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Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000

The FEDERAL REGISTER is published daily, Monday throughFriday, except official holidays, by the Office of the FederalRegister, National Archives and Records Administration,Washington, DC 20408, under the Federal Register Act (44 U.S.C.Ch. 15) and the regulations of the Administrative Committee ofthe Federal Register (1 CFR Ch. I). The Superintendent ofDocuments, U.S. Government Printing Office, Washington, DC20402 is the exclusive distributor of the official edition.The Federal Register provides a uniform system for makingavailable to the public regulations and legal notices issued byFederal agencies. These include Presidential proclamations andExecutive Orders, Federal agency documents having generalapplicability and legal effect, documents required to be publishedby act of Congress, and other Federal agency documents of publicinterest.Documents are on file for public inspection in the Office of theFederal Register the day before they are published, unless theissuing agency requests earlier filing. For a list of documentscurrently on file for public inspection, see http://www.nara.gov/fedreg.The seal of the National Archives and Records Administrationauthenticates the Federal Register as the official serial publicationestablished under the Federal Register Act. Under 44 U.S.C. 1507,the contents of the Federal Register shall be judicially noticed.The Federal Register is published in paper and on 24x microfiche.It is also available online at no charge as one of the databaseson GPO Access, a service of the U.S. Government Printing Office.The online edition of the Federal Register is issued under theauthority of the Administrative Committee of the Federal Registeras the official legal equivalent of the paper and microfiche editions(44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. eachday the Federal Register is published and it includes both textand graphics from Volume 59, Number 1 (January 2, 1994) forward.GPO Access users can choose to retrieve online Federal Registerdocuments as TEXT (ASCII text, graphics omitted), PDF (AdobePortable Document Format, including full text and all graphics),or SUMMARY (abbreviated text) files. Users should carefully checkretrieved material to ensure that documents were properlydownloaded.On the World Wide Web, connect to the Federal Register at http://www.access.gpo.gov/nara. Those without World Wide Web accesscan also connect with a local WAIS client, by Telnet toswais.access.gpo.gov, or by dialing (202) 512-1661 with a computerand modem. When using Telnet or modem, type swais, then login as guest with no password.For more information about GPO Access, contact the GPO AccessUser Support Team by E-mail at [email protected]; by fax at(202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (tollfree) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday,except Federal holidays.The annual subscription price for the Federal Register paperedition is $638, or $697 for a combined Federal Register, FederalRegister Index and List of CFR Sections Affected (LSA)subscription; the microfiche edition of the Federal Registerincluding the Federal Register Index and LSA is $253. Six monthsubscriptions are available for one-half the annual rate. The chargefor individual copies in paper form is $9.00 for each issue, or$9.00 for each group of pages as actually bound; or $2.00 foreach issue in microfiche form. All prices include regular domesticpostage and handling. International customers please add 25% forforeign handling. Remit check or money order, made payable tothe Superintendent of Documents, or charge to your GPO DepositAccount, VISA, MasterCard or Discover. Mail to: New Orders,Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA15250–7954.There are no restrictions on the republication of material appearingin the Federal Register.How To Cite This Publication: Use the volume number and thepage number. Example: 65 FR 12345.

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FEDERAL REGISTER WORKSHOP

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FOR: Any person who uses the Federal Register and Code of FederalRegulations.

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Contents Federal Register

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Vol. 65, No. 166

Friday, August 25, 2000

Agriculture DepartmentSee Forest ServiceSee Rural Utilities Service

Army DepartmentNOTICESPatent licenses; non-exclusive, exclusive, or partially

exclusive:Adaptation of virus to vertebrate cells, 51812Anthrax vaccine, 51812–51813Attenuated dengue-1 virus vaccine, 51813Attenuated dengue-2 virus vaccine, 51813Attenuated dengue-3 virus vaccine, 51813Attenuated dengue-4 virus vaccine, 51814Multivalent dengue virus vaccine, 51814

Blind or Severely Disabled, Committee for Purchase FromPeople Who Are

See Committee for Purchase From People Who Are Blindor Severely Disabled

Bonneville Power AdministrationNOTICESFloodplain and wetlands protection; environmental review

determinations; availability, etc.:Tanner Electric transmission line project, WA, 51817–

51820

Centers for Disease Control and PreventionNOTICESMeetings:

Clinical Laboratory Improvement Advisory Committee,51832

Public Health Service Activities and Research at DOESites Citizens Advisory Committee, 51832–51833

Vessel sanitation program:Cruise ship sanitation inspections; fees, 51833

Civil Rights CommissionNOTICESMeetings; State advisory committees:

Virginia, 51795

Coast GuardPROPOSED RULESDrawbridge operations:

Florida, 51787–51788NOTICESTank vessels; gross tonnage reduction; waiver applications:

Marine Chemical Navigation Corp.; MARINE CHEMIST,51892–51893

Commerce DepartmentSee Economic Development AdministrationSee Foreign-Trade Zones BoardSee International Trade AdministrationSee National Institute of Standards and TechnologySee National Oceanic and Atmospheric AdministrationSee Patent and Trademark OfficeNOTICESAgency information collection activities:

Submission for OMB review; comment request, 51795–51796

Committee for Purchase From People Who Are Blind orSeverely Disabled

NOTICESProcurement list; additions and deletions, 51794–51795

Defense DepartmentSee Army Department

Economic Development AdministrationNOTICESTrade adjustment assistance eligibility determination

petitions:Southwestern Glass Co., Inc., et al., 51796

Education DepartmentNOTICESAgency information collection activities:


Meetings:Student Financial Assistance Advisory Committee,

51815–51816

Employment and Training AdministrationPROPOSED RULESAliens:

Permanent employment in U.S.; labor certificationprocess—

Guidelines, 51777–51779NOTICESAdjustment assistance:

Duke Energy Field Services, 51849House of Perfection, Inc., 51849–51850PED Oil Corp., 51850Staffing Solutions, 51850

Adjustment assistance and NAFTA transitional adjustmentassistance:

Holmes Group, 51847Precision Headed Products et al., 51847–51849

Federal-State unemployment compensation program:Unemployment insurance benefit accuracy measurement

program data (1999 CY); availability, 51850–51852NAFTA transitional adjustment assistance:

Charles Craft, Inc., 51852–51853House of Perfection, Inc., 51853

Employment Standards AdministrationNOTICESMinimum wages for Federal and federally-assisted

construction; general wage determination decisions,51853–51854

Energy DepartmentSee Bonneville Power AdministrationSee Federal Energy Regulatory CommissionNOTICESGrants and cooperative agreements; availability, etc.:

Natural gas-powered vehicle exhaust particle samplingstudy, 51816–51817

Outstanding Junior Investigator Program, 51817

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IV Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Contents

Environmental Protection AgencyNOTICESAgency information collection activities:


Air pollution control:Alkyl-lead; national action plan, 51823–51825Octachlorostyrene; national action plan, 51825–51826

Environmental statements; availability, etc.:Agency statements—

Comment availability, 51827Weekly receipts, 51826–51827

Project XL (excellence and leadership) innovativetechnology projects:

Chicago, IL; regional air quality and economicdevelopment projects, 51827–51828

Reports and guidance documents; availability, etc.:Hepatitis B virus, protocol for testing efficacy of

disinfectants against, 51828–51830Superfund; response and remedial actions, proposed

settlements, etc.:St. Louis River Site, MN, 51830–51831

Federal Aviation AdministrationRULESAirworthiness directives:

Boeing, 51750–51757Class E airspace, 51757–51758PROPOSED RULESAirworthiness directives:

Airbus, 51775–51777NOTICESMeetings:

RCTA, Inc., 51894Passenger facility charges; applications, etc.:

Cleveland Hopkins International Airport, OH, 51894–51895

Golden Triangle Regional Airport, Columbus, MS, 51895

Federal Communications CommissionRULESCommon carrier services:

International common carriers; biennial regulatory reviewCable landing licenses; correction, 51768–51769

Radio stations; table of assignments:Wyoming, 51769

PROPOSED RULESRadio services, special:

Private land mobile services—Public safety 700 MHz band, 51788–51792

NOTICESCommon carrier services:

Wireless telecommunications services—Phase I Enhanced 911; implementation issues, 51831

Federal Energy Regulatory CommissionNOTICESElectric rate and corporate regulation filings:

ISO New England Inc. et al., 51820–51822New England Power Pool et al., 51822

Applications, hearings, determinations, etc.:California Power Exchange Corp.; correction, 51903Dominion Transmission, Inc.; correction, 51903

Federal Highway AdministrationNOTICESEnvironmental statements; availability, etc.:

Teton County, WY, 51895–51896

Federal Reserve SystemNOTICESBanks and bank holding companies:

Formations, acquisitions, and mergers, 51831

Federal Transit AdministrationNOTICESAgency information collection activities:

Submission for OMB review; comment request, 51896

Fish and Wildlife ServicePROPOSED RULESEndangered and threatened species:

Critical habitat designations—San Diego fairy shrimp; correction, 51903

NOTICESComprehensive conservation plans; availability, etc.:

DeSoto National Wildlife Refuge, NE and IA, 51842–51843

Food and Drug AdministrationRULESColor and food additives:

Meat and poultry products; substances approved, 51758–51763

PROPOSED RULESAnimal drugs, feeds, and related products:

Presubmission conferences, 51782–51787Human drugs:

Cold, cough, allergy, bronchodilator, and antiasthmaticproducts (OTC)—

Antihistamine products; administrative recordreopening, 51780–51782

NOTICESReports and guidance documents; availability, etc.:

Bottled water; feasibility of appropriate methods ofinforming customers of contents, 51833–51839

Foreign-Trade Zones BoardNOTICESApplications, hearings, determinations, etc.:

Texas, 51796–51797

Forest ServiceNOTICESEnvironmental statements; notice of intent:

Bridger-Teton National Forest, WY, 51793–51794

General Services AdministrationNOTICESEnvironmental statements; availability, etc.:

Springfield, MA; U.S. Courthouse, 51831–51832

Health and Human Services DepartmentSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee Health Care Financing AdministrationSee National Institutes of HealthSee Substance Abuse and Mental Health Services

Administration

Health Care Financing AdministrationNOTICESMeetings:

Practicing Physicians Advisory Council, 51839


VFederal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Contents

Housing and Urban Development DepartmentNOTICESGrants and cooperative agreements; availability, etc.:

Facilities to assist homeless—Excess and surplus Federal property, 51905–51941

Interior DepartmentSee Fish and Wildlife ServiceSee Land Management BureauSee National Park Service

International Trade AdministrationNOTICESAntidumping:

Top-of-the-stove stainless steel cooking ware from—Korea, 51797

Applications, hearings, determinations, etc.:University of—

Washington et al., 51797

International Trade CommissionNOTICESImport investigations:

Integrated circuit chipsets, components, and productscontaining same, 51844–51845

Stainless steel angle from—Various countries, 51845–51846

Labor DepartmentSee Employment and Training AdministrationSee Employment Standards AdministrationSee Occupational Safety and Health AdministrationSee Pension and Welfare Benefits AdministrationNOTICESAgency information collection activities:


Reports and guidance documents; availability, etc.:Workforce Investment Act; State administration methods;

development guidance, 51983–51990

Land Management BureauNOTICESEnvironmental statements; availability, etc.:

Bal’diyaka Interpretive Center, OR, 51843Resource management plans, etc.:

Modoc County et al., CA, 51843

National Highway Traffic Safety AdministrationRULESMotor vehicle safety standards:

Compressed natural gas fuel container integrity; materialand manufacturing process requirements; correction,51769–51772

National Institute of Standards and TechnologyNOTICESMeetings:

Biometric Interoperability, Performance, and AssuranceWorking Group, 51797–51799

National Institutes of HealthNOTICESAgency information collection activities:


Meetings:National Cancer Institute, 51839–51840

National Institute of Allergy and Infectious Diseases,51840

National Institute of Neurological Disorders and Stroke,51840

National Institute on Drug Abuse, 51840–51841Scientific Review Center, 51841

Reports and guidance documents; availability, etc.:Human pluripotent stem cells; research guidelines,

51975–51981

National Oceanic and Atmospheric AdministrationRULESFishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone—Deep-water species, 51772

West Coast States and Western Pacific fisheries--Western Pacific pelagic, 51991–51996

NOTICESGrants and cooperative agreements; availability, etc.:

Climate and Global Change Program, 51799–51803National Estuarine Reserve System graduate research

fellowships, 51803–51809Meetings:

Gulf of Mexico Fishery Management Council, 51809–51810

New England Fishery Management Council, 51810North Pacific Fishery Management Council, 51810Pacific Fishery Management Council, 51811

Permits:Marine mammals, 51811–51812

National Park ServiceNOTICESMeetings:

Acadia National Park Advisory Commission, 51843–51844

Oil and gas plans of operations; availability, etc.:Padre Island National Seashore, TX; 3D seismic

operation, 51844Telecommunications facilities; construction and operation:

Golden Gate National Recreation Area, CA, 51844

Nuclear Regulatory CommissionNOTICESApplications, hearings, determinations, etc.:

Duke Energy Corp. et al., 51860–51862

Occupational Safety and Health AdministrationNOTICESAgency information collection activities:

Reporting and recordkeeping requirements, 51854–51855State plans; development, enforcement, etc.:

Oregon, 51855–51859

Patent and Trademark OfficeNOTICESSenior Executive Service:

Performance Review Board; membership, 51812

Pension and Welfare Benefits AdministrationNOTICESMeetings:

Employee Welfare and Pension Benefit Plans AdvisoryCouncil, 51859–51860

Postal Rate CommissionNOTICESDomestic rates, fees, and mail classifications:

Omnibus rate and classification request, 51943–51974


VI Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Contents

Public Health ServiceSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee National Institutes of HealthSee Substance Abuse and Mental Health Services

Administration

Research and Special Programs AdministrationNOTICESAgency information collection activities:

Reporting and recordkeeping requirements, 51897

Rural Utilities ServiceRULESElectric loans:

Minimum Times Interest Earned Ratio (TIER)requirements; reduction, 51747–51749

Telecommunications standards and specifications:Materials, equipment, and construction—

Special equipment contract (including installation),51749–51750

PROPOSED RULESTelecommunications standards and specifications:

Materials, equipment, and construction—Telecommunications system construction contract and

specifications, 51773–51775

Securities and Exchange CommissionNOTICESAgency information collection activities:

Proposed collection; comment request, 51862–51863Joint industry plan:

National Association of Securities Dealers, Inc., et al.,51878–51880

Self-regulatory organizations:Clearing agency registration applications—

Emerging Markets Clearing Corp., 51880Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 51880–51885Chicago Stock Exchange, Inc., 51886–51887National Association of Securities Dealers, Inc., 51887–

51888Philadelphia Stock Exchange, Inc., 51888–51891

Applications, hearings, determinations, etc.:First American Insurance Portfolios, Inc., et al., 51863–

51869Public utility holding company filings, 51869–51878

State DepartmentNOTICESArt objects; importation for exhibition:

Utopia: The Search for the Ideal Society in the WesternWorld, 51891

Meetings:Historical Diplomatic Documentation Advisory

Committee, 51891

Substance Abuse and Mental Health ServicesAdministration

NOTICESAgency information collection activities:

Proposed collection; comment request, 51841–51842

Tennessee Valley AuthorityNOTICESMeetings; Sunshine Act, 51891–51892

Transportation DepartmentSee Coast GuardSee Federal Aviation AdministrationSee Federal Highway AdministrationSee Federal Transit AdministrationSee National Highway Traffic Safety AdministrationSee Research and Special Programs Administration

Treasury DepartmentNOTICESAgency information collection activities:


United States Institute of PeaceNOTICESMeetings; Sunshine Act, 51900

Veterans Affairs DepartmentRULESVocational rehabilitation and education:

Veterans training—Subsistence allowance rates, 51763–51768

NOTICESAgency information collection activities:

Proposed collection; comment request, 51901Meetings:

Medical Research Service Merit Review Committee,51901–51902

Separate Parts In This Issue

Part IIDepartment of Housing and Urban Development, 51905–

51941

Part IIIPostal Rate Commission, 51943–51974

Part IVDepartment of Health and Human Services, National

Institutes of Health, 51975–51982

Part VDepartment of Labor, 51983–51990

Part VINational Oceanic and Atmospheric Administration, 51991–

51996

Reader AidsConsult the Reader Aids section at the end of this issue forphone numbers, online resources, finding aids, reminders,and notice of recently enacted public laws.


CFR PARTS AFFECTED IN THIS ISSUE

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

VIIFederal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Contents

7 CFR1710.................................517471717.................................517471718.................................517471755.................................51749Proposed Rules:1755.................................51773

14 CFR39 (3 documents) ...........51750,

51752, 5175471 (2 documents) ............51757Proposed Rules:39.....................................51775

20 CFRProposed Rules:656...................................51777

21 CFR71.....................................51758170...................................51758171...................................51758Proposed Rules:341...................................51780514...................................51782

33 CFRProposed Rules:117...................................51787

38 CFR21.....................................51763

47 CFR1.......................................5176873.....................................51769Proposed Rules:90.....................................51788

49 CFR571...................................51769

50 CFR660...................................51992679...................................51722Proposed Rules:17.....................................51903

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This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold bythe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.

Rules and Regulations Federal Register

51747

Vol. 65, No. 166


DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Parts 1710, 1717, and 1718RIN 0572–AB51

Reduction in Minimum TIERRequirements

AGENCY: Rural Utilities Service, USDA.ACTION: Final rule.

SUMMARY: The Rural Utilities Service(RUS) hereby reduces the minimumTIER (Times Interest Earned Ratio)requirement to be met by DistributionBorrowers from 1.50 to 1.25. ReducingTIER to 1.25, while retaining theexisting Debt Service Coverage (DSC),Operating Times Interest Earned Ratio(OTIER) and Operating Debt ServiceCoverage (ODSC) standards, willprovide the borrowers with theflexibility to develop new and uniquerate structures in an increasinglycompetitive retail marketplace, yet notjeopardize loan security. Conformingamendments relating to exemptions ofRUS operational controls under section306E of the Rural Electrification Act;consolidations and mergers; sale, leaseor transfer of capital assets; advanceapproval—100 percent private financingof distribution, subtransmission andheadquarters facilities, and certain othercommunity infrastructure, and mortgageand loan agreements, are also containedherein.EFFECTIVE DATE: This rule is effectiveSeptember 25, 2000.FOR FURTHER INFORMATION CONTACT:Robert O. Ellinger, ManagementAnalyst, U.S. Department ofAgriculture, Rural Utilities Service,Electric Program, Room 4023 SouthBuilding, Stop 1560, 1400Independence Ave., SW., Washington,DC 20250–1560, Telephone: 202–720–0424SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to benot significant for purposes of ExecutiveOrder 12866 and, therefore, has notbeen reviewed by the Office ofManagement and Budget (OMB).


This rule has been reviewed inaccordance with Executive Order 12988,Civil Justice Reform. RUS hasdetermined that this rule meets theapplicable standards provided insection 3 of the Executive Order. Inaccordance with the Executive Orderand the rule: (1) All state and local lawsand regulations that are in conflict withthis rule will be preempted; (2) noretroactive effect will be given to thisrule and (3) in accordance with § 212(e)of the Department of AgricultureReorganization Act of 1994 (7 U.S.C.§ 6912(e)) administrative appealsprocedure, if any are required must beexhausted prior to initiating litigationagainst the Department or its agencies.

Regulatory Flexibility Act Certification

The Administrator of RUS hasdetermined that this rule will not havesignificant impact on a substantialnumber of small entities defined in theRegulatory Flexibility Act (5 U.S.C. 601et seq.). The RUS loan program providesborrowers with loans at interest ratesand terms that are more favorable thanthose generally available from theprivate sector. Borrowers, as a result ofobtaining federal financing, receiveeconomic benefits that exceed anydirect economic costs associated withcomplying with RUS regulations andrequirements.

Information and RecordkeepingRequirements

The reporting and recordkeepingrequirements contained in the rule areapproved by the Office of Managementand Budget (OMB) pursuant to thePaperwork Reduction Act of 1995 (44U.S.C. Chapter 35) under controlnumber 0572–0032.

Unfunded Mandates

This rule contains no Federalmandates (under the regulatoryprovision of Title II of the UnfundedMandates Reform Act) for State, local,and tribal governments or the privatesector. Thus, this rule is not subject tothe requirements of sections 202 and

205 of the Unfunded Mandates ReformAct.

National Environmental Policy ActCertification

The Administrator of RUS hasdetermined that this rule will notsignificantly affect the quality of humanenvironment as defined by the NationalEnvironmental Policy Act of 1969 (42U.S.C. 4321 et seq.). Therefore, thisaction does not require anenvironmental impact statement orassessment.

Catalog of Federal Domestic Assistance

The program described by this rule islisted in the Catalog of Federal DomesticAssistance Programs under number10.850, Rural Electrification Loans andLoan Guarantees. This catalog isavailable on a subscription basis fromthe Superintendent of Documents, U.S.Government Printing Office,Washington, DC 20402–9325, telephonenumber (202) 512–1800.


This rule is excluded from the scopeof Executive Order 12372,Intergovernmental Consultation, whichmay require consultation with state andlocal offices. See the final rule relatednotice entitled ‘‘Department Programsand Activities Excluded From ExecutiveOrder 12372,’’ (50 FR 47034) advisingthat RUS loans and loan guaranteeswere not covered by Executive Order12372.

Background

On March 10, 2000, at 65 FR 12952,the Rural Utilities Service (RUS)published a proposed rule, 7 CFR Parts1710, 1717, and 1718—Reduction inMinimum TIER Requirements, whichproposed the agency reduce theminimum TIER (Times Interest EarnedRatio) requirement to be met bydistribution borrowers from 1.50 to 1.25.Conforming amendments relating toexemptions of RUS operational controlsunder section 306E of the RuralElectrification Act; consolidations andmergers; sale, lease or transfer of capitalassets; advance approval—100 percentprivate financing of distribution,subtransmission and headquartersfacilities, and certain other communityinfrastructure, and mortgage and loanagreements, were also containedtherein.

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51748 Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Rules and Regulations

Written comments on the proposedrule were received from 11 differentsources, including one statewidecooperative organization. All of thecomments were taken into considerationin preparing this final rule. Thecomments are discussed below.

Ten (10) comments stronglysupported the proposed reduction inTIER. One (1) borrower submitted acomment questioning why RUS usedthe TIER ratio as part of its loan securityreview process. The borrower stated thatDebt Service Coverage (DSC) andOperating Debt Service Coverage(ODSC) ratios are more meaningful andare more inline with what otherfinancial institutions review for loansecurity.

RUS believes it is important to retainTIER and DSC as coverage tests and notrely solely on DSC. Given the fact thatthe amortization of principal forvirtually all debt owed by borrowers isheavily back-end loaded and thatdepreciation charges substantiallyexceed principal payments now and theforeseeable future, relying solely on DSCand ODSC would allow manydistribution borrowers to operate at aloss and still meet the coverage ratio.TIER, on the other hand, provided thatit is set at least at 1.0, requires aborrower to at least break even, eitherfor its overall operations in the case ofstandard TIER, or its electric utilityoperations in the case of operating TIER.RUS dos not believe it would be in thebest interests of the rural electrificationprogram, either from the standpoint ofloan security and financial soundness orpublic support, to rely on a standardthat would allow a large number ofborrowers to operate at a loss.

RUS recognizes the importance ofestablishing appropriate and meaningfulfinancial ratios in an effort to measurea borrower’s financial stability. RUSbelieves that a thorough review of TIER(as reduced), DSC, OTIER and ODSCratios, combined with an in-depth studyof a borrower’s Annual Financial andStatistical Report, provides sufficientinformation to evaluate a borrower’scredit worthiness and help insure thatthe borrower’s overall operations arefinancially sound.

List of Subjects

7 CFR Part 1710

Electric power, Electric utilities, Loanprograms—energy, Reporting andrecordkeeping requirements, Ruralareas.

7 CFR Part 1717

Administrative practice andprocedure, Electric power, Electric

power rates, Electric utilities,Intergovernmental relations,Investments, Loan programs—energy,Reporting and recordkeepingrequirements, Rural areas.

7 CFR Part 1718

Administrative practice andprocedure, Electric power, Electricutilities, Loan programs—energy, Loansecurity documents, Reporting andrecordkeeping requirements, Ruralareas.

For the reasons set forth in thepreamble, RUS amends 7 CFR ChapterXVII as follows:

PART 1710—GENERAL AND PRE-LOAN POLICIES AND PROCEDURESCOMMON TO INSURED ANDGUARANTEED ELECTRIC LOANS

1. The authority citation for part 1710is revised to read as follows:

Authority: 7 U.S.C. 901 et seq., 1921 etseq., 6941 et seq.

2. Revise § 1710.7(c)(13)(vi)(B) and§ 1710.7(c)(14)(ii) to read as follows:

§ 1710.7 Exemptions of RUS operationalcontrols under section 306E of the RE Act.

* * * * *(c) * * *(13) * * *(vi) * * *(B) Having a pro forma TIER of not

less than 1.25 and a pro forma DSC ofnot less than 1.25 for each of the twoproceeding calendar years; and* * * * *

(14) * * *(ii) In the most recent year for which

data are available, the borrowerachieved a TIER of at least 1.25, DSC ofat least 1.25, OTIER of at least 1.1, andODSC of at least 1.1, in each case basedon the average or the best 2 out of the3 most recent years.* * * * *

3. Revise § 1710.114(b)(1) to read asfollows:

§ 1710.114 TIER, DSC, OTIER and ODSCrequirements.

* * * * *(b) Coverage ratios. (1) Distribution

borrowers. The minimum coverageratios required of distribution borrowerswhether applied on an annual oraverage basis, are a TIER of 1.25, DSCof 1.25, OTIER of 1.1, and ODSC of 1.1.OTIER and ODSC shall apply todistribution borrowers that receive aloan approved on or after January 29,1996.* * * * *

PART 1717—POST-LOAN POLICIESAND PROCEDURES COMMON TOINSURED AND GUARANTEEDELECTRIC LOANS



5. Revise § 1717.615(f)(2) to read asfollows:

§ 1717.615 Consolidations and mergers.

* * * * *(f) * * *(2) A pro forma TIER of not less than

1.25 and a pro forma DSC of not lessthan for each of the two precedingcalendar years; and* * * * *

6. Revise § 1717.616(b) to read asfollows:

§ 1717.616 Sale, lease, or transfer ofcapital assets.

* * * * *(b) In the most recent year for which

data are available, the borrowerachieved a TIER of at least 1.25, DSC ofat least 1.25, OTIER of at least 1.1, andODSC of at least 1.1 in each case basedon the average or the best 2 out of the3 most recent years;* * * * *

7. Revise § 1717.854(c)(1) to read asfollows:

§ 1717.854 Advance approval—100percent private financing of distribution,subtransmission and headquartersfacilities, and certain other communityinfrastructure.

* * * * *(c) * * *(1) The borrower has achieved a TIER

of at least 1.25 and a DSC of at least 1.25for each of 2 calendar years immediatelypreceding, or any 2 consecutive 12month periods ending within 180 daysimmediately preceding, the issuance ofthe debt;* * * * *

PART 1718—LOAN SECURITYDOCUMENTS FOR ELECTRICBORROWERS



Subpart B—Mortgage for DistributionBorrowers

9. In appendix A to subpart B to part1718, Article II, section 2.01(a)(1)(i) andArticle III, section 3.10(6)(B) are revisedto read as follows:


51749Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Rules and Regulations

Appendix A to Subpart B to Part 1718—Model Form of Mortgage for ElectricDistribution Borrowers

* * * * *

Article II—Additional Notes

* * * * *Section 2.01 * * *(a) * * *(1) * * *(i) The Mortgagor shall have achieved

for each of the two calendar yearsimmediately preceding the issuance ofsuch Additional Notes, a TIER of notless than 1.25 and a DSC of not less than1.25;* * * * *

Article III—Particular Covenants of theMortgagor

* * * * *Section 3.10 * * *(6) * * *(B) having a pro forma TIER of not

less than 1.25 and a pro forma DSC ofnot less than 1.25 for each of the twopreceding calendar years, and* * * * *

Subpart C—Loan Contracts WithDistribution Borrowers

10. The definition of ‘‘CoverageRatios’’ in Article I, Definitions, andArticle V, section 5.4(b) of Appendix Ato subpart C to part 1718, are revised toread as follows:

Appendix A to Subpart C to Part 1718—Model Form of Loan Contract forElectric Distribution Borrowers

* * * * *

Article I—Definitions

* * * * *‘‘Coverage Ratios’’ shall mean,

collectively, the following financialratios: (i) TIER of 1.25; (ii) OperatingTIER of 1.1; (iii) DSC of 1.25; andOperating DSC of 1.1.* * * * *

Article V—Affirmative Covenants

* * * * *Section 5.4 * * *(b) The average Coverage Ratios

achieved by the Borrower in the 2 bestyears out of the 3 most recent calendaryears must be not less than any of thefollowing:

TIER=1.25DSC=1.25OTIER=1.1ODSC=1.1* * * * *

Dated: August 17, 2000.Jill Long Thompson,Under Secretary, Rural Development.[FR Doc. 00–21772 Filed 8–24–00; 8:45 am]BILLING CODE 3410–15–P



7 CFR Part 1755

RIN 0572–AB35

RUS Form 397, Special EquipmentContract (Including Installation)

AGENCY: Rural Utilities Service, USDA.ACTION: Final rule.

SUMMARY: The Rural Utilities Service(RUS) is amending its regulation onRUS Telecommunications Standardsand Specifications for Material,Equipment and Construction to reviseRUS Form 397, Special EquipmentContract (including installation). Thiscontract incorporates amendmentscurrently attached to the RUS Form 397,Special Equipment Contract, andupdates contract terms and format.EFFECTIVE DATE: September 25, 2000.FOR FURTHER INFORMATION CONTACT: JohnJ. Schell, Chief, Inside Plant Branch,Telecommunications StandardsDivision, Rural Utilities Service, U.S.Department of Agriculture, STOP 1598,1400 Independence Ave., SW,Washington, DC 20250–1598, telephonenumber (202) 720–0671.SUPPLEMENTARY INFORMATION:

Executive Order 12866This final rule has been determined to

be not significant for purposes ofExecutive Order 12866 and thereforehas not been reviewed by the Office ofManagement and Budget (OMB).

Executive Order 12372This final rule is excluded from the

scope of Executive Order 12372,Intergovernmental Consultation, whichmay require a consultation with Stateand local officials. See the final rulerelated notice entitled, ‘‘DepartmentPrograms and Activities Excluded fromExecutive Order 12372’’ (50 FR 47034).

Executive Order 12988This final rule has been reviewed

under Executive Order 12988, CivilJustice Reform. RUS has determinedthat this rule meets the applicablestandards provided in section 3 of theExecutive Order. In accordance with theExecutive Order and the rule: (1) Allstate and local laws and regulations thatare in conflict with this rule will be

preempted; (2) no retroactive effort willbe given to this rule; and, (3) inaccordance with § 212(c) of theDepartment of AgricultureReorganization Act of 1994 (7 U.S.C.6912(c)), administrative appealprocedures, if any, must be exhaustedprior to initiating litigaton against theDepartment or its agencies.

Regulatory Flexibility Act CertificationRUS has determined that this final

rule will not have a significanteconomic impact on a substantialnumber of small entities, as defined bythe Regulatory Flexibility Act (5 U.S.C.601 et seq.). The RUStelecommunications program providesloans to borrowers at interest rates andterms that are more favorable than thosegenerally available from the privatesector. RUS borrowers, as a result ofobtaining federal financing, receiveeconomic benefits that exceed anydirect economic costs associated withcomplying with RUS regulations andrequirements.

Information Collection andRecordkeeping Requirements

This rule contains no new reportingor recordkeeping burdens under OMBcontrol number 0572–0059 that wouldrequire approval under the PaperworkReduction Act of 1995 (44 U.S.C.,Chapter 35).


RUS has determined that this finalrule will not significantly affect thequality of the human environment asdefined by the National EnvironmentalPolicy Act of 1969 (42 U.S.C. 4321 etseq.). Therefore, this action does notrequire an environmental impactstatement or assessment.

Catalog of Federal Domestic AssistanceThe program described by this

proposed rule is listed in the Catalog ofFederal Domestic Assistance programsunder number 10.851, Rural TelephoneLoans and Loan Guarantees, andnumber 10.852, Rural Telephone BankLoans. This catalog is available on asubscription basis from theSuperintendent of Documents, theUnited States Government PrintingOffice, Washington, DC 20402.Telephone: (202) 512–1800.

Unfunded MandatesThis rule contains no Federal

mandates (under the regulatoryprovisions of Title II of the UnfundedMandates Reform Act of 1995) for State,local, and tribal governments for theprivate sector. Thus, this rule is not



subject to the requirements of section202 and 205 of the Unfunded MandatesReform Act of 1995.

BackgroundThe last revision to the RUS Form 397

was December 1967. Since that date,divestiture, competition, legislation andregulation have changed businesspractices in the telecommunicationsindustry. Contract terms and obligationsin RUS Form 397 have been modifiedand updated to reflect present businesspractices as well as changes intechnology, services and equipment.Notable advances in fiber optics, digitalsubscriber line (DSL) and radiotechnology have made many newservices available. Consequently,significant changes have been made inthe way business is conducted in thetelecommunications industry.

The RUS Form 397 incorporates thosechanges into the Special EquipmentContract. The main changes to thecontract include but are not limited tothe following: (1) Format for listing bidprices and alternatives; (2) delivery andinstallation requirements; (3) paymentsand releases of lien requirements; (4)particular undertakings of the bidderrequirements; (5) Equal Employmentrequirements; (6) payments to thecontractor; (7) insurance; (8) liquidateddamages; and (9) completion of theproject. The above actions will make itpossible for RUS telecommunicationsborrowers to continue to provide theirsubscribers with the most modern andefficient telecommunications service.

A proposed rule was issued in theFederal Register on February 20, 1998,at 63 FR 8582, requesting comments onthese changes. The comment periodclosed April 21, 1998. Public commentswere received from Hart Engineers,Martin and Associates, Hicks & RaglandEngineering Company and AssociatedCommunications & Research Services.The comments with responses arepresented as follows:

Although not a requirement in thecurrent RUS Form 397, SpecialEquipment Contract, competitivebidding procedures with sealed bidrequirements were added to theproposed contract. All four commentersstated the competitive bidding processwould increase the time and costsassociated with the purchase oftransmission equipment. As part of RUSefforts in governmental streamliningand empowering the recipients of RUSloans, RUS will place moreresponsibility with the borrowers toensure a more cost effective reviewprocess while maintaining the requiredloan security. Hence, the procurementof special equipment will follow the

procedures outlined in 7 CFR Part 1753,Telecommunication SystemsConstruction Policies and Procedures,§ 1753.68, giving the borrower theoption to use the full competitivebidding process.

The proposed contract added therequirement that a contract amendmentneeded to be prepared and approved byRUS to revise delivery or completion ofproject scheduled dates. A commenterstated this change would increase thetime and engineering costs associatedwith granting the manufacturer a timeextension. RUS will remove the addedrequirement and continue using theprocedure whereby the owner can granta time extension by letter to the vendorwithout issuing a contract amendment.

List of Subjects in 7 CFR Part 1755

Loan programs-communications,Reporting and recordkeepingrequirements, Rural areas, Telephone.

For the reasons set forth in thepreamble, Chapter XVII of Title 7 of theCode of Federal Regulations is amendedas follows:

PART 1755—TELECOMMUNICATIONSSTANDARDS AND SPECIFICATIONSFOR MATERIALS, EQUIPMENT ANDCONSTRUCTION

1. The authority citation for part 1755continues to read as follows:


2. Section 1755.30(c)(27) is revised toread as follows:

§ 1755.30 List of telecommunicationsstandard contract forms.

* * * * *(c) * * *(27) RUS Form 397, issued September

25, 2000, Special Equipment Contract(Including Installation).* * * * *

Dated: August 17, 2000.

Jill Long Thompson,Under Secretary, Rural Development.[FR Doc. 00–21774 Filed 8–24–00; 8:45 am]

BILLING CODE 3410–15–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–288–AD; Amendment39–11878; AD 2000–17–04]

RIN 2120–AA64

Airworthiness Directives; BoeingModel 737–100, –200, and –200C SeriesAirplanes

AGENCY: Federal AviationAdministration, DOT.ACTION: Final rule; request forcomments.

SUMMARY: This amendment adopts anew airworthiness directive (AD) that isapplicable to certain Boeing Model 737–100, –200, and –200C series airplanes.This action requires repetitiveinspections to detect discrepancies inthe upper and lower skins of thefuselage lap joint, and repair, ifnecessary. This action is necessary todetect and correct such discrepancies,which could result in sudden fractureand failure of a lap joint and rapiddecompression of the airplane fuselage.DATES: Effective September 11, 2000.

The incorporation by reference ofcertain publications listed in theregulations is approved by the Directorof the Federal Register as of September11, 2000.

Comments for inclusion in the RulesDocket must be received on or beforeOctober 24, 2000.ADDRESSES: Submit comments intriplicate to the Federal AviationAdministration (FAA), TransportAirplane Directorate, ANM–114,Attention: Rules Docket No. 2000–NM–288–AD, 1601 Lind Avenue, SW.,Renton, Washington 98055–4056.Comments may be inspected at thislocation between 9:00 a.m. and 3:00p.m., Monday through Friday, exceptFederal holidays. Comments may besubmitted via fax to (425) 227–1232.Comments may also be sent via theInternet using the following address: [email protected]. Commentssent via fax or the Internet must contain‘‘Docket No. 2000–NM–288–AD’’ in thesubject line and need not be submittedin triplicate. Comments sent via theInternet as attached electronic files mustbe formatted in Microsoft Word 97 forWindows or ASCII text.

The service information referenced inthis AD may be obtained from BoeingCommercial Airplane Group, P.O. Box3707, Seattle, Washington 98124–2207.This information may be examined atthe FAA, Transport Airplane



Directorate, 1601 Lind Avenue, SW.,Renton, Washington; or at the Office ofthe Federal Register, 800 North CapitolStreet, NW., suite 700, Washington, DC.FOR FURTHER INFORMATION CONTACT:Scott Fung, Aerospace Engineer,Airframe Branch, ANM–120S, FAA,Transport Airplane Directorate, SeattleAircraft Certification Office, 1601 LindAvenue, SW., Renton, Washington98055–4056; telephone (425) 227–1221;fax (425) 227–1181.SUPPLEMENTARY INFORMATION: The FAAhas received a report indicating in-flightrapid decompression of a Boeing Model737 series airplane. Investigationrevealed that the skin above the forwardentry door was separated at the stringerS–4R lap joint, with a 28-inch tearrunning along the lap joint. The skinwas bent back at the upper edge of thestringer at S–5R and formed arectangular opening that progressedfrom body station (BS) 328 to BS 300.Further investigation revealed thatnumerous scratches on the skin of thelap joint had initiated fatigue cracks andsubsequent tearing of the skin. Fatiguecracking and corrosion in other lapjoints were also detected at variouslocations on the airplane. The airplanehad accumulated 78,198 flight cyclesand 77,115 flight hours. The FAA alsohas received reports of similar damage(corrosion and cracking) to certain lapjoints on other Model 737 seriesairplanes. Such discrepancies, if notcorrected, could result in suddenfracture and failure of a lap joint andrapid decompression of the airplanefuselage.

Explanation of Relevant ServiceInformation

The FAA has reviewed and approvedBoeing Alert Service Bulletin 737–53A1224, dated August 17, 2000, whichdescribes procedures for inspections(initial and repetitive eddy current anddetailed visual) to detect discrepancies(i.e., cracks, pillowing, corrosion,delamination, or loose or missingfasteners) in the upper and lower skinsof the fuselage lap joint, and repair ofany discrepancies.

Explanation of the Requirements of theRule

Since an unsafe condition has beenidentified that is likely to exist ordevelop on other Boeing Model 737series airplanes of the same type design,this AD is being issued to detectdiscrepancies in the upper and lowerskins of the fuselage lap joint. This ADrequires repetitive inspections to detectdiscrepancies of the upper and lowerskins of the fuselage lap joint, and

repair, if necessary. The actions arerequired to be accomplished inaccordance with the alert servicebulletin described previously, except asdiscussed below.

Difference Between Alert ServiceBulletin and This AD

Operators should note that, althoughthe alert service bulletin specifies thatthe manufacturer may be contacted fordisposition of certain repair conditions,this AD requires the repair of thoseconditions to be accomplished inaccordance with a method approved bythe FAA, or in accordance with datameeting the type certification basis ofthe airplane approved by a BoeingCompany Designated EngineeringRepresentative who has been authorizedby the FAA to make such findings.

Interim ActionThis is considered to be interim

action. The manufacturer has advisedthat it currently is consideringdeveloping a modification that willpositively address the unsafe conditionaddressed by this AD. Should thismodification be developed, approved,and available, the FAA may consideradditional rulemaking.

Determination of Rule’s Effective DateSince a situation exists that requires

the immediate adoption of thisregulation, it is found that notice andopportunity for prior public commenthereon are impracticable, and that goodcause exists for making this amendmenteffective in less than 30 days.

Comments InvitedAlthough this action is in the form of

a final rule that involves requirementsaffecting flight safety and, thus, was notpreceded by notice and an opportunityfor public comment, comments areinvited on this rule. Interested personsare invited to comment on this rule bysubmitting such written data, views, orarguments as they may desire.Communications shall identify theRules Docket number and be submittedin triplicate to the address specifiedunder the caption ADDRESSES. Allcommunications received on or beforethe closing date for comments will beconsidered, and this rule may beamended in light of the commentsreceived. Factual information thatsupports the commenter’s ideas andsuggestions is extremely helpful inevaluating the effectiveness of the ADaction and determining whetheradditional rulemaking action would beneeded.

Submit comments using the followingformat:

• Organize comments issue-by-issue.For example, discuss a request tochange the compliance time and arequest to change the service bulletinreference as two separate issues.

• For each issue, state what specificchange to the AD is being requested.

• Include justification (e.g., reasons ordata) for each request.

Comments are specifically invited onthe overall regulatory, economic,environmental, and energy aspects ofthe rule that might suggest a need tomodify the rule. All commentssubmitted will be available, both beforeand after the closing date for comments,in the Rules Docket for examination byinterested persons. A report thatsummarizes each FAA-public contactconcerned with the substance of this ADwill be filed in the Rules Docket.

Commenters wishing the FAA toacknowledge receipt of their commentssubmitted in response to this rule mustsubmit a self-addressed, stampedpostcard on which the followingstatement is made: ‘‘Comments toDocket Number 2000–NM–288–AD.’’The postcard will be date stamped andreturned to the commenter.

Regulatory Impact

The regulations adopted herein willnot have a substantial direct effect onthe States, on the relationship betweenthe national Government and the States,or on the distribution of power andresponsibilities among the variouslevels of government. Therefore, it isdetermined that this final rule does nothave federalism implications underExecutive Order 13132.

The FAA has determined that thisregulation is an emergency regulationthat must be issued immediately tocorrect an unsafe condition in aircraft,and that it is not a ‘‘significantregulatory action’’ under ExecutiveOrder 12866. It has been determinedfurther that this action involves anemergency regulation under DOTRegulatory Policies and Procedures (44FR 11034, February 26, 1979). If it isdetermined that this emergencyregulation otherwise would besignificant under DOT RegulatoryPolicies and Procedures, a finalregulatory evaluation will be preparedand placed in the Rules Docket. A copyof it, if filed, may be obtained from theRules Docket at the location providedunder the caption ADDRESSES.


Air transportation, Aircraft, Aviationsafety, Incorporation by reference,Safety.



Adoption of the Amendment

Accordingly, pursuant to theauthority delegated to me by theAdministrator, the Federal AviationAdministration amends part 39 of theFederal Aviation Regulations (14 CFRpart 39) as follows:

PART 39—AIRWORTHINESSDIRECTIVES


Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended byadding the following new airworthinessdirective:2000–17–04 Boeing: Amendment 39–11878.

Docket 2000–NM–288–AD.Applicability: Model 737–100, –200, and

–200C series airplanes, line numbers 1through 291 inclusive, certificated in anycategory.

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenmodified, altered, or repaired in the areasubject to the requirements of this AD. Forairplanes that have been modified, altered, orrepaired so that the performance of therequirements of this AD is affected, theowner/operator must request approval for analternative method of compliance inaccordance with paragraph (c) of this AD.The request should include an assessment ofthe effect of the modification, alteration, orrepair on the unsafe condition addressed bythis AD; and, if the unsafe condition has notbeen eliminated, the request should includespecific proposed actions to address it.

Compliance: Required as indicated, unlessaccomplished previously.

To detect and correct discrepancies in theupper and lower skins of the fuselage lapjoint, which could result in sudden fractureand failure of a lap joint and rapiddecompression of the airplane fuselage,accomplish the following:

Initial and Repetitive Inspections(a) Perform the applicable (initial and

repetitive) inspections as specified in Figures1 through 4 of the AccomplishmentInstructions of Boeing Alert Service Bulletin737–53A1224, dated August 17, 2000, todetect discrepancies (i.e., cracks, pillowing,corrosion, delamination, or loose or missingfasteners) in the upper and lower skins of thefuselage lap joint. Perform the inspections atthe applicable times specified in Tables 1and 2 of Section 1.E. ‘‘Compliance’’ of thealert service bulletin, in accordance with thealert service bulletin; except that where Table1 specifies a compliance time of ‘‘airplaneflight cycles at time of service bulletinrelease,’’ this AD requires a compliance timeof ‘‘airplane flight cycles as of the effectivedate of this AD.’’

Repair(b) Prior to further flight, repair any

discrepancies detected during any inspection

required by this AD in accordance withBoeing Alert Service Bulletin 737–53A1224,dated August 17, 2000. If any discrepanciesare detected and the alert service bulletinspecifies that the manufacturer may becontacted for disposition of certain repairs,prior to further flight, repair in accordancewith a method approved by the Manager,Seattle Aircraft Certification Office (ACO),FAA; or in accordance with data meeting thetype certification basis of the airplaneapproved by a Boeing Company DesignatedEngineering Representative who has beenauthorized by the Manager, Seattle ACO, tomake such findings.

Alternative Methods of Compliance

(c) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager, SeattleACO, FAA. Operators shall submit theirrequests through an appropriate FAAPrincipal Maintenance Inspector, who mayadd comments and then send it to theManager, Seattle ACO.

Note 2: Information concerning theexistence of approved alternative methods ofcompliance with this AD, if any, may beobtained from the Seattle ACO.

Special Flight Permits

(d) Special flight permits may be issued inaccordance with §§ 21.197 and 21.199 of theFederal Aviation Regulations (14 CFR 21.197and 21.199) to operate the airplane to alocation where the requirements of this ADcan be accomplished.

Incorporation by Reference

(e) Except as provided by paragraph (b) ofthis AD, the inspections and repair shall bedone in accordance with Boeing AlertService Bulletin 737–53A1224, dated August17, 2000. This incorporation by reference wasapproved by the Director of the FederalRegister in accordance with 5 U.S.C. 552(a)and 1 CFR part 51. Copies may be obtainedfrom Boeing Commercial Airplane Group,P.O. Box 3707, Seattle, Washington 98124–2207. Copies may be inspected at the FAA,Transport Airplane Directorate, 1601 LindAvenue, SW., Renton, Washington; or at theOffice of the Federal Register, 800 NorthCapitol Street, NW., suite 700, Washington,DC.

Effective Date

(f) This amendment becomes effective onSeptember 11, 2000.

Issued in Renton, Washington, on August18, 2000.

John J. Hickey,Acting Manager, Transport AirplaneDirectorate, Aircraft Certification Service.[FR Doc. 00–21615 Filed 8–24–00; 8:45 am]

BILLING CODE 4910–13–U



14 CFR Part 39


RIN 2120–AA64

Airworthiness Directives; BoeingModel 737–200 and –300 SeriesAirplanes Equipped with a Main DeckCargo Door Installed in Accordancewith Supplemental Type Certificate(STC) SA2969SO


SUMMARY: This document publishes inthe Federal Register an amendmentadopting airworthiness directive (AD)2000–17–51 that was sent previously toall known U.S. owners and operators ofcertain Boeing Model 737–200 and –300series airplanes by individual notices.This AD supersedes an existing AD torequire a one-time inspection to detectcracks of the lower frames andreinforcing angles of the main deckcargo door where the door latch fittingsattach between certain fuselage stationsand water lines, and replacement of anycracked part with a new part having thesame part number. This action isprompted by reports that, during theinspections required by the existing AD,cracks were found in the reinforcingangles of the main deck cargo doorframe. The actions specified by this ADare intended to detect and correctcracking of the lower portion of themain deck cargo door frames, whichcould result in sudden depressurization,loss or opening of the main deck cargodoor during flight, and loss of control ofthe airplane.DATES: Effective August 30, 2000, to allpersons except those persons to whomit was made immediately effective byemergency AD 2000–17–51, issued onAugust 14, 2000, which contained therequirements of this amendment.

The incorporation by reference ofcertain publications listed in theregulations is approved by the Directorof the Federal Register as of August 30,2000.

Comments for inclusion in the RulesDocket must be received on or beforeOctober 24, 2000.ADDRESSES: Submit comments intriplicate to the Federal AviationAdministration (FAA), TransportAirplane Directorate, ANM–114,Attention: Rules Docket No. 2000–NM–



277–AD, 1601 Lind Avenue, SW.,Renton, Washington 98055–4056.Comments may be inspected at thislocation between 9:00 a.m. and 3:00p.m., Monday through Friday, exceptFederal holidays. Comments may besubmitted via fax to (425) 227–1232.Comments may also be sent via theInternet using the following address: [email protected]. Commentssent via fax or the Internet must contain‘‘Docket No. 2000–NM–277–AD’’ in thesubject line and need not be submittedin triplicate. Comments sent via theInternet as attached electronic files mustbe formatted in Microsoft Word 97 forWindows or ASCII text.

The applicable service informationmay be obtained from Pemco World AirServices, 100 Pemco Drive, Dothan, AL36303. This information may beexamined at the FAA, TransportAirplane Directorate, 1601 LindAvenue, SW., Renton, Washington; or atthe FAA, Atlanta Aircraft CertificationOffice, One Crown Center, 1895 PhoenixBoulevard, Suite 450, Atlanta, Georgia30349; or at the Office of the FederalRegister, 800 North Capitol Street, NW.,suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:Rany Azzi, Aerospace Engineer,Airframe and Propulsion Branch, ACE–117A, FAA, Atlanta AircraftCertification Office, One Crown Center,1895 Phoenix Boulevard, Suite 450,Atlanta, Georgia 30337–2748, telephone(770) 703–6083; fax (770) 703–6097.

SUPPLEMENTARY INFORMATION: On July13, 2000, the FAA issued AD 2000–13–51, amendment 39–11826 (65 FR 44977,July 20, 2000), applicable to certainBoeing Model 737–200 and –300 seriesairplanes. That AD requires repetitivespecial detailed inspections to detectcracking of the main deck cargo doorframes, their existing reinforcing angles(where applicable), and the attach holesof the latch fittings between framestation (FS) 361.87 and FS 498.12, andbetween water line (WL) 202.35 and WL213.00, in the area where the main deckcargo door latch fittings attach to theframes; and corrective actions, ifnecessary. That action was prompted bya report indicating that three of thesubject airplanes had multiple cracks inthe lower portion of the main deck cargodoor frames and, in some cases, thereinforcing angles. The actions requiredby that AD are intended to detect andcorrect cracking of the lower portion ofthe main deck cargo door frames, whichcould result in sudden depressurization,loss or opening of the main deck cargodoor during flight, and loss of control ofthe airplane.

Actions Since Issuance of Previous Rule

Since the issuance of AD 2000–13–51,the FAA has received reports that,during the special detailed inspections(i.e., borescope) required by that AD,cracks were found in the reinforcingangles of the main deck cargo doorframe. Subsequent disassembly of theaffected structure revealed substantialcracking that was hidden by the layeredstructure and not detected by the specialdetailed inspections. These findings area clear indication of multiple elementdamage (MED). MED is a source ofwidespread fatigue damage (WFD),which is characterized by thesimultaneous presence of cracks inmultiple structural details that are ofsufficient size and density, whereby thestructure will no longer meet its damagetolerance requirements. Therefore, theFAA has determined that a highfrequency eddy current (HFEC)inspection of all affected structuralelements of the main deck cargo door,and replacement of any cracked partwith a new part having the same partnumber are necessary to preventreduced structural integrity of the maindeck cargo door, which could result insudden depressurization, loss oropening of the main deck cargo doorduring flight, and loss of control of theairplane.


The FAA has reviewed and approvedPemco Service Bulletin 737–52–0037,including Attachment 1, dated August10, 2000. The service bulletin describesprocedures for an HFEC inspection todetect cracks of the lower frames andreinforcing angles of the main deckcargo door where the door latch fittingsattach between FS 361.87 and FS 498.12and WL 202.35 and WL 213.00, andreplacement of any cracked part with anew part having the same part number.

Explanation of Requirements of theRule

Since the unsafe condition describedis likely to exist or develop on otherairplanes of the same type design, theFAA issued emergency AD 2000–17–51to detect and correct cracking of thelower portion of the main deck cargodoor frames, which could result insudden depressurization, loss oropening of the main deck cargo doorduring flight, and loss of control of theairplane. The AD supersedes AD 2000–13–51 to require a one-time HFECinspection to detect cracks of the lowerframes and reinforcing angles of themain deck cargo door where the doorlatch fittings attach between FS 361.87

and FS 498.12 and WL 202.35 and WL213.00, and replacement of any crackedpart with a new part having the samepart number. The actions are required tobe accomplished in accordance with theservice bulletin previously described.

Since it was found that immediatecorrective action was required, noticeand opportunity for prior publiccomment thereon were impracticableand contrary to the public interest, andgood cause existed to make the ADeffective immediately by individualnotices issued on August 14, 2000, to allknown U.S. owners and operators ofcertain Boeing Model 737–200 and –300series airplanes. These conditions stillexist, and the AD is hereby published inthe Federal Register as an amendmentto section 39.13 of the Federal AviationRegulations (14 CFR 39.13) to make iteffective to all persons.

Interim ActionThe FAA is considering further

rulemaking action to supersede this ADto require replacement of the main deckcargo door frames and reinforcing anglesthat have accumulated 7,000 or moretotal flight cycles with new parts.However, the planned compliance timefor these actions is sufficiently long sothat prior notice and time for publiccomment will be practicable.

Comments InvitedAlthough this action is in the form of

a final rule that involves requirementsaffecting flight safety and, thus, was notpreceded by notice and an opportunityfor public comment, comments areinvited on this rule. Interested personsare invited to comment on this rule bysubmitting such written data, views, orarguments as they may desire.Communications shall identify theRules Docket number and be submittedin triplicate to the address specifiedunder the caption ADDRESSES. Allcommunications received on or beforethe closing date for comments will beconsidered, and this rule may beamended in light of the commentsreceived. Factual information thatsupports the commenter’s ideas andsuggestions is extremely helpful inevaluating the effectiveness of the ADaction and determining whetheradditional rulemaking action would beneeded.

Comments are specifically invited onthe overall regulatory, economic,environmental, and energy aspects ofthe rule that might suggest a need tomodify the rule. All commentssubmitted will be available, both beforeand after the closing date for comments,in the Rules Docket for examination byinterested persons. A report that



summarizes each FAA-public contactconcerned with the substance of this ADwill be filed in the Rules Docket.


Regulatory ImpactThe regulations adopted herein will

not have a substantial direct effect onthe States, on the relationship betweenthe national Government and the States,or on the distribution of power andresponsibilities among the variouslevels of government. Therefore, it isdetermined that this final rule does nothave federalism implications underExecutive Order 13132.

The FAA has determined that thisregulation is an emergency regulationthat must be issued immediately tocorrect an unsafe condition in aircraft,and that it is not a ‘‘significantregulatory action’’ under ExecutiveOrder 12866. It has been determinedfurther that this action involves anemergency regulation under DOTRegulatory Policies and Procedures (44FR 11034, February 26, 1979). If it isdetermined that this emergencyregulation otherwise would besignificant under DOT RegulatoryPolicies and Procedures, a finalregulatory evaluation will be preparedand placed in the Rules Docket. A copyof it, if filed, may be obtained from theRules Docket at the location providedunder the caption ADDRESSES.

List of Subjects in 14 CFR Part 39Air transportation, Aircraft, Aviation

safety, Incorporation by reference,Safety.





Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended byremoving amendment 39–11826 (65 FR44977, July 20, 2000), and by adding a

new airworthiness directive (AD),amendment 39–11877, to read asfollows:

2000–17–51 Boeing: Amendment 39–11877.Docket 2000–NM–277–AD. SupersedesAD 2000–13–51, Amendment 39–11826.

Applicability: Model 737–200 and –300series airplanes equipped with a main deckcargo door installed in accordance withSupplemental Type Certificate (STC)SA2969SO, certificated in any category.

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenotherwise modified, altered, or repaired inthe area subject to the requirements of thisAD. For airplanes that have been modified,altered, or repaired so that the performanceof the requirements of this AD is affected, theowner/operator must request approval for analternative method of compliance inaccordance with paragraph (b) of this AD.The request should include an assessment ofthe effect of the modification, alteration, orrepair on the unsafe condition addressed bythis AD; and, if the unsafe condition has notbeen eliminated, the request should includespecific proposed actions to address it.


To detect and correct cracking of the lowerportion of the main deck cargo door frames,which could result in suddendepressurization, loss or opening of the maindeck cargo door during flight, and loss ofcontrol of the airplane, accomplish thefollowing:

One-Time Inspection and Corrective Action,If Necessary

(a) Within 7 days after the effective date ofthis AD, perform a one-time high frequencyeddy current inspection to detect cracks ofthe lower frames and reinforcing angles ofthe main deck cargo door where the doorlatch fittings attach between fuselage station(FS) 361.87 and FS 498.12 and water line(WL) 202.35 and WL 213.00, in accordancewith the inspection procedures specified inparagraph 3.D.(1) of the AccomplishmentInstructions of Pemco Service Bulletin 737–52–0037, including Attachment 1, datedAugust 10, 2000. If any crack is detected,prior to further flight, replace the crackedpart with a new part having the same partnumber, in accordance with paragraph3.D.(2) of the Accomplishment Instructionsof the service bulletin.


(b) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager, AtlantaAircraft Certification Office (ACO), FAA.Operators shall submit their requests throughan appropriate FAA Principal MaintenanceInspector, who may add comments and thensend it to the Manager, Atlanta ACO.

Note 2: Information concerning theexistence of approved alternative methods ofcompliance with this AD, if any, may beobtained from the Atlanta ACO.


(c) Special flight permits may be issued inaccordance with §§ 21.197 and 21.199 of theFederal Aviation Regulations (14 CFR 21.197and 21.199) to operate the airplane to alocation where the requirements of this ADcan be accomplished.


(d) The actions shall be done in accordancewith Pemco Service Bulletin 737–52–0037,including Attachment 1, dated August 10,2000. This incorporation by reference wasapproved by the Director of the FederalRegister in accordance with 5 U.S.C. 552(a)and 1 CFR part 51. Copies may be obtainedfrom Pemco World Air Services, 100 PemcoDrive, Dothan, AL 36303. Copies may beinspected at the FAA, Transport AirplaneDirectorate, 1601 Lind Avenue, SW., Renton,Washington; or at the FAA, Atlanta AircraftCertification Office, One Crown Center, 1895Phoenix Boulevard, Suite 450, Atlanta,Georgia; or at the Office of the FederalRegister, 800 North Capitol Street, NW., suite700, Washington, DC.

Effective Date

(e) This amendment becomes effective onAugust 30, 2000, to all persons except thosepersons to whom it was made immediatelyeffective by emergency AD 2000–17–51,issued on August 14, 2000, which containedthe requirements of this amendment.

Issued in Renton, Washington, on August18, 2000.Donald L. Riggin,Acting Manager, Transport AirplaneDirectorate, Aircraft Certification Service.[FR Doc. 00–21614 Filed 8–24–00; 8:45 am]BILLING CODE 4910–13–U



14 CFR Part 39


RIN 2120–AA64

Airworthiness Directives; BoeingModel 767–200, –300, and –300F SeriesAirplanes


SUMMARY: This amendment adopts anew airworthiness directive (AD) that isapplicable to certain Boeing Model 767–200, –300, and –300F series airplanes.This action requires a functional checkof the shear rivets in all six elevatorpower control actuator (PCA) bellcrankassemblies to determine the condition ofthe shear rivets, and replacement orrework of the bellcrank assemblies, if



necessary. This action is necessary todetect and correct any failed or partiallyyielded shear rivets of the elevator PCAbellcrank assemblies. Failure of twobellcrank assemblies on one side canresult in that single elevator surfacemoving to a hardover positionindependent of pilot command resultingin a significant pitch upset recoverableby the crew. Failure of three bellcrankassemblies on one side may result inloss of controllability of the airplane.This action is intended to address theidentified unsafe condition.DATES: Effective September 11, 2000.

The incorporation by reference ofcertain publications listed in theregulations is approved by the Directorof the Federal Register as of September11, 2000.

Comments for inclusion in the RulesDocket must be received on or beforeOctober 24, 2000.ADDRESSES: Submit comments intriplicate to the Federal AviationAdministration (FAA), TransportAirplane Directorate, ANM–114,Attention: Rules Docket No. 2000 NM289–AD, 1601 Lind Avenue, SW.,Renton, Washington 98055–4056.Comments may be inspected at thislocation between 9:00 a.m. and 3:00p.m., Monday through Friday, exceptFederal holidays. Comments may besubmitted via fax to (425) 227–1232.Comments may also be sent via theInternet using the following address: [email protected]. Commentssent via fax or the Internet must contain‘‘Docket No. 2000–NM–289–AD’’ in thesubject line and need not be submittedin triplicate. Comments sent via theInternet as attached electronic files mustbe formatted in Microsoft Word 97 forWindows or ASCII text.

The service information referenced inthis AD may be obtained from BoeingCommercial Airplane Group, P.O. Box3707, Seattle, Washington 98124–2207.This information may be examined atthe FAA, Transport AirplaneDirectorate, 1601 Lind Avenue, SW.,Renton, Washington; or at the Office ofthe Federal Register, 800 North CapitolStreet, NW., suite 700, Washington, DC.FOR FURTHER INFORMATION CONTACT:Kenneth Fairhurst, Aerospace Engineer,Systems and Equipment Branch, ANM–130S, FAA, Transport AirplaneDirectorate, Seattle Aircraft CertificationOffice, 1601 Lind Avenue, SW., Renton,Washington 98055–4056; telephone(425) 227–1118; fax (425) 227–1181.SUPPLEMENTARY INFORMATION: The FAAhas received reports that elevatorbellcrank assemblies with failed shearrivets have been found on three BoeingModel 767 series airplanes. On one

airplane, the failed shear rivets werefound in both the left inboard and leftcenter power control actuator (PCA)bellcrank assemblies. Investigationrevealed that the left center PCA hadbeen replaced two weeks earlier. Thebellcrank shear rivets are designed toshear if a jam occurs and an input ofapproximately 50 pounds above normalfeel forces is applied to the elevatorsystem.

Further testing by the manufacturerrevealed that the single systemhydraulic test of the elevator, which ismandated by a CertificationMaintenance Requirement, may notdetect failed shear rivets in an elevatorbellcrank assembly. Failure of twobellcrank assemblies on one side canresult in that single elevator surfacemoving to a hardover positionindependent of pilot command resultingin a significant pitch upset recoverableby the crew. Failure of three bellcrankassemblies on one side may result inloss of controllability of the airplane.

The FAA has received no factualinformation that indicates that thisincident is related to an accident thatoccurred off the coast of Massachusettsinvolving a Boeing Model 767 seriesairplane. The cause of that accident isstill under investigation.


The FAA has reviewed and approvedBoeing Alert Service Bulletin 767–27A0166, dated August 17, 2000. Thatalert service bulletin describesprocedures for a functional check of theshear rivets on all six elevator PCAbellcrank assemblies to determine thecondition of the shear rivets. (Thefunctional check entails, in part,inserting a pin into the center of theshear rivets and measuring thepenetration depth of the pin.) The alertservice bulletin also describes eventualreplacement of the bellcrank assemblieswith new or serviceable bellcrankassemblies if the penetration depth ofthe pin is 0.35 inch or more, but lessthan 0.50 inch; and, prior to furtherflight, rework or replacement of thebellcrank assemblies with new orserviceable bellcrank assemblies if thepenetration depth of the pin is less than0.35 inch. The alert service bulletinspecifies repeating the functional checkafter any installation of a new orserviceable bellcrank assembly to ensurethat the reworked or new bellcrankassembly is still in good condition afterinstallation. Additionally, the alertservice bulletin specifies that, if one ormore bellcrank shear rivets have apenetration depth of the pin of less than0.50 inch, the operator should send a

report (provided in the alert servicebulletin) to the manufacturer.

Explanation of the Requirements of theRule

Since an unsafe condition has beenidentified that is likely to exist ordevelop on other Boeing Model 767series airplanes of the same type design,this AD is being issued to detect andcorrect any failed or partially yieldedshear rivets of the PCA elevatorbellcrank assembly. Failure of twobellcrank assemblies on one side canresult in that single elevator surfacemoving to a hardover positionindependent of pilot command resultingin a significant pitch upset recoverableby the crew. Failure of three bellcrankassemblies on one side may result inloss of controllability of the airplane,which could result in an elevatorhardover and consequent reducedcontrollability or loss of controllabilityof the airplane. Except as describedbelow, the actions are required to beaccomplished in accordance with thealert service bulletin describedpreviously.

Differences Between Proposed Rule andService Bulletin

Operator should note that whererequirements appear in this final rulethat are different from the Boeing alertservice bulletin, this AD prevails.

Operators should note that, althoughthe alert service bulletin requests thatoperators send the completed PCAElevator Bellcrank Assembly ShearRivet Inspection Report (provided in thealert service bulletin) to themanufacturer, this AD requires that thereport be sent to the FAA.

Interim Action

This is considered to be interimaction until final action is identified, atwhich time the FAA may considerfurther rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requiresthe immediate adoption of thisregulation, it is found that notice andopportunity for prior public commenthereon are impracticable, and that goodcause exists for making this amendmenteffective in less than 30 days.

Comments Invited

Although this action is in the form ofa final rule that involves requirementsaffecting flight safety and, thus, was notpreceded by notice and an opportunityfor public comment, comments areinvited on this rule. Interested personsare invited to comment on this rule bysubmitting such written data, views, or



arguments as they may desire.Communications shall identify theRules Docket number and be submittedin triplicate to the address specifiedunder the caption ADDRESSES. Allcommunications received on or beforethe closing date for comments will beconsidered, and this rule may beamended in light of the commentsreceived. Factual information thatsupports the commenter’s ideas andsuggestions is extremely helpful inevaluating the effectiveness of the ADaction and determining whetheradditional rulemaking action would beneeded.



• For each issue, state what specificchange to the AD is being requested.


Comments are specifically invited onthe overall regulatory, economic,environmental, and energy aspects ofthe rule that might suggest a need tomodify the rule. All commentssubmitted will be available, both beforeand after the closing date for comments,in the Rules Docket for examination byinterested persons. A report thatsummarizes each FAA-public contactconcerned with the substance of this ADwill be filed in the Rules Docket.


Regulatory ImpactThe regulations adopted herein will

not have a substantial direct effect onthe States, on the relationship betweenthe national Government and the States,or on the distribution of power andresponsibilities among the variouslevels of government. Therefore, it isdetermined that this final rule does nothave federalism implications underExecutive Order 13132.

The FAA has determined that thisregulation is an emergency regulationthat must be issued immediately tocorrect an unsafe condition in aircraft,and that it is not a ‘‘significantregulatory action’’ under ExecutiveOrder 12866. It has been determinedfurther that this action involves anemergency regulation under DOT

Regulatory Policies and Procedures (44FR 11034, February 26, 1979). If it isdetermined that this emergencyregulation otherwise would besignificant under DOT RegulatoryPolicies and Procedures, a finalregulatory evaluation will be preparedand placed in the Rules Docket. A copyof it, if filed, may be obtained from theRules Docket at the location providedunder the caption ADDRESSES.


safety, Incorporation by reference,Safety.





Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]2. Section 39.13 is amended by

adding the following new airworthinessdirective:2000–17–05 Boeing: Amendment 39–11879.

Docket 2000–NM–289–AD.Applicability: Model 767–200, –300, and

–300F series airplanes, with Line Numbers 1through 800 inclusive; certificated in anycategory.

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenmodified, altered, or repaired in the areasubject to the requirements of this AD. Forairplanes that have been modified, altered, orrepaired so that the performance of therequirements of this AD is affected, theowner/operator must request approval for analternative method of compliance inaccordance with paragraph (c) of this AD.The request should include an assessment ofthe effect of the modification, alteration, orrepair on the unsafe condition addressed bythis AD; and, if the unsafe condition has notbeen eliminated, the request should includespecific proposed actions to address it.


To detect and correct any failed or partiallyyielded shear rivets of the elevator powercontrol actuator (PCA) bellcrank assembly,which could result in (1) failure of twobellcrank assemblies on one side of theairplane and consequent movement of thesingle elevator to a hardover positionindependent of pilot command, resulting ina significant pitch upset recoverable by thecrew; or (2) failure of three bellcrankassemblies on one side and consequent loss

of controllability of the airplane; accomplishthe following:

(a) Within 30 days after the effective dateof this AD, perform a functional check of oneshear rivet in all six elevator PCA bellcrankassemblies to determine the condition of theshear rivets; in accordance with Paragraph 3,Accomplishment Instructions, of BoeingAlert Service Bulletin 767–27A0166, datedAugust 17, 2000.

(1) If all penetration depths whenmeasured per Figure 2 of the alert servicebulletin are 0.50 inch or more, no furtheraction is required by this AD.

(2) If any penetration depth whenmeasured per Figure 2 of the alert servicebulletin is 0.35 inch or more, but less than0.50 inch, rework or replace the bellcrankassembly with a new or serviceable bellcrankassembly within 400 flight hours afteraccomplishing the functional check. Afterinstallation of a new or serviceable bellcrankassembly, prior to further flight, repeat thefunctional check of all the bellcrankassemblies to make sure the rivets are still ingood condition (as specified in the alertservice bulletin) after installation, inaccordance with Figure 2 of the alert servicebulletin.

(3) If any penetration depth whenmeasured per Figure 2 of the alert servicebulletin is less than 0.35 inch, prior to furtherflight, rework or replace the bellcrankassembly with a new or serviceable bellcrankassembly. After installation of a new orserviceable bellcrank assembly, and prior tofurther flight, repeat the functional check ofall the bellcrank assemblies to make sure therivets are still in good (as specified in thealert service bulletin) condition afterinstallation, in accordance with Figure 2 ofthe alert service bulletin.

(b) If one or more bellcrank shear rivetshave a measured penetration depth of lessthan 0.50 inch, within 10 days afterperforming the initial functional checkrequired by paragraph (a) of this AD: Submita copy of the completed PCA ElevatorBellcrank Shear Rivet Inspection Report, asprovided in Boeing Alert Service Bulletin767–27A0166, dated August 17, 2000, to thefollowing address: Manager, Seattle AircraftCertification Office (ACO), FAA, TransportAirplane Directorate, 1601 Lind Avenue,SW., Renton, Washington 98055–4056; fax(425) 227–1181.


(c) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager, SeattleACO. Operators shall submit their requeststhrough an appropriate FAA PrincipalMaintenance Inspector, who may addcomments and then send it to the Manager,Seattle ACO.

Note 2: Information concerning theexistence of approved alternative methods ofcompliance with this AD, if any, may beobtained from the Seattle ACO.


(d) Special flight permits may be issued inaccordance with §§ 21.197 and 21.199 of theFederal Aviation Regulations (14 CFR 21.197



and 21.199) to operate the airplane to alocation where the requirements of this ADcan be accomplished.


(e) Except as provided by paragraph (b) ofthis AD, the actions shall be done inaccordance with Boeing Alert ServiceBulletin 767–27A0166, dated August 17,2000. This incorporation by reference wasapproved by the Director of the FederalRegister in accordance with 5 U.S.C. 552(a)and 1 CFR part 51. Copies may be obtainedfrom Boeing Commercial Airplane Group,P.O. Box 3707, Seattle, Washington 98124–2207. Copies may be inspected at the FAA,Transport Airplane Directorate, 1601 LindAvenue, SW., Renton, Washington; or at theOffice of the Federal Register, 800 NorthCapitol Street, NW., suite 700, Washington,DC.

(f) This amendment becomes effective onSeptember 11, 2000.

Issued in Renton, Washington, on August18, 2000.John J. Hickey,Manager, Transport Airplane Directorate,Aircraft Certification Service.[FR Doc. 00–21616 Filed 8–24–00; 8:45 am]BILLING CODE 4910–13–P



14 CFR Part 71

[Airspace Docket No. 00–AGL–18]

Modification of Class E Airspace;Frankfort, MI

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Final rule.

SUMMARY: This action modifies Class Eairspace at Frankfort, MI. An AreaNavigation (RNAV) Standard InstrumentApproach Procedure (SIAP) to Runway(Rwy) 15, and an RNAV SIAP to Rwy33, have been developed for FrankfortDow Memorial Airport. Controlledairspace extending upward from 700feet or more above the surface of theearth is needed to contain aircraftexecuting these approaches. This actionincreases the radius of the existingcontrolled airspace for Frankfort DowMemorial Airport.EFFECTIVE DATE: 0901 UTC, November30, 2000.FOR FURTHER INFORMATION CONTACT:Denis C. Burke, Air Traffic Division,Airspace Branch, AGL–520, FederalAviation Administration, 2300 EastDevon Avenue, Des Plaines, Illinois60018; telephone (847) 294–7568.SUPPLEMENTARY INFORMATION:

History

On Friday, June 16, 2000, the FAAproposed to amend 14 CFR part 71 tomodify Class E airspace at Frankfort, MI(65 FR 37727). The proposal was tomodify controlled airspace extendingupward from 700 feet above the surfaceto contain Instrument Flight Rules (IFR)operations in controlled airspace duringportions of the terminal operation andwhile transiting between the enrouteand terminal environments.

Interested parties were invited toparticipate in this rulemakingproceeding by submitting writtencomments on the proposal to the FAA.No comments objecting to the proposalwere received. Class E airspace areasextending upward from 700 feet or moreabove the surface of the earth arepublished in paragraph 6005 of FAAOrder 7400.9G dated September 1, 1999,and effective September 16, 1999, whichis incorporated by reference in 14 CFR71.1. The Class E airspace designationslisted in this document will bepublished subsequently in the Order.

The Rule

This amendment to 14 CFR part 71modifies Class E airspace at Frankfort,MI, to accommodate aircraft executinginstrument flight procedures into andout of Frankfort Dow Memorial Airport.The area will be depicted onappropriate aeronautical charts.

The FAA has determined that thisregulation only involves an establishedbody of technical regulations for whichfrequent and routine amendments arenecessary to keep them operationallycurrent. Therefore, this regulation—(1)is not a ‘‘significant regulatory action’’under Executive Order 12866; (2) is nota ‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979); and (3)does not warrant preparation of aRegulatory Evaluation as the anticipatedimpact is so minimal. Since this is aroutine matter that will only affect airtraffic procedures and air navigation, itis certified that this rule will not havea significant economic impact on asubstantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act.


Airspace, Incorporation by reference,Navigation (air).


In consideration of the foregoing, theFederal Aviation Administrationamends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,CLASS B, CLASS C, CLASS D, ANDCLASS E AIRSPACE AREAS;AIRWAYS; ROUTES; AND REPORTINGPOINTS


Authority: 49 U.S.C. 106(g), 40103, 40113,40120; E.O. 10854, 24 FR 95665, 3 CFR,1959–1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in14 CFR 71.1 of the Federal AviationAdministration Order 7400.9G, AirspaceDesignations and Reporting Points,dated September 1, 1999, and effectiveSeptember 16, 1999, is amended asfollows:* * * * *

Paragraph 6005 Class E airspace areasextending upward from 700 feet or moreabove the surface of the earth.

* * * * *

AGL MI E5 Frankfort, MI [Revised]Frankfort Dow Memorial Airport, MI(Lat. 44°37′30″ N., long. 86°12′02″ W.)

That airspace extending upward from 700feet above the surface within a 6.4-mileradius of the Frankfort Dow MemorialAirport.

* * * * *Issued in Des Plaines, Illinois on August 7,

2000.Christopher R. Blum,Manager, Air Traffic Division.[FR Doc. 00–21814 Filed 8–24–00; 8:45 am]BILLING CODE 4910–13–M



14 CFR Part 71

[Airspace Docket No. 00–AGL–19]

Establishment of Class E Airspace;Soldiers Grove, WI

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Final rule.

SUMMARY: This action establishes ClassE airspace at Soldiers Grove, WI. AGlobal Positioning System (GPS)Standard Instrument ApproachProcedure (SIAP) to Runway (Rwy) 11,and a GPS SIAP to Rwy 29, have beendeveloped for Leeward Farm Airport.Controlled airspace extending upwardfrom 700 fee or more above the surfaceof the earth is needed to contain aircraftexecuting these approaches. This actioncreates controlled airspace for LeewardFarm Airport.



EFFECTIVE DATE: 0901 UTC, November30, 2000.

FOR FURTHER INFORMATION CONTACT:Denis C. Burke, Air Traffic Division,Airspace Branch, AGL–520, FederalAviation Administration, 2300 EastDevon Avenue, Des Plaines, Illinois60018; telephone (847) 294–7568.

SUPPLEMENTARY INFORMATION:

History

On Friday, June 16, 2000, the FAAproposed to amend 14 CFR part 71 toestablish Class E airspace at SoldiersGrove, WI (65 FR 37726). The proposalwas to create controlled airspaceextending upward from 700 feet abovethe surface to contain Instrument FlightRules (IFR) operations in controlledairspace during portions of the terminaloperation and while transiting betweenthe enroute and terminal environments.

Interested parties were invited toparticipate in this rulemakingproceeding by submitting writtencomments on the proposal to the FAA.No comments objecting to the proposalwere received. Class E airspace areasextending upward from 700 feet or moreabove the surface of the earth arepublished in paragraph 6005 of FAAOrder 7400.9G dated September 1, 1999,and effective September 16, 1999, whichis incorporated by reference in 14 CFR71.1. The Class E airspace designationslisted in this document will bepublished subsequently in the Order.

The Rule

This amendment to 14 CFR part 71establishes Class E airspace at SoldiersGrove, WI, to accommodate aircraftexecuting instrument flight proceduresinto and out of Leeward Farm Airport.The area will be depicted onappropriate aeronautical charts.

The FAA has determined that thisregulation only involves an establishedbody of technical regulations for whichfrequent and routine amendments arenecessary to keep them operationallycurrent. Therefore, this regulation—(1)is not a ‘‘significant regulatory action’’under Executive Order 12866; (2) is nota ‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979); and (3)does not warrant preparation of aRegulatory Evaluation as the anticipatedimpact is so minimal. Since this is aroutine matter that will only affect airtraffic procedures and air navigation, itis certified that this rule will not havea significant economic impact on asubstantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act.

List of Subjects in 14 CFR Part 71Airspace, Incorporation by reference,

Navigation (air).


In consideration of the foregoing, theFederal Aviation Administrationamends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,CLASS B, CLASS C, CLASS D, ANDCLASS E AIRSPACE AREAS;AIRWAYS; ROUTES; AND REPORTINGPOINTS

1. The authority citation for part 71continues to read as follows

Authority: 49 U.S.C. 106(g), 40103, 40113,40120; E.O. 10854, 24 FR 95665, 3 CFR,1959–1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in14 CFR 71.1 of the Federal AviationAdministration Order 7400.9G, AirspaceDesignations and Reporting Points,dated September 1, 1999, and effectiveSeptember 16, 1999, is amended asfollows:* * * * *

Paragraph 6005 Class E airspace areasextending upward from 700 feet or moreabove the surface of the earth.* * * * *

AGL WI E5 Soldiers Grove, WI [New]Soldiers Grove, Leeward Farm Airport, WI

(Lat. 43°21′10″ N., long. 90°40′51″ W.)

That airspace extending upward from 700feet above the surface within a 6.4-mileradius of the Leeward Farm Airport,excluding that airspace within the Boscobel,WI, Class E airspace area.

* * * * *Issued in Des Plaines, Illinois on August 7,

2000.Christopher R. Blum,Manager, Air Traffic Division.[FR Doc. 00–21816 Filed 8–24–00; 8:45 am]BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH ANDHUMAN SERVICES

Food and Drug Administration

21 CFR Parts 71, 170, and 171

[Docket No. 95N–0220]

RIN 0910–AA58

Substances Approved for Use in thePreparation of Meat and PoultryProducts

AGENCY: Food and Drug Administration,HHS.ACTION: Final rule.

SUMMARY: The Food and DrugAdministration (FDA) is amending itsregulations on petitions for the use offood ingredients and sources ofradiation. This regulatory change willpermit an efficient, joint review by bothFDA and the Food Safety and InspectionService (FSIS), U.S. Department ofAgriculture (USDA), of petitions forapproval to use a food ingredient orsource of radiation in or on meat orpoultry products.DATES: This rule is effective August 25,2000, except for the amendments to§§ 71.1 and 171.1 (21 CFR 71.1 and171.1), which contain collection ofinformation provisions subject to reviewand clearance by the Office ofManagement and Budget (OMB) underthe Paperwork Reduction Act of 1995(the PRA). The amendments to thesesections will be made effective afterOMB approval is received, at whichtime, FDA will announce the effectivedate in the Federal Register. Submitwritten comments on the collection ofinformation provisions by October 24,2000.

ADDRESSES: Submit written commentson the information collection provisionsof this final rule to the DocketsManagement Branch (HFA–305), Foodand Drug Administration, 5630 FishersLane, rm. 1061, Rockville, MD 20852.All comments should be identified withthe docket number found in brackets inthe heading of this document.FOR FURTHER INFORMATION CONTACT:Arletta M. Beloian, Center for FoodSafety and Applied Nutrition (HFS–206), Food and Drug Administration,200 C St. SW., Washington, DC 20204,202–418–3082.SUPPLEMENTARY INFORMATION:

I. Background

In theFederal Register of December29, 1995 (60 FR 67459), FSIS proposedto amend the Federal meat and poultryproducts inspection regulationscontaining the procedures for reviewingthe safety and suitability of food andcolor additives used in meat and poultryproducts. In that same issue of theFederal Register (60 FR 67490), FDAproposed to make changes to itsregulations regarding submission ofpetitions for the use of food ingredientsand sources of radiation toaccommodate a simultaneous review bythe two agencies. Those proposalsreflected interagency coordination toease the burden on regulated industriesand consumers. Such a coordinatedeffort by the two agencies, throughstreamlining the Government’s foodingredient approval process, showed acommitment to achieving goals for the



Reinventing Food Regulations part ofthe President’s National PerformanceReview.

FDA received seven comments to theproposal during the comment periodthat closed on March 14, 1996. Inresponse to a request for additional timeto submit comments, and forconsistency with an FSIS commentperiod extension, the FDA commentperiod was reopened for 60 days,closing June 3, 1996. Two commentswere received during the extensionperiod. The comments all generallysupported FDA’s proposal but addedspecific comments on issues ofregulatory authority, policy, and theprocedures that both agencies will useto harmonize the review of petitions toauthorize the use of substances in meatand poultry products.

Over the years, FDA and FSIS haveconferred and cooperatively addressedfood ingredient issues on an as needed,substance-specific, case-by-case basis.Nonetheless, because the agencies havedifferent statutory mandates, theregulations of the two agencies thatgovern the use of food and coloradditives and generally recognized assafe (GRAS) substances added to meatand poultry products sometimes includeconditions, formats, and terms that arenot fully consistent with one another.This absence of consistency may causedifficulty and inconvenience peoplewho need to comply with both agencies’laws and regulations on use ofsubstances in meat and poultryproducts.

Section 409 of the Federal Food, Drug,and Cosmetic Act (the act) (21 U.S.C.348) requires FDA to evaluate the safetyand regulate the use of food additives inor on all foods; section 721 of the act (21U.S.C. 379e) provides FDA withcomparable authority over coloradditives. The Federal Meat InspectionAct (FMIA) and the Poultry ProductsInspection Act (PPIA) (21 U.S.C.601(m)(2) and 21 U.S.C. 453(g)(2))authorize the administrator of FSIS todetermine the suitability and regulatethe use of ingredients and sources ofradiation in or on meat and poultryproducts in federally inspectedfacilities. Under the current process,FDA and FSIS conduct separate,sequential reviews, each agencyapplying its respective procedures toascertain that a substance is lawful forthe use intended in or on meat orpoultry products. Both agencies agreethat their respective regulations may beharmonized and simplified.

FDA and FSIS have developed amemorandum of understanding (MOU)for handling submissions on the use offood ingredients in meat and poultry

products. Under the terms of the MOU,FDA will be the petitioner’s regulatorycontact and conduct a safety review,and FSIS will simultaneously conduct asuitability determination. Oncompletion of its determination, FSISwill provide FDA with its review onsuitability, describing its conclusions interms of any restrictions or conditions ofuse that FSIS determines to be necessaryto comply with its various regulationsand policies with regard to meat andpoultry products. When issuing a newregulation or amending an existing onein title 21 of the Code of FederalRegulations (CFR), FDA will carefullyand fully consider the FSISrecommendations and will specify inthe regulation whether use of asubstance is allowed in meat andpoultry products along with anynecessary restrictions or conditions ofuse.

Current FDA regulations provide apetition procedure for interested partiesto obtain affirmation by FDA that theuse of a substance is GRAS and, thus,exempt from the requirement forpremarket approval that applies to foodadditives. This rule amends thoseregulations by establishing specificprocedures regarding petitions to affirmthe use of ingredients in meat or poultryproducts as GRAS. On April 17, 1997(62 FR 18938), FDA proposed to replacethe GRAS affirmation process with aGRAS notification procedure. Thisprocedure would allow a manufacturerto make a determination that the use ofa substance in food is GRAS and tonotify FDA of such determination alongwith a submission of summaryinformation that provides support forthat determination. If FDA adopts theGRAS notification proposal as a finalrule, the section listed below in 21 CFR170.35 would be revoked. Under theMOU, if and when GRAS notificationbecomes FDA’s established practice,FDA and FSIS will consult with eachother on GRAS notifications for use ofan ingredient in meat and poultryproducts, as necessary and appropriate.The notifier will be informed of anyconcerns about the suitability of the useof the substance in meat and poultryproducts and, when applicable, will beinformed of any restrictions orconditions of use in meat and poultryproducts required by the act.

II. Response to Comments

A. Regulatory Authority(Comment 1) Several comments stated

that one agency should have exclusiveresponsibility for determining whether asubstance may or may not be used inmeat and poultry products. The

comments stated that because FDA hasthe scientific staff, institutionalexpertise, and regulatory structure forreviewing the safety of food ingredients,FDA’s broad jurisdiction over foodsshould be extended to cover substancesin meat and poultry products. Insupport of this opinion, one commentargued that if the FSIS conducts theirreview out of synchronization withFDA’s review, the goal of streamliningthe approval process would fail.Another argued that requiringconcurrent reviews does not necessarilyeliminate review time but is really alayering of one agency’s approvals ontop of the other agency’s approvals.

Under the act, FDA is authorized toevaluate the safety of substances addedto food, including the addition to meatand poultry, and to approve the safe useof food and color additives. This rulehas no effect on that authority.However, the laws that FSIS administers(FMIA and PPIA) may preclude the useof a substance in meat or poultryproducts for reasons other than safety.In particular, provisions regardingefficacy and suitability of substances foruse in meat and poultry products are theprovince of FSIS. For instance, there arecases where the use of a substance, evenif safe, may promote deception whenused in a meat or poultry product and,accordingly, such use would beprohibited by FSIS. For example,although paprika is considered GRAS byFDA and is also listed for use as a coloradditive, FSIS regulations prohibit theuse of this spice on fresh, uncookedmeat products because such use addscolor that may make the meat appearfresher than it actually is.

FDA and FSIS have concluded that asingle submission, joint review, andsingle rulemaking procedure willeliminate duplicate review and reducethe time it takes to authorize a foodingredient for use in meat and poultryproducts.

B. Reporting Procedures andRequirements

(Comment 2) One comment assertedthat when FDA approves a substance foruse in food generally, with no limitationother than good manufacturing practice,the general use of the food ingredientshould also include the use in meat andpoultry components.

The agency agrees with this commentwith respect to safety under the act.However, safety is not the only criteriongoverning the lawful use of aningredient in foods subject to FMIA orPPIA. Historically, food and coloradditive petitions generally werereviewed and regulations were writtenwithout input from FSIS regarding any



regulatory issues raised under FMIA orPPIA. Thus, the ingredients weresubjected to a second review by FSISafter FDA review was completed. Tomake the review process more efficient,FDA concludes that future petitionreviews should address explicitly theconcern raised by the comment.Therefore, a new substance to be listedby FDA for general food use wouldrequire an explicit request for the use inmeat and poultry products,accompanied by appropriate supportingdata so both agency reviews can occurconcurrently.

(Comment 3) One comment expressedconcern that the petition format for FDAfood additive petition review is morecomplicated and extensive than thatcurrently used by FSIS and itscompletion is expected to be more timeconsuming. The comment asked whatmodifications in procedure andreporting requirements would be madefor simultaneous review of petitions foruse of food and color additives in meatand poultry products. The commentalso asked whether FDA’s regulationswould be modified to reflect the FSISproduct classes relevant to the use ofsubstances in meat and poultryproducts.

First, this rule does not impose anyreviews that have not been requiredpreviously. Second, the issues inpetitions addressed by FDA and FSISare different, in that FDA primarilyaddresses safety, while the FSISaddresses efficacy and suitability.Substances whose uses would haverequired a safety review by FDA in thepast would require, under this finalrule, the submission of the same safetydata. At this time, FDA sees no need tomodify its regulations or to impose newrequirements for the review of petitionsregarding the use of substances in meatand poultry products with oneexception. That is, if a petition seeksapproval of the use of a substance inmeat and poultry products, thepetitioner should state that factexplicitly and should submit to FDAappropriate data in support of such useas part of the petition rather than toFSIS separately. This procedure willfacilitate a more expeditious review ofthe petition by both agencies. If, aftersome experience is gained with thisprocedure, FDA and FSIS see a need foradditional specific information, FDAwill revise its guidance documents forpetitioners.

C. GRAS Determination(Comment 4) Several comments

pointed out that numerous substancesthat have been accepted as GRAS byFDA for use in food generally are not

listed in Title 21 CFR. One commenturged that a clear allowance for a self-determined GRAS status of substancesfor use in meat and poultry products beincluded in the interagency MOU.

FDA acknowledges that not all uses ofsubstances that are GRAS are listed inTitle 21 of FDA’s regulations. Thisresults from the fact that substanceswhose use is GRAS are excepted fromthe definition of a food additive and,therefore, do not require approval byFDA. As noted above, under theinteragency MOU, FDA and FSIS aredeveloping operational procedures toreview GRAS notices and to identifywhich agency will be responsible fordifferent aspects of the review.

D. Other Comments(Comment 5) Some comments

objected to FSIS continuing to beresponsible for assessing, independentlyof FDA, a manufacturer’s basis fordetermining that use of a substance isGRAS on the basis that such aprocedure would be in conflict withstreamlining the approval process andwould continue the duplicative reviewby both agencies.

FDA finds that because thesecomments relate specifically to FSISstatutory obligations and role regardingfood ingredients intended for use inmeat and poultry products, they areoutside the scope of FDA’s proposal.Indeed, FSIS has responded to similarcomments in their final rule publishedin the Federal Register of December 23,1999 (64 FR 72168).

III. Conforming AmendmentsCurrent FDA regulations require that

a petition for approval of the use of afood additive or a color additive besubmitted in triplicate. This final ruleamends §§ 71.1(a) and 171.1(a) of theagency’s regulations to require thesubmission of one additional copy of apetition where the proposed useincludes use in meat or poultry; thisadditional copy will be provided toFSIS so that FDA and FSIS can performconcurrent reviews. This final rule alsoprovides that FDA will list any uses offood and color additives that aresuitable for use in meat or poultry andwill describe conditions of use underwhich the substances may be safelyused.

In preparing this final rule, FDAbecame aware that §§ 71.1(a) and171.1(a) also describe the number ofcopies of a petition to be submitted toFDA. This final rule also amends§§ 71.1(a) and 171.1(a) to require thesubmission of petitions in quadruplicatewhere the proposed use includes use inmeat or poultry. Although FDA did not

explicitly propose to amend these twoprovisions of the regulations, thesubstance of the change was proposed.Therefore, FDA is amending §§ 71.1(a)and 171.1(a) to make them consistentwith other provisions of the regulations,as amended.

IV. Environmental Impact

The agency has determined under 21CFR 25.30(h) that this action is of a typethat does not individually orcumulatively have a significant effect onthe human environment. Therefore,neither an environmental assessmentnor an environmental impact statementis required.

V. Analysis of Impacts

A. Requirement of Cost-Benefit Analysis

FDA has examined the impacts of thisfinal rule to amend 21 CFR parts 71,170, and 171 under Executive Order12866, the Unfunded Mandates ReformAct of 1995 (UMRA), the Small BusinessRegulatory Enforcement Fairness Act of1996 (SBREFA), and the RegulatoryFlexibility Act (RFA) (Public Law 96–354).

Executive Order 12866 directsagencies to assess all costs and benefitsof available regulatory alternatives and,when regulation is necessary, to selectregulatory approaches that maximizenet benefits (including potentialeconomic, environmental, public healthand safety, and other advantages;distributive impacts; and equity).Executive Order 12866 classifies a ruleas significant if it meets any one of anumber of specified conditions,including having an annual effect on theeconomy of $100 million, adverselyaffecting a sector of the economy in amaterial way, adversely affectingcompetition, or adversely affecting jobs.A regulation is also considered asignificant regulatory action if it raisesnovel legal or policy issues.

UMRA (Public Law 104–4) requirescertain cost-benefit and other analyses;section 1531(a) defines a significant ruleas ‘‘a Federal mandate that may resultin the expenditure by State, local, andtribal governments in the aggregate, orby the private sector, of $100 million(adjusted annually for inflation) in anyone year.’’

SBREFA (Public Law 104–121)defines a major rule for the purpose ofcongressional review as having causedor being likely to cause one or more ofthe following: An annual effect on theeconomy of $100 million; a majorincrease in costs or prices; significanteffects on competition, employment,productivity, or innovation; orsignificant effects on the ability of



United States-based enterprises tocompete with foreign-based enterprisesin domestic or export markets.

RFA (5 U.S.C. 601–612) requiresagencies to analyze regulatory optionsthat would lessen the economic effect ofa rule on small entities if a rule has asignificant economic impact on asubstantial number of small entities.

Under the guidelines of ExecutiveOrder 12866, UMRA, SBREFA, andRFA, FDA finds that this final rulewould not have a significant adverseeconomic impact. However, the Officeof Information and Regulatory Affairs(OIRA) of OMB has determined this ruleto be a significant regulatory action asdefined by section 3(f)(4) of ExecutiveOrder 12866 because it raises novellegal or policy issues arising out of thePresident’s priorities, namely thereinvention of Government andregulatory reform initiatives. Therefore,this final rule has been formallyreviewed by OIRA in accordance withthe provisions of Executive Order12866.

B. The Costs and Benefits of This Rule

1. Costs

FDA believes that there are nosignificant new costs associated withthis rule.

2. Benefits

This rule will benefit the regulatedindustry, the Federal Government, andconsumers. Administrative costs forboth industry and the FederalGovernment will fall with theelimination of duplicative approvalprocesses. Also, this rule will benefitboth industry and consumers byfacilitating the more timely introductionof safe food additives, color additives,and other substances lawfully used infood.

One effect of this rule is to eliminatethe current duplicative administrativecosts of the additive approval processfor the Federal Government. Under thecurrent regulatory framework, firmsseeking to use food additives or coloradditives in meat or poultry must

sequentially seek the approval of theFDA and then FSIS. This rule simplifiesthe process by requiring that only onepetition be submitted to the FDA for theentire Federal Government.

Industry will also benefit from thisrule. As with the Federal Government,the industry’s administrative costs willfall with the implementation of thisrule. Fewer required petitions translateinto lower overall costs. Furthermore,having a more efficient approval processwill increase the expected profits fromthe use and sale of the food and coloradditives that are the subject of thisprocess. The resulting increase inexpected profits could act as anincentive to increase effort in theresearch and development of new foodand color additives with a net result ofan increase in the quantity and qualityof additives on the market.

Having an increased number of safeadditives on the market sooner will alsobenefit consumers. First, theintroduction of new additives willincrease consumer choice. Thus, thetypical consumer will be better off.Second, the expected cost of a productusing an additive of a given quality levelwill fall. This is because greaterinnovation will lead to more low costalternatives and a competitive industrywill use its lowest cost alternative.

3. SummaryFDA believes that this rule is

economically justified because this rulehas no costs and has positive benefits.In fact, consumers, industry, andgovernment will all benefit from thisrule.

VI. Paperwork Reduction Act of 1995This final rule contains information

collection provisions that are subject toreview by OMB under the PRA (44U.S.C. 3501–3520). The title,description, and respondent descriptionof the information collection provisionsare shown below with an estimate of theannual reporting burden. Included inthe estimate is the time for reviewinginstructions, searching existing datasources, gathering and maintaining the

data needed, and completing andreviewing each collection ofinformation.

Title: Petition for Approval ofSubstances for Use in the Preparation ofMeat and Poultry Products.

Description: The act (sections 409 and721) requires FDA to evaluate the safetyand regulate the use of food and coloradditives used as ingredients in or on allfoods. These sections also authorizeFDA to accept petitions for approval offood and color additives. FMIA andPPIA (21 U.S.C. 601(m)(2) and 21 U.S.C.453(g)(2)) authorize the administrator ofFSIS, USDA, to determine the suitabilityof the use of a substance in meat andpoultry products. Regulations of the twoagencies at times include conditions,formats, and terms that are not fullyconsistent with one another because ofthe different statutory mandates. Underthe current process FDA and FSISconduct separate, sequential reviews,each agency applying its respectiveprocedures to ascertain that a substanceis lawful for the use intended in or onproducts containing meat or poultry.

This final rule requires applicants thatpetition for approval for the use ofsubstances in meat and poultry productsto provide four copies of the petition toFDA, rather than the three copies ascurrently specified in §§ 71.1 and 171.1.FDA will then forward a copy of thepetition or relevant portions of thepetition to FSIS so that both agenciescan perform the necessary reviewssimultaneously, thus reducing the timeit takes to authorize an ingredient foruse in meat and poultry products. Therule does not require petitioners tosubmit any new information to eitherFDA or FSIS.

This final rule results from acoordinated effort by the two agencies toease the paperwork burden on regulatedindustries through streamlining theGovernment’s food ingredient approvalprocess for substances used in meat andpoultry products.

Description of Respondents:Businesses or other for profit.

TABLE 1.—ESTIMATED ANNUAL INCREASE IN REPORTING HOUR BURDEN 1

21 CFR Section Number ofRespondents

AnnualFrequency of

Response

Total AnnualResponses

Increase inHours perResponse

Total Increasein Hours

71.1 and 171.1 10 1 10 2 20

1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on FDA’s past experience withfood and color additive petitions and ondiscussions with FSIS about its past

experience, it will receive 10 petitionsannually that request approval for use ofa substance in meat and poultry

products. Submission of a petition forthe use of a substance in meat andpoultry products is a one-time event.



FDA estimates that the respondentwould expend 2 hours to make a fourthphotocopy of the petition, necessary forFDA to send to FSIS to conduct asimultaneous review. FDA, therefore,estimates that the total burden of datacollection under §§ 71.1 and 171.1 willincrease by 20 hours per year because ofthe requirement to submit a fourth copyof petitions for use of a substance inmeat or poultry products.

The December 29, 1995 (60 FR67490), proposed rule provided ageneral comment period that closed onMarch 14, 1996, and reopened foranother 60 days ending June 3, 1996.However, because of an oversight, FDAdid not specifically solicit comments onthe information collection provisions ofthe proposed rule, as required by thePRA. Therefore, FDA is providing anopportunity for public comment underthe PRA at this time. FDA now invitescomments on: (1) Whether the proposedcollection of information is necessaryfor the proper performance of FDA’sfunctions, including whether theinformation will have practical utility;(2) the accuracy of FDA’s estimate of theburden of the proposed collection ofinformation, including the validity ofthe methodology and assumptions used;(3) ways to enhance the quality, utility,and clarity of the information to becollected; and (4) ways to minimize theburden of the collection of informationon respondents, including through theuse of automated collection techniques,when appropriate, and other forms ofinformation technology. Individuals andorganizations may submit comments onthe information collection provisions ofthis final rule by October 24, 2000.Comments should be sent to the DocketsManagement Branch (address above).

At the close of the 60-day commentperiod, FDA will review the commentsreceived, revise the informationcollection provisions as necessary, andsubmit these provisions to OMB forreview. FDA will publish a notice in theFederal Register when the informationcollection provisions are submitted toOMB, and an opportunity for publiccomment to OMB will be provided atthat time. Prior to the effective date ofthis final rule, FDA will publish in theFederal Register a notice of OMB’sdecision to approve, modify, ordisapprove the information collectionprovisions. An agency may not conductor sponsor, and a person is not requiredto respond to, a collection ofinformation unless it displays acurrently valid OMB control number.

VII. FederalismFDA has analyzed this final rule in

accordance with the principles set forth

in Executive Order 13132. FDA hasdetermined that the rule does notcontain policies that have substantialdirect effects on the States, on therelationship between the NationalGovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government. Accordingly, theagency has concluded that the rule doesnot contain policies that havefederalism implications as defined inthe order and, consequently, afederalism summary impact statement isnot required.

VIII. CommentsInterested persons may submit to the

Dockets Management Branch (addressabove) written comments on theinformation collection provisions of thisfinal rule by October 24, 2000. Twocopies of any comments are to besubmitted, except that individuals maysubmit one copy. Comments are to beidentified with the docket numberfound in brackets in the heading of thisdocument. Received comments may beseen in the Dockets Management Branchbetween 9 a.m. and 4 p.m., Mondaythrough Friday.

List of Subjects

21 CFR Part 71

Administrative practice andprocedure, Color additives, Confidentialbusiness information, Cosmetics, Drugs,Reporting and recordkeepingrequirements.

21 CFR Part 170

Administrative practice andprocedure, Food additives, Reportingand recordkeeping requirements.

21 CFR Part 171

Administrative practice andprocedure, Food additives.

Therefore, under the Federal Food,Drug, and Cosmetic Act and underauthority delegated to the Commissionerof Food and Drugs, 21 CFR parts 71,170, and 171 are amended as follows:

PART 71—COLOR ADDITIVEPETITIONS

1. The authority citation for 21 CFRpart 71 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 348, 351,355, 360, 360b–360f, 360h–360j, 361, 371,379e, 381; 42 U.S.C. 216, 262.

2. Section 71.1 is amended inparagraph (a) by revising the thirdsentence, in paragraph (c) in the petitionby revising the introductory paragraphpreceding paragraph A., and by addingparagraph (j) to read as follows:

§ 71.1 Petitions.(a) * * * The petition shall be

submitted in triplicate (quadruplicate, ifintended uses include uses in meat,meat food product, or poultry product).* * ** * * * *

(c) * * *Attached hereto, in triplicate

(quadruplicate, if intended uses includeuses in meat, meat food product, orpoultry product), and constituting a partof this petition are the following:* * * * *

(j)(1) If intended uses of the coloradditive include uses in meat, meat foodproduct, or poultry product subject toregulation by the U.S. Department ofAgriculture (USDA) under the PoultryProducts Inspection Act (PPIA) (21U.S.C. 451 et seq.) or the Federal MeatInspection Act (FMIA) (21 U.S.C. 601 etseq.), FDA shall, upon filing of thepetition, forward a copy of the petitionor relevant portions thereof to the FoodSafety and Inspection Service, USDA,for simultaneous review under the PPIAand FMIA.

(2) FDA will ask USDA to advisewhether the proposed meat and poultryuses comply with the FMIA and PPIAor, if not, whether use of the substancewould be permitted in products underUSDA jurisdiction under specifiedconditions or restrictions.

3. Section 71.20 is amended byadding paragraph (a)(3) to read asfollows:

§ 71.20 Publication of regulation.

* * * * *(a) * * *(3) The regulation shall list any use or

uses in meat, meat food product, orpoultry product subject to the FederalMeat Inspection Act (FMIA) (21 U.S.C.601 et seq.) or the Poultry ProductsInspection (PPIA) (21 U.S.C. 451 et seq.)for which the color additive has beenfound suitable and for which it maysafely be employed.* * * * *

PART 170—FOOD ADDITIVES


Authority: 21 U.S.C. 321, 341, 342, 346a,348, 371.

5. Section 170.35 is amended byredesignating paragraphs (c)(3) through(c)(6) as paragraphs (c)(4) through (c)(7),respectively, and by adding newparagraph (c)(3) to read as follows:

§ 170.35 Affirmation of generallyrecognized as safe (GRAS) status.

* * * * *



(c) * * *(3)(i) If intended uses of the substance

include uses in meat, meat foodproduct, or poultry product subject toregulation by the U.S. Department ofAgriculture (USDA) under the PoultryProducts Inspection Act (PPIA) (21U.S.C. 451 et seq.) or Federal MeatInspection Act (FMIA) (21 U.S.C. 601 etseq.), FDA shall, upon filing of thepetition, forward a copy of the petitionor relevant portions thereof to the FoodSafety and Inspection Service, USDA,for simultaneous review under the PPIAand FMIA.

(ii) FDA will ask USDA to advisewhether the proposed meat and poultryuses comply with the FMIA and PPIAor, if not, whether use of the substancewould be permitted in products underUSDA jurisdiction under specifiedconditions or restrictions.* * * * *

PART 171—FOOD ADDITIVEPETITIONS


Authority: 21 U.S.C. 321, 342, 348, 371.

7. Section 171.1 is amended inparagraph (a) by revising the firstsentence, in paragraph (c) in the petitionby revising the introductory paragraphpreceding paragraph A., and by addingparagraph (n) to read as follows:

§ 171.1 Petitions.(a) Petitions to be filed with the

Commissioner under the provisions ofsection 409(b) of the Federal Food,Drug, and Cosmetic Act (the act) shallbe submitted in triplicate(quadruplicate, if intended uses includeuse in meat, meat food product, orpoultry product). * * ** * * * *

(c) * * *Attached hereto, in triplicate

(quadruplicate, if intended uses includeuse in meat, meat food product, orpoultry product), and constituting a partof this petition are the following:* * * * *

(n)(1) If intended uses of the foodadditive include uses in meat, meat foodproduct, or poultry product subject toregulation by the U.S. Department ofAgriculture (USDA) under the PoultryProducts Inspection Act (PPIA) (21U.S.C. 451 et seq.) or the Federal MeatInspection Act (FMIA) (21 U.S.C. 601 etseq.), FDA shall, upon filing of thepetition, forward a copy of the petitionor relevant portions thereof to the FoodSafety and Inspection Service, USDA,for simultaneous review under the PPIAand FMIA.

(2) FDA will ask USDA to advisewhether the proposed meat and poultryuses comply with the FMIA and PPIA,or if not, whether use of the substancewould be permitted in products underUSDA jurisdiction under specifiedconditions or restrictions.

8. Section 171.100 is amended byredesignating paragraph (b) as paragraph(c) and by adding new paragraph (b) toread as follows:

§ 171.100 Regulation based on petition.

* * * * *(b) The regulation shall describe the

conditions under which the substancemay be safely used in any meat product,meat food product, or poultry productsubject to the Federal Meat InspectionAct (FMIA) (21 U.S.C. 601 et seq.) or thePoultry Products Inspection Act (PPIA)(21 U.S.C. 451 et seq.).* * * * *

Dated: August 18, 2000.Margaret M. Dotzel,Associate Commissioner for Policy.[FR Doc. 00–21693 Filed 8–24–00; 8:45 am]BILLING CODE 4160–01–F

DEPARTMENT OF VETERANSAFFAIRS

38 CFR Part 21

RIN 2900–AI74

Veterans Training: VocationalRehabilitation Subsistence AllowanceRates

AGENCY: Department of Veterans Affairs.ACTION: Final rule.

SUMMARY: By statute, VA mustdetermine each fiscal year whatincrease, if any, VA will pay in themonthly rates of basic subsistenceallowance payable under 38 U.S.C.chapter 31. The statute provides aformula for this increase. We arechanging the regulations governing therates of basic subsistence allowance VAwill pay under 38 U.S.C. chapter 31 toshow the increases in these rates forfiscal years 1996 through 2000. Toreflect a statutory change, we are alsochanging the regulations to include ratesfor fiscal years 1995 through 2000 forcertain training or work experience in afacility of an agency of a federallyrecognized Indian tribe. In addition, weare correcting a typographical error inthe fiscal year 1995 rates, makingchanges to conform to statutorylanguage, and making nonsubstantivechanges to improve clarity.DATES: Effective Date: This final rule iseffective August 25, 2000.

Applicability Dates: To conform tostatutory requirements, the changes torate provisions apply retroactively to thedates shown in the SUPPLEMENTARYINFORMATION section.FOR FURTHER INFORMATION CONTACT:Charles Graffam, VocationalRehabilitation and Employment Service,Veterans Benefits Administration, (202)273–7410.SUPPLEMENTARY INFORMATION: VA mustannually determine what increase, ifany VA will pay in the rates ofsubsistence allowance under 38 U.S.C.chapter 31 for programs of educationunder a formula in 38 U.S.C. 3108. Theformula specifies the base subsistenceallowance rates that were effective forthe fiscal year beginning October 1,1993. Under the formula, the effectivedate of any later annual increase isOctober 1, beginning October 1, 1994.Each October 1, subsistence allowancerates have increased by a percentage. Tofind this percentage increase for aparticular fiscal year, look at the total ofthe monthly Consumer Price Index—W(CPI–W) for the 12-month periods thatended on the preceding June 30 and onthe June 30 before that. If the CPI–W forthe later year exceeds the earlier year,subtract the earlier year’s CPI–W fromthe later year’s CPI–W. The result is theallowable percentage increase insubsistence allowance for that fiscalyear.

Under that formula, we are changingthe regulations in 38 CFR 21.260governing monthly rates to reflectincreases for fiscal years 1996 through2000, the fiscal years beginning onOctober 1 of 1995, 1996, 1997, 1998,and 1999, respectively:

Percentageincrease Effective date

2.9 .......................... October 1, 1995.2.7 .......................... October 1, 1996.2.8 .......................... October 1, 1997.1.6 .......................... October 1, 1998.1.6 .......................... October 1, 1999.

Also, we are adding language to theregulations governing monthly rates toreflect a statutory change by Public Law103–446, effective November 2, 1994.This change adds rates for subsistenceallowance for nonpay or nominal payon-job training or work experience in afacility of a federally recognized Indiantribal agency.

In addition, in 38 CFR 21.260(b) thetable concerning rates effective October1, 1994 (but not the information used inmaking actual payments) had atypographical error. The table shouldhave shown $465.08 instead of $465.88.We are correcting that error.



Further, we are making changes toconform to statutory language andnonsubstantive changes to improveclarity.

The changes for fiscal year 1995payable after September 30, 1994, andbefore November 2, 1994, are appliedretroactively from October 1, 1994, asset out in the regulations, under theprovisions of 38 U.S.C. 3108. Thechanges for fiscal year 1995 that includelanguage reflecting a statutory change byPublic Law 103–446 are appliedretroactively from November 2, 1994, asset out in the regulations, under 38U.S.C. 3108 and Public Law 103–446.The changes for fiscal years 1996through 2000 are applied retroactivelyfrom October 1, 1995, October 1, 1996,October 1, 1997, October 1, 1998, orOctober 1, 1999, as respectively set outin the regulations, under 38 U.S.C. 3108and Public Law 103–446.

Administrative Procedure Act

Changes that this final rule makesmerely reflect statutory requirementsand adjustments under a statutorilymandated formula; correct atypographical error; and makenonsubstantive changes to improveclarity. Accordingly, there is a basis fordispensing with notice-and-commentand a delayed effective date under 5U.S.C. 552 and 553.

Unfunded Mandates

The Unfunded Mandates Reform Actrequires, at 2 U.S.C. 1532, that agenciesprepare an assessment of anticipatedcosts and benefits before developing anyrule that may result in an expenditureby State, local, or tribal governments, in

the aggregate, or by the private sector, of$100 million or more in any given year.This final rule will have noconsequential effect on State, local, ortribal governments.

Regulatory Flexibility Act

The Secretary of Veterans Affairshereby certifies that this final rule willnot have a significant economic impacton a substantial number of small entitiesas they are defined in the RegulatoryFlexibility Act, 5 U.S.C. 601–612. Thisfinal rule directly affects onlyindividuals and does not directly affectsmall entities. Therefore, under 5 U.S.C.605(b), this final rule is exempt from theinitial and final regulatory flexibilityanalyses requirements of sections 603and 604.

The Catalog of Federal DomesticAssistance number for the program affectedby this final rule is 64.116.


Administrative practice andprocedure, Armed forces, Civil rights,Claims, Colleges and universities,Conflict of interests, DefenseDepartment, Education, Employment,Grant programs-education, Grantprograms-veterans, Health care, Loanprograms-education, Loan programs-veterans, Manpower training programs,Reporting and recordkeepingrequirements, Schools, Travel andtransportation expenses, Veterans,Vocational education, Vocationalrehabilitation.

Approved: August 14, 2000.Hershel W. Gober,Acting Secretary of Veterans Affairs.

For the reasons set out above, 38 CFRpart 21 (subpart A) is amended as setforth below:

PART 21—VOCATIONALREHABILITATION AND EDUCATION

Subpart A—Vocational RehabilitationUnder 38 U.S.C. Chapter 31

1. The authority citation for part 21,subpart A is revised to read as follows:

Authority: 38 U.S.C. 501(a), 3100–3121,unless otherwise noted.

2. In § 21.260, paragraphs (a), (b), and(c) are revised to read as follows:

§ 21.260 Subsistence allowance.

(a) General. A veteran participating ina rehabilitation program under 38 U.S.C.Chapter 31 will receive a monthlysubsistence allowance at the rates inparagraph (b) of this section, unless theveteran elects to receive payment at therate of monthly educational assistanceallowance payable under 38 U.S.C.Chapter 30 for the veteran’s type oftraining. See § 21.264 for election ofpayment at the Chapter 30 rate and§§ 21.7136, 21.7137, and 21.7138 todetermine the applicable Chapter 30rate.(Authority: 38 U.S.C. 3108(a), 3108(f))

(b) Rate of payment. VA payssubsistence allowance at the rates statedin the following tables:

(1) Subsistence allowance is paid atthe following rates effective October 1,1994, and before November 2, 1994:

Type of program Nodependents

Onedependent

Twodependents

Additionalamount for

eachdependentover two

Institutional: 1

Full-time .................................................................................................................... $374.93 $465.08 $548.05 $39.953⁄4 time ...................................................................................................................... 281.71 349.32 409.76 30.731⁄2 time ...................................................................................................................... 188.49 233.56 274.54 20.49

Nonpay or nominal pay on-job training in a Federal, State, or local agency; training inthe home; vocational course in a rehabilitation facility or sheltered workshop; inde-pendent instructor:

Full-time only ............................................................................................................ 374.93 465.08 548.05 39.95Nonpay or nominal pay work experience in a Federal, State, or local agency:

Full-time .................................................................................................................... 374.93 465.08 548.05 39.953⁄4 time ...................................................................................................................... 281.71 349.32 409.76 30.731⁄2 time ...................................................................................................................... 188.49 233.56 274.54 20.49

Farm cooperative, apprenticeship, or other on-job training: 2

Full-time only ............................................................................................................ 327.81 396.44 456.88 29.71Combination of institutional and OJT (Full-time only):

Institutional greater than 1⁄2 time .............................................................................. 374.93 465.08 548.05 39.45OJT greater than 1⁄2 time ......................................................................................... 327.81 396.44 456.88 29.71

Non-farm cooperative (Full-time only):Institutional ................................................................................................................ 374.93 465.08 548.05 39.95On-job ....................................................................................................................... 327.81 396.44 456.88 29.71

Improvement of rehabilitation potential:




Onedependent

Twodependents



Full-time only ............................................................................................................ 374.93 465.08 548.05 39.953⁄4 time ...................................................................................................................... 281.71 349.32 409.76 30.731⁄2 time ...................................................................................................................... 188.49 233.56 274.54 20.491⁄4 time 3 .................................................................................................................... 94.24 116.78 137.27 10.24

1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the

entrance journeyman wage for the veteran’s objective.3 The quarter-time rate may be paid only during extended evaluation.

(2) Subsistence allowance is paid at the following rates effective November 2, 1994, and before October 1, 1995:


Onedependent

Twodependents



Institutional: 1


Nonpay or nominal pay on-job training in a facility of a Federal, State, local, or feder-ally recognized Indian tribe agency; training in the home; vocational course in a re-habilitation facility or sheltered workshop; independent instructor:

Full-time only ............................................................................................................ 374.93 465.08 548.05 39.95Nonpay or nominal pay work experience in a facility of a Federal, State, local, or fed-

erally recognized Indian tribe agency:Full-time .................................................................................................................... 374.93 465.08 548.05 39.953⁄4 time ...................................................................................................................... 281.71 349.32 409.76 30.731⁄2 time ...................................................................................................................... 188.49 233.56 274.54 20.49

Farm cooperative, apprenticeship, or other on-job training: 2


Institutional greater than 1⁄2 time .............................................................................. 374.93 465.08 548.05 39.45OJT greater than 1⁄2 time ......................................................................................... 327.81 396.44 456.88 29.71

Non-farm cooperative (Full-time only):Institutional ................................................................................................................ 374.93 465.08 548.05 39.95On-job ....................................................................................................................... 327.81 396.44 456.88 29.71

Improvement of rehabilitation potential:Full-time only ............................................................................................................ 374.93 465.08 548.05 39.953⁄4 time ...................................................................................................................... 281.71 349.32 409.76 30.731⁄2 time ...................................................................................................................... 188.49 233.56 274.54 20.491⁄4 time 3 .................................................................................................................... 94.24 116.78 137.27 10.24



(3) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitationprogram under 38 U.S.C. Chapter 31 that occurs after September 30, 1995, and before October 1, 1996:


Onedependent

Twodependents



Institutional:1Full-time .................................................................................................................... $385.80 $478.57 $563.94 $41.113⁄4 time ...................................................................................................................... 289.88 359.45 421.64 31.621⁄2 time ...................................................................................................................... 193.96 240.33 282.50 21.08


Full-time only ............................................................................................................ 385.80 478.57 563.94 41.11Nonpay or nominal pay work experience in a facility of a Federal, State, local, or In-

dian tribe agency:Full-time .................................................................................................................... 385.80 478.57 563.94 41.113⁄4 time ...................................................................................................................... 289.88 359.45 421.64 31.621⁄2 time ...................................................................................................................... 193.96 240.33 282.50 21.08

Farm cooperative, apprenticeship, or other on-job training (OJT): 2




Onedependent

Twodependents




Institutional greater than 1⁄2 time .............................................................................. 385.80 478.57 563.94 41.11OJT greater than 1⁄2 time 2 ....................................................................................... 337.32 407.94 470.13 30.57

Non-farm cooperative (Full-time only):Institutional ................................................................................................................ 385.80 478.57 563.94 41.11On-job 2 ..................................................................................................................... 337.32 407.94 470.13 30.57

Improvement of rehabilitation potential:Full-time only ............................................................................................................ 385.80 478.57 563.94 41.113⁄4 time ...................................................................................................................... 289.88 359.45 421.64 31.621⁄2 time ...................................................................................................................... 193.96 240.33 282.50 21.081⁄4 time 3⁄SU, 96.97 ........................................................................................... 120.17 141.25 10.54





Onedependent

Twodependents



Institutional: 1

Full-time .................................................................................................................... $396.22 $491.49 $579.17 $42.223⁄4time ....................................................................................................................... 297.71 369.16 433.02 32.471⁄2 time ...................................................................................................................... 199.20 246.82 290.13 21.65




Farm cooperative, apprenticeship, or other on-job training (OJT) 2







(5) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitationprogram under 38 U.S.C. Chapter 31 that occurs after September 30, 1997, and before November 1, 1998:


Onedependent

Twodependents



Institutional: 1





Onedependent

Twodependents





erally recognized Indian tribe agency:Full-time .................................................................................................................... 407.31 505.25 595.39 43.403⁄4 .............................................................................................................................. 306.05 379.50 445.14 33.381⁄2 time ...................................................................................................................... 204.78 253.73 298.25 22.26






1For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the


(6) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation

program under 38 U.S.C. Chapter 31 that occurs after September 30, 1998, and before October 1, 1999:


Onedependent

Twodependents



Institutional: 1










1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275.



2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and theentrance journeyman wage for the veteran’s objective.

3 The quarter-time rate may be paid only during extended evaluation.



Onedependent

Twodependents



Institutional:1Full-time .................................................................................................................... $420.45 $521.54 $614.60 $44.803⁄4 time ...................................................................................................................... 315.93 391.74 459.50 34.451⁄2 time ...................................................................................................................... 211.39 261.91 307.87 22.98

Nonpay or nominal pay on-job training in a Federal, State, local, or federally recog-nized Indian tribe agency; training in the home; vocational course in a rehabilitationfacility or sheltered workshop; independent instructor; institutional non-farm cooper-ative:

Full-time only ............................................................................................................ 420.45 521.54 614.60 44.80Nonpay or nominal pay work experience in a Federal, State, local, or federally recog-

nized Indian tribe agency:Full-time only ............................................................................................................ 420.45 521.54 614.60 44.803⁄4 time ...................................................................................................................... 315.93 391.74 459.50 34.451⁄2 time ...................................................................................................................... 211.39 261.91 307.87 22.98

Farm cooperative, apprenticeship, or other on-job training (OJT):2Full-time only ............................................................................................................ 367.62 444.57 512.35 33.32

Combination of institutional and OJT (Full-time only):Institutional greater than 1⁄2 time .............................................................................. 420.45 521.54 614.60 44.80OJT greater than 1⁄2 time2 ........................................................................................ 367.62 444.57 512.35 33.32


Improvement of rehabilitation potential:Full-time .................................................................................................................... 420.45 521.54 $614.60 $44.803⁄4 time ...................................................................................................................... 315.93 391.74 459.50 34.451⁄2 time ...................................................................................................................... 211.39 261.91 307.87 22.981⁄4 time 3 .................................................................................................................... 105.98 130.96 153.93 11.48


entrance journeyman wage for the veteran’s objective.3 The quarter-time rate may be paid only during extended evaluation. (Authority: 38 U.S.C. 3108, 3115(a)(1); Pub. L. 103–446)

(c) Subsistence allowance precluded.A veteran may not receive a subsistenceallowance when VA is providing theveteran only the following services:

(1) Initial evaluation;

(2) Placement and post-placementservices under 38 U.S.C. 3105(b); or

(3) Counseling.

(Authority: 38 U.S.C. 3108 (a)(1) and (a)(3))

* * * * *[FR Doc. 00–21722 Filed 8–24–00; 8:45 am]


FEDERAL COMUNICATIONSCOMMISSION

47 CFR Part 1

[IB Docket No. 98–118; FCC 99–51]

Cable Landing Licenses, Correction

AGENCY: Federal CommunicationsCommission.ACTION: Correcting amendments.

SUMMARY: This document containscorrections to the biennial review ofinternational common carrierregulations (IB Docket No. 98–118, FCC99–51), which were published in theFederal Register of April 19, 1999 (64FR 19057). The regulations related tofiling applications for common and non-common carrier cable landing licensesand the relevant fees applicablecontained in § 1.767(e) of the FederalCommunications Commission rules.

DATES: Effective August 25, 2000.

FOR FURTHER INFORMATION CONTACT:Peggy Reitzel, International Bureau,Telecommunications Division, FederalCommunications Commission, and(202) 418–1499.


Background

The final regulations that are thesubject of these corrections superseded47 CFR 1.767(e) on the effective dateand affect persons requiring commoncarrier cable landing licenses and alsofor the assignment and transfer ofcontrol of cable landing licenses.

Need for Correction

As published, the final regulationscontain errors, by way of omission,which may prove to be misleading andneed to be clarified.



List of Subjects in 47 CFR Part 1Communications common carriers.Accordingly, 47 CFR 1.767(e) is

corrected by making the followingcorrecting amendments:

PART 1—PRACTICE ANDPROCEDURE


Authority: 15 U.S.C. 79 et seq.2. Section 1.767(e) is corrected to read

as follows:

§ 1.767(e) [Corrected]

* * * * *(e) A separate application shall be

filed with respect to each individualcable system for which a license isrequired, or for which modification oramendment of a previous license isrequested. The application fee for a noncommon-carrier cable landing license ispayment type code BJT. Applicants forcommon carrier cable landing licensesshall pay the fees for both a commoncarrier cable landing license (paymenttype code CXT) and overseas cableconstruction (payment type code BIT).There is no application fee formodification of a cable landing license,except that the fee for assignment ortransfer of control of a cable landinglicense is payment type code CUT. See§ 1.1107(2) of this chapter.* * * * *Federal Communications Commission.William F. Caton,Deputy Secretary.[FR Doc. 00–21625 Filed 8–24–00; 8:45 am]BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONSCOMMISSION

47 CFR Part 73

[DA 00–1740; MM Docket No. 98–89; RM–9279, RM–9670]

Radio Broadcasting Services; Hannaand Baggs, Wyoming

AGENCY: Federal CommunicationsCommission.ACTION: Final rule.

SUMMARY: The Commission, at therequest of Mountain TowerBroadcasting, allots Channel 271C toHanna, Wyoming, as the community’sfirst local aural service, and, at therequest of Mount RushmoreBroadcasting, Inc., allots Channel 277Aat Hanna and Channel 277A to Baggs,Wyoming, as the community’s first localaural service. See 63 FR 34620 (June 25,

1998). Channel 271C can be allotted atHanna in compliance with theCommission’s minimum distanceseparation requirements, with respect todomestic allotments, with a siterestriction of 55.7 kilometers (34.6miles) west of the community atcoordinates 42–00–54 and 107–12–32.Channel 277A can be allotted at Hannain compliance with the Commission’sminimum distance separationrequirements, with respect to domesticallotments without a site restriction atcoordinates 41–52–06 and 106–34–00and Channel 277A can be allotted atBaggs in compliance with theCommission’s minimum distanceseparation requirements, with respect todomestic allotments without a siterestriction at coordinates 41–02–12 and107–39–24. Filing windows forChannels 271C and 277A at Hanna and277A at Baggs will not be opened at thistime. Instead, the issue of opening afiling window for each channel will beaddressed by the Commission in asubsequent Order.

DATES: Effective September 18, 2000.

ADDRESSES: Federal CommunicationsCommission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:Victoria M. McCauley, Mass MediaBureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is asynopsis of the Commission’s Reportand Order, MM Docket No. 98–89,adopted July 26, 2000, and releasedAugust 4, 2000. The full text of thisCommission decision is available forinspection and copying during normalbusiness hours in the FCC ReferenceCenter (Room 239), 445 12th Street, SW,Washington, DC. The complete text ofthis decision may also be purchasedfrom the Commission’s copy contractor,International Transcription Services,Inc., (202) 857–3800, 1231 20th Street,NW, Washington, DC 20036.


Radio broadcasting.Part 73 of title 47 of the Code of

Federal Regulations is amended asfollows:

PART 73—[AMENDED]


Authority: 47 U.S.C. 154, 303, 334, 336.

2. Section 73.202(b), the Table of FMAllotments under Wyoming, is amendedby adding Hanna, Channel 271C, 277Aand Baggs, Channel 277A.

Federal Communications Commission.John A. Karousos,Chief, Allocations Branch, Policy and RulesDivision, Mass Media Bureau.[FR Doc. 00–21401 Filed 8–24–00; 8:45 am]BILLING CODE 6712–01–P


National Highway Traffic SafetyAdministration

49 CFR Part 571

[Docket No. NHTSA–98–4807]

RIN 2127–AH72

Federal Motor Vehicle SafetyStandards; Compressed Natural GasFuel Containers

AGENCY: National Highway TrafficSafety Administration (NHTSA),Department of Transportation (DOT).ACTION: Final rule, correctingamendment; Response to Petitions forReconsideration.

SUMMARY: On December 3, 1998, wepublished a final rule that deleted thematerial and manufacturing processrequirements in the Federal motorvehicle safety standard on compressednatural gas fuel containers. As part ofthis final rule, we amended theprovisions relating to the hydrostaticburst test to remove any reference to thedeleted requirements. Thoseamendments also inadvertentlyamended the hydrostatic burst testrequirement to require the stress ratio tobe applied as a pressure ratio. Thisdocument corrects that error, andthereby moots requests related to thatamendment in several petitions forreconsideration of the 1998 final rule.

This document also denies the requestin a petition for reconsideration fromLincoln Composites, Inc., to link thedeletion of the material andmanufacturing process requirementswith the addition of new performancetests to the standard.DATES: This final rule is effective August25, 2000. Petitions for reconsiderationmust be received by October 10, 2000.ADDRESSES: Petitions should refer to thedocket number of this rule and besubmitted to: Administrator, NationalHighway Traffic Safety Administration,400 7th Street, SW, Washington, DC20590.

FOR FURTHER INFORMATION CONTACT:For non-legal issues: Mr. Charles Hott,

NPS–12, Office of CrashworthinessStandards, National Highway TrafficSafety Administration, 400 Seventh



1 ANSI/NGV2 includes the following threeenhanced material performance test requirements:

1. Sulfide stress cracking resistance of highstrength steels using the methods of NACE StandardTM0177–90;

2. Sustained load cracking for aluminum alloysin accordance with Annex D of ISO/DIS 7866; and

3. Intercrystalline corrosion and stress corrosiontests for aluminum alloys in accordance withAnnex A of ISO/DIS 7866.

Street, SW., Washington, DC 20590(Telephone 202–366–0247) (FAX 202–366–4329).

For legal issues: Mr. Stephen P.Wood, NCC–20, Assistant Chief Counselfor Rulemaking, National HighwayTraffic Safety Administration, 400Seventh Street, SW., Washington, DC20590 (Telephone 202–366–2992) (FAX202–366–3820).SUPPLEMENTARY INFORMATION:

I. BackgroundIn a final rule published on December

3, 1998, we deleted the material andmanufacturing process requirementsfrom Federal Motor Vehicle SafetyStandard No. 304, Compressed NaturalGas Fuel Container Integrity, andamended S7.2.1 and S7.2.2 of theStandard to eliminate any reference tothe deleted requirements. We explainedthat we believed that deleting theserequirements would facilitatetechnological innovation withouthaving an adverse affect on safety.

In addition, we noted that we werenot replacing the deleted requirementswith other requirements, as had beensuggested by some commenters on theNotice of Proposed Rulemaking(NPRM). We gave several reasons forthat decision.

First, we determined that the currenttesting requirements in Standard No.304 for pressure cycling, burst, andbonfire were sufficient to ensure anappropriate level of safety for CNG fuelcontainers. These tests indirectly ensurethat the containers are manufacturedusing appropriate materials and wallthicknesses. We concluded, therefore,that the Standard’s design and materialrequirement unnecessarily restricted theability of manufacturers to use the latesttechnology in manufacturing CNG fuelcontainers.

Second, we explained that we had noevidence indicating the existence of asafety problem that would be addressedby adding additional tests to theStandard. We explained that we knew ofsix CNG fuel container ruptures that hadoccurred since 1993. Mishandling,misuse, and improper placement andmaintenance of the CNG fuel containerscaused the failures. We determined thatall six ruptures could have beenprevented if appropriate precautionshad been taken (e.g., proper placementand shielding of the CNG fuelcontainers along with a periodicinspection of the container, as directedby the labels on the CNG fuelcontainers). We also found that none ofthe additional testing provisions 1 in the

new American National StandardsInstitute (ANSI) industry standard(ANSI/NGV2) would have preventedthese cylinder failures. We concluded,therefore, that addition of those testswas unnecessary.

Third, we concluded that testing forsuch time-related failures as corrosion,stress rupture, viscoelastic yielding, andaging may be impracticable due to thesmall sample size and short time periodinvolved with testing. Thus, weexplained that even if there were asafety problem that could not beaddressed by the standard’s currenttesting requirements, we believed itwould be inappropriate to require theseparticular tests given the currentuncertainty about their effectiveness.

Fourth, we explained that we did notbelieve that manufacturers would fail toexercise care in selecting appropriatematerials to manufacture CNGcontainers and stressed that any CNGfuel containers that might be found inthe future to have an unanticipatedsafety related failure would be subject torecall. Fifth, we stated that we wouldcontinue to monitor the performance ofCNG fuel containers closely and saidthat should a safety problem arise, wewould take the appropriate regulatory orenforcement action.

II. Petitions for Reconsideration andTechnical Amendment of the Final Rule

Lincoln Composites (Lincoln) andPressed Steel Tank Co. (PST) eachsubmitted a petition for reconsiderationof the final rule. In addition, GeneralMotors (GM) petitioned for a technicalamendment to that final rule.

A. Hydrostatic Burst Test Requirementsin S7.2.2

Lincoln, PST, and GM all objected tothe revision of S7.2.2, which specifiesrequirements for the hydrostatic bursttest. Both PST and Lincoln argued thatno notice was given in the NPRM thatwe were considering amending thoserequirements. PST stated that therevision to S7.2.2 altered the burst testperformance requirement for compositereinforced CNG containers by requiringthe stress ratio in Table 1 of theStandard to be applied as a pressureratio. PST explained that this regulatorychange reversed a prior amendment toS7.2.2 that had been made in a July 24,1995 final rule.

GM stated that the changes to theregulatory language of S7.2.2 not onlyremoved a reference to S5.5.1, butaltered the burst performancerequirement. GM stated that it believedthis change was inadvertent andrequested that we issue a technicalcorrection to correct the problem.

Lincoln stated that the removal ofSections 5.5, 5.5.1, and 5.5.2 along withthe revision of Sections 7.2.1 and 7.2.2,modified the intent of the stress ratiosand amended the hydrostatic burst testrequirement. To address this problem,Lincoln stated that we should reinstateSections 5.5, 5.5.1, and 5.5.2 and returnSections 7.2.1 and 7.2.2 to their originalwording. Lincoln also stated that, if wefailed to do this, we should withdrawthe rule in its entirety or stay the rulepending reconsideration and courtreview of its merits.

As part of the December 3 final rule,we amended the requirement in S7.2.2for the hydrostatic burst test to removeany reference to the deleted materialand manufacturing requirements. Ourintent in amending S7.2.2 was simply toremove any reference to the deletedrequirements—not to alter the burstperformance requirement. However, theregulatory language of the final ruleinadvertently amended the hydrostaticburst test requirement to require thevalues in Table 1 to be applied aspressure ratios.

This document corrects that error. Weare amending S4 to remove thedefinition of ‘‘stress ratio.’’ We arerevising S7.2.2 to remove the referenceto stress ratio and to state that burstpressure shall not be less than the 2.25times the service pressure as suggestedby PST. Finally, we are removing Table1 from the standard because it will nolonger be needed.

We are not reinstating S5.5, S5.5.1,and S5.5.2 and returning S7.2.1 andS7.2.2 to their original wording, asrequested by Lincoln, nor are wewithdrawing the rule in its entirety. Asstated above, we are making a technicalcorrection that essentially returns S7.2.2to the burst test performancerequirement that existed prior to theDecember 3 final rule. We believe thatthis technical correction adequatelyaddresses Lincoln’s concern that we hadaltered the hydrostatic burst testrequirement and the intent of the stressratios.

B. Additional Performance TestsIn its petition, Lincoln also reiterated

the concerns that it raised in itscomments on the NPRM and asked theagency to reconsider its decision toremove the material and manufacturingrequirements without adding new



2 We note that while several of the commentersto the NPRM stated that NHTSA should amendStandard No. 304 to require additional tests toprevent in-service failures of CNG containers, noneprovided evidence indicating the existence of asafety problem with in-service failures that was notaddressed by the Standard’s current tests andwould be addressed by the inclusion of additionaltests.

performance tests to the standard.Lincoln argued that the followingperformance tests were necessary toensure safety:

1. Sulfide stress cracking resistance ofhigh strength steels using the methodsof NACE Standard TM0177–90;

2. Sustained load cracking foraluminum alloys in accordance withAnnex D of ISO/DIS 7866;

3. Intercrystalline corrosion and stresscorrosion tests for aluminum alloys inaccordance with Annex A of ISO/DIS7866; and

4. Cycling tests to determine leakbefore rupture failure modes or highcyclic fatigue safety margins.

Lincoln stated that ANSI, theCanadian Standards Association (CSA),and the International StandardsOrganization (ISO) included such testsin their individual CNG containerstandards (ANSI NGV2, CSA B51 Part 2,and ISO/FDIS 11439). Lincolnexplained that these tests were based onextensive testing and an examination offield events that caused damage but notrupture and were included in responseto safety failures. Lincoln cited oneinstance of a safety failure: the ruptureof a steel cylinder after a small numberof fills. This incident was discussed ata November 28, 1990, NHTSA publicmeeting. Lincoln argued that the lack ofadditional field ruptures was due, inpart, to the fact that most of the NGVfuel containers sold in the United Stateswere qualified to NGV2 in addition toStandard No. 304. Lincoln argued thatnew manufacturers could make and sellunsafe fuel containers if additional testswere not included in Standard No. 304.

