Act. A copy of the draft             time-in-service (TIS) conduct a fluorescent
Discussion                                   regulatory evaluation prepared for this          magnetic particle inspection of the plate, P/
   This notice proposes the adoption of      action is contained in the Rules Docket.         N 6435–20229–102, in the circumferential
a new AD that is applicable to Sikorsky-     A copy of it may be obtained by                  and longitudinal directions using the wet
manufactured Model CH–54A                    contacting the Rules Docket at the               continuous method. Pay particular attention
helicopters. This proposal would             location provided under the caption              to the area around the 9 lightening holes.
                                             ADDRESSES.                                          (1) If any crack is discovered, replace the
require an initial and recurring
                                                                                              plate with an airworthy plate.
inspections and rework of the plate or       List of Subjects in 14 CFR Part 39                  (2) If no crack is discovered, rework the
replacement, if necessary. It is believed                                                     plate as follows:
that cracks on the plate initiate at and       Air transportation, Aircraft, Aviation
                                             safety, Safety.                                     (i) Locate the center of each 1.750 inch-
radiate from the lightening holes in the                                                      diameter lightning hole and machine holes
plate web due to fatigue. This condition,    The Proposed Amendment                           0.015 to 0.020 oversize on a side (0.030 to
if not corrected, could result in failure                                                     0.040 diameter oversize). Machined surface
                                               Accordingly, pursuant to the
of the main gearbox, failure of the drive                                                     roughness must not exceed 63 microinches
                                             authority delegated to me by the                 AA rating (see Figure 1).
system, and subsequent loss of control
                                             Administrator, the Federal Aviation                 (ii) Radius each hole 0.030 to 0.050 inches
of the helicopter.
                                             Administration proposes to amend part            on each edge as shown in Figure 1.
   Since an unsafe condition has been        39 of the Federal Aviation Regulations              (iii) Mask the top and bottom surfaces of
identified that is likely to exist or        (14 CFR part 39) as follows:                     the plate to expose 3.20 inch minimum width
develop on other Sikorsky-                                                                    circumferential band as shown in Figure 1.
manufactured Model CH–54A                    PART 39—AIRWORTHINESS                               (iv) Vapor blast or bead exposed surfaces
helicopters of the same type design, the     DIRECTIVES                                       to remove protective finish. Use 220
proposed AD would require an initial                                                          aluminum oxide grit at a pressure of 80 to 90
and recurring inspections and                  1. The authority citation for part 39          pounds per square inch.
replacement, if necessary, of the plate.     continues to read as follows:                       (v) Shot peen exposed surfaces and inside
   The FAA estimates that 9 helicopters        Authority: 49 U.S.C. 106(g), 40113, 44701.     and edges of lightening holes to 0.008—
of U.S. registry would be affected by this                                                    0.012A intensity. Use cast steel shot, size
                                               2. Section 39.13 is amended by
proposed AD, that it would take                                                               170; two hundred percent coverage is
                                             adding a new airworthiness directive to          required. Use the tracer dye inspection
approximately 8 work hours per               read as follows:                                 method to ensure the required coverage.
helicopter to accomplish the proposed
                                             § 39.13   [Amended]                              Also, visually inspect the shot peened
inspections and 56 hours to remove and                                                        surfaces for correct shot peen coverage.
replace the plate, and that the average      Columbia Helicopter; Heavy Lift; Silver Bay      Inspect the intensity of the shot by
labor rate is $60 per work hour.                  Logging: Docket No. 97–SW–60–AD.
                                                                                              performing an Almen strip height
Required parts would cost                       Applicability: CH–54A helicopters with        measurement.
approximately $8,000 per helicopter.         lower planetary plate, part number (P/N)            (vi) Clean reworked surfaces using acetone.
Based on these figures, the total cost       6435–20229–102, installed, certificated in       Touch up the reworked areas using Presto
impact of the proposed AD on U.S.            any category.                                    Black or an equivalent touchup solution.
operators is estimated to be $106,560;          Note 1: This AD applies to each helicopter    Ensure that the touchup solution is at a
$4,320 to accomplish the inspections         identified in the preceding applicability        temperature between 70° F to 120° F during
                                             provision, regardless of whether it has been     use. Keep the reworked surfaces wet with
and rework, and $102,240 to replace the
                                             modified, altered, or repaired in the area       touchup solution for three minutes to obtain
plate in the main gearbox assembly in        subject to the requirements of this AD. For
all 9 helicopters, if necessary.                                                              a uniform dark color. Rinse and dry the
                                             helicopters that have been modified, altered,    reworked areas.
   The regulations proposed herein           or repaired so that the performance of the          (vii) Polish the reworked surfaces with a
would not have substantial direct effects    requirements of this AD is affected, the         grade 00 or finer steel wool and polish with
on the States, on the relationship           owner/operator must use the authority
                                                                                              a soft cloth. Coat the reworked surfaces with
between the national government and          provided in paragraph (d) to request approval
                                                                                              preservative oil.
                                             from the FAA. This approval may address
the States, or on the distribution of                                                            (viii) Identify the reworked plate by adding
                                             either no action, if the current configuration
power and responsibilities among the                                                          ‘‘TS–107’’ after the part number using a low-
                                             eliminates the unsafe condition, or different
various levels of government. Therefore,                                                      stress depth-controlled impression-stamp
                                             actions necessary to address the unsafe
in accordance with Executive Order                                                            with a full fillet depth of not more than 0.003
                                             condition described in this AD. Such a
12612, it is determined that this                                                             inch (see Figure 1).
                                             request should include an assessment of the
proposal would not have sufficient           effect of the changed configuration on the       BILLING CODE 4910–13–U
                    Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules   6687




BILLING CODE 4910–13–C
6688                Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

   (b) For any plate, P/N 6435–20229–102,      not to exceed 70 hours TIS, accomplish the        Borescope or equivalent inspection method
that has been reworked and identified with     following:                                        (see Figure 2).
‘‘TS–107,’’ on or before the accumulation of     (1) Inspect the plate for a crack in the area     (2) If a crack is found, replace the plate
1,500 hours TIS and thereafter at intervals    around all nine lightening holes using a          with an airworthy plate.
                                                                                                 BILLING CODE 4910–13–U




BILLING CODE 4910–13–C
                    Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                              6689

   (c) On or before the accumulation of 2,600     assembly where correctly swaged                Commenters wishing the FAA to
hours TIS, remove from service plates, P/N        Nicopress® type sleeves are not              acknowledge receipt of their comments
6435–20229–102, reidentified as P/N 6435–         installed. The proposed AD is the result     submitted in response to this notice
20229–102–TS–107 after rework. This AD
                                                  of mandatory continuing airworthiness        must submit a self-addressed, stamped
revises the airworthiness limitation section of
the maintenance manual by establishing a          information (MCAI) issued by the             postcard on which the following
retirement life of 2,600 hours TIS for the        airworthiness authority for Germany.         statement is made: ‘‘Comments to
main gearbox assembly second stage lower          The actions specified by the proposed        Docket No. 97–CE–91–AD.’’ The
planetary plate, P/N 6435–20229–102, re-          AD are intended to prevent a control         postcard will be date stamped and
identified as P/N 6435–20229–102–TS–107           cable from pulling through an                returned to the commenter.
after rework.                                     incorrectly swaged sleeve, which could
   Note 2: Erickson Air-Crane Company                                                          Availability of NPRMs
                                                  result in loss of rudder control with
Service Bulletin No. 64B35–7C, dated                                                             Any person may obtain a copy of this
                                                  consequent loss of control of the
November 8, 1995 pertains to the subject of                                                    NPRM by submitting a request to the
this AD.                                          airplane.
   (d) An alternative method of compliance or     DATES: Comments must be received on
                                                                                               FAA, Central Region, Office of the
adjustment of the compliance time that            or before March 10, 1998.                    Regional Counsel, Attention: Rules
provides an acceptable level of safety may be                                                  Docket No. 97–CE–91–AD, Room 1558,
                                                  ADDRESSES: Submit comments in                601 E. 12th Street, Kansas City, Missouri
used if approved by the Manager, Rotorcraft
Certification Office, FAA, Rotorcraft             triplicate to the Federal Aviation           64106.
Directorate. Operators shall submit their         Administration (FAA), Central Region,
requests through an FAA Principal                 Office of the Regional Counsel,              Discussion
Maintenance Inspector, who may concur or          Attention: Rules Docket No. 97–CE–91–          The Luftfahrt-Bundesamt (LBA),
comment and then send it to the Manager,          AD, Room 1558, 601 E. 12th Street,           which is the airworthiness authority for
Rotorcraft Certification Office.                  Kansas City, Missouri 64106. Comments        Germany, notified the FAA that an
   Note 3: Information concerning the             may be inspected at this location            unsafe condition may exist on EXTRA
existence of approved alternative methods of      between 8 a.m. and 4 p.m., Monday            Models EA–300 and EA–300/S
compliance with this AD, if any, may be
                                                  through Friday, holidays excepted.           airplanes. The LBA advises of an
obtained from the Rotorcraft Certification
Office.                                              Service information that applies to the   incident on one of the affected airplanes
   (e) Special flight permits may be issued in    proposed AD may be obtained from             where loss of rudder control was
accordance with sections 21.197 and 21.199        EXTRA Flugzeugbau GmbH, Flugplatz            reported. Preliminary investigation
of the Federal Aviation Regulations (14 CFR                              ¨
                                                  Dinslaken, D–4224 Hunxe, Germany.            reveals that the rudder control cable
21.197 and 21.199) to operate the helicopter      This information also may be examined        pulled through an incorrectly swaged
to a location where the requirements of this      at the Rules Docket at the address above.    Nicopress® type sleeve.
AD can be accomplished.                           FOR FURTHER INFORMATION CONTACT: Mr.           These conditions, if not detected and
   Issued in Fort Worth, Texas, on February       Karl Schletzbaum, Aerospace Engineer,        corrected, could result in loss of rudder
3, 1998.                                          FAA, Small Airplane Directorate, 1201        control with consequent loss of control
Eric Bries,                                       Walnut Street, suite 900, Kansas City,       of the airplane.
Acting Manager, Rotorcraft Directorate,           Missouri 64106; telephone: (816) 426–        Relevant Service Information
Aircraft Certification Service.                   6934; facsimile: (816) 426–2169.
[FR Doc. 98–3228 Filed 2–9–98; 8:45 am]                                                           EXTRA has issued Service Bulletin
                                                  SUPPLEMENTARY INFORMATION:                   No. 300–1–93, dated February 9, 1993,
BILLING CODE 4910–13–U
                                                  Comments Invited                             which includes measurements and
                                                                                               information for inspecting the rudder
                                                    Interested persons are invited to          control cables for correctly swaged
DEPARTMENT OF TRANSPORTATION
                                                  participate in the making of the             Nicopress® type sleeves. Procedures for
Federal Aviation Administration                   proposed rule by submitting such             conducting this inspection are included
                                                  written data, views, or arguments as         in Advisory Circular (AC) 43.13–1A,
14 CFR Part 39                                    they may desire. Communications              Acceptable Methods, Techniques and
                                                  should identify the Rules Docket             Practices.
[Docket No. 97–CE–91–AD]
                                                  number and be submitted in triplicate to        The LBA classified EXTRA Service
RIN 2120–AA64                                     the address specified above. All             Bulletin No. 300–1–93, dated February
                                                  communications received on or before         9, 1993, as mandatory and issued
Airworthiness Directives; EXTRA                   the closing date for comments, specified     German AD No. 93–081, dated March
Flugzeugbau GmbH Models EA–300                    above, will be considered before taking      15, 1993, in order to assure the
and EA–300/S Airplanes                            action on the proposed rule. The             continued airworthiness of these
AGENCY: Federal Aviation                          proposals contained in this notice may       airplanes in Germany.
Administration, DOT.                              be changed in light of the comments
                                                  received.                                    The FAA’s Determination
ACTION: Notice of proposed rulemaking
(NPRM).                                             Comments are specifically invited on         This airplane model is manufactured
                                                  the overall regulatory, economic,            in Germany and is type certificated for
SUMMARY: This document proposes to                environmental, and energy aspects of         operation in the United States under the
adopt a new airworthiness directive               the proposed rule. All comments              provisions of section 21.29 of the
(AD) that would apply to EXTRA                    submitted will be available, both before     Federal Aviation Regulations (14 CFR
Flugzeugbau GmbH (EXTRA) Models                   and after the closing date for comments,     21.29) and the applicable bilateral
EA–300 and EA–300/S airplanes. The                in the Rules Docket for examination by       airworthiness agreement. Pursuant to
proposed AD would require inspecting              interested persons. A report that            this bilateral airworthiness agreement,
the rudder control cables to assure that          summarizes each FAA-public contact           the LBA has kept the FAA informed of
correctly swaged Nicopress® type                  concerned with the substance of this         the situation described above.
sleeves are installed at each end of the          proposal will be filed in the Rules            The FAA has examined the findings
cables, and replacing any cable                   Docket.                                      of the LBA; reviewed all available
6690              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

information, including the service           under the criteria of the Regulatory                  (b) Prior to further flight, replace any cable
information referenced above; and            Flexibility Act. A copy of the draft               assembly where correctly swaged Nicopress®
determined that AD action is necessary       regulatory evaluation prepared for this            type sleeves are not installed with cable
for products of this type design that are    action has been placed in the Rules                assemblies that have correctly swaged
                                                                                                Nicopress® type sleeves installed.
certificated for operation in the United     Docket. A copy of it may be obtained by               (1) Accomplish the replacement in
States.                                      contacting the Rules Docket at the                 accordance with the maintenance manual.
Explanation of the Provisions of the         location provided under the caption                   (2) Accomplish the installation in
                                             ADDRESSES.                                         accordance with EXTRA Service Bulletin No.
Proposed AD
                                                                                                300–1–93, dated February 9, 1993, and AC
   Since an unsafe condition has been        List of Subjects in 14 CFR Part 39                 43.13–1A, Acceptable Methods, Techniques
identified that is likely to exist or          Air transportation, Aircraft, Aviation           and Practices.
develop in other EXTRA Models EA–            safety, Safety.                                       (c) Special flight permits may be issued in
300 and EA–300/S airplanes of the same                                                          accordance with sections 21.197 and 21.199
type design registered in the United         The Proposed Amendment                             of the Federal Aviation Regulations (14 CFR
States, the FAA is proposing AD action.                                                         21.197 and 21.199) to operate the airplane to
                                               Accordingly, pursuant to the                     a location where the requirements of this AD
The proposed AD would require                authority delegated to me by the                   can be accomplished.
inspecting the rudder control cables to      Administrator, the Federal Aviation                   (d) An alternative method of compliance or
assure that correctly swaged Nicopress®      Administration proposes to amend part              adjustment of the compliance time that
type sleeves are installed at each end of    39 of the Federal Aviation Regulations             provides an equivalent level of safety may be
the cables, and replacing any cable          (14 CFR part 39) as follows:                       approved by the Manager, Small Airplane
assembly where correctly swaged                                                                 Directorate, FAA, 1201 Walnut, suite 900,
Nicopress® type sleeves are not              PART 39—AIRWORTHINESS                              Kansas City, Missouri 64106. The request
installed. Accomplishment of the             DIRECTIVES                                         shall be forwarded through an appropriate
proposed inspection would be required                                                           FAA Maintenance Inspector, who may add
in accordance with EXTRA Service               1. The authority citation for part 39            comments and then send it to the Manager,
                                             continues to read as follows:                      Small Airplane Directorate.
Bulletin No. 300–1–93, dated February
9, 1993, and AC 43.13–1A, Acceptable           Authority: 49 U.S.C. 106(g), 40113, 44701.          Note 2: Information concerning the
                                                                                                existence of approved alternative methods of
Methods, Techniques and Practices. The                                                          compliance with this AD, if any, may be
                                             § 39.13   [Amended]
proposed replacement would be                                                                   obtained from the Small Airplane
required in accordance with the                2. Section 39.13 is amended by
                                                                                                Directorate.
maintenance manual.                          adding a new airworthiness directive
                                             (AD) to read as follows:                              (e) Questions or technical information
Cost Impact                                                                                     related to EXTRA Service Bulletin No. 300–
                                             Extra Flugzeugbau GMBH: Docket No. 97–             1–93 dated February 9, 1993, should be
  The FAA estimates that 23 airplanes              CE–91–AD.                                    directed to EXTRA Flugzeugbau GmbH,
in the U.S. registry would be affected by       Applicability: Models EA–300 and EA–            Flugplatz Dinslaken, D–4224 Hounxe,  ¨
the proposed AD, that it would take          300/S airplanes, all serial numbers,               Germany. This service information may be
approximately 6 workhours per airplane       certificated in any category.                      examined at the FAA, Central Region, Office
to accomplish the proposed actions, and         Note 1: This AD applies to each airplane        of the Regional Counsel, Room 1558, 601 E.
that the average labor rate is               identified in the preceding applicability          12th Street, Kansas City, Missouri 64106.
approximately $60 an hour. Parts cost        provision, regardless of whether it has been          Note 3: The subject of this AD is addressed
approximately $500 per airplane. Based       modified, altered, or repaired in the area         in German AD No. 93–081, dated March 15,
                                             subject to the requirements of this AD. For        1993.
on these figures, the total cost impact of   airplanes that have been modified, altered, or
the proposed AD on U.S. operators is                                                               Issued in Kansas City, Missouri on
                                             repaired so that the performance of the            February 2, 1998.
estimated to be $19,780, or $860 per         requirements of this AD is affected, the
airplane.                                    owner/operator must request approval for an        Carolanne L. Cabrini,
                                             alternative method of compliance in                Acting Manager, Small Airplane Directorate,
Regulatory Impact                            accordance with paragraph (d) of this AD.          Aircraft Certification Service.
   The regulations proposed herein           The request should include an assessment of        [FR Doc. 98–3227 Filed 2–9–98; 8:45 am]
would not have substantial direct effects    the effect of the modification, alteration, or     BILLING CODE 4910–13–U
on the States, on the relationship           repair on the unsafe condition addressed by
between the national government and          this AD; and, if the unsafe condition has not
the States, or on the distribution of        been eliminated, the request should include
                                             specific proposed actions to address it.           ENVIRONMENTAL PROTECTION
power and responsibilities among the                                                            AGENCY
various levels of government. Therefore,        Compliance: Required as indicated in the
                                             body of this AD, unless already
in accordance with Executive Order           accomplished.                                      40 CFR Part 52
12612, it is determined that this               To prevent a control cable from pulling         [MI56–01–7264b; FRL–5963–6]
proposal would not have sufficient           through an incorrectly swaged sleeve, which
federalism implications to warrant the       could result in loss of rudder control with        Approval and Promulgation of
preparation of a Federalism Assessment.      consequent loss of control of the airplane,        Implementation Plan; Michigan
   For the reasons discussed above, I        accomplish the following:
certify that this action (1) is not a           (a) Within the next 100 hours time-in-          AGENCY:  Environmental Protection
‘‘significant regulatory action’’ under      service (TIS) after the effective date of this     Agency.
Executive Order 12866; (2) is not a          AD, inspect the rudder control cables to
                                             assure that correctly swaged Nicopress® type       ACTION: Proposed rule.
‘‘significant rule’’ under DOT
                                             sleeves are installed at each end of the cables.
Regulatory Policies and Procedures (44       Accomplish this inspection in accordance           SUMMARY:   The United States
FR 11034, February 26, 1979); and (3) if     with EXTRA Service Bulletin No. 300–1–93,          Environmental Protection Agency
promulgated, will not have a significant     dated February 9, 1993, and Advisory               (USEPA) proposes to approve a revision
economic impact, positive or negative,       Circular (AC) 43.13–1A, Acceptable Methods,        to Michigan’s State Implementation
on a substantial number of small entities    Techniques and Practices.                          Plan (SIP) that was submitted on May
                    Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                            6691

16, 1996, and supplemented on               ENVIRONMENTAL PROTECTION                      Arthur 15% Rate of Progress Plan and
September 23, 1997. The revision            AGENCY                                        Contingency Plan.
included Part 55 of Act 451 of 1994, the                                                  DATES: Comments on this proposed rule
Natural Resources and Environmental         40 CFR Part 52                                must be postmarked by March 12, 1998.
Protection Act (Part 55). On December       [TX82–1–7336a; FRL–5962–6]                    If no adverse comments are received,
30, 1997, Michigan Department of                                                          then the direct final rule is effective on
Environmental Quality (MDEQ)                Approval and Promulgation of                  April 13, 1998.
withdrew most of Part 55. In this action,   Implementation Plan, Texas: 15% Rate-         ADDRESSES: Written comments on this
the United States Environmental             of-Progress Plan, 1990 Emission               action should be addressed to Mr.
Protection Agency (USEPA) is                Inventory, Motor Vehicle Emission             Thomas H. Diggs, Chief, Air Planning
proposing to approve sections 324.5524      Budget, and Contingency Plan for the          Section (6PD–L), at the EPA Regional
and 324.5525 which contain control          Beaumont/Port Arthur Ozone                    Office listed below. Copies of the
requirements and applicable definitions     Nonattainment Area                            documents relevant to this proposed
for fugitive dust sources.                                                                rule are available for public inspection
                                            AGENCY:  Environmental Protection             during normal business hours at the
   In the final rules section of this       Agency (EPA).                                 following locations. Interested persons
Federal Register, the USEPA is              ACTION: Proposed rule.                        wanting to examine these documents
approving this action as a direct final                                                   should make an appointment with the
                                            SUMMARY:    In this action, EPA proposes
without prior proposal because USEPA                                                      appropriate office at least 24 hours
                                            to approve revisions to the Texas State
views this as a noncontroversial action                                                   before the visiting day.
                                            Implementation Plan (SIP) for the
and anticipates no adverse comments. If                                                      Environmental Protection Agency,
                                            Beaumont/Port Arthur ozone
no adverse comments are received in                                                       Region 6, Multimedia Planning and
                                            nonattainment area for the purpose of
response to that direct final rule, no                                                    Permitting Division, 1445 Ross Avenue,
                                            satisfying the 15% rate-of-progress
further activity is contemplated in                                                       Suite 700, Dallas, Texas 75202–2733,
                                            requirements of the Clean Air Act as
relation to this proposed rule. If USEPA                                                  telephone (214) 665–7214.
                                            amended in 1990, which will aid in
receives adverse comments, the direct                                                        Texas Natural Resource Conservation
                                            ensuring the attainment of the National
final rule will be withdrawn and all                                                      Commission, 12100 Park 35 Circle,
                                            Ambient Air Quality Standard for
public comments received will be                                                          Building F, Austin, Texas 78753.
                                            ozone. The EPA is also proposing to
addressed in a subsequent final rule                                                      FOR FURTHER INFORMATION CONTACT: Mr.
                                            approve the associated Motor Vehicle
based on this proposed rule. The            Emission Budget for the area.                 Guy Donaldson of the EPA Region 6 Air
USEPA will not institute a second              In addition, EPA proposes to fully         Planning Section at the above address,
comment period on this action. Any          approve revisions to the 1990 base year       telephone (214) 665–7242.
parties interested in commenting on this    emissions inventory and the                   SUPPLEMENTARY INFORMATION: See the
document should do so at this time.         contingency plan for this area.               information provided in the direct final
                                               This proposed action also replaces the     action of the same title which is
DATES: Comments on this proposed            proposed limited approval/limited             published in the Rules and Regulations
action must be received by March 12,        disapproval of the Beaumont/Port              section of this Federal Register.
1998.                                       Arthur 15% Plan and Contingency Plan          List of Subjects in 40 CFR Part 52
ADDRESSES:   Written comments should        published on January 29, 1996, 61 FR
                                            2751. The May 22, 1997 (62 FR 27964),           Environmental protection, Air
be sent to: Carlton T. Nash, Chief,                                                       pollution control, Carbon monoxide,
Regulation Development Section, Air         limited approval of the Volotile Organic
                                            Compound control measures continues           Hydrocarbons, Incorporation by
Programs Branch (AR–18J), USEPA,                                                          reference, Intergovernmental relations,
                                            in effect.
Region 5, 77 West Jackson Boulevard,           In the final rules section of this         Lead, Nitrogen dioxide, Ozone,
Chicago, Illinois 60604–3590.               Federal Register, EPA is approving the        Particulate matter, Reporting and
SUPPLEMENTARY INFORMATION:      For         State’s SIP revision as a direct final rule   recordkeeping requirements, Sulfur
                                            without prior proposal because the            oxides, Volatile organic compounds.
additional information, see the direct
final rule which is located in the Rules    Agency views this as a noncontroversial         Authority: 42 U.S.C. 7401 et seq.
section of this Federal Register. Copies    amendment and anticipates no adverse            Dated: January 22, 1998.
of the request and the USEPA’s analysis     comments. A detailed rationale for the        Lynda F. Carroll,
are available for inspection at the         approval is set forth in the direct final     Acting Regional Administrator, Region 6.
following address: (Please telephone        rule. If no adverse comments are              [FR Doc. 98–3318 Filed 2–9–98; 8:45 am]
Kathleen D’Agostino at (312) 886–1767       received in response to this proposed         BILLING CODE 6560–50–P
                                            rule, no further activity is contemplated
before visiting the Region 5 office.)
                                            in relation to this rule. If EPA receives
USEPA, Region 5, Air and Radiation
                                            adverse comments, the direct final rule       ENVIRONMENTAL PROTECTION
Division, 77 West Jackson Boulevard,
                                            will be withdrawn, and all public             AGENCY
Chicago, Illinois 60604–3590.               comments received will be addressed in
  Authority: 42 U.S. C. 7401 et seq.        a subsequent final rule based on this         40 CFR Part 372
  Dated: January 12, 1998.                  proposed rule. The EPA will not               [OPPTS–400122; FRL–5760–2]
David A. Ullrich,                           institute a second comment period on
                                            this action. Any parties interested in        Emergency Planning and Community
Acting Regional Administrator, Region V.
                                            commenting on this action should do so        Right to Know; Section 313, Toxic
[FR Doc. 98–3176 Filed 2–9–98; 8:45 am]     at this time.                                 Release Inventory Reporting; Notice of
BILLING CODE 6560–50–P                         Please see the direct final rule of this   Receipt of Petition
                                            action located elsewhere in today’s
                                            Federal Register for a detailed               AGENCY: Environmental Protection
                                            description of the Beaumont/Port              Agency (EPA).
6692              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

ACTION: Notice of receipt of petition and    claim and the information may be made             despite EPA’s own findings that show SIC
request for comments.                        available to the public by EPA without            Code 45 facilities release more toxic
                                             further notice to the submitter.                  chemicals than do most of the facilities
SUMMARY: This notice announces the                                                             currently proposed for reporting.
                                             FOR FURTHER INFORMATION CONTACT:                     For over three years, EPA analyses have
receipt of a petition from the Natural
                                             Vicki Anderson at (202) 260–3544, e-              shown that SIC Code 45 facilities should be
Resources Defense Council (NRDC),
                                             mail: anderson.vicki@epamail.epa.gov.             required to report TRI chemical releases. SIC
Defenders of Wildlife, National
                                             for specific information regarding this           Code 45 was a ‘‘Primary Candidate’’ for
Audubon Society and the Humane                                                                 inclusion in EPA’s industry expansion
                                             notice. For further information on
Society of the United States, requesting                                                       rulemaking based on volume of TRI
EPA to initiate rulemaking to add            EPCRA section 313, contact the
                                             Emergency Planning and Community                  chemicals released.1 In fact, SIC Code 45
Standard Industrial Classification (SIC)                                                       ranked third among 25 SIC codes considered
Code 45, Transportation by Air, to the       Right-to-Know Hotline, Environmental
                                                                                               for inclusion in the rule. While SIC Code 45
list of facilities required to report        Protection Agency, Mail Stop 5101, 401            facilities use TRI-listed chemicals for a
releases under section 313 of the            M St., SW., Washington, DC 20460,                 variety of purposes, ethylene glycol is the
Emergency Planning and Community             Toll-free: 1–800–535–0202, in Virginia            TRI chemical used in the greatest quantities
Right-to-Know Act (EPCRA) and section        and Alaska: 703–412–9877 or Toll free             at these facilities. According to EPA’s own
                                             TDD: 800–553–7672.                                estimates, during icing conditions at the 17
6607 of the Pollution Prevention Act of                                                        busiest airports in the United States, some 58
1990 (PPA). The petition was submitted       SUPPLEMENTARY INFORMATION:
                                                                                               million pounds of ethylene glycol are
pursuant to section 313(b)(1)(B) of          I. Background                                     released to the environment each year.2 Thus,
EPCRA and sections 553(e) and 555(e)                                                           SIC Code 45 facilities clearly warrant listing.
of the Administrative Procedure Act             On April 16, 1997, the EPA received               The undersigned (Natural Resources
(APA). Also, as part of this notice, EPA,    a petition from the Natural Resources             Defense Council, Defenders of Wildlife,
as requested by the petitioners, is          Defense Council, Defenders of Wildlife,           National Audubon Society, and the Humane
publishing the petition in its entirety.     National Audubon Society, and the                 Society of the United States), represent a
Finally, EPA is seeking comments from        Humane Society of the United States,              group of environmental, wildlife, and
interested or potentially affected parties   requesting EPA to initiate rulemaking to          humane organizations. The Natural
                                             add Standard Industrial Classification            Resources Defense Council (NRDC) is an
concerning issues associated with                                                              environmental advocacy organization with
adding airports to the list of facilities    (SIC) Code 45, Transportation by Air, to
                                             the list of facilities required to report         over 350,000 members and contributors
that must report under section 313 of                                                          nationwide. Since 1970, NRDC’s scientists
EPCRA and section 6607 of the PPA,           releases under section 313 of the                 and attorneys have been key players in
and the motor vehicle exemption under        Emergency Planning and Community                  virtually every critical environmental issue.
40 CFR 372.38(c).                            Right-to-Know Act and section 6607 of             Defenders of Wildlife, representing 200,000
DATES: Written comments in response to
                                             the PPA. The petitioners also requested           members, is one of the leading national
this request for comments must be            that the petition be printed in the               organizations fighting to preserve America’s
received on or before April 13, 1998.        Federal Register. The following is the            endangered species and biological diversity.
                                             complete text of the petition:                    National Audubon Society, representing
ADDRESSES: Each comment must bear                                                              550,000 members works to conserve and
the docket control number ‘‘OPPTS–           II. The Petition                                  restore natural ecosystems, focusing on birds
400122.’’ All comments should be sent        April 16, 1997                                    and other wildlife for the benefit of humanity
in triplicate to: OPPT Document Control      The Honorable Carol Browner                       and the earth’s biological diversity. The
Officer (7407), Office of Pollution          Administrator                                     Humane Society of the United States, with
Prevention and Toxics, Environmental         United States Environmental Protection            4.4 million members and constituents, is the
Protection Agency, 401 M St., SW.,           Agency                                            largest animal protection organization in the
Room G–099, East Tower, Washington,          401 M Street SW                                   United States. Collectively, the undersigned
                                             Washington, D.C. 20460                            groups represent over 5 million members and
DC 20460.                                                                                      constituents.
   Comments and data may also be               Re: Petition to Add Standard Industrial         I. Introduction
submitted electronically to: oppt.           Classification Code 45, Transportation By            The fundamental purposes of EPCRA are to
ncic@epamail.epa.gov. Follow the             Air, to the List of Facilities Required to        inform citizens of toxic chemical use in their
instructions under Unit IV. of this          Report Releases of Chemicals                      neighborhoods and to encourage industry to
document. No Confidential Business           Dear Administrator Browner:                       reduce toxic chemical use. Since its
Information (CBI) should be submitted           Pursuant to section 313(b)(1)(B) of the        enactment in 1986, EPCRA has successfully
through e-mail.                              Emergency Planning and Community Right            achieved a significant reduction in toxic
   All comments which contain                to Know Act (EPCRA) 42 U.S.C. §                   chemical use. As Administrator, you have
information claimed as CBI must be           11023(b)(1)(B), and sections 553(e) and           noted, ‘‘the success of the program comes
clearly marked as such. Three sanitized      555(e) of the Administrative Procedure Act,       from the public’s and industry’s use of this
                                             5 U.S.C. §§ 553(e), the undersigned groups        information to motivate and empower
copies of any comments containing
                                             hereby petition the United States                 initiatives at all levels; from facility teams, to
information claimed as CBI must also be      Environmental Protection Agency (EPA) to          community groups, to trade associations, and
submitted and will be placed in the          initiate rulemaking to add Standard               state and local government.’’3 EPA’s failure to
public record for this action. Persons       Industrial Code (SIC) 45, Transportation by       include SIC Code 45 in its facility expansion
submitting information on any portion        Air, which includes airports, airline             rule has achieved the opposite result; recent
of which they believe is entitled to         terminals, and aircraft maintenance facilities,   data demonstrates that ethylene glycol use at
treatment as CBI by EPA must assert a        to the list of facilities required to report      SIC Code 45 facilities is increasing. Because
business confidentiality claim in            releases of toxic chemicals listed on the         ethylene glycol is cheaper than less toxic
accordance with 40 CFR 2.203(b) for          Toxic Release Inventory (TRI). We also            alternatives, EPA’s failure to include SIC
each such portion. This claim must be        request that EPA immediately publish this         Code 45 facilities in the facility expansion
                                             petition in the Federal Register.                 rule has eliminated a critical incentive for
made at the time that the information is        SIC Code 45 facilities are responsible for     these facilities to use less toxic chemicals.
submitted to EPA. If a submitter does        the release of millions of pounds of toxic           In order to fulfill EPCRA’s source
not assert a confidentiality claim at the    chemicals into the environment each year.         reduction and public information objectives,
time of submission, EPA will consider        Nevertheless, EPA eliminated SIC Code 45          EPA must act to carry out its original
this as a waiver of any confidentiality      from its first industry expansion rulemaking,     intention to require SIC Code 45 facilities to
                    Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                                      6693

report TRI releases. As demonstrated below,       for ethylene glycol is 5.5 mg/L for children     hearing loss. Toluene also affects the
adding SIC Code 45 to the list of industries      and 19.25 mg/L for adults.14 The FDA has         kidneys. Repeated exposure to high levels of
required to report TRI releases achieves          stated that drugs containing ethylene glycol     toluene can cause permanent brain and
EPCRA’s statutory purposes and satisfies          are considered dangerous to health and are       speech damage, vision and hearing problems,
EPA’s decisional criteria for adding facilities   misbranded15 and that ‘‘under no                 memory loss and decreased mental ability.26
under EPCRA.                                      circumstances [is ethylene glycol] to be used    3. Significant Human and Wildlife Exposure
II. SIC Code 45 Meets EPA’s Criteria for          in any product, whether food, drug, or           Results From Deicing Operations
Addition to the List of Facilities Required to    cosmetic that is likely to be taken internally      Release of very large volumes of ethylene
Report TRI Releases                               or otherwise absorbed by external                glycol during deicing and anti-icing
   Under EPCRA section 313(b)(1)(B), EPA          application.’’16                                 operations create the potential for human
may add industry groups to the list of               Ethylene glycol has also been shown to be     exposures that may have significant health
facilities required to report TRI releases        toxic by inhalation. Inhalation, of course, is   consequences for airline passengers,
where EPA determines that adding an               the likely exposure pathway for airport users    employees, and other service personnel.27
industry to the list furthers the purposes of     such as passenger and flight crew as well as     For example, ethylene glycol has been
EPCRA.4 EPA established three criteria or         airport ground crews. Exposure to as little as   measured during deicing operations at levels
factors for adding facilities under EPCRA         3 to 67 mg/m3 of ethylene glycol for a thirty-   up to 18 mg/L in ambient air.28 One study
section 313(b)(1)(B) in its first facility        day period caused throat irritation and          showed that an airline deicing employee
expansion rulemaking: (1) the ‘‘chemical’’        headaches in humans.17 Levels above 140          could be exposed to 104 mg/m3 of ethylene
factor; (2) the ‘‘activity’’ factor ; (3) the     mg/m3 caused pronounced respiratory              glycol through a saturated mask,29 which
‘‘information’’ factor. SIC Code 45 facilities    irritation, and subjects could not tolerate      would exceed the concentration of 100 mg/
satisfy each of these criteria and therefore      levels of 200 mg/m3.18 In animals ethylene       m330 in the current ACGIH TLV if the
should be required to report TRI releases.        glycol has been shown to cause irritation of     employee sprayed for eight hours. Ethylene
A. The Chemical Factor                            the eyes and respiratory tract, as well as the   glycol has also been measured inside aircraft
   In addressing whether the chemical factor      intestine and lymph nodes. Further,              during deicing operations at levels close to 2
is met, EPA considers evidence that facilities    inhalation of ethylene glycol has been shown     mg/L.31
within an industry group are reasonably           to cause birth defects in laboratory                A recent survey found that 45 of the 50
anticipated to use one or more EPCRA 313          experiments.19                                   busiest airports in the United States were
listed chemicals as part of its routine              Ethylene glycol is also extremely toxic to    located within three miles of an ocean, bay,
operations.5 There can be little question that    animals. Moreover, since it has a sweet taste,   lake, reservoir, river, wetland or stream.32
substantial amounts of TRI chemicals are          it is attractive to both wild animals and        Ethylene glycol has the potential to enter
present at SIC Code 45 facilities. In its         companion animals, thus increasing the           drinking water supplies through discharges
industry profile, EPA determined that toxic       likelihood of ingestion. A recent study of       to surface waters or releases to ground water.
chemicals used by SIC Code 45 facilities          small practice veterinarians throughout the      Moreover, unless the ethylene glycol fluid is
include ethylene glycol, trichloroethylene,       United States found that more than 90,000        captured for recycling, which does not
methylene chloride, acetone, chloroform,          dogs and cats die each year from ingesting       appear to be a common airport practice in the
methyl ethyl ketone, isopropyl alcohol,           ethylene glycol antifreeze.20 Another study      United States,33 the fluid may puddle on-site,
glycol ethers, toluene, xylene, and other         estimated that almost 30 percent of all          infiltrate soil, flow into creeks, streams, or
petroleum distillates.6                           documented dog and cat poisonings were           rivers, or be retained in on-site retention
1. Ethylene Glycol is Toxic to Humans and         due to ethylene glycol.21 Endangered species     basins. Wildlife forage in these environs.
Wildlife                                          have also been poisoned. In 1992, a              Migratory birds are particularly attracted to
   The quantities of ethylene glycol used at      California Condor drank antifreeze and           pooled water. SIC Code 45 facilities may be
SIC Code 45 facilities pose significant risks     died.22 Migratory birds and large, as well as    located adjacent to or in the vicinity of
to humans, companion animals, and wildlife.       small animals have succumbed. In 1989, the       wildlife refuges. For example, John F.
Requiring airports to report ethylene glycol      remains of a polar bear were found on an         Kennedy International Airport in New York
releases will encourage more extensive use of     Alaskan island; ethylene glycol was present      borders on the Jamaica Bay National Wildlife
less toxic alternatives and will therefore        in the soil under the carcass. The polar bear    Refuge--a critical habitat for many species of
reduce human and wildlife exposure to a           apparently ingested an ethylene glycol           migratory birds, waterfowl, and wildlife.
toxic substance.                                  mixture that was used to mark the centerline     Denver’s airport is near the Rocky Mountain
   The acute oral toxicity of ethylene glycol     of roads and runways covered with snow and       Arsenal National Wildlife Refuge.
in humans is well documented. Initially,          ice.23                                              Ethylene glycol has been measured in
ethylene glycol causes impairment of the          2. Health Effects of Other Toxic Substances      stormwater following deicing operations in
nervous system, followed by                       Used at Many Airports                            concentrations as high as 19,800 mg/L,34 and
cardiopulmonary toxicity and severe                  While ethylene glycol appears to be the       up to 13,200 mg/L in receiving waters.35
metabolic acidosis (i.e., the blood becomes       most prevalent toxic substance used at           Ethylene glycol in stormwater runoff at Salt
unacceptably acidic). Kidney failure, major       airports, maintenance facilities at many         Lake City International Airport was measured
neurological disruption, and death can            airports apply chemicals including               at 19,000 mg/L.36 Levels of ethylene glycol at
follow.7 The lethal dose of ingested ethylene     trichloroethylene, toluene, methylene            Denver’s Stapleton Airport ranged from zero
glycol in humans is approximately 1.57g/kg        chloride, chloroform and glycol ethers,          to 5,050 mg/L, with some later
body weight.8 For a 155 pound person, this        which can have serious human health              concentrations exceeding 100,000 mg/L.37
dose is approximately equal to three ounces.      implications. For example, breathing large       These levels far exceed the EPA’s one-day
In 1994, 4,792 cases of ethylene glycol           amounts of methylene chloride for even short     federal drinking water health advisory for
ingestion were reported to poison control         periods adversely affects the human nervous      ethylene glycol of 18.86 mg/L for children.
centers throughout the United States.9 Of         system and the heart, and repeated exposure         Because most ethylene glycol releases at
these exposures, 106 cases were life-             to methylene chloride causes kidney and          airports occur during cold weather,
threatening or resulted in significant residual   liver damage and cancer in laboratory tests-     significant concentrations of ethylene glycol
disability, and 34 cases resulted in death.10     -repeat exposure may likewise cause cancer       will be present downstream from airports.
   Chronic effects from ethylene glycol           in humans.24 Very high levels of chloroform      Glycols do not rapidly biodegrade at low
ingestion include reproductive,                   may result in unconsciousness and death,         temperatures.38 Since biodegradation of
developmental, and renal effects. Ethylene        and in moderate amounts chloroform affected      ethylene glycol occurs slowly at low
glycol was found to cause birth defects in        reproduction in animal studies. In addition,     temperatures, ethylene glycol travels farther
mice.11 EPA has recognized the heightened         the Department of Health and Human               down river ecosystems or through the soil
chronic toxicity of ethylene glycol by            Services has determined that chloroform may      before any biodegradation occurs. Further,
establishing Reference Doses (RfDs)12 and         reasonably be anticipated to be a                biodegradation of ethylene glycol in ground
long-term Drinking Water Health Advisories.       carcinogen.25 Low-to-moderate levels of          water proceeds at a slower rate than in
The RfD of ethylene glycol is 2.0 mg/kg/          toluene from long-term exposure can cause        surface water because of the limited
day.13 The Drinking Water Health Advisory         memory loss, nausea, loss of appetite, and       microbial populations and less available
6694                Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

oxygen in groundwater. Thus, there is a              Per day and over a full season, airports use   ethylene glycol to maintain traction on
greater potential that humans and wildlife        ethylene glycol in staggering amounts. Based      runways during icy conditions. EPA
will be exposed to a toxic chemical.              on information filed with its NPDES permit,       reported, based on the ACI survey, that 4,000
   In addition, both ethylene glycol and a less   Chicago O’Hare International Airport              to 36,000 gallons (37,240 to 335,160 pounds)
toxic alternative, propylene glycol, exert a      reported that from July 1975 to June 1981, its    of ethylene glycol was used by one airport to
strong biochemical oxygen demand (BOD) on         average annual use of ethylene glycol deicing     deice airfield surfaces each year.58 At
receiving waters. This contributes to             fluid was 348,500 gallons (almost 2.9 million     Chicago O’Hare International Airport 6.8
eutrophication (oxygen depletion), nuisance       pounds).47 Assuming a 90 day de-icing             million pounds of a 60 percent ethylene
algal blooms, and fishery impacts.                season (undoubtedly longer than reality), this    glycol solution was applied to runways
   Ethylene glycol releases are by no means       amounts to an average of over 3,800 gallons       during the period July 1975 to June 1981.59
the only threat to surface and groundwater        (36,000 pounds) per day. Similarly, a study          Ethylene glycol is also a common base for
that result from operations at SIC Code 45        at Baltimore Washington International             automotive antifreeze. Airport ground service
facilities. Leaking underground storage tanks     Airport (BWI) estimated between 250,000           equipment and rental car parking lots may
and pipes are a significant problem. For          and 280,000 gallons (approximately                also release ethylene glycol.
example, John F. Kennedy International,           1,489,600 pounds) of ethylene glycol are             Other airport operations use other toxic
Dallas-Fort Worth, Atlanta, Los Angeles           used per year.48 EPA reports that the 41st        chemicals (see footnote 6). As EPA noted,
International, San Francisco, Cleveland, and      busiest airport in the United States (based on    cleaning is an essential process in the
Miami airports have all reported leaking          numbers of departures), Standiford Field in       maintenance and repair of commercial
underground tanks.39 At John F. Kennedy           Louisville, Kentucky, used an average of          aircraft.60 Cleaning removes contaminants
International there are two underground           33,000 pounds of ethylene glycol per day in       and prepares parts for subsequent inspection,
plumes of aviation fuel beneath the airport,      connection with its deicing operations in         repair, bonding, coating, and testing. Aircraft
estimated to contain 3-5 million gallons of jet   December 1991 and January and February            metals and electronics are the primary focus
fuel, that resulted from leaking underground      1992.49 EPA also reports, based on a survey       of cleaning activities. Metal cleaning removes
pipes.40                                          conducted by the Airports Council                 oil, grease, and other contaminants from
B. The Activity Factor                            International (ACI), that annual ethylene         metal parts, while electronics cleaning
   Under the activity factor EPA considers        glycol use at 35 SIC Code 45 facilities ranged    removes of flux residues that remain after
evidence that facilities within an industry       from 1,500 to 4,491,400 gallons undiluted         soldering operations and conducted. In both
group manufacture, process, or otherwise use      (13,965 to 41,814,934 pounds).50                  cases, SIC Code 45 facilities use TRI listed
one or more TRI chemicals.41 EPA has                 The vast majority of the ethylene glycol       solvents in cleaning operations.
determined that facilities in SIC Code 45 may     used is released directly into the                C. The Information Factor
process or otherwise use TRI chemicals,           environment as airport and runway runoff.            Under the information factor, EPA
especially ethylene glycol, when conducting       Consistent with these reported volumes of         considers evidence regarding whether
aircraft and ground surface deicing or anti-      ethylene glycol used for deicing operations,      requiring a candidate industry group to
icing operations and maintaining, repairing,      EPA’s industry profile for SIC Code 45            report is reasonably anticipated to increase
and cleaning aircraft.42                          estimated that 58 million pounds of ethylene      the information made available pursuant to
   During icing conditions, SIC Code 45           glycol would be released annually during          EPCRA section 313 or otherwise further the
facilities apply ethylene glycol to aircraft      icing conditions at the 17 busiest airports in    purposes of EPCRA section 313. In making
using hand-held applicators that contain a        the United States. If these facilities had been   this determination EPA considers evidence
volume of fluid in a canister connected to a      required to report ethylene glycol releases in    related to one or more of the following:
hose and spray nozzle. In most cases, aircraft    1993, ethylene glycol would have ranked           whether a significant portion of facilities
deicing is conducted at the terminal gate just    approximately 12th out of the 316 TRI             within the candidate industry group (1) are
prior to take-off. At some facilities, aircraft   chemicals reporting TRI release in 1993--         likely to exceed the 313 reporting thresholds,
deicing is conducted away from the gate.          outranking total reported releases of such TRI    (2) are likely to be subject to an existing
Sometimes, if an aircraft is held too long at     chemicals as sulfuric acid, manganese             statutory or regulatory exemption, (3) are
or away from the gate, more than one              compounds, and trichloroethylene.51 If            likely to contain release and waste
application of ethylene glycol will be            required to report, SIC Code 45 facilities        management data, or (4) whether a significant
required. Ethylene glycol use at SIC Code 45      would have ranked 9th in total volume of          portion of the facilities within the industry
facilities is probably unique among TRI           releases among 20 industries reporting under      group are expected to file a TRI certification
chemical use in that its use requires ethylene    TRI.52                                            statement.61
glycol to be deliberately sprayed into the           Ethylene glycol releases from airports are     1. Requiring SIC Code 45 Facilities to Report
environment.                                      already required to be reported in Canada         Will Increase the Information Made Available
   EPA determined that ethylene glycol was        and to some State agencies in the U.S.            Pursuant to EPCRA section 313
the chemical used in the largest quantities by    Experience under the Canadian National               EPA estimates that if SIC Code 45 facilities
SIC Code 45 facilities. During winter months      Pollutant Release Inventory (NPRI) generally      were required to report TRI releases, 824
when icy conditions exist, airports and           confirms U.S. projections. The NPRI               facilities would submit 984 reports.62 EPA
airlines use deicing and anti-icing fluids to     indicates that over one-half of the facilities    further estimates that 748 of these reports
ensure passenger safety. If an airplane is        with the largest releases of ethylene glycol      would be submitted based on ethylene glycol
covered with ice or snow, thousands of            were airports or aviation service                 use in connection with deicing operations.63
gallons of deicing solution may be necessary      companies.53 In 1993, ethylene glycol ranked      Given EPA estimates that ethylene glycol use
to deice just one aircraft. Salt Lake City        ninth in volume of total releases among all       may exceed 58 million pounds per year,
Airport has reported using 175 to 600 gallons     reported chemicals in Canada.54 Moreover, of      requiring SIC Code 45 facilities to report
(1,300 to 4,460 pounds) per aircraft.43           the top 10 facilities reporting ethylene glycol   ethylene glycol releases unquestionably
Depending on weather conditions, Detroit          in 1993, six were airports, airbases, or          increases the amount of information made
Metropolitan Airport reported that deicing        aviation service facilities. Ethylene glycol      available to the public pursuant to EPCRA
may require 1,000 to 3,000 gallons (7,400 to      releases for these facilities alone combined      section 313.
22,300 pounds) of deicing fluid for a             totaled 1,326 tons (2,652,000 pounds).55             The public has no other means by which
commercial plane the size of a DC-8.44 In a       Similarly, SIC Code 45 facilities in Minnesota    to learn that huge quantities of toxic ethylene
‘‘worst-case’’ situation, as much as 4,000        and Massachusetts report ethylene glycol use      glycol are being released in their
gallons of a 50-50 mixture of glycol and water    to state agencies.56 In Minnesota, four           communities. While section 103(a) of the
has been used at Detroit Metropolitan Airport     facilities reported ethylene glycol use from      Comprehensive Environmental Response
on a large airplane when it was coated with       80,000 to 2.2 million pounds in 1993. In          Compensation and Liability Act (CERCLA),
one-half inch of ice.45 Up to 1,000 gallons       Massachusetts, one airline reported using         42 U.S.C.§ 9603(a); requires any person in
(7,400 pounds) has often been used to deice       276,000 pounds or gallons (the report did not     charge of a facility from which CERCLA
a single aircraft under severe weather            specify a unit) of ethylene glycol.57             hazardous substances has been released in a
conditions at Stapleton International Airport        In addition to ethylene glycol releases from   quantity that exceeds its reportable quantity
in Denver.46                                      aircraft deicing, SIC Code 45 facilities use      (RQ) within a 24 hour period to immediately
                     Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                                         6695

notify the National Response Center, few SIC       alternatives occurred, although alternative       containing listed section 313 chemicals for
Code 45 facilities have complied with              deicing fluids cost somewhat more than            the purpose of maintaining motor vehicles is
CERCLA’s requirements. For those that do,          ethylene glycol. As President Clinton             believed by EPA to be an incidental chemical
reports are not easily accessed by the pubic.      recently stated, EPCRA is intended to             use relative to the overall function of
   The Air Transport Association (ATA)             ‘‘provide a strong incentive for businesses to    facilities currently covered under section
reported to its members and to the Federal         find their own ways of preventing                 313.76 The spraying of vast quantities of
aviation Administration that CERCLA section        pollution.’’68 However this promising trend       deicing fluids on aircraft at airports is neither
103 reporting was not triggered by ethylene        has been reversed due to the exception of SIC     a maintenance activity nor is it ‘‘incidental’’
glycol use, because ‘‘ethylene glycol is           code 45 facilities.69                             to the overall function of airports.
typically discharged via storm sewers to a            Using available alternatives to ethylene          The Air Transportation Association of
NPDES permitted outfall.’’64 While it is true      glycol avoids releases of TRI-listed toxic
                                                                                                     America (ATAA) in comments submitted to
that CERCLA section 103(a) reporting               chemical without compromising aviation
                                                                                                     the Agency made clear that ‘‘the use of
contains an exemption for federally                safety and passenger protection. In addition,
                                                   because less toxic propylene glycol-based         deicing fluids is an integral aspect of
permitted releases, the ATA’s analysis is                                                            ensuring aviation safety and a required
nevertheless incorrect. To be exempt from          alternatives have a bitter taste, they are not
                                                   attractive to birds and wildlife. (As noted       component of FAA-approved airline deicing
CERCLA release reporting, ethylene glycol
                                                   above, ethylene glycol is sweet tasting and is    programs prescribed by FAA regulations.’’77
must be in stormwater discharged through an
                                                   attractive to birds and wildlife.) It is          While ATAA argued that the motor
outfall and must either (1) comply with the
effluent limits prescribed in the permit, or (2)   important to note that all glycols are toxic to   exemption should apply to the use of
be treated in an on-site treatment system as       aquatic life, as they place a high biochemical    solvents in aircraft maintenance operations,
prescribed in the permit, or (3) be a              oxygen demand (BOD) on receiving waters.          ATAA did not describe deicing operations as
continuous or anticipated intermittent             Using infra-red heat from aircraft deicing is     part of those maintenance activities.78 We,
discharge that is conveyed to a point source       one promising technique that offers the           however, urge that all activities as SIC Code
as provided in the permit or permit                possibility of eliminating glycol use             45 facilities be listed. Consistent with
application.65 Presently, not all SIC Code 45      altogether.70 Such less toxic alternatives are    ATAA’s position, EPA’s own economic
facilities have NPDES permits that provide         ‘‘environmentally preferable’’ to ethylene        analysis assumed correctly that the motor
for the management or treatment of ethylene        glycol fluids under criteria set forth in the     vehicle exemption would not apply to
glycol. For those that do, the permit may not      Pollution Prevention Act of 1990 (the PPA).71     facilities at which air transportation is the
yet include effluent limitations for ethylene      Encouraging product substitution achieves         ‘‘primary economic function.’’79
glycol.66                                          the important goal of source reduction under      Nevertheless, the Agency eliminated SIC
                                                   both TRI and the PPA.72                           Code 45 facilities from the proposed rule
   Moreover, EPA’s current permitting
                                                      By failing to include SIC Code 45 facilities   based on the motor vehicle exemption,
approach to airports, the industrial storm
                                                   in the proposed rule, EPA has sent the wrong      without any supporting reasoning, either in
water NPDES program, is not structured to
                                                   message. The EPA has begun to convey the          the rule or in the documents supporting the
yield either consistent use and release data,
                                                   message to stakeholders that it is no longer
or consistent pollution prevention                                                                   rule.
                                                   concerned about ethylene glycol use at these
technology implementation. TRI does not                                                              IV. Conclusion
                                                   facilities. Such a message weakens the
have similar exemptions and is therefore the                                                            The undersigned organizations seek to
                                                   incentive for SIC Code 45 facilities to
most complete and accessible source of                                                               make EPA aware of the health and ecological
                                                   voluntarily reduce ethylene glycol use. In
information for the public on toxic chemical                                                         risks associated with ethylene glycol use at
                                                   order to continue decreasing the amount of
releases. EPA’s failure to require SIC Code 45     ethylene glycol that is released from airport     SIC Code 45 facilities and the need to require
facilities to report toxic chemical use negates    deicing operations, EPA must require airports     these facilities to report their releases under
TRI’s public informational purpose.                to report ethylene glycol releases on an          the TRI. By this petition, we request that EPA
   The EPA has stated that TRI reporting not       annual basis.                                     immediately initiate and promptly conclude
only increases the public’s knowledge of           3. EPA Misapplied the Motor Vehicle               rulemaking to require SIC Code 45 facilities
pollutants released to the environment, but        Exemption to Exclude SIC Code 45 Facilities       report their toxic chemical use under the TRI.
also improves public understanding of the          From the Industry Expansion Rulemaking            We also request that EPA immediately
health and environmental risks of toxic               Based on its third place ranking for volume    publish this petition in the Federal Register.
chemicals, allows the public to make               of toxic chemical releases, SIC Code 45              Respectfully submitted,
informed decisions on where to work and            facilities were retained by EPA as a ‘‘Primary       /s/
live, enhances the ability of corporate lenders    Candidate’’ for inclusion in the proposed            Peter Lehner
and purchasers to more accurately gauge a          rule.73 Yet, without explanation, the Agency         Senior Attorney
facility’s potential liability, and assists        removed SIC Code 45 facilities from further          Natural Resources Defense Council
federal, state, and local authorities in making    consideration, asserting that operations at         /s/
better decisions on acceptable levels of toxics    these facilities fall within the motor vehicle
in communities.67 This is particularly                                                                 Jennifer Stenzel
                                                   exemption.74 There is no basis in the               Research Associate
important where there exist acceptable             administrative record for EPA’s application
alternatives as in the case of ethylene glycol                                                         Natural Resources Defense Council
                                                   of the motor vehicle exemption. To the
deicing. In light of this public informational     contrary, the record expressly indicates that       /s/
purpose, EPA should be more inclusive,             the motor vehicle exemption should not              James K. Wyerman
rather than less, when considering potential       apply to SIC Code 45 facilities because air         Vice President for Program
benefits of TRI reporting for particular           transportation is the primary economic              Defenders of Wildlife
industrial sectors. Including SIC Code 45          function.                                           /s/
facilities would serve this public purpose by         By applying the motor vehicle exemption          John D. Echeverria
encouraging dissemination of information           to airport deicing operations, EPA has
about releases of toxic substances such as                                                             General Council
                                                   misconstrued the purpose of the exemption.
ethylene glycol.                                                                                       National Audubon Society
                                                   In order to place some limitations on the
2. Requiring SIC Code 45 Facilities to Report      definition of ‘‘otherwise use’’ under section       /s/
Furthers the Purposes of EPCRA                     313, EPA developed a list of certain exempt         Patricia Forkan
   When it appeared that EPA would require         uses of toxic chemicals including the ‘‘use of      Executive Vice President
the reporting of ethylene glycol, SIC Code 45      products containing toxic chemicals for the         Humane Society of the United States
facilities significantly reduced their use of      purpose of maintaining motor vehicles
                                                                                                       /s/
ethylene glycol deicing fluids. Before             operated by the facility.’’75 The motor vehicle
                                                                                                       Leslie Sinclair, DVM
ethylene glycol was considered for placement       exemption is not a statutory exemption under
                                                                                                       Director of Companion Animal Care
on the TRI, it was the leading constituent of      EPCRA.
                                                                                                       Humane Society of the United States
deicing fluid. With the TRI listing, however,         In the proposed facility expansion rule,
some product substitution with less toxic          EPA explained that ‘‘the use of materials         Footnotes
6696                 Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

   1Environmental Protection Agency,                  13 The RfD is based on an oral feeding            22 U.S. Fish and Wildlife Service, 17

Development of SIC Code Candidates:                study in rats. See Depass, L.R., R. H. Garman,    Endangered Species Technical Bulletin 2
Screening Document (June 1996).                    M.D., Woodside, W.E., Giddons, R.R.               (1992). See also, U.S. Fish and Wildlife
   2 Science Applications International            Maronpot, and C.S. Weil, Chronic toxicity         Services, Fact Sheet: California Condor,
Corporation, SIC Code Profile 45                   and oncogenicity of ethylene glycol in rats       (Gymnogyps Californianus) (undated).
Transportation By Air (1994).                      and mice, 7 Fund. Appl. Toxicol. 547 (1986).         23 S. Anstrup, C. Gardner, K. Myers, F.
   3 EPA, Report to President Clinton,                14 Ethylene Glycol Health Advisory, US         Oehme, Ethylene Glycol (Antifreeze)
Expansion of Community Right-to-Know               Environmental Protection Agency, Office of        Poisoning in a Free-Ranging Polar Bear, 31
Reporting to Include Chemical Use Data:            Drinking Water (Mar. 31, 1987).                   Vet. Hum. Toxicol. 317 (1989).
Phase III of the Toxics Release Inventory at          15 FDA correspondence with industry, TC-          24 U.S. Environmental Protection Agency,
2.                                                 389, Aug. 6, 194, reprinted in Kleinfeld, V.A.    Office of Pollution Prevention and Toxics,
   4 61 Fed. Reg. 33588, 33593 (June 27,           and C.W. Dunn, Federal Food Drug and              Chemicals in the Environment: Methylene
1996).                                             Cosmetic Act Judicial Administrative Record,      Chloride (Dichloromethane) (CAS No. 75-09-
   5 Id. at 33594.                                 1938-1949, Food and Drug Law Institute,           2) (1994).
   6 Science Applications International            Commerce Clearing House, Chicago (1978)              25 U. S. Department of Health and Human
Corporation, SIC Code Profile 45:                  (FDA Trade Correspondence were pre-1946,          Services, Agency for Toxic Substances and
Transportation by Air (1994). See also, EPA,       informal opinions of the FDA based on             Disease Registry, Fact Sheet on Chloroform
Economic Analysis of the Proposed Rule to          replies to day-to-day inquiries; since 1946,      (1993).
Add Certain Industries to EPCRA Section 313        the FDA has published Statements of General          26 U.S. Department of Health and Human
(June 1996) at H-2 (facilities under SIC Code      Policy or Interpretation in the Federal           Services, Agency for Toxic Substances and
45 are expected to report dicholormethane,         Register).                                        Disease Registry, Fact Sheet on Toluene
ethylene glycol, methyl ethyl ketone, sulfuric        16 FDA Correspondence with industry, TC-
                                                                                                     (1995).
acid, toluene, 1,1,1-trichloroethene, and          402, May 14, 1943, reprinted in Kleinfeld,           27 In 1995, a pilot of a commuter flight was
trichloroethylene).                                V.A. and C.W. Dunn, Federal food [sic] Drug       doused with deicer fluid while boarding the
   7 Agency for Toxic Substances and Disease       and Cosmetic Act Judicial Administrative          aircraft at Philadelphia International Airport.
Registry, Ethylene/Propylene Glycol: Case          Record, 1936-1949, Food and Drug Law              The Philadelphia Inquirer (December 21,
Studies in Environmental Medicine, US              Institute, Commerce Clearing House Chicago        1995).
Department of Health and Human Services,           (1978). Ethylene Glycol has limited approval         28 Council of Environmentally Sound
prepared by DeLima Associates, San Rafael,         as an indirect food additive. It may only be      Deicing, Ethylene Glycol: The Scientific
California (Aug. 1992).                            used as a component of food packaging             Basis for Its Retention on EPA’s Toxics
   8 The estimate was derived from the lowest      adhesives. [sic] 21 C.F.R. §175.105 (1995)        Release Inventory (Feb. 1996).
dose of ethylene glycol reported to cause          and in the manufacture of various coatings           29 Montgomery, J.F., A Discussion of the
death in humans, which was 100 ml of               and components of food contact surfaces. 21
                                                                                                     Toxicological and Biological Effects of
ethylene glycol. Laug, E.P., H.O. Calvery, H.J.    C.F.R. § 175.390, 175.300, 175.320, 175.1200,
                                                                                                     Deicing Fluids, American Airlines
Morris, and G. Woodard (1939), The                 177.1630, 177.1680, 177.2420, 176.2105 and
                                                                                                     Environmental Department, at 15 (Sept. 28,
toxicology of some glycols and derivatives,        176.300 (1995).
                                                                                                     1994).
21 J. Ind. Hyd. Toxicol. 173. On a body               17 Wills, J.H., E.S. Coulston, E.S. Harris,
                                                                                                        30 American Conference of Governmental
weight basis, ethylene glycol is more toxic in     E.W. McChesney, J.C. Russell, and D.M.
humans than animal species. Andrews, L.S.          Serronne, Inhalation of aerosolized ethylene      Industrial Hygienists, 1995-1996 Threshold
and R. Snyder (1991), Toxic effects of             glycol in man, 7 Clin. Toxicol. 463 (1974).       Limit Values for Chemical Substances and
solvents and vapors, in M.O. Amdur, J. Doull          18 Id.                                         Physical Agents and Biological Exposure
and C.D. Klaasen, eds. Cassarett and Doull’s          19 Tyl, R.W., B. Ballantyne, et al.,           Indices (BEIs), Cincinnati, Ohio at 21 (1995).
                                                                                                        31 Council for Environmentally Sound
Toxicology: The Basic Science of Poisons 4th       Evaluation of the developmental toxicity of
ed. Pergamon Press, New York.                      ethylene glycol aerosol in CD-1 mice by nose-     Deicing, Ethylene Glycol: The Scientific
   9 Litovitz, T.L., L. Felberg, et al., 1994      only exposure. 27 Fund. Appl. Toxicol. 49         Basis for its Retention on EPA’s Toxics
Annual Report of the American Association          (1995).                                           Release Inventory (Feb. 1996).
                                                                                                        32 Natural Resources Defense Council,
of Poison Control Centers for Toxic Exposure          20 American Society for the Prevention of

Surveillance System, reprinted in 13 Am. J.        Cruelty to Animals and Safe Brands (1996).        Flying Off Course (1996) at 56.
                                                                                                        33 Id. at 69.
Emerg. Med. 551 (1995).                            LD50 values for ethylene glycol range from
                                                                                                        34 MacDonald, D.D., I.D. Cuthbert, and P.M.
   10 In 1991, 19 deaths were reported; in         4.0 to 15.4 g/kg for rats, mice, and guinea
1992, eight deaths were reported, and in           pigs. Bornmann, G., Grundwirkungen der            Outridge, Canadian Environmental Quality
1993, 13 deaths were reported. Litovitz, T.L.,     Glykile und ihre Bedeutung fur die Toxizata,      guidelines for Three Glycols Used in Aircraft
L.R. Clark, and R. A. Soloway, 1993 Annual         4 Arzenimittelforschung 643 (1954) (mice);        Deicing/Anti-icing Fluids: Ethylene Glycol;
Report of The American Association of              Clark, C.R., et al. Toxicolgical assessment of    Diethylene Glycol; and Propylene Glycol,
Poison Control Centers Toxic Exposure              heath transfer fluids proposed for use in solar   EcoHealth Branch, Environment Canada,
Surveillance System,,[sic] reprinted in 12         energy applications, 51 Toxicol. Appl.            Ottawa, Ontario, Canada, at 15, 76 (Table 10)
Am. J. Emerg. Med. 546 (1994); Litovitz, T.L.,     Pharmacol. 529 (1979) (rats); Smyth; H.F., Jr,.   (Sept. 1992).
                                                                                                        35 Ethylene Glycol levels, based on indirect
K.C. Holm, et al., 1992 Annual Report of the       Et al., The single dose toxicity of some
American Association of Poison Control             glycols and derivatives, 23 J. Ind. Hyg.          measurements, reached peak concentrations
Centers Toxic Exposure Surveillance System,        Toxicol. 259 (1941) (guinea pigs).                as high as 59,360 mg/L. Id. At 15, 78 (Table
reprinted in 11 Am. J. Emerg. Med. 494                21 Rowland, J., Incidence of ethylene glycol   12).
                                                                                                        36 Sills, R.D., and P.A. Blakeslee,
(1993); Litovitz, T.L., K.C. Holm, et. al., 1991   intoxication in dogs and cats seen at
Annual Report of the American Association          Colorado State University Veterinary              Environmental Impact of Deicers in Airport
of Poison Control Centers Toxic Exposure           Teaching Hospital, 29 Vet. Hum Toxicol. 41        Stormwater Runoff at 324 in F.M. D’Irti, ed.,
Surveillance System, reprinted in 10 Am. J.        (1987). The minimum lethal dose reported          Chemical Deicers in the Environment, Lewis
Emerg. Med. 452 (1992).                            for ethylene glycol in rats is 3.8 g/kg and 7.3   Publishers, Boca Raton, Fla. (1992).
   11 Ethylene Glycol was found to cause birth                                                          37 U.S. EPA, Office of Water, Permits
                                                   g/kg in dogs. Clark, Marshal et al., supra note
defects at doses of 1640 mg/kg/day. Lamb,          35 (rats); Sanyer, J.L. et al. Systematic         Division, Contractor Report — Guidance for
J.C., R.R. Maronpot, D.K. Gulati, V.S. Russell,    treatment of ethylene glycol toxicosis in         Issuing NPDES Storm Water Permits for
L. Hommel-Barnes, P.S. Sabharwal,                  dogs, 34 J. Amer. Vet. Med. Assoc., 527           Airports, at 2-8 (Sept. 28, 1990).
Reproductive and developmental toxicity of         (1973), as cited in National Toxicology              38 Klecka, G.M., C.L. Carpenter, B.D.

ethylene glycol in the mouse, 81 Toxicol.          Program, NTP Technical Report on the              Landenberger, Biodegradation of aircraft
Appl. Pharmcol. 110-112 (1985).                    Toxicology and Carcinogenesis Studies of          deicing fluids in soil at low temperatures, 25
   12 An RfD is an estimate of the maximum         Ethylene Glycol (CAS No. 107-21) in B6C3F1        Ecotoxicol. Environ. Safety 280-285 (1993).
lifetime daily dose of a substance that will       Mice (Feed Studies) NIH Publication No. 93-          39 NRDC, Flying Off Course (1996) at 57.

not cause noncarcinogenic effects over a           3144, US Department of Health and Human              40 Id.

lifetime of ingestion.                             Services (Feb. 1993).                                41 61 Fed. Reg. at 33594
                    Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                                     6697

   42 EPA, Economic Analysis of the Proposed      Include Chemical Use Data: Phase III of the        Vehicle Maintenance Exemption, 40
Rule to Add Certain Industries to EPCRA           Toxics Release Inventory (EPA Report to the        CFR 372.38(c).
Section 313 (June 1996) at H-1.                   President) at 2 (undated).
   43 ERC Environmental and Energy Services          69 The trend away from ethylene glycol
                                                                                                        In the February 16, 1988 Final Rule
Co., EPA Contractor Report Guidance for           use, however, was superseded by an FAA
                                                                                                     implementing the reporting
Issuing NPDES Storm Water Permits for             safety rule in the early 1990’s that effectively   requirements of EPCRA section 313 (53
Airports (1990) at 2-4.                           mandated a doubling in the volume of de-           FR 4500), EPA limited the definition of
   44 Id. At 2-5.
                                                  icing products applied at airports; thus we        ‘‘otherwise use’’ by exempting certain
   45 Id.
                                                  are still seeing the massive quantities of         uses of toxic chemicals. Section
   46 Id.
   47 Id.
                                                  ethylene glycol in use that was documented         372.38(c) states that if a toxic chemical
   48 Science Applications International
                                                  earlier in this petition.                          is used at a covered facility for a
                                                     70 NRDC, Flying Off Course (1996) at 63.
Corporation, SIC Code Profile 45:                                                                    purpose described in paragraph (c), a
                                                     71 42 U.S.C. §§13101-09 (West 1995).
Transportation by Air (1994) at 7.                   72 Section 6603(5)(A) defines ‘‘source
                                                                                                     person is not required to consider the
   49 EPA, Office of Prevention, Pesticides and                                                      quantity of the toxic chemical used for
                                                  reduction’’ as any practice that reduces the
Toxic Substances, Expanded Exposure                                                                  such purpose when determining
                                                  amount of any hazard from any hazardous
Assessment for Ethylene Glycol In Response                                                           whether an applicable threshold has
to Delisting Petition (June 16, 1995).            substance, pollutant, or contaminant entering
                                                  any waste stream or otherwise released into        been met under § 372.25 or when
   50 EPA, Economic Analysis of the Proposed
                                                  the environment, including substitution of         determining the amount of releases to be
Rule to Add Certain Industries to EPCRA
Section 313 (June 1996) at H-4.                   raw materials. 42 U.S.C. § 113102(5)(A).           reported under § 372.30. 40 CFR
   51 EPA, 1993 Toxics Release Inventory:
                                                     73 EPA Development of SIC Code                  372.38(c)(4) further states that ‘‘use of
Public Data Release (1995) Document No.           Candidates: Screening Document (June 1996)         products containing toxic chemicals for
745-R-95-010.                                     at 13.                                             the purpose of maintaining motor
   52 Id.                                            74 Id. at 17.
                                                     75 53 Fed. Reg. 4506 (Feb. 16, 1988).
                                                                                                     vehicles operated by the facility’’ are
   53 Twenty-seven airports reported ethylene
                                                     76 61 Fed. Reg. 33596 (emphasis added).
                                                                                                     exempted from reporting under 40 CFR
glycol releases in 1993 with ethylene glycol                                                         372.30.
                                                     77 ATAA Comments on EPA’s
releases totaling 2166.7 tons (4,333,400
pounds). This constituted 57 percent of all       Consideration of Airports for Inclusion in the        In previous guidance, EPA has stated
reported ethylene glycol release.                 TRI Program, May 25, 1995 (Docket #400104,         that airplanes are motor vehicles and
Environment Canada Summary Report of the          D3-0010) at 4.                                     that this exemption applies to fuels and
                                                     78 See Id. at 11-12. 79 EPA, Economic
1993 National Pollutant Release Inventory at                                                         other products containing toxic
28-29 (undated).                                  Analysis of the Proposed Rule to Add Certain       chemicals for the purpose of
   54 Id. At 11.                                  Industries to EPCRA Section 313 (June 1996)        maintaining motor vehicles (see Toxic
   55 Id.                                         at H-1.
   56 EPA, Economic Analysis of the Proposed
                                                                                                     Chemical Release Inventory Reporting
Rule to Add Certain Industries to EPCRA           III. Issues                                        Package for 1990, January 1991, EPA
Section 313 (June 1996) at H-13.                                                                     560/4-91-001, p. A-5). In keeping with
   57 Id. If the unit reported was gallons,          There are two issues that could                 this guidance, toxic chemicals found in
ethylene glycol releases exceeded 2.3 million     potentially affect reporting by airports:          gasoline, diesel fuel, brake and
pounds.                                           (1) Whether airports would be exempt               transmission fluids, oils and lubricants,
   58 EPA, Economic Analysis of the Proposed      from reporting the majority of their toxic         antifreeze, batteries, cleaning solutions,
Rule to Add Certain Industries to EPCRA           chemical releases because of the motor             and solvents in paints may be excluded
Section 313 (June 1996) at H-5.                   vehicle exemption, and (2) whether                 from reporting under § 372.30 as long as
   59 ERC Environmental and Energy Services
                                                  airports fit within the definition of              a facility uses these products to
Co., EPA Contractor Report Guidance for           facility under 40 CFR 372.1. In addition,
Issuing NPDES Storm Water Permits for                                                                maintain its motor vehicles. While
Airports (1990) at 2-6.
                                                  there are issues relating to the                   motor vehicle maintenance may be an
   60 Science Applications International          application of the motor vehicle                   incidental activity at the facilities
Corporation, SIC Code Profile 45:                 exemption as it pertains to motor                  originally subject to EPCRA section 313
Transportation By Air (1994) at 14.               vehicles used in industries recently               reporting requirements (i.e., the
   61 61 Fed. Reg. at 33594.                      added to the list of facilities subject to         manufacturing sector), EPA believes that
   62 EPA, Economic Analysis of the Proposed
                                                  EPCRA section 313 reporting                        this is not the case at airports, where the
Rule to Add Certain Industries to EPCRA           requirements. In light of these concerns,
Section 313 (June 1996) at H-18.
                                                                                                     maintenance of vehicles is integral to
   63 Id.
                                                  EPA is considering a modification in the           the activities at the airport. For example,
   64 ATA, Summary Report to the Federal          motor vehicle exemption. The Agency is             use of ethylene glycol to de-ice planes
Aviation Administration Regarding                 interested in receiving comments                   and runways is essential for the
Environmental Issues Associated with              regarding these issues and other matters           operation of airplanes when icy
Aircraft Deicing and the Use of Glycol-Based      relevant to the petition and its response          conditions and inclement weather may
Fluids (undated).                                 from potentially affected or interested            hinder their safe operation. In such
   65 R. Van Voorhees and Green, C. EPA
                                                  parties. The comments will help EPA                cases, the use of ethylene glycol is in no
Clarifies Reporting Requirements for              better understand relevant issues
Ethylene Glycol Releases from Airport De-
                                                                                                     way ‘‘incidental’’ to the operation of
                                                  surrounding the addition of airports to            airports. In addition, EPA believes that
Icing Operations, BNA, Analysis Perspective
(August 30, 1996).
                                                  the list of facilities required to report          maintaining motor vehicles is integral to
   66 See Buchholz v. Dayton International        pursuant to section 313 of EPCRA, and              activities that occur at some of the
Airport et al., (Magistrates Report and           the motor vehicle exemption in general.            industry groups recently added to the
Recommendation), Case No. C-3-94-435 (S.D.        A. Motor Vehicle Exemption                         list of facilities subject to reporting
Ohio, June 26, 1995) (citizen suit filed under                                                       under EPCRA section 313 and PPA
the CWA and RCRA against the airport by             EPA is seeking comments from                     section 6607 (see 62 FR 23834, May 1,
residents who use a creek receiving airport
deicing flows for drinking, bathing, washing
                                                  potentially affected and interested                1997). For example, use of earth moving
clothes, and dishes).                             parties concerning whether the use of              equipment is an integral part of the
   67 60 Fed. Reg. 59664 (Nov. 28 1995).          ethylene glycol and other EPCRA                    mining industry and use of tanker
   68 Report to President Clinton, Expansion      section 313 chemicals at airports would            trucks is an integral part of the
of Community Right-to-Know Reporting to           or should be exempt under the Motor                operation of bulk petroleum stations.
6698              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

   EPA, therefore, requests comments on       associated with their ownership,            FEDERAL COMMUNICATIONS
a number of options to modify or              operation, and control. Therefore, the      COMMISSION
eliminate the motor vehicle exemption         Agency is interested in receiving
at 40 CFR 372.38(c)(4). These options         comments or information concerning          47 CFR Part 73
include:                                      how airports operate and the practical      [MM Docket No. 98–8, RM–9178]
   1. Making no change to the motor           impacts of requiring airports to report
vehicle exemption.                            under section 313 of EPCRA and section      Radio Broadcasting Services; Albion,
   2. Not allowing certain industries,                                                    Honeoye Falls, South Bristol
                                              6607 of the PPA. Information gathered
such as the transportation industry, in                                                   Township, NY
                                              from commenters will be used by the
which motor vehicle use is the
industry’s main activity, to take the         agency to determine whether airports        AGENCY:  Federal Communications
motor vehicle exemption. The motor            fall within the definition of facility.     Commission.
vehicle exemption would continue to           IV. Public Record and Electronic            ACTION: Proposed rule.
apply to other covered industries.            Submissions
   3. For covered industries, narrowing                                                   SUMMARY:   The Commission requests
the motor vehicle exemption so that it           The official record for this document,   comments on a petition filed by
would only apply to incidental motor                                                      Citicasters Co. requesting the
                                              as well as the public version, has been
vehicle use. It would not apply to any                                                    reallotment of Channel 297A from
                                              established for this rulemaking under
activity that is process-related. For                                                     Honeoye Falls, NY, to South Bristol
                                              docket control number ‘‘OPPTS–              Township, NY, the modification of
example: the motor vehicle exemption          400122’’ (including comments and data
would not apply to toxic chemicals used                                                   Station WRCD’s license to specify South
                                              submitted electronically as described       Bristol Township as its community of
in jet fuel while a jet is at an airport,     below). A public version of this record,
deicing, and other vehicle maintenance                                                    license; the reallotment of Channel 236B
                                              including printed, paper versions of        from South Bristol Township to
activities. As a second example, for          electronic comments, which does not
covered industries such as metal mining                                                   Honeoye Falls, NY, the modification of
                                              include any information claimed as CBI,     Station WNVE’s license to specify
and bulk petroleum stations, the motor
                                              is available for inspection from 12 noon    Honeoye Falls as its community of
vehicle exemption would no longer
                                              to 4 p.m., Monday through Friday,           license; and the substitution of Channel
apply to vehicles used in processing
activities (e.g., earth-moving equipment      excluding legal holidays. The official      271A for Channel 238A at Albion, NY.
or trucks and transport vehicles at           record is located in the TSCA               Channel 236B can be allotted to
petroleum facilities which are                Nonconfidential Information Center,         Honeoye Falls in compliance with the
maintained on-site), or                       Rm. NE–B607, 401 M St., SW.,                Commission’s minimum distance
   4. Eliminating the motor vehicle           Washington, DC.                             separation requirements, with respect to
exemption entirely.                                                                       domestic allotments, with a site
                                                 Electronic comments can be sent
                                                                                          restriction of 16.5 kilometers (10.3
B. Definition of Facility under EPCRA         directly to EPA at:
                                                                                          miles) northeast, to accommodate
                                                oppt.ncic@epamail.epa.gov
   1. Definition of facility. Under EPCRA                                                 petitioner’s desired transmitter site.
section 329(4) and 40 CFR 372.1, a                                                        This site is short-spaced to Stations
‘‘facility’’ means all buildings,               Electronic comments must be               CKQT–FM, Channel 235B, Oshawa,
equipment, structures and other               submitted as an ASCII file avoiding the     Ontario, and CKDS–FM, Channel
stationery items which are located on a       use of special characters and any form      237C1, Hamilton, Ontario, Canada.
single site or on contiguous or adjacent      of encryption. Comments and data will       Channel 297A can be allotted to South
sites and which are owned or operated         also be accepted on disks in                Bristol Township in compliance with
by the same person (or by any person          WordPerfect 5.1/6.1 or ASCII file           the Commission’s minimum distance
which controls, is controlled by, or          format. All comments and data in            separation requirements with a site
under common control with such                electronic form must be identified by       restriction of 2.9 kilometers (1.8 miles)
person). A facility may contain more          the docket control number ‘‘OPPTS–          northwest, to accommodate petitioner’s
than one establishment.                       400122.’’ Electronic comments on this       desired transmitter site. Channel 271A
   2. Application of definition of facility   document may be filed online at many        can be allotted to Albion in compliance
to airports. Airports typically operate                                                   with the Commission’s minimum
                                              Federal Depository Libraries.
under a single management organization                                                    distance separation requirements, with
known as the airport ‘‘authority’’ which,     List of Subjects in 40 CFR Part 372         respect to domestic allotments, without
in most cases is a public agency. Airline                                                 the imposition of a site restriction. This
carriers that have contracts with the           Environmental protection,                 allotment would be short-spaced to
airport authority to conduct business on      Community right-to-know, Reporting          Station CFNY–FM, Channel 271C1,
airport property are commonly known           and recordkeeping requirements, and         Brampton, Ontario, Canada, and to the
as ‘‘tenants’’ of the airport. In order to    Toxic substances.                           vacant Channel 272B at Belleville,
comply with various state and Federal           Dated: January 29, 1998.                  Ontario, Canada. Honeoye Falls, South
environmental regulations, an airline                                                     Bristol Township and Albion are all
                                              Lynn R. Goldman,
may require (as part of a lease                                                           located within 320 kilometers (200
                                              Assistant Administrator for Prevention,     miles) of the U.S.-Canadian border.
agreement) a tenant to report its
                                              Pesticides and Toxic Substances.
aggregate releases of toxic or hazardous                                                  Therefore, concurrence by the Canadian
chemicals directly to the owners or           [FR Doc. 98–3316 Filed 2–9–98; 8:45 am]     Government in the allotments is
operators of the airport authority.           BILLING CODE 6560–50–F                      required. Concurrence by the Canadian
   On the other hand, the Agency                                                          Government in the Honeoye Falls and
recognizes that if airports were required                                                 Albion allotments will be requested as
to report under section 313 of EPCRA                                                      specially negotiated short-spaced
and section 6607 of the PPA, there                                                        allotments. The coordinates for Channel
could be unique reporting issues                                                          236B at Honeoye Falls are 43–02–00;
                    Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                            6699