We are denying Lincoln’s request andaffirming our earlier decision to notreplace the deleted requirements withother requirements for several reasons.First, we continue to believe thatStandard No. 304’s current testingrequirements—pressure cycling, burst,and bonfire—are sufficient to ensure anappropriate level of safety for CNG fuelcontainers.

Second, we still have no evidenceindicating the existence of a safetyproblem that would be addressed byincluding additional tests in theStandard.2 As stated in the December 3,1998 final rule, we know of six CNGfuel container ruptures that haveoccurred since 1993. According to a

safety bulletin published by the GasResearch Institute in October 1996, allsix ruptures could have been preventedif appropriate precautions had beentaken. Mishandling, misuse, andimproper placement and maintenance ofthe CNG fuel containers caused thefailures. In four of the cases, the CNGfuel container did not have a shield toprotect it from impact damage. Avehicle design change would addressthis problem. In the other two cases, theCNG fuel containers ruptured afterprolonged exposure to acidic fluids. Inthose two cases, the shieldingsurrounding the CNG fuel containerslacked adequate drainage.Consequently, acidic fluidsaccumulated in the area beneath thecontainers and damaged the CNG fuelcontainers. We believe that the properplacement and shielding of the CNGfuel containers along with a periodicinspection of the container, as directedby the CNG fuel containers label, couldhave prevented these failures.

Third, none of the additional testingprovisions in ANSI/NGV2, CSA B51Part 2, or ISO/FDIS 11439 would haveprevented these cylinder failures. Theonly failure cited by Lincoln occurredprior to 1990, before Standard No. 304was issued. We believe that StandardNo. 304’s current testing requirements—pressure cycling, burst, and bonfire—would have prevented such a failure. Inaddition, while Lincoln stated thatANSI, CSA, and ISO includedadditional tests in their standards inresponse to safety failures, it did notprovide any evidence of these failures.Further, although it stated that theseadditional tests were based on extensivetesting and examination of field eventsthat caused damage but not rupture,they did not provide any data.

Fourth, we do not believe thatmanufacturers will fail to exercise carein selecting appropriate materials tomanufacture CNG containers. We willcontinue to monitor the performance ofCNG fuel containers closely. Should asafety problem arise, we will take theappropriate regulatory or enforcementaction.

Finally, Lincoln also argued that ourdecision not to include additionalperformance tests, such as thoseincluded in ANSI NGV2, CSA B51 Part2, and ISO/FDIS 11439 disruptsinternational harmonization efforts. Wedisagree. While we do not requiremanufacturers to certify their CNGcontainers to these additional tests,nothing prohibits them from doing so.

III. Effective DateWe find good cause for making this

final rule effective immediately. The

stated purpose of the final rule was todelete the material and manufacturingrequirements for CNG containers and toremove any references to thoserequirements in S7.2.1 and S7.2.2, notto amend the hydrostatic burst testrequirements. This rule corrects an errorwhich resulted unintentionallyamending the hydrostatic burst testrequirement. We have, therefore,determined that there is good cause forthis final rule to be effectiveimmediately upon publication.

VI. Rulemaking Analyses

A. Executive Order 12866 and DOTRegulatory Policies and Procedures

This final rule was reviewed underE.O. 12866. We have analyzed this ruleand determined that it is not‘‘significant’’ within the meaning of theDepartment of Transportation’sregulatory policies and procedures. Thisrule does not impose any newrequirements on manufacturers. Itsimply corrects an error.

B. Regulatory Flexibility Act

We have considered the effects of thisrulemaking action under the RegulatoryFlexibility Act (5 U.S.C. 601 et seq.). Ihereby certify that the final rule wouldnot have a significant economic impacton a substantial number of smallentities.

The following is our statementproviding the factual basis for thecertification (5 U.S.C. 605(b)). The finalrule primarily affects manufacturers ofCNG containers. The Small BusinessAdministration’s size standards (13 CFRpart 121) are organized according toStandard Industrial Classification Codes(SIC). SIC Code 3714 ’’Motor VehicleParts and Accessories‘‘ has a smallbusiness size standard of 750 employeesor fewer.

This rule does not impose any newrequirements on manufacturers. Itsimply corrects an error. Thus, webelieve that this final rule will not havea significant economic impact on asubstantial number of small businesses.

C. Paperwork Reduction Act

We have analyzed this rule under thePaperwork Reduction Act of 1995 (Pub.L. 104–13) and determined that it willnot impose any information collectionrequirements as that term is defined bythe Office of Management and Budget(OMB) in 5 CFR part 1320.

D. National Environmental Policy Act

We have considered theenvironmental implications of this finalrule in accordance with the NationalEnvironmental Policy Act of 1969 and



determined that it will not significantlyaffect the human environment.

E. The Unfunded Mandates Reform Act

The Unfunded Mandates Reform Actof 1995 (Pub. L. 104–4) requiresagencies to prepare a written assessmentof the costs, benefits and other effects ofproposed or final rules that include aFederal mandate likely to result in theexpenditure by State, local or tribalgovernments, in the aggregate, or by theprivate sector, of more than $100million annually. Annual expendituresfrom this final rule will not exceed the$100 million threshold.

F. Executive Order 13132 (Federalism)

The agency has analyzed thisrulemaking in accordance with theprinciples and criteria contained inExecutive Order 13132 and hasdetermined that it does not havesufficient federalism implications towarrant consultation with State andlocal officials or the preparation of afederalism summary impact statement.The final rule has no substantial effectson the States, or on the current Federal-State relationship, or on the currentdistribution of power andresponsibilities among the various localofficials.

G. Civil Justice Reform

This rule has no retroactive effect. Weare not aware of any state law thatwould be preempted by this rule. Thisrule does not repeal any existing Federallaw or regulation. This rule does notimpose any new requirements onmanufacturers. It simply corrects anerror. This rule does not requiresubmission of a petition forreconsideration or the initiation of otheradministrative proceedings before aparty may file suit in court.


Motor vehicle safety, Reporting andrecord keeping requirements, Tires.

In consideration of the foregoing, theagency is amending part 571 of Title 49of the Code of Federal Regulations asfollows:

PART 571—FEDERAL MOTORVEHICLE SAFETY STANDARDS


Authority: 49 U.S.C. 322, 30111, 30115,30117, and 30166; delegation of authority at49 CFR 1.50

2. Section 571.304 is amended byremoving the definition of ‘‘stress ratio’’from S4, republishing S7.2, and revisingS7.2.2 to read as follows:

§ 571.304 Standard No. 304; Compressednatural gas fuel container integrity.

* * * * *S7.2 Hydrostatic burst test.

* * * * *S7.2.2 Each Type 2, Type 3, or Type

4 CNG fuel container shall not leakwhen subjected to burst pressure andtested in accordance with S8.2. Burstpressure shall be not less than 2.25times the service pressure.

Issued on: August 22, 2000.L. Robert Shelton,Executive Director.[FR Doc. 00–21778 Filed 8–24–00; 8:45 am]BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and AtmosphericAdministration

50 CFR Part 679

[Docket No. 000211039-0039-01; I.D.082200A]

Fisheries of the Exclusive EconomicZone Off Alaska; Deep-Water SpeciesFishery by Vessels Using Trawl Gear inthe Gulf of Alaska

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Closure.

SUMMARY: NMFS is prohibiting directedfishing for species that comprise thedeep-water species fishery by vesselsusing trawl gear in the Gulf of Alaska(GOA). This action is necessary becausethe third seasonal apportionment of the2000 Pacific halibut bycatch allowancespecified for the deep-water speciesfishery in the GOA has been caught.DATES: Effective 1200 hrs, Alaska localtime (A.l.t.), August 23, 2000, until 1200hrs, A.l.t., October 1, 2000.FOR FURTHER INFORMATION CONTACT:Mary Furuness, 907-586-7228.SUPPLEMENTARY INFORMATION: NMFSmanages the groundfish fishery in theGOA exclusive economic zoneaccording to the Fishery ManagementPlan for Groundfish of the Gulf ofAlaska (FMP) prepared by the NorthPacific Fishery Management Council

under authority of the Magnuson-Stevens Fishery Conservation andManagement Act. Regulations governingfishing by U.S. vessels in accordancewith the FMP appear at subpart H of 50CFR part 600 and 50 CFR part 679.

The Pacific halibut bycatch allowancefor the GOA trawl deep-water speciesfishery, which is defined at §679.21(d)(3)(iii)(B), was established bythe Final 2000 Harvest Specificationsfor Groundfish for the GOA (65 FR 8298,February 18, 2000) for the third season,the period July 4, 2000, throughSeptember 30, 2000, as 400 metric tons.

In accordance with § 679.21(d)(7)(i),the Administrator, Alaska Region,NMFS, has determined that the thirdseasonal apportionment of the 2000Pacific halibut bycatch allowancespecified for the trawl deep-waterspecies fishery in the GOA has beencaught. Consequently, NMFS isprohibiting directed fishing for thedeep-water species fishery by vesselsusing trawl gear in the GOA. Thespecies and species groups thatcomprise the deep-water species fisheryare: all rockfish of the genera Sebastesand Sebastolobus, deep-water flatfish,rex sole, arrowtooth flounder, andsablefish.

Maximum retainable bycatch amountsmay be found in the regulations at §679.20(e) and (f).

Classification

This action responds to the bestavailable information recently obtainedfrom the fishery. It must beimplemented immediately in order toprevent exceeding the third seasonalapportionment of the 2000 Pacifichalibut bycatch allowance specified forthe trawl deep-water species fishery inthe GOA. A delay in the effective dateis impracticable and contrary to thepublic interest. NMFS finds for goodcause that the implementation of thisaction can not be delayed for 30 days.Accordingly, under 5 U.S.C. 553(d), adelay in the effective date is herebywaived.

This action is required by § 679.21and is exempt from review underExecutive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: August 22, 2000.Bruce C. MoreheadActing Director, Office of SustainableFisheries, National Marine Fisheries Service.[FR Doc. 00–21789 Filed 8–22–00; 3:50 pm]Billing Code: 3510–22–S


This section of the FEDERAL REGISTERcontains notices to the public of the proposedissuance of rules and regulations. Thepurpose of these notices is to give interestedpersons an opportunity to participate in therule making prior to the adoption of the finalrules.

Proposed Rules Federal Register

51773

Vol. 65, No. 166




7 CFR Part 1755

RIN 0572–AB41

Telecommunications SystemConstruction Contract andSpecifications

AGENCY: Rural Utilities Service, USDA.ACTION: Proposed rule.

SUMMARY: The Rural Utilities Service(RUS) proposes to amend its regulationson Telecommunications Standards andSpecifications for Materials, Equipmentand Construction, by revising RUSContract Form 515, Telephone SystemConstruction Contract, and revising andrenumbering RUS Bulletin 345–150,Specifications and Drawings forConstruction of Direct Buried Plant(Form 515a); RUS Bulletin 345–151,Specifications and Drawings for Conduitand Manhole Construction (Form 515c);RUS Bulletin 345–152, Specificationsand Drawings for Underground CableInstallation (Form 515d); RUS Bulletin345–153, Specifications and Drawingsfor Construction of Pole Lines, AerialCables and Wires (Form 515f); and RUSBulletin 345–154, Specifications andDrawings for Service Entrance andStation Protector Installation (Form515g). The revised contract andspecifications will incorporate the latesttechnology, remove redundant oroutdated requirements, and simplify thespecification format.DATES: Written comments must bereceived by RUS or be postmarked nolater than December 26, 2000.ADDRESSES: Comments should bemailed to Gerald F. Nugent, Jr., Director,Telecommunications StandardsDivision, Rural Utilities Service, U.S.Department of Agriculture, 1400Independence Ave., SW., Stop 1598,Washington, DC 2050–1598. RUSrequests an original and three copies ofall comments (7 CFR part 1700.4). Allcomments received will be made

available for public inspection at room2870, South Building, U.S. Departmentof Agriculture, 1400 Independence Ave.,SW., Stop 1598, Washington, DC 20250–1598, between 8 a.m. and 4 p.m. (7 CFR1.27(b)).

FOR FURTHER INFORMATION CONTACT:Charlie I. Harper, Jr., Chief, OutsidePlant Branch, TelecommunicationsStandards Division, Rural UtilitiesService, U.S. Department of Agriculture,1400 Independence Ave., SW., Stop1598, Washington, DC 20250–1598,telephone (202) 720–0667.



This proposed rule has beendetermined to be not significant forpurposes of Executive Order 12866 and,therefore, has not been reviewed by theOffice of Management and Budget(OMB).


This proposed rule has been reviewedunder Executive Order 12988, CivilJustice Reform. RUS has determinedthat this proposed rule meets theapplicable standards provided inSection 3 of the Executive Order. Inaddition, all State and local laws andregulations that are in conflict with thisrule will be preempted, no retroactiveeffort will be given to this rule, and, inaccordance with section 212(e) of theDepartment of AgricultureReorganization Act of 1994 (7 U.S.C.6912(e)), administrative appealprocedures, if any, must be exhaustedbefore an action against the Departmentor its agencies may be initiated.

Regulatory Flexibility Act Certification

RUS has determined that thisproposed rule will not have a significanteconomic impact on a substantialnumber of small entities, as defined bythe Regulatory Flexibility Act (5 U.S.C.601 et seq.). The RUStelecommunications program providesloans to borrowers at interest rates andon terms that are more favorable thanthose generally available from theprivate sector. RUS borrowers, as resultof obtaining federal financing, receiveeconomic benefits that exceed anydirect economic costs associated withcomplying with RUS regulations andrequirements.

Information Collection andRecordkeeping Requirements

The form and bulletins which areIncorporated by Reference in this rulewere previously approved under OMBcontrol number 0572–0059. OMBapproval of the information collectionrequirements under the PaperworkReduction Act of 1995 (44 U.S.C.Chapter 35, as amended) of OMBcontrol number 0572–0059 haveexpired. RUS will publish a separateNotice in the Federal Register regardingthe collection of information previouslycovered by OMB control number 0572–0059 and provide an opportunity forpublic comment. RUS will publish aseparate Notice in the Federal Registerupon receipt of OMB approval of thecollection of information. No person isrequired to respond to the collection ofinformation required by this rule untilsuch Notice is published.


The Administrator of RUS hasdetermined that this proposed rule willnot significantly affect the quality of thehuman environment as defined by theNational Environmental Policy Act of1969 (42 U.S.C. 4321 et seq.) Therefore,this action does not require anenvironmental impact statement orassessment.

Catalog of Federal Domestic Assistance

The program described by thisproposed rule is listed in the Catalog ofFederal Domestic Assistance programunder No. 10.851, Rural TelephoneLoans and Loan Guarantees, and No.10.852, Rural Telephone Bank Loans.This catalog is available on asubscription basis from theSuperintendent of Documents, the U.S.Government Printing Office,Washington, DC 20402–9325.Telephone: (202) 512–1800.


This proposed rule is excluded fromthe scope of Executive Order 12372,Intergovernmental Consultation, whichmay require consultation with State andlocal officials. A final rule related noticeentitled ‘‘Department Programs andActivities Excluded from ExecutiveOrder 12372,’’ (50 FR 47034) exemptsRUS and RTB loans and loanguarantees, and RTB bank loans, fromcoverage under this Order.

VerDate 11<MAY>2000 08:24 Aug 24, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\25AUP1.SGM pfrm07 PsN: 25AUP1

51774 Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Proposed Rules

Unfunded MandatesThis proposed rule contains no

Federal mandates (under the regulatoryprovision of Title II of the UnfundedMandates Reform Act) for State, local,and tribal governments or the privatesector. Thus this proposed rule is notsubject to the requirements of sections202 and 205 of the Unfunded MandatesReform Act.

BackgroundAn advance notice of proposed

rulemaking (ANPR) was publishedSeptember 16, 1998, in the FederalRegister at 63 FR 49504. This ANPRsummarized that RUS proposed toamend 7 CFR part 1755,Telecommunications Standards andSpecifications for Materials, Equipmentand Construction, by revising RUSContract Form 515,Telecommunications SystemConstruction Contract (Labor andMaterials), to incorporate the latesttechnology, remove redundant andoutdated requirements, and simplify thespecification format. The commentperiod closed December 15, 1998, andno comments were received.

RUS issues contracts, standards andspecification for construction oftelecommunications facilities financedwith RUS loan funds. RUS is proposingto revise RUS Contract Form 515,Telephone System ConstructionContract, and revise and renumber theassociated supplemental specificationsfrom RUS Bulletin 345–150 (RUS Form515a) to RUS Bulletin 1753F–150 (RUSForm 515a), Specifications andDrawings for Construction of DirectBuried Plant; RUS Bulletins 345–151(RUS Form 515c) and 345–152 (RUSForm 515d) combined into RUS Bulletin1753F–151 (RUS Form 515b),Specifications and Drawings forConstruction of Underground Plant;RUS Bulletin 345–153 (RUS Form 515f)to RUS Bulletin 1753F–152 (RUS Form515c) Specifications and Drawings forConstruction of Aerial Plant; and, RUS

Bulletin 345–154 (RUS Form 515g) toRUS Bulletin 1753F–153 (RUS Form515d), Specifications and Drawings forService Installations at Customer AccessLocations. The renumbering efforts is toconform to the existing numberingsystem maintained by the agency.

The current RUS Contract Form 515,Telephone System ConstructionContract, and the associatedsupplemental specifications are used byborrowers to secure the services of acontractor for the construction oftelecommunications facilities. Becauseof advancements made in constructioninstallation methods and materials, thepresent form of the contract and theassociated specifications have becomeoutdated. To allow borrowers andcontractors to take advantage of theseimproved construction installationmethods and materials, the currentcontract form and associatedspecification will be revised.

The documents contain revisions andchanges including the ability of theborrower to optionally include theborrower and engineer as co-insuredunder the contractor’s insurance policy.


Incorporation by reference, Loanprograms—communications, Reportingand recordkeeping requirements, Ruralareas, Telephone.

For reasons set out in the preamble,RUS proposes to amend chapter XVII oftitle 7 of the Code of FederalRegulations as follows:

PART 1755—TELECOMMUNICATIONSSTANDARDS AND SPECIFICATIONSFOR MATERIALS, EQUIPMENT ANDCONSTRUCTION



2. Section 1755.30 is amended byrevising paragraph (c)(34) to read asfollows:

§ 1755.30 List of telecommunicationsstandard contract forms.

* * * * *(c) List of telecommunications

standard contract forms.(34) RUS Form 515, issued [Effective

date of final rule], TelecommunicationsSystem Construction contract (Laborand Materials).* * * * *

3. Section 1755.97 is amended byrevising the introductory text andremoving the entries RUS Bulletins345–150, 345–151, 345–152, 345–153,and 345–154 from the table and adding,in their place, new entries 1753F–150,1753F–151, 1753F–152, and 1753F–153to read as follows:

§ 1755.97 Incorporation by reference oftelecommunications standards andspecifications.

The following telecommunicationsbulletins are pending approval forincorporation by reference by theDirector of the Office of the FederalRegister in accordance with 5 U.S.C.552(a) and 1 CFR part 51. Thesebulletins contain construction standardsand specifications for materials andequipment and may be obtained fromthe Rural Utilities Service, ProgramDevelopment and Regulatory Analysis,1400 Independence Ave., Stop 1522,Room 4028 South Building,Washington, DC 20250–1522. Thebulletins are available for inspection atthe Office of the Federal Register, 800North Capitol Street, NW., Suite 700,Washington, DC. These materials will beincorporated as they exist on the date ofthe approval and a notice of any changein these materials will be published inthe Federal Register. The terms ‘‘RUSform’’, ‘‘RUS standard form’’, ‘‘RUSspecification’’, and ‘‘RUS bulletin’’ havethe same meaning as the terms ‘‘REAform’’, ‘‘REA standards form’’, ‘‘REAspecification’’, and ‘‘REA bulletin’’,respectively, unless otherwiseindicated.

RUS BulletinNo.

SpecificationNo. Date last issued Title of standard or specification

* * * * * * *1753F–150 ....... Form 515a ........ [Effective date of final

rule].Specifications and Drawings for Construction of Direct Buried Plant.

1753F–151 ....... Form 515b ........ [Effective date of finalrule].

Specifications and Drawings for Construction of Underground Plant.

1753F–152 ....... Form 515c ........ [Effective date of finalrule].

Specifications and Drawings for Construction of Aerial Plant.

1753F–153 ....... Form 515d ........ [Effective date of finalrule].

Specifications and Drawings for Service Installations at Customer Access Loca-tions.


51775Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Proposed Rules

Date: August 17, 2000.Jill Long Thompson,Under Secretary, Rural Development.[FR Doc. 00–21773 Filed 8–24–00; 8:45 am]BILLING CODE 3410–15–P



14 CFR Part 39

[Docket No. 2000–NM–114–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus ModelA310 and A300–600 Series Airplanes

AGENCY: Federal AviationAdministration, DOT.ACTION: Notice of proposed rulemaking(NPRM).

SUMMARY: This document proposes theadoption of a new airworthinessdirective (AD) that is applicable tocertain Airbus Model A310 and A300–600 series airplanes. This proposalwould require replacement of the flightcontrol computers (FCC) with new,improved FCC’s having updatedsoftware installed. This proposal alsowould require, for some airplanes,modification of the wiring of the FCC’s.This action is necessary to preventautopilot reversions in certain flightconditions, which could result inmisunderstanding by the flight crew andconsequent reduced ability to takeappropriate action. This action isintended to address the identifiedunsafe condition.DATES: Comments must be received bySeptember 25, 2000.ADDRESSES: Submit comments intriplicate to the Federal AviationAdministration (FAA), TransportAirplane Directorate, ANM–114,Attention: Rules Docket No. 2000–NM–114–AD, 1601 Lind Avenue, SW.,Renton, Washington 98055–4056.Comments may be inspected at thislocation between 9:00 a.m. and 3:00p.m., Monday through Friday, exceptFederal holidays. Comments may besubmitted via fax to (425) 227–1232.Comments may also be sent via theInternet using the following address: [email protected]. Commentssent via fax or the Internet must contain‘‘Docket No. 2000–NM–114–AD’’ in thesubject line and need not be submittedin triplicate. Comments sent via theInternet as attached electronic files mustbe formatted in Microsoft Word 97 forWindows or ASCII text.

The service information referenced inthe proposed rule may be obtained from

Airbus Industrie, 1 Rond Point MauriceBellonte, 31707 Blagnac Cedex, France.This information may be examined atthe FAA, Transport AirplaneDirectorate, 1601 Lind Avenue, SW.,Renton, Washington.FOR FURTHER INFORMATION CONTACT:Norman B. Martenson, Manager,International Branch, ANM–116, FAA,1601 Lind Avenue, SW., Renton,Washington 98055–4056; telephone(425) 227–2110; fax (425) 227–1149.SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited toparticipate in the making of theproposed rule by submitting suchwritten data, views, or arguments asthey may desire. Communications shallidentify the Rules Docket number andbe submitted in triplicate to the addressspecified above. All communicationsreceived on or before the closing datefor comments, specified above, will beconsidered before taking action on theproposed rule. The proposals containedin this notice may be changed in lightof the comments received.



• For each issue, state what specificchange to the proposed AD is beingrequested.


Comments are specifically invited onthe overall regulatory, economic,environmental, and energy aspects ofthe proposed rule. All commentssubmitted will be available, both beforeand after the closing date for comments,in the Rules Docket for examination byinterested persons. A reportsummarizing each FAA-public contactconcerned with the substance of thisproposal will be filed in the RulesDocket.

Commenters wishing the FAA toacknowledge receipt of their commentssubmitted in response to this noticemust submit a self-addressed, stampedpostcard on which the followingstatement is made: ‘‘Comments toDocket Number 2000–NM–114–AD.’’The postcard will be date stamped andreturned to the commenter.

Availability of NPRMs

Any person may obtain a copy of thisNPRM by submitting a request to theFAA, Transport Airplane Directorate,ANM–114, Attention: Rules Docket No.

2000–NM–114–AD, 1601 Lind Avenue,SW., Renton, Washington 98055–4056.

DiscussionThe Direction Generale de l’Aviation

Civile (DGAC), which is theairworthiness authority for France,notified the FAA that an unsafecondition may exist on certain AirbusModel A310 and A300–600 seriesairplanes. The existing design of theautomatic flight system allows forautomatic reversion to ‘‘SPD’’ (MACH)mode in certain flight phases when theairplane speed is not maintainable. TheDGAC advises that, in some cases, flightcrews may not immediately understandthese reversions. For example, onapproach, a reversion from ‘‘V/Sdescent’’ to ‘‘SPD climb’’ could occur incertain flight conditions, and result inthe airplane climbing instead ofdescending. Such reversions, if notcorrected, could result inmisunderstanding by the flight crew andconsequent reduced ability to takeappropriate action.


The manufacturer has issued AirbusService Bulletins A310–22–2048,Revision 01, and A310–22–2049,Revision 02, each dated March 6, 2000(for Airbus Model A310 series airplanes)and A300–22–6038, dated August 24,1999 (for Airbus Model A300–600 seriesairplanes). These service bulletinsdescribe procedures for replacement ofthe flight control computers (FCC) withnew, improved FCC’s having updatedsoftware installed. The new softwareincludes a number of designimprovements to the automatic flightsystem, including changes to remove theautomatic reversions.

The manufacturer also has issuedAirbus Service Bulletins A310–22–2051,Revision 02, dated March 8, 2000 (forAirbus Model A310 series airplanes)and A300–22–6040, Revision 02, datedMarch 6, 2000 (for Airbus Model A300–600 series airplanes). These servicebulletins describe procedures formodifying the wiring in the left-handelectronics rack 80VU to allow the newFCC’s to distinguish between an AirbusModel A310 and an Airbus ModelA300–600 series airplane.

Accomplishment of the actionsspecified in the Airbus service bulletinsis intended to adequately address theidentified unsafe condition. The DGACclassified these service bulletins asmandatory and issued Frenchairworthiness directive 2000–137–305(B), dated March 22, 2000, in orderto assure the continued airworthiness ofthese airplanes in France.



The Airbus service bulletins referenceSEXTANT Service Bulletins B350AAM–22–008, B470AAM–22–013, andB470ABM–22–012, each datedSeptember 29, 1999, as additionalsources of service information foraccomplishing the replacementproposed by this AD.

FAA’s ConclusionsThese airplane models are

manufactured in France and are typecertificated for operation in the UnitedStates under the provisions of section21.29 of the Federal AviationRegulations (14 CFR 21.29) and theapplicable bilateral airworthinessagreement. Pursuant to this bilateralairworthiness agreement, the DGAC haskept the FAA informed of the situationdescribed above. The FAA hasexamined the findings of the DGAC,reviewed all available information, anddetermined that AD action is necessaryfor products of this type design that arecertificated for operation in the UnitedStates.

Explanation of Requirements ofProposed Rule

Since an unsafe condition has beenidentified that is likely to exist ordevelop on other airplanes of the sametype design registered in the UnitedStates, the proposed AD would requireaccomplishment of the actions specifiedin the service bulletins describedpreviously.

Cost ImpactThe FAA estimates that 116 airplanes

of U.S. registry would be affected by thisproposed AD.

It would take as much as 17 workhours per airplane to accomplish theproposed replacements, at an averagelabor rate of $60 per work hour.Required parts would cost as much as$5,064 per airplane. Based on thesefigures, the cost impact of the proposedreplacements on U.S. operators isestimated to be as much as $705,744, or$6,084 per airplane.

It would take approximately 1 workhour per airplane to accomplish theproposed modification of the wiring, atan average labor rate of $60 per workhour. Based on these figures, the costimpact of the proposed modification onU.S. operators is estimated to be $6,960,or $60 per airplane.

The cost impact figures discussedabove are based on assumptions that nooperator has yet accomplished any ofthe proposed requirements of this ADaction, and that no operator wouldaccomplish those actions in the future ifthis AD were not adopted. The costimpact figures discussed in AD

rulemaking actions represent only thetime necessary to perform the specificactions actually required by the AD.These figures typically do not includeincidental costs, such as the timerequired to gain access and close up,planning time, or time necessitated byother administrative actions.

Regulatory ImpactThe regulations proposed herein

would not have a substantial directeffect on the States, on the relationshipbetween the national Government andthe States, or on the distribution ofpower and responsibilities among thevarious levels of government. Therefore,it is determined that this proposalwould not have federalism implicationsunder Executive Order 13132.

For the reasons discussed above, Icertify that this proposed regulation (1)is not a ‘‘significant regulatory action’’under Executive Order 12866; (2) is nota ‘‘significant rule’’ under the DOTRegulatory Policies and Procedures (44FR 11034, February 26, 1979); and (3) ifpromulgated, will not have a significanteconomic impact, positive or negative,on a substantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act. A copy of the draftregulatory evaluation prepared for thisaction is contained in the Rules Docket.A copy of it may be obtained bycontacting the Rules Docket at thelocation provided under the captionADDRESSES.


safety, Safety.

The Proposed AmendmentAccordingly, pursuant to the

authority delegated to me by theAdministrator, the Federal AviationAdministration proposes to amend part39 of the Federal Aviation Regulations(14 CFR part 39) as follows:



Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]2. Section 39.13 is amended by

adding the following new airworthinessdirective:Airbus Industrie: Docket 2000–NM–114–AD.

Applicability: Model A310 series airplanesequipped with flight control computers (FCC)having part number (P/N) B350AAM4 orB470ABM2, and Model A300–600 seriesairplanes equipped with FCC’s having P/NB470AAM2; certificated in any category;except those airplanes on which Airbus

Modification 11899 or 11900 (Airbus ServiceBulletin A310–22–2048 or A310–22–2049 orA300–22–6038) has been accomplished.

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenotherwise modified, altered, or repaired inthe area subject to the requirements of thisAD. For airplanes that have been modified,altered, or repaired so that the performanceof the requirements of this AD is affected, theowner/operator must request approval for analternative method of compliance inaccordance with paragraph (b) of this AD.The request should include an assessment ofthe effect of the modification, alteration, orrepair on the unsafe condition addressed bythis AD; and, if the unsafe condition has notbeen eliminated, the request should includespecific proposed actions to address it.


To prevent autopilot reversions in certainflight conditions, which could result inmisunderstanding by the flight crew andconsequent reduced ability to takeappropriate action, accomplish the following:

Replacement of FCC’s and Modification ofWiring

(a) Within 26 months after the effectivedate of this AD, replace the FCC’s with new,improved FCC’s having updated softwareinstalled; and modify the wiring, asapplicable; in accordance with paragraph(a)(1), (a)(2), or (a)(3), as applicable.

(1) For Airbus Model A310 series airplanesequipped with FCC’s having P/NB350AAM4: Replace the FCC’s in accordancewith Airbus Service Bulletin A310–22–2048,Revision 01, dated March 6, 2000.

(2) For Airbus Model A310 series airplanesequipped with FCC’s having P/N B470ABM2:Replace the FCC’s in accordance with AirbusService Bulletin A310–22–2049, Revision 02,dated March 6, 2000. Prior to or concurrentwith the replacement, modify the wiring inaccordance with Airbus Service BulletinA310–22–2051, Revision 02, dated March 8,2000.

(3) For Airbus Model A300–600 seriesairplanes equipped with FCC’s having P/NB470AAM2: Replace the FCC’s in accordancewith Airbus Service Bulletin A300–22–6038,dated August 24, 1999. Prior to or concurrentwith the replacement, modify the wiring inaccordance with Airbus Service BulletinA300–22–6040, Revision 02, dated March 6,2000.

Note 2: Accomplishment of the actionsrequired by paragraph (a) of this AD prior tothe effective date of this AD in accordancewith Airbus Service BulletinA310–22–2048,dated December 13, 1999; A310–22–2049,dated August 24, 1999, or Revision 01, datedDecember 13, 1999; A310–22–2051, datedAugust 26, 1999, or Revision 01, datedDecember 13, 1999; or A300–22–6040, datedAugust 26, 1999, or Revision 01, datedDecember 13, 1999; is acceptable forcompliance with the applicable actionsspecified in that paragraph.

Note 3: The Airbus service bulletinsreference SEXTANT Service Bulletins



B350AAM–22–008, B470AAM–22–013, andB470ABM–22–012, each dated September 29,1999, as additional sources of serviceinformation for accomplishing thereplacement required by this AD.


(b) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager,International Branch, ANM–116, FAA.Operators shall submit their requests throughan appropriate FAA Principal MaintenanceInspector, who may add comments and thensend it to the Manager, International Branch,ANM–116.

Note 4: Information concerning theexistence of approved alternative methods ofcompliance with this AD, if any, may beobtained from the International Branch,ANM-116.


(c) Special flight permits may be issued inaccordance with §§ 21.197 and 21.199 of theFederal Aviation Regulations (14 CFR 21.197and 21.199) to operate the airplane to alocation where the requirements of this ADcan be accomplished.

Note 5: The subject of this AD is addressedin French airworthiness directive 2000–137–305(B), dated March 22, 2000.

Issued in Renton, Washington, on August21, 2000.Donald L. Riggin,Acting Manager, Transport AirplaneDirectorate, Aircraft Certification Service.[FR Doc. 00–21716 Filed 8–24–00; 8:45 am]BILLING CODE 4910–13–U

DEPARTMENT OF LABOR

Employment and TrainingAdministration

20 CFR Part 656

RIN 1205–AB

Labor Certification Process for thePermanent Employment of Aliens inthe United States

AGENCY: Employment and TrainingAdministration, Labor.ACTION: Notice of guidelines.

SUMMARY: The Employment andTraining Administration (ETA) is in theprocess of reengineering the permanentalien labor certification process. ETA’sgoals are to make fundamental changesand refinements that will: Streamlinethe process; save resources; improve theeffectiveness of the program; and betterserve the Department of Labor’s(Department’s) customers. Thisdocument will set forth the generalprinciples which will guide the

development of proposed regulations toeffectuate the redesign.FOR FURTHER INFORMATION CONTACT: DaleM. Ziegler, Chief Division of ForeignLabor Certifications, Office of WorkforceSecurity, Employment and TrainingAdministration, Department of Labor,Room C–4318, 200 ConstitutionAvenue, NW., Washington, DC 20210.Telephone: (202) 693–3010 (this is nota toll-free number).SUPPLEMENTARY INFORMATION:

A. Permanent Alien Labor CertificationProcess

Generally, an individual laborcertification from the Department ofLabor (Department) is required foremployers wishing to employ an alienon a permanent basis in the U.S. Beforethe Department of State (DOS) and theImmigration and Naturalization Service(INS) may issue visas and admit certainimmigrant aliens to work permanentlyin the U.S., the Secretary of Labor mustfirst certify to the Secretary of State andthe Attorney General that:

(a) There are not sufficient U.S.workers who are able, willing, qualifiedand available at the time of theapplication for a visa and admissioninto the U.S. and at the place where thealien is to perform the work; and

(b) The employment of such alienswill not adversely affect the wages andworking conditions of similarlyemployed U.S. workers. 8 U.S.C.1182(a)(5)(A).

In brief, the current process forobtaining a labor certification requiresemployers to actively recruit U.S.workers in good faith for a period of atleast thirty days for the job openings forwhich aliens are sought. The employer’sjob requirements must conform to theregulatory standards (e.g., those trulynecessary), and employers must offerprevailing wages and workingconditions for the occupation in the areain which the job is located. Further,employers may not favor aliens or tailorthe job requirements to any particularalien’s qualifications.

During the thirty-day recruitmentperiod, employers are required to placea three-day help-wanted advertisementin a newspaper of general circulation, ora one-day advertisement in aprofessional, trade, or business journal,or in an appropriate ethnic publication.Employers are also required to place athirty-day job order with the local officeof the state employment service in thestate in which the employer seeks toemploy the alien. Alternatively, ifemployers believe they have alreadyconducted adequate recruitment effortsseeking qualified U.S. workers at

prevailing wages and workingconditions through sources normal tothe occupation and industry, they mayrequest the Department to waive theotherwise mandatory thirty-dayrecruitment efforts as prescribed by theDepartment’s regulations governing theprogram. This waiver process isgenerally referred to as involving‘‘Reduction in Recruitment’’ (RIR)applications. If the employer does notrequest RIR processing or if the requestis denied, the help-wantedadvertisements which are placed inconjunction with the mandatory thirty-day recruitment effort direct jobapplicants to either report in person tothe employment service office or tosubmit resumes to the employmentservice.

Job applicants are either referreddirectly to the employer or theirresumes are sent to the employer. Theemployer then has forty-five days toreport to the employment service thelawful, job-related reasons for not hiringany U.S. worker referred. If theemployer hires a U.S. worker for the jobopening, the process stops at that point,unless the employer has more than oneopening, in which case the applicationmay continue to be processed. If,however, the employer believes thatable, willing and qualified U.S. workersare not available to take the job, theapplication together with thedocumentation of the recruitmentresults and prevailing wage informationare sent to one of ten regional offices ofthe Department. There, it is reviewedand a determination is made as towhether or not to issue the laborcertification based upon the employer’scompliance with the Department’sregulations governing the program. Ifthe Department determines that thereare no able, willing, qualified andavailable U.S. workers, and that theemployment of the alien will notadversely affect the wages and workingconditions of similarly employed U.S.workers, the Department so certifies tothe INS and the DOS, by issuing apermanent labor certification. See 30CFR part 656; see also section212(a)(5)(A) of the Immigration andNationality Act, as amended (INA)

B. Problems With the Current SystemThe labor certification process

described above has been criticized asbeing complicated, costly and timeconsuming. Due to increases in thevolume of applications received and alack of adequate resources, it can takeup to two years or more to complete theprocess for applications that are filedunder the basic process and do notutilize the more streamlined RIR



process. The process also requiressubstantial state and federal resources toadminister and is reportedly costly andburdensome to employers as well. Cutsin federal funding for both thisimmigration program and for theEmployment Service have made itdifficult for state and federaladministrators to keep up with theprocess. ETA, therefore, is taking stepsto improve the effectiveness of thevarious regulatory requirements and theapplication processing procedures, witha view to achieving considerable savingsin resources both for the governmentand employers, without diminishingsignificant protections now affordedU.S. workers by the current regulatoryand administrative requirements.

C. Developing a Streamlined ProcessThe permanent foreign labor

certification process for employment-based immigration in the U.S. has beena two-tiered system involving both StateEmployment Security Agencies (SESA)and the U.S. Department of Labor formore than 30 years. By its very naturethere is an element of redundancy incase processing under this system. Aspreviously noted, the current system hasbeen criticized for being costly,burdensome, and inefficient. Theredesigned process envisioned by theDepartment will require employers tosubmit their applications directly toETA processing centers. The newprocess will take full advantage of state-of-the-art technology and the use ofpolicy-driven standards to minimizemanual intervention, and to increase thespeed of case processing at a reducedcost to employers and the governmentalike. It is important to note that thedescription of the redesigned process inthis notice represents the Department’scurrent thinking. This process may besubject to modifications in response tocomments received on futurerulemaking efforts.

The new process under considerationfor processing permanent applicationswill streamline the role of SESAs in thelabor certification process to includeonly the prevailing wagedeterminations. Employers will nolonger be required to conduct a 30-dayjob recruitment through theEmployment Service. In the currentsystem, prevailing wage determinationsare made by SESAs as part of the normalprocess of reviewing an application andinforming the employer of anydeficiencies therein. In the new process,the employer will still be required toobtain a prevailing wage determinationfrom the SESA. Although the timing ofthe prevailing wage determinationrequest will change from a post-filing

action to a pre-filing action, this step isvital in order for the Department to meetits responsibility to make the statutorilyrequired certification that theemployment of the alien will not havean adverse effect on the wages andworking conditions of similarlyemployed U.S. workers.

We envision that the new system forprocessing permanent alien laborcertification applications will beconsiderably streamlined but will notmaterially diminish any of theprotections now afforded U.S. workersby the current regulatory andadministrative requirements. Theemployer will be required to contact theSESA to obtain the prevailing wagedetermination for the occupation in thearea of intended employment. It isenvisioned that this procedure willoperate in much the same manner as theone currently being utilized forprocessing prevailing wage requestsunder the H–1B program fornonimmigrant professionals in specialtyoccupations. See 20 CFR part 655,subpart H; see also section 212(n) of theINA. As part of our efforts to takeadvantage of technological innovationsthat will increase efficiencies in theprogram, however, we are proposingthat the form upon which such a requestis made will be standardized and will bemachine-readable to eliminate the needfor data entry by the ETA processingcenters when an application is firstreceived.

Upon receipt of a request for aprevailing wage determination underthe new system, the SESA will evaluatethe particulars of the employer’s joboffer, such as the job duties andrequirements for the position, and thegeographic area in which the job islocated. If the job opportunity isunionized, the wage rate set forth in thecollective bargaining agreement thatapplies to the position shall beconsidered to be the applicableprevailing wage. If the job opportunityis not unionized, however, as is mostoften the case, then the SESA willdetermine the occupationalclassification for the job using anappropriate occupational classificationtaxonomy such as the Department’sO’Net occupational classificationstructure. The SESA will also thendetermine the area of intendedemployment for the job opportunity. Asa result of this analysis, the SESA willnormally assign the prevailing wage rateand appropriate skill level for the jobopportunity from the wage componentof the Occupational EmploymentStatistics (OES) survey, unless a wagedetermination has been issued pursuantto the Davis-Bacon Act, 40 U.S.C. 276a

et seq. (DBA), or the McNamara-O’HaraService Contract Act, 41 U.S.C. 351 etseq. (SCA), in which case thatdetermination shall form the basis forthe prevailing wage for that jobopportunity.

In the absence of a prevailing wagerate derived from the SCA, the DBA, oran applicable wage rate from acollective bargaining agreementcovering the position, the employer alsohas the option of submitting analternative source of prevailing wageinformation such as a published wagesurvey or other wage data obtained froma survey that has been conducted orfunded by the employer. If the employerchooses to submit an alternative sourceof wage data, the SESA will evaluatesuch other information (e.g., a publishedwage survey) and will determine if it isin compliance with the Department’sstandards governing the acceptability ofemployer-provided wage data such asthe validity of the statisticalmethodology employed. If theemployer-provided wage data is foundto be acceptable, the specific wage ratederived from that source that applies tothe employer’s job opportunity, takinginto consideration such factors as theappropriate occupational classification,geographic area, and level of skill, willbe considered to be the prevailing wagerate for purposes of that particular jobopportunity. If the employer-providedwage data is not accepted, the SESAwill inform the employer of the reasonswhy the survey is unacceptable. TheDepartment is contemplating theestablishment of a process to reviewemployer appeals of determinationsmade by SESAs, such as adetermination that an employer-provided wage survey is unacceptable.

The SESA’s response to theemployer’s request will be in writing onthe same standardized form throughwhich the request was initially made.The response will indicate theprevailing wage rate for the jobopportunity, the source of suchinformation, and the appropriateoccupational classification and level ofskill applied in the determination toarrive at that rate.

The employer will also be required toconduct an adequate test of the labormarket for qualified U.S. applicants atprevailing wages and workingconditions through sources normal tothe occupation and industry during the6-month period preceding the filing ofthe application. We currently foreseethat the recruitment efforts will consistof both mandatory steps and alternativesteps chosen by the employer from alisting of additional recruitment stepsthat will be specifically prescribed by



the regulations. We intend to outline thespecific recruitment steps required,including those that will be consideredacceptable as alternative steps. Therequired recruiting efforts will besimilar to the RIR process under theexisting system in that all recruitmentwill be conducted prior to the employerfiling the application. This up-frontrecruitment system will be required ofall applicants under the new system.Regardless of the steps chosen by theemployer to fulfill its obligation toconduct an adequate test of the labormarket, the employer will be required tomaintain documentation of therecruitment efforts it has undertakenand the results thereof, such as thelawful, job-related reasons for not hiringU.S. applicants for the position.

After the recruitment period hasended and the employer has assembledthe requisite documentation in supportof the application, the employer thensubmits the application directly to anETA processing center. In developingthe application form to be used in thenew system, as with the proposedprevailing wage request form, we intendto take every advantage of technologicalinnovations that will increaseefficiencies in the program. Therefore, itis expected that the labor certificationapplication will also be machine-readable or directly completed in a web-based environment to eliminate theneed for time-consuming data entry byETA processing centers. Applicationswill be received by facsimiletransmission, by mail, or via internetand will be subject to an initialacceptability check to ensure that theapplication can be processed. Thepurpose of this test is to ensure that theform can be recognized by an automaticscanning/data selection process. Theacceptability test will consist ofensuring that a completed applicationform has been received, including theprevailing wage determination formissued by a SESA. Further, this initialtest will determine whether theapplication is readable or scannabledepending on the method ofsubmission. For instance, if theapplication is submitted by mail it willnot be acceptable if it is too crumpled,stained or damaged to be scanned intothe system. The application will also beunacceptable if it cannot be read by thecomputer system due to transmissionerrors on facsimile transmissions orother reasons such as illegible writing.As noted above, the Department is alsocontemplating the future use ofadvanced technologies to allowapplications to be submitted andprocessed under a web-based system.

After an application has beendetermined to be acceptable for filing, acomputer system will review it basedupon various selection criteria or‘‘flags’’ that will allow more problematicapplications to be identified for an in-depth review or audit. In addition, it isanticipated that some applications willbe randomly selected for an auditwithout regard to the results of thecomputer analysis as a quality controlmeasure. If no request for an audit hasbeen triggered by the informationprovided on the application nor viarandom selection, the application willbe immediately certified and returned tothe employer, who may then submit thecertified application to the INS insupport of an employment-based I–140petition. It is anticipated that if anapplication is not selected for an audit,an employer will have a computer-generated certification decision withinseven to twenty-one working days of thedate the application was initiallysubmitted.

If an application has been flagged foran audit, the employer will be notifiedand required to submit in a timelymanner documentation verifying theinformation stated in or attested to onthe application. Upon timely receipt ofan employer’s audit documentation, thescanned application would beelectronically distributed to an ETAregional office where a case analystwould conduct an audit, as determinedby the regional certifying officer.

After an audit has been completed, wecurrently envision three potentialactions the certifying officer can take onthe application: Certification; denial; orsupervised recruitment. If the auditdocumentation is complete andconsistent with the employer’sstatements and attestations contained inthe application, the application will becertified and returned to the employer.If the audit documentation is notcomplete, is inconsistent with theemployer’s statements and/orattestations contained in theapplication, or is otherwise deficient insome material respect, the applicationwill be denied and a notification ofdenial with the reasons therefor will beissued to the employer. We anticipatethat if an application is denied by theregional certifying officer, the employerwill have an opportunity for anadministrative review of the decision.Lastly, on any application selected foran audit regardless of the reason forsuch selection, the regional certifyingofficer will have the authority toconduct supervised recruitment for theemployer’s job opportunity in any casewhere serious questions arise regarding

the adequacy of the employer’s test ofthe labor market.

Where supervised recruitment isrequired by the regional certifyingofficer, we expect that the procedurewill operate much like the current non-RIR regulatory recruitment schemeunder the basic process, except that therecruitment efforts would be directed bythe regional certifying officer and wouldnot be directed by the SESA, as is thecase under the current system. See§ 656.24(g) for detailed informationconcerning the recruitment effortsrequired under the existing basic alienlabor certification process. At thecompletion of the supervisedrecruitment efforts, the employer will berequired to document that such effortswere unsuccessful, including the lawful,job-related reasons for not hiring anyU.S. workers who applied for theposition. After a review of theemployer’s documentation, the regionalcertifying officer will either certify ordeny the application. In all instances inwhich an application is denied, thedenial notification will set forth thedeficiencies upon which the denial isbased.

Upon the implementation of the newsystem outlined in this document andsubject to public comment in futurerulemaking, the Department believesthat a number of key criticisms of thecurrent program, such as its cost,timeliness, and complexity, will havebeen resolved or mitigated to the extentpracticable. The Department iscontinuing to monitor operatingprocedures at all levels to determinewhether further efficiencies can bemade that would improve the balancebetween meeting employers’ legitimateneeds for foreign workers with ourobligation to both protect jobs for U.S.workers and protect against adverseeffects on the U.S. labor force.

Signed at Washington, DC, this 17th day ofAugust, 2000.

Ray Bramucci,Assistant Secretary for Employment andTraining.[FR Doc. 00–21733 Filed 8–24–00; 8:45 am]

BILLING CODE 4510–30–M





21 CFR Part 341

[Docket No. 76N–052H]

RIN 0910–AA01

Cold, Cough, Allergy, Bronchodilator,and Antiasthmatic Drug Products forOver-the-Counter Human Use;Reopening of the AdministrativeRecord for Antihistamine DrugProducts

AGENCY: Food and Drug Administration,HHS.ACTION: Reopening of the administrativerecord.

SUMMARY: The Food and DrugAdministration (FDA) is reopening theadministrative record for over-the-counter (OTC) antihistamine drugproducts to accept comments onrecommendations concerning the use ofthese products to relieve symptoms ofsneezing and runny nose associatedwith the common cold made at a jointadvisory committee meeting onNovember 16, 1995. The agency isinviting comments on its tentativeposition that there is sufficient basis toinclude the use of OTC antihistaminesfor these symptoms in the finalmonograph for OTC cold, cough,allergy, bronchodilator, andantiasthmatic drug products. Thisreopening is part of the ongoing reviewof OTC drug products conducted byFDA.

DATES: Submit written comments byNovember 24, 2000.ADDRESSES: Submit written commentsto the Dockets Management Branch(HFA–305), Food and DrugAdministration, 5630 Fishers Lane, rm.1061, Rockville, MD 20852.FOR FURTHER INFORMATION CONTACT:Cazemiro R. Martin, Center for DrugEvaluation and Research (HFD–560),Food and Drug Administration, 5600Fishers Lane, Rockville, MD 20857,301–827–2222.SUPPLEMENTARY INFORMATION:

I. Background

In the Federal Register of September9, l976 (41 FR 38312), FDA published,under 21 CFR 330.10(a)(6), an advancenotice of proposed rulemaking toestablish a monograph for OTC cold,cough, allergy, bronchodilator, andantiasthmatic drug products, togetherwith the recommendations of theAdvisory Review Panel on OTC Cold,

Cough, Allergy, Bronchodilator, andAntiasthmatic Drug Products (thePanel), which was the advisory reviewpanel responsible for evaluating data onthe active ingredients in this drug class.The Panel recommended thatantihistamines be Category III (availabledata are insufficient to classify as safeand effective, and further testing isrequired) for treating symptomsassociated with the common cold (41 FR38312 at 38380 and 38381).

In response to the Panel’s Category IIIrecommendation, two manufacturerssubmitted data to support the use ofchlorpheniramine maleate for the reliefof cold symptoms. Based on these data,the agency proposed an indication forthe temporary relief of runny nose andsneezing associated with the commoncold in § 341.72(b) (21 CFR 341.72(b)) ofthe tentative final monograph for OTCantihistamine drug products (50 FR2200 at 2203, 2204, 2216, and 2217,January 15, 1985). The agency stated inthe tentative final monograph that thepharmacologic actions of the variousCategory I antihistamines are similar;thus, the indications stated in § 341.72were proposed for all antihistaminesincluded in 21 CFR 341.12 of thetentative final monograph. Anamendment to the tentative finalmonograph was published in 1987 thatincluded doxylamine succinate andchlorcyclizine hydrochloride asCategory I ingredients for the sameclaims as all Category I antihistamineingredients (52 FR 31892, August 24,1987).

Subsequent to the tentative finalmonograph, the agency evaluatedsupplemental new drug applicationsrequesting a prescription-to-OTC switchfor drug products containing anonmonograph antihistamine. Someapplications requested labeling fortreating symptoms associated with thecommon cold based on similarity ofpharmacologic action to theantihistamines included in the tentativefinal monograph without direct supportfrom clinical studies. In consideringthese applications, the agencyquestioned whether the pharmacologiceffects of these newer antihistamines aresufficiently similar to the pharmacologicactions of older, monographantihistamines.

At that time, the agency was awarethat the scientific community wasdivided over the effectiveness ofantihistamine ingredients for symptomsof the common cold. In the final rule forOTC antihistamine drug products (57FR 58356, December 9, 1992), theagency deferred its final action onlabeling for common cold symptoms forOTC antihistamines in order to evaluate

data that had become available afterpublication of the tentative finalmonograph. The agency stated itsintention to further evaluate whetherdata on chlorpheniramine maleate torelieve sneezing and runny noseassociated with the common cold couldbe extrapolated to other antihistaminesincluded in the final monograph or toother antihistamines that may beswitched from prescription to OTCstatus. The agency further stated itsintention to evaluate more recentclinical studies as well as the older dataconcerning the effectiveness ofantihistamines in treating symptoms ofthe common cold. The agency solicitedall studies, negative as well as positive,from drug manufacturers and theConsumer Healthcare ProductsAssociation (formerly theNonprescription Drug ManufacturersAssociation), and searched its own filesand the published literature. In 1992,the agency formed a task force thatconsisted of agency staff, FDA StaffFellows, and outside consultants, toassess the available data on OTCantihistamines that would help resolvethese issues.

In order to be included in the agency’sevaluation, a study had to meet certaininclusion criteria developed by the taskforce, as follows: (1) The study must bedouble-blind, randomized, and placebocontrolled; (2) the antihistamine in thecommon cold medication must be asingle ingredient; (3) the common coldhad to exist for no more than 2 daysbefore the first application of studymedication; (4) subjects needed to haverunny nose of at least moderateintensity at baseline before anymedication; and (5) the severity of therunny nose had to be evaluated atbaseline and at least once afteradministration of medication duringboth the first and second days ofmedication (Ref. 1).

The task force evaluated all of thesubmitted studies and determined thatnine generally met these requirements(three using chlorpheniramine maleateand six using doxylamine succinate).The task force then did a meta-analysison these studies, comparing the activeingredients to placebo for bothincrement scores (change from baseline)and goal of therapy (50 percentreduction or complete cessation ofsymptom). The symptoms evaluated bythe task force were runny nose andsneezing on each of 2-study days. Usingthese parameters and analyses, the taskforce found that the antihistaminesstudied had an effect on runny nose andsneezing in the early phases of thecommon cold (Ref. 2).



The task force presented the results ofits meta-analysis to a joint meeting ofthe Nonprescription Drugs AdvisoryCommittee and the Pulmonary-AllergyDrugs Advisory Committee (theCommittees) held on November 15,1994 (Ref. 2). The Committees were notasked for a recommendation at thattime. The following year, on November16, 1995, the Committees met again anddiscussed the analysis (Ref. 3). At thismeeting, the Committees concluded thatthe meta-analysis supports the use ofchlorpheniramine maleate anddoxylamine succinate to relieve thesymptoms of runny nose and sneezingassociated with the common cold.However, the Committees voted againstextrapolating the data on these twoingredients to all Category Iantihistamines because they hadinsufficient data regarding the activemechanism of these drugs in relief ofsymptoms of the common cold. Somemembers raised the issue of comparativepotency relative to anticholinergic and/or antihistaminic effects of otherCategory I antihistamines.

II. The Agency’s Discussion of theCommittees’ Recommendations

The agency believes that sufficientbasis currently exists for all Category Iantihistamine ingredients to have theindication of relief of sneezing andrunny nose due to the common cold.Studies published after the task force’smeta-analysis suggest that otherantihistamines, brompheniraminemaleate (Ref. 4) and clemastine fumarate(Ref. 5), are effective for relief ofsneezing and runny nose associatedwith the common cold. Both studiesreported therapeutic effects against coldsymptoms similar to those seen againstallergic rhinitis symptoms, which istheir currently approved indication.Data from the brompheniramine studywere submitted to the agency (Ref. 6).However, because the administrativerecord is currently closed, the study andsupporting documentation will not bediscussed here but will be discussed inthe final rule along with any newinformation that comes to the agency’sattention.

Ingredients in this class havepharmacologic actions and therapeuticapplications in common and aregenerally discussed together (Ref. 7).These ingredients are known to beeffective H1 antagonists, and somestudies have demonstrated the release ofhistamine following rhinoviruschallenge in allergic individuals (Refs. 8and 9). Further, the monographantihistamines exert mild to moderateanticholinergic effects and are effectivein drying nasal secretions (Refs. 2 and

10 through 15). Therefore, the agencybelieves that populations of consumersexist who would benefit from either ofthese effects (antihistaminic oranticholinergic) on cold symptoms.

Additionally, the agency believes thatsome of the controversy over the use ofantihistamines for the common coldmay have originated from their earlypromotion as ‘‘cures’’ or ‘‘preventatives’’(Ref. 16). It is now known that CategoryI antihistamine ingredients do not cureor prevent the common cold, but ratherare palliative agents that are useful forreducing nasal discharge (runny nose)and sneezing (Refs. 4, 5, 12, and 17).Suppression of sneezing and other coldsymptoms may help reduce the spreadof the cold virus and thus have a publichealth impact (Ref. 4). The literatureand the meta-analysis of data conductedby the agency’s task force support theseuses for OTC common cold symptomrelief.

The agency believes that OTCantihistamine ingredients effectivelyrelieve cold symptoms in populations ofconsumers and should remain availablefor that use. Unless the agency receivesconvincing data to refute its tentativeposition, it intends to publish a finalmonograph for OTC antihistamine drugproducts that includes the indication forrelief of sneezing and runny noseassociated with the common coldproposed in § 341.72(b)(2) (50 FR 2200at 2216). Therefore, the agency isreopening the administrative record forthe rulemaking for OTC antihistaminedrug products to accept commentsconcerning the use of these products torelieve symptoms of sneezing and runnynose associated with the common cold.

III. ReferencesThe following references have been

placed on display in the DocketsManagement Branch (address above)and may be seen by interested personsbetween 9 a.m. and 4 p.m., Mondaythrough Friday.

1. D’Agostino, R. B., and M. Weintraub,‘‘Meta-Analysis: A Method for SynthesizingResearch,’’ Clinical Pharmacology andTherapeutics, vol. 58, pp. 605–616, 1995.

2. Transcript of the Joint Meeting of theNonprescription Drugs Advisory Committeeand the Pulmonary-Allergy Drugs AdvisoryCommittee, November 15, 1994, pp. 11–113,in OTC vol. 04HFMA2, Docket No. 76N–052H, Dockets Management Branch.

3. Transcript of the Joint Meeting of theNonprescription Drugs and Pulmonary-Allergy Drugs Advisory Committees,November 16, 1995, pp. 191–333, in OTC vol.04HFMA2, Docket No. 76N–052H, DocketsManagement Branch.

4. Gwaltney, J. M., and H. M. Druce,‘‘Efficacy of Brompheniramine Maleate forthe Treatment of Rhinovirus Colds,’’ Clinical

Infectious Diseases, vol. 25, pp. 1188–1194,1997.

5. Turner, R. B. et al., ‘‘Effectiveness ofClemastine Fumarate for Treatment ofRhinorrhea and Sneezing Associated with theCommon Cold,’’ Clinical Infectious Diseases,vol. 25, pp. 824–830, 1997.

6. Comment No. C229, Docket No. 76N–052H, Dockets Management Branch.

7. Douglas, W. W., ‘‘Antihistamines,’’ inThe Pharmacological Basis of Therapeutics,4th Ed., edited by L. S. Goodman and A.Gilman, The MacMillan Co., New York, pp.635–645, 1970.

8. Thomas, L. H. et al., ‘‘LeukocyteResponses to Experimental Infection withHuman Rhinovirus,’’ The Journal of Allergyand Clinical Immunology, vol. 94, pp. 1255–1262, 1994.

9. Calhoun, W. J. et al., ‘‘A Common ColdVirus, Rhinovirus 16, Potentiates AirwayInflammation after Segmental AntigenBronchoprovocation in Allergic Subjects,’’The Journal of Clinical Investigation, vol. 94,pp. 2200–2208, 1994.

10. Pearlman, D. S., ‘‘Antihistamines:Pharmacology and Clinical Use,’’ Drugs, vol.12, pp. 258–273, 1976.

11. Loew, E. R., ‘‘Pharmacology ofAntihistamine Compounds,’’ PhysiologicalReviews, vol. 27, pp. 542–573, 1947.

12. Cooper, J. W., ‘‘H–1 Blockers—ClassicalAntihistamines,’’ New England and RegionalAllergy Proceedings, vol. 7, pp. 356–361,1986.

13. Darling, C. M., ‘‘Chapter 16—Histamine and Antihistaminic Agents,’’ inWilson and Gisvold’s Textbook of OrganicMedicinal and Pharmaceutical Chemistry,8th Ed., edited by R. F. Doerge, J. B.Lippincott Co., Philadelphia, pp. 583–606,1982.

14. The United States PharmacopeialConvention, Inc., ‘‘Antihistamines-Systemic,’’ in USP DI, Drug Information forthe Health Care Professional, Rand McNally,Taunton, MA, pp. 302–309, 1995.

15. Berkow, R., editor, The Merck Manual,14th Ed., Merck & Co., Inc., Rahway, NJ, pp.2397–2403, 1982.

16. Feller, A. E. et al., ‘‘The Failure ofAntihistaminic Drugs to Prevent or Cure theCommon Cold and UndifferentiatedRespiratory Diseases,’’ The New EnglandJournal of Medicine, vol. 242, pp. 737–744,1950.

17. Roth, F. E., and I. I. A. Tabachnick,‘‘Chapter 48—Histamine andAntihistamines,’’ in Drill’s Pharmacology inMedicine, 4th Ed., edited by J. R. DiPalma,McGraw-Hill Book Co., New York, pp. 995–1020, 1971.

IV. Request for CommentsInterested persons may submit to the

Dockets Management Branch (addressabove) written comments by November24, 2000. Three copies of any commentsare to be submitted, except thatindividuals may submit one copy.Comments should be identified with thedocket number found in brackets in theheading of this document and may beaccompanied by a supportingmemorandum or brief. Received



comments may be seen in the officeabove between 9 a.m. and 4 p.m.,Monday through Friday.




21 CFR Part 514


Presubmission Conferences

AGENCY: Food and Drug Administration,HHS.ACTION: Proposed rule.

SUMMARY: The Food and DrugAdministration (FDA) is proposing toamend its new animal drug regulationsto describe the procedures to befollowed for requesting, conducting, anddocumenting presubmissionconferences. Under the Federal Food,Drug, and Cosmetic Act (the act), asamended by the Animal DrugAvailability Act of 1996 (ADAA), anyperson intending to file a new animaldrug application (NADA) orsupplemental (NADA) or to investigatea new animal drug is entitled to one ormore conferences with FDA to reach anagreement establishing a submission orinvestigational requirement. Thisproposed regulation describes how aperson would request a presubmissionconference and describes the proceduresfor the conduct of the presubmissionconference.DATES: Submit written comments on theproposed rule by November 8, 2000.Submit written comments on theinformation collection provisions bySeptember 25, 2000.ADDRESSES: Submit written commentson the proposed rule to the DocketsManagement Branch (HFA–305), Foodand Drug Administration, 5630 FishersLane, rm. 1061, Rockville, MD 20852.Submit written comments on theinformation collection requirements tothe Office of Information and RegulatoryAffairs, Office of Management andBudget, New Executive Office Bldg., 72517th St. NW., rm. 10235, Washington,DC 20503, Attn: Desk Officer for FDA.FOR FURTHER INFORMATION CONTACT: GailL. Schmerfeld, Center for VeterinaryMedicine (HFV–100), Food and DrugAdministration, 7500 Standish Pl.,Rockville, MD 20855, 301–594–1620.


I. BackgroundThe ADAA (Public Law 104–250) was

enacted on October 9, 1996. Section512(b)(3) of the act (21 U.S.C.360b(b)(3)), as amended by section 2(d)of the ADAA, provides that any personintending to file an NADA orsupplemental NADA or to investigate anew animal drug is entitled to one ormore conferences with FDA prior tosuch submission or during theinvestigation of a new animal drug. Thepurpose of such a conference is to reachan agreement establishing a submissionor investigational requirement. Adecision establishing a submission orinvestigational requirement can bechanged only if: (1) FDA and thepotential applicant mutually agree tomodify the requirement, or (2) FDA bywritten order determines that asubstantiated scientific requirementessential to the determination of safetyor effectiveness of the animal druginvolved has appeared after theconference. If FDA determines that morethan one field study is required toestablish by substantial evidence that anintended use of a new animal drug iseffective, FDA will provide writtenscientific justification for that decisionwithin 25 calendar days of theconference. While section 512(b)(3) ofthe act does not entitle persons whointend to file an abbreviated new animaldrug application (ANADA) to request apresubmission conference, suchpotential applicants are entitled torequest presubmission conferencesunder this proposed rule.

Although the ADAA added a statutoryentitlement to a presubmissionconference, FDA’s Center for VeterinaryMedicine (CVM) had already beenencouraging sponsors of NADA’s toparticipate in conferences with FDA todiscuss in detail what studies arenecessary to demonstrate the safety andeffectiveness of a new animal drug. Inits experience with these presubmissionconferences, FDA found that, as a resultof this direct and detailedcommunication during the developmentand review of new animal drugs, fewerunusable studies were conducted andthere were fewer delays in the reviewprocess. Consequently, companies savedresources and the marketing of newanimal drugs became more expeditious.FDA’s success with the use ofpresubmission conferences to establishsubmission requirements for newanimal drugs was also reflected in itscommitment to implement broad use ofpresubmission conferences as part of thePresident’s reinventing governmentinitiatives (e.g., ‘‘Reinventing the

Regulation of Animal Drugs,’’ May1996). The ADAA codifies FDA’s use ofpresubmission conferences.

II. Description of Proposed Rule

The regulations being proposed byFDA would establish the procedures forrequesting, conducting, anddocumenting presubmissionconferences. Presubmission conferenceswill continue to be like those that wereheld between applicants and FDA priorto the enactment of the ADAA. Thepurpose of presubmission conferences isto allow FDA and a potential applicant,i.e., a person intending to investigate anew animal drug or to file an NADA,supplemental NADA, or ANADA, todiscuss and reach agreement regarding asubmission or investigationalrequirement. A submission orinvestigational requirement includes,among other things, identification of thenumber and types of studies that arenecessary to demonstrate the safety andeffectiveness of a new animal drug forthe intended uses and conditions of useprescribed, recommended, or suggestedin the proposed labeling for the newanimal drug. Presubmission conferencesgive FDA and a potential applicant ameans to identify the least burdensomeappropriate requirements that have areasonable likelihood of resulting inapproval.

Meetings other than presubmissionconferences may be necessary duringthe development and review of newanimal drugs. Meetings in which thefocus is other than to establish the safetyand effectiveness data requirements fornew animal drugs (e.g., meetingsrelating to administrative processes,protocol development, or labeldevelopment) are not specificallycovered by this proposed rule.

A. Definitions (Proposed § 514.3)

Proposed § 514.3 defines the terms‘‘potential applicant,’’ ‘‘presubmissionconference,’’ and ‘‘presubmissionconference agreement’’ as those termsare used in 21 CFR part 514. ‘‘Potentialapplicant’’ means any person intendingto investigate a new animal drug, file anNADA or supplement, or file anANADA. One or more ‘‘presubmissionconferences’’ may be needed to establishagreement regarding part or all of asubmission or investigationalrequirement. Agreement on asubmission or investigationalrequirement reached by a potentialapplicant and FDA in a presubmissionconference(s) will be recorded in the‘‘presubmission conference agreement’’section of the memorandum ofconference prepared by FDA and will be



binding upon both FDA and thepotential applicant.

B. Presubmission Conferences (Proposed§ 514.4)

Proposed § 514.4 describesprocedures for requesting, conducting,and documenting a presubmissionconference.

1. Requesting a PresubmissionConference

Under the proposed rule, a potentialapplicant could request a presubmissionconference any time prior to filing anNADA, supplemental NADA, orANADA, including before a potentialapplicant submits a notice of claimedinvestigational exemption for a newanimal drug. In order to request apresubmission conference, a potentialapplicant would be required to submitto FDA a letter requesting apresubmission conference. FDA wouldhave to receive the request for apresubmission conference at least 30calendar days prior to the requestedconference date. The potential applicantwould identify the request as a requestfor a presubmission conference andwould have to include a proposedagenda and a list of the expectedattendees. FDA would, to the extentagency resources permit, make everyeffort to schedule the presubmissionconference at the earliest time agreeableto both FDA and the potential applicant.In order to ensure a productiveexchange of views and efficient use ofFDA resources, a potential applicantwould also be required to forward toFDA, at least 30 calendar days inadvance of the scheduled conferencedate the following: A copy of anymaterials to be presented at theconference; a list of proposedindications for the new animal drug or,if available, a copy of the proposedlabeling; and a copy of any relevantbackground material that provides thescientific rationale to support thepotential applicant’s position on anissue to be discussed during theconference. If such materials are notprovided or are not sufficient to providethe basis for a meaningful discussion,FDA may elect to postpone the meetinguntil it receives sufficient materials.

2. Conducting a PresubmissionConference

A presubmission conference (or seriesof such conferences) would be directedprimarily at establishing agreementbetween FDA and the potentialapplicant regarding part or all of asubmission or investigationalrequirement. The potential applicant

and FDA could each bring consultantsto the presubmission conference.

3. Documenting a PresubmissionConference

Under the proposed rule, FDA wouldprepare a memorandum of conferencesummarizing the substance of eachpresubmission conference, including allkey discussion points, decisions,recommendations, agreements reachedregarding all or part of a submission orinvestigational requirement,disagreements, and action items. Thatportion of the memorandum ofconference that documents anyagreements reached regarding all or partof a submission or investigationalrequirement would be the‘‘presubmission conference agreement’’and would be denoted as such by aheading as such. FDA would provide acopy of this memorandum to thepotential applicant and give thepotential applicant 30 calendar days torequest changes to or seek clarificationof the substance of the memorandum.The potential applicant could elect tohave the copy of the memorandumprovided by mail, by facsimile, and/orby some electronic media. For purposesof calculating the 30 days, FDA woulduse the date the memorandum ismailed, facsimiled, or electronicallytransmitted from the Documents ControlUnit, whichever is earlier. If a potentialapplicant were to request changes orclarification, such a request should bedirected to the appropriate DivisionDirector in CVM. A copy of FDA’soriginal memorandum of conferenceand a copy of the memorandum withchanges or clarification, as appropriate,would be made part of theadministrative file. If a memorandum issilent on an issue, including one thatwas discussed during the conference oraddressed by materials provided by thepotential applicant for the conference,such silence cannot be construed asagreement between FDA and thepotential applicant on the issue. A copyof the final memorandum would beprovided to the potential applicant.FDA would file in the administrativerecord, but not review or considerbinding in any way, a memorandum ofconference prepared by a potentialapplicant.

If FDA determines that more than onefield study is necessary to demonstrateeffectiveness, in accordance withsection 512(b)(3) of the act, it wouldprovide, either separately or as part ofa memorandum of conference, writtenscientific justification for its decisionwithin 25 calendar days of the date suchdecision is made. FDA would not,however, provide such written scientific

justification if the potential applicantvoluntarily proposes to conduct morethan one field study but FDA does notbelieve multiple studies are necessary.The potential applicant’s proposal toconduct more than one field studywould be documented in thememorandum of conference.

One study can be a study at a singlelocation or a study in which data arecollected from multiple locations.Results obtained in a single locationstudy may be dependent on site specificfactors (e.g., disease definition,concomitant treatment, diet,management practices, climate, fieldconditions, etc.). In such cases, theresults, although significant withrespect to that site, may not permitinferences to be made to the intendedtarget animal population. If FDArequires one field study to be conductedat multiple locations, at the request ofthe potential applicant, FDA wouldprovide verbal or written justificationfor requiring multiple locations. Writtenjustification could be providedseparately or as part of a memorandumof conference. FDA intends to issueguidance to industry regarding the useof field studies to provide substantialevidence of effectiveness.

Presubmission conference agreementswould generally include timeframes forcompletion. The agreements wouldassume that the potential applicantwould use due diligence to complete thedrug development process within thosetimeframes and FDA would use duediligence to complete its reviews withinreasonable timeframes. If a potentialapplicant were to fail to meet the termsof an agreement, the agreement wouldhave no precedential value forsubsequent agreements relating to thesame new animal drug becausestandards may change over time.Similarly, agreements relating to onenew animal drug would have noprecedential value with respect to othernew animal drugs because requirementsmay vary from drug to drug or intendeduse to intended use.

Agreements reached through apresubmission conference could bemodified under the limitedcircumstances described in proposed§ 514.4(g). Proposed § 514.4(h) describeshow a potential applicant may breachan agreement. The act provides thatFDA breaches an agreement if itunilaterally modifies the agreementwithout a written order determining thata substantiated scientific requirementessential to the determination of safetyor effectiveness appeared after theconference. Proposed § 514.4(i)describes procedures for resolvingdisputes that may arise between a



potential applicant and FDA during thepresubmission conference process.

FDA encourages potential applicantsto meet with FDA at any time to discusssubmission requirements.

III. Environmental ImpactThe agency has determined under 21

CFR 25.30(h) that this action is of a typethat does not individually orcumulatively have a significant effect onthe human environment. Therefore,neither an environmental assessmentnor an environmental impact statementis required.

IV. Analysis of ImpactsFDA has examined the impact of the

proposed rule under Executive Order12866 and under Regulatory FlexibilityAct (5 U.S.C. 601–612). Executive Order12866 directs agencies to assess all costsand benefits of available regulatoryalternatives and, when regulation isnecessary, to select regulatoryapproaches that maximize net benefits(including potential economic,environmental, public health and safety,and other advantages; distributiveimpacts; and equity). The agencybelieves that this proposed rule isconsistent with the regulatoryphilosophy and principles identified inthe Executive Order. In addition, theproposed rule is not a significantregulatory action as defined by theExecutive Order and so is not subject toreview under the Executive Order.

The Regulatory Flexibility Actrequires agencies to analyze regulatoryoptions that would minimize anysignificant impact of a rule on smallentities unless the rule is not expectedto have a significant economic impacton a substantial number of smallentities. As this proposed rule will notimpose significant new costs on anyfirms, under the Regulatory FlexibilityAct (5 U.S.C. 605(b)), the agencycertifies that the proposed rule will nothave a significant impact on asubstantial number of small entities.Therefore, under the RegulatoryFlexibility Act, no further analysis isrequired.

Under section 512(b)(3) of the act, asamended by the ADAA, any personintending to file an NADA orsupplemental NADA or to investigate anew animal drug is entitled to one ormore conferences prior to suchsubmission to reach an agreementestablishing a submission orinvestigational requirement. Thepurpose of a presubmission conferenceis to allow a potential applicant andFDA to discuss and to reach agreementregarding a submission orinvestigational requirement, including

the number and types of studies that arenecessary to demonstrate that a newanimal drug is safe and effective for itsintended uses.

Prior to the enactment of the ADAA,CVM had already been encouragingsponsors of NADA’s to participate inconferences with FDA to discuss indetail what studies are necessary todemonstrate the safety and effectivenessof the particular new animal drug beinginvestigated. FDA found that, as a resultof this direct communication during thedevelopment and review of new animaldrugs, both the drug development andreview processes became more efficient.This proposed rule would implementthe statutory entitlement to apresubmission conference and, thus,ensure that this benefit will continuewhere applicants request apresubmission conference. To the extentthat this proposed rule would educatethose in the industry that were notfamiliar with presubmissionconferences, there will be furtherbenefits as additional potentialapplicants realize efficiencies gained inthe animal drug development andapplication process if they request apresubmission conference.

FDA is not able to make a preciseestimate of the savings that industry hasrealized through the presubmissionconferences up to this point, or of anyincrease in the number ofpresubmission conferences that may berequested as a result of this rule. Thereare many factors that determine the typeand number of studies necessary todemonstrate the safety and effectivenessof new animal drugs. This proposed ruleseeks to secure an avenue ofcommunication between the agency andpotential applicants through which bothcan agree on the studies needed for acertain drug, thereby reducingunnecessary studies and review periods.

It is possible, however, to forecast arange of savings that may be expected toresult from any decrease in approvaltime resulting from the use of apresubmission conference. For thispurpose, FDA estimated a straight-lineincrease of a prospective drug’s salesrevenues from the application’sapproval up to $5 million in the 10thyear and then decreasing again to zeroin the 20th year. Since many drugsattain sales much greater than $5million, the agency estimate results in arather conservative benefit. Assuming apretax profit of 20 percent of salesrevenue, FDA estimates the presentvalue of the profits from a 1- to 6-monthdecrease in approval time at $20,000 to$120,000 using a 7 percent discountrate. Research costs saved by the firmfrom not conducting unnecessary

studies would be added to this amount.Regardless of the exact reduction in thedrug review period, since thepresubmission conferences arevoluntary, applicants would only beexpected to request a conference if theyexpected the net benefit of theconference to be positive. The proposedrule would not impose any mandatorycompliance costs.

V. Unfunded Mandates Reform Act of1995

Section 202(a) of the UnfundedMandates Reform Act of 1995 (PublicLaw 104–4) requires that agenciesprepare a written statement ofanticipated costs and benefits beforeproposing any rule that may result in anexpenditure by State, local, and tribalgovernments, in the aggregate, or by theprivate sector, of $100 million in anyone year (adjusted annually forinflation).

The Unfunded Mandates Reform Actdoes not require FDA to prepare astatement of costs and benefits for theproposed rule, because the proposedrule is not expected to result in any 1-year expenditure that would exceed$100 million adjusted for inflation. Thecurrent inflation-adjusted statutorythreshold is $110 million.

VI. FederalismFDA has analyzed this proposed rule

in accordance with the principles setforth in Executive Order 13132. FDAhas determined that the proposed ruledoes not contain policies that havesubstantial direct effects on the States,on the relationship between theNational Government and the States, oron the distribution of power andresponsibilities among the variouslevels of government. Accordingly, theagency has concluded that the rule doesnot contain policies that havefederalism implications as defined inthe order and, consequently, afederalism summary impact statement isnot required.

VII. Paperwork Reduction Act of 1995This proposed rule contains

information collection provisions thatare subject to review by the Office ofManagement and Budget (OMB) underthe Paperwork Reduction Act of 1995(the PRA) (44 U.S.C. 3501–3520). Adescription of these provisions is givenbelow with an estimate of the annualreporting burden. Included in theestimate is the time for reviewinginstructions, searching existing datasources, gathering and maintaining thedata needed, and completing andreviewing each collection ofinformation.



With respect to the followingcollection of information, FDA invitescomments on: (1) Whether the proposedcollection of information is necessaryfor the proper performance of FDA’sfunctions, including whether theinformation will have practical utility;(2) the accuracy of FDA’s estimate of theburden of the proposed collection ofinformation, including the validity ofthe methodology and assumptions used;(3) ways to enhance the quality, utility,and clarity of the information to becollected; and (4) ways to minimize theburden of the collection of informationon respondents, including through theuse of automated collection techniqueswhen appropriate, and other forms ofinformation technology.

Title: Presubmission ConferencesDescription: The proposed regulation

is intended to implement section512(b)(3) of the act which entitles anyperson intending to file an NADA orsupplemental NADA or to investigate anew animal drug to request one or moreconferences with FDA to reach anagreement establishing a submission orinvestigational requirement. Prior to theenactment of section 512(b)(3) of the act,FDA encouraged sponsors to meet withFDA to discuss the number and types of

studies necessary to demonstrate that anew animal drug is safe and effective.FDA found that these informalpresubmission conferences increasedthe efficiency of the drug developmentand drug review processes. FDA ispublishing this proposed regulation todescribe how to request, conduct, anddocument a presubmission conference.

Proposed section 514.4(b) describesthe information that must be includedin a letter submitted by a potentialapplicant requesting a presubmissionconference, including a proposedagenda and a list of expectedparticipants. Proposed section 514.4(d)lists the information that must beprovided by the potential applicant toFDA prior to a presubmissionconference. This information includes acopy of any materials to be presented atthe conference, a list of proposedindications or a copy of the proposedlabeling for the product underconsideration, and any backgroundmaterial that provides an adequatescientific rationale to support thepotential applicant’s position on issueslisted on the proposed agenda for theconference. Proposed section 514.4(f)discusses the content of the

memorandum of meeting that will beprepared by FDA and proposes to allowthe potential applicant to seekclarification or correction of thememorandum.

Table 1 of this document provides, byrelevant section, the estimated burdenof requesting, preparing for, andparticipating in presubmissionconferences. The numbers in the chartare based on recent consultation withseveral of the major research anddevelopment firms that are responsiblefor the development of new animaldrugs. While FDA estimates that theproposed regulation would increase theannual paperwork burden associatedwith the submission of NADA’s,supplemental NADA’s, and abbreviatedNADA’s, and requests for guidance oninvestigational requirements, FDAbelieves this increase will be offset bythe resulting efficiencies (e.g.,eliminating the conduct of studies thatare not needed to demonstrate safetyand effectiveness, decreasing therequests from reviewers for additionalor clarifying information during thereview process).

Description of Respondents: Potentialapplicants

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

21 CFR Section No. ofRespondents

AnnualFrequency per

Response

Total AnnualResponses

Hours perResponse Total Hours

514.4(b) 190 1 190 7 1,330514.4(d) 190 1 190 123 23,370514.4(f) 190 1 190 16 3,040Total 27,740

1 There are no capital cost or operating and maintenance costs associated with this collection of information.

In compliance with section 3507(d) ofthe PRA, the agency has submitted theinformation collection provisions of thisproposed rule to OMB for review.Interested persons may submit to OMB(address above) written commentsregarding the information collection bySeptember 25, 2000.

Lists of Subjects in 21 CFR Part 514

Administrative practice andprocedure, Animal drugs, Confidentialbusiness information, Reporting andrecordkeeping requirements.

Therefore, under the Federal Food,Drug, and Cosmetic Act and underauthority delegated to the Commissionerof Food and Drugs, it is proposed that21 CFR part 514 be amended as follows:

PART 514—NEW ANIMAL DRUGAPPLICATIONS


Authority: 21 U.S.C. 351, 352, 360b, 371,379e, 381.

2. Section 514.2 is added to subpartA to read as follows:

§ 514.2 Definitions.

(a) Potential applicant means anyperson intending to:

(1) Investigate a new animal drugunder section 512(j) of the Federal Food,Drug, and Cosmetic Act (the act),

(2) File a new animal drug application(NADA) or supplemental NADA under512(b)(1) of the act, or

(3) File an abbreviated new animaldrug application (ANADA) undersection 512(b)(2) of the act.

(b) Presubmission conference meansone or more conferences between a

potential applicant and FDA, requestedby the potential applicant, to reach abinding agreement establishing asubmission or investigationalrequirement.

(c) Presubmission conferenceagreement means that section of thememorandum of conference headed‘‘Presubmission Conference Agreement’’that records any agreement on thesubmission or investigationalrequirement reached by a potentialapplicant and FDA during thepresubmission conference. Thepresubmission conference agreementwill be binding on the potentialapplicant and FDA unless it is modifiedas described in § 514.5(g).

3. Section 514.5 is added to subpartA to read as follows:

§ 514.5 Presubmission conferences.(a) General. Presubmission

conferences provide a forum for a



potential applicant and FDA to reachagreement regarding the overall plan forconducting investigations of new animaldrugs or obtaining approval of a newanimal drug, including to discuss whatstudies are required to support approvalof a new animal drug application(NADA), a supplemental NADA, or anabbreviated new animal drugapplication (ANADA), and to discussthe objectives and general design ofparticular studies. Presubmissionconferences, as a project managementtool, can enhance the animal drugdevelopment and evaluation process.The general principle underlying theconduct of any such conference is thatthere must be candid, full, and opencommunication about scientific ormedical issues pertaining to the safetyand effectiveness of an investigationalnew animal drug.

(b) Requesting a presubmissionconference. A potential applicant isentitled to one or more conferencesprior to the submission of an NADA,supplemental NADA, or an ANADA toreach an agreement establishing part orall of a submission or investigationalrequirement. Potential applicants mustrequest a presubmission conference bysubmitting their request to theappropriate Center for VeterinaryMedicine (CVM) Division Director in asigned letter. The letter must include aproposed agenda that clearly outlinesthe scope, purpose, and objectives of thepresubmission conference and must listthe names and positions of therepresentatives who are expected toattend the presubmission conference onbehalf of the potential applicant.

(c) Timing. A potential applicant mayrequest one or more presubmissionconferences at any time prior to thefiling of a NADA, supplemental NADA,or an ANADA. A request for apresubmission conference must bereceived by FDA at least 30 calendardays in advance of the requestedconference date. FDA will schedule thepresubmission conference at a timeagreeable to both FDA and the potentialapplicant.

(d) Advance information. Thepotential applicant must provide toFDA, at least 30 calendar days inadvance of a scheduled presubmissionconference, a copy of any materials to bepresented at the conference, a list ofproposed indications or a copy of theproposed labeling for the product underconsideration, and any backgroundmaterial that provides an adequatescientific rationale to support thepotential applicant’s position on issueslisted on the proposed agenda for theconference. If the materials are notprovided or are not sufficient to provide

the basis for meaningful discussion,FDA may elect to postpone the meetinguntil sufficient materials are provided toFDA.

(e) Conduct of a presubmissionconference. The potential applicant andFDA may each bring consultants to thepresubmission conference. Thepresubmission conference(s) will bedirected primarily at establishingagreement between FDA and thepotential applicant regarding asubmission or investigationalrequirement. The submission orinvestigational requirement will includethe number and types of studies that arenecessary to demonstrate the safety andeffectiveness of a new animal drug forthe intended uses and conditions of useprescribed, recommended, or suggestedin the proposed labeling for the newanimal drug.

(f) Documentation of a presubmissionconference—(1) Memorandum ofconference. FDA will prepare amemorandum of each conferencesummarizing the substance of theconference: Key discussion points,decisions, recommendations,agreements reached regarding all or partof a submission or investigationalrequirement, disagreements, and actionitems. That portion of the memorandumof conference that documents anyagreements reached regarding all or partof a submission or investigationalrequirement will be included under theheading ‘‘Presubmission ConferenceAgreement.’’ FDA will provide a copy ofthe memorandum to the potentialapplicant for review. The potentialapplicant will have 30 calendar daysfrom the date a copy of the final draftof the memorandum is provided to theapplicant to request changes to orclarification of the substance of thememorandum. For purposes ofcalculating the 30 days, FDA will usethe date the memorandum is mailed,facsimiled, or electronically transmittedto the potential applicant from theDocument Control Unit, whichever isearlier. If a potential applicant requestschanges or clarification, such requestshould be directed to the appropriateCVM Division Director. A copy of FDA’soriginal memorandum of conferenceand a copy of the memorandum withchanges or clarification, as appropriate,will be made part of the administrativefile. If a memorandum is silent on anissue, including one that was discussedin the conference or addressed bymaterials provided for the conference,such silence cannot be construed asagreement between FDA and thepotential applicant on the issue. FDAwill provide the potential applicantwith a copy of the final memorandum.

(2) Field studies. If FDA requires morethan one field study to establish bysubstantial evidence that the newanimal drug is effective for its intendeduses under the conditions of useprescribed, recommended, or suggestedin the proposed labeling, FDA willprovide written scientific justificationfor requiring more than one field study.Such justification must be provided nolater than 25 calendar days after the dateof the conference at which therequirement for more than one fieldstudy is established. If FDA does notbelieve more than one field study isrequired but the potential applicantvoluntarily proposes to conduct morethan one field study, FDA will notprovide such written justification. IfFDA requires one field study to beconducted at multiple locations, FDAwill, at the request of the potentialapplicant, provide written or verbaljustification for requiring multiplelocations.

(g) Modification of presubmissionconference agreements. An agreementmade under a presubmission conferencerequested under section 512(b)(3) of theFederal Food, Drug, and Cosmetic Actand documented in a memorandum ofconference is binding on the potentialapplicant and FDA and may only bemodified if:

(1) FDA and the potential applicantmutually agree to modify, in part or inwhole, the agreement and suchmodification is documented andprovided to the potential applicant asdescribed in paragraph (f)(1) of thissection; or

(2) FDA by written order determinesthat a substantiated scientificrequirement essential to thedetermination of safety or effectivenessof the new animal drug appeared afterthe conference.

(h) When the terms of apresubmission conference agreementare no longer binding. (1) Apresubmission conference agreementwill no longer be binding if:

(i) The potential applicant makes toFDA, before, during, or after thepresubmission conference, any untruestatement of material fact; or

(ii) The potential applicant fails tofollow any term of the agreement; and

(2) A presubmission conferenceagreement may no longer be binding ifthe potential applicant submits false ormisleading data relating to a new animaldrug to FDA.

(i) Dispute resolution. FDA iscommitted to resolving differencesbetween a potential applicant and FDAreviewing divisions with respect torequirements for the investigation ofnew animal drugs and for NADA’s,



supplemental NADA’s, and ANADA’s asquickly and amicably as possiblethrough a cooperative exchange ofinformation and views. Whenadministrative or procedural disputesarise, a potential applicant should firstattempt to resolve the matter within theappropriate review division beginningwith the individual(s) most directlyassigned to review of the application orinvestigational exemption. If the disputecannot be resolved after such attempts,the dispute shall be evaluated andadministered in accordance withapplicable regulations (21 CFR 10.75).Dispute resolution procedures may befurther explained by guidance availablefrom CVM.



Coast Guard

33 CFR Part 117

[CGD07–00–006]

RIN 2115–AE 47

Drawbridge Operation Regulations;Longboat Pass and New Pass,Longboat Key, FL

AGENCY: Coast Guard, DOT.ACTION: Notice of proposed rulemaking.

SUMMARY: In response to a request fromManatee County and after reviewingopening data for the bridges, the CoastGuard proposes to change theregulations governing the operation ofthe State Road 789 drawbridge acrossLongboat Pass, Manatee County andNew Pass, Sarasota County, in LongboatKey, Florida. The changes wouldprovide continuous drawtenderattendance at Longboat Pass Bridge andremove the existing timed openingschedule for the New Pass Bridge. Thisaction should accommodate the needsof vehicle traffic and better provide forthe reasonable needs of navigation.DATES: Comments and related materialmust be received by October 24, 2000.ADDRESSES: You may mail commentsand related material to Commander(obr), Seventh Coast Guard District, 909SE 1st Avenue, Miami, Florida 33131–3050, or may be delivered to room 406at the above address between 7:30 a.m.and 4 p.m. Monday through Friday,except Federal holidays. TheCommander, Seventh Coast Guard

District, maintains the public docket forthis rulemaking. Comments andmaterial received from the public, aswell as documents indicated in thispreamble as being available in thedocket, will become part of this docketand will be available for inspection andwill be available for inspection orcopying at Commander (obr), SeventhCoast Guard District 909 SE 1st Avenue,room 406, Miami, FL 33131, between 8a.m. and 4 p.m. Monday through Friday,except federal holidays.FOR FURTHER INFORMATION CONTACT: Mr.Barry Dragon, Project Officer, SeventhCoast Guard District, at (305) 415–6730.SUPPLEMENTARY INFORMATION:

Request for CommentsWe encourage you to participate in

this rulemaking by submittingcomments and related material. If youdo so, please include your name andaddress, identify the docket number forthis rulemaking, [CGD7–00–006], andindicate the specific section of thisdocument to which each commentapplies, and give the reason for eachcomment. Please submit all commentsand related material in an unboundformat, no larger than 81⁄2 by 11 inches,suitable for copying. If you would liketo know they reached us please enclosea stamped, self-addressed postcard orenvelope. We will consider allcomments received during the commentperiod. We may change this proposal inview of them.

Public MeetingWe do not now plan to hold a public

meeting. But you may submit a requestfor a meeting by writing to us at SeventhCoast Guard District (obr), 909 SE 1stAvenue, Room 406, Miami, FL 33133–3050 at the address under ADDRESSES,explaining why one would bebeneficial. If we determine that onewould aid this rulemaking, we will holdone at a time and place announced bya later notice in the Federal Register.

Background and PurposeExisting regulations in 33 CFR

117.299 require the Longboat PassBridge to open on signal from 6 a.m. to6 p.m.. From 6 p.m. to 6 a.m. the bridgeis not tended and requires 3 hoursadvance notice to open. The number ofopenings has increased at the bridgefrom 3,825 in 1997 to 4,499 in 1999. Inaddition, some boaters have reporteddifficulties obtaining openings at nightwhen the bridge is not tended. ManateeCounty asked that the bridge be requiredto open on signal at all times.

Existing regulations in 33 CFR117.311 require the New Pass Bridge tobe attended at all times and provide for

timed openings from 7 a.m. to 6 p.m. onthe hour, 20 minutes past the hour, andforty minutes past the hour. Continualshoaling of New Pass has rendered it notnavigable except for shallowest draftvessels. Consequently, the number ofopenings has continually decreasedfrom 6942 in 1975, to 3847 in 1982 to1367 in 1998. Manatee County asks thatthe bridge no longer operate on timedopenings and that the bridge not betended from 6 p.m. to 6 a.m.

Discussion of RuleThis proposal would amend 33 CFR

117.299 to require constant, on signalbridgetender service. The proposalwould amend 33 CFR 117.311 to requireon signal openings between 6 a.m. and6 p.m. with 3 hours advance noticerequired between 6 p.m. and 6 a.m.These changes meet the increased needfor openings at the Longboat Pass bridgebecause of the increased vessel trafficthere, while allowing for less openingsand untended periods at the New Passbridge because of the significantdecrease in vessel traffic there. Thetelephone number to call for an after-hours opening would be (941–359–5666).

Regulatory EvaluationThis proposed rule is not a significant

regulatory action under section 3(f) ofExecutive Order 12866 and does notrequire an assessment of potential costsand benefits under section 6(a) (3) ofthat order. The office of Managementand Budget has not reviewed it underthat order. It is not significant under theregulatory polices and procedures of theDepartment of Transportation (DOT) (44FR 11040; February 26, 1979). Weexpect the economic impact of thisproposal to be so minimal that a fullRegulatory Evaluation under paragraph10(e) of the regulatory policies andprocedures of DOT is unnecessary. Weconclude this because there are noeconomic impacts in this proposal.

Small EntitiesUnder the Regulatory Flexibility Act

(5 U.S.C. 601–612), we consideredwhether this proposed rule would havea significant economic impact on asubstantial number of small entities.The term ‘‘small entities’’ comprisessmall businesses, not-for-profitorganizations that are independentlyowned and operated and are notdominant in their fields, andgovernmental jurisdictions withpopulations of less than 50,000.

The Coast Guard certifies under 5U.S.C. 605(b) that this proposed rulewill not have a significant economicimpact on a substantial number of small



entities. Operators of small to mediumsized recreational and commercial craftwill benefit from the proposal by havingeasier access through the drawbridges. Ifyou think that your business,organization, or governmentaljurisdiction qualifies as a small entityand that this proposed rule would havea significant economic impact on it,please submit a comment (seeaddresses) explaining why you think itqualities and how to what degree thisproposed rule would economicallyaffected it.

Assistance for Small EntitiesUnder section 213(a) of the Small

Business Regulatory EnforcementFairness Act of 1996 (Pub. L. 104–121),we offered to assist small entities inunderstanding the rule so that theycould better evaluate its effects on themand participate in the rulemakingprocess. Small entities may contact theperson listed under FOR FURTHERINFORMATION CONTACT for assistance inunderstanding and participating in thisrulemaking. We also have a point ofcontact for commenting on actions byemployees of the Coast Guard. Smallbusinesses may send comments on theactions of Federal employees whoenforce, or otherwise determinecompliance with, Federal regulations tothe Small Business and AgricultureRegulatory Enforcement Ombudsmanand the Regional Small BusinessRegulatory Fairness Boards. TheOmbudsman evaluates these actionsannually and rates each agency’sresponsiveness to small business. If youwish to comment on actions byemployees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247).

Collection of InformationThis rule calls for no new collection

of information under the PaperworkReduction Act of 1995 (44 U.S.C. 3501–3520).

FederalismWe have analyzed this proposed rule

under Executive Order 12612, and havedetermined that this rule does not havesufficient federalism implications towarrant the preparation of FederalismAssessment.

Unfunded Mandates Reform ActThe unfunded Mandates Reform Act

of 1995 (2 U.S.C.) (1531–1538) andExecutive Order 12875, Enhancing theIntergovernmental Partnership, (58 FR58093, October 28, 1993) govern theissuance of Federal regulations thatrequire unfunded mandates. Anunfunded mandate is a regulation thatrequires a State, local, or tribal

government or the private sector toincur direct costs without the FederalGovernment’s having first provided thefunds to pay those costs. This proposedrule would not impose an unfundedmandate.

Taking of Private Property

This proposed rule will not effect ataking of private property or otherwisehave taking implications underExecutive Order 12630, GovernmentalActions and Interference withConstitutionally Protected PropertyRights.

Civil Justice Reform

This proposed rule meets applicablestandards in sections 3(a) and 3(b)(2) ofExecutive Order 12988, Civil JusticeReform, to minimize litigation,eliminate ambiguity, and reduceburden.

Protection of Children

We have analyzed this proposed ruleunder Executive Order 13045,Protection of Children fromEnvironmental Health Risks and SafetyRisks. This proposed rule is not aneconomically significant rule and doesnot concern an environmental risk tohealth or risk to safety that maydisproportionately affect children.

Environment

The Coast Guard considered theenvironmental impact of this proposedrule and concluded that under figure 2–1, paragraph (32)(e), of CommandantInstruction M16475.lC, this rule iscategorically excluded from furtherenvironmental documentation. A‘‘Categorical Exclusion Determination’’is available in the docket for inspectionor copying where indicated underADDRESSES.


Bridges.

For the reasons discussed in thepreamble, the Coast Guard proposes toamend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGEOPERATION REGULATIONS


Authority: 33 U.S.C. 499; 49 CFR 1.46; 33CFR 1.05–1(g); section 117.255 also issuedunder the authority of Pub. L. 102–587, 106Stat. 5039.

§ 117.299 [Removed]

2. Section 117.299 is removed.3. Revise § 117.311 to read as follows:

§ 117.311 New PassThe draw of the State Road 789

bridge, mile 0.5 at Sarasota, shall openon signal; except that, from 6 p.m. to 6a.m., the draw shall open on signal if atleast three hours notice is given.

Dated: August 10, 2000.Thad W. Allen,Rear Admiral, U.S. Coast Guard, Commander,Seventh Coast Guard District.[FR Doc. 00–21823 Filed 8–24–00; 8:45 am]BILLING CODE 4910–15–U


47 CFR Part 90

[WT Docket No. 96–86; FCC 00–271]

Public Safety 700 MHz Band

AGENCY: Federal CommunicationsCommission.ACTION: Proposed rule.

SUMMARY: In this Fourth Notice ofProposed Rulemaking (4thNPRM), theCommission proposes rules concerningvarious technical and operational issuesregarding the use of interoperabilityfrequencies in the 764–776 MHz and794–806 MHz frequency bands (the 700MHz band). Previously, the Commissioncharged the Public Safety NationalCoordination Committee (NCC) withpreparing a report on the technical andoperational standards forinteroperability frequencies in the 700MHz band. The NCC issued its report tothe Commission on February 25, 2000.The Commission seeks comment on therules proposed in response torecommendations contained in theNCC’s report.DATES: Comments are due September25, 2000. Reply comments are dueOcotber 10, 2000.ADDRESSES: Federal CommunicationsCommission, Office of the Secretary,445 12th Street, SW, Room 4–C207,Washington, DC 20554.FOR FURTHER INFORMATION CONTACT:Bertram Weintraub or Nancy Zaczek,Wireless Telecommunications Bureau,Public Safety & Private WirelessDivision, Policy and Rules Branch, (202)418–0680, or via E-mail to‘‘[email protected]’’ or‘‘[email protected]’’.

SUPPLEMENTARY INFORMATION:1. This document summarizes the

Commission’s 4thNPRM in WT DocketNo. 96–86, FCC 00–271, adopted on July25, 2000 and released on August 2,2000. The full text of the 4thNPRM isavailable for inspection and duplication



during regular business hours in theFCC Reference Center, 445 12th Street,SW, Room CY–A257, Washington, DC20554. The full text of the 4thNPRMmay also be purchased from theCommission’s copy contractor,International Transcription Service, Inc.(ITS), 1231 20th Street, NW,Washington, DC 20036, (202) 857–3800.The full text of the 4thNPRM may alsobe downloaded at www.fcc.gov.Alternative formats are available topersons with disabilities by contactingMartha Contee at (202) 418–0260 orTTY (202) 418–2555.

Summary of the Fourth Notice2. The Commission directed the NCC

to make a timely recommendationconcerning whether the Commissionshould require trunking on nationwideinteroperability spectrum. Afterconsidering the advantages anddisadvantages of requiring the use oftrunking on the interoperabilitychannels, the NCC recommends that theCommission not mandate trunking.Accordingly, the Commission proposesto allow trunking only on ten of theinteroperability channel sets on a strictsecondary basis. Additionally, theCommission proposes thediscontinuance of trunked operationwhenever any channel sets are neededfor interoperability communications orwhenever a trunked system interfereswith any interoperabilitycommunication, e.g., communicationsconducted on a unit-to-unit basis orusing conventional repeaters. TheCommission invites comment on theseproposals.

3. Additionally, the Commissionseeks comment on accommodating 25kHz operations on the interoperabilitychannels. Specifically, the Commissionrequests comment on allocating thetemporary guard channels pursuant tothe NCC’s recommendations. Theoptions for allocating the temporaryguard channels include: (a) Moving theinteroperability channels so that theyare adjacent to each other, therebyeliminating the need for temporaryguard channels, or (b) designating thosechannels immediately where trunking ispermitted for interoperability use, thuspermitting the aggregation of 25 kHzbandwidths on some interoperabilitychannels, or (c) allocating all of thechannels for interoperability use,thereby doubling the total number ofinteroperability channels.

4. The Commission solicits comment,pursuant to the NCC’s recommendation,on the states administering theinteroperability channels with oversightof the interoperability infrastructure bythe Regional Planning Committees

(RPCs). In addition, the Commissionrequests comment on (a) the formationof State Interoperability ExecutiveCommittees (SIECs) to handle theadministration of interoperabilitychannels for the states; (b) Commissionlicensing of ‘‘subscriber equipment’’(mobile and portable units) operating oninteroperability channels; and (c) theadoption of standardized templates forMemoranda of Understanding betweenSIECs and sharing agreements betweenjurisdictions.

5. The Commission also invitescomment on the NCC’srecommendations concerning channeldesignations, display labeling andaccess priority. Specifically, theCommission seeks comment on theNCC’s proposed table and assignments.The proposed table assigns a particularpurpose and name to eachinteroperability channel set. TheCommission also seeks comment on theNCC’s proposal that mobile unitscertificated for use under part 90 of theCommission’s Rules must be capable ofdisplaying interoperability channellabels alphanumerically if the radios areequipped with alphanumeric displays.In addition, the Commission seekscomment on the NCC’s proposedpriority access scheme. Furthermore,the Commission seeks comment on theNCC’s recommendation to designate twointeroperability channels as callingchannels to use as gateways to otherchannels.

6. In anticipation of the developmentof spectrum-efficient equipment thatwould require only a 6.25 kHzbandwidth for one voice channel,previously, the Commission declined toadopt the Project 25 Phase I standard.However, since that time, the NCCrecommended adoption of the Project 25Phase I standard as the digital voicestandard for interoperability channels.The Project 25 Phase I standard requiresa 12.5 kHz bandwidth instead of thespectrum efficient 6.25 kHz bandwidth.The Commission tentatively concludesthat it should adopt the NCC’srecommendation of the Project 25 PhaseI standard at this time and that it shoulddevelop and implement a ‘‘migrationpath’’ to 6.25 kHz technology. TheCommission invites comment on theappropriate digital voice standard, andan appropriate migration path tospectrum efficient 6.25 kHz technologyin the future. The Commission alsodeclined to include a requirement fornarrowband channels that transmittersfor voice communications in thenarrowband segment of the 700 MHzband meet a spectrum efficiencystandard of one voice channel per 6.25

kHz of channel bandwidth, regardless ofthe data rate supplied.

7. The NCC recommends that theCommission adopt the datainteroperability standard that isincorporated in the Project 25 suite ofstandards and is defined by one ANSIstandard and four TIA/EIA standards.This data interoperability standardrequires the use of a 12.5 kHz channel.The Commission solicits comment onthe appropriate standard fornarrowband data transmissions oninteroperability channels.

8. The NCC recommends that theCommission adopt the latest Federalgovernment encryption standard. TheCommission requests comment onwhether it should adopt the currentFederal standard, and if so, the bestmethod for updating the encryptionstandard in the future.

9. With regards to interferencestandards, the Commission invitescomment on two related issues. First,the Commission invites comment onwhether the interests of public safetyand commercial licensees in the 700MHz band would be served byestablishing interference standards forreceivers operating on public safetyfrequencies. Second, the Commissionsolicits comment on whether it shouldmandate receiver standards to addressinterference issues raised by publicsafety radio operators.

10. The Commission tentativelyconcludes that two recommendations bythe NCC are unnecessary. First, the NCCrequests sufficient flexibility to allowstate and local authorities to entercontractual agreements with Federalauthorities. However, the Commissiontentatively concludes that an additionalrule is not necessary to facilitate Federalsharing of the interoperability spectrum.Second, the NCC recommends requiringRPCs to use a regional planning ‘‘pre-coordination database,’’ to chooseinteroperability channels in order toavoid co-channel and adjacent channelinterference. However, the Commissiontentatively concludes that it is notnecessary to require by rule the use ofa pre-coordination database TheCommission invites comment on itstentative conclusions.

Initial Regulatory Flexibility Analysis11. As required by the Regulatory

Flexibility Act (RFA), the Commissionhas prepared an Initial RegulatoryFlexibility Analysis (IRFA) of thepossible significant economic impact onsmall entities of the policies and rulesproposed in this 4thNPRM. Writtenpublic comments are requestedregarding this IRFA. Comments must beidentified as responses to the IRFA and



must be filed by the deadlines forcomments on the 4thNPRM provided inthe item. The Commission will send acopy of the 4thNPRM including thisIRFA, to the Chief Counsel for Advocacyof the Small Business Administration.In addition, the 4thNPRM and IRFA (orsummaries thereof) will be published inthe Federal Register.

I. Need for, and Objectives of, theProposed Rules

12. In the 4thNPRM, we continue ourevaluation of rules applicable to the useof public safety spectrum in thefrequencies at 764–776 MHz and 794–806 MHz (the 700 MHz band).Specifically, the 4thNPRM summarizesand seeks comment on therecommendations of the NCCconcerning technical and operationalstandards for public safetyinteroperability frequencies in the 700MHz band. We seek comment on anumber of issues including: Primaryand secondary trunking on theinteroperability channels; establishmentand role of RPCs and SIECs;administration of the interoperabilitychannels by state or local entities;licensing of end-users; standardizeddisplay labeling for interoperabilityunits; access priority scheme for theinteroperability channels; designationand use of calling channels; use ofencryption on the interoperabilitychannels; digital voice standards andefficiency standards for theinteroperability channels; digital datastandards and channel reservation forthe interoperability channels; federaluse of the interoperability spectrum;and use of a pre-coordination databaseto assign the interoperability channels.The proposed rules and actions shouldhelp achieve our goal of seamlessinteroperability on a nationwide basis,thereby improving critical public safetycommunications.

II. Legal Basis13. Authority for issuance of this item

is contained in sections 1, 4(i), 7, 301,302, 303, and 337 of theCommunications Act of 1934, asamended, 47 U.S.C. 151, 154(i), 157,301, 302, 303, 337.

III. Description and Estimate of theNumber of Small Entities to Which theProposed Rules Will Apply

14. The RFA directs agencies toprovide a description of and, wherefeasible, an estimate of the number ofsmall entities that may be affected bythe proposed rules, if adopted. The RFAdefines the term ‘‘small entity’’ ashaving the same meaning as the terms‘‘small business,’’ ‘‘small organization,’’

and ‘‘small business concern’’ underSection 3 of the Small Business Act. Asmall business concern is one that: (1)Is independently owned and operated,(2) is not dominant in its field ofoperation, and (3) satisfies anyadditional criteria established by theSmall Business Administration.Nationwide, as of 1992, there wereapproximately 275,801 smallorganizations. ‘‘Small governmentaljurisdiction’’ generally means‘‘governments of cities, counties, towns,townships, villages, school districts, orspecial districts, with a population ofless than 50,000.’’ As of 1992, therewere approximately 85,006 suchjurisdictions in the United States. Thisnumber includes 38,978 counties, cities,and towns; of these, 37,566, or ninety-six percent, have populations of fewerthan 50,000. The Census Bureauestimates that this ratio isapproximately accurate for allgovernmental entities. Thus, of the85,006 governmental entities, weestimate that 81,600 (ninety-onepercent) are small entities. Below, wefurther describe and estimate thenumber of small entity licensees andregulatees that may be affected by theproposed rules, if adopted.

15. Public Safety Radio PoolLicensees. As a general matter, PublicSafety Radio Pool licensees includepolice, fire, local government, forestryconservation, highway maintenance,and emergency medical services.Spectrum in the 700 MHz band forpublic safety services is governed by 47U.S.C. 337. Non-Federal governmentalentities, as well as private businesses,are licensees for these services. Asindicated above, all governmentalentities with populations of less than50,000 fall within the definition of asmall entity. Neither the Commissionnor the SBA has developed a definitionof small businesses directed specificallytoward public service licensees.Therefore, the applicable definition ofsmall business is the definition underthe SBA rules applicable toradiotelephone (wireless) companies.This provides that a small business is aradiotelephone company employing nomore than 1,500 persons. According tothe Bureau of the Census, only twelveradiotelephone firms from a total of1,178 such firms which operated during1992 had 1,000 or more employees.Therefore, even if all twelve of thesefirms were public safety licensees,nearly all would be small businessesunder the SBA’s definition, ifindependently owned and operated.

16. Radio and Television EquipmentManufacturers. We anticipate that atleast six radio equipment manufacturers

will be affected by our decisions in thisproceeding. According to the SmallBusiness Administration’s regulations, aradio and television broadcasting andcommunications equipmentmanufacturer must have 750 or feweremployees in order to qualify as a smallbusiness concern. Census Bureau dataindicate that there are 858 U.S. firmsthat manufacture radio and televisionbroadcasting and communicationsequipment, and that 778 of these firmshave fewer than 750 employees andwould therefore be classified as smallentities. We do not have informationthat indicates how many of the six radioequipment manufacturers associatedwith this proceeding are among these778 firms. Motorola and Ericsson,however, are major, nationwide radioequipment manufacturers, and thus, weconclude that they would not qualify assmall businesses.

IV. Description of Projected Reporting,Recordkeeping, and Other ComplianceRequirements

17. The 4thNPRM proposes a numberof rules and solicits comments that willentail reporting, recordkeeping, and/orthird-party consultation. TheCommission believes, however, thatthese requirements are the minimumneeded. The licensing methods underconsideration in the 4thNPRM includethe possibility of imposingrecordkeeping and reportingrequirements on applicants for publicsafety licenses that may be required tomake submissions to planningcommittees justifying their request forspectrum. These entities will berequired to submit applications forspectrum licenses on Form 601.

18. The 4thNPRM also seeks commenton recommendations to MOUs andmodel sharing agreements to govern useof interoperability channels. Entitieswould be responsible for gathering theinformation necessary to complete anMOU or sharing agreement.

V. Steps Taken To Minimize SignificantEconomic Impact on Small Entities, andSignificant Alternatives Considered

19. The RFA requires an agency todescribe any significant alternatives thatit has considered reaching its proposedapproach, which may include thefollowing four alternatives (amongothers): (1) The establishment ofdiffering compliance or reportingrequirements or timetables that take intoaccount the resources available to smallentities; (2) the clarification,consolidation, or simplification ofcompliance or reporting requirementsunder the rule for small entities; (3) theuse of performance, rather than design,



standards; and (4) an exemption fromcoverage of the rule, or any part thereof,for small entities. 5 U.S.C. 603.

20. The NCC, comprised ofrepresentatives from government, thepublic safety community, and thecommunications equipmentmanufacturing industry, was charteredby the FCC as a Federal AdvisoryCommittee, effective February 25, 1999.The NCC made recommendationsconcerning various issues addressed inthis 4thNPRM. We note that in severalinstances, to benefit all entities,including small entities, we did notpropose a particular recommendation.For instance, see the discussion inparagraphs 25–28 and 60–62, in the4thNPRM.

21. In formulating the proposals in the4thNPRM, we have reduced economicburdens wherever possible. Theregulatory burdens that we haveproposed are necessary to ensure thatthe public receives the pubic safetybenefits of innovative new services in aprompt and efficient manner. Forexample, we have proposed technicaland operational rules that shouldpromote competition in the equipmentmarket. We believe that the rules weadopt must be as competitively andtechnologically neutral as possible, inorder to allow for competing equipmentdesigns and to avoid hindering futureinnovative technological developments.We note that tighter technicalspecifications generally allow moreintense spectrum use, but may result inhigher equipment costs. Conversely,although wider tolerances may allowmanufacturers to use less costlycomponent parts in transmittingequipment, they also may result in lessefficient spectrum use. With theseconsiderations in mind, we believe thatthe technical regulations we proposeherein provide a reasonable balance ofthese concerns.

22. Under the regional planningprocess, frequency coordination iscompetitive. Frequency coordination isthe process by which a privateorganization recommends to theCommission the most appropriatefrequencies for private land mobileradio service applicants. Frequencycoordinators provide a valuable serviceto the Commission by eliminatingcommon application errors, therebyimproving the quality of theapplications and resolving potentialinterference problems at the source. Wecontinue to believe that theencouragement of competition amongcoordinators promotes cost-basedpricing of coordination services andprovides incentives for enhancingservice quality. Therefore, we will

continue to allow any of the certifiedpublic safety coordinators to providecoordination in the 700 MHz band.

23. Recognizing the budgetaryconstraints that public safety entitiesface as a matter of course, we haveproposed rules that encourage broad-based efforts, such as projects on thestate and regional level, to coordinateand consolidate operations that arecritical to meeting the needs of publicsafety with cost effective, spectrally-efficient radio systems. For example, wehave proposed trunking on certainpublic safety channels in the 700 MHzband. Trunked systems would provideservice to many governmental entities ina specific geographic area and offer ahigher degree of efficiency than somesmaller, non-trunked systems. Adifficulty in establishing these types ofshared systems is that they requireindividual agencies to surrender someautonomy in return for the efficienciesand better coverage of a larger system.In addition, the funding required todevelop the infrastructure necessary tosupport some of the newer technologiesis often too great to permit small publicsafety agencies to participate in new,sophisticated, spectrum efficient,wireless radio systems. These sameagencies, however, might be able toparticipate in a county-wide or state-wide system. For these, and other,reasons, we encourage the use of sharedsystems in the public safety community.

24. We believe that flexible licensingpolicies are necessary to encourage theuse of the most spectrally efficienttechnology to meet user-defined needs.Recognizing the budgetary constraintsthat small public safety entities face, the4thNPRM seeks comment on a variety ofproposals regarding the interoperabilityspectrum in the 700 MHz public safetyband. Any significant alternativespresented in comments will beconsidered.

VI. Federal Rules That May Duplicate,Overlap, or Conflict With the ProposedRules

25. None.


Advisory committees,Communications equipment, Radio.

Federal Communications Commission.William F. Caton,Deputy Secretary.

Proposed Rule Changes

For the reasons discussed in thepreamble, the Federal CommunicationsCommission proposes to amend 47 CFRpart 90 as follows:

PART 90—PRIVATE LAND MOBILERADIO SERVICES

1. The authority citation for Part 90 isrevised to read as follows:

Authority: Secs. 4, 251–52, 303, 309, 332and 337 of the Communications Act of 1934,48 Stat. 1066, 1082, as amended, 47 U.S.C.154, 251–52, 303, 309, 332 and 337, unlessotherwise noted.

2. A new § 90.524 is added to read asfollows:

§ 90.524 Administration of interoperabilitychannels.

(a) States are responsible foradministration of the interoperabilitychannels in the 764–776 MHz and 794–806 MHz frequency bands. Base andcontrol stations must be licensedindividually. A public safety entity mayoperate mobile or portable units on theinteroperability channels in the 764–776MHz and 794–806 MHz frequencybands without an individual license if:the entity is eligible to hold a license inthe 764–776 MHz and 794–806 MHzfrequency bands; or the entity otherwiseis licensed under part 90 of these Rules.All persons operating mobile or portableunits are responsible for compliancewith part 90 of these Rules and otherapplicable federal laws.

(b) License applications forinteroperability channels in the 764–776MHz and 794–806 MHz frequencybands must be approved by a state-levelagency or organization responsible foradministering state emergencycommunications. States may hold thelicenses for interoperability channels orapprove other qualified entities to holdsuch licenses. States may delegate theapproval process for interoperabilitychannels to another entity, such asregional planning committees.

3. Section 90.531 is amended byadding paragraphs (b)(1)(i) through(b)(1)(iv) to read as follows:

§ 90.531 Band plan.

* * * * *(b) * * *(1) * * *(i) Primary narrowband

interoperability channels. The followingchannels are designated as primarynarrowband interoperability channels.[Note: channels dependent upon guardband decision].

(ii) Narrowband data interoperabilitychannels. The following channels arededicated for the express purpose ofnationwide data transmission only.[Note: channels dependent upon guardband decision].

(iii) Narrowband callinginteroperability channels. The followingchannels are dedicated for the express



purpose of nationwide interoperabilitycalling only [Note: channels dependentupon guard band decision]. Trunkingand encryption are prohibited on thetwo designated calling channel sets.

(iv) Narrowband trunkinginteroperability channels. The followingchannels are available for nationwideinteroperability trunking purposes.[Note: channels dependent upon guardband decision].* * * * *

4. Section 90.537 is revised to read asfollows:

§ 90.537 Trunking requirement.(a) General use channels. All systems

using six or more narrowband channelsin the 764–776 MHz and 794–806 MHzfrequency bands must be trunkedsystems, except for those described inparagraph (b) of this section.

(b) Interoperability channels.Trunking is permitted on ten of thechannels designated for nationwideinteroperability use, as designated in§ 90.531(b)(1)(iv). The followingrequirements apply to interoperabilitychannels where trunking is permitted,but not required: Trunked use must beconducted on a strict secondary, non-interference basis; 6.25 kHz, 12.5 kHz,and 25 kHz trunked operations arepermitted; and routine (day-to-day)communications are permitted if the

channel(s) are not needed for emergencycommunications. Trunking is prohibitedon the remainder of the interoperabilitychannels, including any channelsreserved as calling channels, becausesuch channels are reserved forconventional operations.

5. Section 90.547 is revised to read asfollows:

§ 90.547 Interoperability channel capabilityrequirement.

(a) Mobile and portable transmittersdesigned pursuant to standards adoptedby the National Coordination Committeeto operate in the 764–776 MHz and 794–806 MHz frequency bands must becapable of operating on any of thedesignated nationwide narrowbandinteroperability channels, approved bythe Commission. Subscriber unitsdesigned for data-only applications arenot required to have voice capability.Subscriber units designed for voice-onlyapplications are not required to havedata transmission capability.

(b) Transmitters operating on thosenarrowband channels in the 764–776and 794–806 MHz band designated forinteroperability (See § 90.531 shallconform to the following technicalstandards):

(1) Transmitters designed for voiceoperation within a 12.5 kHz or 6.25 kHzbandwidth shall conform to the

following standards: ANSI/TIA/EIA102.BAAA–1 (common airinterface); ANSI/TIA/EIA102.BABA(vocoder).

(2) Transmitters designed for datatransmission within a 12.5 kHz or 6.25kHz bandwidth shall conform to thefollowing standards, as applicable:ANSI/TIA/EIA 102.BAEA (dataoverview); ANSI/TIA/EIA 102.BAEB(packet data specification); ANSI/TIA/EIA102.BAEC (circuit data description);ANSI/TIA/EIA 102.BAEA (radio controlprotocol); and ANSI/TIA/EIA 102.BABA(vocoder).

(c) Copies of the standards listed inthis § 90.547 that are incorporated byreference can be purchased from theAmerican National Standards Institute,Washington, DC Headquarters, 1819 LStreet, NW., 6th Floor, Washington, DC20036.

(d) Copies of the standards listed inthis § 90.547 that are incorporated byreference may be inspected at theFederal Communications Commission,445 12th Street, SW., Washington, DC(Reference Information Center) or at theOffice of the Federal Register, 800 NorthCapitol Street, NW, Suite 700,Washington.

[FR Doc. 00–21579 Filed 8–24–00; 8:45 am]BILLING CODE 6712–01–P


This section of the FEDERAL REGISTERcontains documents other than rules orproposed rules that are applicable to thepublic. Notices of hearings and investigations,committee meetings, agency decisions andrulings, delegations of authority, filing ofpetitions and applications and agencystatements of organization and functions areexamples of documents appearing in thissection.

Notices Federal Register

51793

Vol. 65, No. 166



Forest Service

Bridger-Teton National Forest Oil andGas Leasing EIS Authorizing BLM ToOffer Oil and Gas Leases inManagement Areas 21,45,71,72.Bridger-Teton National Forest, Teton,Sublette and Fremont Counties, WY

AGENCY: Forest Service, USDA—LeadAgency; Bureau of Land Management(BLM) Cooperating Agency.ACTION: Revised and updated Notice ofIntent to Prepare an EnvironmentalImpact Statement.

SUMMARY: This Federal Register noticerevises the Notice of Intent published inthe January 15, 1998 Federal RegisterVolume 63, Number 10. The Bridger-Teton National Forest expects to file thedraft EIS with the EnvironmentalProtection Agency and make it availablefor public comment in October 2000. Inaddition to making the leasing decisionfor these four management areas asstated in the January 1998 Notice ofIntent, the Bridger-Teton NationalForest will now also re-visit theavailability decision of thesemanagement areas that was made in the1990 Land and Resource ManagementPlan (Forest Plan). The Bridger-TetonNational Forest will consider andanalyze the environmental effects ofleasing and of amending the 1990 ForestPlan to remove all or portions of thesemanagement areas from availability. Theanalysis will also consider addingrestrictions (stipulations) or changingcurrent stipulations in the Forest Planwhich would require a Forest Planamendment.

The 1990 Bridger-Teton NationalForest and Resource Management Planidentified all of Management Areas 21,45, 71, and 72 as available for oil andgas leasing. The Forest Plan did notmake the site-specific leasing decisionfor these lands, therefore, the Forest

Plan did not make an irreversiblecommitment of resources. The next stepin the leasing process is to complete asite-specific analysis of the ManagementAreas. The current oil and gas leasinganalysis is tiered to the oil and gasanalysis contained within the Bridger-Teton National Forest and ResourceManagement Plan Final EnvironmentalImpact Statement and analyzes resourceissues at a smaller scale andincorporates any new resourceinformation. The purpose of offeringManagement Areas 21, 45, 71, and 72 isto provide opportunities for explorationand development of leasable minerals.A specific objective of the 1990 ForestPlan is to ‘‘Provide leasable, locatable,and salable mineral exploration anddevelopment opportunities’’ (seeObjective 1.1(d), page 113, Bridger-Teton National Forest and ResourceManagement Plan). Additionally, theFederal government’s policy forminerals resource management isexpressed in the Mining and MineralsPolicy Act of 1970. The Act directs theForest Service to ‘‘foster and encourageprivate enterprise in the development ofeconomically sound and stableindustries and in the orderly andeconomic development of domesticresources * * *’’

The Responsible Official is Carole‘Kniffy’ Hamilton, Forest Supervisor,Bridger-Teton National Forest, Jackson,Wyoming. The decision to be made iswhether or not to authorize the BLM tooffer specific lands for lease, subject tothe Forest Service ensuring that correctstipulations are attached to the leasesissued by the BLM (36CFR228.102(e))and to consider amending the Bridger-Teton National Forest and ResourceManagement Plan by adding additionalstipulations and/or changing theavailability decision made in the Planfor these four management areas or partsthereof. The draft EIS is expected to beavailable for public review in October2000, with a final EIS estimated to becompleted in March 2001. The commentperiod on the draft EIS will be 60 daysfrom the date the EnvironmentalProtection Agency publishes the noticeof availability in the Federal Register.

FOR FURTHER INFORMATION CONTACT:Questions concering the proposedaction and EIS should be directed toRick Anderson at the ForestSupervisor’s Office, Bridger-Teton

National Forest, P.O. Box 1888, Jackson,WY 83001, phone (307) 739–5558.

SUPPLEMENTARY INFORMATION: When theBridger-Teton National Forest andResource Management Plan wasapproved in 1990, it identified, at aprogrammatic level, the lands availablefor oil and gas leasing. The next step inthe leasing process is for the ForestService to perform a site-specific leasinganalysis tiered to the Forest Plan. Thepurpose of this analysis is to implementthe authority granted to the ForestService by the Federal Onshore Oil andGas Leasing Reform Act of 1987 and theimplementing regulations (36 CFR 228E), and to make the leasing decision forthe specific lands for which interest inleasing has been expressed.

Conducting this analysis and makingthe necessary determinations willinclude the following steps ordeterminations:

(a) Verify that the leasing of theselands is consistent with the Forest Plan.

(b) Determine that the leasing hasbeen adequately addressed in a NationalEnvironmental Policy Act (NEPA)document.

(c) Determine if further analysis isneeded resulting from newcircumstances or new information.

(d) Determine which specific landsand under what conditions the ForestService will consent to authorize theBureau of Land Management (BLM) tooffer for lease.

Conducting an environmentalanalysis on a proposed leasing action istriggered when the BLM receives anExpression of Interest in leasing aspecific area. This Expression of Interestmeans an entity has identified a blockof land that it wants to be offered forleasing. In cases where no site-specificanalysis has been completed, this actionrequires the Forest Service to completean analysis of the area to determinewhich of the nominated lands it willconsent to be leased and to identifyunder what conditions the oil and gasactivities will be permitted. TheBridger-Teton National Forest willanalyze the entire management area foreach of the 3 management areas wherethe nominated lands are located (MAs21, 45, and 72), plus one additional,contiguous management area (MA 71).

VerDate 11<MAY>2000 17:39 Aug 24, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\25AUN1.SGM pfrm01 PsN: 25AUN1

51794 Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Notices

Dated: August 14, 2000.Carole ‘Kniffy’ Hamilton,Forest Supervisor, Bridger-Teton NationalForest, USDA Forest Service.[FR Doc. 00–21161 Filed 8–24–00; 8:45 am]BILLING CODE 3410–11–M

COMMITTEE FOR PURCHASE FROMPEOPLE WHO ARE BLIND ORSEVERELY DISABLED

Procurement List; Proposed Additions

AGENCY: Committee for Purchase FromPeople Who Are Blind or SeverelyDisabled.ACTION: Proposed additions toProcurement List.

SUMMARY: The Committee has receivedproposals to add to the Procurement Listcommodities and services to befurnished by nonprofit agenciesemploying persons who are blind orhave other severe disabilities.DATES: Comments must be received onor before September 25, 2000.ADDRESSES: Committee for PurchaseFrom People Who Are Blind or SeverelyDisabled, Jefferson Plaza 2, Suite 10800,1421 Jefferson Davis Highway,Arlington, Virginia 22202–3259.FOR FURTHER INFORMATION CONTACT:Louis R. Bartalot, (703) 603–7740.SUPPLEMENTARY INFORMATION: Thisnotice is published pursuant to 41U.S.C. 47(a)(2) and 41 CFR 51–2.3. Itspurpose is to provide interested personsan opportunity to submit comments onthe possible impact of the proposedactions.

If the Committee approves theproposed additions, all entities of theFederal Government (except asotherwise indicated) will be required toprocure the commodities and serviceslisted below from nonprofit agenciesemploying persons who are blind orhave other severe disabilities.

I certify that the following action willnot have a significant impact on asubstantial number of small entities.The major factors considered for thiscertification were:

1. The action will not result in anyadditional reporting, recordkeeping orother compliance requirements for smallentities other than the smallorganizations that will furnish thecommodities and services to theGovernment.

2. The action will result inauthorizing small entities to furnish thecommodities and services to theGovernment.

3. There are no known regulatoryalternatives which would accomplish

the objectives of the Javits-Wagner-O’Day Act (41 U.S.C. 46–48c) inconnection with the commodities andservices proposed for addition to theProcurement List. Comments on thiscertification are invited. Commentersshould identify the statement(s)underlying the certification on whichthey are providing additionalinformation.

The following commodities andservices have been proposed foraddition to Procurement List forproduction by the nonprofit agencieslisted:

Commodities

Bar Assembly, Door3920–02–000–1915

NPA: Rauch Rehabilitation & DevelopmentalServices, Inc., New Albany, Indiana

CRT and Keyboard Cleaner7045–01–247–6020

NPA: North Central Sight Services, Inc.,Williamsport, Pennsylvania

Cot, Folding7105–00–935–0422

(12.5% of the Government’s Requirement)NPA: CETC Employment Opportunities, Inc.,

New Bern, North CarolinaVegetable Oil

8945–00–NSH–0001(Minimum of 15% of the Government’sRequirement or a monthly amount not toexceed 3,500 Metric Tons)NPA: Advocacy and Resource Corp. (ARC),

Cookeville, Tennessee

Services

Janitorial/Custodial

Backbay National Wildlife Refuge, 4005Sandpiper Road, Virginia Beach, Virginia

NPA: Community Alternatives, Inc., VirginiaBeach, Virginia

Mailroom Operation/Messenger Services

U.S. Peace Corps Headquarters, 1111 20thStreet, NW, Washington, DC

NPA: Didlake, Inc., Manassas, Virginia

Microfilming Services

Commodities Future Trading Commission,1155 21st Street, Washington, DC

NPA: Developmental Services Group, Inc.,Columbia, Maryland

Rita L. Wells,Deputy Executive Director.[FR Doc. 00–21810 Filed 8–24–00; 8:45 am]BILLING CODE 6353–01–P

COMMITTEE FOR PURCHASE FROMPEOPLE WHO ARE BLIND ORSEVERELY DISABLED

Procurement List; Additions andDeletions

AGENCY: Committee for Purchase FromPeople Who Are Blind or SeverelyDisabled.

ACTION: Additions to and deletions fromthe Procurement List.

SUMMARY: This action adds to theProcurement List commodities andservices to be furnished by nonprofitagencies employing persons who areblind or have other severe disabilities,and deletes from the Procurement Listcommodities previously furnished bysuch agencies.EFFECTIVE DATE: September 25, 2000.ADDRESSES: Committee for PurchaseFrom People Who Are Blind or SeverelyDisabled, Jefferson Plaza 2, Suite 10800,1421 Jefferson Davis Highway,Arlington, Virginia 22202–3259.FOR FURTHER INFORMATION CONTACT:Louis R. Bartalot, (703) 603–7740.SUPPLEMENTARY INFORMATION: On March31, June 9 and July 7, 2000, theCommittee for Purchase From PeopleWho Are Blind or Severely Disabledpublished notices (65 FR 17255, 36663,41941 and 41942) of proposed additionsto and deletions from the ProcurementList:

AdditionsAfter consideration of the material

presented to it concerning capability ofqualified nonprofit agencies to providethe commodities and services andimpact of the additions on the currentor most recent contractors, theCommittee has determined that thecommodities and services listed beloware suitable for procurement by theFederal Government under 41 U.S.C.46–48c and 41 CFR 51–2.4.

I certify that the following action willnot have a significant impact on asubstantial number of small entities.The major factors considered for thiscertification were:

1. The action will not result in anyadditional reporting, recordkeeping orother compliance requirements for smallentities other than the smallorganizations that will furnish thecommodities and services to theGovernment.

2. The action will not have a severeeconomic impact on current contractorsfor the commodities and services.

3. The action will result inauthorizing small entities to furnish thecommodities and services to theGovernment.

4. There are no known regulatoryalternatives which would accomplishthe objectives of the Javits-Wagner-O’Day Act (41 U.S.C. 46–48c) inconnection with the commodities andservices proposed for addition to theProcurement List.

Accordingly, the followingcommodities and services are herebyadded to the Procurement List:


51795Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Notices

Commodities

Strap, Mail Tray5340–01–365–1043

Field Pack, Firefighters8465–01–169–3996

Services

Janitorial/Custodial

U.S. Army Reserve Center180 High Street, Fairfield, ConnecticutAMSA 69, 26 Seamans Lane, Milford,

ConnecticutU.S. Department of Agriculture, Avian

Disease and Oncology Lab, East Lansing,Michigan

Switchboard Operation

VA Hudson Valley Health Care SystemCastle Point Campus, Castle Point, New

YorkFDR Campus, Albany Post Road, Montrose,

New York

This action does not affect currentcontracts awarded prior to the effectivedate of this addition or options that maybe exercised under those contracts.

DeletionsI certify that the following action will

not have a significant impact on asubstantial number of small entities.The major factors considered for thiscertification were:

1. The action may not result in anyadditional reporting, recordkeeping orother compliance requirements for smallentities.

2. The action will not have a severeeconomic impact on future contractorsfor the commodities.

3. The action may result inauthorizing small entities to furnish thecommodities to the Government.

4. There are no known regulatoryalternatives which would accomplishthe objectives of the Javits-Wagner-O’Day Act (41 U.S.C. 46–48c) inconnection with the commoditiesdeleted from the Procurement List.

After consideration of the relevantmatter presented, the Committee hasdetermined that the commodities listedbelow are no longer suitable forprocurement by the Federal Governmentunder 41 U.S.C. 46–48c and 41 CFR 51–2.4.

Accordingly, the followingcommodities are hereby deleted fromthe Procurement List:Tree Marking Paint and Tracer Element

8010–01–273–37698010–01–273–37688010–01–273–37678010–01–273–37668010–01–274–25698010–01–274–25688010–01–274–25648010–01–273–37658010–01–273–37648010–01–273–37638010–01–273–8705

8010–01–274–25678010–01–274–77958010–01–274–25638010–01–274–25748010–01–274–25738010–01–274–25728010–01–274–25718010–01–274–25668010–01–274–25658010–01–274–25628010–01–380–17798010–01–380–17708010–01–380–17068010–01–380–17108010–01–380–17778010–01–380–17818010–01–380–17088010–01–380–17328010–01–380–17008010–01–380–17278010–01–380–17568010–01–380–17028010–01–380–17458010–01–380–17358010–01–380–17668010–01–380–17558010–01–380–17698010–01–380–17638010–01–380–17398010–01–380–17578010–01–380–1753

Paper, Kraft Wrapping8135–00–160–77528135–00–160–7770

Rita L. Wells,Deputy Executive Director.[FR Doc. 00–21811 Filed 8–24–00; 8:45 am]BILLING CODE 6353–01–P

COMMISSION ON CIVIL RIGHTS

Agenda and Notice of Public Meetingof the Virginia Advisory Committee

Notice is hereby given, pursuant tothe provisions of the rules andregulations of the U.S. Commission onCivil Rights, that a meeting of theVirginia Advisory Committee to theCommission will convene at 1:00 p.m.and adjourn at 4:00 p.m. on Wednesday,September 27, 2000, at the City Hall,2nd Floor, Council Chambers, 605 E.Main Street, Charlottesville, Virginia.The purpose of the meeting is toconsider a response to comments byVirginia Governor James Gilmoreregarding its recent report, UnequalJustice: African Americans in theVirginia Justice System; and plan newprojects. The Committee will appear asguests at a community forum,highlighting the same report, sponsoredby the Citizens Advisory Committee forthe Charlottesville-Albemarle PublicDefender Office, from 6:30 p.m. to 9:00p.m. at the Buford Middle School, 9thStreet SW and Cherry Avenue,Charlottesville, Virginia.

Persons desiring additionalinformation, or planning a presentation

to the Committee, should contactEdward Darden, Civil Rights Analyst, ofthe Eastern Regional Office, 202–376–7533 (TDD 202–376–8116). Hearing-impaired persons who will attend themeeting and require the services of asign language interpreter should contactthe Regional Office at least ten (10)working days before the scheduled dateof the meeting.

The meeting will be conductedpursuant to the provisions of the rulesand regulations of the Commission.

Dated at Washington, DC, August 21, 2000.Lisa M. Kelly,Special Assistant to the Staff Director,Regional Programs Coordination Unit.[FR Doc. 00–21771 Filed 8–24–00; 8:45 am]BILLING CODE 6335–01–P


[I.D. 082200B]

Submission for OMB Review;Comment Request

The Department of Commerce hassubmitted to the Office of Managementand Budget (OMB) for clearance thefollowing proposal for collection ofinformation under the provisions of thePaperwork Reduction Act (44 U.S.C.Chapter 35).

Agency: National Oceanic andAtmospheric Administration (NOAA).

Title: Southeast Region LogbookFamily of Forms.

Form Number(s): NOAA Form 88–186.

OMB Approval Number: 0648–0016.Type of Request: Regular submission.Burden Hours: 10,639.Number of Respondents: 3,925.Average Hours Per Response: For all

headboat fishing activities, the HeadboatSurvey, 12 minutes per response. Forthe Gulf of Mexico and South Atlanticfishery, the Golden Crab Trip ReportLogbook, 10 minutes per response forfishing forms and 2 minutes to submita no-fishing response. For the Gulf ofMexico and South Atlantic fishery, theReef Fish Fishing Vessel LogbookRecord—Gulf of Mexico Reef Fish,South Atlantic Snapper-Grouper, Kingand Spanish mackerel, and Shark, 10minutes per response for fishing formsand 2 minutes for no-fishing forms. Forthe South and Mid Atlantic WreckfishFishery, the Wreckfish Fishery FishingVessel Logbook Record, 10 minutes perresponse for fishing forms and 2minutes for no-fishing forms. ForColombian waters, the Fishing VesselRecord Colombian Treaty WatersLogbook Catch Report Form, 18 minutesper response for fishing forms and 2



minutes to submit a no-fishing response.For the harvest of acquacultured liverock, the Acquacultured Live Rock LogReport, 15 minutes per response.