77–25–17. The coordinates for Channel         FEDERAL COMMUNICATIONS                         For information regarding proper
297A at South Bristol Township are 42–        COMMISSION                                  filing procedures for comments, see 47
44–47; 77–25–35. The coordinates for                                                      CFR 1.415 and 1.420.
Channel 271A at Albion are 43–14–48;          47 CFR Part 73
                                                                                          List of Subjects in 47 CFR Part 73
78–11–36.                                     [MM Docket No. 98–9, RM–9216]
                                                                                            Radio broadcasting.
DATES: Comments must be filed on or           Radio Broadcasting Services;                Federal Communications Commission.
before March 23, 1998, and reply              Pleasanton, KS                              John A. Karousos,
comments on or before April 7, 1998.
                                              AGENCY:  Federal Communications             Chief, Allocations Branch, Policy and Rules
ADDRESSES:   Federal Communications           Commission.                                 Division, Mass Media Bureau.
Commission, Washington, DC 20554. In          ACTION: Proposed rule.                      [FR Doc. 98–3219 Filed 2–9–98; 8:45 am]
addition to filing comments with the                                                      BILLING CODE 6712–01–P
FCC, interested parties should serve the      SUMMARY:   The Commission requests
petitioner, or its counsel or consultant,     comments on a petition by the City of
as follows: Marissa G. Repp, Hogan &          Pleasanton, Kansas, requesting the          DEPARTMENT OF COMMERCE
Hartson L.L.P., 555 Thirteenth Street,        allotment of Channel 268C3 to
N.W., Washington, D.C. 20004–1109             Pleasanton as the community’s first         National Oceanic and Atmospheric
(Counsel to petitioner).                      local aural transmission service.           Administration
                                              Channel 268C3 can be allotted to
FOR FURTHER INFORMATION CONTACT:              Pleasanton in compliance with the           50 CFR Part 648
Leslie K. Shapiro, Mass Media Bureau,         Commission’s minimum distance               [I.D. 012898B]
202) 418–2180.                                separation requirements without the
                                              imposition of a site restriction. The       Fisheries of the Northeastern United
SUPPLEMENTARY INFORMATION:     This is a
                                              coordinates for Channel 268C3 at            States; Northeast Multispecies
synopsis of the Commission’s Notice of
                                              Pleasanton are 38–10–30 NL and 94–42–       Fishery; Reopening of Scoping
Proposed Rule Making, MM Docket No.           42 WL.
98–8, adopted January 21, 1998, and                                                       Process for Hake
                                              DATES: Comments must be filed on or
released January 30, 1998. The full text      before March 23, 1998, and reply            AGENCY:  National Marine Fisheries
of this Commission decision is available      comments on or before April 7, 1998.        Service (NMFS), National Oceanic and
for inspection and copying during                                                         Atmospheric Administration (NOAA),
                                              ADDRESSES: Federal Communications
normal business hours in the FCC                                                          Commerce.
                                              Commission, Washington, DC 20554. In
Reference Center (Room 239), 1919 M           addition to filing comments with the        ACTION: Notice of intent to prepare a
Street, NW., Washington, DC. The              FCC, interested parties should serve the    supplemental environmental impact
complete text of this decision may also       petitioner, or its counsel or consultant,   statement (SEIS) and notice of
be purchased from the Commission’s            as follows: John S. Sutherland, 522         reopening the scoping process for silver
copy contractor, International                Main Street, P.O. Box 117, Mound City,      hake, offshore hake, and red hake;
Transcription Services, Inc., (202) 857–      Kansas 66056 (Counsel for petitioner).      request for comments.
3800, 1231 20th Street, NW,                   FOR FURTHER INFORMATION CONTACT: Pam        SUMMARY:    The New England Fishery
Washington, DC 20036.                         Blumenthal, Mass Media Bureau, (202)        Management Council (Council)
   Provisions of the Regulatory               418–2180.                                   announces its intent to prepare an
Flexibility Act of 1980 do not apply to       SUPPLEMENTARY INFORMATION: This is a        amendment to the Northeast
this proceeding.                              synopsis of the Commission’s Notice of      Multispecies Fishery Management Plan
                                              Proposed Rule Making, MM Docket No.         (FMP) to conserve silver hake (whiting,
   Members of the public should note
                                              98–9, adopted January 21, 1998, and         Merluccius bilinearis), offshore hake
that from the time a Notice of Proposed
                                              released January 30, 1998. The full text    (Merluccius albidus), and red hake
Rule Making is issued until the matter        of this Commission decision is available
is no longer subject to Commission                                                        (Urophycis chuss) stocks, and to prepare
                                              for inspection and copying during           an SEIS to analyze the impacts of any
consideration or court review, all ex         normal business hours in the FCC’s
parte contacts are prohibited in                                                          proposed management measures. The
                                              Reference Center (Room 239), 1919 M         Council also formally announces the
Commission proceedings, such as this          Street, NW, Washington, DC. The             reinitiation of a public process to
one, which involve channel allotments.        complete text of this decision may also     determine the scope of issues to be
See 47 CFR 1.1204(b) for rules                be purchased from the Commission’s          addressed in the environmental impact
governing permissible ex parte contacts.      copy contractor, ITS, Inc., (202) 857–      analysis. The purpose of this notice is
   For information regarding proper           3800, 1231 20th Street, NW,                 to alert the interested public of the
filing procedures for comments, see 47        Washington, DC 20036.                       reopening of the scoping process and to
CFR 1.415 and 1.420.                             Provisions of the Regulatory
                                                                                          provide for public participation in
                                              Flexibility Act of 1980 do not apply to
                                                                                          compliance with environmental
List of Subjects in 47 CFR Part 73            this proceeding.
                                                 Members of the public should note        documentation requirements.
  Radio broadcasting.                         that from the time a Notice of Proposed     DATES: Written comments on the scope
                                              Rule Making is issued until the matter      of the SEIS may be submitted until
Federal Communications Commission.
                                              is no longer subject to Commission          March 17, 1998. See SUPPLEMENTARY
John A. Karousos,                                                                         INFORMATION for specific dates and times
                                              consideration or court review, all ex
Chief, Allocations Branch, Policy and Rules   parte contacts are prohibited in            of scheduled scoping meetings.
Division, Mass Media Bureau.
                                              Commission proceedings, such as this        ADDRESSES: Written comments and
[FR Doc. 98–3220 Filed 2–9–98; 8:45 am]       one, which involve channel allotments.      requests for copies of the scoping
BILLING CODE 6712–01–P                        See 47 CFR 1.1204(b) for rules              document should be sent to Paul J.
                                              governing permissible ex parte contacts.    Howard, Executive Director, New
6700              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

England Fishery Management Council, 5         York). At that time, the Council staff       Act, the Council must develop measures
Broadway, Saugus, MA 01906.                   prepared a draft public hearing              to end overfishing and rebuild these
   Scoping meetings will be held in New       document, but the Council suspended          overfished stocks by September 30,
Jersey, New York, Rhode Island, and           plan development efforts while it            1998.
Massachusetts. See SUPPLEMENTARY              worked on Amendment 7 to the FMP.
                                                 The Whiting Subcommittee                  Status of the Stocks
INFORMATION for locations of the
meetings.                                     reconvened in June 1996. According to           The last stock assessment for whiting
FOR FURTHER INFORMATION CONTACT: Paul         advisors, in the period between 1993         was presented to the Council in
J. Howard, Executive Director, (781)-         and 1996 the juvenile whiting fishery        February 1994. This assessment was
231-0422.                                     expanded significantly, raising concerns     hampered by several problems,
                                              for the health of the resource. On the       particularly by uncertainty about stock
SUPPLEMENTARY INFORMATION:
                                              recommendation of advisors and the           boundary definitions and discarding of
Background                                    Committee, the Council established a         juveniles, and by insufficient biological
   Silver hake and red hake became            control date of September 9, 1996, for       sampling to determine the length and
components of the multispecies fishery        whiting (September 9, 1996, 61 FR            age composition of the catch. More
management unit in Amendment 4 to             47473) and announced that it is              recently, recognition that a separate
                                              considering limiting future access to        species (offshore hake) has been mixed
the FMP (56 FR 24724, May 31, 1991).
                                              anyone not in possession of a                with catches of silver hake compounds
At that time, a proposed 2.5–inch (6.35–
                                              multispecies limited access permit as of     the difficulty of establishing an age-
cm) minimum mesh size for whiting
                                              that date.                                   based assessment.
was considered but not approved,                 The whiting advisors raised the issue
because NMFS determined that it would                                                         Based on analysis of landings and
                                              of offshore hake, which they reported        trawl survey data, the last assessment
do little to prevent overfishing. Also, the   was often mixed with silver hake, but
economic analysis failed to demonstrate                                                    concluded that the Gulf of Maine/
                                              historically has not been separated at       Northern Georges Bank stock was fully
a net benefit over a 10-year period, and      the docks for the sake of landings data.
members of the fishing industry in the                                                     exploited and at a low level of
                                              They also asked about the impact of          abundance, although abundance
Mid-Atlantic area commented that the          proposed management measures for
mesh size increase would result in a                                                       appeared to be increasing. The
                                              silver hake on offshore hake fishing. In     assessment also concluded that the
disproportionate economic cost to them.       response, the Council obtained a
Consequently, other than the measures                                                      Southern Georges Bank/Middle Atlantic
                                              scientific report from the Northeast         stock is overexploited and at a low level
adopted for the Cultivator Shoal whiting      Fisheries Science Center in October
fishery, no regulations controlling                                                        of abundance and that abundance
                                              1996. The report summarized available
fishing for either whiting or red hake                                                     continues to decline.
                                              information and noted that very little is
have been developed following their                                                           The impact of the juvenile (whiting)
                                              known about the offshore hake species.
incorporation into the multispecies           However, the Council agreed to include       fishery over the past 5 years on stock
management unit.                              offshore hake in the FMP amendment           status has not been measured. Given the
   Fishing for whiting, offshore hake,        addressing whiting.                          truncated age-structure of the
and red hake is currently allowed                In December 1996, the Whiting             population of both silver hake stocks,
without restriction in the Mid-Atlantic       Subcommittee and advisors outlined a         the juvenile fishery may be detrimental
Regulatory Mesh Area, and in the              plan for whiting management. The             to the resource.
Southern New England and Gulf of              Subcommittee agreed that, for                   To date, the status of the offshore
Maine/Georges Bank Regulated Mesh             management purposes, the whiting             hake stock has not been formally
Areas, in times and areas where the           resource should be divided into two          assessed, and no overfishing definition
regulatory bycatch of groundfish              stocks: A northern stock in the Georges      has been developed. Offshore hake is
commonly referred to as ‘‘regulated           Bank/Gulf of Maine Regulated Mesh            almost indistinguishable from, and often
species’’ has been determined to be less      Area, and a southern stock in the            caught in combination with, silver hake.
than 5 percent. This exemption applies        Southern New England and Mid-                Therefore, conservation and
year-round in Southern New England            Atlantic Regulated Mesh Areas. The           management measures for silver hake
and in Small Mesh Area 1 and Small            Subcommittee recommended that, for           should also address offshore hake. The
Mesh Area 2 in the Gulf of Maine.             management purposes, offshore hake be        scoping process will help the Council
Experimental fisheries have also been         treated as a component of the southern       by providing input about appropriate
undertaken to evaluate gear                   stock of silver hake and that the            management measures to conserve
modifications, such as a separator grate      Cultivator Shoal whiting fishery be          offshore hake.
or a raised footrope trawl, in reducing       managed separately.                             The last stock assessment for red hake
regulated species bycatch below the              Recently, the Council designated the      was conducted in 1990 (Stock
maximum acceptable level.                     Whiting Subcommittee as a full               Assessment Workshop/Stock
   In 1993, whiting fishers brought           standing committee, tasked with              Assessment Review Committee 11).
concerns to the Council about the             developing an amendment to the FMP           Questions still remain regarding both
emergence of an export market for             to conserve whiting stocks. According to     the boundaries and the age structures of
juvenile whiting. The Council’s               the ‘‘Report on the Status of Fisheries of   red hake stocks. While the available
Groundfish Committee (Committee)              the United States,’’ prepared by NMFS        data are incomplete, precautionary steps
formed a Whiting Subcommittee and an          in September 1997, both red hake and         can be taken to protect the resource and
industry advisory panel that outlined         the southern stock of silver hake are        allow for a balanced and sustainable
some objectives and measures for a            overfished, and the northern silver hake     fishery. Additionally, in order to
whiting management plan. The                  stock is approaching an overfished           comply with the mandates of the SFA,
Committee held scoping meetings,              condition. Consequently, according to        the Council must address overfishing of
including two in the Mid-Atlantic area        the Sustainable Fisheries Act (SFA)          red hake and work to rebuild the
in early 1994 (March 7 in Wall, New           amendments to the Magnuson-Stevens           resource to a level capable of achieving
Jersey, and March 8 in Montauk, New           Fishery Conservation and Management          optimum yield.
                 Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules                                6701

Purpose                                     evaluated grate/mesh size management             All persons affected by, or otherwise
  The purpose of the proposed               strategies. The Whiting Committee             interested in, whiting and red hake
amendment is to end and prevent             recommends requiring a vessel retaining       fisheries management are invited to
overfishing on silver hake and red hake     whiting to use a codend of 2.5 inches         participate in determining the scope and
stocks, to provide basic protection for     (6.35 cm) or larger if the vessel is not in   significance of issues to be analyzed by
offshore hake, and to rebuild and           an approved fishery requiring a               submitting written comments (see
                                            separator grate. The Whiting Committee        ADDRESSES). Scope consists of the range
maintain healthy spawning stocks in
order to allow for a balanced,              is also considering the same trip limit       of actions, alternatives, and impacts to
sustainable fishery that maximizes          options for the northern stock as for the     be considered. Alternatives include not
economic benefits without                   southern stock.                               developing a management plan,
compromising the health of the                                                            developing amendments to existing
                                            Other Measures Under Consideration            plans, or other reasonable courses of
resources.
                                               The Council is also considering and        action. Impacts may be direct, indirect,
Management Options                          will take comments on other                   individual, or cumulative. The scoping
                                            management options, including (1) a           process will also identify and eliminate
Moratorium on Permits—Limited Access
                                            minimum fish size for whiting of 11           from detailed study issues that are not
   The Whiting Committee recommends         inches (27.94 cm) with a 20–percent           significant. Once a draft FMP
that, in order to land whiting, a vessel    tolerance for undersized fish, with or        amendment and an SEIS or
without a current limited access            without a minimum mesh size; (2)              Environmental Assessment are
multispecies permit must meet the           minimum mesh sizes up to 3 inches             developed, the Council will hold public
following criteria: (1) That it held an     (7.62 cm), with or without a minimum          hearings to receive comments on them.
open access, nonregulated multispecies      fish size; (3) a square-mesh panel in the       Authority: 16 U.S.C. 1801 et seq.
permit as of the control date (September    net and other gear modifications; (4) a
9, 1996), and (2) that it had landed at                                                     Dated: February 4, 1998.
                                            raised footrope trawl design; (5)
least one pound of whiting prior to the     spawning area closures; and (6) a             Bruce C. Morehead,
control date. All vessels with a current    provision to utilize additional               Acting Director, Office of Sustainable
limited access multispecies permit          management tools from the FMP to              Fisheries, National Marine Fisheries Service.
would retain access to the whiting          manage these stocks in the future.            [FR Doc. 98–3333 Filed 2–9–98; 8:45 am]
fishery.                                                                                  BILLING CODE 3510–22–F
                                            Scoping Process
Southern Stock
                                               The Council discussed and took
   Management of the southern stock is      scoping comments at a previous meeting        DEPARTMENT OF COMMERCE
complicated by the diversity of the         on March 12 and 13, 1997. A notice of
fisheries where whiting is caught;          intent to prepare an SEIS and notice of       National Oceanic and Atmospheric
specifically, the squid/whiting fishery     scoping process for silver hake and           Administration
uses a 1.88–inch (4.78–cm) mesh, and        offshore hake stocks was published in         50 CFR Part 648
the other mixed-trawl fisheries use         the Federal Register on March 19, 1997
meshes of 2–2.5 inches (5–6.35 cm). The     (62 FR 12983). Because both red hake          [I.D. 020398A]
Council is considering requiring a vessel   and silver hake have recently been
retaining whiting to use a codend of 2.5    listed as overfished, the Whiting             New England Fishery Management
inches (6.35 cm) or larger and to           Committee felt that reopening the             Council; Meeting
prohibit the retention of whiting on        scoping process was necessary to              AGENCY:  National Marine Fisheries
vessels using smaller mesh from June 1      receive further comments about                Service (NMFS), National Oceanic and
to September 1 of each year. Vessels        managing silver hake, offshore hake,          Atmospheric Administration (NOAA),
retaining whiting from September 1          and red hake. Therefore, the Council          Commerce.
through May 31 would be required to         will accept public comments about the         ACTION: Public meeting.
switch to a 2.5–inch (6.35–cm) mesh         scope of whiting, offshore hake, and red      SUMMARY: The New England Fishery
upon reaching a specific threshold          hake management at its next meeting on        Management Council (Council) will
amount of whiting on board. The             February 25, 1998, in Portsmouth, New         hold a 2-day public meeting on
minimum mesh size for retaining             Hampshire. Additional scoping                 February 25 and 26, 1998, to consider
whiting from September 1 to May 31          meetings are scheduled as follows (a          actions affecting New England fisheries
would be the minimum mesh size for          notice will be published in the Federal       in the exclusive economic zone.
Loligo squid as determined by the Mid-      Register at a later date giving complete      DATES: The meeting will be held on
Atlantic Fishery Management Council.        addresses for the meetings):
   The Whiting Committee is also                                                          Wednesday, February 25, 1998, at 10
                                               1. March 3, 1998, 7 p.m.—Holiday           a.m., and on Thursday, February 26,
considering several options for a           Inn, Toms River, NJ.
whiting trip limit, including a sliding                                                   1998, at 8:30 a.m.
                                               2. March 4, 1998, 7 p.m.—Holiday Inn
scale trip limit based on overall vessel    at MacArthur Airport, Ronkonkoma,             ADDRESSES: The meeting will be held at
length. A trip limit may be imposed         NY.                                           the Sheraton Portsmouth Hotel, 250
year-round or seasonally.                      3. March 5, 1998, 4 p.m.—Holiday Inn       Market Street, Portsmouth, New
                                            at the Crossings, Warwick, RI.                Hampshire 03801; telephone (603) 431-
Northern Stock                                 4. March 9, 1998, 2 p.m.—Town Hall,        2300. Requests for special
   Scientific information indicates that    Provincetown, MA.                             accommodations should be addressed to
the northern stock may be able to              Additional meetings of the Council,        the New England Fishery Management
sustain a fishery utilizing both small      Whiting Committee, or Advisory Panel          Council, 5 Broadway, Saugus,
and large whiting, provided the catch is    during the scoping period will provide        Massachusetts 01906–1097; telephone:
limited or controlled. The Whiting          opportunities for public comments on          (781) 231–0422.
Committee intends to consider results       specific issues identified in the             FOR FURTHER INFORMATION CONTACT: Paul
from experimental fisheries that have       respective agendas.                           J. Howard, Executive Director, New
6702              Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Proposed Rules

England Fishery Management Council          briefing on the recent U.S./Canada          Scallop Fishery Management Plan. The
(781) 231-0422.                             industry meeting, the Herring               applicant cites problems with
SUPPLEMENTARY INFORMATION:                  Committee may ask the Council to            harvesting seed scallops from distant
                                            approve management alternatives for         areas and off-loading to the test site (20
Wednesday, February 25, 1998                public hearing purposes (including, but     hours steam). The 1997 NMFS sea
   After introductions, the Monkfish        not limited to, controlled access,          scallop survey indicates the presence of
Committee will review public hearing        spawning area closures, vessel/dealer/      mixed scallop beds containing seed
comments and approve the final              operator permit requirements, area          within the northeast part of the NLCA
monkfish management measures for            management, a target total allowable        (survey stations #238–241). The area is
Amendment 9 to the Northeast                catch level, vessel size limits, a          currently closed to scallop dredge
Multispecies Fishery Management Plan        prohibition on fishing for the purpose of   vessels under the northeast multispecies
(FMP). During the afternoon session,        meal production, limits on fishing time,    regulations. The experiment would
results of a synthesis of available         and restrictions on fishing for roe). The   authorize one limited access scallop
scientific information about fishing gear   Thursday agenda will include reports        vessel to catch and retain a maximum of
impacts on habitat will be presented by     from the Council Chairman, Executive        1500 bushels (528.6 hl) of seed scallops
Dr. Peter Auster, Science Director of the   Director, Administrator, Northeast          with a small mesh-lined scallop dredge
National Undersea Research Center at        Region, NMFS (Regional Administrator),      from the NLCA and off-load to the
the University of Connecticut. This will    Northeast Fisheries Science Center and      Scallop Experimental Fishing Area (five
be followed by an update on progress to     Mid-Atlantic Fishery Management             hours steam). The vessel would be given
develop essential fish habitat              Council liaisons, and representatives of    a 2-day exemption from the days-at-sea
designations for Council-managed            the Coast Guard, the Atlantic States        reporting requirements while collecting
species and a review of the Dogfish         Marine Fisheries Commission, and of         seed scallops in the NLCA. The
Committee’s recent meeting. The             the U.S. Fish and Wildlife Service. The     experiment is intended to allow the
discussion will include consideration       Interspecies Committee will update the      harvesting of seed scallops to support
and approval of a dogfish fishery control   Council on efforts to eliminate             the ongoing sea scallop aquaculture
date (which may be used in the future       inconsistencies in vessel upgrading,        research project aimed at developing
to establish rules to limit participation   replacement, and permit-splitting           techniques and practices that could
in this fishery). Next, the Whiting         restrictions, including asking the          allow the scallop fishery to evolve from
Committee will discuss the                  Council to approve measures to              one based exclusively on wild-capture
development of a whiting management         eliminate upgrading restrictions on         to an industry that also incorporates
program and its recommendations             boats less than 30 ft (9.1 m). It will      modern husbandry, enhancement, and
concerning several whiting exempted         review comments on the Atlantic States      open-ocean cage culture. The Council
fisheries proposals. Prior to               Coastal Cooperative Statistics Program      meeting will adjourn after the
adjournment for the day, a scoping          fishing vessel logbook form and discuss     conclusion of any other outstanding
hearing to solicit comments on whiting      the development of a policy on              Council business.
management will conclude the Council        harvesting innovations and new
                                            fisheries technology. The Overfishing          Although other issues not contained
meeting. The Council will ask the
                                            Definition Review Panel will review the     in this agenda may come before this
public to identify major issues to be
                                            overfishing definitions for sea herring,    Council for discussion, in accordance
considered in the development of
                                            silver hake, and possibly other species.    with the Magnuson-Stevens Fishery
management measures for silver hake
                                            The Sea Scallop Committee will discuss      Conservation and Management Act,
(whiting), offshore hake, and red hake.
                                            its progress on a plan amendment to         those issues may not be the subject of
Thursday, February 26, 1998                 address SFA requirements, the               formal Council action during this
   The Groundfish Committee Report          development of criteria for opening and     meeting. Council action will be
may approve initial action on a             closing management areas and on its         restricted to those issues specifically
framework adjustment to the Northeast       discussions of days-at-sea leasing and      listed in this notice.
Multispecies FMP that would restrict        an industry-funded vessel buyout            Special Accommodations
the use of ‘‘streetsweeper’’ trawl gear.    program.
The Council may also consider                  The Regional Administrator will             This meeting is physically accessible
including alternative measures to           consult with the Council regarding a        to people with disabilities. Requests for
protect Gulf of Maine cod (contained in     proposal from Soren Henriksen of the        sign language interpretation or other
a proposal forwarded by the Gulf of         Westport Scalloping Corporation to          auxiliary aids should be directed to Paul
Maine Fishermen’s Alliance) in this         conduct an experimental fishery to          J. Howard (see ADDRESSES) at least 5
action. The proposal would establish 2      harvest seed scallops with a small mesh-    days prior to the meeting date.
vessel categories (inshore/offshore and     lined scallop dredge in the Nantucket         Authority: 16 U.S.C. 1801 et seq.
offshore/trip limit exemption area), trip   Lightship Closed Area (NLCA). There
limits, area closures, and incentives to    will be a discussion and opportunity for      Dated: February 4, 1998.
fish outside the Gulf of Maine. Finally,    public comment. This proposal               Gary Matlock,
the Groundfish Committee will review        authorizes additional activities to         Director, Office of Sustainable Fisheries,
progress on a plan amendment to             facilitate the sea scallop aquaculture      National Marine Fisheries Service.
address the Sustainable Fisheries Act       research project approved last winter       [FR Doc. 98–3332 Filed 2–9–98; 8:45 am]
(SFA) requirements. In addition to a        under Amendment 5 to the Atlantic Sea       BILLING CODE 3510–22–F
                                                                                                                                    6703

Notices                                                                                          Federal Register
                                                                                                 Vol. 63, No. 27

                                                                                                 Tuesday, February 10, 1998



This section of the FEDERAL REGISTER              review of the Task Force progress in           and an analysis of other scientific data.
contains documents other than rules or            data collection and will devote 1 day to       This notice also announces the
proposed rules that are applicable to the         a discussion regarding the proposed            availability of our written determination
public. Notices of hearings and investigations,   instrument to evaluate intramural              document and its associated
committee meetings, agency decisions and          facilities.                                    environmental assessment and finding
rulings, delegations of authority, filing of
                                                     Times and Dates: February 22, 1998,         of no significant impact.
petitions and applications and agency
statements of organization and functions are      at 2:00 p.m.; February 23, 1998, 8:00          EFFECTIVE DATE: January 29, 1998.
examples of documents appearing in this           a.m.–5:00 p.m.; and February 24, 1998,         ADDRESSES: The determination, an
section.                                          8:00 a.m.–3:00 p.m.                            environmental assessment and finding
                                                     Place: Baton Rouge Hilton, Baton            of no significant impact, and the
                                                  Rouge, Louisiana.                              petition may be inspected at USDA,
AFRICAN DEVELOPMENT                                  Type of Meeting: Open to the public.        room 1141, South Building, 14th Street
FOUNDATION                                           Comments: The public may file               and Independence Avenue SW.,
                                                  written comments before or after the           Washington, DC, between 8 a.m. and
Sunshine Act Meeting                              meeting with the contact person listed         4:30 p.m., Monday through Friday,
                                                  below.                                         except holidays. Persons wishing to
Board of Directors Meeting
                                                  FOR FURTHER INFORMATION CONTACT:               inspect those documents are asked to
TIME: 9:00 a.m.–12:00 noon.                                                                      call in advance of visiting at (202) 690–
                                                  Mitch Geasler, Project Director, Strategic
PLACE: ADF Headquarters.                          Planning Task Force on Research                2817 to facilitate entry into the reading
DATE: Wednesday, February 11, 1998                Facilities, Room 344–A, Jamie L.               room.
STATUS: Open.                                     Whitten Building, USDA, 1400                   FOR FURTHER INFORMATION CONTACT: Dr.
Agenda                                            Independence Avenue, SW.,                      James Lackey, Biotechnology
                                                  Washington, D.C. 20250–0113.                   Evaluation, BSS, PPQ, APHIS, 4700
Wednesday, February 11, 1998.                     Telephone 202–720–3803.                        River Road Unit 147, Riverdale, MD
9:00 a.m. Chairman’s Report                          Done at Washington, D.C., on this 3rd Day   20737–1236; (301) 734–6748. To obtain
10:00 a.m. President’s Report                     of February 1998.                              a copy of the determination or the
12:00 noon Adjournment                            I. Miley Gonzalez,                             environmental assessment and finding
If you have any questions or comments,            Under Secretary, Research, Education, and      of no significant impact, contact Ms.
please direct them to Ms. Janis                   Economics.                                     Kay Peterson at (301) 734–4885; e-mail:
McCollim, Executive Assistant to the              [FR Doc. 98–3273 Filed 2–9–98; 8:45 am]        mkpeterson@aphis.usda.gov.
President, who can be reached at (202)            BILLING CODE 3410–22–P
                                                                                                 SUPPLEMENTARY INFORMATION:
673–3916.
                                                                                                 Background
William R. Ford,
President.                                        DEPARTMENT OF AGRICULTURE                        On July 24, 1997, the Animal and
                                                                                                 Plant Health Inspection Service (APHIS)
[FR Doc. 98–3425 Filed 2–6–98; 11:50 am]
                                                  Animal and Plant Health Inspection             received a petition (APHIS Petition No.
BILLING CODE 6116–01–P
                                                  Service                                        97–205–01p) from AgrEvo USA
                                                                                                 Company (AgrEvo) of Wilmington, DE,
                                                  [Docket No. 97–091–2]                          seeking a determination that canola
DEPARTMENT OF AGRICULTURE                                                                        (Brassica napus L.) designated as
                                                  AgrEvo USA Co.; Availability of
                                                  Determination of Nonregulated Status           Transformation Event T45 (event T45),
Research, Education, and Economics;
                                                  for Canola Genetically Engineered for          which has been genetically engineered
Notice of Strategic Planning Task
                                                  Glufosinate Herbicide Tolerance                for tolerance to the herbicide
Force Meeting
                                                                                                 glufosinate, does not present a plant
AGENCY: Research, Education, and                  AGENCY:  Animal and Plant Health               pest risk and, therefore, is not a
Economics, USDA.                                  Inspection Service, USDA.                      regulated article under APHIS’
ACTION: Notice of meeting.                        ACTION: Notice.                                regulations in 7 CFR part 340.
                                                                                                   On September 30, 1997, APHIS
SUMMARY: The United States Department             SUMMARY:   We are advising the public of       published a notice in the Federal
of Agriculture announces a meeting of             our determination that AgrEvo USA              Register (62 FR 51081–51082, Docket
the Strategic Planning Task Force on              Company’s canola designated as                 No. 97–091–1) announcing that the
Research Facilities.                              Transformation Event T45, which has            AgrEvo petition had been received and
SUPPLEMENTARY INFORMATION: The                    been genetically engineered for                was available for public review. The
Strategic Planning Task Force on                  tolerance to the herbicide glufosinate, is     notice also discussed the role of APHIS,
Research Facilities, currently consisting         no longer considered a regulated article       the Environmental Protection Agency,
of 14 members, is scheduled to meet for           under our regulations governing the            and the Food and Drug Administration
the fourth of eight planned meetings.             introduction of certain genetically            in regulating the subject canola and food
The meeting is scheduled to be held at            engineered organisms. Our                      products derived from it. In the notice,
the Baton Rouge Hilton, Baton Rouge,              determination is based on our                  APHIS solicited written comments from
Louisiana, beginning at 2:00 p.m. on              evaluation of data submitted by AgrEvo         the public as to whether this canola
February 22 and concluding at 3:00 p.m.           USA Company in its petition for a              posed a plant pest risk. The comments
on February 24. The meeting will be a             determination of nonregulated status           were to have been received by APHIS on
6704                   Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

or before December 1, 1997. APHIS            subject to the restrictions found in        contact Dr. Ron DeHaven, Acting
received no comments on the subject          APHIS’ foreign quarantine notices in 7      Deputy Administrator, Animal Care,
petition during the designated 60-day        CFR part 319.                               APHIS, 4700 River Road Unit 84,
comment period.                                                                          Riverdale, MD 20737, (301) 734–4981,
                                             National Environmental Policy Act
                                                                                         FAX (301) 734–4328 or 734–4978.
Analysis                                       An environmental assessment (EA)          SUPPLEMENTARY INFORMATION: The
   Event T45 canola has been genetically     has been prepared to examine the            Animal and Plant Health Inspection
engineered to contain a pat gene derived     potential environmental impacts             Service (APHIS) will hold a public
from Streptomyces viridochromogenes.         associated with this determination. The     meeting in Riverdale, MD, on May 12,
The pat gene encodes the enzyme              EA was prepared in accordance with: (1)     1998, to exchange information with the
phosphinothricin-N-acetyltransferase         The National Environmental Policy Act       public about the animal welfare
(PAT), which confers tolerance to the        of 1969 (NEPA), as amended (42 U.S.C.       program and initiatives.
herbicide glufosinate. Expression of the     4321 et seq.), (2) regulations of the          The meeting will include a general
pat gene is controlled by a 35S promoter     Council on Environmental Quality for        information session followed by
and terminator derived from the plant        implementing the procedural provisions      individual workshops on a variety of
pathogen cauliflower mosaic virus. The       of NEPA (40 CFR parts 1500–1508), (3)       topics. APHIS is seeking suggestions for
Agrobacterium tumefaciens method was         USDA regulations implementing NEPA          meeting topics from the general public,
used to transfer the added genes into the    (7 CFR part 1b), and (4) APHIS’ NEPA        animal researchers, exhibitors, dealers,
parental cultivar B. napus var. AC           Implementing Procedures (7 CFR part         transporters, and animal protection
EXCEL.                                       372). Based on that EA, APHIS has           groups.
   The subject canola has been               reached a finding of no significant            Please submit, on or before March 16,
considered a regulated article under         impact (FONSI) with regard to its           1998, suggestions regarding animal
APHIS’ regulations in 7 CFR part 340         determination that AgrEvo’s event T45       welfare issues of common concern to
because it contains gene sequences           canola and lines developed from it are      the person listed under FOR FURTHER
derived from plant pathogens. However,       no longer regulated articles under its      INFORMATION CONTACT. Please note that
evaluation of field data reports from        regulations in 7 CFR part 340. Copies of    this is not an opportunity to submit
field tests of this canola conducted         the EA and the FONSI are available          formal comments on proposed rules or
under APHIS permits since 1996               upon request from the individual listed     other regulatory initiatives, but rather is
indicates that there were no deleterious     under FOR FURTHER INFORMATION               intended to help determine which
effects on plants, nontarget organisms,      CONTACT.                                    animal welfare issues and initiatives
or the environment as a result of the
                                               Done in Washington, DC, this 4th day of   should be addressed at the public
environmental release of event T45
                                             January 1998.                               meeting.
canola.                                                                                     After the agenda is finalized, APHIS
                                             Terry L. Medley,
Determination                                Administrator, Animal and Plant Health      will announce the schedule in the
  Based on its analysis of the data          Inspection Service.                         Federal Register.
submitted by AgrEvo, and a review of         [FR Doc. 98–3312 Filed 2–9–98; 8:45 am]       Done in Washington, DC, this 4th day of
other scientific data and field tests of     BILLING CODE 3410–34–P                      February 1998.
the subject canola, APHIS has                                                            Terry L. Medley,
determined that event T45 canola: (1)                                                    Administrator, Animal and Plant Health
Exhibits no plant pathogenic properties;     DEPARTMENT OF AGRICULTURE                   Inspection Service.
(2) is no more likely to become a weed                                                   [FR Doc. 98–3313 Filed 2–9–98; 8:45 am]
than canola developed by traditional         Animal and Plant Health Inspection          BILLING CODE 3410–34–P
breeding techniques; (3) is unlikely to      Service
increase the weediness potential for any     [Docket No. 98–008–1]
other cultivated or wild species with                                                    DEPARTMENT OF AGRICULTURE
which it can interbreed; (4) will not        Public Meeting; Animal Care
cause damage to raw or processed                                                         Forest Service
agricultural commodities; and (5) will       AGENCY:  Animal and Plant Health
not harm threatened or endangered            Inspection Service, USDA.                   Committee of Scientists Meetings
species or other organisms, such as bees,    ACTION: Advance notice of public            AGENCY:   Forest Service, USDA.
that are beneficial to agriculture.          meeting and request for agenda topics.
                                                                                         ACTION:   Notice of meetings.
Therefore, APHIS has concluded that
                                             SUMMARY:   The Animal and Plant Health      SUMMARY:   Meetings of the Committee of
the subject canola and any progeny
                                             Inspection Service plans to hold a          Scientists are scheduled for February
derived from hybrid crosses with other
                                             public meeting to discuss the animal        24–25, 1998 in Atlanta, Georgia and
nontransformed canola varieties will be
                                             welfare program and initiatives. This       March 3–5, 1998, in Sacramento,
as safe to grow as canola in traditional
                                             notice solicits suggestions for the         California. The purpose of the Atlanta
breeding programs that are not subject
                                             agenda for this meeting.                    meeting is to discuss planning issues
to regulation under 7 CFR part 340.
  The effect of this determination is that   PLACE, DATES, AND TIME OF MEETING: The      concerning the National Forests in the
AgrEvo’s event T45 canola is no longer       public meeting will be held at the USDA     Southern Region (Alabama, Arkansas,
considered a regulated article under         Conference Center, 4700 River Road,         Florida, Georgia, Kentucky, Louisiana,
APHIS’ regulations in 7 CFR part 340.        Riverdale, MD 20737, on Tuesday, May        Mississippi, Oklahoma, Puerto Rico,
Therefore, the requirements pertaining       12, 1998. Registration will take place      South Carolina, Tennessee, Texas,
to regulated articles under those            from 7 a.m. to 9 a.m. The meeting will      Virgin Islands, and Virginia). The
regulations no longer apply to the           begin at 9 a.m. and end at                  purpose of the Sacramento meeting is to
subject canola of its progeny. However,      approximately 5 p.m.                        discuss planning issues concerning the
importation of the subject canola or         FOR FURTHER INFORMATION CONTACT: For        Pacific Southwest Region (California,
seeds capable of propagation are still       further information on agenda topics        Hawaii, Guam and Trust Territories of
                       Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                            6705

the Pacific Islands). The Committee will     Agriculture and the Chief of the Forest     number, followed, where appropriate,
meet with representatives from federal,      Service on improvements that can be         by the date the document is scheduled
state, and local organizations; will share   made to the National Forest System land     to be released or re-reviewed.
information and ideas about Committee        and resource management planning            CIA Documents: Postponed in Part
members’ assignments; will continue          process (62 FR 43691; August 15, 1997).     104–10050–10003; 6; 10/2017
discussions on the scientific principles     Notice of the names of the appointed        104–10054–10059; 6; 10/2017
underlying land and resource                 Committee members was published             104–10054–10284; 6; 10/2017
management; and will conduct any             December 16, 1997(62 FR 65795).             104–10059–10270; 6; 10/2017
other Committee business that may            Agendas and locations for future            104–10066–10076; 7; 10/2017
arise. The meetings are open to the          meetings will be published as separate      104–10092–10193; 1; 10/2017
public, with opportunities for the public    notices in the Federal Register.            104–10092–10219; 1; 10/2017
to address the Committee.                                                                104–10092–10263; 2; 10/2017
                                               Dated: January 5, 1998.                   104–10092–10267; 1; 10/2017
DATES: The Atlanta meeting is                Robert C. Joslin,                           104–10092–10340; 28; 10/2017
scheduled for February 24–25, 1998,          Deputy Chief for National Forest System.    104–10092–10453; 2; 10/2017
and the Sacramento meeting for March                                                     104–10092–10456; 1; 10/2017
                                             [FR Doc. 98–3337 Filed 2–9–98; 8:45 am]
3–5, 1998.                                                                               104–10093–10257; 1; 10/2017
                                             BILLING CODE 3410–11–M                      104–10093–10266; 16; 10/2017
ADDRESSES: The Atlanta meeting will be
held at the Harvey Hotel, 6345 Powers                                                    104–10093–10275; 1; 10/2017
                                                                                         104–10093–10278; 1; 10/2017
Ferry Road NW, Atlanta, Georgia. The                                                     104–10093–10279; 1; 10/2017
Sacramento meeting will be held at the       ASSASSINATION RECORDS REVIEW
                                             BOARD                                       104–10093–10281; 2; 10/2017
Ramada Inn, 2600 Auburn Boulevard,                                                       104–10093–10283; 4; 10/2017
Sacramento, California.                      Formal Determinations, Additional           104–10093–10299; 11; 10/2017
   Written comments on improving land        Releases, and Assassination Records         104–10093–10300; 4; 10/2017
and resource management planning may         Designations
                                                                                         104–10093–10301; 1; 10/2017
be sent to the Committee of Scientists,                                                  104–10093–10303; 2; 10/2017
P.O. Box 2140, Corvallis, OR 97339.          AGENCY:   Assassination Records Review      104–10093–10304; 1; 10/2017
Also, the Committee may be accessed          Board.                                      104–10093–10310; 10; 10/2017
                                                                                         104–10093–10317; 1; 10/2017
via the Internet at www.cof.orst.edu./       ACTION:   Notice.                           104–10093–10326; 3; 10/2017
org/scicomm/.                                                                            104–10093–10331; 3; 10/2017
FOR FURTHER INFORMATION CONTACT: Bob         SUMMARY:   The Assassination Records        104–10093–10333; 21; 10/2017
Cunningham, Designated Federal               Review Board (Review Board) met in a        104–10093–10334; 1; 10/2017
Official to the Committee of Scientists,     closed meeting on January 22, 1998, and     104–10093–10341; 16; 10/2017
telephone: 202–205–2494.                     made formal determinations on the           104–10093–10342; 2; 10/2017
SUPPLEMENTARY INFORMATION: The
                                             release of records under the President      104–10093–10344; 14; 10/2017
                                             John F. Kennedy Assassination Records       104–10093–10352; 1; 10/2017
Atlanta meeting to discuss planning                                                      104–10093–10353; 3; 10/2017
issues concerning the National Forests       Collection Act of 1992 (JFK Act). By
                                             issuing this notice, the Review Board       104–10093–10359; 1; 10/2017
in the Southern Region will begin at 9                                                   104–10093–10370; 2; 10/2017
a.m. and end at 7 p.m. on February 24.       complies with the section of the JFK Act
                                                                                         104–10093–10371; 2; 10/2017
On February 25, the meeting will begin       that requires the Review Board to           104–10093–10377; 1; 10/2017
at 8 a.m. and end at 4 p.m. Citizens may     publish the results of its decisions on a   104–10097–10200; 1; 10/2017
address the Committee on February 24,        document-by-document basis in the           104–10097–10201; 1; 10/2017
beginning at 4 p.m., to present ideas on     Federal Register within 14 days of the      104–10097–10202; 4; 10/2017
how to improve National Forest System        date of the decision.                       104–10097–10203; 10; 10/2017
                                             FOR FURTHER INFORMATION CONTACT:            104–10097–10204; 1; 10/2017
land and resource management                                                             104–10097–10211; 1; 10/2017
planning.                                    Peter Voth, Assassination Records
                                                                                         104–10097–10220; 2; 10/2017
   The Sacramento meeting to discuss         Review Board, Second Floor,                 104–10097–10232; 1; 10/2017
planning issues concerning the Pacific       Washington, D.C. 20530, (202) 724–          104–10097–10234; 3; 10/2017
Southwest Region will begin at 1 p.m.        0088, fax (202) 724–0457.                   104–10097–10235; 3; 10/2017
and end at 5 p.m. on March 3. On March       SUPPLEMENTARY INFORMATION: This             104–10097–10240; 4; 10/2017
4, the meeting will begin at 8 a.m. and      notice complies with the requirements       104–10097–10245; 9; 10/2017
end at 7 p.m. and, on March 5, the           of the President John F. Kennedy            104–10097–10248; 6; 10/2017
meeting will begin at 8 a.m. and end at      Assassination Records Collection Act of     104–10097–10254; 4; 10/2017
                                                                                         104–10097–10255; 4; 10/2017
4p.m. Citizens may address the               1992, 44 U.S.C. 2107.9(c)(4)(A) (1992).
                                                                                         104–10097–10259; 1; 10/2017
Committee on March 4, beginning at 4         On January 22, 1998, the Review Board       104–10097–10260; 2; 10/2017
p.m., to present ideas on how to             made formal determinations on records       104–10097–10262; 7; 10/2017
improve National Forest System land          it reviewed under the JFK Act. These        104–10097–10265; 1; 10/2017
and resource management planning.            determinations are listed below. The        104–10097–10289; 1; 10/2017
   Citizens who wish to speak at either      assassination records are identified by     104–10097–10290; 1; 10/2017
meeting must register at that meeting        the record identification number            104–10097–10297; 6; 10/2017
before 5 p.m. Each speaker will be           assigned in the President John F.           104–10097–10299; 2; 10/2017
limited to a maximum of 5 minutes.           Kennedy Assassination Records               104–10097–10300; 10; 10/2017
Persons may also submit written                                                          104–10097–10301; 2; 10/2017
                                             Collection database maintained by the
                                                                                         104–10097–10302; 11; 10/2017
suggestions to the Committee at either       National Archives.                          104–10097–10306; 5; 10/2017
meeting or by mail at the addresses                                                      104–10097–10307; 6; 10/2017
listed under the ADDRESSES heading.          Notice of Formal Determinations
                                                                                         104–10097–10316; 10; 10/2017
   The Committee of Scientists is              For each document, the number of          104–10097–10319; 1; 10/2017
chartered to provide scientific and          postponements sustained immediately         104–10097–10320; 12; 10/2017
technical advice to the Secretary of         follows the record identification           104–10097–10325; 2; 10/2017
6706                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

104–10097–10326; 1; 10/2017             104–10121–10191; 17; 10/2017          104–10162–10026; 2; 10/2017
104–10097–10329; 11; 10/2017            104–10121–10202; 1; 10/2017           104–10162–10027; 1; 10/2017
104–10097–10330; 17; 10/2017            104–10121–10203; 1; 10/2017           104–10162–10028; 2; 10/2017
104–10097–10334; 8; 10/2017             104–10121–10207; 1; 10/2017           104–10162–10029; 6; 10/2017
104–10097–10345; 1; 10/2017             104–10121–10220; 3; 10/2017           104–10162–10030; 1; 10/2017
104–10097–10360; 3; 10/2017             104–10121–10223; 2; 10/2017           104–10162–10031; 14; 10/2017
104–10097–10362; 1; 10/2017             104–10121–10227; 3; 10/2017           104–10162–10032; 3; 10/2017
104–10097–10363; 4; 10/2017             104–10121–10228; 1; 10/2017           104–10162–10033; 3; 10/2017
104–10097–10368; 19; 10/2017            104–10121–10236; 22; 10/2017          104–10162–10034; 2; 10/2017
104–10097–10401; 1; 10/2017             104–10121–10237; 12; 10/2017          104–10162–10035; 4; 10/2017
104–10097–10402; 1; 10/2017             104–10121–10239; 7; 10/2017           104–10162–10037; 3; 10/2017
104–10102–10053; 6; 10/2017             104–10121–10243; 1; 10/2017           104–10162–10038; 4; 10/2017
104–10106–10071; 2; 10/2017             104–10121–10246; 1; 10/2017           104–10162–10039; 4; 10/2017
104–10106–10077; 6; 10/2017             104–10121–10248; 1; 10/2017           104–10162–10040; 6; 10/2017
104–10106–10092; 2; 10/2017             104–10121–10253; 8; 10/2017           104–10162–10041; 1; 10/2017
104–10106–10126; 3; 10/2017             104–10121–10257; 5; 10/2017           104–10162–10042; 4; 10/2017
104–10106–10188; 9; 10/2017             104–10121–10258; 6; 10/2017           104–10162–10043; 3; 10/2017
104–10106–10190; 1; 10/2017             104–10121–10259; 3; 10/2017           104–10162–10044; 11; 10/2017
104–10106–10753; 1; 10/2017             104–10121–10273; 6; 10/2017           104–10162–10045; 1; 10/2017
104–10107–10028; 2; 10/2017             104–10121–10282; 2; 10/2017           104–10162–10046; 3; 10/2017
104–10107–10030; 3; 10/2017             104–10121–10285; 1; 10/2017           104–10162–10047; 9; 10/2017
104–10115–10090; 2; 10/2017             104–10121–10286; 1; 10/2017           104–10162–10048; 1; 10/2017
104–10119–10055; 3; 10/2017             104–10121–10287; 1; 10/2017           104–10162–10049; 3; 10/2017
104–10119–10056; 1; 10/2017             104–10121–10289; 1; 10/2017           104–10162–10050; 3; 10/2017
104–10119–10057; 1; 10/2017             104–10121–10299; 1; 10/2017           104–10162–10051; 9; 10/2017
104–10119–10059; 6; 10/2017             104–10121–10303; 2; 10/2017           104–10162–10052; 2; 10/2017
104–10119–10061; 3; 10/2017             104–10121–10306; 2; 10/2017           104–10162–10053; 2; 10/2017
104–10119–10068; 1; 10/2017             104–10121–10307; 1; 10/2017           104–10162–10054; 8; 10/2017
104–10119–10070; 1; 10/2017             104–10121–10309; 1; 10/2017           104–10162–10055; 1; 10/2017
104–10119–10071; 2; 10/2017             104–10121–10315; 1; 10/2017           104–10162–10056; 3; 10/2017
104–10119–10085; 1; 10/2017             104–10121–10319; 1; 10/2017           104–10162–10057; 2; 10/2017
104–10119–10112; 14; 10/2017            104–10121–10320; 5; 10/2017           104–10162–10058; 10; 10/2017
104–10119–10114; 1; 10/2017             104–10121–10321; 9; 10/2017           104–10162–10059; 3; 10/2017
104–10119–10115; 2; 10/2017             104–10121–10323; 2; 10/2017           104–10162–10060; 3; 10/2017
104–10119–10125; 1; 10/2017             104–10121–10330; 1; 10/2017           104–10162–10061; 1; 10/2017
104–10119–10126; 5; 10/2017             104–10124–10332; 3; 10/2017           104–10162–10062; 1; 10/2017
104–10119–10128; 2; 10/2017             104–10124–10333; 1; 10/2017           104–10162–10063; 3; 10/2017
104–10119–10132; 1; 10/2017             104–10128–10151; 12; 10/2017          104–10162–10064; 1; 10/2017
104–10119–10133; 1; 10/2017             104–10129–10134; 2; 10/2017           104–10162–10065; 3; 10/2017
104–10119–10134; 2; 10/2017             104–10129–10138; 27; 10/2017          104–10162–10066; 5; 10/2017
104–10119–10142; 3; 10/2017             104–10129–10141; 3; 10/2017           104–10162–10067; 6; 10/2017
104–10119–10143; 6; 10/2017             104–10129–10143; 5; 10/2017           104–10162–10068; 2; 10/2017
104–10119–10169; 1; 10/2017             104–10129–10146; 3; 10/2017           104–10162–10069; 1; 10/2017
104–10119–10176; 1; 10/2017             104–10129–10148; 5; 10/2017           104–10162–10070; 6; 10/2017
104–10119–10182; 17; 10/2017            104–10129–10155; 4; 10/2017           104–10162–10071; 1; 10/2017
104–10119–10185; 12; 10/2017            104–10143–10056; 5; 10/2017           104–10162–10072; 2; 10/2017
104–10120–10078; 24; 10/2017            104–10143–10058; 2; 10/2017           104–10162–10073; 1; 10/2017
104–10120–10079; 20; 10/2017            104–10144–10022; 2; 10/2017           104–10162–10074; 12; 10/2017
104–10120–10341; 11; 10/2017            104–10146–10198; 15; 10/2017          104–10162–10075; 2; 10/2017
104–10120–10348; 2; 10/2017             104–10146–10204; 2; 10/2017           104–10162–10076; 2; 10/2017
104–10120–10350; 1; 10/2017             104–10150–10003; 2; 10/2017           104–10162–10077; 1; 10/2017
104–10120–10356; 4; 10/2017             104–10161–10091; 18; 10/2017          104–10162–10078; 1; 10/2017
104–10121–10060; 16; 10/2017            104–10162–10000; 19; 10/2017          104–10162–10079; 1; 10/2017
104–10121–10061; 4; 10/2017             104–10162–10001; 5; 10/2017           104–10162–10080; 2; 10/2017
104–10121–10062; 4; 10/2017             104–10162–10002; 1; 10/2017           104–10162–10081; 3; 10/2017
104–10121–10093; 1; 10/2017             104–10162–10003; 1; 10/2017           104–10162–10082; 4; 10/2017
104–10121–10097; 2; 10/2017             104–10162–10004; 3; 10/2017           104–10162–10083; 2; 10/2017
104–10121–10101; 1; 10/2017             104–10162–10005; 5; 10/2017           104–10162–10084; 1; 10/2017
104–10121–10111; 1; 10/2017             104–10162–10006; 6; 10/2017           104–10162–10085; 2; 10/2017
104–10121–10120; 1; 10/2017             104–10162–10007; 3; 10/2017           104–10162–10086; 5; 10/2017
104–10121–10122; 1; 10/2017             104–10162–10008; 14; 10/2017          104–10162–10154; 1; 10/2017
104–10121–10124; 1; 10/2017             104–10162–10009; 3; 10/2017           104–10162–10155; 2; 10/2017
104–10121–10125; 1; 10/2017             104–10162–10010; 5; 10/2017           104–10162–10156; 4; 10/2017
104–10121–10129; 1; 10/2017             104–10162–10011; 1; 10/2017           104–10162–10157; 1; 10/2017
104–10121–10132; 18; 10/2017            104–10162–10012; 2; 10/2017           104–10162–10158; 4; 10/2017
104–10121–10140; 9; 10/2017             104–10162–10013; 3; 10/2017           104–10162–10159; 2; 10/2017
104–10121–10143; 1; 10/2017             104–10162–10014; 11; 10/2017          104–10162–10160; 2; 10/2017
104–10121–10147; 2; 10/2017             104–10162–10015; 5; 10/2017           104–10162–10161; 2; 10/2017
104–10121–10148; 1; 10/2017             104–10162–10016; 4; 10/2017           104–10162–10162; 2; 10/2017
104–10121–10155; 1; 10/2017             104–10162–10017; 6; 10/2017           104–10162–10163; 1; 10/2017
104–10121–10156; 1; 10/2017             104–10162–10018; 4; 10/2017           104–10162–10164; 1; 10/2017
104–10121–10157; 1; 10/2017             104–10162–10019; 5; 10/2017           104–10162–10165; 1; 10/2017
104–10121–10158; 1; 10/2017             104–10162–10020; 4; 10/2017           104–10162–10166; 1; 10/2017
104–10121–10160; 1; 10/2017             104–10162–10021; 3; 10/2017           104–10162–10168; 1; 10/2017
104–10121–10172; 3; 10/2017             104–10162–10024; 1; 05/2001           104–10162–10169; 1; 10/2017
104–10121–10174; 33; 10/2017            104–10162–10025; 2; 10/2017           104–10162–10171; 1; 10/2017
                      Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices              6707

104–10162–10172; 2; 10/2017             104–10163–10046; 1; 10/2017           104–10163–10147; 2; 10/2017
104–10162–10173; 1; 10/2017             104–10163–10047; 1; 10/2017           104–10163–10148; 1; 10/2017
104–10162–10174; 2; 10/2017             104–10163–10048; 1; 10/2017           104–10163–10149; 1; 10/2017
104–10162–10175; 5; 10/2017             104–10163–10049; 2; 10/2017           104–10163–10150; 1; 10/2017
104–10162–10176; 9; 10/2017             104–10163–10050; 2; 10/2017           104–10163–10151; 1; 10/2017
104–10162–10177; 1; 10/2017             104–10163–10051; 1; 10/2017           104–10163–10152; 1; 10/2017
104–10162–10178; 3; 10/2017             104–10163–10052; 2; 10/2017           104–10163–10153; 1; 10/2017
104–10162–10179; 5; 10/2017             104–10163–10053; 3; 10/2017           104–10163–10154; 1; 10/2017
104–10162–10180; 4; 10/2017             104–10163–10054; 1; 10/2017           104–10163–10155; 1; 10/2017
104–10162–10181; 3; 10/2017             104–10163–10055; 1; 10/2017           104–10163–10156; 1; 10/2017
104–10162–10182; 5; 10/2017             104–10163–10056; 2; 10/2017           104–10163–10157; 1; 10/2017
104–10162–10183; 1; 10/2017             104–10163–10057; 1; 10/2017           104–10163–10158; 1; 10/2017
104–10162–10184; 5; 10/2017             104–10163–10058; 1; 10/2017           104–10163–10159; 1; 10/2017
104–10162–10185; 5; 10/2017             104–10163–10059; 1; 10/2017           104–10163–10160; 5; 10/2017
104–10162–10187; 1; 10/2017             104–10163–10060; 2; 10/2017           104–10163–10161; 1; 10/2017
104–10162–10188; 6; 10/2017             104–10163–10061; 1; 10/2017           104–10163–10162; 5; 10/2017
104–10162–10189; 1; 10/2017             104–10163–10062; 2; 10/2017           104–10163–10163; 2; 10/2017
104–10162–10190; 2; 10/2017             104–10163–10063; 1; 10/2017           104–10163–10164; 6; 10/2017
104–10162–10191; 1; 10/2017             104–10163–10064; 6; 10/2017           104–10163–10165; 4; 10/2017
104–10162–10192; 2; 10/2017             104–10163–10065; 3; 10/2017           104–10163–10166; 1; 10/2017
104–10162–10193; 1; 10/2017             104–10163–10066; 1; 10/2017           104–10163–10167; 11; 10/2017
104–10162–10194; 4; 10/2017             104–10163–10067; 5; 10/2017           104–10163–10168; 1; 10/2017
104–10162–10195; 3; 10/2017             104–10163–10068; 3; 10/2017           104–10163–10169; 4; 10/2017
104–10162–10196; 1; 10/2017             104–10163–10069; 2; 10/2017           104–10163–10170; 8; 10/2017
104–10162–10197; 2; 10/2017             104–10163–10070; 1; 10/2017           104–10163–10171; 1; 10/2017
104–10162–10199; 1; 10/2017             104–10163–10071; 1; 10/2017           104–10163–10172; 1; 10/2017
104–10162–10200; 2; 10/2017             104–10163–10072; 1; 10/2017           104–10163–10175; 8; 10/2017
104–10162–10201; 1; 10/2017             104–10163–10073; 1; 10/2017           104–10163–10181; 3; 10/2017
104–10162–10202; 5; 10/2017             104–10163–10074; 1; 10/2017           104–10164–10012; 1; 10/2017
104–10162–10203; 1; 10/2017             104–10163–10075; 2; 10/2017           104–10164–10013; 2; 10/2017
104–10162–10205; 1; 10/2017             104–10163–10076; 1; 10/2017           104–10164–10019; 1; 10/2017
104–10162–10208; 1; 10/2017             104–10163–10077; 1; 10/2017           104–10164–10021; 4; 10/2017
104–10162–10209; 3; 10/2017             104–10163–10078; 1; 10/2017           104–10164–10022; 7; 10/2017
104–10162–10211; 2; 10/2017             104–10163–10079; 1; 10/2017           104–10164–10023; 1; 10/2017
104–10162–10214; 1; 10/2017             104–10163–10081; 1; 10/2017           104–10164–10025; 3; 10/2017
104–10162–10220; 3; 10/2017             104–10163–10082; 2; 10/2017           104–10164–10026; 2; 10/2017
104–10162–10221; 1; 10/2017             104–10163–10083; 1; 10/2017           104–10164–10028; 1; 10/2017
104–10162–10222; 1; 10/2017             104–10163–10091; 1; 10/2017           104–10164–10032; 1; 10/2017
104–10162–10223; 1; 10/2017             104–10163–10092; 1; 10/2017           104–10164–10033; 5; 10/2017
104–10162–10224; 1; 10/2017             104–10163–10093; 1; 10/2017           104–10164–10034; 5; 10/2017
104–10162–10225; 1; 10/2017             104–10163–10094; 1; 10/2017           104–10164–10035; 3; 10/2017
104–10162–10226; 1; 10/2017             104–10163–10096; 1; 10/2017           104–10164–10036; 9; 10/2017
104–10162–10227; 1; 10/2017             104–10163–10097; 3; 10/2017           104–10164–10043; 3; 10/2017
104–10162–10229; 7; 10/2017             104–10163–10100; 3; 10/2017           104–10164–10045; 2; 10/2017
104–10162–10230; 1; 10/2017             104–10163–10101; 1; 10/2017           104–10164–10046; 3; 10/2017
104–10162–10231; 3; 10/2017             104–10163–10102; 1; 10/2017           104–10164–10049; 1; 10/2017
104–10162–10232; 3; 10/2017             104–10163–10105; 2; 10/2017           104–10164–10051; 4; 10/2017
104–10162–10233; 17; 10/2017            104–10163–10106; 3; 10/2017           104–10164–10052; 1; 10/2017
104–10162–10234; 3; 10/2017             104–10163–10107; 2; 10/2017           104–10164–10057; 3; 10/2017
104–10162–10235; 1; 10/2017             104–10163–10108; 2; 10/2017           104–10164–10059; 1; 10/2017
104–10162–10236; 3; 10/2017             104–10163–10109; 3; 10/2017           104–10164–10067; 1; 10/2017
104–10162–10237; 1; 10/2017             104–10163–10110; 1; 10/2017           104–10164–10068; 9; 10/2017
104–10162–10238; 1; 10/2017             104–10163–10111; 2; 10/2017           104–10164–10069; 1; 10/2017
104–10162–10239; 1; 10/2017             104–10163–10112; 4; 10/2017           104–10164–10070; 9; 10/2017
104–10163–10003; 5; 10/2017             104–10163–10113; 1; 10/2017           104–10164–10071; 4; 10/2017
104–10163–10004; 2; 10/2017             104–10163–10114; 4; 10/2017           104–10164–10072; 6; 10/2017
104–10163–10006; 10; 10/2017            104–10163–10115; 1; 10/2017           104–10164–10073; 3; 10/2017
104–10163–10007; 3; 10/2017             104–10163–10116; 1; 10/2017           104–10164–10074; 3; 10/2017
104–10163–10011; 33; 10/2017            104–10163–10117; 1; 10/2017           104–10164–10075; 16; 10/2017
104–10163–10012; 42; 10/2017            104–10163–10118; 3; 10/2017           104–10164–10076; 5; 10/2017
104–10163–10015; 23; 10/2017            104–10163–10120; 2; 10/2017           104–10164–10077; 14; 10/2017
104–10163–10023; 1; 10/2017             104–10163–10121; 1; 10/2017           104–10164–10079; 1; 10/2017
104–10163–10027; 7; 10/2017             104–10163–10124; 1; 10/2017           104–10164–10080; 3; 10/2017
104–10163–10030; 3; 10/2017             104–10163–10125; 1; 10/2017           104–10164–10082; 2; 10/2017
104–10163–10031; 3; 10/2017             104–10163–10126; 2; 10/2017           104–10164–10084; 2; 10/2017
104–10163–10034; 1; 10/2017             104–10163–10127; 1; 10/2017           104–10164–10085; 2; 10/2017
104–10163–10035; 1; 10/2017             104–10163–10128; 7; 10/2017           104–10164–10086; 1; 10/2017
104–10163–10036; 1; 10/2017             104–10163–10129; 5; 10/2017           104–10164–10087; 6; 10/2017
104–10163–10037; 1; 10/2017             104–10163–10131; 3; 10/2017           104–10164–10088; 19; 10/2017
104–10163–10038; 1; 10/2017             104–10163–10134; 1; 10/2017           104–10164–10089; 1; 10/2017
104–10163–10039; 1; 10/2017             104–10163–10136; 3; 10/2017           104–10164–10090; 4; 10/2017
104–10163–10040; 1; 10/2017             104–10163–10137; 1; 10/2017           104–10164–10091; 2; 10/2017
104–10163–10042; 7; 10/2017             104–10163–10138; 2; 10/2017           104–10164–10092; 1; 10/2017
104–10163–10043; 2; 10/2017             104–10163–10143; 1; 10/2017           104–10164–10093; 3; 10/2017
104–10163–10044; 1; 10/2017             104–10163–10145; 5; 10/2017           104–10164–10094; 2; 10/2017
104–10163–10045; 1; 10/2017             104–10163–10146; 3; 10/2017           104–10164–10095; 1; 10/2017
6708                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

104–10164–10096; 1; 10/2017             104–10165–10109; 2; 10/2017           104–10166–10045; 1; 10/2017
104–10164–10114; 2; 10/2017             104–10165–10110; 5; 10/2017           104–10166–10046; 5; 10/2017
104–10165–10001; 2; 10/2017             104–10165–10111; 1; 10/2017           104–10166–10047; 2; 10/2017
104–10165–10002; 2; 10/2017             104–10165–10112; 2; 10/2017           104–10166–10067; 1; 10/2017
104–10165–10003; 4; 10/2017             104–10165–10113; 1; 10/2017           104–10166–10068; 1; 10/2017
104–10165–10004; 1; 10/2017             104–10165–10114; 2; 10/2017           104–10166–10073; 1; 10/2017
104–10165–10005; 2; 10/2017             104–10165–10115; 2; 10/2017           104–10166–10074; 2; 10/2017
104–10165–10006; 2; 10/2017             104–10165–10116; 1; 10/2017           104–10166–10075; 1; 10/2017
104–10165–10008; 1; 10/2017             104–10165–10117; 6; 10/2017           104–10166–10078; 1; 10/2017
104–10165–10009; 1; 10/2017             104–10165–10118; 1; 10/2017           104–10166–10079; 2; 10/2017
104–10165–10010; 2; 10/2017             104–10165–10122; 1; 10/2017           104–10166–10080; 1; 10/2017
104–10165–10011; 8; 10/2017             104–10165–10129; 2; 10/2017           104–10166–10081; 1; 10/2017
104–10165–10012; 10; 10/2017            104–10165–10131; 2; 10/2017           104–10166–10082; 1; 10/2017
104–10165–10013; 8; 10/2017             104–10165–10135; 1; 10/2017           104–10166–10083; 1; 10/2017
104–10165–10014; 5; 10/2017             104–10165–10136; 2; 10/2017           104–10166–10085; 1; 10/2017
104–10165–10015; 1; 10/2017             104–10165–10138; 3; 10/2017           104–10166–10086; 1; 10/2017
104–10165–10016; 3; 10/2017             104–10165–10142; 2; 10/2017           104–10166–10116; 3; 10/2017
104–10165–10017; 1; 10/2017             104–10165–10145; 1; 10/2017           104–10166–10119; 1; 10/2017
104–10165–10021; 1; 10/2017             104–10165–10146; 6; 10/2017           104–10166–10122; 2; 10/2017
104–10165–10026; 3; 10/2017             104–10165–10147; 1; 10/2017           104–10166–10123; 7; 10/2017
104–10165–10027; 2; 10/2017             104–10165–10148; 4; 10/2017           104–10166–10124; 2; 10/2017
104–10165–10028; 1; 10/2017             104–10165–10149; 2; 10/2017           104–10166–10126; 1; 10/2017
104–10165–10029; 1; 10/2017             104–10165–10150; 6; 10/2017           104–10166–10128; 19; 10/2017
104–10165–10030; 2; 10/2017             104–10165–10151; 3; 10/2017           104–10166–10129; 2; 10/2017
104–10165–10031; 4; 10/2017             104–10165–10152; 8; 10/2017           104–10166–10130; 1; 10/2017
104–10165–10032; 1; 10/2017             104–10165–10153; 2; 10/2017           104–10166–10131; 1; 10/2017
104–10165–10034; 1; 10/2017             104–10165–10154; 6; 10/2017           104–10166–10132; 2; 10/2017
104–10165–10035; 2; 10/2017             104–10165–10155; 1; 10/2017           104–10166–10134; 1; 10/2017
104–10165–10036; 1; 10/2017             104–10165–10156; 5; 10/2017           FBI Documents: Open in Full
104–10165–10037; 1; 10/2017             104–10165–10157; 5; 10/2017
104–10165–10038; 2; 10/2017             104–10165–10158; 1; 10/2017           124–10081–10359; 0; None
104–10165–10039; 1; 10/2017             104–10165–10159; 2; 10/2017           124–10118–10022; 0; None
                                                                              124–10118–10023; 0; None
104–10165–10040; 1; 10/2017             104–10165–10160; 2; 10/2017
                                                                              124–10142–10418; 0; None
104–10165–10041; 2; 10/2017             104–10165–10161; 6; 10/2017
                                                                              124–10268–10387; 0; None
104–10165–10044; 3; 10/2017             104–10165–10162; 4; 10/2017
                                                                              124–10270–10007; 0; None
104–10165–10045; 1; 10/2017             104–10165–10163; 2; 10/2017
                                                                              124–10272–10371; 0; None
104–10165–10046; 1; 10/2017             104–10165–10164; 3; 10/2017
                                                                              124–10274–10295; 0; None
104–10165–10049; 1; 10/2017             104–10165–10165; 1; 10/2017
104–10165–10050; 8; 10/2017             104–10165–10166; 1; 10/2017           FBI Documents: Postponed in Part
104–10165–10051; 2; 10/2017             104–10165–10167; 3; 10/2017           124–10179–10129; 24; 10/2017
104–10165–10052; 1; 10/2017             104–10165–10168; 4; 10/2017           124–10197–10000; 4; 10/2017
104–10165–10053; 1; 10/2017             104–10165–10169; 7; 10/2017           124–10197–10001; 1; 10/2017
104–10165–10054; 1; 10/2017             104–10165–10171; 2; 10/2017           124–10197–10003; 1; 10/2017
104–10165–10055; 2; 10/2017             104–10165–10172; 1; 10/2017           124–10197–10008; 4; 10/2017
104–10165–10056; 2; 10/2017             104–10165–10174; 17; 10/2017          124–10197–10009; 7; 10/2017
104–10165–10057; 1; 10/2017             104–10165–10175; 17; 10/2017          124–10197–10010; 2; 10/2017
104–10165–10058; 4; 10/2017             104–10165–10177; 1; 10/2017           124–10197–10016; 1; 10/2017
104–10165–10059; 2; 10/2017             104–10166–10005; 1; 10/2017           124–10197–10017; 2; 10/2017
104–10165–10060; 3; 10/2017             104–10166–10007; 1; 10/2017           124–10197–10019; 1; 10/2017
104–10165–10061; 3; 10/2017             104–10166–10009; 1; 10/2017           124–10197–10026; 1; 10/2017
104–10165–10062; 2; 10/2017             104–10166–10011; 4; 10/2017           124–10197–10030; 3; 10/2017
104–10165–10063; 2; 10/2017             104–10166–10013; 6; 10/2017           124–10197–10042; 4; 10/2017
104–10165–10064; 1; 10/2017             104–10166–10016; 1; 10/2017           124–10197–10044; 1; 10/2017
104–10165–10066; 1; 10/2017             104–10166–10021; 3; 10/2017           124–10197–10046; 1; 10/2017
104–10165–10067; 1; 10/2017             104–10166–10022; 11; 10/2017          124–10197–10056; 1; 10/2017
104–10165–10068; 1; 10/2017             104–10166–10023; 8; 10/2017           124–10197–10058; 1; 10/2017
104–10165–10069; 1; 10/2017             104–10166–10024; 3; 10/2017           124–10197–10082; 1; 10/2017
104–10165–10070; 3; 10/2017             104–10166–10025; 6; 10/2017           124–10197–10086; 1; 10/2017
104–10165–10071; 5; 10/2017             104–10166–10026; 3; 10/2017           124–10197–10359; 9; 10/2017
104–10165–10072; 1; 10/2017             104–10166–10027; 7; 10/2017           124–10197–10360; 4; 10/2017
104–10165–10073; 4; 10/2017             104–10166–10028; 1; 10/2017           124–10197–10364; 9; 10/2017
104–10165–10074; 2; 10/2017             104–10166–10029; 2; 10/2017           124–10200–10428; 2; 10/2017
104–10165–10088; 3; 10/2017             104–10166–10030; 2; 10/2017           124–10200–10431; 24; 10/2017
104–10165–10089; 5; 10/2017             104–10166–10031; 4; 10/2017           124–10200–10435; 1; 10/2017
104–10165–10090; 10; 10/2017            104–10166–10032; 5; 10/2017           124–10200–10436; 6; 10/2017
104–10165–10091; 3; 10/2017             104–10166–10033; 1; 10/2017           124–10200–10439; 6; 10/2017
104–10165–10095; 2; 10/2017             104–10166–10034; 1; 10/2017           124–10200–10442; 1; 10/2017
104–10165–10096; 1; 10/2017             104–10166–10035; 1; 10/2017           124–10200–10443; 12; 10/2017
104–10165–10097; 3; 10/2017             104–10166–10036; 1; 10/2017           124–10200–10444; 1; 10/2017
104–10165–10099; 4; 10/2017             104–10166–10037; 4; 10/2017           124–10200–10445; 7; 10/2017
104–10165–10100; 1; 10/2017             104–10166–10038; 1; 10/2017           124–10200–10446; 6; 10/2017
104–10165–10101; 3; 10/2017             104–10166–10039; 4; 10/2017           124–10200–10447; 8; 10/2017
104–10165–10102; 1; 10/2017             104–10166–10041; 2; 10/2017           124–10200–10449; 15; 10/2017
104–10165–10103; 3; 10/2017             104–10166–10042; 6; 10/2017           124–10200–10450; 7; 10/2017
104–10165–10105; 1; 10/2017             104–10166–10043; 2; 10/2017           124–10200–10455; 2; 10/2017
104–10165–10107; 1; 10/2017             104–10166–10044; 2; 10/2017           124–10200–10456; 5; 10/2017
                      Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices              6709

124–10200–10457; 1; 10/2017             124–10211–10431; 8; 10/2017           124–10216–10438; 1; 10/2017
124–10200–10468; 2; 10/2017             124–10211–10454; 68; 10/2017          124–10216–10439; 2; 10/2017
124–10200–10469; 2; 10/2017             124–10212–10393; 19; 10/2017          124–10216–10440; 4; 10/2017
124–10200–10470; 4; 10/2017             124–10212–10402; 8; 10/2017           124–10216–10443; 4; 10/2017
124–10200–10471; 3; 10/2017             124–10212–10403; 24; 10/2017          124–10216–10444; 2; 10/2017
124–10200–10474; 2; 10/2017             124–10212–10410; 6; 10/2017           124–10216–10445; 2; 10/2017
124–10200–10475; 2; 10/2017             124–10212–10428; 2; 10/2017           124–10216–10446; 2; 10/2017
124–10200–10476; 1; 10/2017             124–10212–10429; 2; 10/2017           124–10216–10448; 2; 10/2017
124–10200–10477; 1; 10/2017             124–10212–10430; 5; 10/2017           124–10216–10449; 3; 10/2017
124–10200–10478; 4; 10/2017             124–10212–10431; 15; 10/2017          124–10216–10451; 2; 10/2017
124–10200–10480; 2; 10/2017             124–10212–10432; 9; 10/2017           124–10216–10452; 1; 10/2017
124–10200–10483; 2; 10/2017             124–10212–10433; 6; 10/2017           124–10216–10454; 2; 10/2017
124–10200–10484; 2; 10/2017             124–10212–10434; 5; 10/2017           124–10216–10455; 1; 10/2017
124–10200–10485; 2; 10/2017             124–10213–10429; 3; 10/2017           124–10216–10459; 3; 10/2017
124–10201–10415; 12; 10/2017            124–10213–10435; 2; 10/2017           124–10216–10461; 3; 10/2017
124–10201–10416; 20; 10/2017            124–10213–10436; 4; 10/2017           124–10216–10463; 2; 10/2017
124–10201–10417; 4; 10/2017             124–10213–10438; 1; 10/2017           124–10216–10465; 2; 10/2017
124–10204–10341; 1; 10/2017             124–10213–10439; 1; 10/2017           124–10216–10466; 1; 10/2017
124–10204–10349; 10; 10/2017            124–10213–10440; 1; 10/2017           124–10216–10467; 3; 10/2017
124–10204–10353; 2; 10/2017             124–10213–10444; 3; 10/2017           124–10216–10469; 4; 10/2017
124–10204–10362; 3; 10/2017             124–10213–10445; 2; 10/2017           124–10216–10470; 2; 10/2017
124–10204–10363; 3; 10/2017             124–10213–10447; 86; 10/2017          124–10216–10471; 13; 10/2017
124–10204–10366; 13; 10/2017            124–10213–10458; 7; 10/2017           124–10216–10472; 4; 10/2017
124–10204–10368; 1; 10/2017             124–10213–10461; 1; 10/2017           124–10216–10474; 26; 10/2017
124–10204–10370; 91; 10/2017            124–10213–10464; 20; 10/2017          124–10216–10475; 2; 10/2017
124–10204–10386; 1; 10/2017             124–10213–10465; 4; 10/2017           124–10216–10476; 1; 10/2017
124–10204–10390; 2; 10/2017             124–10213–10479; 2; 10/2017           124–10216–10477; 2; 10/2017
124–10204–10391; 1; 10/2017             124–10213–10484; 10; 10/2017          124–10216–10478; 2; 10/2017
124–10204–10396; 3; 10/2017             124–10213–10485; 1; 10/2017           124–10216–10479; 1; 10/2017
124–10204–10403; 1; 10/2017             124–10213–10487; 10; 10/2017          124–10216–10480; 2; 10/2017
124–10204–10404; 2; 10/2017             124–10213–10488; 19; 10/2017          124–10216–10481; 2; 10/2017
124–10204–10412; 2; 10/2017             124–10213–10492; 5; 10/2017           124–10216–10482; 2; 10/2017
124–10204–10415; 1; 10/2017             124–10213–10494; 3; 10/2017           124–10216–10483; 2; 10/2017
124–10204–10417; 87; 10/2017            124–10213–10497; 7; 10/2017           124–10216–10484; 2; 10/2017
124–10204–10421; 1; 10/2017             124–10213–10498; 7; 10/2017           124–10216–10485; 4; 10/2017
124–10204–10425; 5; 10/2017             124–10214–10029; 2; 10/2017           124–10216–10486; 2; 10/2017
124–10204–10426; 18; 10/2017            124–10214–10031; 10; 10/2017          124–10216–10487; 2; 10/2017
124–10204–10429; 3; 10/2017             124–10215–10225; 4; 10/2017           124–10216–10488; 2; 10/2017
124–10204–10431; 3; 10/2017             124–10215–10230; 1; 10/2017           124–10216–10490; 2; 10/2017
124–10204–10432; 10; 10/2017            124–10215–10235; 12; 10/2017          124–10216–10491; 2; 10/2017
124–10204–10433; 4; 10/2017             124–10215–10236; 2; 10/2017           124–10216–10493; 4; 10/2017
124–10204–10434; 29; 10/2017            124–10215–10238; 1; 10/2017           124–10216–10494; 2; 10/2017
124–10205–10450; 17; 10/2017            124–10215–10251; 2; 10/2017           124–10216–10495; 2; 10/2017
124–10206–10406; 13; 10/2017            124–10215–10254; 26; 10/2017          124–10216–10496; 2; 10/2017
124–10206–10408; 102; 10/2017           124–10215–10260; 9; 10/2017           124–10217–10095; 12; 10/2017
124–10206–10413; 2; 10/2017             124–10215–10276; 12; 10/2017          124–10217–10096; 6; 10/2017
124–10206–10414; 7; 10/2017             124–10215–10284; 1; 10/2017           124–10217–10097; 6; 10/2017
124–10206–10415; 21; 10/2017            124–10215–10287; 1; 10/2017           124–10217–10098; 6; 10/2017
124–10206–10416; 8; 10/2017             124–10215–10288; 2; 10/2017           124–10217–10099; 11; 10/2017
124–10206–10455; 1; 10/2017             124–10215–10299; 25; 10/2017          124–10217–10100; 4; 10/2017
124–10206–10458; 207; 10/2017           124–10215–10300; 2; 10/2017           124–10217–10102; 11; 10/2017
124–10208–10403; 12; 10/2017            124–10215–10307; 3; 10/2017           124–10217–10103; 9; 10/2017
124–10208–10404; 2; 10/2017             124–10215–10316; 4; 10/2017           124–10217–10105; 9; 10/2017
124–10208–10405; 3; 10/2017             124–10216–10235; 120; 10/2017         124–10217–10107; 9; 10/2017
124–10208–10406; 1; 10/2017             124–10216–10236; 4; 10/2017           124–10217–10109; 4; 10/2017
124–10208–10407; 14; 10/2017            124–10216–10237; 13; 10/2017          124–10217–10110; 2; 10/2017
124–10208–10408; 14; 10/2017            124–10216–10238; 8; 10/2017           124–10217–10114; 4; 10/2017
124–10208–10410; 1; 10/2017             124–10216–10239; 8; 10/2017           124–10217–10116; 1; 10/2017
124–10208–10412; 3; 10/2017             124–10216–10240; 7; 10/2017           124–10217–10118; 13; 10/2017
124–10208–10413; 24; 10/2017            124–10216–10241; 12; 10/2017          124–10217–10120; 62; 10/2017
124–10208–10414; 9; 10/2017             124–10216–10396; 5; 10/2017           124–10217–10122; 9; 10/2017
124–10208–10415; 8; 10/2017             124–10216–10400; 17; 10/2017          124–10217–10133; 2; 10/2017
124–10208–10418; 4; 10/2017             124–10216–10406; 1; 10/2017           124–10217–10137; 3; 10/2017
124–10208–10419; 2; 10/2017             124–10216–10407; 7; 10/2017           124–10217–10140; 14; 10/2017
124–10208–10421; 7; 10/2017             124–10216–10408; 9; 10/2017           124–10217–10143; 3; 10/2017
124–10208–10422; 2; 10/2017             124–10216–10411; 14; 10/2017          124–10217–10150; 5; 10/2017
124–10209–10469; 9; 10/2017             124–10216–10422; 4; 10/2017           124–10217–10152; 1; 10/2017
124–10209–10475; 1; 10/2017             124–10216–10428; 2; 10/2017           124–10217–10153; 18; 10/2017
124–10209–10476; 1; 10/2017             124–10216–10429; 2; 10/2017           124–10217–10162; 2; 10/2017
124–10211–10246; 70; 10/2017            124–10216–10430; 1; 10/2017           124–10217–10170; 3; 10/2017
124–10211–10247; 8; 10/2017             124–10216–10431; 1; 10/2017           124–10217–10173; 11; 10/2017
124–10211–10290; 1; 10/2017             124–10216–10432; 4; 10/2017           124–10217–10174; 34; 10/2017
124–10211–10300; 21; 10/2017            124–10216–10434; 2; 10/2017           124–10217–10175; 4; 10/2017
124–10211–10305; 2; 10/2017             124–10216–10435; 2; 10/2017           124–10217–10176; 5; 10/2017
124–10211–10308; 20; 10/2017            124–10216–10436; 2; 10/2017           124–10217–10177; 8; 10/2017
124–10211–10423; 1; 10/2017             124–10216–10437; 2; 10/2017           124–10217–10182; 12; 10/2017
6710                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