Needs and Uses: Participants inFederally-managed fisheries of theCaribbean, Gulf and South Atlantic arerequired to provide certain informationabout their fishing activities. Theinformation is needed for themanagement of the fishery.

Affected Public: Individuals, businessand other for-profit organizations.

Frequency: Every trip.Respondent’s Obligation: Mandatory.OMB Desk Officer: David Rostker,

(202) 395–3897.Copies of the above information

collection proposal can be obtained by

calling or writing Linda Engelmeier,DOC Forms Clearance Officer, (202)482–3272, Department of Commerce,Room 6086, 14th and ConstitutionAvenue, NW, Washington, DC 20230 (orvia the Internet at [email protected]).

Written comments andrecommendations for the proposedinformation collection should be sentwithin 30 days of publication of thisnotice to David Rostker, OMB DeskOfficer, Room 10202, New ExecutiveOffice Building, Washington, DC 20503.

Dated: August 18, 2000.Madeleine Clayton,Departmental Forms Clearance Officer, Officeof the Chief Information Officer.[FR Doc. 00–21806 Filed 8–24–00; 8:45 am]BILLING CODE 3510–22–F


Economic Development Administration

Notice of Petitions by Producing Firmsfor Determination of Eligibility ToApply for Trade AdjustmentAssistance

AGENCY: Economic DevelopmentAdministration (EDA), Commerce.

ACTION: To give firms an opportunity tocomment.

Petitions have been accepted for filingon the dates indicated from the firmslisted below.

LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD JULY 16, 2000–AUGUST 15, 2000

Firm name Address Date petitionaccepted Product

Southwestern Glass Co., Inc .............. 1016 S. 28th Street, Van Buren, AR72956.

20–Jul–2000 ....... Hand-blown glass componentparts for thelamp and lighting fixture industry.

Cramer, Inc ......................................... 625 Adams Street, Kansas City, KS66105.

25–Jul–2000 ....... Office seating, ladders, kicksteps and com-puter accessories.

Solar Light Company .......................... 721 Oak Lane, Philadelphia, PA19126.

31–Jul–2000 ....... Ultraviolet or infrared ray apparatus parts &accessories to test for ultraviolet radiationin the medical industry.

Hillcrest Manufacturing, Inc ................ P. O. Box 500, Paoli, IN 47454 ......... 04–Aug–2000 ..... Wood seating for offices.Johnston Resources, L.L.C. dba

Darilee Industries.20 School Street, Whitehall, NY

12887.04–Aug–2000 ..... Audio speaker cabinets of vinyl clad flake

board.Monroe Manufacturing, Inc ................. State Rte. 78, Lewisville Rd.,

Woodsfield, OH 43793.04–Aug–2000 ..... Shirts for men and women.

Everson Cordage Works, Inc ............. 7180 Everson-Goshen Rd., Everson,WA 98247.

16–Aug–2000 ..... Bulk and packaged twine.

Bontex, Inc. ......................................... One Bontex Drive, Buena Vista, VA24410.

17–Aug–2000 ..... Fabricated rubber products.

The petitions were submittedpursuant to Section 251 of the Trade Actof 1974 (19 U.S.C. 2341). Consequently,the United States Department ofCommerce has initiated separateinvestigations to determine whetherincreased imports into the United Statesof articles like or directly competitivewith those produced by each firmcontributed importantly to total orpartial separation of the firm’s workers,or threat thereof, and to a decrease insales or production of each petitioningfirm.

Any party having a substantialinterest in the proceedings may requesta public hearing on the matter. Arequest for a hearing must be receivedby Trade Adjustment Assistance, Room7315, Economic DevelopmentAdministration, U.S. Department ofCommerce, Washington, D.C. 20230, nolater than the close of business of thetenth calendar day following thepublication of this notice.

The Catalog of Federal DomesticAssistance official program number and

title of the program under which thesepetitions are submitted is 11.313, TradeAdjustment Assistance.

Dated: August 18, 2000.Anthony J. Meyer,Coordinator, Trade Adjustment andTechnical Assistance.[FR Doc. 00–21713 Filed 8–24–00; 8:45 am]BILLING CODE 3510–24–P


Foreign-Trade Zones Board

[Docket 8–2000]

Proposed Foreign-Trade Zone—Waco,TX; Amendment of Application

Notice is hereby given that theapplication of the City of Waco, Texas,to establish a general-purpose foreign-trade zone at sites in Waco, Texas (Doc.8–2000, 65 F.R.13938, 3/15/00), hasbeen amended to add an additionalparcel (103 acres) to Proposed Site 2within the 3,000-acre Texas Central

Industrial Park in Waco. The site isadjacent to the Dallas/Fort WorthCustoms Port of entry.

As amended, Proposed Site 2 willconsist of 242 acres within the TexasCentral Industrial Park. The applicationotherwise remains unchanged.

The comment period is reopeneduntil September 25, 2000. Submissions(original and 3 copies) shall beaddressed to the Board’s ExecutiveSecretary at the address below.

A copy of the application and theamendment and accompanying exhibitsare available for public inspection at thefollowing locations:

Greater Waco Chamber of Commerce,101 South University Parks Drive,Waco, TX 76701

Office of the Executive Secretary,Foreign-Trade Zones Board, Room4008, U.S. Department of Commerce,14th & Pennsylvania Avenue, NW.,Washington, DC 20230



Dated: August 16, 2000.Dennis Puccinelli,Executive Secretary.[FR Doc. 00–21809 Filed 8–24–00; 8:45 am]BILLING CODE 3510–DS–P


International Trade Administration

[A–580–601]

Top-of-the-Stove Stainless SteelCooking Ware From Korea: Extensionof Preliminary Results of AntidumpingDuty Administrative Review

AGENCY: Import Administration,International Trade Administration,Department of Commerce.

EFFECTIVE DATE: August 25, 2000.

FOR FURTHER INFORMATION CONTACT:Nova Daly at (202) 482–0989, Office ofAD/CVD Enforcement Group 4, ImportAdministration, International TradeAdministration, U.S. Department ofCommerce, 14th Street and ConstitutionAve, NW., Washington, DC 20230.

Time Limits

Statutory Time Limits

Section 751(a)(3)(A) of the Tariff Actof 1930, as amended (the Act), requiresthe Department of Commerce (theDepartment) to make a preliminarydetermination within 245 days after thelast day of the anniversary month of anorder/finding for which a review isrequested and a final determinationwithin 120 days after the date on whichthe preliminary determination ispublished. However, if it is notpracticable to complete the reviewwithin the time period, section751(a)(3)(A) of the Act allows theDepartment to extend the time limit forthe preliminary determination to amaximum of 365 days and for the finaldetermination to 180 days (or 300 daysif the Department does not extend thetime limit for the preliminarydetermination) from the date ofpublication of the preliminarydetermination.

Background

On February 28, 2000 the Departmentpublished a notice of initiation ofadministrative review of theantidumping duty order on Top-of-the-Stove Stainless Steel Cooking Ware fromKorea, covering the period January 1,1999 through December 31, 1999 (65 FR10466). The preliminary results arecurrently due no later than October 2,2000.

Extension of Preliminary Results ofReview

We determine that it is not practicableto complete the preliminary results ofthis review within the original timelimit. Therefore, we are extending thetime limit for completion of thepreliminary results until no later thanJanuary 30, 2001. See DecisionMemorandum from Acting OfficeDirector Tom Futtner to Acting DeputyAssistant Secretary Holly Kuga, datedconcurrently with this notice, which ison file in the Central Records Unit,Room B–099 of the main CommerceBuilding. We intend to issue the finaldetermination no later than 120 daysafter the publication of the preliminaryresults of review notice.

This extension is in accordance withsection 751(a)(3)(A) of the Act.

Dated: August 10, 2000.Holly A. Kuga,Acting Deputy Assistant Secretary for ImportAdministration.[FR Doc. 00–21807 Filed 8–24–00; 8:45 am]BILLING CODE 3510–DS–P


International Trade Administration

Applications for Duty-Free Entry ofScientific Instruments

Pursuant to section 6(c) of theEducational, Scientific and CulturalMaterials Importation Act of 1966 (Pub.L. 89–651; 80 Stat. 897; 15 CFR part301), we invite comments on thequestion of whether instruments ofequivalent scientific value, for thepurposes for which the instrumentsshown below are intended to be used,are being manufactured in the UnitedStates.

Comments must comply with 15 CFR301.5(a)(3) and (4) of the regulations andbe filed within 20 days with theStatutory Import Programs Staff, U.S.Department of Commerce, Washington,DC 20230. Applications may beexamined between 8:30 a.m. and 5 p.m.in Room 4211, Department ofCommerce, 14th Street and ConstitutionAvenue, NW., Washington, DC.

Docket Number: 00–024. Applicant:University of Washington, Departmentof Pathology, Box 356100, 1959 NEPacific Street, Seattle, WA 98195–6100.Instrument: Laser MicrodissectionSystem. Manufacturer: P.A.L.M.Mikrolaser Technologie, Germany.Intended Use: The instrument isintended to be used for the study ofhuman diseased and normal controltissues from surgical resections,autopsies and biopsy specimens, along

with tissues and cells from animal andcell culture disease models. Twoexamples of specific experiments are:(1) Dissection of single neoplasticpancreatic cells from resection materialsystematically obtained from a singlefamily inheriting autosomal dominantpancreatic cancer and (2)microdissection of cells and tissues withgreat accuracy and purity to generatecell-type-specific expression probes forgenetic expression analysis using therecent advent of microarray DNA chiptechnology and proteomics. Thisinstrument will be used by graduate andmedical students for their variouspathology research projects. Applicationaccepted by Commissioner of Customs:August 2, 2000.

Docket Number: 00–025. Applicant:The Art Institute of Chicago,Conservation Department, 111 SouthMichigan Avenue, Chicago, IL 60603–6110. Instrument: Low PressureConservation Table with Accessories.Manufacturer: Willard Fine ArtConservation Equipment, UnitedKingdom. Intended Use: The instrumentis intended to be used to test materialsand develop new techniques for thetreatment of paintings duringconservation. Application accepted byCommissioner of Customs: August 2,2000.

Gerald A. Zerdy,Program Manager, Statutory Import ProgramsStaff.[FR Doc. 00–21808 Filed 8–24–00; 8:45 am]BILLING CODE 3510–DS–P


National Institute of Standards andTechnology

Announcement of Meeting andOpportunity to Join the BiometricInteroperability, Performance, andAssurance Working Group

AGENCY: National Institute of Standardsand Technology, Commerce.ACTION: Notice of public meeting.

SUMMARY: The National Institute ofStandards and Technology (NIST)invites interested parties to attend thekick-off meeting of the BiometricInteroperability, Performance, andAssurance Working Group onSeptember 12, 2000 at NIST inGaithersburg, Maryland from 8:30 AMto 4:00 PM. The BiometricInteroperability, Performance, andAssurance Working Group will operateunder the umbrella of the US BiometricConsortium (BC). The goal of thisWorking Group is to provide a forum for



its members to address issues related tobiometrics interoperability, performancemetrics, user’s requirements, andbiometrics assurance. The WorkingGroup is being formed to facilitate andencourage, under the BiometricConsortium, further exchange ofinformation and collaborative effortsbetween users and private industry inall things biometric. It intends tosupport further advancement oftechnical efficient and compatiblebiometrics technology solutions on anational and international basis byaddressing required issues and effortsother than current development alreadyundertaken by other national orinternational organizations (e.g., formalstandards, industrial consortiumdevelopments, on-going testingdevelopments, etc.). NIST will makeavailable the Working Groupmembership agreement at the USBiometric Consortium Web page: http://www.biometrics.orgDATES: The meeting will take place onSeptember 12, 2000 from 8:30 AM to4:00 PM in Gaithersburg, MD.ADDRESSES: The meeting will be held atthe National Institute of Standards andTechnology, Administration Building,100 Bureau Drive, Gaithersburg, MD,20899.FOR FURTHER INFORMATION CONTACT:Fernando Podio, Co-Chair, BiometricConsortium, 100 Bureau Drive, Stop8951, Gaithersburg, MD, 20899;Telephone (301) 975–2947; Fax (301)869–7429; E-mail:[email protected]. The WorkingGroup meeting will be co-located withthe Biometric Consortium 2000Conference to be held at NIST onSeptember 13 and 14. Information onaccommodations, transportation and anarea map may be found on the WorldWide Web at the biometric ConsortiumConference Web page: http://www.nist.gov/bc2000.SUPPLEMENTARY INFORMATION:

Working Group GoalsThe Working Group’s goals will

include: (1) Providing the users withfurther opportunities under theBiometric Consortium to interact withprivate industry on issues related to thedevelopment of the requiredperformance metrics and standards thatwould reflect their needs; (2)Developing guidelines and tests toaccomplish effective-enhancing andtechnically compatible technologies ona non-discriminatory, voluntary, multi-vendors basis; (3) Conductingappropriate research, including researchprototype activities among its members,and informational activities as required;

(4) Developing functional specifications,measurements, test sequences,demonstrations, correspondingpublications and other activities asrequired; (5) Biometrics integration withother technologies (e.g., smart cards andPKI) may impose additionalperformance metrics and technicalspecifications (they will also beaddressed as required); (6) in theabsence of required formal standards,developing submissions to appropriateindustry forums and standards bodiesthat facilitate the evolution of standards;and, (7) Task Forces to address specificissues will be formed as required.

The BC Working Group will seekstrong coordination of its activities withother organizations to improveefficiency of operations and to avoidduplication of their efforts. It intends toestablish liaisons with otherorganizations that are involved withbiometric technology developmentsincluding industrial organizations andGovernment efforts.

More details on the planned activitiesare provided in the BC Working Groupmembership agreement. A preliminarylist of topics that will be addressed inthis forum include: (1) Userrequirements on interoperability,performance and standards; (2)Interoperability tests; (3) Performancemetrology; (4) biometric datainterchange; (5) Quality; and, (6)Biometrics Assurance.

BackgroundThe US Biometric Consortium (BC)

serves as the Government’s focal pointfor research, development, testing,evaluation, and application ofbiometric-based personal identificationand verification technology. It currentlyhas over seven hundred members fromprivate industry, Federal/State/localgovernment, and academia. Sixtydifferent federal agencies arerepresented in the Consortium. The BC,NIST and NSA sponsor research andother industry and user activities, asneeded. The Biometric Consortium isco-chaired by Jeffrey S. Dunn andFernando L. Podio.

As defined by the US BiometricConsortium, biometrics are automatedmethods of recognizing a person basedon a physiological or behavioralcharacteristic. In the context of thisWorking Group, biometrics may be usedfor personal verification (one to onematching) applications and personalidentification (one to many)applications.

The Biometric Consortium, NIST(through the Information TechnologyLaboratory (ITL)), and NSA (through theResearch and Advance Development

Group) collaborate in fostering andconducting research in biometricstechnologies and small cards to assistusers and these industries in developingnew technology capabilities, testingmethodologies and standards. Theseefforts are in support of informationsecurity, electronic commerce, andother identification and authenticationapplications.

NIST ITL’s Biometrics and SmartCards program is supporting thebiometric and smart card industries andusers by expanding ITL’s role to newand challenging research anddevelopment (R&D), testing, standardsand implementation efforts. Theseefforts include biometrics R&D,metrology and standards, biometricsand smart card integration, and thedevelopment of biometrics and smartcards experimental applications. NISThas a role in measurements andstandards for Electronic Commerce.Through ITL’s Biometrics and SmartCards program, NIST is developing abiometric interface for electroniccommerce. NIST is working with thebiometrics industry on the developmentof the required biometric standards thatwill assure biometrics applicationdevelopers, service providers, and usersthat the required interoperablebiometric solutions will be available.

NSA conducts one of the U.S.Government’s leading research anddevelopment programs. Some of theAgency’s R&D projects havesignificantly advanced the state of theart in the scientific and business words.NSA’s early interest in cryptanalyticresearch led to the first large-scalecomputer and the first solid-statecomputer, predecessors to the moderncomputer. NSA pioneered efforts inflexible storage capabilities, which ledto the development of the tape cassette.NSA also made ground-breakingdevelopments in semiconductortechnology and remains a world leaderin many technological fields. As part ofthe INFOSEC mission, NSA conductsresearch on new technologies that maybe used to protect informationtechnology systems. For several years,NSA has been researching biometrictechnologies that may be useful toprevent unauthorized access to criticalsystems.

The BC, NIST/ITL and NSA(INFOSEC) co-sponsor, organize, andparticipate in technical research andother industry/user’s technical activitiesas required. Some of year 2000 effortsinclude:

• The development of a CommonBiometric Exchange File Format(CBEFF)



• Co-sponsorship of a Bio API Usersand Developers Seminar

• Co-sponsorship of a DoD PKI TargetClass 4 Token Security RequirementsWorkshop

• Co-sponsorship of BioAPIConsortium meetings

The BC, NIST/ITL, and NSA(INFOSEC) are also supporting othergovernment organizations and the entirecommunity. They are currently advisorsand working in collaboration with theBiometrics Management Office(operated by the U.S. Department of theArmy), the GSA’s Office of Smart CardInitiatives and UK’s Biometrics WorkingGroup. The BC co-chairs have recentlyprovided testimony on biometrics to theCommission on Child Online Protection(COPA).

Dated: August 21, 2000.Karen H. Brown,Deputy Director, NIST.[FR Doc. 00–21775 Filed 8–24–00; 8:45 am]BILLING CODE 3510–13–M



[Docket No. 000616180–0180–01]

RIN: 0648–ZA91

NOAA Climate and Global ChangeProgram, Program Announcement

AGENCY: Office of Global Programs,Office of Oceanic and AtmosphericResearch, National Oceanic andAtmospheric Administration,Commerce.ACTION: Notice.

SUMMARY: The Climate and GlobalChange Program represents a NationalOceanic and AtmosphericAdministration (NOAA) contribution toevolving national and internationalprograms designed to improve ourability to observe, understand, predict,and respond to changes in the globalenvironment. This program builds onNOAA’s mission requirements andlongstanding capabilities in globalchange research and prediction. TheNOAA Program is a key contributingelement of the U.S. Global ChangeResearch Program (USGCRP), which iscoordinated by the interagencyCommittee on Environmental andNatural Resources. NOAA’s program isdesigned to complement other agencycontributions to that national effort.DATES: Unless otherwise noted, strictdeadlines for submission to the FY 2001process are: Letters of intent must bereceived at the Office of Global

Programs (OGP) no later than September24, 2000. Applicants who have notreceived a response to their letter ofintent within four weeks should contactthe Program Manager. Full proposalsmust be received at OGP no later thanNovember 30, 2000. The time fromreceipt of proposals to grant awardvaries by program area. We anticipatethat review of full proposals will occurduring January 2001 through March2001, and funding should begin duringlate spring of 2001 for most approvedprojects. Applicants should be notifiedof their status within six months. May1, 2001, should be used as the proposedstart date on proposals, unless otherwisedirected by the appropriate ProgramManager. All proposals must besubmitted in accordance with theguidelines below. Failure to heed theseguidelines may result in proposals beingreturned without review.ADDRESSES: Letters of Intent andProposals should be submitted to: Officeof Global Programs; National Oceanicand Atmospheric Administration; 1100Wayne Avenue, Suite 1210; SilverSpring, MD 20910–5603.FOR FURTHER INFORMATION CONTACT: IrmaduPree at the above address, or at (301)427–2089 ext. 107, fax: (301) 427–2222,Internet: [email protected] INFORMATION:

1. Funding AvailabilityNOAA believes that the Climate and

Global Change Program will benefitsignificantly from a strong partnershipwith outside investigators. CurrentProgram plans assume that over 50% ofthe total resources provided throughthis announcement will supportextramural efforts, particularly thoseinvolving the broad academiccommunity. However, please be advisedthat actual funding levels will dependupon the final FY 2001 budgetappropriations. This ProgramAnnouncement is for projects to beconducted by investigators both insideand outside of NOAA, primarily over aone, two or three year period. TheNOAA Climate and Global ChangeProgram has been approved for multi-year funding up to a three year duration.The funding instrument for extramuralawards will be a grant unless it isanticipated that NOAA will besubstantially involved in theimplementation of the project, in whichcase the funding instrument should bea cooperative agreement. Examples ofsubstantial involvement may includebut are not limited to proposals forcollaboration between NOAA or NOAAscientists and recipient scientist ortechnician and/or contemplation by

NOAA of detailing Federal personnel towork on proposed projects. NOAA willmake decisions regarding the use of acooperative agreement on a case-by-casebasis. Funding for contractualarrangements for services and productsfor delivery to NOAA is not availableunder this announcement. Matchingshare is not required by this program.

2. Program Authority49 U.S.C. 44720(b); 33 U.S.C. 883d; 15

U.S.C. 2904; 15 U.S.C. 2931 et seq.;(CFDA No. 11.431)—Climate andAtmospheric Research.

3. Program ObjectivesThe long term objective of the Climate

and Global Change Program is toprovide reliable predictions of climatevariability and change with associatedregional implications on time scalesranging from seasons to a century ormore. NOAA believes that climatevariability across these time scales canbe modeled with an acceptableprobability of success and are the mostrelevant for fundamental socialconcerns. Predicting the behavior of thecoupled ocean-atmosphere-land surfacesystem will be NOAA’s primarycontribution to a successful nationaleffort to deal with observed oranticipated changes in the globalenvironment. NOAA has a range ofunique facilities and capabilities thatcan be applied to Climate and GlobalChange investigations. Proposals thatseek to exploit these resources incollaborative efforts between NOAA andextramural investigators are encouraged.

4. Program PrioritiesIn FY 2001, NOAA will give priority

attention to individual proposals in theMain Program Elements listed below.The names, affiliations and phonenumbers of relevant Climate and GlobalChange Program Managers are provided.Funding for some programs may belimited to ongoing projects or may beused to fund projects proposed in FY2000 that were unable to be funded dueto budgetary circumstances. Prospectiveapplicants should communicate withProgram Managers for information onpriorities within program elements andprospects for funding.

(A) Aerosols: This program elementfocuses on field measurements andmodeling of aerosol properties anddistributions, with an emphasis onimproving the predictive understandingof the role of aerosols in climate forcing.Due to budgetary limitations, fundingmay not be available for new grants inFY 2001; prospective investigators areurged to check the Climate & GlobalChange Program web page for current



funding status and priorities prior tosubmitting letters or proposals. Forfurther information please contact JoelM. Levy, NOAA/Office of GlobalPrograms, 301–427–2089 ext. 111,Internet: [email protected].

(B) Atmospheric Chemistry: TheAtmospheric Chemistry Project focuseson global monitoring, process-orientedlaboratory and field studies, andtheoretical modeling to improve thepredictive understanding of theatmospheric trace species that influencethe earth’s chemical and radiativebalance and the variation of theconcentration of these trace speciesregionally and seasonally. For aninformation sheet containing furtherdetails and current priorities, pleasecontact: Joel M. Levy, NOAA/Office ofGlobal Programs, 301–427–2089 ext.111, Internet: [email protected]; orFred C. Fehsenfeld, NOAA/AeronomyLaboratory, Boulder, CO, 303–497–5819,Internet: [email protected].

(C) Climate and Societal Interactions(CSI): Research on Vulnerability,Opportunities, and Response Options.Variability, change, and surprise resultsfrom a wide variety of climatological,social, economic and ecologicalcircumstances and interactions. Thepurpose of this program is to increaseunderstanding of the impacts of climatevariability and change as conditioned byongoing processes of decision-makingand socio-economic transformation. Thesuite of efforts is intended to furtherresearch-based integration betweenstudies of the whole of the climatesystem, including human components,such as health, and evolvinginformational and educational needs ofdecision-makers in climate sensitivesectors around the world. The goal is toprovide the basis for more effectiveapplication of climate information,including climate forecasts, for purposesof adaptation. The intent of this programis to encourage overlapping researchapproaches to integrate knowledge forproblem solving. The CSI is a chapeaufor a suite of activities; prospectiveapplicants must apply to one of thefollowing program elements:

Human Dimensions of Global ChangeResearch (HDGCR): The HumanDimensions of Global Change Researchprogram is aimed at understanding howsocial and economic systems arecurrently influenced by fluctuations inclimate, and how human behavior canbe (or why it may not be) affected basedon information about variability in theclimate system. Because of expectedbudget constraints, this program willnot accept new applications for projects;only renewal and continuationapplications will be considered. For

more information and an informationsheet on general program objectives,contact: Caitlin Simpson, NOAA/Officeof Global Programs, 301–427–2089 ext.152, Internet: [email protected].

A joint interagency announcement isanticipated on Climate and Health. (Formore information on this futureannouncement contact Juli Trtanj,NOAA/Office of Global Programs, 301–427–2089 ext. 134, Internet:[email protected].)

Regional Integrated Sciences andAssessments: This Program Element wasformerly titled Regional Assessments.NOAA’s present program of RegionalIntegrated Sciences and Assessmentspossesses three distinct qualities: (1)Interdisciplinarity, integration andsynthesis; (2) Bridging the gap betweenclimatic, environmental and societalinteractions on different temporal andspatial scales; and (3) Decision supportand services. It requires innovativepartnerships among a spectrum ofinterests (Federal, State, local andprivate) to enable regionalorganizational capacity to developaccurate (i.e., identifying risks,uncertainties, and/or indeterminacies),balanced syntheses and services on anongoing basis. As such, the programrelies heavily on consolidating theresults and data from ongoing NOAA–OGP disciplinary program elements,already funded in a region, into anintegrated framework. This program willnot accept applications to initiate newactivities, but will accept renewalapplications for ongoing efforts or aspart of ongoing negotiations. For moreinformation and a detailed informationsheet, contact: Roger Pulwarty, NOAA/Office of Global Programs, 301–427–2089 ext. 103, Internet:[email protected].

(D) Climate Change Data andDetection: The scientific goals of thiselement include efforts to: (1) Providedata and information managementsupport activities needed to assure theavailability of critical data sets from avariety of national and internationalprograms of primary interest to NOAA’sClimate and Global Change Program,e.g., the CLIVAR (Climate Variabilityand Predictability) Program, GEWEX(Global Energy & Water CycleExperiment), GCOS (Global ClimateObserving System), National andInternational Assessments, etc.; (2)provide data and informationmanagement support related to crosscutting science efforts necessary toassess seasonal, interannual, decadal,and longer climate variations andchanges; (3) document the quantitativecharacter of observed climate variationsand changes; and (4) attribute changes

in the observed climate record tospecific climate forcings.

NOAA/NASA Jointly SponsoredProject: A number of new starts areanticipated within the NOAA/NationalAeronautics and Space Administration(NASA) co-sponsored project thatsupports research in the areas of datafusion and enhancement of climate datasets through the use of space and/orground based observations. Preferencewill be given to those proposals that usemore than one observing system todevelop a blended data set.

‘‘NOAA/DOE Jointly SponsoredProject: The NOAAA/Department ofEnergy (DOE) co-sponsored projectaddresses all aspects of Climate ChangeDetection and Attribution. One- andtwo-year proposals are specificallyencouraged.’’

Additional details on the jointlysponsored projects are provided on thesupplementary fact sheet included inthe Program Announcement mailing(additional copies of the supplementaryfact sheet can be obtained from IrmaduPree at the Office of GlobalPrograms). For further informationcontact: Bill Murray, NOAA/GlobalPrograms, 301–427–2089 ext. 133,Internet: [email protected]; ChrisMiller, NOAA/Global Programs, 301–427–2089 ext. 143, Internet:[email protected]; Martha Maiden,NASA/Headquarters, 202/358–1078,Internet: [email protected]; or RickPetty, DOE/Environmental SciencesDivision, Germantown, MD; 301–903-5548, Internet: [email protected].

(E) Climate Dynamics andExperimental Prediction: ClimateDynamics and ExperimentalPrediction—This program will notaccept applications to initiate centers atnew institutions, but will acceptrenewal applications for ongoing effortsor as part of ongoing negotiations.Qualified applications for this programmay be submitted throughout the year.For further information, contact PhilArkin, NOAA/Global Programs, Silverspring, MD; telephone: 301–427–2089ext. 116, Internet: [email protected].

(F) Climate Variability andPredictability (CLIVAR): CLIVARfocuses on the role of the coupled oceanand atmosphere within the overallclimate system, with emphasis onvariability, especially within the oceans,on seasonal to centennial time scales.CLIVAR intends to explorepredictability and how to improvepredictions of climate variability andclimate change using existing,reanalyzed, and new globalobservations, enhanced coupled ocean-atmosphere-land-ice models andpaleoclimate records. A separate



program announcement for CLIVAR willbe issued later this year invitingproposals for CLIVAR Atlantic, CLIVARPacific (formerly GOALS), and CLIVARPACS. Investigators interested in theseprogram areas are encouraged torespond to this later announcement. Forfurther information on the Atlantic,please contact James Todd, NOAA/Global Programs, 301/427–2089 ext.139, Internet: [email protected]. Forthe Pacific and PACS efforts, pleasecontact, Michael Patterson, NOAA/Global Programs, 301–427–2089 ext.102, Internet: [email protected].

(G) Economics and HumanDimensions of Climate Fluctuations:Please see Climate and SocietalInteractions (CSI) above.

(H) GEWEX Continental-ScaleInternational Project (GCIP) istransitioning into GAPP (GEWEXAmerica Prediction Project) during thisfiscal year. Details about GAPP areavailable in a GAPP prospectus anddraft Science Plan and ImplementationStrategy that are available from theGAPP program manager. Initiatives aresolicited that will facilitate theimplementation of this new program. Inaddition to continuing its focus on theMississippi River Basin, GAPP is alsointerested in initiatives in the semi-aridsouthwestern US and on the pacificcoast. In particular, new initiatives aresolicited in the following areas:

(1) land memory processes: GAPP isinterested in determining thecontributions of the following processesto predictability at seasonal time scales:soil moisture, orography (including itsinteraction with the Great Plains lowlevel jet), vegetation and snow cover. Itis anticipated that these issues will beaddressed through a combination ofmodeling and diagnostic studies.

(2) model transferability studies andenriched data collection activities thatsupport the US contribution to theCoordinated Enhanced ObservingPeriod (CEOP). The target basins fortransferability studies include otherContinental Scale Experiment areas aswell as the Saskatchewan and Rio delPlata River Basins. CEOP-related studiesthat facilitate the enhanced use ofremote sensing data for land surfacemodeling and precipitation are alsowelcome.

(3) scientific investigations aimed atovercoming limitations to the use ofclimate forecasts in the management ofwater resources (e.g., issues such asdownscaling, probabilistic forecasts,etc.)

Projects approved in this call will befunded by both NOAA and NASA. It isanticipated that either in FY2001 orFY2002 another joint PACS/GAPP call

dealing with the monsoonal aspects ofGAPP will be issued. For more detailsregarding GAPP, please see the draftScience Plan at http://www.ogp.noaa.gov/mpe/gcip/index.htm. Questions regarding this callshould be directed to Rick Lawford [email protected] or (301)–427–2089 Ext. 146.

(I) Global Carbon Cycle (GCC): GCCfocuses on global observations, process-oriented field studies and modeling toimprove our ability to predict the fate ofanthropogenic carbon dioxide (CO2),and future atmospheric CO2

concentrations. Due to budgetarylimitations, funding is not expected tobe available for new applications in FY2001; however, prospectiveinvestigators should check the GlobalCarbon Cycle web page (see below) forcurrent funding priorities. For aninformation sheet containing furtherdetails and the current priorities, pleasecontact Lisa Dilling, NOAA/Office ofGlobal Programs, 301–427–2089 ext.106, Internet: [email protected] orsee the web at: http://www.ogp.noaa.gov/mpe/gcc/index.html

(J) Global Ocean—Atmosphere—LandSystem (GOALS): Please see ClimateVariability and Predictability (CLIVAR)above.

(K)—Pan-American Climate Studies(PACS): Please see Climate Variabilityand Predictability (CLIVAR) above.

(L) Ocean-Atmosphere CarbonExchange Study (OACES): Please seeGlobal Carbon Cycle (GCC) above.

(M) Paleoclimatology: The NOAAPaleoclimatology Program will entertainproposals that support the joint WCRPCLIVAR/IGBP PAGES ResearchInitiative. This initiative is jointlysupport by NOAA and the NationalScience Foundation (NSF) through theEarth System History (ESH) Program atNSF. All proposals must be submitted tothe NSF/ESH Program by February 14each year. For more information, pleasecontact Mark Eakin, NOAA/NationalGeophysical Data Center, Boulder, CO;303–497–6172, Internet:[email protected]; Ken Mooney,NOAA/Global Programs, Silver Spring,MD; 301–427–2089 ext. 104, Internet:[email protected]; Richard Poore,NSF Ocean Sciences Division (OCE)Program, Arlington, VA; 703–306–1586,Internet: [email protected], or SteveColman, NSF Atmospheric SciencesDivision (ATM) Program, Arlington, VA;703–306–1527, Internet:[email protected]. Please visit http://www.ngdc.noaa.gov/paleo/extramural.html for more informationon the program or http://www.nsf.gov/pubs/2000/nsf0011/nsf0011.html for theESH announcement.

5. EligibilityExtramural eligibility is not limited

and is encouraged with the objective ofdeveloping a strong partnership withthe academic community. Universities,nonprofit organizations, for-profitorganizations, State and localgovernments, and Indian Tribes, areincluded among entities eligible forfunding under this announcement.

Since non-NOAA Federal agencieswill be funded through an interagencytransfer, a non-NOAA Federal applicantshould state in the application whatlegal basis exists for them to receivefunds in excess of its appropriation fromanother Federal agency.

6. Letters of Intent (LOI)The purpose of the LOI process is to

provide information to potentialapplicants on the relevance of theirproposed project to the Climate andGlobal Program in advance of preparinga full proposal. Full proposals will beencouraged only for LOIs deemedrelevant by Program Management,therefore, it is in the best interest of theapplicants and their institutions tosubmit an LOI; however, it is not arequirement. The LOI should provide aconcise description of the proposedwork and its relevance to the targetedprogram element. The LOI must includethe components listed below. If thesecomponents are not included, the LOIrisks a delayed response and may not beconsidered by the program manager. (A)Investigators must identify the programelement that is being targeted in theLOI. (B) Investigators must specify atentative project title in the LOI. (C)LOIs must include the name andinstitution of all principalinvestigator(s), and specify whichindividual is the Lead principalinvestigator. (D) LOIs should be no morethan two pages in length and mustinclude a statement of the problem, briefsummary of work to be completed,methodology to be used, andapproximate cost of the project.Facsimile and electronic mail areacceptable for LOIs only.

7. Evaluation CriteriaConsideration for financial assistance

will be given to those proposals thataddress one of the Program Elementslisted and meet the following evaluationcriteria:

(A) Scientific Merit: Intrinsicscientific value of the subject and thestudy proposed, including methodologyand readiness.

(B) Relevance: Importance andrelevance to the goals of the selectedProgram Element(s). (See ProgramObjectives above)



8. Selection Procedures

Proposals, including those submittedby NOAA employees, will be evaluatedin accordance with the above evaluationcriteria by (A) independent peer mailreview, and/or (B) independent peerpanel review, and a rating will becalculated based on these evaluations;both NOAA and non-NOAA experts inthe field may be used in this process.The Program Manager will not be avoting member of an independent peerpanel. The recommendations andevaluations of the panel members willbe considered by the Program Managerin final selections. Proposals are usuallyawarded in the numerical order they areranked based on the independent peermail review or the independent peerpanel review. However, the ProgramManager will ascertain which proposalsdo not substantially duplicate otherprojects that are currently funded byNOAA or are approved for funding byother federal agencies, and fall withinremaining funds available.Unsatisfactory performance by arecipient under prior Federal awardsmay result in an application not beingconsidered for funding. As a result ofthis review, the Program Manager maydecide to select an award out of order.The Program Manager will alsodetermine the total duration of fundingand the amount of funding for eachselected proposal. Pursuant to ExecutiveOrders 12876, 12900, and 13021, theDepartment of Commerce, NationalOceanic and AtmosphericAdministration (DOC/NOAA) isstrongly committed to broadening theparticipation of Historically BlackColleges and Universities (HBCU),Hispanic Serving Institutions (HIS), andTribal Colleges and Universities (TCU)in its educational and researchprograms. The DOC/NOAA vision,mission, and goals are to achieve fullparticipation by Minority ServingInstitutions (MSI) in order to advancethe development of human potential, tostrengthen the nation’s capacity toprovide high-quality education, and toincrease opportunities for MSIs toparticipate in and benefit from FederalFinancial Assistance programs. DOC/NOAA encourages all applicants toinclude meaningful participation ofMSIs. Institutions eligible to beconsidered MSIs are listed at thefollowing Internet website: http://www.ed.gov/offices/OCR/99minin.html.

9. Proposal Submission

The following forms are required ineach application, with originalsignatures on each federal form. Failure

to comply will result in proposalapplication being returned.

(A) Full Proposals: (1) Proposalssubmitted to the NOAA Climate andGlobal Change Program must includethe original and two unbound copies ofthe proposal. (2) Investigators arerequired to submit 3 copies of theproposal, however, the normal reviewprocess requires 20 copies. For anoptimal review, investigators areencouraged to submit sufficientproposal copies, especially color orunusually sized (not 8.5″ × 11″), orotherwise unusual materials submittedas part of the proposal. Only threeoriginal copies of the Federally-requiredforms are needed. (3) Proposals must belimited to 30 pages (numbered),including budget, investigators vitae,and all appendices, and should belimited to funding requests for one tothree year duration. Appendedinformation may not be used tocircumvent the page length limit.Federally-mandated forms are notincluded within the page count. (4)Proposals should be sent to the NOAAOffice of Global Programs at the aboveaddress. (5) Facsimile transmissions andelectronic mail submission of fullproposals will not be accepted.

(B) Required Elements: All proposalsmust include the following elements: (1)Signed title page: The title page shouldbe signed by the Principal Investigator(PI) and the institutional representativeand should clearly indicate whichprogram element is being addressed. Ifmore than one investigator is listed onthe title page, please identify the leadinvestigator. The PI and institutionalrepresentative should be identified byfull name, title, organization, telephonenumber and address. The total amountof Federal funds being requested shouldbe listed for each budget period. (2)Abstract: An abstract must be includedand should contain an introduction ofthe problem, rationale and a briefsummary of work to be completed. Theabstract should appear on a separatepage, headed with the proposal title,institution(s), investigator(s), totalproposed cost and budget period. (3)Results from prior research: The resultsof each prior research project (duringthe last 3 years) relevant to the proposedeffort should be summarized in briefparagraphs. This section should notexceed two pages. (4) Statement ofwork: The proposed project must becompletely described, includingidentification of the problem, scientificobjectives, proposed methodology,relevance to the goal of the Climate andGlobal Change Program, and theprogram priorities listed above. Benefitsof the proposed project to the general

public and the scientific communityshould be discussed. The statement ofwork, including references butexcluding figures and other visualmaterials, must not exceed 15 pages oftext. Investigators wishing to submitgroup proposals that exceed the 15 pagelimit should discuss this possibilitywith the appropriate Program Managerprior to submission. Proposals from 3 ormore investigators may include astatement of work containing up to 15pages of overall project description plusup to 5 additional pages for individualproject descriptions. (5) BudgetJustification: A brief description of theexpenses listed on the budget and howthey address the proposed work. Itemjustifications must include salaries,equipment, publications, supplies,tuition, travel, etc. (6) Budget: Theproposal must include total and annualitemized budgets corresponding withthe descriptions provided in thestatement of work. Non-FederalApplicants must submit a StandardForm 424 (4–92) ‘‘Application forFederal Assistance,’’ including adetailed budget using the StandardForm 424a (4–92), ‘‘BudgetInformation—Non-ConstructionPrograms.’’ Travel must be itemized toinclude destination, airfare, per diem,lodging and ground travel. The form isincluded in the standard NOAAapplication kit. (7) Vitae: Abbreviatedcurriculum vitae are sought with eachproposal. Reference lists should belimited to all publications in the lastthree years with up to five otherrelevant papers. (8) Current andpending support: For each investigator,submit a list that includes project title,supporting agency with grant number,investigator months per year, dollarvalue and duration. Requested valuesshould be listed for pending support.

(C) Other requirements: Applicantsmay obtain a standard NOAAapplication kit from Internet:http://www.ogp.noaa.gov/.

10. Primary Applicant Certification

All primary applicants must submit acompleted Form CD–511, ‘‘CertificationRegarding Debarment, Suspension andOther Responsibility Matters; Drug-FreeWorkplace Requirements andLobbying’’. Applicants are also herebynotified of the following:

(A) Nonprocurement Debarment andSuspension: Prospective participants (asdefined at 15 CFR Part 26, section 105)are subject to 15 CFR Part 26,‘‘Nonprocurement Debarment andSuspension,’’ and the related section ofthe certification form prescribed aboveapplies;



(B) Drug Free Workplace: Grantees (asdefined at 15 CFR part 26, section 605)are subject to 15 CFR Part 26, SubpartF, ‘‘Governmentwide Requirements forDrug-Free Workplace (Grants)’’ and therelated section of the certification fromprescribed above applies;

(C) Anti-Lobbying: Persons (as definedat 15 CFR Part 28, section 105) aresubject to the lobbying provisions of 31U.S.C. 1352, ‘‘Limitation on use ofappropriated funds to influence certainFederal contracting and financialtransactions,’’ and the lobbying sectionof the certification form prescribedabove applies to applications/bids forgrants cooperative agreements, andcontracts for more than $100,000, andloans and loan guarantees for more than$150,000, or the single family maximummortgage limit for affected programs,whichever is greater; and

(D) Anti-Lobbying Disclosures: Anyapplicant that has paid or will pay forlobbying using any funds must submitan SF–LLL, ‘‘Disclosure of LobbyingActivities,’’ as required under 15 CFRpart 28, appendix B.

11. Lower Tier Certifications(A) Recipients must require

applicants/bidders for subgrants,contracts, subcontracts, or lower tiercovered transactions at any tier underthe award to submit, if applicable, acompleted Form CD–512,‘‘Certifications Regarding Debarment,Suspension, Ineligibility and VoluntaryExclusion-Lower Tier CoveredTransactions and Lobbying’’ anddisclosure form SF–LLL, ‘‘Disclosure ofLobbying Activities.’’ Form CD–512 isintended for the use of recipients andshould not be transmitted to DOC. SF–LLL submitted by any tier recipient orsubrecipient should be submitted toDOC in accordance with theinstructions contained in the awarddocument.

(B) Recipients and subrecipients aresubject to all applicable Federal lawsand Federal and Department ofCommerce policies, regulations, andprocedures applicable to Federalfinancial assistance awards.

(C) Preaward Activities—If applicantsincur any costs prior to an award beingmade, they do so solely at their own riskof not being reimbursed by theGovernment. Notwithstanding anyverbal assurance that may have beenreceived, there is no obligation to theapplicant on the part of Department ofCommerce to cover pre-award costs.

(D) Financial assistance recipientsfunded by this program are subject tothe applicable administrativerequirements found in 15 CFR Part 15,‘‘Uniform Administrative Requirements

for Grants and Agreements withInstitutions of Higher Education,Hospitals, and other Non-Profit andCommercial Organizations,’’ or CFR Part24, ‘‘Uniform AdministrativeRequirements for Grants andAgreements to State and LocalGovernments,’’ as applicable.Applications under this program are notsubject to Executive Order 12372,‘‘Intergovernmental Review of FederalPrograms.’’

(E) All non-profit and for-profitapplicants are subject to a name checkreview process. Name checks areintended to reveal if any key individualsassociated with the applicant have beenconvicted of, or are presently facingcriminal charges such as fraud, theft,perjury, or other matters whichsignificantly reflect on the applicant’smanagement, honesty, or financialintegrity.

(F) A false statement on anapplication is grounds for denial ortermination of funds and grounds forpossible punishment by a fine orimprisonment as provided in 18 U.S.C.1001.

(G) No award of Federal funds shallbe made to an applicant who has anoutstanding delinquent Federal debtuntil either: (i) The delinquent accountis paid in full, (ii) A negotiatedrepayment schedule is established andat least one payment is received, or (iii)Other arrangements satisfactory to theDepartment of Commerce are made.

(H) Buy American-Made Equipmentor Products—Applicants are encouragedthat any equipment or productsauthorized to be purchased withfunding provided under this program beAmerican-made to the maximum extentfeasible.

(I) The total dollar amount of theindirect costs proposed in anapplication under this program must notexceed the indirect cost rate negotiatedand approved by a cognizant Federalagency prior to the proposed effectivedate of the award or 100 percent of thetotal proposed direct cost dollar amountin the application, whichever is less.

(J) If an application is selected forfunding, the Department of Commercehas no obligation to provide anyadditional future funding in connectionwith the award. Renewal of an award toincrease funding or extend the period ofperformance is at the total discretion ofthe Department of Commerce.

(K) In accordance with Federalstatutes and regulations, no person ongrounds of race, color, age, sex, nationalorigin or disability shall be excludedfrom participation in, denied benefits of,or be subjected to discrimination underany program or activity receiving

financial assistance from the NOAAClimate and Global Change Program.The NOAA Climate and Global ChangeProgram does not have direct TDD(Telephonic Device for the Deaf)capabilities, but can be reached throughthe State of Maryland supplied TDDcontact number, 800–735–2258,between the hours of 8:00 a.m.–4:30p.m.

(L) Notwithstanding any otherprovision of law, no person is requiredto respond to nor shall a person besubject to a penalty for failure to complywith a collection of information subjectto the requirements of the PaperworkReduction Act, unless that collection ofinformation displays a current validOMB control number.

12. ClassificationThe standard forms have been

approved by the Office of Managementand Budget pursuant to the PaperworkReduction Act under OMB approvalnumber 0348–0043, 0348–0044, and0348–0046. This notice has beendetermined to be not significant forpurposes of Executive Order 12866.

Louisa Koch,Deputy Assistant Administrator.[FR Doc. 00–21703 Filed 8–24–00; 8:45 am]BILLING CODE 3510–08–M



[Docket Number: 000531160–0160–01]

RIN 0648–ZA89

Announcement of Graduate ResearchFellowships in the National EstuarineResearch Reserve System for FiscalYear 2001

AGENCY: Estuarine Reserves Division(ERD), Office of Ocean and CoastalResource Management (OCRM),National Ocean Service (NOS), NationalOceanic and AtmosphericAdministration (NOAA), Department ofCommerce (DOC).ACTION: Notice.

SUMMARY: The Estuarine ReservesDivision (ERD) of the Office of Oceanand Coastal Resource Management issoliciting applications for graduatefellowship funding within the NationalEstuarine Research Reserve System.This notice sets forth funding priorities,selection criteria, and applicationprocedures.

The National Estuarine ResearchReserve System of the National Oceanicand Atmospheric Administration



(NOAA) announces the availability ofGraduate Research Fellowships. ERDanticipates that 30 Graduate ResearchFellowships will be competitivelyawarded to qualified graduate studentswhose research occurs within theboundaries of at least one Reserve.Minority students are encouraged toapply. Fellowships will start no earlierthan June 1, 2001.DATES: Applications must bepostmarked no later than November 1,2000. Notification regarding theawarding of fellowships will be issuedon or about March 1, 2001.ADDRESSES: Erica Seiden, ProgramSpecialist, NOAA/Estuarine ReservesDivision, 1305 East-West Highway, N/ORM5, SSMC4, 11th Floor, SilverSpring, MD 20910, Attn: FY00 NERRSResearch. Phone: 301–713–3132 ext. 172Fax: 301–713–4363, internet:[email protected]. Web page: http://www.ocrm.nos.noaa.gov/nerr/fellow.html. See Appendix I forNational Estuarine Research Reserveaddresses.FOR FURTHER INFORMATION CONTACT: Forfurther information on specific researchopportunities at National EstuarineResearch Reserve sites, contact the sitestaff listed in Appendix I or the programspecialist listed in the ADDRESSESsection above. For applicationinformation, contact Erica Seiden of theEstuarine Reserves Division (seeADDRESSES above).SUPPLEMENTARY INFORMATION:

I. Authority and BackgroundSection 315 of the Coastal Zone

Management Act of 1972, as amended(CZMA), 16 U.S.C. 1461, establishes theNational Estuarine Research ReserveSystem (NERRS). 16 U.S.C. § 1461(e)(1)(B) authorizes the Secretary ofCommerce to make grants to any coastalstate or public or private person forpurposes of supporting research andmonitoring within a National EstuarineResearch Reserve that are consistentwith the research guidelines developedunder subsection (c). This program islisted in the Catalog of Federal DomesticAssistance (CFDA) under ‘‘Coastal ZoneManagement Estuarine ResearchReserves,’’ Number 11.420.

II. Information on Established NationalEstuarine Research Reserves

The NERRS consists of estuarine areasof the United States and its territorieswhich are designated and managed forresearch and educational purposes.Each National Estuarine ResearchReserve (Reserve) within the NERRS ischosen to reflect regional differencesand to include a variety of ecosystem

types in accordance with theclassification scheme of the nationalprogram as presented in 15 CFR part921.

Each Reserve supports a wide range ofbeneficial uses of ecological, economic,recreational, and aesthetic values whichare dependent upon the maintenance ofa healthy ecosystem. The sites providehabitats for a wide range of ecologicallyand commercially important species offish, shellfish, birds, and other aquaticand terrestrial wildlife. Each Reservehas been designed to ensure itseffectiveness as a conservation unit andas a site for long-term research andmonitoring. As part of a nationalsystem, the Reserves collectivelyprovide an excellent opportunity toaddress research questions andestuarine management issues of nationalsignificance. For a detailed descriptionof the sites, contact the individual sitestaff or refer to the NERR internet Website provided in the Addresses section.

III. Availability of Funds

Funds are expected to be available ona competitive basis to qualified graduatestudents for research within NationalEstuarine Research Reserves leading toa graduate degree. No more than twofellowships at any one site will befunded at any one time; based uponfellowships awarded in the 2000funding cycle, we anticipate 30openings for Fellowships in FY01.Fellowships are expected to be availableat the following sites:

NERR Site Fellowships

Ashepoo Combahee EdistoBasin, SC .............................. 2

Chesapeake Bay, MD .............. 1Chesapeake Bay, VA ............... 2Delaware ................................... 1Grand Bay, MS ......................... 1Great Bay, NH .......................... 1Guana Tolomato Matanzas, FL 2Hudson River, NY ..................... 2Jacques Cousteau-Mullica

River, NJ ............................... 1Jobos Bay, PR .......................... 1Kachemak Bay, AK .................. 2Narragansett Bay, RI ................ 1North Carolina .......................... 1North Inlet-Winyah Bay, SC ..... 2Old Woman Creek, OH ............ 1Rookery Bay, FL ....................... 2Sapelo Island, GA .................... 1South Slough, OR .................... 2Tijuana River, CA ..................... 2Weeks Bay, AL ......................... 1Wells, ME ................................. 1

Because NOAA is an active partner inNERRS research, funds will be awardedthrough a cooperative agreement. NOAAmay be involved in the award in thefollowing manner:

The Estuarine Reserves Division (ERD),Office of Ocean and Coastal ResourceManagement, reserves the right toimmediately halt activity under this award ifit becomes obvious that award activities arenot fulfilling the mission of the NationalEstuarine Research Reserve System. Whileday-to-day management is the responsibilityof the recipient, frequent guidance anddirection is provided by the FederalGovernment for the successful conduct ofthis award. Non-compliance with a Federallyapproved project may result in immediatehalting of the award.

ERD generally will review and approveeach stage of work annually before the nextbegins to assure that studies will produceviable information on which to form validcoastal management decisions.

All staff at NERRS sites are ineligibleto submit an application for afellowship under this Announcement.Federal funds requested must bematched by the applicant by at least30% of the TOTAL cost, not the Federalshare, of the project. It is anticipatedthat fellowships receiving fundingunder this announcement will begin noearlier than June 1, 2001.

IV. Purpose and Priorities

NERR Research funds are provided tosupport management-related researchprojects that will enhance scientificunderstanding of the Reserve ecosystem,provide information needed by Reservemanagement and coastal managementdecision-makers, and improve publicawareness and understanding ofestuarine ecosystems and estuarinemanagement issues (15 CFR § 921.50).

The NERR Graduate ResearchFellowship program is designed to fundhigh quality research focused onenhancing coastal zone managementwhile providing students with anopportunity to contribute to the researchor monitoring program at a particularReserve site.

Research projects proposed inresponse to this announcement must: (1)Address coastal management issuesidentified as having local, regional, ornational significance, described in the‘‘Scientific Areas of Support’’ below;and (2) be conducted within one ormore designated NERR sites. Funding($16,500 per year) is intended toprovide any combination of researchsupport, salary, tuition, supplies, orother costs as needed, includingoverhead. Fellows will be expected toparticipate in the Reserve’s research ormonitoring program for up to amaximum of 15 hours per week. Thework plan should be devisedcooperatively with the Reserve’sResearch Coordinator. Fellowsconducting multi-site projects mayfulfill this requirement at one or a



combination of sites but for no morethan a total of 15 hours per week. Thisprogram may occur throughout theacademic year or may be concentratedduring a specific season.

Scientific Areas of Support

The NERRS program has identifiedthe following as areas of nationallysignificant research interest. Proposedresearch projects submitted in responseto this announcement must address oneof the following topics (see #1 above):

• The effects of non-point sourcepollution on estuarine ecosystems;

• Evaluative criteria and/or methodsfor estuarine ecosystem restoration;

• The importance of biodiversity andeffects of invasive species on estuarineecosystems;

• Mechanisms for sustainingresources within estuarine ecosystems;or

• Socioeconomic research applicableto estuarine ecosystem management.

Each NERR has local issues ofconcern that fall within one of thetopics above. Applicants are responsiblefor contacting the NERR site of interestto determine if their proposed projectswould be relevant to the Reserve’s site-specific research needs.

Note: It is strongly suggested thatapplicants contact the host Reserve (seeAppendix I) for general information about theReserve and its research needs and prioritiesas they relate to this announcement.

V. Guidelines for ApplicationPreparation, Review, and ReportingRequirements

Applicants for ERD researchfellowships must follow the guidelinespresented in this announcement.Applications not adhering to theseguidelines may be returned to theapplicant without further review.

Applications for graduate fellowshipsin the NERRS are solicited annually foraward the following fiscal year.Minority students are encouraged toapply. Application due dates and otherpertinent information are contained inthis announcement of researchopportunities. Applicants must submitan original and two (2) copies of eachapplication and all supportingdocuments (curricula vitae, literaturereferenced, unofficial transcripts, etc.),excluding letters of reference whichmust come directly from their source.

Applicants may request funding forup to three years; funding for years twoand three will be made available basedon availability of funds and satisfactoryprogress of research as determined bythe Host NERR Research Staff and thestudent’s faculty advisor, inconsultation with ERD. The amount of

the award is $15,000/annum plus 10%overhead for a total of $16,500/annumwhich represents 70% of the awardtotal. Requested Federal funds must bematched by at least 30 percent of theaward total (i.e. $7,072 match for$16,500 in Federal funds for a totalproject cost of $23,572).

Applicants who are selected forfunding will be required to:

(1) Work with the ResearchCoordinator or Reserve Manager todevelop a plan to participate in theresearch or monitoring program for upto 15 hours per week; (2) submit semi-annual progress reports to ERD and thehost Reserve before the end of eachfunding cycle on the researchaccomplishments to date; and (3)acknowledge NERRS support in allrelevant scientific presentations andpublications. In addition, fellows arestrongly encouraged to publish theirresults in peer-reviewed literature andmake presentations at scientificmeetings.

A. Applications

Students admitted to or enrolled in afull-time Master’s or Doctoral programat U.S. accredited universities areeligible to apply. Students should havecompleted a majority of their coursework at the beginning of theirfellowship and have an approved thesisresearch program.

Applicants are required to submit:(1) an academic resume or a

curriculum vitae that includes allgraduate and undergraduate institutions(department or area of study, degree,and year of graduation), all publications(including undergraduate and graduatetheses), awards or fellowships, andwork/research experience;

(2) a cover letter from the applicantindicating current academic status,research interests, career goals, and howthe proposed research fits into theirdegree program, and the results ofdiscussions with host NERR staffregarding their contributions to theReserve’s research or monitoringprogram;

(3) a titled research proposal (double-spaced in a font no smaller than 12-point courier) that includes an Abstract,Introduction, Methods and Materials,Project Significance, and Bibliography;

(4) a proposed budget (see Section B,Proposal Content, below for specificguidelines);

(5) an unofficial copy of allundergraduate and graduate transcripts;

(6) a signed letter of support from theapplicant’s graduate advisor indicatingthe advisor’s contribution (financial andotherwise) to the applicant’s graduatestudies, and an assurance that the

student is in good academic standing;and

(7) two letters of recommendations(from other than the applicant’sgraduate advisor) sent directly fromtheir source.

Note: Electronically transmitted letters ofsupport are not acceptable.

One original and two (2) copies of theinformation requested above, excludingletters of reference and transcripts, mustbe submitted to the ERD ProgramSpecialist at the address in theAddresses section, postmarked no laterthan November 1, 2000. Applicationspostmarked November 2, 2000 or later,will be returned without review. Receiptof all applications will be acknowledgedand a copy sent to the appropriateReserve staff.

B. Proposal Content

The research proposal should containthe sections described below.

1. Title Page. The title page mustinclude:

• name, address, telephone number,fax number, and email address ofapplicant;

• project title;• amount of funding requested;• name of graduate institution;• name of institution providing

matching funds and amount of matchingfunds;

• name, address, telephone number,fax number & email address of facultyadvisor;

• NERR site where research is to beconducted; and

• number of years of requestedsupport.

If it is a multi-site project, the titlepage must indicate which Reserve willbe the primary contact (‘‘host Reserve’’).

2. Abstract. The abstract should statethe research objectives, scientificmethods to be used, and the significanceof the project to a particular Reserve andthe NERRS program. The abstract mustbe limited to one double-spaced page.

3. Project Description. The projectdescription must be limited to 6 double-spaced pages excluding figures. Themain body of the proposal should be adetailed statement of the work to beundertaken and include the followingcomponents:

(a) Introduction. This section shouldintroduce the research setting andenvironment. It should include a briefreview of pertinent literature anddescribe the research problem inrelation to relevant coastal managementissues and the research priorities. Thissection should also present the primaryhypothesis upon which the project isfocused, as well as any additional or



component hypotheses which will beaddressed by the research project.

(b) Methods. This section should statethe method(s) to be used to accomplishthe specific research objectives,including a systematic discussion ofwhat, when, where, and how the dataare to be collected, analyzed, andreported. Field and laboratory methodsshould be scientifically valid andreliable and accompanied by astatistically sound sampling scheme.Methods chosen should be justified andcompared with other methods employedfor similar work.

Techniques should allow the testingof the hypotheses, but also providebaseline data related to ecological andmanagement questions concerning theReserve environment. Methods shouldbe described concisely and techniquesshould be reliable enough to allowcomparison with those made at differentsites and times by differentinvestigators. The methods must haveproven their utility and sensitivity asindicators for natural or human-inducedchange.

Analytical methods and statisticaltests applied to the data should bedocumented, thus providing a rationalefor choosing one set of methods overalternatives. Quality control measuresalso should be documented (e.g.,statistical confidence levels, standardsof reference, performance requirements,internal evaluation criteria). Theproposal should indicate by way ofdiscussion how data are to besynthesized, interpreted and integratedinto final work products.

A map clearly showing the studylocation and any other features ofinterest must be included; a U.S.Geological Survey topographic map, oran equivalent, is suggested for thispurpose. Consultation with Reservepersonnel to identify existing maps isstrongly recommended.

(c) Project Significance. This sectionshould provide a clear discussion ofhow the proposed research addressesstate and national estuarine and coastalresource management issues and howthe proposed research effort willenhance or contribute to improving thestate of knowledge of the estuary; i.e.,why is the proposed research importantand how will the results contribute tocoastal resource management? Thissection must also discuss the relation ofthe proposed research to the researchpriorities stated in Section IV.Applicability of research findings toother NERRS and coastal areas shouldalso be mentioned. In addition, if theproposed research is part of a largerresearch project, the relationshipbetween the two should be described.

4. Milestone Schedule. A milestoneschedule is required. This scheduleshould show, in table form, anticipateddates for completing field work and datacollection, data analysis, progressreports, the final technical report andother related activities. Use ‘‘Month 1,Month 2,’’ rather than June, July, etc., inpreparing these charts.

5. Personnel and Project Management.The proposal must include a descriptionof how the project will be managed,including the name and expertise offaculty advisors and other teammembers. Evidence of ability tosuccessfully complete the proposedresearch should be supported byreference to similar efforts performed.

6. Literature Cited. This sectionshould provide complete references forcurrent literature, research, and otherappropriate published and unpublisheddocuments cited in the text of theproposal.

7. Budget. The amount of Federalfunds requested must be matched by theapplicant by at least 30% of the totalproject cost (i.e., $7,072 match for$16,500 in Federal funds for a totalproject cost of $23,572). Cash or thevalue of goods and services (exceptland) directly benefitting the researchproject may be used to satisfy thematching requirements. Overhead costsfor these awards are limited to $1,500 ofthe Federal share (i.e., $15,000 forproject and $1,500 for overhead) andwaived overhead costs may also be usedas match. Funds from other Federalagencies and NERRS staff salariessupported by Federal funds may not beused as match. Requirements for thenon-Federal share are contained in 15CFR Part 14, Uniform administrativerequirements for grants and agreementswith institutions of higher education,hospitals, other nonprofit andcommercial organizations. ERD stronglysuggests that the applicant work withtheir institution’s research office todevelop their budget (see section D,below).

The applicant may request fundsunder any of the categories listed belowas long as the costs are reasonable andnecessary to perform research. Thebudget should contain itemized costswith appropriate narratives justifyingproposed expenditures. Budgetcategories are to be broken down asfollows, clearly showing both Federaland non-Federal shares side by side:—Salary. The rate of pay (hourly,

monthly, or annually) should beindicated. Salaries requested must beconsistent with the institution’sregular practices. The submittingorganization may request that salarydata remain confidential information.

—Fringe Benefits. Fringe benefits (i.e.,social security, insurance, retirement)may be treated as direct costs as longas this is consistent with theinstitution’s regular practices.

—Equipment. While not their primarypurpose, fellowship funds may beapproved for the purchase ofequipment only if the followingconditions are met: (a) a lease versuspurchase analysis has been conductedby the applicant or the applicant’sinstitution for equipment that costsgreater than $5000 and the findingsdetermine that purchase is the mosteconomical method of procurement;and (b) the equipment does not existat the recipient’s institution or theReserve site and is essential for thesuccessful completion of the project.The justification must discuss each of

these points along with the purpose ofthe equipment and a justification for itsuse, and include a list of equipment tobe purchased, leased, or rented bymodel number and manufacturer, whereknown. At the termination of thefellowship, disposition of equipmentwill be determined by the NOAAProperty Administrator.—Travel. The type, extent, and

estimated cost (broken down bytransportation, lodging and per diem)of travel should be explained andjustified in relation to the proposedresearch; the justification should alsoidentify the person traveling. Travelexpenses are limited to round triptravel to field research locations andprofessional meetings to present theresearch results and should notexceed 40 percent of total awardcosts.

—Other Direct Costs. Other anticipatedcosts should be itemized under thefollowing categories:• Materials and Supplies. The budget

should indicate in general terms thetypes of expendable materials andsupplies required and their estimatedcosts;

• Research Vessel or Aircraft Rental.Include purpose, unit cost, duration ofuse, user, and justification;

• Laboratory Space Rental. Fundsmay be requested for use of laboratoryspace at research establishments awayfrom the student’s institution whileconducting studies specifically relatedto the proposed effort;

• Telecommunication Services andReproduction Costs. Include expensesassociated with telephone calls,facsimile, copying, reprint charges, filmduplication, etc.;

• Computer Services. The cost ofunusual or costly computer servicesmay be requested and must be justified.



—Indirect Costs. Requested overheadcosts under NERRS fellowship awardsare limited to $1,500 of the Federalamount.8. Requests for Reserve Support

Services. On-site Reserve personnelsometimes can provide limited logisticalsupport for research projects in the formof manpower, equipment, supplies, etc.Any request for Reserve supportservices, including any servicesprovided as match, should be approvedby the Reserve Manager or ResearchCoordinator prior to applicationsubmission and be included as part ofthe application package in the form ofwritten correspondence. Reserveresources which are supported byFederal funds are not eligible to be usedas match.

9. Coordination with other Researchin Progress or Proposed. ERDencourages collaboration and cost-sharing with other investigators toenhance scientific capabilities andavoid unnecessary duplication of effort.Applications should include adescription of how the research will becoordinated with other research projectsthat are in progress or proposed, ifapplicable.

10. Permits. The applicant must applyfor any applicable local, state or Federalpermits. A copy of the permitapplication and supportingdocumentation should be attached tothe application as an appendix. ERDmust receive notification of the approvalof the permit application before fundingcan be approved.

C. Application Review and EvaluationAll applications will be evaluated for

scientific merit by ERD staff, the hostReserve scientific panel of no less thanthree reviewers from the scientificcommunity, and the appropriateResearch Coordinator and/or ReserveManager. Criteria for evaluation include:(1) The quality of proposed research andits applicability to the NERRS ScientificAreas of Support listed earlier in thisannouncement (70%); (2) the research’sapplicability to specific Reserveresearch and resource managementgoals as they relate to the ScientificAreas of Support listed in thisannouncement (20%); and (3) academicexcellence based on the applicant’stranscripts and two letters of reference(10%). No more than two Fellowshipswill be awarded at any one time for anyone Reserve. Final concurrence will bemade by the Chief of the EstuarineReserves Division.

D. Fellowship AwardsAwards are normally made to the

fellow’s graduate institution through the

use of a cooperative agreement.Applicants whose projects arerecommended for funding will berequired to complete all necessaryFederal financial assistance forms (SF–424, SF–424A, SF–424B, CD–511, andSF–LLL), which will be provided byERD with the letter of fellowshipnotification. ERD recommends that allapplicants work with their graduateinstitution during the development oftheir budget to ensure concurrence onbudgetary issues (e.g. the use of salaryand fringe benefits as match).

VI. Other RequirementsRecipients and sub-recipients are

subject to all Federal laws and Federaland DOC policies, regulations, andprocedures applicable to Federalfinancial assistance awards.

All non-profit and for-profitapplicants are subject to a name-checkreview process. Name checks areintended to reveal if any key individualsassociated with the applicant have beenconvicted of or are presently facingcriminal charges such as fraud, theft,perjury, or other matters whichsignificantly reflect on the applicant’smanagement honesty or financialintegrity.

No award of Federal funds shall bemade to an applicant who has anoutstanding delinquent Federal debtuntil either: (1) The delinquent accountis paid in full; (2) A negotiatedrepayment schedule is established andat least one payment is received; or (3)Other arrangements satisfactory to theDepartment of Commerce (DOC) aremade.

Unsatisfactory performance underprior Federal awards may result in anapplication not being considered forfunding. In addition, any recipients whoare past due for submitting acceptablefinal reports under any previous ERD-funded research will be ineligible to beconsidered for new awards until finalreports are received, reviewed anddeemed acceptable by ERD.

A false statement on an application isgrounds for denial or termination offunds and grounds for possiblepunishment by a fine or imprisonmentas provided in 18 U.S.C. 1001.

If an application is selected forfunding, the Department of Commercehas no obligation to provide anyadditional future funding in connectionwith that award. Renewal of an awardto increase funding or extend the periodof performance is at the total discretionof the DOC. However, funding prioritywill be given to the additional years ofmulti-year proposals upon satisfactorycompletion of the current year ofresearch.

Applications under this program aresubject to Executive Order 12372,‘‘Intergovernmental Review of FederalPrograms.’’

All primary applicants must submit acompleted Form CD–511,‘‘Certifications Regarding Debarment,Suspension and Other ResponsibilityMatter; Drug-Free WorkplaceRequirements and Lobbying,’’ and thefollowing explanations are herebyprovided:

1. Nonprocurement Debarment andSuspension. Prospective participants (asdefined at 15 CFR Part 26, Section 105)are subject to 15 CFR Part 26,‘‘Nonprocurement Debarment andSuspension,’’ and the related section ofthe certification form prescribed aboveapplies;

2. Drug-Free Workplace. Grantees (asdefined at 15 CFR Part 26, Section 605)are subject to 15 CFR Part 26, SubpartF, ‘‘Government-wide Requirements forDrug-Free Workplace (Grants)’’ and therelated section of the certification formprescribed above applies;

3. Anti-Lobbying. Persons (as definedat 15 CFR Part 28, Section 105) aresubject to the lobbying provisions of 31U.S.C. § 1352, ‘‘Limitation on the use ofappropriated funds to influence certainFederal contracting and financialtransactions,’’ and the lobbying sectionof the certification form which appliesto applications/ bids for grants,cooperative agreements, and contractsfor more than $100,000, and loans andloan guarantees for more than $150,000,or the single family maximum mortgagelimit for affected programs, whichever isgreater; and

4. Anti-Lobbying Disclosures. Anyapplicant that has paid or will pay forlobbying using any funds must submitan SF–LLL, ‘‘Disclosure of LobbyingActivities,’’ as required under 15 CFRPart 28, Appendix B.

5. Lower Tier Certifications.Recipients shall require applicants/bidders for sub-grants, contracts,subcontracts, or other lower tier coveredtransactions at any tier under the awardto submit, if applicable, a completedCD–512, ‘‘Certifications RegardingDebarment, Suspension, Ineligibilityand Voluntary Exclusion—Lower TierCovered Transactions and Lobbying,’’and disclosure form SF–LLL,‘‘Disclosure of Lobbying Activities.’’The original form CD–512 is intendedfor the use of recipients. SF–LLLsubmitted by any tier recipient or sub-recipient should be submitted to DOC inaccordance with the instructionscontained in the award document.

Buy American-Made Equipment orProducts: Applicants are hereby notifiedthat any equipment or products



authorized to be purchased withfunding provided under this programshould be American-made to the extentfeasible.

Indirect Costs: The total dollaramount of the indirect costs proposed inan application under this program mustnot exceed the indirect cost ratenegotiated and approved by a cognizantFederal agency prior to the proposedeffective date of the award or $1,500,whichever is less.

Pre-award Activities: If applicantsincur any costs prior to an award beingmade, they do so solely at their own riskof not being reimbursed by theGovernment. Notwithstanding anyverbal or written assurance that mayhave been received, there is noobligation on the part of DOC to coverpre-award costs.

VII. Classification

This notice has been determined to be‘‘not significant’’ for purposes of E.O.12866.

This action is categorically excludedfrom the requirement to prepare anenvironmental assessment by NOAAAdministrative Order 216–6.

This notice does not contain policieswith federalism implications sufficientto warrant preparation of a federalismassessment under Executive Order13132.

This notice involves a collection ofinformation subject to the requirementsof the Paperwork Reduction Act. Therequirements have been approved by theOffice of Management and Budget undercontrol numbers 0348–0043, 0348–0044,and 0348–0046.

Notwithstanding any other provisionof law, no person is required to respondto, nor shall any person be subject to apenalty for failure to comply with acollection of information, subject to therequirements of the PaperworkReduction Act, unless that collectiondisplays a current valid OMB controlnumber.(Federal Domestic Assistance CatalogNumber 11.420 Coastal Zone ManagementEstuarine Research Reserves)

Dated: August 17, 2000.Ted I. Lillestolen,Deputy Assistant Administrator, NationalOcean Service.

Appendix I. NERRS ON-SITE STAFF

Alabama

Mr. L.G. Adams, Manager, Dr. ScottPhipps, Research Coordinator, Weeks BayNational Estuarine Research Reserve, 11300U.S. Highway 98, Fairhope, AL 36532, (334)928–9792, [email protected],[email protected].

AlaskaMr. Glenn Seaman, Manager, Dr. Carl

Schoch, Research Coordinator, KachemakBay National Estuarine Research Reserve,Department of Fish and Game, 202 WestPioneer Avenue, Homer, AK 99603, (907)235–4799,[email protected].

CaliforniaMs. Becky Christensen, Manager, Dr.

Kerstin Wasson, Research Coordinator,Elkhorn Slough National Estuarine ResearchReserve, 1700 Elkhorn Road, Watsonville, CA95076, (831) 728–2822,[email protected].

Ms. Tessa Roper, Assistant Manager, Mr.Greg Abbott, Acting Research Coordinator,Tijuana River National Estuarine ResearchReserve, 301 Caspian Way, Imperial Beach,CA 92032, (619) 575–3613,[email protected], [email protected].

DelawareMr. Mark Del Vecchio, Manager, Dr. Bob

Scarborough, Research Coordinator,Delaware National Estuarine ResearchReserve, Division of Soil and WaterConservation, 89 Kings Highway, Dover, DE19901, (302) 739–3436,[email protected].

FloridaMr. Woodward Miley II, Manager, Mr. Lee

Edmiston, Research Coordinator,Apalachicola River National EstuarineResearch Reserve, Department ofEnvironmental Protection, 350 Carroll Street,Eastpoint, FL 32320, (850) 670–4783,[email protected].

Mr. Ken Berk, Manager, Guana-Tolomato-Matanzas National Estuarine ResearchReserve, Department of EnvironmentalProtection, P.O. Box 840069, St. Augustine,FL 32084–0069, (904) 461–4053,[email protected].

Mr. Gary Lytton, Manager, Dr. MichaelShirley, Research Coordinator, Rookery BayNational Estuarine Research Reserve,Department of Environmental Protection, 300Tower Road, Naples, FL 34113–8059, (941)417–6310, [email protected].

GeorgiaMr. Buddy Sullivan, Manager, Mr. Dorset

Hurley, Research Coordinator, Sapelo IslandNational Estuarine Research Reserve,Department of Natural Resources, P.O. Box15, Sapelo Island, GA 31327, (912) 485–2251,[email protected].

MaineMr. Kent Kirpatrick, Manager, Dr. Michele

Dionne, Research Coordinator, WellsNational Estuarine Research Reserve, 342Laudholm Farm Road, Wells, ME 04090,(207) 646–1555 ext. 136,[email protected].

MarylandMs. Carol Towle, Manager, Mr. David

Nemazie, Research Coordinator, ChesapeakeBay National Estuarine Research Reserve,MD, Department of Natural Resources, TawesState Office Building, E–2, 580 TaylorAvenue, Annapolis, MD 21401, (410) 228–9250 x615, [email protected].

Massachusetts

Ms. Christine Gault, Manager, Dr. ChrisWeidman, Research Coordinator, WaquoitBay National Estuarine Research Reserve,Department of Environmental Management,P. O. Box 3092, Waquoit, MA 02536, (508)457–0495, [email protected],[email protected].

Mississippi

Mr. Peter Hoar, Manager, Grand BayNational Estuarine Research Reserve,Department of Marine Resources, 6005 BayouHeron Road, Moss Point, MS 39562, (228)475–7047, [email protected].

New Hampshire

Mr. Peter Wellenberger, Manager, Dr. BrianSmith, Research Coordinator, Great BayNational Estuarine Research Reserve, NewHampshire Fish and Game Department, 37Concord Road, Durham, NH 03824, (603)868–1095, [email protected].

New Jersey

Mr. Michael De Luca, Manager, Dr. KenAble, Research Coordinator, Mullica RiverNational Estuarine Research Reserve,Institute of Marine and Coastal Sciences,Rutgers University, P.O. Box 231, NewBrunswick, NJ 08903, 732–932–9489 x512(De Luca), 689–296–5260 (Able),[email protected].

New York

Ms. Elizabeth Blair, Manager, Mr. ChuckNieder, Research Coordinator, Hudson RiverNational Estuarine Research Reserve, NewYork State Department of EnvironmentalConservation, c/o Bard College Field Station,Annandale-on-Hudson, NY 12504, (914) 758–7013 (Nieder), [email protected],(914) 758–7011 (Blair) and (914) 758–7010(general info).

North Carolina

Dr. John Taggart, Manager, Dr. Steve Ross,Research Coordinator, North CarolinaNational Estuarine Research Reserve, 5001Masonboro Loop Road, 1 Marvin Moss Lane,Wilmington, NC 28409, (910) 395–3905,[email protected].

Ohio

Mr. Eugene Wright, Manager, Dr. DavidKlarer, Research Coordinator, Old WomanCreek National Estuarine Research Reserve,2514 Cleveland Road, East, Huron, OH44839, (419) 433–[email protected].

Oregon

Mr. Michael Graybill, Manager, Dr. SteveRumrill, Research Coordinator, South SloughNational Estuarine Research Reserve, P. O.Box 5417, Charleston, OR 97420, (541) 888–5558, [email protected].

Puerto Rico

Ms. Carmen Gonzalez, Manager, Dr. PedroRobles, Research Coodinator, Jobos BayNational Estuarine Research Reserve, Dept. ofNatural Resources, Call Box B, Aguirre, PR00704, (787) 853–4617,[email protected],[email protected].



Rhode IslandMr. Roger Greene, Manager, Dr. Chris

Deacutis, Research Coordinator, NarragansettBay National Estuarine Research Reserve,Department of Environmental Management,Box 151, Prudence Island, RI 02872, (401)683–6780 [email protected],[email protected] or (401) 222–4700x7270.

South CarolinaMr. Michael D. McKenzie, Manager, Dr.

Elizabeth Wenner, Research Coordinator,Ashepoo-Combahee-Edisto (ACE) Basin,South Carolina Wildlife and MarineResources Department, P.O. Box 12559,Charleston, SC 29412, (803) 762–5062(McKenzie), (803) 736–5050 (Wenner),[email protected].

Dr. Dennis Allen, Manager, Dr. DrewLohrer, Research Coordinator, North Inlet-Winyah Bay National Estuarine ResearchReserve, Baruch Marine Field Laboratory,P.O. Box 1630, Georgetown, SC 29442, (803)546–3623.

VirginiaDr. Maurice P. Lynch, Manager, Dr.

William Reay, Research Coordinator,Chesapeake Bay National Estuarine ResearchReserve, VA, Virginia Institute of MarineScience, College of William and Mary, P.O.Box 1347, Gloucester Point, VA 23062, (804)684–7135, [email protected].

WashingtonMr. Terry Stevens, Manager, Dr. Douglas

Bulthuis, Research Coordinator, Padilla BayNational Estuarine Research Reserve, 10441Bay View-Edison Road, Mt. Vernon, WA98273–9668, (360) 428–1558,[email protected].




[I.D. 081800H]

Gulf of Mexico Fishery ManagementCouncil; Public Meetings

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Notice of public meeting.

SUMMARY: The Gulf of Mexico FisheryManagement Council will convenepublic meetings.DATES: The meetings will be held onSeptember 11–14, 2000.ADDRESSES: These meetings will be heldat the Adam’s Mark Hotel, 64 SouthWater Street, Mobile, AL; telephone:334–438–4000.

Council address: Gulf of MexicoFishery Management Council, 3018 U.S.Highway 301 North, Suite 1000, Tampa,FL 33619.

FOR FURTHER INFORMATION CONTACT:Wayne E. Swingle, Executive Director,Gulf of Mexico Fishery ManagementCouncil; telephone: (813) 228–2815.SUPPLEMENTARY INFORMATION:

Council

September 13

8:30 a.m—Convene.8:45 a.m.– 12:00 noon—Receive

public testimony on a proposedDolphin/Wahoo Fishery ManagementPlan (FMP). Persons who will testifymust turn in a registration card beforethe start of the testimony period onWednesday.

1:30 p.m.–3:30 p.m.—Receive thereport of the Mackerel ManagementCommittee.

3:30 p.m. – 4:00 p.m.—Receive areport of the Reef Fish ManagementCommittee.

4:00 p.m.– 4:30 p.m. —Receive areport of the Shrimp ManagementCommittee.

4:30 p.m.– 4:45 p.m. —Receive areport of the Stone Crab ManagementCommittee.

4:45 p.m.– 5:00 p.m. —Receive areport of the Red Drum ManagementCommittee.

5:00 p.m..– 5:15 p.m. —Receive areport of the Joint Reef Fish andMackerel Management Committees.

5:15 p.m.– 5:30 p.m. —Receive areport of the Budget Committee.

September 14

8:30 a.m.– 10:30 a.m. —Receive areport of the Administrative PolicyCommittee.

10:30 a.m.– 10:45 a.m.—Receive areport of the Migratory SpeciesManagement Committee.

10:45 a.m.– 11:00 a.m. —Receive areport of the International Commissionfor the Conservation of Atlantic TunasAdvisory Committee Meeting.

11:00 a.m.– 11:15 a.m. —Receiveenforcement reports.

11:15 a.m.– 11:30 a.m. —Receive theNMFS Regional Administrator’s Report.

11:30 a.m.– 11:45 a.m. —ReceiveDirector’s Reports.

11:45 a.m– 4:30 p.m. — OtherBusiness.

12:00 noon —Election of Chairmanand Vice Chairman.

September 11

9:00 a.m. – 12:00 noon— Convene theAdministrative Policy Committee todiscuss amendments to the Magnuson-Stevens Fishery Conservation andManagement Act (MSFCMA) and willdevelop recommendations forcomments to be heard by full Councilon Thursday morning.

1:00 p.m. – 2:00 p.m. — Convene theBudget Committee to review the CY2001 budget.

2:00 p.m.– 5:00 p.m. — Convene theMackerel Management Committee todiscuss the proposed Dolphin/WahooFMP and develop recommendations forfinal action by the full Council onWednesday afternoon. The Dolphin/Wahoo FMP has been prepared by theSouth Atlantic, Gulf, and CaribbeanFishery Management Councils. The first10 actions, with options, of the Dolphin/Wahoo FMP contain measures that areapplicable to the dolphin and wahoostocks in the jurisdictions of all 3councils. These include measures to:define the management units; addressdealer, vessel, and operator permits;consider data reporting requirements;identify estimates of maximumsustainable yield, optimum yield, andoverfishing/overfished criteria; and,framework options to enable seasonaladjustments to the managementstructure. Other actions, with options,are separately applicable to eachcouncil’s area of jurisdiction, andinclude actions that may beimplemented through the frameworkprocedures, e.g. minimum size limits,bag limits, trip limits, and allocations,among others.

5:00 p.m.– 5:30 p.m. —Convene theMigratory Species ManagementCommittee to discuss proposedmanagement actions for billfish.

September 12

8:30 a.m– 11:30 a.m. — Convene theReef Fish Management Committee toreceive a report on a juvenile redsnapper study, the Reef Fish StockAssessment Panel’s recommendationson grouper complex rebuildingscenarios, and to discuss requiringvessel monitoring systems (VMS) inReef Fish Amendment 18.

12:30 p.m– 2:00 p.m. — Convene theShrimp Management Committee todiscuss Draft Shrimp Amendment 11and approve it for public hearings. Thedraft amendment has alternatives, that ifadopted, would require shrimp vesselsto have permits or be registered, andoperators to have permits.

2:00 p.m– 3:30 p.m. — Convene theJoint Reef Fish and MackerelManagement Committees to approve aDraft Amendment for Charter VesselPermit Moratorium for public hearings.The draft amendment proposes to put amoratorium on the issuance ofadditional permits for charter vessels tofish for reef fish or coastal migratorypelagics in Federal waters of the Gulf ofMexico. The amendment will make thecharter vessel permits transferable.



3:30 p.m– 5:00 p.m. — Convene theStone Crab Management Committee toapprove Draft Stone Crab Amendment 7for public hearings. The draftamendment proposes to create a federaltrap certificate program to complementthe trap certificate program adopted bythe state of Florida.

5:00 p.m– 5:30 p.m. — Convene theRed Drum Management Committee tohear recommendations of the Red DrumStock Assessment Panel for carrying outresearch to determine the status of thestock.Although non-emergency issuesnot contained in the agenda may comebefore the Council for discussion, inaccordance with the MSFCMA, thoseissues may not be the subject of formalCouncil action during this meeting.Council action will be restricted to thoseissues specifically identified in thisnotice and any issues arising afterpublication of this notice that requireemergency action under section 305 (c)of the MSFCMA, provided the publichas been notified of the Council’s intentto take final action to address theemergency.

A copy of the Committee scheduleand agenda can be obtained by calling(813) 228–2815.

Special AccommodationsThese meetings are physically

accessible to people with disabilities.Requests for sign languageinterpretation or other auxiliary aidsshould be directed to Anne Alford at theCouncil (see ADDRESSES) by September5, 2000.

Dated: August 18, 2000.Richard W. Surdi,Acting Director, Office of SustainableFisheries, National Marine Fisheries Service.[FR Doc. 00–21805 Filed 8–24–00; 8:45 am]Billing Code: 3510–22–S



[I.D. 081800G]

New England Fishery ManagementCouncil; Public Meetings


SUMMARY: The New England FisheryManagement Council (Council) isscheduling a public meeting of itsEnforcement Committee and AdvisoryPanel in September, 2000.Recommendations from the committee

will be brought to the full Council forformal consideration and action, ifappropriate.

DATES: The meeting will held onThursday, September 21, 2000, at 9:30a.m.ADDRESSES: The meeting will be held atthe Council office, 50 Water Street, Mill2, Newburyport, MA 01950; telephone:(978) 465-0492.FURTHER INFORMATION CONTACT: Paul J.Howard, Executive Director, NewEngland Fishery Management Council;(978) 465-0492.SUPPLEMENTARY INFORMATION: Thecommittee will review safety andenforcement issues associated with anexperimental fishery to allow vessels toseek safe harbor in Gloucester, MA, butnot unload if they exceed the NortheastMulti-species Fishery Management Planhaddock trip limit.

Although non-emergency issues notcontained in this agenda may comebefore this Council for discussion, thoseissues may not be the subject of formalCouncil action during this meeting.Council action will be restricted to thoseissues specifically listed in this noticeand any issues arising after publicationof this notice that require emergencyaction under section 305(c) of theMagnuson-Stevens FisheryConservation and Management Act,provided the public has been notified ofthe Council’s intent to take final actionto address the emergency.

Special AccommodationsThis meeting is physically accessible

to people with disabilities. Requests forsign language interpretation or otherauxiliary aids should be directed to PaulJ. Howard (see ADDRESSES) at least 5days prior to the meeting dates.

Dated: August 18, 2000.Richard W. Surdi,Acting Director, Office of SustainableFisheries, National Marine Fisheries Service.[FR Doc. 00–21801 Filed 8–24–00; 8:45 am]Billing Code: 3510–22–S



[I.D. 081800F]

North Pacific Fishery ManagementCouncil; Public Meeting

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Notice of plan team meeting.

SUMMARY: The North Pacific FisheryManagement Council’s (Council) PlanTeam for the Bering Sea/AleutiansIslands King and Tanner Crab FisheryManagement Plan will meet in Kodiak,Alaska.

DATES: The meeting will be held onSeptember 19-20, 2000.

ADDRESSES: The meeting will be held atthe Kodiak Fisheries Research Center,301 Research Court, Kodiak, AK.

Council address: North PacificFishery Management Council, 605 W.4th Ave., Suite 306, Anchorage, AK99501-2252.

FOR FURTHER INFORMATION CONTACT:Dave Witherell, North Pacific FisheryManagement Council; 907-271-2809.

SUPPLEMENTARY INFORMATION: Themeeting will begin at 9:00 a.m. onTuesday, September 19, continuingthrough September 20. The Plan Teamwill prepare the annual StockAssessment and Fishery Evaluationreport for Bering Sea/Aleutian Islandsking and Tanner crab stocks and reviewa proposal by the Alaska MarineConservation Council regarding habitatand bycatch management measures.

Although non-emergency issues notcontained in this agenda may comebefore this Council for discussion, thoseissues may not be the subject of formalaction during this meeting. Action willbe restricted to those issues specificallylisted in this notice and any issuesarising after publication of this noticethat require emergency action undersection 305(c) of the Magnuson-StevensFishery Conservation and ManagementAct, provided the public has beennotified of the Council’s intent to takefinal action to address the emergency.

Special Accommodations

These meetings are physicallyaccessible to people with disabilities.Requests for sign languageinterpretation or other auxiliary aidsshould be directed to Helen Allen, 907-271-2809, at least 5 working days priorto the meeting date.


Richard W. Surdi,Acting Director, Office of SustainableFisheries, National Marine Fisheries Service.[FR Doc. 00–21804 Filed 8–24–00; 8:45 am]

Billing Code: 3510–22–S





[I.D. 081800I]

Pacific Fishery Management Council;Public Meeting


SUMMARY: The Pacific FisheryManagement Council’s (Council) HighlyMigratory Species Plan DevelopmentTeam (HMSPDT) will hold a worksession which is open to the public.DATES: The work session will beTuesday, September 26, 2000, 8:00 a.m.to 5:00 p.m.; Wednesday, September 27,2000, 8:00 a.m. to 5:00 p.m.; andThursday, September 28, 2000, from8:30 a.m. until business for the day iscompleted.ADDRESSES: On Tuesday andWednesday, the work session will beheld in the large conference room atNMFS Southwest Fisheries ScienceCenter, 8604 La Jolla Shores Drive,Room D-203, La Jolla, CA 92038-0271;telephone: (619) 546-7000. OnThursday, the HMSPDT will meet at theHubbs-SeaWorld Research Institute,2595 Ingraham Street, San Diego, CA92109-7902; telephone: (619) 226-3870.

Council address: Pacific FisheryManagement Council, 2130 SW FifthAvenue, Suite 224, Portland, OR 97201.FOR FURTHER INFORMATION CONTACT: DanWaldeck, Pacific Fishery ManagementCouncil; (503) 326-6352.SUPPLEMENTARY INFORMATION: Theprimary purpose of the work session isto continue development of the draftfishery management plan (FMP) forhighly migratory species (HMS).Specific agenda topics include: reviewof FMP development to date; progressreports and presentations (stockassessments, maximum sustainableyield (MSY) and MSY proxydetermination, shared stocks); Councilguidance to the HMSPDT; bycatch;management data issues, currentinternational and state regulations;analysis of pelagic longlines; and newwork assignments.

Management measures that may beadopted in the FMP for HMS fisheriesoff the West Coast include permit andreporting requirements for commercialand recreational harvest of HMSresources, time and/or area closures tominimize gear conflicts or bycatch,adoption or confirmation of state

regulations for HMS fisheries, andallocations of some species tononcommercial use. The FMP is likelyto include a framework managementprocess to add future new measures,including the potential for collaborativemanagement efforts with other regionalfishery management councils withinterest in HMS resources. It would alsoinclude essential fish habitat and habitatareas of particular concern, includingfishing and nonfishing threats, as wellas other components of FMPs requiredunder the Magnuson-Stevens FisheryConservation and Management Act(Magnuson-Stevens Act).

The proposed FMP and its associatedregulatory analyses would be theCouncil’s fourth FMP for the exclusiveeconomic zone off the West Coast.Development of the FMP is timely,considering the new mandates underthe Magnuson-Stevens Act, efforts bythe United Nations to promoteconservation and management of HMSresources through domestic andinternational programs, and theincreased scope of activity of the Inter-American Tropical Tuna Commission inHMS fisheries in the eastern PacificOcean.

Although non-emergency issues notcontained in the HMSPDT meetingagenda may come before the HMSPDTfor discussion, those issues may not bethe subject of formal HMSPDT actionduring these meetings. HMSPDT actionwill be restricted to those issuesspecifically listed in this document andany issues arising after publication ofthis document that require emergencyaction under section 305(c) of theMagnuson-Stevens FisheryConservation and Management Act,provided the public has been notified ofthe HMSPDT’s intent to take final actionto address the emergency.

Special Accommodations

The meeting is physically accessibleto people with disabilities. Requests forsign language interpretation or otherauxiliary aids should be directed to Ms.Carolyn Porter at (503) 326-6352 at least5 days prior to the meeting date.


Richard W. Surdi,Acting Director, Office of SustainableFisheries, National Marine Fisheries Service.[FR Doc. 00–21800 Filed 8–24–00; 8:45 am]

Billing Code: 3510–22–S



[I.D.081500B]

Marine Mammals; File No. 358-1585

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Receipt of application.

SUMMARY: Notice is hereby given thatWayne L. Regelin (PrincipalInvestigator: Robert Small), Division ofWildlife Conservation, AlaskaDepartment of Fish and Game, 333Raspberry Road, Anchorage, Alaska99518, has applied in due form for apermit to take harbor seals (Phocavitulina), spotted seals (Phoca largha),ringed seals (Phoca hispida), beardedseals (Erignathus barbatus), and ribbonseals (Phoca fasciata) for the purposesof scientific research.DATES: Written or telefaxed commentsmust be received on or beforeSeptember 25, 2000.ADDRESSES: The application and relateddocuments are available for reviewupon written request or by appointmentin the following office(s):

Permits and Documentation Division,Office of Protected Resources, NMFS,1315 East-West Highway, Room 13130,Silver Spring, MD 20910 (301/713-2289); and

Alaska Region, NMFS, P.O. Box21668, Juneau, AK 99802-1668; phone(907)586-7221; fax (907)586-7249.FOR FURTHER INFORMATION CONTACT:Simona Roberts or Ruth Johnson, 301/713-2289.SUPPLEMENTARY INFORMATION: Thesubject permit is requested under theauthority of the Marine MammalProtection Act of 1972, as amended(MMPA; 16 U.S.C. 1361 et seq.), theRegulations Governing the Taking andImporting of Marine Mammals (50 CFRpart 216), and the Fur Seal Act of 1966,as amended (16 U.S.C. 1151 et seq.).

The applicant requests authority totake harbor seals, spotted seals, ringedseals, bearded seals and ribbon seals inAlaska. The applicant proposes tocapture, sample and tag a total of 1,000harbor seals, 500 spotted seals, 250ringed seals, 250 bearded seals and 250ribbon seals over a 5-year periodthroughout Alaska. Additionally, harborseals may be incidentally harassedduring scat collection and aerialsurveys. Export of biological samplesworldwide and collection of biologicalsamples from subsistence harvestedanimals is also proposed.



In compliance with the NationalEnvironmental Policy Act of 1969 (42U.S.C. 4321 et seq.), an initialdetermination has been made that theactivity proposed is categoricallyexcluded from the requirement toprepare an environmental assessment orenvironmental impact statement.

Written comments or requests for apublic hearing on this applicationshould be mailed to the Chief, Permitsand Documentation Division, F/PR1,Office of Protected Resources, NMFS,1315 East-West Highway, Room 13705,Silver Spring, MD 20910. Thoseindividuals requesting a hearing shouldset forth the specific reasons why ahearing on this particular request wouldbe appropriate.

Comments may also be submitted byfacsimile at (301) 713-0376, providedthe facsimile is confirmed by hard copysubmitted by mail and postmarked nolater than the closing date of thecomment period. Please note thatcomments will not be accepted by e-mail or by other electronic media.

Concurrent with the publication ofthis notice in the Federal Register,NMFS is forwarding copies of thisapplication to the Marine MammalCommission and its Committee ofScientific Advisors.

Dated: August 21, 2000.Ann D. Terbush,Chief, Permits and Documentation Division,Office of Protected Resources, NationalMarine Fisheries Service.[FR Doc. 00–21802 Filed 8–24–00; 8:45 am]Billing Code: 3510–22–S


Patent and Trademark Office

Performance Review Board

AGENCY: United States Patent andTrademark Office, Department ofCommerce.ACTION: Announcement of membershipof the United States Patent andTrademark Office Performance ReviewBoard.

SUMMARY: In conformance with the CivilService Reform Act of 1978, 5 U.S.C.4314(c)(4), the United States Patent andTrademark Office announces theappointment of persons to serve asmembers of its Performance ReviewBoard.

ADDRESSES: Comments should beaddressed to the Director, Office ofHuman Resources, United State Patentand Trademark Office, One Crystal Park,Suite 707, Washington, DC 20231.

FOR FURTHER INFORMATION CONTACT:Sydney Rose at (703) 305–8062.SUPPLEMENTARY INFORMATION: Themembership of the United States Patentand Trademark Office PerformanceReview Board is as follows:Clarence Crawford, Chair, Chief

Financial Officer and ChiefAdministrative Officer, UnitedStates Patent and Trademark Office,Washington, DC 20231, Term—expires September 30, 2003

Nicholas Godici, Commissioner forPatents, United States Patent andTrademark Office, Washington, DC20231, Term—expires September30, 2003

Anne Chasser, Commissioner forTrademarks, United States Patentand Trademark Office, Washington,DC 20231, Term—expiresSeptember 30, 2003

Dennis Shaw, Chief Information Officer,United States Patent and TrademarkOffice, Washington, DC 20231,Term—expires September 30, 2003

Janice A. Howell, Director, PatentExamining Group, United StatesPatent and Trademark Office,Washington, DC 20231, Term—expires September 30, 2003

Albin F. Drost, Acting General Counsel,United States Patent and TrademarkOffice, Washington, DC 20231,Term—expires September 30, 2003

Robert M. Anderson, DeputyCommissioner for Trademarks,United States Patent and TrademarkOffice, Washington, DC 20231,Term—expires September 30, 2003

Robert Stoll, Administrator for ExternalAffairs, United States Patent andTrademark Office, Washington, DC20231, Term—expires September30, 2003

H. Dieter Hoinkes, DeputyAdministrator for Legislative andInternational Affairs, United StatesPatent and Trademark Office,Washington, DC 20231, Term—expires September 30, 2003

Gerald R. Lucas, Deputy Chief FinancialOffice/Administrative Officer,Department of Commerce,Washington, DC 20231, Term—expires September 30, 2001

Bruce Campbell, Executive AssociateDirector, Operations SupportDirectorate, Federal EmergencyManagement Agency, Washington,DC 20742, Term—expiresSeptember 30, 2002.

Dated: August 21, 2000.Q. Todd Dickinson,Intellectual Property and Director of theUnited States Patent and Trademark Office.[FR Doc. 00–21753 Filed 8–24–00; 8:45 am]BILLING CODE 3510–16–M

DEPARTMENT OF DEFENSE

Department of the Army

Availability for Non-Exclusive,Exclusive, or Partially ExclusiveLicensing of U.S. Patent ApplicationConcerning Adaptation of Virus toVertebrate Cells

AGENCY: U.S. Army Medical Researchand Materiel Command, DoD.ACTION: Notice.

SUMMARY: In accordance with 37 CFR404.6, announcement is made of theavailability for licensing of U.S. PatentApplication Serial Number 09/534,724entitled ‘‘Adaptation of Virus toVertebrate Cells’’, filed March 24, 2000.Foreign rights are also available. Thispatent application has been assigned tothe United States Government asrepresented by the Secretary of theArmy.

ADDRESSES: Commander, U.S. ArmyMedical Research and MaterielCommand, ATTN: Command JudgeAdvocate, MCMR–JA, 504 Scott Street,Fort Detrick, Frederick, Maryland21702–5012.FOR FURTHER INFORMATION CONTACT: Forpatent issues, Ms. Elizabeth Arwine,Patent Attorney, (301) 619–7808. Forlicensing issues, Dr. Paul Mele, Office ofResearch & Technology Assessment,(301) 619–6664. Both at telefax (301)619–5034.SUPPLEMENTARY INFORMATION: Theinvention provides a method forreplicating virus to higher titer incultured mammalian cells by infectingthe mammalian cells with the high titervirus strain to obtain infected cells.Specifically, attenuated dengue virusstrains of serotype 1,2,3, and 4. Theresulting replicated virus is suitable foruse in vaccines and vaccinationmethods which are also provided by theinvention.

Gregory D. Showalter,Army Federal Register Liaison Officer.[FR Doc. 00–21795 Filed 8–24–00; 8:45 am]BILLING CODE 3710–08–U



Availability for Non-Exclusive,Exclusive, or Partially ExclusiveLicensing of U.S. Patent ApplicationConcerning Anthrax Vaccine




SUMMARY: In accordance with 37 CFR404.6, announcement is made of theavailability for licensing of U.S. PatentApplication Serial Number 09/350,755entitled ‘‘Anthrax Vaccine’’, filed July 9,1999. Foreign rights are also available.This patent application has beenassigned to the United StatesGovernment as represented by theSecretary of the Army.ADDRESSES: Commander, U.S. ArmyMedical Research and MaterielCommand, ATTN: Office of the StaffJudge Advocate, MCMR–JA, 504 ScottStreet, Fort Detrick, Frederick, Maryland21702–5012.FOR FURTHER INFORMATION CONTACT: Forpatent issues, Ms. Elizabeth Arwine,Patent Attorney, (301) 619–7808. Forlicensing issues, Dr. Paul Mele, Office ofResearch & Technology Assessment,(301) 619–6664. Both at telefax (301)619–5034.SUPPLEMENTARY INFORMATION: Theinvention relates to vaccines forbacterial toxins from Bacillus anthracis.The invention relates to a method andcomposition for use in inducing animmune response which is protectiveagainst infection with anthrax.

Gregory D. Showalter,Army Federal Register Liaison Officer.[FR Doc. 00–21796 Filed 8–24–00; 8:45 am]BILLING CODE 3710–08–U



Availability for Non-Exclusive,Exclusive, or Partially ExclusiveLicensing of U.S. Patent ApplicationConcerning Attenuated Dengue-1 VirusVaccine


SUMMARY: In accordance with 37 CFR404.6, announcement is made of theavailability for licensing of U.S. PatentApplication Serial Number 09/535,116entitled ‘‘Attenuated Dengue-1 VirusVaccine’’, filed March 24, 2000. Foreignrights are also available. This patentapplication has been assigned to theUnited States Government asrepresented by the Secretary of theArmy.

ADDRESSES: Commander, U.S. ArmyMedical Research and MaterielCommand, ATTN: Command JudgeAdvocate, MCMR–JA, 504 Scott Street,Fort Detrick, Frederick, Maryland21702–5012.

FOR FURTHER INFORMATION CONTACT: Forpatent issues, Ms. Elizabeth Arwine,Patent Attorney, (301) 619–7808. Forlicensing issues, Dr. Paul Mele, Office ofResearch & Technology Assessment,(301) 619–6664. Both at telefax (301)619–5034.SUPPLEMENTARY INFORMATION: Theinvention provides vaccinecompositions of attenuated Dengue-1virus. More specifically, the attenuatedvirus is produced by serial passage inPDK cells. The invention also providesmethods for stimulating the immunesystem of an individual to induceprotection against dengue-1 virus byadministration of attenuated dengue-1virus.

Gregory D. Showalter,Army Federal Register Liaison Officer.[FR Doc. 00–21791 Filed 8–24–00; 8:45 am]BILLING CODE 3710–08–P





SUMMARY: In accordance with 37 CFR404.6, announcement is made of theavailability for licensing of U.S. PatentApplication Serial Number 09/534,725entitled ‘‘Attenuated Dengue-2 VirusVaccine’’, filed March 24, 2000. Foreignrights are also available. This patentapplication has been assigned to theUnited States Government asrepresented by the Secretary of theArmy.ADDRESSES: Commander, U.S. ArmyMedical Research and MaterielCommand, ATTN: Command JudgeAdvocate, MCMR–JA, 504 Scott Street,Fort Detrick, Frederick, Maryland21702–5012.FOR FURTHER INFORMATION CONTACT: Forpatent issues, Ms. Elizabeth Arwine,Patent Attorney, (301) 619–7808. Forlicensing issues, Dr. Paul Mele, Office ofResearch & Technology Assessment,(301) 619–6664. Both at telefax (301)619–5034.SUPPLEMENTARY INFORMATION: Theinvention provides vaccinecompositions of attenuated dengue-2virus. More specifically, the attenuatedvirus is produced by serial passage inPDK cells. The invention also provides

methods for stimulating the immunesystem of an individual to induceprotection against dengue-2 virus byadministration of attenuated dengue-2virus.

Gregory D. Showalter,Army Federal Register Liaison Officer.[FR Doc. 00–21790 Filed 8–24–00; 8:45 am]





AGENCY: U.S. Army Medical Researchand Materiel Command, DoD.

ACTION: Notice.


ADDRESSES: Commander, U.S. ArmyMedical Research and MaterielCommand, ATTN: Command JudgeAdvocate, MCMR–JA, 504 Scott Street,Fort Detrick, Frederick, Maryland21702–5012.

FOR FURTHER INFORMATION CONTACT: Forpatent issues, Ms. Elizabeth Arwine,Patent Attorney, (301) 619–7808. Forlicensing issues, Dr. Paul Mele, Office ofResearch & Technology Assessment,(301) 619–6664. Both at telefax (301)619–5034.

SUPPLEMENTARY INFORMATION: Theinvention provides vaccinecompositions of attenuated dengue-3virus. More specifically, the attenuatedvirus is produced by serial passage inPDK cells. The invention also providesmethods for stimulating the immunesystem of an individual to induceprotection against dengue-3 virus byadministration of attenuated dengue-3virus.

Gregory D. Showalter,Army Federal Register Liaison Officer.[FR Doc. 00–21792 Filed 8–24–00; 8:45 am]









ADDRESSES: Commander, U.S. ArmyMedical Research and MaterielCommand, ATTN: Command JudgeAdvocate, MCMR-JA, 504 Scott Street,Fort Detrick, Frederick, Maryland21702–5012.FOR FURTHER INFORMATION CONTACT: Forpatent issues, Ms. Elizabeth Arwine,Patent Attorney, (301) 619–7808. Forlicensing issues, Dr. Paul Mele, Office ofResearch & Technology Assessment,(301) 619–6664. Both at telefax (301)619–5034.SUPPLEMENTARY INFORMATION: Theinvention provides vaccinecompositions of attenuated dengue-4virus. More specifically, the attenuatedvirus is produced by serial passage inPDK cells. The invention also providesmethods for stimulating the immunesystem of an individual to induceprotection against dengue-4 virus byadministration of attenuated dengue-4virus.




Availability for Non-Exclusive,Exclusive, or Partially ExclusiveLicensing of U.S. Patent ApplicationConcerning Multivalent Dengue VirusVaccine


SUMMARY: In accordance with 37 CFR404.6, announcement is made of theavailability for licensing of U.S. PatentApplication Serial Number 09/535,117entitled ‘‘Multivalent Dengue VirusVaccine’’, filed March 24, 2000. Foreignrights are also available. This patentapplication has been assigned to theUnited States Government asrepresented by the Secretary of theArmy.

ADDRESSES: Commander, U.S. ArmyMedical Research and MaterielCommand, ATTN: Command JudgeAdvocate, MCMR-JA, 504 Scott Street,Fort Detrick, Frederick, Maryland21702–5012.FOR FURTHER INFORMATION CONTACT: Forpatent issues, Ms. Elizabeth Arwine,Patent Attorney, (301) 619–7808. Forlicensing issues, Dr. Paul Mele, Office ofResearch & Technology Assessment,(301) 619–6664. Both at telefax (301)619–5034.SUPPLEMENTARY INFORMATION: Theinvention provides vaccinecompositions of attenuated denguevirus. More specifically, the attenuatedvirus is produced by serial passage inPDK cells. The invention also providesmethods for stimulating the immunesystem of an individual to induceprotection against all four dengue virusserotypes by administration ofattenuated dengue-1, dengue-2, dengue-3 and dengue-4 virus.


DEPARTMENT OF EDUCATION


AGENCY: Department of Education.SUMMARY: The Leader, RegulatoryInformation Management Group, Officeof the Chief Information Officer invitescomments on the submission for OMBreview as required by the PaperworkReduction Act of 1995.DATES: Interested persons are invited tosubmit comments on or beforeSeptember 25, 2000.ADDRESSES: Written comments shouldbe addressed to the Office ofInformation and Regulatory Affairs,Attention: Wai-Sinn Chan, Acting DeskOfficer, Department of Education, Officeof Management and Budget, 725 17thStreet, NW., Room 10235, NewExecutive Office Building, Washington,DC 20503 or should be electronically

mailed to the internet address [email protected].

SUPPLEMENTARY INFORMATION: Section3506 of the Paperwork Reduction Act of1995 (44 U.S.C. chapter 35) requires thatthe Office of Management and Budget(OMB) provide interested Federalagencies and the public an earlyopportunity to comment on informationcollection requests. OMB may amend orwaive the requirement for publicconsultation to the extent that publicparticipation in the approval processwould defeat the purpose of theinformation collection, violate State orFederal law, or substantially interferewith any agency’s ability to perform itsstatutory obligations. The Leader,Regulatory Information ManagementGroup, Office of the Chief InformationOfficer, publishes that notice containingproposed information collectionrequests prior to submission of theserequests to OMB. Each proposedinformation collection, grouped byoffice, contains the following: (1) Typeof review requested, e.g. new, revision,extension, existing or reinstatement; (2)Title; (3) Summary of the collection; (4)Description of the need for, andproposed use of, the information; (5)Respondents and frequency ofcollection; and (6) Reporting and/orRecordkeeping burden. OMB invitespublic comment.

Dated: August 18, 2000.John Tressler,Leader, Regulatory Information Management,Office of the Chief Information Officer.

Office of Postsecondary EducationType of Review: New Collection.Title: Annual Performance Report for

the Upward Bound, Upward BoundMath/Science, and Veterans UpwardBound Programs (JS).

Frequency: Annually.Affected Public: Not-for-profit

institutions (primary), State, Local, orTribal Gov’t, SEAs or LEAs.

Reporting and Recordkeeping HourBurden: Responses: 900; Burden Hours:9000.

Abstract: Upward Bound granteesmust submit the report annually. Thereports are used to evaluate theperformance of grantees prior toawarding continuation funds and toassess a grantee’s prior experience at theend of each budget period. TheDepartment will also aggregate the datato provide descriptive information onthe programs and to analyze the impactof the program on the academic progressof participating students.

Requests for copies of the proposedinformation collection request may beaccessed from http://edicsweb.ed.gov, or



should be addressed to Vivian Reese,Department of Education, 400 MarylandAvenue, SW., Room 4050, RegionalOffice Building 3, Washington, DC20202–4651. Requests may also beelectronically mailed to the internetaddress [email protected] orfaxed to 202–708–9346.

Please specify the complete title of theinformation collection when makingyour request. Comments regardingburden and/or the collection activityrequirements should be directed toSCHUBART at (202) 708–9266.Individuals who use atelecommunications device for the deaf(TDD) may call the Federal InformationRelay Service (FIRS) at 1–800–877–8339.

[FR Doc. 00–21570 Filed 8–24–00; 8:45 am]BILLING CODE 4000–01–U



AGENCY: Department of Education.SUMMARY: The Leader, RegulatoryInformation Management Group, Officeof the Chief Information Officer invitescomments on the submission for OMBreview as required by the PaperworkReduction Act of 1995.DATES: Interested persons are invited tosubmit comments on or beforeSeptember 25, 2000.ADDRESSES: Written comments shouldbe addressed to the Office ofInformation and Regulatory Affairs,Attention: Wai-Sinn Chan, Acting DeskOfficer, Department of Education, Officeof Management and Budget, 725 17thStreet, N.W., Room 10235, NewExecutive Office Building, Washington,D.C. 20503 or should be electronicallymailed to the internet address [email protected] INFORMATION: Section3506 of the Paperwork Reduction Act of1995 (44 U.S.C. Chapter 35) requiresthat the Office of Management andBudget (OMB) provide interestedFederal agencies and the public an earlyopportunity to comment on informationcollection requests. OMB may amend orwaive the requirement for publicconsultation to the extent that publicparticipation in the approval processwould defeat the purpose of theinformation collection, violate State orFederal law, or substantially interferewith any agency’s ability to perform itsstatutory obligations. The Leader,Regulatory Information ManagementGroup, Office of the Chief InformationOfficer, publishes that notice containing

proposed information collectionrequests prior to submission of theserequests to OMB. Each proposedinformation collection, grouped byoffice, contains the following: (1) Typeof review requested, e.g. new, revision,extension, existing or reinstatement; (2)Title; (3) Summary of the collection; (4)Description of the need for, andproposed use of, the information; (5)Respondents and frequency ofcollection; and (6) Reporting and/orRecordkeeping burden. OMB invitespublic comment.

Dated: August 21, 2000.John Tressler,Leader, Regulatory Information Management,Office of the Chief Information Officer.

Office of Vocational and AdultEducation

Type of Review: New Collection.Title: Mapping Federal Funding to

High Schools (SC).Frequency: Other: One time.Affected Public: State, Local, or Tribal

Gov’t, SEAs or LEAs (primary).Reporting and Recordkeeping Hour

Burden:Responses: 732.Burden Hours: 3499.

Abstract: The Mapping FederalFunding to High Schools study willattempt to (1) ascertain the percentage offederal funds channeled to high schools;(2) identify specific high schoolsreceiving federal funds; and (3) assessthe utilization of the funds by highschools.

Requests for copies of the proposedinformation collection request may beaccessed from http://edicsweb.ed.gov, orshould be addressed to Vivian Reese,Department of Education, 400 MarylandAvenue, SW, Room 4050, RegionalOffice Building 3, Washington, D.C.20202–4651. Requests may also beelectronically mailed to the internetaddress [email protected] orfaxed to 202–708–9346. Please specifythe complete title of the informationcollection when making your request.Comments regarding burden and/or thecollection activity requirements shouldbe directed to Sheila Carey at (202) 708–6287. Individuals who use atelecommunications device for the deaf(TDD) may call the Federal InformationRelay Service (FIRS) at 1–800–877–8339.

Office of Educational Research andImprovement

Type of Review: Revision of acurrently approved collection.

Title: The Blue Ribbon SchoolsProgram (KA).

Frequency: Other: One time.

Affected Public: Not-for-profitinstitutions (primary)

State, Local, or Tribal Gov’t, SEAs orLEAs.

Reporting and Recordkeeping HourBurden:

Responses: 515.Burden Hours: 25750.

Abstract: The Blue Ribbon Schoolsaward is a national school improvementstrategy with a threefold purpose: (1) toidentify and give public recognition tooutstanding public and private schoolsacross the nation; (2) to make availablea comprehensive framework of keycriteria for school effectiveness that canserve as a basis for participatory self-assessment and planning in schools;and (3) to facilitate communication andsharing of best practices within andamong schools based on a commonunderstanding of criteria related tosuccess. The information collected willbe used to determine by peer reviewwhich schools receive the award andinformation on their exemplarypractices and policies will be madeavailable to other schools.

Requests for copies of the proposedinformation collection request may beaccessed from http://edicsweb.ed.gov, orshould be addressed to Vivian Reese,Department of Education, 400 MarylandAvenue, SW, Room 4050, RegionalOffice Building 3, Washington, D.C.20202–4651. Requests may also beelectronically mailed to the internetaddress [email protected] orfaxed to 202–708–9346. Please specifythe complete title of the informationcollection when making your request.Comments regarding burden and/or thecollection activity requirements shouldbe directed to Kathy Axt at (703) 426–9692. Individuals who use atelecommunications device for the deaf(TDD) may call the Federal InformationRelay Service (FIRS) at 1–800–877–8339.



Advisory Committee on StudentFinancial Assistance; Meeting

AGENCY: Advisory Committee onStudent Financial Assistance,Education.ACTION: Notice of upcoming meeting.

SUMMARY: This notice sets forth theschedule and proposed agenda of aforthcoming partially closed meeting ofthe Advisory Committee on StudentFinancial Assistance. Individuals whowill need accommodations for a



disability in order to attend the meeting(i.e., interpreting services, assistivelistening devices, and/or materials inalternative format) should notify Ms.Hope M. Gray at 202–708–7439 or via e-mail at [email protected] no later thanMonday, September 11, 2000. We willattempt to meet requests after this date,but cannot guarantee availability of therequested accommodation. The meetingsite is accessible to individuals withdisabilities. This notice also describesthe functions of the Committee. Noticeof this meeting is required underSection 10(a)(2) of the Federal AdvisoryCommittee Act. This document isintended to notify the general public.DATES AND TIMES: Monday, September25, 2000, beginning at 9:00 a.m. andending at approximately 5:00 p.m.; andTuesday, September 26, 2000, beginningat 8:30 a.m. and ending atapproximately 2:00 p.m.ADDRESSES: The University of Vermont,Waterman Building, Memorial Lounge,85 South Prospect Street, Burlington,Vermont 05405.FOR FURTHER INFORMATION CONTACT:Brian K. Fitzgerald, Staff Director,Advisory Committee on AdvisoryCommittee on Student FinancialAssistance, Portals Building, 1280Maryland Avenue, S.W., Suite 601,Washington, D.C. 20202–7852 (202)708–7439.SUPPLEMENTARY INFORMATION: TheAdvisory Committee on StudentFinancial Assistance is establishedunder Section 491 of the HigherEducation Act of 1965 as amended byPublic Law 100–50 (20 U.S.C. 1098).The Advisory Committee serves as anindependent source of advice andcounsel to the Congress and theSecretary of Education on studentfinancial aid policy. Since its inception,the Committee has been charged withproviding technical expertise withregard to systems of need analysis andapplication forms, makingrecommendations that result in themaintenance of access to postsecondaryeducation for low- and middle-incomestudents; conducting a study ofinstitutional lending in the StaffordStudent Loan Program; assisting withactivities related to the 1992reauthorization of the Higher EducationAct of 1965; conducting a third-yearevaluation of the Ford Federal DirectLoan Program (FDLP) and the FederalFamily Education Loan Program(FFELP) under the Omnibus BudgetReconciliation Act (OBRA) of 1993; andassisting Congress with the 1998reauthorization of the Higher EducationAct.

The congressional mandate requiresthe Advisory Committee to conductobjective, nonpartisan, and independentanalyses on important aspects of thestudent assistance programs under TitleIV of the Higher Education Act. TheCommittee traditionally approaches itswork from a set of fundamental goals:promoting program integrity,eliminating or avoiding programcomplexity, integrating delivery acrossthe Title IV programs, and minimizingburden on students and institutions.

Reauthorization of the HigherEducation Act has provided theAdvisory Committee with a significantlyexpanded agenda in six major areas,such as, Performance-basedOrganization (PBO); Modernization;Technology; Simplification of Law andRegulation; Distance Education; andEarly Information and NeedsAssessment. In each of these areas,Congress has asked the Committee to:monitor progress toward implementingthe Amendments of 1998; conductindependent, objective assessments; andmake recommendations forimprovement to the Congress and theSecretary. Each of these responsibilitiesflow logically from and effectivelyimplements one or more of theCommittee’s original statutory functionsand purposes.

The proposed agenda includes: (a)Discussion sessions on implementingthe provisions of the Higher EducationAmendments of 1998 and their impacton all Title IV programs, in particular,examining the condition of access forlow- and middle-income students in theareas of federal, state and institutionalearly intervention programs,remediation and academic supportservices, and (b) the Committee’s plansfor fiscal year 2001. In addition, otherCommittee business will be addressed.Space is limited and you are encouragedto register early if you plan to attend.You may register through Internet [email protected] [email protected]. Pleaseinclude your name, title, affiliation,complete address (including Internetand e-mail—if available), and telephoneand fax numbers. If you are unable toregister electronically, you may mail orfax your registration information to theAdvisory Committee staff office at (202)401–3467. Also you may contact theAdvisory Committee staff at (202) 708–7439. The registration deadline isFriday, September 15, 2000.

The Advisory Committee will meet inBurlington, Vermont on Monday,September 25, 2000, from 9:00 a.m.until approximately 6:00 p.m., and onTuesday, September 26, from 8:30 a.m.until approximately 2:00 p.m. The

meeting will be closed to the public onSeptember 25, from approximately 4:30p.m. to 6:00 p.m. to discuss personnelmatters. The ensuing discussions willrelate to internal personnel rules andpractices of an agency and will discloseinformation of a personal nature wheredisclosure would constitute a clearlyunwarranted invasion of personalprivacy if conducted in open session.Such matters are protected byexemptions (2) and (6) of Section552(b)(c) of Title 5 U.S.C. A summary ofthe activities at the closed session andrelated matters which are informative tothe public consistent with the policy ofTitle 5 U.S.C. 552(b) will be available tothe public within fourteen days after themeeting.

Records are kept of all Committeeproceedings, and are available for publicinspection at the Office of the AdvisoryCommittee on Student FinancialAssistance, Portals Building, 1280Maryland Avenue, S.W., Suite 601,Washington, D.C. from the hours of 9:00a.m. to 5:30 p.m., weekdays, exceptFederal holidays.

Dated: August 21, 2000.Brian K. Fitzgerald,Staff Director, Advisory Committee onStudent Financial Assistance.[FR Doc. 00–21720 Filed 8–24–00; 8:45 am]BILLING CODE 4000–01–M

DEPARTMENT OF ENERGY

Notice of Availability of Solicitation

AGENCY: Albuquerque OperationsOffice, Department of Energy.ACTION: Notice of availability ofsolicitation—natural gas vehicle exhaustparticle sampling study.

SUMMARY: The U.S. Department ofEnergy (DOE), Albuquerque OperationsOffice (AL), is seeking applications forresearch and development for naturalgas-powered vehicle exhaust particlesampling study. Through thissolicitation, DOE seeks to measurerepresentative particle size distributionsof both light-duty and heavy-dutynatural gas powered vehicle exhaustand collect samples of toxicitysampling. A DOE technical panel willperform a scientific and engineeringevaluation of each responsiveapplication to determine the merit of theapproach. DOE anticipates issuing oneor more financial assistance instrumentsfrom this solicitation. A maximum of$500,000 of DOE funding is anticipatedto be available. Cost sharing by theapplicant is desired.DATE: Applications are to be received nolater than 3 p.m. local prevailing time



on October 2, 2000. Any applicationreceived after the due date will not beevaluated.FOR FURTHER INFORMATION CONTACT:Erwin E. Fragua, Contract Specialist,DOE/AL, at (505) 845–6442 or by e-mailat [email protected] INFORMATION: Thesolicitation will be available on theinternet on or about August 23, 2000 atthe following web site: http://www.doeal.gov/cpd/default.htm.Applications must be prepared andsubmitted in accordance with theinstructions and forms contained in thesolicitation. For profit and not-for-profitorganizations, state and localgovernments, Indian tribes, andinstitutions of higher learning areeligible for awards under thissolicitation. Collaboration betweenindustry, industry organizations, anduniversities are encouraged.

Issued in Albuquerque, New MexicoAugust 18, 2000.Martha L. Youngblood,Contracting Officer, Complex SupportBranch, Contracts and Procurement Division.[FR Doc. 00–21755 Filed 8–24–00; 8:45 am]BILLING CODE 6450–01–P


Office of Science; Office of ScienceFinancial Assistance Program Notice00–19: Outstanding Junior InvestigatorProgram

AGENCY: Department of Energy (DOE).ACTION: Notice inviting grantapplications.

SUMMARY: The Division of High EnergyPhysics of the Office of Science (SC),U.S. Department of Energy, herebyannounces its interest in receiving grantapplications for support under itsOutstanding Junior Investigator (OJI)Program. Applications should be fromtenure-track faculty investigators whoare currently involved in experimentalor theoretical high energy physics oraccelerator physics research, and shouldbe submitted through a U.S. academicinstitution. The purpose of this programis to support the development ofindividual research programs ofoutstanding scientists early in theircareers. Awards made under thisprogram will help to maintain thevitality of university research and assurecontinued excellence in the teaching ofphysics.DATES: To permit timely considerationfor award in fiscal year 2001, formalapplications submitted in response tothis notice should be received beforeNovember 1, 2000.

ADDRESSES: Completed formalapplications referencing Program Notice00–19 should be forwarded to: U.S.Department of Energy, Office of Science,Grants and Contracts Division, SC–64,19901 Germantown Road, Germantown,Maryland 20874–1290, ATTN: ProgramNotice 00–19. The above address mustalso be used when submittingapplications by U.S. Postal ServiceExpress Mail, any other commercialmail delivery service, or when handcarried by the applicant. An originaland seven copies of the applicationmust be submitted. Due to theanticipated number of reviewers, itwould be helpful for each applicant tosubmit an additional four copies of theapplication.FOR FURTHER INFORMATION CONTACT:Jeffrey Mandula, Division of HighEnergy Physics, SC–221 (GTN), U.S.Department of Energy, 19901Germantown Road, Germantown,Maryland 20874–1290. Telephone: (301)903–4829. E-Mail:[email protected] INFORMATION: TheOutstanding Junior Investigator programwas started in 1978 by the Departmentof Energy’s Office of Energy Research. Aprincipal goal of this program is toidentify exceptionally talented new highenergy physicists early in their careersand assist and facilitate thedevelopment of their research programs.Eligibility for awards under this noticeis therefore restricted to non-tenuredinvestigators who are conductingexperimental or theoretical high energyphysics or accelerator physics research.Since its debut, the program hasinitiated support for between five andten new Outstanding JuniorInvestigators each year. The programhas been very successful andcontributes importantly to the vigor ofthe U.S. High Energy Physics program.Applicants should request supportunder this notice for normal researchproject costs as required to conducttheir proposed research activities. Thefull range of activities currentlysupported by the Division of HighEnergy Physics is eligible for supportunder this program.

The DOE expects to make five to tengrant awards in fiscal year 2001 to meetthe objectives of this program. It isanticipated that approximately $400,000will be available in fiscal year 2001,subject to availability of appropriatedfunds. In the past, awards have averaged$50,000 per year, with the number ofawards determined by the number ofexcellent applications and the totalfunds available for this program.Multiple year funding of grant awards is

expected, including renewal beyond theinitial project period, as long as therecipient’s tenure status is unchanged.Funding will be provided on an annualbasis subject to availability of funds.

Applications will be subjected toscientific merit review (peer review) andwill be evaluated against the followingcriteria, which are listed in descendingorder of importance as set forth in 10CFR Part 605.10(d):

1. Scientific and/or technical merit ofthe project;

2. Appropriateness of the proposedmethod or approach;

3. Competency of applicant’spersonnel and adequacy of proposedresources; and

4. Reasonableness andappropriateness of the proposed budget.

General information aboutdevelopment and submission ofapplications, eligibility, limitations,evaluations and selection processes, andother policies and procedures arecontained in the Application Guide forthe Office of Science FinancialAssistance Program and 10 CFR Part605. Electronic access to the applicationguide and required forms is available onthe World Wide Web at: http://www.er.doe.gov/production/grants/grants.html

The Catalog of Federal DomesticAssistance Number for this program is81.049, and the solicitation control number isERFAP 10 CFR Part 605.

Issued in Washington, DC on August 11,2000.John Rodney Clark,Associate Director of Science for ResourceManagement, Office of Science.[FR Doc. 00–21756 Filed 8–24–00; 8:45 am]BILLING CODE 6450–01–P


Bonneville Power Administration

Tanner Electric Transmission LineProject

AGENCY: Bonneville PowerAdministration (BPA), Department ofEnergy (DOE).ACTION: Finding of No SignificantImpact (FONSI) and FloodplainStatement of Findings.

SUMMARY: Bonneville PowerAdministration (BPA) proposes toconstruct 7 kilometers (4.5 miles) ofnew 115-kilovolt (kV) transmission linein King County, Washington, whichwould supply a new substation to bebuilt by its customer, Tanner ElectricCooperative (Tanner). BPA has preparedan Environmental Assessment (EA)



(DOE/EA–1328) evaluating the proposedproject. Based on the analysis in the EA,BPA has determined that the proposedaction is not a major federal actionsignificantly affecting the quality of thehuman environment, within themeaning of the National EnvironmentalPolicy Act (NEPA) of 1969. Therefore,the preparation of an EnvironmentalImpact Statement (EIS) is not required,and BPA is issuing this FONSI.ADDRESSES: For copies of this FONSI orthe EA (which contains the FONSI),please call BPA’s toll-free documentrequest line: 800–622–4520. It is alsoavailable on the internet atwww.efw.bpa.gov.FOR FURTHER INFORMATION, CONTACT:Gene Lynard, KECN–4, BonnevillePower Administration, P.O. Box 3621,Portland, Oregon 97208–3621, phonenumber 503–230–3790, fax number503–230–5699, [email protected] INFORMATION: BPAproposes to construct 7 kilometers (4.5miles) of new 115-kV transmission linein unincorporated King County and inthe City of North Bend, Washington. Asa connected action, Tanner wouldconstruct a 115/12.5-kV substation inthe City of North Bend, Washington,which would receive power from BPA’sproposed transmission line. BPA isresponding to the need to supplyreliable electricity to meet current andfuture loads of its full requirementscustomer, Tanner.

Local government planning agencies,as well as individual citizens, arestrongly interested in the project.Concerns have primarily focused on thevisual impacts that would be related toclearing of trees and other vegetation.Specific areas of concern includelocations along SE 356th Avenue,adjacent to the Snoqualmie RidgeBusiness Park, within the I–90 right-of-way (a National Scenic Byway), andalong North Bend Way. These concernsled to consideration of a number ofdifferent route segments duringdevelopment of alternatives and tomodification of line locationsthroughout the planning phase.

Two major alternative plans wereidentified and are addressed in the EA(Chapter 2). Briefly, they are as follows:

• Proposed Action: BPA wouldconstruct a new 7-kilometer (4.5-mile),115-kV single-circuit electric powertransmission line in unincorporatedKing County and in the City of NorthBend, Washington, to be energized inthe fall of 2001. As a connected action,Tanner would construct a 115-kV/12.5-kV substation in North Bend,Washington, which would be supplied

by the new line. The new line would tapPuget Sound Energy’s (Puget’s)Snoqualmie-Lake Tradition No. 1transmission line and would besupported on a combination of singlewood pole structures and H-frame woodpole structures that could accommodatea Puget distribution line, if necessary.

• No Action Alternative: BPA wouldnot construct the new transmission line.It is likely, however, that another entity,probably Puget, would do so, becausethe need to supply growing electricalloads in the area would still exist. Ifanother entity were to build the line, theimpacts of the No Action Alternativemight be similar to the proposal innature and intensity. However, if nofacilities were constructed, impactswould be limited to the socioeconomiceffects of not supplying electricitydemands, including deterioratingservice to electricity customers.

In addition, eight route variations anda proposal to place a portion of the lineunderground were considered andeliminated for a variety of reasons,including costs and/or environmentalimpacts that were higher than theproposed action. Table 2 in the EAsummarizes the impacts of the proposedaction.

BPA has determined, based on thecontext and intensity of these impacts,that with mitigation, they are notsignificant, using the definition of thisconcept in Section 1508.27 of theCouncil on Environmental QualityRegulations for implementing theNational Environmental Policy Act.This determination is based on thefollowing discussion of each point listedin Section 1508.27:

1. The project would benefit electricalcustomers in the area by meeting theshort-term needs of Tanner and thelong-term needs of both Tanner andPuget. The project would also benefitthe environment by providing one set offacilities (one transmission line, onesubstation, and one distribution line)that meet the customer service needs ofthree utilities in the area, an example ofone-utility planning. In doing so, theviews from some residences and roadswill change noticeably, but the effectswould be mitigated below the level ofsignificance.

2. Implementation of the proposedaction would not affect the health andsafety of the people of the North Bend/Snoqualmie area. As documented inSections 3.11, 4.5.2, and 4.5.3 of the EA,the transmission line and substationwould be constructed in accordancewith the National Electrical Safety Codeand state and local safety requirements.Section 3.11 demonstrates that theproject would not significantly increase

exposure or health risk from electric ormagnetic fields.

3. The proposed transmission line andsubstation would cross or be inenvironmentally sensitive areas,including wetlands and a NationalScenic Byway. Specifically:

a. The new transmission line wouldparallel I–90, designated a NationalScenic Byway, for 1 kilometer (0.6 mile)(EA, Section 3.8.2). The line wouldcreate low to moderate impacts to thosetravelling on I–90, depending on viewersensitivities. The line would not becomethe dominant view to either eastboundor westbound motorists: the dominantviews in both directions are ofmountains and foothills. The followingfactors also would limit visual impactsto I–90 motorists:

• the line’s relatively small size (115-kV);

• the line’s limited length within thehighway right-of-way (1 kilometer [0.6mile]);

• the use of natural materials (woodpoles) in a single-pole design;

• the relative speed of viewers (60–70miles per hour);

• the curvilinear shape of the freewayin this area;

• the vegetative buffer between theline and the highway; and

• the planting of trees and othervegetation to screen the right-of-wayfrom public view.

Therefore, the impacts to the NationalScenic Byway would not be significant.

b. The new transmission line wouldcross a number of small wetlands andone large one (EA, Section 3.6.2). Untilproject design is finalized, the exactlocations of transmission structures andaccess roads are unknown. However,most wetlands crossed are narrow andwill be spanned where practical.Impacts would be related primarily toremoval of tall trees from wetlands andassociated buffers. Any vegetation thatwould need to be removed would be leftin the sensitive area as wildlife habitat.Should any access roads be constructedin wetlands, BPA would acquire thenecessary permits through the U.S.Army Corps of Engineers. Bestmanagement practices would be used toprevent erosion and runoff and to avoidadversely affecting the wetlands andtheir resources.

The proposed alignment bisects thelarge palustrine scrub-shrub andforested wetland associated withKimball Creek for about 0.8 kilometer(0.5 mile). However, the line would belocated on existing fill within the NorthBend Way right-of-way, which alreadybisects the wetland, and no structureswould be placed in the wetland. Impactwould be limited to removal of a few



tall trees from the wetland to maintainline safety and reliability. Becauseexisting access is in place, no new roadswould be constructed in the wetland.Therefore, impacts to this wetlandwould result in no net loss of wetlandsand would not be significant.

The actions proposed would not affectother unique characteristics of thegeographic area, such as wild and scenicrivers, prime farmland, or park lands, asthere are none present in the immediateproject vicinity. Although there is acultural resource within the projectarea, the Seattle Lake Shore and EasternRailway (owned and operated by theSnoqualmie Valley Railroad), theproposed action would not compromiseits present use for tourism nor adverselyaffect the railroad as a potentialNational Register-eligible culturalresource.

4. There are no extraordinarycircumstances related to the proposalthat may affect the significance of theenvironmental effects of the proposal.Although interest in the proposedproject has been high from its inception,BPA has addressed all of the commentsreceived during the 30-day reviewperiod of the Preliminary EA, and hasmade revisions to the document wherenecessary. Included in the commentsreceived were comments from KingCounty and the cities of North Bend andSnoqualmie; however, no commentswere received from the State ofWashington. During the 30-daycomment period on the Preliminary EA,BPA held an open house in the City ofNorth Bend. The BPA project team andrepresentatives of Tanner Electric andPuget Power attended to address anyconcerns, provide information, and totake input that would be addressed inthe Final EA. Nine people attended theopen house.

5. The impacts of the proposed actionare not significant due to the degree ofhighly uncertain, unique, or unknownrisks. BPA has been constructingtransmission lines since the 1930s. Theproject design is not unique, so it wouldnot create unique risks. The impacts ofthe new line and corridor can bepredicted with a high degree ofcertainty. While recommendingcontinued research into the healtheffects of magnetic fields, prominentscientific authorities, including theNational Academy of Sciences and theNational Institute of EnvironmentalHealth Sciences, have concluded that:‘‘The data at different biologicalcomplexities taken in total do notprovide convincing evidence thatelectric and magnetic fields [EMF]experienced in residential environmentsare carcinogenic’’ and that while EMF

exposure ‘‘cannot be recognized asentirely safe,’’ the evidence for risk tocancer and other diseases was ‘‘weak’’and the probability that EMF exposureis a health hazard is ‘‘small’’ and ‘‘* * *insufficient to warrant aggressiveregulatory concerns.’’ In any event, theproject either would not increaseelectromagnetic fields for somesegments, or would not increaseexposures because no residences orother occupied buildings would be closeenough to experience the increasedlevels (EA, Section 3.11.2).

6. The actions proposed are notrelated to other actions withindividually insignificant butcumulatively significant impacts, norwould they establish a precedent forfuture actions with significant effects orrepresent a decision in principle abouta future consideration. The only futureaction that depends on this one isPuget’s potential underbuild of adistribution line on the new polesproposed for this project. However, theEA included an assessment of the effectsof that potential underbuild, includingthe visual effects and changes toelectromagnetic fields. Therefore, BPA’sdetermination of no significant impactincludes the impacts of the potentialfuture underbuild.

7. There are no sites listed on oreligible for the National Register ofHistoric Places at or near any facilitylocation. Although the SnoqualmieValley Railroad right-of-way may beeligible for listing due to its age, theproposed transmission line would notadversely affect the facility as apotential National Register-eligiblecultural resource. The State HistoricPreservation Officer concurs with thisdetermination (EA, Section 3.10.2).

8. No federally listed threatened orendangered plants fall within any of thefour townships within which the projectis located (EA, Section 3.5.1) and no fishor wildlife species listed under theEndangered Species Act, or their criticalhabitats, are found within 3 kilometers(2 miles) of the project area, so nonewould be affected (EA, Section 3.7.1).

9. The actions proposed would notthreaten to violate federal, state, or locallaw or requirements imposed for theprotection of the environment. Thefollowing permit may be required andwill be obtained, as needed: CleanWater Act Section 404 permit (U.S.Army Corps of Engineers). Finaldeterminations regarding the need forpermits will be made after projectparticipants complete final design.

Floodplain Statement of Findings:This is a Floodplain Statement ofFindings prepared in accordance with10 CFR Part 1022. A Notice of

Floodplain and Wetlands Involvementwas published in the Federal Registeron February 24, 2000, and impacts tofloodplains and wetlands were assessedin the EA (Section 3.6). The proposedroute crosses the 100-year floodplainadjacent to Kimball Creek, where itwould be located on existing fill.Though no structures are proposed to beplaced within the 100-year floodplain, ifany were, they would be designed towithstand flooding, not impedeexpected flows, and preventaccumulation of flood debris. Theproject would not increase the chance offlooding or flood-related damage.Though several route variations wereconsidered, lower-impact, reasonable-cost alternatives that would avoid thefloodplain were not found.