124–10217–10185; 13; 10/2017            124–10223–10386; 5; 10/2017           124–10278–10126; 1; 10/2017
124–10217–10190; 15; 10/2017            124–10223–10397; 5; 10/2017           124–10278–10128; 65; 10/2017
124–10217–10195; 10; 10/2017            124–10223–10412; 1; 10/2017           124–10278–10218; 1; 10/2017
124–10217–10263; 11; 10/2017            124–10223–10414; 6; 10/2017           124–10278–10221; 5; 10/2017
124–10219–10213; 1; 10/2017             124–10223–10429; 2; 10/2017           124–10278–10229; 6; 10/2017
124–10219–10214; 2; 10/2017             124–10223–10430; 1; 10/2017           124–10278–10231; 12; 10/2017
124–10219–10216; 1; 10/2017             124–10223–10431; 10; 10/2017          124–10278–10253; 2; 10/2017
124–10219–10218; 9; 10/2017             124–10223–10433; 1; 10/2017           124–10278–10264; 4; 10/2017
124–10219–10220; 9; 10/2017             124–10223–10436; 4; 10/2017           124–10278–10271; 15; 10/2017
124–10219–10222; 6; 10/2017             124–10223–10439; 1; 10/2017           124–10278–10282; 1; 10/2017
124–10219–10229; 3; 10/2017             124–10223–10443; 1; 10/2017           124–10278–10284; 7; 10/2017
124–10219–10234; 6; 10/2017             124–10223–10444; 21; 10/2017          124–10278–10285; 2; 10/2017
124–10219–10237; 13; 10/2017            124–10223–10445; 14; 10/2017          124–10278–10312; 3; 10/2017
124–10219–10240; 5; 10/2017             124–10223–10446; 3; 10/2017           124–10278–10319; 3; 10/2017
124–10219–10241; 2; 10/2017             124–10223–10447; 1; 10/2017           124–10278–10321; 3; 10/2017
124–10219–10242; 6; 10/2017             124–10223–10448; 4; 10/2017           124–10278–10322; 4; 10/2017
124–10219–10243; 2; 10/2017             124–10223–10449; 3; 10/2017           124–10278–10324; 1; 10/2017
124–10219–10244; 11; 10/2017            124–10223–10451; 3; 10/2017           124–10278–10326; 14; 10/2017
124–10219–10245; 25; 10/2017            124–10223–10456; 4; 10/2017           124–10278–10328; 6; 10/2017
124–10219–10250; 7; 10/2017             124–10223–10458; 13; 10/2017          124–10278–10331; 5; 10/2017
124–10219–10251; 3; 10/2017             124–10223–10459; 1; 10/2017           124–10278–10340; 209; 10/2017
124–10219–10252; 7; 10/2017             124–10223–10460; 2; 10/2017           124–10278–10347; 14; 10/2017
124–10219–10253; 1; 10/2017             124–10223–10461; 6; 10/2017           124–10278–10356; 2; 10/2017
124–10219–10254; 1; 10/2017             124–10223–10466; 5; 10/2017           124–10278–10365; 59; 10/2017
124–10219–10255; 8; 10/2017             124–10223–10469; 11; 10/2017          124–10278–10370; 1; 10/2017
124–10220–10070; 5; 10/2017             124–10224–10030; 6; 10/2017           124–10278–10376; 1; 10/2017
124–10220–10075; 2; 10/2017             124–10224–10031; 23; 10/2017          124–10278–10377; 4; 10/2017
124–10220–10103; 4; 10/2017             124–10226–10141; 1; 10/2017           124–10279–10119; 4; 10/2017
124–10220–10110; 3; 10/2017             124–10226–10148; 5; 10/2017           124–10279–10144; 9; 10/2017
124–10220–10115; 2; 10/2017             124–10226–10149; 2; 10/2017           124–10280–10119; 2; 10/2017
124–10220–10205; 1; 10/2017             124–10226–10151; 2; 10/2017           124–10280–10127; 18; 10/2017
124–10220–10225; 1; 10/2017             124–10226–10156; 42; 10/2017          124–10282–10001; 1; 10/2017
124–10220–10291; 16; 10/2017            124–10226–10157; 5; 10/2017           124–10282–10002; 1; 10/2017
124–10220–10296; 15; 10/2017            124–10226–10159; 8; 10/2017           124–10282–10003; 4; 10/2017
124–10220–10299; 1; 10/2017             124–10226–10161; 12; 10/2017          124–10282–10005; 2; 10/2017
124–10220–10301; 9; 10/2017             124–10226–10164; 17; 10/2017          124–10282–10007; 2; 10/2017
124–10220–10303; 1; 10/2017             124–10226–10166; 5; 10/2017           124–10282–10008; 4; 10/2017
124–10220–10444; 28; 10/2017            124–10226–10167; 5; 10/2017           124–10282–10010; 2; 10/2017
124–10220–10491; 104; 10/2017           124–10226–10173; 4; 10/2017           124–10282–10011; 3; 10/2017
124–10220–10495; 13; 10/2017            124–10226–10174; 3; 10/2017           124–10282–10013; 2; 10/2017
124–10221–10065; 12; 10/2017            124–10226–10175; 7; 10/2017           124–10282–10014; 1; 10/2017
124–10221–10066; 12; 10/2017            124–10226–10176; 2; 10/2017           124–10282–10015; 3; 10/2017
124–10221–10071; 5; 10/2017             124–10226–10181; 2; 10/2017           124–10282–10016; 2; 10/2017
124–10221–10072; 12; 10/2017            124–10226–10182; 1; 10/2017           124–10282–10019; 3; 10/2017
124–10221–10076; 3; 10/2017             124–10226–10184; 10; 10/2017          124–10282–10021; 3; 10/2017
124–10221–10078; 8; 10/2017             124–10226–10185; 7; 10/2017           124–10282–10027; 2; 10/2017
124–10222–10041; 1; 10/2017             124–10226–10186; 12; 10/2017          124–10282–10029; 3; 10/2017
124–10222–10046; 1; 10/2017             124–10226–10187; 7; 10/2017           124–10282–10030; 12; 10/2017
124–10222–10048; 17; 10/2017            124–10226–10188; 3; 10/2017           124–10282–10031; 1; 10/2017
124–10222–10052; 4; 10/2017             124–10226–10189; 1; 10/2017           124–10282–10032; 3; 10/2017
124–10222–10053; 2; 10/2017             124–10226–10190; 2; 10/2017           124–10282–10033; 2; 10/2017
124–10222–10055; 3; 10/2017             124–10226–10191; 6; 10/2017           124–10282–10035; 4; 10/2017
124–10222–10087; 1; 10/2017             124–10226–10192; 3; 10/2017           124–10282–10036; 2; 10/2017
124–10222–10093; 3; 10/2017             124–10250–10233; 18; 10/2017          124–10282–10037; 5; 10/2017
124–10222–10108; 1; 10/2017             124–10251–10249; 18; 10/2017          124–10282–10038; 26; 10/2017
124–10222–10476; 1; 10/2017             124–10277–10288; 4; 10/2017           124–10282–10040; 2; 10/2017
124–10223–10319; 8; 10/2017             124–10277–10289; 4; 10/2017           124–10282–10041; 1; 10/2017
124–10223–10323; 1; 10/2017             124–10277–10291; 2; 10/2017           124–10282–10042; 2; 10/2017
124–10223–10330; 6; 10/2017             124–10277–10293; 10; 10/2017          124–10282–10043; 2; 10/2017
124–10223–10339; 2; 10/2017             124–10277–10294; 1; 10/2017           124–10282–10044; 2; 10/2017
124–10223–10340; 11; 10/2017            124–10277–10297; 10; 10/2017          124–10282–10045; 2; 10/2017
124–10223–10344; 4; 10/2017             124–10277–10298; 12; 10/2017          124–10282–10046; 1; 10/2017
124–10223–10348; 4; 10/2017             124–10277–10299; 10; 10/2017          124–10282–10047; 2; 10/2017
124–10223–10349; 5; 10/2017             124–10277–10300; 3; 10/2017           124–10282–10048; 2; 10/2017
124–10223–10351; 2; 10/2017             124–10277–10302; 18; 10/2017          124–10282–10049; 2; 10/2017
124–10223–10353; 2; 10/2017             124–10277–10303; 5; 10/2017           124–10282–10050; 4; 10/2017
124–10223–10354; 4; 10/2017             124–10277–10304; 9; 10/2017           124–10282–10051; 2; 10/2017
124–10223–10362; 13; 10/2017            124–10277–10305; 5; 10/2017           124–10282–10052; 4; 10/2017
124–10223–10363; 1; 10/2017             124–10278–10081; 3; 10/2017           124–10282–10054; 2; 10/2017
124–10223–10365; 4; 10/2017             124–10278–10086; 8; 10/2017           124–10282–10055; 2; 10/2017
124–10223–10366; 1; 10/2017             124–10278–10094; 3; 10/2017           124–10282–10056; 2; 10/2017
124–10223–10367; 1; 10/2017             124–10278–10097; 1; 10/2017           124–10282–10058; 4; 10/2017
124–10223–10373; 1; 10/2017             124–10278–10105; 11; 10/2017          124–10282–10059; 2; 10/2017
124–10223–10374; 2; 10/2017             124–10278–10118; 1; 10/2017           124–10282–10060; 2; 10/2017
124–10223–10375; 1; 10/2017             124–10278–10120; 3; 10/2017           124–10282–10061; 2; 10/2017
124–10223–10382; 1; 10/2017             124–10278–10124; 2; 10/2017           124–10282–10064; 1; 10/2017
                      Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices               6711

124–10282–10066; 2; 10/2017             124–10283–10167; 1; 10/2017           124–10286–10039; 9; 10/2017
124–10282–10067; 2; 10/2017             124–10283–10171; 1; 10/2017           124–10286–10070; 1; 10/2017
124–10282–10068; 3; 10/2017             124–10283–10173; 11; 10/2017          124–10286–10072; 17; 10/2017
124–10282–10072; 1; 10/2017             124–10283–10176; 1; 10/2017           124–10286–10077; 1; 10/2017
124–10282–10074; 1; 10/2017             124–10283–10177; 1; 10/2017           124–10286–10078; 2; 10/2017
124–10282–10076; 2; 10/2017             124–10283–10178; 1; 10/2017           124–10286–10291; 2; 10/2017
124–10282–10078; 1; 10/2017             124–10283–10182; 1; 10/2017           124–10286–10293; 9; 10/2017
124–10282–10080; 1; 10/2017             124–10283–10188; 2; 10/2017           124–10286–10295; 13; 10/2017
124–10282–10085; 1; 10/2017             124–10283–10193; 17; 10/2017          124–10286–10296; 13; 10/2017
124–10282–10161; 1; 10/2017             124–10283–10194; 17; 10/2017          124–10286–10298; 75; 10/2017
124–10282–10165; 31; 10/2017            124–10283–10196; 2; 10/2017           124–10286–10299; 7; 10/2017
124–10282–10166; 25; 10/2017            124–10283–10197; 1; 10/2017           124–10286–10304; 2; 10/2017
124–10282–10167; 34; 10/2017            124–10283–10199; 4; 10/2017           124–10286–10308; 1; 10/2017
124–10282–10168; 79; 10/2017            124–10283–10200; 26; 10/2017          124–10286–10312; 13; 10/2017
124–10282–10170; 45; 10/2017            124–10283–10203; 2; 10/2017           124–10286–10326; 10; 10/2017
124–10282–10174; 10; 10/2017            124–10283–10205; 7; 10/2017           124–10286–10331; 12; 10/2017
124–10282–10175; 2; 10/2017             124–10283–10207; 26; 10/2017          124–10286–10334; 1; 10/2017
124–10282–10179; 3; 10/2017             124–10283–10208; 2; 10/2017           124–10286–10337; 13; 10/2017
124–10282–10188; 4; 10/2017             124–10283–10210; 6; 10/2017           124–10286–10338; 1; 10/2017
124–10282–10191; 55; 10/2017            124–10283–10214; 1; 10/2017           124–10286–10339; 1; 10/2017
124–10282–10192; 1; 10/2017             124–10283–10215; 1; 10/2017           124–10286–10340; 103; 10/2017
124–10282–10194; 3; 10/2017             124–10284–10020; 45; 10/2017          124–10286–10343; 9; 10/2017
124–10282–10195; 1; 10/2017             124–10284–10028; 105; 10/2017         124–10286–10344; 4; 10/2017
124–10282–10197; 18; 10/2017            124–10284–10029; 4; 10/2017           124–10286–10345; 4; 10/2017
124–10282–10205; 41; 10/2017            124–10284–10030; 20; 10/2017          124–10286–10347; 17; 10/2017
124–10282–10206; 2; 10/2017             124–10284–10032; 3; 10/2017           124–10286–10350; 3; 10/2017
124–10282–10209; 29; 10/2017            124–10284–10033; 24; 10/2017          124–10286–10351; 67; 10/2017
124–10282–10212; 1; 10/2017             124–10284–10037; 7; 10/2017           124–10286–10353; 2; 10/2017
124–10282–10213; 1; 10/2017             124–10284–10040; 5; 10/2017           124–10286–10354; 13; 10/2017
124–10282–10214; 37; 10/2017            124–10284–10041; 4; 10/2017           124–10286–10357; 7; 10/2017
124–10282–10215; 9; 10/2017             124–10284–10042; 5; 10/2017           124–10286–10362; 20; 10/2017
124–10282–10216; 23; 10/2017            124–10284–10213; 5; 10/2017           124–10286–10364; 1; 10/2017
124–10282–10219; 29; 10/2017            124–10284–10215; 16; 10/2017          124–10286–10367; 41; 10/2017
124–10282–10220; 2; 10/2017             124–10284–10217; 1; 10/2017           124–10286–10368; 1; 10/2017
124–10282–10221; 8; 10/2017             124–10284–10220; 1; 10/2017           124–10286–10369; 2; 10/2017
124–10282–10222; 1; 10/2017             124–10284–10225; 8; 10/2017           124–10286–10370; 2; 10/2017
124–10282–10223; 15; 10/2017            124–10284–10227; 2; 10/2017           124–10286–10371; 6; 10/2017
124–10282–10224; 6; 10/2017             124–10284–10229; 1; 10/2017           124–10286–10373; 3; 10/2017
124–10282–10227; 12; 10/2017            124–10284–10236; 6; 10/2017           124–10286–10374; 3; 10/2017
124–10283–10009; 3; 10/2017             124–10284–10241; 1; 10/2017           124–10286–10383; 4; 10/2017
124–10283–10044; 8; 10/2017             124–10284–10246; 9; 10/2017           124–10286–10385; 58; 10/2017
124–10283–10054; 4; 10/2017             124–10284–10254; 1; 10/2017           124–10286–10470; 1; 10/2017
124–10283–10057; 18; 10/2017            124–10284–10265; 1; 10/2017           124–10286–10471; 2; 10/2017
124–10283–10061; 5; 10/2017             124–10284–10267; 1; 10/2017           124–10286–10474; 1; 10/2017
124–10283–10062; 303; 10/2017           124–10284–10268; 9; 10/2017           124–10286–10476; 1; 10/2017
124–10283–10064; 7; 10/2017             124–10284–10269; 2; 10/2017           124–10286–10477; 1; 10/2017
124–10283–10065; 7; 10/2017             124–10284–10270; 27; 10/2017          124–10286–10480; 1; 10/2017
124–10283–10066; 3; 10/2017             124–10284–10274; 5; 10/2017           124–10286–10484; 2; 10/2017
124–10283–10069; 24; 10/2017            124–10284–10276; 19; 10/2017          124–10286–10489; 16; 10/2017
124–10283–10081; 4; 10/2017             124–10284–10280; 6; 10/2017           124–10286–10493; 58; 10/2017
124–10283–10084; 8; 10/2017             124–10284–10401; 4; 10/2017           124–10286–10499; 3; 10/2017
124–10283–10088; 45; 10/2017            124–10284–10402; 66; 10/2017          124–10287–10000; 2; 10/2017
124–10283–10093; 2; 10/2017             124–10284–10403; 37; 10/2017          124–10287–10001; 3; 10/2017
124–10283–10095; 6; 10/2017             124–10284–10406; 17; 10/2017          124–10287–10004; 2; 10/2017
124–10283–10096; 38; 10/2017            124–10284–10428; 3; 10/2017           124–10287–10005; 1; 10/2017
124–10283–10137; 1; 10/2017             124–10284–10431; 3; 10/2017           124–10287–10007; 2; 10/2017
124–10283–10138; 1; 10/2017             124–10284–10439; 1; 10/2017           124–10287–10009; 1; 10/2017
124–10283–10139; 5; 10/2017             124–10284–10454; 4; 10/2017           124–10287–10014; 5; 10/2017
124–10283–10141; 6; 10/2017             124–10284–10457; 8; 10/2017           124–10287–10034; 6; 10/2017
124–10283–10142; 8; 10/2017             124–10285–10174; 4; 10/2017           124–10287–10040; 3; 10/2017
124–10283–10144; 6; 10/2017             124–10286–10002; 1; 10/2017           124–10287–10044; 77; 10/2017
124–10283–10145; 10; 10/2017            124–10286–10004; 1; 10/2017           124–10287–10155; 5; 10/2017
124–10283–10146; 1; 10/2017             124–10286–10005; 2; 10/2017           124–10287–10171; 2; 10/2017
124–10283–10147; 3; 10/2017             124–10286–10008; 3; 10/2017           124–10287–10188; 4; 10/2017
124–10283–10148; 77; 10/2017            124–10286–10011; 12; 10/2017          124–10287–10189; 8; 10/2017
124–10283–10149; 3; 10/2017             124–10286–10015; 7; 10/2017           124–10287–10190; 1; 10/2017
124–10283–10150; 9; 10/2017             124–10286–10018; 7; 10/2017           124–10287–10191; 1; 10/2017
124–10283–10151; 3; 10/2017             124–10286–10022; 4; 10/2017           124–10287–10192; 61; 10/2017
124–10283–10153; 1; 10/2017             124–10286–10023; 10; 10/2017          124–10287–10195; 21; 10/2017
124–10283–10156; 1; 10/2017             124–10286–10025; 1; 10/2017           124–10287–10196; 5; 10/2017
124–10283–10157; 108; 10/2017           124–10286–10027; 6; 10/2017           124–10287–10197; 1; 10/2017
124–10283–10158; 3; 10/2017             124–10286–10029; 1; 10/2017           124–10287–10198; 1; 10/2017
124–10283–10159; 2; 10/2017             124–10286–10030; 7; 10/2017           124–10287–10204; 4; 10/2017
124–10283–10160; 1; 10/2017             124–10286–10031; 25; 10/2017          124–10287–10205; 6; 10/2017
124–10283–10164; 109; 10/2017           124–10286–10032; 7; 10/2017           124–10287–10206; 20; 10/2017
124–10283–10166; 1; 10/2017             124–10286–10033; 2; 10/2017           124–10287–10207; 20; 10/2017
6712                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

124–10287–10208; 3; 10/2017             124–10288–10490; 2; 10/2017           124–10290–10005; 3; 10/2017
124–10287–10209; 153; 10/2017           124–10288–10491; 2; 10/2017           124–10290–10020; 1; 10/2017
124–10287–10210; 43; 10/2017            124–10288–10493; 6; 10/2017           124–10290–10021; 7; 10/2017
124–10287–10212; 100; 10/2017           124–10288–10495; 7; 10/2017           124–10290–10027; 2; 10/2017
124–10287–10213; 31; 10/2017            124–10288–10496; 1; 10/2017           124–10290–10029; 16; 10/2017
124–10287–10218; 46; 10/2017            124–10288–10498; 4; 10/2017           124–10290–10030; 4; 10/2017
124–10287–10219; 1; 10/2017             124–10289–10185; 3; 10/2017           124–10290–10032; 1; 10/2017
124–10287–10221; 1; 10/2017             124–10289–10186; 4; 10/2017           124–10290–10166; 1; 10/2017
124–10287–10228; 8; 10/2017             124–10289–10187; 1; 10/2017           124–10290–10168; 2; 10/2017
124–10287–10234; 3; 10/2017             124–10289–10188; 2; 10/2017           124–10290–10346; 3; 10/2017
124–10287–10239; 7; 10/2017             124–10289–10190; 4; 10/2017           124–10290–10347; 3; 10/2017
124–10287–10240; 1; 10/2017             124–10289–10191; 1; 10/2017           124–10290–10349; 1; 10/2017
124–10287–10241; 24; 10/2017            124–10289–10192; 8; 10/2017           124–10290–10351; 1; 10/2017
124–10287–10242; 20; 10/2017            124–10289–10193; 4; 10/2017           124–10290–10356; 3; 10/2017
124–10287–10243; 7; 10/2017             124–10289–10194; 19; 10/2017          124–10290–10357; 2; 10/2017
124–10287–10245; 2; 10/2017             124–10289–10195; 1; 10/2017           124–10290–10361; 1; 10/2017
124–10287–10340; 1; 10/2017             124–10289–10197; 1; 10/2017           124–10290–10367; 14; 10/2017
124–10287–10341; 8; 10/2017             124–10289–10198; 6; 10/2017           124–10290–10368; 1; 10/2017
124–10287–10343; 2; 10/2017             124–10289–10200; 1; 10/2017           124–10290–10374; 1; 10/2017
124–10287–10350; 1; 10/2017             124–10289–10201; 5; 10/2017           124–10290–10375; 5; 10/2017
124–10287–10353; 3; 10/2017             124–10289–10202; 2; 10/2017           124–10290–10379; 93; 10/2017
124–10287–10354; 2; 10/2017             124–10289–10205; 7; 10/2017           124–10290–10381; 13; 10/2017
124–10287–10356; 8; 10/2017             124–10289–10206; 2; 10/2017           124–10290–10382; 10; 10/2017
124–10287–10357; 4; 10/2017             124–10289–10209; 2; 10/2017           124–10290–10384; 6; 10/2017
124–10287–10359; 1; 10/2017             124–10289–10210; 1; 10/2017           124–10290–10388; 1; 10/2017
124–10287–10360; 1; 10/2017             124–10289–10211; 2; 10/2017           124–10290–10391; 2; 10/2017
124–10287–10368; 1; 10/2017             124–10289–10212; 1; 10/2017           124–10290–10393; 5; 10/2017
124–10287–10377; 16; 10/2017            124–10289–10216; 14; 10/2017          124–10290–10394; 6; 10/2017
124–10287–10378; 34; 10/2017            124–10289–10220; 3; 10/2017           124–10290–10396; 2; 10/2017
124–10287–10379; 17; 10/2017            124–10289–10222; 5; 10/2017           124–10290–10397; 4; 10/2017
124–10287–10380; 14; 10/2017            124–10289–10223; 3; 10/2017           124–10290–10398; 1; 10/2017
124–10287–10383; 16; 10/2017            124–10289–10224; 3; 10/2017           124–10290–10399; 1; 10/2017
124–10287–10387; 2; 10/2017             124–10289–10225; 4; 10/2017           124–10290–10401; 2; 10/2017
124–10287–10391; 3; 10/2017             124–10289–10226; 1; 10/2017           124–10290–10402; 1; 10/2017
124–10287–10392; 2; 10/2017             124–10289–10228; 6; 10/2017           124–10290–10403; 1; 10/2017
124–10287–10393; 11; 10/2017            124–10289–10229; 2; 10/2017           124–10290–10404; 1; 10/2017
124–10287–10395; 1; 10/2017             124–10289–10230; 6; 10/2017           124–10290–10405; 3; 10/2017
124–10288–10416; 10; 10/2017            124–10289–10231; 1; 10/2017           124–10290–10406; 3; 10/2017
124–10288–10417; 5; 10/2017             124–10289–10233; 1; 10/2017           124–10290–10408; 9; 10/2017
124–10288–10418; 12; 10/2017            124–10289–10235; 6; 10/2017           124–10290–10409; 10; 10/2017
124–10288–10419; 9; 10/2017             124–10289–10236; 4; 10/2017           124–10290–10454; 1; 10/2017
124–10288–10420; 4; 10/2017             124–10289–10237; 1; 10/2017           124–10290–10456; 2; 10/2017
124–10288–10422; 5; 10/2017             124–10289–10238; 2; 10/2017           124–10290–10457; 2; 10/2017
124–10288–10423; 1; 10/2017             124–10289–10240; 9; 10/2017           124–10290–10458; 9; 10/2017
124–10288–10425; 2; 10/2017             124–10289–10241; 4; 10/2017           124–10290–10459; 1; 10/2017
124–10288–10426; 3; 10/2017             124–10289–10243; 2; 10/2017           124–10290–10460; 3; 10/2017
124–10288–10427; 2; 10/2017             124–10289–10245; 2; 10/2017           124–10290–10464; 1; 10/2017
124–10288–10431; 1; 10/2017             124–10289–10250; 1; 10/2017           124–10290–10470; 2; 10/2017
124–10288–10432; 2; 10/2017             124–10289–10251; 1; 10/2017           124–10290–10474; 3; 10/2017
124–10288–10435; 1; 10/2017             124–10289–10252; 1; 10/2017           124–10290–10475; 2; 10/2017
124–10288–10435; 1; 10/2017             124–10289–10253; 1; 10/2017           124–10290–10476; 5; 10/2017
124–10288–10436; 5; 10/2017             124–10289–10254; 9; 10/2017           124–10290–10477; 1; 10/2017
124–10288–10437; 1; 10/2017             124–10289–10256; 3; 10/2017           124–10290–10478; 3; 10/2017
124–10288–10438; 3; 10/2017             124–10289–10259; 1; 10/2017           124–10290–10479; 1; 10/2017
124–10288–10439; 1; 10/2017             124–10289–10260; 1; 10/2017           124–10290–10483; 1; 10/2017
124–10288–10440; 1; 10/2017             124–10289–10261; 1; 10/2017           124–10290–10484; 15; 10/2017
124–10288–10441; 1; 10/2017             124–10289–10262; 1; 10/2017           124–10290–10485; 1; 10/2017
124–10288–10443; 1; 10/2017             124–10289–10263; 2; 10/2017           124–10290–10488; 1; 10/2017
124–10288–10444; 5; 10/2017             124–10289–10265; 4; 10/2017           124–10290–10489; 3; 10/2017
124–10288–10445; 7; 10/2017             124–10289–10266; 1; 10/2017           124–10290–10490; 2; 10/2017
124–10288–10448; 1; 10/2017             124–10289–10272; 2; 10/2017           124–10290–10491; 1; 10/2017
124–10288–10449; 1; 10/2017             124–10289–10274; 2; 10/2017           124–10290–10492; 7; 10/2017
124–10288–10450; 4; 10/2017             124–10289–10276; 3; 10/2017           124–10290–10493; 1; 10/2017
124–10288–10451; 4; 10/2017             124–10289–10278; 1; 10/2017           124–10290–10494; 1; 10/2017
124–10288–10452; 5; 10/2017             124–10289–10279; 4; 10/2017           124–10290–10495; 2; 10/2017
124–10288–10454; 1; 10/2017             124–10289–10281; 1; 10/2017           124–10290–10496; 6; 10/2017
124–10288–10458; 3; 10/2017             124–10289–10283; 6; 10/2017           124–10290–10497; 5; 10/2017
124–10288–10459; 7; 10/2017             124–10289–10291; 2; 10/2017           124–10290–10498; 40; 10/2017
124–10288–10463; 2; 10/2017             124–10289–10292; 1; 10/2017           124–10290–10499; 1; 10/2017
124–10288–10464; 3; 10/2017             124–10289–10296; 2; 10/2017           124–10291–10287; 1; 10/2017
124–10288–10465; 2; 10/2017             124–10289–10311; 6; 10/2017           124–10292–10091; 3; 10/2017
124–10288–10468; 1; 10/2017             124–10289–10320; 2; 10/2017           124–10292–10093; 3; 10/2017
124–10288–10469; 6; 10/2017             124–10289–10322; 4; 10/2017           124–10292–10096; 2; 10/2017
124–10288–10475; 7; 10/2017             124–10289–10325; 2; 10/2017           124–10292–10097; 7; 10/2017
124–10288–10479; 2; 10/2017             124–10289–10333; 5; 10/2017           124–10292–10100; 5; 10/2017
124–10288–10484; 10; 10/2017            124–10289–10334; 2; 10/2017           124–10292–10105; 3; 10/2017
                      Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                  6713

124–10292–10111; 5; 10/2017             124–10293–10343; 7; 10/2017           124–10302–10260; 1; 10/2017
124–10292–10117; 9; 10/2017             124–10293–10345; 29; 10/2017          124–10312–10053; 4; 10/2017
124–10292–10118; 16; 10/2017            124–10293–10347; 6; 10/2017           124–90022–10004; 8; 10/2017
124–10292–10131; 4; 10/2017             124–10293–10348; 1; 10/2017           124–90022–10005; 1; 10/2017
124–10292–10140; 7; 10/2017             124–10293–10349; 17; 10/2017          124–90022–10006; 3; 10/2017
124–10292–10143; 2; 10/2017             124–10293–10350; 13; 10/2017          124–90022–10009; 3; 10/2017
124–10293–10227; 4; 10/2017             124–10293–10351; 22; 10/2017          124–90022–10013; 1; 10/2017
124–10293–10229; 6; 10/2017             124–10293–10352; 4; 10/2017           124–90022–10014; 1; 10/2017
124–10293–10230; 3; 10/2017             124–10294–10151; 1; 10/2017           124–90022–10016; 1; 10/2017
124–10293–10235; 1; 10/2017             124–10294–10152; 2; 10/2017           124–90022–10019; 4; 10/2017
124–10293–10237; 1; 10/2017             124–10294–10186; 1; 10/2017           124–90022–10020; 2; 10/2017
124–10293–10239; 1; 10/2017             124–10297–10001; 7; 10/2017           124–90022–10021; 2; 10/2017
124–10293–10240; 2; 10/2017             124–10297–10002; 2; 10/2017           124–90022–10023; 2; 10/2017
124–10293–10241; 2; 10/2017             124–10297–10003; 49; 10/2017          124–90022–10024; 1; 10/2017
124–10293–10242; 5; 10/2017             124–10297–10005; 1; 10/2017           124–90022–10025; 1; 10/2017
124–10293–10243; 1; 10/2017             124–10297–10008; 2; 10/2017           124–90022–10030; 1; 10/2017
124–10293–10244; 2; 10/2017             124–10297–10011; 1; 10/2017           124–90022–10032; 2; 10/2017
124–10293–10245; 1; 10/2017             124–10297–10016; 14; 10/2017
                                                                              HSCA Documents: Postponed in Part
124–10293–10247; 1; 10/2017             124–10297–10017; 1; 10/2017
124–10293–10248; 1; 10/2017             124–10297–10021; 5; 10/2017           180–10141–10222; 2; 05/2001
124–10293–10249; 1; 10/2017             124–10297–10023; 1; 10/2017           180–10142–10167; 1; 10/2017
124–10293–10257; 3; 10/2017             124–10297–10031; 3; 10/2017           180–10143–10153; 8; 10/2017
124–10293–10259; 5; 10/2017             124–10297–10033; 3; 10/2017           NARA–LBJ Documents: Postponed in Part
124–10293–10260; 3; 10/2017             124–10297–10038; 5; 10/2017
124–10293–10261; 9; 10/2017             124–10297–10040; 1; 10/2017           177–10001–10296; 1; 10/2017
124–10293–10262; 3; 10/2017             124–10297–10041; 20; 10/2017          177–10001–10437; 3; 10/2017
124–10293–10263; 19; 10/2017            124–10297–10042; 4; 10/2017           177–10001–10466; 1; 10/2017
124–10293–10264; 1; 10/2017             124–10297–10044; 2; 10/2017           177–10001–10473; 7; 10/2017
124–10293–10265; 3; 10/2017             124–10297–10054; 4; 10/2017           177–10002–10022; 3; 10/2017
124–10293–10267; 3; 10/2017             124–10297–10059; 3; 10/2017           177–10002–10025; 1; 10/2017
124–10293–10268; 1; 10/2017             124–10297–10065; 3; 10/2017           177–10002–10069; 1; 10/2017
124–10293–10269; 1; 10/2017             124–10297–10077; 2; 10/2017           177–10002–10070; 1; 10/2017
124–10293–10270; 1; 10/2017             124–10297–10078; 13; 10/2017          177–10002–10072; 1; 10/2017
124–10293–10271; 5; 10/2017             124–10297–10082; 7; 10/2017           State Department Documents: Postponed in
124–10293–10273; 1; 10/2017             124–10297–10086; 4; 10/2017           Part
124–10293–10274; 9; 10/2017             124–10297–10094; 1; 10/2017           119–10003–10059; 1; 10/2017
124–10293–10279; 11; 10/2017            124–10297–10098; 6; 10/2017           119–10003–10076; 3; 10/2017
124–10293–10281; 5; 10/2017             124–10297–10099; 1; 10/2017           119–10003–10077; 3; 10/2017
124–10293–10290; 2; 10/2017             124–10297–10107; 4; 10/2017           119–10003–10230; 1; 10/2017
124–10293–10293; 10; 10/2017            124–10297–10108; 27; 10/2017          119–10017–10228; 5; 10/2017
124–10293–10295; 2; 10/2017             124–10297–10111; 17; 10/2017          119–10021–10413; 10; 10/2017
124–10293–10296; 4; 10/2017             124–10297–10112; 15; 10/2017
124–10293–10297; 7; 10/2017             124–10297–10113; 35; 10/2017          NSA Documents: Postponed in Part
124–10293–10298; 8; 10/2017             124–10297–10114; 2; 10/2017           144–10001–10127; 30; 10/2017
124–10293–10299; 2; 10/2017             124–10297–10119; 8; 10/2017           144–10001–10153; 4; 10/2017
124–10293–10300; 15; 10/2017            124–10297–10120; 17; 10/2017          144–10001–10158; 19; 10/2017
124–10293–10301; 3; 10/2017             124–10297–10124; 5; 10/2017           144–10001–10159; 15; 10/2017
124–10293–10302; 3; 10/2017             124–10297–10126; 7; 10/2017           144–10001–10164; 11; 10/2017
124–10293–10303; 212; 10/2017           124–10297–10128; 26; 10/2017          144–10001–10169; 11; 10/2017
124–10293–10304; 4; 10/2017             124–10297–10129; 13; 10/2017          144–10001–10170; 7; 10/2017
124–10293–10305; 5; 10/2017             124–10297–10130; 8; 10/2017           144–10001–10172; 12; 10/2017
124–10293–10307; 2; 10/2017             124–10297–10132; 69; 10/2017          144–10001–10173; 2; 10/2017
124–10293–10310; 7; 10/2017             124–10297–10133; 31; 10/2017          144–10001–10174; 19; 10/2017
124–10293–10311; 4; 10/2017             124–10297–10134; 8; 10/2017           144–10001–10193; 6; 10/2017
124–10293–10312; 18; 10/2017            124–10302–10000; 7; 10/2017           144–10001–10200; 7; 10/2017
124–10293–10313; 2; 10/2017             124–10302–10005; 8; 10/2017           144–10001–10202; 41; 10/2017
124–10293–10314; 3; 10/2017             124–10302–10006; 1; 10/2017           144–10001–10203; 9; 10/2017
124–10293–10315; 7; 10/2017             124–10302–10007; 5; 10/2017           144–10001–10206; 14; 10/2017
124–10293–10316; 7; 10/2017             124–10302–10009; 2; 10/2017           144–10001–10210; 6; 10/2017
124–10293–10318; 2; 10/2017             124–10302–10011; 2; 10/2017           144–10001–10263; 1; 10/2017
124–10293–10323; 2; 10/2017             124–10302–10134; 3; 10/2017           144–10001–10264; 140; 10/2017
124–10293–10324; 1; 10/2017             124–10302–10137; 6; 10/2017           144–10001–10269; 9; 10/2017
124–10293–10325; 2; 10/2017             124–10302–10143; 3; 10/2017
124–10293–10328; 11; 10/2017            124–10302–10145; 16; 10/2017
                                                                              Notice of Additional Releases
124–10293–10329; 6; 10/2017             124–10302–10160; 3; 10/2017             After consultation with appropriate
124–10293–10330; 7; 10/2017             124–10302–10172; 3; 10/2017           Federal agencies, the Review Board
124–10293–10331; 4; 10/2017             124–10302–10210; 27; 10/2017          announces that the following Federal
124–10293–10332; 7; 10/2017             124–10302–10212; 1; 10/2017           Bureau of Investigation records are now
124–10293–10333; 3; 10/2017             124–10302–10231; 3; 10/2017
124–10293–10334; 2; 10/2017             124–10302–10240; 7; 10/2017
                                                                              being opened in full:
124–10293–10335; 5; 10/2017             124–10302–10241; 14; 10/2017          124–00219–10207; 124–10197–10002; 124–
124–10293–10336; 10; 10/2017            124–10302–10243; 1; 10/2017           10197–10004; 124–10197–10005; 124–
124–10293–10337; 8; 10/2017             124–10302–10244; 77; 10/2017          10197–10006; 124–10197–10007; 124–
124–10293–10338; 26; 10/2017            124–10302–10247; 9; 10/2017           10197–10011; 124–10197–10012; 124–
124–10293–10339; 39; 10/2017            124–10302–10253; 1; 10/2017           10197–10013; 124–10197–10014; 124–
124–10293–10341; 23; 10/2017            124–10302–10258; 1; 10/2017           10197–10015; 124–10197–10018; 124–
6714                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