Although the substation itself wouldbe outside the 100-year floodplain,construction for footings would removerelatively porous soil below the 100-year flood elevation and replace it withless porous concrete footings and gravel.Because of the fill that would be placedbelow the flood elevation, Tanner isrequired to compensate for the resultingloss of water storage capacity on a one-for-one basis. To satisfy thisrequirement, Tanner will remove soilover an area approximately 46 meters(150 feet) by 44 meters (145 feet) by 26centimeters (13 inches) deep, yielding avolume of soil totaling 667 cubic meters(873 cubic yards). The amount ofmaterial removed by the excavationwould make up for the storage capacitylost by substation construction. Theexcavated soil will be placed outside ofthe floodplain to avoid additionalimpacts. Increases in run-off andstreamflows due to project clearing andaccess road construction are expected tobe minor. Overall, the proposed projectwould not adversely affect human life,property, or natural floodplain values.

The actions proposed would conformto applicable state and local floodplainprotection standards. Although theproposed transmission line would crossthe 100-year floodplain of KimballCreek, the transmission line would bewithin the North Bend Way right-of-way, above the base flood elevation ofthe 100-year floodplain.

The steps to be taken to avoid orminimize potential harm to or withinthe affected floodplains include:

• In sensitive areas, disturbed landwould be restored as closely as possibleto pre-project contours and replantedwith native and local species.

• Transmission poles will be placedto avoid impacts to wetlands andfloodplains. Wetlands would bespanned where practical.



• Best management practices wouldbe employed to control erosion and run-off and to avoid adversely affectingfloodplains.

• Manual methods would beemployed to remove trees or vegetationdetermined to be a hazard totransmission line safety and reliability.

• At the substation site, Tannerwould remove soil from below the baseflood elevation associated with GardinerCreek. Tanner would deposit theexcavated soil in uplands.

BPA will endeavor to allow 15 daysof public review after publication of thisstatement of findings beforeimplementing the selected alternative.

Determination: Based on theinformation in the EA, as summarizedhere, BPA determines that the actionsproposed, as described and analyzed,are not major federal actionssignificantly affecting the quality of thehuman environment within the meaningof NEPA, 42 U.S.C. 4321 et seq.Therefore, an environmental impactstatement will not be prepared, and BPAis issuing this FONSI.

Issued in Portland, Oregon, on August 15,2000.Alexandra B. Smith,Vice President, Environment, Fish andWildlife.[FR Doc. 00–21754 Filed 8–24–00; 8:45 am]BILLING CODE 6450–01–P


Federal Energy RegulatoryCommission

[Docket No. EL00–62–008, et al.]

ISO New England Inc., et al.; ElectricRate and Corporate Regulation Filings

August 21, 2000.Take notice that the following filings

have been made with the Commission:

1. ISO New England Inc.

[Docket No. EL00–62–008]

Take notice that on August 16, 2000,the New England Power Pool (NEPOOL)Participants Committee tendered forfiling additional information relating toits July 28, 2000, filing in the abovecaptioned docket. This supplementalinformation updates the voting resultsset forth in NEPOOL’s July 28, 2000filing.

The NEPOOL Participants Committeestates that copies of these materials weresent to all persons identified on theservice lists in the above captioneddocket, the NEPOOL Participants andthe six New England state governors andregulatory commissions.

Comment date: September 20, 2000,in accordance with Standard ParagraphE at the end of this notice.

2. MC Energy Partners, L.P.

[Docket No. EG00–244–000]

Take notice that on August 16, 2000,MC Energy Partners, L.P., a Texaslimited partnership, with its principaloffice located at 101 Ash Street, SanDiego, California 92101, tendered forfiling with the Federal EnergyRegulatory Commission (Commission)an Application for determination ofexempt wholesale generator statuspursuant to Part 365 of theCommission’s Regulations and Section32 of the Public Utility HoldingCompany Act of 1935, as amended.Applicant is a Texas limited partnershipthat will be engaged directly andexclusively in operating anapproximately 500 MW natural gas-fueled, electric generating facility (theFacility) located in Montgomery County,Texas, approximately three miles southof the City of Dobbin, Texas (about 40miles north of Houston) and sellingenergy at wholesale from the Facility.

Comment date: September 11, 2000,in accordance with Standard ParagraphE at the end of this notice. TheCommission will limit its considerationof comments to those that concern theadequacy or accuracy of the application.

3. Cedar Power Partners, L.P.

[Docket No. EG00–245–000]

Take notice that on August 16, 2000,Cedar Power Partners, L.P., a Texaslimited partnership, with its principaloffice located at 101 Ash Street, SanDiego, California 92101, tendered forfiling with the Federal EnergyRegulatory Commission (Commission)an Application for determination ofexempt wholesale generator statuspursuant to Part 365 of theCommission’s Regulations and Section32 of the Public Utility HoldingCompany Act of 1935, as amended.Applicant is a Texas limited partnershipthat will be engaged directly andexclusively in operating anapproximately 500 MW natural gas-fueled electric generating facility (theFacility) located in Liberty County, eightmiles west of the City of Dayton, Texas(about 36 miles northeast of Houston),and selling energy at wholesale from theFacility.

Comment date: September 11, 2000,in accordance with Standard ParagraphE at the end of this notice. TheCommission will limit its considerationof comments to those that concern theadequacy or accuracy of the application.

4. Sierra Pacific Power Company

[Docket No. ER00–3420–000]

Take notice that on August 16, 2000,Sierra Pacific Power Company (Sierra)tendered for filing AmendatoryAgreement No. 2 to AmendatoryAgreement No. 1 between BonnevillePower Administration and Sierra PacificPower Company for transfer service toWells Rural Electric Company.

Sierra states that the AmendatoryAgreement No. 2 establishes the pointsof delivery together with theirmaximum demands, changes the pointof replacement under the AgreementNo. 1 from Midpoint to Hilltop,provides for total transfer capacity in anamount not to exceed 110 MW for boththis Amendatory Agreement No. 2 andan Agreement between BonnevillePower Administration and Sierra fortransfer service to Harney ElectricCooperative, Inc., and provides for aforecast of monthly peak load whichforms the basis for calculation of theminimum transfer payment. Sierrarequests the Commission permit theAmendatory Agreement No. 2 to bemade effective July 5, 2000.

Copies of this filing were served uponthe Public Utilities Commission ofNevada, the Public Utilities Commissionof California, and the Nevada Bureau ofConsumer Protection and BonnevillePower Administration.

Comment date: September 6, 2000, inaccordance with Standard Paragraph Eat the end of this notice.

5. AEP Power Marketing, Inc.; AEPService Corporation; CSW PowerMarketing, Inc; CSW Energy Services,Inc; Central and South West Services,Inc.

[Docket Nos. ER96–2495–015, ER97–4143–003, ER97–1238–010, ER98–2075–009, andER98–542–005]

Take notice that on August 16, 2000,AEP Power Marketing, Inc.; AEP ServiceCorporation, on behalf of the AEPoperating companies; CSW PowerMarketing, Inc.; CSW Energy Services,Inc.; and Central and South WestServices, Inc., on behalf of the CSWoperating companies, jointly tenderedfor filing with the Federal EnergyRegulatory Commission an updatedmarket power analysis. This filingfulfills a commitment made in DocketNo. ER96–2495–012 to file an updatedmarket power analysis 60 days afterconsummation of the merger ofAmerican Electric Power Corporationand Central and South WestCorporation. The filing also serves asthe triennial updated market poweranalysis in Docket Nos. ER97–4143,



ER98–2075, and ER98–542, as well asthe deferred updated market poweranalysis in Docket No. ER97–1238. Inaddition, the companies request that theCommission synchronize their futuretriennial market power updates.


6. Carolina Power & Light Company

[Docket No. ER00–3421–000]

Take notice that on August 16, 2000,Carolina Power & Light Company(CP&L), tendered for filing a ServiceAgreement for Short-Term Firm Point-to-Point Transmission Service withAmerada Hess Corporation. Service tothis Eligible Customer will be inaccordance with the terms andconditions of Carolina Power & LightCompany’s Open Access TransmissionTariff.

CP&L is requesting an effective date ofJuly 18, 2000 for this Agreement.

Copies of the filing were served uponthe North Carolina Utilities Commissionand the South Carolina Public ServiceCommission.


7. Cinergy Services, Inc.

[Docket No. ER00–3422–000]

Take notice that on August 16, 2000,Cinergy Services, Inc. on behalf of itsOperating Company affiliates, TheCincinnati Gas & Electric Company andPSI Energy, Inc. (COC), tendered forfiling an executed service agreementbetween COC and Southern CompanyEnergy Marketing L.P. (SCEM) replacingthe unexecuted service agreement filedon October 25, 1997 under Docket No.ER98–847–000 per COC FERC ElectricMarket-Based Power Sales Tariff,Original Volume No. 7–MB.

COC is requesting an effective date ofOctober 29, 1997 and the same RateDesignation as per the original filing.


8. California Independent SystemOperator Corporation

[Docket No. ER00–3423–000]

Take notice that on August 16, 2000,the California Independent SystemOperator Corporation (ISO), tendered forfiling a Meter Service Agreement forScheduling Coordinators between theISO and Cucamonga ElectricCorporation for acceptance by theCommission.

The ISO states that this filing has beenserved on Cucamonga Electric

Corporation and the California PublicUtilities Commission.

The ISO is requesting waiver of the60-day notice requirements to allow theMeter Service Agreement to be madeeffective as of July 31, 2000.


9. Sierra Pacific Power Company

[Docket No. ER00–3425–000]Take notice that on August 16, 2000,

Sierra Pacific Power Company (Sierra),tendered for filing an AmendatoryAgreement to an Agreement betweenBonneville Power Administration andSierra Pacific Power Company fortransfer to Harney Electric Cooperative.

Sierra states that the AmendatoryAgreement changes the point ofreplacement under the Agreement fromMidpoint to Hilltop, provides for totaltransfer capacity in an amount not toexceed 110 MW for both this Agreementand an Agreement between BonnevillePower Administration and Sierra fortransfer service to Wells Rural ElectricCompany, and provides for a forecast ofmonthly peak load which forms thebasis for calculation of the minimumtransfer payment.

Sierra requests the Commissionpermit the Amendatory Agreement to bemade effective July 5, 2000.

Copies of this filing were served uponthe Public Utilities Commission ofNevada, the Public Utilities Commissionof California, and the Nevada Bureau ofConsumer Protection and BonnevillePower Administration.


10. Central Illinois Light Company


Central Illinois Light Company (CILCO),300 Liberty Street, Peoria, Illinois,61602, tendered for filing with theCommission an Index of CustomersUnder its Market Rate Power SalesTariff and one service agreement withone new customer, Public ServiceCompany of Colorado.

CILCO requested an effective date ofAugust 16, 2000.

Copies of the filing were served on theaffected customer and the IllinoisCommerce Commission.


11. Central Illinois Light Company


Central Illinois Light Company (CILCO),

300 Liberty Street, Peoria, Illinois,61602, tendered for filing with theCommission a substitute Index ofCustomers Under its Coordination SalesTariff and one service agreement withone new customer, Public ServiceCompany of Colorado.

CILCO requested an effective date ofAugust 16, 2000.

Copies of the filing were served on theaffected customer and the IllinoisCommerce Commission.


12. Central Power and Light Company;West Texas Utilities Company; PublicService Company of Oklahoma;Southwestern Electric Power Company


Central Power and Light Company(CPL), tendered for filing anInterconnection Agreement betweenCPL and Formosa Utility Venture, Ltd.(Formosa) dated May 30, 2000. Inaddition, CPL, West Texas UtilitiesCompany (WTU), Public ServiceCompany of Oklahoma (PSO) andSouthwestern Electric Power Company(SWEPCO) (collectively, the AEP WestOperating Companies) submitted forfiling a service agreement under whichFormosa will take ancillary servicesunder Part IV of the Open AccessTransmission Service Tariff underwhich the AEP West OperatingCompanies offer ancillary services.

The AEP West Operating Companiesrequest that the InterconnectionAgreement be accepted to becomeeffective as of May 30, 2000, and thatthe service agreement be accepted tobecome effective as of August 17, 2000.Accordingly, the AEP West OperatingCompanies request waiver of theCommission’s notice requirements.

CPL states that a copy of the filingwas served on Formosa and the PublicUtility Commission of Texas.


Standard ParagraphsE. Any person desiring to be heard or

to protest such filing should file amotion to intervene or protest with theFederal Energy Regulatory Commission,888 First Street, N.E., Washington, D.C.20426, in accordance with Rules 211and 214 of the Commission’s Rules ofPractice and Procedure (18 CFR 385.211and 385.214). All such motions orprotests should be filed on or before thecomment date. Protests will beconsidered by the Commission indetermining the appropriate action to be



taken, but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partymust file a motion to intervene. Copiesof these filings are on file with theCommission and are available for publicinspection. This filing may also beviewed on the Internet at http://www.ferc.fed.us/online/rims.htm (call202–208–2222 for assistance).

Linwood A. Watson, Jr.,Acting Secretary.[FR Doc. 00–21702 Filed 8–24–00; 8:45 am]BILLING CODE 6717–01–P



[Docket No. ER00–2485–001, et al.]

New England Power Pool, et al.;Electric Rate and Corporate RegulationFilings

August 18, 2000.Take notice that the following filings

have been made with the Commission:

1. New England Power Pool


the New England Power Pool(NEPOOL), tendered for filing the Sixty-First Agreement Amending the RestatedNEPOOL Agreement in response torequirements of the Commission’s July12, 2000 order in Docket No. ER00–2485–000, New England Power Pool, 92FERC ¶ 61,020 (2000) concerningNEPOOL’s proposed System Restorationand Planning Service.

In accordance with the requirementsof that order, NEPOOL has noted aneffective date of September 1, 1998.

The NEPOOL Participants Committeestates that copies of these materials weresent to all persons identified on theservice lists in the captionedproceedings, the NEPOOL Participantsand the six New England state governorsand regulatory commissions.


2. Delmarva Power & Light Company,Conectiv Delmarva Generation, Inc.,Atlantic City Electric Company,Conectiv Atlantic Generation, LLC andConectiv Energy Supply, Inc.

[Docket Nos. ER00–1770–001, ER00–3322–001]

Take notice that on August 14, 2000,Conectiv made a filing on behalf of itssubsidiaries Delmarva Power & LightCompany (Delmarva), Conectiv

Delmarva Generation, Inc. (CDG),Atlantic City Electric Company(Atlantic), Conectiv Atlantic Generation,LLC (CAG) and Conectiv Energy Supply,Inc., (CESI). Through this filing,Conectiv corrects an inadvertent error inthe clean and redlined tariff sheets forCESI, CAG and CDG.

Copies of the filing were served uponDelmarva’s wholesale requirementscustomers and the Maryland People’sCounsel, Maryland Public ServiceCommission, Delaware Public ServiceCommission, New Jersey Public ServiceCommission and the Virginia StateCorporation Commission.


3. Potomac Electric and PowerCompany


Potomac Electric Power Company(PEPCO), tendered for filing an executednetting agreement between PEPCO andTractebel Energy Marketing, Inc., (theCounterparty).

A copy of the filing was served uponthe Counterparty.


4. Illinois Power Company

[Docket No. ER00–3419–000]Take notice that, on August 15, 2000,

Illinois Power Company (IllinoisPower), 500 South 27th Street, Decatur,Illinois 62521, tendered for filingupdated specification pages to theexisting Service Agreement for NetworkIntegration Transmission Service underwhich The Cincinnati Gas & ElectricCompany (CG&E), an Ohio Corporation,PSI Energy, Inc., and Cinergy Services,Inc. (collectively Cinergy OperatingCompanies) and Cinergy Services, Inc.,as agent for and on behalf of the CinergyOperating Companies. The agreementsare based on the Forms of ServiceAgreement in Illinois Power’s OpenAccess Transmission Tariff and wereoriginally filed in Docket No. ER97–3558–000.

Illinois Power has requested aneffective date of July 30, 2000.


Standard ParagraphsE. Any person desiring to be heard or

to protest such filing should file amotion to intervene or protest with theFederal Energy Regulatory Commission,888 First Street, N.E., Washington, D.C.20426, in accordance with Rules 211

and 214 of the Commission’s Rules ofPractice and Procedure (18 CFR 385.211and 385.214). All such motions orprotests should be filed on or before thecomment date. Protests will beconsidered by the Commission indetermining the appropriate action to betaken, but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partymust file a motion to intervene. Copiesof these filings are on file with theCommission and are available for publicinspection. This filing may also beviewed on the Internet at http://www.ferc.fed.us/online/rims.htm (call202–208–2222 for assistance).

Linwood A. Watson, Jr.,Acting Secretary.[FR Doc. 00–21701 Filed 8–24–00; 8:45 am]BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTIONAGENCY

[FRL–6857–9]

Agency Information CollectionActivities; Submission for OMBReview; Comment Request; QualityAssurance Specification andRequirements

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice.

SUMMARY: In compliance with thePaperwork Reduction Act (44 U.S.C.3501 et seq.), this document announcesthat the following InformationCollection Request (ICR) has beenforwarded to the Office of Managementand Budget (OMB) for review andapproval: Title OMB Control Number2060–0033, expiration date 8/31/2000.The ICR describes the nature of theinformation collection and its expectedburden and cost; where appropriate, itincludes the actual data collectioninstrument.

ADDRESSES: Send comments, referencingEPA ICR No. 0866.06 and OMB ControlNo. 2080–0033, to the followingaddresses: Sandy Farmer, U.S.Environmental Protection Agency,Collection Strategies Division (MailCode 2822), 1200 Pennsylvania Avenue,NW., Washington, DC 20460; and toOffice of Information and RegulatoryAffairs, Office of Management andBudget (OMB), Attention: Desk Officerfor EPA, 725 17th Street, NW.,Washington, DC 20503.DATES: Comments must be submitted onor before September 25, 2000.



FOR FURTHER INFORMATION CONTACT:Sandy Farmer at EPA by phone at (202)260–2740, by e-mail [email protected] or download acopy of the ICR off the Internet at http://www.epa.gov/icr and refer to EPA ICRNo. 0866.06.SUPPLEMENTARY INFORMATION:

Title: Quality Assurance Specificationand Requirements, OMB ControlNumber 2060–0033, EPA ICR Number0866.06, expiration date August 31,2000. This is a request for extension ofa currently approved collection.

Abstract: This ICR covers the qualityassurance (QA) paperwork burden thatappears at 40 CFR 30.54, 40 CFR 31.45,and 40 CFR 35.260 and 35.6055. Theseare subsections from 40 CFR Part 30—Grants and Agreements with Institutionsof Higher Education, Hospitals, andOther Non-Profit Organizations, 40 CFRPart 31—Uniform AdministrativeRequirements for Grants andCooperative Agreements to State andLocal Governments, and 40 CFR Part35—State and Local Assistance. Theinformation collection activity involvesthe development and implementation ofquality assurance practices consisting ofpolicies, procedures, specifications,standards, and documentation sufficientto produce data of quality adequate tomeet project objectives and to minimizeloss of data due to out-of-controlconditions or malfunctions.Specifically, this refers to thepreparation of QA management andproject plans. The quality system of therecipient of 40 CFR Part 30 assistancemust comply with the requirements ofANSI/ASQC E4, ‘‘Specifications andGuidelines for Quality Systems forEnvironmental Data Collection andEnvironmental Technology Programs.’’A clarifying statement for allorganizations receiving EPA financialassistance under 40 CFR Part 31 and 40CFR Part 35 has been issued by theOffice of Grants and Debarment. Thisclarifying statement defines Agency-wide criteria for meeting therequirements under the applicable CFRsand is consistent with Agency policysince 1988. It cites the ANSI/ASQC E4as a national consensus standard thatapplies to all recipients. All QAsubmissions are reviewed and approvedby an EPA certified project officer and/or a designated quality assuranceofficer.

An agency may not conduct orsponsor, and a person is not required torespond to, a collection of informationunless it displays a currently valid OMBcontrol number. The OMB controlnumbers for EPA’s regulations are listedin 40 CFR part 9 and 48 CFR Chapter

15. The Federal Register documentrequired under 5 CFR 1320.8(d),soliciting comments on this collectionof information was published on March21, 2000 (65 FR 15149); no commentswere received.

Burden Statement: The annual publicreporting and recordkeeping burden forthis collection of information isestimated to average 85 hours perresponse. Burden means the total time,effort, or financial resources expendedby persons to generate, maintain, retain,or disclose or provide information to orfor a Federal agency. This includes thetime needed to review instructions;develop, acquire, install, and utilizetechnology and systems for the purposesof collecting, validating, and verifyinginformation, processing andmaintaining information, and disclosingand providing information; adjust theexisting ways to comply with anypreviously applicable instructions andrequirements; train personnel to be ableto respond to a collection ofinformation; search data sources;complete and review the collection ofinformation; and transmit or otherwisedisclose the information.

Respondents/Affected Entities: Non-profit organizations and State, local, orTribal agencies applying for financialassistance for environmental datacollection operations.

Estimated Number of Respondents:1940.

Frequency of Response: Once.Estimated Total Annual Hour Burden:

164,900.Estimated Total Annualized Capital,

O&M Cost Burden: $0.Send comments on the Agency’s need

for this information, the accuracy of theprovided burden estimates, and anysuggested methods for minimizingrespondent burden, including throughthe use of automated collectiontechniques to the addresses listed above.Please refer to EPA ICR No. 0866.06 andOMB Control No. 2080–0033 in anycorrespondence.

Dated: August 16, 2000.Oscar Morales,Director, Collection Strategies Division.[FR Doc. 00–21780 Filed 8–24–00; 8:45 am]BILLING CODE 6560–50–U


[OPPTS–00672; FRL–6599–6]

National Action Plan for Alkyl-lead;Notice of Availability and Solicitationof Public Comment

AGENCY: Environmental ProtectionAgency (EPA).

ACTION: Notice of availability andsolicitation of public comment.

SUMMARY: EPA has developed a draftNational Action Plan to promote furthervoluntary reductions of use andexposure to alkyl-lead compounds.Alkyl-lead is used as a fuel additive toreduce ‘‘knock’’ in combustion enginesand also to help lubricate internalengine components and protect intakeand exhaust valves against recession.Currently, the largest uses of alkyl-leadare in aviation gasoline for generalaviation (piston-engine) aircraft andracing gasoline. This plan wasdeveloped pursuant to the Agency’sMultimedia Strategy for PriorityPersistent, Bioaccumulative, and Toxic(PBT) Pollutants. This Notice announcesthe availability of the Alkyl-leadNational Action Plan for public reviewand comment.

DATES: Comments, identified by docketcontrol number OPPTS–00672, must bereceived on or before September 25,2000.

ADDRESSES: Comments may besubmitted by mail, electronically, or inperson. Please follow the detailedinstructions for each method asprovided in Unit I. of theSUPPLEMENTARY INFORMATION. To ensureproper receipt by EPA, it is imperativethat you identify docket control numberOPPTS–00672 in the subject line on thefirst page of your response.

FOR FURTHER INFORMATION CONTACT: Forgeneral information contact: BarbaraCunningham, Director, Office ofProgram Management and Evaluation,Office of Pollution Prevention andToxics (7401), Environmental ProtectionAgency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460; telephonenumber: (202) 554–1404; e-mail address:[email protected].

For technical information contact:Paul Matthai, Pollution PreventionDivision (7409), Office of PollutionPrevention and Toxics, EnvironmentalProtection Agency, 1200 PennsylvaniaAve., NW., Washington, DC 20460;telephone number: (202) 260–3385; e-mail address: [email protected].


I. General Information

A. Does this Action Apply to Me?

This action is directed to the publicin general. This action may, however, beof interest to persons who make,distribute, or use racing and aviationgasoline. Since other entities may alsobe interested, the Agency has notattempted to describe all the specific



entities that may be affected by thisaction. If you have any questionsregarding the applicability of this actionto a particular entity, consult thetechnical person listed under FORFURTHER INFORMATION CONTACT.

B. How Can I Get AdditionalInformation, Including Copies of thisDocument or Other Related Documents?

1. Electronically. You may obtainelectronic copies of this document, andcertain other related documents thatmight be available electronically, fromthe EPA Internet Home Page at http://www.epa.gov/pbt. To access thisdocument, on the PBT Home Page select‘‘Strategy and Action Plans.’’

2. In person. The Agency hasestablished an official record for thisaction under docket control numberOPPTS–00672. The official recordconsists of the documents specificallyreferenced in this action, any publiccomments received during an applicablecomment period, and other informationrelated to this action, including anyinformation claimed as confidentialbusiness information (CBI). This officialrecord includes the documents that arephysically located in the docket, as wellas the documents that are referenced inthose documents. The public version ofthe official record does not include anyinformation claimed as CBI. The publicversion of the official record, whichincludes printed, paper versions of anyelectronic comments submitted duringan applicable comment period, isavailable for inspection in the TSCANonconfidential Information Center,North East Mall Rm. B–607, WatersideMall, 401 M St., SW., Washington, DC.The Center is open from noon to 4 p.m.,Monday through Friday, excluding legalholidays. The telephone number for theCenter is (202) 260–7099.

C. How and to Whom Do I SubmitComments?

You may submit comments throughthe mail, in person, or electronically. Toensure proper receipt by EPA, it isimperative that you identify docketcontrol number OPPTS–00672 in thesubject line on the first page of yourresponse.

1. By mail. Submit your comments to:Document Control Office (7407), Officeof Pollution Prevention and Toxics(OPPT), Environmental ProtectionAgency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460.

2. In person or by courier. Deliveryour comments to: OPPT DocumentControl Office (DCO) in East Tower Rm.G–099, Waterside Mall, 401 M St., SW.,Washington, DC. The DCO is open from8 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays. Thetelephone number for the DCO is (202)260–7093.

3. Electronically. You may submityour comments electronically by e-mailto: ‘‘[email protected],’’ or mail yourcomputer disk to the address identifiedin this unit. Do not submit anyinformation electronically that youconsider to be CBI. Electronic commentsmust be submitted as an ASCII fileavoiding the use of special charactersand any form of encryption. Commentsand data will also be accepted onstandard disks in WordPerfect 6.1/8.0 orASCII file format. All comments inelectronic form must be identified bydocket control number OPPTS–00672.Electronic comments may also be filedonline at many Federal DepositoryLibraries.

D. How Should I Handle CBIInformation that I Want to Submit to theAgency?

Do not submit any informationelectronically that you consider to beCBI. You may claim information thatyou submit to EPA in response to thisdocument as CBI by marking any part orall of that information as CBI.Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.In addition to one complete version ofthe comment that includes anyinformation claimed as CBI, a copy ofthe comment that does not contain theinformation claimed as CBI must besubmitted for inclusion in the publicversion of the official record.Information not marked confidentialwill be included in the public versionof the official record without priornotice. If you have any questions aboutCBI or the procedures for claiming CBI,please consult the technical personidentified under FOR FURTHERINFORMATION CONTACT.

E. What Should I Consider as I PrepareMy Comments for EPA?

We invite you to provide your viewson the various options we propose, newapproaches we have not considered, thepotential impacts of the various options(including possible unintendedconsequences), and any data orinformation that you would like theAgency to consider during thedevelopment of the final action. Youmay find the following suggestionshelpful for preparing your comments:

1. Explain your views as clearly aspossible.

2. Describe any assumptions that youused.

3. Provide copies of any technicalinformation and/or data you used thatsupport your views.

4. If you estimate potential burden orcosts, explain how you arrived at theestimate that you provide.

5. Provide specific examples toillustrate your concerns.

6. Make sure to submit yourcomments by the deadline in thisnotice.

7. To ensure proper receipt by EPA,be sure to identify the docket controlnumber assigned to this action in thesubject line on the first page of yourresponse. You may also provide thename, date, and Federal Registercitation.

II. What Action is the Agency Taking?On November 16, 1998, EPA released

its Agency-wide Multimedia Strategy forPriority Persistent, Bioaccumulative,and Toxic (PBT) Pollutants (PBTStrategy). The goal of the PBT Strategyis to identify and reduce risks to humanhealth and the environment fromcurrent and future exposure to priorityPBT pollutants. This document servesas the Draft National Action Plan forAlkyl-Lead, one of the 12 Level 1priority PBT pollutants identified forthe initial focus of action in the PBTStrategy.

Alkyl-lead compounds are man-madecompounds in which a carbon atom ofone or more organic molecules is boundto a lead atom. Tetraethyllead (TML)and TML compounds are the mostcommon alkyl-lead compounds thathave been used in the past and are stillin use today in the United States. Thesetwo alkyl-lead compounds are the focusof this National Action Plan. Alkyl-leadis used as a fuel additive to reduce‘‘knock’’ in combustion engines and alsoto help lubricate internal enginecomponents and protect intake andexhaust valves against recession.Currently, the largest uses of alkyl-leadare in aviation gasoline for generalaviation (piston-engine) aircraft, andracing gasoline. Neither of these uses aresubject to any of the regulations thatrestrict leaded motor gasoline use.

In the body, alkyl-lead compounds aredistributed through the blood to ‘‘softtissues’’ particularly the liver, kidneys,muscles, and brain. Initial symptoms ofalkyl-lead poisoning include, amongothers: anorexia, insomnia, tremor,weakness, fatigue, nausea and vomiting,mood shifts such as aggression ordepression, and impairment of memory.In the case of acute alkyl-leadpoisoning, possible health effectsinclude mania, convulsions, delirium,fever, coma, and in some cases evendeath. Lead poisoning due to the



ingestion or inhalation of inorganic leadcompounds emitted as exhaust throughthe combustion process (as a directresult of the use of alkyl-lead ingasoline) is a widely recognized publichealth problem.

EPA is requesting public comment ona strategy to address the remaining risksto human health and the environmentfrom exposure to alkyl-lead: (1)Contribute to international efforts toreduce the use of alkyl-lead world-wide;(2) pursue voluntary initiatives toreduce the use of alkyl-lead in aircraftgasoline, race cars, and non-roadvehicles such as farm machinery,marine vessels, construction equipment,and recreational vehicles; and (3) collectinformation as possible, given resourceconstraints, related to production, use,emissions, and continued exposurescenarios.

List of SubjectsEnvironmental protection.Dated: August 7, 2000.

Susan H. Wayland,Acting Assistant Administrator, Office ofPrevention, Pesticides and Toxic Substances.[FR Doc. 00–21782 Filed 8–24–00; 8:45 am]BILLING CODE 6560–50–F


[OPPTS–00671; FRL–6599–7]

National Action Plan forOctachlorostyrene; Notice ofAvailability and Solicitation of PublicComment

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice of availability andsolicitation of public comment.

SUMMARY: EPA has developed a draftNational Action Plan to promote furthervoluntary reductions of release andexposure to octachlorostyrene (OCS).This chemical is a persistent,bioaccululative and toxic halogenatedaromatic compound with no knowncommercial uses. It is, however, aninadvertent by-product that persists inthe environment and bioaccumulates inanimal tissue. This plan was developedpursuant to the Agency’s MultimediaStrategy for Priority Persistent,Bioaccumulative, and Toxic (PBT)Pollutants. This Notice announces theavailability of the draftOctachlorostyrene National Action Planfor public review and comment.DATES: Comments, identified by docketcontrol number OPPTS–00671, must bereceived on or before September 25,2000.

ADDRESSES: Comments may besubmitted by mail, electronically, or inperson. Please follow the detailedinstructions for each method asprovided in Unit I. of theSUPPLEMENTARY INFORMATION. To ensureproper receipt by EPA, it is imperativethat you identify docket control numberOPPTS–00671 in the subject line on thefirst page of your response.FOR FURTHER INFORMATION CONTACT: Forgeneral information contact: BarbaraCunningham, Director, Office ofProgram Management and Evaluation,Office of Pollution Prevention andToxics (7401), Environmental ProtectionAgency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460; telephonenumber: (202) 554–1404; e-mail address:[email protected].

For technical information contact:Paul Matthai, Pollution PreventionDivision (7409), Office of PollutionPrevention and Toxics, EnvironmentalProtection Agency, 1200 PennsylvaniaAve., NW., Washington, DC 20460;telephone number: (202) 260–3385; e-mail address: [email protected] INFORMATION:



This action is directed to the publicin general. This action may, however, beof interest to persons who are involvedin commercial or industrial process thatcombine carbon and chlorine at hightemperatures. These processes couldinclude magnesium production,commercial production of chlorinatedsolvents, aluminum plasma etching(used in producing microelectroniccomponents), aluminum degassing withhexachloroethane, chlorination oftitanium and niobium/tantalum ores,waste incineration, and chlor-alkaliproduction with graphite anodes. Sinceother entities may also be interested, theAgency has not attempted to describe allthe specific entities that may be affectedby this action. If you have any questionsregarding the applicability of this actionto a particular entity, consult thetechnical person listed under FORFURTHER INFORMATION CONTACT.

B. How Can I Get AdditionalInformation, Including Copies of thisDocument or Other Related Documents?

1. Electronically. You may obtainelectronic copies of this document, andcertain other related documents thatmight be available electronically, fromthe EPA Internet Home Page at http://www.epa.gov/pbt. To access thisdocument, on the PBT Home Page select‘‘Strategy and Action Plans.’’

2. In person. The Agency hasestablished an official record for thisaction under docket control numberOPPTS–00671. The official recordconsists of the documents specificallyreferenced in this action, any publiccomments received during an applicablecomment period, and other informationrelated to this action, including anyinformation claimed as confidentialbusiness information (CBI). This officialrecord includes the documents that arephysically located in the docket, as wellas the documents that are referenced inthose documents. The public version ofthe official record does not include anyinformation claimed as CBI. The publicversion of the official record, whichincludes printed, paper versions of anyelectronic comments submitted duringan applicable comment period, isavailable for inspection in the TSCANonconfidential Information Center,North East Mall Rm. B–607, WatersideMall, 1200 Pennsylvania Ave., NW.,Washington, DC. The Center is openfrom noon to 4 p.m., Monday throughFriday, excluding legal holidays. Thetelephone number for the Center is (202)260–7099.

C. How and to Whom Do I SubmitComments?

You may submit comments throughthe mail, in person, or electronically. Toensure proper receipt by EPA, it isimperative that you identify docketcontrol number OPPTS–00671 in thesubject line on the first page of yourresponse.

1. By mail. Submit your comments to:Document Control Office (7407), Officeof Pollution Prevention and Toxics(OPPT), Environmental ProtectionAgency, 1200 Pennsylvania Ave., NW.,Washington, DC 20460.

2. In person or by courier. Deliveryour comments to: OPPT DocumentControl Office (DCO) in East Tower Rm.G-099, Waterside Mall, 401 M St., SW.,Washington, DC. The DCO is open from8 a.m. to 4 p.m., Monday throughFriday, excluding legal holidays. Thetelephone number for the DCO is (202)260–7093.

3. Electronically. You may submityour comments electronically by e-mailto: ‘‘[email protected],’’ or mail yourcomputer disk to the address identifiedin this unit. Do not submit anyinformation electronically that youconsider to be CBI. Electronic commentsmust be submitted as an ASCII fileavoiding the use of special charactersand any form of encryption. Commentsand data will also be accepted onstandard disks in WordPerfect 6.1/8.0 orASCII file format. All comments inelectronic form must be identified by



docket control number OPPTS–00671.Electronic comments may also be filedonline at many Federal DepositoryLibraries.

D. How Should I Handle CBIInformation that I Want to Submit to theAgency?

Do not submit any informationelectronically that you consider to beCBI. You may claim information thatyou submit to EPA in response to thisdocument as CBI by marking any part orall of that information as CBI.Information so marked will not bedisclosed except in accordance withprocedures set forth in 40 CFR part 2.In addition to one complete version ofthe comment that includes anyinformation claimed as CBI, a copy ofthe comment that does not contain theinformation claimed as CBI must besubmitted for inclusion in the publicversion of the official record.Information not marked confidentialwill be included in the public versionof the official record without priornotice. If you have any questions aboutCBI or the procedures for claiming CBI,please consult the technical personidentified under FOR FURTHERINFORMATION CONTACT.

E. What Should I Consider as I PrepareMy Comments for EPA?

We invite you to provide your viewson the various options we propose, newapproaches we have not considered, thepotential impacts of the various options(including possible unintendedconsequences), and any data orinformation that you would like theAgency to consider during thedevelopment of the final action. Youmay find the following suggestionshelpful for preparing your comments:

1. Explain your views as clearly aspossible.

2. Describe any assumptions that youused.

3. Provide copies of any technicalinformation and/or data you used thatsupport your views.

4. If you estimate potential burden orcosts, explain how you arrived at theestimate that you provide.

5. Provide specific examples toillustrate your concerns.

6. Make sure to submit yourcomments by the deadline in thisnotice.

7. To ensure proper receipt by EPA,be sure to identify the docket controlnumber assigned to this action in thesubject line on the first page of yourresponse. You may also provide thename, date, and Federal Registercitation.

II. What Action is the Agency Taking?

On November 16, 1998, EPA releasedits Agency-wide Multimedia Strategy forPriority Persistent, Bioaccumulative,and Toxic (PBT) Pollutants (PBTStrategy). The goal of the PBT Strategyis to identify and reduce risks to humanhealth and the environment fromcurrent and future exposure to priorityPBT pollutants. This document servesas the Draft National Action Plan forOctachlorostyrene, one of the 12 Level1 priority PBT pollutants identified forthe initial focus of action in the PBTStrategy.

Octachlorostyrene (CAS Registrynumber 29082–74–4) is a persistent,bioaccumulative, and toxic halogenatedaromatic compound with no knowncommercial uses and is notcommercially manufactured. It has beenreported as an inadvertent by-product ofprocesses involving chlorineproduction, chlorination reactions,nonferrous metal production/finishingoperations, and high temperatureetching in semiconductor production.Landfill leachates from industrialwastes generated by these processes arecontaminated with OCS. It may alsoresult from various incineration andcombustion processes.

The impact of OCS on the ecosystemis still largely unknown and data on thepresence of OCS in the environment arelimited. It is bioaccumulative andpersistent in the environment. In thefood chain, it has been found atincreasingly higher concentration levelsin higher order fish and shellfish. Thefeeding habits of aquatic species havebeen shown to be an importantinfluence on OCS levels in fish, withsignificant biomagnification in higherorder species. Potential human exposurepathways for OCS are through ingestion(especially of contaminated fish),inhalation, and absorption through theskin. Occupational exposure has beenshown to result in elevated levels ofOCS in the blood of workers atindustrial facilities that produce OCS asa by-product. The human toxicologicalproperties of OCS are not well knownbut it has been shown to cause adverseliver, thyroid, kidney and hematologicaleffects in experimental animals. OCS isalso a suspected hormone disruptor,mimicking human hormones andpossibly affecting the endocrine systemof humans and animals.

EPA is requesting public comment onthis draft National Action Plan toaddress the risks to human health andthe environment from exposure tooctachlorostyrene: (1) By conductingmonitoring through a National Study ofChemical Residues in Fish survey,

sediment sampling in geographic areaswith high concentrations, and by addingOCS to the list of chemicals to establishan air monitoring network; (2) tocontinue efforts toward sourcecharacterization and voluntaryinitiatives to reduce OCS releases; and(3) focus research to characterize therelationship between OCS and otherchlorinated compounds such ashexachlorobenzene and dioxins/furans.

List of Subjects

Environmental protection.Dated: August 8, 2000.

Susan H. Wayland,Acting Assistant Administrator, Office ofPrevention, Pesticides and Toxic Substances.[FR Doc. 00–21783 Filed 8–24–00; 8:45 am]BILLING CODE 6560–50–F


[ER–FRL–6610–4]

Environmental Impact Statements;Notice of Availability

Responsible Agency: Office of FederalActivities, General Information (202)564–7167 or www.epa.gov/oeca/ofa.Weekly receipt of Environmental ImpactStatements Filed August 14, 2000Through August 18, 2000 Pursuant to 40CFR 1506.9.EIS No. 000285, DRAFT SUPPLEMENT,

COE, HI, Modifications to (Kalaeloa)Barbers Point Harbor, Proposal toEnhance Harbor Operations andEconomic Efficiency, and ImprovePort Safety, Oahu, HI, Due: October10, 2000, Contact: Milton Yoshimoto(808) 438–2250.

EIS No. 000286, DRAFT EIS, GSA, CA,Lassen Volcanic National ParkGeneral Management Plan,Implementation, Lassen, Plumas,Shasta and Tehama Counties, CA,Due: October 31, 2000, Contact: AlanSchmierer (415) 427–1441.

EIS No. 000287, FINAL EIS, COE, CA,Guadalupe River Watershed PlanningStudy, Multi-Objective CapitalImprovement Project on theGuadalupe River between Highway101 to Interstate 880 and Interstate280 to Blossom Hill Road, Santa ClaraValley Water District, Santa ClaraCounty, CA, Due: September 25, 2000,Contact: Robert Smith (415) 977–8450.

EIS No. 000288, DRAFT EIS, AFS, ID,Genesis Placer Claim Gold SuctionDredging, Plan of Operations, NezPerce National Forest, Red RiverRanger District, Red River a Tributaryto the South Fork Clearwater River,



ID, Due: October 10, 2000, Contact:Dee Sessions (208) 624–3151.

EIS No. 000289, FINAL EIS, AFS, ID,Box Canyon Timber Sale, VegetativeManagement, Implementation,Palisades Ranger District, Caribou-Targhee National Forest, BonnevilleCounty, ID, Due: September 25, 2000,Contact: Dee Sessions (208) 624–3151.

EIS No. 000290, DRAFT EIS, FHW, WI,WI–26 State Trunk Highway,Improvements IH–90 at Janesville toSTH–60 Watertown Road (1390–04–00), Rock, Dodges and JeffersonCounties, WI, Due: October 30, 2000,Contact: Richard C. Madrzak (608)829–7510.

EIS No. 000291, FINAL EIS, NPS, MT,Interagency Bison Management Planfor State of Montana and YellowstoneNational Park, Implementation,Maintain a wild, Free RangingPopulation, Address the risk ofBrucellosis Transmission, Park andGallatin Counties, MT, Due: October02, 2000, Contact: Sarah Bransom(307) 344–2010.

EIS No. 000292, FINAL EIS, GSA, MA,U.S. Courthouse Springfield,Construction, Hampden County, MA,Due: September 25, 2000, Contact:Frank Saviano (617) 565–5494.Dated: August 22, 2000.

Joseph C. Montgomery,Director, NEPA Compliance Division, Officeof Federal Activities.[FR Doc. 00–21785 Filed 8–24–00; 8:45 am]BILLING CODE 6560–50–P


[ER-FRL–6610–5]

Environmental Impact Statements andRegulations; Availability of EPAComments

Availability of EPA commentsprepared pursuant to the EnvironmentalReview Process (ERP), under Section309 of the Clean Air Act and Section102(2)(c) of the National EnvironmentalPolicy Act as amended. Requests forcopies of EPA comments can be directedto the Office of Federal Activities at(202) 564–7167. An explanation of theratings assigned to draft environmentalimpact statements (EISs) was publishedin FR dated April 14, 2000 (65 FR20157).

Draft EISsERP No. D–AFS–D65020–WV Rating

LO, Fernow Experimental Forest,Implementation of New ResearchStudies, Monongahela National ForestLand and Resource Management Plan,Tucker County, WV.

Summary: EPA has no objections tothe preferred alternative.

ERP No. D–NPS–G65075–LA RatingLO, Cane River Creole NationalHistorical Park, General ManagementPlan, Natchitoches Parish, LA.

Summary: EPA has no objection to theselection of the National Park Servicepreferred alternative as described in theDEIS.

ERP No. D–NPS–K61150–CA RatingLO, Anacapa Island Restoration Project,Implementation Implementation,Channel Islands National Park, VenturaCounty, CA.

Summary: While EPA has noobjection to the proposed action, itrequested that the Final EIS include anemergency response plan for accidentalspill of rodenticide during baitapplication and a commitment toproject monitoring and mitigation.

Final EISs

ERP No. F–BLM–L65338–OR JohnDay River Proposed Management Plan,Implementation, Two Rivers and JohnDay Resource Management PlanAmendments, John Day River Basin,Gilliam, Grant, Wheeler, Crook, Harney,Jefferson, Morrow, Sherman, Umatilla,Union and Wasco Counties, OR.

Summary: No formal comment letterwas sent to the preparing agency.

ERP No. F–IBR–K28020–CA ContraCosta Water District Multi-PurposePipeline (MPP) Project, Constructionand Operation of Raw Water DeliverySystem, Contra Costa Canal, COESection 10 and 404 Permits, ContraCosta County, CA.

Summary: No formal comment letterwas sent to the preparing agency.

Dated: August 22, 2000.Joseph C. Montgomery,Director, NEPA Compliance Division, Officeof Federal Activities.[FR Doc. 00–21786 Filed 8–24–00; 8:45 am]BILLING CODE 6560–50–P


[FRL–6858–3]

Regulatory Reinvention (XL) PilotProjects

AGENCY: Environmental ProtectionAgency.ACTION: Notice of availability of theProject XL Draft Final ProjectAgreement: Chicago Regional AirQuality and Economic DevelopmentProject.

SUMMARY: EPA is requesting commentson a draft Project XL Final Project

Agreement (FPA) for the ChicagoRegional Air Quality and EconomicDevelopment Project. The FPA is avoluntary agreement developedcollaboratively by Chicago Departmentof Environment (Hereafter CDOE),Illinois Environmental ProtectionAgency (IEPA) and the United StatesEnvironmental Protection Agency(USEPA). Project XL, announced in theFederal Register on May 23, 1995 (60FR 27282), gives regulated entities theopportunity to develop alternativestrategies that will replace or modifyspecific regulatory requirements on thecondition that they produce greaterenvironmental benefits.

In this proposal, Section 173(a)(1)(B)of the Clean Air Act will be used topromote cleaner air and economicdevelopment in the ChicagoMetropolitan area. Section 173(a)(1)(B)allows the Administrator of the USEPA,in consultation with the Secretary ofHousing and Urban Development(HUD), to identify a zone in whicheconomic development should betargeted. For the purposes of thisproposal, such zones will be called‘‘Development Zones.’’ A new ormodified major stationary source whichlocates in a Development Zone withinthe Chicago non-attainment area woulddraw emission reductions from a growthallowance generated from the State’semission inventory in lieu of obtainingemission offsets. The growth allowancewould be created using emissionsreduction activities of Chicago and othermunicipalities. Under this proposedproject, 40% of the emission reductionswhich go into the growth allowance willbe retired. The remaining 60% will bemade available to sources which locatein development zones.DATES: The period for submission ofcomments ends on TBD September 8,2000.ADDRESSES: All comments on the draftFinal Project Agreement should be sentto: Steve Marquardt USEPA Region V(AR–18J) 77 West Jackson Street,Chicago, IL 60604. Comments may alsobe faxed to Mr. Marquardt at 312–886–5824.FOR FURTHER INFORMATION CONTACT: Toobtain a copy of the draft Final ProjectAgreement or Fact Sheet, contact SteveMarquardt USEPA, Region V, 77 WestJackson Street (3HS23), Chicago, Il60604. The FPA and related documentsare also available via the Internet at thefollowing location: http://www.epa.gov/ProjectXL. In addition, the draft FPA isavailable at the City of ChicagoDepartment of the Environment, 30 N.LaSalle, Suite 2500, Chicago, IL 60602.Questions to EPA regarding the



documents can be directed to TimTorma at (202) 260–5180 or SteveMarquardt at (312) 353–3214. To beincluded on the Chicago Project XLmailing list about future publicmeetings, XL progress reports and othermailings from CDOE on the XL project,contact Alexandra Holt at (312) 744–3172, CDOE, 30 N. LaSalle Suite 2500,Chicago, IL 60602. For information onall other aspects of the XL Programcontact Christopher Knopes at thefollowing address: Office of PolicyEconomics and Innovation, UnitedStates Environmental ProtectionAgency, 1200 Pennsylvania AvenueNW, Washington, DC 20460, RoomM3802 (1802), Washington, DC 20460.Additional information on Project XL,including documents referenced in thisnotice, other EPA policy documentsrelated to Project XL, regional XLcontacts, application information, anddescriptions of existing XL projects andproposals, are available via the Internetat http://www.epa.gov/ProjectXL.

Dated: August 21, 2000.Elizabeth A. Shaw,Director, Office of Environmental PolicyInnovation.[FR Doc. 00–21781 Filed 8–24–00; 8:45 am]BILLING CODE 6560–50–P


[OPP–00673; FRL–6736–5]

Pesticides; Protocols for Testing theEfficacy of Disinfectants AgainstHepatitis B Virus (HBV); Notice ofAvailability

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Notice of availability.

SUMMARY: The Agency is announcingthe availability of guidance titled‘‘Protocol for Testing the Efficacy ofDisinfectants Used to InactivateHepatitis B Virus and CorrespondingLabel Claims.’’ Through this guidance,EPA expresses its view that theappropriate and preferred test relies onin vitro duck assays which use duckhepatitis B virus as a surrogate forhuman hepatitis B virus (HHBV) toevaluate the efficacy of disinfectantsused to inactivate HHBV. Use of suchassays will greatly minimize the use ofanimals for testing. The Agency is alsomaking available its responses tocomments on the draft protocols thatwere made available for publiccomment.FOR FURTHER INFORMATION CONTACT:Ibrahim Barsoum, Antimicrobials

Division (7510C), EnvironmentalProtection Agency, 1200 PennsylvaniaAve., NW., Washington, DC 20460;telephone number: (703) 308–6417; faxnumber: (703) 308–8481; e-mail address:[email protected] INFORMATION:



This action is directed to the publicin general. This action may be ofparticular interest to those persons whomanufacture or formulate pesticides.Potentially affected categories andentities may include, but are not limitedto:

Categories NAICSExamples of poten-tially affected enti-

ties

PesticidePro-ducers

32532 Pesticide manufac-turers

Pesticide formula-tors

Since other entities may also beinterested, the Agency has notattempted to describe all the specificentities that may be affected by thisaction. If you have any questionsregarding the information in this notice,consult the person listed under FORFURTHER INFORMATION CONTACT.

B. How Can I Get AdditionalInformation, Including Copies of thisDocument and Other RelatedDocuments?

1. Electronically. You may obtainelectronic copies of this document fromthe Office of Pesticide Programs’ HomePage at http://www.epa.gov/pesticides/.You can also go directly to the listingsfrom the EPA Internet Home Page athttp://www.epa.gov/. To access thisdocument, on the Home Page select‘‘Laws and Regulations,’’ ‘‘Regulationsand Proposed Rules,’’ and then look upthe entry for this document under the ‘‘Federal Register—EnvironmentalDocuments. ’’ You can also go directlyto the Federal Register listings at http://www.epa.gov/fedrgstr/.

2. Fax–on –demand. You may requesta faxed copy of the guidance, as well assupporting information, by using afaxphone to call (202) 401–0527. Selectitem 6067 for the document titled‘‘Protocol for Testing the Efficacy ofDisinfectants Used to InactivateHepatitis B Virus and CorrespondingLabel Claims.’’ Select item 6068 for thedocument titled ‘‘Responses to PublicComments on Protocols for Testing theEfficacy of Disinfectants Used to

Inactivate Hepatitis B Virus.’’ You mayalso follow the automated menu.

3. In person. The Agency hasestablished an official record for thisaction under docket control numberOPP–00673. The official record consistsof the documents specifically referencedin this action, any public commentsreceived during an applicable commentperiod, and other information related tothis action, including any informationclaimed as confidential businessinformation (CBI). This official recordincludes the documents that arephysically located in the docket, as wellas the documents that are referenced inthose documents. The public version ofthe official record does not include anyinformation claimed as CBI. The publicversion of the official record, whichincludes printed, paper versions of anyelectronic comments submitted duringan applicable comment period, isavailable for inspection in the PublicInformation and Records IntegrityBranch (PIRIB), Rm. 119, Crystal Mall#2, 1921 Jefferson Davis Highway,Arlington, VA, from 8:30 a.m. to 4 p.m.,Monday through Friday, excluding legalholidays. The PIRIB telephone numberis (703) 305–5805.

II. Background

A. What Guidance Does this NoticeProvide?

EPA has authority through the FederalInsecticide, Fungicide, and RodenticideAct (FIFRA) to register pesticideproducts, including antimicrobialpesticide products, for sale anddistribution in the United States. FIFRAsection 3(c)(5) requires that thecomposition of a pesticide product issuch as to warrant the claims made forit, i.e., that a product work as claimed.Although registrants must maintain datademonstrating efficacy in their files andmust submit these data to the Agencyupon request, EPA does not routinelyreview efficacy data prior to registrationof most insecticides, fungicides,herbicides, and non-public healthantimicrobial pesticides. However, forpublic health pesticide products (i.e.,those that work against pests insituations where they pose public healththreats) the Agency reviews efficacydata prior to registration. The Agencybelieves that the potential consequencesof performance failure for public healthproducts warrant this extraprecautionary step in the reviewprocess. Moreover, for public healthproducts intended to control bacteria,fungi and viruses, the user is typicallyunable to determine whether theproduct is working, due simply to themicroscopic size of these organisms.



Subdivision G of the PesticideAssessment Guidelines describes theefficacy tests routinely used to validatethe claims made by antimicrobial publichealth pesticide products. Theseguidelines are available from theNational Technical Information Service,5285 Port Royal Road, Springfield, VA22161 (1–800–553–6847).

For the past several years, EPA hasbeen engaged in a process to identifyscientifically and statistically adequatetest protocols for evaluating the efficacyof disinfectants used to inactivatehuman hepatitis B virus (HHBV). InMay 28, 1986 (51 FR 19174), the Agencypublished a Notice of Amendment toPolicy regarding certain virucidalclaims. Specifically, the Notice statedthat virucidal claims for HBV would bepermissible only for sterilizer productsuntil such time that acceptableprotocols to demonstrate virus isolationand disinfectant product efficacy couldbe developed.

In 1990, the Agency received andapproved a chimpanzee testing protocolto support HBV efficacy claims for hard,environmental surface disinfectionproducts. While the data were beinggenerated using the approved protocol,a General Accounting Office (GAO)Report was issued (August 1990) thatcriticized the Agency for accepting testmethods without criteria or a systematicreview process. In response to thiscriticism, the Agency initiated a processwhereby new protocols would undergoexternal review by scientific experts. In1995, as a result of this change inprocess, the chimpanzee protocol wassubjected to external review by expertsworking in various scientificinstitutions, including the Food andDrug Administration (FDA), Center forDisease Control (CDC), NationalInstitutes of Health (NIH), and twouniversity medical schools. The expertswere asked to review the data generatedusing the EPA-approved protocol aswell as similar data developed by Bondet al. 1983, at CDC. After careful reviewof all comments received, the Agencyconcluded that the chimpanzee datasubmitted by the applicant, whenconsidered together with the datadeveloped by Bond et al. 1983, weresufficient to support a label claim ofdisinfection against HBV.

During the 1995 external reviewprocess for the chimpanzee protocol,several experts urged the Agency toaccept data developed using a surrogatevirus, thus making available analternative to chimpanzee testing. Oneexpert stated that it would beunjustified to permit the use of any typeof animal for germicidal testing and thatsuch testing could be avoided though

the use of properly designed in vitromethods. As a result of these concerns,the Agency began to seek alternativemeans of testing the productperformance of disinfectant productsintended for inactivation of HBV. One ofthe steps in this process wasconsultation with the FIFRA ScientificAdvisory Panel (SAP) in September1997. At that meeting the questionsposed to the Panel were as follows:

1. If the Agency decides to replace thechimpanzee test used in testing theefficacy of disinfectants against humanhepatitis B-type virus, what testmethodologies could be used as areplacement? Two possibilities thathave been proposed to the Agency arethe duck hepatitis B Virus Test (DHVT)and the Morphological Alteration andDisintegration Test (MADT). Could oneor both of these tests be used to test forefficacy against HHVB?

2. If a surrogate test system (i.e., theDHVT) is found to be acceptable forefficacy testing using HVB, would theresults be sufficient to allow theregistrant to make a label claim that theproduct was efficacious against HHBV,even though it was tested against asurrogate virus (i.e., duck hepatitis Bvirus) and not the human virus?

Briefly, the SAP’s responses to thesequestions were as follows. The Panelconcurred with the notion that it isunethical to continue to require testingusing a species of primates,chimpanzees, where alternativemethods are available, and observedthat there is a long history of usingsurrogate microbes to assess the efficacyof disinfection/sterilization technologiesagainst various classes ofmicroorganisms. The Panel stated thatthe duck hepatitis B virus (DHBV)constitutes an appropriate HHBVsurrogate and added that an advantageto this surrogate is that the DHBV canbe utilized in both in vivo and in vitrosettings. In particular, the Panel statedthat the DHBV approach would allowfor sufficient numbers of test samples tobe used for each set of experimentalconditions so that statisticallysignificant results can be obtained. ThePanel discussed the possibility thatDHBV may be more resistant togermicidal chemical activity but, inessence, felt that even if this were trueit was not a serious issue, given thathepatitis B-type viruses have beendemonstrated to be sensitive to theactivity of a wide spectrum of liquidchemical germicides including low leveldisinfectants. While the panel did notdiscuss the MADT alternative at greatlength or exclude the possibility of itsuse, it did observe that the test is onlysubjective. The Panel stated its belief

that registrants who use DHBV couldmake a label claim of product efficacyto either the specific virus or in thealternative to perhaps the whole virusfamily as a group. The example ofclaims against Mycobacteriumtuberculosis by testing againstMycobacterium bovis was cited asprecedent for the use of a surrogate indisinfectant efficacy testing. If testsvalidate that a surrogate virus is less orequally susceptible to inactivation bydisinfectants, then logically any productwhich demonstrates efficacy against thesurrogate virus should be allowed alabel claim against HHBV.

The responses of the SAP to thesequestions provided invaluable guidanceto the Agency in its pursuit ofscientifically adequate test protocols forevaluating the efficacy of disinfectantsused to inactivate HHBV. TheAntimicrobials Division of the Office ofPesticide Programs sponsored aworkshop in July 1998 to discussalternative models for testingdisinfectants against HHBV. Theworkshop was attended byrepresentatives from academia, researchcenters, testing laboratories, andindustry. Presentations were given byexperts in hepatitis on various animalmodels of HBV infection followed bytechnical presentations on in vitro andin vivo duck models of infection thatmight be used in testing disinfectantsfor use against HHBV. Presentationswere followed by a discussion oncriteria to be used in decision makingabout surrogate model(s) and proposedlabeling claims of registered products.Many participants in the workshopproposed that EPA leave the label claimbroad, such as ‘‘effective against HBV’’or ‘‘hepadnavirucidal’’ and not addinformation about the test organism.Submitted protocols were evaluated anddiscussed by all participants. At the endof the workshop an outline waspresented, showing the Agency’simplementation plans for allowingproducts to be registered with HHBVlabel claims using surrogate animalmodels. Subsequently, the Agencypublished an FR Notice on December30, 1998 (63 FR 71924) (FRL–6051–4)announcing the availability of andrequesting comments on two protocolsfor testing the efficacy of disinfectantsagainst HHBV. These protocols were foran in vitro assay using duck hepatocytesand DHBV and an in vivo assay usingducklings and DHBV.

The Agency received 12 sets ofcomments in response to that Notice.Comments were received fromconsultants, an animal rightsorganization, university scientists, theregulated industry, the California



Department of Pesticide Regulation, andprivate organizations. These commentsin their entirety are available in thepublic docket (OPP–00673). Many of thecomments were similar in content, andpertained to general issues concerningAgency policy or specific sectionswithin the protocols themselves. Tofacilitate review and consideration ofthe comments, the Agency has groupedcomments addressing similar issuestogether.

After the Agency reviewed thecomments, it reached three conclusions:

1. It is the Agency’s position that duckHBV serves as an adequate surrogate forhuman HBV and that the in vitro assayis sufficiently sensitive to preclude theneed for any in vivo testing. The Agencyis adopting, where possible, policiesand data requirements that minimizeanimal testing, and when animal testingmust be conducted, EPA is committedto reducing the number of animalsneeded for testing, reducing the painand suffering of the test animals, andwhenever scientifically-defensible,replacing animals with validated non-animal test systems. Therefore, relyingheavily on the recommendations of theSAP, the Agency expects to rely on theuse of the in vitro duck protocol as themethod for evaluating the efficacy ofdisinfectants used to inactivate HHBV.Notwithstanding its commitment tomaximize the reduction or eliminationofanimal testing where feasible, theAgency recognizes that some testingmay already have been initiated orcompleted using the duck in vivomethodology as of the date of thisNotice. On a case-by-case basis, theAgency will generally accept these data,if deemed valid, to support aregistration.

2. Label claims against either theHepadnavirus family or, morespecifically, HHBV will be permittedwhen supported by adequate efficacyclaims as described below. In addition,the following label claim language willbe deemed acceptable: ‘‘effective againstHBV.’’ The Agency believes that theselabel claims can be supported byappropriate DHBV efficacy tests, sincethe surrogate DHBV has been shown tobe a reliable predictor of resistence tochemical disinfection for theHepadnavirus family as a whole.

3. To ensure that the in vitro duckmethod has been adequately validated,data should be provided from at leasttwo independent laboratories for eachproduct tested (two batches per productper laboratory). The validation of aprotocol requires the use of a commonpositive control disinfectant to be testedconcurrently with all new products. Therecommended control is

alkyldimethylammonium chloride(BTC-835, Onyx Chemical Co.) (AOACOfficial Methods of Analysis, Chapter 6,p. 136, 15th Edition, 1990). This agentshould serve as both an intra-laboratoryand an inter-laboratory control and willbe used for analyzing thereproducibility of the efficacy dataresults for that particular protocol. Inorder to obtain the necessary inter-laboratory data, all submissions mustadditionally be subjected toconfirmatory testing, with the commonpositive control, at a second laboratorytest facility. It is critical for the Agencyto know that a test method is repeatable;i.e., that there is an appropriately smallstandard deviation of log reduction (LR)values found when the test is repeatedon different occasions in the samelaboratory as well as when the test isconducted in different laboratories. Theuse of the common positive control andthe generation of confirmatory data in asecond testing facility will achieve thesegoals. A more detailed documentoutlining the criteria for validation isavailable electronically under thesection titled ‘‘Related Documents’’section of the electronic version of thisNotice (‘‘Protocol for Testing theEfficacy of Disinfectants Used toInactivate Hepatitis B Virus’’). Thisdocument may also be requested bymail directly from the Agency (refer toFOR FURTHER INFORMATION CONTACTsection of this Notice).

B. Guidance Documents

The guidance discussed in this noticeis intended to provide guidance to EPApersonnel and to pesticide applicantsand registrants. This notice is notbinding on EPA, applicants andregistrants, and EPA may depart fromthe guidance where circumstanceswarrant and without prior notice.Registrants and applicants may proposealtenatives to the protocols described inthis notice and the Agency will assessthem on a case-by-case basis.

List of Subjects

Environmental protection,Administrative practice and procedure,Agricultural commodities, Pesticidesand pests.


Marcia E. Mulkey,Director, Office of Pesticide Programs.

[FR Doc. 00–21784 Filed 8–24–00]

BILLING CODE 6560–50–S


[FRL–6857–6]

Notice of Proposed Settlement UnderSection 122(h) of the ComprehensiveEnvironmental Response,Compensation and Liability Act; St.Louis River Site, Duluth, MN

AGENCY: U.S. Environmental ProtectionAgency.ACTION: Notice; request for publiccomment.

SUMMARY: Notice of Settlement forrecovery of past costs. In accordancewith section 122(i)(1) of theComprehensive EnvironmentalResponse, Compensation and LiabilityAct of 1980, as amended (CERCLA),notice is hereby given of a proposedadministrative settlement under section122(h) of CERCLA concerning the St.Louis River Superfund Site, Duluth,Minnesota. The Agreement was signedby the Director, Superfund Division,U.S. Environmental Protection Agency,Region 5, (U.S. EPA) on August 3, 2000.Subject to review by the public pursuantto this Notice, the agreement wasapproved by the United StatesDepartment of Justice on July 31, 2000.Below are listed the parties who haveexecuted binding certifications of theirconsent to participate in the settlement:Domtar, Inc.; Honeywell International,Inc.; and The Interlake Corporation.These parties will pay a total of$833,000 in a settlement payment forpast response costs under the agreementsubject to the contingency that U.S. EPAmay elect not to complete the settlementbased on matters brought to its attentionduring the public comment periodestablished by this Notice. This amountrepresents approximately ninety percentof past response costs U.S. EPA and theAgency for Toxic Substances andDisease Registry have expended at theSt. Louis River Superfund Site as ofJanuary 31, 2000.

U.S. EPA is authorized to enter intothis agreement under the authority ofsection 122(h) and 107 of CERCLA.Section 122(h) authorizes settlementswith potentially responsible parties forthe recovery of past costs expended bythe Agency where these claims have notbeen referred to the U.S. Department ofJustice for further action.

U.S. EPA will receive writtencomments relating to this agreement forthirty days from the date of publicationof this notice. The Agency will considerall comments received and maywithdraw its consent to the settlementif comments received disclose facts orconsiderations which indicate that the



settlement is inappropriate, improper,or inadequate. U.S. EPA’s response toany comments will be available forpublic inspection at the SuperfundRecords Center, located at 77 WestJackson Boulevard, Seventh Floor,Chicago, Illinois.DATES: Comments must be provided onor before September 25, 2000.ADDRESSES: The proposed settlementand additional background informationrelating to the settlement are availablefor public inspection at the SuperfundRecords Center located at 77 WestJackson Boulevard, Seventh Floor,Chicago, Illinois. A copy of theproposed settlement may be obtainedfrom the Superfund Records Centerlocated at 77 West Jackson Boulevard,Seventh Floor, Chicago, Illinois.Comments should be addressed toThomas J. Kennedy, Senior Attorney,U.S. Environmental Protection Agency,Region 5, Office of Regional Counsel, 77West Jackson Boulevard (C–14J),Chicago, Illinois 60604, and should referto: In the Matter of: St. Louis RiverSuperfund Site in Duluth, Minnesota,and U.S. EPA Docket No. V–W–’00–C–604.FOR FURTHER INFORMATION CONTACT:Thomas J. Kennedy, U.S. EnvironmentalProtection Agency, Region 5, Office ofRegional Counsel, 77 West JacksonBoulevard (C–14J), Chicago, Illinois60604, (312) 886–0708.

Authority: The ComprehensiveEnvironmental Response, Compensation, andLiability Act of 1980, as amended, 42 U.S.C.9601–9675.

William E. Muno,Director, Superfund Division, Region 5.[FR Doc. 00–21779 Filed 8–24–00; 8:45 am]BILLING CODE 6560–50–M


[CC Docket No. 94–102; DA #00–1875]

Phase I Enhanced 911 ImplementationIssues

AGENCY: Federal CommunicationsCommission.ACTION: Notice.

SUMMARY: In this document the WirelessTelecommunications Bureau (Bureau)seeks comment on a request filed by theKing County, Washington E–911Program Office for assistance inresolving a conflict related to theimplementation of wireless Phase IEnhanced 911 (E911) service in theState of Washington. The King CountyRequest states that King County and

several other counties in WashingtonState have ordered Phase I service fromwireless carriers operating in the Stateand that the Public Safety AnsweringPoints (PSAPs) in these counties arecapable of receiving and utilizing PhaseI information over their existing E911networks. According to the request,some carriers have agreed to implementPhase I service only if King County andthe several other requesting countiespay for some or all of certain networkand data base components associatedwith the delivery of the Phase I service.

King County requests that the Bureauclarify whether the funding of certain ofthe network and data base componentsof Phase I service, and the interface ofthese components to the existing E911system, are the responsibility of thewireless carriers or the PSAPs.DATES: Submit comments on or beforeSeptember 18, 2000; submit replycomments on or before October 11,2000.ADDRESSES: Send comments and replycomments to the Office of the Secretary,Federal Communications Commission,445 12th Street, S.W., TW–A325,Washington, D.C. 20554.SUPPLEMENTARY INFORMATION: Thecomplete text of this Public Notice isavailable on the Commission’s Internetsite, at www.fcc.gov. Copies of the KingCounty Request may be obtained fromthe CC Docket No. 94–102 and is alsoavailable for public inspection andcopying during regular business hoursin the FCC Public Reference Room,Room CY–A257, 445 12th Street, S.W.,Washington, D.C. 20554. Commentsmay be sent as an electronic file via theInternet to http://www.fcc.gov/e-file/ecfs.html, or by e-mail to [email protected].

Federal Communications Commission.William F. Caton,Deputy Secretary.[FR Doc. 00–21540 Filed 8–24–00; 8:45 am]BILLING CODE 6712–01–P

FEDERAL RESERVE SYSTEM

Formations of, Acquisitions by, andMergers of Bank Holding Companies

The companies listed in this noticehave applied to the Board for approval,pursuant to the Bank Holding CompanyAct of 1956 (12 U.S.C. 1841 et seq.)(BHC Act), Regulation Y (12 CFR part225), and all other applicable statutesand regulations to become a bankholding company and/or to acquire theassets or the ownership of, control of, orthe power to vote shares of a bank orbank holding company and all of thebanks and nonbanking companies

owned by the bank holding company,including the companies listed below.

The applications listed below, as wellas other related filings required by theBoard, are available for immediateinspection at the Federal Reserve Bankindicated. The application also will beavailable for inspection at the offices ofthe Board of Governors. Interestedpersons may express their views inwriting on the standards enumerated inthe BHC Act (12 U.S.C. 1842(c)). If theproposal also involves the acquisition ofa nonbanking company, the review alsoincludes whether the acquisition of thenonbanking company complies with thestandards in section 4 of the BHC Act(12 U.S.C. 1843). Unless otherwisenoted, nonbanking activities will beconducted throughout the United States.Additional information on all bankholding companies may be obtainedfrom the National Information Centerwebsite at www.ffiec.gov/nic/.

Unless otherwise noted, commentsregarding each of these applicationsmust be received at the Reserve Bankindicated or the offices of the Board ofGovernors not later than September 18,2000.

A. Federal Reserve Bank ofMinneapolis (JoAnne F. Lewellen,Assistant Vice President) 90 HennepinAvenue, Minneapolis, Minnesota55480–0291:

1. Marquette County FinancialCorporation, Negaunee, Michigan; tomerge with Tanis Inc., Calumet,Michigan, and thereby indirectlyacquire voting shares of First NationalBank of Calumet-Lake Linden, Calumet,Michigan.Board of Governors of the Federal ReserveSystem, August 21, 2000.Robert deV. Frierson,Associate Secretary of the Board.[FR Doc. 00–21691 Filed 8–24–00; 8:45 am]BILLING CODE 6210–01–P

GENERAL SERVICESADMINISTRATION

Availability of Final EnvironmentalImpact Statement (FEIS) Proposed U.S.Courthouse, Springfield, MA

Pursuant to section 102(2)(C) of theNational Environmental Policy Act(NEPA) of 1969, as amended, asimplemented by the Council onEnvironmental Quality (40 CFR Parts1500–1508), the General ServicesAdministration (GSA) has filed with theU.S. Environmental Protection Agencyand made available to other governmentand interested private parties, the FinalEnvironmental Impact Statement (FEIS)



for the construction of a U.S.Courthouse in the City of Springfield,Hampden County, Massachusetts.

The FEIS is one file at the SpringfieldCity Hall, Clerk’s Office, 36 Court Street;Springfield Public Library, ReferenceDesk, 220 State Street; and GeneralServices Administration, 10 CausewayStreet, Ninth Floor, Boston,Massachusetts.

Additional information may beobtained from the General ServicesAdministration, Region 1, Attention:Frank Saviano, Project Manager, GSATechnical Support Division, 10Causeway Street, Room 975, Boston,MA 02222. Telephone 617.565.5494FAX 617.565.5967

Written comments on the FEIS may besubmitted until September 25, 2000 andshould be addressed to the GeneralServices Administration in care of theabove noted individual.

Issued in Boston, Massachusetts on August8, 2000.Robert J. Dunfey, Jr.,Regional Administrator.[FR Doc. 00–21145 Filed 8–24–00; 8:45 am]BILLING CODE 6820–23–M


Centers for Disease Control andPrevention

Clinical Laboratory ImprovementAdvisory Committee (CLIAC): Meeting

In accordance with section 10(a)(2) of theFederal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease Control andPrevention (CDC) announces the followingcommittee meetings.

Name: Clinical Laboratory ImprovementAdvisory Committee (CLIAC).

Times and Dates: 8:30 a.m.–5 p.m.,September 27, 2000, 8:30 a.m.–3:30 p.m.,September 28, 2000.

Place: CDC, Koger Center, WilliamsBuilding, Conference Rooms 1802 and 1805,2877 Brandywine Road, Atlanta, Georgia30341.

Status: Open to the public, limited only bythe space available. The meeting roomaccommodates approximately 85 people.

Purpose: This committee is charged withproviding scientific and technical advice andguidance to the Secretary of Health andHuman Services, the Assistant Secretary forHealth, and the Director, CDC, regarding theneed for, and the nature of, revisions to thestandards under which clinical laboratoriesare regulated; the impact of proposedrevisions to the standards; and themodification of the standards toaccommodate technological advances.

Matters to be Discussed: The morningsession of the first day will be devoted toorientation of new members. The orientation

is background information on the process fornew committee members. Although membersof the public may attend, the orientation isnot part of the public meeting. The agendawill include an orientation of new members,workgroup report on specimens and testsystems not currently regulated underClinical Laboratory ImprovementAmendments (CLIA), and updates from CDC,Food and Drug Administration and HealthCare Financing Administration.

The Committee solicits oral and writtentestimony on specimens and test systems notcurrently regulated under CLIA. Requests tomake an oral presentation should besubmitted in writing to the contact personlisted below by close of business, September20, 2000. All requests to make oral commentsshould contain the name, address, telephonenumber, and organizational affiliation of thepresenter.

Written comments should not exceed fivesingle-spaced typed pages in length andshould be received by the contact personlisted below by close of business, September20, 2000.

Agenda items are subject to change aspriorities dictate.

Contact Person for Additional Information:Rhonda Whalen, Acting Chief, LaboratoryPractice Standards Branch, Division ofLaboratory Systems, Public Health PracticeProgram Office, CDC, 4770 Buford Highway,NE, Mailstop F–11, Atlanta, Georgia 30341–3724, telephone 770/488–8042, fax 770/488–8279.

The Director, Management Analysis andServices Office, has been delegated theauthority to sign Federal Register noticespertaining to announcements of meetings andother committee management activities forboth CDC and the Agency for ToxicSubstances and Disease Registry.

Dated: August 18, 2000.Carolyn J. Russell,Director, Management Analysis and ServicesOffice, Centers for Disease Control andPrevention.[FR Doc. 00–21719 Filed 8–24–00; 8:45 am]BILLING CODE 4163–18–P



Citizens Advisory Committee on PublicHealth Service Activities and Researchat Department of Energy (DOE) Sites:Fernald Health Effects Subcommittee:Meeting

In accordance with section 10(a)(2) ofthe Federal Advisory Committee Act(Pub. L. 92–463), the Agency for ToxicSubstances and Disease Registry(ATSDR) and the Centers for DiseaseControl and Prevention (CDC) announcethe following meeting.

Name: Citizens Advisory Committee onPublic Health Service Activities and

Research at DOE Sites: Fernald Health EffectsSubcommittee (FHES).

Time and Date: 9 a.m.—9 p.m., September20, 2000.

Place: The Plantation, 9660 Dry Fork Road,Harrison, Ohio 45020, telephone 513/367–5610.

Status: Open to the public, limited only bythe space available. The meeting roomaccommodates approximately 50 people.

Background: Under a Memorandum ofUnderstanding (MOU) signed in December1990 with DOE and replaced by an MOUsigned in 1996, the Department of Health andHuman Services (HHS) was given theresponsibility and resources for conductingepidemiologic investigations of residents ofcommunities in the vicinity of DOE facilities,workers at DOE facilities, and other personspotentially exposed to radiation or topotential hazards from non-nuclear energyproduction use. HHS delegated programresponsibility to CDC.

In addition, a memo was signed in October1990 and renewed in November 1992between ATSDR and DOE. The MOUdelineates the responsibilities andprocedures for ATSDR’s public healthactivities at DOE sites required undersections 104, 105, 107, and 120 of theComprehensive Environmental Response,Compensation, and Liability Act (CERCLA or‘‘Superfund’’). These activities include healthconsultations and public health assessmentsat DOE sites listed on, or proposed for, theSuperfund National Priorities List and atsites that are the subject of petitions from thepublic; and other health-related activitiessuch as epidemiologic studies, healthsurveillance, exposure and disease registries,health education, substance-specific appliedresearch, emergency response, andpreparation of toxicological profiles.

Purpose: This subcommittee is chargedwith providing advice and recommendationsto the Director, CDC, and Administrator,ATSDR, pertaining to CDC’s and ATSDR’spublic health activities and research atrespective DOE sites. The purpose of thismeeting is to provide the public with avehicle to express concerns and provideadvice and recommendations to CDC andATSDR.

Matters To Be Discussed: Agenda itemsinclude an update from ATSDR on ongoingpublic health activities, presentations on theFernald Aquifer Project, and continueddiscussion of completing the FHES business.

Agenda items are subject to change aspriorities dictate.

Contact Persons for More Information:Mike R. Donnelly, Radiation Studies Branch,Division of Environmental Hazards andHealth Effects, National Center forEnvironmental Health, CDC, 1600 CliftonRoad, NE, M/S E–39, Atlanta, Georgia 30333,telephone 404/639–2550, fax 404/639–2575.

The Director, Management Analysis andServices Office, has been delegated theauthority to sign Federal Register noticespertaining to announcements of meetings andother committee management activities, forboth CDC and ATSDR.



Dated: August 18, 2000.Carolyn J. Russell,Director, Management Analysis and ServicesOffice, Centers for Disease Control andPrevention.[FR Doc. 00–21715 Filed 8–24–00; 8:45 am]BILLING CODE 4163–18–P



Fees for Sanitation Inspections ofCruise Ships

AGENCY: Centers for Disease Control andPrevention (CDC), Department of Healthand Human Services (HHS).

ACTION: Notice.

SUMMARY: This notice announces feesfor vessel sanitation inspections forfiscal year 2001: October 1, 2000,through September 30, 2001.

EFFECTIVE DATE: October 1, 2000.

FOR FURTHER INFORMATION CONTACT:David L. Forney, Chief, VesselSanitation Program, National Center forEnvironmental Health, Centers forDisease Control and Prevention (CDC),4770 Buford Highway, NE, Mailstop F–16, Atlanta, GA 30341–3724, telephone(770) 488–7333, E-mail:[email protected].


Purpose and Background

The fee schedule for sanitationinspections of passenger cruise shipscurrently inspected under the VesselSanitation Program (VSP) was firstpublished in the Federal Register (52FR 45019) on November 24, 1987, andCDC began collecting fees on March 1,1988. Since then, CDC has publishedthe fee schedule annually. This noticeannounces fees effective October 1,2000.

The formula used to determine thefees is as follows:

Average cost per inspection =Total Cost of VSP

Weighted No. of Annual Inspections

The average cost per inspection ismultiplied by a size/cost factor todetermine the fee for vessels in eachsize category. The size/cost factor wasestablished in the proposed fee schedulepublished in the Federal Register (52FR 27060) on July 17, 1987, and revisedin a schedule published in the FederalRegister (54 FR 48942) on November 28,1989. The revised size/cost factor ispresented in Appendix A.

Fee

The fee schedule is presented inAppendix A and will be effectiveOctober 1, 2000, through September 30,2001. This fee schedule represents a 7%increase over the current fee schedulewhich became effective October 1, 1997.The increase is primarily due tosubstantial increases in the cost of airtransportation and personnel. If travelexpenses continue to increase, it may benecessary to readjust the fees beforeSeptember 30, 2001, since travelconstitutes a sizable portion of theprogram’s costs. If such a readjustmentin the fee schedule is necessary, a noticewill be published in the FederalRegister 30 days before the effectivedate.

Applicability

The fees will be applicable to allpassenger cruise vessels for whichinspections are conducted as part ofCDC’s VSP.


Joseph R. Carter,Associate Director for Management andOperations, Centers for Disease Control andPrevention (CDC).

APPENDIX A.—SIZE/COST FACTOR

Vessel size GRT 1 Averagecost X

Extra Small ....... < 3,001 0.25Small ................. 3,001–15,000 0.50Medium ............. 15,001–30,000 1.00Large ................. 30,001–60,000 1.50Extra Large ....... 60,000 2.00

FEE SCHEDULE OCTOBER 1, 2000—SEPTEMBER 30, 2001

Vessel size GRT 1 Fee($US)

Extra Small ....... < 3,001 1,150Small ................. 3,001–15,000 2,300Medium ............. 15,001–30,000 4,600Large ................. 30,001–60,000 6,900Extra Large ....... 60,000 9,200

1 GRT-Gross Register Tonnage in cubicfeet, as shown in Lloyd’s Register of Shipping.

Inspections and re-inspectionsinvolve the same procedure, require thesame amount of time, and are, therefore,charged at the same rate.[FR Doc. 00–21718 Filed 8–24–00; 8:45 am]





Food and Drug Administration FinalStudy Report; Feasibility ofAppropriate Methods of InformingCustomers of the Contents of BottledWater

AGENCY: Food and Drug Administration,HHS.ACTION: Notice.

SUMMARY: The Food and DrugAdministration (FDA) is publishing itsfinal study report on the feasibility ofappropriate methods of informingcustomers of the contents of bottledwater, as required by the Safe DrinkingWater Act (SDWA) Amendments. Thisfinal feasibility study report evaluatesand identifies appropriate methods thatmay be feasible for conveyinginformation about bottled water tocustomers.

FOR FURTHER INFORMATION CONTACT:Rebecca J. Buckner, Center for FoodSafety and Applied Nutrition (HFS–306), Food and Drug Administration,200 C St. SW., Washington, DC 20204,202–205–4081.SUPPLEMENTARY INFORMATION:

I. Background

On August 6, 1996, the Presidentsigned into law the SDWA Amendments(Public Law 104–182). Under the PublicNotification section of the SDWAAmendments (section 114), the



Environmental Protection Agency (EPA)was required to issue regulationsmandating that each community watersystem mail to each customer of thesystem an annual report, referred to asa consumer confidence report (CCR), onthe level of contaminants in thedrinking water purveyed by that system.A complete description of theinformation contained in a CCR can befound in section II.A of this document.

In the Federal Register of February13, 1998 (63 FR 7606), EPA publisheda proposed rule to require local watersystems to provide an annual CCR totheir customers. Based on that proposal,EPA published a final rule on August19, 1998 (63 FR 44511). Section 114(b)of the SDWA Amendments requiredthat, no more than 18 months after thedate of its enactment, FDA, inconsultation with EPA, publish fornotice and comment a draft study on thefeasibility of appropriate methods, ifany, of informing customers of thecontents of bottled water. Section 114(b)of the SDWA Amendments alsorequired us to publish a final study notlater than 30 months after enactment ofthe SDWA Amendments.

In the Federal Register of November12, 1997 (62 FR 60721) (hereinafterreferred to as the 1997 notice), wepublished a notice requesting commenton several matters relevant to thefeasibility of appropriate methods ofinforming customers of the contents ofbottled water. In the Federal Register ofFebruary 22, 2000 (65 FR 8718), wepublished a draft feasibility study report(the draft study). In the draft study weevaluated the information received andidentified appropriate methods that maybe feasible for conveying informationabout bottled water to customers. In thedraft study, we stated that commentsreceived on the draft study would beevaluated and considered in preparationof the final report. Interested personswere given until April 24, 2000, tocomment on the draft study. Wereceived over 250 letters, eachcontaining one or more comments, fromgovernment agencies, States, consumergroups, and members of the public inresponse to the draft study. We haveevaluated those comments in preparingthis final feasibility study report.

II. Response to Comments

A. Congressional Mandate for Us UnderSection 114(b) of the SDWAAmendments

(Comment 1) Several commentsmaintained that Congress, because ofthe mandate to us to publish a study onthe feasibility of appropriate methods, ifany, of informing customers of the

contents of bottled water, intended forus to engage in rulemaking on feasiblemethods, if found.

We disagree with these comments.The plain language in section 114(b) ofthe SDWA Amendments states that we‘‘shall publish for public notice andcomment a draft study’’ and ‘‘shallpublish a final study * * *.’’ Thus, ourcharge under the SDWA Amendments isto publish a draft and final study on thefeasibility of appropriate methods, ifany, of informing customers of thecontents of bottled water. There is nolanguage in section 114(b) of the SDWAAmendments requiring us to issueregulations. On the contrary, Congressdid clearly express its intent in othersections of the SDWA Amendmentswhere it wanted regulations to beissued. For example, section 114(a) ofthe SDWA Amendments on consumerconfidence reports, states that EPA‘‘shall issue regulations * * *.’’ No suchsimilar intent was expressed in theplain language of the statute, undersection 114(b). Therefore, section 114(b)of the SDWA Amendments does notrequire us to issue regulations; section114(b) requires us to publish a draft andfinal feasibility study. Moreover, theConference Report on the Safe DrinkingWater Act Amendments of 1996 (H.Rept. 104–741, at 9701 (1996)) states,‘‘The study is intended to provideinformation on the feasibility ofinforming customers concerning thecontents of bottled water, and is notintended to prejudge the question ofwhether such information requirementsare necessary.’’ The question aboutwhether information requirements arenecessary is outside the scope of thisfinal feasibility study. We plan toconsider, based on the findings in thefinal feasibility study, whether to engagein future rulemaking on informationrequirements on the contents of bottledwater.

(Comment 2) A few comments statedthat all of the information outlined byEPA for inclusion in a CCR should beplaced on the label of bottled waterbecause consumers have a right to knowthis information at point of purchase.

A discussion of an individual’s rightto know certain information on bottledwater is beyond the scope of this study.The SDWA Amendments directed us tostudy the feasibility of appropriatemethods, if any, of informing customersof the contents of bottled water, notwhether an individual has a right toknow information on the contents ofbottled water. To the extent that thesecomments assert that it is an appropriateand feasible method to include all CCR-type information on the label of bottled

water, we respond to such assertion incomment 8 of this document.

(Comment 3) Several commentsrequested that more information oncontaminants and their health effectsthan what is contained in a CCR beplaced on the labels of bottled water.Conversely, other comments maintainedthat it is not necessary to provide anyof the CCR-type information on bottledwater to customers; the commentsfurther stated that bottled watercompanies already do provide thisinformation voluntarily to customerswho request it. In addition, severalcomments requested that fluoride andsodium content be provided on labels ofbottled water. These commentsindicated that fluoride information isimportant so that customers and healthprofessionals can determine if anindividual’s fluoride intake isappropriate and information on sodiumis important for individuals on a lowsodium diet.

A discussion about whether it isnecessary to provide, to customers,more information than what iscontained in a CCR or more than whatis currently required on the contents ofbottled water is beyond the scope of thisstudy. The SDWA Amendmentsdirected us to study the feasibility ofappropriate methods, if any, ofinforming customers of the contents ofbottled water, not whether informationis necessary. Please note that thesodium content of bottled water isalready required to be declared on thelabel, consistent with 21 CFR101.9(c)(4).

B. Information About the Contents ofBottled Water

We stated in the draft study that webelieve that much of the informationcontained in a CCR is applicable tobottled water (65 FR 8718 at 8721). Wenote that a CCR, as outlined by EPA,contains the following: (1) Informationabout the source of drinking water; (2)definitions of ‘‘maximum contaminantlevel’’ (MCL), ‘‘maximum contaminantlevel goal’’ (MCLG), ‘‘exemption’’ and‘‘variance’’; (3) the MCL, MCLG, andcontaminant level detected in the waterfor regulated contaminants found in thewater during the year and, for anycontaminant detected that violates theMCL during the year, information on thehealth effects that led EPA to regulatethat contaminant; (4) information oncompliance with EPA’s NationalPrimary Drinking Water Regulations andnotice if the system operates under avariance or an exemption and the basison which the variance or exemption wasgranted; (5) information on the levels ofunregulated contaminants for which



monitoring by the system is required(including, for example, levels ofCryptosporidium and radon whereStates determine such levels may befound); and (6) a statement that thepresence of contaminants in drinkingwater does not necessarily indicate thatthe drinking water poses a health risk,and that more information aboutcontaminants and potential health riskscan be obtained by calling the EPAhotline.

In the draft study, we stated that,while much of the informationcontained in a CCR is applicable tobottled water, we recognize that certaininformation contained in a CCR isrelevant only to public drinking watersystems. Such information includes thedefinition and statement of MCLG’s andMCL’s and information on publicdrinking water systems operating undera variance and other information that isrelevant only to public drinking watersystems regulated by EPA, such asinformation on EPA’s drinking waterhotline.

In the draft study, we noted that ourintent in the 1997 notice was to solicitinformation that was analogous to thatoutlined by EPA for inclusion in a CCR(see above). Although we recognize thatthe SDWA Amendments provide forStates to develop alternativerequirements with respect to the formand content of a CCR, it was not ourintent to solicit a broad range ofinformation but rather to limit thediscussion to information that isanalogous to that outlined by EPA forinclusion in a CCR.

(Comment 4) Several comments statedthat contaminants should be discussedin terms of MCLG’s rather thanallowable levels for contaminants inbottled water. These commentsmaintained that MCLG’s are health-based goals for drinking water, unlikeEPA’s MCL’s and FDA’s allowablelevels that are simply based on MCLG’sand that are not health-based standards.Further, several comments advocatedgiving health effects information for allcontaminants that exceed EPA’sMCLG’s.

In order to respond to this comment,it is important to note that EPAestablishes MCLG’s and MCL’s forcontaminants in public drinking water,while FDA establishes quality standardswith allowable levels for contaminantsand other constituents in bottled water.

To the extent that these commentssuggest that it is an appropriate methodto discuss contaminants in bottled wateras MCLG’s rather than as our allowablecontaminant levels, we do not agreewith these comments. EPA’s MCLG’sand MCL’s are both health-based

standards for contaminant levels. Ourallowable levels for contaminants andother constituents in bottled water areestablished under a quality standard (21CFR part 165.110), but are based onEPA’s MCL’s and, therefore, are alsohealth-based standards.

We have already stated that, for thepurposes of determining the feasibilityof appropriate methods of informingcustomers of the contents of bottledwater, we intended for the scope of theinformation discussed in this study tobe analogous to that outlined by EPA forinclusion in a CCR. Public drinkingwater systems are required, in theirCCR’s, to provide information regardingthe health concerns that resulted inregulation of a contaminant, when thatcontaminant exceeds a MCL, not aMCLG. The risks from a contaminantthat exceeds a MCLG but not a MCL oran allowable level is negligible and,therefore, health effects informationmay not be appropriate. Because ourallowable levels are based on EPA’sMCL’s, we believe that it would be anappropriate method to base anyinformation regarding health concernsfor contaminants in bottled water on ourallowable levels. MCLG and MCL areterms defined by EPA for publicdrinking water and not for bottledwater. Therefore, we disagree that it isan appropriate method to discusscontaminants in terms of MCLG’s ratherthan allowable levels.

(Comment 5) Several commentsrequested that EPA’s drinking waterhotline be provided to customers or thatwe establish a bottled water hotline.

We do not believe that it would beappropriate to direct customers to EPA’sdrinking water hotline for informationon bottled water because EPA’s hotlineonly provides information on publicdrinking water. However, we agree thatan information hotline for generalinformation on bottled water would beanalogous to CCR-type informationavailable for drinking water. In fact,consumers who have questions aboutbottled water can contact us on our foodinformation hotline, 1–888–SAFEFOOD(1–888–723–3366), and receiveinformation on bottled water that issimilar to the type of information ondrinking water provided by EPA on itsdrinking water hotline.

(Comment 6) Several commentsindicated that, in addition to theinformation contained in a CCR, bottledwater information should include amineral profile, hydrogen-ionconcentration (pH) and hardnessmeasurements, and information on thetype of treatment the water has receivedso that immunocompromisedindividuals can determine whether the

water has been treated by one of themethods recommended by the Centersfor Disease Control and Prevention forthe elimination of Cryptosporidium.Cryptosporidium is a parasite that hascaused serious waterborne illnessoutbreaks, particularly amongimmunocompromised individuals, fromthe consumption of contaminatedpublic drinking water. Comments alsosuggested that a ‘‘date bottled’’statement, a lot code, an ‘‘expirationdate’’ and a ‘‘refrigerate after opening’’statement should be provided on thelabel.

In the draft study, we noted that ourintent in the 1997 notice was to solicitinformation that was analogous to thatoutlined by EPA for inclusion in a CCR(see above). Although we recognize thatthe SDWA Amendments provide forStates to develop alternativerequirements with respect to the formand content of a CCR, it was not ourintent to solicit a broad range ofinformation but rather to limit thediscussion to information that isanalogous to that outlined by EPA forinclusion in a CCR. Therefore,consideration of information that is notwithin the context of the SDWAAmendments (i.e., analogous toinformation outlined by EPA forinclusion in a CCR) is beyond the scopeof this study and would be consideredin any future rulemaking on this subject,if undertaken by us.

C. Feasibility of Appropriate Methods ofInforming Customers of the Contents ofBottled Water

In the draft study, we evaluated theappropriateness and feasibility of sixmethods of informing customers of thecontents of bottled water. Thesemethods included information on thelabel, a phone number/address forcompany contact on the label, acombination of the two previousmethods (some information on the label,some available through companycontact), a pamphlet at point ofpurchase, an information packagedistributed with bulk water deliveries,and the Internet.

(Comment 7) Several comments statedthat if it is feasible for public drinkingwater systems to provide theircustomers with content information onan annual basis, then it is feasible forbottled water manufacturers to providetheir customers with contentinformation on an annual basis,regardless of the method.

We agree that it is feasible for thebottled water industry to provide CCR-type information, updated on a yearlybasis, to their customers, as publicdrinking water systems are required to



provide to their customers. However,certain methods may be more feasiblethan others for providing such annualupdates. Moreover, we note thatcontaminant information about bottledwater that is updated annually may notrepresent the contents of any oneindividual bottle of water but mayrepresent the contaminant history for aspecific time period.

1. Information on the LabelIn the draft study, we stated that

placing information on the label is anappropriate method to inform customersabout the contents of bottled water.However, we questioned the feasibilityof placing all of the information that isanalogous to information contained in aCCR on the label of bottled water. Wetentatively determined that the amountof information contained in a CCR, asoutlined by EPA, is considerable and, ifplaced on a bottled water label, wouldresult in label clutter.

We stated in the draft study that wealso have concerns about the economicfeasibility of placing information on alabel that has the potential to change ona frequent basis as a result of ongoingmonitoring that is required under 21CFR part 129, ‘‘Processing and Bottlingof Bottled Drinking Water.’’ Costsassociated with labeling changes toaccurately report information thatchanges on a regular basis could be aneconomic hardship to companies. Inaddition, frequently changinginformation may result in a productlabel that is no longer accurate, due tochanging test results, which maymisbrand the product under section 403of the Federal Food, Drug, and CosmeticAct (21 U.S.C. 343). Therefore, wetentatively determined that it is notfeasible to place on a bottled water labelall of the information that would beanalogous to that contained in a CCR.

(Comment 8) Comments thataddressed the issue of whether it isfeasible to place all of the bottled waterinformation analogous to that containedin a CCR on a bottled water label, withthe exception of the comments incomment 2 of this document, stated thatit is not feasible to do so.

We agree with the comments thatstated it is not feasible to provide all ofthe information that is analogous to thatcontained in a CCR on a bottled waterlabel. Such information would beexcessive in limited label space,particularly on the small, single servingbottles. In addition, information thatrequires frequent changes due tochanging test results may result in aproduct label that is no longer accurate,which may result in a misbrandedproduct. Costs of frequent label changes

that are necessary to ensure accurateinformation on the contents of a bottledwater product, due to frequentlychanging information, may present aneconomic hardship to companies.Moreover, even annual updates thatrepresent the contaminant historywould need information to put thehistory for all such CCR-typeinformation in context for the customerand would be excessive in limited labelspace. We believe that other methodsdiscussed below may be more feasiblefor informing customers about the CCR-type information on bottled water.

2. Information Available by CompanyContact

In the draft study, we tentativelydetermined that a phone number or anaddress on the label directing customerson how to obtain information from thecompany is an appropriate and feasiblemethod of providing information tocustomers. Telephones and mail areavailable to almost all customers.Information provided in this mannercan also be kept current. It is the leastcostly method to industry of providinginformation to customers because itdoes not require frequent label changes.Moreover, the startup costs would onlyapply to a portion of the industry sincemany firms already provide informationto customers in this manner.

(Comment 9) Most comments receivedon the draft study stated that making allor some of the CCR-type information onbottled water obtainable via a phonenumber or an address on the label withdirections to customers on how toobtain information from the company isappropriate and feasible. Severalcomments maintained that the labelshould provide a toll-free number to callfor information, while other commentsstated that a toll-free number would bea financial burden for small bottledwater manufacturers.

We agree with these comments that itis both appropriate and feasible forwater bottlers to provide CCR-typeinformation to customers through aphone number or an address on thelabel directing customers on how toobtain information from the company.Determining whether the companyshould provide a toll-free numberversus a toll number or an address tocustomers is beyond the scope of thisstudy.

The comments maintaining that a toll-free number would be an economicburden for small bottled watermanufacturers provided no informationto support their assertion. In the draftstudy, we did not find the cost ofproviding information to customers viaa toll-free number to be economically

prohibitive and are not persuaded bycomments to alter that finding.

3. Information Available by theCombination Approach

In the draft study, we tentativelydetermined that it would be appropriateto provide information to bottled watercustomers by placing certain individualpieces of information on the label, whilemaking other CCR-type informationavailable to customers through contactwith the company (i.e., a combinationapproach). We also stated that webelieve that this method is feasible aslong as the particular information that isplaced on the label does not requirefrequent changes as a result of ongoingmonitoring for contaminants.

(Comment 10) A few commentsadvocated providing lists ofcontaminants that exceed MCLG’s, ourallowable level for the contaminant, andhealth effects for the contaminant on thelabel or lists of all regulatedcontaminants detected and theirallowable levels on the label, with allother CCR-type information availablethrough company contact. These samecomments, that advocated listingcontaminants on the label, stated thatthe number of contaminants that wouldneed to be listed would be minimal; onecomment estimated that the numberwould be less than six, based onanecdotal evidence from publicdrinking water CCR’s. Some commentsstated that listing contaminants on thelabel would not lead to label clutterbecause the labels could be expanded oran additional label that hangs aroundthe neck of the bottle could be used.Other comments that advocated listingcontaminants on the label did notaddress label space, but stated that it isimportant that this information beimmediately and easily available to thecustomer.

We do not agree with thesecomments. Even if the number ofcontaminants to be included is minimal,when this information is combined withthe additional information (e.g.,allowable levels, possible sources of thecontaminant, and health effectsinformation, if necessary) that would beneeded to put the contaminantinformation in context for the customer,such information could be excessive inlimited label space, particularly on thesmall, single serving bottles. Wediscourage the use of labels that fold outor hang around the neck of a bottle.These labels can be easily removed ortorn apart before purchase or before theproduct reaches the final consumer,resulting in a product that could bemisbranded.



While we agree that the label is anappropriate method for listing certainCCR-type information, as discussed incomment 11 of this document, andprovides immediate information tocustomers, we disagree that such amethod is appropriate and feasible forall CCR-type information for the reasonspreviously stated. In addition, webelieve that CCR-type informationobtained through other methods, forexample through company contact, alsois easily available to customers.Comments did not provide informationto indicate otherwise.

(Comment 11) Many commentsadvocated that one or two pieces ofinformation, such as a specificstatement of the source of the water andany treatment the water received orlevels of specific contaminants (i.e.,fluoride, lead, arsenic, mercury,radioactive compounds), be placed onthe label, while all other CCR-typeinformation be available by contactingthe company.

We agree that placing some pieces ofinformation on the label, while otherCCR-type information is available bycontacting the company, is anappropriate and feasible method ofinforming customers of the contents ofbottled water. We do not agree that it isfeasible to place pieces of informationon the label that are not consistent fromproduct to product and may result inexcessive information (i.e., contaminantlistings that would require considerableadditional text to place the informationin context for the bottled watercustomer) in limited label space.

(Comment 12) A few comments alsocontended that updating contaminantinformation yearly on a bottled waterlabel would not be burdensomeeconomically to the bottled waterindustry.

This comment seems to suggest thatupdating contaminant informationyearly on a bottled water label isfeasible because it would not create aneconomic burden to the bottled waterindustry. Whether such a label changewould create an economic burdenwould likely depend upon the scopeand detail of information that would beincluded as ‘‘contaminant information,’’e.g., whether such information includesa listing of contaminants, allowablecontaminant levels, possible sources ofcontaminants, health effectsinformation, etc. If requiring firms tochange labels annually in order toupdate contaminant informationincreased the frequency of scheduledlabel changes, such label changes wouldresult in a greater cost than what wouldexist in the absence of such arequirement. According to a survey of

practices in the bottled drink industry,the average time between typical labelchanges is over 22 months (ResearchTriangle Institute, ‘‘Compliance Costs ofFood Labeling Regulations,’’ January1991). Requiring firms to update theinformation on labels every 12 monthswould increase the frequency of labelchanges and would therefore impose anadditional cost on the industry. Whethersuch cost would result in an economicburden may depend on how muchinformation needs to be updated.

4. Information in a Pamphlet

In the draft study, we tentativelyconcluded that providing CCR-typeinformation to customers in a pamphletthat is available at retail may not be themost feasible method when othermethods of conveying information areavailable. Information on bottled watercontained in a pamphlet would besubject to the same frequent changesthat may be necessary for labelinformation due to changing test resultsfrom ongoing monitoring. In addition,there would be practical concerns aboutassuring that the pamphlets wereconsistently available at point ofpurchase.

(Comment 13) Comments did notsupport placement of a pamphletcontaining CCR-type information aboutbottled water at the point of purchase asan appropriate and feasible method ofproviding information to customers.One comment stated that retailerscarrying several brands of bottled watermight be required to keep a virtuallibrary of bottled water pamphlets andthe burden of stocking them also wouldbe on the retailer.

We agree with the comments andbelieve that pamphlets at point ofpurchase are not a feasible method ofproviding CCR-type information onbottled water to customers.

5. Distribution of an InformationPackage With Bulk Water Deliveries

In the draft study, we tentativelydetermined that it would be appropriateand feasible for bulk water deliverers toinclude an information package with abill or deliver it with an invoice. Aninformation package could be preparedin response to any changes ininformation about the deliveredproduct, rather than printed in advanceas labels typically are. The informationalso could be provided to customers bybulk deliverers only in response tocustomer request. This would reducethe chance for customers who are notseeking additional information on thecontents of bottled water to be confusedby information that may not be relevant

to them or in which they have nointerest.

(Comment 14) Many commentsindicated that it would be appropriateand feasible for bulk water deliverers toprovide customers with CCR-typeinformation on bottled water on a yearlybasis. A few comments noted that thelabel of bulk water containers shouldcontain the same information as smallerbottles of water and that a package ofinformation delivered with a largecontainer of water should not substitutefor the label.

We agree with comments that statedthat it is both appropriate and feasiblefor bulk water deliverers to provideCCR-type information to their customerson a yearly basis. Bulk water delivererscould include this information with abill or invoice. We also note that thelabels of bulk containers of water arerequired to carry the same informationas smaller bottles of water and thatinformation delivered with a largecontainer of water would not substitutefor the label that is required on theproduct itself.

6. Information Available on the Internet

In the draft study, we tentativelydetermined that it may not beappropriate for the Internet to be thesole source of information on thecontents of bottled water for customers,because not all customers have access toit. According to the 1999 EconomicReport of the President (Washington,DC, 1999), approximately 70 millionAmericans (26 percent of the U.S.population) have access to the Internet.It is an appropriate and feasible methodof providing information to customerswho have access to the Internet;however, it may need to be used incombination with another method toensure that all bottled water customershave access to CCR-type information.

(Comment 15) Most comments statedthat the Internet was not appropriate asthe sole source of CCR-type informationto bottled water customers and a fewnoted that small bottled water producersmight experience an economic burden ifmade to create and maintain a website.A few comments indicated that theInternet is an appropriate and feasiblemethod of providing bottled waterinformation to customers. Thesecomments suggested that, if creating andmaintaining a website would beburdensome to small bottled waterproducers, we could defray the costs oftheir website or provide the informationon our website. Another commentindicated that we should maintain awebsite with CCR-type information onall bottled water producers.



The comments did not dissuade usfrom our belief that the Internet is notappropriate as the sole source ofinformation on bottled water forcustomers because all customers do nothave access to it. Comments requestingthat we establish a website for bottledwater information or defray costs tosmall producers for creating andmaintaining a website are beyond thescope of this study.

(Comment 16) One comment statedthat we underestimated by 1,000-foldthe cost of creating and maintaining awebsite.

We estimated that it would cost$2,000 to $7,500 per year to create andmaintain a website with information onbottled water. We believe our estimateis correct for the cost of a website thatprovides information only on thecontents of bottled water. A website thatcontains graphics and other informationwould likely cost more than ourestimate. However, we calculated thecost of providing only CCR-typeinformation on bottled water tocustomers in a simple text format.

III. Our Final Report on the Feasibilityof Appropriate Methods of InformingCustomers of the Contents of BottledWater

A. Information on the Contents ofBottled Water

In the draft study, we tentativelydetermined that much of theinformation contained in a CCR isapplicable to bottled water, with theexception of a definition and statementof MCLG’s, information on publicdrinking water systems operating undera variance, and other information that isrelevant only to public drinking watersystems regulated by EPA, such asinformation on EPA’s drinking waterhotline. No substantive comments werereceived. Therefore, we have concludedthat the information contained in a CCR,with the exceptions noted above, isapplicable to bottled water.

We intended to limit discussion ofinformation on the contents of bottledwater to information that is analogous tothat outlined by EPA for inclusion in aCCR. However, we recognize thatcertain information, such as the type oftreatment the bottled water hasreceived, that is not contained in a CCRmay be of particular interest to certaincustomers and, should we engage inrulemaking on this subject in the future,we would consider requiring thatmanufacturers of bottled water providethis information to customers.

B. Methods We Have Determined AreAppropriate and Feasible for InformingCustomers of the Contents of BottledWater

There are several methods that wehave determined are both appropriateand feasible for providing informationto customers on the contents of bottledwater. In addition, we have determinedthat it is feasible for bottled waterproducers to provide CCR-typeinformation on bottled water, updatedannually, to customers as publicdrinking water systems are required todo for their customers.

1. Information by Company ContactIn the draft study, we tentatively

determined that a phone number or anaddress on the label directing customerson how to obtain information from thecompany is an appropriate and feasiblemethod of providing information tocustomers. Comments did not provideany information contradicting ourtentative determination. Therefore, wehave determined that it is bothappropriate and feasible to provideCCR-type information to customersthrough a phone number or an addresson the label directing customers on howto obtain information from thecompany.

2. Information by the CombinationApproach

We also believe that the combinationapproach (i.e., particular pieces of CCR-type information would be placed onthe label, and the remainder of theinformation would be available throughcontact with the company by phone ormail) is appropriate and feasible. In thedraft study, we tentatively determinedthat this method is appropriate andfeasible and has the benefit of deliveringcertain pieces of information tocustomers at the point of purchase. Themajority of comments agreed with ourtentative conclusion.

Therefore, we have determined thatthe combination approach is anappropriate and feasible method ofproviding CCR-type information tobottled water customers, provided thatthe information that appears on thelabel does not result in excessiveinformation (e.g., contaminant listingsthat would require considerableadditional text to place the informationin context for the bottled watercustomer) in limited label space.

3. Distribution of an InformationPackage With Bulk Water Deliveries

In the draft study, we tentativelyconcluded that this is an appropriateand feasible method of informing bulkbottled water customers of the contents

of bottled water by distributing aninformation package with bulk waterdeliveries. The majority of comments tothe draft study agreed with our tentativeconclusion.

We have determined that it is bothappropriate and feasible for bulk waterdeliverers to include an informationpackage containing CCR-typeinformation on bottled water with a billor to deliver the information packagewith an invoice.

C. Methods We Have Determined AreNot Appropriate and Feasible forInforming Customers of the Contents ofBottled Water

There are several methods that wehave determined are not appropriateand feasible for providing informationto customers on the contents of bottledwater.

1. Information on the LabelIn the draft study, we stated that

placing information on the label is anappropriate method of conveyinginformation to bottled water customers;however, we questioned the feasibilityof placing all CCR-type information, inparticular information that mightchange frequently, on the label ofbottled water. Concerns over excessiveinformation in limited label space,potential misbranding and the potentialeconomic burden of frequent labelchanges led us to tentatively determinethat it is not feasible to place all of theinformation on a bottled water label thatwould be analogous to informationcontained in a CCR.

Some comments received on the draftstudy maintained that customers needCCR-type information in order to beinformed and that this informationwould not crowd the label because thenumber of contaminants listed would beminimal, even though these commentsalso advocated information on allowablelevels, possible sources of thecontaminant, and health effectsinformation to be included on the label.We continue to have concerns aboutexcessive information in limited labelspace and the cost of frequent labelchanges. We believe that the amount ofinformation that would need to go onthe label to place the contaminantinformation, as suggested in thesecomments, in context for the bottledwater customer may be considerableand could lead to excessive informationin limited label space. Therefore, wehave determined that placing all of theinformation that is analogous to thatcontained in a CCR on a bottled waterlabel is not an appropriate and feasiblemethod to inform customers of thecontents of bottled water.



2. Information in a PamphletIn the draft study, we tentatively

determined that providing CCR-typeinformation to customers in a pamphletavailable at retail may not be the mostfeasible method of informing customerswhen other methods are available. Wecited concerns over ensuring that theinformation in the pamphlets is currentand that the pamphlets are consistentlyavailable at retail. Comments receivedon the draft study agreed with ourassessment. Therefore, we havedetermined that placing pamphletscontaining CCR-type information withbottled water at retail is not a feasiblemethod of informing customers of thecontents of bottled water.

3. Information Available on the InternetIn the draft study, we tentatively

concluded that the Internet is notappropriate as the sole method ofproviding information on the contentsof bottled water to customers becausenot all customers may have access to it.Most comments agreed with ourtentative conclusion. Therefore, we havedetermined that the Internet is notappropriate as the sole method ofproviding information on the contentsof bottled water to customers.

Dated: August 21, 2000.Margaret M. Dotzel,Associate Commissioner for Policy.[FR Doc. 00–21757 Filed 8–22–00; 3:50 pm]BILLING CODE 4160–01–F


Health Care Financing Administration

[HCFA–1149–N]

Medicare Program; September 11 and12, 2000, Meeting of the PracticingPhysicians Advisory Council

AGENCY: Health Care FinancingAdministration (HCFA), HHS.ACTION: Notice of meeting.

SUMMARY: In accordance with section10(a) of the Federal Advisory CommitteeAct, this notice announces a meeting ofthe Practicing Physicians AdvisoryCouncil. This meeting is open to thepublic.DATES: The meeting is scheduled forSeptember 11, 2000, from 8:30 a.m.until 5 p.m., and for September 12,2000, from 8:30 a.m. until 1 p.m., e.d.t.ADDRESSES: The meetings will be heldin the Multipurpose Room/Auditorium,1st Floor, Health Care FinancingAdministration Building, 7500 SecurityBoulevard, Baltimore, Maryland 21244.

FOR FURTHER INFORMATION CONTACT: PaulRudolf, Executive Director, PracticingPhysicians Advisory Council, Room435-H, Hubert H. Humphrey Building,200 Independence Avenue, SW.,Washington, D.C. 20201, (202) 690–7874. News media representativesshould contact the HCFA Press Office,(202) 690–6145. Please refer to theHCFA Advisory CommitteesInformation Line (1–877–449–5659 tollfree)/(410–786–9379 local) or theInternet (http://www.hcfa.gov/fac) foradditional information and updates oncommittee activities.

SUPPLEMENTARY INFORMATION: TheSecretary of the Department of Healthand Human Services (the Secretary) ismandated by section 1868 of the SocialSecurity Act to appoint a PracticingPhysicians Advisory Council (theCouncil) based on nominationssubmitted by medical organizationsrepresenting physicians. The Councilmeets quarterly to discuss certainproposed changes in regulations andcarrier manual instructions related tophysicians’ services, as identified by theSecretary. To the extent feasible andconsistent with statutory deadlines, theconsultation must occur beforepublication of the proposed changes.The Council submits an annual reporton its recommendations to the Secretaryand the Administrator of the HealthCare Financing Administration not laterthan December 31 of each year.

The Council consists of 15 physicians,each of whom has submitted at least 250claims for physicians’ services underMedicare or Medicaid in the previousyear. Members of the Council includeboth participating and nonparticipatingphysicians, and physicians practicing inrural and underserved urban areas. Atleast 11 members must be doctors ofmedicine or osteopathy authorized topractice medicine and surgery by theStates in which they practice. Membershave been invited to serve foroverlapping 4-year terms. In accordancewith section 14 of the Federal AdvisoryCommittee Act, terms of more than 2years are contingent upon the renewalof the Council by appropriate actionbefore the end of the 2-year term. TheCouncil held its first meeting on May11, 1992.

The current members are: Jerold M.Aronson, Richard Bronfman, JosephHeyman, Sandral Hullett, Stephen A.Imbeau, Jerilynn S. Kaibel, Angelyn L.Moultrie, Derrick K. Latos, Dale Lervick,Sandra B. Reed, Amilu Rothhammer,Maisie Tam, Victor Vela, Kenneth M.Viste, Jr., and Douglas L. Wood. TheCouncil Chairperson is Derrick L. Latos.

Council members will be updated onthe Provider Enrollment Form, AdvanceBeneficiary Notices (ABN), PhysicianRegulatory Issues Team (PRIT), OIGReferrals, Physician Involvement inBeneficiary Education Efforts, andCarrier Contractor National PolicyIssues.

The agenda will provide fordiscussion and comment on thefollowing topic:

• Evaluation and DocumentationGuidelines.

For additional information andclarification on the aforementionedtopics, call the contact person listedabove.

Individual physicians or medicalorganizations that represent physiciansthat wish to make 5-minute oralpresentations on agenda issues shouldcontact the Executive Director by 12noon, August 29, 2000, to be scheduled.Testimony is limited to listed agendaissues only. The number of oralpresentations may be limited by thetime available. A written copy of thepresenters’ oral remarks should besubmitted to the Executive Director nolater than 12 noon, September 5, 2000,for distribution to Council members forreview prior to the meeting. Physiciansand organizations not scheduled tospeak may also submit writtencomments to the Executive Director andCouncil members.

The meeting is open to the public, butattendance is limited to the spaceavailable. Individuals requiring signlanguage interpretation for the hearingimpaired or other specialaccommodation should contact JohnLanigan at (202) 690–7418 at least 10days before the meeting.(Section 1868 of the Social Security Act (42U.S.C. 1395ee) and section 10(a) of PublicLaw 92–463 (5 U.S.C. App. 2, section 10(a));45 C.F.R. Part 11)(Catalog of Federal Domestic AssistanceProgram No. 93.773, Medicare—HospitalInsurance; and Program No. 93.774,Medicare—Supplementary MedicalInsurance Program)

Dated: August 22, 2000.Nancy-Ann Min DeParle,Administrator, Health Care FinancingAdministration.[FR Doc. 00–21787 Filed 8–24–00; 8:45 am]BILLING CODE 4120–01–P


National Institutes of Health

National Cancer Institute; Meeting

Pursuant to section 10(a) of theFederal Advisory Committee Act, as



amended (5 U.S.C. Appendix 2), noticeis hereby given of a meeting of thePresident’s Cancer Panel.

The meeting will be open to thepublic, with attendance limited to spaceavailable. Individuals who plan toattend and need special assistance, suchas sign language interpretation or otherreasonable accommodations, shouldnotify the Contact Person listed belowin advance of the meeting.

Name of Committee: President’s CancerPanel.

Date: September 14–15, 2000.Time: 9 am to 5 pm.Agenda: Improving Cancer Care for All:

Real People—Real Problems.Place: University of Vermont, Vermont

Cancer Center, Medical Alumni Building,2nd Floor, Burlington, VT 05405.

Contact Person: Maureen O. Wilson,Executive Secretary, National CancerInstitute, National Institutes of Health, 31Center Drive, Building 31, Room 4A48,Bethesda, MD 20892, 301/496–1148.

(Catalogue of Federal Domestic AssistanceProgram Nos. 93.392, Cancer Construction;93.393, Cancer Cause and PreventionResearch; 93.394, Cancer Detection andDiagnosis Research; 93.395, CancerTreatment Research; 93.396, Cancer BiologyResearch; 93.397, Cancer Centers Support;93.398, Cancer Research Manpower, 93.399,Cancer Control, National Institutes of Health,HHS)

Dated: August 17, 2000.LaVerne Y. Stringfield,Director, Office of Federal AdvisoryCommittee Policy.[FR Doc. 00–21707 Filed 8–24–00; 8:45 am]BILLING CODE 4140–01–M



National Institute of Allergy andInfectious Diseases; Closed Meeting

Pursuant to section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the followingmeeting.

The meeting will be closed to thepublic in accordance with theprovisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,as amended. The grant applications andthe discussions could discloseconfidential trade secrets or commercialproperty such as patentable material,and personal information concerningindividuals associated with the grantapplications, the disclosure of whichwould constitute a clearly unwarrantedinvasion of personal privacy.

Name of Committee: National Institute ofAllergy and Infectious Diseases SpecialEmphasis Panel.

Date: August 24, 2000.Time: 2:30 pm to 3:30 pm.Agenda: To review and evaluate grant

applications.Place: Holiday Inn Gaithersburg, 2

Montgomery Avenue, Washingtonian Room,Gaithersburg, MD 20879, (TelephoneConference Call).

Contact Person: Priti Mehrotra, ScientificReview Administrator, Scientific ReviewProgram, Division of Extramural Activities,NIAID, NIH, Solar Building, Room 4C14,6003 Executive Boulevard MSC 7610,Bethesda, MD 20892–7610, 301–496–2550.

This notice is being published less than 15days prior to the meeting due to the timinglimitations imposed by the review andfunding cycle.(Catalogue of Federal Domestic AssistanceProgram Nos. 93.855, Allergy, Immunology,and Transplantation Research; 93.856,Microbiology and Infectious DiseasesResearch, National Institutes of Health, HHS)




National Institute of NeurologicalDisorders and Stroke; Closed Meeting

Pursuant to section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the followingmeeting.


Name of Committee: National Institute ofNeurological Disorders and Stroke SpecialEmphasis Panel.

Date: August 21, 2000.Time: 3 pm to 4 pm.Agenda: To review and evaluate grant

applications.Place: Neuroscience Center, National

Institutes of Health, 6001 Executive Blvd.,Bethesda, MD 20892, (Telephone ConferenceCall).

Contract Person: Phillip F. Wiethorn,Scientific Review Administrator, Scientific

Review Branch, NINDS/NIH/DHHS,Neuroscience Center, 6001 Executive Blvd,Suite 3208, MSC 9529; Bethesda, MD 20892–9529, 301–496–9223.

This notice is being published less than 15days prior to the meeting due to the timinglimitations imposed by the review andfunding cycle.(Catalogue of Federal Domestic AssistanceProgram Nos. 93.853, Clinical ResearchRelated to Neurological Disorders; 93.854,Biological Basis Research in theNeurosciences, National Institutes of Health,HHS)




National Institute on Drug Abuse;Meeting

Pursuant to section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of a meeting of theNational Advisory Council on DrugAbuse.

The meeting will be open to thepublic as indicated below, withattendance limited to space available.Individuals who plan to attend andneed special assistance, such as signlanguage interpretation or otherreasonable accommodations, shouldnotify the Contact Person listed belowin advance of the meeting.


Name of Committee: National AdvisoryCouncil on Drug Abuse.

Date:September 12–13, 2000.Closed: September 12, 2000, 1:00 pm to

4:00 pm.Agenda: To review and evaluate grant

applications.Place: Neuroscience Center, National

Institutes of Health, 6001 Executive Blvd.,Bethesda, MD 20892.

Open: September 13, 2000, 9:00 am to 4:00pm.



Agenda: This portion of the meeting willbe open to the public for announcements andreports of administrative, legislative andprogram developments in the drug abusefield.

Place: Neuroscience Center, NationalInstitutes of Health, 6001 Executive Blvd.,Bethesda, MD 20892.

Contact Person: Teresa Levitin, Director,Office of Extramural Affairs, NationalInstitute on Drug Abuse, National Institutesof Health, DHHS, Bethesda, MD 20892–9547,(301) 443–2755.(Catalogue of Federal Domestic AssistanceProgram Nos. 93.277, Drug Abuse ScientistDevelopment Award for Clinicians, ScientistDevelopment Awards, and Research ScientistAwards; 93.278, Drug Abuse NationalResearch Service Awards for ResearchTraining; 93.279, Drug Abuse ResearchPrograms, National Institutes of Health, HHS)




Center for Scientific Review; ClosedMeetings

Pursuant to section 10(d) of theFederal Advisory Committee Act, asamended (5 U.S.C. Appendix 2), noticeis hereby given of the followingmeetings.

The meetings will be closed to thepublic in accordance with theprovisions set forth in sections552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,as amended. The grant applications andthe discussions could discloseconfidential trade secrets or commercialproperty such as patentable material,and personal information concerningindividuals associated with the grantapplications, the disclosure of whichwould constitute a clearly unwarrantedinvasion of personal privacy.

Name of Committee: Center for ScientificReview Special Emphasis Panel.

Date: August 22, 2000.Time: 10 am to 12 pm.Agenda: To review and evaluate grant

applications.Place: NIH, Rockledge 2, Bethesda, MD

20892, (Telephone Conference Call).Contact Person: Michael Micklin,

Scientific Review Administrator, Center forScientific Review, 6701 Rockledge Drive,Room 3178, MSC 7848, Bethesda, MD 20892,(301) 435–1258, [email protected].

This notice is being published less than 15days prior to the meeting due to the timinglimitations imposed by the review andfunding cycle.


Date: August 22, 2000.Time: 12:15 pm to 1:15 pm.Agenda: To review and evaluate grant


20892, (Telephone Conference Call).Contact Person: Michael Micklin,

Scientific Review Administrator, Center forScientific Review, National Institutes ofHealth, 6701 Rockledge Drive, Room 3178,MSC 7848, Bethesda, MD 20892, (301) 435–1258, [email protected].



Date: August 25, 2000.Time: 11 am to 1 pm.Agenda: To review and evaluate grant


20892, (Telephone Conference Call).Contact Person: Betty Hayden, Scientific

Review Administrator, Center for ScientificReview, National Institutes of Health, 6701Rockledge Drive, Room 4206, MSC 7812,Bethesda, MD 20892, (301) 435–1223,[email protected].



Date: September 1, 2000.Time: 9 am to 5 pm.Agenda: To review and evaluate grant

applications.Place: Holiday Inn, 5520 Wisconsin

Avenue, Chevy Chase, MD 20815.Contact Person: Julian L. Azorlosa,

Scientific Review Administrator, Center forScientific Review, National Institutes ofHealth, 6701 Rockledge Drive, Room 3190,MSC 7848, Bethesda, MD 20892, (301) 435–1507.



Date: September 5, 2000.Time: 1 pm to 3 pm.Agenda: To review and evaluate grant


20892, (Telephone Conference Call).Contact Person: Eugene M. Zimmerman,

Scientific Review Administrator, Center forScientific Review, National Institutes ofHealth, 6701 Rockledge Drive, Room 4202,MSC 7812, Bethesda, MD 20892, (301) 345–1220, [email protected].

This notice is being published less than 15days prior to the meeting due to the timinglimitations imposed by the review andfunding cycle.(Catalogue of Federal Domestic AssistanceProgram Nos. 93.306, Comparative Medicine,93.306; 93.333, Clinical Research, 93.333,93.337, 93.393–93.396, 93.837–93,844,

93.846–93.878, 93.892, 93.893, NationalInstitutes of Health, HHS)



Substance Abuse and Mental HealthServices Administration

Agency Information CollectionActivities: Proposed Collection;Comment Request

In compliance with section3506(c)(2)(A) of the PaperworkReduction Act of 1995 concerningopportunity for public comment onproposed collections of information, theSubstance Abuse and Mental HealthServices Administration will publishperiodic summaries of proposedprojects. To request more informationon the proposed projects or to obtain acopy of the information collectionplans, call the SAMHSA ReportsClearance Officer on (301) 443–7978.

Comments are invited on: (a) Whetherthe proposed collections of informationare necessary for the properperformance of the functions of theagency, including whether theinformation shall have practical utility;(b) the accuracy of the agency’s estimateof the burden of the proposed collectionof information; (c) ways to enhance thequality, utility, and clarity of theinformation to be collected; and (d)ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.

Proposed Project: TreatmentImprovement Protocols (TIPs)Evaluation Project—ProspectiveStudy—New—Since 1993, SAMHSA’sCenter for Substance Abuse Treatmenthas published 37 TreatmentImprovement Protocols, which provideadministrative and clinical practiceguidance to the substance abusetreatment field. This is the third of threemajor studies and is designed to assessreaders’ use of TIPs and the impact ofTIPs on changing substance abusetreatment practices.

The Prospective Study seeks todetermine the most cost effective levelof support needed by substance abusetreatment providers to implement inpractice the information contained inTIPs. Specifically, this study will



examine the use of TIP #35, ‘‘EnhancingMotivation for Change in SubstanceAbuse Treatment,’’ by treatmentprofessionals in four different areas ofthe country. The study will use apretest/post-test experimental design inwhich treatment facilities will berandomly assigned to one of fourconditions: (1) The control group(which will receive the TIP and noadditional support); (2) a TIP-plus

curriculum group; (3) a TIP-pluscurriculum and training group; and (4)a TIP-plus curriculum, training, andongoing support group.

Data will be collected at baseline andfollow-up. Measures will includeproviders’ awareness of TIP 35, theirknowledge of the content contained inthis TIP, their attitudes toward the TIPand its content, and their use of this TIPan dits impact on practices within their

facilities. Burden for State substanceabuse (SSA) agency directors in the fourareas of the country chosen will consistof information gathering by telephone.Burden for other respondents willconsist of completing the pretest andpost-test questionnaires. The totalestimated burden for this project, to becompleted in a 1-year period, issummarized below.

Respondent Number ofrespondents

Responses/respondent

Average burden/response (hrs.) Total burden (hrs.)

SSA Directors .......................................................................... 10 1 1.0 10Facility Directors ...................................................................... 560 2 .5 560Clinical Supervisors ................................................................. 560 2 .5 560Program Counselors ................................................................ 1,680 2 .5 1,680

Total .................................................................................. .............................. .............................. .............................. 2,810

Send comments to Nancy Pearce,SAMHSA Reports Clearance Officer,Room 16–105, Parklawn Building, 5600Fishers Lane, Rockville, MD 20857.Written comments should be receivedwithin 60 days of this notice.

Dated: August 21, 2000.Richard Kopanda,Executive Officer, SAMHSA.[FR Doc. 00–21712 Filed 8–24–00; 8:45 am]BILLING CODE 4162–20–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of a Draft ComprehensiveConservation Plan and EnvironmentalAssessment for the DeSoto NationalWildlife Refuge in Nebraska and Iowa

AGENCY: Fish and Wildlife Service,Interior.ACTION: Notice of availability.

SUMMARY: This notice advises the publicthat a Draft ComprehensiveConservation Plan and EnvironmentalAssessment for the DeSoto NationalWildlife Refuge in Nebraska and Iowawill be available for public review onAugust 21, 2000. Comments andsuggestions are requested.DATES: Written comments are requestedby September 25, 2000. A public openhouse meeting will be held onSeptember 7, 2000.ADDRESSES: Comments should beaddressed to: Mr. Jim Salyer, U.S. Fishand Wildlife Service, 24385 StateHighway 51, Puxico, Missouri 63960;Telephone: 800/686–8339 (toll-free) or573/222–6001; Fax: 573/222–6150; E-

Mail: [email protected]. Individualswith speech or hearing impairmentsmay call the Missouri Relay Service at800/735–2966 (TTY).

The public open house will be held atthe DeSoto Refuge Visitor Center, 1434316th Lane, Missouri Valley, Iowa,51555 from 1:00 p.m. until 8:00 p.m.During the open house, information maybe obtained by calling 712/642–4121.

FOR FURTHER INFORMATION CONTACT: Mr.Jimi Salyer or Ms. Judy McClendon,U.S. Fish and Wildlife Service, 24385State Highway 51, Puxico, Missouri63960; Telephone: 800/686–8339 (toll-free) or 573/222–6001; Fax: 573/222–6150; E-Mail: [email protected] with speech or hearing orimpairments may call the MissouriRelay Service at 800/735–2966 (TTY).

Individuals who would like copies ofthe Draft Comprehensive ConservationPlan and Environmental Assessment forreview should immediately use thecontact information above. Copies of thedocument have been sent to all agenciesand individuals who participated in thescoping process and to all others whohave already requested copies.

SUPPLEMENTARY INFORMATION: Mr. LeonKolankiewicz, Environmental Planner,The Mangi Environmental Group Inc.(Mangi), is the primary author of thisdocument. The Fish and WildlifeService (Service), Department of theInterior, has contracted with Mangi toprepare a Comprehensive ConservationPlan (CCP) and EnvironmentalAssessment (EA) for the DeSotoNational Wildlife Refuge (Refuge) inNebraska and Iowa which will guidemanagement of the Refuge for the next15 years.

The plan describes how the Refugewill provide for migratory andendangered species within itsboundaries; work with partners toimprove habitats beyond its boundaries;expand opportunities for wildlifeviewing and fishing; further developenvironmental education andinterpretation of natural and culturalhistory; and provide outreach programsto describe appreciation of fish, wildlife,and the environmental influence ofWestern settlement.

The Environmental Assessmentcontains discussion of four alternativesunder consideration that were analyzedand evaluated during planning:

(A.) No Action. No major changes inexisting management goals andobjectives would occur.

(B.) Maximize Restoration andConservation of Historical NaturalResource Conditions. Managementstrategies would be to restore andconserve fish and wildlife populations,species and habitat diversity,composition and abundance to levelsand conditions existing in the pre-development era (to about the mid-1800’s).

(C.) Maximize Compatible Public UsePotentials. The six priority wildlife-dependent uses originating with theRefuge Improvement Act (interpretation,education, observation, photography,hunting, fishing) would be promotedand enhanced.

(D.) Optimize Natural ResourceConditions and Public use Potential(Preferred). This alternative seeks thebest or optimal balance between thesometimes competing ideals of wildlifeconservation, habitat restoration andpublic use.



Other government agencies andmembers of the general publiccontributed to the planning andevaluation of the proposal and to thepreparation of this CCP and EA.Planning involved participation ofRefuge staff, Service planners, aconsultant to the Service, Refugeneighbors, organizations, local and stategovernmental agencies, and interestedcitizens. Planning team and publicscoping meetings were held in July,August, September, October, andNovember 1999, and in January andFebruary 2000. A focus group of 19participants and 12 participants of anopen house session provided comments.

All agencies and individuals areurged to provide comments andsuggestions for improving this CCP andEA by September 25, 2000. Allcomments received by this date will beconsidered in preparation of the FinalCCP and EA.

Dated: August 21, 2000.William F. Hartwig,Regional Director.[FR Doc. 00–21714 Filed 8–24–00; 8:45 am]BILLING CODE 4310–55–M


Bureau of Land management

[OR–120: GP0–0306]

Availability of the Record of Decisionfor the Bal’diyaka Interpretive Center

AGENCY: Bureau of Land Management.ACTION: Notice of Availability of theRecord of Decision for the Bal’diyakaInterpretive Center

SUMMARY: Pursuant to section 102(2)(C)of the National Environmental PolicyAct of 1969 (NEPA), the Coos BayDistrict of the Bureau of LandManagement (BLM), in cooperation withthe Confederated Tribes of Coos, LowerUmpqua, and Siuslaw Indians(Confederated Tribes) had anEnvironmental Impact Statementprepared to address impacts ofconstructing and operating theBal’diyaka Interpretive Center in CoosCounty, Oregon.

The BLM, in partnership with theConfederated Tribes has chosen the NoAction Alternative for this project sincecurrent budgets will not support thecost of construction and operation of theBal’diyaka Interpretive Center asdescribed in the Proposed Action of thesubject EIS. The No Action Alternativewill leave the three action alternativesites in their original condition, will notforeclose future management options at

these sites, and will not impact currentbudgets.

The Proposed Action in the EIS wasto locate the Bal’diyaka InterpretiveCenter on Gregory Point, which is anapproximately 30-acre headland areanorth of Sunset Bay, west of Cape AragoHighway and south of Lighthouse Way.

A total of four alternatives wereexplored in the EIS: the No ActionAlternative, the Proposed Action, andtwo alternative locations.

Copies of the Record of Decision willbe available for review at the Coos Bayand North Bend Public Libraries, uponrequest from the BLM, Coos Bay DistrictOffice, 1300 Airport Lane, North Bend,OR 97459–2000, and the office of theConfederated Tribes of Coos, LowerUmpqua, and Siuslaw Indians at 1245Fulton Avenue, Coos Bay, OR 97420.DATES: The Record of Decision will beavailable to the public starting August14, 2000. An appeal period of 30 dayswill begin with the printing of theNotice of Availability in the FederalRegister.

FOR FURTHER INFORMATION CONTACT:Bureau of Land Management, StevenFowler, Area Manager, 1300 AirportLane, North Bend, OR 97459–2000.

Sue Richardson,District Manager, Coos Bay District.[FR Doc. 00–21696 Filed 8–24–00; 8:45 am]BILLING CODE 4310–33–P


Bureau of Land Management

[CA–320–1430–00]

Notice of Intent To Amend Land UsePlans

AGENCY: Bureau of Land Management,Interior.ACTION: Notice.

SUMMARY: The Bureau of LandManagement (BLM), Alturas FieldOffice (FO), is proposing a Land TenureAdjustment Action Plan (LTA) forpublic lands managed by the Alturas FOin Modoc, Lassen, Shasta and SiskiyouCounties. As part of this process, thefollowing BLM Resource ManagementPlans (RMP) and ManagementFramework Plans (MFP) will beamended to reflect any needed changes.

(1) Alturas Resource ManagementPlan and Environmental ImpactStatement (approved 8/28/94).

(2) Cinder Cone ManagementFramework Plan (approved July, 1973).

(3) Mt. Dome Management FrameworkPlan (approved 11/24/81).

The BLM Alturas FO is seeking publicscoping input into this proposed planamendment. This planning amendmentis being conducted pursuant to section202 of the Federal Land Policy andManagement Act, as amended (43 U.S.C.1712).SUPPLEMENTARY INFORMATION: Thisproposed Land Tenure Adjustment Planhas two general goals: (1) To implementand expand on the land acquisitiondecisions of the BLM AlturasManagement Plans; and (2) to expandon the disposal/exchange decisions ofthe Alturas Management Plans. ThisLand Tenure Adjustment (LTA) planamendment is intended to identifybroad areas of public lands for disposalthrough exchange, and broad areaswhere private lands may be acquired byland exchange. This LTA planamendment is intended to implementthe goals and objectives identified in theAlturas Management Plans by acquiringprivate lands with potentially highpublic resource values which willprovide better Federal landmanagement, in exchange for publiclands that will meet the needs of Stateand local people as described in section206(a) of FLPMA. The exchangesproposed in this plan amendment areintended to result in better Federal landmanagement by the BLM, and in betterprivate land management for thelandowners who may acquire the publiclands through the exchanges. Publicscoping meetings on this proposed planamendment will be held in townsthroughout the affected area.FOR FURTHER INFORMATION CONTACT:Peter Humm, Realty Specialist, or TimBurke, Field Manager, Bureau of LandManagement, Alturas Field Office, 708West 12th Street, Alturas, CA 96101 orby phone at (530) 233–4666.DATES: Public scoping comments on thisproposed land amendment must bereceived by the BLM Alturas FieldOffice, at the above address, not laterthan October 11, 2000.

Dated: August 16, 2000.Timothy J. Burke,Field Manager.[FR Doc. 00–21695 Filed 8–24–00; 8:45 am]BILLING CODE 4310–40–P


National Park Service

Acadia National Park Bar Harbor, ME;Acadia National Park AdvisoryCommission; Meeting

Notice is hereby given in accordancewith the Federal Advisory Committee



Act (Pub. L. 92–463, 86 Stat. 770, 5U.S.C. App. 1, Sec. 10), that the AcadiaNational Park Advisory Commissionwill hold a meeting on Monday,September 11, 2000.

The Commission was establishedpursuant to Public Law 99–420, Sec.103. The purpose of the commission isto consult with the Secretary of theInterior, or his designee, on mattersrelating to the management anddevelopment of the park, including butnot limited to the acquisition of landsand interests in lands (includingconservation easements on islands) andtermination of rights of use andoccupancy.

The meeting will convene at parkHeadquarters, McFarland Hill, BarHarbor, Maine, at 1:00 PM to considerthe following agenda:

1. Review and approval of minutesfrom the meeting held June 5, 2000.

2. Committee reports, LandConservation, Park Use, Science.

3. Old business.4. Superintendent’s report.5. Public comments.6. Proposed agenda for next

Commission meeting, February 7, 2001.The meeting is open to the public.

Interested persons may make oral/written presentations to the Commissionor file written statements. Such requestsshould be made to the Superintendentat least seven days prior to the meeting.

Further information concerning thismeeting may be obtained from theSuperintendent, Acadia National Park,P.O. Box 177, Bar Harbor, Maine 04609,tel: (207) 288–3338.

Dated: August 11, 2000.Paul F. Haertel,Superintendent, Acadia National Park.[FR Doc. 00–21700 Filed 8–24–00; 8:45 am]BILLING CODE 4310–70–P



Western Geophysical Company PadreIsland National Seashore KlebergCounty, TX; Availability of Plan ofOperations and EnvironmentalAssessment Phase II—3D SeismicOperation

Notice is hereby given in accordancewith Section 9.52(b) of Title 36 of theCode of Federal Regulations that theNational Park Service has received fromWestern Geophysical Company a Plan ofOperations for the Phase III–3D seismicoperation within Padre Island NationalSeashore, in Kleberg County, Texas.

The Plan of Operations andEnvironmental Assessment are available

for public review and comment for aperiod of 30 days from the publicationdate of this notice in the Office of theSuperintendent, Padre Island NationalSeashore, 20301 Park Road 22, CorpusChristi, Texas. Copies are available fromthe Superintendent, Padre IslandNational Seashore, Post Office Box181300, Corpus Christi, Texas 78480–1300, and will be sent upon request.The Environmental Assessment is alsoavailable on the Padre Island web page.

If you wish to comment, you maysubmit your comments by mailing themto the post office address providedabove, or, you may hand-delivercomments to the park at the streetaddress provided above. Our practice isto make comments, including namesand home addresses of respondents,available for public review duringregular business hours. Individualrespondents may request that wewithhold their home address from thedecisionmaking record, which we willhonor to the extent allowable by law.There also may be circumstances inwhich we would withhold from thedecisionmaking record a respondent’sidentity, as allowable by law. If youwish us to withhold your name and/oraddress, you must state thisprominently at the beginning of yourcomment. However, we will notconsider anonymous comments. Wewill make all submissions fromorganizations or businesses, and fromindividuals identifying themselves asrepresentatives or officials oforganizations or businesses, availablefor public inspection in their entirety.

Dated: August 14, 2000.Jock F. Whitworth,Superintendent, Padre Island NationalSeashore.[FR Doc. 00–21698 Filed 8–24–00; 8:45 am]BILLING CODE 4310–70–P



Telecommunications Facilities;Construction and Operation; GoldenGate National Recreation Area, SanFrancisco, CA

AGENCY: Golden Gate NationalRecreation Area, NPS, DOI.ACTION: Public notice.

SUMMARY: Public notice is hereby giventhat the Golden Gate NationalRecreation Area proposes to considerthe application of GTE/Verizon for anamendment extenting an existingagreement for the operation of a wirelesscommunication facility adjacent to the

Golden Gate Bridge Toll Plaza located inthe Golden Gate Bridge, Transportationand Highway District right-of-wayimmediately south of the Golden GateBridge in San Francisco, CA.EFFECTIVE DATE: Comments will beaccepted on, or before, September 25,1999.

ADDRESSEES: Interested parties shouldcontact National Park Service,Superintendent’s Office, GGNRA,Building 201, Fort Mason, SanFrancisco, CA 94123. To obtain a copyof the initial application, contactRichard Louthan at (415) 561–4729.SUPPLEMENTARY INFORMATION: Theapplication made by GTE/Verizonrequests that the existing agreement beextended for a period of ten years andthe addition of two wireless telephonepanels to the wireless telephone facilityserving users in the area immediatelysouth of the Golden Gate Bridge.

The Superintendent will consider andevaluate all comments resulting fromthis public notice before authorizingexecution of this agreement.

Dated: August 14, 2000.Brian O’Neill,Superintendent, Golden Gate NationalRecreation Area.[FR Doc. 00–21721 Filed 8–24–00; 8:45 am]BILLING CODE 4310–70–P

INTERNATIONAL TRADECOMMISSION

[Inv. No. 337–TA–428]

Certain Integrated Circuit Chipsets,Components Thereof and ProductsContaining Same; Notice ofCommission Decision Not To Reviewan Initial Determination Terminatingthe Investigation

AGENCY: U.S. International TradeCommission.ACTION: Notice.

SUMMARY: Notice is hereby given thatthe U.S. International TradeCommission has determined not toreview the presiding administrative lawjudge’s (‘‘ALJ’s’’) initial determination(‘‘ID’’) terminating the investigation inits entirety based on a settlementagreement.

FOR FURTHER INFORMATION CONTACT:Clara Kuehn, Office of the GeneralCounsel, U.S. International TradeCommission, 500 E Street, SW,Washington, DC 20436, telephone (202)205–3012. Hearing-impaired persons areadvised that information on this mattercan be obtained by contacting theCommission’s TDD terminal on 202–



205–1810. General informationconcerning the Commission may also beobtained by accessing its Internet server(http://www.usitc.gov).SUPPLEMENTARY INFORMATION: TheCommission ordered the institution ofthis investigation on February 4, 2000,based on a complaint filed by IntelCorporation of Santa Clara, California(‘‘Intel’’). 65 FR 7059 (2000). Thecomplaint named five respondents: VIATechnologies, Inc., of Taipei, Taiwan;VIA Technologies, Inc., of Fremont,California (collectively, ‘‘VIA’’); FirstInternational Computer, Inc., of Taipei,Taiwan; First International Computer ofAmerica, Inc., of Fremont, California(collectively ‘‘FIC’’); and EverexSystems, Inc., of Fremont, California(‘‘Everex’’). Id.

On July 5, 2000, complainant Inteland respondents VIA, FIC, and Everexfiled a joint motion to terminate theinvestigation by settlement. On July 17,2000, the Commission investigationattorneys filed a response supportingthe joint motion. On July 26, 2000, thepresiding ALJ issued an ID (Order No.16) granting the joint motion. No partypetitioned for review of the ID.

The authority for the Commission’sdetermination is contained in section337 of the Tariff Act of 1930, asamended (19 U.S.C. 1337), and insection 210.42 of the Commission’sRules of Practice and Procedure (19C.F.R. 210.42). Copies of the ALJ’s IDand all other nonconfidentialdocuments filed in connection with thisinvestigation are or will be available forinspection during official businesshours (8:45 a.m. to 5:15 p.m.) in theOffice of the Secretary, U.S.International Trade Commission, 500 EStreet, SW, Washington, DC 20436,telephone 202–205–2000.

Issued: August 22, 2000.By order of the Commission.

Donna R. Koehnke,Secretary.[FR Doc. 00–21768 Filed 8–24–00; 8:45 am]BILLING CODE 7020–02–P

INTERNATIONAL TRADECOMMISSION

[Investigations Nos. 731–TA–888–890(Preliminary)]

Stainless Steel Angle From Japan,Korea, and Spain

AGENCY: United States InternationalTrade Commission.ACTION: Institution of antidumpinginvestigations and scheduling ofpreliminary phase investigations.

SUMMARY: The Commission hereby givesnotice of the institution of investigationsand commencement of preliminaryphase antidumping investigations Nos.731-TA–888–890 (Preliminary) undersection 733(a) of the Tariff Act of 1930(19 U.S.C. § 1673b(a)) (the Act) todetermine whether there is a reasonableindication that an industry in theUnited States is materially injured orthreatened with material injury, or theestablishment of an industry in theUnited States is materially retarded, byreason of imports from Japan, Korea,and Spain of stainless steel angle,provided for in subheading 7222.40.30of the Harmonized Tariff Schedule ofthe United States, that are alleged to besold in the United States at less than fairvalue. Unless the Department ofCommerce extends the time forinitiation pursuant to section732(c)(1)(B) of the Act (19 U.S.C.§ 1673a(c)(1)(B)), the Commission mustreach a preliminary determination inantidumping investigations in 45 days,or in this case by October 2, 2000. TheCommission’s views are due at theDepartment of Commerce within fivebusiness days thereafter, or by October10, 2000.

For further information concerningthe conduct of these investigations andrules of general application, consult theCommission’s Rules of Practice andProcedure, part 201, subparts A throughE (19 CFR part 201), and part 207,subparts A and B (19 CFR part 207).EFFECTIVE DATE: August 18, 2000.FOR FURTHER INFORMATION CONTACT: D.J.Na (202–708–4727), Office ofInvestigations, U.S. International TradeCommission, 500 E Street SW.,Washington, DC 20436. Hearing-impaired persons can obtaininformation on this matter by contactingthe Commission’s TDD terminal on 202–205–1810. Persons with mobilityimpairments who will need specialassistance in gaining access to theCommission should contact the Officeof the Secretary at 202–205–2000.General information concerning theCommission may also be obtained byaccessing its internet server (http://www.usitc.gov).SUPPLEMENTARY INFORMATION:Background.—These investigations arebeing instituted in response to a petitionfiled on August 18, 2000, by SlaterSteels Corporation, Specialty AlloysDivision, Fort Wayne, IN, and theUnited Steelworkers of America, AFL-CIO/CLC, Pittsburgh, PA.

Participation in the investigations andpublic service list.—Persons (other thanpetitioners) wishing to participate in theinvestigations as parties must file an

entry of appearance with the Secretaryto the Commission, as provided insections 201.11 and 207.10 of theCommission’s rules, not later than sevendays after publication of this notice inthe Federal Register. Industrial usersand (if the merchandise underinvestigation is sold at the retail level)representative consumer organizationshave the right to appear as parties inCommission antidumpinginvestigations. The Secretary willprepare a public service list containingthe names and addresses of all persons,or their representatives, who are partiesto these investigations upon theexpiration of the period for filing entriesof appearance.

Limited disclosure of businessproprietary information (BPI) under anadministrative protective order (APO)and BPI service list.—Pursuant tosection 207.7(a) of the Commission’srules, the Secretary will make BPIgathered in these investigationsavailable to authorized applicantsrepresenting interested parties (asdefined in 19 U.S.C. § 1677(9)) who areparties to the investigations under theAPO issued in the investigations,provided that the application is madenot later than seven days after thepublication of this notice in the FederalRegister. A separate service list will bemaintained by the Secretary for thoseparties authorized to receive BPI underthe APO.

Conference.—The Commission’sDirector of Operations has scheduled aconference in connection with theseinvestigations for 9:30 a.m. onSeptember 8, 2000, at the U.S.International Trade CommissionBuilding, 500 E Street SW., Washington,DC. Parties wishing to participate in theconference should contact D.J. Na (202–708–4727) not later than September 1,2000, to arrange for their appearance.Parties in support of the imposition ofantidumping duties in theseinvestigations and parties in oppositionto the imposition of such duties willeach be collectively allocated one hourwithin which to make an oralpresentation at the conference. Anonparty who has testimony that mayaid the Commission’s deliberations mayrequest permission to present a shortstatement at the conference.

Written submissions.—As provided insections 201.8 and 207.15 of theCommission’s rules, any person maysubmit to the Commission on or beforeSeptember 13, 2000, a written briefcontaining information and argumentspertinent to the subject matter of theinvestigations. Parties may file writtentestimony in connection with theirpresentation at the conference no later



than three days before the conference. Ifbriefs or written testimony contain BPI,they must conform with therequirements of sections 201.6, 207.3,and 207.7 of the Commission’s rules.The Commission’s rules do notauthorize filing of submissions with theSecretary by facsimile or electronicmeans.

In accordance with sections 201.16(c)and 207.3 of the rules, each documentfiled by a party to the investigationsmust be served on all other parties tothe investigations (as identified byeither the public or BPI service list), anda certificate of service must be timelyfiled. The Secretary will not accept adocument for filing without a certificateof service.

Authority: These investigations are beingconducted under authority of title VII of theTariff Act of 1930; this notice is publishedpursuant to section 207.12 of theCommission’s rules.

By order of the Commission.Issued: August 22, 2000.

Donna R. Koehnke,Secretary.[FR Doc. 00–21769 Filed 8–24–00; 8:45 am]


DEPARTMENT OF LABOR

Office of the Secretary; Submission forOMB Review; Comment Request

August 17, 2000.The Department of Labor (DOL) has

submitted the following publicinformation collection request (ICR) tothe Office of Management and Budget(OMB) for review and approval inaccordance with the PaperworkReduction Act of 1995 (Pub. L. 104–13,44 U.S.C. Chapter 35). A copy of eachindividual ICR, with applicablesupporting documentation, may beobtained by calling the Department ofLabor. To obtain documentation forBLS, ETA, PWBA, and OASAM contactKarin Kurz ({202} 219–5096 ext. 159 orby E-mail to [email protected]). Toobtain documentation for ESA, MSHA,OSHA, and VETS contact Darrin King((202) 219–5096 ext. 151 or by E-Mail [email protected]).

Comments should be sent to Office ofInformation and Regulatory Affairs,Attn: OMB Desk Officer for BLS, DM,ESA, ETA, MSHA, OSHA, PWBA, orVETS, Office of Management andBudget, Room 10235, Washington, DC20503 ({202} 395–7316), within 30 daysfrom the date of this publication in theFederal Register.

The OMB is particularly interested incomments which:

• Evaluate whether the proposedcollection of information is necessaryfor the proper performance of thefunctions of the agency, includingwhether the information will havepractical utility;

• Evaluate the accuracy of theagency’s estimate of the burden of theproposed collection of information,including the validity of themethodology and assumptions used;

• Enhance the quality, utility, andclarity of the information to becollected; and

• Minimize the burden of thecollection of information on those whoare to respond, including through theuse of appropriate automated,electronic, mechanical, or othertechnological collection techniques orother forms of information technology,e.g., permitting electronic submission ofresponses.

Type of Review: New Collection.Agency: Employment and Training

Administration.Title: Disability Employment and

Initiatives Grant Program.OMB Number: 1205–0New.Affected Public: Business and other

for-profit; not-for-profit institutions.

Form Total respond-ents Frequency Total re-

sponses Average time per response Estimated totalburden hours

ETA 9077 .............................. 15 Quarterly ............................... 60 20 Hrs. .................................. 1,200ETA 9078 .............................. 15 Annually ................................ 15 20 Hrs. .................................. 300

Totals .............................. ........................ ............................................... 75 ............................................... 1,500

Total annualized capital/startupcosts: $0.

Total annual costs (operating/maintaining systems or purchasingservices): $0.

Description: Competitive grants arefunded for one year, plus two optionyear periods. The grants are designed toprovide innovative training andemployment services that address theextremely high rate of unemploymentcommonly experienced by individualswith disabilities.

Ira L. Mills,Departmental Clearance Officer.[FR Doc. 00–21724 Filed 8–24–00; 8:45 am]


DEPARTMENT OF LABOR

Office of the Secretary; Submission forOMB Emergency Review; CommentRequest

August 21, 2000.The Department of Labor has

submitted the following (see below)information collection request (ICR),utilizing emergency review procedures,to the Office of Management and Budget(OMB) for review and clearance inaccordance with the PaperworkReduction Act of 1995 (Pub. L. 104–13,44 U.S.C. Chapter 35). OMB approvalhas been requested by September 12. Acopy of this ICR, with applicablesupporting documentation, may beobtained by calling the Department ofLabor Departmental Clearance Officer,Ira L. Mills ((202) 219–5095, extension129). Comments and questions about theICR listed below should be forwarded tothe Office of Information and RegulatoryAffairs, Attn: OMB Desk Officer for the

ETA, Room 10235, Washington, DC20503.

The Office of Management and Budgetis particularly interested in commentswhich:

• Evaluate whether the proposedcollection of information is necessaryfor the proper performance of thefunctions of the agency, includingwhether the information will havepractical utility;

• Evaluate the accuracy of theagency’s estimate of the burden of theproposed collection of information,including the validity of themethodology and assumptions used;

• Enhance the quality, utility, andclarity of the information to becollected; and

• Minimize the burden of thecollection of information on those whoare to respond, including through theuse of appropriate automated,electronic, mechanical, or othertechnological collection techniques orother forms of information technology,



e.g., permitting electronic submissionsof responses.

Agency: Employment and TrainingAdministration and the EmploymentStandards Administration

Title: Attestations by FacilitiesEmploying H–1C Nonimmigrant Aliensas Registered Nurses

OMB Number: 1205–ONewFrequency: On OccasionAffected Public: Individuals or

households; business or other for-profit;not-for-profit institutions; State, Local,or Tribal Government

Number of Respondents: 16Total Annual Responses: 143Total Burden Hours: 68Total Burden Cost: (capital/startup:

$0Total Burden Cost (operating/

maintaining): $0Description: The Nursing Relief for

Disadvantaged Areas Act of 1999 createsa temporary visa program fornonimmigrant aliens to work asregistered nurses. This informationcollection contains recordkeeping andreporting requirements for thosefacilities seeking to hire nonresidentalien nurses under the program, andinformation requirements for thosepersons wishing to file a complaint thata facility has failed to meet the statutoryrequirements of the Act.

Ira L. Mills,Departmental Clearance Officer.[FR Doc. 00–21725 Filed 8–24–00; 8:45 am]BILLING CODE 4510–30–M

DEPARTMENT OF LABOR


[TA–W–37,633] and [NAFTA–3944]

The Holmes Group, Rival Division,Warrensburg, Missouri; NegativeDetermination Regarding Applicationfor Reconsideration

By application dated July 20, 2000,petitioners request administrativereconsideration of the Department’snegative determination regardingeligibility to apply for Trade AdjustmentAssistance (TAA) petition number TA–W–37,633, and North American FreeTrade Agreement-TransitionalAdjustment Assistance (NAFTA–TAA)petition number NAFTA–3944,applicable to workers and formerworkers of The Holmes Group, RivalDivision, Warrensburg, Missouri. Thedenial notices were signed on June 29,2000, and published in the FederalRegister on July 24, 2000, TA–W–37,633(65 FR 45620) and NAFTA–3944 (65 FR45621).

Pursuant to 29 CFR 90.18(c)reconsideration may be granted underthe following circumstances:

(1) If it appears on the basis of factsnot previously considered that thedetermination complained of waserroneous;

(2) If it appears that the determinationcomplained of was based on a mistakein the determination of facts notpreviously considered; or

(3) If in the opinion of the CertifyingOfficer, a mis-interpretation of facts orof the law justified reconsideration ofthe decision.

To support the application forreconsideration, the petitionersprovided documents related to plannedproduction and budgeted hours for theWarrensburg plant for 1999, and partsand sub-assemblies that went overseas.The petitioner also states that thesubject firm stopped parts productionwithin the last year.

Planned production by the subjectfirm is not a basis for worker groupcertification under the Trade Act of1974, as amended. The Department isrequired to examine sales or productionof articles produced by workers of thefirm for the time period relevant to theinvestigation.

During all of 1999 and the early partof 2000, output at the plant wasprimarily comprised of industrial fansand heaters. Although the companyrelied on imports of heater components,no worker separations occurred as theresult of the company imports.Employees formerly producingcomponents were transferred within theplant to assemble finished heaters.Ultimately, the assembly operationswere moved from Warrensburg,Missouri, to other domestic facilities ofThe Holmes Group.

The workers were denied eligibility toapply for TAA based on the finding thatthe contributed importantly criterion ofthe workers group eligibilityrequirements of Section 222 of theTrade Act of 1974, as amended, was notmet. Layoffs of workers producingheaters at the subject firm wereattributable to the company’s decisionto transfer production to other domesticfacilities.

The NAFTA–TAA petitioninvestigation for the same worker grouprevealed that criteria (3) and (4) ofparagraph (a)(1) of Section 250 of theTrade Act of 1974, as amended, werenot met. The subject firm did not importfrom Mexico or Canada, articles like ordirectly competitive with thoseproduced by workers of the firm. Therewas no shift in production from theWarrensburg plant to Mexico or Canada.

Conclusion

After review of the application andinvestigative findings, I conclude thatthere has been no error ormisinterpretation of the law or of thefacts which would justifyreconsideration of the Department ofLabor’s prior decision. Accordingly, theapplication is denied.

Signed at Washington, DC this 14th day ofAugust 2000.Grant D. Beale,Program Manager, Division of TradeAdjustment Assistance.[FR Doc. 00–21730 Filed 8–24–00; 8:45 am]BILLING CODE 4510–30–M

DEPARTMENT OF LABOR


Determinations Regarding EligibilityTo Apply for Worker AdjustmentAssistance and NAFTA TransitionalAdjustment Assistance

In accordance with Section 223 of theTrade Act of 1974, as amended, theDepartment of Labor herein presentssummaries of determinations regardingeligibility to apply for trade adjustmentassistance for workers (TA–W) issuedduring the period of August, 2000.

In order for an affirmativedetermination to be made and acertification of eligibility to apply forworker adjustment assistance to beissued, each of the group eligibilityrequirements of Section 222 of the Actmust be met.

(1) That a significant number orproportion of the workers in theworkers’ firm, or an appropriatesubdivision thereof, have become totallyor partially separated,

(2) That sales or production, or both,of the firm or subdivision havedecreased absolutely, and

(3) That increases of imports ofarticles like or directly competitive witharticles produced by the firm orappropriate subdivision havecontributed importantly to theseparations, or threat thereof, and to theabsolute decline in sales or production.

Negative Determinations for WorkerAdjustment Assistance

In each of the following cases theinvestigation revealed that criterion (3)has not been met. A survey of customersindicated that increased imports did notcontribute importantly to workerseparations at the firm.TA–W–37,764; Precision Headed

Products, Formerly Mascotech



Forming Technologies, Ypsilanti,MI

TA–W–37,593; Pennzoil-Quaker StateCo., Rouseville, PA, A; Oil City, PA,B; Reno, PA, C; Roosevelt, UT, D;Deerfield, OH and E; Rock Hill, SC

In the following cases, theinvestigation revealed that the criteriafor eligibility have not been met for thereasons specified.TA–W–37,886; Racing Champions

ERTL, Inc., Dyersville, PATA–W–37,678; Packard Bell/NEC, Inc.,

(PBNEC), NEC Computer SystemsDiv. (NEC/CSO), Server ProductGroup, Boxborough, MA

TA–W–37,860; Weatherford GlobalCompression, Midland, TX

TA–W–37,892; CRH Catering Co., Inc.,Connellsville, PA

The workers firm does not produce anarticle as required for certification underSection 222 of the Trade Act of 1974.TA–W–37,508; Meritor Automotive,

Oshkosh, WITA–W–37,658; Cooper Tools,

Statesboro, GATA–W–37,584; Quebecor World, Inc., St.

Paul, MNTA–W–37,539; Quebecor World, Inc.,

Nashville, TN and Aurora, ILTA–W–37,774; Caporale Engraving, Inc.,

Hackensack, NJTA–W–37,883; Corrpro Companies, Inc.,

Midland, TXTA–W–37,819; Modern Engineering Co.,

Inc., Gallman, MSTA–W–37,861; Modern Engineering Co.

A Div. of Victor Equipment Co.,Gallman, MS

TA–W–37,638; Wildon Industries, Mt.Bethel, PA

TA–W–37,709; The Boeing Co., St.Louis, MO

Increased imports did not contributeimportantly to worker separations at thefirm.

Affirmative Determinations for WorkerAdjustment Assistance

The following certifications have beenissued; the date following the companyname and location of eachdetermination references the impactdate for all workers of suchdetermination.TA–W–37,804; Kellwood Co., Spencer,

WV: May 22, 1999.TA–W–37,827; The Kym Co., Jackson,

GA: June 6, 1999.TA–W–37,895; DeFarr, Inc., New York,

NY: July 7, 1999.TA–W–37,758; Federal Mogul Corp.,

Milan, MI: May 23, 1999.TA–W–37,866; Assembly Service, Inc.,

El Paso, TX: June 26, 1999.TA–W–37,595; Humpherys, Inc.,

Chicago, IL: April 3, 1999.

TA–W–37,684; Colby Footwear, Inc.,Gonic, NH: May 4, 1999.

TA–W–37,586; Enefco InternationalLimited, Footwear Subdivision,Auburn, ME: April 7, 1999.

TA–W–37,794; The American FabricsCo., Tylertown, MS: May 6, 2000

TA–W–37,813; Seton Co., Leather Div,Saxton, PA: June 5, 1999

TA–W–37,907; Indiana Knitwear Corp.,Greenfield, IN: July 10, 1999.

TA–W–37,738; Goodyear Tire andRubber Co., Green, OH: May 24,1999.

TA–W–37,840; LaCrosse Footwear, Inc.,Clintonville, WI: June 20, 1999.

TA–W–37,854; P.H. Glatfelter, EcustaDiv., Pisgah Forest, NC: June 20,1999.

TA–W–37,846; Collins Pine Co., CollinsProducts, LLC, Klamath Falls, OR:June 23, 2000.

TA–W–37,654; Garan, Inc., Corinth, MS:April 19, 1999.

TA–W–37,869; Johnson Controls, Inc.,Control Products Div., Goshen, IN:June 29, 1999.

TA–W–37,713; Vinson Timber Products,Inc., Trout Creek, MT: May 12,1999.

TA–W–37,841; Braunstein, Inc., NewYork, NY: June 16, 1999.

TA–W–37,786; Andover Apparel Group,Inc., Formerly Andover Togs, Inc.,Pisgah, AL: June 2, 1999.

TA–W–37,659; Climax Molybdenum Co.,Henderson Operation, Empire, CO:April 28, 1999.

TA–W–37,759; Interstate Dyeing andFinishing, Passaic, NJ: May 19,1999.

TA–W–37,652; Monofrax, Inc., Falconer,NY: April 13, 1999.

TA–W–37,719; SouthlandManufacturing Co., Inc., includingworkers of Skilstaff, Inc., Ashland,AL: May 15, 1999.

TA–W–37,775; Ceng, Inc., FormerlyDexter Sportswear, Dexter, GA: June12, 1999.

TA–W–37,850; Motorola, Inc., EnergySystems Group, Harvard, IL: June10, 1999.

TA–W–37,452; E2A Technology, Inc.,Conyers, GA: February 28, 1999.

TA–W–37,830; Grand Haven BrassFoundry, Grand Haven, MI: June 13,1999.

TA–W–37,785; J.F. Sportswear, Inc.,Scranton, PA: May 31, 1999.

TA–W–37,694; Meritor Automotive,Fairfield, IA: April 28, 1999.

TA–W–37,423 & A; Warren Corp.,Stafford Springs, CT and WarrenLeasing, New York, NY: February28, 1999.

Also, pursuant to Title V of the NorthAmerican Free Trade Agreement

Implementation Act (P.L. 103–182)concerning transitional adjustmentassistance hereinafter called (NAFTA–TAA) and in accordance with Section250(a), Subchapter D, Chapter 2, Title II,of the Trade Act as amended, theDepartment of Labor presentssummaries of determinations regardingeligibility to apply for NAFTA–TAAissued during the month of August,2000.

In order for an affirmativedetermination to be made and acertification of eligibility to apply forNAFTA–TAA the following groupeligibility requirements of Section 250of the Trade Act must be met:

(1) That a significant number orproportion of the workers in theworkers’ firm, or an appropriatesubdivision thereof, (including workersin any agricultural firm or appropriatesubdivision thereof) have become totallyor partially separated from employmentand either—

(2) That sales or production, or both,of such firm or subdivision havedecreased absolutely,

(3) That imports from Mexico orCanada of articles like or directlycompetitive with articles produced bysuch firm or subdivision have increased,and that the increases in importscontributed importantly to suchworkers’ separations or threat ofseparation and to the decline in sales orproduction of such firm or subdivision;or

(4) That there has been a shift inproduction by such workers’ firm orsubdivision to Mexico or Canada ofarticles like or directly competitive witharticles which are produced by the firmor subdivision.

Negative Determinations NAFTA–TAAIn each of the following cases the

investigation revealed that criteria (3)and (4) were not met. Imports fromCanada or Mexico did not contributeimportantly to workers’ separations.There was no shift in production fromthe subject firm to Canada or Mexicoduring the relevant period.NAFTA–TAA–03957; J.F. Sportswear,

Scranton, PANAFTA–TAA–03988; P. H. Glatfelter,

Ecusta Div., Pisgah Forest, NCNAFTA–TAA–03860 & A, B, C, D, E;

Pennzoil-Quaker State Co.,Rouseville, PA, Oil City, PA, Reno,PA, Roosevelt, UT, Deerfield, OHand Rock Hill, SC

NAFTA–TAA–03919; Jenny K. Fashions,Meriden, CT

NAFTA–TAA–03947; KPT, Inc.,Bloomfield, IN

NAFTA–TAA–03992; Precision HeadedProducts, Formerly Mascotech



Forming Technologies, Ypsilanti,MI

NAFTA–TAA–03821 & A, B; QuebcorWorld, Inc., Nashville, TN, Aurora,IL and St. Paul, MN

NAFTA–TAA–03892; Schreiber Foods,Inc., Monroe, WI

NAFTA–TAA–03931; Hoff ForestProducts, Meridian, ID

NAFTA–TAA–03794; MeritorAutomotive, Oshkosh, WI

NAFTA–TAA–03933; Sommers, Inc.,Sommers Ribbon Co., Stroudsburg,PA

The investigation revealed that thecriteria for eligibility have not been metfor the reasons specified.NAFTA–TAA–4014; CRH Catering Co.,

Inc., Connellsville, PANAFTA–TAA–04045 & A; ACS Shared

Services, Inc., Berea, KY andRichmond, KY

NAFTA–TAA–0436; Eliance Corp., WebCenter, Minot, ND

The investigation revealed thatworkers of the subject firm did notproduce an article within the meaningof Section 250(a) of the Trade Act, asamended.

Affirmative Determinations NAFTA–TAA

NAFTA–TAA–04049; Aircraft andElectronics Specialties, Inc., d/b/aAES Interconnects, Inc., a/k/a HRISStaff Management, Inc. San Benito,TX: July 28, 1999.

NAFTA–TAA–03910; CompetitiveEngineering, Inc., Tucson, AR: May6, 1999.

NAFTA–TAA–03974; Hitachi KokiImaging Solutions, Inc., (formerlyKnown as Data Products), SimiValley, CA: June 2, 1999.

NAFTA–TAA–03986; Triquest PrecisionPlastics, Vancouver, WA: August19, 2000.

NAFTA–TAA–03999; Johnson Controls,Inc., Control Products Div., Goshen,IN: June 29, 1999.

NAFTA–TAA–03994; Wildfire Pacific,Inc., Kent, WA: June 30, 1999.

NAFTA–TAA–04026; Austin Products,Inc., Holbrook, NY: July 10, 1999.

NAFTA–TAA–03953; Ceng, Inc.,Formerly Dexter Sportswear,Dexter, GA: May 30, 1999.

NAFTA–TAA–03936; Goodyear Tireand Rubber Co., Green, OH: May 24,1999.

NAFTA–TAA–03989; Indiana KnitwearCorp., Greenfield, IN: June 26, 1999.

NAFTA–TAA–03973; Grand HavenBrass Foundry, Grand Haven, MI:June 15, 1999.

NAFTA–TAA–04011; MeritorAutomotive, Fairfield, IA: May 5,1999.

NAFTA–TAA–03920 & A; LouisianaPacific Corp., Ketchikan Pulp Co.,Ketchikan Sawmill, Ketchikan, AKand Timber Div., Prince of WalesIsland, AK: May 12, 1999.

NAFTA–TAA–03985; Frink America,Inc., Clayton, NY: June 12, 1999.

NAFTA–TAA–04018; Federal MogulWiper Products, Michigan City, IN:July 6, 1999.

NAFTA–TAA–04015; Optimum AirCorp., Malta, NY: June 25, 1999.

I hereby certify that theaforementioned determinations wereissued during the month of August,2000. Copies of these determinations areavailable for inspection in Room C–5311, U.S. Department of Labor, 200Constitution Avenue, NW., Washington,DC 20210 during normal business hoursor will be mailed to persons who writeto the above address.


Grant D. Beale,Program Manager, Division of TradeAdjustment Assistance.[FR Doc. 00–21727 Filed 8–24–00; 8:45 am]


DEPARTMENT OF LABOR


[TA–W–37,909]

Duke Energy Field Services, Ada,Oklahoma; Termination ofInvestigation

Pursuant to Section 221 of the TradeAct of 1974, an investigation wasinitiated on July 24, 2000, in responseto a petition filed by a company officialon behalf of workers at Duke EnergyField Services, Ada, Oklahoma.

The company official submitting thepetition has requested that the petitionbe withdrawn. Consequently, furtherinvestigation in this case would serveno purpose, and the investigation hasbeen terminated.

Signed in Washington, DC, this 8th day ofAugust 2000.

Grant D. Beale,Program Manager, Division of TradeAdjustment Assistance.[FR Doc. 00–21728 Filed 8–24–00; 8:45 am]


DEPARTMENT OF LABOR


[TA–W–37, 458, 458B, 458C]

House of Perfection, Inc.; AmendedCertification Regarding Eligibility ToApply for Worker AdjustmentAssistance

In accordance with Section 223 of theTrade Act of 1974 (19 USC 2273) theDepartment of Labor issued aCertification of Eligibility to Apply forTrade Adjustment Assistance on April13, 2000, applicable to workers of Houseof Perfection, Inc., WillistonManufacturing Co., Williston, SouthCarolina. The notice was published inthe Federal Register on May 11, 2000(65 FR 30443).

At the request of the company, theDepartment reviewed the certificationfor workers of the subject firm. Thedetermination was amended on May 18,2000 to include workers of the subjectfirms’ Capitol City Manufacturing Co.located in West Columbia, SouthCarolina. Information shows that workerseparations will occur at ManningManufacturing Co. and SumterManufacturing Co. when they close inAugust and October 2000, respectively.The workers are engaged in employmentrelated to the production of children’sapparel such as shorts, tops, blouses andpants for their parent company, Houseof Perfection, Incorporated, WestColumbia, South Carolina.

Accordingly, the Department isamending the certification to cover theworkers of Manning Manufacturing Co.,Manning, South Carolina and SumterManufacturing Co., Sumter, SouthCarolina.

The intent of the Department’scertification is to include all workers ofHouse of Perfection, Incorporated whowere adversely affected by increasedimports.

The amended notice applicable toTA–W–37,458 is hereby issued asfollows:

‘‘All workers of House of Perfection,Incorporated, Williston ManufacturingCo., Williston, South Carolina (TA–W–37,458), Manning Manufacturing Co.,Manning, South Carolina (TA–W–37,458B) and Sumter ManufacturingCo., Sumter, South Carolina (TA–W–37,458C) who became totally or partiallyseparated from employment on or afterMarch 3, 1999 through April 13, 2002are eligible to apply for adjustmentassistance under Section 223 of theTrade Act of 1974.’’



Signed at Washington, D.C. this 11th dayof August, 2000.Grant D. Beale,Program Manager, Division of TradeAdjustment Assistance.[FR Doc. 00–21734 Filed 8–24–00; 8:45 am]BILLING CODE 4510–30–M

DEPARTMENT OF LABOR


[Docket No. TA–W–37,833]

PED Oil Corporation Midland, TX;Termination of Investigation

Pursuant to Section 221 of the TradeAct of 1974, an investigation wasinitiated on July 3, 2000, in response toa worker petition which was filed onbehalf of a worker at PED OilCorporation, Midland, Texas.

The petitioner has requested that thepetition be withdrawn. Consequently,further investigation in this case wouldserve no purpose, and the investigationhas been terminated.

Signed in Washington, D.C. this 10th dayof August, 2000.Grant D. Beale,Program Manager, Division of TradeAdjustment Assistance.[FR Doc. 00–21726 Filed 8–24–00; 8:45 am]BILLING CODE 4510–30–M

DEPARTMENT OF LABOR


[TA–W–37,904]

Staffing Solutions Colorado Springs,CO; Termination of Investigation

Pursuant to Section 221 of the TradeAct of 1974, an investigation wasinitiated on July 24, 2000 in response toa worker petition which was filed onbehalf of workers at Staffing Solutions,Colorado Springs, Colorado.

An active certification covering thepetitioning group of workers is alreadyin effect (TA–W–37,482E, as amended).Consequently, further investigation inthis case would serve no purpose, andthe investigation has been terminated.

Signed in Washington, DC this 14th day ofAugust, 2000.Grant D. Beale,Program Manager, Division of TradeAdjustment Assistance.[FR Doc. 00–21729 Filed 8–24–00; 8:45 am]BILLING CODE 4510–30–M

DEPARTMENT OF LABOR


Federal-State UnemploymentCompensation Program: Availability ofBenefit Accuracy MeasurementProgram Results

AGENCY: Employment and TrainingAdministration, Labor.ACTION: Notice of availability of theUnemployment Insurance (UI) BenefitAccuracy Measurement (BAM) programdata for calendar year (CY) 1999.

SUMMARY: UI BAM program data for CY1999 are published as part of the UIPERFORMS Annual Report, which alsoincludes data from the BenefitTimeliness and Quality and TaxPerformance System programs. UIPERFORMS is the Department ofLabor’s management system forpromoting continuous improvement inUI performance.DATES: The CY 1999 UI PERFORMSAnnual Report will be available byAugust 31, 2000.ADDRESSES: The CY 1999 UIPERFORMS Annual Report, includingState narratives, is posted on the Officeof Workforce Security Internet site—http://workforcesecurity.doleta.gov.Printed versions of the report areavailable through the NationalTechnical Information Service (NTIS)—http://www.ntis.gov. Orders through theNTIS may be placed by telephone (1–800–553-NTIS (6847) or 703–605–6000),fax (703–605–6900), e-mail([email protected]), or mail(NTIS, 5285 Port Royal Road,Springfield, Virginia 22161). Theprinted version will not include Statenarratives.FOR FURTHER INFORMATION CONTACT:Andrew Spisak, Office of WorkforceSecurity, Division of PerformanceManagement, 202–219–5223, extension157. (This is not a toll free number.) E-mail: [email protected] INFORMATION: EachState’s Employment Security Agencyselects weekly random samples of UIbenefit payments. The BAM programstaff collects information about thesepayments by contacting claimants,employers, and third parties todetermine whether the correct amountsof UI benefits were paid in accordancewith State law, policy, and procedure.The results of the payment audits arerecorded in electronic databases in eachState and in the Department of Labor’sNational Office in Washington, DC.

The Department of Labor publishesresults from the investigations for the 52

jurisdictions participating in the UIBAM program. Five items are reportedfor each State: (1) The amount of UIbenefits paid to the population ofclaimants; (2) the size of the BAMsamples (number of completed cases);and (3) the percentages of properpayments, (4) overpayments, and (5)underpayments in the populationestimated from the BAM investigations.Ninety-five percent confidence intervalsare presented for each of the threepercentages as measures of the precisionof the estimates. States may providenarratives to comment on or to clarifythe meaning of the data.

The CY 1999 UI PERFORMS AnnualReport also includes backgroundinformation and the data collectionmethodology for the BAM program.Graphs that display the distribution ofoverpayment rates for all States,national overpayment rates by year, andnational cause and responsibility datafor overpayments for the last five yearsare also provided.

Readers are strongly cautioned that itmay be misleading to compare oneState’s BAM overpayment andunderpayment rates with the rates ofother States. No two States’ writtenlaws, regulations, and policiesspecifying eligibility conditions areidentical. Differences among States inthese conditions influence the potentialfor error. For example, States withstringent, complex provisions will tendto have higher overpayment rates thanthose with simpler, morestraightforward provisions. Noperformance standards for UI benefitaccuracy have been established.

States are not required to publishtheir BAM program data; however,persons wanting clarification oradditional information concerning aspecific State’s report are encouraged tocontact the individuals identified in thefollowing list.

Signed at Washington, D.C., on 2000.Grace A. Kilbane,Administrator, Office of Workforce Security.

Unemployment Insurance BenefitAccuracy Measurement State Contacts

AlabamaDebbie C. Richbourg, Alabama

Department of Industrial Relations,649 Monroe Street, Room 321,Montgomery, AL 36131, (334) 242–8130, email:[email protected]

AlaskaKaren Van Dusseldorp, Q.C. Data

Analyst, Alaska Department ofLabor, P.O. Box 21149, Juneau, AK99802–1149, (907) 465–5946



Arizona

Karen Garding-Chavira, Department ofEconomic Security, EmploymentSecurity Administration, 1789 WestJefferson, Site Code 701B4,Phoenix, AZ 85005, (602) 542–3771

Arkansas

Fred Trowell, BAM Supervisor,Arkansas Employment SecurityDepartment, P.O. Box 2981, LittleRock, AR 72203–2981, (501) 682–3090

California

George Lolas, Chief, Quality ControlSection, Employment DevelopmentDepartment, P.O. Box 826880,Sacramento, CA 94280–0001, (916)654–9678, email:[email protected]

Colorado

Kay Gilbert, BAM Supervisor, ColoradoDivision Employment & Training,UI Division, 1120 Lincoln St., Suite1490, Denver, CO 80203, (303) 866–6557, email: [email protected]

Connecticut

Nancy Steffens, Director ofCommunication, ConnecticutDepartment of Labor, 200 FollyBrook Boulevard, Wethersfield, CT06109, (860) 263–6536, email:[email protected]

Delaware

Thomas MacPherson, Director, Divisionof Unemployment Insurance, P.O.Box 9950, Wilmington, DE 19809–0950, (302) 761–8350, email:[email protected]

District of Columbia

Roberta Bauer, Associate Director,Office of Compliance andIndependent Monitoring,Department of EmploymentServices, 500 C Street, N.W., Room511, Washington, DC 20001, (202)724–7492, email:[email protected]

Florida

Kenneth E. Holmes, UC Director,Division of UnemploymentCompensation, 107 East MadisonSt., 103 Caldwell Building,Tallahassee, FL 32399–0206, (850)921–3889

Georgia

Paul D. Crawford, Chief, QualityAssurance, Georgia Department ofLabor, 148 International Blvd., N.E.,Suite 822, Atlanta, GA 30305, (404)656–7242, email:[email protected]

Hawaii

Linda Uesato, UI Administrator,Department of Labor and IndustrialRelations, 830 Punchbowl Street,Honolulu, HI 96813, (808) 586–9069

Idaho

Bob Davis, Benefit Payment ControlChief, Idaho Department ofEmployment, 317 Main Street,Boise, ID 83735, (208) 334–6305

Illinois

Joe Wojcik, Manager, Quality Assuranceand Compliance Review, IllinoisDepartment of EmploymentSecurity, 401 South State Street,Chicago, IL 60605, (312) 793–1175,email: [email protected]

Indiana

Sandy Jessee, BAM Supervisor, IndianaDepartment of WorkforceDevelopment, 10 North SenateAvenue, Indianapolis, IN 46204,(317) 233–6676

Iowa

LeLoie Dutemple, Quality ControlSupervisor, Iowa WorkforceDevelopment, UnemploymentInsurance Services Division, 1000East Grand Avenue, Des Moines, IA50319–0209, (515) 281–8386, email:[email protected]

Kansas

Vikki O. Muse, BAM/BPC Manager,Kansas Division of EmploymentSecurity, 401 SW Topeka Blvd.,Topeka, KS 66603–3182, (785) 296–2018, email: [email protected]

Kentucky

Ted Pilcher, Technical Services Branch,Division of UnemploymentInsurance, 275 East Main Street,2nd Floor East, Frankfort, KY40621, (502) 564–5057, email:[email protected]

Louisiana,

Marianne Sullivan, ProgramCompliance Manager, LouisianaDepartment of Labor, P.O. Box94094–9094, Baton Rouge, LA70804, (225) 342–7103, email:[email protected]

Maine

Rhonda Webber, Department of Labor,PO Box 2014, Lewiston, ME 04241–2014, (207) 753–2885, email:[email protected]

Maryland

Thomas S. Wendel, Executive Director,Office of Unemployment Insurance,

Department of Labor, Licensing andRegulation, 1100 North EutawStreet, Room 501, Baltimore, MD21201, (410) 767–2444, email:[email protected]

Massachusetts

Rena Kottcamp, Assistant Director ofResearch, Division of Employmentand Training, Charles F. HurleyBuilding, 19 Staniford Street,Boston, MA 02114–2589, (617) 626–6557, email: [email protected]

Michigan

Edward Updyke, Director, Office ofManagement Review, 7310Woodward Avenue, 8th Floor East,Detroit, MI 48202, (313) 876–5908

or

Constance Luckett, Director, QualityImprovement and AssuranceSection, 7310 Woodward Avenue,8th Floor East, Detroit, MI 48202,(313) 876–6909

Minnesota

Chuck Hartfiel, Quality Control Unit,Minnesota Department of EconomicSecurity, 390 North Robert Street,St. Paul, MN 55101, (651) 296–6520, email:[email protected]

Mississippi

Gary Harthcock, BAM Supervisor,Quality Control Unit, MississippiEmployment Security Comm., P.O.Box 23088, Jackson, MS 39225–3088, (601) 961–7709

Missouri

Terry H. Malone, Acting AssistantDirector, UI Operations, MissouriDivision of Employment Security,P.O. Box 59, Jefferson City, MO65104, (573) 751–3648, email:[email protected]

Montana

Joanne Loughney-Finstad, Bureau Chief,Montana Department of Labor andIndustry, Program Support Bureau,1728, 1327 Lockey, Helena, MT59624–1728, (406) 444–2747, email:[email protected]

or

Ken Stephens, BAM Supervisor,Montana Department of Labor andIndustry, Benefit AccuracyMeasurement 4–B, 1728, 1327Lockey, Helena, MT 59624–1728,(406) 444–2679, email:[email protected]



Nebraska

Will Sheehan, UI BenefitsAdministrator, email:[email protected]

orDon Gammill, UI Program Evaluation

Administrator, email:[email protected]

both at: P.O. Box 94600, Lincoln, NE68509–4600, (402) 471–9000

Nevada

Fred Suwe, Deputy Administrator, Stateof Nevada, Department ofEmployment, Training andRehabilitation, EmploymentSecurity Division, 500 East ThirdStreet, Carson City, NV 89713, (775)684–3913, email:suwe@,govmail.state.nv.us

New Hampshire

Carolyn Angle, Assistant to theCommissioner, New HampshireEmployment Security, 32 SouthMain Street, Concord, NH 03301,(603) 228–4073, email:[email protected]

New Jersey

Michael P. Malloy, Director,Unemployment Insurance,Employment Security and JobTraining, New Jersey Department ofLabor, PO Box 058, Trenton, NJ08625–0058, (609) 292–2460, email:[email protected]

New Mexico

Teresa Baca, BAM Supervisor, NewMexico Department of Labor, 401Broadway N.E., P.O. Box 1928,Albuquerque, NM 87103, (505)841–8499

New York

Lou Rosa, Quality Control Supervisor,New York State Department ofLabor, State Office Campus,Building 12, Room 257, Albany, NY12240, (518) 457–0284

North Carolina

W. Howard Phillips, Jr., Supervisor, UISystems and Procedures,Employment Security Commissionof North Carolina, P.O. Box 25903,Raleigh, NC 27611, (919) 733–4893

North Dakota

Bill Steckler, Job Service North Dakota,1000 E. Divide Ave., Bismarck, ND58506–5507, (701) 328–3355, email:[email protected]

Ohio

William J. Anderson, Ohio Departmentof Job and Family Services, P.O.

Box 1618, Columbus, OH 43216,(614) 466–2148, email:[email protected]

Oklahoma

Terry W. McHale, BAM Supervisor,Oklahoma Employment SecurityCommission, 715 S. Service Road,Moore, OK 73160, (405) 793–7286

Oregon

James Mosley, Q.C. Supervisor, OregonEmployment Department, 875Union Street N.E., Salem, OR97311, (503) 947–1684

Pennsylvania

Pete Cope, Director, Bureau ofUnemployment CompensationBenefits and Allowances,Department of Labor and Industry,Labor and Industry Building, Room615, Seventh and Forster Streets,Harrisburg, PA 17121, (717) 787–3547

Puerto Rico

Nancy M. Guzman, UI Director, PRDepartment of Labor and HumanResources, 505 Munoz RiveraAvenue, Hato Rey, PR 00918, (787)754–5254

Rhode Island

Dr. Lee Arnold, Director, Department ofLabor and Training, 101 FriendshipStreet, Providence, RI 02903, (401)222–3732

South Carolina

Leland H. Teal, Director, UI QualityPerformance Assurance, P.O. Box8117, Columbia, SC 29202, (803)737–3048

South Dakota

Dennis Angerhofer, Department ofLabor, 420 South Roosevelt Street,P.O. Box 4730, Aberdeen, SD57401–4730, (605) 626–2005 email:[email protected]

Tennessee

Albert West, Tennessee Department ofEmployment Security,Unemployment Insurance Division,Davy Crockett Tower, 10th Floor,500 James Robertson Parkway,Nashville, TN 37245–2700, (615)741–3190 email: [email protected]

Texas

Sheryl Wiese, Quality ControlSupervisor, Texas WorkforceCommission, 101 East 15th Street,Room 300, Austin, TX 78778, (512)936–3628 email: [email protected]

Utah

Jeff Bardin, Department of EmploymentSecurity, P.O. Box 778, Salt LakeCity, UT 84110–0778, (801) 526–9781 email:[email protected]

Vermont

Robert Herbst, BAM Supervisor,Vermont Department ofEmployment and Training, 200 AsaBloomer Building, Rutland, VT05701, (802) 786–8807

Virginia

F. W. Tucker, IV, Chief of Benefits, FieldOperations Division, VirginiaEmployment Commission, P.O. Box1358, Richmond, VA 23218–1358,(804) 786–3032 email:[email protected]

Washington

Annette Copeland, Acting AssistantCommissioner, UnemploymentInsurance Division, WashingtonEmployment Security Department,P.O. Box 906, Olympia, WA 98507–9046, (360) 902–9303

West Virginia

Dennis D. Redden, West Virginia Bureauof Employment Programs, 112California Avenue, Charleston, WV25305, (304) 558–2256 email:[email protected]

Wisconsin

John Mand, QC Section Chief,Wisconsin Department ofWorkforce Development, UIDivision, 6083 North TeutoniaAvenue, P.O. Box 09999,Milwaukee, WI 53209, (414) 438–2055 email: [email protected]

Wyoming

Ellen Schreiner, UI Administrator,Wyoming Department ofEmployment, P.O. Box 2760,Casper, WY 82602–2760, (307) 235–3253 email: [email protected]


DEPARTMENT OF LABOR


[NAFTA–04028]

Charles Craft, Incorporated,Wadesboro, North Carolina;Termination of Investigation

Pursuant to Title V of the NorthAmerican Free Trade AgreementImplementation Act (Pub. L. 103–182)



concerning transitional adjustmentassistance, hereinafter called (NAFTA–TAA), and in accordance with Section250(a), Subchapter D, Chapter 2, Title II,of the Trade Act of 1974, as amended(19 U.S.C. 2273), an investigation wasinitiated on July 18, 2000 in response toa petition filed on behalf of workers atCharles Craft, Incorporated, Wadesboro,North Carolina.

In a letter dated August 1, 2000, thepetitioners requested that the petitionfor NAFTA–TAA be withdrawn.Consequently, further investigation inthis case would serve no purpose, andthe investigation has been terminated.

Signed at Washington, DC, this 10th day ofAugust 2000.Grant D. Beale,Program Manager, Division of TradeAdjustment Assistance.[FR Doc. 00–21731 Filed 8–24–00; 8:45 am]BILLING CODE 4510–30–M

DEPARTMENT OF LABOR


[NAFTA–03791, NAFTA–03791B and NAFTA03791C]

House of Perfection, Inc., WillistonManufacturing Co., Williston, SouthCarolina, House of Perfection, Inc.,Manning Manufacturing Co., Manning,South Carolina, and House ofPerfection, Inc., Sumter ManufacturingCo., Sumter, South Carolina; AmendedCertification Regarding Eligibility toApply for NAFTA TransitionalAdjustment Assistance

In accordance with Section 250(a),Subchapter 2, Title II, of the Trade Actof 1974, as amended (19 USC 2273), theDepartment of Labor issued aCertification of Eligibility to Apply forNAFTA Transitional AdjustmentAssistance on April 13, 2000, applicableto workers of House of Perfection,Incorporated, Williston ManufacturingCo., Williston, South Carolina. Thenotice was published in the FederalRegister on May 11, 2000 (65 FR 30444).

At the request of the company, theDepartment reviewed the certificationfor workers of the subject firm. Thedetermination was amended on May 18,2000 to include workers of the subjectfirms’ Capitol City Manufacturing Co.located in West Columbia, SouthCarolina. Information shows that workerseparations will occur at ManningManufacturing Co. and SumterManufacturing Co. when they close inAugust and October, 2000, respectively.The workers are engaged in employmentrelated to the production of children’s

apparel such as shorts, tops, blouses andpants for their parent company, Houseof Perfection, Incorporated, WestColumbia, South Carolina.

Accordingly, the Department isamending the certification to coverworkers of Manning Manufacturing Co.,Manning, South Carolina and SumterManufacturing Co., Sumter, SouthCarolina.

The intent of the Department’scertification is to include all workers ofHouse of Perfection, Incorporated whowere adversely affected by a shift ofproduction to Mexico.

The amended notice applicable toNAFTA—03791 is hereby issued asfollows:

‘‘All workers of House of Perfection,Incorporated, Williston Manufacturing,Williston, South Carolina (NAFTA—03791),Manning Manufacturing Co., Manning, SouthCarolina (NAFTA—03791B)) and SumterManufacturing Co., Sumter, South Carolina(NAFTA—03791C) who became totally orpartially separated from employment on orafter March 8, 1999 through April 13, 2002are eligible to apply for NAFTA–TAA underSection 250 of the Trade Act of 1974.’’

Signed at Washington, DC this 11th day ofAugust, 2000.Grant D. Beale,Program Manager, Division of TradeAdjustment Assistance.[FR Doc. 00–21732 Filed 8–24–00; 8:45 am]BILLING CODE 4510–30–M

DEPARTMENT OF LABOR

Employment StandardsAdministration, Wage and HourDivision

Minimum Wages for Federal andFederally Assisted Construction;General Wage Determination Decisions

General wage determination decisionsof the Secretary of Labor are issued inaccordance with applicable law and arebased on the information obtained bythe Department of Labor from its studyof local wage conditions and data madeavailable from other sources. Theyspecify the basic hourly wage rates andfringe benefits which are determined tobe prevailing for the described classes oflaborers and mechanics employed onconstruction projects of a similarcharacter and in the localities specifiedtherein.

The determinations in these decisionsof prevailing rates and fringe benefitshave been made in accordance with 29CFR Part 1, by authority of the Secretaryof Labor pursuant to the provisions ofthe Davis-Bacon Act of March 3, 1931,as amended (46 Stat. 1494, as amended,

40 U.S.C. 276a) and of other Federalstatutes referred to in 29 CFR Part 1,Appendix, as well as such additionalstatutes as may from time to time beenacted containing provisions for thepayment of wages determined to beprevailing by the Secretary of Labor inaccordance with the Davis-Bacon Act.The prevailing rates and fringe benefitsdetermined in these decisions shall, inaccordance with the provisions of theforegoing statutes, constitute theminimum wages payable on Federal andfederally assisted construction projectsto laborers and mechanics of thespecified classes engaged on contractwork of the character and in thelocalities described therein.

Good cause is hereby found for notutilizing notice and public commentprocedure thereon prior to the issuanceof these determinations as prescribed in5 U.S.C. 553 and not providing for delayin the effective date as prescribed in thatsection, because the necessity to issuecurrent construction industry wagedeterminations frequently and in largevolume causes procedures to beimpractical and contrary to the publicinterest.

General wage determinationdecisions, and modifications andsupersedes decisions thereto, contain noexpiration dates and are effective fromtheir date of notice in the FederalRegister, or on the date written noticeis received by the agency, whichever isearlier. These decisions are to be usedin accordance with the provisions of 29CFR Parts 1 and 5. Accordingly, theapplicable decision, together with anymodifications issued, must be made apart of every contract for performance ofthe described work within thegeographic area indicated as required byan applicable Federal prevailing wagelaw and 29 CFR Part 5. The wage ratesand fringe benefits, notice of which ispublished herein, and which arecontained in the Government PrintingOffice (GPO) document entitled‘‘General Wage Determinations IssuedUnder the Davis-Bacon And RelatedActs,’’ shall be the minimum paid bycontractors and subcontractors tolaborers and mechanics.

Any person, organization, orgovernmental agency having an interestin the rates determined as prevailing isencouraged to submit wage rate andfringe benefit information forconsideration by the Department.Further information and self-explanatory forms for the purpose ofsubmitting this data may be obtained bywriting to the U.S. Department of Labor,Employment Standards Administration,Wage and Hour Division, Division ofWage Determinations, 200 Constitution



Avenue, N.W., Room S–3014,Washington, D.C. 20210.

Modifications to General WageDetermination Decisions

The number of decisions listed in theGovernment Printing Office documententitled ‘‘General Wage DeterminationsIssued Under the Davis-Bacon andRelated Acts’’ being modified are listedby Volume and State. Dates ofpublication in the Federal Register arein parentheses following the decisionsbeing modified.

Volume IRhode Island

RI000001 (Feb. 11, 2000)

Volume IIPennsylvania

PA000005 (FEB. 11, 2000)

Volume IIIAlabama

AL000004 (FEB. 11, 2000)AL000006 (FEB. 11, 2000)AL000008 (FEB. 11, 2000)AL000017 (FEB. 11, 2000)AL000033 (FEB. 11, 2000)AL000034 (FEB. 11, 2000)

GeorgiaGA000053 (FEB. 11, 2000)

Volume IVMichigan

MI000034 (FEB. 11, 2000)MI000076 (FEB. 11, 2000)MI000077 (FEB. 11, 2000)MI000078 (FEB. 11, 2000)MI000079 (FEB. 11, 2000)MI000080 (FEB. 11, 2000)MI000081 (FEB. 11, 2000)MI000082 (FEB. 11, 2000)MI000083 (FEB. 11, 2000)MI000084 (FEB. 11, 2000)MI000085 (FEB. 11, 2000)MI000086 (FEB. 11, 2000)MI000087 (FEB. 11, 2000)MI000088 (FEB. 11, 2000)MI000089 (FEB. 11, 2000)MI000090 (FEB. 11, 2000)MI000091 (FEB. 11, 2000)MI000092 (FEB. 11, 2000)MI000093 (FEB. 11, 2000)MI000094 (FEB. 11, 2000)MI000095 (FEB. 11, 2000)MI000096 (FEB. 11, 2000)MI000097 (FEB. 11, 2000)

Volume V

IowaIA000003 (FEB. 11, 2000)IA000005 (FEB. 11, 2000)IA000019 (FEB. 11, 2000)IA000032 (FEB. 11, 2000)IA000038 (FEB. 11, 2000)

NebraskaNE000003 (FEB. 11, 2000)NE000004 (FEB. 11, 2000)NE000009 (FEB. 11, 2000)NE000011 (FEB. 11, 2000)NE000025 (FEB. 11, 2000)

Volume VI

Alaska

AK000001 (FEB. 11, 2000)Idaho

ID000001 (FEB. 11, 2000)Oregon

OR000001 (FEB. 11, 2000)Washington

WA000001 (FEB. 11, 2000)WA000002 (FEB. 11, 2000)WA000003 (FEB. 11, 2000)WA000007 (FEB. 11, 2000)WA000011 (FEB. 11, 2000)

Volume VII

CaliforniaCA000001 (FEB. 11, 2000)CA000002 (FEB. 11, 2000)CA000004 (FEB. 11, 2000)CA000009 (FEB. 11, 2000)CA000027 (FEB. 11, 2000)CA000028 (FEB. 11, 2000)CA000029 (FEB. 11, 2000)CA000030 (FEB. 11, 2000)CA000031 (FEB. 11, 2000)CA000032 (FEB. 11, 2000)CA000033 (FEB. 11, 2000)CA000034 (FEB. 11, 2000)CA000035 (FEB. 11, 2000)CA000036 (FEB. 11, 2000)CA000037 (FEB. 11, 2000)CA000038 (FEB. 11, 2000)CA000039 (FEB. 11, 2000)CA000040 (FEB. 11, 2000)CA000041 (FEB. 11, 2000)

HawaiiHI000001 (FEB. 11, 2000)

General Wage DeterminationPublication

General wage determinations issuedunder the Davis-Bacon and related Acts,including those noted above, may befound in the Government Printing Office(GPO) document entitled ‘‘General WageDeterminations Issued Under The Davis-Bacon and Related Acts.’’ Thispublication is available at each of the 50Regional Government DepositoryLibraries and many of the 1,400Government Depository Libraries acrossthe country.

The general wage determinationsissued under the Davis-Bacon andrelated Acts are available electronicallyby subscription to the FedWorldBulletin Board System of the NationalTechnical Information Service (NTIS) ofthe U.S. Department of Commerce at 1–800–363–2068.

Hard-copy subscriptions may bepurchased from: Superintendent ofDocuments, U.S. Government PrintingOffice, Washington, D.C. 20402, (202)512–1800.

When ordering hard-copysubscription(s), be sure to specify theState(s) of interest, since subscriptionsmay be ordered for any or all of theseven separate volumes, arranged byState. Subscriptions include an annualedition (issued in January or February)which includes all current general wagedeterminations for the States covered by

each volume. Throughout the remainderof the year, regular weekly updates aredistributed to subscribers.

Signed at Washington, D.C. this 17th dayof August 2000.Carl J. Poleskey,Chief, Branch of Construction WageDeterminations.[FR Doc. 00–21473 Filed 8–24–00; 8:45 am]BILLING CODE 4510–27–M

DEPARTMENT OF LABOR

Occupational Safety and HealthAdministration

Agency Information CollectionActivities; Announcement of the Officeof Management and Budget’s (OMB)Approvals

AGENCY: Occupational Safety and HealthAdministration (OSHA); Labor.ACTION: Notice of approval.

SUMMARY: The Occupational Safety andHealth Administration (OSHA)announces that the Office ofManagement and Budget (OMB)approved the information collectionrequirements found in certain sectionsof 29 CFR parts 1910 and 1915. Thisdocument provides the OMB approvalnumbers and expiration dates for theserequirements.FOR FURTHER INFORMATION CONTACT:Theda Kenney, Directorate of SafetyStandards Programs, OccupationalSafety and Health Administration, U.S.Department of Labor, Room N–3609,200 Constitution Avenue, N.W.,Washington, DC 20210, telephone (202)693–2222.SUPPLEMENTARY INFORMATION: In a seriesof Federal Register notices, the Agencyannounced its requests to OMB to renewits current extensions of approvals forvarious information collection(paperwork) requirements in its safetystandards for General Industry andShipyard Employment. In these FederalRegister announcements, the Agencyprovided 60-day comment periods forthe public to respond to OSHA’sburden-hour and cost estimates.

In accordance with the PaperworkReduction Act of 1995 (44 U.S.C. 3501–3520), OMB recently renewed itsapproval for these informationcollection requirements, and assignedOMB control numbers to theserequirements. The table below providesthe following information for each ofthese OMB-approved requirements: Thetitle of the standard that contains therequirement and, in some cases, the titleof the requirement; the Federal Registerreference (date, volume, and leading



page) to OSHA’s request for publiccomment on its burden-hour and costestimates, and the OSHA docket number

for these comments; the OMB controlnumber, and the new expiration date.

Title Federal Register reference and OSHA dock-et No.

OMB controlNumber

Expirationdate

Reports of Injuries to Employees Operating Mechanical PowerPresses (29 CFR 1910.217(g)).

12/15/1999, 64 FR 70056; Docket No. ICR–1218–0070(2000).

1218–0070 05/31/2003

Personal Protective Equipment for General Industry (29 CFR1910.132).

10/22/1999, 64 FR 57127; Docket No. ICR–1218–0205(2000).

1218–0205 05/31/2003

Personal Protective Equipment for Shipyard Employment (29 CFRpart 1915, subpart I).

10/21/1999, 64 FR 56812; Docket No. ICR–1218–0215(2000).

1218–0215 05/31/2003

Inspection Certification Records for Slings (29 CFR 1910.184) ........ 09/17/1999, 64 FR 50544; Docket No. ICR–99–18.

1218–0223 06/30/2002

Mechanical Power Presses, Inspection Certification Records (29CFR 1910.217 (e)(1)(i) and (e)(1)(ii)).

09/10/1999, 64 FR 49248; Docket No. ICR–99–23.

1218–0229 06/30/2002

Aerial Lifts, Manufacturer’s Certification Record of Modification (29CFR 1910.67 (b)(2)).

09/10/1999, 64 FR 49247; Docket No. ICR–99–24.

1218–0230 06/30/2002

Manlifts, Inspection Certification Record (29 CFR 1910.68 (e)(3)) .... 09/02/1999, 64 FR 48209; Docket No. ICR–99–21.

1218–0226 06/30/2002

Forging Machines, Inspection Certification Records (29 CFR1910.218 (a)(2)(i) and (a)(2)(ii)).

09/02/1999, 64 FR 48209; Docket No. ICR–99–22.

1218–0228 06/30/2002

Overhead and Gantry Cranes, Inspection Certification Records (29CFR 1910.179 (j)(2)(iii), (j)(2)(iv), (m)(1), and (m)(2)).

09/02/1999, 64 FR 48208; Docket No. ICR–99–19.

1218–0224 06/30/2002

Servicing Multi-Piece and Single Piece Rim Wheels, Manufacturer’sCertification Record (29 CFR 1910.177 (d)(3)(iv)).

09/02/1999, 64 FR 48207; Docket No. ICR–99–14.

1218–0219 06/30/2002

Telecommunications, Training Certification Record (29 CFR1910.268 (c)).

08/27/1999, 64 FR 46960; Docket No. ICR–99–20.

1218–0225 06/30/2002

Derricks, Inspection Certification Records (29 CFR 1910.181 (g)(1)and (g)(3)).

08/18/1999, 64 FR 44962; Docket No. ICR–99–17.

1218–0222 06/30/2002

Portable Fire Extinguishers, Hydrostatic Test Certification Record(29 CFR 1910.157 (f)(16)).

08/11/1999, 64 FR 43734; Docket No. ICR–99–13.

1218–0218 06/30/2002

Shipyard Certification Records (29 CFR 1915.113 (b)(1) and1915.172(d)).

08/11/1999, 64 FR 43736; Docket No. ICR–99–15.

1218–0220 06/30/2002

Crawler, Locomotive, and Truck Cranes, Inspection CertificationRecords (29 CFR 1910.180 (d), (g)(1), and (g)(2)(iii)).

08/11/1999, 64 FR 43735; Docket No. ICR–99–16.

1218–0221 06/30/2002

Hazardous Waste Operations and Emergency Response(HAZWOPER) (29 CFR 1910.120).

07/01/1999, 64 FR 35699; Docket No. ICR–99–3.

1218–0202 10/31/2002

Process Safety Management of Highly Hazardous Chemicals (29CFR 1910.119).

06/23/1999, 64 FR 33527; Docket No. ICR–99–4.

1218–0200 10/31/2002

Under 5 CFR 1320.5(b), an Agencycannot conduct, sponsor, or require aresponse to, a collection of informationunless: The collection displays a validOMB control number; and the Agencyinforms respondents that they are notrequired to respond to the collection ofinformation unless it displays acurrently valid OMB control number.

This document was prepared underthe direction of Charles N. Jeffress,Assistant Secretary of Labor forOccupational Safety and Health, U.S.Department of Labor, 200 ConstitutionAvenue, N.W., Washington, D.C. 20210.

Signed at Washington, DC, this 16th day ofAugust 2000.

Charles N. Jeffress,Assistant Secretary of Labor.[FR Doc. 00–21812 Filed 8–24–00; 8:45 am]


DEPARTMENT OF LABOR

Occupational Safety and HealthAdministration

Oregon State Standards; Approval

1. Background. Part 1953 of Title 29,Code of Federal Regulations, prescribesprocedures under section 18 of theOccupational Safety and Health Act of1970 (hereinafter called the Act) bywhich the Regional Administrator forOccupational Safety and Health(hereinafter called RegionalAdministrator) under a delegation ofauthority from the Assistant Secretary ofLabor for Occupational Safety andHealth (hereinafter called the AssistantSecretary (29 CFR 1953.4) will reviewand approve standards promulgatedpursuant to a State plan which has beenapproved in accordance with section18(c) of the Act and 29 CFR Part 1902.On December 28, 1972, notice waspublished in the Federal Register (37FR 28628) of the approval of the Oregonplan and the adoption of Subpart D toPart 1952 containing the decision.

The Oregon plan provides foradoption of State standards which are atleast as effective as comparable Federalstandards promulgated under section 6of the Act. Section 1953.20 providesthat where any alteration in the Federalprogram could have an adverse impacton the at least as effective as status ofthe State program, a program changesupplement to a State plan shall berequired. The Oregon plan also providesfor the adoption of Federal standards asState standards by reference.

Electric PowerIn response to Federal standard

changes, the State has submitted byletter dated August 4, 1994, Statestandards comparable to 29 CFR1910.269, Electric Power Generation,Transmission, and Distribution; 29 CFR1910.137, Electrical ProtectiveEquipment; and 29 CFR 1910.331 and333, Electrical Safety-Related WorkPractices, (59 FR 4435, January 31,1994), and corrections and stays to theeffective dates (59 FR 33658, June 30,1994). The State adopted the Federalstandards by reference except for 29



CFR 1910.269(q)(3), which allows bare-hand work under certain circumstances.Oregon added a State-initiated rule thatprohibits live-line bare-hand work. TheState also adopted two State-initiatedrules requiring more frequent testing ofinsulating rubber gloves and sleeves anda two worker rule. This submission wasadopted and effective August 1, 1994,under OR-OSHA Administrative Order(AO) 3–1994.

Machinery and Machine Guarding

In response to Federal standardchanges of March 14, 1988 (53 FR 8353),Definitions related to Machinery andMachine Guarding, the State hassubmitted by letter dated January 11,1989, State standard amendmentscomparable to 29 CFR 1910 Subpart O,Machinery and Machine Guarding.Oregon adopted by reference all ofSubpart O, Machinery and MachineGuarding (29 CFR 1910.211 through1910.222) as OAR 437–02 SubdivisionO on December 30, 1988, under OregonAPD Administrative Order 22–1988,effective January 1, 1989, and repealedOAR 437, Divisions 64 and 92, exceptfor some additional State-initiatedstandards. These standards are: OAR437–02–242(1) & (2), Refuse Collectionand Compaction Equipment; OAR 437–02–242(3), Reciprocating Shear Lines;OAR 437–02–242(4), Lockout/TagoutDuring Repair, Adjustment, Servicing,Cleanup, Lubrication (repealed in 1990when Oregon adopted the Federalstandard by reference); OAR 437–02–242(5) & (6) Requirements forWoodworking-Type Machinery; OAR437–02–242(7), Portable Grinders; OAR437–02–242(8), Definitions; OAR 437–02–242(9), Saw Guards; OAR 437–02–242(10), Radial Saws; and OAR 437–02–242(11) Use of Gloves. On February 27,1990, at OSHA’s request, the Staterepealed OAR 437–02–242(5) & (6)concerning its definition ofwoodworking-type machinery, underOR–OSHA Administrative Order 5–1990, adopted and effective February 9,1990. In addition, on its own initiative,the State has submitted by letter datedJanuary 20, 1995, a recodification,without change, of the independentState standard, Rules for RefuseCollection and Compaction Equipment,from OAR 437–02–242(1) & (2) to OAR437–02–256(1) & (2) respectively; arepeal of OAR 437–02–242(7), PortableGrinders; and a rearrangement andrenumbering of the remaining standardscontained in OAR 437–02–242. Thechange was adopted and effective onSeptember 30, 1994, via Oregon AO 6–1994.

Powered Platforms for BuildingMaintenance

In response to Federal standardchanges, the State has submitted byletter dated January 31, 1990, Statestandards adopted by reference that areidentical to 1910.66, Powered Platformsfor Building Maintenance (54 FR 31456,July 28, 1989). In addition, on its owninitiative, the State adopted by referenceSubparts D, E and the rest of F of 29 CFR1910. This submission was adopted andeffective January 23, 1990, under OR–OSHA Administrative Order 4–1990.The State also repealed OAR Division56, Vehicles, under the sameadministrative order. National Officereview revealed discrepancies and thesubmission was returned to the State forcorrection on November 26, 1991. OnJanuary 10, 1995, the State submitted acorrective amendment adopted andeffective September 30, 1994 under OR–OSHA AO 6–1994. In Subpart E, Meansof Egress, the State has adoptedstandards covering egress from coldstorage rooms which are not containedin the federal standards. This standardfor walk-in refrigerators, originallyadopted and effective April 1, 1985under OR–OSHA AO 5–1985, was re-numbered as OAR 437–02–048 as partof the Subpart E adoption by reference.

Crane Operator Training

On its own initiative, the State hassubmitted by letter dated November 1,1989, Crane Operator TrainingRequirements, OAR 437–89–010,adopted in OR–OSHA AdministrativeOrder 1–1989, on October 11, 1989,effective August 1, 1990. On July 13,1990, an Oregon letter informed OSHAof a change in the effective date of thestandard to January 12, 1991 (OR–OSHAAO 15–1990 (temp), July 12, 1990). OnAugust 2, a State letter clarified that theJanuary 12, 1991 effective date was onlyfor construction; this correction wasdone in OR–OSHA AO 17–1990(temp).On October 24, 1991, a State letteramended OAR 437–89–010(25) anddeleted Appendices A & B, changing thescope of the standard to cover generalindustry only (OR–OSHA AO 11–1991,September 13, 1991, effective October 1,1991). On December 18, 1991, anOregon letter submitted OAR 437–03–081, Crane Operator TrainingRequirements for Construction, adoptedunder OR–OSHA AO 16–1991, onDecember 16, 1991, effective January 1,1992. On January 20, 1995, a State letteramended OAR 437–03–081 to clarifythat safety training is specified and toadd a new appendix OR–F, via OR–OSHA AO 6–1994, adopted andeffective September 30, 1994.

Spray FinishingOn its own initiative, the State has

submitted by letters dated March 13,1992 and May 9, 1994, revisions to Staterules comparable to 29 CFR 1910.107,Spray Finishing Using Flammable andCombustible Materials (39 FR 23502,June 24, 1974). The State has repealedOAR 437 Division 119, except for anumber of additional requirements notincluded in the Federal standards, andincorporated 29 CFR 1910.107, SprayFinishing Using Flammable andCombustible Materials, by reference asOAR 437–02–1910.107. The State’sreadoption by reference alsoincorporates the Federal amendments to29 CFR 1910.107 through April 12,1988. The State’s standard was adoptedFebruary 6, 1992, effective May 1, 1992under OR–OSHA Administrative Order2–1992.

Reinforced Plastics ManufacturingThe State on its own initiative has

submitted by letter dated December 20,1982, an independent State standard tocover Reinforced Plastics Manufacturing(OAR 437–155) under AdministrativeOrder 14–1982. After the exchange ofseveral letters and memorandaconcerning problems with the standard,the State has submitted by letter datedMarch 13, 1992, a revised State standardto cover Reinforced PlasticsManufacturing (OAR 437–02–118)under AO 2–1992, adopted February 6,1992, effective May 1, 1992.

Explosives and Blasting AgentsOn its own initiative, the State has

submitted by letters dated March 13,1992 and May 9, 1994, a revision toState rules comparable to 29 CFR1910.109, Explosives and BlastingAgents (39 FR 23502, June 24, 1974).The State has repealed OAR 437Division 45, except for some additionalrequirements not included in theFederal standards and Tables H–21 andH–22, and incorporated 29 CFR1910.109, Explosives and BlastingAgents, by reference as OAR 437–02–1910.109. The State’s readoption byreference incorporates the Federalamendments to 29 CFR 1910.109through April 12, 1988. The Statestandard was adopted February 6, 1992,effective May 1, 1992, under OR–OSHAAdministrative Order 2–1992.

Fire Protection and Fire FightersOn its own initiative, the State of

Oregon has submitted by letter datedMay 2, 1994, a repeal of Division 61,Fire Protection and adoption byreference of Subpart L, 29 CFR1910.155–165, Fire Protection; andrepeal of Division 151, Fire Fighters and



the adoption of OAR 437–02–182, newrules for Fire Fighters. The State’s FireProtection standard was adopted byreference August 27, 1993, effectiveNovember 1, 1993, under OR–OSHAAdministrative Order 14–1993. TheState’s Fire Fighter standard—a sectionof Division 2/L, Fire Protection—is aState-initiated standard that coverspublic sector fire departments, whichare not covered by Federal OSHA. Thisstandard was adopted under the sameAdministrative Order. The Fire Fighterstandard is comparable to OSHA’s FireBrigade standard contained in 29 CFR1910.156. The main difference is thatprotective clothing such as foot, leg,body, hand and head protection mustmeet the requirements of NFPA ratherthan the requirements contained in thestandard or other organizations. On itsown initiative, the State of Oregon hasalso submitted by letter dated May 21,1999 additional revisions and additionsto its public sector Fire Fightersstandard, OAR 437–02–182. The Stateupgraded its personal protectiveequipment requirements and requiredthat each fire fighter involved in rescue,fire suppression or other hazardousduties be provided with and use aPersonal Alert Safety System (PASS).Oregon also changed the personnelphysical requirements for performingwork in emergencies, added arequirement for using an IncidentManagement system in accordance withNFPA 1561, and added a formula tocalculate the water supply requirementsfor live fire training. Oregon’ssubmission was adopted and effectiveon March 11, 1998 under OR–OSHA AO2–1998. On its own initiative, Oregonhas also submitted on August 7, 2000further revisions to its Fire Fightersstandard which require the sampling ofair every six months from respiratorcompressors. Oregon’s submission wasadopted and effective on January 28,2000 under OR–OSHA AO 2–2000.(Oregon has adopted identically theFederal procedures for interiorstructural fire fighting, as found inOSHA’s Respiratory Protection standardat 1910.134. This standard is cross-referenced in the State’s Fire Fightersstandard.)

LeadOn its own initiative, Oregon

submitted by letter dated December 10,1990, an amendment to 1910.1025,Lead, which was previously approved(54 FR 38300) on September 15, 1989.The State repealed 1910.1025(a), Scopeand Application, and adopted OAR437–02–371, which states that the leadstandard applies to all occupationalexposures to lead including agriculture

and construction. This change wasadopted and effective November 30,1990 in OR–OSHA AdministrativeOrder 26–1990. However, by letter datedJanuary 20, 1995, the State of Oregonsubmitted an amendment to OAR 437–02–371 that excludes construction fromthe application of 1910.1025 due to thenew lead in construction standard. Thechange was adopted and effectiveSeptember 30, 1994 via OR–OSHA AO6–1994.

VentilationOregon has submitted State and

Federal-initiated standard amendmentsby letters dated March 13, 1992 andMay 9, 1994 which are comparable to 29CFR 1910.94, Ventilation. Thesignificant State-initiated amendmentsinclude updating the ANSI reference forair purity, a requirement for blastingnozzles to be equipped with a deadmanswitch, addition of nine definitions, andventing of fuel burning heating devices.The Federal amendments werepublished August 6, 1990 (FR 31984).The State adopted its amendments viaAdministrative Order 2–1992 onFebruary 6, 1992, effective May 1, 1992.

Noise ExposureOn its own initiative, the State has

adopted by letter dated April 23, 1993,a readoption of State rules comparableto OSHA standard 29 CFR 1910.95,Occupational Noise Exposure, asamended through June 28, 1983 (48 FR29687). Oregon’s OAR 437 Division 121noise standard has been repealed in itsentirety by the new State standard, OAR437–02–1910.95. The State had receivedwritten comments on its proposed rulewhich addressed potential workers’compensation issues and therecordability of hearing loss on theOSHA 200 Log of Occupational Illnessesand Injuries. The State’s amendmentwas adopted under OR–OSHAAdministrative Order 4–1993 on April1, 1993, effective May 1, 1993. AlthoughOregon adopted the Federal noisestandard by reference, the State alsoincluded the following significantdifferences in place of severalprovisions: Oregon adopted OAR 437–02–095 (in lieu of 29 CFR 1910.95(g)(3)),which requires all persons conductingaudiometric testing to be certifiedwithout exception. The State did notadopt a rule similar to 29 CFR1910.95(g)(5)(ii), as Oregon does notallow the Mobile Test Van exception.Oregon did not adopt a standard similarto 29 CFR 1910.95(g)(10)(ii) and itsreferences, 29 CFR 1910.95(i)(2)(iii)(A)and Appendix F because Oregon doesnot make any allowance for presbycusis.The State did not adopt a standard

similar to 29 CFR 1910.95(o), becauseOregon Revised Statute (ORS) 654.022requires all-industry compliance withall standards. All other provisions of 29CFR 1910.95, Occupational NoiseExposure, have been adopted byreference as OAR 437–02–1910.95.

Handling Materials

On its own initiative, Oregonsubmitted by letter dated October 6,1993, a recodification and amendmentof the State standard, HandlingMaterials. The State has repealed OAR437–63, Handling Materials, in itsentirety, and adopted by reference theFederal standard, 29 CFR 1910.176, asOAR 437–02–1910.176. The State’sreadoption by reference alsoincorporates the Federal Revocation ofSelected General and Special IndustrySafety and Health Standards (43 FR49749, October 24, 1978). AlthoughOregon has adopted the FederalHandling Materials standard byreference, the State has included thefollowing State-initiated provisions: TheState-initiated standards OAR 437–63–005(1) through OAR 437–63–185(23), asapproved July 17, 1987 (52 FR 27077),were recodified, without change, asOAR 437–02–221(1)(a) through OAR437–02–221(37)(u). The State standardOAR 437–63–305, also approved July17, 1987, was amended and recodifiedas OAR 437–02–221(38)(a) through OAR437–02–221(38)(c), Automotive Hoists.The Handling Materials amendmentswere adopted August 20, 1993, effectiveNovember 1, 1993, under OR–OSHAAdministrative Order 13–1993.

Overhead and Gantry Cranes

On its own initiative, the Statesubmitted by letter dated October 6,1993, a recodification and amendmentof the State standard, Overhead andGantry Cranes, OAR 437–02–1910.179.The State has repealed OAR 437–89,Overhead and Gantry Cranes, in itsentirety, and adopted by reference theFederal standard 29 CFR 1910.179—asamended through August 6, 1990 (55 FR32015)—as OAR 437–02–1910.1. TheState also added some State-initiatedstandards: OAR 437–89–010(1) throughOAR 437–89–210(1) were recodifiedand included, without change, as OAR437–02–228(1)(a) through OAR 437–02–229(2)(d). The State also replaced1910.179(b)(8), designated personnel,with OAR 437–02–229(2), competentpersonnel. The Overhead and GantryCranes amendments were adoptedAugust 20, 1993, effective November 1,1993, under OR–OSHA AdministrativeOrder 13–1993.



Crawler Locomotive and Truck Cranes

On its own initiative, the Statesubmitted by letter dated October 6,1993, a recodification and amendmentof the State standard, CrawlerLocomotive and Truck Cranes, OAR437–02–1910.180. The State hasrepealed OAR 437–89, CrawlerLocomotive and Truck Cranes, in itsentirety, and adopted by reference theFederal standard 29 CFR 1910.180—asamended through July 17, 1987 (52 FR27077)—as OAR 437–02–1910.180. TheState also recodified and added, withoutchange, some existing State-initiatedstandards: OAR 437–89–265(6) and (8),Load Rating, were recodified as OAR437–02–230(2)(a) and (b); OAR 437–89–270, Booms, was recodified as OAR437–02–230(3); and OAR 437–89–375(1), Hydraulic Cranes, wasrecodified as OAR 437–02–230(4). Inaddition, the State incorporated a newprovision at OAR 437–02–230(1),Definitions for Authorized andCompetent Persons. The CrawlerLocomotive and Truck Cranesamendments were adopted on August20, 1993, effective November 1, 1993,under OR–OSHA Administrative Order13–1993.

General Environmental Controls

On its own initiative, the State ofOregon has submitted by letter datedJanuary 6, 1993, a repeal of the Statestandards OAR 437, Divisions 54, 112,113, and 128, General EnvironmentalControls, and adoption by reference ofcomparable Federal standards. Oregonhas adopted by reference OSHAstandards 1910.141, Sanitation;1910.143, Nonwater Carriage DisposalSystems; 1910.144, Safety Color Codefor Marking Physical Hazards; 1910.145,Specifications for Accident PreventionSigns and Tags; 1910.148, StandardsOrganizations; 1910.149, EffectiveDates; and 1910.150, Sources ofStandards. The State’s standard wasadopted December 7, 1992, effectiveFebruary 1, 1993, through OR–OSHAAdministrative Order 13–1992. Oregon’sSanitation standard includes onedifference not previously approved: arequirement that toilet facilities atpermanent worksites be reasonablyaccessible.

Commercial Diving Operations

On its own initiative, the State ofOregon has submitted by letter datedMay 6, 1993, a repeal of the Statestandard OAR 437, Division 86,Commercial Diving Operations, andadoption by reference of the Federalstandard at 1910.401–.441. The State’sstandard was adopted May 4, 1993,

effective June 1, 1993, through OR–OSHA Administrative Order 5–1993.Oregon’s Commercial Diving standardincludes these differences notpreviously approved: requirements forInland Emergency Aid, for air supplysystems, and testing for carbonmonoxide in the supplied air.

SawmillsOn its own initiative, the State of

Oregon has submitted by letter datedJune 23, 1993, a repeal of the Statestandard OAR Division 79, Lumber,Plywood and Shingle Manufacturing,and adoption by reference of thecomparable Federal standard at1910.265, Sawmills. The State’sstandard was adopted June 8, 1993,effective August 1, 1993, through OR–OSHA Administrative Order 7–1993.Oregon’s Sawmills standard includestwo differences not previouslyapproved: (1) Changing the scope toinclude plywood manufacturers andcooperage and veneer operations; and(2) providing clarification for otherequivalent means for releasing binders.In addition, on its own initiative, theState of Oregon submitted by letterdated June 13, 1997, a repeal of oneparagraph, OAR 437–02–0313(5)(c), ofthe State’s Sawmills standard, becausefoot protection is already coveredadequately in Division 2/1, PersonalProtective Equipment. The State’samendment was adopted and effectiveon July 22, 1996, under Oregon AO 3–1996.

Air ReceiversOn its own initiative, the State

submitted by letter dated October 14,1993, a recodification and amendmentof the State standard on Air Receivers,OAR 437–02–1910.169. The Staterepealed OAR 437–62, Compressed Gas,Compressed Air Equipment andPressure Vessels, in its entirety, andadopted by reference the Federalstandard 29 CFR 1910.169—as amendedthrough February 10, 1984 (49 FR5322)—as OAR 437–02–1910.169. Inaddition, Oregon included thepreviously approved State-initiatedstandards OAR 437–02–569, 573, 600,626, and 629, and recodified themwithout change as OAR 437–02–210(1)(a) and (b), –210(2)(a), –210(3)(a)and (b), respectively. There is onesignificant difference in the AirReceivers standard: Oregon alsoincorporated new rules at OAR 437–02–210(2)(b), –210(2)(b)(A), –210(2)(c),–210(2)(c)(A) and –210(2)(d) whichreflect current industry standards for theuse of plastic pipe for compressed air.Oregon’s standard was adopted underOR–OSHA Administrative Order 10–

1993 on July 29, 1993, effectiveSeptember 15, 1993.

DefinitionsOn its own initiative, the State

submitted by letter dated October 13,1993, an adoption by reference of theOSHA standard, 29 CFR 1910.241,Definitions, as amended throughOctober 24, 1978 (43 FR 49705). TheState, which previously did not have acomparable standard, has adopted theFederal standard by reference as OAR437–02–1910.241. Oregon alsoincorporated OAR 437–02–262(formerly OAR 437–93–005), AdditionalDefinitions. Oregon’s standard wasadopted under OR–OSHAAdministrative Order 10–1993 on July29, 1993, effective September 15, 1993.

Guarding of Portable Powered ToolsOn its own initiative, the State

submitted by letter dated October 13,1993, a recodification and amendmentof the State standard, Guarding ofPortable Powered Tools, OAR 437–02–1910.243. Oregon has repealed OAR437–65, Hand Tools, Portable PowerTools and Equipment, and Power LawnMowers, in its entirety, and adopted byreference the Federal standard, 29 CFR1910.243—as amended throughFebruary 1, 1985 (50 FR 4649)—as OAR437–02–1910.243. Oregon’s adoption byreference of the Federal standards addedsome previously approved State-initiated standards that were re-codifiedwithout change: OAR 437–65–040(2)through (5), 437–62–040(7), 437–65–040(8), 437–65–040(11) and (12), wererecodified as OAR 437–02–266(3)(a)through (i), respectively; and OAR 437–65–045(1) through (7) was recodified asOAR 437–02–266(4)(a) through (g),respectively. The State alsoincorporated some additionalrequirements at OAR 437–02–266(1),Lower Guard; and 437–02–266(2)(a)through (e), Power Chain Saws, thatwere not previously approved. Oregon’sstandard was adopted under OR–OSHAAdministrative Order 10–1993 on July29, 1993, effective September 15, 1993.

All of these standards amendmentswere incorporated as part of the OregonState plan upon adoption.

2. Decision. OSHA has determinedthat these State standard amendmentsare at least as effective as thecomparable Federal standards, asrequired by section 18(c)(2) of the Act.The following standards amendmentshave been in effect since these dates(only the latest amendment date isshown): Electric Power Generation/Transmission/Distribution, ElectricalProtective Equipment and ElectricalSafety-Related Work Practices (August



1, 1994), Machinery and MachineGuarding (September 30, 1994),Powered Platforms for BuildingMaintenance (September 30, 1994),Crane Operator Training (September 30,1994), Spray Finishing (May 1, 1992),Reinforced Plastics Manufacturing (May1, 1992), Explosives and Blasting Agents(September 30, 1994), Fire Protectionand Fire Fighters (January 28, 2000),Lead (September 30, 1994), Ventilation(May 1, 1992), Noise Exposure (May 1,1993), Handling Materials (November 1,1993), General Environmental Controls,including Sanitation (February 1, 1993),Commercial Diving (June 1, 1993),Sawmills (July 22, 1996), Air Receivers(September 15, 1993), and Guarding ofPortable Powered Tools (September 15,1993). During that time OSHA hasreceived no indication of significantobjection to the State’s differentstandards either as to their effectivenessin comparison to the Federal standardor as to their conformance with theproduct clause requirements of section18(c)(2) of the Act. (A different Statestandard applicable to a product whichis distributed or used in interstatecommerce must be required bycompelling local conditions and notunduly burden interstate commerce.)Oregon’s Fire Protection and publicsector Fire Fighters standards have beenin effect since 1993, although the FireFighters standard was amended inMarch 1998 and January 2000. Theprivate sector Fire Protection standard isidentical to the Federal. Since thepublic sector Fire Fighters standard is atleast as effective as the comparableFederal standards, is not specificallyapplicable to products used ordistributed in interstate commerce, andis limited in scope to the public sectorin Oregon, OSHA has determined thatfurther opportunity for public commentis not appropriate. OSHA has alsodetermined that the differences betweenthe following State standardsamendments and the Federalamendments are minor: Overhead andGantry Cranes, Crawler Locomotive andTruck Cranes, and Definitions(1910.241).

OSHA therefore approves all thestandards and amendments contained inthis notice; however, the right toreconsider this approval is reservedshould substantial objections besubmitted to the Assistant Secretary.

3. Location of Supplement forInspection and Copying. A copy of thestandards, along with the approvedplan, may be inspected and copiedduring normal business hours at thefollowing locations: Office of theRegional Administrator, OccupationalSafety and Health Administration, 1111

Third Avenue, Suite 715, Seattle,Washington 98101–3212; OregonOccupational Safety and HealthDivision, Department of Consumer andBusiness Services, Salem, Oregon97310; and the Office of State Programs,Occupational Safety and HealthAdministration, Room N–3700, 200Constitution Avenue, NW, Washington,D.C. 20210.

4. Public Participation. Under 29 CFR1953.2(c), the Assistant Secretary mayprescribe alternative procedures toexpedite the review process or for othergood cause which may be consistentwith applicable laws. The AssistantSecretary finds that good cause existsfor not publishing the supplement to theOregon State Plan as a proposed changeand making the RegionalAdministrator’s approval effective uponpublication for the following reasons:

1. The standard amendments are atleast as effective as the federal standardswhich were promulgated in accordancewith the federal law, including meetingrequirements for public participation.

2. The standard amendments wereadopted in accordance with theprocedural requirements of State lawand further public participation wouldbe repetitious.

This decision is effective August 25,2000.(Sec. 18, Pub. L. 91–596, 84 STAT. 6108[29 U.S.C. 667]).

Signed at Seattle, Washington, this 15thday of August, 2000.Richard S. Terrill,Regional Administrator.[FR Doc. 00–21694 Filed 8–24–00; 8:45 am]BILLING CODE 4510–26–P

DEPARTMENT OF LABOR

Pension and Welfare BenefitsAdministration

111th Full Meeting of the AdvisoryCouncil on Employee Welfare andPension Benefits Plan; Notice ofMeeting

Pursuant to the authority contained inSection 512 of the Employee RetirementIncome Security Act of 1974 (ERISA), 29U.S.C. 1142, the 111th open meeting ofthe full Advisory Council on EmployeeWelfare and Pension Benefit Plans willbe held Tuesday, September 12, 2000, inRoom N–5437 A–D, U.S. Department ofLabor Building, Third and ConstitutionAvenue, NW, Washington, DC 20210.

The purpose of the meeting, whichwill begin at 1:30 p.m. and end atapproximately 3:00 p.m., is for the threeworking groups to provide progressreports on their study topics and for

Leslie Kramerich, the acting AssistantSecretary for the Pension and WelfareBenefits Administration, to updatemembers on employee benefitlegislative and regulatory activities.

Members of the public are encouragedto file a written statement pertaining toany topics the Council elected to studyfor the year by submitting 20 copies onor before September 4, 2000 to SharonMorrissey, Executive Secretary, ERISAAdvisory Council, U.S. Department ofLabor, Suite N–5677, 200 ConstitutionAvenue, NW, Washington, DC 20210.

Individuals or representatives oforganizations wishing to address theAdvisory Council should forward theirrequests to the Executive Secretary ortelephone (202) 219–8753. Oralpresentations will be limited to tenminutes, time permitting, but anextended statement may be submittedfor the record. Individuals withdisabilities, who need specialaccommodations, should contact SharonMorrissey by September 4 at the addressindicated.

Organizations or individuals may alsosubmit statements for the recordwithout testifying. Twenty (20) copies ofsuch statements should be sent to theExecutive Secretary of the AdvisoryCouncil at the above address. Paperswill be accepted and included in therecord of the meeting if received on orbefore September 4, 2000.

Signed at Washington, DC this 21st day ofAugust 2000.Leslie Kramerich,Acting Assistant Secretary, Pension andWelfare Benefits Administration.[FR Doc. 00–21735 Filed 8–24–00; 8:45 am]BILLING CODE 4510–29–M

DEPARTMENT OF LABOR


Working Group on Benefit ContinuityAfter Organizational RestructuringAdvisory Council on Employee Welfareand Pension Benefits Plans; Notice ofMeeting

Pursuant to the authority contained inSection 512 of the Employee RetirementIncome Security Act of 1974 (ERISA), 29U.S.C. 1142, the Working Group of theAdvisory Council on Employee Welfareand Pension Benefit Plans studyingbenefit continuity after organizationalrestructuring will hold an open publicmeeting on Tuesday, September 12,2000, in Room N–5437 A–D, U.S.Department of Labor Building, Secondand Constitution Avenue, NW.,Washington, DC 20210.



The purpose of the open meeting,which will run from 9:00 a.m. toapproximately noon, is for WorkingGroup members to explore the employeeperspective on the issue.

Members of the public are encouragedto file a written statement pertaining tothe topic by submitting 20 copies on orbefore September 4, 2000, to SharonMorrissey, Executive Secretary, ERISAAdvisory Council, U.S. Department ofLabor, Room N–5677, 200 ConstitutionAvenue, NW., Washington, DC 20210.Individuals or representatives oforganizations wishing to address theWorking Group should forward theirrequest to the Executive Secretary ortelephone (202) 219–8753. Oralpresentations will be limited to 10minutes, but an extended statement maybe submitted for the record. Individualswith disabilities, who need specialaccommodations, should contact SharonMorrissey by September 4, at theaddress indicated in this notice.

Organizations or individuals may alsosubmit statements for the recordwithout testifying. Twenty (20) copies ofsuch statements should be sent to theExecutive Secretary of the AdvisoryCouncil at the above address. Paperswill be accepted and included in therecord of the meeting if received on orbefore September 4.

Signed at Washington, D.C. this 21st day ofAugust, 2000.Leslie Kramerich,Acting Assistant Secretary, Pension andWelfare Benefits Administration.[FR Doc. 00–21736 Filed 8–24–00; 8:45 am]BILLING CODE 4510–29–M

DEPARTMENT OF LABOR


Working Group on Long-Term CareAdvisory Council on Employee Welfareand Pension Benefits Plans; Notice ofMeeting

Pursuant to the authority contained inSection 512 of the Employee RetirementIncome Security Act of 1974 (ERISA), 29U.S.C. 1142, a public meeting will beheld Monday, September 11, 2000, ofthe Advisory Council on EmployeeWelfare and Pension Benefit PlansWorking Group studying long-term care.

The session will take place in RoomN–5437 A–D, U.S. Department of LaborBuilding, Second and ConstitutionAvenue, NW., Washington, DC 20210.The purpose of the open meeting, whichwill run from 1 p.m. to approximately3:30 p.m., is for working group membersto receive testimony on expansion of

LTC insurance and future Medicaidexpenditures as well as a summary oflegislative proposals before Congress.


Organizations or individuals may alsosubmit statements for the recordwithout testifying. Twenty (20) copies ofsuch statements should be sent to theExecutive Secretary of the AdvisoryCouncil at the above address. Paperswill be accepted and included in therecord of the meeting if received on orbefore September 4.

Signed at Washington, DC, this 21st day ofAugust, 2000.Leslie Kramerich,Acting Assistant Secretary, Pension andWelfare Benefits Administration.[FR Doc. 00–21737 Filed 8–24–00; 8:45 am]BILLING CODE 4510–29–M

DEPARTMENT OF LABOR


Working Group on Phased RetirementAdvisory Council on Employee Welfareand Pension Benefits Plans; Notice ofMeeting

Pursuant to the authority contained inSection 512 of the Employee RetirementIncome Security Act of 1974 (ERISA), 29U.S.C. 1142, a public meeting will beheld on Monday, September 11, 2000, ofthe Working Group on PhasedRetirement of the Advisory Council onEmployee Welfare and Pension BenefitPlans.

The purpose of the open meeting,which will run from 9:00 a.m. toapproximately 12:30 p.m. in Room N–5437 A–D, U.S. Department of LaborBuilding, Second and ConstitutionAvenue NW., Washington, DC 20210, isfor working group members to completetaking testimony for its study on phasedretirement.


Organizations or individuals also maysubmit statements for the recordwithout testifying. Twenty (20) copies ofsuch statements should be sent to theExecutive Secretary of the AdvisoryCouncil at the above address. Paperswill be accepted and included in therecord of the meeting if received on orbefore September 4.

Signed at Washington, D.C. this 21st day ofAugust 2000.Leslie Kramerich,Acting Assistant Secretary, Pension andWelfare Benefits Administration.[FR Doc. 00–21738 Filed 8–24–00; 8:45 am]BILLING CODE 4510–29–M

NUCLEAR REGULATORYCOMMISSION

[Docket Nos. 50–413 and 50–414]

Duke Energy Corporation, et al.; Noticeof Consideration of Issuance ofAmendment to Facility OperatingLicense, Proposed No SignificantHazards Consideration Determination,and Opportunity for a Hearing

The U.S. Nuclear RegulatoryCommission (the Commission) isconsidering issuance of an amendmentto Facility Operating License No. NPF–35 and Facility Operating License No.NPF–52 issued to Duke EnergyCorporation, et al., (the licensee) foroperation of the Catawba NuclearStation, Units 1 and 2, located in YorkCounty, South Carolina.

The proposed amendment wouldtemporarily revise TechnicalSpecification (TS) 3.5.2 Emergency CoreCooling System (ECCS); TS 3.6.6Containment Spray System (CSS); TS3.6.17 Containment Valve InjectionWater System (CVIWS); TS 3.7.5Auxiliary Feedwater (AFW) System; TS3.7.7 Component Cooling Water (CCW)



System; TS 3.7.8 Nuclear Service WaterSystem (NSWS); TS 3.7.10 ControlRoom Area Ventilation System(CRAVS); TS 3.7.12 Auxiliary BuildingFiltered Ventilation Exhaust System(ABFVES), and TS 3.8.1 AC Sources—Operating, for Catawba Nuclear StationUnit 2. The proposed TS changes willallow the ‘‘A’’ and ‘‘B’’ Nuclear ServiceWater System (NSWS) headers to besequentially taken out of service for 12days each for cleaning and pipereplacement. This cleaning and pipereplacement is scheduled to occur whileUnit 1 will be in refueling outage in fall2000 and Unit 2 will be at poweroperation.

Before issuance of the proposedlicense amendment, the Commissionwill have made findings required by theAtomic Energy Act of 1954, as amended(the Act) and the Commission’sregulations.

The Commission has made aproposed determination that theamendment request involves nosignificant hazards consideration. Underthe Commission’s regulations in 10 CFR50.92, this means that operation of thefacility in accordance with the proposedamendment would not (1) involve asignificant increase in the probability orconsequences of an accident previouslyevaluated; or (2) create the possibility ofa new or different kind of accident fromany accident previously evaluated; or(3) involve a significant reduction in amargin of safety. As required by 10 CFR50.91(a), the licensee has provided itsanalysis of the issue of no significanthazards consideration, which ispresented below:

Catawba is currently pursuing a project toclean and modify the nuclear service watersystem (NSWS) piping for both units. This isnecessary to maintain the long-termreliability of the NSWS. This projectrepresents a challenge in that it is notpossible to isolate, drain, clean, restore andtest the NSWS during the current TS actiontime frame. The purpose of this submittal isto request a temporary change to the existingTS for the systems affected during theproject. This will permit an orderly andefficient project implementation during therefueling outage 1EOC12 and during poweroperation on Unit 2. The specific change isto extend the TS required action time from72 hours to 288 hours.

The following discussion is a summary ofthe evaluation of the changes contained inthis proposed amendment against the 10 CFR50.92(c) requirements to demonstrate that allthree standards are satisfied. A no significanthazards consideration is indicated ifoperation of the facility in accordance withthe proposed amendment would not:

1. Involve a significant increase in theprobability or consequences of an accidentpreviously evaluated, or

2. Create the possibility of a new ordifferent kind of accident from any accidentpreviously evaluated, or

3. Involve a significant reduction in amargin of safety.

First Standard

The cleaning and modification project forthe NSWS and proposed TS changes havebeen evaluated to assess their impact onnormal operation of the systems affected andto ensure that the design basis safetyfunctions are preserved. During the cleaningthe other NSWS train will be operable andno major maintenance or testing will be doneon the operable train. The operable train willbe protected to help ensure it would beavailable if called upon.

This cleaning and modification project willincrease the available flow margin in theNSWS system. This increase in margin willensure that each NSWS header has anincreased flow margin to enhance its abilityto comply with design basis requirements.This will allow Catawba to reduce theamount of unavailability for the NSWSsystem in the future and increase the overallreliability for many years.

Currently, Catawba periodically performsflow tests to ensure that the required designflow is maintained from the NSWS to theAFW system. This has resulted in an increasein the unavailability of the AFW system. Bycompleting this project, Catawba will be ableto increase the NSWS flow margin for theAFW system and reduce the amount of flowtesting that will be required in the future.This will result in a decrease in theunavailability of the AFW system andimprovement in its overall reliability. Thiswill result in an improved safety margin forCatawba.

The increased NSWS train unavailabilitythat results from the implementation of thisamendment does involve a one time increasein the probability or consequences of anaccident previously evaluated during thetime frame the NSWS headers are out ofservice for cleaning. Considering this smalltime frame for each NSWS train outage withthe increased reliability and the decrease inunavailability of the NSWS and AFWsystems in the future because of this project,the overall probability or consequences of anaccident previously evaluated will decrease.

Second Standard

Implementation of this amendment wouldnot create the possibility of a new or differentkind of accident from any accidentpreviously evaluated. The proposedtemporary TS changes do not affect the basicoperation of the ECCS, CSS, CVIWS, NSWS,AFW, CCW, CRAVS, ABFVES, or EDGsystems. The only change is increasing therequired action time frame from 72 hours to288 hours (ECCS, CSS, NSWS, AFW, CCW,and EDG) or from 168 hours to 288 hours(CVIWS, CRAVS and ABFVES). During theproject, contingency measures will be inplace to provide additional assurance that theaffected systems will be able to completetheir design functions.

No new accident causal mechanisms arecreated as a result of NRC approval of thisamendment request. No changes are being

made to the plant, which will introduce anynew accident causal mechanisms.

Third Standard

Implementation of this amendment wouldnot involve a significant reduction in amargin of safety. Margin of safety is relatedto the confidence in the ability of the fissionproduct barriers to perform their designfunctions during and following an accidentsituation. These barriers include the fuelcladding, the reactor coolant system, and thecontainment system. The performance ofthese fission product barriers will not beimpacted by implementation of this proposedtemporary TS amendment. During theoutages for each NSWS header, the affectedsystems will still be capable of performingtheir required functions and contingencymeasures will be in place to provideadditional assurance that the affectedsystems will be maintained in a condition tobe able to complete their design functions.Therefore, there is not a significant reductionin the margin of safety.

Based upon the preceding discussion,Duke Energy has concluded that theproposed amendment for a temporary onetime TS change does not involve a significanthazards consideration.

The NRC staff has reviewed thelicensee’s analysis and, based on thisreview, it appears that the threestandards of 10 CFR 50.92(c) aresatisfied. Therefore, the NRC staffproposes to determine that theamendment request involves nosignificant hazards consideration.

The Commission is seeking publiccomments on this proposeddetermination. Any comments receivedwithin 30 days after the date ofpublication of this notice will beconsidered in making any finaldetermination.

Normally, the Commission will notissue the amendment until theexpiration of the 30-day notice period.However, should circumstances changeduring the notice period such thatfailure to act in a timely way wouldresult, for example, in derating orshutdown of the facility, theCommission may issue the licenseamendment before the expiration of the30-day notice period, provided that itsfinal determination is that theamendment involves no significanthazards consideration. The finaldetermination will consider all publicand State comments received. Shouldthe Commission take this action, it willpublish in the Federal Register a noticeof issuance and provide for opportunityfor a hearing after issuance. TheCommission expects that the need totake this action will occur veryinfrequently.

Written comments may be submittedby mail to the Chief, Rules andDirectives Branch, Division of



Administrative Services, Office ofAdministration, U.S. Nuclear RegulatoryCommission, Washington, DC 20555–0001, and should cite the publicationdate and page number of this FederalRegister notice. Written comments mayalso be delivered to Room 6D59, TwoWhite Flint North, 11545 RockvillePike, Rockville, Maryland, from 7:30a.m. to 4:15 p.m. Federal workdays.Copies of written comments receivedmay be examined at the NRC PublicDocument Room, the Gelman Building,2120 L Street, NW., Washington, DC.

The filing of requests for hearing andpetitions for leave to intervene isdiscussed below.

By September 25, 2000, the licenseemay file a request for a hearing withrespect to issuance of the amendment tothe subject facility operating license andany person whose interest may beaffected by this proceeding and whowishes to participate as a party in theproceeding must file a written requestfor a hearing and a petition for leave tointervene. Requests for a hearing and apetition for leave to intervene shall befiled in accordance with theCommission’s ‘‘Rules of Practice forDomestic Licensing Proceedings’’ in 10CFR Part 2. Interested persons shouldconsult a current copy of 10 CFR 2.714which is available at the Commission’sPublic Document Room, the GelmanBuilding, 2120 L Street, NW.,Washington, DC, and accessibleelectronically through the ADAMSPublic Electronic Reading Room link atthe NRC Web site (http://www.nrc.gov).If a request for a hearing or petition forleave to intervene is filed by the abovedate, the Commission or an AtomicSafety and Licensing Board, designatedby the Commission or by the Chairmanof the Atomic Safety and LicensingBoard Panel, will rule on the requestand/or petition; and the Secretary or thedesignated Atomic Safety and LicensingBoard will issue a notice of hearing oran appropriate order.

As required by 10 CFR 2.714, apetition for leave to intervene shall setforth with particularity the interest ofthe petitioner in the proceeding, andhow that interest may be affected by theresults of the proceeding. The petitionshould specifically explain the reasonswhy intervention should be permittedwith particular reference to thefollowing factors: (1) The nature of thepetitioner’s right under the Act to bemade party to the proceeding; (2) thenature and extent of the petitioner’sproperty, financial, or other interest inthe proceeding; and (3) the possibleeffect of any order which may beentered in the proceeding on thepetitioner’s interest. The petition should

also identify the specific aspect(s) of thesubject matter of the proceeding as towhich petitioner wishes to intervene.Any person who has filed a petition forleave to intervene or who has beenadmitted as a party may amend thepetition without requesting leave of theBoard up to 15 days prior to the firstprehearing conference scheduled in theproceeding, but such an amendedpetition must satisfy the specificityrequirements described above.

Not later than 15 days prior to the firstprehearing conference scheduled in theproceeding, a petitioner shall file asupplement to the petition to intervenewhich must include a list of thecontentions which are sought to belitigated in the matter. Each contentionmust consist of a specific statement ofthe issue of law or fact to be raised orcontroverted. In addition, the petitionershall provide a brief explanation of thebases of the contention and a concisestatement of the alleged facts or expertopinion which support the contentionand on which the petitioner intends torely in proving the contention at thehearing. The petitioner must alsoprovide references to those specificsources and documents of which thepetitioner is aware and on which thepetitioner intends to rely to establishthose facts or expert opinion. Petitionermust provide sufficient information toshow that a genuine dispute exists withthe applicant on a material issue of lawor fact. Contentions shall be limited tomatters within the scope of theamendment under consideration. Thecontention must be one which, ifproven, would entitle the petitioner torelief. A petitioner who fails to file sucha supplement which satisfies theserequirements with respect to at least onecontention will not be permitted toparticipate as a party.

Those permitted to intervene becomeparties to the proceeding, subject to anylimitations in the order granting leave tointervene, and have the opportunity toparticipate fully in the conduct of thehearing, including the opportunity topresent evidence and cross-examinewitnesses.

If a hearing is requested, theCommission will make a finaldetermination on the issue of nosignificant hazards consideration. Thefinal determination will serve to decidewhen the hearing is held.

If the final determination is that theamendment request involves nosignificant hazards consideration, theCommission may issue the amendmentand make it immediately effective,notwithstanding the request for ahearing. Any hearing held would takeplace after issuance of the amendment.

If the final determination is that theamendment request involves asignificant hazards consideration, anyhearing held would take place beforethe issuance of any amendment.

A request for a hearing or a petitionfor leave to intervene must be filed withthe Secretary of the Commission, U.S.Nuclear Regulatory Commission,Washington, DC 20555–0001, Attention:Rulemakings and Adjudications Staff, ormay be delivered to the Commission’sPublic Document Room, the GelmanBuilding, 2120 L Street, NW.,Washington, DC, by the above date. Acopy of the petition should also be sentto the Office of the General Counsel,U.S. Nuclear Regulatory Commission,Washington, DC 20555–0001, and to Ms.Lisa F. Vaughn , Legal Department(PB05E), Duke Energy Corporation, 422South Church Street, Charlotte, NorthCarolina 28201–1006, attorney for thelicensee.

Nontimely filings of petitions forleave to intervene, amended petitions,supplemental petitions and/or requestsfor hearing will not be entertainedabsent a determination by theCommission, the presiding officer or thepresiding Atomic Safety and LicensingBoard that the petition and/or requestshould be granted based upon abalancing of the factors specified in 10CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to thisaction, see the application foramendment dated May 25, 2000, assupplemented by letters dated July 31,August 8, and August 17, 2000, whichis available for public inspection at theCommission’s Public Document Room,the Gelman Building, 2120 L Street,NW., Washington, DC, and accessibleelectronically through the ADAMSPublic Electronic Reading Room link atthe NRC Web site (http://www.nrc.gov).

Dated at Rockville, Maryland, this 21st dayof August 2000.For the Nuclear Regulatory Commission.Chandu P. Patel,Project Manager, Section 1, ProjectDirectorate II, Division of Licensing ProjectManagement.[FR Doc. 00–21759 Filed 8–24–00; 8:45 am]BILLING CODE 7590–01–P

SECURITIES AND EXCHANGECOMMISSION

Proposed Collection; CommentRequest

Upon Written Request, Copies AvailableFrom: Securities and ExchangeCommission, Office of Filings andInformation Services, Washington, DC20549.



Extension: Rule 17Ad–11; SEC File No. 270–261; OMB Control No. 3235–0274.

Notice is hereby given that pursuantto the Paperwork Reduction Act of 1995(44 U.S.C. 3501 et seq.), the Securitiesand Exchange Commission(‘‘Commission’’) is soliciting commentson the collection of informationsummarized below. The Commissionplans to submit this existing collectionof information to the Office ofManagement and Budget for extensionand approval.

• Rule 17Ad–11 Reports RegardingAged Record Differences, Buy-ins, andFailure to Post Certificate Detail toMaster Securityholder Files

Rule 17Ad–11 requires approximately150 transfer agents to report to issuersand the appropriate regulatory agency inthe event that aged record differencesexceed certain dollar value thresholds.An aged record difference occurs whenan issuer’s records do not agree withthose of security owners as indicated,for instance, on certificates presented tothe transfer agent for purchase,redemption or transfer. In addition, therule requires transfer agents to report tothe appropriate regulatory agency in theevent of a failure to post certificatedetail to the master securityholder filewithin 5 business days of the timerequired by rule 17Ad–10. Also, transferagents must maintain a copy of eachreport prepared under Rule 17Ad–11 fora period of three years following thedate of the report. These recordkeepingrequirements assist the Commission andother regulatory agencies withmonitoring transfer agents and ensuringcompliance with the rule.

Because the information required byRule 17Ad–11 is already available totransfer agents, any collection burdenfor small transfer agents is minimal. Thestaff estimates that the average numberof hours necessary to comply with Rule17Ad–11 is one hour annually. The totalburden is 150 hours annually fortransfer agents, based upon pastsubmissions.

Written comments are invited on: (a)Whether the proposed collection ofinformation is necessary for the properperformance of the functions of theagency, including whether theinformation shall have practical utility;(b) the accuracy of the agency’sestimates of the burden of the proposedcollection of information; (c) ways toenhance the quality, utility, and clarityof the information to be collected; and(d) ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orother forms of information technology.

Consideration will be given tocomments and suggestions submitted inwriting within 60 days of thispublication.

Please direct your written commentsto Michael E. Bartell, AssociateExecutive Director, Office ofInformation Technology, Securities andExchange Commission, 450 5th Street,N.W., Washington, DC 20549.

Dated: August 21, 2000.Margaret H. McFarland,Deputy Secretary.[FR Doc. 00–21742 Filed 8–24–00; 8:45 am]BILLING CODE 8010–01–M


[Rel. No. IC–24601; 812–12074]

First American Insurance portfolios,Inc., et al.

August 18, 2000.

AGENCY: Securities and ExchangeCommission (‘‘SEC’’ or ‘‘Commission’’).

ACTION: Notice of Application for anorder pursuant to section 6(c) of theInvestment Company Act of 1940(‘‘1940 Act’’) granting exemptive relieffrom sections 9(a), 13(a), 15(a) and 15(b)of the 1940 Act and Rules 6e–2(b)(15)and 6e–3(T)(b)(15) thereunder.

Summary of Application: Applicantsseek an order to permit shares of anycurrent or future series of FirstAmerican Insurance Portfolios, Inc. (the‘‘Company’’) and shares of any futurefund that is designed to fund variableinsurance products and for which U.S.Bank National Association (‘‘U.S.Bank’’) or any person controlling,controlled by or under common controlwith U.S. Bank may serve as investmentadviser, investment subadviser,administrator, manager, principalunderwriter or sponsor (a ‘‘FutureCompany’’) to be offered and sold to andheld by: (1) Separate accounts fundingvariable annuity and variable lifeinsurance contracts (‘‘VariableContracts’’) issued by both affiliated andunaffiliated life insurance companies;(2) qualified pension and retirementplans outside of the separate accountcontext (‘‘Qualified Plans’’); and (3) theCompany’s or Future Company’sinvestment adviser or a person relatedto such investment adviser (representingseed money investments in theCompany or Future company).(Hereinafter, the term ‘‘Company’’ refersto the Company and/or any Futurecompany, as applicable.)

Applicants: First American InsurancePortfolios, Inc.; U.S. Bank NationalAssociation.

Filing Date: The application was filedon April 25, 2000, and amended andrestated on July 11, 2000.

Hearing or Notification of Hearing: Anorder granting the application will beissued unless the Commission orders ahearing. Interested persons may requesta hearing by writing to the SEC’sSecretary and serving applicants with acopy of the request, personally or bymail. Hearing requests should bereceived by the SEC by 5:30 p.m. onSeptember 12, 2000, and should beaccompanied by proof of service onapplicants in the form of an affidavit or,for lawyers, a certificate of service.Hearing requests should state the natureof the writer’s interest, the reason for therequest, and the issues contested.Persons who wish to be notified of ahearing may request notification bywriting to the SEC’s Secretary.ADDRESSES: Secretary, SEC, 450 FifthStreet, N.W., Washington, D.C. 20549–0609. Applicants, c/o James D. Alt, Esq.,Dorsey & Whitney LLP, 220 South SixthStreet, Minneapolis, Minnesota 55402.FOR FURTHER INFORMATION CONTACT: JaneG. Heinrichs, Senior Counsel, at (202)942–0699, or Keith E. Carpenter, BranchChief, at (202) 942–0679, Office ofInsurance Products, Division ofInvestment Management.SUPPLEMENTARY INFORMATION: Thefollowing is a summary of theapplication. The complete application isavailable for a fee from the SEC’s PublicReference Branch, 450 Fifth Street,N.W., Washington, D.C. 20549–0102(tel. (202) 942–8090).

Applicants’ Representations

1. The Company is a corporationorganized under the laws of Minnesotaon August 27, 1999. The Company isregistered under the 1940 Act as anopen-end, management investmentcompany. The Company initially offersshares in three separate series, each ofwhich has its own investment objectiveand policies (such series, together withany future series of the Company or aFuture Company, the ‘‘Funds’’).

2. U.S. Bank, acting through its FirstAmerican Asset Management group,serves as the investment adviser to eachFund. U.S. Bank is a national bankingassociation headquartered inMinneapolis, Minnesota, and is awholly-owned subsidiary of U.S.Bancorp, a publicly held bank holdingcompany registered under the BankHolding Company Act of 1956. The FirstAmerican Asset Management groupwithin U.S. Bank provides investment



management services to several open-end and closed-end managementinvestment companies in addition to theFunds and to private accounts such aspension funds, charitable foundation,and trusts.

3. The Company intends to offer itsshares to insurance companies as theinvestment vehicle for their separateaccounts that fund variable annuitycontracts. Applicants propose thatshares of each Fund also be offered toaffiliated and unaffiliated insurancecompanies for their separate accounts asthe investment vehicle to fund eithervariable annuity or variable lifeinsurance contracts. Separate accountsowning shares of the Funds and theirinsurance company depositors arereferred to herein as ‘‘ParticipatingSeparate Accounts’’ and ‘‘ParticipatingInsurance Companies,’’ respectively.

4. The Participating InsuranceCompanies will establish their ownParticipating Separate Accounts anddesign their own Variable Contracts.Each Variable Contract is likely to havecertain unique features and to differfrom other Variable Contracts supportedby the Funds with respect to insuranceguarantees, premium structure, charges,options, distribution method, marketingtechniques, sales literature and otheraspects. Each Participating InsuranceCompany will enter into a participationagreement with the Company on behalfof its Participating Separate Account,and will have the legal obligation ofsatisfying all applicable requirementsunder state and federal law. The role ofthe Company under this agreement, asfar as the federal securities laws areapplicable, will be limited to that ofoffering its shares to separate accountsof various insurance companies andcomplying with any conditions theCommission may impose upon grantingthe order requested herein.

5. Applicants state that shares of eachFund also may be offered directly toQualified Plans outside of the separateaccount context. The Qualified Planswill be pension or retirement plansintended to qualify under sections401(a) and 501(a) of the InternalRevenue Code of 1985, as amended(‘‘Code’’). Many of the Qualified Planswill include a cash or deferredarrangement (permitting salaryreduction contributions) intended toqualify under section 401(k) of theCode. The Qualified Plans also will besubject to, and will be designed tocomply with, the provisions of theEmployee Retirement Income SecurityAct of 1974 (‘‘ERISA’’). Applicantsassert that the Qualified Plans thereforewill be subject to the regulatoryrequirements under the Code and ERISA

including, for example, reporting anddisclosure, participation and vesting,funding, fiduciary responsibility, andenforcement provisions.

6. Qualified Plans may choose one ormore Funds as their sole investments oras one or more of several otherinvestments. Fund shares sold to theQualified Plans would be held by thetrustees of such Plans as required bysection 403(a) of ERISA. The trustees orother fiduciaries of the Qualified Plansmay vote Fund shares held by theQualified Plans in their own discretionor, if the applicable Qualified Plan soprovides, vote such shares inaccordance with instructions fromparticipants in such Plans.

7. Fund shares also may be offeredand sold to a Fund’s investment adviseror an affiliate thereof, pursuant toTreasury Regulation 1.817–5(f)(3)(ii).Applicants state that this regulationpermits such sales as long as the returnon shares held by the adviser or such anaffiliate is computed in the samemanner as for shares held by a separateaccount; the adviser or such affiliatedoes not intend to sell shares of theFund held by it to the public; and theadviser or such affiliate holds suchshares only in connection with thecreation or management of the Fund.The Applicants anticipate that sales tothe adviser or such as affiliate inreliance on this regulation generally willbe made for the purpose of providingthe seed capital to the Companyrequired by section 14(a) of the 1940Act.

Applicants’ Legal Analysis1. Applicants request that the

Commission issue an order pursuant tosection 6(c) of the 1940 Act exemptingscheduled and flexible premiumvariable life insurance separate accounts(and, to the extent necessary, anyinvestment adviser, sub-adviser,principal underwriter and depositor ofsuch an account) from sections 9(a),15(a) and 15(b) of the 1940 Act, andRules 6e–3(T)(b)(15) thereunder, to theextent necessary to permit shares of theFunds to be offered and sold to variableannuity and variable life insuranceseparate accounts, to Qualified Plans,and to the Company’s investmentadviser or a person related to suchinvestment adviser (representing seedmoney investments required by the1940 Act).

2. Section 6(c) authorizes theCommission to exempt any person,security or transaction, or any class orclasses of persons, securities, ortransactions, from the provisions of the1940 Act, or the rules thereunder, if andto the extent that such exemption is

necessary or appropriate in the publicinterest and consistent with theprotection of investors and the purposesfairly intended by the policy andprovisions of the 1940 Act.

3. In connection with the funding ofscheduled premium variable lifeinsurance contracts issued through aseparate account registered under the1940 Act as a unit investment trust,Rule 6e–2(b)(15) provides partialexemptions from sections 9(a), 13(a),15(a) and 15(b) of the 1940 Act. Theexemptions granted to a separateaccount by Rule 5e–2(b)(15) areavailable only where all of the assets ofthe separate account consist of theshares of one or more registeredmanagement investment companieswhich offer their shares exclusively tovariable life insurance separate accountsof the life insurer or any affiliated lifeinsurance company. Therefore, the reliefgranted by Rule 6e–2(b)(15) is notavailable with respect to a scheduledpremium variable life insuranceseparate account that owns shares of aninvestment company that also offers itsshares to a variable annuity or flexiblepremium variable life insuranceseparate account of the same companyor of an affiliated insurance company.The use of a common managementinvestment company as the underlyinginvestment medium for both variableannuity and variable life insuranceseparate accounts of a single insurancecompany (or of two or more affiliatedinsurance companies) is referred to as‘‘mixed funding.’’

4. The relief granted by Rule 6e–2(b)(15) also is not available withrespect to a scheduled premium variablelife insurance separate account thatowns shares of an underlyinginvestment company that also offers itsshares to separate accounts fundingvariable contracts of one or moreunaffiliated life insurance companies.The use of a common investmentcompany as the underlying investmentfor variable annuity and/or variable lifeinsurance separate accounts ofunaffiliated insurance companies isreferred to as ‘‘shared funding.’’Moreover, the relief under Rule 6e–2(b)(15) is not available if the scheduledpremium variable life insurance accountowns shares of an underlyinginvestment company that also offers itsshares to Qualified Plans. The use of acommon investment company as theunderlying investment medium forvariable annuity and variable lifeinsurance separate accounts of affiliatedand unaffiliated insurance companiesand Qualified Plans is referred to as‘‘extended mixed and shared funding.’’



5. In connection with the funding offlexible premium variable life insurancecontracts issued through a separateaccount registered under the 1940 Actas a unit investment trust, Rule 6e–3(T)(b)(15) provides partial exemptionsfrom section 9(a), 13(a), 15(a) and 15(b)of the 1940 Act. These exemptions areavailable only where all of the assets ofthe separate account consist of theshares of one or more registeredmanagement investment companieswhich offer their shares exclusively toseparate accounts of the life insurer, orof any affiliated life insurance company,offering either scheduled or flexiblepremium variable life insurancecontracts, or both; or which also offertheir shares to variable annuity separateaccounts of the life insurer or of anaffiliated life insurance company. Thus,Rule 6e–3(T)(b)(15) permits mixedfunding, but precludes shared fundingor selling shares to Qualified Plans. Inaddition, neither Rule 6e–2(b)(15) norRule 6e–3(T)(b)(15) contemplates ‘‘seedcapital’’ being provided by theinvestment adviser of a funding vehiclewhich is not sponsored or advised by aninsurance company offering VariableContracts.

6. Applicants state that current taxlaw permits the Funds to increase theirasset bases through the sale of shares toQualified Plans. Section 817(h) of theCode imposes certain diversificationstandards on the underlying assets ofthe separate accounts funding theVariable Contracts. The Code providesthat the Variable Contracts will not betreated as annuity contracts or lifeinsurance contracts for any period inwhich the underlying assets are notadequately diversified in accordancewith regulations issued by the TreasuryDepartment. The regulations generallyprovide that to meet the diversificationrequirements, all of the beneficialinterests in the underlying investmentcompany must be held by the segregatedasset accounts of one or more insurancecompanies. The regulations do contain,however, certain exceptions to thisrequirement, one of which permitsshares of an investment company to beheld by trustees of a Qualified Planwithout adversely affecting the ability ofshares in the same investment companyalso to be held by the separate accountsof insurance companies in connectionwith their Variable Contracts. Treas.Reg. 1.817–5(f)(3)(iii). As a result,applicants assert that Qualified Plansmay select the Funds as investmentoptions without endangering the taxstatus of Variable Contracts issuedthrough Participating InsuranceCompanies. Similarly, the regulations

provide for ‘‘seed capital’’ investmentsby a funding vehicle’s manager or by aperson related to such manager withoutendangering the tax status of suchVariable Contracts. Treas. Reg. 1.817–5(f)(3)(ii).

7. Applicants state that thepromulgation of Rules 6e–2(b)(15) and6e–3(T)(b)(15) preceded the issuance ofthe Treasury regulations permittingextended mixed and shared funding.Applicants assert that the sale of sharesof the same underlying investmentcompany to both separate accounts andQualified Plans therefore was notcontemplated at the time theCommission adopted these Rules.

8. Section 9(a)(3) of the 1940 Actprovides that it is unlawful for anycompany to serve as an investmentadviser to, or principal underwriter for,any registered open-end investmentcompany if an affiliated person of thatcompany is subject to a disqualificationenumerated in sections 9(a)(1) or 9(a)(2).Rules 6e–2(b)(15) (i) and (ii) and 6e–3(T)(b)(15) (i) and (ii) provide partialexemptions from section 9(a) undercertain circumstances. Theseexemptions limit the application of theeligibility restrictions to affiliatedindividuals or companies that directlyparticipate in the management oradministration of the underlyinginvestment company.

9. Applicants state that the partialrelief from section 9(a) found in Rules6e–2(b)(15) and 6e–3(T)(b)(15) in effectlimits the amount of monitoringnecessary to ensure compliance withsection 9 to that which is appropriate inlight of the policy and purposes of thatsection. Applicants state that theexemptions recognize that applying thepr9ovisions of section 9(a) to the manyindividuals who may be involved in alarge insurance company complex, mostof whom typically will have noinvolvement in matters pertaining toinvestment companies funding theParticipating Separate Accounts, is notnecessary or appropriate in the publicinterest nor is it necessary for theprotection of investors or the purposesfairly intended by the policy andprovisions of the 1940 Act. Applicantssubmit that the fact that ParticipatingInsurance Companies may engage inmixed and shared funding does not alterthis conclusion. Applicants further statethat the sale of shares of an underlyingfund to Qualified Plans does not changethe fact that applying the prohibitions ofsection 9(a) to individuals who have noinvolvement in the underlying funddoes not advance the purposes of the1940 Act.

10. Subparagraph (b)(15)(iii) of Rules6e–2 and 6e–3(T) under the 1940 Act

provide partial exemptions fromsections 13(a), 15(a), and 15(b) of the1940 Act to the extent that thosesections are deemed to require ‘‘pass-through’’ voting with respect to theshares of an underlying fund, byallowing an insurance company todisregard the voting instructions ofcontract owners with respect to severalsignificant matters, assuming thelimitations on mixed and sharedfunding are observed. Rules 6e–2(b)(15)(iii)(A) and 6e–3(T)(b)(15)(iii)(A)provide that a Participating InsuranceCompany may disregard the votinginstructions of its contract owners ifsuch instructions would require anunderlying fund’s shares to be voted tocause such underlying fund to make (orto refrain from making) certaininvestments which would result inchanges in the sub classification orinvestment objectives of suchunderlying fund or to approve ordisapprove any contract between suchunderlying fund and an investmentadviser when required to do so by aninsurance regulatory authority (subjectto the provisions of paragraphs (b)(5)(i)and (b)(7)(ii)(A) of the Rules). Rules 6e–2(b)(15)(iii)(B) and 6e–3(T)(b)(15)(iii)(A)(2) provide that aParticipating Insurance Company maydisregard contract owners’ votinginstructions if the contract ownersinitiate any change in the underlyingfund’s investment objectives, principalunderwriter or any investment adviser(provided that disregarding such votinginstructions is reasonable and subject tothe other provisions of paragraph(b)(5)(ii) and (b)(7)(ii)(B) and (C) of theRules).

11. Applicants assert that Rules 6e–2(b)(15) and 6e–3(T)(b)(15) recognizethat a Variable Contract is primarily aninsurance contract, and as such issubject to extensive state insuranceregulation. In adopting Rule 6e–2(b)(15)(iii), the Commission recognizedthat state insurance regulators haveauthority, pursuant to state insurancelaws or regulations, to disapprove orrequire changes in the underlying fund’sinvestment policies, investmentadvisers, or principal underwriters. TheCommission also expressly recognizedthat state insurance regulators haveauthority to require an insurancecompany to draw from its generalaccount to cover costs imposed on it bya change approved by contract ownersover the insurance company’s objection.The Commission, therefore, consideredthe exemptions provided by Rules 6e–2(b)(15)(iii) and 6e–3(T)(b)(15)(iii)necessary ‘‘to assure the solvency of thelife insurer and performance of its



contractual obligations by enabling aninsurance regulatory authority or lifeinsurer to act when certain proposalsreasonably could be expected toincrease the risks undertaken by the lifeinsurer.’’ Applicants assert that Rule 6e–3(T)’s corresponding provisions forflexible premium VLI Contractspresumably were adopted in recognitionof the same factors. Applicants submitthat these considerations are not lessimportant or necessary when aninsurance company funds its separateaccounts in connection with mixed andshared funding, and that such fundingdoes not compromise the goals of theinsurance regulatory authorities or ofthe Commission.

12. Applicants assert that the sale ofshares of an underlying fund to aQualified Plan presents no potential forirreconcilable conflicts of interestamong the Qualified Plan participantsand Variable Contract holders alsoowning shares of the underlying fund.Under section 403(a) of ERISA, shares ofan underlying fund sold to a QualifiedPlan must be held by the trustee(s) ofthe Qualified Plan, and such trustee(s)must have exclusive authority anddiscretion to manage and control theQualified Plan with two exceptions: (a)When the Qualified Plan expresslyprovides that the trustee(s) are subject tothe direction of a named fiduciary whois not a trustee, in which case thetrustee(s) are subject to properdirections made in accordance with theterms of the Qualified Plan and notcontrary to ERISA, and (b) when theauthority to manage, acquire, or disposeof assets of the Qualified Plan isdelegated to one or more investmentmanagers pursuant to section 402(c)(3)of ERISA. Unless one of the above twoexceptions applies, the exclusiveauthority and responsibility for votingshares of an underlying fund is vestedin the plan trustees. Where a namedfiduciary to a Qualified Plan appointsan investment managers, the investmentmanager has the responsibility to votethe shares held unless the right to votesuch shares is reserved to the plantrustees or the named fiduciary. Wherea Qualified Plan does not provideparticipants with the right to give votinginstructions, the applicants submit thatthere is no potential for materialirreconcilable conflicts of interestbetween or among holders of VariableContracts and participants in QualifiedPlans with respect to voting of anunderlying fund’s shares.

13. Applicants assert that even wherea Qualified Plan provides participantswith the right to give votinginstructions, there is no reason tobelieve that participants in Qualified

Plans generally or those in a particularQualified Plan, either as a single groupor in combination with participants inother Qualified Plans, would vote in amanner that would disadvantageholders of Variable Contracts. Therefore,applicants assert that the purchase ofshares of the Company by QualifiedPlans that provide voting rights toparticipants does not present anycomplications not otherwise occasionedby mixed or shared funding.

14. Applicants assert that thepresence of both VLI Accounts and VAAccounts as shareholders of anunderlying fund will not lead to agreater probability of materialirreconcilable conflicts than if theunderlying fund did not engage inmixed funding. They submit that eachtype of insurance product is designed asa long-term investment program, andthat there is no reason to believe thatdifferent features of various types ofcontracts, including the ‘‘minimumdeath benefit’’ guarantee under certainVLI Contracts, will lead to differentinvestment policies for different types ofVariable Contracts. In addition,applicants submit that if an underlyingfund engages in mixed funding, there isno reason why the underlying fundwould be managed to favor one class ofinvestors over another. Regardless of thetype of shareholder in the Company, theinvestment manager is obligated tomanage a Fund solely and exclusivelyin accordance with that Fund’sinvestment objectives, policies, andrestrictions as well as any guidelinesestablished by the Board of Directorsresponsible for such Fund. Thus, theFunds will be managed in the samemanner as any other fund and there isno incentive for any Fund’s investmentmanager to invest to benefit a particularclass of shareholders.

15. Applicants also assert that sharedfunding does not present any issues thatdo not already exist where anunderlying fund sells its shares to asingle insurance company which islicensed to do business in several or allstates. Where insurers offer theircontracts in different states, the stateinsurance regulatory body in one statein which the contracts are offered couldrequire the insurer to take action that isinconsistent with the requirements ofinsurance regulators of other states inwhich the contracts also are offered.Applicants assert that the fact thatunaffiliated insurers may be domiciledin different states does not create asignificantly different or enlargedproblem. Shared funding by unaffiliatedinsurers is, in this respect, no differentfrom the use of the same investmentcompany as the funding vehicle for

affiliated insurers, a situation to whichRules 6e–2(b)(15) and 6e–3(T)(b)(15)provide relief under variouscircumstances. In any event, applicantscontend that the proposed conditions tothe order are designed to safeguardagainst and provide procedures forresolving any adverse effects thatdifferences among state regulatoryrequirements may produce.

16. Applicants assert that the right ofan insurance company in certaincircumstances to disregard contractowners’ voting instructions regardingshares of an underlying fund thatengages in shared funding raises nodifferent issues from those raised by theauthority of state insuranceadministrators over ParticipatingSeparate Accounts. Under Rules 6e–2(b)(15) and 6e–3(T)(b)(15), an insurercan disregard contract owner votinginstructions only with respect to certainspecified items and under certainspecified conditions. Requiring thatonly affiliated insurance companiesinvest in the funds does not eliminatethe potential for divergent judgments asto the advisability or legality of a changein investment policies, principalunderwriter, or investment adviserinitiated by contract owners. Moreover,the potential for disagreement is limitedby the requirements in Rules 6e–2 and6e–3(T) that an insurance company’sdisregard of voting instructions bereasonable and based on specific goodfaith determinations. However,applicants state that a particularParticipating Insurance Company’sdisregard of voting instructionsnevertheless could conflict with themajority of contract owner votinginstructions. The ParticipatingInsurance Company’s action arguablycould be different from thedetermination of all or some of the otherParticipating Insurance Companies(including affiliated insurers) that thecontract owners’ voting instructionsshould prevail, and could eitherpreclude a majority vote approving thechange or could represent a minorityview. Under the proposed conditions, ifthe insurer’s judgment represents aminority position or would preclude amajority vote, the insurer may berequired, at the election of the relevantFund, to withdraw its ParticipatingSeparate Account’s investment in suchFund, and no charge or penalty wouldbe imposed as a result of suchwithdrawal.