10197–10020; 124–10197–10021; 124–      10204–10376; 124–10204–10377; 124–    10211–10432; 124–10211–10433; 124–
10197–10022; 124–10197–10023; 124–      10204–10378; 124–10204–10379; 124–    10211–10436; 124–10211–10437; 124–
10197–10024; 124–10197–10025; 124–      10204–10380; 124–10204–10382; 124–    10211–10438; 124–10211–10439; 124–
10197–10027; 124–10197–10028; 124–      10204–10383; 124–10204–10384; 124–    10211–10440; 124–10211–10452; 124–
10197–10029; 124–10197–10031; 124–      10204–10385; 124–10204–10387; 124–    10211–10453; 124–10212–10058; 124–
10197–10032; 124–10197–10033; 124–      10204–10388; 124–10204–10388; 124–    10212–10392; 124–10212–10394; 124–
10197–10034; 124–10197–10035; 124–      10204–10389; 124–10204–10392; 124–    10212–10395; 124–10212–10396; 124–
10197–10036; 124–10197–10037; 124–      10204–10393; 124–10204–10394; 124–    10212–10398; 124–10212–10399; 124–
10197–10038; 124–10197–10039; 124–      10204–10395; 124–10204–10397; 124–    10212–10400; 124–10212–10401; 124–
10197–10040; 124–10197–10041; 124–      10204–10398; 124–10204–10399; 124–    10212–10404; 124–10212–10406; 124–
10197–10043; 124–10197–10045; 124–      10204–10400; 124–10204–10401; 124–    10212–10407; 124–10212–10408; 124–
10197–10047; 124–10197–10048; 124–      10204–10402; 124–10204–10405; 124–    10212–10409; 124–10212–10411; 124–
10197–10049; 124–10197–10050; 124–      10204–10406; 124–10204–10407; 124–    10212–10412; 124–10212–10413; 124–
10197–10051; 124–10197–10052; 124–      10204–10408; 124–10204–10409; 124–    10212–10414; 124–10212–10415; 124–
10197–10053; 124–10197–10055; 124–      10204–10410; 124–10204–10413; 124–    10212–10416; 124–10212–10417; 124–
10197–10057; 124–10197–10059; 124–      10204–10414; 124–10204–10416; 124–    10212–10418; 124–10212–10419; 124–
10197–10061; 124–10197–10062; 124–      10204–10418; 124–10204–10419; 124–    10212–10421; 124–10212–10423; 124–
10197–10063; 124–10197–10064; 124–      10204–10420; 124–10204–10422; 124–    10212–10424; 124–10212–10427; 124–
10197–10065; 124–10197–10067; 124–      10204–10423; 124–10204–10424; 124–    10212–10435; 124–10213–10233; 124–
10197–10068; 124–10197–10069; 124–      10204–10427; 124–10204–10428; 124–    10213–10235; 124–10213–10236; 124–
10197–10071; 124–10197–10072; 124–      10204–10430; 124–10204–10435; 124–    10213–10243; 124–10213–10246; 124–
10197–10073; 124–10197–10075; 124–      10205–10451; 124–10206–10405; 124–    10213–10250; 124–10213–10252; 124–
10197–10076; 124–10197–10078; 124–      10206–10409; 124–10206–10410; 124–    10213–10254; 124–10213–10255; 124–
10197–10079; 124–10197–10080; 124–      10206–10411; 124–10206–10412; 124–    10213–10259; 124–10213–10260; 124–
10197–10081; 124–10197–10083; 124–      10206–10417; 124–10206–10418; 124–    10213–10262; 124–10213–10263; 124–
10197–10084; 124–10197–10085; 124–      10206–10423; 124–10206–10424; 124–    10213–10264; 124–10213–10265; 124–
10197–10087; 124–10197–10089; 124–      10206–10425; 124–10206–10426; 124–    10213–10266; 124–10213–10267; 124–
10197–10090; 124–10197–10091; 124–      10206–10427; 124–10206–10428; 124–    10213–10268; 124–10213–10269; 124–
10197–10093; 124–10197–10094; 124–      10206–10429; 124–10206–10430; 124–    10213–10270; 124–10213–10271; 124–
10197–10095; 124–10197–10096; 124–      10206–10437; 124–10206–10438; 124–    10213–10272; 124–10213–10273; 124–
10197–10097; 124–10197–10277; 124–      10206–10439; 124–10206–10440; 124–    10213–10274; 124–10213–10275; 124–
10197–10361; 124–10197–10363; 124–      10206–10441; 124–10206–10442; 124–    10213–10276; 124–10213–10277; 124–
10200–10427; 124–10200–10429; 124–      10206–10454; 124–10206–10456; 124–    10213–10281; 124–10213–10282; 124–
10200–10430; 124–10200–10432; 124–      10206–10457; 124–10207–10498; 124–    10213–10430; 124–10213–10433; 124–
10200–10433; 124–10200–10434; 124–      10207–10499; 124–10208–10264; 124–    10213–10434; 124–10213–10437; 124–
10200–10437; 124–10200–10438; 124–      10208–10265; 124–10208–10267; 124–    10213–10441; 124–10213–10442; 124–
10200–10440; 124–10200–10441; 124–      10208–10268; 124–10208–10269; 124–    10213–10446; 124–10213–10448; 124–
10200–10448; 124–10200–10451; 124–      10208–10270; 124–10208–10271; 124–    10213–10449; 124–10213–10450; 124–
10200–10452; 124–10200–10454; 124–      10208–10272; 124–10208–10273; 124–    10213–10451; 124–10213–10452; 124–
10200–10458; 124–10200–10459; 124–      10208–10274; 124–10208–10275; 124–    10213–10453; 124–10213–10454; 124–
10200–10460; 124–10200–10461; 124–      10208–10276; 124–10208–10277; 124–    10213–10455; 124–10213–10456; 124–
10200–10462; 124–10200–10464; 124–      10208–10278; 124–10208–10279; 124–    10213–10457; 124–10213–10460; 124–
10200–10465; 124–10200–10466; 124–      10208–10280; 124–10208–10281; 124–    10213–10463; 124–10213–10466; 124–
10200–10468; 124–10200–10469; 124–      10208–10282; 124–10208–10283; 124–    10213–10467; 124–10213–10468; 124–
10200–10479; 124–10200–10481; 124–      10208–10284; 124–10208–10285; 124–    10213–10469; 124–10213–10473; 124–
10200–10481; 124–10200–10482; 124–      10208–10286; 124–10208–10287; 124–    10213–10474; 124–10213–10478; 124–
10201–10408; 124–10201–10409; 124–      10208–10288; 124–10208–10289; 124–    10213–10480; 124–10213–10489; 124–
10201–10410; 124–10201–10411; 124–      10208–10290; 124–10208–10292; 124–    10213–10490; 124–10213–10491; 124–
10201–10412; 124–10201–10413; 124–      10208–10293; 124–10208–10294; 124–    10213–10493; 124–10213–10495; 124–
10201–10414; 124–10203–10298; 124–      10208–10295; 124–10208–10296; 124–    10213–10496; 124–10213–10499; 124–
10203–10299; 124–10203–10300; 124–      10208–10297; 124–10208–10298; 124–    10214–10027; 124–10214–10028; 124–
10203–10301; 124–10203–10302; 124–      10208–10299; 124–10208–10300; 124–    10214–10028; 124–10214–10030; 124–
10204–10234; 124–10204–10235; 124–      10208–10301; 124–10208–10402; 124–    10214–10032; 124–10214–10033; 124–
10204–10236; 124–10204–10237; 124–      10208–10416; 124–10208–10417; 124–    10214–10034; 124–10214–10421; 124–
10204–10238; 124–10204–10239; 124–      10208–10420; 124–10209–10467; 124–    10214–10422; 124–10214–10423; 124–
10204–10240; 124–10204–10241; 124–      10209–10468; 124–10209–10470; 124–    10214–10463; 124–10214–10466; 124–
10204–10242; 124–10204–10243; 124–      10209–10471; 124–10209–10472; 124–    10214–10468; 124–10214–10470; 124–
10204–10244; 124–10204–10245; 124–      10209–10473; 124–10209–10474; 124–    10214–10473; 124–10214–10475; 124–
10204–10246; 124–10204–10248; 124–      10211–10250; 124–10211–10281; 124–    10214–10476; 124–10214–10477; 124–
10204–10251; 124–10204–10252; 124–      10211–10282; 124–10211–10283; 124–    10214–10478; 124–10214–10481; 124–
10204–10253; 124–10204–10254; 124–      10211–10284; 124–10211–10285; 124–    10215–10004; 124–10215–10005; 124–
10204–10255; 124–10204–10256; 124–      10211–10286; 124–10211–10287; 124–    10215–10006; 124–10215–10007; 124–
10204–10338; 124–10204–10342; 124–      10211–10288; 124–10211–10289; 124–    10215–10223; 124–10215–10224; 124–
10204–10343; 124–10204–10344; 124–      10211–10291; 124–10211–10292; 124–    10215–10226; 124–10215–10231; 124–
10204–10345; 124–10204–10346; 124–      10211–10293; 124–10211–10294; 124–    10215–10232; 124–10215–10233; 124–
10204–10347; 124–10204–10348; 124–      10211–10295; 124–10211–10296; 124–    10215–10234; 124–10215–10237; 124–
10204–10350; 124–10204–10351; 124–      10211–10297; 124–10211–10298; 124–    10215–10239; 124–10215–10240; 124–
10204–10352; 124–10204–10354; 124–      10211–10299; 124–10211–10301; 124–    10215–10241; 124–10215–10242; 124–
10204–10355; 124–10204–10356; 124–      10211–10302; 124–10211–10303; 124–    10215–10243; 124–10215–10244; 124–
10204–10357; 124–10204–10358; 124–      10211–10304; 124–10211–10306; 124–    10215–10246; 124–10215–10247; 124–
10204–10359; 124–10204–10360; 124–      10211–10307; 124–10211–10310; 124–    10215–10248; 124–10215–10249; 124–
10204–10361; 124–10204–10364; 124–      10211–10311; 124–10211–10420; 124–    10215–10250; 124–10215–10252; 124–
10204–10365; 124–10204–10367; 124–      10211–10421; 124–10211–10422; 124–    10215–10253; 124–10215–10255; 124–
10204–10369; 124–10204–10371; 124–      10211–10424; 124–10211–10425; 124–    10215–10256; 124–10215–10257; 124–
10204–10372; 124–10204–10373; 124–      10211–10426; 124–10211–10427; 124–    10215–10258; 124–10215–10259; 124–
10204–10374; 124–10204–10375; 124–      10211–10428; 124–10211–10429; 124–    10215–10261; 124–10215–10262; 124–
                      Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                    6715

10215–10263; 124–10215–10267; 124–      10217–10217; 124–10217–10218; 124–    10219–10230; 124–10219–10231; 124–
10215–10268; 124–10215–10269; 124–      10217–10219; 124–10217–10220; 124–    10219–10232; 124–10219–10233; 124–
10215–10270; 124–10215–10271; 124–      10217–10221; 124–10217–10222; 124–    10219–10235; 124–10219–10236; 124–
10215–10272; 124–10215–10273; 124–      10217–10223; 124–10217–10224; 124–    10219–10238; 124–10219–10239; 124–
10215–10274; 124–10215–10275; 124–      10217–10225; 124–10217–10226; 124–    10219–10246; 124–10219–10247; 124–
10215–10277; 124–10215–10278; 124–      10217–10227; 124–10217–10228; 124–    10219–10248; 124–10219–10249; 124–
10215–10279; 124–10215–10280; 124–      10217–10229; 124–10217–10231; 124–    10219–10256; 124–10219–10258; 124–
10215–10281; 124–10215–10283; 124–      10217–10233; 124–10217–10234; 124–    10220–10069; 124–10220–10071; 124–
10215–10286; 124–10215–10290; 124–      10217–10235; 124–10217–10236; 124–    10220–10072; 124–10220–10073; 124–
10215–10291; 124–10215–10293; 124–      10217–10237; 124–10217–10238; 124–    10220–10074; 124–10220–10076; 124–
10215–10294; 124–10215–10295; 124–      10217–10239; 124–10217–10240; 124–    10220–10077; 124–10220–10078; 124–
10215–10296; 124–10215–10302; 124–      10217–10241; 124–10217–10242; 124–    10220–10080; 124–10220–10081; 124–
10215–10303; 124–10215–10304; 124–      10217–10243; 124–10217–10244; 124–    10220–10082; 124–10220–10083; 124–
10215–10305; 124–10215–10306; 124–      10217–10245; 124–10217–10246; 124–    10220–10084; 124–10220–10085; 124–
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10215–10310; 124–10215–10314; 124–      10217–10249; 124–10217–10250; 124–    10220–10089; 124–10220–10090; 124–
10215–10315; 124–10215–10317; 124–      10217–10251; 124–10217–10252; 124–    10220–10091; 124–10220–10092; 124–
10215–10318; 124–10215–10319; 124–      10217–10253; 124–10217–10253; 124–    10220–10093; 124–10220–10095; 124–
10215–10320; 124–10215–10355; 124–      10217–10254; 124–10217–10255; 124–    10220–10096; 124–10220–10097; 124–
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10217–10184; 124–10217–10186; 124–      10217–10348; 124–10217–10349; 124–    10220–10244; 124–10220–10246; 124–
10217–10187; 124–10217–10188; 124–      10217–10350; 124–10217–10351; 124–    10220–10249; 124–10220–10251; 124–
10217–10189; 124–10217–10191; 124–      10217–10352; 124–10217–10353; 124–    10220–10252; 124–10220–10253; 124–
10217–10192; 124–10217–10193; 124–      10217–10354; 124–10217–10355; 124–    10220–10254; 124–10220–10255; 124–
10217–10194; 124–10217–10196; 124–      10217–10356; 124–10217–10357; 124–    10220–10256; 124–10220–10257; 124–
10217–10197; 124–10217–10198; 124–      10218–10014; 124–10218–10015; 124–    10220–10258; 124–10220–10259; 124–
10217–10199; 124–10217–10200; 124–      10218–10016; 124–10219–10199; 124–    10220–10260; 124–10220–10261; 124–
10217–10201; 124–10217–10202; 124–      10219–10200; 124–10219–10201; 124–    10220–10262; 124–10220–10263; 124–
10217–10203; 124–10217–10204; 124–      10219–10202; 124–10219–10206; 124–    10220–10264; 124–10220–10265; 124–
10217–10205; 124–10217–10206; 124–      10219–10208; 124–10219–10209; 124–    10220–10266; 124–10220–10267; 124–
10217–10207; 124–10217–10208; 124–      10219–10210; 124–10219–10211; 124–    10220–10268; 124–10220–10269; 124–
10217–10209; 124–10217–10210; 124–      10219–10212; 124–10219–10215; 124–    10220–10270; 124–10220–10271; 124–
10217–10211; 124–10217–10212; 124–      10219–10217; 124–10219–10219; 124–    10220–10272; 124–10220–10273; 124–
10217–10213; 124–10217–10214; 124–      10219–10221; 124–10219–10223; 124–    10220–10274; 124–10220–10275; 124–
10217–10215; 124–10217–10216; 124–      10219–10224; 124–10219–10225; 124–    10220–10276; 124–10220–10277; 124–
6716                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

10220–10278; 124–10220–10279; 124–      10223–10369; 124–10223–10370; 124–    10278–10219; 124–10278–10220; 124–
10220–10280; 124–10220–10281; 124–      10223–10371; 124–10223–10372; 124–    10278–10223; 124–10278–10224; 124–
10220–10282; 124–10220–10283; 124–      10223–10376; 124–10223–10377; 124–    10278–10225; 124–10278–10226; 124–
10220–10284; 124–10220–10285; 124–      10223–10378; 124–10223–10379; 124–    10278–10227; 124–10278–10228; 124–
10220–10286; 124–10220–10287; 124–      10223–10380; 124–10223–10381; 124–    10278–10230; 124–10278–10232; 124–
10220–10288; 124–10220–10289; 124–      10223–10383; 124–10223–10384; 124–    10278–10233; 124–10278–10234; 124–
10220–10290; 124–10220–10292; 124–      10223–10385; 124–10223–10387; 124–    10278–10235; 124–10278–10236; 124–
10220–10293; 124–10220–10294; 124–      10223–10388; 124–10223–10389; 124–    10278–10237; 124–10278–10237; 124–
10220–10295; 124–10220–10298; 124–      10223–10390; 124–10223–10391; 124–    10278–10238; 124–10278–10239; 124–
10220–10300; 124–10220–10302; 124–      10223–10392; 124–10223–10393; 124–    10278–10239; 124–10278–10240; 124–
10220–10435; 124–10220–10436; 124–      10223–10394; 124–10223–10395; 124–    10278–10240; 124–10278–10241; 124–
10220–10437; 124–10220–10438; 124–      10223–10396; 124–10223–10398; 124–    10278–10241; 124–10278–10242; 124–
10220–10442; 124–10220–10443; 124–      10223–10399; 124–10223–10400; 124–    10278–10243; 124–10278–10244; 124–
10220–10479; 124–10220–10487; 124–      10223–10402; 124–10223–10403; 124–    10278–10245; 124–10278–10246; 124–
10220–10488; 124–10220–10489; 124–      10223–10405; 124–10223–10408; 124–    10278–10247; 124–10278–10248; 124–
10220–10490; 124–10220–10494; 124–      10223–10409; 124–10223–10410; 124–    10278–10249; 124–10278–10250; 124–
10220–10496; 124–10220–10498; 124–      10223–10411; 124–10223–10413; 124–    10278–10251; 124–10278–10252; 124–
10220–10499; 124–10221–10067; 124–      10223–10415; 124–10223–10416; 124–    10278–10254; 124–10278–10255; 124–
10221–10068; 124–10221–10069; 124–      10223–10428; 124–10223–10432; 124–    10278–10256; 124–10278–10257; 124–
10221–10070; 124–10221–10073; 124–      10223–10434; 124–10223–10435; 124–    10278–10258; 124–10278–10260; 124–
10221–10074; 124–10221–10075; 124–      10223–10437; 124–10223–10438; 124–    10278–10261; 124–10278–10262; 124–
10221–10077; 124–10221–10079; 124–      10223–10440; 124–10223–10441; 124–    10278–10265; 124–10278–10266; 124–
10221–10080; 124–10221–10081; 124–      10223–10442; 124–10223–10450; 124–    10278–10267; 124–10278–10268; 124–
10221–10082; 124–10221–10084; 124–      10223–10452; 124–10223–10453; 124–    10278–10269; 124–10278–10270; 124–
10222–10027; 124–10222–10028; 124–      10223–10454; 124–10223–10455; 124–    10278–10272; 124–10278–10273; 124–
10222–10029; 124–10222–10030; 124–      10223–10457; 124–10223–10462; 124–    10278–10274; 124–10278–10275; 124–
10222–10031; 124–10222–10032; 124–      10223–10463; 124–10223–10464; 124–    10278–10277; 124–10278–10279; 124–
10222–10033; 124–10222–10034; 124–      10223–10465; 124–10223–10467; 124–    10278–10280; 124–10278–10281; 124–
10222–10035; 124–10222–10036; 124–      10223–10468; 124–10223–10470; 124–    10278–10283; 124–10278–10286; 124–
10222–10037; 124–10222–10038; 124–      10224–10025; 124–10224–10026; 124–    10278–10287; 124–10278–10307; 124–
10222–10039; 124–10222–10040; 124–      10224–10028; 124–10224–10033; 124–    10278–10308; 124–10278–10309; 124–
10222–10042; 124–10222–10043; 124–      10224–10034; 124–10226–10138; 124–    10278–10310; 124–10278–10311; 124–
10222–10044; 124–10222–10045; 124–      10226–10139; 124–10226–10140; 124–    10278–10313; 124–10278–10314; 124–
10222–10047; 124–10222–10049; 124–      10226–10142; 124–10226–10143; 124–    10278–10315; 124–10278–10316; 124–
10222–10050; 124–10222–10051; 124–      10226–10145; 124–10226–10146; 124–    10278–10317; 124–10278–10318; 124–
10222–10054; 124–10222–10056; 124–      10226–10147; 124–10226–10150; 124–    10278–10320; 124–10278–10323; 124–
10222–10058; 124–10222–10083; 124–      10226–10154; 124–10226–10155; 124–    10278–10325; 124–10278–10327; 124–
10222–10084; 124–10222–10085; 124–      10226–10158; 124–10226–10160; 124–    10278–10329; 124–10278–10330; 124–
10222–10086; 124–10222–10088; 124–      10226–10162; 124–10226–10163; 124–    10278–10332; 124–10278–10333; 124–
10222–10089; 124–10222–10090; 124–      10226–10168; 124–10226–10170; 124–    10278–10334; 124–10278–10335; 124–
10222–10091; 124–10222–10092; 124–      10226–10172; 124–10226–10177; 124–    10278–10336; 124–10278–10337; 124–
10222–10094; 124–10222–10095; 124–      10226–10178; 124–10226–10193; 124–    10278–10338; 124–10278–10339; 124–
10222–10096; 124–10222–10097; 124–      10226–10194; 124–10226–10195; 124–    10278–10341; 124–10278–10342; 124–
10222–10098; 124–10222–10099; 124–      10226–10196; 124–10226–10197; 124–    10278–10343; 124–10278–10344; 124–
10222–10100; 124–10222–10101; 124–      10226–10198; 124–10226–10199; 124–    10278–10345; 124–10278–10346; 124–
10222–10102; 124–10222–10103; 124–      10226–10200; 124–10226–10201; 124–    10278–10348; 124–10278–10349; 124–
10222–10104; 124–10222–10105; 124–      10226–10203; 124–10226–10204; 124–    10278–10350; 124–10278–10351; 124–
10222–10106; 124–10222–10107; 124–      10226–10205; 124–10226–10207; 124–    10278–10352; 124–10278–10353; 124–
10222–10109; 124–10222–10110; 124–      10226–10212; 124–10226–10213; 124–    10278–10354; 124–10278–10355; 124–
10222–10111; 124–10222–10113; 124–      10226–10214; 124–10226–10215; 124–    10278–10357; 124–10278–10358; 124–
10222–10115; 124–10222–10118; 124–      10226–10217; 124–10226–10218; 124–    10278–10359; 124–10278–10360; 124–
10222–10119; 124–10222–10120; 124–      10226–10219; 124–10226–10220; 124–    10278–10361; 124–10278–10362; 124–
10222–10121; 124–10222–10122; 124–      10226–10221; 124–10226–10222; 124–    10278–10363; 124–10278–10364; 124–
10222–10124; 124–10222–10125; 124–      10226–10256; 124–10226–10260; 124–    10278–10367; 124–10278–10368; 124–
10222–10126; 124–10222–10127; 124–      10226–10261; 124–10226–10262; 124–    10278–10369; 124–10278–10371; 124–
10222–10477; 124–10222–10478; 124–      10226–10263; 124–10226–10264; 124–    10278–10372; 124–10278–10374; 124–
10222–10479; 124–10222–10483; 124–      10227–10407; 124–10236–10457; 124–    10278–10374; 124–10278–10375; 124–
10222–10486; 124–10222–10487; 124–      10236–10460; 124–10277–10287; 124–    10278–10378; 124–10278–10379; 124–
10222–10488; 124–10222–10489; 124–      10277–10290; 124–10277–10292; 124–    10278–10380; 124–10278–10381; 124–
10222–10490; 124–10222–10492; 124–      10277–10295; 124–10277–10296; 124–    10279–10140; 124–10279–10141; 124–
10223–10311; 124–10223–10312; 124–      10277–10301; 124–10277–10306; 124–    10279–10142; 124–10279–10146; 124–
10223–10313; 124–10223–10314; 124–      10277–10307; 124–10278–10071; 124–    10279–10147; 124–10279–10148; 124–
10223–10315; 124–10223–10316; 124–      10278–10075; 124–10278–10076; 124–    10279–10149; 124–10279–10186; 124–
10223–10317; 124–10223–10318; 124–      10278–10078; 124–10278–10079; 124–    10279–10187; 124–10279–10188; 124–
10223–10320; 124–10223–10321; 124–      10278–10080; 124–10278–10083; 124–    10279–10189; 124–10279–10190; 124–
10223–10322; 124–10223–10324; 124–      10278–10084; 124–10278–10085; 124–    10279–10191; 124–10280–10120; 124–
10223–10325; 124–10223–10326; 124–      10278–10088; 124–10278–10090; 124–    10280–10122; 124–10280–10125; 124–
10223–10328; 124–10223–10329; 124–      10278–10092; 124–10278–10093; 124–    10280–10126; 124–10280–10128; 124–
10223–10332; 124–10223–10333; 124–      10278–10095; 124–10278–10098; 124–    10280–10129; 124–10280–10130; 124–
10223–10334; 124–10223–10335; 124–      10278–10100; 124–10278–10101; 124–    10280–10163; 124–10282–10004; 124–
10223–10336; 124–10223–10341; 124–      10278–10108; 124–10278–10110; 124–    10282–10006; 124–10282–10012; 124–
10223–10343; 124–10223–10346; 124–      10278–10111; 124–10278–10112; 124–    10282–10017; 124–10282–10018; 124–
10223–10347; 124–10223–10357; 124–      10278–10112; 124–10278–10115; 124–    10282–10020; 124–10282–10022; 124–
10223–10358; 124–10223–10359; 124–      10278–10119; 124–10278–10121; 124–    10282–10023; 124–10282–10025; 124–
10223–10360; 124–10223–10361; 124–      10278–10125; 124–10278–10127; 124–    10282–10026; 124–10282–10028; 124–
10223–10364; 124–10223–10368; 124–      10278–10133; 124–10278–10134; 124–    10282–10034; 124–10282–10039; 124–
                      Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                    6717

10282–10053; 124–10282–10057; 124–      10284–10232; 124–10284–10233; 124–    10286–10097; 124–10286–10099; 124–
10282–10062; 124–10282–10063; 124–      10284–10234; 124–10284–10235; 124–    10286–10292; 124–10286–10294; 124–
10282–10065; 124–10282–10069; 124–      10284–10237; 124–10284–10238; 124–    10286–10297; 124–10286–10300; 124–
10282–10070; 124–10282–10071; 124–      10284–10239; 124–10284–10240; 124–    10286–10302; 124–10286–10303; 124–
10282–10073; 124–10282–10077; 124–      10284–10242; 124–10284–10243; 124–    10286–10305; 124–10286–10306; 124–
10282–10079; 124–10282–10079; 124–      10284–10244; 124–10284–10245; 124–    10286–10307; 124–10286–10309; 124–
10282–10081; 124–10282–10082; 124–      10284–10247; 124–10284–10248; 124–    10286–10310; 124–10286–10311; 124–
10282–10087; 124–10282–10152; 124–      10284–10249; 124–10284–10250; 124–    10286–10313; 124–10286–10315; 124–
10282–10153; 124–10282–10154; 124–      10284–10251; 124–10284–10252; 124–    10286–10316; 124–10286–10317; 124–
10282–10155; 124–10282–10156; 124–      10284–10255; 124–10284–10256; 124–    10286–10318; 124–10286–10319; 124–
10282–10157; 124–10282–10158; 124–      10284–10257; 124–10284–10258; 124–    10286–10320; 124–10286–10321; 124–
10282–10159; 124–10282–10160; 124–      10284–10259; 124–10284–10260; 124–    10286–10322; 124–10286–10323; 124–
10282–10162; 124–10282–10163; 124–      10284–10261; 124–10284–10262; 124–    10286–10324; 124–10286–10325; 124–
10282–10164; 124–10282–10169; 124–      10284–10263; 124–10284–10264; 124–    10286–10327; 124–10286–10328; 124–
10282–10171; 124–10282–10172; 124–      10284–10266; 124–10284–10271; 124–    10286–10329; 124–10286–10330; 124–
10282–10173; 124–10282–10176; 124–      10284–10272; 124–10284–10273; 124–    10286–10332; 124–10286–10335; 124–
10282–10177; 124–10282–10178; 124–      10284–10275; 124–10284–10277; 124–    10286–10341; 124–10286–10348; 124–
10282–10180; 124–10282–10181; 124–      10284–10278; 124–10284–10279; 124–    10286–10349; 124–10286–10352; 124–
10282–10182; 124–10282–10183; 124–      10284–10281; 124–10284–10282; 124–    10286–10355; 124–10286–10358; 124–
10282–10184; 124–10282–10185; 124–      10284–10390; 124–10284–10395; 124–    10286–10359; 124–10286–10360; 124–
10282–10186; 124–10282–10187; 124–      10284–10396; 124–10284–10398; 124–    10286–10361; 124–10286–10363; 124–
10282–10193; 124–10282–10196; 124–      10284–10399; 124–10284–10405; 124–    10286–10365; 124–10286–10372; 124–
10282–10198; 124–10282–10199; 124–      10284–10408; 124–10284–10409; 124–    10286–10375; 124–10286–10376; 124–
10282–10200; 124–10282–10201; 124–      10284–10410; 124–10284–10411; 124–    10286–10377; 124–10286–10378; 124–
10282–10202; 124–10282–10203; 124–      10284–10414; 124–10284–10416; 124–    10286–10379; 124–10286–10380; 124–
10282–10204; 124–10282–10207; 124–      10284–10417; 124–10284–10418; 124–    10286–10381; 124–10286–10382; 124–
10282–10208; 124–10282–10210; 124–      10284–10419; 124–10284–10420; 124–    10286–10384; 124–10286–10386; 124–
10282–10211; 124–10282–10218; 124–      10284–10421; 124–10284–10422; 124–    10286–10387; 124–10286–10388; 124–
10282–10225; 124–10282–10226; 124–      10284–10423; 124–10284–10424; 124–    10286–10390; 124–10286–10392; 124–
10282–10228; 124–10282–10229; 124–      10284–10425; 124–10284–10426; 124–    10286–10393; 124–10286–10394; 124–
10283–10000; 124–10283–10001; 124–      10284–10429; 124–10284–10430; 124–    10286–10465; 124–10286–10466; 124–
10283–10002; 124–10283–10003; 124–      10284–10432; 124–10284–10433; 124–    10286–10467; 124–10286–10468; 124–
10283–10004; 124–10283–10005; 124–      10284–10435; 124–10284–10436; 124–    10286–10469; 124–10286–10472; 124–
10283–10006; 124–10283–10007; 124–      10284–10437; 124–10284–10438; 124–    10286–10473; 124–10286–10475; 124–
10283–10008; 124–10283–10011; 124–      10284–10440; 124–10284–10444; 124–    10286–10478; 124–10286–10479; 124–
10283–10042; 124–10283–10043; 124–      10284–10446; 124–10284–10448; 124–    10286–10481; 124–10286–10483; 124–
10283–10045; 124–10283–10046; 124–      10284–10450; 124–10284–10452; 124–    10286–10485; 124–10286–10487; 124–
10283–10048; 124–10283–10049; 124–      10284–10453; 124–10284–10455; 124–    10286–10488; 124–10286–10490; 124–
10283–10051; 124–10283–10053; 124–      10284–10456; 124–10284–10458; 124–    10286–10491; 124–10286–10492; 124–
10283–10055; 124–10283–10056; 124–      10284–10459; 124–10285–10081; 124–    10286–10495; 124–10286–10496; 124–
10283–10060; 124–10283–10063; 124–      10285–10082; 124–10285–10083; 124–    10286–10497; 124–10286–10498; 124–
10283–10068; 124–10283–10072; 124–      10285–10084; 124–10285–10085; 124–    10287–10002; 124–10287–10003; 124–
10283–10074; 124–10283–10075; 124–      10285–10086; 124–10285–10087; 124–    10287–10008; 124–10287–10010; 124–
10283–10079; 124–10283–10080; 124–      10285–10088; 124–10285–10089; 124–    10287–10011; 124–10287–10012; 124–
10283–10082; 124–10283–10085; 124–      10285–10090; 124–10285–10091; 124–    10287–10015; 124–10287–10016; 124–
10283–10086; 124–10283–10087; 124–      10285–10148; 124–10285–10149; 124–    10287–10017; 124–10287–10018; 124–
10283–10089; 124–10283–10091; 124–      10285–10150; 124–10285–10151; 124–    10287–10019; 124–10287–10020; 124–
10283–10092; 124–10283–10094; 124–      10285–10152; 124–10285–10160; 124–    10287–10021; 124–10287–10022; 124–
10283–10099; 124–10283–10140; 124–      10285–10161; 124–10285–10162; 124–    10287–10023; 124–10287–10024; 124–
10283–10143; 124–10283–10152; 124–      10285–10163; 124–10285–10164; 124–    10287–10025; 124–10287–10026; 124–
10283–10154; 124–10283–10155; 124–      10285–10165; 124–10285–10166; 124–    10287–10027; 124–10287–10028; 124–
10283–10161; 124–10283–10162; 124–      10285–10167; 124–10285–10168; 124–    10287–10029; 124–10287–10030; 124–
10283–10163; 124–10283–10168; 124–      10285–10169; 124–10285–10170; 124–    10287–10031; 124–10287–10032; 124–
10283–10169; 124–10283–10170; 124–      10285–10171; 124–10285–10172; 124–    10287–10033; 124–10287–10037; 124–
10283–10172; 124–10283–10174; 124–      10285–10173; 124–10285–10175; 124–    10287–10048; 124–10287–10049; 124–
10283–10175; 124–10283–10179; 124–      10285–10177; 124–10285–10179; 124–    10287–10051; 124–10287–10055; 124–
10283–10180; 124–10283–10183; 124–      10285–10180; 124–10285–10323; 124–    10287–10150; 124–10287–10152; 124–
10283–10184; 124–10283–10185; 124–      10285–10466; 124–10286–10000; 124–    10287–10154; 124–10287–10156; 124–
10283–10186; 124–10283–10187; 124–      10286–10001; 124–10286–10003; 124–    10287–10157; 124–10287–10163; 124–
10283–10189; 124–10283–10191; 124–      10286–10006; 124–10286–10007; 124–    10287–10165; 124–10287–10166; 124–
10283–10195; 124–10283–10198; 124–      10286–10010; 124–10286–10012; 124–    10287–10168; 124–10287–10170; 124–
10283–10201; 124–10283–10209; 124–      10286–10013; 124–10286–10014; 124–    10287–10172; 124–10287–10193; 124–
10283–10211; 124–10283–10212; 124–      10286–10016; 124–10286–10017; 124–    10287–10194; 124–10287–10199; 124–
10283–10216; 124–10283–10217; 124–      10286–10019; 124–10286–10020; 124–    10287–10200; 124–10287–10201; 124–
10284–10017; 124–10284–10018; 124–      10286–10021; 124–10286–10024; 124–    10287–10203; 124–10287–10211; 124–
10284–10024; 124–10284–10025; 124–      10286–10026; 124–10286–10028; 124–    10287–10214; 124–10287–10216; 124–
10284–10026; 124–10284–10027; 124–      10286–10034; 124–10286–10035; 124–    10287–10217; 124–10287–10217; 124–
10284–10034; 124–10284–10035; 124–      10286–10036; 124–10286–10037; 124–    10287–10220; 124–10287–10222; 124–
10284–10036; 124–10284–10038; 124–      10286–10038; 124–10286–10041; 124–    10287–10224; 124–10287–10225; 124–
10284–10039; 124–10284–10212; 124–      10286–10073; 124–10286–10074; 124–    10287–10226; 124–10287–10227; 124–
10284–10214; 124–10284–10216; 124–      10286–10076; 124–10286–10079; 124–    10287–10229; 124–10287–10230; 124–
10284–10218; 124–10284–10219; 124–      10286–10080; 124–10286–10081; 124–    10287–10231; 124–10287–10233; 124–
10284–10221; 124–10284–10222; 124–      10286–10086; 124–10286–10088; 124–    10287–10235; 124–10287–10236; 124–
10284–10223; 124–10284–10224; 124–      10286–10089; 124–10286–10090; 124–    10287–10238; 124–10287–10244; 124–
10284–10226; 124–10284–10228; 124–      10286–10091; 124–10286–10093; 124–    10287–10339; 124–10287–10344; 124–
10284–10230; 124–10284–10231; 124–      10286–10094; 124–10286–10096; 124–    10287–10345; 124–10287–10346; 124–
6718                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

10287–10349; 124–10287–10351; 124–      10290–10028; 124–10290–10033; 124–    10293–10282; 124–10293–10283; 124–
10287–10352; 124–10287–10355; 124–      10290–10034; 124–10290–10035; 124–    10293–10285; 124–10293–10286; 124–
10287–10362; 124–10287–10363; 124–      10290–10144; 124–10290–10145; 124–    10293–10288; 124–10293–10291; 124–
10287–10364; 124–10287–10366; 124–      10290–10163; 124–10290–10167; 124–    10293–10292; 124–10293–10294; 124–
10287–10367; 124–10287–10369; 124–      10290–10169; 124–10290–10170; 124–    10293–10306; 124–10293–10308; 124–
10287–10370; 124–10287–10371; 124–      10290–10170; 124–10290–10171; 124–    10293–10309; 124–10293–10317; 124–
10287–10372; 124–10287–10373; 124–      10290–10172; 124–10290–10173; 124–    10293–10319; 124–10293–10320; 124–
10287–10374; 124–10287–10376; 124–      10290–10348; 124–10290–10352; 124–    10293–10322; 124–10293–10326; 124–
10287–10381; 124–10287–10382; 124–      10290–10353; 124–10290–10354; 124–    10293–10327; 124–10293–10344; 124–
10287–10384; 124–10287–10385; 124–      10290–10355; 124–10290–10358; 124–    10294–10143; 124–10294–10144; 124–
10287–10386; 124–10287–10388; 124–      10290–10360; 124–10290–10362; 124–    10294–10145; 124–10294–10146; 124–
10287–10389; 124–10287–10390; 124–      10290–10363; 124–10290–10364; 124–    10294–10147; 124–10294–10148; 124–
10287–10397; 124–10288–10248; 124–      10290–10369; 124–10290–10370; 124–    10294–10149; 124–10294–10150; 124–
10288–10424; 124–10288–10430; 124–      10290–10371; 124–10290–10372; 124–    10294–10153; 124–10294–10155; 124–
10288–10434; 124–10288–10442; 124–      10290–10373; 124–10290–10376; 124–    10294–10156; 124–10294–10157; 124–
10288–10446; 124–10288–10447; 124–      10290–10378; 124–10290–10380; 124–    10294–10158; 124–10294–10159; 124–
10288–10453; 124–10288–10455; 124–      10290–10383; 124–10290–10385; 124–    10294–10160; 124–10294–10161; 124–
10288–10457; 124–10288–10460; 124–      10290–10386; 124–10290–10387; 124–    10294–10162; 124–10294–10163; 124–
10288–10461; 124–10288–10462; 124–      10290–10389; 124–10290–10390; 124–    10294–10164; 124–10294–10165; 124–
10288–10466; 124–10288–10467; 124–      10290–10392; 124–10290–10395; 124–    10294–10166; 124–10294–10167; 124–
10288–10472; 124–10288–10474; 124–      10290–10400; 124–10290–10407; 124–    10294–10168; 124–10294–10169; 124–
10288–10476; 124–10288–10478; 124–      10290–10410; 124–10290–10438; 124–    10294–10170; 124–10294–10171; 124–
10288–10482; 124–10288–10485; 124–      10290–10439; 124–10290–10447; 124–    10294–10172; 124–10294–10173; 124–
10288–10486; 124–10288–10487; 124–      10290–10448; 124–10290–10449; 124–    10294–10174; 124–10294–10175; 124–
10288–10488; 124–10288–10489; 124–      10290–10450; 124–10290–10451; 124–    10294–10176; 124–10294–10177; 124–
10288–10492; 124–10288–10497; 124–      10290–10452; 124–10290–10453; 124–    10294–10178; 124–10294–10179; 124–
10288–10499; 124–10289–10184; 124–      10290–10455; 124–10290–10461; 124–    10294–10180; 124–10294–10181; 124–
10289–10189; 124–10289–10199; 124–      10290–10462; 124–10290–10465; 124–    10294–10182; 124–10294–10183; 124–
10289–10199; 124–10289–10203; 124–      10290–10466; 124–10290–10467; 124–    10294–10184; 124–10294–10185; 124–
10289–10204; 124–10289–10207; 124–      10290–10468; 124–10290–10471; 124–    10294–10187; 124–10294–10246; 124–
10289–10208; 124–10289–10213; 124–      10290–10472; 124–10290–10473; 124–    10295–10026; 124–10296–10015; 124–
10289–10215; 124–10289–10217; 124–      10290–10480; 124–10290–10481; 124–    10296–10016; 124–10296–10017; 124–
10289–10218; 124–10289–10219; 124–      10290–10486; 124–10291–10201; 124–    10296–10018; 124–10296–10019; 124–
10289–10221; 124–10289–10227; 124–      10291–10262; 124–10291–10269; 124–    10296–10020; 124–10296–10021; 124–
10289–10232; 124–10289–10234; 124–      10291–10270; 124–10291–10271; 124–    10296–10022; 124–10296–10023; 124–
10289–10239; 124–10289–10242; 124–      10291–10272; 124–10291–10273; 124–    10296–10024; 124–10296–10025; 124–
10289–10246; 124–10289–10247; 124–      10291–10274; 124–10291–10275; 124–    10296–10066; 124–10296–10067; 124–
10289–10248; 124–10289–10249; 124–      10291–10276; 124–10291–10277; 124–    10296–10069; 124–10296–10070; 124–
10289–10255; 124–10289–10257; 124–      10291–10278; 124–10291–10279; 124–    10296–10071; 124–10296–10094; 124–
10289–10258; 124–10289–10264; 124–      10291–10280; 124–10291–10281; 124–    10296–10095; 124–10296–10095; 124–
10289–10267; 124–10289–10268; 124–      10291–10282; 124–10291–10283; 124–    10296–10105; 124–10296–10106; 124–
10289–10269; 124–10289–10270; 124–      10291–10284; 124–10291–10285; 124–    10297–10000; 124–10297–10004; 124–
10289–10271; 124–10289–10273; 124–      10291–10286; 124–10291–10288; 124–    10297–10006; 124–10297–10007; 124–
10289–10277; 124–10289–10280; 124–      10291–10290; 124–10291–10291; 124–    10297–10009; 124–10297–10010; 124–
10289–10282; 124–10289–10284; 124–      10291–10294; 124–10291–10298; 124–    10297–10012; 124–10297–10013; 124–
10289–10286; 124–10289–10288; 124–      10291–10301; 124–10291–10302; 124–    10297–10015; 124–10297–10018; 124–
10289–10293; 124–10289–10295; 124–      10292–10085; 124–10292–10086; 124–    10297–10019; 124–10297–10020; 124–
10289–10298; 124–10289–10299; 124–      10292–10087; 124–10292–10088; 124–    10297–10022; 124–10297–10025; 124–
10289–10300; 124–10289–10302; 124–      10292–10089; 124–10292–10090; 124–    10297–10026; 124–10297–10027; 124–
10289–10305; 124–10289–10307; 124–      10292–10092; 124–10292–10094; 124–    10297–10028; 124–10297–10029; 124–
10289–10308; 124–10289–10309; 124–      10292–10095; 124–10292–10098; 124–    10297–10030; 124–10297–10032; 124–
10289–10314; 124–10289–10315; 124–      10292–10099; 124–10292–10101; 124–    10297–10034; 124–10297–10035; 124–
10289–10317; 124–10289–10318; 124–      10292–10102; 124–10292–10103; 124–    10297–10036; 124–10297–10039; 124–
10289–10323; 124–10289–10326; 124–      10292–10104; 124–10292–10106; 124–    10297–10043; 124–10297–10045; 124–
10289–10327; 124–10289–10327; 124–      10292–10107; 124–10292–10108; 124–    10297–10046; 124–10297–10047; 124–
10289–10328; 124–10289–10329; 124–      10292–10109; 124–10292–10112; 124–    10297–10049; 124–10297–10050; 124–
10289–10330; 124–10289–10331; 124–      10292–10113; 124–10292–10114; 124–    10297–10051; 124–10297–10052; 124–
10289–10335; 124–10289–10467; 124–      10292–10119; 124–10292–10120; 124–    10297–10053; 124–10297–10056; 124–
10289–10468; 124–10289–10470; 124–      10292–10121; 124–10292–10122; 124–    10297–10057; 124–10297–10058; 124–
10289–10471; 124–10289–10472; 124–      10292–10123; 124–10292–10124; 124–    10297–10060; 124–10297–10060; 124–
10289–10473; 124–10289–10474; 124–      10292–10125; 124–10292–10126; 124–    10297–10061; 124–10297–10062; 124–
10289–10475; 124–10289–10476; 124–      10292–10127; 124–10292–10128; 124–    10297–10063; 124–10297–10064; 124–
10289–10477; 124–10289–10478; 124–      10292–10129; 124–10292–10133; 124–    10297–10066; 124–10297–10067; 124–
10289–10479; 124–10289–10480; 124–      10292–10134; 124–10292–10137; 124–    10297–10068; 124–10297–10069; 124–
10289–10481; 124–10289–10482; 124–      10292–10138; 124–10292–10144; 124–    10297–10070; 124–10297–10071; 124–
10289–10483; 124–10289–10484; 124–      10292–10147; 124–10292–10148; 124–    10297–10072; 124–10297–10073; 124–
10289–10485; 124–10289–20469; 124–      10292–10150; 124–10292–10151; 124–    10297–10074; 124–10297–10076; 124–
10290–10001; 124–10290–10002; 124–      10293–10228; 124–10293–10231; 124–    10297–10079; 124–10297–10080; 124–
10290–10003; 124–10290–10004; 124–      10293–10232; 124–10293–10233; 124–    10297–10081; 124–10297–10083; 124–
10290–10006; 124–10290–10008; 124–      10293–10234; 124–10293–10236; 124–    10297–10085; 124–10297–10087; 124–
10290–10009; 124–10290–10012; 124–      10293–10238; 124–10293–10246; 124–    10297–10088; 124–10297–10089; 124–
10290–10013; 124–10290–10014; 124–      10293–10251; 124–10293–10252; 124–    10297–10090; 124–10297–10091; 124–
10290–10015; 124–10290–10016; 124–      10293–10254; 124–10293–10255; 124–    10297–10092; 124–10297–10095; 124–
10290–10017; 124–10290–10019; 124–      10293–10258; 124–10293–10266; 124–    10297–10096; 124–10297–10097; 124–
10290–10024; 124–10290–10025; 124–      10293–10272; 124–10293–10276; 124–    10297–10100; 124–10297–10101; 124–
10290–10026; 124–10290–10026; 124–      10293–10277; 124–10293–10278; 124–    10297–10102; 124–10297–10103; 124–
                      Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                       6719