17. Applicants assert that the sale ofthe shares of the Company to QualifiedPlans will not increase the potential formaterial irreconcilable conflicts ofinterest between or among differenttypes of investors. Section 817(h) of the



Code imposes certain diversificationstandards on the underlying assets ofVA Contracts and VLI Contracts held inthe portfolios of managementinvestment companies. TreasuryRegulation 1.817–5(f)(3)(iii), whichestablished diversification requirementsfor such portfolios, specifically permits,among other things, ‘‘qualified pensionor retirement plans’’ and separateaccounts to invest in the sameunderlying fund without jeopardizingthe tax status of VLI and VA Accounts.Therefore, applicants argue, neither theCode, the Treasury Regulations, norRevenue Rulings thereunder present anyinherent conflicts of interest if QualifiedPlans, VA Accounts, and VLI Accountsall invest in the same underlying fund.

18. Applicants contend that, whilethere are differences in the manner inwhich distributions are taxed for VAContracts, VLI Contracts, and QualifiedPlans, the differing tax consequences donot raise any conflicts of interest. Whendistributions are to be made and theParticipating Separate Account or theQualified Plan cannot net purchasepayments to make the distributions, theParticipating Separate Account or theQualified Plan will redeem shares of theFunds at their net asset value. TheQualified Plan then will makedistributions in accordance with theterms of the Qualified Plan and theParticipating Insurance Company willmake distributions in accordance withthe terms of the Variable Contract.Therefore, applicants contend,distributions and dividends will bedeclared and paid by the Funds withoutregard to the character of theshareholder.

19. Applicants contend that theCompany’s ability to sell its sharesdirectly to Qualified Plans does notcreate a ‘‘senior security’’ as definedunder section 18(g) of the 1940 Act,with respect to any contract owner asopposed to a participant under aQualified Plan. Regardless of the rightsand benefits of participants underQualified Plans or Variable Contractowners, the Qualified Plans andParticipating Separate Accounts haverights only with respect to theirrespective shares of the Funds. They canonly redeem such shares at their netasset value. No shareholder of the Fundswill have any preference over any othershareholder with respect to thedistribution of assets or payment ofdividends.

20. With respect to voting rights,applicants assert that it is possible toprovide an equitable means of givingsuch voting rights to Variable Contractowners and to the trustees of QualifiedPlans. The transfer agent for the Funds

will inform each Participating InsuranceCompany of its share ownership in eachParticipating Separate Account, as wellas inform the trustees of Qualified Plansof their holdings. Each ParticipatingInsurance Company then will solicitvoting instructions in accordance withRules 6e–2 and 6e–3(T), as applicable,and its participation agreement with therelevant Funds. Shares held byQualified Plans will be voted inaccordance with applicable law. Thevoting rights provided to QualifiedPlans with respect to shares of theFunds will be no different from thevoting rights that are provided toQualified Plans with respect to shares offunds sold to the general public.

21. Applicants assert that the vetopower of state insurance commissionersover an underlying fund’s investmentobjectives does not create any inherentconflicts of interest between the contractowners of the Participating SeparateAccounts and Qualified Planparticipants. Applicants note that thebasic premise of corporate democracyand shareholder voting is that not allshareholders may agree with aparticular proposal. Although theinterests and opinions of shareholdersmay differ, this does not mean thatinherent conflicts of interest existbetween or among such shareholders.State insurance commissioners havebeen given the veto power inrecognition of the fact that insurancecompanies usually cannot simplyredeem their separate accounts out ofone fund and invest in another.Generally, time-consuming, complextransactions must be undertaken toaccomplish such redemptions andtransfers. In contrast, the trustees ofQualified Plans or the participants inparticipant-directed Qualified Plans canquickly decide to redeem their interestin the Trust and reinvest in anotherfunding vehicle without the sameregulatory impediments faced byseparate accounts or, as is the case withmost Qualified Plans, even hold cashpending suitable investment. Thus,applicants state, even if issues arisewhere the interest of contract ownersand the interests of Qualified Plans arein conflict, the issues can be almostimmediately resolved since the trusteesof (or participants in) the QualifiedPlans can, on their own, redeem theirshares from the Funds.

22. Applicants also assert that theinvestment of seed capital in theCompany presents no potential forirreconcilable conflicts of interest. Seedcapital for the Company will beprovided by the Company’s investmentadviser or a person related to suchinvestment adviser (as permitted by

Treas. Reg. 1.817–5(f)(3)(ii)) or by theparticipating insurance companies.Applicants note that Rule 14a–2(b)provides an exemption from the seedcapital requirement for investmentcompanies that are sponsored by aninsurance company. Because U.S. Bankis not an insurance company, theexemption is not available to theCompany, to the extent it might bedeemed the sole promoter of theCompany.

23. Applicants contend thatpermitting the Company to engage inmixed, shared, and extended mixed andshared funding subject to the proposedconditions will benefit the Company’sshareholders. First, they state,permitting mixed, shared, and extendedmixed and shared funding will providea greater variety of investment optionswith lower costs to ParticipatingInsurance Companies and VariableContract owners. They note that variousfactors, including the costs of organizingand operating a funding medium, thelack of expertise with respect toinvestment management (principallywith respect to stock and money marketinvestments), and the lack of namerecognition by the public of certaininsurers as investment experts to whomthe public feels comfortable entrustingtheir investment dollars, have limitedthe number of insurance companies thatoffer VA Contracts and VLI Contracts.Applicants assert that use of the Fundsas common investment vehicles forVariable Contracts could reduce oralleviate these concerns. In addition,Participating Insurance Companies willbenefit from the cost efficiencies andinvestment flexibility afforded by alarger pool of funds. Therefore, makingthe Funds available for mixed andshared funding may encourage moreinsurance companies to offer VariableContract design and pricing, which canbe expected to result in greater productvariation and lower charges. Applicantscontend that the sale of shares of theFunds to Qualified Plans in addition toParticipating Separate Accounts alsocould result in an increased amount ofassets available for investment by theFunds, again promoting economies ofscale and greater diversification.

Applicants’ ConditionsApplicants have consented to the

following conditions:1. A majority of the Board of Directors

of the Company (‘‘Board’’) will consistof persons who are not ‘‘interestedpersons’’ of the Company, as defined bysection 2(a)(19) of the 1940 Act and therules thereunder and as modified by anyapplicable orders of the Commission,except that if this condition is not met



by reason of the death, disqualification,or bona fide resignation of any Directoror Directors, then the operation of thiscondition shall be suspended: (a) For aperiod of 45 days, if the vacancy orvacancies may be filled by the Board; (b)for a period of 60 days, if a vote ofshareholders is required to fill thevacancy or vacancies; or (c) for suchlonger period as the Commission mayprescribe by order upon application.

2. The Board will monitor the Fundsfor the existence of any materialirreconcilable conflict between theinterests of the contract owners of allParticipating Separate Accounts and ofthe participants in Qualified Plansinvesting in the Funds and determinewhat action, if any, should be taken inresponse to such conflicts. A materialirreconcilable conflict may arise for avariety of reasons, including: (a) Anaction by any state insurance regulatoryauthority; (b) a change in applicablefederal or state insurance, tax, orsecurities laws or regulations, or apublic ruling, private letter ruling, no-action or interpretive letter, or anysimilar action by insurance, tax, orsecurities regulatory authorities; (c) anadministrative or judicial decision inany relevant proceeding; (d) the mannerin which the investments of the Fundsare being managed; (e) a difference invoting instructions given by variableannuity contract owners and variablelife insurance contract owners andtrustees of the Qualified Plans; (f) adecision by a Participating InsuranceCompany to disregard the votinginstructions of contract owners; or (g) ifapplicable, a decision by a QualifiedPlan to disregard the voting instructionsof its participants.

3. Participating Insurance Companies,U.S. Bank, or any other investmentadviser of the Funds, and any QualifiedPlans that execute a fund participationagreement upon becoming an owner of10% or more of a Fund’s assets(‘‘Participants’’) will report anypotential or existing conflicts to theBoard. Participants will be responsiblefor assisting the Board in carrying out itsresponsibilities under these conditionsby providing the Board with allinformation reasonably necessary for theBoard to consider any issues raised.This responsibility includes, but is notlimited to, an obligation of eachParticipating Insurance Company toinform the Board whenever it hasdetermined to disregard contract ownervoting instructions and, when pass-through voting is applicable, anobligation of each Qualified Plan toinform the Board whenever it hasdetermined to disregard votinginstructions from Qualified Plan

participants. The responsibilities toreport such information and conflictsand to assist the Board will becontractual obligations of allParticipating Insurance Companies andQualified Plans under their agreementsgoverning participation in the Funds,and such agreements shall provide, inthe case of Participating InsuranceCompanies, that these responsibilitieswill be carried out with a view only tothe interests of contract owners, and inthe case of Qualified Plans, that theseresponsibilities will be carried out witha view only to the interests of QualifiedPlan participants.

4. If it is determined by a majority ofthe Board, or by a majority of itsdisinterested Directors, that a materialirreconcilable conflict exists, therelevant Participating InsuranceCompanies and Qualified Plans will, attheir expense and to the extentreasonably practicable (as determinedby a majority of the disinterestedDirectors), take whatever steps arenecessary to remedy or eliminate thematerial irreconcilable conflict, whichsteps could include: (a) Withdrawingthe assets allocable to some or all of theParticipating Separate Accounts fromthe applicable Fund or Funds andreinvesting such assets in a differentinvestment medium, which may includeanother Fund, or submitting thequestion of whether such reinvestmentshould be implemented to a vote of allaffected contract owners and, asappropriate, segregating the assets ofany appropriate group (i.e., variableannuity contract owners or variable lifeinsurance contract owners of one ormore Participating InsuranceCompanies) that votes in favor of suchsegregation, or offering to the affectedcontract owners the option of makingsuch a change; and (b) establishing anew registered management investmentcompany or managed separate account.If a material irreconcilable conflictarises because of a ParticipatedInsurance Company’s decision todisregard contract owners’ votinginstructions, and that decisionrepresents a minority position or wouldpreclude a majority vote, then thatinsurer may be required, at the Fund’selection, to withdraw its separateaccount’s investment in the Fund, andno change or penalty will be imposed asa result of such withdrawal. If a materialirreconcilable conflict arises because ofa Qualified Plan’s decision to disregardQualified Plan participant votinginstructions, if applicable, and thatdecision represents a minority positionor would preclude a majority vote, theQualified Plan may be required, at the

Fund’s election, to withdraw itsinvestment in the Fund, and no chargeor penalty will be imposed as a resultof such withdrawal. To the extentpermitted by applicable law, theresponsibility of taking remedial actionin the event of a Board determination ofmaterial irreconcilable conflict andbearing the costs of such remedialaction will be a contractual obligation ofall Participating Insurance Companiesand Qualified Plans under theiragreements governing participation inthe Funds and these responsibilitieswill be carried out with a view only tothe interests of contract owners andQualified Plan participants,respectively.

5. For purposes of Condition 4, amajority of the disinterested Directorswill determine whether or not anyproposed action adequately remediesany material irreconcilable conflict, butin no event will the Company or U.S.Bank be required to establish a newfunding medium for any VariableContract. No Participating InsuranceCompany shall be required by Condition4 to establish a new funding medium forany Variable Contract is an offer to doso has been declined by vote of amajority of contract owners materiallyand adversely affected by the materialirreconcilable conflict. Further, noQualified Plan will be required byCondition 4 to establish a new fundingmedium for the Qualified Plan if: (a) anoffer to do so has been declined by voteof a majority of Qualified Planparticipants materially and adverselyaffected by the material irreconcilableconflict; or (b) pursuant to governingQualified Plan documents andapplicable law, the Qualified Plansmakes such decision without a vote ofits participants.

6. Any Board’s determination of theexistence of a material irreconcilableconflict and its implications will bemade known promptly and in writing toall Participants.

7. Participating Insurance Companieswill provide pass-through votingprivileges to contract owners who investin Participating Separate Accounts solong as the Commission interprets the1940 Act to require pass-through votingfor contract owners. Accordingly, theParticipating Insurance Companies willvote shares of the Funds held in theirParticipating Separate Accounts in amanner consistent with votinginstructions timely received fromcontract owners. Participating InsuranceCompanies will be responsible forassuring that each of the ParticipatingSeparate Accounts calculates votingprivileges in a manner consistent withall other Participating Insurance



Companies. The obligation to calculatevoting privileges in a manner consistentwith all other Participating SeparateAccounts will be a contractualobligation of all Participating InsuranceCompanies under the agreementsgoverning participation in the Funds.Each Participating Insurance Companywill vote shares for which it has notreceived timely voting instructions, aswell as shares attributable to it, in thesame proportion as it votes shares forwhich it has received instructions.

8. Each Qualified Plan will vote asrequired by applicable law andgoverning Qualified Plan documents.

9. All reports of potential or existingconflicts received by a Board, and allBoard action with regard to: (a)determining the existence of a conflict;(b) notifying Participants of a conflict;and (c) determining whether anyproposed action adequately remedies aconflict, will be properly recorded inthe minutes of the Board or otherappropriate records. Such minutes orother records shall be made available tothe Commission upon request.

10. The Company will notify allParticipants that disclosure in separateaccount prospectuses or any QualifiedPlan prospectuses or other QualifiedPlan disclosure documents regardingpotential risk of mixed and sharedfunding may be appropriate. TheCompany will disclose in its prospectusthat: (a) The Funds are intended to befunding vehicles for variable annuityand variable life insurance contractsoffered by various insurance companiesand Qualified Plans; (b) due todifferences of tax treatment and otherconsiderations; the interests of variouscontract owners participating in theFunds and the interests of QualifiedPlans investing in the Funds mayconflict; and (c) the Board will monitorfor the existence of any materialconflicts and determined what action, ifany, should be taken.

11. The Company will comply withall provisions of the 1940 Act requiringvoting by shareholders (which, for thesepurposes, shall be the persons having avoting interest in shares of the Fund),and, in particular, the Company willeither provide for annual meetings(except to the extent that thecommission may interpret section 16 ofthe 1940 Act not to require suchmeetings) or comply with section 16(a)and, if applicable, section 16(b) of the1940 act. Further, the Company will actin accordance with the Commission’sinterpretation of the requirements ofsection 16(a) with respect to periodicelections of directors and with whateverrules the Commission may promulgatewith respect thereto.

12. If and to the extent that Rules 6e–2 and 6e–3(T) are amended (or if Rules6e–3 under the 1940 Act is adopted) toprovide exemptive relief from anyprovision of the 1940 Act, or the rulesthereunder, with respect to mixed orshared funding on terms and conditionsmaterially different from anyexemptions granted in the orderrequested by applicants, then theCompany and/or Participating InsuranceCompanies, as appropriate, shall takesuch steps as may be necessary tocomply with the Rules 6e–2 and 6e–3(T), as amended, or Rules 6e–3, asadopted, to the extent applicable.

13. As long as the Commissioncontinues to interpret the 1940 Act asrequiring pass-through voting privilegesfor variable contract owners, theinvestment adviser or its affiliateholding shares in a Fund will vote suchshares in the same proportion as allcontract owners having voting rightswith respect to the Fund; provided,however, that such investment adviseror affiliate shall vote its shares in suchother manner as may be required by theCommission or its staff.

14. Any shares of a Fund purchasedby the investment adviser or its affiliatewill be automatically redeemed if andwhen the adviser’s investment advisoryagreement terminates, to the extentrequired by applicable Treasuryregulations. Neither the investmentadviser nor its affiliates will sell suchshares of the Fund to the public.

15. No less than annually, theParticipants shall submit to the Boardsuch reports, materials or data as theBoard may reasonably request so thatthe Board may carry out fully theobligations imposed upon its by theConditions contained in theApplication. Such reports, materials anddata shall be submitted more frequentlyif deemed appropriate by the Board. Theobligations of the Participants toprovide these reports, materials anddata to the Board when it so reasonablyrequests shall be a contractualobligation of all Participants under theagreements governing their participationin the Funds.

16. In the event that a Qualified Planshould ever become an owner of 10% ormore of the assets of a Fund, suchQualified Plan will execute aparticipation agreement with the Fundwith includes the conditions set forthherein, to the extent applicable. AQualified Plan will execute anapplication containing anacknowledgment of this condition at thetime of its initial purchase of shares ofa Fund.

ConclusionFor the reasons summarized above,

applicants assert that the requestedexemptions are appropriate in thepublic interest and consistent with theprotection of investors and the purposesfairly intended by the policy andprovisions of the 1940 Act.

For the Commission, by the Division ofInvestment Management, pursuant todelegated authority.Margaret H. McFarland,Deputy Secretary.[FR Doc. 00–21752 Filed 8–24–00; 8:45 am]BILLING CODE 8010–01–M


[Release No. 35–27215]

Filings Under the Public Utility HoldingCompany Act of 1935, as Amended(‘‘Act’’)

August 21, 2000.Notice is hereby given that the

following filing(s) has/have been madewith the Commission pursuant toprovisions of the Act and rulespromulgated under the Act. Allinterested persons are referred to theapplication(s) and/or declaration(s) forcomplete statements of the proposedtransaction(s) summarized below. Theapplication(s) and/or declaration(s) andany amendment(s) is/are available forpublic inspection through theCommission’s Branch of PublicReference.

Interested persons wishing tocomment or request a hearing on theapplication(s) and/or declaration(s)should submit their views in writing bySeptember 14, 2000, to the Secretary,Securities and Exchange Commission,Washington, DC 20549–0609, and servea copy on the relevant applicant(s) and/or declarant(s) at the address(es)specified below. Proof of service (byaffidavit or, in the case of an attorney atlaw, by certificate) should be filed withthe request. Any request for hearingshould identify specifically the issues offacts or law that are disputed. A personwho so requests will be notified of anyhearing, if ordered, and will receive acopy of any notice or order issued in thematter. After September 14, 2000, theapplication(s) and/or declaration(s), asfiled or as amended, may be grantedand/or permitted to become effective.

CP&L Energy, Inc., et al. (70–9659)CP&L Energy, Inc.(‘‘CP&L Energy’’), a

public utility holding company claimingan exemption under section 3(a)(1) ofthe Act under rule 2 under the Act,



1 As used in this notice, the term ‘‘NonutilitySubsidiaries’’ means each of the direct and indirectnonutility subsidiaries of CP&L Energy as of theeffective date of the Merger. The term ‘‘NonutilitySubsidiaries’’ also includes any direct or indirectnonutility subsidiary acquired or formed by CP&LEnergy after the effective date of the Merger in atransaction that either has been approved by theCommission in this or a separate proceeding or isexempt under the Act or the rules under the Act.The Utility Subsidiaries and Nonutility Subsidiariesare referred to in this notice as the ‘‘Subsidiaries’’.

2 Applicants state that the aggregate amount ofproceeds of financing and guarantees proposed inthis matter which are used to fund investments inEWGs and FUCOs will not, when added to CP&LEnergy’s ‘‘aggregate investment’’ (as defined in rule53) in all such entities at any point in time, exceed50% of CP&L Energy’s ‘‘consolidated retainedearnings’’ (also as defined in rule 53).

3 For purposes of the Debenture and StockLimitation, Common Stock will be valued either atits market value on the day before closing of theacquisition, or at the average high and low marketprice for a period prior to the closing, as negotiatedby the parties.

Carolina Power & Light Company(‘‘CP&L’’), an electric public utilitysubsidiary of CP&L Energy, NorthCarolina Natural Gas Corporation(‘‘NCNG’’), a gas public utilitysubsidiary of CP&L Energy, StrategicResource Solutions Corp., a nonutilitysubsidiary, of CP&L Energy, all locatedat 411 Fayetteville Street Mall, Raleigh,North Carolina 27601, and FloridaProgress Corporation (‘‘FloridaProgress’’), a public utility holdingcompany claiming an exemption undersection 3(a)(1) of the Act under rule 2under the Act, its utility subsidiaryFlorida Power Corporation (‘‘FloridaPower’’), and its nonutility subsidiariesProgress Capital Holdings, Inc., FloridaProgress Funding Corporation, and FPCDel, Inc. (collectively, ‘‘Applicants’’), alllocated at One Progress Plaza, St.Petersburg, Florida 33701, have filed anapplication-declaration under sections6(a), 7, 9(a), 10, 12(b), 12(c), and 13(b)of the Act and rules 43, 45(a), 46, 87, 90,and 91 under the Act.

I. Summary and Background

In a separate proceeding before theCommission in file no. 70–9643, CP&LEnergy is seeking authority to acquireFlorida Progress (‘‘Merger’’). Followingconsummation of the Merger, CP&LEnergy will directly or indirectly ownall of the issued and outstandingcommon stock of three public utilities,CP&L, Florida Power and NCNG(collectively, ‘‘Utility Subsidiaries’’) andwill register under section 5 of the Act.In connection with the Merger andsubsequent registration, Applicantsrequest authority to engage in a varietyof financing and other transactionsinvolving CP&L, the Utility Subsidiariesand CP&L’s nonutility Subsidiaries(‘‘Nonutility Subsidiaries’’) 1 throughSeptember 30, 2003 (‘‘AuthorizationPeriod’’).

The proceeds from the financingproposed by Applicants will be used forgeneral corporate purposes, including (i)financing, in part, investments by andcapital expenditures of CP&L Energyand its Subsidiaries, including, withoutlimitation, the funding of futureinvestments in exempt wholesalegenerators (‘‘EWGs’’), foreign utility

companies (‘‘FUCOs’’),2 and rule 58subsidiaries, (ii) repayment,redemption, refunding or purchase byCP&L Energy or any Subsidiary of anyof its own securities in accordance withrule 42, and (iii) financing workingcapital requirements of CP&L Energyand its Subsidiaries.

II. Financing TransactionsApplicants request authority to

engage in a variety of financingtransactions through September 30,2003 (‘‘Authorization Period’’).

A. CP&L EnergyCP&L Energy requests authority to

issue and sell from time to time itscommon stock (‘‘Common Stock’’),preferred securities (‘‘PreferredSecurities’’) and debentures(‘‘Debentures’’). The amount of thesesecurities issued will not in an aggregateamount exceed $3.8 billion (‘‘Debentureand Stock Limitation’’), in addition tooutstanding amounts owed under creditfacilities more particularly describedbelow established to fund the Merger(‘‘Acquisition Debt’’). In addition, CP&LEnergy proposes to incur short-termdebt (‘‘Short-Term Debt’’) in amountsnot to aggregate more than $1 billion atany one time outstanding. CP&L Energystates that the aggregate outstandingprincipal amount of the AcquisitionDebt, Debentures, and Short-Term Debtwill not exceed $5 billion.

1. Acquisition DebtCP&L Energy states that the

Acquisition Debt will be incurredthrough unsecured borrowings frombanks or other institutional lendersunder credit lines totaling $3.75 billion.Applicants request authority for CP&Lto maintain these credit arrangements,and to renew or extend the maturities ofborrowings under these facilities. Theseborrowings will have maturities of up tothree years.

2. Common StockApplicants request authority for CP&L

Energy to issue and sell up to $3.8billion worth of its common stock(‘‘Common Stock’’). The price and termsof sales of Common Stock will benegotiated, or will be based upon ordetermined by competitive capitalmarkets. CP&L Energy may also issueCommon Stock or options, warrants orother stock purchase rights exercisable

for Common Stock in public orprivately-negotiated transactions asconsideration for the equity securities orassets of other companies, provided thatthe acquisition of any such equitysecurities or assets has been eitherauthorized by the Commission or isexempt under the Act or the rules underthe Act.3

CP&L Energy also proposes to issueCommon Stock and/or purchase sharesof Common Stock in the open market forpurposes of reissuing such shares underplans maintained for stockholders,employees and directors. Specifically,CP&L Energy will adopt and maintainfor its shareholders CP&L’s existingAutomatic Dividend Reinvestment andCustomer Stock Purchase Plan (‘‘DRP’’),dated January 15, 1993. The DRP willprovide CP&L Energy’s shareholdersand other parties with a simple andconvenient method of purchasing sharesof Common Stock. The purchase priceof shares purchased under the DRP onthe open market will be the weightedaverage price (including brokeragecommissions) of all shares acquired bythe managing bank during the relevantinvestment period. The purchase priceof original issue shares will be theaverage of the high and low sale pricesfor Common Stock (on the compositetape as reported in The Wall StreetJournal) on the day on which suchshares are purchased.

CP&L Energy also intends to maintainin effect CP&L’s existing equityincentive plan (‘‘Incentive Plan’’),which authorizes grants of commonstock, stock options and other stock-based awards to eligible executives andother key employees, as well as todirectors of the company and itssubsidiaries. The Incentive Plan is abroad umbrella plan that will allowCP&L Energy to adopt various sub-plansunder which it may issue non-qualifiedstock options, incentive stock options,stock appreciation rights, restrictedstock, performance units, performanceshares and other stock unit awards orstock-based forms of awards. Forexample, CP&L has adopted and issuesperformance-based shares under aperformance share sub-plan. It alsoissues restricted stock under restrictedstock agreements with individualemployees.

Shares issued under the IncentivePlan and the DRP are subject to theDebenture and Stock Limitation. Forpurposes of this limitation, shares



4 Applicants state that borrowings by FloridaPower under the Utility Money Pool are exemptunder rule 52(a).

5 The applicable interest rate on loans of ExternalFunds provided by more than one Utility MoneyPool participant will be a composite rate equal tothe weighted average of the costs incurred by thoseparticipants.

6 Applicants state that borrowings by theNonutility Subsidiaries under the Nonutility MoneyPool will be exempt under rule 52.

issued under all stock-based plans willbe valued at the closing price on theNew York Stock Exchange on the lasttrading day before the award and othersecurities will be valued using areasonable and consistent methodapplied at the time of the award.

3. Preferred Securities and DebenturesCP&L Energy states that it may issue

Preferred Securities and Debenturesdirectly or through one or more specialpurpose financing subsidiaries moreparticularly described below. PreferredSecurities may be issued in one or moreseries with rights, preferences, andpriorities as may be designated in theinstrument creating each series, asdetermined by CP&L Energy’s board ofdirectors. All Preferred Securities willbe redeemed no later than 50 years afterthe date of issuance thereof.

The maturity dates, interest rates,redemption and sinking fund provisionsand conversion features, if any, withrespect to the Debentures of a particularseries, as well as any associatedplacement, underwriting or selling agentfees, commissions and discounts, if any,will be established by negotiation orcompetitive bidding. Debentures willhave maturities ranging from one to 50years.

4. Short-Term DebtApplicants state that Short-Term Debt

may take the form of commercial paper,which will be sold to dealers at theannual discount rate prevailing at thedate of the sale for commercial paper ofcomparable quality and maturities.Short-Term Debt may also include linesof credit from banks. Applicants statethat Short-Term Debt will mature in oneyear or less from the date of issuance.

5. GuaranteesApplicants request authority for CP&L

Energy to provide guarantees and otherforms of credit support on behalf of orfor the benefit of its subsidiaries in anaggregate principal or nominal amountnot to exceed $750 million at any onetime outstanding (‘‘CP&L EnergyGuarantee Limit’’), subject to thelimitations of rules 53 and 58.Applicants state that CP&L Energy willcharge its subsidiary a fee for eachguarantee that is provide on its behalfthat will not exceed the cost ofobtaining the liquidity necessary toperform the guarantee for the period oftime that guarantee remainsoutstanding.

B. Utility Subsidiaries

1. Debt and Preferred SecuritiesApplicants request authority for CP&L

and NCNG to issue and reissue notes

evidencing up to $1 billion and $125million of indebtedness outstanding atany one time, respectively, havingmaturities of two years or less. Inaddition, Applicants request authorityfor NCNG to sell long-term debtsecurities and trust preferred securitieshaving maturities of up to 50 years.NCNG will not issue more than $750million of these securities at any timeoutstanding.

2. Utility Money Pool

NCNG and CP&L propose to borrowfrom CP&L Energy, Florida Power andeach other, and Florida Power and CP&LEnergy propose to lend to the otherUtility Subsidiaries through a systemmoney pool which Applicants proposeto establish (‘‘Utility Money Pool’’).4CP&L and NCNG requests authority toborrow through the Utility Money Poolup to $400 million and $125 million,respectively, at any time outstanding.Loans would be repayable on demandand, in any event, not later than oneyear after the date of the loan.

Under the proposed terms of theUtility Money Pool, short-term fundswould be available from surplus fundsin the treasuries of the Utility MoneyPool participants (‘‘Internal Funds’’) andproceeds from bank borrowings or thesale of commercial paper (‘‘ExternalFunds’’). Utility Money Poolparticipants that borrow would borrowpro rata from each participant thatlends, in the proportion that the totalamount loaned by each such lendingcompany bears to the total amount thenloaned through the Utility Money Pool.In addition, when more than one fundsource is used for Utility Pool loans,each borrower would borrow pro ratafrom each such fund source in the sameproportion that the amount of fundsprovided by that fund source bears tothe total amount of funds available tothe Utility Money Pool.

The interest rate applicable to loans ofInternel Funds will be the rates for high-grade unsecured 30-day commercialpaper sold through dealers by majorcorporations as quoted in The WallStreet Journal. The interest rateapplicable of loans of External Fundswill equal the lending company’s costfor such External Funds.5 The rateapplicable to loans comprised of bothInternal and External Funds will be a

weighted average of the ratesdetermined as described above.

The cost of compensating balances, ifany, and fees paid to banks to maintaincredit lines and accounts by UtilityMoney Pool participants lendingExternal Funds to the Utility MoneyPool would initially be paid by theparticipants maintaining such lines. Theportion of these costs that are allocableto loans in the Utility Money Pool willbe retroactively allocated every monthto the companies borrowing thoseExternal Funds, in proportion of theirrespective daily outstanding borrowingsof those funds.

Funds not required by the UtilityMoney Pool to make loans (with theexception of funds required to satisfythe Utility Money Pool’s liquidityrequirements) would ordinarily beinvested in one or more short-terminvestments, including: (1) Interest-bearing accounts with banks; (ii)obligations issued or guaranteed by theU.S. government and/or its agencies andinstrumentalities, including obligationsunder repurchase agreements; (iii)obligations issued or guaranteed by anystate or political subdivision of thatstate, provided that those obligations arerated not less than ‘‘A’’ by a nationallyrecognized rating agency; (iv)commercial paper rated not less than‘‘A–1’’ or ‘‘P–1’’ or their equivalent bya nationally recognized rating agency;(v) money market funds; (vi) bankcertificates of deposit; (vii) Eurodollarfunds; and (viii) such other investmentsas are permitted by section 9(c) of theAct and Rule 40 under the Act.

CP&L Energy’s service companysubsidiary, CP&L Service Company LLC,will administer the Utility Money Poolon an ‘‘at-cost’’ basis.

C. Nonutility Subsidiaries

1. Money PoolCP&L Energy intends to lend to and

the Nonutility Subsidiaries intend toborrow from CP&L Energy and eachother money through a system moneypool (‘‘Nonutility Money Pool’’). 6

Applicants state that the NonutilityMoney Pool will be operated on thesame terms as the Utility Money Pool,except that CP&L Energy’s funds madeavailable to the two Money Pools will bemade available to the Utility MoneyPool first and afterwards to theNonutility Money Pool.

2. Other BorrowingsApplicants request authority for each

Nonutility Subsidiary that is not wholly



7 Energy-Related Assets include natural gasproduction, gathering, processing, storage andtransportation facilities and equipment, liquid oilreserves and storage facilities, and associatedfacilities.

8 Applicants state that development activitiesinclude: Due diligence and design review; marketstudies; preliminary engineering; site inspection;preparation of bid proposals, including posting ofbid bonds; application for required permits and/orregulatory approvals; acquisition of site options andoptions on other necessary rights; negotiation andexecution of contractual commitments; negotiationof financing commitments; and other preliminaryactivities as may be required in connection with thepurchase, acquisition, financing or construction offacilities or the acquisition of securities of orinterests in new businesses. Applicants also statethat administrative activities include ongoingpersonnel, accounting, engineering, legal, financial,and other support activities necessary to manageCP&L Energy’s investments in NonutilitySubsidiaries.

owned by CP&L Energy to borrow fromCP&L Energy and the other NonutilitySubsidiaries at interest rates andmaturities designed to provide a returnof not less than the lending company’seffective cost of capital. Applicants statethat none of these borrowing NonutilitySubsidiaries will sell any services to anyassociated Nonutility Subsidiary (unlessthat company falls within one of thecategories, described below, ofcompanies to which goods and servicesmay be sold on an other than at-costbasis).

3. Existing GuaranteesApplicants request authority for

Florida Progress and its nonutilitysubsidiaries to continue, extend and/orreplace all guarantees and other forms ofcredit support outstanding on the datethe proposed Merger is effected relatingto credit facilities, other financingarrangements of certain nonutilitysubsidiaries, and other existingobligations, described in Exhibit A tothis notice (‘‘Existing Guarantees’’). Theaggregate maximum exposure under theExisting Guarantees is approximately$2.2 billion.

4. New GuaranteesIn addition to the Existing Guarantees,

the Nonutility Subsidiaries requestauthority to provide guarantees andother forms of credit support on behalfof or for the benefit of other NonutilitySubsidiaries in an aggregate principal ornominal amount not to exceed $500million at any one time outstanding(‘‘Nonutility Subsidiary GuaranteeLimit’’), subject to the limitations of rule58. A Nonutility Subsidiary will chargeits associate company a fee for eachguarantee that is provided on its behalfthat will not exceed the cost ofobtaining the liquidity necessary toperform the guarantee for the period oftime the guarantee remains outstanding.

D. Hedging TransactionsCP&L Energy and the Subsidiaries

request authority to enter into hedgingtransactions (‘‘Interest Rate Hedges’’)with respect to their existingindebtedness. Interest Rate Hedges willinvolve the use of financial instrumentscommonly used in capital markets, suchas interest rate swaps, caps, collars,floors, and structured notes (i.e., a debtinstrument in which the principal and/or interest payments are indirectlylinked to the value of an underlyingasset or index), or transactions involvingthe purchase or sale, including shortsales, of U.S. Treasury obligations.Applicants state that the transactionswill be for fixed periods and statednotional amounts that in no case will

the notional principal amount of anyinterest rate swap exceed that of theunderlying debt instrument and relatedinterest rate exposure.

In addition, Applicants requestauthority for CP&L Energy and theSubsidiaries to enter into AnticipatoryHedges. The Anticipatory Hedges wouldbe utilized to fix and/or limit theinterest rate risk associated with anynew issuance through: (1) A forwardsale of exchange-traded U.S. Treasuryfutures contracts, U.S. Treasuryobligations and/or a forward swap; (ii)the purchase of put options on U.S.Treasury obligations (‘‘Put OptionsPurchase’’); (iii) a Put Options Purchasein combination with the sale of calloptions on U.S. Treasury obligations;and (iv) transactions involving thepurchase or sale, including short sales,of U.S. Treasury obligations; and/orother derivative or cash transactions,including, but not limited to structurednotes, caps and collars.

E. Energy-Related ActivitiesNonutility Subsidiaries request

authority to invest up to $500 million(‘‘Investment Limitation’’) in theacquisition or construction of certaintypes of nonutility energy-related assetsthat are incidental to their energymarketing brokering or trading activities(‘‘Energy-Related Assets’’) or in theequity securities of existing or newcompanies substantially all of whosephysical properties consist or willconsist of those Energy-Related Assets.7Applicants state that, if common stockis issued in connection with theseacquisitions, the market value of thatstock on the date of its issuance will beused for purposes of the InvestmentLimitation.

F. Financing SubsidiariesCP&L Energy and the Subsidiaries

request authority to acquire the equitysecurities of one or more special-purpose subsidiaries (‘‘FinancingSubsidiaries’’), each of which will beorganized solely to issue securities tosupport the businesses of CP&L Energyand the Subsidiaries. Applicants statethat financing Subsidiaries maydividend, loan or otherwise transfer theproceeds of such financings to or asdirected by the financing Subsidiary’sparent company; provided, however,that a Financing Subsidiary of a UtilitySubsidiary will dividend, loan orotherwise transfer proceeds of afinancing only to that Utility Subsidiary.

Applicants state that the amount oflong-term debt or preferred securitiesissued by a Financing Subsidiary will becounted against the limitation onamounts of similar types of securitiesapplicable to the Financing Subsidiary’sparent company, to the extent the parentcompany is a guarantor of the securities.Applicants propose that guarantees by aFinancing Subsidiary’s parent companynot be counted toward the guarantylimit applicable to it described above, ifany.

G. Payment of Dividends by NonutilitySubsidiaries

Applicants note that there may besituations in which it or one or moreNonutility Subsidiaries will haveunrestricted cash available fordistribution in excess of the company’scurrent and retained earnings.Accordingly, Applicants also requestauthority for each Nonutility Subsidiaryto pay dividends with respect to itssecurities, and/or acquire, retire orredeem any of its securities held byassociate companies from time to timeout of capital and unearned surplus(including revaluation reserve), to theextent permitted under applicablecorporate law.

III. Other Transactions

A. Intermediate Subsidiaries

Applicants request authority for CP&LEnergy to acquire, directly or indirectly,the one or more intermediatesubsidiaries (‘‘Intermediate HoldingCompanies’’) to be organizedexclusively for the purpose of acquiring,financing, and holding the securities ofexisting or future NonutilitySubsidiaries. The IntermediateSubsidiaries may also engage in certaindevelopment and administrativeactivities during the AuthorizationPeriod relating to the NonutilitySubsidiaries.8 Applicants requestauthority for the IntermediateSubsidiaries to expend up to $250



9 Energy marketing activities include thebrokering and marketing of electricity, natural gasand other energy commodities. Energy managementservices include the marketing, sale, installation,operation and maintenance of various products andservices related to energy management anddemand-side management, including energy andefficiency audits; facility design and process controland enhancements; construction, installation,testing, sales and maintenance of (and trainingclient personnel to operate) energy conservationequipment; design, implementation, monitoringand evaluation of energy conservation programs;development and review of architectural, structuraland engineering drawings for energy efficiencies,design and specification of energy consumingequipment; general advice on programs; the design,construction, installation, testing, sales andmaintenance of new and retrofit heating,ventilating, air conditioning, electrical and powersystems, alarm and warning systems, motors,pumps, lighting, water, water-purification andplumbing systems, and related structures, inconnection with energy-related needs; and theprovision of services and products designed toprevent, control, or mitigate adverse effects ofpower disturbances on a customer’s electricalsystems. Consulting services include engineering,consulting and other technical support serviceswith respect to energy-related businesses, as well asfor individuals. These services include technologyassessments, power factor correction and harmonicsmitigation analysis, meter reading and repair, rateschedule design and analysis, environmentalservices, engineering services, billing services(including consolidation billing and billdisaggregation tools), risk management services,communications systems, information systems/dataprocessing, system planning, strategic planning,finance, feasibility studies, and other similarservices.

10 The Commission recently authorized theestablishment of CP&L Energy as the holdingcompany over CP&L. See Holding Co. Act ReleaseNo. 27188 (June 15, 2000).

11 Applicants state that, as of June 30, 2000, theretained earnings of Florida Progress wasapproximately $819 million.

12 Applicants state that NCNG’s hadapproximately $63.3 million retained earnings priorto its acquisition.

13 Over time, CP&L Energy will record its shareof the earnings of its subsidiaries under the equitymethod of accounting as prescribed in rule 26(c)under the Act.

14 Applicants state that CP&L Energy will recordthe amortization of goodwill arising from theMerger on its own books because ‘‘push down’’accounting will not be used to account for theMerger, under an exception provided by accountingguidelines for companies with significant amountsof publicly-held debt and preferred stock.

15 As noted above, NCNG is recording theamortization of goodwill resulting from itsacquisition by CP&L because ‘‘push down’’accounting was used to account for the acquisition.

16 Applicants state that approximately $240million was recorded as goodwill on NCNG’s booksas a result of the company being acquired in Julyof 1999, and approximately $3 billion could beallocated to goodwill on CP&L Energy’s books as aresult of the Merger.

million during the Authorization Periodon these activities.

B. Changes in Capital StructureApplicants request that each of the

wholly-owned Subsidiaries beauthorized to change the terms of itsauthorized stock capitalization by anamount deemed appropriate by CP&LEnergy or its direct parent company. Asexamples, Applicants state that aSubsidiary may choose to change thepar value of a capital security or engagein a reverse stock split. Any change incapitalization will be subject to theapproval of the State commission in theState in which the Subsidiary isincorporated and doing business.

C. Rule 58 Subsidiaries OperationOutside the United States

Applicants also request authority forSubsidiaries engaged or formed inengage in activities permitted by rule 58to engage in those activities, includingenergy marketing, energy managementservices and consulting services,anywhere outside the United States.9

D. Payment of Dividends by CP&LEnergy and NCNG

Applicants request authority: (1) ForCP&L Energy to pay dividends out ofcapital and unearned surplus in anamount equal to the sum of (a) CP&L’s

consolidated retained earnings prior tothe establishment of CP&L Energy as theholding company over CP&L(‘‘Reorganization’’),10 (b) FloridaProgress’s retained earnings prior to theMerger,11 and (c) NCNG’s retainedearnings prior to the acquisition ofNCNG by CP&L,12 and (2) for NCNG topay dividends out of capital andunearned surplus in an amount equal toits retained earnings just prior to itsacquisition by CP&L in July 1999.

Applicants state that NCNG seeksauthority to pay dividends to CP&LEnergy out of capital and unearnedsurplus in an amount equal to NCNG’sretained earnings prior to its acquisitionbecause its retained earnings wererecharacterized as capital due to ‘‘pushdown’’ accounting when the companywas acquired. Applicants state thatauthority is sought for CP&L Energy topay dividends out of capital andunearned surplus in amounts equal tothe sum of CP&L’s pre-Reorganizationconsolidated retained earnings, FloridaProgress’ pre-Merger retained earnings,and NCNG’s retained earnings prior tothe acquisition of NCNG by CP&Lbecause dividends by CP&L and FloridaProgress out of their retained earnings,and by NCNG out of its capital andunearned surplus in amounts equal toits preexisting retained earnings, will bereflected on CP&L Energy’s books asreturns of capital, not as increases inearnings.13

Applicants also request authority forCP&L Energy to pay dividends out ofearnings before the amortization ofgoodwill resulting from the Merger14

and the acquisition of NCNG, and forNCNG to pay dividends out of earningsbefore the amortization of goodwillresulting from its acquisition by CP&L.15

CP&L Energy states that its request topay dividends of amounts reflecting

NCNG’s exclusion of its amortization ofgoodwill from earnings is based on thefact that dividend payments by NCNG ofthose amounts may be recorded as areturn of capital of CP&L Energy, not anincrease in its earnings. Applicants statethat this goodwill will be amortizedover a period of up to 40 years.16

E. Tax Allocation Agreement

Applicants request authority for anagreement that does not fully complywith the requirements of rule 45(c) forthe allocation between CP&L Energy andthe Subsidiaries of consolidated taxes.Applicants state that, under theproposed agreement, CP&L Energywould retain the benefit of tax lossescreated by CP&L Energy’s interestexpense on the Acquisition Debt.

F. Intrasystem Transactions

Applicants propose that certainNonutility Subsidiaries provide servicesand/or sell goods to each other at fairmarket prices determined withoutregard to cost under certaincircumstances. Specifically, Applicantsrequest an exemption where thepurchasing Nonutility Subsidiary is:

(1) a FUCO or foreign EWG whichderives no part of its income, directly orindirectly, from the generation,transmission, or distribution of electricenergy for sale within the United States;

(2) an EWG which sells electricity atmarket-based rates which have beenapproved by the Federal EnergyRegulatory Commission (‘‘FERC’’),provided that the purchaser is not oneof the Utility Subsidiaries;

(3) a qualifying facility (‘‘QF’’) withinthe meaning of the Public UtilityRegulatory Policies Act of 1978, asamended (‘‘PURPA’’) that sellselectricity exclusively (a) at ratesnegotiated at arms-length to one or moreindustrial or commercial customerspurchasing such electricity for theirown use and not for resale, and/or (b)to an electric utility company (otherthan one of the Utility Subsidiaries) atthe purchaser’s ‘‘avoided cost’’ asdetermined in accordance with theregulations under PURPA;

(4) a domestic EWG or QF that sellselectricity at rates based upon its cost ofservice, as approved by FERC or anystate public utility commission havingjurisdiction, provided that the purchaserthereof is not one of the UtilitySubsidiaries; or



1 HCAR No. 26900 (July 22, 1994).2 Exelon states that the Restructurings are subject

to certain federal and state regulatory approvals andother actions that may be completed at the time theMerger is otherwise ready to close. Accordingly,Exelon requests authority to complete the Mergerwith or without the Restructurings.

(5) either (a) partially-owned by CP&LEnergy, provided that the ultimatepurchaser of such goods or services isnot a Utility Subsidiary or CP&LServices (or any other entity that CP&LEnergy may form whose activities andoperations are primarily related to theprovision of goods and services to theUtility Subsidiaries or CP&L Services),(b) engaged solely in the business ofdeveloping, owning, operating and/orproviding services or goods toNonutility Subsidiaries described inclauses (1) through (4) above, or (c) nota public utility operating within theUnited States and does not derive anymaterial part of its income from sourceswithin the United States.

For the Commission, by the Division ofInvestment Management, under delegatedauthority.Margaret H. McFarland,Deputy Secretary.

Exhibit A

Existing GuaranteesFlorida Progress has unconditionally

guaranteed all indebtedness of ProgressCapital Holdings, Inc. (‘‘ProgressCapital’’), one of its direct subsidiaries.Progress Capital currently has in placea $600 million commercial paperfacility supported by three revolvingbank credit facilities: one $100 millionfacility and one $200 million facilityunder each of which Progress Capitalmay make borrowings with a term of upto 364 days, and a $300 million facilityunder which it may make borrowingswith a term of up to five years. The $100million facility and the $200 millionfacility have a current expiration date ofNovember 16, 2000 and July 16, 2000,respectively, and the 5-year facilityexpires November 30, 2003. As of March31, 1999, Progress Capital had issued anoutstanding $366.6 million incommercial paper. These lines of creditwere not drawn upon. In addition,Progress Capital has uncommitted bankbid facilities authorizing it to borrowand re-borrow, and has outstanding atany one time, up to $300 millionprincipal amount of indebtedness withmaturities of up to one year. As ofMarch 31, 2000, there were $35 millionin loans outstanding under these bidfacilities. Progress Capital also has aprivate medium-term note programproviding for the issuance of up to $844million of fixed or floating interest ratenotes with maturities ranging from ninemonths to 30 years. As of March 31,2000, there were $444 million of notesoutstanding under this program.

Progress Capital has itself guaranteedan aggregate of $198.6 million ofpayment obligations of an indirect

subsidiary, MEMCO Barge Line, Inc.(‘‘MEMCO’’), under a synthetic leasecovering barges and towboats. FloridaProgress, Progress Capital, Electric Fuelsand other subsidiaries of ProgressCapital have guaranteed obligationsand/or provided other forms of creditsupport in an aggregate amount of $133million on behalf of subsidiaries,including the obligations of MEMCOunder various operating leases coveringbarges, obligations of Progress Capitaland Electric Fuels under stand-by lettersof credit covering workers’compensation, black lung and similarliabilities, and a guarantee of tax-exemptbonds issued by an industrialdevelopment authority in Louisiana tofinance port facilities.

Further, Florida Progress has alsounconditionally guaranteed the sale of$300 million of quarterly incomepreferred securities indirectly issued byProgress Funding Corporation, one of itsdirect subsidiaries. Quarterlydistributions are payable at the annualrate of 7.10%.

[FR Doc. 00–21750 Filed 8–24–00; 8:45 am]BILLING CODE 8010–01–M


[Release No. 35–27214]

Filings Under the Public Utility HoldingCompany Act of 1935, as Amended(‘‘Act’’)

August 21, 2000.Notice is hereby given that the

following filing(s) has/have been madewith the Commission pursuant toprovisions of the Act and rulespromulgated under the Act. Allinterested persons are referred to theapplicant(s) and/or declaration(s) forcomplete statements of the proposedtransaction(s) summarized below. Theapplication(s) and/or declaration(s) andany amendment(s) is/are available forpublic inspection through theCommission’s Branch of PublicReference.

Interested persons wishing tocomment or request a hearing on theapplication(s) and/or declaration(s)should submit their views in writing bySeptember 14, 2000, to the Secretary,Securities and Exchange Commission,Washington, D.C. 20549–0609, andserve a copy on the relevant applicant(s)and/or declarant(s) at the address(es)specified below. Proof of service (byaffidavit or, in the case of an attorney atlaw, by certificate) should be filed withthe request. Any request for hearingshould identify specifically the issues of

facts or law that are disputed. A personwho so requests will be notified of anyhearing, if ordered, and will receive acopy of any notice or order issued in thematter. After September 14, 2000, theapplication(s) and/or declaration(s), asfiled or as amended, may be grantedand/or permitted to become effective.

Exelon Corporation (70–9645)

Exelon Corporation (‘‘Exelon’’ or‘‘Applicant’’), a Pennsylvaniacorporation located at 10 SouthDearborn Street, Chicago, Illinois 60603,and a subsidiary of PEPCO EnergyCompany (‘‘PECO’’), a combinationelectric and gas utility holding companyclaiming exemption from registrationunder section 3(a)(1) of the Act by rule2, has filed an amended application-declaration under sections 3(a)(1), 4, 5,6(a), 7, 8, 9(a)(1), 9(a)(2), 9(c)(3), 10,11(b), 12, and 13, and rules 43, 44, 54,and 80 through 92 under the Act.

Under the terms of an Agreement andPlan of Exchange and Merger (‘‘MergerAgreement’’), dated September 22, 1999and amended and restated on January 7,2000. Exelon proposes to acquire all ofthe issued and outstanding shares ofcommon stock of PECO and of UnicomCorporation (‘‘Unicom’’), a public utilityholding company exempt fromregistration under section 3(a)(1) of theAct by order of the Commission,1through a two-step process. First, theMerger Agreement provides for amandatory share exchange of theoutstanding common stock of PEPO forcommon stock of Exelon. Following thisexchange, Unicom will merge with andinto Exelon, with Exelon as thesurviving corporation. Together, thesetwo transactions are referred to as the‘‘Merger.’’ After the Merger, Exelon willregister as a holding company under theAct. In addition, Exelon proposes toengage in various related transactions,including intrasystem transactions.

Exelon further seeks authority toengage in certain corporaterestructurings following consummationof the Merger, including (1) Re-aligningthe ownership of its nonutilitysubsidiary companies; (2) transferringall of its generating capacity to ExelonGeneration Company, LLC (‘‘Genco’’), asubsidiary company to be organized byExelon; and (3) creating two additionalsubsidiary utility holding companies(together, the ‘‘Restructurings’’). 2



3 The names of PECO’s nonutility subsidiaries,investments, and other businesses are listed inExhibit A to this notice.

4 Unicom owns all but 4,859 shares of theoutstanding common stock of ComEd.

5 HCAR No. 26090 (July 22, 1994).6 ComEd has applied to FERC for approval of a

proposed plan to transfer control of its transmissionassets to an independent transmission company.

7 Under the Merger Agreement, Unicom hasagreed to repurchase $1.0 billion of its commonstock. As of March 31, 2000, Unicom had acquired14 million shares.

8 A complete list of the names of the nonutilitybusinesses in which Unicom has an interest isprovided in Exhibit A.

9 No new long-term debt is expected to be issuedto finance the approximately $500 million cashpayment to Unicom shareholders.

10 The existing debt securities and preferred stockof ComEd and PECO will remain outstandingwithout change.

11 The Merger consideration includesapproximately 145.6 million shares of Exeloncommon stock at a price of $35.89 per share basedon the average closing price of PECO common stockbetween January 3 and 12, 2000.

I. Parties to the Merger

A. ExelonExelon currently has no assets and

has conducted no business operations todate. Under the terms of the MergerAgreement, Exelon will become theparent holding company of PECO,Unicom’s electric-utility subsidiaryCommonwealth Edison Company(‘‘ComEd’’), Genco, the electric-utilitysubsidiaries of ComEd and PECO, andthe nonutility subsidiaries of Unicomand PECO.

B. PECOPECO provides retail electric service

to approximately 1.5 million customersin the City of Philadelphia and fivenearby counties. PECO has an estimatedaggregate net installed electricgenerating capacity of 9,262 megawatts(‘‘MW’’), and its transmission facilitiesare within the Pennsylvania-New Jersey-Maryland (‘‘PJM’’) control area. PECOalso provides natural gas distributionservice to over 400,000 retail customersin southeastern Pennsylvania. For theyear ended December 31, 1999, PECOhad electric utility revenues of $4.85billion and gas utility revenues of $481million.

As of December 31, 1999, PECO had1,930,920 shares of cumulativepreferred stock of various series issuedand outstanding, and, as of May 5, 2000,PECO had 169,570,844 shares ofcommon stock outstanding. Itsconsolidated assets as of December 31,1999 totaled approximately $13 billion,representing $4 billion in net electricutility property, plant and equipment;$931 million in net gas utility property,plant and equipment; $138 million innonutility subsidiary assets; and $8billion in other corporate assets, PECOis subject to regulation by thePennsylvania Public Utility Commissionwith respect to retail rates, accounting,service standards, issuance of securities,and other matters, by the Federal EnergyRegulatory Commission (‘‘FERC’’) withrespect to wholesale electric and electrictransmission rates and other matters,and by the Nuclear RegulatoryCommission (‘‘NRC’’) with respect tothe ownership and operation of itsnuclear generating stations.

PECO directly owns all of the issuedand outstanding common stock of twopublic utility companies: (1)Susquehanna Electric Company(‘‘SECO’’); and (2) PECO Energy PowerCompany (‘‘PEPCO’’). PEPCO is aregistered holding company that whollyowns another public utility company,Susquehanna Power Company(‘‘SPCO’’). All three of these subsidiariesare exclusively engaged in owning and

operating the Conowingo HydroelectricProject on the Susquehanna River at thePennsylvania/Maryland border(‘‘Conowingo Project’’).

PECO is engaged in various nonutilitybusinesses through subsidiaries andthrough affiliated business ventures,including the following: (1) Systemfinancing; (2) exempt wholesalegenerators (‘‘EWGs’’), as defined insection 32 of the Act; (3)telecommunications; (4) real estatedevelopment and management; (5)investment in various businessesproviding energy services and otherservices; (6) infrastructure services; (7)other energy services relating tocogeneration facilities and natural gasdistribution.3

C. UnicomUnicom’s principal subsidiary is

ComEd,4 an electric utility that is alsoa holding company exempt fromregistration under section 3(a)(1) of theAct by order of the Commission 5 and byrule 2. ComEd provides retail electricservice to approximately 3.4 millioncustomers in and around Chicago.ComEd recently sold all of its fossil fuel-fired generating capacity, but it retains9,550 MW of nuclear generatingcapacity from its ten remaining nucleargenerating units. ComEd participates inboth the Mid-America InterconnectedNetwork and the Midwest IndependentSystem Operator, Inc.6 ComEd is subjectto regulation by the Illinois CommerceCommission with respect to retailelectric rates and charges, issuance ofmost of its securities, service andfacilities, affiliated transactions, andother matters, by FERC with respect towholesale electric and electrictransmission rates and other matters,and by the NRC with respect to theoperation of its nuclear generatingstations.

ComEd’s only utility subsidiary isCommonwealth Edison of Indiana (the‘‘Indiana Company’’). The IndianaCompany originally was formed to holda generating station built on the Indianaside of the Illinois-Indiana border nearChicago. The generating station wassold in 1997, and the Indiana Companynow has no customers. Currently, itsonly business is holding a small amountof electric transmission property inIndiana.

For the year ended December 31,1999, Unicom had electric utilityrevenues of $6.8 billion. As of March 31,2000, Unicom had 177,646,782 shares ofcommon stock outstanding.7 Itsconsolidated assets as of December 31,1999 totaled approximately $23.4billion, representing $12.1 billion in netelectric property, plant and equipment;$521.3 million in nonutility subsidiaryproperty, plant and equipment; and$10.8 billion in other corporate assets.

Unicom’s direct and indirectnonutility businesses include thefollowing: (1) Mechanical services; (2)leasehold investments; (3) energyservices and marketing; (4) districtcooling/district energy systems; (5)intra-system insurance and health-caremanagement; (6) system financing; and(7) real estate development.8

II. Description of Merger

A. Merger Agreement

Under the Merger Agreement, eachoutstanding share of Unicom commonstock will be exchanged for 0.875 sharesof Exelon common stock and $3.00 incash,9 and each outstanding share ofPECO common stock will be exchangedfor one share of Exelon common stock.10

Following the Merger, PECO’s formershareholders will own about 54% ofExelon, and Unicom’s formershareholders will own approximately46%. On June 27 and 28, 2000, theshareholders of PECO and Unicomapproved the Merger.

Exelon will account for the Mergerunder the ‘‘purchase method’’ ofaccounting, with PECO being deemed tohave acquired Unicom. The totalpurchase price consideration will be$5.759 billion, including PECO’sestimated transaction costs.11 Exelonestimates that the premium paid forgoodwill will be $2.293 billion, whichwill be amortized over a 40-year period.

The Merger Agreement provides that,after the Merger takes effect, Exelon’sprincipal corporate office will belocated in Chicago, Illinois. Exelon will



12 Exelon further requests a finding by theCommission that Exelon Delivery, Ventures andGenco would not be considered ‘‘holdingcompanies’’ or ‘‘subsidiary companies’’ solely forpurposes of section 11(b)(2) of the Act.

13 Following the Merger and the Restructurings,Exelon Delivery, Ventures and Genco each willregister as holding companies under the Act.

14 Rule 58(a)(1)(ii) provides that a registeredholding company system’s investments innonutility activities that are exempt under rule 58cannot exceed 15% of the consolidatedcapitalization of the registered holding company.

15 PEPCO, as the parent of SPCO, will remain aregistered holding company.

16 Exelon states that it proposes to retain PECO’sgas utility operations as an additional single,integrated gas utility system.

17 With respect to the PJM leg of the ContractPath, Exelon will rely on PECO’s rights as a Load-Serving Entity to use ‘‘Secondary Service’’ asdefined by section 28.4 of the PJM Open AccessTransmission Tariff rather than obtain from PJM100 MW of firm point-to-point transmission service.Secondary Service has rights equivalent to firmpoint-to-point service.

18 In addition, Exelon requests that theCommission find that this application is deemed toconstitute a filing on Form U–13–1 for purposes ofrule 88 under the Act, or, alternatively, that thefiling of a Form U–13–1 is not necessary under theAct.

19 Exelon also may establish a specialized servicecompany for Genco operations (‘‘GenServCo’’).Genco would reimburse GenServCo for its expenseson a full cost basis in compliance with therequirements of section 13 of the Act. Exelon willprovide information regarding GenServCo by pre- orpost-effective amendment to this application.

also maintain PECO Energy’s corporateheadquarters in Philadelphia, andExelon’s generation business will beheadquartered in southeasternPennsylvania.

B. Proposed Restructurings andCombined Operations

As stated above, Exelon proposes torestructure its post-Merger operations byrealigning the ownership of its variousutility and nonutility businesses. Aspart of these Restructurings, Exelonseeks approval to form two intermediateholding companies, Exelon VenturesCompany (‘‘Ventures’’) and ExelonEnergy Delivery Company (‘‘ExelonDelivery’’). It also proposes to create onenonutility subsidiary holding company,Exelon Enterprises Company, LLC(‘‘Enterprises’’). Ventures will own bothGenco and Enterprises, and ExelonDelivery will hold both PECO andComEd.12 Enterprises, in turn, will ownthe existing nonutility interests of bothPECO and Unicom.13

Exelon seeks Commission authority toretain the existing nonutility businessesand interests of ComEd and PECO afterthe Merger, including those nonutilityinvestments that are ‘‘energy related’’within the meaning of rule 58 under theAct. Exelon further requests that theCommission not include its existing‘‘energy related’’ nonutility businessesin any calculation of the investmentlimitations set forth in rule 58 under theAct.14

At or about the time of the Merger,ComEd and PECO will transfer all oftheir generating facilities to Genco, apublic utility company that will supplypower both to its affiliates and to non-affiliated customers (‘‘GencoRestructuring’’). Genco therefore willbecome the parent of PEPCO, SECO, andPEPCO’s subsidiary SPCO, whichcollectively hold and operate theConowingo Project.15

The Applicant states that Genco willcoordinate the efficient use of thegeneration formerly held by ComEd andPECO for the benefit of the Exelonsystem. Exelon Delivery, through itsownership of ComEd an PECO, will

hold the transmission and distributionfunctions of the Exelon system.

Exelon states that it expects allnecessary approvals to be in placeshortly after completion of the Merger.However, in the event there is a delaybetween closing of the Merger andcompletion of the Genco Restructuring,the Applicant seeks authority to engagein a system of interim operationspending the transfer of the generatingassets of ComEd and PECO to Genco.

The Applicant states that the electricutility properties will be operated as asingle integrated system.16 Exelonintends to interconnect the electricutility systems via a 100 MW firm, westto east, contract path (‘‘Contract Path’’)over American Electric Power (‘‘AEP’’),Virginia Power, and PJM transmissionsystems.17 The Contract Path, whichcommences on November 1, 2000, willextend from the interface of the AEPand ComEd transmission systems to theinterface of the Virginia Power and PJMtransmission systems, and throughPJM’s system to PECO. Exelon commitsto keep the Contract Path in place forthree years after the date of the order inthis case, or until the Commissiondetermines that an alternate path orsome other arrangement is adequate tokeep Exelon in compliance with theintegration requirement of the Act.

The Applicant states that it will notuse traditional joint economic dispatchof the systems of ComEd and PECO asdo other registered systems thateffectively operate as tight power pools.Given that ComEd and PECO are inseparate ‘‘control areas,’’ Exelon statesthat this true joint dispatch would notbe feasible. However, Exelon willcentralize all its generating assets andactivities in Genco. Genco will providepower to ComEd and PECO as one ofseveral competing options to meet thosecompanies’ bundled load or provider oflast resort load obligations. Because ofthis organizational structure, Exelonstates that it will have no need for thetype of ‘‘joint operating agreement’’ thatmany registered public utility systems,have. Exelon states that, while thoseagreements may be necessary to achieveintegrated operations among severalseparate subsidiary utility companies, inExelon’s case all generation resourcesare controlled in a single entity and

these types of agreements are notrequired. The Applicant states thatGenco would conduct marketing efforts,both as a buyer and a seller, for theExelon system.

Exelon further states that it expects toachieve the coordination and integrationof the combined system through thecoordination and integration ofinformation system networks; customerservice; procurement organizations;organizational structures for powergeneration, energy delivery andcustomer relations; and supportservices.

III. Affiliate Transactions

A. Exelon Business Services Company

Exelon requests that the Commissionauthorize the designation of ExelonBusiness Services Company (‘‘ExelonServices’’) as a subsidiary servicecompany in accordance with rule 88(b)under the Act.18 After the Merger,Exelon Services proposes to provideExelon, ComEd, PECO, Genco andExelon’s nonutility subsidiaries withvarious corporate, administrative,management and support services,including services relating to support ofelectric and gas plant operations.19

Exelon Services will enter into aservice agreement with PECO, ComEd,Genco and other affiliates, includingnonutility affiliates (‘‘General ServiceAgreement’’), which will be structuredto comply with the requirements ofsection 13 of the Act and theCommission’s rules under the Act.Under the General Service Agreement,charges for services provided by ExelonServices to affiliated utility companieswill be at cost, in compliance with rules90 and 91 under the Act. Except forcertain requested exceptions discussedbelow, services provided by ExelonServices to affiliated nonutilitycompanies will also be charged at cost.

Exelon requests authority for ExelonServices and Exelon’s nonutilitysubsidiaries to provide certainconstruction, goods or services at fairmarket value, under certaincircumstances, to any nonutilityassociate company in the Exelonsystem.



Exelon Services will be staffedprimarily by transferring existingpersonnel from the current employeerosters of Unicom, PECO, and theirsubsidiaries. Exelon Services will beheadquartered in Chicago and willconduct substantial operations in bothChicago and Philadelphia. Exelon statesthat Exelon Services’ capitalization willconsist of not more than 1,000 shares ofcommon stock, and that ExelonServices’ total equity capital will notexceed $10,000.

Exelon expects Exelon Services to beoperational within 30 days after theeffective date of the Merger. However, inorder to allow time to develop allrequired systems, the Applicant seeksauthority to delay the fullimplementation of all services andsystems applicable to Exelon Servicesunder the Act for a period of not longerthan 12 months following the effectivedate of the Merger.

B. Other Affiliate TransactionsBoth ComEd and PECO currently

participate in certain transactions withaffiliates at rates that may exceed costunder existing arrangements. Exelonrequests an interim exemption from thecost standards of rules 90 and 91 underthe Act to allow PECO and ComEd tocontinue participating in thesearrangements for a period of not longerthan 15 months following the date of theCommission’s order in this matter.Exelon also states that ComEd, PECO,and PECO’s subsidiaries will continueto provide energy services to U.S.governmental agencies at rates approvedby their respective state public utilitycommissions, where these companiesact as ‘‘conduits’’ for the services beingprovided.

Exelon also seeks approval under rule87(a)(3) under the Act or otherapplicable authority for: (1) Genco, anyfuture subsidiary of Genco, andAmerGen Energy Company, L.L.C., anonutility subsidiary of PECO, toprovide certain energy-related servicesto each other at cost; (2) Genco, ComEdand PECO to provide certain energy-related services to each other at cost;and (3) Exelon Infrastructure Services,Inc. (‘‘EIS’’) and Unicom MechanicalServices (‘‘Mechanical Services’’),presently nonutility subsidiaries of,respectively, PECO and Unicom, toprovide services to ComEd, PECO andGenco. Exelon further requests anexemption from the cost standards ofthe Act for EIS and Mechanical Servicesto provide services to ComEd, PECO,Genco, and any other Exelon utilitysubsidiary, as well as any subsidiarythat is involved in directly providinggoods, construction, or services to these

companies, at market prices for a periodof not longer than 15 months followingthe date of the Commission’s order inthis matter.

For the Commission, by the Division ofInvestment Management, under delegatedauthority.Margaret H. McFarland,Deputy Secretary.

Exhibit A

Nonutility Businesses

Subsidiaries and Investments of UnicomUnicom owns directly or indirectly all

of the outstanding equity securities ofthe following nonutility subsidiaries:Unicom Enterprises, Inc. is a first tierholding company for Unicom’s non-regulated investments which fall in thefollowing general categories:

Mechanical Services BusinessThe following companies are in the

mechanical services businesses: UnicomMechanical Services Inc., AccessSystems, Inc., Hoekstra BuildingAutomation, Inc., MetropolitanMechanical Contractors Inc., andReliance Mechanical Corp.

Like-Kind Exchange Tax AdvantagedTransaction

The following companies are engagedin tax-advantaged transactions related tothe sale of ComEd’s fossil generation:Unicom Investment Inc., SchererHoldings 1, LLC; Scherer Holdings 2,LLC; and Scherer Holdings 3, LLC;Wansley Holdings 1, LLC and WansleyHoldings 2, LLC, Spruce Holdings G.P.2000 LLC and Spruce Holdings L.P.2000 LLC, Spruce Equity Holdings L.P.,and Spruce Holdings Trust.

Energy Services/MarketingThe following companies are engaged

in energy services or marketing: UnicomEnergy Services Inc., Unicom EnergyInc., Unicom Energy Ohio, Inc., andUnicom Power Marketing Inc.

District Cooling/District Energy SystemsThe following companies are engaged

in district cooling or district energybusinesses: UT Holdings Inc. (‘‘UT’’),Unicom Thermal Development Inc.,Unicom Thermal Technologies Inc.,Unicom Thermal Technologies HoustonInc., Unicom Thermal TechnologiesBoston Inc., Unicom ThermalTechnologies North America Inc., UTTNational Power Inc., UTT Nevada Inc.,and UTT Phoenix, Inc. Unicom ThermalTechnologies Boston Inc. holds a 25%membership interest in NorthwindBoston LLC. Unicom ThermalTechnologies Houston Inc. holds a 25%membership interest in Northwind

Houston LLC. Northwind Houston LLC,in turn, holds 25% of the partnership inNorthwind Houston LP. UnicomThermal Technologies North AmericaInc. operates in Canada through itssubsidiary Northwind ThermalTechnologies Canada Inc. and itssubsidiary Unicom ThermalTechnologies Inc. Northwind MidwayLLC is a subsidiary of UTT NationalPower Inc. UTT Nevada Inc. holds a75% membership interest in NorthwindAladdin LLC, and a 50% membershipinterest in Northwind Las Vegas LLC.UT holds a 50% membership interest inNorthwind Chicago LLC. UTT Phoenix,Inc. holds 50% membership interests inNorthwind Arizona Development LLCand in Northwind Phoenix LLC.

OthersUnicom Power Holdings Inc., Unicom

HealthCare Management Inc., UnicomResources Inc. (inactive), and UnicomAssurance Company Limited (‘‘UACL’’),a direct subsidiary of Unicom.

Subsidiaries of Commonwealth Edison

Special Purpose Financing Subsidiaries/Trusts

ComEd Financing I, ComEd FinancingII, ComEd Funding, LLC, ComEdTransitional Funding Trust, and EdisonFinance Partnership.

Real Estate/Real Estate Joint VenturesEdison Development Company owns

50% of Lincoln Commerce Center, theCommerce Distribution Center Jointventure, the Concepts II Building jointventure, and the Concepts III Buildingjoint venture.

OthersCommonwealth Research

Corporation, Concomber Ltd., andEdison Development Canada Inc.

Non-Subsidiary investments of UnicomExcept for Pantellos Corporation, of

which Unicom owns 5.4% of the equity,Unicom has less than 5% of thecommon stock of the following entities:Apeco Corporation, Chicago CommunityVentures, Inc., Chicago Equity Fund,Dearborn Park Corporation, I.L.P. FundC/O Chicago Capital Fund, IllinoisVenture Fund (Unibanc Trust), BostonFinancial Institutional Tax Credit FundX, Related Corporate Partners IV. L.P.,Boston Financial Institutional TaxCredit Fund XIX, Related to CorporatePartners XII, L.P., Boston Capital Corp.XIV, Boston Financial Institutional TaxCredit Fund XXI, Related CorporatePartners XIV, L.P., Summit CorporateTax Credit Fund II, USA InstitutionalTax Credit Fund XXII, PantellosCorporation (5.4% of the equity),



1 Section 12(f) of the Securities Exchange Act of1934 (‘‘Act’’) describes the circumstances underwhich an exchange may trade a security that is notlisted on the exchange, i.e., by extending unlistedtrading privileges (‘‘UTP’’) to the security. See 15U.S.C. 78l(f). Section 12(f) required exchanges toapply to the Commission before extending UPT toany security. In order to approve an exchange UTPapplication for a registered security not listed onany exchange (‘‘OTC/UTP’’), Section 12(f) requiredthe Commission to determine that various criteriahad been met concerning fair and orderly markets,the protection of investors, and certain nationalmarket initiatives. Section 12(f) was amended onOctober 22, 1994, the amendment removed theapplication requirement. OTC/UTP is now allowedonly purusant to a Commission order or rule, whichis to be issued or promulgated under essentially thesame standards that previously applied toCommission review of UTP applications. Thepresent order fulfills these Section 12(f)requirements.

2 The signatories to the Plan, i.e., the NASD, theCHX (previously, the Midwest Stock Exchange,Inc.), the PHLX, and the BSE, are the‘‘Participants.’’ The BSE, however, joined the Planas a ‘‘Limited Participant,’’ and reports quotationinformation and transaction reports only in Nasdaq/NM securities listed on the BSE. Originally, theAmerican Stock Exchange, Inc., was a Participantto the Plan, but did not trade securities pursuant tothe Plan, and withdrew from participation in thePlan in August 1994.

Automated Power Exchange, UTECHClimate Challenge Fund, L.P., UtilityCompetitive Advantage Fund I, LLC andUtility Competitive Advantage Fund II,LLC

Subsidiaries and Investment of PECO

Financing SubsidiariesThe following are special purpose

financing subsidiaries: PECO EnergyCapital Corp. (PECC); PECO EnergyCapital, L.P. (PECLP) (3% is held byPECC); PECO Energy Capital Corp. Trust2; PECO Energy Capital Corp. Trust 3;PECO Energy Transition Trust (PETT);ATNP Finance Company (ATNP),wholly-owned by PECO Wireless, LLC(PEWI); and PEC Financial Services,LLC (PEC), which is wholly-owned byPEWI.

Exempt Wholesale GeneratorsAmerGen Energy Company, LLC (50%

LLC membership interest held byPECO); AmerGen Vermont, LLC (ownedby AmerGen).

Telecommunications CompaniesPECO Wireless, LLC (PEWI) is a

wholly-owned LLC which serves as aholding company of PECO’stelecommunications ventures andinterests. AT&T Wireless PCS ofPhiladelphia, LLC (PPC), in which PEWIholds a 49% LLC membership interest,is a joint venture with AT&T WirelessServices. PECO HyperionTelecommunications (d/b/a PECOAdelphia Communications) is a generalpartnership in which PECO is a 50%partner.

Real Estate CompaniesEastern Pennsylvania Development

Company (EPDC), EPDC owns AdwinRealty Company

InvestmentsEnergy Assets (f/k/a Energy

Performance Services, Inc., f/k/a HeatacEnergy) (EDPC owns a 10% interest);Adwin (Schuykill) Cogeneration, Inc.(inactive); Utility CompetitiveAdvantage Fund I, LLC, (11%ownership interest); Enertech CapitalPartners II (6.4% ownership interest);Energy Trading Company (ETC),wholly-owned by PECO, holds interestsin: (1) WorldWide Web NetworXCorporation and (2) Entrade, Inc.;Exelon Ventures Corp., wholly-ownedby PECO, is currently the holdingcompany of Exelon Capital Partners.Exelon Ventures owns: UniGridEnergyLCC, a 50% joint venture and ExelonCapital Partners, Inc. Exelon CapitalPartners, Inc. holds (1) a 12% interest inExtant, Inc., (2) a 14.9% interest inPermits Now (f/k/a Softcomp), (3) a 50%

interest in CIC Global, LLC, (4) a ∼16.8% interest in VITTS Network GroupInc., (5) a 34.88% interest (preferredstock) in OmniChoice.com, Inc. and (6)$500,000 of financing to Exotrope.

Infrastructure Service Companies

Exelon Infrastructure Services, Inc.(EIS), owned approximately 95% byPECO, directly or indirectly holds all ofthe following companies: ExelonInfrastructure Services of PA, Inc.,Chowns Communications, Inc. (CCI),Fischbach and Moore Electric, Inc.,Syracuse Merit Electric, Inc.,NEWCOTRA, Inc., Fischbach and MooreElectric, Incorporated (FMI), Fischbachand Moore Electical Contracting, Inc.,T.H. Green Electric Co., Inc., TrinityIndustries, Inc., OSP Consultants, Inc.,International Communications Services,Inc., OSP Inc., OSP Servicios, S.A. deC.V. (Mexico), OSP Telecom, Inc., OSPTelcomm de Mexico, S.A. de C.V.(Mexico), OSP Telcom de Colombia,LTDA (in the process of liquidation),OSP Telecommunications, Ltd.(Bermuda), RJE Telecom, Inc., UtilityLocate & Mapping Services, Inc.,Dashiell Holdings Corp., DashiellCorporation, Dacon Corporation, VSIGroup Inc., International Vital SolutionsGroup, Inc., Michigan TrenchingService, Inc., and Lyons Equipment, Inc.The OSP foreign subsidiaries areinactive.

Other Energy Services Companies

Adwin Equipment Company (AECO),Horizon Energy Company (f/k/a PECOGas Supply Company) (inactive), andEast Coast Natural Gas Cooperative, LLP(16.66% LLP interest).

Miscellaneous Companies

Exelon Corporation (f/k/aNEWHOLDCO Corporation f/k/a PECOEnergy Corporation), a wholly-ownedinactive subsidiary of PECO willbecome the parent registered holdingcompany in the Exelon system upon theconsummation of the Merger, Exelon(Fossil) Holdings, Inc. (inactive), andThe Proprietors of the SusquehannaCanal (inactive).[FR Doc. 00–21751 Filed 8–24–00; 8:45 am]



[Release No. 34–43165; File No. S7–24–89]

Joint Industry Plan; Solicitation ofComments and Order ApprovingAmendment No. 11 to Reporting Planfor Nasdaq/National Market SecuritiesTraded on an Exchange on an Unlistedor Listed Basis, Submitted by theNational Association of SecuritiesDealers, Inc., and the Boston, Chicago,Philadelphia, and Cincinnati StockExchanges and the Pacific Exchange

August 16, 2000.

I. IntroductionOn July 5, 2000, the National

Association of Securities Dealers, Inc.(‘‘NASD’’), on behalf of itself and theBoston Stock Exchange, Inc. (‘‘BSE’’) theChicago Stock Exchange, Inc. (‘‘CHX’’),the Philadelphia Stock Exchange, Inc.(‘‘PHLX’’), the Pacific Exchange (‘‘PCX’’)and the Cincinnati Stock Exchange(‘‘Cincinnati’’) submitted to theSecurities and Exchange Commission(‘‘Commission’’ or ‘‘SEC’’) AmendmentNo. 11 to a joint transaction reportingplan (‘‘Plan’’) 1 for Nasdaq/NationalMarket (‘‘Nasdaq/NM’’) (previouslyreferred to as Nasdaq/NMS) securitiestraded on an exchange on an unlisted orlisted basis.2 This notice and orderapproves the amendment, which wouldadd PCX as a Participant to the Plan andmake a change to the section of the Planentitled ‘‘Symbols for MarketIdentification for Quotation Informationand Transaction Reports’’ to indicate



3 See Securities Exchange Act Release No. 28146(June 26, 1990), 55 FR 27917 (July 6, 1990) (‘‘1990Approval Order’’).

4 See Section 12(f)(2) of the Act. See alsoDecember 1998 Extension Order, infra note 6, fora more in depth description of the Plan.

5 See letter from David T. Rusoff, Foley & Lardner,to Betsy Prout, Division of Market Regulation SEC,dated May 9, 1994.

6 See Securities Exchange Act Release No. 34371(July 13, 1994), 59 FR 37103 (July 20, 1994);Securities Exchange Act Release No. 35221 (January11, 1995), 60 FR 3886 (January 19, 1995); SecuritiesExchange Act Release No. 36102 (August 14, 1995),60 FR 43626 (August 22, 1995); Securities ExchangeAct Release No. 36226 (September 13, 1995), 60 FR40929 (September 21, 1995); Securities ExchangeAct Release No. 36368 (October 13, 1995), 60 FR54091 (October 19, 1995); Securities Exchange ActRelease No. 36481 (November 13, 1995), 60 FR58119 (November 24, 1995); Securities ExchangeAct Release No. 36589 (December 13, 1995), 60 FR65696 (December 20 1995); Securities Exchange ActRelease No. 36650 (December 28, 1995), 61 FR 358(January 4, 1996); Securities Exchange Act ReleaseNo. 36934 (March 6, 1996), 61 FR 10408 (March 13,1996); Securities Exchange Act Release No. 36985(March 18, 1996), 61 FR 12122 (March 25, 1996);Securities Exchange Act Release 37689 (September16, 1996), 61 FR 50058 (September 24, 1996);Securities Exchange Act Release No. 37772 (October1, 1996), 61 FR 52980 (October 9, 1996); SecuritiesExchange Act Release No. 38457 (March 31, 1997)62 FR 16880 (April 8, 1997; Securities ExchangeAct Release No. 38794 (June 30, 1997) 62 FR 36586(July 8, 1997); Securities Exchange Act Release No.39505 (December 31, 1997) 63 FR 1515 (January 9,1998); Securities Exchange Act Release No. 40151(July 1, 1998) 63 FR 36979 (July 8, 1998); SecuritiesExchange Act Release No. 40869 (December 31,1998), 64 FR 1834 (January 12, 1999) (‘‘December1998 Extension Order’’); Securities Exchange ActRelease No. 41392 (May 12, 1999), 64 FR 27839(May 21, 1999) (‘‘May 1999 Approval Order’’);Securities Exchange Act Release No. 42268(December 23, 1999) 65 FR 1202 (January 7, 2000);and Securities Exchange Act Release No. 43005(June 30, 2000) 65 FR 42411 (July 10, 2000).

7 The Plan defines ‘‘eligible security’’ as anyNasdaq/NM security as to which unlisted trading

privileges have been granted to a national securitiesexchange pursuant to Section 12(f) of the Act or thatis listed on a national securities exchange. On May12, 1999, the Commission expanded the number ofeligible Nasdaq/NM securities that may be tradedby the CHX pursuant to the Plan from 500 to 1000.See May 1999 Approval Order, supra note 6.

8 The full text of the Plan, as well as a ‘‘ConceptPaper’’ describing the requirements of the Plan, arecontained in the original filing which is availablefor inspection and copying in the Commission’spublic reference room.

9 15 U.S.C. 78k–1. In approving this amendment,the Commission has considered the amendment’simpact on efficiency, competition, and capitalformations. 15 U.S.C. 78(c)(f).

10 15 U.S.C. 78k–1(a)(1)(C)(ii).11 See supra note 3.

that PCX should be referred to as‘‘Pacific Stock Exchange.’’

II. BackgroundThe Commission originally approved

the Plan on June 26, 1990.3 The Plangoverns the collection, consolidationand dissemination of quotation andtransaction information for Nasdaq/NMsecurities listed on an exchange ortraded on an exchange pursuant to agrant of UTP.4 The Commissionoriginally approved trading pursuant tothe Plan on a one-year pilot basis, withthe pilot period to commence whentransaction reporting pursuant to thePlan commenced. Accordingly, the pilotperiod commenced on July 12, 1993.5The Plan has since been in operation onan extended pilot basis.6

III. Description of the PlanThe Plan provides for the collection

from Plan Participants and theconsolidation and dissemination ofvendors, subscribers and others ofquotation and transaction informationin ‘‘eligible securities.’’ 7 The Plan

contains various provisions concerningits operation, including: Implementationof the Plan; Manner of Collecting,Processing, Sequencing, MakingAvailable and Disseminating Last SaleInformation; Reporting Requirements(including hours of operation);Standards and Methods of EnsuringPromptness, Accuracy andCompleteness of Transaction Reports;Terms and Conditions of Access;Description of Operation of FacilityContemplating by the Plan; Method andFrequency of Processor Evaluation;Written Understandings of AgreementsRelating to Interpretation of, orParticipation in, the Plan; Calculation ofthe Best Bid and Offer; DisputeResolution, and Method ofDetermination and Imposition, andAmount of Fees and Charges.8

IV. Discussion

The Commission finds that it isconsistent with Section 11A 9 of the Actto add PCX as a Participant to the Planand to change the section of the Planentitled ‘‘Symbols for MarketIdentification for Quotation Informationand Transaction Reports’’ to indicatethat PCX should be referred to as‘‘Pacific Exchange’’ instead of ‘‘PacificStock Exchange.’’ Section 11A directsthe Commission to facilitate thedevelopment of a national marketsystem for securities, ‘‘having dueregard for the public interest, theprotection of investors, and themaintenance of fair and orderlymarkets,’’ and cities as an objective ofthat system the ‘‘fair competition * * *between exchange markets and marketsother than exchange markets.’’ 10 Whenthe Commission first approved the planon a pilot basis, it found that the Plan‘‘should enhance market efficiency andfair competition, avoid investorconfusion, and facilitate surveillance ofconcurrent exchange and OTCtrading.’’ 11 The Commission now findsthat adding a Participant to the Planfurthers these same goals.

Section 1C of the Plan provides thata national securities exchange in whosemarket eligible securities becometraded, may become a Participant,provided that the exchange executes acopy of the Plan and pays its share ofdevelopment costs as specified inSection XIV of the Plan. PCX has filedan executed copy of the Plan with theCommission, and the Participants haverepresented to the Commission that PCXhas paid its share of the developmentcosts specified in Section XIV of thePlan. Accordingly, the Commissionfinds that the PCX has satisfied therequirements listed in the Plan tobecome a Participant.

The Commission also finds that thetechnical amendment to the Plan isconsistent with the Act. TheCommission believes that the Planshould accurately reflect theParticipants. Thus, it is appropriate thatall references to the Pacific StockExchange are changed to the PacificExchange.

V. Solicitation of Comment

Interested persons are invited tosubmit written data, views andarguments concerning the foregoing,including whether the proposedamendment is consistent with the Act.Persons making written submissionsshould file six copies thereof with theSecretary, Securities and ExchangeCommission, 450 Fifth Street, N.W.,Washington, D.C. 20549–0609. Copies ofthe submission, all subsequentamendments, all written statementswith respect to the proposedamendment that are filed with theCommission, and all writtencommunications relating to theproposed amendment between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying atthe Commission’s Public ReferenceRoom. All submissions should refer toFile No. S7–24–89 and should besubmitted by September 15, 2000.

VI. Conclusion

It Is Therefore Ordered, pursuant toSections 12(f) and 11A of the Act andparagraph (c)(2) of Rule 11Aa3–2thereunder, that Amendment No. 11 tothe Plan, is approved.



12 17 CFR 200.30–3(a)(29).1 15 U.S.C. 78s(a).2 Letter from Merrie Faye Witkin, Assistant

Secretary, EMCC (July 7, 2000).3 15 U.S.C. 78q–1(b) and 78s(a)(1).4 17 CFR 240.17Ab2–1.5 Securities Exchange Act Release No. 39661

(February 13, 1998), 63 FR 8711 (‘‘RegistrationOrder’’).

6 Securities Exchange Act Release No. 41733(August 12, 1999), 64 FR 44982.

7 Brady bonds are restructured bank loans. Theywere first issued pursuant to a plan developed bythen U.S. Treasury Secretary Nicholas Brady toassist debt-ridden countries restructure theirsovereign debt into commercially marketablesecurities. The plan provided for the exchange ofbank loans for collateralized debt securities as partof an internationally supported sovereign debtrestructuring. Typically, the collateral would beU.S. Treasury securities.

8 Securities Exchange Act Release Nos. 41618(July 14, 1999), 64 FR 39181 and 40363 (August 25,1998), 63 FR 46263.

9 EMCC 1999 Annual Report.10 Registration Order at 8716.11 Registration Order at 8720.12 Securities Exchange Act Release Nos. 41247

(April 2, 1999), 64 FR 17705 (April 12, 1999) and41415 (May 17, 1999), 64 FR 27841 (May 21, 1999).

13 15 U.S.C. 78s(a)(1).14 17 CFR 200.30–3(a)(16)

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.12

Margaret H. McFarland,Deputy Secretary.[FR Doc. 00–21744 Filed 8–24–00; 8:45 am]BILLING CODE 8010–01–M


[Release 34–43182; File No. 600–23;International Series Release No. 1230]

Self-Regulatory Organizations;Emerging Markets ClearingCorporation; Notice of Filing and OrderApproving a Request for an Extensionof Temporary Registration as aClearing Agency

August 18, 2000.Notice is hereby given that on July 10,

2000, the Emerging Markets ClearingCorporation (‘‘EMCC’’) filed with theSecurities and Exchange Commission(‘‘Commission’’) an applicationpursuant to Section 19(a) of theSecurities Exchange Act of 1934(‘‘Act’’)1 requesting that the Commissionextend EMCC’s temporary registrationas a clearing agency.2 The Commissionis publishing this notice and order tosolicit comments from interestedpersons and to extend EMCC’stemporary registration as a clearingagency through August 31, 2001.

On February 13, 1998, pursuant toSections 17A(b) and 19(a)(1) of the Act 3

and Rule 17Ab2–1 promulgatedthereunder,4 the Commission grantedEMCC’s application for registration as aclearing agency until August 20, 1999.5The Commission subsequently extendedEMCC’s registration as a clearing agencyuntil August 20, 2000.6 EMCC wascreated to facilitate the clearance andsettlement of transactions in U.S. dollardenominated Brady Bonds.7 Since thattime, EMCC has added certain sovereign

debt to the list of eligible securities thatmay be cleared and settled at EMCC.8

EMCC began operating on April 6,1998, with ten dealer members. EMCCcurrently has 21 members. During 1999,EMCC’s members achieved an averagetrade-date matching rate of 89 percentand an average settlement-date successrate of over 92 percent.9

As part of EMCC’s initial temporaryregistration, the Commission grantedEMCC temporary exemption fromSection 17A(b)(3)(B) of the Act becauseEMCC did not provide for the admissionof some of the categories of membersrequired by that section.10 To date,EMCC continues to limit the categoriesof entities eligible for membership toU.S. broker-dealers, United Kingdombroker-dealers, U.S. banks, and non-U.S.banks. As the Commission noted in theRegistration Order, the Commissionbelieves that providing for limitedcategories of members is appropriate atleast during a clearing agencies initialphases of operations especially when noone in a category not covered by EMCCdesires to be a member. Accordingly,the Commission is extending EMCC’stemporary exemption from Section17A(b)(3)(B).

The Commission also granted EMCC atemporary exemption from Sections17A(b)(3)(A) and 17A(b)(3)(F) of the Actto permit EMCC to use, subject tocertain limitations, ten percent of itsclearing fund to collateralize a line ofcredit at Euroclear to finance on anintraday basis the receipt by EMCC ofeligible instruments from one memberthat EMCC will redeliver to anothermember.11 The Registration Orderlimited EMCC’s use of clearing funddeposits for this intraday financing tothe earlier of one year after EMCCcommenced operations or the date onwhich EMCC begins its netting service.On April 2, and May 17, 1999, theCommission approved rule changes thatpermitted EMCC to implement a nettingservice and that extended EMCC’sability to use clearing fund deposits forintraday financing at Euroclear until allEMCC members are netting members (asopposed to the date on which nettingservices were made available or EMCC’sfirst anniversary).12 Accordingly, theCommission is extending EMCC’s

temporary exemption from Section17A(b)(3) (A) and (F).

Interested persons are invited tosubmit written data, views, andarguments concerning the foregoingapplication. Such written data, views,and arguments will be considered by theCommission in granting registration orinstituting proceedings to determinewhether registration should be deniedin accordance with Section 19(a)(1) ofthe Act.13 Persons making writtensubmissions should file six copiesthereof with the Secretary, Securitiesand Exchange Commission, 450 FifthStreet, NW, Washington, DC 20549–0609. Copies of the amendedapplication for registration and allwritten comments will be available forinspection at the Commission’s PublicReference Room, 450 Fifth Street, NW,Washington, DC 20549. All submissionsshould refer to File No. 600–30 andshould be submitted by September 15,2000.

It Is Therefore Ordered, pursuant toSection 19(a) of the Act, that EMCC’sregistration as a clearing agency (FileNo. 600–30) be and hereby istemporarily approved through August31, 2001.

For the Commission by the Division ofMarket Regulation, pursuant to delegatedauthority.14



[Release No. 34–43186; File No. SR–CBOE–99–37]

Self-Regulatory Organizations;Chicago Board Options Exchange,Inc.; Order Approving Proposed RuleChange and Notice of Filing and OrderGranting Accelerated Approval toAmendment Nos. 2 and 3 to theProposed Rule Change Establishing aMembership Ownership Requirementand a Capitalization Transfer FeeApplicable to Designated PrimaryMarket Makers

August 21, 2000.

I. IntroductionOn July 9, 1999, the Chicago Board

Options Exchange, Inc. (‘‘CBOE’’ or‘‘Exchange’’) submitted to the Securitiesand Exchange Commission (‘‘SEC’’ or‘‘Commission’’), pursuant to Section19(b)(1) of the Securities Exchange Act



1 15 U.S.C. 78s(b)(1).2 17 CFR 240.19b–4.3 Letter from Arthur B. Reinstein, Assistant

General Counsel, CBOE, to Kelly Riley, Attorney,Division of Market Regulation (‘‘Division’’), SEC,dated July 12, 1999 (‘‘Amendment No. 1’’).

4 Securities Exchange Act Release No. 41872(September 13, 1999), 64 FR 51158.

5 See note 8 infra.6 Letter from Arthur B. Reinstein, Assistant

General Counsel, CBOE, to Kelly Riley, Attorney,Division, SEC, dated December 17, 1999(‘‘Amendment No. 2’’). In Amendment No. 2, theExchange amended the proposed transfer fee toprovide that options traded on other exchangesbefore June 29, 1999 that have been allocated toDPMs will not be considered when determiningwhether the proposed transfer fee applies to acapitalization transfer. In addition, the Exchangeclarified its use of the multiplier of two in one ofthe proposed transfer fee formulas. Finally, theCBOE committed that it would not considerfinancial information that relates to a DPM’s non-DPM business activities in the calculation of thecapitalization transfer fee.

7 See letter from Arthur B. Reinstein, AssociateGeneral Counsel, CBOE, to Kelly Riley, Division,SEC, dated August 8, 2000 (‘‘Amendment No. 3’’).In Amendment No. 3, the CBOE proposed torenumber the proposed rules so that they areconsistent with the current CBOE rules.

8 See letters to Kelly Riley, Attorney, Division,SEC, from Lee E. Tenzer, Chairman, Lee E. TenzerTrading Company, dated January 20, 2000 (‘‘TenzerLetter’’); Thomas Bartlett, Managing Partner, TradeMark Financial Group, dated February 11, 2000(‘‘Bartlett Letter’’); Jack Callahan, Callahan DPM,LLC, dated February 12, 2000 (‘‘Callahan Letter’’);John M. Saliba, Managing Member, Saliba PartnersDPM, dated February 14, 2000 (‘‘Saliba Letter’’);Ethan Schwartz, Schwartz Trading Group LLC,dated February 16, 2000 (‘‘Schwartz Letter’’); KeithHoglung, General Partner, Rathunas Trading, L.L.C.,dated February 26, 2000 (‘‘Hoglund Letter’’);Thomas M. O’Donnell, Member, Specialist DPM,LLC, dated February 17, 2000 (‘‘O’Donnell Letter’’);Ed Zareck and Michael Hoban, General Partners,ZH Partners, JV, dated February 27, 2000 (‘‘ZHPartners Letter’’); Joseph Feldman, Partner,Bridgeport Securities and Bridge port DPM, L.L.C.,dated February 17, 2000 (‘‘Feldman Letter’’);Michael R. Benson and Edward V. Dolinar,Managing Members, Big Blue Trading LLC, datedFebruary 17, 2000 (‘‘Big Blue Letter’’); Randy Emer,Managing Partner, Eclipe JV, dated February 17,2000 (‘‘Emer Letter’’); Jeff Cesarone, Terry Herlihy,Robert Maine, Robert Murphy, John Witten andScott Witten, Members, Hiland Capital I, LLC/DPM,dated February 17, 2000 (‘‘Hiland Letter’’); DanielF. O’Neill and Peter J. Gancer, Managing Members,Midway Securities, L.L.C., dated February 17, 2000(‘‘Midway Letter’’); Timothy J. Werner, Member,RTB Derivates L.L.C., undated, received February18, 2000 (‘‘Werner Letter’’); William J. Gorman andOrlando Alfonso, Partners, Copper Trading J.V., andWilliam Johnson, Partner, Johnson Trading, J.V.,dated February 18, 2000 (‘‘Cooper-Johnson Letter’’);Jim Murphy, Managing Partner, Option FundingGroup, LP, dated February 18, 2000 (‘‘MurphyLetter’’); Jeff Melgard, Prime Markets Group, LLC,dated February 18, 2000 (‘‘Melgard Letter’’); JesseStamer, TradeNet, LLC, dated February 18, 2000(‘‘Stamer Letter’’); and Daniel Koutris, ManagingMember, KFT DPM, LLC, et al., Members of theBoard of the DPM Members Association of theCBOE, dated February 15, 2000 (‘‘DPM BoardMembers Letter’’); Copies of the comment letters areavailable in the Commission’s Public ReferenceRoom in File No. SR–CBOE–99–37.

9 See letter from Arthur B. Reinstein, AssistantGeneral Counsel, CBOE, to Kelly Riley, Attorney,Division, SEC, dated April 18, 2000 (‘‘CBOEResponse’’).

10 See Hoglund Letter; Feldman Letter; and DPMBoard Members Letter.

11 See Tenzer Letter; Schwartz Letter; MurphyLetter; Stamer Letter; and DPM Board MembersLetter.

of 1934 (‘‘Act’’),1 and Rule 19b–4thereunder,2 a proposed rule changeadding provisions to the designatedprimary market maker (‘‘DPM’’)program. On July 13, 1999, theExchange submitted Amendment No. 1to the proposed rule change.3 Theproposed rule change was published inthe Federal Register on September 21,1999.4 The Commission received 19comment letters on the proposed rulechange.5 On December 20, 1999, theCBOE submitted Amendment No. 2 tothe proposed rule change.6 On August 9,2000, the CBOE submitted AmendmentNo. 3 to the proposed rule change.7 Thisorder approves the proposed rulechange and approves Amendment Nos.2 and 3 to the proposed rule change onan accelerated basis. The Commission isalso soliciting comment on AmendmentNos. 2 and 3 to the proposed rulechange.

II. Description of the Proposed RuleChange

The CBOE proposes two newrequirements for DPMs. The first willrequire that each DPM own at least oneExchange membership. The second willassess a transfer fee on a DPM thatundergoes a change in its capitalizationduring a set period of time.

A. Requirement That a DPM Own anExchange Membership

The Exchange proposes to addparagraph (e) to CBOE Rule 8.85, whichis the current rule governing theModified Trading System. This newproposal would require DPMs to own atleast one Exchange membership. Each

current DPM would have 18 monthsfrom the proposal’s effective date tosatisfy the ownership requirement. Theownership requirement may be satisfiedeither by owning a transferable regularCBOE membership, or a Chicago Boardof Trade full membership that iseffectively exercised pursuant to ArticleFifth of the CBOE’s Certificate ofIncorporation. A single membership,however, may not be used to satisfy theownership requirement for more thanone DPM. The ownership requirementwould be satisfied if a senior principalof a DPM owns the membership.

B. Assessment of Transfer FeeThe proposal also adds Interpretation

and Policy .02 to CBOE Rule 8.89.Under this Interpretation, the Exchangeproposes to assess a transfer fee onDPMs that undergo changes in itscapitalization during a determined five-year period. The transfer fee would onlybe assessed on those DPMs that havebeen allocated one or more optionsclasses that have traded on the CBOEprior to June 29, 1999. Furthermore, thetransfer fee would only be imposed onthose DPMs that have been allocated onpre-June 29, 1999 options class afterJune 29, 1999. The five-year periodwould begin as of the date of allocationto the DPM of the first pre-June 29, 1999option class.

The Exchange proposes to define achange in capitalization to include anysale, transfer, or assignment of anyownership interest in the DPM or anychange in the DPM’s capital structure,voting authority, or distribution ofprofits or losses.

As proposed, the transfer fee wouldgenerally be equivalent to an applicablepercentage of the larger of: (1) Thedollar amount of the change in a DPM’scapitalization attributable to pre-June29, 1999 option classes allocated to theDPM after June 29, 1999, or (2) the valueof the change in the DPM’scapitalization attributable to thebusiness gained because of the pre-June29, 1999 options class that was allocatedto the DPM after June 29, 1999, asdetermined by a formula forascertaining an approximate value ofthat portion of the transaction. Theapplicable percentage to be applied indetermining the transfer fee will be:50% in the first year of the five-yearperiod during which the DPM is subjectto this transfer fee, 40% in the secondyear, 30% in the third year, 20% in thefourth year, and 10% in the fifth year.

III. Summary of CommentsThe Commission received nineteen

comment letters opposing the proposedrule change. Eighteen were submitted by

DPMs, and one by members of the Boardof the DPM Members Association of theCBOE.8 The Exchange submitted oneletter in response.9

Three of the commenters stated thatthe proposed rule change had not beenadequately explained by the CBOE staff,and that it was broader in its scope thanthey had previously understood.10 Fivecommenters argued that the rule changewas actually meant to mollify or protectcertain members of the Exchange at theexpense of newer or smaller DPMs, andnot simply to ensure a long-termcommitment to the CBOE.11

In response to these objections, theExchange stated that the proposed rulechange was developed as part of aninitiative to expand its DPM system,after substantial input from theExchange membership, includingmeetings of each CBOE trading crowd



12 See CBOE Response.13 Id.14 Id.15 See Tenzer Letter; Emer Letter; Hoglund Letter,

Bartlett Letter; and DPM Board Members Letter.16 See DPM Board Members Letter.

17 See CBOE Response.18 See Tenzer Letter, Hiland Letter; Copper-

Johnson Letter, Bartlett Letter; and DPM BoardMembers Letter.

19 See Tenzer Letter; Saliba Letter; Murphy Letter;and DPM Board Members Letter.

20 See Hiland Letter; ZH Partners Letter; SalibaLetter; Copper-Johnson Letter; and Stamer Letter.

21 See CBOE Response.22 Id.23 In approving this proposal, the Commission has

considered its impact on efficiency, competition,and capital formation. 15 U.S.C. 78c(f).

24 15 U.S.C. 78f(b)(5).

and general open membership meetings.The CBOE stated that the initiativeincluded work by a task force ofseventeen members, four of whom wereamong the commenters now opposingthe rule. Finally, the CBOE noted thatthe rule change had been approved byits Board of Directors, and by itsmembership by a vote of 654 for, 372against, and 4 abstentions. The CBOEfurther noted that the proposed rulechange was approved by a vote of itsmembership before any allocation of thesubject option classes. The CBOEtherefore argued that DPMs thataccepted such allocations knew orshould have known of the rule.12

In response to the argument that therule had not been adequately explained,the CBOE noted that a circulardescribing the rule was distributed,which clearly stated that the fee wouldbe imposed for ‘‘any change incapitalization,’’ and that the text of theproposed rule itself defined what wouldconstitute such a change.13

Finally, the Exchange submitted thatthe rule was not meant to disadvantageany particular DPMs. The Exchangestressed that the proposed rule wasmeant to serve three purposes: (1) Toprovide an incentive for owners tosufficiently capitalize their DPMs; (2) toensure a long-term commitment to theCBOE; and (3) to return value to theCBOE for any sale of a valuable assetwhich the DPM received at no cost.14

Five commenters argued that theproposed rule change was poorlydrafted and vague. They stated thatthese deficiencies could lead tosubjective interpretation, and unevenapplication of the proposed rule.15 Oneletter argued, for example, that it wasnot clear whether a change in capitalstructure would include, or how theproposed fee formula would assess, theconversion of subordinated debt toequity, or a change of structure from apartnership to a limited liabilitycorporation.16

In response, the Exchange stated thatthe proposed rule, by its own terms, wasclear that it would apply to any changein a firm’s capitalization, including anysale, transfer, or assignment ofownership, or any change in its capitalstructure, voting authority, ordistribution of its profits or losses. TheExchange specified that the proposedrule would, therefore, apply to theconversion of consolidated debt to

equity, since this would involve achange in ownership. On the otherhand, so long as the DPM’s capitalstructure, voting, and profit and lossdistribution remained otherwise thesame, the conversion of a partnership toa limited liability corporation would notimplicate the fee, because there wouldbe not be a change in ownership.Finally, the Exchange asserted that themethods of calculation of the fee werealso clear, and noted that a DPM mayappeal an assessment of the fee to theExchange’s Appeals Committee, andfrom there to the CBOE’s Board ofDirectors.17

All the commenters asserted that theproposed rule change hindered DPMsfrom changing their business structuresin order to remain competitive. Theyargued that the proposed rule would, forexample, prevent a DPM from acquiringa strategic partner, or from rewarding anemployee with a share of ownership.Five of the commenters asserted that therule would disadvantage new DPMsrelative to older firms, and woulddisadvantage DPMS at the CBOErelative to specialists on otherExchanges, which do not have suchrules.18 Four commenters also arguedthat the proposed rule change woulddisadvantage the CBOE as well, becausefewer firms would be willing to become,or could effectively complete as,DPMs.19

Finally, five commenters argued thatthe proposed rule change could bedetrimental to customers. They assertedthat DPMs that could not acquire capitalwithout incurring the associated fee fora change in capital structure might notbe able to compete effective with otherDPMs or specialists on other Exchanges.These commenters stated that thiswould lead to a reduction incompetition, increasingly illiquidmarkets, and wider bid-ask spreads.20

In response to these objections, theCBOE argued that differing rules amongexchanges reflected competition andongoing efforts by each exchange tobetter serve its customers. The CBOEstated that the proposed rule did notprevent DPMs from raising capital, butmerely added to the cost of doing so.The Exchange stated that it hadcontemplated the effect of the proposedrule change on business at the CBOE,

but concluded that its benefitsoutweighed any potential costs.21

Finally the Exchange noted thatchanges to the proposed rule could beconsidered in the future, but assertedthat it should be approved now. TheExchange argued that, with greaterexperience applying the rule, its staffand affected DPMs could later proposechanges to the appropriate Exchangeauthorities, if necessary.22

IV. Discussion

After careful review, the Commissionfinds that the proposed rule change isconsistent with the requirements of theAct and the rules and regulationsthereunder applicable to a nationalsecurities exchange.23 In particular, theCommission believes that the proposalis consistent with Section 6(b)(5) of theAct,24 which requires, among otherthings, that the rules of an exchange bedesigned to promote just and equitableprinciples of trade, to removeimpediments to and perfect themechanism of a free and open market,and to protect investors and the publicinterest.

A. Membership Requirement

The proposed rule change will requireDPMs to own an Exchange membership.The Commission believes that thisownership requirement should providestability in the Exchange’s optionsmarket. By requiring each DPM to ownan Exchange membership, the Exchangeis seeking to ensure that DPMs have along-term commitment to the Exchange.The proposal should discourage entitiesfrom seeking short-term DPMappointments, which could bedisruptive to the trading of allocatedoptions classes, because DPMs will berequired to make a substantial financialcommitment to the Exchange. DPMsthat own a membership in the Exchangeshould be more willing to invest thetime, effort, and funding needed tobuild and foster a stable market placefor the trading of their allocated optionsclasses. This should provide enhancedtrading benefits to investors byincreasing liquidity and tradingstability. Moreover, the proposal shouldhelp to preserve the integrity of theExchange because DPMs will have avested interest in ensuring that theExchange maintains high standards.



25 The Commission notes that a DPM may still besubject to a transfer fee if it also has been allocatedan options class that traded on the CBOE beforeJune 29, 1999.

B. Capitalization Transfer Fee

The Commission finds that theproposed capitalization transfer fee isconsistent with the requirements of theAct because it also seeks to providestability to the DPM program on theCBOE. DPMs will be assessed a transferfee if it seeks to change its capitalizationduring the initial five years after it hasbeen allocated a pre-June 29, 1999options class. The transfer fee will onlyapply to business attributable to optionsclasses that have been trading on theCBOE before June 29, 1999 that havebeen allocated to a DPM after June 29,1999.

This proposal should discourageDPMs from seeking allocations inestablished options classes and thenquickly seeking to sell its interest toother parties. Allowing a DPM to sellthe established business of an allocatedoptions class may be inequitable to theExchange. Many existing options classeshave significant established order flowand contract volume that is notattributable to the newly appointedDPM’s efforts. It may be inequitable toallow a newly appointed DPM to profitfrom this order flow and contractvolume without having contributed toits development. Moreover, bydiscouraging DPMs from selling itsinterest in established options classes,the transfer fee should encourage long-term commitments to the Exchange,which should enhance stability in DPMallocated securities.

The transfer fee should also serve asan incentive to a DPM to ensure itsfinancial well-being. The transfer feeshould ensure that a DPM has sufficientcapital before seeking an allocation of apre-June 29, 1999 options class becauseduring the first five years afterallocation, it will be subject to asignificant transfer fee if the DPMshould require financial restructuring.This should help in providing investorswith a stable, liquid market in optionsclasses allocated to DPMs.

The Commission notes that thecomment letters received regarding thetransfer fee were all opposed to theproposed transfer fee. The Commissionhas carefully considered the issuesraised by the commenters but finds thatthe proposed transfer fee is consistentwith the requirements of the Act.

First, the Commission notes that theproposed transfer fee was approved bya majority of CBOE’s members. Thetransfer fee was developed as acomponent of the CBOE’s DPMexpansion initiative. According to theCBOE, the transfer fee, as part of theDPM expansion initiative, wasdeveloped with extensive member

input. Member input was secured byway of the Floor Directors Committee,which developed the initiative toexpand the DPM program, as well asgeneral membership meetings. Inaddition, a member task force wasconvened to further consider the DPMexpansion, including the transfer fee.Before the member vote, the CBOEdistributed an Information Circulardescribing the expansion of the DPMprogram, which included a descriptionof the proposed transfer fee andspecifically set forth the two proposedformulas. Further, the InformationCircular stated the proposed transfer feewould apply to ‘‘any change incapitalization of the firm.’’ Therefore,the Commission believes that themembers of the CBOE, which approvedthe proposal by a majority vote, weresufficiently informed of the proposaland its ramifications.

Second, the transfer fee will beapplied only to options allocated toDPMs after June 1999 that have optionstraded on the CBOE before June 29,1999. Thus, the CBOE has tailored thisproposed fee to apply only to DPMs thatare allocated options classes that haveestablished order flow on the CBOE.Further, according to the CBOE, eachDPM is notified before it is allocated anexisting option class. Moreover, a DPMcan choose not to apply to receiveallocations of existing CBOE optionsclasses and therefore, to not be subjectto the transfer fee.

Finally, the Commission notes thatthe Act does not mandate that the SROshave the same rules. On the contrary,each SRO is free to tailor its own rulesto meet the requirements of itsindividual marketplace, so long as itsrules are consistent with therequirements of the Act. In fact, one ofthe ways the SROs compete with oneanother for listings and members is byway of their individual businessstructures, which includes trading andmembership rules.

The Commission believes that theproposed transfer fee should provideincentives to DPMs that are allocatedexisting CBOE options to maintainsufficient capital to operate as a DPM,which should result in greater liquidityand investor protections in thoseoptions classes. Further, the CBOE hasan interest in securing long-termcommitments to the Exchange becausemembers that are committed to theExchange should have greater incentivesto ensure the orderly and effectiveoperation of the market. Finally, theCommission recognizes that the existingorder flow in options classes that havetraded on the Exchange for a period oftime is a valuable commodity for which

the Exchange and its members are notcompensated by the DPMS allocatedsuch classes. Thus, the Commissionfinds that it is reasonable for theExchange to limit the compensation thata DPM may receive by virtue of acapitalization change for those optionsclasses that have business that wasestablished by a person or entities otherthan the DPM.

C. Amendment Nos. 2 and 3

The Commission finds good cause forapproving Amendment Nos. 2 and 3 tothe proposed rule change prior to thethirtieth day after the date ofpublication of notice thereof in theFederal Register. The Commission notesthat in Amendment No. 2, the CBOEproposed to narrow the application ofthe transfer fee to apply to capitalizationchanges of DPMs that have beenallocated options classes traded only onthe CBOE before June 29, 1999. DPMsthat have been allocated options classestraded on other options exchangesbefore June 29, 1999 will not be subjectto a transfer fee on the businessgenerated by such options. 25 TheCommission believes that thisamendment is reasonable because aDPM that has been allocated an optionsclass that is new to the CBOE but thatmay have traded on another exchangemay have to expend significant time andresources to establish order flow andcontract volume on the CBOE.Therefore, applying the transfer fee tooptions classes that have traded onanother options exchange does not raisethe same inequitable concerns thatmaybe raised by a capitalization transferafter an allocation of an establishedCBOE options class.

Amendment No. 2 also clarifies thatwhen calculating the transfer fee, theExchange will not consider financialinformation that is reflected in theFOCUS Data Reports that does not relateto a DPM’s business as such. TheCommission believes that it isappropriate to exclude this financialinformation because it does not relate tothe DPM’s business in allocated optionsclasses or its profitability per contract inan allocated options class.

Finally, Amendment No. 2 clarifiesthe use of the multiplier of two in oneof the transfer fee formulas. Accordingto the Exchange, this type of multiplieris frequently used in the industry whendetermining the value of a DPM’sbusiness. The multiplier is, in essence,an multiple of earnings and is intended



26 15 U.S.C. 78f(b)(5).27 15 U. S.C. 78s(b).28 See Securities Exchange Act Release No. 43004

(June 30, 2000), 65 FR 43060 (July 12, 2000).29 15 U.S.C. 78f(b)(5).30 15 U.S.C. 78s(b).

31 15 U.S.C. 78s(b)(2).32 17 CFR 200.30–3(a)(12).1 15 U.S.C. 78s(b)(1).2 17 CFR 240.19b–4.3 See letter from Timothy Thompson, Assistant

General Counsel, Legal Department, CBOE, to KellyRiley, Division of Market Regulation, SEC, datedAugust 9, 2000 (‘‘Amendment No. 1’’). InAmendment No. 1, the CBOE clarified the purposesection and set forth its anticipated implementationschedule.

4 In most cases, staff of the DPM operates Ebookfor the option classes assigned to them.

5 The Commission approved the Exchange’s LiveAmmo processing system on a pilot basis earlierthis year. The pilot expires October 31, 2000.Securities Exchange Act Release No. 42379(February 2, 2000), 65 FR 6665 (February 10, 2000)(File No. SR–CBOE–98–27).

to represent two calendar years ofassumed DPM operation. TheCommission finds that the use of thismultiplier to determine the value of aDPM’s business as such is reasonablebecause it seeks to approximate themultiple of earnings that parties utilizeto value DPM units in the marketplace.

Since Amendment No. 2 onlymodifies that the scope and clarifies theapplication of the proposed rule change,but did not change the intent of theproposal, the Commission believes thatgood cause exists, consistent withSections(b)(5) 26 and 19(b) of the Act 27

to accelerate approval of AmendmentNo. 2.

In Amendment No. 3, the CBOEproposed to renumber the proposedrules to make them consistent withrecently approve changes to the CBOE’sDPM rules. 28 The CBOE did not makesubstantive changes to the proposedrules in Amendment No. 3. Therefore,the Commission believes that goodcause exists, consistent with Sections6(b)(5) 29 and 19(b) of the Act, 30 toapprove Amendment No. 3 on anaccelerated basis.

V. Solicitation of Comments

Interested persons are invited tosubmit written data, views, andarguments concerning Amendment Nos.2 and 3, including whether theamendments are consistent with theAct. Persons making writtensubmissions should file six copiesthereof with the Secretary, Securitiesand Exchange Commission, 450 FifthStreet, N.W., Washington, D.C. 20549–0609. Copies of the submission, allsubsequent amendments, all writtenstatements with respect to the proposedrule change that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying inthe Commission’s Public ReferenceRoom. Copies of such filing will also beavailable for inspection and copying atthe principal office of the CBOE. Allsubmissions should refer to File No.SR–CBOE–99–37 and should besubmitted by September 15, 2000.

VI. Conclusion

It Is Therefore Ordered, pursuant toSection 19(b)(2) of the Act, 31 that theamended proposed rule change (SR–CBOE–99–37) is approved.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority. 32

Margaret H. McFarland,Deputy Secretary.[FR Doc. 00–21741 Filed 8–24–00; 8:45 am]



[Release No. 34–43185; File No. SR–CBOE–00–30]

Self-Regulatory Organizations; Noticeof Filing and Immediate Effectivenessof Proposed Rule Change by theChicago Board Options Exchange,Inc., Relating to the Routing of CancelReplace Orders

August 21, 2000.

Pursuant to Section 19(b)(1) of theSecurities Exchange Act of 1934(‘‘Act’’),1 and Rule 19b–4 thereunder,2notice is hereby given that on July 14,2000, the Chicago Board OptionsExchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’)filed with the Securities and ExchangeCommission (‘‘SEC’’ or ‘‘Commission’’)the proposed rule change as describedin Items I, II, and III below, which Itemshave been prepared by the CBOE. OnAugust 10, 2000, the CBOE submittedAmendment No. 1 to the proposed rulechange.3 The Commission is publishingthis notice to solicit comments on theproposed rule change from interestedpersons.

I. Self-Regulatory Organization’sStatement of the Terms of Substance ofthe Proposed Rule Change

The Exchange proposes to implementa systems change to its Order RoutingSystem (‘‘ORS’’) to provide for theautomatic rerouting of cancel replaceorders.

II. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

In its filing with the Commission, theCBOE included statements concerningthe purpose of and basis for theproposed rule change and discussed anycomments it received on the proposedrule change. The text of these statementsmay be examined at the places specifiedin Item IV below. The CBOE hasprepared summaries, set forth insections A, B, and C below, of the mostsignificant aspects of such statements.

A. Self-Regulatory Organization’sStatement of the Purpose of andStatutory Basis for, Proposed RuleChange

1. Purpose

The purpose of the proposed rulechange is to implement a systemschange to provide for the automaticrerouting of cancel replace orders.

a. Background. Currently, whenorders residing on the Exchange’selectronic book (‘‘Ebook’’) are replacedat the market, the original order will becanceled and the marketable replaceorder will be placed on the ‘‘LiveAmmo’’ trading screen. Previously, thismarketable replace order has waited onthe Live Ammo screen until, one by one,each order was traded. The replaceorder was not immediately displayed aspart of the best book bid or ask, and wasnot reflected in the market quote untilthe order was individually addressed byeither the designated primary marketmaker (‘‘DPM’’) or order book official(‘‘OBO’’) handling the Ebook.4

To provide for certain of these LiveAmmo orders to be addressed in a moreautomated and expedited fashion, theExchange developed a system 5 thatallows for a Live Ammo order (or agroup of Live Ammo orders) to bemanually selected by the DPM or OBO.Once selected, the system developed bythe Exchange evaluates each selectedorder and routes it to one of threelocations depending on the routingparameters then in place and the termsof the particular order. If the order ismarketable and otherwise meets all ofthe eligibility criteria for execution onthe Exchange’s Retail AutomaticExecution Systems (‘‘RAES’’), the orderwill be routed to RAES and executed



6 See supra note 5.7 See Securities Act Release No. 41995 (October

8, 1999), 64 FR 56547 (October 20, 1999).8 See supra note 5.

9 According to the Exchange, although themajority of orders on the Exchange’s Live Ammoscreen are cancel replace orders to the market or tosome marketable limit, orders can appear on theLive Ammo screen in a few other situations.Consequently, although the number of Live Ammoorders should be substantially reduced, thereoccasionally may still be circumstances when theDPM staff may have reason to reroute live ammoorders manually pursuant to this system.

10 15 U.S.C. 78f(b)(5).11 15 U.S.C. 78s(b)(3).12 17 CFR 240.19b–4(f)(5). 13 17 CFR 200.30–3(a)(12).

automatically. If the order is not RAES-eligible, it will be routed to Ebook orback to Live Ammo depending on theexisting routing parameters in place.

b. Proposed System Changes toAddress Commission Expectations. Inthe Commission’s order approving theExchange’s Live Ammo processingsystem on a plot basis, the Commissionstated that it expects ‘‘that the Exchangewill make the necessary systemsenhancements to ensure that amaximum number of customer orders inthe CBOE system are matched againstone another.’’ 6 The Exchange began toaddress the Commission’s desire forcustomer order matching opportunitiesand its own desire to more efficientlyprocess customer orders even before theCommission issued the Live Ammoapproval order by developing andimplementing an Automated BookPriority (‘‘ABP’’) system that tradesincoming RAES orders against orders inthe Exchange’s limit order book.7 TheExchange also will continue to considerother system changes to provide forfurther matching opportunities forcustomer orders.

The Commission further stated in itsapproval order that it expects ‘‘that theExchange will develop the necessarysystems enhancements to ensure that. . . RAES-eligible orders will be routeddirectly to RAES without the interimstep of appearing first on the LiveAmmo screen.’’ 8 The Exchange believesthat the proposed system change,discussed below, addresses theCommission’s expectations for a systemto route orders to RAES without theinterim step of appearing first on theLive Ammo screen.

c. New System. The proposed newsystem would process a cancel replaceorder for an order residing on Ebook byrouting the cancel replace order throughthe Exchange’s ORS as a new order,after the cancel portion has beencompleted. Normal parameter routingwould be evaluated for this order,including the firm volume edits. Thereplace order, as with any newincoming order, may be eligible forRAES execution, crossing with otherEbook orders through ABP, routingdirectly into the book (automaticallyupdating the quote if it improves themarket), or routing to a broker’s PublicAutomated Routing (‘‘PAR’’) terminal orBooth Automated Routing terminal(‘‘BART’’) for potential priceimprovement.

The Exchange believes that theproposed system change will have anumber of benefits including areduction of order flow to Live Ammowhere manual intervention is requiredfor execution,9 and fair pricing,increased speed and efficiency ofexecution for customer replace orders.The system also will ensure that ordersthat are rerouted to the book will bereflected in the best bid or offer in atimely manner.

d. Implementation. The Exchangeintends to implement the proposedsystems change as soon as the requiredtesting has been completed. TheExchange anticipates that the systemwill be implemented at the end ofAugust 2000 or the beginning ofSeptember 2000. Once implemented,the system will be active for everyoptions class traded on the Exchange.

2. Basis

The Exchange believes that theproposed rule change is consistent withand furthers the objectives of Section6(b)(5) of the Act 10 because it isdesigned to remove impediments to afree and open market and to protectinvestors and the public interest.

B. Self-Regulatory Organization’sStatement on Burden on Competition

The CBOE does not believe that theproposed rule change will impose anyburden on competition.

C. Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received FromMembers, Participants or Others

No written comments were solicitedor received with respect to the proposedrule change.

III. Date of Effectiveness of theProposed Rule Change and Timing forCommission Action

The foregoing rule change has becomeeffective pursuant to Section 19(b)(3)(A)of the Act 11 and subparagraph (f)(5) ofRule 19b–4 12 under the Act as a systemschange that: (i) Does not significantlyaffect the protection of investors or thepublic interest; (ii) does not impose anysignificant burden on competition; and

(iii) does not have the effect of limitingthe access to or availability of thesystem. At any time within 60 days ofthe filing of such proposed rule change,the Commission may summarilyabrogate such rule change if it appearsto the Commission that such action isnecessary or appropriate in the publicinterest, for the protection of investors,or otherwise in furtherance of thepurposes of the Act.

IV. Solicitation of Comments

Interested persons are invited tosubmit written data, views andarguments concerning the foregoing,including whether the proposed rulechange, as amended, is consistent withthe Act. Persons making writtensubmissions should file six copiesthereof with the Secretary, Securitiesand Exchange Commission, 450 FifthStreet, NW., Washington, DC 20549–0609. Copies of the submission, allsubsequent amendments, all writtenstatements with respect to the proposedrule change that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying inthe Commission’s Public ReferenceRoom. Copies of such filing will also beavailable for inspection and copying atthe principal office of CBOE. Allsubmissions should refer to File No.SR–CBOE–00–30 and should besubmitted by September 15, 2000.


Margaret H. McFarland,Deputy Secretary.[FR Doc. 00–21743 Filed 8–24–00; 8:45 am]




1 15 U.S.C. 78s(b)(1).2 17 CFR 240.19b–4.3 See Letter from Ellen J. Neely, Vice President

and General Counsel, CHX, to Jennifer Colihan,Attorney, Division of Market Regulation,Commission, dated August 7, 2000. (‘‘AmendmentNo. 1’’) In Amendment No. 1, the Exchange revisedthe proposed rule language for clarity. Nosubstantive changes were made.

4 Certain provisions of Article XX, Rule 37(d) arethe subject of a CHX submission currently pendingbefore the Commission as part of the CHX’sdecimalization-related rule filings. See SR–CHX–00–22 (filed July 17, 2000).

5 See Securities Exchange Act Release No. 35753(May 22, 1995), 60 FR 28007 (May 26, 1995) (FileNo. SR–CHX–95–08).

6 Each of these price improvement programs hasbeen approved by the Commission on a permanentbasis. See Securities Exchange Act Release Nos.40017 (May 20, 1998), 63 FR 29277 (May 28, 1998);40235 (July 17, 1998), 63 FR 40147 (July 27, 1998)(File No. SR–CHX–98–9) (orders approving revisedSuperMAX and Enhanced SuperMAX algorithms);41480 (June 4, 1999), 64 FR 32570 (June 17, 1999)(order approving revised SuperMAX Plusalgorithm); and 42565 (March 22, 2000), 65 FR16442 (March 28, 2000) (order approving DerivativeSuperMAX algorithm).

7 Dual Trading System issues are issues that aretraded on the Chicago Stock Exchange and eitherthe New York Stock Exchange or the AmericanStock Exchange.

8 After this change, the SuperMAX Plus algorithmwould provide equivalent levels of priceimprovement for Dual Trading System and Nasdaq/NM issues. Nasdaq/NM issues are already entitledto price improvement under this algorithm if thespread between the National Best Bid and NationalBest Offer is 1⁄8th of a point or greater, withoutreference to the last sale in another market.

9 15 U.S.C. 78f(b)(5).


[Release No. 34–43175; File No. SR–CHX–00–24]

Self-Regulatory Organizations; Noticeof Filing and Order GrantingAccelerated Approval of ProposedRule Change by the Chicago StockExchange, Inc., Relating to theExchange’s SuperMAX Plus PriceImprovement Program andAmendment No. 1 Thereto

August 18, 2000.Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934(‘‘Act’’),1 and Rule 19b–4 thereunder 2

notice hereby is given that on July 21,2000, the Chicago Stock Exchange, Inc.(‘‘CHX’’ or ‘‘Exchange’’) filed with theSecurities and Exchange Commission(‘‘SEC’’) or ‘‘Commission’’) the proposedrule change as described in Items I, IIand III below, which Items have beenprepared by the Exchange. On August 8,2000, the Exchange filed AmendmentNo. 1 to the proposal.3


The Exchange proposes to amend thecurrent CHX rule governing itsSuperMAX Plus price improvementprogram. Specifically, the Exchangeproposes to amend Article XX, Rule37(d) to provide for additional priceimprovement opportunities, by deletingthe requirement that the last primarymarket sale be at least 1⁄16th of a pointaway from the ITS Best Bid or Offer(‘‘ITS BBO’’). The text of the proposedrule change is available upon requestfrom the Commission or the CHX.4


In its filing with the Commission, theExchange included statementsconcerning the purpose of and basis forthe proposed rule change and discussedany comments it received regarding theproposed rule change. The text of these

statements may be examined at theplaces specified in Item IV below. TheExchange has prepared summaries, setforth in Sections A, B and C below, ofthe most significant aspects of suchstatements.

A. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

1. PurposeOn May 22, 1995, the Commission

approved a proposed CHX rule changethat allows specialists on the Exchange,through the Exchange’s MAX system, toprovide order execution guarantees thatare more favorable than those requiredunder CHX Rule 37(a), Article XX.5 Thatapproval order contemplated that theCHX would file with the Commissionspecific modifications to the parametersof MAX that are required to implementvarious options under this new rule.

SuperMAX, Enhanced SuperMAX,SuperMAX Plus and DerivativeSuperMAX are four existing CHXprograms within the MAX system thatuse computerized algorithms to provideautomated price improvement.6 Theprimary purpose of this proposed rulechange is to increase the number oforders that are eligible for SuperMAXPlus price improvement.

The Exchange believes that it isimportant to remain competitive byincreasing, where possible,opportunities for price improvementand by responding in a swift andmeaningful fashion to the priceimprovement considerations articulatedby the Exchange’s order sending firmsand their customers. To this end, theExchange proposes the following changeto its SuperMAX Plus priceimprovement program.

Under the current version ofSuperMAX Plus, agency market ordersof 100–199 shares for Dual TradingSystem issues 7 are eligible forautomatic price improvement of 1⁄16th ofa point if: (a) The spread between the

ITS Best Bid and ITS Best Offer is 1⁄8thof a point or greater; and (b) the lastprimary market sale is at least 1⁄16th ofa point away from the ITS Best Bid orOffer (‘‘BBO’’). The proposal woulddelete the conditions relating to lastprimary market sales and therebyincrease the number of orders eligiblefor price improvement.8

If approved, the amended SuperMAXPlus algorithm would become operativewhen systems changes are implementedin late August or early September. TheExchange will announce the effectivedate of this new algorithm in a Noticeto Members.

2. Statutory BasisThe proposed rule change is

consistent with Section 6(b)(5) 9 of theAct in that it is designed to promote justand equitable principles of trade, toremove impediments and to perfect themechanism of a free and open marketand a national market system, and, ingeneral, to protect investors and thepublic interest.

B. Self-Regulatory Organization’sStatement of Burden on Competition

The Exchange does not believe thatthe proposed rule change will imposeany inappropriate burden oncompetition.

C. Self-Regulatory Organization’sStatement on Comments Regarding theProposed Rule Change Received FromMembers, Participants or Others

Written comments were neithersolicited nor received.

III. Solicitation of CommentsInterested persons are invited to

submit written data, views andarguments concerning the foregoingincluding whether the proposal isconsistent with the Act. Persons makingwritten submission should file sixcopies thereof with the Secretary,Securities and Exchange Commission,450 Fifth Street, N.W., Washington, D.C.20549–0609. Copies of the submission,all subsequent amendments, all writtenstatements with respect to the proposedrule change that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from the



10 In approving this proposed rule change, theCommission notes that it has considered theproposed rule’s impact on efficiency, competition,and capital formation.

11 15 U.S.C. 78f(b)(5).

12 See Securities Exchange Release No. 37619A(September 6, 1996), FR 48290 (September 12,1996).

13 15 U.S.C. 78s(b)(2).14 17 CFR 200.30–3(a)(12).1 15 U.S.C. 78s(b)(1).2 17 CFR 240.19b–4.3 Securities Exchange Act Release No. 42852 (May

30, 2000), 65 FR 36191.

4 However, Rule 6750 also provides that certainNasdaq officers may modify the minimumquotation size for OTC securities with a pricegreater than $200 per share.

5 See Securities Exchange Act Release No. 32570(July 1, 1993), 58 FR 36725 (July 8, 1993).

6 This requirement applies only to market makersentering priced quotations. Market makers arepermitted to enter unpriced indications of interestinto the OTCBB, see NASD Rule 6520, which arenot held to the minimum quotation size standard.

7 For example, since January 2000, 246 OTCequity securities have traded in excess of $200 pershare, and five of these securities have traded inexcess of $10,000 per share. Telephoneconversation between Scott W. Anderson, Attorney,Nasdaq, and Michael Gaw, Attorney-Adviser,Commission, on August 17, 2000.

public in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying atthe Commission’s Public ReferenceRoom. Copies of such filings will also beavailable for inspection and copying atthe principal office of the Exchange. Allsubmissions should refer to File No.SR–CHX–00–24 and should besubmitted by September 15, 2000.

IV. Commission’s Findings and OrderGranting Accelerated Approval ofProposed Rule Change

The Exchange believes the acceleratedimplementation of the amendedSuperMAX Plus algorithm will insure tothe benefit of investors by providing agreater number of investors with anenhanced opportunity for priceimprovement, and has thereforerequested that the Commission grantaccelerated approval of the proposedrule change. After careful review, theCommission finds that the proposedrule change is consistent with the Actand the rules and regulations under theAct applicable to a national securitiesexchange,10 and that acceleratedapproval is appropriate.

Specifically, the Commission findsthat the proposed rule change isconsistent with Section 6(b)(5) of theAct 11 which requires, among otherthings, that the rules of an exchange bedesigned to promote just and equitableprinciples of trade, to foster cooperationand coordination with persons engagedin regulating, clearing, settling,processing information with respect to,and facilitating transactions insecurities, to remove impediments toand perfect the mechanism of a free andopen market and a national marketsystem, and, in general, to protectinvestors and the public interest.

The Commission believes that theproposed SuperMax Plus priceimprovement algorithm will provideinvestors with enhanced investmentopportunities because priceimprovement from the ITS BBO will beavailable regardless of the last primarymarket sale price in both Dual TradingSystem issues and Nasdaq NMsecurities. The Commission notes thatwhile SuperMax Plus is a voluntaryprogram that specialists choose toparticipate in, providing a greaternumber of investors an opportunity toachieve price improvement iscompatible with the views expressed in

the Order Handling Release.12 Becauseprice improvement should encouragesmall investor participation in thesecurities market without sacrificinginvestor protection and the publicinterest, the Commission finds goodcause for approving the proposed rulechange prior to the thirtieth day afterthe date of publication of notice thereofin the Federal Register.

It Is Therefore Ordered, pursuant toSection 19(b)(2) 13 of the Act that theproposed rule change (SR–CHX–00–24)be, and hereby is, approved.

For Commission, by the Division of MarketRegulation, pursuant to delegatedauthority.14



[Release No. 34–43176; File No. SR–NASD–00–17]

Self-Regulatory Organizations; OrderApproving Proposed Rule Change bythe National Association of SecuritiesDealers, Inc., Relating to MinimumQuotation Size Requirements for OTCEquity Securities

August 18, 2000.

I. Introduction

On April 10, 2000, the NationalAssociation of Securities Dealers, Inc.(‘‘NASD’’), through its subsidiary, theNasdaq Stock Market, Inc. (‘‘Nasdaq’’),filed with the Securities and ExchangeCommission (‘‘Commission’’), pursuantto Section 19(b)(1) of the SecuritiesExchange Act of 1934 (‘‘Act’’) 1 and Rule19b–4 2 thereunder, a proposed rulechange that would modify the minimumquotation sizes for securities quoted onthe OTC Bulletin Board (‘‘OTCBB’’), orany other inter-dealer quotation systemthat permits quotation updates on a real-time basis, at a price exceeding $200 pershare. The proposal was published forcomment in the Federal Register onJune 7, 2000.3 The Commission receivedno comments on the proposal. Thisorder approves Nasdaq’s proposed rulechange.

II. Description of the Proposal

Currently, NASD Rule 6750 providesthat every member firm that functions asa market maker in over-the counter(‘‘OTC’’) equity securities must honor itsquotations for those securities in certainminimum sizes. Quotes for OTCsecurities priced over $200 per sharemust be firm for blocks of 50 shares ormore.4 Nasdaq has stated that this rulehas had an undesired and detrimentaleffect on the transparency and liquidityof certain highly priced or thinly tradedsecurities.

Rule 6750 was originally approved bythe Commission in 1993 5 during theearly stages of the OTCBB service. Priorto implementation of the rule, all pricedquotations on the OTCBB were requiredto be firm for blocks of 100 shares ormore. This approach soon provedunworkable for lower priced securitiesfor which a quote of 100 shares couldrepresent an insignificant aggregatedollar value commitment to the market.

To remedy this situation, the NASDimplemented the minimum quotationsize rule for securities priced at $200per share and below on a ‘‘graduated’’or ‘‘tiered’’ basis.6 For securities quotedat 50 cents per share or less, the marketmaker quoting such security is nowrequired to honor that quotation for aminimum of 5000 shares. This approachwas extended up to $200 per share, withdifferent minimum quotation sizes at2500, 500, 200, and 100 shares. For allquotations exceeding $200 per share,the minimum quote size wasdetermined to be 50 shares.

However, the presence of the highlypriced securities on the OTC market wasnot considered when Rule 6750 wasoriginally proposed.7 A situation hasresulted in which market makers havebeen unwilling to enter pricedquotations for highly priced and thinlytraded securities for fear of incurringpotentially significant liability to theirproprietary accounts. Nasdaq states that,to alleviate the risk of posting a firmquote for 50 of these shares, market



8 See Securities Exchange Act Release No. 41907(September 23, 1999), 64 FR 52817 (September 30,1999).

9 Nasdaq has stated that the proposed tier sizesare consistent with those in the original rule in thatthey require firm quotations for OTC equitysecurities to represent trading interest ofapproximately $5000 to $20,000.

10 In approving this rule, the Commission hasconsidered its impact on efficiency, competition,and capital function. See 15 U.S.C. 78c(f).

11 15 U.S.C. 78o–3(b)(6) and (b)(9).

12 15 U.S.C. 78s(b)(2).13 17 CFR 300.30–3(a)(12).1 15 U.S.C. 78s(b)(1).2 17 CFR 240.19b–4.3 15 U.S.C. 78s(b)(3)(A).4 17 CFR 240.19b–4(f)(6).

5 Securities Exchange Act Release No. 42272(December 23, 1999), 65 FR 153 (January 3, 2000)(SR–Phlx–99–42).

6 Securities Exchange Act Release No. 42898(June 5, 2000), 65 FR 36879 (June 12, 2000)(SR–Phlx–00–41).

makers do not enter firm quotations butinstead post only indications of interestfor these securities.

In light of these problems, Nasdaqrecently amended Rule 6750 to allowcertain Nasdaq officers to modify theminimum quotation size for OTCsecurities with a price greater than $200per share.8 Nasdaq has now proposed toamend Rule 6750 again to establish fouradditional tier sizes for OTC securitiesquoted at prices in excess of $200 pershare and to delete the provisiongranting certain Nasdaq officersdiscretionary authority to modify theminimum quotation sizes, as thisauthority will no longer be necessary.Under the proposal, the minimum quotesize for shares priced between $200.01and $500 will be 25 shares; between$500.01 and $1000, ten shares; between$1000.01 and $2500, five shares; andfrom $2500.01 upwards, one share.9

III. DiscussionAfter careful review, the Commission

finds that the proposed rule change isconsistent with the requirements of theAct and the regulations thereunderapplicable to the NASD.10 In particular,the Commission believes that theproposal is consistent with Sections15A(b)(6) and 15A(b)(9) of the Act.11

Section 15A(b)(6) requires, among otherthings, that the rules of a nationalsecurities association be designed toprevent fraudulent and manipulativeacts and practices; to promote just andequitable principles of trade; to removeimpediments to and perfect themechanism of a free and open marketand a national market system; and, ingeneral, to protect investors and thepublic interest. Section 15A(b)(9)requires that the rules of the associationnot impose any burden on competitionnot necessary or appropriate infurtherance of the purposes of the Act.