10297–10104; 124–10297–10105; 124–      90022–10007; 124–90022–10008; 124–       10142–10108; 180–10142–10109; 180–
10297–10106; 124–10297–10109; 124–      90022–10010; 124–90022–10011; 124–       10142–10121; 180–10142–10123; 180–
10297–10110; 124–10297–10115; 124–      90022–10012; 124–90022–10015; 124–       10142–10124; 180–10142–10131; 180–
10297–10116; 124–10297–10117; 124–      90022–10017; 124–90022–10018; 124–       10142–10134; 180–10142–10138; 180–
10297–10118; 124–10297–10127; 124–      90022–10022; 124–90022–10026; 124–       10142–10141; 180–10142–10143; 180–
10297–10135; 124–10297–10136; 124–      90022–10027                              10142–10145; 180–10142–10147; 180–
10297–10137; 124–10297–10138; 124–                                               10142–10148; 180–10142–10149; 180–
                                          After consultation with appropriate
10298–10012; 124–10298–10134; 124–                                               10142–10150; 180–10142–10151; 180–
10298–10135; 124–10298–10139; 124–      Federal agencies, the Review Board       10142–10152; 180–10142–10153; 180–
10298–10147; 124–10298–10148; 124–      announces that the following House       10142–10161; 180–10142–10173; 180–
10299–10000; 124–10299–10001; 124–      Select Committee on Assassinations       10142–10176; 180–10142–10181; 180–
10299–10002; 124–10299–10003; 124–      records are now being opened in full:    10142–10191; 180–10142–10197; 180–
10300–10057; 124–10302–10001; 124–      180–10103–10423; 180–10106–10154; 180–   10142–10198; 180–10142–10215; 180–
10302–10002; 124–10302–10003; 124–      10107–10486; 180–10107–10490; 180–       10142–10216; 180–10142–10217; 180–
10302–10004; 124–10302–10008; 124–      10109–10273; 180–10140–10461; 180–       10142–10219; 180–10142–10222; 180–
10302–10010; 124–10302–10012; 124–      10140–10472; 180–10140–10487; 180–       10142–10225; 180–10142–10226; 180–
10302–10130; 124–10302–10131; 124–      10140–10492; 180–10141–10017; 180–       10142–10227; 180–10142–10235; 180–
10302–10135; 124–10302–10136; 124–      10141–10056; 180–10141–10059; 180–       10142–10236; 180–10142–10243; 180–
10302–10139; 124–10302–10140; 124–      10141–10087; 180–10141–10095; 180–       10142–10244; 180–10142–10245; 180–
10302–10144; 124–10302–10147; 124–      10141–10096; 180–10141–10097; 180–       10142–10246; 180–10142–10248; 180–
10302–10150; 124–10302–10153; 124–      10141–10098; 180–10141–10099; 180–       10142–10254; 180–10142–10255; 180–
10302–10155; 124–10302–10162; 124–      10141–10100; 180–10141–10101; 180–       10142–10256; 180–10142–10278; 180–
10302–10164; 124–10302–10165; 124–      10141–10102; 180–10141–10103; 180–       10142–10297; 180–10142–10298; 180–
10302–10168; 124–10302–10170; 124–      10141–10104; 180–10141–10105; 180–       10142–10299; 180–10142–10306; 180–
10302–10174; 124–10302–10176; 124–      10141–10111; 180–10141–10127; 180–       10142–10332; 180–10142–10337; 180–
10302–10183; 124–10302–10220; 124–      10141–10128; 180–10141–10142; 180–       10142–10339; 180–10142–10340; 180–
10302–10222; 124–10302–10224; 124–      10141–10144; 180–10141–10145; 180–       10142–10341; 180–10142–10369; 180–
10302–10232; 124–10302–10234; 124–      10141–10148; 180–10141–10149; 180–       10142–10370; 180–10142–10372; 180–
10302–10235; 124–10302–10236; 124–      10141–10155; 180–10141–10156; 180–       10142–10376; 180–10142–10383; 180–
10302–10237; 124–10302–10238; 124–      10141–10158; 180–10141–10159; 180–       10142–10384; 180–10142–10387; 180–
10302–10239; 124–10302–10242; 124–      10141–10162; 180–10141–10163; 180–       10142–10395; 180–10142–10398; 180–
10302–10246; 124–10302–10248; 124–      10141–10166; 180–10141–10167; 180–       10142–10410; 180–10142–10412; 180–
10302–10249; 124–10302–10250; 124–      10141–10169; 180–10141–10170; 180–       10142–10416; 180–10142–10417; 180–
10302–10251; 124–10302–10252; 124–      10141–10181; 180–10141–10182; 180–       10142–10497; 180–10142–10499; 180–
10302–10255; 124–10302–10256; 124–      10141–10184; 180–10141–10189; 180–       10143–10078; 180–10143–10079; 180–
10302–10257; 124–10302–10259; 124–      10141–10193; 180–10141–10195; 180–       10143–10084; 180–10143–10086; 180–
10302–10261; 124–10302–10262; 124–      10141–10197; 180–10141–10203; 180–       10143–10087; 180–10143–10097; 180–
10302–10263; 124–10302–10264; 124–      10141–10206; 180–10141–10207; 180–       10143–10108; 180–10143–10117; 180–
10302–10268; 124–10302–10274; 124–      10141–10208; 180–10141–10209; 180–       10143–10118; 180–10143–10119; 180–
10312–10000; 124–10312–10001; 124–      10141–10216; 180–10141–10217; 180–       10143–10128; 180–10143–10130; 180–
10312–10002; 124–10312–10003; 124–      10141–10226; 180–10141–10241; 180–       10143–10132; 180–10143–10136; 180–
10312–10004; 124–10312–10005; 124–      10141–10242; 180–10141–10243; 180–       10143–10137; 180–10143–10143; 180–
10312–10006; 124–10312–10007; 124–      10141–10250; 180–10141–10251; 180–       10143–10147; 180–10143–10154; 180–
10312–10008; 124–10312–10009; 124–      10141–10252; 180–10141–10253; 180–       10143–10159; 180–10143–10165; 180–
10312–10010; 124–10312–10011; 124–      10141–10262; 180–10141–10274; 180–       10143–10166; 180–10143–10169; 180–
10312–10012; 124–10312–10013; 124–      10141–10277; 180–10141–10283; 180–       10143–10172; 180–10143–10174; 180–
10312–10014; 124–10312–10015; 124–      10141–10284; 180–10141–10285; 180–       10143–10175; 180–10143–10178; 180–
10312–10016; 124–10312–10017; 124–      10141–10286; 180–10141–10288; 180–       10143–10189; 180–10143–10196; 180–
10312–10018; 124–10312–10019; 124–      10141–10289; 180–10141–10290; 180–       10143–10197; 180–10143–10200; 180–
10312–10020; 124–10312–10021; 124–      10141–10292; 180–10141–10293; 180–       10143–10202; 180–10143–10205; 180–
10312–10022; 124–10312–10023; 124–      10141–10345; 180–10141–10356; 180–       10143–10209; 180–10143–10210; 180–
10312–10024; 124–10312–10025; 124–      10141–10358; 180–10141–10360; 180–       10143–10214; 180–10143–10218; 180–
10312–10026; 124–10312–10027; 124–      10141–10374; 180–10141–10375; 180–       10143–10219; 180–10143–10228; 180–
10312–10028; 124–10312–10029; 124–      10141–10376; 180–10141–10385; 180–       10143–10231; 180–10143–10232; 180–
10312–10030; 124–10312–10031; 124–      10141–10396; 180–10141–10398; 180–       10143–10239; 180–10143–10240; 180–
10312–10032; 124–10312–10033; 124–      10141–10401; 180–10141–10415; 180–       10143–10247; 180–10143–10250; 180–
10312–10034; 124–10312–10035; 124–      10141–10418; 180–10141–10420; 180–       10143–10253; 180–10143–10255; 180–
10312–10036; 124–10312–10037; 124–      10141–10422; 180–10141–10425; 180–       10143–10259; 180–10143–10267; 180–
10312–10038; 124–10312–10039; 124–      10141–10426; 180–10141–10430; 180–       10143–10281; 180–10143–10291; 180–
10312–10040; 124–10312–10041; 124–      10141–10432; 180–10141–10438; 180–       10143–10293; 180–10143–10295; 180–
10312–10042; 124–10312–10043; 124–      10141–10445; 180–10141–10446; 180–       10143–10333; 180–10143–10337; 180–
10312–10044; 124–10312–10045; 124–      10141–10448; 180–10141–10459; 180–       10143–10346; 180–10143–10347; 180–
10312–10046; 124–10312–10047; 124–      10141–10462; 180–10141–10463; 180–       10143–10349; 180–10143–10351; 180–
10312–10048; 124–10312–10049; 124–      10141–10465; 180–10141–10466; 180–       10143–10354; 180–10143–10358; 180–
10312–10050; 124–10312–10051; 124–      10141–10468; 180–10141–10470; 180–       10143–10363; 180–10143–10366; 180–
10312–10052; 124–10312–10054; 124–      10141–10471; 180–10141–10474; 180–       10143–10367; 180–10143–10385; 180–
10312–10055; 124–10312–10056; 124–      10141–10475; 180–10141–10477; 180–       10143–10396; 180–10143–10405; 180–
10312–10057; 124–10312–10059; 124–      10141–10482; 180–10141–10496; 180–       10143–10407; 180–10143–10408; 180–
10312–10060; 124–10312–10061; 124–      10142–10011; 180–10142–10014; 180–       10143–10410; 180–10143–10417; 180–
10312–10062; 124–10312–10063; 124–      10142–10020; 180–10142–10021; 180–       10143–10426; 180–10143–10427; 180–
10312–10064; 124–10312–10065; 124–      10142–10022; 180–10142–10027; 180–       10143–10430; 180–10143–10432; 180–
10312–10066; 124–10312–10067; 124–      10142–10039; 180–10142–10041; 180–       10143–10433; 180–10143–10450; 180–
10312–10068; 124–10312–10069; 124–      10142–10043; 180–10142–10044; 180–       10143–10453; 180–10143–10454; 180–
10312–10070; 124–10387–10342; 124–      10142–10050; 180–10142–10067; 180–       10143–10458; 180–10143–10459; 180–
10387–10347; 124–10387–10394; 124–      10142–10072; 180–10142–10090; 180–       10143–10482; 180–10144–10008; 180–
10397–10014; 124–11226–10180; 124–      10142–10095; 180–10142–10107; 180–       10144–10016; 180–10144–10021; 180–
6720                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

10144–10214; 180–10144–10215; 180–        10001–10408; 177–10001–10409; 177–          DEPARTMENT OF COMMERCE
10144–10216; 180–10144–10224; 180–        10001–10410; 177–10001–10411; 177–
10144–10228; 180–10144–10230; 180–        10001–10412; 177–10001–10413; 177–          Bureau of the Census
10144–10231; 180–10144–10233; 180–        10001–10414; 177–10001–10415; 177–
10144–10234; 180–10144–10243; 180–        10001–10416; 177–10001–10417; 177–          Annual Retail Trade Survey
10144–10252; 180–10144–10253; 180–        10001–10418; 177–10001–10419; 177–
10144–10254
                                          10001–10420; 177–10001–10421; 177–          ACTION:    Proposed collection; comment
  After consultation with appropriate     10001–10422; 177–10001–10423; 177–          request.
Federal agencies, the Review Board        10001–10424; 177–10001–10425; 177–
                                                                                      SUMMARY:    The Department of
announces that the following State        10001–10426; 177–10001–10427; 177–
                                          10001–10428; 177–10001–10429; 177–          Commerce, as part of its continuing
Department records are now being
                                          10001–10430; 177–10001–10431; 177–          effort to reduce paperwork and
opened in full:
                                          10001–10432; 177–10001–10434; 177–          respondent burden, invites the general
119–10001–10489; 119–10001–10496; 119–                                                public and other Federal agencies to
                                          10001–10435; 177–10001–10436; 177–
10003–10033; 119–10003–10063; 119–                                                    take this opportunity to comment on
10003–10064; 119–10003–10078; 119–        10001–10439; 177–10001–10440; 177–
                                          10001–10441; 177–10001–10447; 177–          proposed and/or continuing information
10003–10079; 119–10003–10080; 119–
10003–10081; 119–10003–10082; 119–        10001–10448; 177–10001–10449; 177–          collections, as required by the
10003–10083; 119–10003–10084; 119–        10001–10450; 177–10001–10451; 177–          Paperwork Reduction Act of 1995,
10003–10085; 119–10003–10086; 119–        10001–10458; 177–10001–10459; 177–          Public Law 104–13 (44 U.S.C.
10003–10087; 119–10003–10088; 119–        10001–10460; 177–10001–10462; 177–          3506(c)(2)(A)).
10003–10089; 119–10003–10090; 119–        10001–10469; 177–10001–10470; 177–          DATES: Written comments must be
10003–10091; 119–10003–10092; 119–        10001–10471; 177–10001–10474; 177–          submitted on or before April 13, 1998.
10003–10093; 119–10003–10094; 119–        10001–10476; 177–10001–10478; 177–
10003–10095; 119–10003–10096; 119–        10001–10481; 177–10001–10482; 177–          ADDRESSES: Direct all written comments
10003–10097; 119–10003–10098; 119–        10001–10483; 177–10001–10484; 177–          to Linda Engelmeier, Departmental
10003–10099; 119–10003–10100; 119–        10001–10485; 177–10001–10486; 177–          Forms Clearance Officer, Department of
10003–10101; 119–10003–10102; 119–        10001–10487; 177–10001–10488; 177–          Commerce, Room 5327, 14th and
10003–10103; 119–10003–10104; 119–                                                    Constitution Avenue, NW, Washington,
                                          10001–10489; 177–10001–10491; 177–
10003–10105; 119–10003–10106; 119–                                                    DC 20230.
                                          10001–10492; 177–10001–10493; 177–
10003–10107; 119–10003–10108; 119–
10003–10109; 119–10003–10113; 119–        10001–10494; 177–10001–10495; 177–          FOR FURTHER INFORMATION CONTACT:
10003–10114; 119–10003–10115; 119–        10001–10496; 177–10001–10498; 177–          Requests for additional information or
10003–10233; 119–10017–10105; 119–        10002–10001; 177–10002–10002; 177–          copies of the information collection
10021–10324; 119–10021–10352; 119–        10002–10003; 177–10002–10004; 177–          instrument(s) and instructions should
10021–10374; 119–10021–10378; 119–        10002–10005; 177–10002–10006; 177–          be directed to: Ronald L. Piencykoski,
10021–10437; 119–10021–10443; 119–        10002–10008; 177–10002–10023; 177–          Bureau of the Census, Room 2626–FOB
10021–10447; 119–10021–10495; 119–        10002–10027; 177–10002–10039; 177–
                                                                                      3, Washington, D.C. 20233–6500, (301)
10022–10053; 119–10022–10054; 119–        10002–10040; 177–10002–10042; 177–
10022–10057; 119–10022–10070; 119–                                                    457–2713.
                                          10002–10043; 177–10002–10044; 177–
10022–10092; 119–10022–10094; 119–        10002–10045; 177–10002–10046; 177–          SUPPLEMENTARY INFORMATION:
10022–10129; 119–10022–10137              10002–10047; 177–10002–10048; 177–          I. Abstract
  After consultation with appropriate     10002–10049; 177–10002–10050; 177–
Federal agencies, the Review Board        10002–10051; 177–10002–10052; 177–             The Annual Retail Trade Survey
announces that the following Johnson      10002–10053; 177–10002–10055; 177–          (ARTS) provides a sound statistical
Library records are now being opened in   10002–10056; 177–10002–10061; 177–          basis for the formation of policy by
full:                                     10002–10062; 177–10002–10063; 177–          other government agencies. It provides
                                          10002–10064; 177–10002–10067; 177–          continuing and timely national statistics
177–10001–10065; 177–10001–10111; 177–    10002–10068; 177–10002–10073; 177–          on retail trade augmenting the period
10001–10162; 177–10001–10187; 177–        10002–10077; 177–10002–10078; 177–
10001–10214; 177–10001–10272; 177–
                                                                                      between economic censuses, and is a
                                          10002–10080; 177–10002–10081; 177–          continuation of similar retail trade
10001–10275; 177–10001–10301; 177–
                                          10002–10085                                 surveys conducted each year since 1951
10001–10302; 177–10001–10303; 177–
10001–10304; 177–10001–10306; 177–        Notice of Assassination Records             (except 1954). The data that the Bureau
10001–10308; 177–10001–10309; 177–        Designation                                 collects with the ARTS, annual sales,
10001–10320; 177–10001–10321; 177–                                                    purchases, end-of-year inventories, and
10001–10322; 177–10001–10326; 177–          Designation: On January 22, 1998, the     accounts receivables are applicable to a
10001–10328; 177–10001–10329; 177–        Assassination Records Review Board          variety of public and business needs.
10001–10330; 177–10001–10331; 177–                                                    The ARTS sample consists of all firms
10001–10332; 177–10001–10333; 177–
                                          designated the following United States
10001–10334; 177–10001–10335; 177–        Secret Service materials as assassination   operating retail establishments within
10001–10336; 177–10001–10337; 177–        records: records relating to Robert         the U.S. whose probability of selection
10001–10338; 177–10001–10339; 177–        Bouck, Chief of the Protective Research     is determined by sales size that were
10001–10340; 177–10001–10341; 177–        Section (49 pages); White House detail      used in the Monthly Retail Trade
10001–10342; 177–10001–10348; 177–        records (110 pages); and the Protective     Survey (MRTS). An additional panel of
10001–10350; 177–10001–10352; 177–        Intelligence files of William Somerset      cases, used only in the annual survey,
10001–10353; 177–10001–10354; 177–        [CO2–43860] (67 pages) and Joseph           are also canvassed. Estimates developed
10001–10355; 177–10001–10362; 177–        Milteer [CO2–35588] (97 pages).             in the ARTS are used to benchmark the
10001–10367; 177–10001–10368; 177–                                                    monthly sales and inventories series
10001–10383; 177–10001–10387; 177–          Dated: February 2, 1998.
10001–10388; 177–10001–10389; 177–
                                                                                      and the firms canvassed in this survey
                                          T. Jeremy Gunn,
10001–10390; 177–10001–10391; 177–                                                    are not required to maintain additional
                                          Executive Director.                         records since carefully prepared
10001–10393; 177–10001–10394; 177–
10001–10396; 177–10001–10401; 177–        [FR Doc. 98–3267 Filed 2–9–98; 8:45 am]     estimates are acceptable if book figures
10001–10404; 177–10001–10407; 177–        BILLING CODE 6118–01–P                      are not available.
                         Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                                6721

II. Method of Collection                       ACTION:    Proposed collection; comment         Form Number: ITA–4023P.
                                               request.                                        Type of Review: Regular submission.
 We will collect this information by
                                                                                               Affected Public: Business or other for-
mail, FAX and telephone follow-up.             SUMMARY:    The Department of                 profit.
III. Data                                      Commerce, as part of its continuing             Estimated Number of Respondents:
                                               effort to reduce paperwork and                60.
  OMB Number: 0607–0013.                       respondent burden, invites the general          Estimated Time per Response: 1 hour.
  Form Number: B–151, B–151A, B–               public and other Federal agencies to            Estimated Total Annual Burden
151D, B–153, and B–153D.                       take this opportunity to comment on the       Hours: 60 hours.
  Type of Review: Regular submission.          continuing information collections, as          Estimated Total Annual Cost: $1,000.
  Affected Public: Retail businesses.          required by the Paperwork Reduction
  Estimated Number of Respondents:             Act of 1995, Public Law 104–13 (44            IV. Requested for Comments
23,700.                                        U.S.C. 3506)(c)(2)(A)).                          Comments are invited on: (a) Whether
  Estimated Time Per Response: .4142           DATES: Written comments must be               the proposed collection of information
hrs. (about 25 minutes).                       submitted by April 13, 1998.                  is necessary for the proper performance
  Estimated Total Annual Burden                                                              of the functions of the agency, including
                                               ADDRESSES: Direct all written comments
Hours: 9,817 hours.                                                                          whether the information shall have
                                               to Linda Engelmeier, Departmental
  Estimated Total Annual Cost: The                                                           practical utility; (b) the accuracy of the
                                               Forms Clearance Officer, Department of
cost to the respondent is estimated to be                                                    agency’s estimate of the burden
                                               Commerce, Room 5327, 14th &
$134,002, based on an annual response                                                        (including hours and cost) of the
                                               Constitution Avenue, NW, Washington,
burden of 9,817 hours and a rate of            DC 20230. Phone number (202) 482–             proposed collection of information; (c)
$13.65 per hour to complete the form.          3272.                                         ways to enhance the quality, utility, and
  Respondent’s Obligation: Mandatory.                                                        clarity of the information to be
                                               FOR FURTHER INFORMATION CONTACT:
  Legal Authority: Title 13, United                                                          collected; and (d) ways to minimize the
                                               Requests for additional information or
States Code, Sections 182, 224, and 225.                                                     burden of the collection of information
                                               copies of the information collection
IV. Request for Comments                       instrument and instructions should be         on respondents, including through the
                                               directed to: Alexis Kemper, Office of         use of automated collection techniques
   Comments are invited on: (a) Whether                                                      or other forms of information
the proposed collection of information         Telecommunications, Room 4323,
                                               Department of Commerce, 14th &                technology.
is necessary for the proper performance                                                         Comments submitted in response to
of the functions of the agency, including      Constitution Avenue, NW, Washington,
                                               DC 20230; phone (202) 482–1512, fax           this notice will be summarized and/or
whether the information shall have                                                           included in the request for OMB
practical utility; (b) the accuracy of the     (202) 482–5834.
                                                                                             approval of this information collection;
agency’s estimate of the burden                SUPPLEMENTARY INFORMATION:
                                                                                             they also will become a matter of public
(including hours and cost) of the              I. Abstract                                   record.
proposed collection of information; (c)
                                                  Opportunities to bid for contracts            Dated: February 5, 1998.
ways to enhance the quality, utility, and
                                               under the NATO Security Investment            Linda Engelmeier,
clarity of the information to be
                                               Program (NSIP) are only open to firms         Departmental Forms Clearance Officer, Office
collected; and (d) ways to minimize the
                                               of member NATO countries. NSIP                of Management and Organization.
burden of the collection of information        procedures for international competitive
on respondents, including through the                                                        [FR Doc. 98–3305 Filed 2–9–98; 8:45 am]
                                               bidding (AC/4–D/2261) require that
use of automated collection techniques         each NATO country certify that their
                                                                                             BILLING CODE 3510–DR–P
or other forms of information                  respective firms are eligible to bid such
technology.                                    contracts. This is done through the
   Comments submitted in response to                                                         DEPARTMENT OF COMMERCE
                                               issuance of a ‘‘Declaration of
this notice will be summarized and/or          Eligibility.’’ The U.S. Department of         International Trade Administration
included in the request for OMB                Commerce/ITA is the executive agency
approval of this information collection;                                                     [A–821–803 and A–834–803]
                                               responsible for certifying U.S. firms.
they also will become a matter of public       ITA–4023P is the application form used
record.                                                                                      Titanium Sponge From the Russian
                                               by USDOC/ITA to collect information           Federation and Republic of Kazakstan:
   Dated: February 5, 1998.                    needed to ascertain the eligibility of a      Postponement of Preliminary Results
Linda Engelmeier,                              U.S. firm. ITA reviews the application        of Antidumping Duty Administrative
Departmental Forms Clearance Officer, Office   for completeness and accuracy and             Reviews
of Management and Organization.                determines a company’s eligibility
[FR Doc. 98–3306 Filed 2–9–98; 8:45 am]        based on its financial viability, technical   AGENCY:  Import Administration,
BILLING CODE 3510–07–P                         capability, and security clearances with      International Trade Administration,
                                               the Department of Defense.                    Department of Commerce.
                                                                                             ACTION: Extension of time limits for
                                               II. Method of Collection
DEPARTMENT OF COMMERCE                                                                       preliminary results of antidumping duty
                                                  The Department of Commerce                 administrative reviews.
Proposed Agency Information                    distributes Form ITA–4023P to potential
Collection Activities                          applicants upon request. The applicant        SUMMARY:   The Department of Commerce
                                               completes the form and then forwards it       is extending by 60 days the time limit
BUREAU:  International Trade                   to the U.S. Department of Commerce/           of the preliminary results of the
Administration, Technology and                 Office of Telecommunications for              antidumping duty administrative review
Aerospace Industries, Office of                processing.                                   of the antidumping finding on titanium
Telecommunications.                                                                          sponge from the Russian Federation (A–
TITLE: NATO International Competitive          III. Data                                     821–803) and the Republic of Kazakstan
Bidding (ICB) Bidders List Application.           OMB Number: 0625–0055.                     (A–834–803), covering the period
6722                   Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

August 1, 1996, through July 31, 1997,          We determine that it is not practicable     The Department intends to publish in
since it is not practicable to complete      to complete these reviews within the           April 1998 a notice of scope rulings and
these reviews within the time limits         original time frame because of the             anticircumvention inquiries completed
mandated by the Tariff Act of 1930, as       complexity of the legal and                    between January 1, 1998, and March 31,
amended (19 U.S.C. 1675(a)(3)(A)).           methodological issues in these reviews.        1998, as well as pending scope
EFFECTIVE DATE: February 10, 1998.              Due to the 60 day extension, the            clarification and anticircumvention
FOR FURTHER INFORMATION CONTACT:
                                             deadline for issuing the preliminary           inquiry requests.
Mark Manning or Laurel LaCivita,             results of these reviews is now no later          The following lists provide the
Antidumping Duty and Countervailing          than July 3, 1998. The deadline for            country, case reference number,
Duty Enforcement, Office Four, Import        issuing the final results of these reviews     requester(s), and a brief description of
Administration, International Trade          will be no later than 120 days from the        either the ruling or product subject to
Administration, U.S. Department of           publication of the preliminary results.        the request.
                                                These extensions are in accordance
Commerce, 14th Street and Constitution
                                             with section 751(a)(3)(A) of the Act (19       I. SCOPE RULINGS COMPLETED
Avenue, N.W., Washington, DC 20230;
                                             U.S.C. 1675(a)(3)(A)).                         BETWEEN OCTOBER 1, 1997 and
telephone (202) 482–3936 and 482–
                                               Dated: February 4, 1998.                     DECEMBER 31, 1997
4740, respectively.
SUPPLEMENTARY INFORMATION:                   Richard Moreland,                              Country: Italy
                                             Acting Deputy Assistant Secretary for Import
Applicable Statute                           Administration.                                A–475–818 Certain Pasta
   Unless otherwise indicated, all           [FR Doc. 98–3335 Filed 2–9–98; 8:45 am]           C–475–819 Shonfeld’s (U.S.A.)
citations to the statute are references to   BILLING CODE 3510–DS–P                         Inc.—Multicolored pasta in decorative
the provisions effective January 1, 1995,                                                   glass containers, which are sealed with
the effective date of the amendments                                                        cork or paraffin and bound with raffia,
made to the Tariff Act of 1930 (the Act)     DEPARTMENT OF COMMERCE                         is outside the scope of the order. 8/25/
by the Uruguay Round Agreements Act.                                                        97.
In addition, unless otherwise indicated,     International Trade Administration
all citations to the Department of                                                          Country: People’s Republic of China
                                             Notice of Scope Rulings
Commerce’s regulations are to the                                                           A–570–832 Pure Magnesium
current regulations as codified at 19        AGENCY:  Import Administration,
CFR 351.                                     International Trade Administration,              American Metallurgical Inc. (AMI)—
                                             Department of Commerce.                        Magnesium crystal granules having a
Background
                                             ACTION: Notice of scope rulings and            maximum dimension (i.e., length or
   On September 25, 1997 (62 FR 50292),      anticircumvention inquiries.                   diameter) of less than one inch are
the Department of Commerce (the                                                             included within the scope of the order.
Department) initiated an administrative      SUMMARY:   The Department of Commerce          11/14/97.
review of the antidumping findings on        hereby publishes a list of scope rulings
titanium sponge from the Russian             and anticircumvention inquiries                A–570–504 Petroleum Wax Candles
Federation and the Republic of               completed by Import Administration
                                                                                              Meijer, Inc.—Three candles (Joy,
Kazakstan, covering the period August        between October 1, 1997 and December
                                                                                            Peace, flame) are within the scope of the
1, 1996, through July 31, 1997. In our       31, 1997. In conjunction with this list,
                                                                                            order. Two candles (Noel, Happy
notice of initiation, we stated our          the Department of Commerce is also
                                                                                            Valentine’s Day) are outside the scope of
intention to issue the final results of      publishing a list of pending requests for
                                                                                            the order. 12/15/97.
these reviews no later than August 31,       scope clarifications and
1998. Due to the complexity of the legal     anticircumvention inquiries. We intend         Country: Japan
and methodological issues presented by       to publish future lists within 30 days of
                                                                                            A–588–703 Internal-Combustion
these reviews, the Department has            the end of each quarter.
                                                                                            Industrial Forklift Trucks
determined that it is not practicable to     EFFECTIVE DATE: February 10, 1998.
complete these reviews within the time       FOR FURTHER INFORMATION CONTACT:                 Nissan Motor Co., Ltd., and Nissan
limits mandated by the Tariff Act of         Ronald M. Trentham, Import                     Forklift Corporation (collectively
1930 (the Act), as amended (19 U.S.C.        Administration, International Trade            Nissan)—Model FO5–70 forklifts are not
1675(a)(3)(A)).                              Administration, U.S. Department of             within the scope of the order. 10/14/97.
Postponement of Preliminary and Final        Commerce, 14th Street and Constitution
                                                                                            A–588–802 3.5′′ Microdisks
Results of Review                            Avenue, NW, Washington, D.C. 20230;
                                             telephone: (202) 482–4793.                       Maxell Corporation of America—
   Section 751(a)(3)(A) of the Act
                                             Background                                     Maxell’s OSD325—Floptical Disk is
requires the Department to make a
                                                                                            outside the scope of the order. 11/21/97.
preliminary determination within 245           The regulations of the Department of
days after the last day of the anniversary   Commerce (the Department) (19 CFR              A–588–803 Stainless Steel Bar
month of an order/finding for which a        351.225(o)) provide that on a quarterly
review is requested and a final              basis the Secretary will publish in the          Keystone Stainless Inc.—‘‘Keystone
determination within 120 days after the      Federal Register a list of scope rulings       2000,’’ a speciality stainless steel bar
date on which the preliminary                completed within the last three months.        product, is within the scope of the
determination is published. However, if        This notice lists scope rulings and          order. 10/15/97.
it is not practicable to complete the        anticircumvention inquiries completed          II. ANTICIRCUMVENTION RULINGS
review within the time period, section       by Import Administration, between              COMPLETED BETWEEN OCTOBER 1,
751(a)(3)(A) allows the Department to        October 1, 1997, and December 31,              1997 AND DECEMBER 31, 1997
extend this time period to a maximum         1997, and pending scope clarification
of 365 days and 180 days, respectively.      and anticircumvention inquiry requests.          None.
                      Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                            6723

III. SCOPE INQUIRIES TERMINATED            A–428–821 Large Newspaper Printing          whether certain stainless steel pasta and
BETWEEN OCTOBER 1, 1997 AND                Presses from Germany                        steamer inserts are within the scope of
DECEMBER 31, 1997                            Clarification to determine whether        the order.
  None.                                    parts for reel tension pasters are within   A–580–803 Small Business Telephone
                                           the scope of the order.                     Systems
IV. ANTICIRCUMVENTION
                                           Country: Italy
INQUIRIES TERMINATED BETWEEN                                                              TT Systems Corporation—
OCTOBER 1,1997 AND DECEMBER 31,            A–475–818 Certain Pasta                     Clarification to determine whether the
1997                                         C–475–819 Joseph A. Sidari                ‘‘Model 4300’’ which is a ‘‘blocking’’
Country: Korea                             Company, Inc.,—Clarification to             system should be excluded from the
                                           determine whether a shrink wrapped          scope of the order which pertains to
A–580–008 Color Television Receivers       package containing six one-pound            ‘‘non-blocking’’ systems.
                                           packages, each of which would first be
   On August 11, 1995, the International   individually packaged in a cellophane       Country: Taiwan
Brotherhood of Electrical Workers, the     wrapper (cello) with ‘‘Not Labeled for
International Union of Electronic,                                                     A–583–009 Color Television Receivers,
                                           Retail Sale’’ written across the entire     Monochrome and Color
Electrical, Salaried, Machine &            length of each of the individual
Furniture Workers, and the Industrial      packages on both sides is with the scope      Coach Master International
Union Department (collectively the         of the antidumping and countervailing       Corporation (CMI)—Clarification to
petitioners), filed an application         duty orders.                                determine whether the Kitchen Coach
requesting that the Department conduct                                                 Unit 8100 manufactured by Action
an anti-circumvention inquiry of the       Country: People’s Republic of China
                                                                                       Electronics and imported by CMI is
antidumping order on color televisions     A–570–501 Natural Bristle Paint             within the scope of the order.
from the Republic of Korea. Pursuant to    Brushes and Brush Heads
that application, the Department                                                       Country: Japan
initiated an anti-circumvention inquiry      Kwick Clean and Green Ltd.—
on January 19, 1996. On December 19,       Clarification to determine whether a        A–588–028 Roller Chain, Other Than
1997, petitioners submitted a letter       group of bristles held together at the      Bicycle
requesting that the Department             base with glue, which are to be used as
                                           replaceable parts within the cavity of         Kaga Chain Manufacturer (KCM)—
terminate the inquiry. Accordingly, the                                                Clarification to determine whether
anticircumvention inquiry was              the paintbrush body, is within the scope
                                           of the order.                               silent timing chain for use in
terminated effective 12/31/97.                                                         automobiles is within the scope of the
                                           A–570–504 Petroleum Wax Candles             order.
V. PENDING SCOPE CLARIFICATION
REQUESTS AS OF DECEMBER 31,                  Sun-It Corporation—Clarification to
                                           determine whether taper candles             A–588–405 Cellular Mobile
1997
                                           containing oil of citronella are within     Telephones and Subassemblies
Country: Canada                            the scope of the order.                       Matsushita Communication Industrial
A–122–823 Certain Cut-to-Length              Ocean State Jobbers—Clarification to
                                                                                       Corporation of America—Clarification
Carbon Steel Plate                         determine whether taper candles
                                                                                       to determine whether a new subscriber
                                           consisting of a blend of petroleum wax
                                           and beeswax are within the scope of the     unit (model number HS600)is within
  Petitioners—Clarification to
                                           order.                                      the scope of the order.
determine whether certain carbon steel
plate with boron added is within the         American Drug Stores—Clarification        A–588–804 Antifriction Bearings
scope of the order.                        to determine whether spherical candles      (Other Than Tapered Roller Bearings),
                                           with a ‘‘wax veneer’’ are within the        and Parts Thereof
Country: Sweden                            scope of the order.
A–401–040 Stainless Steel Plate                                                          Koyo Seiko Co., Ltd.—Clarification to
                                           A–570–808 Chrome-Plated Lug Nuts
                                                                                       determine whether a cylindrical roller
  Avesta Sheffield AB and Avesta             Wheel Plus, Inc.—Clarification to         bearing, allegedly without a precision
Sheffield NAD, Inc.—Clarification to       determine whether imported zinc-plated      rating, for use as an axle bearing in cars
determine whether stainless steel slabs    lug nuts which are chrome-plated in the     and trucks is within the scope of the
that are manufactured in Great Britain     United States are within the scope of the   order.
and rolled into hot bands in Sweden are    order.
within the scope of the order.                                                         A–588–813 Light-Scattering
                                           A–570–827 Certain Cased Pencils             Instruments and Parts Thereof
Country: Germany                             Creative Designs International, Ltd.—
                                           Clarification to determine whether 10         Thermo Capillary Electrophoresis,
A–428–801 Antifriction Bearings            piece dress-up/vanity sets for young        Inc.—Clarification to determine whether
(Other Than Tapered Roller Bearings),      girls, containing two pencils               diode array detectors and cell flow units
and Parts Thereof                          (approximately 3 inches in length with      are within the scope of the order.
  FAG Aerospace & Superprecision           no eraser or ferrule), are within the
                                                                                       A–588–824 Corrosion Resistant
Bearings GmbH—Clarification to             scope of the order.
                                                                                       Carbon Steel Flat Products
determine whether certain aerospace        Country: Korea
bearings which have entered the United                                                   Drive Automotive Industries—
States but have been returned to           A–580–601 Certain Stainless Steel           Clarification to determine whether 2000
Germany for repair or refurbishing, and    Cooking Ware                                millimeter wide, made to order,
which then reenter the United States,        C–580–802 Samuel Shapiro &                corrosion resistant carbon steel coils are
are within the scope of the order.         Company—Clarification to determine          within the scope of the order.
6724                   Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

VI. PENDING ANTICIRCUMVENTION                 circumvention of the antidumping duty       sent to the following: Dr. Barry N.
INQUIRIES AS OF DECEMBER 31,                  order.                                      Taylor, Chairman, NIST Precision
1997                                            Interested parties are invited to         Measurement Grants Committee, Bldg.
                                              comment on the accuracy of the list of      225, Rm. B161, National Institute of
Country: Mexico                               pending scope clarification requests.       Standards and Technology,
A–201–805 Certain Welded Non-Alloy            Any comments should be submitted to         Gaithersburg, MD 20899–0001.
Steel Pipe                                    the Assistant Secretary for Import          FOR FURTHER INFORMATION CONTACT:
   Allied Tube & Conduit Corp., Sawhill       Administration, International Trade         Technical questions concerning the
Tubular Division of Tex-Tube Co.,             Administration, Room B–099, U.S.            NIST Precision Measurement Grants
Century Tube Corp., Laclede Steel Co.,        Department of Commerce, 14th Street         Programs may be directed to the above
LTV Tubular Products Co., Sharon Tube         and Constitution Avenue, N.W.,              address or to Dr. Taylor at 301–975–
Co., Western Tube & Conduit Co.,              Washington, D.C. 20230.                     4220. Prospective applicants with
Wheatland Tube Co., and CSI Tubular             Dated: Feburary 4, 1998.                  general questions may contact Dr.
Products, Inc. (Petitioners)—                 Richard W. Moreland,                        Taylor before preparing their
Anticircumvention inquiry to determine        Deputy Assistant Secretary, Import          abbreviated proposal. Specific inquiries
whether imports of: (i) Pipe certified to     Administration.                             as to the usefulness or merit of any
the American Petroleum Institute (API)        [FR Doc. 98–3329 Filed 2–9–98; 8:45 am]     particular project, or other specific
5L line pipe specifications (API 5L or                                                    inquiries that deal with evaluation
                                              BILLING CODE 3510–DS–P
line pipe), and (ii) pipe certified to both                                               criteria, can potentially impede the
the API 5L line pipe specifications and                                                   competitive selection process and,
the less stringent American Society for       DEPARTMENT OF COMMERCE                      therefore, cannot be answered.
Testing and Materials (ASTM) A–53                                                           Administrative questions concerning
                                              National Institute of Standards and         the NIST Precision Measurement Grants
standard pipe specifications (dual
                                              Technology                                  Program may be directed to the Grants
certified pipe), falling within the
                                                                                          Office at 301–975–6329. Written
physical dimensions outlined in the           [Docket No. 971201285–7285–01]              inquiries should be forwarded to the
scope of the order, are circumventing
                                              RIN 0693–ZA18                               following address: Grants Office,
the antidumping duty order.
                                                                                          Acquisition and Assistance Division,
Country: United Kingdom                       Precision Measurement Grants                Building 301/Room B129, National
                                              AGENCY: National Institute of Standards     Institute of Standards and Technology,
A–412–810 Lead and Bismuth Carbon
                                              and Technology, Commerce.                   Gaithersburg, MD 20899–0001.
Steel Products
                                                                                          SUPPLEMENTARY INFORMATION:
  C–412–811 Inland Steel Bar                  ACTION: Notice.
Company and USS/Kobe Steel Company                                                        Catalog of Federal Domestic Assistance
                                              SUMMARY:   The purpose of this notice is    Name and Number
(Petitioners)—Anticircumvention               to inform potential applicants that the
inquiry to determine whether British          National Institute of Standards and           Measurement and Engineering
Steel PLC is circumventing the order by       Technology (NIST) is continuing a           Research and Standards 11.609
shipping leaded steel billets to the          program of research grants, formally        Authority
United States, where they are converted       titled Precision Measurement Grants, to
into the hot-rolled carbon steel products                                                    As authorized by Section 2 of the Act
                                              faculty members of U.S. universities or
covered by the order.                                                                     of March 3, 1901 as amended (15 U.S.C.
                                              colleges for significant, primarily
                                                                                          272(b)(2) and (c)(3)), NIST conducts
Country: Germany                              experimental research in the field of
                                                                                          directly, and supports through grants
                                              fundamental measurement or the
A–428–811 Lead and Bismuth Carbon                                                         and cooperative agreement, a basic and
                                              determination of fundamental constants.
Steel Products                                                                            applied research program in the general
                                              Applicants must submit an abbreviated       area of fundamental measurement and
  C–429–812 Inland Steel Bar                  proposal for preliminary screening.         the determination of fundamental
Company and USS/Kobe Steel Company            Based on the merit of the abbreviated       constants of nature. The annual budget
(Petitioners)—Anticircumvention               proposal, applicants will be advised        for Precision Measurement Grants is
inquiry to determine whether Saarstahl        whether a full proposal should be           approximately $300,000. The annual
A.G. and Thyssen s Stahl A.G. are             submitted.                                  awards must have scopes of work that
circumventing the order by shipping           DATES: Abbreviated proposals must be        are clearly severable that can be easily
leaded steel billets to the United States,    received at the address listed above        separated into annual increments of
where they are converted into the hot-        below no later than 5 p.m. EST March        meaningful work which represent solid
rolled carbon steel products covered by       12, 1998. The semi-finalists will be        accomplishments if prospective funding
the order.                                    notified of their status by Monday,         is not made available to the Applicant.
Country: Italy                                March 23, 1998, and will be requested       Because of commitments for supporting
                                              to submit their full proposals to NIST by   multi-year programs, only a portion of
A–475–818 Certain Pasta                       5 p.m. EDT on Friday, May 8, 1998.          the budget is available to initiate new
   Borden, Inc., Hershey Foods Corp.,         Selection of the awards will be made by     program in any one year. The issuance
Gooch Foods, Inc. (Petitioners)—              Friday, August 14, 1998.                    of awards is contingent upon
Anticircumvention inquiry to determine        ADDRESSES: Applicants are requested to      availability of funding. As part of this
whether Barilla S.r.L. (Barilla) is           submit an abbreviated proposal (original    research program since 1970, NIST has
importing pasta in the United States in       and two (2) signed copies), using           awarded Precision Measurement Grants
bulk (defined as packages of greater than     Standards Form 424 (Rev. 4/92) with a       to faculty members of U.S. universities
five pounds) and repackaging the pasta        description of their proposed work of no    and colleges for significant, primarily
into packages of five pounds or less for      more than five (5) double spaced pages.     experimental research in the field of
sale in the retail market; and whether        Standard Form 424A(4–92) and 424B(4–        fundamental measurement or the
such repackaging constitutes                  92) are also required. Copies should be     determination of fundamental constants.
                      Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                              6725

Award Period                                ‘‘Fine-Structure constant determination         4. The past accomplishments of the
  NIST is now accepting applications           using precision Stark spectroscopy,’’      applicant—is the quality of the research
for two new grants in the amount of            Michael G. Littman, Princeton              previously carried out by the
                                               University.                                prospective grantee such that there is a
$50,000 per year to be awarded for the        ¨ ¨
                                            ‘‘Eotvos experiment-cryogenic version,’’      high probability that the proposed
period October 1, 1998, through
                                               D.F. Bartlett, University of Colorado.     research will be successfully carried
September 30, 1999 (fiscal year 1999).      ‘‘A test of local Lorentz invariance using
Each grant may be renewed for up to                                                       out?
                                               polarized 21Ne nuclei,’’ T.E. Chupp,         Each of these factors is given equal
two additional years; however, future or       Harvard University.
continued funding will be at the                                                          weight in the selection process.
                                            ‘‘A new method to search for an electric
discretion of NIST based on such factors       dipole moment of the elctron,’’ L.R.       Paperwork Reduction Act
as satisfactory performance and the            Hunder, Amherst College.                     The Standard Forms 424, 424A, 424B,
availability of funds.                      ‘‘High precision timing of millisecond        and LLL mentioned in this notice are
Program Description                            pulsars,’’ D.R. Stinebring, Princeton      subject to the requirements of the
                                               University.                                Paperwork Reduction Act (PRA) and
  NIST sponsors these grants to             ‘‘Precision optical spectroscopy of           have been cleared by the Office of
encourage basic, measurement-related           positronium,’’ S. Chu, Stanford            Management and Budget (OMB) under
research in U.S. universities and              University.                                control numbers 0348–0043, 0348–0044,
colleges and to foster contacts between     ‘‘Spectroscopy of Francium: Towards a
                                                                                          0348–0040, and 0348–0046.
NIST scientists and those faculty              precise parity non-conservation
                                                                                          Notwithstanding any other provision of
members of U.S. academic institutions          measurement in a laser trap,’’ L.
                                                                                          the law, no person is required to
who are actively enaged in such work.          Orozco, State University of New York
                                                                                          respond to, nor shall any person be
The Precision Measurement Grants are           at Stony Brook.
                                            ‘‘Measurement of the magnetically-            subject to a penalty for failure to comply
also intended to make it possible for
                                               induced birefrigence of the vacuum,’’      with a collection, subject to the
such faculty members to pursue new,
                                               S.A. Lee, Colorado State University.       requirements of the PRA, unless that
fundamental measurement ideas for
                                                                                          collection of information displays a
which other sources of support may be       Eligibility                                   currently valid OMB Control Number.
difficult to find.
                                              Eligible applicants under the               Application Kit
Matching Requirements                       Precision Measurement Grants Program
                                            are limited to U.S. universities and            An application kit, containing all
  The Precision Measurement Grants
                                            colleges.                                     required application forms and
Program does not involve the payment
                                                                                          certifications, is available by calling
of any matching funds and does not          Selection Procedure                           Michelle Hane, NIST Precision
directly affect any state or local
                                              To simplify the proposal writing and        Measurement Grants Committee, 301–
government.
                                            evaluation process, the following             975–4397. An application kit includes
Research Topics                             selection procedure will be used:             the following:
  There is some latitude in the kind of       On the basis of the abbreviated             SF–424 (Rev 4/92)—Application for
research projects that will be considered   proposals, four to eight semifinalist           Federal Assistance
for support under the Precision             candidates will be selected by the NIST       SF–424A (Rev 4/92)—Budget
                                            Precision Measurements Grants                   Information—Non-Construction
Measurement Grants Program. The key
                                            Committee and the Outside Review                Programs
requirement is that they are consistent
                                            Committee and requested to submit full        SF–424B (Rev 4/92)—Assurances—Non-
with NIST’s mission in the field of basic
                                            proposals. The same committees will             Construction Programs
measurement science, for example.
                                            evaluate the detailed proposals and, on       CD–511 (7/91)—Certifications Regarding
  1. Experimental and theoretical
                                            the basis of their evaluation, the two          Debarment, Suspension and Other
studies of fundamental physical
                                            grantees for fiscal year 1999 will be           Responsibility Matters; Drug-free
phenomena which test the basic laws of
                                            selected.                                       Workplace Requirements and
physics or which may lead to new or
improved fundamental measurement            Evaluation Criteria                             Lobbying
methods and standards.                                                                    CD–512 (7/91)—Certifications Regarding
                                               The criteria to be used in evaluating
  2. The determination of important                                                         Debarment, Suspension, Ineligibility
                                            the preapplication proposals and full
fundamental physical constants.                                                             and Voluntary Exclusion—Lower Tier
                                            proposals include:
  3. The development of new standards          1. Importance of the proposed                Covered Transactions and Lobbying
for physical measurement of the highest                                                   SF–LLL—Disclosure of Lobbying
                                            research to science—does it have the
possible precision and accuracy.                                                            Activities
                                            potential of answering some currently
  In general, proposals for experimental    pressing question or of opening up a          Additional Requirements
research will be given preference over      whole new area of activity?
proposals for theoretical research             2. The relationship of the proposed        Past Performance
because of the greater expense of           research to measurement science—is              Unsatifactory performance under
experimental work. Proposals from           there a possibility that it will lead to a    prior Federal awards may result in an
workers at the assistant and associate      new or improved fundamental                   application not being considered for
professor level who have some record of     measurement method or to a better             funding.
accomplishment are especially               understanding of important, but already
encouraged in view of the comparative                                                     Preaward Activities
                                            existing, measurement methods or
difficulty aspiring researchers have in     physical standards?                             Applicants that incur any costs prior
obtaining funds.                               3. The feasibility of the research—is it   to an award being made do so solely at
  Typical projects which have been          likely that significant progress can be       their own risk of not being reimbursed
funded through the NIST Precision           made in a three year time period with         by the Government. Applicants are also
Measurement Grants Program include:         the funds and personnel available?            hereby notified that, notwithstanding
6726                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

any verbal assurance that they may have     Name Check Reviews                          products with funding provided under
received, there is no obligation on the       All for-profit and nonprofit applicants   this program.
part of DoC to cover pre-award costs.       will be subject to a name check review      Indirect Costs
Primary Application Certification           process. Name checks are intended to          The total dollar amount of the indirect
                                            reveal if any key individuals associated    costs proposed in an application under
   All primary applicants must submit a
                                            with the applicant have been convicted      this program must not exceed the
completed Form CD–511,
                                            of, or are presently facing criminal        indirect cost rate negotiated and
‘‘Certifications Regarding Debarment,
                                            charges such as fraud, theft, perjury, or   approved by a cognizant Federal agency
Suspension and Other Responsibility
                                            other matters which significantly reflect   prior to the proposed effective date of
Matters; Drug-Free Workplace
                                            on the applicant’s management honesty       the award or 100 percent of the total
Requirements and Lobbying,’’ and the
                                            or financial integrity.                     proposed direct costs dollar amount in
following explanations must be
provided.                                   Executive Order Statement                   the application, whichever is less.
   1. Nonprocurement Debarment and            This funding notice was determined          Dated: February, 4, 1998.
Suspension. Prospective participants (as    to be not significant for purposes of       Robert E. Hebner,
defined at 15 CFR Part 26, Section 105)     Executive Order 12866.                      Acting Deputy Director.
are subject to 15 CFR Part 26,                                                          [FR Doc. 98–3311 Filed 2–9–98; 8:45 am]
‘‘Nonprocurement Debarment and              False Statements
                                                                                        BILLING CODE 3510–13–M
Suspension’’ and the related section of       Applicants are reminded that a false
the certification form prescribed above     statement on an application is grounds
applies;                                    for denial or termination of funds and      DEPARTMENT OF COMMERCE
   2. Drug Free Workplace. Grantees (as     grounds for possible punishment by fine
defined at 15 CFR Part 26, Section 605)     or imprisonment as provided in 18           National Oceanic and Atmospheric
are subject to 15 CFR Part 26, Subpart      U.S.C. 1001.                                Administration
F, ‘‘Governmentwide Requirements for
                                            Delinquent Federal Debts                    [I.D. 020298C]
Drug-Free Workplace (Grants)’’ and the
related section of the certification form      No award of Federal funds shall be       Pacific Fishery Management Council;
prescribed above applies;                   made to an applicant who has an             Public Meetings and Hearings
   3. anti-Lobbying. Persons (as defined    outstanding delinquent Federal debt
at 15 CFR Part 28, Section 105) are         until either:                               AGENCY:  National Marine Fisheries
subject to the lobbying provisions of 31                                                Service (NMFS), National Oceanic and
                                            1. The delinquent account is paid in
U.S.C. 1352, ‘‘Limitation on use of                                                     Atmospheric Administration (NOAA),
                                               full;
appropriated funds to influence certain                                                 Commerce.
                                            2. A negotiated repayment schedule is
Federal contracting and financial              established and at least one payment     ACTION: Notice of availability of reports;
transactions,’’ and the lobbying section       is received; or                          notice of public meetings and hearings.
of the certification form prescribed        3. Other arrangements satisfactory to
above applies to applications/bids for                                                  SUMMARY:   The Pacific Fishery
                                               DoC are made.                            Management Council (Council) has
grants, cooperative agreements, and
contracts for more than $100,000, and       No Obligation for Future Funding            begun its annual preseason management
loans and loan guarantees for more than                                                 process for the 1998 ocean salmon
                                               In an application is accepted for        fisheries. This notice announces the
$150,000, or the single family maximum      funding, DoC has no obligation to
mortgage limit for affected programs,                                                   availability of Council documents and
                                            provide any additional future funding in    the dates and locations of Council
whichever is greater; and                   connection with that award. Renewal of
   4. Anti-Lobbying Disclosure. Any                                                     meetings and public hearings. These
                                            an award, increased funding, or             actions comprise the complete schedule
applicant that has been paid or will pay    extending the period of performance is
for lobbying using any funds must                                                       of events followed by the Council for
                                            at the total discretion of NIST.            determining the annual proposed and
submit an SF–LLL, ‘‘Disclosure of
Lobbying Activities,’’ as required under    Federal Policies and Procedures             final modifications to ocean salmon
15 CFR Part 28, Appendix B.                                                             management measures.
                                               Recipients and subrecipients under
   5. Lower Tier Certifications. Grant                                                  DATES: Written comments on the season
                                            the Precision Measurement Grants
recipients shall require applicants/        Program are subject to all Federal laws     options must be received by April 2,
bidders for subgrants, contracts,           and Federal and Departmental policies,      1998.
subcontracts, or other lower tier covered   regulations, and procedures applicable      ADDRESSES: Written comments should
transactions at any tier under the award    to Federal financial assistance awards.     be sent to Lawrence D. Six, Executive
to submit, if applicable, a completed       The Precision Measurement Grants            Director, Pacific Fishery Management
Form CD–512, ‘‘Certifications Regarding     Program does not directly affect any        Council, 2130 SW Fifth Avenue, Suite
Debarment, Suspension, Ineligibility        state or local government. Applications     224, Portland, OR 97201; telephone:
and Voluntary Exclusion-Lower Tier          under this program are not subject to       (503) 326–6352. See SUPPLEMENTARY
Covered Transactions and Lobbying’’         Executive Order 12372,                      INFORMATION for dates, times, and
and disclosure form, SF–LLL,                ‘‘Intergovernmental Review of Federal       locations of public meetings and
‘‘Disclosure of Lobbying Activities.’’      Programs.’’                                 hearings.
Form CD–512 is intended for the use of                                                     Council address: Pacific Fishery
recipients and should not be transmitted    Buy American-Made Equipment or              Management Council, 2130 SW Fifth
to DoC. SF–LLL submitted by any tier        Products                                    Avenue, Suite 224, Portland, OR 97201.
recipient or subrecipient should be           Applicants are hereby notified that       FOR FURTHER INFORMATION CONTACT: John
submitted to DoC in accordance with         they are encouraged, to the greatest        Coon, Salmon Management Coordinator;
the instructions contained in the award     extent practicable, to purchase             telephone: (503) 326–6352.
document.                                   American-made equipment and                 SUPPLEMENTARY INFORMATION:
                       Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                                  6727

  March 2, 1998: Council reports which      Requests for sign language                         Permit No. 965 (P66j) is now amended
summarize the 1997 salmon season and        interpretation or other auxiliary aids          for: Underwater capture of 10 additional
project the expected salmon stock           should be directed to Mr. Eric Greene at        (25 total) juvenile Steller sea lions,
abundance for 1998 are available to the     (503) 326–6352 at least 5 days prior to         Eumetopias jubatus, through use of a
public from the Council office.             the meeting date.                               leash around each animal’s neck, with
  March 9–13, 1998: Council and               Dated: February 4, 1998.                      the opposite end of the leash attached
advisory entities meet at the Clarion                                                       to a buoy at the surface; and use of
                                            Bruce C. Morehead,
Hotel, 401 East Millbrae Avenue,                                                            diazepam, xylazine, or medetomidine as
                                            Acting Director, Office of Sustainable
Millbrae, California, to adopt 1998                                                         a sedative with either flumazenil,
                                            Fisheries, National Marine Fisheries Service.
regulatory options for public review.                                                       tolazoline, or atipamezole as the
                                            [FR Doc. 98–3330 Filed 2–9–98; 8:45 am]
  March 25, 1998: Report with proposed                                                      reversal agent.
management options and public hearing       BILLING CODE 3510–22–F
                                                                                               Issuance of this amendment, as
schedule is mailed to the public. (The                                                      required by the ESA was based on a
report includes options, rationale, and                                                     finding that such permit (1) was applied
                                            DEPARTMENT OF COMMERCE
summary of biological and economic                                                          for in good faith, (2) will not operate to
impacts.)                                   National Oceanic and Atmospheric                the disadvantage of the endangered
  March 30–April 7, 1998: Public            Administration                                  species which is the subject of this
hearings are held to receive comments                                                       permit, and (3) is consistent with the
on the proposed ocean salmon fishery        [I.D. 020498C]                                  purposes and policies set forth in
regulatory options adopted by the                                                           section 2 of the ESA.
Council. All public hearings begin at 7     Marine Mammals
                                                                                              Dated: January 30, 1998.
p.m. on the dates and at the locations      AGENCY:  National Marine Fisheries              Ann D. Terbush,
specified below:                            Service (NMFS), National Oceanic and            Chief, Permits and Documentation Division,
  March 30, 1998: Westport High             Atmospheric Administration (NOAA),              Office of Protected Resources, National
School Commons, 2850 S. Montesano           Commerce.                                       Marine Fisheries Service.
Street, Westport, WA.                       ACTION: Issuance of permit amendment.           [FR Doc. 98–3331 Filed 2–9–98; 8:45 am]
  March 30, 1998: Pony Village Motor
                                                                                            BILLING CODE 3510–22–F
Lodge, Ballroom, Virginia Avenue,           SUMMARY:    Notice is hereby given that
North Bend, OR.                             Alaska Department of Fish and Game,
  March 31, 1998: Shilo Inn, Wilson         P.O. Box 25526, Juneau, AK 99802–5526
River Room, 2535 North Main,                has been issued an amendment to                 COMMITTEE FOR THE
Tillamook, OR.                              scientific research Permit No. 965              IMPLEMENTATION OF TEXTILE
  March 31, 1998: Red Lion Inn,             (P66j).                                         AGREEMENTS
Evergreen Room, 1929 Fourth Street,         ADDRESSES: The amendment and related
Eureka, CA.                                                                                 Increase of a Guaranteed Access Level
                                            documents are available for review              for Certain Cotton and Man-Made Fiber
  April 1, 1998: Red Lion’s Sacramento      upon written request or by appointment
Inn, Yosemite Room, 1401 Arden Way,                                                         Textile Products Produced or
                                            in the following office(s):                     Manufactured in El Salvador
Sacramento, CA.                                Permits and Documentation Division,
  April 6–10, 1998: Council and its         Office of Protected Resources, NMFS,            February 4, 1998.
advisory entities meet at the Doubletree    1315 East-West Highway, Room 13705,             AGENCY:  Committee for the
Hotel - Columbia River, Portland, OR, to    Silver Spring, MD 20910 (301/713–               Implementation of Textile Agreements
adopt final 1998 regulatory measures.       2289);                                          (CITA).
  April 17, 1998: Newsletter describing        Regional Administrator, Alaska               ACTION: Issuing a directive to the
adopted ocean salmon fishing                Region, National Marine Fisheries               Commissioner of Customs increasing a
management measures is mailed to the        Service, NOAA, P.O. Box 21668, Juneau,          guaranteed access level.
public.                                     AK 99802–1668.
  April 11–22, 1998: Salmon Technical                                                       EFFECTIVE DATE:     February 11, 1998.
                                            FOR FURTHER INFORMATION CONTACT: Sara
Team completes ‘‘Preseason Report III                                                       FOR FURTHER INFORMATION CONTACT:       Roy
Analysis of Council Adopted Regulatory      Shapiro or Ruth Johnson, 301/713–2289.
                                            SUPPLEMENTARY INFORMATION: On
                                                                                            Unger, International Trade Specialist,
Measures for 1998 Ocean Salmon                                                              Office of Textiles and Apparel, U.S.
Fisheries.’’                                December 23, 1997, notice was
                                            published in the Federal Register (62           Department of Commerce, (202) 482–
  May 1, 1998: Federal regulations                                                          4212. For information on the quota
implemented and Preseason Report III        FR 67053) that an amendment of Permit
                                            No. 965, issued June 19, 1995 (60 FR            status of this level, refer to the Quota
available for distribution to the public.                                                   Status Reports posted on the bulletin
  Although other issues not contained       34233), had been requested by the
                                            above-named [individual/organization].          boards of each Customs port or call
in this agenda may come before this                                                         (202) 927–5850. For information on
Council for discussion, in accordance       The requested amendment has been
                                            granted under the authority of the              embargoes and quota re-openings, call
with the Magnuson-Stevens Fishery                                                           (202) 482–3715.
Conservation and Management Act,            Marine Mammal Protection Act of 1972,
those issues may not be the subject of      as amended (16 U.S.C. 1361 et seq.), the        SUPPLEMENTARY INFORMATION:
formal Council action during this           provisions of § 216.39 of the Regulations         Authority: Section 204 of the Agricultural
meeting. Council action will be             Governing the Taking and Importing of           Act of 1956, as amended (7 U.S.C. 1854);
restricted to those issues specifically     Marine Mammals (50 CFR part 216), the           Executive Order 11651 of March 3, 1972, as
                                            Endangered Species Act of 1973, as              amended.
identified in the agenda listed in this
notice.                                     amended (ESA; 16 U.S.C. 1531 et seq.),            Upon a request from the Government
                                            and the provisions of § 222.25 of the           of El Salvador, the U.S. Government has
Special Accommodations                      regulations governing the taking,               agreed to increase the current
  The meetings are physically               importing, and exporting of endangered          guaranteed access level for Categories
accessible to people with disabilities.     fish and wildlife (50 CFR 222.23).              352/652 to 12,000,000 dozen.
6728                     Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

  A description of the textile and             U.S.C. Chapter 35), the Federal             Washington, DC 20405, telephone (202)
apparel categories in terms of HTS             Acquisition Regulation (FAR)                501–4755. Please cite OMB Control No.
numbers is available in the                    Secretariat will be submitting to the       9000–0012, Termination Settlement
CORRELATION: Textile and Apparel               Office of Management and Budget             Proposal Forms—FAR (SF’s 1435
Categories with the Harmonized Tariff          (OMB) a request to review and approve       through 1440), in all correspondence.
Schedule of the United States (see             an extension of a currently approved          Dated: Febuary 5, 1998.
Federal Register notice 62 FR 66057,           information collection requirement          Sharon A. Kiser,
published on December 17, 1997). Also          concerning Termination Settlement
                                                                                           FAR Secretariat.
see 62 FR 67623, published on                  Proposal Forms—FAR (Standard Forms
December 29, 1997.                             1435 through 1440). The clearance           [FR Doc. 98–3284 Filed 2–9–98; 8:45 am]
Troy H. Cribb,                                 currently expires on May 31, 1998.          BILLING CODE 6820–34–P

Chairman, Committee for the Implementation     DATES: Comments may be submitted on
of Textile Agreements.                         or before April 13, 1998.                   DEPARTMENT OF DEFENSE
Committee for the Implementation of Textile    FOR FURTHER INFORMATION CONTACT:
Agreements                                     Linda Klein, Federal Acquisition Policy     Department of the Navy
February 4, 1998.                              Division, GSA (202) 501–3775.
Commissioner of Customs,                       ADDRESSES: Comments regarding this          Availability of Government Owned
Department of the Treasury, Washington, DC     burden estimate or any other aspect of      Inventions for Licensing
     20229.                                    this collection of information, including
   Dear Commissioner: This directive                                                       AGENCY:  Department of the Navy, DoD.
                                               suggestions for reducing this burden,
amends, but does not cancel, the directive     should be submitted to: FAR Desk            ACTION: Notice of availability of
issued to you on December 19, 1997, by the                                                 government owned inventions for
Chairman, Committee for the Implementation     Officer, OMB, Room 10102, NEOB,
                                               Washington, DC 20503, and a copy to         licensing.
of Textile Agreements. That directive
concerns imports of certain cotton and man-    the General Services Administration,
                                                                                           SUMMARY:   The inventions listed below
made fiber textile products, produced or       FAR Secretariat, 1800 F Street, NW,
manufactured in El Salvador and exported                                                   are assigned to the United States
                                               Room 4037, Washington, DC 20405.
during the periods January 1, 1998 through                                                 Government as represented by the
                                               Please cite OMB Control No. 9000–0012,
March 26, 1998 and January 1, 1998 through                                                 Secretary of the Navy and are made
                                               Termination Settlement Proposal—FAR
December 31, 1998.                                                                         available for licensing by the
   Effective on February 11, 1998, you are
                                               (SF’s 1435 through 1440), in all
                                                                                           Department of the Navy.
directed to increase the guaranteed access     correspondence.
                                               FOR FURTHER INFORMATION CONTACT:            ADDRESSES:
level for Categories 352/652 to 12,000,000
dozen for the period January 1, 1998 through   Linda Klein, Federal Acquisition Policy        Patents—Copies of patents cited are
March 26, 1998.                                Division, GSA (202) 501–3775.               available from the Commissioner of
   The Committee for the Implementation of
                                               SUPPLEMENTARY INFORMATION:
                                                                                           Patents and Trademarks, Washington,
Textile Agreements has determined that this                                                D.C. 20231, for $3.00 each. Requests for
action falls within the foreign affairs        A. Purpose                                  copies of patents must include the
exception of the rulemaking provisions of 5
                                                  The termination settlement proposal      patent number.
U.S.C. 553(a)(1).
   Sincerely,                                  forms (Standard Forms 1435 through             Patent applications—Copies of patent
Troy H. Cribb,                                 1440) provide a standardized format for     applications cited are available from the
Chairman, Committee for the Implementation     listing essential cost and inventory        National Technical Information Service
of Textile Agreements.                         information needed to support the           (NTIS), Springfield, Virginia 22161 for
[FR Doc. 98–3304 Filed 2–9–98; 8:45 am]        terminated contractor’s negotiation         $6.95 each ($10.95 outside North
                                               position. Submission of the information     American Continent). Requests for
BILLING CODE 3510–DR–F
                                               assures that a contractor will be fairly    copies of patent applications must
                                               reimbursed upon settlement of the           include the patent application serial
                                               terminated contract.                        number. Claims are deleted from the
DEPARTMENT OF DEFENSE                                                                      copies of patent applications sold to
                                               B. Annual Reporting Burden                  avoid premature disclosure.
General Services Administration
                                                 Public reporting burden for this          FOR FURTHER INFORMATION CONTACT: Mr.
National Aeronautics and Space                 collection of information is estimated to   R.J. Erickson, Staff Patent Attorney,
Administration                                 average 2.5 hours per response,             Office of Naval Research (Code OOCC),
                                               including the time for reviewing            Arlington, VA 22217–5660, telephone
[OMB Control No. 9000–0012]                    instructions, searching existing data       (703) 696–4001.
                                               sources, gathering and maintaining the
Proposed Collection; Comment                                                               SUPPLEMENTARY INFORMATION: The
                                               data needed, and completing and
Request Entitled Termination                                                               following patents are available for
                                               reviewing the collection of information.
Settlement Proposal Forms—FAR                    The annual reporting burden is            licensing:
(Standard Forms 1435 through 1440)             estimated as follows: Respondents, 600;        Patent 5,595,635: APPARATUS FOR
AGENCIES: Department of Defense (DOD),         responses per respondent, 1; total          MEASURING LEAD CONTENT OF
General Services Administration (GSA),         annual responses, 600; preparation          WATER; filed 8 September 1995;
and National Aeronautics and Space             hours per response, 2.5; and total          patented 21 January 1997.
Administration (NASA).                         response burden hours, 15,000.                 Patent 5,600,335: HIGH-POWER
ACTION: Notice of request for public
                                                                                           BROADBAND ANTENNA; filed 21
                                               Obtaining Copies of Proposals               December 1994; patented 4 February
comments regarding an extension to an
existing OMB clearance (9000–0012).              Requester may obtain a copy of the        1997.
                                               justification from the General Services        Patent 5,600,340: WIDEBAND OMNI-
SUMMARY: Under the provisions of the           Administration, FAR Secretariat             DIRECTIONAL ANTENNA; filed 13
Paperwork Reduction Act of 1995 (44            (MVRS), 1800 F Street, NW, Room 4037,       April 1995; patented 4 February 1997.
                     Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices                       6729

   Patent 5,600,440: LIQUID CRYSTAL         Patent 5,625,605: OPTIC BUNDLE          PROJECTILE; filed 7 February 1996;
INTERFEROMETER; filed 5 July 1995;       TOWED ARRAY; filed 13 September            patented 3 June 1997.
patented 4 February 1997.                1983; patented 29 April 1997.                 Patent 5,636,180: SYSTEM FOR
   Patent 5,602,403: ION                    Patent 5,626,166: TEMPERATURE           PREVENTING BIOFOULING OF
IMPLANTATION BURIED GATE                 CONTROL VALVE WITHOUT MOVING               SURFACES EXPOSED TO WATER; filed
INSULATOR FIELD EFFECT                   PARTS; filed 7 February 1996; patented     16 August 1995; patented 3 June 1997.
TRANSISTOR; filed 1 March 1991;          6 May 1997.                                   Patent 5,636,248: METHOD AND
patented 11 February 1997.                  Patent 5,627,339: ENERGETIC             SYSTEM FOR REGENERATING
   Patent 5,602,751: METHOD AND          COMPOSITIONS CONTAINING NO                 AMPLITUDE AND TIMING
APPARATUS FOR SPECTRUM                   VOLATILE SOLVENTS; filed 28 March          CHARACTERISTICS OF AN ANALOG
ANALYSIS BY COMPLEX                      1996; patented 6 May 1997.                 SIGNAL; filed 4 October 1994; patented
CUMULANTS; filed 28 February 1995;          Patent 5,627,521: PERSONAL              3 June 1997.
patented 11 February 1997.               MICROWAVE AND RADIO                           Patent 5,636,307: FIBER OPTIC
   Patent 5,610,598: MISSILE             FREQUENCY DETECTOR; filed 9 May            MICROCABLE PRODUCED WITH
TELEMETRY DATA INTERFACE                 1994; patented 6 May 1997.                 RADIATION CURED COMPOSITE; filed
CIRCUIT; filed 18 March 1996; patented      Patent 5,628,974: PROCESS FOR           22 November 1993; patented 3 June
11 March 1997.                           TREATING BY-PRODUCTS OF                    1997.
   Patent 5,612,929: SPECTRAL            LITHIUM/SULFUR HEXAFLUORIDE;                  Patent 5,637,825: CONTROL LINE
PROCESSOR AND RANGE DISPLAY              filed 7 July 1995; patented 13 May 1997.   SPOOL; filed 17 January 1996; patented
UNIT; filed 27 December 1995; patented      Patent 5,629,248: MODIFIED              10 June 1997.
18 March 1997.                           GERMANIUM SULFIDE GLASS; filed                Patent 5,637,826: METHOD AND
   Patent 5,615,632: UNDERWATER          10 October 1995; patented 13 May 1997.     APPARATUS FOR OPTIMAL
VEHICLE AND A FIN ASSEMBLY                  Patent 5,631,406: CHEMICAL              GUIDANCE; filed 7 February 1996;
THEREFOR; filed 7 February 1996;         COMPOUNDS; filed 30 March 1981;            patented 10 June 1997.
patented 1 April 1997.                   patented 20 May 1997.                         Patent 5,637,865: FIBER OPTIC SELF-
   Patent 5,615,847: SUBMARINE              Patent 5,631,877: NARROWBAND            MULTIPLEXING AMPLIFIED RING
LAUNCHED UNMANNED AERIAL                 SIGNAL REVEALER; filed 11 January          TRANSDUCER AND FORCE
VEHICLE; filed 11 September 1995;        1996; patented 20 May 1997.                TRANSFER SENSOR WITH PRESSURE
patented 1 April 1997.                      Patent 5,632,218: DEBRIS                COMPENSATION; filed 11 June 1996;
   Patent 5,617,352: NON-VOLATILE,       DEFLECTOR; filed 5 August 1996;            patented 10 June 1997.
BIDIRECTIONAL, ELECTRICALLY              patented 27 May 1997.                         Patent 5,637,883: OPTICALLY
PROGRAMMABLE INTEGRATED                     Patent 5,632,580: MILLING MACHINE       ADDRESSED SPATIAL LIGHT
MEMORY ELEMENT IMPLEMENTED               EXTENSION; filed 31 March 1995;            MODULATOR USING AN INTRINSIC
USING DOUBLE POLYSILICON; filed          patented 27 May 1997.                      SEMICONDUCTOR ACTIVE
13 December 1995; patented 1 April          Patent 5,632,655: ELECTRICAL            MATERIAL AND HIGH RESISTIVITY
1997.                                    CONNECTOR WITH REPLACEABLE                 CLADDING LAYERS; filed 27 February
   Patent 5,617,869: DEVICE AND          MALE PINS; filed 20 March 1995;            1995; patented 10 June 1997.
METHOD FOR LOCATING FLOW                 patented 27 May 1997.                         Patent 5,638,004:
BLOCKAGE IN A THREE-                        Patent 5,632,658: TRACTOR               MULTICONDUCTOR CONTINUITY
DIMENSIONAL OBJECT; filed 16 June        PRODDED PROPULSOR FOR SURFACE              AND INTERMITTENT FAULT
1995; patented 8 April 1997.             SHIPS; filed 21 May 1996; patented 27      ANALYZER WITH DYNAMIC
   Patent 5,619,079: EMI LINE FILTER;    May 1997.                                  STIMULATION; filed 16 May 1995;
filed 28 July 1995; patented 8 April        Patent 5,632,659: COMBUSTION            patented 10 June 1997.
1997.                                    CHAMBER DRAIN SYSTEM; filed 20                Patent 5,639,022: SUPERSONIC
   Patent 5,619,432: DISCRIMINATE        February 1996; patented 27 May 1997.       FLUID DISPERSING INJECTOR; filed 30
REDUCTION DATA PROCESSOR; filed             Patent 5,633,748: FIBER OPTIC           November 1994; patented 17 June 1997.
5 April 1995; patented 8 April 1997.     BRAGG GRATING DEMODULATOR                     Patent 5,639,318: OXIDATION
   Patent 5,619,945: DRAG REDUCTION      AND SENSOR INCORPORATING                   RESISTANT COPPER; filed 24 August
POLYMER EJECTION SYSTEM FOR              SAME; filed 5 March 1996; patented 27      1995; patented 17 June 1997.
UNDERWATER VEHICLE; filed 16             May 1997.                                     Patent 5,639,968: OPTICAL FIBER
January 1996; patented 15 April 1997.       Patent 5,633,960: SPATIALLY             STRAIN-TO-FAILURE SENSOR; filed
   Patent 5,623,096: ORTHOGONAL          AVERAGING FIBER OPTIC                      23 October 1995; patented 17 June 1997.
SHEAR STRESS MEASUREMENT                 ACCELEROMETER SENSORS; filed 25               Patent 5,639,982: MEANS TO FIRE A
PROBE ASSEMBLY FOR BOUNDARY              September 1996; patented 27 May 1997.      FULLY AUTOMATIC GUN
LAYER FLOW; filed 19 June 1995;             Patent 5,634,246: SNAP SWIVEL           UNDERWATER USING A SPECIAL
patented 22 April 1997.                  HOOK ASSEMBLY INCORPORATING                BARREL CLEARANCE BLANK ROUND;
   Patent 5,623,524: METHOD AND          BALL SWIVEL AND RECESSED HOOK              filed 23 May 1996; patented 17 June
APPARATUS FOR MEASURING THE              LATCH RELEASE MECHANISM; filed             1997.
DEPTH OF AN UNDERWATER                   20 November 1995; patented 3 June             Patent 5,641,189: MULTIPLE STRAP
TARGET; filed 1 March 1967; patented     1997.                                      CARRIER; filed 17 November 1995;
22 April 1997.                              Patent 5,635,144: LOW                   patented 24 June 1997.
   Patent 5,625,146: METHOD AND          TEMPERATURE PLASMA FILM                       Patent 5,641,440: SINTERING AIDS
SYSTEM FOR DETERMINING AXIAL             DEPOSITION USING DIELECTRIC                FOR PRODUCING BAO.AL2O3.2SIO2
MODULUS; filed 18 December 1995;         CHAMBER AS SOURCE MATERIAL;                AND SRO.AL2O3.2SIO2 CERAMIC
patented 29 April 1997.                  filed 24 January 1996; patented 3 June     MATERIALS; filed 26 July 1995;
   Patent 5,625,320: DIFFERENTIAL        1997.                                      patented 24 June 1997.
PREAMPLIFIER AND PRE-EMPHASIS               Patent 5,635,662: METHOD AND               Patent 5,641,936: ACTIVE INFRARED
NETWORK; filed 7 October 1994;           APPARATUS FOR AVOIDING                     FUZE; filed 11 September 1964;
patented 29 April 1997.                  DETECTION BY A THREAT                      patented 24 June 1997.
6730                  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / Notices

   Patent 5,642,329: METHOD FOR               Patent application 08/704,029:       Patent application 08/791,433:
DOUBLING THE RESOLVING POWER               ENERGETIC FLUORONITRO                APPARATUS AND METHOD OF
OF A SONAR ARRAY AND A SONAR               PREPOLYMER; filed 2