The Commission supports the NASD’sefforts to create a more competitivemarket and to foster enhanced pricediscovery of the OTC markets.Currently, Rule 6750 requires quotationsfor OTC equity securities with prices inexcess of $200 per share to be firm forat least 50 shares (unless an exemptionis granted). As a result, market makersoften decline to post firm quotes for

these highly priced securities. Whileposting an indication of interest ispermitted on the OTCBB, theCommission believes that it isappropriate for Nasdaq to encourage theentry of firm quotations. Decreasing theminimum quote size for highly pricedOTC equity securities should encouragemarket makers to post priced quotes forthese securities. A larger number of firmquotes should help to improve pricediscovery and transparency in thismarketplace. Accordingly, theCommission believes the proposed ruleis consistent with the purposes of theAct.

IV. ConclusionIt Is Therefore Ordered, pursuant to

Section 19(b)(2) of the Act,12 that theproposed rule change (SR–NMASD–00–17) is approved.




[Release No. 34–43169; File No. SR–Phlx–00–76]

Self-Regulatory Organizations; Noticeof Filing and Immediate Effectivenessof Proposed Rule Change by thePhiladelphia Stock Exchange, Inc.,Extending the Pilot Program for Rule98, Emergency Committee, UntilNovember 17, 2000


Securities Exchange Act of 1934(‘‘Act’’) 1 and Rule 19b–4 thereunder,2notice is hereby given that on August14, 2000, the Philadelphia StockExchange, Inc. (‘‘Exchange’’ or ‘‘Phlx’’)filed a proposed rule change with theSecurities and Exchange Commission(‘‘SEC’’ or ‘‘Commission’’). Theproposed rule change is described inItems I, II, and III below, which Itemshave been prepared by the Exchange.The Exchange filed the proposed rulechange pursuant to Section 19(b)(3)(A)of the Act,3 and Rule 19b–4(f)(6)thereunder,4 which renders theproposed rule change effective upon

filing with the Commission. TheCommission is publishing this notice tosolicit comments on the proposed rulechange from interested persons.


The Exchange is proposing to extendthe pilot period for Rule 98, EmergencyCommittee, until November 17, 2000.No changes to the existing rule languageare being proposed.


In its filing with the Commission, theExchange included statementsconcerning the purpose of and basis forthe proposed rule change and discussedany comments it received on theproposed rule change. The text of thesestatements may be examined at theplaces specified in Item IV below. TheExchange has prepared summaries, setforth in Sections A, B, and C below, ofthe most significant aspects of suchstatements.


1. Purpose

On December 23, 1999, theCommission approved amendments toExchange Rule 98, EmergencyCommittee (the ‘‘Committee’’), whichupdated the composition of theCommittee to reflect the currentgovernance structure of the Exchange,on a 120-day pilot basis.5 TheCommission approved the amendmentsto Exchange Rule 98 on a pilot basis inorder to allow the Exchange to examinethe operation of the Committee toensure that the Committee is notdominated by any one Exchange interest(e.g., On-Floor or Off-Floor interests).The Commission requested that theExchange report back to theCommission on its views as to whetherthe Committee structure ensures that allExchange interests are fairly representedby the Committee. The Commissionapproved an extension of the pilotprogram for an additional 120 days onJune 5, 2000.6 On July 14, 2000, theExchange filed a proposed rule changeto approve the amendments to Rule 98



7 SR–Phlx–00–63, filed with the Commission onJuly 14, 2000.

8 15 U.S.C. 78f(b)(5).9 15 U.S.C. 78s(b)(3)(A).10 17 CFR 240.19b–4(f)(6).

11 For purposes only of accelerating the operativedate of this proposal, the Commission hasconsidered its impact on efficiency, competition,and capital formation. 15 U.S.C. 78c(f).

12 17 CFR 200.30–3(a)(12).1 15 U.S.C. 78s(b)(1).2 17 CFR 240.19b–4.3 A Top 120 Option is defined as one of the 120

most actively traded equity options in terms of thetotal number of contracts that were traded on allU.S. options markets for the period January 1, 2000through June 30, 2000, based on volumeinformation provided by The Options ClearingCorporation. The Phlx will determine the Top 120Options every six months, with the next measuringperiod commencing June 1, 2000 and ending onNovember 30, 2000. The proposed fee does notapply to index or currency options.

4 This fee is not eligible for the monthly credit ofup to $1,000 to be applied against certain fees, duesand charges and other amounts that certainmembers owe to the Exchange. See SecuritiesExchange Act Release No. 42791 (May 16, 2000); 65FR 33606 (May 24, 2000).

on a permanent basis.7 In that filing, theExchange also submitted its report backto the Commission addressing therepresentation of Exchange interests onthe Committee. The Commission hasrequested that the Exchange file theinstant proposed rule change to extendthe current pilot program throughNovember 17, 2000 in order to allow theCommission and the Exchange time toassess the Exchange’s report and theoperation of the Committee in general.

2. Statutory BasisThe Exchange believes that the

proposed rule change is consistent withthe provisions of Section 6(b)(5) of theAct 8 which requires that the rules of anExchange be designed to perfect themechanisms of a free and open marketand a national market system, and toprotect investors and the public interest.


The Exchange does not believe thatthe proposed rule change will result inany burden on competition that is notnecessary or appropriate in furtheranceof the purposes of the Act.

C. Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received FromMembers, Participants, or Others

The Exchange has neither solicitednor received written comments on theproposed rule change, as amended.


The foregoing rule change has becomeeffective upon filing pursuant to Section19(b)(3)(A)(iii) of the Act 9 and Rule19b–4(f)(6) 10 thereunder because theproposed rule change does not (i)significantly affect the protection ofinvestors or the public interest; (ii)impose any significant burden oncompetition; and (iii) become operativefor 30 days after the date of filing, orsuch shorter time as the Commissionmay designate if consistent with theprotection of investors and the publicinterest; provided the Exchange hasgiven the Commission written notice ofits intent to file the proposed rulechange, along with a brief descriptionand text of the proposed rule change, atleast five business days prior to the dateof filing of the proposed rule change, orsuch shorter time as designated by theCommission. At any time within 60

days of the filing of a rule changepursuant to Section 19(b)(3)(A) of theAct, the Commission may summarilyabrogate the rule change if it appears tothe Commission that such action isnecessary or appropriate in the publicinterest, for the protection of investors,or otherwise in furtherance of thepurposes of the Act.

The Commission finds that it isappropriate to accelerate the effectivedate of the proposed rule change and topermit the proposed rule change tobecome immediately effective becausethe proposal simply extends apreviously approved pilot program untilNovember 17, 2000. The Commissionalso finds it appropriate to waive the 5-day pre-filing requirement. Byextending the pilot program, theCommission will enable the Committeeto be in place and operational in theevent of any extraordinary marketconditions or emergencies at theExchange, and will afford theCommission and the Exchange theopportunity to assess the Exchange’sreport concerning the representation ofall interests on the EmergencyCommittee.11

IV. Solicitation of Comments

Interested persons are invited tosubmit written data, views, andarguments concerning the foregoingincluding whether the proposed rulechange is consistent with the Act.Persons making written submissionsshould file six copies thereof with theSecretary, Securities and ExchangeCommission, 450 Fifth Street, N.W.,Washington, D.C. 20549–0609. Copies ofthe submission, all subsequentamendments, all written statementswith respect to the proposed rulechange that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying inthe Commission’s Public ReferenceRoom. Copies of such filing will also beavailable for inspection and copying atthe principal office of the Exchange. Allsubmissions should refer to the File No.SR–Phlx–00–76 and should besubmitted by September 15, 2000.




[Release No. 34–43177; File No. SR–PHLX–00–77]

Self-Regulatory Organizations; Noticeof Filing and Immediate Effectivenessof Proposed Rule Change byPhiladelphia Stock Exchange, Inc.Relating to a Payment for Order FlowFee


Securities Exchange Act of 1934(‘‘Act’’) 1 and Rule 19b–4 thereunder,2notice is hereby given that on August11, 2000, the Philadelphia StockExchange, Inc. (‘‘Phlx’’ or the‘‘Exchange’’) filed with the Securitiesand Exchange Commission(‘‘Commission’’) the proposed rulechange as described in Items I, II,and IIIbelow, which Items have been preparedby the Phlx. The Commission ispublishing this notice to solicitcomments on the proposed rule changefrom interested parties.


The Phlx proposes to adopt a paymentfor order flow fee of a $1.00 per contractto be imposed on transactions by Phlxspecialists and Registered OptionsTraders (‘‘ROTs’’) in the Top 120Options on the Phlx.3 It would notapply to ROT-to-ROT or specialist-to-ROT transactions. The proposed fee willbe effective as of August 1, 2000.4



5 The Exchange uses the terms ‘‘specialist’’ and‘‘specialist unit’’ interchangeably herein; often, thespecialist unit is actually the party that is billed forfees and sends the payment.

6 The purpose of the form is to assist theExchange in accurately accounting for and trackingfunds transferred to specialists, consistent withnormal bookkeeping and auditing practices. Thespecialists will make all determinations concerningthose order flow providers who will receivepayment and the amounts that they will be paid fororders.

7 The term ‘‘qualified orders’’ refers totransactions by specialists and ROTs in the Top 120options on the Phlx.

8 15 U.S.C. 78s(b)(3)(A)(ii).

9 15 U.S.C. 78f(b)(5).10 15 U.S.C. 78f(b)(6).11 15 U.S.C. 78s(b)(3)(A)(ii).12 17 CFR 240.19b–4(f)(2).13 See Securities Exchange Act Release No. 43112

(Aug. 3, 2000), 65 FR 49040 (Aug. 10, 2000);Securities Exchange Act Release No. 42450 (Feb. 23,2000), 65 FR 10577 (Feb. 28, 2000); SecuritiesExchange Act Release No. 34902 (Oct. 27, 1994), 59FR 55006 (Nov. 2, 1994). See also SecuritiesExchange Act Release No. 43084 (July 28, 2000).


In its filing with the Commission, thePhlx included statements concerningthe purpose of and basis for theproposed rule change and discussed anycomments it received on the proposedrule change. The text of these statementsmay be examined at the places specifiedin Item IV below. The Phlx has preparedsummaries, set forth in sections A, B,and C below, of the most significantaspects of such statements.


The purpose of the proposed rulechange is to generate a source ofrevenue to be used by specialists in Top120 Options for payment for order flowin respect of such options. By way ofbackground, the listed options market isundergoing fundamental changes as aresult of numerous recentdevelopments, including the multiplelisting of options and impendingintermarket linkage. The Exchangebelieves that it is necessary for it toadopt this type of fee in order tomaintain and enhance the Exchange’scompetitive position—particularly inlight of the fact that three of the fourother options exchanges have eitherannounced or implemented similarprograms.

The Exchange will collect the fee ona monthly basis and segregate the fundsreceived from the specialists 5 and ROTsby option. The specialists will be ableto use the funds collected with respectto a particular option to make paymentsto broker-dealers for order flow in thatoption, thereby attracting options ordersto the Phlx. The specialists for eachoption will have discretion inestablishing the amounts that will bepaid to order flow providers in respectof order flow for that option. Thespecialist will receive these funds aftersubmitting an Exchange formidentifying the amount of the requestedfunds.6

The specialists will make alldeterminations concerning which order

flow providers will receive paymentsand the amounts that they will be paidfor orders. In order to assist theExchange in determining theeffectiveness of the proposed fee, thespecialists will account to the Exchangefor the use they make of the fundscollected. In addition, the Exchange willprovide certain administrative duties toassist the specialists, such as performingany necessary accounting functions andkeeping track of the number of qualifiedorders 7 that firms direct to theExchange.

The Exchange believes that ROT-to-ROT and specialists-to-ROT transactionsshould be excluded, because those arenot the kind of transactions that the feeis designed to attract. Moreover, theExchange does not wish to impose a feeon the hedging or rebalancingtransactions in which ROTs engage insupport of their affirmative market-making obligations.

In connection with any programinvolving payment for order flow thatmay be funded by this proposed fee, theExchange will issue appropriatecirculars to its members that emphasizethe disclosure and best executionobligations of members who accept suchpayment. Any changes to the class ofoptions to which this proposed feeapplies, to the rate or rates at which thefee is assessed, or to the disposition bythe Exchange of funds generated by thefee will be the subject of separate filingswith the Commission pursuant toSection 19(b)(3)(A)(ii) of the Act.8

The proposed fee will be imposed onall transactions by specialists and ROTsin the Top 120 Options, other than ROT-to-ROT or specialists-to-ROTtransactions. The Exchange envisionsthat the persons who pay the fees willalso participate in the order flowderived from the proposed plan. TheExchange believes that, because thespecialists and ROTs who pay theproposed fee should also receive thebenefits of increased order flow, theproposed plan will provide for theequitable allocation of reasonable feesamong the Exchange’s members.Moreover, the Exchange believes thatthe fee should promote just andequitable principles of trade, removeimpediments to and perfect themechanism of a free and open market,and protect investors and the publicinterest by attracting more order flow tothe Exchange, which, in the Exchange’sview, should result in increasedliquidity, tighter markets, and more

competition among exchange members.Accordingly, the Exchange believes thatits proposal is consistent with andfurthers the objectives of the Act,including Sections 6(b)(4) 9 and6(b)(5) 10 thereof.


The Exchange does not believe thatthe proposed rule change will imposeany burden on competition that is notnecessary or appropriate in furtheranceof the purposes of the Act.

C. Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received FromMembers, Participants or Others

No written comments were solicitedor received with respect to the proposedrule change.


Because the Phlx has designated theforegoing proposed rule change as a feechange pursuant to Section19(b)(3)(A)(ii) of the Act 11 and Rule19b–4(f)(2) thereunder,12 the proposalhas taken effect upon filing with theCommission. At any time within 60days of the filing of the proposed rulechange, the Commission may summarilyabrogate such rule change if it appearsto the Commission that such action isnecessary or appropriate in the publicinterest, for the protection of investors,or otherwise in furtherance of thepurposes of the Act.

IV. Solicitation of CommentsThe Commission, in the past, has

raised serious concerns about paymentfor order flow and internalization.13

Payment for order flow is of concernbecause brokers who are paid to sendtheir customers’ orders to one exchangehave a conflict of interest that mayreduce their commitment to the dutythey owe their customers to find thebest execution available. While paymentfor order flow has been a commonpractice in the equities markets for sometime, only recently has payment fororder flow developed in the optionsmarkets. Despite these concerns,however, the Phlx’s proposal involves



14 17 CFR 200.30–3(a)(12).

the imposition of a fee and the Act givesexchanges wide latitude to establish,revise, and collect fees and othercharges without prior Commissionapproval. The Commission invitesinterested persons to submit writtendata, views, and arguments concerningthe foregoing, including whether theproposed rule is consistent with the Act.In particular, the Commission askspersons who submit comments whetherthe payment for order flow facilitated bythe Phlx’s proposal raises greater ordifferent concerns than payments fororder flow at other options exchanges.After receiving comments, and at anytime within 60 days from the date thePhlx filed its proposal, the Commissioncan decide to require the Phlx to stopcollecting the fee, refile the proposal,and await Commission approval beforereinstituting the fee.

Persons making written submissionsshould file six copies there of with theSecretary, Securities and ExchangeCommission, 450 Fifth Street, N.W.,Washington, D.C. 20549–0609. Copies ofthe submission, all subsequentamendments, all written statementswith respect to the proposed rulechange that are filed with theCommission, and all writtencommunications relating to theproposed rule change bewteen theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying inthe Commission’s Public ReferenceRoom. Copies of such filing will also beavailable for inspection and copying atthe principal office of the Phlx. Allsubmissions should refer to File No.SR–PHLX–00–77 and should besubmitted by September 15, 2000.



DEPARTMENT OF STATE

[Public Notice 3392]

Culturally Significant Objects Importedfor Exhibition Determinations: ‘‘Utopia:The Search for the Ideal Society in theWestern World’’

DEPARTMENT: United States Departmentof State.

ACTION: Notice.

SUMMARY: Notice is hereby given of thefollowing determinations: Pursuant tothe authority vested in me by the Act ofOctober 19, 1965 (79 Stat. 985, 22 U.S.C.2459), the Foreign Affairs Reform andRestructuring Act of 1998 (112 Stat.2681, et seq.), Delegation of AuthorityNo. 234 of October 1, 1999, andDelegation of Authority No. 236 ofOctober 19, 1999, as amended, I herebydetermine that the objects to beincluded in the exhibition ‘‘Utopia: TheSearch for the Ideal Society in theWestern World,’’ imported from abroadfor the temporary exhibition withoutprofit within the United States, are ofcultural significance. The objects areimported pursuant to loan agreementswith the foreign lenders. I alsodetermine that the exhibition or displayof the exhibit objects at the New YorkPublic Library in New York from on orabout October 14, 2000 to on or aboutJanuary 27, 2001, is in the nationalinterest. Public Notice of theseDeterminations is ordered to bepublished in the Federal Register.FOR FURTHER INFORMATION CONTACT: Forfurther information, including a list ofthe exhibit object, contact PaulManning, Attorney-Adviser, Office ofthe Legal Adviser, U.S. Department ofState (telephone: 202/619–5997). Theaddress is U.S. Department of State, SA–44, 301 4th Street, S.W., Room 700,Washington, D.C. 20547-0001.

Dated: August 18, 2000.William B. Bader,Assistant Secretary for Educational andCultural Affairs, Department of State.[FR Doc. 00–21798 Filed 8–24–00; 8:45 am]BILLING CODE 4710–08–P

DEPARTMENT OF STATE

[Public Notice No. 3350]

Advisory Committee on HistoricalDiplomatic Documentation; Meeting

The Advisory Committee onHistorical Diplomatic Documentationwill meet in the Department of State,2201 ‘‘C’’ Street NW, Washington, D.C.,September 25–26, 2000 in ConferenceRoom 1105. Prior notification and avalid photo are mandatory for entranceinto the building. One week before themeeting, members of the publicplanning to attend must notify GloriaWalker, Office of Historian (202–663–1124) providing relevant dates of birth,Social Security numbers, and telephonenumbers.

The Committee will meet in opensession from 1:30 p.m. through 3:30

p.m. on Monday, September 25, 2000, todiscuss declassification and transfer ofDepartment of State electronic recordsto the National Archives and RecordsAdministration and the modernizationof the Foreign Relations series. Theremainder of the Committee’s sessionsfrom 9:00 a.m. until 1:00 p.m. onTuesday, September 26, 2000, will beclosed in accordance with Section 10(d)of the Federal Advisory Committee Act(Pub. L. 92–463). The agenda calls fordiscussions of agency declassificationdecisions concerning the ForeignRelations series. These are matters notsubject to public disclosure under 5U.S.C. 552b(c)(1) and the public interestrequires that such activities be withheldfrom disclosure.

Questions concerning the meetingshould be directed to William Slany,Executive Secretary, AdvisoryCommittee on Historical DiplomaticDocumentation, Department of State,Office of the Historian, Washington, DC,20520, telephone (202) 663–1123, (e-mail [email protected]).

Dated: August 11, 2000.William Slany,Executive Secretary of the AdvisoryCommittee on Historical DiplomaticDocumentation, Department of State.[FR Doc. 00–21797 Filed 8–24–00; 8:45 am]BILLING CODE 4710–11–P

TENNESSEE VALLEY AUTHORITY

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: TennesseeValley Authority (Meeting No. 1522).TIME AND DATE: 9 a.m. (EDT), August 29,2000.PLACE: TVA Knoxville West TowerAuditorium, 400 West Summit HillDrive, Knoxville, Tennessee.STATUS: Open.

Agenda

Approval of minutes of meeting heldon July 19, 2000.

New Business

C—Energy

C1. Supplement to Contract No. TV–62311A with Tennessee EmergencyManagement Agency (TEMA) throughwhich TEMA cooperates in theoperation and maintenance ofradiological emergency plans andprograms for TVA’s nuclear plants.

C2. Supplement to indefinite quantityterm agreement Contract No. 98XCB–227396–000/001 with Porter Walker,Inc., for industrial consumables andnonpower hand tools.



C3. Ward of a fixed-price contract toALSTOM Power, Inc., Air PreheaterCompany for air preheater equipmentfor Allen Fossil Plant Units 1–3 and fora long-term alliance for air preheaterequipment for any future TVA fossilunits requiring air preheater equipment.

C4. Award of a term transportationcontract to Norfolk Southern RailwayCompany for transportation of coal toJohn Sevier Fossil Plant.

E—Real Property TransactionsE1. Grant of a permanent easement to

Limestone County, Alabama, affectingapproximately 1.2 acres of land on theBrowns Ferry Nuclear Plant Reservationfor a road (Tract No. XTBFSP–1H).

E2. Abandonment of a portion ofTVA’s South Nashville-Springfieldtransmission line right-of way easementin Davidson County, Tennessee,affecting approximately 1,152 squarefeet of land to accommodate proposedcommercial development (Tract No.NSP–100).

E3. Public auction sale ofapproximately 5.02 acres of the formerRussellville, Kentucky, Power ServiceCenter in Logan County, Kentucky(Tract No XRPSC–2).

E4. Sale of a permanent easement anda temporary construction easement tothe City of Tupelo, Mississippi, for asewerline affecting approximately 0.5acre of TVA land in Lee County,Mississippi (Tract No. XTUSS–2S).

E5. Approval of Tellico ReservoirLand Management Plan for the use andmanagement of approximately 12,643acres of TVA land on Tellico Reservoirin Blount, Loudon, and MonroeCounties, Tennessee.

E6. Approval of Tims Ford ReservoirLand Management and Disposition Planfor the use and management ofapproximately 6,453 acres of TVA landon Tims Ford Reservoir in Franklin andMoore Counties, Tennessee.

E7. Deed modification affectingapproximately 13.6 acres of former TVAland on Chickamauga Reservoir (aportion of Tract No. XCR–44) inHamilton County, Tennessee, to allowfor residential development by theChattanooga Publishing Company.

F—Unclassified1. Approval to file condemnation

cases to acquire permanent easementsand rights-of-way for transmission lines,the permanent right to remove anddispose of danger trees along atransmission line, and a temporary rightto enter upon land to survey andappraise for an electric transmissionline at Bessemer-Tuscaloosa Tap toAirport Lane transmission line inJefferson County, Alabama, and the

Rock Springs-Center Point transmissionline in Whitfield County, Georgia.

Information Items

1. Amendments to section 6G to theTVA Retirement System Rules andRegulations concerning death in servicebenefits.

2. Approval to enter into a long-termpower supply contract and arequirement contract with the UnitedStates Enrichment Corporation.

3. Modification of two contracts withLodestar Energy, Inc., for coal supply toCumberland, Colbert Unit 5, andJohnsonville Fossil Plants.

4. Modification of Contract No.P98P05–238605 with PeabodyCOALSALES Company for coal supplyto Paradise Fossil Plant under a contractreopener provision.

5. Approval for sale and leaseback orlease and leaseback of certain powerfacilities.

For more information: Please callTVA Public Relations at (423) 632–6000,Knoxville, Tennessee. Information isalso available at TVA’s WashingtonOffice (202) 898–2999. People who planto attend the meeting and have specialneeds should call (865) 632–6000.

Dated: August 22, 2000.Edward S. Christenbury,General Counsel and Secretary.[FR Doc. 00–21860 Filed 8–23–00; 8:45 am]BILLING CODE 8120–08–M


Coast Guard

[USCG–2000–7834]

Waiver Application; Tank Vessel;Reduction of Gross Tonnage

AGENCY: Coast Guard, DOT.ACTION: Notice; request for comments.

SUMMARY: The Coast Guard is requestingcomments on the Marine ChemicalNavigation Corporation’s waiverapplication to reduce the gross tonnageof the tank ship MARINE CHEMIST,Official Number 529399. Approval ofthis waiver application will change thevessel’s double hull compliance date.The company has met all therequirements for issuance of a waiverand this document provides therequired public notice and sixty-daycomment period concerning theapplication. The Coast Guard willconsider all comments received duringthe comment period before taking finalaction on the Marine ChemicalNavigation Corporation’s application.

DATES: Comments and related materialmust reach the Docket ManagementFacility on or before October 24, 2000.ADDRESSES: To make sure yourcomments and related material are notentered more than once in the docket,please submit them by only one of thefollowing means:

(1) By mail to the Docket ManagementFacility, (USCG–2000–7834), U.S.Department of Transportation, room PL–401, 400 Seventh Street SW.,Washington, DC 20590–0001.

(2) By hand delivery to room PL–401on the Plaza level of the Nassif Building,400 Seventh Street SW., Washington,DC, between 9 a.m. and 5 p.m., Mondaythrough Friday, except Federal holidays.The telephone number is 202–366–9329.

(3) By fax to Docket ManagementFacility at 202–493–2251.

(4) Electronically through the WebSite for the Docket Management Systemat http://dms.dot.gov.

The Docket Management Facilitymaintains the public docket for thisnotice. Comments and materialsreceived from the public, as well asdocuments mentioned in this notice asbeing available in the docket, willbecome part of this docket and will beavailable for inspection or copying atroom PL–401 on the Plaza level of theNassif Building, 400 Seventh StreetSW., Washington DC, between 9 a.m.and 5 p.m., Monday through Friday,except Federal holidays. You may alsofind this docket on the Internet at http://dms.dot.gov.FOR FURTHER INFORMATION CONTACT: Forquestions on this notice, contact Mr.Bob Gauvin, Project Manager, Office ofOperating and EnvironmentalStandards, Commandant (G-MSO),Coast Guard, telephone 202–267–1053.For questions on viewing, or submittingmaterial to the docket, call Ms. DorothyBeard, Chief, Dockets, Department ofTransportation, telephone 202–366–9329.


Request for Comments

We encourage you to participate inthis request for comments by submittingwritten data, views, or argumentsconcerning the waiver application. Ifyou do so, please include your nameand address, identify the docket number(USCG–2000–7834), indicate thespecific section of this document towhich each comment applies, and givethe reason for each comment. You maysubmit your comments and material bymail, hand, fax, or electronic means tothe Docket Management Facility at theaddress under ADDRESSES; but please



submit comments and material by onlyone means. If you submit them by mailor hand delivery, submit them in anunbound format, no larger than 81⁄2 by11 inches, suitable for copying andelectronic filing. If you submit them bymail and would like to know theyreached the Facility, please enclose astamped, self-addressed postcard orenvelope. We will consider allcomments and material received duringthe comment period.

Public MeetingWe do not now plan to hold a public

meeting. But, you may request one bysubmitting a request to the DocketManagement Facility at the addressunder ADDRESSES explaining why onewould be beneficial. If we determinethat one would be helpful, we willannounce the time and place in a laternotice in the Federal Register.

Background and PurposeThe Oil Pollution Act of 1990 (OPA

90) requires most single hull tankvessels carrying oil in bulk as cargo orcargo residue to either convert to doublehull configuration or to stop operatingin U.S. waters by the dates specified inthe statute. These dates, in 46 U.S.C.3703a, are based on the vessel’s age,gross tonnage, and hull configuration. Ingeneral, the latest operational date forsingle hull tank vessels is January 1,2010, and for tank vessels with doublesides or double bottoms is January 1,2015.

Before July 1, 1997, a tank vesselowner could extend a single hull tankvessel’s operational life by convertingcargo tanks into voids or segregatedballast tanks and reducing its grosstonnage. If the reduction in grosstonnage placed the vessel under adifferent subsection of § 3703a, thevessel then had a later date for doublehull compliance.

In 1997, Pub. L. 105–85 added a newsubsection (e) to 46 U.S.C. 3703amandating that after July 1, 1997, a tankvessel’s gross tonnage could not bealtered for the purpose of determiningits double hull compliance date withouta waiver from the Secretary ofTransportation. The new provisionrequired that all waiver applications bereceived by January 1, 1998. Wereceived requests from six U.S., and oneforeign tank vessel owners forconversions of fourteen tankships, twointegrated tug-barge units (ITBs), andfifteen barges. On January 6, 1998, theSecretary of Transportation delegatedhis authority to the Commandant to acton these waiver requests.

In February 1998, we contracted astudy entitled An Investigation Into the

Re-Admeasurement of Single HullTankships and Barges By Means ofProtectively Located Segregated BallastTanks. The study determined whichconversions of cargo tanks intoprotectively-located segregated ballasttanks (PL/SBT) would result in asignificant reduction in oil outflowwhen specific parameters are met. Thestudy, looking at three sizes of tankshipsand tank barges, evaluated the risk of oildischarge and used the probabilistic oiloutflow applications we had previouslyestablished under the OPA 90requirements of section 3703a toevaluate new tank vessel hull designs.The study found that in order for tankvessels to significantly reduce the risk ofoil discharge, enough cargo tanks mustbe converted to PL/SBT to meet anequivalent oil spill (EOS) number of atleast 15% less than the vessel’s existingoutflow signature.

We provided a copy of the study andthe conversion parameters to eachwaiver applicant so they could submittheir plans for modifications andcomplete the supporting materials fortheir waiver applications. A copy of theCoast Guard study is available forreview in the public docket at theaddress under ADDRESSES.

Requirements for Issuance of a WaiverAs required by § 3703a, a completed

waiver application package consists of—• An application received by January

1, 1998;• Reliable evidence that the tank

vessel had not undergone, norcontracted to undergo, alterations thatreduce the gross tonnage of the vesselbefore July 1, 1997; and

• Supplementary materials thatdemonstrate the proposed alterations tothe tank vessel will result in asignificant reduction in the risk of adischarge of oil.

We must then determine if both—• The owner of the tank vessel has

entered into a binding agreement to alterthe tank vessel in a shipyard in theUnited States to reduce the grosstonnage of the tank vessel by convertinga portion of the cargo tanks of the vesselinto PL/SBT; and

• The conversion will result in asignificant reduction in the risk of adischarge of oil.

Section 3703a requires that we mustthen provide public notice and a sixty-day comment period on eachapplication before we can issue awaiver.

Alterations under this waiver must becompleted by the later of either July 1,1999, or the date of the vessel’s nextspecial hull survey after November 18,1997.

Application for the MARINE CHEMIST

Our records show that MarineChemical Navigation Corporation(MCNC) tank ship MARINE CHEMIST,Official Number 529399, is a U.S.certificated single hull oil tank shipwhich was built in 1970. This tank shiphas a gross tonnage of 20,239. Accordingto 46 U.S.C. 3703a(c)(3), the tank ship’sdouble hull compliance date is January1, 2001.

With an approved waiver, MCNC willreduce its vessel’s gross tonnage to anestimated 14,959 gross tons (GT). Itsnew double hull compliance date under§ 3703a(e) would be January 1, 2004.

The application from MCNC meetsthe requirements for a waiver under§ 3703a(e) by having provided thefollowing:

• Waiver application for the tank shipMARINE CHEMIST was received onDecember 22, 1997;

• ‘‘Statement of Attestation’’ that theMARINE CHEMIST’s gross tonnage wasnot reduced by a contract or shipyardalteration on or before July 1, 1997;

• Copy of its repair contract withBludworth-Bond Shipyard, Inc, ofHouston, Texas, to complete themodifications to the MARINE CHEMISTto convert the number 1A through 1D,2, 4, 5 and 7 port and starboard cargotanks into ballast tanks; and

• Appropriate supplementarymaterials.

Based on the supplementary materialsprovided by MCNC for the tank shipMARINE CHEMIST, we havedetermined the following:

• MCNC can complete the tank shipmodifications before November 30,2000, the date of the vessel’s nextclassification society special survey.

• MCNC’s probabilistic oil outflowsignature of the proposed vesselmodifications will reduce the EOS by26.7%.

MCNC’s complete waiver applicationhas been placed in the docket for publicreview at the address under ADDRESSES.We will consider all comments receivedduring the comment period beforetaking final action on the MCNC waiverapplication for the modification andreduction of tonnage to the tank vesselMARINE CHEMIST.

Dated: August 22, 2000.R. C. North,Rear Admiral, U.S. Coast Guard, AssistantCommandant for Marine Safety andEnvironmental Protection.[FR Doc. 00–21825 Filed 8–23–00; 1:05 pm]BILLING CODE 4910–15–U





RTCA; Joint Special Committee 190/EUROCAE Working Group 52 SoftwareGuidance

Pursuant to section 10(a)(2) of theFederal Advisory Committee Act (Pub.L. 92–463, 5 U.S.C., Appendix 2), noticeis hereby given for Joint SpecialCommittee (SC)–190/EUROCAEWorking Group (WG)–52 meeting to beheld September 18–22, 2000, starting at10:30 a.m. on September 18. Themeeting will be held at Parkhotel St.Leonhard, Uberlingen, Germany.

The agenda will include thefollowing: September 18: 10:30 a.m.–2:00 p.m. (1) Registration; 2:00 p.m.–4:00 p.m. Plenary Session; (2) Welcomeand Introductory Remarks; (3) AgendaOverview; (4) Brief EUROCAE/RTCAStatus of Second Annual ReportPublication; (5) Brief SubgroupExecutive Summaries; 4:00 p.m.–5:00p.m. (6) Subgroup Working Sessions:Software Development Team; SoftwareVerification Team; SpecialConsiderations Team; CNS/ATM Team.September 19: 8:30 a.m.–9:30 a.m. (7)Subgroup Working Sessions continue;(8) Paper Submittals. September 20: 8:30a.m.–9:30 a.m. (9) Plenary Review andApproval of Available Frequently AskedQuestions (FAQs) & Discussion Papers(DPs); (10) CNS/ATM Paper availablefor review; 9:30 a.m.–5 p.m. (11)Subgroup Working Sessions continue;Paper Submittals. September 21: 8:30–9:30 a.m. (12) Plenary Approval onFAQs & DPs available, 9:30 a.m.–5:00p.m. (13) Subgroup Working SessionsContinue. (14) Paper Submittals.September 22: 8:30 a.m.–10:30 a.m. (15)Plenary Approval Process continues(remaining and reworked papers); 10:30a.m. (16) CNS/ATM Report out; (17)Other Business; (18) Closing.

Attendance is open to the interestedpublic but limited to space availability.With the approval of the chairman,members of the public may present oralstatements at the meeting. Personswishing to present statements or obtaininformation should contact the RTCASecretariat, 1140 Connecticut Avenue,NW., Suite 1020, Washington, DC20036; (202) 833–9339 (phone); (202)833–9434 (fax); or http://www.rtca.org(website) or the on-site contacts: Mr.Ross Hannan at 44–118–978–0826(phone); or Mr. Mike DeWalt at 1–425–788–3347. Members of the public maypresent a written statement to thecommittee at any time.

Issued in Washington, DC, on August 21,2000.

Janice L. Peters,Designated Official.[FR Doc. 00–21820 Filed 8–24–00; 8:45 am]




RTCA; Joint RTCA Special Committee181/EUROCAE Working Group 13Standards of Navigation Performance

Pursuant to section 10(a)(2) of theFederal Advisory Committee Act (Pub.L. 92–463, 5 U.S.C., Appendix 2), noticeis hereby given for a joint SpecialCommittee 181/EUROCAE WorkingGroup 13 meeting to be held September6–8, 2000, starting at 9:00 a.m. Themeeting will be held at the TransportCanada, 330 Sparks Street, Ottawa,Canada.

The agenda will include thefollowing: September 6 & 7: (1) WorkingGroups (WG) 1 and 4 to meet separately.September 8: 9 a.m.–10 a.m. (2) PlenarySession; (3) Introductory Remarks: (4)Working Group Reports; (5) Discussion/Review of Special Committee 181 Termsof Reference: (a) Cold TemperatureAddendum to DO–236A; (b) WG–4follow-on activity; (6) New Business; (7)Date and Location of Next Meeting; (8)Closing; 10:00–4:00 p.m. WorkingGroups continue to meet.

Attendance is open to the interestedpublic but limited to space availability.With the approval of the chairman,members of the public may present oralstatements at the meeting. Personswishing to present statements or obtaininformation should contact the RTCASecretariat, 1140 connecticut Avenue,NW., Suite 1020, Washington, DC20036; (202) 833–9339 (phone); (202)833–9434 (fax); or http://www.rtca.org(web site); or the on-site contact, Mr. JimGregory, at (613) 991–9923 (phone),(613) 998–7416 (fax), [email protected](email). Members of the public maypresent a written statement to thecommittee at any time.

Issued in Washington, DC, on August 21,2000.

Janice L. Peters,Designated Official.[FR Doc. 00–21821 Filed 8–24–00; 8:45 am]




Notice of Intent To Rule on ApplicationTo Use the Revenue From a PassengerFacility Charge (PFC) at ClevelandHopkins International Airport,Cleveland, OH

AGENCY: Federal AviationAdministration (FAA), DOTACTION: Notice of intent to rule onapplication.

SUMMARY: The FAA proposes to rule andinvites public comment on theapplication to use the revenue from aPFC at Cleveland Hopkins InternationalAirport under the provisions of theAviation Safety and Capacity ExpansionAct of 1990 (Title IX of the OmnibusBudget Reconciliation Act Of 1990)(Pub. L. 101–508) and Part 158 of theFederal Aviation Regulations (14 CFRPart 158).DATES: Comments must be received onor before September 25, 2000.ADDRESSES: Comments on thisapplication may be mailed or deliveredin triplicate to the FAA at the followingaddress: Federal AviationAdministration, Detroit Airports DistrictOffice, Willow Run Airport, East, 8820Beck Road Belleville, Michigan 48111.

In addition, one copy of anycomments submitted to the FAA mustbe mailed or delivered to LaVonneSheffield-McClain, Director, Departmentof Port Control of the City of Clevelandat the following address: ClevelandHopkins International Airport, 5300Riverside Drive, Cleveland, Ohio 44135.

Air carriers and foreign air carriersmay submit copies of written commentspreviously provided to the Departmentof Port Control under § 158.23 of Part158.FOR FURTHER INFORMATION CONTACT: Mr.Robert L. Conrad, Program Manager,Federal Aviation Administration,Detroit Airport District Office, WillowRun Airport, East, 8820 Beck Road,Belleville, Michigan 48111 (734–487–7295). The application may be reviewedin person at this same location.SUPPLEMENTARY INFORMATION: The FAAproposes to rule and invites publiccomment on the application to use therevenue from a PFC at ClevelandHopkins International Airport under theprovisions of the Aviation Safety andCapacity Expansion Act of 1990 (TitleIX of the Omnibus BudgetReconciliation Act of 1990) (Pub. L.101–508) and Part 158 of the FederalAviation Regulations (14 CFR Part 158).

Only July 24, 2000, the FAAdetermined that the application to use



the revenue from a PFC submitted byCity of Cleveland was substantiallycomplete within the requirements of§ 158.25 of Part 158. The FAA willapprove or disapprove the application,in whole or in part, no later thanOctober 11, 2000.

The following is a brief overview ofthe application.

PFC Application No.: 00–07–U–CLE.Level of the PFC: $3.00.Actual charge effective date: July 1,

1995.Estimate charge expiration date:

January 1, 1997.Total approved net PFC revenue:

$20,700,542.00.Brief description of proposed projects:

NASA Feasibility and Pre-EngineeringStudy for Relocation of Engine TestingFacility and Waste Water/GlycolCollection System.

Class or classes of air carriers whichthe public agency has requested not berequired to collect PFCs: Air taxi/commercial operators.

Any person may inspect theapplication in person at the FAA officelisted above under FOR FURTHERINFORMATION CONTACT.

In addition, any person may, uponrequest, inspect the application, notice,and other documents germane to theapplication in person at the Departmentof Port Control, Cleveland HopkinsInternational Airport.

Issued in Des Plaines, Illinois, on August17, 2000.Benito De Leon,Manager, Planning/Programming Branch,Airports Division, Great Lakes Region.[FR Doc. 00–21818 Filed 8–24–00; 8:45 am]BILLING CODE 4910–13–M



Notice of Intent To Rule on ApplicationTo Impose and Use the Revenue Froma Passenger Facility Charge (PFC) atGolden Triangle Regional Airport,Columbus, MS

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of intent to rule onapplication.

SUMMARY: The FAA proposes to rule andinvites public comment on theapplication to impose and use therevenue from a PFC at Golden TriangleRegional Airport under the provisions ofthe Aviation Safety and CapacityExpansion Act of 1990 (Title IX of theOmnibus Budget Reconciliation Act of1990) (Pub. L. 101–508) and Part 158 of

the Federal Aviation Regulations (14CFR Part 158).DATES: Comments must be received onor before September 25, 2000.ADDRESSES: Comments on thisapplication may be mailed or deliveredin triplicate to the FAA at the followingaddress: Jackson Airports District Office,Jackson International Airport, 100 WestCross Street, Suite B, Jackson, MS39208–2307.

In addition, one copy of anycomments submitted to the FAA mustbe mailed or delivered to Mr. NickArdillo, Jr., Executive Director of theGolden Triangle Regional AirportAuthority at the following address: Mr.Nick P. Ardillo, Jr., Executive Director,Golden Triangle Regional AirportAuthority, 2080 Airport Road,Columbus, MS 39701.

Air carriers and foreign air carriersmay submit copies of written commentspreviously provided to the GoldenTriangle Regional Airport Authorityunder § 158.23 of Part 158.FOR FURTHER INFORMATION CONTACT:David Shumate, Program Manager,Jackson Airports District Office, JacksonInternational Airport, 100 West CrossStreet, Suite B, Jackson, MS 39208–2307, (601) 664–9882. The applicationmay be reviewed in person at this samelocation.SUPPLEMENTARY INFORMATION: The FAAproposes to rule and invites publiccomment on the application to imposeand use the revenue from a PFC atGolden Triangle Regional Airport underthe provisions of the Aviation Safetyand Capacity Expansion Act of 1990(Title IX of the Omnibus BudgetReconciliation Act of 1990) (Pub. L.101–508) and Part 158 of the FederalAviation Regulations (14 CFR Part 158).

On August 18, 2000, the FAAdetermined that the application toimpose and use the revenue from a PFCsubmitted by Golden Triangle RegionalAirport Authority was substantiallycomplete within the requirements of§ 158.25 of Part 158. The FAA willapprove or disapprove the application,in whole or in part, no later thanDecember 14, 2000.

The following is a brief overview ofthe application.

PFC Application No.: 00–02–C–00–GTR.

Level of the proposed PFC: $3.00.Proposed charge effective date:

November 1, 2000.Proposed charge expiration date:

February 1, 2002.Total estimated net PFC revenue:

$223,631.Brief description of proposed

project(s): Rehabilitation of terminal

entrance road; DBE Program; TerminalBuilding Modifications; Rehabilitationof General Aviation Overflow Apron;General Aviation Apron Sealcoat;Security Gates Replacement; TaxiwayPorous Friction Course & Striping;ARFF Vehicle/Fire Fighting Equipment;Renovation of CFR Building; RunwayLighting System.

Class or classes of air carriers whichthe public agency has requested not berequired to collect PFCs: None.

Any person may inspect theapplication in person at the FAA officelisted above under FOR FURTHERINFORMATION CONTACT.

In addition, any person may, uponrequest, inspect the application, noticeand other documents germane to theapplication in person at the GoldenTriangle Regional Airport.

Issued in Jackson, MS on August 18, 2000.Wayne Atkinson,Manager, Jackson Airports District Office,Southern Region.[FR Doc. 00–21819 Filed 8–24–00; 8:45 am]BILLING CODE 4910–13–M


Federal Highway Administration

Environmental Impact Statement:Teton County, Wyoming

AGENCY: Federal HighwayAdministration (FHWA), DOT.ACTION: Notice of intent and publicmeeting.

SUMMARY: The FHWA is issuing thisnotice to advise the public that anenvironmental impact statement will beprepared in accordance with theNational Environmental Policy Act forthe proposed highway reconstruction inTeton County, Wyoming. The FHWA incooperation with the WyomingDepartment of Transportation (WYDOT)invite public comment and will beholding a scoping meeting prior tocommencing work on the environmentalimpact statement.

The meeting will be held onWednesday, September 27, 2000, from5:30 p.m. to 7:00 p.m. A 60-day scopingperiod will begin on September 5, 2000,and concluded on November 5, 2000.Written comments on the scope ofalternatives and impacts to beconsidered must be received by WYDOTby November 5, 2000. The meeting willbe held at Teton County Public Library,125 Virginian Lane, in Jackson, WY.Mail written comments on the ProjectScope to Mr. Timothy L. Stark, P.E.,Environmental Services Manager,



WYDOT, 5300 Bishop Boulevard,Cheyenne, WY 82009–3340.FOR FURTHER INFORMATION CONTACT: Mr.Lee D. Potter, FHWA WyomingDivision, 1916 Evans Avenue,Cheyenne, Wyoming 82001, (307) 772–2012, extension 46.SUPPLEMENTARY INFORMATION: TheFHWA, in cooperation with WyomingDepartment of Transportation(WYDOT), hereby give notice that theyintend to prepare an EnvironmentalImpact Statement (EIS) in accordancewith the National Environmental PolicyAct (NEPA), Public Law 91–190, 83 Stat.852 (1969), as amended, for corridorimprovements in the vicinity of HobackJunction, Teton County, Wyoming. ThisEIS will evaluate the No Build and otherBuild Alternatives for proposed roadand bridge reconstruction in TetonCounty along US Highways 191/26/89/189. The project begins approximately6.1 miles south of Jackson along USHighway 191/26/89/189 and runs southapproximately 7.2 miles to HobackJunction. At Hoback Junction, theproject branches to the southwest, alongUS 26/89, and to the east along US 191/189. The southwest segment, along US26/89, is approximately 0.9 miles inlength and includes the Snake RiverBridge. The east segment, along US 191/189, is approximately 2.9 miles inlength.

Project scoping will be accomplishedthrough coordination with affectedparties, organizations, Federal, State andlocal agencies and through a publicscoping meeting. The FHWA andWYDOT invite interested individuals,organizations, Federal, State and localagencies to participate in defining thealternatives to be evaluated in the EISand identifying any significant social,economic and environmental issuesrelating to the alternatives. Aninformation packet describing thepurpose of the project, the proposedalternatives, the areas to be evaluated,the citizen involvement program, andthe preliminary project schedule will bedeveloped. These scoping materials maybe requested by contacting Mr. TimothyL. Stark at the address above. Scopingcomments may be made verbally at thepublic scoping meeting or in writing.The public will receive notices onlocation and time of the scopingmeeting through newspaperadvertisements and individualcorrespondence.

To ensure that a full range of issuesrelated to this proposed action areaddressed and all significant actions areidentified, comments and suggestionsare invited from all interested parties. If

you wish to be placed on the mailinglist to receive further information as theproject develops, contact Mr. TimothyL. Stark, P.E, as previously described.

Authority: 23 U.S.C. 315; 49 CFR 1.48.

Issued on: August 17, 2000.William C. Jones,Division Administrator, Cheyenne, WY.[FR Doc. 00–21697 Filed 8–24–00; 8:45 am]BILLING CODE 4910–22–M


Federal Transit Administration

[FTA–2000–7836]

Agency Information Collection ActivityUnder OMB Review

AGENCY: Federal Transit Administration,DOT.ACTION: Notice of request for comments.

SUMMARY: In accordance with thePaperwork Reduction Act of 1995 (44U.S.C. 3501 et seq.), this noticeannounces that the InformationCollection Request (ICR) abstractedbelow has been forwarded to the Officeof Management and Budget (OMB) forextension of a currently approvedcollection. The ICR describes the natureof the information collection and itsexpected burden. The Federal RegisterNotice with a 60-day comment periodsoliciting comments for the ProhibitedDrug Use in Transit Operationscollection of information was publishedon May 2, 2000 (65 FR 25530) and onJuly 8, 1999 (64 FR 36957) for theControl of Alcohol Misuse in TransitOperations collection of information. A30-day notice was also published for theControl of Alcohol in Transit Operationscollection of information. TheDepartment has since determined thatthe drug and alcohol collections ofinformation will be combined.DATES: Comments must be submittedbefore September 25, 2000. A commentto OMB is most effective if OMBreceives it on or before September 25,2000.

FOR FURTHER INFORMATION CONTACT:Sylvia L. Barney-Marion, Office ofAdministration, Office of ManagementPlanning, (202) 366–6680.SUPPLEMENTARY INFORMATION:

Title: Prevention of Drug Use andAlcohol Misuse in Transit Operations(OMB Numbers: 2132–0556 and 2132–0557)

Abstract: The OmnibusTransportation Employee Testing Act of1991 (Pub. L. 102–143, October 28,

1991, now codified in relevant part at 49U.S.C. 5331) requires any recipient offederal financial assistance under 49U.S.C. 5309, 5307, or 5311 or under 23U.S.C. 103(e) (4) to establish a programdesigned to help prevent accidents andinjuries resulting from the misuse ofdrugs and alcohol by employees whoperform safety-sensitive functions.FTA’s regulations, 49 CFR part 653,‘‘Prevention of Prohibited Drug Use inTransit Operations,’’ and 49 CFR part654, ‘‘Control of Alcohol Misuse inTransit Operations,’’ effective March 17,1994, require recipients to submit toFTA annual reports containing datawhich summarize informationconcerning the recipients’ drug andalcohol testing programs, such as thenumber and type of tests given, numberof positive test results, and the kinds ofsafety-sensitive functions the employeesperform. FTA uses these data to ensurecompliance with the rule, to assess themisuse of drugs and alcohol in thetransit industry, and to set the randomtesting rate. The data will also be usedto assess the effectiveness of the rule inreducing the misuse of drugs andalcohol among safety-sensitive transitemployees and making transit safer forthe public.

Estimated Total Annual Burden:10,117 hours.

ADDRESSES: All written comments mustrefer to the docket number that appearsat the top of this document and besubmitted to the Office of Informationand Regulatory Affairs, Office ofManagement and Budget, 725—17thStreet, NW., Washington, DC. 20503,Attention: FTA Desk Officer.

Comments Are Invited On: Whetherthe proposed collection of informationis necessary for the proper performanceof the functions of the Department,including whether the information willhave practical utility; the accuracy ofthe Department’s estimate of the burdenof the proposed information collection;ways to enhance the quality, utility andclarity of the information to becollected; and ways to minimize theburden of the collection of informationon respondents, including the use ofautomated collection techniques orother forms of information technology.


Dorrie Y. Aldrich,

Associate Administrator for Administration.[FR Doc. 00–21776 Filed 8–24–00; 8:45 am]





Research and Special ProgramsAdministration

[Docket No. RSPA–2000–6944 (Notice No.00–8)]

Notice of Information CollectionApproval

AGENCY: Research and Special ProgramsAdministration (RSPA), DOT.ACTION: Notice of information collectionapproval

SUMMARY: This notice announces OMBapproval of information collectionrequests (ICRs), for OMB No. 2137–0559, ‘‘Rail Carriers and Tank Car TanksRequirements’’; OMB No. 2137–0014,‘‘Requirements for Cargo Tanks’’; OMBNo. 2137–0051, ‘‘Rulemaking,Exemption, and PreemptionRequirements’’; and OMB No. 2137–0557, ‘‘Approvals for HazardousMaterials’’. These informationcollections have been extended untilAugust 31, 2003.DATES: The expiration date for theseICRs is August 31, 2003.ADDRESSES: Requests for a copy of aninformation collection should bedirected to Deborah Boothe, Office ofHazardous Materials Standards (DHM–10), Research and Special ProgramsAdministration, Room 8102, 400Seventh Street, SW, Washington, DC20590–0001.FOR FURTHER INFORMATION CONTACT:Deborah Boothe, Office of HazardousMaterials Standards (DHM–10),Research and Special ProgramsAdministration, Room 8102, 400Seventh Street, SW, Washington, DC20590–0001, Telephone (202) 366–8553.SUPPLEMENTARY INFORMATION: Office ofManagement and Budget (OMB)regulations (5 CFR 1320) implementingprovisions of the Paperwork ReductionAct of 1995 (Pub. L. 104–13) require thatinterested members of the public andaffected agencies have an opportunity tocomment on information collection andrecordkeeping activities (see 5 CFR1320.8(s)) and specify that no person isrequired to respond to an informationcollection unless it displays a validOMB control number. In accordancewith the Paperwork Reduction Act of1995, RSPA has received OMB approvalof the following ICRs:

OMB Control Number: 2137–0559.Title: Rail Carriers and Tank Car

Tanks Requirements.OMB Control Number: 2137–0014.Title: Requirements for Cargo Tanks.OMB Control Number: 2137–0051.Title: Rulemaking, Exemption, and

Preemption Requirements.

OMB Control Number: 2137–0557.Title: Approvals for Hazardous

Materials.These information collection

approvals expire on August 31, 2003.Issued in Washington, DC on August 22,

2000.Thomas G. Allan,Acting Director, Office of HazardousMaterials Standards.[FR Doc. 00–21822 Filed 8–24–00; 8:45 am]BILLING CODE 4910–60–P

DEPARTMENT OF THE TREASURY


August 17, 2000.The Department of Treasury has

submitted the following publicinformation collection requirement(s) toOMB for review and clearance under thePaperwork Reduction Act of 1995,Public Law 104–13. Copies of thesubmission(s) may be obtained bycalling the Treasury Bureau ClearanceOfficer listed. Comments regarding thisinformation collection should beaddressed to the OMB reviewer listedand to the Treasury DepartmentClearance Officer, Department of theTreasury, Room 2110, 1425 New YorkAvenue, NW., Washington, DC 20220.DATES: Written comments should bereceived on or before September 25,2000 to be assured of consideration.

Bureau of Alcohol, Tobacco andFirearms (BATF)

OMB Number: 1512–0556.Form Number: ATF F 6400.1.Type of Review: Extension.Title: State and Local Training

Registration Request.Description: ATF provides arson and

explosives investigative techniquestraining to State and local investigators.The registration form will be used byprospective students.

Respondents: State, Local or TribalGovernment.


Estimated Burden Hours PerRespondent: 6 minutes.

Estimated Total Reporting Burden: 50hours.

OMB Number: 1512–0557.Form Number: ATF F 5220.6.Type of Review: Extension.Title: Monthly Report—Tobacco

Products Importer.Description: Reports of the lawful

importation and disposition of tobacco

products dealers are necessary todetermine whether those issued thepermits required by 26 U.S.C. Section5713 should be allowed to continuetheir operations or renew their permits.

Respondents: Business of other for-profit, Farms.

Estimated Number of Respondents:1,500.

Estimated Burden Hours PerRespondent: 48 minutes.

Frequency of Response: Monthly.Estimated Total Reporting Burden:

14,400 hours.Clearance Officer: Frank Bowers (202)

927–8930, Bureau of Alcohol, Tobaccoand Firearms, Room 3200, 650Massachusetts Avenue, NW,Washington, DC 20226.

OMB Reviewer: Alexander T. Hunt,(202) 395–7860, Office of Managementand Budget, Room 10202, NewExecutive Office Building, Washington,DC 20503.

Lois K. Holland,Departmental Reports Management Officer.[FR Doc. 00–21764 Filed 8–24–00; 8:45 am]BILLING CODE 4810–31–P





Internal Revenue Service (IRS)

OMB Number: 1545–1547.Form Number: IRS Form W–7A.Type of Review: Extension.Title: Application for Taxpayer

Identification Number for Pending U.S.Adoptions.

Description: Form W–7A is used toapply for an Internal Revenue Servicetaxpayer identification number (anATIN) for use in pending adoptions. AnATIN is a temporary nine-digit numberissued by the IRS to individuals who are



in the process of adopting a U.S.resident child but who cannot get asocial security number for that childuntil the adoption is final.

Respondents: Individuals orhouseholds.

Estimated Number of Respondents/Recordkeepers: 50,000.

Estimated Burden Hours PerRespondent/Recordkeeper:

Learning about the law or theform.

8 min.

Preparing the form ................ 16 min.Copying, assembling, and

sending the form to theIRS.

16 min.

Frequency of response: On occasion.Estimated Total Reporting/

Recordkeeping Burden: 35,000 hours.Clearance Officer: Garrick Shear,

Internal Revenue Service, Room 5244,1111 Constitution Avenue, NW,Washington, DC 20224.


Lois K. Holland,Departmental Reports Management Officer.[FR Doc. 00–21765 Filed 8–24–00; 8:45 am]BILLING CODE 4830–01–P




submitted the following public

information collection requirement(s) toOMB for review and clearance under thePaperwork Reduction Act of 1995,Public Law 104–13. Copies of thesubmission(s) may be obtained bycalling the Treasury Bureau ClearanceOfficer listed. Comments regarding thisinformation collection should beaddressed to the OMB reviewer listedand to the Treasury DepartmentClearance Officer, Department of theTreasury, Room 2110, 1425 New YorkAvenue, NW., Washington, DC 20220.

DATES: Written comments should bereceived on or before September 25,2000 to be assured of consideration.

Internal Revenue Service (IRS)

OMB Number: 1545–0089.Form Number: IRS Form 1040NR.Type of Review: Revision.Title: U.S. Nonresident Alien Income

Tax Return.Description: Form 1040NR is used by

nonresident alien individuals andforeign estates and trusts to report theirincome subject to tax and compute thecorrect tax liability. The information onthe return is used to determine whetherincome, deductions, credits, payments,etc., are correctly figured. Affectedpublic are nonresident alienindividuals, estates, and trusts.

Respondents: Individuals orhouseholds, business or other for-profit,farms.



Recordkeeping ...................... 6 hr., 3 min.Learning about the law or the

form.2 hr., 14 min.

Preparing the form ................ 6 hr., 2 min.Copying, assembling, and


1 hr., 44 min.

Frequency of response: Annually.Estimated Total Reporting/

Recordkeeping Burden: 4,080,651 hours.

OMB Number: 1545–0090.Form Number: IRS Forms 1040–SS,

1040–PR and Anejo H–PR.Type of Review: Revision.Title: U.S. Self-Employment Tax

Return (1040–SS); Planilla Para LaDeclaracion De La Contribucion FederalSobre El Trabajo Por Cuenta Propia–Puerto Rico (1040–PR); andContribuciones Sobre El Empleo DeEmpleados Domesticos (Anejo H–PR).

Description: Form 1040–SS (VirginIslands, Guam, American Samoa, andthe Northern Mariana Islands) and1040–PR (Puerto Rico) are used by self-employed individuals to figure andreport self-employment tax under IRCchapter 2 of Subtitle A, and providecredit to the taxpayer’s social securityaccount. Anejo H–PR is used computehousehold employment taxes.

Respondents: Individuals orhouseholds, business or other for-profit,farms.



Form Recordkeeping Learning about the law orthe form Preparing the form

Copying, assembling, andsending the form to the

IRS

1040–SS ............................ 7 hr., 19 min. ..................... 24 min. .............................. 2 hr., 37 min. ..................... 48 min.1040–PR ............................ 6 hr., 46 min. ..................... 37 min. .............................. 2 hr., 24 min. ..................... 48 min.Anejo H–PR (Forma 1040–

PR).33 min. .............................. 37 min. .............................. 43 min. .............................. 34 min.


Recordkeeping Burden: 582,132 hours.

OMB Number: 1545–0096.Form Number: IRS Forms 1042 and

1042–S.Type of Review: Revision.Title: Annual Withholding Tax Return

for U.S. Source Income of ForeignPersons (1042); and Foreign Person’s

U.S. Source Income Subject toWithholding (1042–S).

Description: Form 1042 is used bywithholding agents to report taxwithheld at source on certain incomepaid to nonresident alien individuals,foreign partnerships, and foreigncorporations to the IRS. Form 1042–S isused by withholding agents to reportincome and tax withheld to payees. Acopy of each 1042–S is filed

magnetically or with Form 1042 forinformation reporting purposes. The IRSuses this information to verify that thecorrect amount of tax has been withheldand paid to the United States.

Respondents: Business or other for-profit, individuals or households.



Form 1042 Form 1042–S

Recordkeeping ........................................................................................ 9 hr., 48 min. ................................. 0 min.



Form 1042 Form 1042–S

Learning about the law or the form ......................................................... 2 hr., 7 min. ................................... 0 min.Preparing the form .................................................................................. 4 hr., 14 min. ................................. 25 min.Copying, assembling, and sending the form to the IRS ......................... 32 min. ........................................... 0 min.


Recordkeeping Burden: 1,039,620 hours.OMB Number: 1545–0129.Form Number: IRS Form 1120–POL.Type of Review: Extension.Title: U.S. Income Tax Return for

Certain Political Organizations.Description: Certain political

organizations file Form 1120–POL toreport the tax imposed by section 527.The form is used to designate aprincipal business campaign committeethat is subject to a lower rate of taxunder section 527(h). IRS uses Form1120–POL to determine if the proper taxwas paid.

Respondents: Not-for-profitinstitutions.




form.5 hr., 3 min.



1 hr., 52 min.


Recordkeeping Burden: 234,907 hours.OMB Number: 1545–0175.Form Number: IRS Form 4626.Type of Review: Extension.Title: Alternative Minimum Tax—

Corporations.Description: Form 4626 is used by

corporations to calculate theiralternative minimum tax.

Respondents: Business or other for-profit.




form.12 hr., 12 min.

Preparing and sending theform to the IRS.

13 hr., 3 min.


Recordkeeping Burden: 2,606,400 hoursOMB Number: 1545–0219.Form Number: IRS Form 5884.Type of Review: Revision.

Title: Work Opportunity Credit.Description: Internal Revenue Code

(IRC) section 38(b)(2) allows a creditagainst income tax to employers hiringindividuals for certain targeted groupssuch as welfare recipients, etc. Theemployer uses Form 5884 to figure thecredit. IRS uses the information on theform to verify that the correct amount ofcredit was claimed.

Respondents: Individuals orhouseholds, Business or other for-profit.




form.1 hr., 0 min.


1 hr., 9 min.


Recordkeeping Burden: 101,623 hours.OMB Number: 1545–0956.Form Number: IRS Form 5500–EZ.Type of Review: Extension.Title: Annual Return of One-

Participant (Owners and Their Spouses)Retirement Plan.

Description: Form 5500–EZ is anannual return by a one-participant andspouse pension plan. The IRS uses thisdata to determine if the plan appears tobe operating properly as required underthe law or whether the plan should beaudited.





form.2 hr., 13 min.



32 min.


Recordkeeping Burden: 6,355,000 hours.OMB Number: 1545–1556.Regulation Project Number: REG–

251985–96 Final.Type of Review: Extension.Title: Source of Income From Sales of

Inventory Partly From Sources Within a

Possession of the United States; Also,Source of Income Derived From CertainPurchases From a Corporation ElectingSection 936.

Description: The informationrequested in section 1.863–3(f)(6) isnecessary for the Service to audittaxpayers’ return to ensure taxpayers areproperly determining the source of theirincome.



Estimated Burden Hours PerRespondent: 2 hours, 30 minutes.

Frequency of response: Annually.Estimated Total Reporting Burden:

500 hours.OMB Number: 1545–1593.Form Number: IRS Form 1041–QFT.Type of Review: Extension.Title: U.S. Income Tax Return for

Qualified Funeral Trusts.Description: Internal Revenue Code

(IRC) section 685 allows the trustee ofa qualified funeral trust to elect to reportand pay the tax for the trust. Data isused to determine that the trustee filedthe proper return and paid the correcttax.





form.1 hr., 54 min.



48 min.


Recordkeeping Burden: 250,800 hours.OMB Number: 1545–1606.Form Number: IRS Form 8860.Type of Review: Extension.Title: Qualified Zone Academy Bond

Credit.Description: A qualified zone

academy bond is a taxable issued after1997 by a state or local government,with the proceeds used to improvecertain eligible public schools. In lieu ofreceiving interest payments from theissuer, an eligible holder of the bond isgenerally allowed on an annual income



tax credit. Eligible holders of qualifiedzone academy bonds use Form 8860 tofigure and claim this credit.

Respondents: Business or other for-profit, State, Local or TribalGovernment.

Estimated Number of Respondents/Recordkeepers: 100.



form.12 min.


16 min.


Recordkeeping Burden: 527 hours.Clearance Officer: Garrick Shear,



Lois K. Holland,Departmental Reports Management Officer.[FR Doc. 00–21766 Filed 8–24–00; 8:45 am]






Internal Revenue Service (IRS)OMB Number: 1545–0687.Form Number: IRS Form 990–T.Type of Review: Revision.Title: Exempt Organization Business

Income Tax Return.Description: Form 990–T is needed to

compute the section 511 tax onunrelated business income of acharitable organization. IRS uses theinformation to enforce the tax.

Respondents: Not-for-profitinstitutions.




form.24 hr., 48 min.



4 hr., 1 min.


Recordkeeping Burden: 4,873,851 hours.OMB Number: 1545–0976.Form Number: IRS Form 990–W.Type of Review: Revision.Title: Estimated Tax on Unrelated

Business Taxable Income for Tax-Exempt Organizations.

Description: Form 990–W is used bytax-exempt trusts and tax-exemptcorporations to figure estimated taxliability on unrelated business incomeand on investment income for privatefoundations and the amount of eachinstallment payment. Form 990–W is aworksheet only. It is not required to befiled.

Respondents: Not-for-profitinstitutions, business or other for-profit.



Form Recordkeeping Learning about the law or theform Preparing the form

Form 990––W ................................ 10 hr., 2 min ................................. 1 hr., 40 min ................................. 1 hr., 55 min.Form 990–W, Sch. A (Pt. I) ........... 11 hr., 14 min ............................... 42 min ........................................... 54 min.Form 990–W, Sch. A (Pt. II) .......... 23 hr., 26 min ............................... 12 min ........................................... 35 min.Form 990–W, Sch. A (Pt. III) ......... 5 hr., 15 min ................................. 0 min ............................................. 5 min.


Recordkeeping Burden: 388,015 hours.Clearance Officer: Garrick Shear,



Lois K. Holland,Departmental Reports Management Officer.[FR Doc. 00–21767 Filed 8–24–00; 8:45 am]


UNITED STATES INSTITUTE OFPEACE

Sunshine Act Meeting

DATE/TIME: Thursday, September 14,2000, 9:00 a.m.–5:30 p.m.LOCATION: 1200 17th Street, NW, Suite200, Washington, DC 20036–3011.STATUS: Open Session—Portions may beclosed pursuant to Subsection (c) ofSection 552(b) of Title 5, United StatesCode, as provided in subsection1706(h)(3) of the United States Instituteof Peace Act, Public Law 98–525.AGENDA: September 2000 BoardMeeting; Approval of Minutes of theNinety-Fifth Meeting (June 15–17, 2000)of the Board of Directors; Chairman’sReport; President’s Report; CommitteeReports; Fiscal Years 2001 and 2002Budget Review; Review of Unsolicited

Grant Applications; Other GeneralIssues.

CONTACT: Dr. Sheryl Brown, Director,Office of Communications, Telephone:(202) 457–1700.


Charles E. Nelson,Vice President for Management and Finance,United States Institute of Peace.[FR Doc. 00–21873 Filed 8–23–00; 10:51 am]

BILLING CODE 6820–AR–M




[OMB Control No. 2900–0377]

Proposed Information CollectionActivity: Proposed Collection;Comment Request

AGENCY: Veterans BenefitsAdministration, Department of VeteransAffairs.ACTION: Notice.

SUMMARY: The Veterans BenefitsAdministration (VBA), Department ofVeterans Affairs (VA), is announcing anopportunity for public comment on theproposed collection of certaininformation by the agency. Under thePaperwork Reduction Act (PRA) of1995, Federal agencies are required topublish notice in the Federal Registerconcerning each proposed collection ofinformation, including each proposedextension of a currently approvedcollection for which approval hasexpired, and allow 60 days for publiccomment in response to the notice. Thisnotice solicits comments on informationneeded to repurchase a default loan.DATES: Written comments andrecommendations on the proposedcollection of information should bereceived on or before October 24, 2000.ADDRESSES: Submit written commentson the collection of information toNancy J. Kessinger, Veterans BenefitsAdministration (20S52), Department ofVeterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420. Please referto ‘‘OMB Control No. 2900–0377’’ inany correspondence.FOR FURTHER INFORMATION CONTACT:Nancy J. Kessinger at (202) 273–7079 orFAX (202) 275–5947.SUPPLEMENTARY INFORMATION: Under thePRA of 1995 (Pub. L. 104–13; 44 U.S.C.,3501–3520), Federal agencies mustobtain approval from the Office ofManagement and Budget (OMB) for eachcollection of information they conductor sponsor. This request for comment isbeing made pursuant to Section3506(c)(2)(A) of the PRA.

With respect to the followingcollection of information, VBA invitescomments on: (1) Whether the proposedcollection of information is necessaryfor the proper performance of VBA’sfunctions, including whether theinformation will have practical utility;(2) the accuracy of VBA’s estimate of theburden of the proposed collection ofinformation; (3) ways to enhance thequality, utility, and clarity of theinformation to be collected; and (4)ways to minimize the burden of thecollection of information onrespondents, including through the useof automated collection techniques orthe use of other forms of informationtechnology.

Title: Claim for Repurchase of Loan,VA Form 26–8084.

OMB Control Number: 2900–0377.Type of Review: Extension of a

currently approved collection.

Abstract: VA Form 26–8084 is usedand completed by the holder of adelinquent vendee account, which hasbeen guaranteed by VA. The holder ofa delinquent vendee account is legallyentitled to repurchase of the loan by VAwhen the loan has been continuously indefault for three months and the amountof the delinquency equals or exceeds thesum of two monthly installments.

Affected Public: Business or other for-profit.

Estimated Annual Burden: 421 hours.Estimated Average Burden Per

Respondent: 30 minutes.Frequency of Response: On occasion.Estimated Number of Respondents:

842.Dated: July 19, 2000.By direction of the Secretary.

Donald L. Neilson,Director, Information Management Service.[FR Doc. 00–20864 Filed 8–24–00; 8:45 am]BILLING CODE 8320–01–P


Medical Research Service Merit ReviewCommittee, Meetings

The Department of Veterans Affairsgives notice under the Federal AdvisoryCommittee Act, 5 U.S.C. App., of thefollowing meetings to be held from 8a.m. to 5 p.m. as indicated below:

Subcommittee for Date Location

Respiration ........................................................................ September 18, 2000 ................................. Holiday Inn Central.Nephrology ........................................................................ September 20, 2000 ................................. Holiday Inn Central.Mental Hlth & Behavioral Sciences .................................. September 21–22, 2000 ........................... Holiday Inn Central.Aging & Clinical Geriatrics ................................................ September 25, 2000 ................................. Holiday Inn Central.Gastroenterology .............................................................. September 25–26, 2000 ........................... Holiday Inn Central.Cardiovascular Studies ..................................................... September 29, 2000 ................................. Holiday Inn Central.Epidemiology .................................................................... September 29, 2000 ................................. Holiday Inn Central.Surgery ............................................................................. October 2, 2000 ........................................ Holiday Inn Central.Endocrinology ................................................................... October 5–6, 2000 .................................... Holiday Inn Central.Alcohol & Drug Dependence ............................................ October 6, 2000 ........................................ Holiday Inn Central.Infectious Diseases ........................................................... October 12–13, 2000 ................................ Holiday Inn Central.Neurobiology-C ................................................................. October 13, 2000 ...................................... Holiday Inn Central.General Medical Science .................................................. October 16–17, 2000 ................................ Washington Plaza.Oncology ........................................................................... October 16–18, 2000 ................................ Holiday Inn Central.Hematology ....................................................................... October 19, 2000 ...................................... Washington Plaza.Immunology ...................................................................... October 26–27, 2000 ................................ Holiday Inn Central.Neurobiology-D ................................................................. October 26–27, 2000 ................................ Holiday Inn Central.Medical Research Service Merit Review Committee ....... December 7, 2000 .................................... Holiday Inn Central.

The addresses of the hotels are:Holiday Inn Central, 1501 Rhode IslandAvenue, NW, Washington, DC 20005.Washington Plaza, 10 Thomas Circle,NW, Washington, DC 20005.

These subcommittee meetings will befor the purpose of evaluating thescientific merit of research conducted in

each specialty by Department ofVeterans Affairs (VA) investigatorsworking in VA Medical Centers andClinics.

The subcommittee meetings will beopen to the public for approximatelyone hour at the start of each meeting todiscuss the general status of the

program. The remaining portion of eachsubcommittee meeting will be closed tothe public for the review, discussion,and evaluation of initial and renewalprojects.

The closed portion of the meetingsinvolves discussion, examination,reference to, and oral review of site



visits, staff and consultant critiques ofresearch protocols and similardocuments. During this portion of thesubcommittee meetings, discussion andrecommendations will deal withqualifications of personnel conductingthe studies, the disclosure of whichwould constitute a clearly unwarrantedinvasion of personal privacy, as well asresearch information, the prematuredisclosure of which could significantly

frustrate implementation of proposedagency action regarding such researchprojects.

As provided by subsection 10(d) ofPublic Law 92–463, as amended byPublic Law 94–409, closing portions ofthese subcommittee meetings is inaccordance with 5 U.S.C., 552b(c) (6)and (9)(B). Those who plan to attend orwould like to obtain a copy of minutesof the subcommittee meetings androsters of the members of the

subcommittees should contact LeRoyFrey, Chief, Program Review Division,Medical Research Service, Departmentof Veterans Affairs, Washington, DC,(202) 408–3630.

Dated: August 18, 2000.By Direction of the Acting Secretary.

Marvin R. Eason,Committee Management Officer.[FR Doc. 00–21723 Filed 8–24–00; 8:45 am]BILLING CODE 8320–01–M


This section of the FEDERAL REGISTERcontains editorial corrections of previouslypublished Presidential, Rule, Proposed Rule,and Notice documents. These corrections areprepared by the Office of the FederalRegister. Agency prepared corrections areissued as signed documents and appear inthe appropriate document categorieselsewhere in the issue.

Corrections Federal Register

51903

Vol. 65, No. 166




[Docket No. CP00-425-000]

Dominion Transmission, Inc. (formerlyCNG Transmission Corp.); Notice ofRequest Under Blanket Authorization

Correction

In notice document 00–20484beginning on page 49557 in the issue ofMonday, August 14, 2000, the docketnumber should read as set forth above.[FR Doc. C0–20484 Filed 8–24–00; 8:45 am]

BILLING CODE 1505–01–D



[Docket Nos. EC96–19–000 and ER96–1663–000]

California Power ExchangeCorporation; Notice of Filing

Correction

In notice document 00–20785beginning on page 49974 in the issue ofWednesday, August 16, 2000, make thefollowing correction:

On page 49974, in the first column,the docket numbers should appear as setforth above.

[FR Doc. C0–20785 Filed 8–24–00; 8:45 am]

BILLING CODE 1505–01–D


Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AF97

Endangered and Threatened Wildlifeand Plants; Reopening of CommentPeriod and Notice of Availability ofDraft Economic Analysis on ProposedCritical Habitat Determination for theSan Diego Fairy Shrimp

Correction

In proposed rule document 00–21308beginning on page 50672 in the issue ofMonday, August 21, 2000, make thefollowing correction:

1. On page 50673, in the first column,in the first line, ‘‘September 11, 2000’’should read ‘‘September 5, 2000’’.

2. On the same page, in the thirdcolumn, in the first paragraph, in thethird line from the bottom, ‘‘September15, 2000’’ should read ‘‘September 5,2000’’.

[FR Doc. C0–21308 Filed 8–24–00; 8:45 am]BILLING CODE 1505–01–D

VerDate 11<MAY>2000 12:31 Aug 24, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4734 Sfmt 4734 E:\FR\FM\25AUCX.SGM pfrm07 PsN: 25AUCX

Friday,

August 25, 2000

Part II

Department ofHousing and UrbanDevelopmentFederal Property Suitable as Facilities ToAssist the Homeless; Notice



DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT

[Docket No. FR–4557–N–34]

Federal Property Suitable as FacilitiesTo Assist the Homeless

AGENCY: Notice of the AssistantSecretary for Community Planning andDevelopment, HUD.ACTION: Notice.

SUMMARY: This Notice identifiesunutilized, underutilized, excess, andsurplus Federal property reviewed byHUD for suitability for possible use toassist the homeless.FOR FURTHER INFORMATION CONTACT:Clifford Taffet, Room 7266, Departmentof Housing and Urban Development,451 Seventh Street, SW., Washington,DC 20410; telephone (202) 708–1234;TTY number for the hearing- andspeech-impaired (202) 708–2565 (thesetelephone numbers are not toll-free), orcall the toll-free Title V information lineat 1–800–927–7588.SUPPLEMENTARY INFORMATION:

In accordance with 24 CFR Part 581and section 501 of the Stewart B.McKinney Homeless Assistance Act (42U.S.C. 11411), as amended, HUD ispublishing this Notice to identifyFederal buildings and other realproperty that HUD has reviewed forsuitability for use to assist the homeless.The properties were reviewed usinginformation provided to HUD byFederal landholding agencies regardingunutilized and underutilized buildingsand real property controlled by suchagencies or by GSA regarding itsinventory of excess or surplus Federalproperty. This Notice is also publishedin order to comply with the December12, 1988 Court Order in NationalCoalition for the Homeless v. VeteransAdministration, No. 88–2503–(D.D.C.).

Properties reviewed are listed in thisNotice according to the followingcategories: Suitable/available, suitable/unavailable, suitable/to be excess, andunsuitable. The properties listed in thethree suitable categories have beenreviewed by the landholding agencies,and each agency has transmitted toHUD: (1) Its intention to make theproperty available for use to assist thehomeless, (2) its intention to declare theproperty excess to the agency’s needs or(3) a statement of the reasons that theproperty cannot be declared excess ormade available for use as facilities toassist the homeless.

Properties listed as suitable/availablewill be available exclusively forhomeless use for a period of 60 daysfrom the date of this Notice. Homeless

assistance providers interested in anysuch property should send a writtenexpression of interest to HHS, addressedto Brian Rooney, Division of PropertyManagement, Program Support Center,HHS, Room 5B–41, 5600 Fishers Lane,Rockville, MD 20857; (301) 443–2265.(This is not a toll-free number.) HHSwill mail to the interested provider anapplication packet, which will includeinstructions for completing theapplication. In order to maximize theopportunity to utilize a suitableproperty, providers should submit theirwritten expression of interest as soon aspossible. For complete detailsconcerning the processing ofapplications, the reader is encouraged torefer to the interim rule governing thisprogram, 24 CFR part 581.

For properties listed as suitable/to beexcess, that property may, ifsubsequently accepted as excess byGSA, be made available for use by thehomeless in accordance with applicablelaw, subject to screening for otherFederal use. At the appropriate time,HUD will publish the property in aNotice showing it as either suitable/available or suitable/unavailable.

For properties listed as suitable/unavailable, the landholding agency hasdecided that the property cannot bedeclared excess or made available foruse to assist the homeless, and theproperty will not be available.

Properties listed as unsuitable willnot be made available for any otherpurpose for 20 days from the date of thisNotice. Homeless assistance providersinterested in a review by HUD of thedetermination of unsuitability shouldcall the toll free information line at 1–800–927–7588 for detailed instructionsor write a letter to Clifford Taffet at theaddress listed at the beginning of thisNotice. Included in the request forreview should be the property address(including zip code), the date ofpublication in the Federal Register, thelandholding agency, and the propertynumber.

For more information regardingparticular properties identified in thisNotice (i.e., acreage, floor plan, existingsanitary facilities, exact street address),providers should contact theappropriate landholding agencies at thefollowing addresses: Army: Mr. JeffHolste, Military Programs, U.S. ArmyCorps of Engineers, Installation SupportCenter, Planning & Real PropertyBranch, Attn: CEMP–IP, 441 G Street,NW., Washington, DC 20314–1000;(202) 761–5737; (these are not toll-freenumbers).

Dated: August 17, 2000.Fred Karnas, Jr.,Deputy Assistant Secretary for Special NeedsAssistance Programs.

TITLE V, FEDERAL SURPLUS PROPERTYPROGRAM FEDERAL REGISTER REPORTFOR 8/25/00

Suitable/Available Properties

Buildings (by State)

Alabama

Bldg. 60101Shell Army HeliportFt. Rucker Co: Dale AL 36362–5000Landholding Agency: ArmyProperty Number: 21199520152Status: UnutilizedComment: 6082 sq. ft., 1-story, most recent

use—airfield fire station, off-site use onlyBldg. 60103Shell Army HeliportFt. Rucker Co: Dale AL 36362–5000Landholding Agency: ArmyProperty Number: 21199520154Status: UnutilizedComment: 12516 sq. ft., 2-story, most recent

use—admin., off-site use onlyBldg. 60110Shell Army HeliportFt. Rucker Co: Dale AL 36362–5000Landholding Agency: ArmyProperty Number: 21199520155Status: UnutilizedComment: 8319 sq. ft., 1-story, most recent

use—admin., off-site use onlyBldg. 60113Shell Army HeliportFt. Rucker Co: Dale AL 36362–5000Landholding Agency: ArmyProperty Number: 21199520156Status: UnutilizedComment: 4000 sq. ft., 1-story, most recent

use—admin., off-site use only

Alaska

Bldgs. 420, 422, 426, 430Fort RichardsonAnchorage AK 99505–6500Landholding Agency: ArmyProperty Number: 21199740276Status: ExcessComment: 13,056 sq. ft., presence of

asbestos/lead paint, most recent use—family housing, off-site use only

Bldg. 789Fort RichardsonAnchorage Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21199910084Status: ExcessComment: 19,001 sq. ft., concrete block, most

recent use—vehicle maint., off-site useonly

Bldg. 263Fort RichardsonFt. Richardson Co: AK 99505–Landholding Agency: ArmyProperty Number: 21199930111Status: ExcessComment: 13,056 sq. ft., most recent use—

housing, off-site use onlyBldg. 636Fort Richardson



Ft. Richardson Co: AK 99505–Landholding Agency: ArmyProperty Number: 21199930112Status: ExcessComment: 33,726 sq. ft., concrete block, most

recent use—library, off-site use onlyBldg. 736Fort RichardsonFt. Richardson Co: AK 99505–Landholding Agency: ArmyProperty Number: 21199930113Status: ExcessComment: 7,090 sq. ft., most recent use—

admin., off-site use onlyBldg. 786Fort RichardsonFt. Richardson Co: AK 99505–Landholding Agency: ArmyProperty Number: 21199930114Status: ExcessComment: 2,242 sq. ft., most recent use—

driver’s testing facility, off-site use onlyBldg. 978Fort RichardsonFt. Richardson Co: AK 99505–Landholding Agency: ArmyProperty Number: 21199930116Status: ExcessComment: 2,411 sq. ft., concrete block, most

recent use—training, off-site use onlyBldg. 980Fort RichardsonFt. Richardson Co: AK 99505–Landholding Agency: ArmyProperty Number: 21199930117Status: ExcessComment: 11,651 sq. ft., concrete block, most

recent use—vechicle maintenance, off-siteuse only

Bldg. 58780Fort RichardsonFt. Richardson Co: AK 99505–Landholding Agency: ArmyProperty Number: 21199930118Status: ExcessComment: 3230 sq. ft., most recent use—

admin., off-site use only.Bldg. 760Fort RichardsonFt. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020156Status: UnutilizedComment: 24,896 sq. ft., concrete, most

recent use—veh. maint., off-site use only.Bldg. 08100Fort RichardsonFt. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020157Status: UnutilizedComment: 4688 sq. ft., concrete, most recent

use—hazard bldg., off-site use only.Bldgs. 09100, 09104–09106Fort RichardsonFt. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020158Status: UnutilizedComment: various sq. ft., concrete, most

recent use—hazard bldg., off-site use only.5 Bldgs.Fort Richardson09108, 09110–09112, 09114

Ft. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020159Status: UnutilizedComment: various sq. ft., concrete, most

recent use—hazard bldg., off-site use only.Bldgs. 09128, 09129Fort RichardsonFt. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020160Status: UnutilizedComment: various sq. ft., concrete, most

recent use—hazard bldg., off-site use only.Bldgs. 09151, 09155, 09156Fort RichardsonFt. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020161Status: UnutilizedComment: various sq. ft., concrete, most

recent use—hazard bldg., off-site use only.Bldg. 09158Fort RichardsonFt. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020162Status: UnutilizedComment: 672 sq. ft., most recent use—

storage shed, off-site use only.Bldgs. 09160–09162Fort RichardsonFt. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020163Status: UnutilizedComment: 11520 sq. ft., concrete, most recent

use—NCO–ENL FH, off-site use only.Bldgs. 09164, 09165Fort RichardsonFt. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020164Status: UnutilizedComment: 2304 & 2880 sq. ft., most recent

use—storage, off-site use only.Bldg. 10100Fort RichardsonFt. Richardson Co: AK 99505–6500Landholding Agency: ArmyProperty Number: 21200020165Status: UnutilizedComment: 4688 sq. ft., concrete, most recent

use—hazard bldg., off-site use only.

Arizona

Bldg. 30012Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 21199310298Status: ExcessComment: 237 sq. ft., 1-story block, most

recent use—storage.Bldg. S–306Yuma Proving GroundYuma Co: Yuma/La Paz AZ 85365–9104Landholding Agency: ArmyProperty Number: 21199420346Status: UnutilizedComment: 4103 sq. ft., 2-story, needs major

rehab, off-site use onlyBldg. 305Yuma Proving GroundYuma Co: Yuma AZ 85365–9104

Landholding Agency: ArmyProperty Number: 21199520073Status: UnderutilizedComment: 3789 sq. ft., 2-story, major

structural changes required to meet floorloading & fire code requirements, presenceof asbestos, off-site use only

5 Bldgs.Fort HuachucaSierra Vista Co: Cochise AZ 85635–Location: 44101, 44102, 44124, 44125, 44201Landholding Agency: ArmyProperty Number: 21199840129Status: ExcessComment: various sq. ft. & bdrm units,

presence of asbestos/lead paint, mostrecent use—family housing, off-site useonly

Bldgs. 87821, 90420Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 21199910087Status: ExcessComment: 377 and 5662 sq. ft., presence of

asbestos/lead paint, most recent use—storage, off-site use only

Bldgs. 12521, 13572Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 21199920183Status: UnutilizedComment: 448 sq. ft. & 54 sq. ft., off-site use

onlyBldgs. 43101–43109Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 21199940001Status: ExcessComment: 969 sq. ft. per unit, 2-units per

bldg., wood/stucco, presence of asbestos/lead paint, most recent use—housing, off-site use only

Bldg. 72908Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 21200010079Status: UnutilizedComment: 16,491 sq. ft., presence of

asbestos/lead paint, most recent use—veh.maint., off-site use only

Bldg. 63001Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 21200010080Status: UnutilizedComment: 2280 sq. ft., presence of asbestos/

lead paint, most recent use—admin., off-site use only

8 Bldgs.Fort HuachucaSierra Vista Co: Cochise AZ 85635–Location: 13570, 15751, 70650, 70651, 87848,

87850, 87851, 87853Landholding Agency: ArmyProperty Number: 21200010081Status: UnutilizedComment: various sq. ft., presence of


2 Bldgs.



Fort HuachucaSierra Vista Co: Cochise AZ 85635–Location: 15542, 15546Landholding Agency: ArmyProperty Number: 21200010082Status: UnutilizedComment: 552 & 400 sq. ft., presence of

asbestos/lead paint, most recent use—restrooms, off-site use only

2 Bldgs.Fort HuachucaSierra Vista Co: Cochise AZ 85635–Location: 15544, 15552Landholding Agency: ArmyProperty Number: 21200010083Status: UnutilizedComment: 9713 & 2895 sq. ft., presence of

asbestos/lead paint, most recent use—classrooms, off-site use only

Bldg. 15543Fort HuachucaSierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 21200010084Status: UnutilizedComment: 416 sq. ft., presence of asbestos/

lead paint, most recent use—rec. shelter,off-site use only

7 Bldgs.Fort HuachucaSierra Vista Co: Cochise AZ 85635–Location: 15550, 70108, 70109, 84004, 84107,

84108, 87852Landholding Agency: ArmyProperty Number: 21200010085Status: UnutilizedComment: various sq. ft., presence of

asbestos/lead paint, most recent use—admin., off-site use only

34 Bldgs.Fort Huachuca62001–62022, 64001–64012Sierra Vista Co: Cochise AZ 85635–Landholding Agency: ArmyProperty Number: 21200020166Status: UnutilizedComment: 658 & 587 sq. ft., presence of

asbestos/lead paint, most recent use—onebedroom family housing, off-site use only

California

Bldg. 4282Presidio of Monterey AnnexSeaside Co: Monterey CA 93944–Landholding Agency: ArmyProperty Number: 21199810378Status: UnutilizedComment: 2283 sq. ft., presence of asbestos/

lead paint, most recent use—office.Bldg. 4461Presidio of Monterey AnnexSeaside Co: Monterey CA 93944–Landholding Agency: ArmyProperty Number: 21199810379Status: UnutilizedComment: 992 sq. ft., presence of asbestos/

lead paint, most recent use—storage.Bldg. 104Presidio of MontereyMonterey Co: CA 93944–Landholding Agency: ArmyProperty Number: 21199910088Status: UnutilizedComment: 8039 sq. ft., presence of asbestos/

lead paint, most recent use—office, off-siteuse only

Bldg. 106Presidio of MontereyMonterey Co: CA 93944–Landholding Agency: ArmyProperty Number: 21199910089Status: UnutilizedComment: 1950 sq. ft., presence of asbestos/

lead paint, most recent use—office/storage,off-site use only



Bldg. 339Presidio of MontereyMonterey Co: CA 93944–Landholding Agency: ArmyProperty Number: 21199910092Status: UnutilizedComment 5654 sq. ft., presence of asbestos/

lead paint, most recent use—off, off-siteuse only



Bldg. 341Presidio of MontereyMonterey Co: CA 93944–Landholding Agency: ArmyProperty Number: 21199910094Status: UnutilizedComment: 371 sq ft., presence of asbestos/



lead paint, most recent use–office, off-siteuse only

Bldgs. 204–207, 517Presidio of MontereyMonterey Co: CA 93944–5006Landholding Agency: ArmyProperty Number: 21200020167Status: UnutilizedComment: 4780 & 10950 sq. ft., presence of

asbestos/lead paint, most recent use—classroom/admin/storage, off-site use only

Colorado

Bldg. S–6223Fort CarsonFt. Carson Co: El Paso CO 80913–Landholding Agency: ArmyProperty Number: 21200020168Status: UnutilizedComment: 9574 sq. ft., concrete block,

presence of asbestos/lead paint, mostrecent use—personnel bldg., off-site useonly.

Bldg. S–6270Fort CarsonFt. Carson Co: El Paso CO 80913–Landholding Agency: ArmyProperty Number: 21200020169Status: UnutilizedComment: 19,067 sq. ft., concrete block,

presence of asbestos/lead paint, mostrecent use—warehouse, off-site use only.

Bldg. S–6276Fort CarsonFt. Carson Co: El Paso CO 80913–Landholding Agency: ArmyProperty Number: 21200020170Status: UnutilizedComment: 2522 sq. ft., concrete block,

presence of asbestos/lead paint, mostrecent use—maint. shop, off-site use only.

Georgia

Bldg. 2285Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199011704Status: UnutilizedComment: 4574 sq. ft., most recent use—

clinic; needs substantial rehabilitation; 1floor.

Bldg. 1252Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199220694Status: UnutilizedComment: 583 sq. ft., 1 story, most recent

use—storehouse, needs major rehab, off-site removal only.


use—storehouse, need repairs, off-siteremoval only.


use—storehouse, need repairs, off-siteremoval only.


use—dining facility, needs major rehab,off-site removal only.


use—storage, need repairs, off-site removalonly.

Bldg. 4967



Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199220728Status: UnutilizedComment: 6077 sq. ft., 1 story, most recent

use—storage, need repairs, off-site removalonly.


use—offices, need repairs, off-site removalonly.


use—vehicle maintenance shop, needrepairs, off-site removal only.

Bldg. 4960, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199220752Status: UnutilizedComment: 3335 sq. ft., 1 story, most recent

use—vehicle maintenance shop, off-siteremoval only

Bldg. 4969, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199220753Status: UnutilizedComment: 8416 sq. ft. 1 story, most recent

use—vehicle maintenance shop, off-siteremoval only


use—headquarters bldg., need repairs, off-site removal only






use—supply bldg., need repairs, off-siteremoval only


use—gas station, needs major rehab, off-site removal only


use—oil house, need repairs, off-siteremoval only

Bldg. 4023, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199310461Status: UnutilizedComment: 2269 sq. ft., 1-story, needs rehab,

most recent use—maintenance shop, off-site use only

Bldg. 4024, Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199310462Status: UnutilizedComent: 3281 sq. ft., 1-story, needs rehab,

most recent use—maintenance shop, off-site use only


most recent use—admin. off-site use onlyBldg. 11813Fort GordonFort Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 21199410269Status: UnutilizedComment: 70 sq. ft.; 1 story; metal; needs

rehab.; most recent use—storage; off-siteuse only

Bldg. 21314Fort GordonFort Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 21199410270Status: UnutilizedComment: 85 sq. ft.; 1 story; needs rehab.;

most recent use—storage; off-site use onlyBldg. 12809Fort GordonFort Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 21199410272Status: UnutilizedComment: 2788 sq. ft.; 1 story; wood; needs

rehab.; most recent use—maintenanceshop; off-site use only

Bldg. 10306Fort GordonFort Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 21199410273Status: UnutilizedComment: 195 sq. ft.; 1 story; wood; most

recent use—oil storage shed; off-site useonly


most recent use—storage, off-site use onlyBldg. 2141Fort GordonFort Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 21199610655Status: UnutilizedComment: 2283 sq. ft., needs repair, most

recent use—office, off-site use onlyBldg. 322Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199720156Status: UnutilizedComment: 9600 sq. ft., needs rehab, most

recent use—admin., off-site use onlyBldg. 1737Fort BenningFort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199720161Status: UnutilizedComment: 1500 sq. ft., needs rehab, most

recent use—storage, off-site use onlyBldg. 2593Fort BenningFort Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199720167Status: UnutilizedComment: 13644 sq. ft., needs rehab, most

recent use—parachute shop, off-site useonly

Bldg. 2595Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199720168Status: UnutilizedComment: 3356 sq. ft., needs rehab, most

recent use—chapel, off-site use onlyBldgs. 2865, 2869, 2872Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199720169Status: UnutilizedComment: approx. 1100 sq. ft. each, needs

rehab, most recent use—shower fac., off-site use only


recent use—vehicle maint. shop, off-siteuse only

8 Bldgs.Fort Benning4700–4701, 4704–4707,4710–4711Ft. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199720189Status: Unutilized



Comment: 6433 sq. ft. each, needs rehab,most recent use—unacommpaniedpersonnel housing, off-site use only


recent use—battalion headquarters bldg.,off-site use only


recent use—dining facility, off-site useonly

Bldg. 4712–4713Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199720193Status: UnutilizedComment: 1983 sq. ft. and 10270 sq. ft.,

needs rehab, most recent use—companyheadquarters bldg., off-site use only


recreation center, off-site use onlyBldg. 318Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199810269Status: UnutilizedComment: 374 sq. ft., poor condition, most

recent use—maint. shop, off-site use onlyBldg. 1792Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199810274Status: UnutilizedComment: 10200 sq. ft., most recent use—

storage, off-site use onlyBldg. 1836Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199810276Status: UnutilizedComment: 2998 sq. ft., most recent use—

admin., off-site use onlyBldg. 4373Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199810286Status: UnutilizedComment: 409 sq. ft., poor condition, most

recent use—station bldg., off-site use onlyBldg. 4628Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: Army

Property Number: 21199810287Status: UnutilizedComment: 5483 sq. ft., most recent use—

admin., off-site use onlyBldg. 92Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199830278Status: UnutilizedComment: 637 sq. ft., needs rehab, most

recent use—admin., off-site use onlyBldg. 2445Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199830279Status: UnutilizedComment: 2385 sq. ft., needs rehab, most

recent use—fire station, off-site use onlyBldg. 4232Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199830291Status: UnutilizedComment: 3720 sq. ft., needs rehab, most

recent use—maint. bay, off-site use onlyBldg. 39720Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 21199930119Status: UnutilizedComment: 1520 sq. ft., concrete block,

possible asbestos/lead paint, most recentuse—office, off-site use only


admin/maint, off-site use onlyBldg. 880Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930121Status: UnutilizedComment: 57,110 sq. ft., most recent use—

instruction, off-site use onlyBldg. 1370Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930122Status: UnutilizedComment: 5204 sq. ft., most recent use—

hdqts. bldg., off-site use onlyBldg. 2288Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930123Status: UnutilizedComment: 2481 sq. ft., most recent use—

admin., off-site use onlyBldg. 2290Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930124

Status: UnutilizedComment: 455 sq. ft., most recent use—



admin., off-site use onlyBldg. 2505Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930127Status: UnutilizedComment: 10,257 sq. ft., most recent use—

repair shop, off-site use onlyBldg. 2508Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930128Status: UnutilizedComment: 2434 sq. ft., most recent use—




storage, off-site use only.Bldg. 4555Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930132Status: UnutilizedComment: 18,240 sq. ft., most recent use—

maint. shop, off-site use only.Bldg. 5886Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930134Status: UnutilizedComment: 67 sq. ft., most recent use—maint/

storage, off-site use only.



Bldgs. 5974–5978Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930135Status: UnutilizedComment: 400 sq. ft., most recent use—

storage, off-site use only.Bldg. 5993Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930136Status: UnutilizedComment: 960 sq. ft., most recent use—

storage, off-site use only.Bldg. 5994Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199930137Status: UnutilizedComment: 2016 sq. ft., most recent use—

storage, off-site use only.Bldg. T–801Hunter Army AirfieldSavannah Co: Chatham GA 31409–Landholding Agency: ArmyProperty Number: 21200010086Status: UnutilizedComment: 4660 sq. ft., needs major repairs,

most recent use—armory, off-site use only.Bldg. T–807Hunter Army AirfieldSavannah Co: Chatham GA 31409–Landholding Agency: ArmyProperty Number: 21200010087Status: UnutilizedComment: 4660 sq. ft., needs major repairs,

most recent use—hq. bldg., off-site useonly.

Bldg. T–809Hunter Army AirfieldSavannah Co: Chatham GA 31409–Landholding Agency: ArmyProperty Number: 21200010088Status: UnutilizedComment: 6461 sq. ft., needs major repairs,

most recent use—hq. bldg., off-site useonly.

Bldg. 2214Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 21200020171Status: UnutilizedComment: 13,508 sq. ft., possible asbestos/

lead paint, most recent use—storage/admin., off-site use only.

Bldg. 2233Fort GordonFt. Gordon Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 21200020172Status: UnutilizedComment: 1720 sq. ft., possible asbestos/lead

paint, most recent use—admin., off-site useonly.

Hawaii

P–88Aliamanu Military ReservationHonolulu Co: Honolulu HI 96818–Location: Approximately 600 feet from Main

Gate on Aliamanu Drive.

Landholding Agency: ArmyProperty Number: 21199030324Status: UnutilizedComment: 45,216 sq. ft., underground tunnel

complex, pres. of asbestos clean-uprequired of contamination, use of respiratorrequired by those entering property, uselimitations.

Bldg. T–675ASchofield BarracksWahiawa HI 96786–Landholding Agency: ArmyProperty Number: 21199640202Status: UnutilizedComment: 4365 sq. ft., most recent use—

office, off-site use onlyBldg. T–337Fort ShafterHonolulu Co: Honolulu HI 96819–Landholding Agency: ArmyProperty Number: 21199640203Status: UnutilizedComment: 132 sq. ft., most recent use—

storage, off-site use only

Illinois

Bldg. 54Rock Island ArsenalRock Island Co: Rock Island IL 61299–Landholding Agency: ArmyProperty Number: 21199620666Status: UnutilizedComment: 2000 sq. ft., most recent use—oil

storage, needs repair, off-site use onlyBldg. 137ASheridan Army Rsv ComplexSheridan Co: IL 60037–Landholding Agency: ArmyProperty Number: 21200020177Status: UnutilizedComment: 120 sq. ft., storage bldg., off-site

use only

Indiana

Bldg. 255–261Ft. Ben HarrisonFt. Ben Harrison Co: IN 60037Landholding Agency: ArmyProperty Number: 21200020178Status: UnutilizedComment: 960 sq. ft., steel storage bldgs., off-

site use only

Kansas

Bldg. 166, Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 21199410325Status: UnutilizedComment: 3803 sq. ft., 3-story brick

residence, needs rehab, presence ofasbestos, located within NationalRegistered Historic District.

Bldg. 184, Fort RileyFt. Riley KS 66442–Landholding Agency: ArmyProperty Number: 21199430146Status: UnutilizedComment: 1959 sq. ft., 1-story, needs rehab,

presence of asbestos, most recent use—boiler plant, historic district.

Bldg. P–390Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199740295

Status: UnutilizedComment: 4713 sq. ft., presence of lead based

paint, most recent use—swine house, off-site use only

Bldg. P–68Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820153Status: UnutilizedComment: 2236 sq. ft., most recent use—

vehicle storage, off-site use onlyBldg. P–69Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820154Status: UnutilizedComment: 224 sq. ft., most recent use—

storage, off-site use onlyBldg. P–93Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820155Status: UnutilizedComment: 63 sq. ft., concrete, most recent

use—storage, off-site use onlyBldg. P–128Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820156Status: UnutilizedComment: 79 sq. ft., concrete, most recent

use—storage, off-site use onlyBldg. P–321Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820157Status: UnutilizedComment: 600 sq. ft., most recent use—

picnic shelter, off-site use onlyBldg. P–347Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820158Status: UnutilizedComment: 2135 sq. ft., most recent use—bath

house, off-site use onlyBldg. P–397Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820159Status: UnutilizedComment: 80 sq. ft., most recent use—

storage, off-site use onlyBldg. S–809Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820160Status: UnutilizedComment: 39 sq. ft., most recent use—access

control, off-site use onlyBldg. S–830Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820161Status: Unutilized



Comment: 5789 sq. ft., most recent use—underground storage, off-site use only

Bldg. S–831Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199820162Status: UnutilizedComment: 5789 sq. ft., most recent use—

underground storage, off-site use onlyBldg. T–2360Fort RileyFt. Riley KSLandholding Agency: ArmyProperty Number: 21199830310Status: UnutilizedComment: 4534 sq. ft., needs major rehab,

most recent use—aces. fac.Bldgs. P–104, P–105, P–106Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199830313Status: UnutilizedComment: 81 sq. ft., most recent use—

storage, off-site use onlyBldg. P–108Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199830314Status: UnutilizedComment: 138 sq. ft., most recent use—


storage, off-site use onlyBldgs. P–163, P–169Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199830316Status: UnutilizedComment: 87 sq. ft., most recent use—



storage, off-site use onlyBldg P–172Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199830319Status: UnutilizedComment: 87 sq. ft., most recent use—

storage, off-site use only

Bldgs. P–173, P–174Fort LeavenworthLeavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199830320Status: UnutilizedComment: 120 sq. ft., most recent use—


industrial, off-site use onlyBldg. P–146Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199920198Status: UnutilizedComment: 196 sq. ft., most recent use—

utility, off-site use onlyBldg. P–149Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199920199Status: UnutilizedComment: 76 sq. ft., most recent use—utility,

off-site use onlyBldg. P–150Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199920200Status: UnutilizedComment: 96 sq. ft., most recent use—utility,

off-site use onlyBldg. P–162Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199920201Status: UnutilizedComment: 81 sq. ft., most recent use—utility,

off-site use onlyBldg. P–242Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199920202Status: UnutilizedComment: 4680 sq. ft., most recent use—

storage, off-site use onlyBldg. T–71Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199930139Status: UnutilizedComment: 180 sq. ft., most recent use—

storage, off-site use onlyBldg. P–75Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199930140Status: UnutilizedComment: 12,129 sq. ft., most recent use—

storage, off-site use onlyBldg. P–76Fort Leavenworth

Leavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199930141Status: UnutilizedComment: 180 sq. ft., most recent use—

storage, off-site use onlyBldgs. P–96, P–97Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199930142Status: UnutilizedComment: 84 sq. ft., most recent use—utility,

off-site use onlyBldgs. P–110, P–114, P–115Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199930143Status: UnutilizedComment: 85–92 sq. ft., most recent use—

utility, off-site use onlyBldg. P–118Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199930144Status: UnutilizedComment: 117 sq. ft., most recent use—

storage, off-site use onlyBldg. P–160, P–161, P–165Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199930145Status: UnutilizedComment: 86–88 sq. ft., most recent use—

utility, off-site use onlyBldg. P–223Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199930146Status: UnutilizedComment: 7,174 sq. ft., most recent use—


storage, off-site use onlyBldg. P–241Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: ArmyProperty Number: 21199930148Status: UnutilizedComment: 5920 sq. ft., most recent use—


storage, off-site use onlyBldg. P–309Fort LeavenworthLeavenworth Co: KS 66027–Landholding Agency: Army




storage, off-site use onlyBldg. T347Fort RileyFt. Riley Co: Manhatten KS 66442–Landholding Agency: ArmyProperty Number: 21199940012Status: UnutilizedComment: 2888 sq. ft., most recent use—

storage, off-site use onlyBldg. S–285Fort RileyManhatten Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 21200010093Status: UnutilizedComment: 800 sq. ft., metal bldg. w/o

windows, most recent use—storage, off-siteuse only

Bldg. T–901Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 21200020179Status: UnutilizedComment: 52 sq. ft., poor, most recent use—

storage, off-site use onlyBldg. P–3010Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 21200020180Status: UnutilizedComment: 144 sq. ft., poor, most recent use—

storage, off-site use onlyBldgs. S–7705, S–7706Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 21200020181Status: UnutilizedComment: 648 sq. ft., poor, presence of

asbestos, most recent use—storage, off-siteuse only

Bldgs. P–7708, P–7709Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 21200020182Status: UnutilizedComment: 206 & 1435 sq. ft., poor, most

recent use—storage, off-site use onlyBldg. P–9007Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 21200020183Status: UnutilizedComment: 540 sq. ft., poor, off-site use onlyBldg. T–9017Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 21200020184Status: UnutilizedComment: 128 sq. ft., poor, off-site use onlyBldg. T–9088Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 21200020185Status: Unutilized

Comment: 246 sq. ft., poor, off-site use only

Louisiana

Bldg. 8405, Fort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199640524Status: UnderutilizedComment: 1029 sq. ft., most recent use—

officeBldg. 8407, Fort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199640525Status: UnderutilizedComment: 2055 sq. ft., most recent use—

admin.Bldg. 8408, Fort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199640526Status: UnderutilizedComment: 2055 sq. ft., most recent use—

admin.Bldg. 8414, Fort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199640527Status: UnderutilizedComment: 4172 sq. ft., most recent use—

barracksBldg. 8423, Fort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199640528Status: UnderutilizedComment: 4172 sq. ft., most recent use—


barracksBldg. 8426, Fort PolkFt. Polk Co: Vernon Parish LA 71459Landholding Agency: ArmyProperty Number: 21199640530Status: UnderutilizedComment: 4172 sq. ft., most recent use—




barracksBldg. 8430, Fort Polk

Ft. Polk Co: Vernon Parish LA 71459Landholding Agency: ArmyProperty Number: 21199640534Status: UnderutilizedComment: 4172 sq. ft., most recent use—





admin.Bldg. 8449, Fort PolkFt. Polk Co: Vernon Parish LA 71459Landholding Agency: ArmyProperty Number: 21199640539Status: UnderutilizedComment: 2093 sq. ft., most recent use—

officeBldg. 8450, Fort PolkFt. Polk Co: Vernon Parish LA 71459Landholding Agency: ArmyProperty Number: 21199640540Status: UnderutilizedComment: 2093 sq. ft., most recent use—

admin.Bldg. 8458, Fort PolkFt. Polk Co: Vernon Parish LA 71459Landholding Agency: ArmyProperty Number: 21199640542Status: UnderutilizedComment: 4172 sq. ft., most recent use—



barracksBldg. 8461, Fort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199640545Status: Underutilized



Comment: 4172 sq. ft., most recent use—barracks

Bldg. 8462, Fort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199640546Status: UnderutilizedComment: 4172 sq. ft., most recent use—










barracksBldg. 8547, Fort PolkFt. Polk Co: Vernon Parish LA 71459–

Landholding Agency: ArmyProperty Number: 21199640557Status: UnderutilizedComment: 4172 sq. ft., most recent use—



barracksBldg. 4960 A–FFort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199940013Status: UnutilizedComment: 4412 sq. ft., most recent use—

housing, off-site use onlyBldg. 5143 A–DFort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199940014Status: UnutilizedComment: 4109 sq. ft., most recent use—

housing, off-site use onlyBldg. 5179 A–FFort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199940015Status: UnutilizedComment: 8969 sq. ft., most recent use—

housing, off-site use onlyBldg. 5253 A–DFort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199940016Status: UnutilizedComment: 4109 sq. ft., most recent use—

housing, off-site use onlyBldg. 5846 A–EFort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199940017Status: UnutilizedComment: 3919 sq. ft., most recent use—

housing, off-site use onlyBldg. 6475 A–BFort PolkFt. Polk Co: Vernon Parish LA 71459–Landholding Agency: ArmyProperty Number: 21199940021Status: UnutilizedComment: 5100 sq. ft., most recent use—

housing, off-site use only

Maryland

Bldg. 370Fort MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21199730256Status: Unutilized

Comment: 19,583 sq. ft., most recent use—NCO club, possible asbestos/lead paint

Bldg. 2446Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21199740305Status: UnutilizedComment: 4720 sq. ft., presence of asbestos/


Bldg. 2472Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21199740306Status: UnutilizedComment: 7670 sq. ft., presence of asbestos/


Bldg. 4700Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21199740309Status: UnutilizedComment: 36,619 sq. ft., presence of


Bldg. 6294Fort MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21199810302Status: UnutilizedComment: 4720 sq. ft., needs rehab, presence

of asbestos/lead paint, most recent use—custodial, off-site use only

Bldg. E5813Aberdeen Proving GroundCo: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21199830326Status: UnutilizedComment: 69 sq. ft., presence of asbestos/

lead paint, most recent use—storageBldg. 00307Aberdeen Proving GroundAberdeen Co: Harford MD 21005–Landholding Agency: ArmyProperty Number: 21199930152Status: UnutilizedComment: 4071 sq. ft., most recent use—

admin., off-site use onlyBldg. 00646Aberdeen Proving GroundAberdeen Co: Harford MD 21005–Landholding Agency: ArmyProperty Number: 21199930153Status: UnutilizedComment: 880 sq. ft., presence of asbestos/

lead paint, most recent use—storage, off-site use only

Bldg. 01110Aberdeen Proving GroundAberdeen Co: Harford MD 21005–Landholding Agency: ArmyProperty Number: 21199930154Status: UnutilizedComment: 396 sq. ft., most recent use—

magazine, off-site use onlyBldg. 01195Aberdeen Proving GroundAberdeen Co: Harford MD 21005–



Landholding Agency: ArmyProperty Number: 21199930155Status: UnutilizedComment: 120 sq. ft., most recent use—

storage, off-site use onlyBldg. E3264Aberdeen Proving GroundAberdeen Co: Harford MD 21005–Landholding Agency: ArmyProperty Number: 21199930156Status: UnutilizedComment: 64 sq. ft., most recent use—access

control facility, off-site use onlyBldg. E3333Aberdeen Proving GroundAberdeen Co: Harford MD 21005–Landholding Agency: ArmyProperty Number: 21199930157Status: UnutilizedComment: 64 sq. ft., most recent use—access

control facility, off-site use onlyBldgs. 2454–2457Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21199940025Status: UnutilizedComment: 4720 sq. ft., needs rehab, presence

of asbestos, most recent use—admin./health clinics, off-site use only

Bldg. 2478Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21199940026Status: UnutilizedComment: 2534 sq. ft., needs rehab, presence

of asbestos, most recent use—health clinic,off-site use only

Bldg. 2845Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21199940027Status: UnutilizedComment: 6104 sq. ft., needs rehab, presence

of asbestos/lead paint, most recent use—admin., off-site use only

Bldg. 00318Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010095Status: UnutilizedComment: 3388 sq. ft., most recent use—veh.

maint. shop/boiler plant, off-site use onlyBldg. 00334Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010096Status: UnutilizedComment: 1250 sq. ft., most recent use—lab,

off-site use onlyBldg. 004602Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010097Status: UnutilizedComment: 5994 sq. ft., most recent use—

admin.Bldg. 00680Aberdeen Proving Ground

Aberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010099Status: UnutilizedComment: 2315 sq. ft., most recent use—

storage, off-site use onlyBldg. 01095Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010100Status: UnutilizedComment: 280 sq. ft., most recent use—

storage, off-site use onlyBldg. 01120Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010101Status: UnutilizedComment: 1564 sq ft., most recent use—

office/machine shop, off-site use onlyBldg. 03031Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010102Status: UnutilizedComment: 1360 sq. ft., most recent use—

heating plantBldg. 03036Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010103Status: UnutilizedComment: 11,016 sq. ft., most recent use—

storageBldg. E1370Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010104Status: UnutilizedComment: 3561 sq. ft., most recent use—

storageBldg. E1376Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010105Status: UnutilizedComment: 10,338 sq. ft., most recent use—

maint. shopBldg. E1377Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010106Status: UnutilizedComment: 168 sq. ft., most recent use—


storage, off-site use onlyBldg. E1461Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: Army


storage, off-site use onlyBldg. E1462Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010109Status: UnutilizedComment: 81 sq. ft., most recent use—safety

shelter, off-site use onlyBldg. E2150Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010110Status: UnutilizedComment: 1092 sq. ft., most recent use—

storage, off-site use onlyBldg. E3242Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010111Status: UnutilizedComment: 2264 sq. ft., most recent use—

admin.Bldg. E3551Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010112Status: UnutilizedComment: 500 sq. ft., most recent use—

access controlBldg. E5177Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010113Status: UnutilizedComment: 142 sq. ft., most recent use—


storageBldg. E5294Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010115Status: UnutilizedComment: 1263 sq. ft., potential

contamination, most recent use—storageBldg. E5452Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010116Status: UnutilizedComment: 9623 sq. ft., potential

contamination, most recent use—storageBldg. E5639Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010117Status: Unutilized



Comment: 1048 sq. ft., most recent use—storage

Bldgs. E5688, E5689Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010118Status: UnutilizedComment: 153 sq. ft., most recent use—a/c

plantBldg. E5858Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010119Status: UnutilizedComment: 1121 sq. ft., most recent use—

storageBldg. E5936Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200010120Status: UnutilizedComment: 11,279 sq. ft., most recent use—

storageBldg. 176Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21200020187Status: UnutilizedComment: 2441 sq. ft., presence of asbestos/


Bldg. 618Fort George G. MeadeFt. Meade Co: Anne Arundel MD 20755–5115Landholding Agency: ArmyProperty Number: 21200020188Status: UnutilizedComment: 12,713 sq. ft., presence of


Bldgs. E5722, E5730, E5732Aberdeen Proving GroundAberdeen Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 21200020189Status: UnutilizedComment: 4070 sq. ft., most recent use—

storage off-site use only.

Massachusetts

Bldg. P–3713Devens RFTADevens Co: MA 01432–Landholding Agency: ArmyProperty Number: 21200020186Status: ExcessComment: 256,760 sq. ft., needs renovation—

estimated cost in excess of $5 million, mostrecent use—veh. maint., presence ofasbestos

Missouri

Bldg. T599Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 21199230260Status: UnderutilizedComment: 18270 sq. ft., 1-story, presence of

asbestos, most recent use—storehouse, off-site use only


5000Landholding Agency: ArmyProperty Number: 21199340212Status: UnutilizedComment: 1296 sq. ft., 1-story wood frame,

most recent use—administrative, nohandicap fixtures, lead base paint, off-siteuse only


5000Landholding Agency: ArmyProperty Number: 21199340219Status: UnderutilizedComment: 4000 sq. ft., 1-story wood frame,

most recent use—storage, no handicapfixtures, off-site use only



lead base paint, most recent use—admin/gen. purpose, off-site use only



lead base paint, most recent use—admin/gen. purpose, off-site use only

Bldg. T–2191Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 21199440334Status: ExcessComment: 4720 sq. ft., 2 story wood frame,

off-site removal only, to be vacated 8/95,lead based paint, most recent use—barracks

Bldg. T–2197Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 21199440335Status: ExcessComment: 4720 sq. ft., 2 story wood frame,

off-site removal only, to be vacated 8/95,lead based paint, most recent use—barracks

Bldg. T590Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–Landholding Agency: ArmyProperty Number: 21199510110Status: ExcessComment: 3263 sq. ft., 1 story, wood frame,

most recent use—admin., to be vacated 8/95, off-site use only


Landholding Agency: ArmyProperty Number: 21199510115Status: ExcessComment: 3158 sq. ft., 1-story, wood frame,

most recent use—admin., to be vacated 8/95, off-site use only

Bldgs. T–2340 thru T2343Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 21199710138Status: UnderutilizedComment: 9267 sq. ft. each, most recent

use—storage/general purposeBldg. 1226Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 21199730275Status: UnutilizedComment: 1600 sq. ft., presence of asbestos/

lad paint, most recent use—admin., off-siteuse

Bldg. 1271Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–





lead paint, most recent use—classroom,off-site use only





5000Landholding Agency: ArmyProperty Number: 21199730279Status: UnutilizedComment: 4720 sq. ft. presence of asbestos/

lead paint, most recent—barracks, off-siteuse only










5000Landholding Agency: ArmyProperty Number: 21199730282Status: UnutilizedComment: 4720 ft., presence of asbestos/lead

paint, most recent use—admin., off-site useonly






lead paint, most recent use—barracks, off-site use only



lead paint, most recent use—diningfacility, off-site use only






lead paint, most recent use—Red Crossfacility, off-site use only


5000Landholding Agency: Army

Property Number: 21199810306Status: UnutilizedComment: 2400 sq. ft., presence of asbestos/







lead paint, off-site use onlyBldgs. 761–766Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 21199810309Status: UnutilizedComment: 2400 sq. ft. presence of asbestos/




lead paint, most recent use—union hall,off-site use only



lead paint, most recent use—union hall,off-site use only







Bldg. 2225

Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 21199810316Status: UnutilizedComment: 820 sq. ft., presence of lead paint,

most recent use—storage, off-site use onlyBldg. 2271Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–












lead paint, most recent use—fire station,off-site use only





5000Landholding Agency: ArmyProperty Number: 21199820166Status: Unutilized



Comment: 2400 sq. ft., presence of asbestos/lead paint, most recent use—storage, off-site use only



















Bldgs. 2142, 2145, 2151–2153Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–



Bldg. 2150

Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–


lead paint, most recent use—dayroom, off-site use only




Bldgs. 2156, 2157, 2163, 2164Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–









Bldgs. 2169, 2181, 2182, 2183Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–







5000Landholding Agency: ArmyProperty Number: 21199820182

Status: UnutilizedComment: 2892 sq. ft., presence of asbestos/


Bldgs. 2192, 2196, 2198Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–



Bldgs. 2304, 2306Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–





off-site use onlyBldg. 1448Fort Leonard WoodCo: Pulaski MO 65473–5000Landholding Agency: ArmyProperty Number: 21199830327Status: UnutilizedComment: 8450 sq. ft., presence of asbestos/

lead paint, most recent use—training, off-site use only

Bldg. 2210Fort Leonard WoodCo: Pulaski MO 65473–5000Landholding Agency: ArmyProperty Number: 21199830328Status: UnutilizedComment: 808 sq. ft., concrete, presence of


Bldg. 2270Fort Leonard WoodCo: Pulaski MO 65473–5000Landholding Agency: ArmyProperty Number: 21199830329Status: UnutilizedComment: 256 sq. ft., concrete, presence of


Bldg. 6036Fort Leonard WoodPulaski Co: MO 65473–8994Landholding Agency: ArmyProperty Number: 21199910101Status: UnderutilizedComment: 240 sq. ft., off-site use onlyBldg. 9110Fort Leonard WoodPulaski Co: MO 65473–8994Landholding Agency: ArmyProperty Number: 21199910108Status: Underutilized



Comment: 6498 sq. ft., presence of asbestos/lead paint, most recent use—familyquarters, off-site use only

Bldgs. 9113, 9115, 9117Fort Leonard WoodPulaski Co: MO 65473–8994Landholding Agency: ArmyProperty Number: 21199910109Status: UnderutilizedComment: 4332 sq. ft., presence of asbestos/

lead paint, most recent use—familyquarters, off-site use only

Bldg. 493Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–Landholding Agency: ArmyProperty Number: 21199930158Status: UnutilizedComment: 26,936 sq. ft., concrete, presence

of asbestos/lead paint, most recent use—store, off-site use only

New Jersey

Bldg. 22Armament R&D Engineering CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199740311Status: UnutilizedComment: 4220 sq. ft., needs rehab, most

recent use—machine shop, off-site use onlyBldg. 178Armament R&D Engineering CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199740312Status: UnutilizedComment: 2067 sq. ft., most recent use—

research, off-site use onlyBldg. 642Armament R&D Engineering CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199740314Status: UnutilizedComment: 280 sq. ft., most recent use—

explosives testing, off-site use only.Bldg. 732Armament R&D Engineering CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199740315Status: UnutilizedComment: 9077 sq. ft., needs rehab, most

recent use—storage, off-site use only.Bldg. 1604Armament R&D Engineering CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199740321Status: UnutilizedComment: 8519 sq. ft., most recent use—

loading facility, off-site use only.Bldg. 3117Armament R&D Engineering CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199740322Status: UnutilizedComment: 100 sq. ft., most recent use—sentry

station, off-site use only.Bldg. 3201Armament R&D Engineering CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: Army


water treatment plant, off-site use only.Bldg. 3202Armament R&D Engineering CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199740325Status: UnutilizedComment: 96 sq. ft., most recent use—snack

bar, off-site use only.Bldg. 3219Armament R&D Engineering CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199740326Status: UnutilizedComment: 288 sq. ft., most recent use—snack

bar, off-site use only.Bldg. 66Armament ResearchPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21200010094Status: UnutilizedComment: 9000 sq. ft., needs rehab, presence

of asbestos/lead paint, most recent use—warehouse, off-site use only.

Bldg. 353Armament ResearchPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21200020191Status: UnutilizedComment: 24,800 sq. ft., most recent use—

physics lab, off-site use only.Bldg. 1530Armament ResearchPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21200020192Status: UnutilizedComment: 10,550 sq. ft., most recent use—

electronic lab, off-site use only.Bldg. 3050Armament ResearchPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21200020193Status: UnutilizedComment: 10,550 sq. ft., most recent use—

barracks, off-site use only.

New Mexico

68 Housing UnitsWhite Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 21199940028Status: UnutilizedComment: 1269 sq. ft., needs major repair,

presence of asbestos, most recent use—housing, off-site use only.

Facility 11230White Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 21199940029Status: UnutilizedComment: 1620 sq. ft., needs major repair,

presence of asbestos, most recent use—housing unit, off-site use only

3 FacilitiesWhite Sands Missile Range

#00651, 00637, 00716White Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 21199940030Status: UnutilizedComment: 1509 sq. ft. ea., needs major repair,

presence of asbestos, most recent use—housing units, off-site use only

17 GaragesWhite Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 21199940031Status: UnutilizedComment: 598 sq. ft., needs major repair,

presence of asbestos, most recent use—garages, off-site use only

37 GaragesWhite Sands Missile RangeWhite Sands Co: Dona Ana NM 88002–Landholding Agency: ArmyProperty Number: 21199940032Status: UnutilizedComment: 312 sq. ft., needs major repair,

presence of asbestos, most recent use—garages, off-site use only

New York

Bldg. T–413Fort DrumCo: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 21199840152Status: UnutilizedComment: 3663 sq. ft., most recent use—

admin., off-site use onlyBldg. T–530Fort DrumCo: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 21199840154Status: UnutilizedComment: 2588 sq. ft., most recent use—HQ

bldg., off-site use onlyBldg. T–840Fort DrumCo: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 21199840155Status: UnutilizedComment: 2803 sq. ft., most recent use—

dining, off-site use onlyBldg. T–2159Fort DrumCo: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 21199840160Status: UnutilizedComment: 1948 sq. ft., off-site use onlyBldg. T–1006Fort DrumFt. Drum Co: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 21200010122Status: UnutilizedComment: 1880 sq. ft., most recent use—hq.

bldg., off-site use onlyBldg. T–2041Fort DrumFt. Drum Co: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 21200010123Status: UnutilizedComment: 3464 sq. ft., most recent use—

maint., off-site use only



Bldg. T–4818Fort DrumFt. Drum Co: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 21200010125Status: UnutilizedComment: 1250 sq. ft., most recent use—

classroom, off-site use only

Ohio

15 UnitsMilitary Family HousingRavenna Army Ammunition PlantRavenna Co: Portage OH 44266–9297Landholding Agency: ArmyProperty Number: 21199230354Status: ExcessComment: 3 bedroom (7 units)—1,824 sq. ft.

each, 4 bedroom 8 units)—2,430 sq. ft.each, 2-story wood frame, presence ofasbestos, off-site use only

7 UnitsMilitary Family HousingGaragesRavenna Army Ammunition PlantRavenna Co: Portage OH 44266–9297Landholding Agency: ArmyProperty Number: 21199230355Status: ExcessComment: 1—4 stall garage and 6—3 stall

garages, presence of asbestos, off-site useonly

Quarters 104Defense Supply CenterColumbus Co: Franklin OH 43216–5000Landholding Agency: ArmyProperty Number: 21200020197Status: UnutilizedComment: 1917 sq. ft., poor condition,

presence of lead paint, most recent use—family housing, off-site use only







Quarters 133A, 133BDefense Supply CenterColumbus Co: Franklin OH 43216–5000Landholding Agency: ArmyProperty Number: 21200020201Status: Unutilized

Comment: 4752 sq. ft., poor condition,presence of lead paint, most recent use—family housing, off-site use only

Oklahoma

Bldg. T–838, Fort Sill838 Macomb RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199220609Status: UnutilizedComment: 151 sq. ft., wood frame, 1 story,

off-site removal only, most recent use—vetfacility (quarantine stable).

Bldg. T–954, Fort Sill954 Quinette RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199240659Status: UnutilizedComment: 3571 sq. ft., 1 story wood frame,

needs rehab, off-site use only, most recentuse —motor repair shop.

Bldg. T–4050 Fort Sill4050 Pitman StreetLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199240676Status: UnutilizedComment: 3177 sq. ft., 1 story wood frame,

needs rehab, off-site use only, most recentuse—storage.

Bldg. T–3325, Fort Sill3325 Naylor RoadLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199240681Status: UnutilizedComment: 8832 sq. ft., 1 story wood frame,

needs rehab, off-site use only, most recentuse–warehouse.

Bldg. T1652, Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199330380Status: UnutilizedComment: 1505 sq. ft., 1-story wood, possible


Bldg. T5637 Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199330419Status: UnutilizedComment: 1606 sq. ft., 1 story, possible

asbestos, most recent use—storage, off-siteuse only.

Bldg. T–4226Fort SillLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 21199440384Status: UnutilizedComment: 114 sq. ft., 1-story wood frame,

possible asbestos and lead paint, mostrecent use—storage, off-site use only

Bldg. P–1015, Fort SillLawton Co: Comanche OK 73501–5100Landholding Agency: ArmyProperty Number: 21199520197Status: UnutilizedComment: 15,402 sq. ft., 1-story, most recent

use—storage, off-site use onlyBldg. P–366, Fort SillLawton Co: Comanche OK 73503–

Landholding Agency: ArmyProperty Number: 21199610740Status: UnutilizedComment: 482 sq. ft., possible asbestos, most

recent use—storage, off-site use onlyBuilding T–2952Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199710047Status: UnutilizedComment: 4,327 sq. ft., possible asbestos and

lead paint, most recent use—motor repairshop, off-site use only

Building P–5042Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199710066Status: UnutilizedComment: 119 sq. ft., possible asbestos and

lead paint, most recent use—heatplant, off-site use only

6 BuildingsFort SillLawton Co: Comanche OK 73503–5100Location: P–6449, S–6451, T–6452, P–6460,

P–6463, S–6450Landholding Agency: ArmyProperty Number: 21199710085Status: UnutilizedComment: various sq. ft., possible asbestos

and lead paint, most recent use—rangesupport, off-site use only

4 BuildingsFort SillLawton Co: Comanche OK 73503–5100Location: T–6465, T–6466, T–6467, T–6468Landholding Agency: ArmyProperty Number: 21199710086Status: UnutilizedComment: various sq. ft., possible asbestos

and lead paint, most recent use—rangesupport, off-site use only

Building P–6539Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199710087Status: UnutilizedComment: 1,483 sq. ft., possible asbestos and


Bldg. T–208Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730344Status: UnutilizedComment: 20,525 sq. ft., possible asbestos

and lead paint, most recent use—trainingcenter, off-site use only

Bldg. T–214Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730346Status: UnutilizedComment: 6332 sq. ft., possible asbestos/lead

paint, most recent use—training center, off-site use only

Bldgs. T–215, T–216Fort SillLawton Co: Comanche OK 73503–5100



Landholding Agency: ArmyProperty Number: 21199730347Status: UnutilizedComment: 6300 sq. ft. each, possible



paint, most recent use—training center, off-site use only


paint, most recent use—hay storage, off-siteuse only

Bldgs. T–837, T–839Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730351Status: UnutilizedComment: approx. 100 sq. ft. each, possible


Bldg. P–934Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730353Status: UnutilizedComment: 402 sq. ft., possible asbestos/lead

paint, most recent use—storage, off-site useonly


paint, most recent use—snack bar, off-siteuse only

Bldgs. T–1468, T–1469Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730357Status: UnutilizedComment: 114 sq. ft., possible asbestos/lead




Bldg. T–1940Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730360

Status: UnutilizedComment: 1400 sq. ft., possible asbestos/lead


Bldgs. T–1954, T–2022Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730362Status: UnutilizedComment: approx. 100 sq. ft. each, possible


Bldg. T–2180Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730363Status: UnutilizedComment: possible asbestos/lead paint, most

recent use—vehicle maint. facility, off-siteuse only




paint, most recent use—fuel storage, off-site use only

Bldgs. T–2186, T–2188, T–2189Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730366Status: UnutilizedComment: 1656—3583 sq. ft., possible

asbestos/lead paint, most recent use—vehicle maint. shop, off-site use only





Bldgs. T–2240, T–2241Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730369Status: Unutilized

Comment: approx. 9500 sq. ft., possibleasbestos/lead paint, most recent use—storage, off-site use only

Bldgs. T–2262, T–2263Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730370Status: UnutilizedComment: approx. 3100 sq. ft., possible

asbestos/lead paint, most recent use—maint. shop, off-site use only



Bldgs. T–2291 thru T–2296Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730372Status: UnutilizedComment: 400 sq. ft., each, possible asbestos/


5 Bldgs.Fort SillT–2300, T–2301, T–2303, T–2306, T–2307Lawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730373Status: UnutilizedComment: various sq., ft., possible asbestos/


Bldg. T–2406Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730374Status: UnutilizedComment: 114 sq., ft., possible asbestos/lead


3 Bldgs.Fort Sill#T–2430, T–2432, T–2435Lawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730376Status: UnutilizedComment: approx. 8900 sq., ft., possible

asbestos/lead paint, most recent use—office, off-site use only


paint, most recent use—vehicle maint.shop, off-site use only

Bldgs. T–3001, T–3006Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730383Status: Unutilized



Comment: approx. 9300 sq., ft., possibleasbestos/lead paint, most recent use—storage, off-site use only




paint, most recent use—office, off-site useonly



Bldgs. T–4021, T–4022Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730389Status: UnutilizedComment: 442–869 sq. ft., possible asbestos/



paint, most recent use—maint. shop, off-site use only








paint, most recent use—dining facility, off-site use only

4 Bldgs.Fort Sill#T–4410, T–4414, T–4415, T–4418Lawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730396Status: UnutilizedComment: 1311 sq. ft., possible asbestos/lead


5 Bldgs.Fort Sill#T–4411 thru T–4413, T–4416 thru T–4417Lawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730397Status: UnutilizedComment: 1244 sq. ft., possible asbestos/lead

paint, most recent use—showers, off-siteuse only


paint, most recent use—dining, off-site useonly

10 Bldgs.Fort Sill#T–4422 thru T–4427, T–4431 thru T–4434Lawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730399Status: UnutilizedComment: 2263 sq. ft., possible asbestos/lead

paint, most recent use—barracks, off-siteuse only

6 Bldgs.Fort SillLawton Co: Comanche OK 73503–5100Location: #T–4436, T–4440, T–4444, T–4445,

T–4448, T–4449Landholding Agency: ArmyProperty Number: 21199730400Status: UnutilizedComment: 1311–2263 sq. ft., possible


5 Bldgs.Fort SillLawton Co: Comanche OK 73503–5100Location: #T–4441, T–4442, T–4443, T–4446,

T–4447Landholding Agency: ArmyProperty Number: 21199730401Status: UnutilizedComment: 1244 sq. ft., possible asbestos/lead

paint, most recent use—showers, off-siteuse only

Bldg. T–5041Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730409

Status: UnutilizedComment: 763 sq. ft., possible asbestos/lead


Bldgs. T–5044, T–5045Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730410Status: UnutilizedComment: 1798/1806 sq. ft., possible

asbestos/lead paint, most recent use—classrooms, off-site use only

4 Bldgs.Fort SillLawton Co: Comanche OK 73503–5100Location: #T–5046, T–5047, T–5048, T–5049Landholding Agency: ArmyProperty Number: 21199730411Status: UnutilizedComment: various sq. ft., possible asbestos/


Bldg T–5420Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730414Status: UnutilizedComment: 189 sq. ft., possible asbestos/lead

paint, most recent use—fuel storage, off-site use only

Bldg. T–5639Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730416Status: UnutilizedComment: 10,720 sq. ft., possible asbestos/


Bldgs. T–7290, T–7291Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199730417Status: UnutilizedComment: 224/840 sq. ft., possible asbestos/

lead paint, most recent use—kennel, off-site use only


paint, most recent use—private club, off-site use only



Bldgs. P–364, P–584, P–588Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199910131Status: Unutilized



Comment: 106 sq. ft., possible asbestos/leadpaint, most recent use—utility plant, off-site use only


paint, most recent use—clubhouse, off-siteuse only

4 Bldgs.Fort SillP–617, P–1114, P–1386, P–1608Lawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199910133Status: UnutilizedComment: 106 sq. ft., possible asbestos/lead

paint, most recent use—utility plant, off-site use only



Bldgs. P–1908, P–2078Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199910136Status: UnutilizedComment: 106 & 131 sq. ft., possible

asbestos/lead paint, most recent use—utility plant, off-site use only


lead paint, most recent use—repair shop,off-site use only

Bldgs. P–2581, P–2773Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199910140Status: UnutilizedComment: 4093 and 4129 sq. ft., possible




Bldgs. P–2912, P–2921, P–2944Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199910144Status: Unutilized

Comment: 1390 sq. ft., possible asbestos/leadpaint, most recent use—office, off-site useonly

Bldg. S–3169Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199910145Status: UnutilizedComment: 6437 sq. ft., possible asbestos/lead





paint, most recent use—car wash, off-siteuse only


paint, most recent use—classroom, off-siteuse only


paint, off-site use onlyBldg. T–4748Fort SillLawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21199910151Status: UnutilizedComment: 1896 sq. ft., possible asbestos/lead



paint, most recent use—maintenance shop,off-site use only


paint, most recent use—gas station, off-siteuse only




paint, most recent use—range support, off-site use only


paint, most recent use—range support, off-site use only


paint, most recent use—control tower, off-site use only


paint, most recent use—transmitter bldg.,off-site use only

Bldg. S–7960Fort SillLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 21199930159Status: UnutilizedComment: 120 sq. ft., possible asbestos/lead






Bldg. T–1932Fort Sill



Lawton Co: Comanche OK 73503–5100Landholding Agency: ArmyProperty Number: 21200010127Status: UnutilizedComment: 1620 sq. ft., possible asbestos/lead

paint, most recent use—storage, off-site useonly.





South Carolina

Bldg. 3499Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 21199730310Status: UnutilizedComment: 3724 sq. ft., needs repair, most

recent use—admin.Bldg. 2441Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 21199820187Status: UnutilizedComment: 2160 sq. ft., needs repair, most

recent use—admin.Bldg. 3605Fort JacksonFt. Jackson Co: Richland SC 29207–Landholding Agency: ArmyProperty Number: 21199820188Status: UnutilizedComment: 711 sq. ft., needs repair, most

recent use—storage, off-site use only

Texas

Bldg. P–377, Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 211993304444Status: UnutilizedComment: 74 sq. ft., 1-story brick, needs

rehab, most recent use—scale house,located in National Historic District, off-site use only

Bldg. T–5901Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199330486Status: UnutilizedComment: 742 sq. ft., 1-story wood frame,

most recent use—admin., off-site use onlyBldg. 4480, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 21199410322Status: Unutilized

Comment: 2160 sq. ft., 1-story, most recentuse—storage, off-site use only

Bldg. P–6615Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199440454Status: ExcessComment: 400 sq. ft., 1-story concrete frame,

off-site removal only, most recent use—detached garage

Bldg. 4201, Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 21199520201Status: UnutilizedComment: 9000 sq. ft., 1-story, off-site use

onlyBldg. P–197Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199640220Status: UnutilizedComment: 13819 sq. ft., possible asbestos/


Bldg. T–230Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199640221Status: UnutilizedComment: 18102 sq. ft., possible asbestos/

lead paint, most recent use—printing plantand shop, off-site use only

Bldg. S–3898Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199640235Status: UnutilizedComment: 4200 sq. ft., presence of asbestos/




Bldg. P–5126Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199640240Status: UnutilizedComment: 189 sq. ft., off-site use onlyBldg. 7137, Fort BlissEl Paso Co: El Paso TX 79916–Landholding Agency: ArmyProperty Number: 21199640564Status: UnutilizedComment: 35,736 sq. ft., 3-story, most recent

use—housing, off-site use onlyBuilding 4630Fort HoodFort Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 21199710088Status: Unutilized

Comment: 21,833 sq. ft., most recent use—Admin., off-site use only

Bldgs. P–605A & P–606AFort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199730316Status: UnutilizedComment: 2418 sq. ft., poor condition,

presence of asbestos/lead paint, historicalcategory, most recent use—indoor firingrange, off-site use only


lead paint, most recent use—instructionbldg., off-site use only

Bldgs. S–1440–S–1446, S–1452Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199730318Status: UnutilizedComment: 4200 sq. ft., presence of lead, most

recent use—instruction bldgs., off-site useonly

4 Bldgs.Fort Sam Houston#S–1447, S–1449, S–1450, S–1451San Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199730319Status: UnutilizedComment: 4200 sq. ft., presence of asbestos/

lead paint, most recent use—instructionbldgs., off-site use only

Bldg. P–4115Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199730327Status: UnutilizedComment: 529 sq. ft., presence of asbestos/

lead paint historic bldg., most recent use—admin., off-site use only

Bldg. T–5113Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199730330Status: UnutilizedComment: 2550 sq. ft., presence of asbestos/

lead paint historical bldg. most recentuse—medical clinic, off-site use only


lead paint, historical category, most recentuse—instruction bldg., off-site use only

Bldg. T–5903Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199730332Status: Unutilized



Comment: 5200 sq. ft., presence of asbestos/lead paint, historical category, most recentuse—admin., off-site use only


lead paint, historical category, most recentuse—admin., off-site use only


lead paint, historical category, most recentuse—pump station, off-site use only



Bldg. P–1382Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199810365Status: UnutilizedComment: 30,082 sq. ft., presence of

asbestos/lead paint, most recent use—housing, off-site use only

Bldg. S–3897Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199810371Status: UnutilizedComment: 4,200 sq. ft., presence of asbestos/

lead paint, most recent use—instruction,off-site use only

Bldg. S–1155Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830347Status: UnutilizedComment: 2100 sq. ft., good, hazard

abatement required, most recent use—instruction bldg., off-site use only

Bldg. S–3896Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830349Status: UnutilizedComment: 4200 sq. ft., fair, hazard abatement

required, most recent use—training, off-siteuse only

Bldg. T–5123Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830350Status: UnutilizedComment: 2596 sq. ft., fair, hazard abatement

required, most recent use—instruction, off-site use only, historical significance.

Bldg. P–6150Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830351Status: UnutilizedComment: 48 sq. ft., fair, hazard abatement

required, most recent use—pumphouse,off-site use only

Bldg. P–6331, P–6335, P–6495Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830353Status: UnutilizedComment: 36 sq. ft., fair, hazard abatement

required, most recent use—pumpingstation, off-site use only


required, most recent use—housing, off-siteuse only

9 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8001, P8008, 8014, 8027, 8033,

8035, 8127, 8229, 8265Landholding Agency: ArmyProperty Number: 21199830355Status: UnutilizedComment: 2456 sq. ft., fair, hazard abatement


11 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8003, P8011, 8012, 8019, 8043,

8202, 8204, 8216, 8235, 8241, 8261Landholding Agency: ArmyProperty Number: 21199830356Status: UnutilizedComment: 2358 sq. ft., fair, hazard abatement


Bldgs. P–8003C, P–8220CFort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830357Status: UnutilizedComment: 1174 sq. ft., fair, hazard abatement

required, most recent use—detachedgarage, off-site use only



7 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8005, 8101, 8107, 8141, 8143,

8146, 8150Landholding Agency: ArmyProperty Number: 21199830359Status: Unutilized

Comment: 1804 sq. ft., fair, hazard abatementrequired, most recent use—housing, off-siteuse only


8226, 8256Landholding Agency: ArmyProperty Number: 21199830361Status: UnutilizedComment: 2253 sq. ft., fair, hazard abatement


4 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8009C, 8027C, 8248C, 8256CLandholding Agency: ArmyProperty Number: 21199830362Status: UnutilizedComment: 681 sq. ft., fair, hazard abatement


3 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8012C, 8039C, 8224CLandholding Agency: ArmyProperty Number: 21199830363Status: UnutilizedComment: 1185 sq. ft., fair, hazard abatement


Bldg. P8016Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830364Status: UnutilizedComment: 2347 sq. ft., fair, hazard abatement



8223, 8243, 8266Landholding Agency: ArmyProperty Number: 21199830365Status: UnutilizedComment: 249 sq. ft., fair, hazard abatement




5 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #8022C, 8023C, 8127C, 8206CLandholding Agency: ArmyProperty Number: 21199830367Status: UnutilizedComment: 513 sq. ft., fair, hazard abatement


Bldgs. P8026, P8028



Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830369Status: UnutilizedComment: approx. 1850 sq. ft., fair, hazard

abatement required, most recent use—housing, off-site use only

3 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8028C, P8143C, P8150CLandholding Agency: ArmyProperty Number: 21199830370Status: UnutilizedComment: 838 sq. ft., fair, hazard abatement


3 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8035C, P8104C, 8236CLandholding Agency: ArmyProperty Number: 21199830372Status: UnutilizedComment: 1017 sq. ft., fair, hazard

abatement, required, most recent use—detached garage, off-site use only

3 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8102, 8106, 8108Landholding Agency: ArmyProperty Number: 21199830375Status: UnutilizedComment: approx. 2700 sq. ft., fair, hazard


Bldgs. P8109, P8137Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830376Status: UnutilizedComment: 1540 sq. ft., fair, hazard abatement


Bldgs. P8112, P8228Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830378Status: UnutilizedComment: 1807 sq. ft., fair, hazard abatement


3 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: P8116, 8151, 8158Landholding Agency: ArmyProperty Number: 21199830380Status: UnutilizedComment: 1691 sq. ft., fair, hazard abatement





8120, 8124, 8168Landholding Agency: ArmyProperty Number: 21199830382Status: UnutilizedComment: various sq. ft., fair, hazard


Bldgs. P8122, P8123Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830383Status: UnutilizedComment: approx. 1400 sq. ft., fair, hazard




8 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: P8131C, 8139C, 8203C, 8211C,

8231C, 8243C, 8249C, 8261CLandholding Agency: ArmyProperty Number: 21199830386Status: UnutilizedComment: 849 sq. ft., fair, hazard abatement






4 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8144, 8267, 8148, 8149Landholding Agency: ArmyProperty Number: 21199830389Status: UnutilizedComment: approx. 2200 sq. ft., fair, hazard


Bldg. P8171Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830392Status: Unutilized

Comment: 1289 sq. ft., fair, hazard abatementrequired, most recent use—housing, off-siteuse only





Bldg. P8174CFort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830395Status: UnutilizedComment: 670 sq. ft., fair, hazard abatement





required, most recent use—officersquarters, off-site use only

Bldg. P8200CFort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830398Status: UnutilizedComment: 924 sq. ft., fair, hazard abatement




3 Bldgs.Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Location: #P8206, 8232, 8233Landholding Agency: ArmyProperty Number: 21199830400Status: Unutilized



Comment: approx. 2400 sq. ft., fair, hazardabatement required, most recent use—housing, off-site use only



Bldgs. P8262C, 8271CFort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830403Status: UnutilizedComment: 1006 sq. ft., fair, hazard abatement


Bldgs. P8269Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199830404Status: UnutilizedComment: 2396 sq. ft., fair, hazard abatement



8100, 8130, 8132, 8138, 8140, 8142, 8145,8147, 8210, 8212, 8221, 8242, 8247, 8264,8257

Landholding Agency: ArmyProperty Number: 21199830405Status: UnutilizedComment: 2777 sq. ft., fair, hazard abatement


Bldg. P–1980Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199840170Status: UnutilizedComment: 2989 sq. ft., fair, presence of

asbestos/lead paint, hazard abatementresponsibility, most recent use—radiosystem station, off-site use only

Bldg. P–1981Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199840171Status: UnutilizedComment: 200 sq. ft., presence of asbestos/

lead paint, hazard abatementresponsibility, most recent use—generatorplant, off-site use only

Bldg. 36Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920204Status: UnutilizedComment: 2250 sq. ft., needs repair, most

recent use—ACS center, off-site use onlyBldg. 37Fort HoodFt. Hood Co: Coryell TX 76544–

Landholding Agency: ArmyProperty Number: 21199920205Status: UnutilizedComment: 2220 sq. ft., needs repair, most

recent use—storage, off-site use onlyBldg. 38Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920206Status: UnutilizedComment: 2700 sq. ft., needs repair, most

recent use—gen. inst., off-site use onlyBldg. 39Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920207Status: UnutilizedComment: 2220 sq. ft., needs repair, most

recent use—storage, off-site use onlyBldg. 41Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920208Status: UnutilizedComment: 1750 sq. ft., needs repair, most

recent use—admin., off-site use onlyBldgs. 43–44Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920209Status: UnutilizedComment: 2750 sq. ft., needs repair, most

recent use—admin. off-site use onlyBldg. 919Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920212Status: UnutilizedComment: 11,800 sq. ft., needs repair, most

recent use—Bde. Hq. Bldg., off-site useonly

Bldg. 923Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920213Status: UnutilizedComment: 4440 sq. ft., needs repair, most

recent use—admin., off-site use onlyBldg. 924Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920214Status: UnutilizedComment: 3500 sq. ft., needs repair, most

recent use—admin., off-site use onlyBldg. 3959Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920224Status: UnutilizedComment: 3373 sq. ft., needs repair, most

recent use—admin., off-site use onlyBldgs. 3967–3969Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: Army

Property Number: 21199920228Status: UnutilizedComment: 5310 sq. ft., needs repair, most

recent use—admin., off-site use onlyBldgs. 3970–3971Fort HoodFt. Hood Co: Coryell TX 76544–Landholding Agency: ArmyProperty Number: 21199920229Status: UnutilizedComment: 3241 sq. ft., needs repair, most

recent use—admin., off-site use only4 Bldgs.Fort Sam HoustonS6161, S6162, S6167, S6168San Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21200010132Status: UnutilizedComment: 900 sq. ft., needs major repairs,

most recent use—admin., off-site use onlyBldg. S1448Fort Sam HoustonSan Antonio Co: Bexar TXLandholding Agency: ArmyProperty Number: 21200010133Status: UnutilizedComment: 4200 sq. ft., possible asbestos/lead


Bldg. T5001Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21200010134Status: UnutilizedComment: 1186 sq. ft., needs major repairs,

possible asbestos/lead paint, most recentuse—admin., off-site use only

Bldg. S6163Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21200010136Status: UnutilizedComment: 3200 sq. ft., needs major repairs,

most recent use—admin., off-site use onlyBldg. S6169Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21200010137Status: UnutilizedComment: 1800 sq. ft., needs major repairs,

most recent use—admin., off-site use onlyBldg. P–2375AFort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21200020202Status: UnutilizedComment: 108 sq. ft., presence of lead paint,

most recent use—storage, off-site use onlyBldg. T–5004Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21200020203Status: UnutilizedComment: 4489 sq. ft., presence of asbestos/


Bldg. 92043Fort Hood



Ft. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 21200020206Status: UnutilizedComment: 450 sq. ft., most recent use—

storage, off-site use onlyBldg. 92044Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 21200020207Status: UnutilizedComment: 1920 sq. ft., most recent use—

admin., off-site use onlyBldg. 92045Fort HoodFt. Hood Co: Bell TX 76544–Landholding Agency: ArmyProperty Number: 21200020208Status: UnutilizedComment: 2108 sq. ft., most recent use—

maint., off-site use only

Virginia

Bldg. 178Fort MonroeFt. Monroe Co: VA 23651–Landholding Agency: ArmyProperty Number: 21199940046Status: UnutilizedComment: 1180 sq. ft., needs repair, most

recent use—storage, off-site use onlyBldg. T246Fort MonroeFt. Monroe Co: VA 23651–Landholding Agency: ArmyProperty Number: 21199940047Status: UnutilizedComment: 756 sq. ft., needs repair, possible

lead paint, most recent use—scoutmeetings, off-site use only

Bldg. TT0114Fort A.P. HillBowling Green Co: Caroline VA 22427–Landholding Agency: ArmyProperty Number: 21200020209Status: UnutilizedComment: 1440 sq. ft., needs rehab, most

recent use—admin., off-site use onlyBldg. TT0117Fort A.P. HillBowling Green Co: Caroline VA 22427–Landholding Agency: ArmyProperty Number: 21200020210Status: UnutilizedComment: 1920 sq. ft., needs rehab, most

recent use—transient UOQ, off-site useonly

Bldg. TT0118Fort A.P. HillBowling Green Co: Caroline VA 22427–Landholding Agency: ArmyProperty Number: 21200020211Status: UnutilizedComment: 2400 sq. ft., needs rehab, most

recent use—transient UOQ, off-site useonly

Bldg. TT0130Fort A.P. HillBowling Green Co: Caroline VA 22427–Landholding Agency: ArmyProperty Number: 21200020213Status: Unutilized

Comment: 861 sq. ft., needs rehab, presenceof asbestos, most recent use—transientUOQ, off-site use only

Bldg. TT0131Fort A.P. HillBowling Green Co: Caroline VA 22427–Landholding Agency: ArmyProperty Number: 21200020214Status: UnutilizedComment: 861 sq. ft., needs rehab, presence

of asbestos, most recent use—transientUOQ, off-site use only






of asbestos, most recent use—storage, off-site use only




of asbestos, most recent use—admin., off-site use only


of asbestos, most recent use—garage, off-site use only

Bldg. T00167Fort A.P. HillBowling Green Co: Caroline VA 22427–Landholding Agency: ArmyProperty Number: 21200020221Status: UnutilizedComment: 96 sq. ft., needs rehab, presence of


Bldg. P01530Fort A.P. HillBowling Green Co: Caroline VA 22427–Landholding Agency: ArmyProperty Number: 21200020222Status: UnutilizedComment: 112 sq. ft., needs rehab, presence


Bldg. 218Fort EustisFt. Eustis Co: VA 23604–Landholding Agency: ArmyProperty Number: 21200020223Status: UnutilizedComment: 7680 sq. ft., most recent use—

storage, off-site use onlyBldg. 1512Fort EustisFt. Eustis Co: VA 23604–Landholding Agency: ArmyProperty Number: 21200020224Status: UnutilizedComment: 2971 sq. ft., presence of asbestos,

most recent use—dining facility, off-siteuse only

Bldg. 1914Fort EustisFt. Eustis Co: VA 23604–Landholding Agency: ArmyProperty Number: 21200020225Status: UnutilizedComment: 2360 sq. ft., presence of asbestos,

most recent use—admin., off-site use only

Washington

13 Bldgs., Fort LewisA0402, C0723, C0726, C0727, C0902, C0907,

C0922, C0923, C0926, C0927Ft. Lewis Co: Pierce WA 98433–9500Landholding Agency: ArmyProperty Number: 21199630199Status: UnutilizedComment: 2360 sq. ft., possible asbestos/lead

paint, most recent use—barracks, off-siteuse only

7 Bldgs., Fort LewisA0438, A0439, C0901, C0910, C0911Ft. Lewis Co: Pierce WA 98433–9500Landholding Agency: ArmyProperty Number: 21199630200Status: UnutilizedComment: 1144 sq. ft., possible asbestos/lead

paint, most recent use—dayroom bldgs.,off-site use only

6 Bldgs. Fort LewisCO908, CO728, CO921, CO928, C1008Ft. Lewis Co: Pierce WA 98433–9500Landholding Agency: ArmyProperty Number: 21199630204Status: UnutilizedComment: 2207 sq. ft., possible asbestos/lead

paint, most recent use—dining, off-site useonly

Bldg. CO909, Fort LewisFt. Lewis Co: Pierce WA 98433–9500Landholding Agency: ArmyProperty Number: 21199630205Status: UnutilizedComment: 1984 sq. ft., possible asbestos/lead


Bldg. CO920, Fort LewisFt. Lewis Co: Pierce WA 98433–9500Landholding Agency: Army



Property Number: 21199630206Status: UnutilizedComment: 1984 sq. ft., possible asbestos/lead


Bldg. C1249, Fort LewisFt. Lewis Co: Pierce WA 98433–9500Landholding Agency: ArmyProperty Number: 21199630207Status: UnutilizedComment: 992 sq. ft., possible asbestos/lead


Bldg. 1164, Fort LewisFt. Lewis Co: Pierce WA 98433–9500Landholding Agency: ArmyProperty Number: 21199630213Status: UnutilizedComment: 230 sq. ft., possible asbestos/lead

paint, most recent use—storehouse, off-siteuse only






paint, most recent use—warehouse, off-siteuse only

Bldg. 4078, Fort LewisFt. Lewis Co: Pierce WA 98433–9500Landholding Agency: ArmyProperty Number: 21199630219Status: UnutilizedComment: 10200 sq. ft., needs rehab, possible

asbestos/lead paint, most recent use—warehouse, off-site use only

Bldg. 9599, Fort LewisFt. Lewis Co: Pierce WA 98433–9500Landholding Agency: ArmyProperty Number: 21199630220Status: UnutilizedComment: 12366 sq. ft., possible asbestos/

lead paint, most recent use—warehouse,off-site use only

Bldg. A1404, Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199640570Status: UnutilizedComment: 557 sq. ft., needs rehab, most

recent use—storage, off-site use onlyBldg. A1419, Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199640571Status: UnutilizedComment: 1307 sq. ft., needs rehab, most


Bldg. EO202Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199710149Status: UnutilizedComment: 992 sq. ft., possible asbestos/lead


Bldg. EO347Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199710156Status: UnutilizedComment: 1800 sq. ft., possible asbestos/lead


Bldg. B1008,Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199720216Status: UnutilizedComment: 7387 sq. ft., 2-story, needs rehab,

possible asbestos/lead paint, most recentuse—medical clinic, off-site use only

Bldgs. B1011–B1012, Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199720217Status: UnutilizedComment: 992 sq. ft., and 1144 sq. ft., needs

rehab, possible asbestos/lead paint, mostrecent use—office, off-site use only

Bldgs. CO509, CO709, CO720Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199810372Status: UnutilizedComment: 1984 sq. ft., possible asbestos/lead

paint, needs rehab, most recent use—storage, off-site use only

4 Bldgs.Fort LewisCO511, CO710, CO711, CO719Ft. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199810373Status: UnutilizedComment: 1,144 sq. ft., possible asbestos/lead

paint, needs rehab, most recent use—dayrooms, off-site use only

11 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: CO528, CO701, CO708, CO721,

CO526, CO527, CO702, CO703, CO706,CO707, CO722

Landholding Agency: ArmyProperty Number: 21199810374Status: UnutilizedComment: 2207 sq. ft., possible asbestos/lead

paint, needs rehab, most recent use—dining, off-site use only

Bldg. 5162Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199830419Status: UnutilizedComment: 2360 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—office, off-site use only

Bldg. AO631Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199830422Status: UnutilizedComment: 2207 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—dayroom, off-site use only

Bldg. BO813Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199830427Status: UnutilizedComment: 1144 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—office, off-site use only

Bldg. BO812Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199830428Status: UnutilizedComment: 1144 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—dayroom, off-site use only

Bldg. 5224Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199830433Status: UnutilizedComment: 2360 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—educ. fac., off-site use only

Bldg. U001BFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920237Status: ExcessComment: 54 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—control tower, off-site use only

Bldg. U001CFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920238Status: UnutilizedComment: 960 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—supply, off-site use only

10 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: U002B, U002C, U005C, U015I,

U016E, U019C, U022A, U028B, 0091A,U093C

Landholding Agency: ArmyProperty Number: 21199920239Status: ExcessComment: 600 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—range house, off-site use only

6 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: U003A, U004B, U006C, U015B,

U016B, U019BLandholding Agency: ArmyProperty Number: 21199920240Status: Unutilized



Comment: 54 sq. ft., needs repair, presenceof asbestos/lead paint, most recent use—control tower, off-site use only

Bldg. U004DFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920241Status: UnutilizedComment: 960 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—supply, off-site use only

Bldg. U005AFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920242Status: UnutilizedComment: 360 sq. ft., needs repair, presence


Bldgs. U006A, U024AFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920243Status: ExcessComment: 1440 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—shelter, off-site use only

Bldgs. U007A, U021AFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920244Status: ExcessComment: 100 sq. ft., needs repair, presence


7 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: U014A, U022B, U023A, U043B,

U059B, U060A, U101ALandholding Agency: ArmyProperty Number: 21199920245Status: ExcessComment: needs repair, presence of asbestos/

lead paint, most recent use—ofc/tower/support, off-site use only

Bldg. U015JFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920246Status: ExcessComment: 144 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—tower, off-site use only

Bldg. U018BFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920247Status: UnutilizedComment: 121 sq. ft., needs repair, presence


Bldg. U018CFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920248Status: Unutilized

Comment: 48 sq. ft., needs repair, presenceof asbestos/lead paint, off-site use only

Bldg. U024BFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920249Status: UnutilizedComment: 168 sq. ft., needs repair, presence


Bldg. U024DFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920250Status: UnutilizedComment: 120 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—ammo bldg., off-site use only

Bldg. U027AFort LewisFt. Lewis Co: Pierce WALandholding Agency: ArmyProperty Number: 21199920251Status: ExcessComment: 64 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—tire house, off-site use only

Bldgs. U028A–U032AFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920252Status: UnutilizedComment: 72 sq. ft., needs repair, presence


Bldg. U031AFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920253Status: ExcessComment: 3456 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—line shed, off-site use only

Bldg. U031CFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920254Status: UnutilizedComment: 32 sq. ft., needs repair, presence

of asbestos/lead paint, off-site use onlyBldg. U040DFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920255Status: ExcessComment: 800 sq. ft., needs repair, presence


Bldgs. U052C, U052HFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920256Status: ExcessComment: various sq. ft., needs repair,

presence of asbestos/lead paint, mostrecent use—range house, off-site use only

Bldgs. U035A, U035B

Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920257Status: ExcessComment: 192 sq. ft., needs repair, presence


Bldg. U035CFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920258Status: ExcessComment: 242 sq. ft., needs repair, presence





of asbestos/lead paint, most recent use—grandstand/bleachers, off-site use only

Bldg. U039CFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920261Status: ExcessComment: 600 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—support, off-site use only





Bldg. U052EFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920264Status: ExcessComment: 600 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—storage, off-site use only

Bldg. U052GFort LewisFt. Lewis Co: Pierce WA 98433–





3 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: U058A, U103A, U018ALandholding Agency: ArmyProperty Number: 21199920266Status: ExcessComment: 36 sq. ft., needs repair, presence






4 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: U101B, U101C, U507B, U557ALandholding Agency: ArmyProperty Number: 21199920269Status: ExcessComment: 400 sq. ft., needs repair, presence

of asbestos/lead paint, off-site use onlyBldg. U102BFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920270Status: ExcessComment: 1058 sq. ft., needs repair, presence


Bldg. U108AFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920271Status: ExcessComment: 31,320 sq. ft., needs repair,

presence of asbestos/lead paint, mostrecent use—line shed, off-site use only



6 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: U111A, U015A, U024E, U052F,

U109A, U110A


of asbestos/lead paint, most recent use—support/shelter/mess, off-site use only








of asbestos/lead paint, most recent use—shed, off-site use only

7 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: F0002, F0004, F0003, F0005,

F0006, F0008, F0009Landholding Agency: ArmyProperty Number: 21199920278Status: ExcessComment: various sq. ft., needs repair,

presence of asbestos/lead paint, mostrecent use—storehouse, off-site use only

Bldg. F0022AFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920279Status: ExcessComment: 4373 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—gen. inst., off-site use only

Bldg. F0022BFort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920280Status: ExcessComment: 3100 sq. ft., needs repair, presence


Bldg. C0120Fort LewisFt. Lewis Co: Pierce WA 98433–


of asbestos/lead paint, most recent use—scale house, off-site use only

Bldg. A0220Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920282Status: ExcessComment: 2284 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—club facility, off-site use only

18 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: A0337, A0617, B0820, B0821,

C0319, C0833, C0310, C0311, C0318,C1019, D0712, D0713, D0720, D0721,D1108, D1153, C1011, C1018


of asbestos/lead paint, most recent use—day room, off-site use only

Bldg. A0334Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920284Status: ExcessComment: 1092 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—sentry station, off-site use only

7 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: C0302, C0303, C0306, C0322,

C0323, C0326, C0327Landholding Agency: ArmyProperty Number: 21199920285Status: ExcessComment: 2340 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—barracks, off-site use only

12 Bldgs.Fort LewisFt. Lewis Co: Pierce WA 98433–Location: C1002, C1003, C1006, C1007,

C1022, C1023, C1026, C1027, C1207,C1301, C1333, C1334


of asbestos/lead paint, most recent use—barracks, off-site use only

Bldg. E1010Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920288Status: ExcessComment: 148 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—gas station, off-site use only

Bldg. D1154Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920289Status: Excess



Comment: 1165 sq. ft., needs repair, presenceof asbestos/lead paint, most recent use—day room, off-site use only

Bldg. 01205Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920290Status: ExcessComment: 87 sq. ft., needs repair, presence

of asbestos/lead paint, most recent use—storehouse, off-site use only






of asbestos/lead paint, most recent use—generator bldg., off-site use only



Bldgs. 03091, 03099Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920296Status: ExcessComment: various sq. ft., needs repair,

presence of asbestos/lead paint, mostrecent use—sentry station, off-site use only

Bldgs. 03100, 3101Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920297Status: ExcessComment: various sq. ft., needs repair,

presence of asbestos/lead paint, mostrecent use—storage, off-site use only


of asbestos/lead paint, most recent use—shed, off-site use only

Bldgs. 4072, 5104Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920299Status: ExcessComment: 24/36 sq. ft., needs repair,

presence of asbestos/lead paint, off-site useonly



Bldg. 5170Fort LewisFt. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920301Status: ExcessComment: 19,411 sq. ft., needs repair,

presence of asbestos/lead paint, mostrecent use—store, off-site use only


of asbestos/lead paint, most recent use—exchange branch, off-site use only


presence of asbestos/lead paint, off-site useonly


of asbestos/lead paint, most recent use—boat storage, off-site use only


of asbestos/lead paint, most recent use—fuel disp. fac., off-site use only


presence of asbestos/lead paint, mostrecent use—storage, off-site use only

Bldg. 8956Fort Lewis

Ft. Lewis Co: Pierce WA 98433–Landholding Agency: ArmyProperty Number: 21199920308Status: ExcessComment: 100 sq. ft., needs repair, presence



of asbestos/lead paint, most recent use—sentry station, off-site use only


of asbestos/lead paint, most recent use—veh. shop., off-site use only


of asbestos/lead paint, most recent use—gas station, off-site use only


of asbestos/lead paint, most recent use—recreation, off-site use only.

Land (by State)

Georgia

Land (Railbed)Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199440440Status: UnutilizedComment: 17.3 acres extending 1.24 miles,

no known utilities potential.

Maryland

13 acresFort George G. Meadewest side of Rt 175Ft. Meade Co: Anne Arundel MD 20755–5111Landholding Agency: ArmyProperty Number: 21199930151Status: UnderutilizedComment: small paved area, remainder

wooded.

Missouri

LandFort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

8994Location:East 1⁄2 of Section 14, Township 35Landholding Agency: ArmyProperty Number: 21200020190Status: Underutilized



Comment: Approx. 70 acres, rolling hills w/50% of area covered w/trees, env.documents in progress.

Nevada

Parcel AHawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location:At Foot of Eastern slope of Mount Grant in

Wassuk Range & S.W. edge of Walker LaneLandholding Agency: ArmyProperty Number: 21199012049Status: UnutilizedComment: 160 acres, road and utility

easements, no utility hookup, possibleflooding problem.

Parcel BHawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location:At Foot of Eastern slope of Mount Grant in

Wassuk Range & S.W. edge of Walker LaneLandholding Agency: ArmyProperty Number: 21199012056Status: UnutilizedComment: 1920 acres, road and utility

easements; no utility hookup; possibleflooding problem.

Parcel CHawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location:South-southwest of Hawthorne along

HWAAP’s South Magazine Area at Westernedge of State Route 359

Landholding Agency: ArmyProperty Number: 21199012057Status: UnutilizedComment: 85 acres; road & utility easements;

no utility hookup.Parcel DHawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Location:South-southwest of Hawthorne along

HWAAP’s South Magazine Area at Westernedge of State Route 359

Landholding Agency: ArmyProperty Number: 21199012058Status: UnutilizedComment: 955 acres; road & utility

easements; no utility hookup.

New York

Land—6.965 AcresDix AvenueQueensbury Co: Warren NY 12801–Landholding Agency: ArmyProperty Number: 21199540018Status: UnutilizedComment: 6.96 acres of vacant land, located

in industrial area, potential utilities.

Texas

Old Camp Bullis RoadFort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199420461Status: UnutilizedComment: 7.16 acres, rural gravel road.Castner RangeFort BlissEl Paso Co: El Paso TX 79916–Landholding Agency: Army

Property Number: 21199610788Status: UnutilizedComment: approx. 56.81 acres, portion in

floodway, most recent use—recreationpicnic park.

Suitable/Unavailable Properties


Alaska

Bldg. 806Fort RichardsonFt. Richardson Co: AK 99505–Landholding Agency: ArmyProperty Number: 21199930115Status: ExcessComment: 93,178 sq. ft., concrete block, most


Georgia

Bldg. 4090Fort BenningFt. Benning Co: Muscogee GA 31905–Landholding Agency: ArmyProperty Number: 21199630007Status: UnderutilizedComment: 3530 sq. ft., most recent use—

chapel, off-site use only

Kansas

Bldg. P–295Fort LeavenworthLeavenworth Co: Leavenworth KS 66027–Landholding Agency: ArmyProperty Number: 21199810296Status: UnutilizedComment: 3480 sq. ft., concrete, most recent

use—underground storage, off-site use only

New York

Bldg. T–2215Fort DrumCo: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 21199840161Status: UnutilizedComment: 7,670 sq. ft., most recent use—

quarters, off-site use onlyBldg. T–2216Fort DrumCo: Jefferson NY 13602–Landholding Agency: ArmyProperty Number: 21199840162Status: UnutilizedComment: 7,670 sq. ft., most recent use—

quarters, off-site use only

Texas

Bldg. P–2000Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199220389Status: UnderutilizedComment: 49,542 sq. ft., 3-story brick

structure, within National LandmarkHistoric District.

Bldg. P–2001Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 21199220390Status: UnderutilizedComment: 16,539 sq. ft., 4-story brick

structure, within National LandmarkHistoric District.

Land (by State)North Carolina

.92 Acre—LandMilitary Ocean Terminal,Sunny PointSouthport Co: Brunswick NC 28461–5000Landholding Agency: ArmyProperty Number: 21199610728Status: UnderutilizedComment: municipal drinking waterwell,

restricted by explosive safety regs., NewHanover County Buffer Zone.

10 Acre—LandMilitary Ocean Terminal,Sunny PointSouthport Co: Brunswick NC 28461–5000Landholding Agency: ArmyProperty Number: 21199610729Status: UnderutilizedComment: municipal park, restricted by

explosive safety regs., New HanoverCounty Buffer Zone.

257 Acre—LandMilitary Ocean Terminal,Sunny PointSouthport Co: Brunswick NC 28461–5000Landholding Agency: ArmyProperty Number: 21199610730Status: UnderutilizedComment: state park, restricted by explosive

safety regs., New Hanover County BufferZone.

24.83 acres—Tract of LandMilitary Ocean Terminal,Sunny PointSouthport Co: Brunswick NC 28461–5000Landholding Agency: ArmyProperty Number: 21199620685Status: UnderutilizedComment: 24.83 acres, municipal park, most

recent use—New Hanover Countyexplosive buffer zone.

Suitable/To Be Excessed


Illinois

WARD Army Reserve Center1429 Northmoor RoadPeoria Co: Peoria IL 61614–3498Landholding Agency: ArmyProperty Number: 21199430254Status: UnutilizedComment: 2 bldgs. on 3.15 acres, 36451 sq.

ft., reserve center & warehouse, presence ofasbestos, most recent use—office/storage/training.

Stenafich Army Reserve Center1600 E. Willow RoadKankakee Co: Kankakee IL 60901–2631Landholding Agency: ArmyProperty Number: 21199430255Status: UnutilizedComment: 2 bldgs.—reserve center & vehicle

maint. shop on 3.68 acres, 5641 sq. ft.,most recent use—office/storage/training,presence of asbestos.

Indiana

Bldg. 27, USARC PaulsenNorth Judson Co: Starke IN 46366–Landholding Agency: ArmyProperty Number: 21199610669Status: UnutilizedComment: 10379 sq. ft., presence of asbestos,

most recent use—office/storage/training



Bldg. 36, USARC PaulsenNorth Judson Co: Starke IN 46366–Landholding Agency: ArmyProperty Number: 21199610670Status: UnutilizedComment: 1802 sq. ft., presence of asbestos,

most recent use—vehicle maintenance.KansasU.S. Army Reserve Center Annex800 South 29th St.Parsons KSLandholding Agency: ArmyProperty Number: 21199720208Status: UnutilizedComment: 3157 sq. ft., 1-story, reserve center

annex and storage.

New YorkBldgs. P–1 & P–2Olean Reserve Center423 Riverside DriveOlean Co: Cattaraugus NY 14760–Landholding Agency: ArmyProperty Number: 21199540017Status: UnutilizedComment: 4464 sq. ft. reserve center/1325 sq.

ft. motor repair shop, 1 story each, concreteblock/brick frame, on 3.9 acres.

Reserve CenterPFC. Robert J. ManvilleUSARC1205 Lafayette StreetOgdensburg Co: St. Lawrence NY 13669–Landholding Agency: ArmyProperty Number: 21199710241Status: UnutilizedComment: 11,540 sq. ft., good condition.Motor Repair ShopPFC. Robert J. ManvilleUSARC1205 Lafayette StreetOgdensburg Co: St. Lawrence NY 13669–Landholding Agency: ArmyProperty Number: 21199710242Status: UnutilizedComment: 2524 sq. ft., good condition.

Wisconsin

U.S. Army Reserve Center2310 Center StreetRacine Co: Racine WI 53403–3330Landholding Agency: ArmyProperty Number: 21199620740Status: UnutilizedComment: 3 bldgs. (14,137 sq. ft.) on 3 acres,

needs repair, most recent use—office/storage/training.

Land (by State)California

U.S. Army Reserve CenterMountain Lakes IndustrialParkRedding Co: Shasta CALandholding Agency: ArmyProperty Number: 21199610645Status: UnutilizedComment: 5.13 acres within a light industrial

park.

Tennessee

Railroad BedFort CampbellJack Miller Bldg.Clarksville TNLandholding Agency: ArmyProperty Number: 21199840189

Status: UnutilizedComment: approx. 6.06 acres.

Unsuitable Properties

Buildings (by State)Alabama100 Bldgs.Redstone ArsenalRedstone Arsenal Co: Madison AL 35898–Landholding Agency: ArmyProperty Number: 219014015, 219630015,

219630017, 219710163, 219710167,219810011–219810020, 21199840008,21199910003, 21199920026,21199930010–21199930018, 21199930110,21199940048–21199940049,21200010001–21200010008,21200020001–21200020025

Status: UnutilizedReason: Secured Area. (Some are extensively

deteriorated.)51 Bldgs., Ft. RuckerFt. Rucker Co: Dale AL 36332Landholding Agency: ArmyProperty Number: 219310016, 219330003,

219340116, 219340124, 219410022,219520057–219520058, 219640440,219710091, 219730009, 219740004,219740006, 219810010, 2198830002,21199910001, 21199930019, 21200010010

Status: UnutilizedReason: Extensive deterioration.Bldgs. 25203, 25205–25207, 25209Fort RuckerStagefield AreasFt. Rucker Co: Dale AL 36362–5138Landholding Agency: ArmyProperty Number: 219410020Status: UnutilizedReason: Secured Area.

Alaska16 Bldgs.Fort GreelyFt. Greely AK 99790–Landholding Agency: ArmyProperty Number: 219210124–219210125,

219220320–219220332, 219520064Status: UnutilizedReason: Extensive deterioration.8 Bldgs., Fort WainwrightFt. Wainwright AK 99703Landholding Agency: ArmyProperty Number: 219710090, 219710195–

219710198, 219810002, 219810007,21199920001

Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material. Secured area;Floodway; (Some are extensivelydeteriorated).

Bldg. 1501, Fort GreelyFt. Greely AK 99505Landholding Agency: ArmyProperty Number: 219240327Status: UnutilizedReason: Secured Area.Sullivan Roadhouse, Fort GreelyFt. Greely AKLandholding Agency: ArmyProperty Number: 219430291Status: UnutilizedReason: Extensive deterioration.30 Bldgs., Fort RichardsonFt. Richardson AK 99505Landholding Agency: Army

Property Number: 219710199–219710220,21199930004–21199930009,21200030001–21200030003

Status: UnutilizedReason: Extensive deterioration.

Arizona

32 Bldgs.Navajo Depot ActivityBellemont Co: Coconino AZ 86015–Location: 12 miles west of Flagstaff, Arizona

on I–40Landholding Agency: ArmyProperty Number: 219014560–219014591Status: UnderutilizedReason: Secured area.10 properties: 753 earth covered igloos; above

ground standard magazinesNavajo Deport ActivityBellemont Co: Coconino AZ 86015–Location: 12 miles west of Flagstaff, Arizona

on I–40.Landholding Agency: ArmyProperty Number: 219014592–219014601Status: UnderutilizedReason: Secured area.9 Bldgs.Navajo Depot ActivityBellemont Co: Coconino AZ 86015–5000Location: 12 miles west of Flagstaff on I–40Landholding Agency: ArmyProperty Number: 219030273–219030274,

219120175–219120181Status: UnutilizedReason: Secured Area.Bldgs. 13440, 13556Fort HuachucaSierra Vista Co: Cochise AZ 85635Landholding Agency: ArmyProperty Number: 21200020026–

21200020027Status: ExcessReason: Extensive deterioration.

Arkansas

177 Bldgs., Fort ChaffeeFt. Chaffee Co: Sebastian AR 72905–5000Landholding Agency: ArmyProperty Number: 219630019–219630029,

219640462–219640477Status: UnutilizedReason: Extensive deterioration.

California

Bldg. 18Riverbank Army Ammunition Plant5300 Claus RoadRiverbank Co: Stanislaus CA 95367–Landholding Agency: ArmyProperty Number: 219012554Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material. Secured Area.11 Bldgs., Nos. 2–8, 156, 1, 120, 181Riverbank Army Ammunition PlantRiverbank Co: Stanislaus CA 95367–Landholding Agency: ArmyProperty Number: 219013582–219013588,

219013590, 219240444–219240446Status: UnderutilizedReason: Secured Area.Bldgs. 13, 171, 178 Riverbank Ammun plant5300 Claus Road



Riverbank Co: Stanislaus CA 95367–Landholding Agency: ArmyProperty Number: 219120162–219120164Status: UnderutilizedReason: Secured Area.21 Bldgs.DDDRW Sharpe FacilityTracy Co: San Joaquin CA 95331Landholding Agency: ArmyProperty Number: 219610289, 219610291,

21199930021, 21200010011–21200010013,21200020028–21200020030,21200030004–21200030015

Status: UnutilizedReason: Secured Area.Bldgs. 29, 39, 73, 154, 155, 193, 204, 257Los Alamitos Co: Orange CA 90720–5001Landholding Agency: ArmyProperty Number: 219520040Status: UnutilizedReason: Extensive deterioration.Bldgs. 1103, 1131, 1120Parks Reserve Forces Training AreaDublin Co: Alameda CA 94568–5201Landholding Agency: ArmyProperty Number: 219520056, 219830010Status: UnutilizedReason: Extensive deterioration.10 Bldgs.Sierra Army DepotHerlong Co: Lassen CA 96113Landholding Agency: ArmyProperty Number: 21199840015,

21199920033–21199920036,21199940052–21199940056

Status: UnderutilizedReason: Within 2,000 ft. of flammable or

explosive materials; Secured Area.449 Bldgs.Camp RobertsCamp Roberts Co: San Obispo CALandholding Agency: ArmyProperty Number: 21199730014, 219820192–

219820235Status: ExcessReason: Secured Area; Extensive

deterioration.30 Bldgs.Presidio of Monterey AnnexSeaside Co: Monterey CA 93944Landholding Agency: ArmyProperty Number: 219810380–219810381,

21199930106–21199930108,21199940050–21199940051

Status: UnutilizedReason: Extensive deterioration.27 Bldgs.Fort IrwinFt. Irwin Co: San Bernardino CA 92310Landholding Agency: ArmyProperty Number: 21199920037–

21199920038, 21200030016–21200030018Status: UnutilizedReason: Secured Area; Extensive

deterioration.

Colorado

Bldgs. T–317, T–412, 431, 433Rocky Mountain ArsenalCommerce Co: Adams CO 80022–2180Landholding Agency: ArmyProperty Number: 219320013–219320016Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Secured Area;Extensive deterioration.

34 Bldgs.Fort CarsonFt. Carson Co: El Paso CO 80913–5023Landholding Agency: ArmyProperty Number: 219830020–219830030,

21199910008, 21199930022, 21199930025Status: UnutilizedReason: Extensive deterioration.Bldgs. 00087, 00088, 00096Pueblo Chemical DepotPueblo CO 81006–9330Landholding Agency: ArmyProperty Number: 21200030019–

21200030021Status: UnutilizedReason: Extensive deterioration.

Connecticut

Bldgs. DK001, DKL05, DKL10USARC MiddletownMiddletown Co: Middlesex CT 06457–1809Landholding Agency: ArmyProperty Number: 219810024–219810026Status: UnutilizedReason: Extensive deterioration.

Georgia

Fort StewartSewage Treatment PlantFt. Stewart Co: Hinesville GA 31314–Landholding Agency: ArmyProperty Number: 219013922Status: UnutilizedReason: Sewage treatment.Facility 12304Fort GordonAugusta Co: Richmond GA 30905–Location: Located off Lane AvenueLandholding Agency: ArmyProperty Number: 219014787Status: UnutilizedReason: Wheeled vehicle grease/inspection

rack.210 Bldgs.Fort GordonAugusta Co: Richmond GA 30905–Landholding Agency: ArmyProperty Number: 219220269, 219320026,

219410050–219410060, 219410071–219410072, 219410100, 219410109,219410114–219410115, 219610330,219610336, 219630044–219630067,219640011–219640037, 219710094,219730020, 219810027, 219830034–219830067, 21199910012, 21199940057–21199940059, 21200020032, 21200030022

Status: UnutilizedReason: Extensive deterioration.3 Bldgs.Fort BenningFt. Benning Co: Muscogee GA 31905Landholding Agency: ArmyProperty Number: 219220335–219220337Status: UnutilizedReason: Detached lavatory.29 Bldgs., Fort BenningFt. Benning Co: Muscogee GA 31905Landholding Agency: ArmyProperty Number: 219520150, 219610320–

219610321, 219640046, 219720017–219720022, 219810028–219810031,219810035, 219830073–219830083,21199930031–21199930037,21200030023–21200030028


18 Bldgs.Fort GillemForest Park Co: Clayton GA 30050Landholding Agency: ArmyProperty Number: 219620815, 21199920044–

21199920051, 21199930026–21199930029Status: UnutilizedReason: Extensive deterioration; Secured

Area.2 Bldgs., Fort StewartHinesville Co: Liberty GA 31314Landholding Agency: ArmyProperty Number: 219740013, 21199940060Status: UnutilizedReason: Extensive Deterioration.5 Bldgs., Hunter Army AirfieldSavannah Co: Chatham GA 31409Landholding Agency: ArmyProperty Number: 219620413, 219630034,

219830068, 21200020031Status: UnutilizedReason: Extensive deterioration.14 Bldgs., Fort McPhersonFt. McPherson Co: Fulton GA 30330–5000Landholding Agency: ArmyProperty Number: 21199920040–

21199920043Status: UnutilizedReason: Secured Area.

Hawaii

73 Bldgs.Schofield BarracksWahiawa Co: Wahiawa HI 96786–Landholding Agency: ArmyProperty Number: 219014836–219014837,

219030361, 21200020033–21200020034,21200030033–21200030035

Status: UnutilizedReason: Secured Area; (Most are extensively

deteriorated).Bldgs. T–1305, P408Wheeler Army AirfieldWahiawa HI 96857Landholding Agency: ArmyProperty Number: 219610348, 21199940061Status: UnutilizedReason: Extensive deterioration.4 Bldgs.Fort ShafterHonolulu Co: HI 96819Landholding Agency: ArmyProperty Number: 21200030029–

21200030032Status: UnutilizedReason: Extensive deterioration.24 Bldgs.Aliamanu Military ReservationHonolulu Co: HI 96816Landholding Agency: ArmyProperty Number: 21200030036–


Illinois

Bldgs. 58, 59 and 72, 69, 64, 105, 135Rock Island ArsenalRock Island Co: Rock Island IL 61299–5000Landholding Agency: ArmyProperty Number: 219110104–219110108,

219620427Status: UnutilizedReason: Secured Area.Bldgs. 133, 141 Rock Island ArsenalGillespie Avenue



Rock Island Co: Rock Island IL 61299–Landholding Agency: ArmyProperty Number: 219210100, 219620428Status: UnutilizedReason: Extensive deterioration.16 Bldgs.Charles Melvin Price Support CenterGranite City Co: Madison IL 62040Landholding Agency: ArmyProperty Number: 219820027, 21199930042–

21199930053Status: UnutilizedReason: Secured Area; Extensive

deterioration; Floodway.

Indiana

181 Bldgs.Newport Army Ammunition PlantNewport Co: Vermillion IN 47966–Landholding Agency: ArmyProperty Number: 219011584, 219011586–

219011587, 219011589–219011590,219011592–219011627, 219011629–219011636, 219011638–219011641,219210149–219210151, 219220220,219230032–219230033, 219430336–219430338, 219520033, 219520042,219530075–219530097, 219740021–219740026, 219820031–219820032,21199920063

Status: UnutilizedReason: Secured Area; (Some are extensively

deteriorated.).2 Bldgs.Atterbury Reserve Forces Training AreaEdinburgh Co: Johnson IN 46124–1096Landholding Agency: ArmyProperty Number: 219230030–219230031Status: UnutilizedReason: Extensive deterioration.12 Bldgs., Camp AtterburyEdinburgh IN 46124Landholding Agency: ArmyProperty Number: 219610351–219610352,

219620429–219620434Status: UnutilizedReason: Secured Area; Extensive

deterioration.

Iowa

96 Bldgs.Iowa Army Ammunition PlantMiddletown Co: Des Moines IA 52638–Landholding Agency: ArmyProperty Number: 219012605–219012607,

219012609, 219012611, 219012613,219012615, 219012620, 219012622,219012624, 219013706–219013738,219120172–219120174, 219440112–219440158, 219520002, 219520070,219610414, 219740027

Status: UnutilizedReason: (Many are in a Secured Area); (Most

are within 2000 ft. of flammable orexplosive material.)

27 Bldgs., Iowa Army Ammunition PlantMiddletown Co: Des Moines IA 52638Landholding Agency: ArmyProperty Number: 219230005–219230029,

219310017, 219340091Status: UnutilizedReason: Extensive deterioration.

Kansas

37 Bldgs.Kansas Army Ammunition Plant

Production AreaParsons Co: Labette KS 67357–Landholding Agency: ArmyProperty Number: 219011909–219011945Status: UnutilizedReason: Secured Area; (Most are within 2000

ft. of flammable or explosive material).12 Bldgs.Fort RileyFt. Riley Co: Geary KS 66442–Landholding Agency: ArmyProperty Number: 219430040, 219610623–

219610626, 219620825–219620826,219630085, 21200020039

Status: UnutilizedReason: Extensive deterioration.121 Bldgs.Kansas Army Ammunition PlantParsons Co: Labette KS 67357Landholding Agency: ArmyProperty Number: 219620518–219620638Status: UnutilizedReason: Secured Area.Bldgs. P–417, T–994Fort LeavenworthLeavenworth KS 66027Landholding Agency: ArmyProperty Number: 219740029, 21199920064Status: UnutilizedReason: Extensive deterioration; Sewage

pump station.

Kentucky

Bldg. 126Lexington—Blue Grass Army DepotLexington Co: Fayette KY 40511–Location: 12 miles northeast of Lexington,

Kentucky.Landholding Agency: ArmyProperty Number: 219011661Status: UnutilizedReason: Secured Area; Sewage treatment

facility.Bldg. 12Lexington–Blue Grass Army DepotLexington Co: Fayette KY 40511–Location: 12 miles Northeast of Lexington,

Kentucky.Landholding Agency: ArmyProperty Number: 219011663Status: UnutilizedReason: Industrial waste treatment plant.19 Bldgs., Fort KnoxFt. Knox Co: Hardin KY 40121–Landholding Agency: ArmyProperty Number: 21199940062–

21199940072Status: UnutilizedReason: Extensive deterioration.5 Bldgs., Fort CampbellFt. Campbell Co: Christian, KY 42223Landholding Agency: ArmyProperty Number: 21200010021,

21200030040–21200030043Status: UnutilizedReason: Extensive deterioration.

Louisiana

528 Bldgs.Louisiana Army Ammunition PlantDoylin Co: Webster LA 71023–Landholding Agency: ArmyProperty Number: 219011714–219011716,

219011735–219011737, 219012112,219013863–219013869, 219110131,219240138–219240147, 219420332,

219610049–219610263, 219620002–219620200, 219620749–219620801,219820047–219820078

Status: UnutilizedReason: Secured Area; (Most are within 2000

ft. of flammable or explosive material);(Some are extensively deteriorated).

45 Bldgs., Fort PolkFt. Polk Co: Vernon Parish LA 71459–7100Landholding Agency: ArmyProperty Number: 219430339, 219520059,

219810061, 219820037–219820043,21199920067–21199920080,21199940074–21199940083,21200010022–21200010040, 21200020040,21200030044

Status: UnutilizedReason: Extensive deterioration; (Some are in

Floodway.).

Maryland

142 Bldgs.Aberdeen Proving GroundAberdeen City Co: Harford MD 21005–5001Landholding Agency: ArmyProperty Number: 219011417, 219012610,

219012626, 219012628, 219012634,219012637–219012642, 219012649,219012650, 219012658–219012662,219013773, 219014711, 219610480,219610489–219610490, 219730077–219730084, 219810070–219810127,219820081–219820096, 219830114,21199920081, 21200010046–21200010060,21200020049–21200020050

Status: UnutilizedReason: Most are in a secured area. (Some are

within 2000 ft. of flammable or explosivematerial); (Some are in a floodway); (Someare extensively deteriorated).

85 Bldgs. Ft. George G. MeadeFt. Meade Co: Anne Arundel MD 20755–Landholding Agency: ArmyProperty Number: 219130059, 219310031,

219710186–219710192, 219740068–219740087, 219810064–219810069,21199910018, 21199910019,21199930055–21199930058,21199940084–21199940088,21200020043–21200020046

Status: UnutilizedReason: Extensive deterioration.5 Bldgs. Fort DetrickFrederick Co: Frederick MD 21762–5000Landholding Agency: ArmyProperty Number: 219830110, 21200030045–


deterioration.

Massachusetts

Bldg. 3462, Camp EdwardsMassachusetts Military ReservationBourne: Co: Barnstable MA 024620–5003Landholding Agency: ArmyProperty Number: 219230095Status: UnutilizedReason: Secured Area; Extensive

deterioration.Bldgs. 3596, 1209–1211 Camp EdwardsMassachusetts Military ReservationBourne Co: Barnstable MA 02462–5003Landholding Agency: ArmyProperty Number: 219230096, 219310018–

219310020



Status: UnutilizedReason: Secured Area.Facility No. 0G001LTA GranbyGranby Co: Hampshire MALandholding Agency: ArmyProperty Number: 219810062Status: UnutilizedReason: Extensive deterioration.

Michigan

Detroit Arsenal Tank Plant28251 Van Dyke AvenueWarren Co: Macomb MI 48090–Landholding Agency: ArmyProperty Number: 219014605Status: UnderutilizedReason: Secured Area.Bldgs. 5755–5756Newport Weekend Training SiteCarleton Co: Monroe MI 48166Landholding Agency: ArmyProperty Number: 219310060–219310061Status: UnutilizedReason: Secured Area; Extensive

deterioration.25 Bldgs.Fort Custer Training Center2501 26th StreetAugusta Co: Kalamazoo MI 49102–9205Landholding Agency: ArmyProperty Number: 219014947–219014963,

219140447–219140454Status: UnutilizedReason: Secured Area.6 Bldgs.Selfridge ANG BaseSelfridge Co: MI 48045Landholding Agency: ArmyProperty Number: 21199930059,

21199940089–21199940093Status: UnutilizedReason: Secured Area.

Minnesota

169 Bldgs.Twin Cities Army Ammunition PlantNew Brighton Co: Ramsey MN 55112–Landholding Agency: ArmyProperty Number: 219120165–219120166,

219210014–219210015, 219220227–219220235, 219240328, 219310055–219310056, 219320145–219320156,219330096–219330108, 219340015,219410159–219410189, 219420195–219420283, 219430059–219430064,21199840060


ft. of flammable or explosive material.)(Some are extensively deteriorated).

Missouri

83 Bldgs.Lake City Army Ammo. PlantIndependence Co: Jackson MO 64050–Landholding Agency: ArmyProperty Number: 219013666–219013669,

219530134–219530138, 21199910023–21199910035, 21199920082, 21200030049

Status: UnutilizedReason: Secured Area; (Some are within 2000

ft. of flammable or explosive material).9 Bldgs.St. Louis Army Ammunition Plant4800 Goodfellow Blvd.

St. Louis Co: St. Louis MO 63120–1798Landholding Agency: ArmyProperty Number: 219120067–219120068,

219610469–219610475Status: UnutilizedReason: Secured Area; (Some are extensively

deteriorated).14 Bldgs.Fort Leonard WoodFt. Leonard Wood Co: Pulaski MO 65473–

5000Landholding Agency: ArmyProperty Number: 219430070–219430078,

219830115–219830116, 21199910020–21199910022, 21199930060


explosive material; (Some are extensivelydeteriorated).

Montana

19 Bldgs.Fort HarrisonFt. Harrison Co: Lewis/Clark MT 59636Landholding Agency: ArmyProperty Number: 219620473–219620475,

219740093–219740101Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Extensive deterioration.

Nevada

Bldg. 292Hawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Landholding Agency: ArmyProperty Number: 219013614Status: UnutilizedReason: Secured Area.Bldg. 396Hawthorne Army Ammunition PlantBachelor Enlisted Qtrs W/Dining FacilitiesHawthorne Co: Mineral NV 89415–Location: East side of Decatur Street—North

of Maine AvenueLandholding Agency: ArmyProperty Number: 219011997Status: UnutilizedReason: Within airport runway clear zone;

Secured Area.39 Bldgs.Hawthorne Army Ammunition PlantHawthorne Co: Mineral NV 89415–Landholding Agency: ArmyProperty Number: 219012013, 219013615–

219013643,Status: UnderutilizedReason: Secured Area; (Some within airport

runway clear zone; many within 2000 ft. offlammable or explosive material.

Group 101, 34 Bldgs.Hawthorne Army Ammunition PlantCo: Mineral NV 89415–0015Landholding Agency: ArmyProperty Number: 219830132Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Secured Area.

New Jersey

218 Bldgs.Armament Res. Dev. & Eng. Ctr.Picatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219010440–219010474,

219010476, 219010478, 219010639–

219010665, 219010671–219010721,219012424, 219012427–219012428,219012430, 219012433–219012466,219012469–219012472, 219012475,219012760, 219012763–219012767,219014306–219014307, 219014311,219014313–219014321, 219140617,219230121–219230125, 219420001–219420002, 219420006–219420008,219530144–219530150, 219540002–219540007, 219740110–219740127,

Status: ExcessReason: Secured Area (Most are within 2000

ft. of flammable or explosive material.);(Some are extensively deteriorated); (Someare in a floodway).

Structure 403BArmament Research, Dev. & Eng. CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219510001Status: UnutilizedReason: Drop Tower.9 Bldgs.Armament ResearchPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199940094–

21199940099Status: UnutilizedReasons: unexploded ordnance; Extensive

deterioration.

New Mexico

11 BuildingsWhite Sands Missile RangeWhite Sands Co: Dona Ana NM 88002Landholding Agency: ArmyProperty Number: 21200030050–


New York

Bldgs. 110, 143, 2084, 2105, 2110Seneca Army DepotRomulus Co: Seneca NY 14541–5001Landholding Agency: ArmyProperty Number: 219240439, 219240440–


deterioration.Parcel 19Stewart Army Subpost, U.S. Military

AcademyNew Windsor Co: Orange NY 12553Landholding Agency: ArmyProperty Number: 219730098Status: UnutilizedReason: Within airport runway clear zone.Bldg. 12Watervliet ArsenalWatervliet NYLandholding Agency: ArmyProperty Number: 219730099Status: UnutilizedReason: Extensive deterioration.Bldg. 134Watervliet ArsenalCo: Albany NY 12189–4050Landholding Agency: ArmyProperty Number: 21199840068Status: UnutilizedReason: Secured Area.Bldgs. 4056, 4275



Stewart Army SubpostNew Windsor Co: Orange NY 12553Landholding Agency: ArmyProperty Number: 21199930061Status: UnutilizedReason: Sewage pump station.

North Carolina

47 Bldgs. Fort BraggFt. Bragg Co: Cumberland NC 28307Landholding Agency: ArmyProperty Number: 219620478, 219620480,

219640064, 219640074, 219710102–219710111, 219710224, 219810167,219830117, 219830120, 21199930062–21199930067

Status: UnutilizedReason: Extensive deterioration.Bldgs. 16, 139, 261, 273Military Ocean TerminalSouthport Co: Brunswick NC 28461–5000Landholding Agency: ArmyProperty Number: 219530155, 219810158–

219810160Status: UnutilizedReason: Secured Area.

North Dakota

Bldgs. 440, 455, 456, 3101, 3110Stanley R. MickelsenNekoma Co: Cavalier ND 58355Landholding Agency: ArmyProperty Number: 21199940103–


Ohio

190 Bldgs.Ravenna Army Ammunition PlantRavenna Co: Portage OH 44266–9297Landholding Agency: ArmyProperty Number: 219012476–219012507,

219012509–219012513, 219012515,219012517–219012518, 219012520,219012522–219012523, 219012525–219012528, 219012530–219012532,219012534–219012535, 219012537,219013670–219013677, 219013781,219210148, 21199840069–21199840104,21199930070–21199930072

Status: UnutilizedReason: Secured Area.7 Bldgs.Lima Army Tank PlantLima OH 45804–1898Landholding Agency: ArmyProperty Number: 219730104–219730110Status: UnutilizedReason: Secured Area.5 Bldgs.Defense Supply CenterColumbus Co: Franklin OH 43216–5000Landholding Agency: ArmyProperty Number: 219830134, 21199910037,

21199930068, 21200020051–21200020052Status: UnutilizedReason: Extensive deterioration.

Oklahoma

548 Bldgs.McAlester Army Ammunition PlantMcAlester Co: Pittsburg OK 74501–5000Landholding Agency: ArmyProperty Number: 219011674, 219011680,

219011684, 219011687, 219012113,219013981–219013991, 219013994,

219014081–219014102, 219014104,219014107–219014137, 219014141–219014159, 219014162, 219014165–219014216, 219014218–219014274,219014336–219014559, 219030007–219030127, 219040004, 21199910039–21199910040

Status: UnderutilizedReason: Secured Area; (Some are within 2000

ft. of flammable or explosive material).5 Bldgs.Fort SillLawton Co: Comanche OK 73503–Landholding Agency: ArmyProperty Number: 219140548, 219140550,

219440309, 219510023, 219730342Status: UnutilizedReason: extensive deterioration.33 Bldgs.McAlester Army Ammunition PlantMcAlester Co: Pittsburg OK 74501Landholding Agency: ArmyProperty Number: 219310050–219310052,

219320170–219320171, 219330149–219330160, 219430122–219430125,219620485–219620490, 219630110–219630111, 219810174–219810176

Status: UnutilizedReason: Secured Area; (Some are extensively

deteriorated).

Oregon

11 Bldgs.Tooele Army DepotUmatilla Depot ActivityHermiston Co: Morrow/Umatilla OR 97838–Landholding Agency: ArmyProperty Number: 219012174–219012176,

219012178–219012179, 219012190–219012191, 219012197–219012198,219012217, 219012229

Status: UnderutilizedReason: Secured Area.34 Bldgs.Tooele Army DepotUmatilla Depot ActivityHermiston Co: Morrow/Umatilla OR 97838–Landholding Agency: ArmyProperty Number: 219012177, 219012185–

219012186, 219012189, 219012195–219012196, 219012199–219012205,219012207–219012208, 219012225,219012279, 219014304–219014305,2109014782, 219030362–219030363,219120032, 21199840107–21199840110,21199920084–21199920090

Status: UnutilizedReason: Secured Area.

Pennsylvania

Bldg. 82001, Reading USARCReading Co: Berks PA 19604–1528Landholding Agency: ArmyProperty Number: 219320173Status: UnutilizedReason: Extensive deterioration.Bldg. T–685, Carlisle BarracksCarlisle Co: Cumberland PA 17013Landholding Agency: ArmyProperty Number: 219610530Status: UnutilizedReason: Extensive deterioration.74 Bldgs.Fort Indiantown GapAnnville Co: Lebanon PA 17003–5011

Landholding Agency: ArmyProperty Number: 219640337, 219720093,

219730116–219730128, 219740129–219740132, 219740134, 219740137,219810177–219810194

Status: UnutilizedReason: Extensive deterioration.7 Bldgs.Defense Distribution DepotNew Cumberland Co: York PA 17070–5001Landholding Agency: ArmyProperty Number: 219830135, 21199940108–

21199940112, 21200030060Status: UnutilizedReason: Secured Area.

South Carolina

43 Bldgs., Fort JacksonFt. Jackson Co: Richland SC 29207Landholding Agency: ArmyProperty Number: 219440237, 219440239,

219510017, 219620306, 219620312,219620317, 219620348–219620351,219640138–219640139, 21199640148–21199640149, 219640167, 219720095,219720097, 219730130–219730132,219730145–219730157, 219740138,219820102–219820111, 219830139–219830157


Tennessee

32 Bldgs.Holston Army Ammunition PlantKingsport Co: Hawkins TN 61299–6000Landholding Agency: ArmyProperty Number: 219012304–219012309,

219012311–219012312, 219012314,219012316–219012317, 219012319,219012325, 219012328, 219012330,219012332, 219012334–219012335,219012337, 219013789–219013790,219030266, 219140613, 219330178,219440212–219440216, 219510025–219510028

Status: UnutilizedReason: Secured Area; (Some are within 2000

ft. of flammable or explosive material).10 Bldgs.Milan Army Ammunition PlantMilan Co: Gibson TN 38358Landholding Agency: ArmyProperty Number: 219240447–219240449,

219320182–219320184, 219330176–219330177, 219520034, 219740139

Status: UnutilizedReason: Secured Area.Bldg. Z–183AMilan Army Ammunition PlantMilan Co: Gibson TN 38358Landholding Agency: ArmyProperty Number: 219240783Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material.

Texas

20 Bldgs.Lone Star Army Ammunition PlantHighway 82 WestTexarkana Co: Bowie TX 75505–9100Landholding Agency: ArmyProperty Number: 219012524, 219012529,

219012533, 219012536, 219012539–219012540, 219012542, 219012542,



219012544–219012545, 219030337–219030345


explosive material; Secured Area.229 Bldgs.Longhorn Army Ammunition PlantKarnack Co: Harrison TX 75661–Location: State highway 43 northLandholding Agency: ArmyProperty Number: 219012546, 219012548,

219610554–219610584, 219610635,219620243–219620290, 219620827–219620837, 21200020053–21200020072


ft. of flammable or explosive material).17 Bldgs., Red River Army DepotTexarkana Co: Bowie TX 75507–5000Landholding Agency: ArmyProperty Number: 21920314–219420327,

219430094–219430097, 219440217Status: UnutilizedReason: Secured Area; (Some are extensively

deteriorated).11 Bldgs., Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219610549, 219640172,

219640177, 219640182, 219810197–219810201, 219830201–219830205

Status: UnutilizedReason: Extensive Deterioration.Bldgs. T–2916, T–3180, T–3192, T–3398, T–

2915Fort Sam HoustonSan Antonio Co: Bexar TX 78234–5000Landholding Agency: ArmyProperty Number: 219330476–219330479,

219640181Status: UnutilizedReason: Detached latrines.83 Bldgs.El Paso Co: El Paso TX 79916Landholding Agency: ArmyProperty Number: 219640490–219640491,

219730160–219730186, 219740146,219830161–219830197

Status: UnutilizedReason: Extensive deterioration.Starr Ranch, Bldg. 703BLonghorn Army Ammunition PlantKarnack Co: Harrison TX 75661Landholding Agency: ArmyProperty Number: 219640186, 219640494,Status: UnutilizedReason: Floodway.Bldg. 53Laredo USARCLaredo Co: Webb TX 78040Landholding Agency: ArmyProperty Number: 21199930073Status: UnutilizedReason: Extensive deterioration.Bldg. 19Grand Prairie Reserve ComplexGrand Prairie Co: Dallas TX 75051Landholding Agency: ArmyProperty Number: 21200030061Status: UnutilizedReason: Extensive deterioration.

Utah

14 Bldgs.Tooele Army Depot

Tooele Co: Tooele UT 84074–5008Landholding Agency: ArmyProperty Number: 219012153, 219012166,

219030366, 21200010061021200010068Status: UnutilizedReason: Secured Area; (Most are extensively

deteriorated).7 Bldgs.Tooele Army DepotTooele Co: Tooele UT 84074–5008Landholding Agency: ArmyProperty Number: 219012148–219012149,

219012152, 219012155, 219012158,219012751, 219240267

Status: UnderutilizedReason: Secured Area.3 Bldgs.Dugway Proving GroundDugway Co: Toole UT 84022–Landholding Agency: ArmyProperty Number: 219013997, 219130012,

219130015Status: UnderutilizedReason: Secured Area.59 Bldgs.Dugway Proving GroundDugway Co: Toole UT 84022–Landholding Agency: ArmyProperty Number: 219330181–219330182,

219330185, 219420328–219420329,21199920091–21199920101

Status: UnutilizedReason: Secured Area.Bldgs. 3102, 5145, 8030Deseret Chemical DepotTooele UT 84074Landholding agency: ArmyProperty Number: 219820119–219820121Status: UnutilizedReason: Secured Area; Extensive

deterioration.

Virginia

323 Bldgs.Radford Army Ammunition PlantRadford Co: Montgomery VA 24141–Landholding Agency: ArmyProperty Number: 219010833, 219010836,

219010839, 219010842, 219010844,219010847–219010890, 219010892–219010912, 219011521–219011577,219011581–219011583, 219011585,219011588, 219011591, 219013559–219013570, 219110142–219110143,219120071, 219140618–219140633,219440219–219440225, 219510031–219510033, 219610607–219610608,219830223–219830267, 212000200079–21200020081


explosive material; Secured Area.13 Bldgs.Radford Army Ammunition PlantRadford Co: Montgomery VA 24141–Landholding Agency: ArmyProperty Number: 21910834–219010835,

219010837–219010838, 219010840–219010841, 219000843, 219010845–219010846, 219010891, 219011578–219011580


explosive material; Secured Area;Latrine, detached structure.

40 Bldgs.U.S. Army Combined Arms Support

CommandFort Lee Co: Prince George VA 23801–Landholding Agency: ArmyProperty Number: 219240107, 219330210–

219330211, 2129330219–219330220,219330225–219330228, 219520062,219610597, 219620497, 219620866–219620876, 219630115, 219640497,219740155–219740156, 219830208–219830210, 21199910041, 21199920117–21199920118, 21199940128–21199940131,21200010073, 21200020082, 21200030062

Status: UnutilizedReason: Extensive deterioration; (Some are in

a secured area.).16 Bldgs.Radford Army Ammunition PlantRadford VA 24141Landholding Agency: ArmyProperty Number: 219220210–219220218,

219230100–219230103, 219520037Status: UnutilizedReason: Secured Area.Bldg. B7103–01, Motor HouseRadford Army Ammunition PlantRadford VA 24141Landholding Agency: ArmyProperty Number: 219240324Status: UnutilizedReason: Secured Area; Within 2000 ft. of

flammable or explosive material; Extensivedeterioration.

56 Bldgs.Red Water Field OfficeRadford Army Ammunition PlantRadford VA 24141Landholding Agency: ArmyProperty Number: 219430341–219430396Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Secured Area.8 Bldgs.Fort A.P. HillBowling Green Co: Caroline VA 22427Landholding Agency: ArmyProperty Number: 219510030, 219610588,

21199930079, 21200020073–21200020077Status: UnutilizedReason: Secured Area; Extensive

deterioration.Bldgs. 2013–00, B2013–00, A1601–00Radford Army Ammunition PlantRadford VA 24141Landholding Agency: ArmyProperty Number: 219520052, 219530194Status: UnutilizedReason: Extensive deterioration.22 Bldgs.Fort BelvoirFt. Belvoir Co: Fairfax VA 22060–5116Landholding Agency: ArmyProperty Number: 21199910050–

21199910052, 21199920107–21199920111,21199940117–21199940127, 21200020078,21200030063–21200030064

Status: UnutilizedReason: Extensive deterioration.4 Bldgs.Fort StoryFt. Story Co: Princess Ann VA 23459Landholding Agency: ArmyProperty Number: 219640506, 219710193,Status: Unutilized



Reason: Extensive deterioration.14 Bldgs., Fort EustisFt. Eustis Co. VA 23604Landholding Agency: ArmyProperty Number: 21199930074–

21199930075Status: UnutilizedReason: Extensive deterioration.Bldg. 448, Fort MyerFt. Myer Co: Arlington VA 22211–1199Landholding Agency: ArmyProperty Number: 21200010069Status: UnderutilizedReason: Extensive deterioration.

Washington

657 Bldgs., Fort LewisFt. Lewis Co: Pierce WA 98433–5000Landholding Agency: ArmyProperty Number: 219610001, 219610006–

219610007, 219610009–219610010,219610012, 219610042–219610046,219620512–219620517, 219640193,21972014–219720151, 219810205–219810243, 219820130–219820132,21199840118, 21199910063–21199910080,21199920125–21199920181,21199930080–21199930105, 21199940134,21200030065

Status: UnutilizedReason: Secured Area; Extensive

deterioration.10 Bldgs., Fort LewisHuckleberry Creek Mountain Training SiteCo: Pierce WALandholding Agency: ArmyProperty Number: 219740162–219740171Status: UnutilizedReason: Extensive deterioration.Bldg. 575Fort LawtonSeattle Co: King WA 98199Landholding Agency: ArmyProperty Number: 21199920119Status: UnutilizedReason: Secured Area.Bldg. 415, Fort WordenPort Angeles Co: Clallam WA 98362Landholding Agency: ArmyProperty Number: 21199910062Status: ExcessReason: Extensive deterioration.Bldg. U515A, Fort LewisFt. Lewis Co: Pierce WA 98433Landholding Agency: ArmyProperty Number: 21199920124Status: ExcessReason: gas chamber.Bldg. 303Yakima Training CenterYakima Co: WA 98901Landholding Agency: ArmyProperty Number: 21200010074Status: UnutilizedReason: Extensive deterioration.

Wisconsin

6 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WI 53913–Landholding Agency: ArmyProperty Number: 219011094, 219011209–

219011212, 219011217Status: Underutilized

Reason: Within 2000 ft. of flammable orexplosive material, Friable asbestos,Secured Area.

153 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WI 53913Landholding Agency: ArmyProperty Number: 219011104, 219011106,

219011108–219011113, 219011115–219011117, 219011119–2190111120,219011122–219011139, 219011141–219011142, 219011144, 219011148–219011208, 219011213–219011216,219011218–219011234, 219011236,219011238, 219011240, 219011242,219011244, 219011247, 219011249,219011251, 219011256, 19011259,219011263, 219011265, 219011268,219011270, 219011275, 219011277,219011280, 219011282, 219011284,219011286, 219011290, 219011293,219011295, 219011297, 219011300,219011302, 219011304–219011311,219011317, 219011319–219011321,219011323


explosive material, Friable asbestos,Secured Area.

4 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WILandholding Agency: ArmyProperty Number: 219013871–219013873,

219013875Status: UnderutilizedReason: Secured Area.22 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WILandholding Agency: ArmyProperty Number: 219013876–219013878,

219220295–219220311, 219510065–219510067

Status: UnutilizedReason: Secured Area.743 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WI 53913–Landholding Agency: ArmyProperty Number: 219210097–219210099,

219740184–219740271, 21200020083–21200020155


explosive material, Secured Area.124 Bldgs.Badger Army Ammunition PlantBaraboo Co: Sauk WI 53913Landholding Agency: ArmyProperty Number: 219510069–219510077Status: UnutilizedReason: Secured Area; Extensive

deterioration.

Land (by State)

Alabama

23 acres and 2284 acresAlabama Army Ammunition Plant110 Hwy. 235Childersburg Co: Talladega AL 35044–Landholding Agency: ArmyProperty Number: 219210095–219210096Status: ExcessReason: Secured Area.

Indiana

Newport Army Ammunition PlantEast of 14th St. & North of S. Blvd.Newport Co: Vermillion IN 47966–Landholding Agency: ArmyProperty Number: 219012360Status: UnutilizedReason: Within 2000 ft. of flammable or


Maryland

Carroll Island, Graces QuartersAberdeen Proving GroundEdgewood AreaAberdeen City Co: Harford MD 21010–5425Landholding Agency: ArmyProperty Number: 21902632Status: UnderutilizedReason: Floodway; Secured Area.

Minnesota

Portion of R.R. SpurTwin Cities Army Ammunition PlantNew Brighton Co: Ramsey MN 55112Landholding Agency: ArmyProperty Number: 219620472Status: UnutilizedReason: landlocked.

New Jersey

LandArmament Research Development & Eng.

CenterRoute 15 NorthPicatinny Arsenal Co: Morris NJ 07806–Landholding Agency: ArmyProperty Number: 219013788Status: UnutilizedReason: Secured Area.Spur Line/Right of WayArmament Rsch., Dev., & Eng. CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 219219530143Status: UnutilizedReason: Floodway.2.0 Acres, Berkshire TrailArmament Rsch., Dev., & Eng. CenterPicatinny Arsenal Co: Morris NJ 07806–5000Landholding Agency: ArmyProperty Number: 21199910036Status: UnutilizedReason: Within 2000 ft. of flammable or


Ohio

0.4051 acres, Lot 40 & 41Ravenna Army Ammunition PlantRavenna Co: Portage OH 44266–9297Landholding Agency: ArmyProperty Number: 219630109Status: UnutilizedReason: Within 2000 ft. of flammable or


Oklahoma

McAlester Army Ammunition PlantMcAlester Co: Pittsburg OK 74501–Landholding Agency: ArmyProperty Number: 219014603Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material.

Texas

Land—Approx. 50 acresLone Star Army Ammunition Plant



Texarkana Co: Bowie TX 75505–9100Landholding Agency: ArmyProperty Number: 219420308Status: UnutilizedReason: Secured Area.Land—Harrison BayouLonghorn Army Ammunition PlantKarnack Co: Harrison TX 75661Landholding Agency: Army

Property Number: 219640187Status: UnutilizedReason: Within 2000 ft. of flammable or

explosive material; Floodway.

Wisconsin

LandBadger Army Ammunition PlantBaraboo Co: Sauk WI 53913–

Location: Vacant land within plantboundaries.

Landholding Agency: ArmyProperty Number: 219013783Status: UnutilizedReason: Secured Area.

[FR Doc. 00–21392 Filed 8–24–00; 8:45 am]BILLING CODE 4210–29–M


Friday,

August 25, 2000

Part III

Postal RateCommissionNotice and Order on Omnibus PostalRate, Fee and Classification Case; Notice



POSTAL RATE COMMISSION

[Docket No. R2000–1; Order No. 1279]

Notice and Order on Omnibus PostalRate, Fee and Classification Case

AGENCY: Postal Rate Commission.ACTION: Notice and order on omnibuspostal rate, fee and classification case.

SUMMARY: This document advises thepublic that the Postal Service has fileda request with the Postal RateCommission seeking approval ofproposed postal rate and classificationchanges. The changes affect all classesand services of mail. It also announcesthe Commission’s initiation of a docketto consider the request. The documentalso identifies key dates related to thedocket.

DATES: See SUPPLEMENTARY INFORMATIONsection for dates.ADDRESSES: Send correspondenceconcerning this document to Margaret P.Crenshaw, Secretary, Postal RateCommission, 1333 H Street NW., Suite300, Washington, DC 20268–0001.FOR FURTHER INFORMATION CONTACT:Stephen L. Sharfman, General Counsel,Postal Rate Commission, 202–789–6820.SUPPLEMENTARY INFORMATION: The PostalRate Commission issued the followingorder on January 14, 2000. Due to anoversight, it was not published at thattime.

I. Filing of an Omnibus Rate andClassification Request

On January 12, 2000, the United StatesPostal Service filed a request with the PostalRate Commission for a recommendeddecision on proposed changes in domesticpostage rates and fees and in certain mailclassifications. The Service’s action wastaken pursuant to sections 3622 and 3623 ofthe Postal Reorganization Act (39 U.S.C.3622, 3623). The Service also filed severalcontemporaneous motions and noticesrelated to its request.

The Service’s rate proposals affect allclasses of mail and all special services. Theyare based on key assumptions regardingcosts, volumes, pricing and, in someinstances, on proposed reclassifications andanticipated legislative changes. Given theseassumptions, the Service’s rate proposalreflects, on average, an increase of 6.4percent; however, percentage increasesvary—sometimes significantly—by class,subclass and category. Moreover, some ratesor fees remain the same or decrease under theService’s proposal. The Service’sclassification proposals affect most classes ofmail and special services. In addition, theService is proposing a general revision of thespecial services sections of the domestic mailclassification schedule (DMCS).

This notice provides a general overview ofthe Service’s filing. Persons interested inlearning how the Service’s proposal affects

their interests are advised to review theService’s filing in detail.

Reason for filing request; proposed baseyear and test year. The Service asserts thatwithout the requested changes, it wouldincur a substantial revenue deficiency (ofmore than $3.6 billion) in the proposed testyear (FY 2001), in contravention of 39 U.S.C.3621 (the ‘‘break-even requirement’’). TheService estimates that its proposal willreduce that revenue deficiency toapproximately $21.8 million. The base yearfor Postal Service cost projections is 1998.

Anticipated implementation date. TheService’s filing triggers an administrativeprocess which, given due processconsiderations, can entail up to ten monthsof consideration at the Commission andadditional time for the Governors of thePostal Service to review the Commission’srecommendations. Accordingly, the PostalService indicates that its intention is toimplement new rates in January 2001.

II. Contents of Service’s Filing

The Service’s filing includes its formalrequest, seven attachments, and 41 pieces oftestimony, presented by 40 witnesses. Thetestimony is supported, in many instances,by exhibits, workpapers and libraryreferences. The Service’s filing includes thefollowing attachments: attachment A(reproduced as attachment A to this order)identifies requested changes in the DMCS.Attachment B (reproduced as attachment B tothis order) presents a comparison of currentand proposed rates and fees. Attachment C(addressing Commission rule 54(b)(2))specifies the rules, regulations and practicesthat establish standards of service andconditions of mailability by reference to thecontents of the domestic mail manual.Attachment D is the certification, required byrule 54(p), concerning the accuracy of coststatements and other documentationsubmitted with the request. Attachment Econtains audited financial statements.Attachment F provides an index identifyingwitnesses by name, testimony, exhibits andworkpapers by number, and the name andtelephone number of the witness’s attorney.Attachment G contains a compliancestatement addressing pertinent provisions ofCommission rules 54 and 64. In thestatement, the Service refers to a separatenotice relating to the alternate costpresentation required under the rules. SeeJanuary 12, 2000 notice of the Postal Serviceconcerning provision of informationpursuant to rule 54(a)(1).

III. Related Motions and Notices

The Service’s request was accompanied bythe following notices and motions: noticeregarding attorney/witness assignments;notice of filing of master list of libraryreferences, and notices for LR–I–152 and LR–I–153; motion for waiver and for protectiveconditions for analysis of witness Yezer;motion requesting waiver of the newCommission rules with respect to category 1library references; motion requesting waiverof the new Commission rules with respect tocategory 2 library references; motionrequesting waiver of the new Commissionrules with respect to category 3 library

references; motion requesting waiver of thenew Commission rules with respect tocategory 5 library references; and noticeconcerning provision of informationpursuant to Commission rule 54(a)(1) (allfiled January 12, 2000).

Answers to the motion for protectiveconditions are to be submitted on or beforeFebruary 14, 2000.

The Postal Service’s motions for waiver ofthe application of the new library referencerule will be discussed at the prehearingconference.

IV. Availability of the Service’s Filing

The Commission has posted the Service’sfiling on its website (www.prc.gov). Thefiling and library references are available forpublic inspection in the Commission’sdocket section. Docket section hours are 8a.m. to 4:30 p.m. Monday through Friday,except for government holidays. Forinformation about reviewing the filing at theCommission or accessing it via the website,telephone 202–789–6846.

V. Summary of Proposed Rate and FeeChanges

The Service proposes a one-cent increasein the price of the First-Class stamp. Thisraises the rate for the first ounce of single-piece First-Class Mail (FCM) from 33 cents to34 cents. The Service also proposes a one-cent increase in the additional-ounce rate,increasing it from 22 to 23 cents. The single-piece card rate would increase by one cent,to 21 cents. The Service’s proposals for otherrates and fees appear in attachment A to thisorder.

Materials accompanying the Postal Servicerequest indicate average percentage changesfor the classes of mail that appear in the listbelow (derived from USPS–T–32). Some ofthe figures presented in the list are based onthe Service’s assumptions regardingrestructuring and legislative changes. Ratesproposed for nonprofit mailers presumeenactment of changes to existing laws thathave not been reported by a committee ofeither house of Congress. Further details areavailable in the Service’s filing.

FCM (letters and sealed parcels). Averagesubclass-wide increase: 3.5 percent; single-piece letters: 3.4 percent increase; work-shared letters: 3.8 percent increase.

Cards. Average subclass-wide increase 5.0percent; single-piece cards: 4.9 percent;workshared cards: 5.2 percent.

Priority Mail. 15% increase.Express Mail: 3.8% increase.Periodicals. Within county: 8.5% increase;

outside county: 12.7% increase.Standard mail (A). Regular subclass: 9.4%

increase; Enhanced Carrier Route (ECR):4.9% increase; nonprofit subclass: 5.6%increase; Nonprofit ECR: 14.8% increase.

Standard mail (B): Parcel Post: 1.3%increase; Bound Printed Matter: 18.1%increase; Special: 4.9% increase; Library:4.5% increase.

Special services and fees. The percentagechanges for special services and for variousfees (such as annual permits or advancedeposit accounts) vary widely. Seeattachment B for comparisons of current andproposed rates and fees.



VI. Summary of the Service’s ProposedClassification Changes

Materials accompanying the Postal Servicerequest indicate that major proposedclassification changes include the following:

FCM. The Service proposes one change inthe FCM rate structure. The change, whichaffects automation rate flats, would separatethe combined 3/5-digit category for flats intodiscrete 3- and 5-digit tiers.

Periodicals. The Service proposescombining three of the four currentPeriodicals subclasses into one subclass,which would be referred to as ‘‘outsidecounty.’’

Standard mail. For parcels within what isgenerally referred to as Standard (A) mail(regular, ECR, nonprofit and nonprofit ECR),the Service proposes extending a parcelbarcode discount. The Service also proposesextending the following special services tothese parcels: delivery confirmation, returnreceipt for merchandise, and bulk insuranceservice. The Service proposes renamingStandard (B) as Package Services, renamingSpecial Standard as Media Mail andrenaming destination-entered parcel post asParcel Select. Parcel post intra- and inter-Bulk Mail Center (BMC) would continue tobe called Parcel Post. The Service alsoproposes allowing pieces weighing less thanone pound in all Standard Mail subclasses;and, the elimination of local rates and addingdestination drop shipping discounts forBound Printed Matter. New nonmachinablesurcharges would apply to Parcel Select-DBMC and intra-BMC parcels.

Special services. In addition to a generalrewrite of the DMCS sections on specialservices, the Service proposes a majorrestructuring of the fee structure for postoffice boxes, elimination of the merchandisereturn service fee, and extension of severalspecial services to Standard Mail (A) parcels.A quarterly fee option would be added forusers of Qualified Business Reply Mail(QBRM).

VII. Institution of Proceedings

The Commission hereby institutesproceedings to consider the Postal Service’srequest, which has been assigned docket no.R2000–1. The Commission will issueadditional notices regarding this case asneeded.

A. Nature of Proceedings; Possibility That theCommission’s Recommendation May DifferFrom the Service’s Proposed Changes

Proceedings in this docket will address, inthe first instance, the specific changes incurrent postal rates, fees and classificationprovisions the Service has proposed. TheCommission will also receive evidencesponsored by other interested participants,including the Commission’s office of theconsumer advocate (OCA), responding to thePostal Service’s proposed changes and itssupporting evidence. These presentationsmay include alternative rate, fee and mailclassification proposals.

After public hearings and the submissionof briefs from the Postal Service and otherparticipants, the Commission will considerall proposals advanced and arguments made.Depending upon its assessment of the public

policies and statutory factors mandated bythe Postal Reorganization Act, theCommission may or may not recommend thesame array of rate, fee and mail classificationchanges the Service requests, or that areproposed in the direct cases of otherparticipants. To accommodate applicablestatutory considerations, while observing thetechnical constraints of setting rates and feesfor all postal services, the Commission mayrecommend a schedule of postal rates andfees that differ from those proposed by thePostal Service and other participants. Inaddition, the Commission may decline torecommend proposed classifications, butaddress their objectives through otherrecommended adjustments in classifications,or rates or fees for existing mail categories.

B. Participation: Full, Limited andCommenter Status

Commission rules recognize three maintypes of participation in Commissionproceedings: full, limited or commenterstatus. Formal intervention in hearings on thePostal Service’s request generally takes theform of full intervention; however, the statusof limited intervention is also available undercertain circumstances. Persons intending toseek either full or limited status must file anotice of intervention that complies withCommission rules. These rules requirecertain information and representations, suchas whether the intervenor intends to activelyparticipate in the proceeding. Commenterstatus is available to those wishing to expresstheir views informally. This status does notrequire a notice of intervention orcompliance with the Commission’sevidentiary rules. Other distinctions amongthe forms of participation are explained inCommission rules 20, 20a and 20b. (39 CFR3001.20, 20a and 20b.) Questions about theinterpretation and application of these rulesshould be directed to the Commission’s officeof general counsel at 202–789–6820.

Other information regarding intervention.Notices of intervention should be sent to theattention of Margaret P. Crenshaw, Secretaryof the Commission, 1333 H Street NW., Suite300, Washington, DC 20268–0001.Intervenors are asked to include with theirnotice a telephone number, facsimile numberand, if available, an e-mail address. Uponintervention, participants may submit formaldiscovery or contact the Postal Service torequest an informal technical conference.The deadline for intervention is February 14,2000.

C. Representation of Interests of the GeneralPublic

The Commission designates Ted P.Gerarden, director of the Commission’s officeof the consumer advocate (OCA), to representthe interests of the general public in thisproceeding pursuant to 39 U.S.C. 3624(a).Mr. Gerarden shall direct the activities ofCommission personnel assigned to assist himand, at an appropriate time, provide thenames of these employees for the record.Neither Mr. Gerarden nor the assignedpersonnel shall participate in or advise as toany Commission decision in this proceeding,other than in their designated capacity.Parties shall serve the OCA separately with

three copies of all filings in addition to, andat the same time as, they effect service on theCommission.

D. Prehearing conference date; otherscheduling matters.

The Commission will conduct this casewith the utmost expedition consistent withthe due process rights of all participants. Aprehearing conference will be heldWednesday, February 16, 2000 at 9:30 a.m.in the Commission’s hearing room. Thehearing room is located on Commissionpremises at 1333 H Street NW, Suite 300,Washington, DC 20268–0001. Participantsintending to raise topics for discussion at theprehearing conference are directed to filenotice to that effect on or before February 14,2000. Additional prehearing conferences willbe scheduled if needed. The Commissionwill propose a comprehensive schedule inthe near future.

In accordance with the Commission’s goalof expeditious consideration, theCommission will conduct the prehearingconference and other hearings en banc (39CFR 3001.30(b)). Unless otherwise indicated,all conferences and hearings will begin at9:30 a.m. Hearings will be conducted on therecord and will be transcribed by an officialreporter, unless the presiding officerdetermines otherwise. Attendees who mayrequire special accommodations to fullyparticipate in the hearings should contactMargaret P. Crenshaw, secretary of theCommission, at 202–789–6840.

VIII. Effect of the Service’s Request onPending Matters

Several matters, including some docketedproceedings, are currently pending at theCommission. The Commission anticipatesaddressing the status of these matters andtheir impact, if any, on procedural andsubstantive aspects of the instant docket atthe prehearing conference.

IX. Rules of Practice and Procedure

In the recent past, the Commissiongenerally has used a set of special rules inomnibus proceedings. Adoption of many ofthe special rules on a permanent basis hasbeen under consideration in docket no.RM98–3, which is one of the cases currentlypending at the Commission. As completionof that docket is likely to occur in the nearfuture, the Commission is not issuing aproposed set of special rules at this time. Therules governing this docket will be addressedat the prehearing conference. It is ordered:

1. The Commission will sit en banc in thisproceeding.

2. Notices of intervention shall be filed onor before February 14, 2000.

3. Ted P. Gerarden, director of theCommission’s office of the consumeradvocate, is designated to represent theinterests of the general public in thisproceeding.

4. A prehearing conference will be heldWednesday, February 16, 2000. The hearingwill begin at 9:30 a.m. in the Commission’shearing room, located at 1333 H Street NW.,Suite 300, Washington, DC 20268–0001.

5. Participants intending to raise topics fordiscussion at the prehearing conference shall



provide written notice on or before February14, 2000.

6. Answers to the Service’s motion forwaiver and protective conditions for analysis

of witness Yezer shall be filed on or beforeFebruary 14, 2000.

7. The Secretary shall cause this notice andorder to be published in the Federal Register.

Cyril J. Pittack,Acting Secretary.



Schedules 121, 122, and 123 Notes1 The applicable 2-pound rate is charged

for matter sent in a ‘flat rate’ envelopeprovided by the Postal Service.

2 Add [$8.25] $10.25 for each pickup stop.3 Add [$8.25] $10.25 for each Custom

Designed delivery stop.

FIRST-CLASS MAIL

Rate Schedule 221

Currentrate

(cents)

Proposedrate

(cents)

Letters and Sealed Parcels

Regular:



FIRST-CLASS MAIL—ContinuedRate Schedule 221

Currentrate

(cents)

Proposedrate

(cents)

Single Piece: First Ounce ......................................................................................................................................... 33.0 34.0Presort 1 .................................................................................................................................................................... 30.5 32.0Qualified Business Reply Mail .................................................................................................................................. 30.0 31.0Additional Ounce 2 .................................................................................................................................................... 22.0 23.0Nonstandard Surcharge:

Single Piece ...................................................................................................................................................... 11.0 11.0Presort ............................................................................................................................................................... 5.0 5.0

Automation—Presort: 1

Letters: 3

Basic Presort 4 ................................................................................................................................................... 27.0 28.03-Digit Presort 5 ................................................................................................................................................. 26.1 27.15-Digit Presort 6 ................................................................................................................................................. 24.3 25.3Carrier Route Presort 7 ...................................................................................................................................... 23.8 24.8

Flats: 8

Basic Presort 9 ................................................................................................................................................... 30.0 31.0[3/5-Digit Presort 10] ........................................................................................................................................... 27.0 N/A3-Digit Presort 10 ................................................................................................................................................ N/A 29.55-Digit Presort 11 ................................................................................................................................................ N/A 27.5

Additional Ounce 2 .................................................................................................................................................... 22.0 23.0Nonstandard Surcharge ........................................................................................................................................... 5.0 5.0

Schedule 221 Notes1 A mailing fee of [$100.00] $125.00 must

be paid once each year at each office ofmailing by any person who mails other thanSingle Piece First-Class Mail. Payment of thefee allows the mailer to mail at any First-Class rate. For presorted mailing weighingmore than 2 ounces, subtract 4.6 cents perpiece.

2 Rate applies through 13 ounces. Heavierpieces are subject to Priority Mail rates.

3 Rates apply to bulk-entered mailings of atleast 500 letter-size pieces, which must bedelivery point barcoded and meet otherpreparation requirements specified by thePostal Service and, for the Basic Presort rate,documents provided for entry as mail using

Mailing Online service, pursuant toclassification schedule 981.

4 Rate applies to letter-size Automation-Presort category mail not mailed at 3-Digit, 5-Digit, or Carrier Route rates.

5 Rate applies to letter-size Automation-Presort category mail presorted to single ormultiple three-digit ZIP Code destinationsspecified by the Postal Service.

6 Rate applies to letter-size Automation-Presort category mail presorted to single ormultiple five-digit ZIP Code destinationsspecified by the Postal Service.

7 Rate applies to letter-size Automation-Presort category mail presorted to carrierroutes specified by the Postal Service.

8 Rates apply to bulk-entered mailings of atleast 500 flat-size pieces, each of which must

be delivery-point barcoded or bear a ZIP+4barcode, and must meet other preparationrequirements specified by the Postal Serviceand, for the Basic Presort rate, documentsprovided for entry as mail using MailingOnline service, pursuant to schedule 981.

9 Rate applies to flat-size Automation-Presort category mail not mailed at the [3/5-Digit] 3-Digit or 5-Digit rate.

10 Rate applies to flat-size Automation-Presort category mail presorted to single ormultiple three-[and five-]digit ZIP Codedestinations [as] specified by the PostalService.

11 Rate applies to flat-size Automation-Presort category mail presorted to single ormultiple five-digit ZIP Code destinationsspecified by the Postal Service.

FIRST-CLASS MAIL

Rate Schedule 222

Currentrate

(cents)

Proposedrate

(cents)

Cards

Regular:Single Piece .............................................................................................................................................................. 20.0 21.0Presort 1 .................................................................................................................................................................... 18.0 19.0Qualified Business Reply Mail .................................................................................................................................. 18.0 18.0

Automation—Presort:1,2

Basic Presort 3 .......................................................................................................................................................... 16.6 17.43-Digit Presort 4 ........................................................................................................................................................ 15.9 16.75-Digit Presort 5 ........................................................................................................................................................ 14.6 15.4Carrier Route Presort 6 ............................................................................................................................................. 14.1 14.9

Schedule 222 Notes1 A mailing fee of [$100.00] $125.00 must

be paid once each year at each office ofmailing by any person who mails other thanSingle Piece First-Class Mail. Payment of the

fee allows the mailer to mail at any First-Class rate.

2 Rates apply to bulk-entered mailings of atleast 500 pieces, which must be barcodedand meet other preparation requirementsspecified by the Postal Service.

3 Rate applies to Automation-Presortcategory mail not mailed at 3-Digit, 5-Digit,or Carrier Route rates.

4 Rate applies to Automation-Presortcategory mail presorted to single or multiple



three-digit ZIP Code destinations as specifiedby the Postal Service.

5 Rate applies to Automation-Presortcategory mail presorted to single or multiple

five-digit ZIP Code destinations as specifiedby the Postal Service.

6 Rate applies to Automation-Presortcategory mail presorted to carrier routesspecified by the Postal Service.



Schedule 223 Notes1 The 2-pound rate is charged for matter

sent in a ‘‘flat rate’’ envelope provided by thePostal Service.

2 Add [$8.25] $10.25 for each pickup stop.3 EXCEPTION: Parcels that weigh less than

15 pounds but measure over 84 inches inlength and girth combined, are charged with

a minimum rate equal to that for a 15-poundparcel for the zone to which addressed.



STANDARD MAIL

Rate Schedule [321.2A] 321A

Currentrate

(cents)

Proposedrate

(cents)

Regular Subclass Presort Category 1

Letter Size:Piece Rate:

Basic .................................................................................................................................................................. 23.5 24.23/5-Digit ............................................................................................................................................................. 20.7 22.5

Destination Entry Discount per Piece:BMC ................................................................................................................................................................... 1.6 1.7SCF ................................................................................................................................................................... 2.1 2.2

Non-Letter Size: 2

Piece Rate:Minimum per Piece: 3

Basic .................................................................................................................................................................. 30.4 31.13/5-Digit ............................................................................................................................................................. 24.0 25.8


Pound Rate: 3 ........................................................................................................................................................... 67.7 66.1Plus per Piece Rate:

Basic .................................................................................................................................................................. 16.4 17.53/5-Digit ............................................................................................................................................................. 10.0 12.2

Destination Entry Discount per Pound:BMC ................................................................................................................................................................... 7.9 8.3SCF ................................................................................................................................................................... 10.0 10.8

Schedule [321.2A] 321A Notes1 A fee of [$100.00] $125.00 must paid each

12-month period for each bulk mailingpermit.

2 Residual shape pieces are subject to asurcharge of [$0.10] $0.18 per piece. Forparcel barcode discount, deduct $0.03 perpiece.

3 Mailer pays either the minimum piecerate or the pound rate, whichever is higher.

Standard MailRate Schedule [321.2B] 321B

Currentrate

(cents)

Proposedrate

(cents)

Regular Subclass Automation Category 1

Letter Size: 2

Piece Rate:Basic Letter 3 ..................................................................................................................................................... 18.3 20.03-Digit Letter 4 .................................................................................................................................................... 17.6 19.35-Digit Letter 5 .................................................................................................................................................... 16.0 17.2


Flat Size: 6


Basic Flat 8 ................................................................................................................................................. 24.5 26.73/5-Digit Flat 9 ............................................................................................................................................. 20.3 23.1

Destination Entry Discount per Piece:BMC ........................................................................................................................................................... 1.6 1.7SCF ............................................................................................................................................................ 2.1 2.2

Pound Rate: 7 67.7 66.1Plus per piece Rate:

Basic Flat ................................................................................................................................................... 10.5 13.13/5-Digit Flat ............................................................................................................................................... 6.3 9.5

Destination Entry Discount per Pound:BMC ........................................................................................................................................................... 7.9 8.3SCF ............................................................................................................................................................ 10.0 10.8



Schedule [321.2B] 321B Notes1 A fee of [$100.00] $125.00 must be paid

once each 12-month period for each bulkmailing permit.

2 For letter-size automation pieces meetingapplicable Postal Service regulations.

3 Rate applies to letter-size automation mailnot mailed at 3-digit, 5-digit, or carrier routerates.

4 Rate applies to letter-size automation mailpresorted to single or multiple three-digit ZIPCode destinations as specified by the PostalService.

5 Rate applies to letter-size automation mailpresorted to single or multiple five-digit ZIPCode destinations as specified by the PostalService.

6 For flat-size automation mail meetingapplicable Postal Service regulations.


8 Rate applies to flat-size automation mailnot mailed at 3/5-digit rate.

9 Rate applies to flat-size automation mailpresorted to single or multiple three- andfive-digit ZIP Code destinations as specifiedby the Postal Service.

STANDARD MAIL

Rate Schedule [321.3] 322

Currentrate

(cents)

Proposedrate

(cents)

Enhanced Carrier Route Subclass 1


Basic .................................................................................................................................................................. 16.2 17.5Basic Automated Letter 2 ................................................................................................................................... 15.6 16.3High Density ...................................................................................................................................................... 13.9 15.2Saturation .......................................................................................................................................................... 13.0 14.3

Destination Entry Discount per Piece:BMC ................................................................................................................................................................... 1.6 1.7SCF ................................................................................................................................................................... 2.1 2.2DDU ................................................................................................................................................................... 2.6 2.8

Non-Letter Size: 3

Piece RateMinimum per Piece: 4

Basic ........................................................................................................................................................... 16.2 17.5High Density ............................................................................................................................................... 15.1 15.4Saturation ................................................................................................................................................... 14.0 14.8

Destination Entry Discount per Piece:BMC ........................................................................................................................................................... 1.6 1.7SCF ............................................................................................................................................................ 2.1 2.2DDU ............................................................................................................................................................ 2.6 2.8


Basic ........................................................................................................................................................... 2.5 5.5High Density ............................................................................................................................................... 1.4 3.4Saturation ................................................................................................................................................... 0.3 2.8

Destination Entry Discount per Pound:BMC ........................................................................................................................................................... 7.9 8.3SCF ............................................................................................................................................................ 10.0 10.8DDU ............................................................................................................................................................ 12.6 13.4

Schedule [321.3] 322 Notes1 A fee of [$100.00] $125.00 must be paid

each 12-month period for each bulk mailingpermit.

2 Rate applies to letter-size automation mailpresorted to routes specified by the PostalService.

3 Residual shape pieces are subject to asurcharge of [$0.10] $0.15 per piece.


STANDARD MAIL

Rate Schedule [321.4A] 323A

Currentrate

(cents)

Proposedrate

(cents)

Nonprofit Subclass Presort Category[ies] 1

[(Full Rates)]

Letter Size:Piece Rate

Basic .................................................................................................................................................................. 16.9 15.93/5-Digit ............................................................................................................................................................. 14.2 15.0


Non-Letter Size: 2



STANDARD MAIL—ContinuedRate Schedule [321.4A] 323A

Currentrate

(cents)

Proposedrate

(cents)


Basic .................................................................................................................................................................. 23.3 21.93/5-Digit ............................................................................................................................................................. 16.5 17.5



Basic .................................................................................................................................................................. 12.0 9.93/5-Digit ............................................................................................................................................................. 5.2 5.5


Schedule [321.4A] 323A Notes1 A fee of [$100.00] $125.00 must be paid


2 Residual shape pieces are subject to asurcharge of [$0.10] $0.18 per piece. Forparcel barcode discount, deduct $0.03 perpiece.


STANDARD MAIL

Rate Schedule [321.4B] 323B

Currentrate

(cents)

Proposedrate

(cents)

Nonprofit Subclass Automation Category[ies] 1

[(Full Rates)]

Letter Size: 2

Piece Rate:Basic Letter 3 ..................................................................................................................................................... 11.9 12.93-Digit Letter 4 .................................................................................................................................................... 11.4 12.25-Digit Letter 5 .................................................................................................................................................... 9.3 10.1


Flat Size: 6


Basic Flat 8 ........................................................................................................................................................ 18.2 17.83/5-Digit Flat 9 .................................................................................................................................................... 14.4 15.8


Pound Rate: 7 55.0 58.0Plus per Piece Rate:

Basic Flat 8 ........................................................................................................................................................ 6.9 5.83/5-Digit Flat 9 .................................................................................................................................................... 3.1 3.8


Schedule [321.4B] 323B Notes1 A fee of [$100.00] $125.00 must be paid


2 For letter-size automation pieces meetingapplicable Postal Service regulations.

3 Rate applies to letter-size automation mailnot mailed at 3-digit, 5-digit, or carrier routerates.

4 Rate applies to letter-size automation mailpresorted to single or multiple three-digit ZIPCode destinations as specified by the PostalService.

5 Rate applies to letter-size automation mailpresorted to single or multiple five-digit ZIPCode destinations as specified by the PostalService.

6 For flat-size automation mail meetingapplicable Postal Service regulations.


8 Rate applies to flat-size automation mailnot mailed at 3/5-digit rate.

9 Rate applies to flat-size automation mailpresorted to single or multiple three-and five-digit ZIP Code destinations as specified bythe Postal Service.



STANDARD MAIL

Rate Schedule [321.5] 324

Currentrate

(cents)

Proposedrate

(cents)

Nonprofit Enhanced Carrier Route Subclass1

[(Full Rates)]


Basic .................................................................................................................................................................. 9.9 11.3Basic Automated Letter 2 ................................................................................................................................... 9.2 10.0High Density ...................................................................................................................................................... 7.8 9.0Saturation .......................................................................................................................................................... 7.2 8.4


Non-Letter Size: 3


Basic .................................................................................................................................................................. 9.9 11.3High Density ...................................................................................................................................................... 9.2 9.7Saturation .......................................................................................................................................................... 8.4 9.2


Pound Rate: 4 29.0 37.0Plus per Piece Rate:

Basic .................................................................................................................................................................. 3.9 3.7High Density ...................................................................................................................................................... 3.2 2.1Saturation .......................................................................................................................................................... 2.4 1.6

Destination Entry Discount per Pound:BMC ................................................................................................................................................................... 7.9 8.3SCF ................................................................................................................................................................... 10.0 10.8DDU ................................................................................................................................................................... 12.6 13.4


each 12-month period for each bulk mailingpermit.

2 Rate applies to letter-size automation mailpresorted to routes specified by the PostalService.

3 Residual shape pieces are subject to asurcharge of [$0.10] $0.15 per piece.


PERIODICALS

Rate Schedule 421

Postagerate unit

Currentrate 3

(cents)

Proposedrate 3

(cents)

[Regular] Outside County Subclass 1, 2

Per Pound:Nonadvertising Portion ................................................................................................................... Pound ........... 16.1 18.6Advertising Portion: 11

Delivery Office 4 ....................................................................................................................... Pound ........... 15.5 18.0SCF 5 ....................................................................................................................................... Pound ........... 17.8 21.01&2 .......................................................................................................................................... Pound ........... 21.5 24.73 .............................................................................................................................................. Pound ........... 22.9 26.34 .............................................................................................................................................. Pound ........... 26.3 30.25 .............................................................................................................................................. Pound ........... 31.6 36.16 .............................................................................................................................................. Pound ........... 37.1 42.37 .............................................................................................................................................. Pound ........... 43.8 49.98 .............................................................................................................................................. Pound ........... 49.5 56.3

Science of Agriculture:Delivery Office ......................................................................................................................... Pound ........... 11.6 13.5SCF ......................................................................................................................................... Pound ........... 13.3 15.8Zones 1&2 ............................................................................................................................... Pound ........... 16.1 18.6

Per Piece:Less Nonadvertising Factor 6 ......................................................................................................... ...................... 5.9 6.6Required Preparation 7 ................................................................................................................... Piece ............ 29.4 31.8

Presorted to 3-digit ................................................................................................................. Piece ............ 25.3 27.4



PERIODICALS—ContinuedRate Schedule 421

Postagerate unit

Currentrate 3

(cents)

Proposedrate 3

(cents)

Presorted to 5-digit ................................................................................................................. Piece ............ 19.7 22.2Presorted to Carrier Route ..................................................................................................... Piece ............ 12.2 14.1

Discounts:Prepared to Delivery Office 4 .................................................................................................. Piece ............ 1.3 2.1Prepared to SCF 5 ................................................................................................................... Piece ............ 0.7 1.2High Density 8 .......................................................................................................................... Piece ............ 1.9 2.5Saturation 9 .............................................................................................................................. Piece ............ 3.7 4.3

Automation Discounts for Automation Compatible Mail 10

From Required:Prebarcoded letter size ........................................................................................................... Piece ............ 6.2 5.6Prebarcoded flats .................................................................................................................... Piece ............ 4.6 3.2

From 3-Digit:Prebarcoded letter size ........................................................................................................... Piece ............ 4.7 4.5Prebarcoded flats .................................................................................................................... Piece ............ 3.9 2.7

From 5-Digit:Prebarcoded letter size ........................................................................................................... Piece ............ 3.5 4.8Prebarcoded flats .................................................................................................................... Piece ............ 2.9 2.8

Schedule 421 Notes1 [The rates in this schedule also apply to

commingled nonsubscriber, non-requester,complimentary, and sample copies in excessof 10 percent allowance in regular-rate,nonprofit, and classroom periodicals.] Therates in this schedule also apply to Nonprofit(DMCS Section 422.2) and Classroom (DMCSSection 422.3) rate categories. Thesecategories receive a 5 percent discount on allcomponents of postage except advertisingpounds. Moreover, the 5 percent discountdoes not apply to commingled nonsubscriber,nonrequester, complimentary, and samplecopies in excess of the 10 percent allowance

under DMCS sections 412.34 and 413.42, orto Science of Agriculture mail.

2 Rates do not apply to otherwise [regularrate] Outside County mail that qualifies forthe Within County rates in Schedule 423[.2].

3 Charges are computed by adding theappropriate per-piece charge to the sum ofthe nonadvertising portion and theadvertising portion, as applicable.

4 Applies to carrier route (including highdensity and saturation) mail delivered withinthe delivery area of the originating postoffice.

5 Applies to mail delivered within the SCFarea of the originating SCF office.

6 For postage calculations, multiply theproportion of nonadvertising content by thisfactor and subtract from the applicable piecerate.

7 Mail not eligible for carrier-route, 5-digitor 3-digit rates.

8 Applicable to high density mail, deductedfrom carrier route presort rate.

9 Applicable to saturation mail, deductedfrom carrier route presort rate.

10 For automation compatible mail meetingapplicable Postal Service regulations.

11 Not applicable to qualifying Nonprofitand Classroom publications containing 10percent or less advertising content.

PERIODICALS

Rate Schedule 423[.2]

Currentrate 3

(cents)

Proposedrate 3

(cents)

Within County[(Full Rates)]

Per Pound:General ..................................................................................................................................................................... 13.3 14.5Delivery Office 1 ........................................................................................................................................................ 10.7 11.8

Per Piece:Required Presort ...................................................................................................................................................... 9.5 9.9Presorted to 3-digit ................................................................................................................................................... 8.8 9.2Presorted to 5-digit ................................................................................................................................................... 8.0 8.4Carrier Route Presort ............................................................................................................................................... 4.3 4.8

Per Piece Discount:Delivery Office 2 ........................................................................................................................................................ 0.4 0.5High Density (formerly 125 piece) 3 ......................................................................................................................... 1.4 1.6Saturation ................................................................................................................................................................. 1.8 2.1Automation Discounts for Automation Compatible Mail 4

From Required:Prebarcoded Letter size .................................................................................................................................... 4.9 5.0Prebarcoded Flat size ....................................................................................................................................... 3.0 2.7

From 3-digit:Prebarcoded Letter size .................................................................................................................................... 4.4 4.4Prebarcoded Flat size ....................................................................................................................................... 2.6 2.3

From 5-digit:Prebarcoded Letter size .................................................................................................................................... 3.9 3.9Prebarcoded Flat size ....................................................................................................................................... 2.2 2.0



Schedule 423[.2] Notes1 Applicable only to carrier route

(including high density and saturation)presorted pieces to be delivered within thedelivery area of the originating post office.

2 Applicable only to carrier presortedpieces to be delivered within the deliveryarea of the originating post office.

3 Applicable to high density mail, deductedfrom carrier route presort rate. Mailers alsomay qualify for this discount on an

alternative basis as provided in DMCSsection 423.[8]43.

4 For automation compatible piecesmeeting applicable Postal Serviceregulations.

[PERIODICALS][Rate Schedule 423.3]

[Publications of Authorized Nonprofit Organizations][Delete Rate Schedule 423.3; see Rate Schedule 421, note 1]

[PERIODICALS][Rate Schedule 423.4]

[Classroom Publications]

[Delete Rate Schedule 423.4; Rate Schedule 421, note 1]



Schedule [322.1A] 521.2A Notes1 For nonmachinable Inter-BMC parcels,

add [$1.69] $1.79 per piece.2 For each pickup stop, add [$8.25] $10.25.3 For Origin Bulk Mail Center Discount,

deduct [$0.57] $0.93 per piece.

4 For BMC Presort, deduct [$0.22] $0.23 perpiece.

5 For Barcode[d] Discount, deduct $0.03per piece.

6 See DMCS section [322.161] 521.61 foroversize Parcel Post.

7 Parcel Post pieces exceeding 84 inches inlength and girth combined and weighing lessthan 15 pounds are subject to a rate equal tothat for a 15 pound parcel for the zone towhich the parcel is addressed.



Schedule [322.1B] 521.2B Notes1 For each pickup stop, add: [$8.25] $10.25.2 For Barcode[d] Discount, deduct $0.03

per piece.

3 See DMCS section [322.161] 521.61 foroversize Parcel Post.

4 Parcel Post pieces exceeding 84 inches inlength and girth combined and weighing lessthan 15 pounds are subject to a rate equal to

that for a 15 pound parcel for the zone towhich the parcel is addressed.

5 For nonmachinable intra-BMC parcels,add $0.40 per piece.



Schedule [322.1C] 521.2C Notes1 For Barcode[d] Discount, deduct $0.03

per piece.2 See DMCS section [322.161]521.61 for

oversize Parcel Post.


4 A fee of [$100.00] $125.00 must be paideach year for [DBMC, DSCF, and DDU] ParcelSelect.

5 For nonmachinable DBMC parcels, add$0.45 per piece.



Schedule [322.1D] 521.2D Notes1 See DMCS section [322.161]521.61 for






Schedule [322.1E] 521.2E Notes1 See DMCS section [322.161]521.61 for






Schedule [322.3A] 522A Notes1 Includes both catalogs and similar Bound

Printed Matter.

2 For barcode[d] discount, deduct $0.03 perpiece.

[STANDARD MAIL] Package ServicesRate Schedule [322.3B] 522B

Current Per Piece Proposed Per Piece

Zone [Per Piece]Basic 3

CarrierRoute 2 Per Pound Zone [Per Piece]

Basic 3CarrierRoute 2 Per Pound

Bound Printed Matter Subclass[Bulk] Basic Presort and Carrier Route Presort Rates 1

(dollars)

Local ................................. $0.54 $0.463 $0.028 Local ................................. N/A N/A N/A1&2 .................................... 0.72 0.643 0.051 1&2 ................................... $0.905 $0.828 $0.0643 ........................................ 0.72 0.643 0.073 3 ........................................ 0.905 0.828 0.0924 ........................................ 0.72 0.643 0.112 4 ........................................ 0.905 0.828 0.1385 ........................................ 0.72 0.643 0.171 5 ........................................ 0.905 0.828 0.2096 ........................................ 0.72 0.643 0.233 6 ........................................ 0.905 0.828 0.2867 ........................................ 0.72 0.643 0.307 7 ........................................ 0.905 0.828 0.3768 ........................................ 0.72 0.643 0.371 8 ........................................ 0.905 0.828 0.450

Schedule [322.3B] 522B Notes1 Includes both catalogs and similar bound

printed matter.

2 Applies to mailings of at least 300 piecespresorted to carrier route as specified by thePostal Service.

3 For barcode[d] discount, deduct $0.03 perpiece.



Package ServicesRate Schedule 522C

DBMCZones 1&2

DBMCZone 3

DBMCZone 4

DBMCZone 5 DSCF DDU

Bound Printed Matter SubclassDestination Entry Basic Presort 1

Proposed:Per Piece .................................................................. $0.843 $0.843 $0.843 $0.843 $0.659 $0.608Per Pound ................................................................. 0.060 0.086 0.132 0.201 0.035 0.033

Schedule 522C Notes1. For barcode discount, deduct $0.03 per

piece. Barcode discount is not available for

DDU and DSCF rates and DBMC mail enteredat an ASF (except Phoenix, Arizona ASF).

Package ServicesRate Schedule 522D

DBMCZones 1&2

DBMCZone 3

DBMCZone 4

DBMCZone 5 DSCF DDU

Bound Printed Matter SubclassDestination Entry Carrier Route Presort

Proposed:Per Piece .................................................................. $0.766 $0.766 $0.766 $0.766 $0.582 $0.531Per Pound ................................................................. 0.060 0.086 0.132 0.201 0.035 0.033

[STANDARD MAIL] Package ServicesRate Schedule[s 323.1 and 323.2] 523

Currentrates

(cents)

Proposedrates

(cents)

[Special and Library Rate] Media Mail Subclass[es][Schedule 323.1: Special]

First Pound:

Not Presorted 4 ......................................................................................................................................................... 113 121Level A Presort (5-digits)1 2 ...................................................................................................................................... 64 68Level B Presort (BMC)1 3 4 ........................................................................................................................................ 95 99

Each additional pound through 7 pounds ....................................................................................................................... 45 45Each additional pound over 7 pounds ............................................................................................................................. 28 30

Schedule [323.1] 5231 A fee of [$100.00] $125.00 must be paid

once each 12-month period for each permit.

2 For mailings of 500 pieces properlyprepared and presorted to five-digitdestination ZIP Codes.

3 For mailings of 500 or more piecesproperly prepared and presorted to Bulk MailCenters.

4 For Barcode[d] Discount, deduct $0.03.

[STANDARD MAIL] Package ServicesRate Schedule[s 323.1 and 323.2] 524

Currentrates

(cents)

Proposedrates

(cents)

[Special and] Library Mail [Rate] Subclass[es][Schedule 323.2: Library]

First Pound:Not Presorted 4 ......................................................................................................................................................... 113 120Level A Presort (5-digits)1 2 ...................................................................................................................................... 64 67Level B Presort (BMC)1 3 4 ........................................................................................................................................ 95 98

Each additional pound through 7 pounds ....................................................................................................................... 45 45Each additional pound over 7 pounds ............................................................................................................................. 28 30




once each 12-month period for each permit.

2 For mailings of 500 pieces properlyprepared and presorted to five-digitdestination ZIP Codes.

3 For mailings of 500 or more piecesproperly prepared and presorted to Bulk MailCenters.

4 For Barcode[d] Discount, deduct $0.03.

FEE SCHEDULE 911Address Corrections

[Description] Currentfee

Proposedfee

Per manual correction ..................................................................................................................................................... $0.50 $0.60Per automated correction ................................................................................................................................................ $0.20 $0.20

FEE SCHEDULE 912

Current fee Proposedfee

ZIP Coding Mailing Lists

Per thousand addresses .................................................................................................................................................. $70.00 $73.00

Correction of Mailing Lists

[Fee]Per submitted address ..................................................................................................................................................... $0.20 $0.25Minimum charge per list corrected .................................................................................................................................. $7.00 $7.50

Address Changes for Election Boards and Registration Commissions

[Fee]

Per change of address .................................................................................................................................................... $0.17 $0.24

Corrections Associated with Arrangement of Address Cards in Carrier Delivery Sequence

[Fee]Per correction .................................................................................................................................................................. $0.20 $0.25

Note: When rural routes have been consolidated or changed to another post office, no charge will be made for correction if the list containsonly names of persons residing on the route or routes involved.

FEE SCHEDULE 921Post Office Boxes and Caller Service

Box Size 2

Fee Group 1 2 3 4 5

[Edit Part I of Fee Schedule 921 as follows:]I. Post Office Boxes

Semi-annual Box Fees 1

Current:A ....................................................................................................... $30.00 $46.00 $80.00 $151.00 $261.00B ....................................................................................................... 27.00 41.00 70.00 136.00 217.00C ....................................................................................................... 22.00 32.00 57.00 97.00 162.00D ....................................................................................................... 7.00 12.00 22.00 33.00 52.00E ....................................................................................................... 0.00 0.00 0.00 0.00 0.00

Proposed:B2 ..................................................................................................... 30.00 45.00 85.00 170.00 300.00C3 ..................................................................................................... 27.50 40.00 75.00 150.00 250.00C4 ..................................................................................................... 22.50 32.50 60.00 125.00 212.50C5 ..................................................................................................... 19.00 27.50 50.00 87.50 150.00D6 ..................................................................................................... 10.00 16.00 25.00 50.00 90.00D7 ..................................................................................................... 8.50 13.00 22.50 40.00 65.00E ....................................................................................................... 0.00 0.00 0.00 0.00 0.00

1 A customer ineligible for carrier delivery may obtain a post office box at Group E fees, subject to administrative decisions regarding cus-tomer’s proximity to post office.

2 Box Size 1=under 296 cubic inches; 2=296-499 cubic inches; 3=500–999 cubic inches; 4=1000–1999 cubic inches; 5=2000 cubic inches andover.



Currentfee

Proposedfee

I. Key Duplication and Lock Changes:Key duplication or replacement ................................................................................................................................ N/A $4.00Post office box lock replacement ............................................................................................................................. N/A $10.00

III. Semi-annual Caller Service Fees ............................................................................................................................... $275.00 $375.00[Fee Group][A $275][B $275][C $275][D $275]

[III.] IV. Annual Call Number Reservation Fee:(All applicable Fee Groups) ...................................................................................................................................... $36.00 $30.00

FEE SCHEDULE 931Business Reply Mail

Currentfee

Proposedfee

Active business reply advance deposit account:Per piece:

Qualified (without Quarterly fee) ....................................................................................................................... $0.05 $0.06Qualified (with Quarterly fee) ............................................................................................................................ N/A $0.03Nonletter-size, using weight averaging ............................................................................................................. $0.01 $0.01Other .................................................................................................................................................................. $0.08 $0.10

Payment of postage due charges if active business reply mail advance deposit account not used:Per piece .................................................................................................................................................................. $0.30 $0.35

Annual License and Accounting Fees:Accounting [F]fee for [A]advance [D]deposit [A]account ......................................................................................... $300.00 $375.00Permit fee (with or without [A]advance [D]deposit [A]account) ............................................................................... $100.00 $125.00

Monthly Fees for customers using weight averaging for nonletter-size business reply ................................................. $600.00 $600.00Qualified BRM Quarterly Fee .......................................................................................................................................... N/A $850.00

FEE SCHEDULE 932Merchandise Return

Currentfee

Proposedfee

[Per Transaction][Shipper must have an advance deposit account] .......................................................................................................... [$0.30]

[(see DMCS Schedule 1000)]Annual License and Accounting Fees:

Permit fee ................................................................................................................................................................. $100.00 $125.00Accounting fee for advance deposit account ........................................................................................................... $N/A $375.00

FEE SCHEDULE 933On-Site Meter Service [Setting]

Currentfee

Proposedfee

[First Meter By appointment] ....................................................................................................................................... [$27.50][Unscheduled request] .......................................................................................................................................... [$31.00]

Meter Service (per employee) ..................................................................................................................................... $27.50/$31.00 $31.00[Additional meters] ....................................................................................................................................................... $4.00 NAMeters reset and/or examined (per meter) ................................................................................................................. NA $4.00Checking meter in or out of service (per meter) ......................................................................................................... $8.50 $4.00

FEE SCHEDULE 934

[Reserved]



FEE SCHEDULE 935Bulk Parcel Return Service

Currentfee

Proposedfee

Per Returned Piece ......................................................................................................................................................... $1.75 $1.65Annual License and Accounting Fees:

Permit fee ................................................................................................................................................................. $100.00 $125.00Accounting fee for advance deposit account ........................................................................................................... N/A $375.00

Fee Schedule 936Shipper Paid Forwarding

Currentfee

Proposedfee

Annual accounting fee for advance deposit account ...................................................................................................... N/A $375.00

FEE SCHEDULE 941Certified Mail

[Description]

Currentfee

(in additionto postage)

Proposedfee


Per piece [Service (per mailpiece)] ................................................................................................................................. $1.40 $2.10



Declared value of Article 1 Current fee (in addition to postage) Proposed fee (in addition topostage)

25,000.01 to 1 million .......... $20.50—plus 55 cents for each $1,000 (or fractionthereof) over $25,000.

$27.00—plus 75 cents for each $1,000 (or fractionthereof) over $25,000.

Over $1 million to 15 million $556.75—plus 55 cents for each $1,000 (or fractionthereof) over $1 million.

$758.25—plus 75 cents for each $1,000 (or fractionthereof) over $1 million.

Over 15 million ..................... $8,256.75—plus amount determined by the PostalService based on weight, space and value.

$11,258.25—plus amount determined by Postal Servicebased on weight, space and value.

1 Articles with a declared value of more than $25,000 can be registered, but compensation for loss or damage is limited to $25,000.

FEE SCHEDULE 943

INSURANCE

Express Mail Insurance

Document reconstruction Current fee(in addition to postage)

Proposed fee(in addition to postage)

Coverage: .$0.01 to $500 ..................................... No charge ............................................................. No charge.

Merchandise:$0.01 to $500 ..................................... (in addition to postage) no charge ....................... (in addition to postage) no charge.



FEE SCHEDULE 943—Continued

INSURANCE

Express Mail Insurance

Document reconstruction Current fee(in addition to postage)

Proposed fee(in addition to postage)

500.1 to 5000 ..................................... $0.95 for each $100 (or fraction thereof) over$500 in value.

$1.00 for each $100 (or fraction thereof) over$500 in value.

General Insurance

Current fee1 (in addition to postage) Proposed fee1 (in addition to postage)

Coverage:$0.01 to $50 .................................. $0.85 ....................................................................... $1.35.50.01 to 100 .................................. $1.80. ...................................................................... $2.10.100.01 to 5000 .............................. $1.80 plus 0.95 for each $100 (or fraction thereof)

over $100 in coverage.$2.10 plus $1.00 for each $100 (or fraction there-

of) over $100 in coverage.

1 For bulk insurance coverage between $0.01 to $50.00, deduct [$0.40] 0.75 per piece.1 For bulk insurance coverage between $50.01 to $5,000.00, deduct [$0.40] $1.00 per piece.

FEE SCHEDULE 944Collect on Delivery

Amount to be collected, or insurance coverage desired

Fee(in addition to postage)

Current Proposed

$0.01 to $50 ..................................................................................................................................................................... $4.00 $4.5050.01 to 100 ..................................................................................................................................................................... $5.00 $5.50100.01 to 200 ................................................................................................................................................................... $6.00 $6.50200.01 to 300 ................................................................................................................................................................... $7.00 $7.50300.01 to 400 ................................................................................................................................................................... $8.00 $8.50400.01 to 500 ................................................................................................................................................................... $9.00 $9.50500.01 to 600 ................................................................................................................................................................... $10.00 $10.50600.01 to 700 ................................................................................................................................................................... N/A $11.50700.01 to 800 ................................................................................................................................................................... N/A $12.50800.01 to 900 ................................................................................................................................................................... N/A $13.50900.01 to 1000 ................................................................................................................................................................. N/A $14.50Notice of nondelivery of COD .......................................................................................................................................... $3.00 $3.00Alteration of COD charges or designation of new addressee ........................................................................................ $3.00 $3.00Registered COD .............................................................................................................................................................. $4.00 $4.00

FEE SCHEDULE 945Return Receipts

Currentfee


Proposedfee


Receipt [Issued] requested at [T]time of [M]mailing 1

Items other than [M]merchandise ............................................................................................................................. $1.25 $1.50Merchandise (without another special service ......................................................................................................... $1.40 $2.35Receipt [Issued] requested after [M]mailing 2 .......................................................................................................... $7.00 $3.50

1 This receipt shows the signature of the person to whom the mailpiece was delivered, the date of delivery and the delivery address, if suchaddress is different from the address on the mailpiece.

2 This receipt shows to whom the mailpiece was delivered and the date of delivery.

FEE SCHEDULE 946Restricted Delivery

Currentfee


Proposedfee


Per Piece ......................................................................................................................................................................... $2.75 $3.20



FEE SCHEDULE 947Certificate of Mailing

Currentfee


Proposedfee


Individual Pieces:Original certificate of mailing for listed pieces of all classes of ordinary mail (per piece) ...................................... $0.60 $0.75Three or more pieces individually listed in a firm mailing book or an approved customer provided manifest (per

piece) .................................................................................................................................................................... $0.25 $0.25Each additional copy of original certificate of mailing or original mailing receipt for registered, insured, certified,

and COD mail (each copy) ................................................................................................................................... $0.60 $0.75Bulk Pieces:

Identical pieces of First-Class and [Regular, Enhanced Carrier Route, Nonprofit, and Nonprofit Enhance CarrierRoute] Standard Mail paid with ordinary stamps, precanceled stamps, or meter stamps are subject to the fol-lowing fees:

Up to 1,000 pieces (one certificate for total number) ....................................................................................... $3.00 $3.50Each additional 1,000 pieces or fraction ........................................................................................................... $0.40 $0.40Duplicate copy ................................................................................................................................................... $0.60 $0.75

FEE SCHEDULE 948Delivery Confirmation

Currentfee


Proposedfee


Used in Conjunction with Priority Mail:Electronic .................................................................................................................................................................. $0.00 $0.00Manual ...................................................................................................................................................................... $0.35 $0.40

Used in Conjunction with Parcel Post, Bound Printed Matter, Library Mail, and [Special Standard] Media Mail:Electronic .................................................................................................................................................................. $0.25 $0.25Manual ...................................................................................................................................................................... $0.60 $0.65

Used in Conjunction with Regular and Nonprofit Standard Mail Electronic ................................................................... N/A $0.25

[add new Fee Schedule 949]

Fee Schedule 949Signature Confirmation

Proposedfee


Used in Conjunction with Priority Mail:Electronic .......................................................................................................................................................................................... $1.25Manual .............................................................................................................................................................................................. $1.75

Used in Conjunction with Parcel Post, Bound Printed Matter, Library Mail, and Media Mail:Electronic .......................................................................................................................................................................................... $1.25Manual .............................................................................................................................................................................................. $1.75

FEE SCHEDULE 951Parcel Air Lift

Currentfee

(in additionto parcel

post post-age)

Proposedfee

(in additionto parcel

post post-age)

Up to 2 pounds ................................................................................................................................................................ $0.40 $0.40Over 2 up to 3 pounds .................................................................................................................................................... $0.75 $0.75Over 3 up to 4 pounds .................................................................................................................................................... $1.15 $1.15Over 4 pounds ................................................................................................................................................................. $1.55 $1.55



FEE SCHEDULE 952Special Handling

Currentfee


Proposedfee


Not more than 10 pounds ................................................................................................................................................ $5.40 $5.40More than 10 pounds ...................................................................................................................................................... $7.50 $7.50

FEE SCHEDULE 961Stamped Envelopes

Currentfee

(in addition topostage)

Proposedfee

(in addition topostage)

[Replace Fee Schedule 961 with the following:]Single Sale—Basic .................................................................................................................................................. $0.07 $0.08Single Sale—Special ............................................................................................................................................... $0.08 $0.09Household (50): 63⁄4 through 10 size:

Basic ................................................................................................................................................................. $3.00/$3.25 $3.50Special .............................................................................................................................................................. $3.50 $4.50

BULK (500) 63⁄4 size:Plain Basic ........................................................................................................................................................ $9.50/$8.50 $12.00Printed Basic .................................................................................................................................................... $14.00 $17.00

BULK (500) size > 63⁄4 through 10 sizePlain Basic ........................................................................................................................................................ $12.00/$11.50 $14.00Printed Basic .................................................................................................................................................... $15.00 $20.00Plain Special ..................................................................................................................................................... $15.50 $19.00Printed Special ................................................................................................................................................. $19.00 $25.00

Note: ‘‘Special’’ includes all envelopes with patched in indicia.

FEE SCHEDULE 962Stamped Cards

Currentfee


Proposedfee


Stamped Card .................................................................................................................................................................. $0.01 $0.02Doubled Stamped Card ................................................................................................................................................... $0.02 $0.04

FEE SCHEDULE 971Money Orders

Currentfee

Proposedfee

Domestic—$0.01 to $700 ................................................................................................................................................ $0.80 $0.90APO–FPO—$0.01 to $700 .............................................................................................................................................. $0.30 $0.35Inquiry Fee, which includes the issuance of copy of a paid money order ..................................................................... $2.75 $3.00

SCHEDULE 981Mailing Online

Feature Fee

Paper (per sheet):81⁄2 × 11 .............................................................................................................................................................................. 1.25(P1).81⁄2 × 14 .............................................................................................................................................................................. 1.25(P2).11 × 17 ................................................................................................................................................................................ 1.25(P3).

Printing (per impression):Simplex (81⁄2 × 11) .............................................................................................................................................................. 1.25(P4 + 0.1¢).Simplex (81⁄2 × 14) .............................................................................................................................................................. 1.25(P5 + 0.1¢).Duplex (81⁄2 × 11) ............................................................................................................................................................... 1.25(P6 + 0.1¢).Duplex (81⁄2 × 14) ............................................................................................................................................................... 1.25(P7 + 0.1¢).

Spot Color (per impression) ....................................................................................................................................................... 1.25(P8).



SCHEDULE 981—ContinuedMailing Online

Feature Fee

Finishing:Folding (per fold) ................................................................................................................................................................ 1.25(P9).Stapling (per staple) ........................................................................................................................................................... 1.25(P10).Saddle Stitch (per finished piece) ...................................................................................................................................... 1.25(P11).Tape Binding (81⁄2 × 11) (per finished piece) ..................................................................................................................... 1.25(P12).Tape Binding (81⁄2 × 14) (per finished piece) ..................................................................................................................... 1.25(P13).Applying Tabs to Self Mailer .............................................................................................................................................. 1.25(P14).

Envelopes:#10 envelope ...................................................................................................................................................................... 1.25(P15).Flat envelope ...................................................................................................................................................................... 1.25(P16).

Inserting (per envelope):#10 envelope ...................................................................................................................................................................... 1.25(P17).Flat envelope ...................................................................................................................................................................... 1.25(P18).

Note: PX represents contractual costs, for feature x, that the Postal Service will pay based on the Mailing Online printer contract betweenVestcom International, Inc. and the United States Postal Service. The market test fees expire in accordance with the provisions in section981.51.

SCHEDULE 1000

Currentfee

Proposedfee

First-Class Presorted Mailing .......................................................................................................................................... $100.00 $125.00Periodicals:

A. Original Entry ....................................................................................................................................................... $305.00 $350.00B. Additional Entry .................................................................................................................................................... $50.00 $50.00C. Re-entry ............................................................................................................................................................... $50.00 $40.00D. Registration for News Agents .............................................................................................................................. $50.00 $40.00

Regular, Enhanced Carrier Route, Nonprofit and Nonprofit Enhanced Carrier Route Standard Mail Bulk Mailing ...... $100.00 $125.00Parcel Select[Post: Destination BMC, SCF, and DDU] .................................................................................................. $100.00 $125.00Bound Printed Matter: Destination BMC, SCF, and DDU ............................................................................................... N/A $125.00[Special and Library Standard Mail Presorted Mailing] ................................................................................................... [$100.00]Media Mail Presorted Mailing .......................................................................................................................................... $100.00 $125.00Library Mail Presorted Mailing ......................................................................................................................................... $100.00 $125.00Authorization to Use Permit Imprint ................................................................................................................................ $100.00 $125.00[Prepaid Reply Mail Permit] [(see Fee Schedule 931)]Business Reply Mail Permit (see Fee Schedule 931)Merchandise Return Permit (see Fee Schedule 932)[Authorization to Use] Bulk Parcel Return Service Permit (see Fee Schedule 935)



Friday,

August 25, 2000

Part IV

Department ofHealth and HumanServicesNational Institutes of Health

National Institutes of Health Guidelinesfor Research Using Human PluripotentStem Cells and Notification of Requestfor Emergency Clearance; Modification ofOMB No. 0925–0001/Exp. 2/01, ‘‘PHS 398Research and Research Training GrantApplications and Related Forms’’; Notices





National Institutes of Health Guidelinesfor Research Using Human PluripotentStem Cells

SUMMARY: The National Institutes ofHealth (NIH) is hereby publishing final‘‘National Institutes of HealthGuidelines for Research Using HumanPluripotent Stem Cells.’’ The Guidelinesestablish procedures to help ensure thatNIH-funded research in this area isconducted in an ethical and legalmanner.EFFECTIVE DATE: These Guidelines areeffective on August 25, 2000. Themoratorium on research using humanpluripotent stem cells derived fromhuman embryos and fetal tissue put inplace by the Director, NIH, in January1999, will be lifted on August 25, 2000.SUMMARY OF PUBLIC COMMENTS ON DRAFTGUIDELINES: On December 2, 1999 (64 FR67576), the NIH published DraftGuidelines for research involvinghuman pluripotent stem cells (hPSCs) inthe Federal Register for publiccomment. The comment period endedon February 22, 2000.

The NIH received approximately50,000 comments from members ofCongress, patient advocacy groups,scientific societies, religiousorganizations, and private citizens. ThisNotice presents the final Guidelinestogether with NIH’s response to thesubstantive public comments thataddressed provisions of the Guidelines.

Scope of Guidelines and General IssuesRespondents asked for clarification of

terminology used in the Guidelines andsome commented that the language wasnot appropriate or was too technical,particularly the informed consentsections. The NIH agrees that theseGuidelines should be clear andunderstandable. Changes, includingsome reorganization of the sections,were made to this end. The Guidelinesare written primarily for the purpose ofinforming investigators of theconditions that must be met in order toreceive NIH funding for research usinghPSCs and, therefore, some technicallanguage is required. The Guidelines donot define the precise language thatshould appear in informed consentdocuments because these should bedeveloped by the investigator/clinicianspecifically for a particular studyprotocol or procedure for which theconsent is being sought. Existingregulatory provisions require (45 CFR46.116) that the language in informed

consent documents be understandableto prospective participants in the study.

Respondents suggested that NIHfunding for research using hPSCs wouldbe in violation of the DHHSappropriations law and that derivationof hPSCs cannot be distinguished fromtheir use. For this reason, a number ofrespondents asked that the NIHwithdraw the draft Guidelines. The NIHsought the opinion of the DHHS GeneralCounsel, who determined that‘‘federally funded research that utilizeshPSCs would not be prohibited by theHHS appropriations law prohibitinghuman embryo research, because suchcells are not human embryos.’’Comments questioning this conclusiondid not present information orarguments that justify reconsideration ofthe conclusion.

Respondents commented that theGuidelines are too restrictive or thatthere is no need for Federal Guidelinesfor this arena of research. Commentsasserted that federally funded researchusing hPSCs should go forward withoutformal requirements, in the samemanner as in the private sector. In orderto help ensure that the NIH-fundedresearch using hPSCs is conducted in anethical and legal manner, the NIH felt itwas advisable to develop andimplement guidelines. To this end, theNIH Director convened a WorkingGroup of the Advisory Committee to theDirector, NIH (ACD), to advise the ACDon the development of guidelines andan oversight process for researchinvolving hPSCs. The NIH Directorcharged the Working Group withdeveloping appropriate guidelines togovern research involving the derivationand use of hPSCs from fetal tissue andresearch involving the use of hPSCsderived from human embryos that are inexcess of clinical need.

Respondents commented regardingthe sources of stem cells. Somerespondents stated that research onhPSCs was unnecessary because stemcells from adults, umbilical cords, andplacentas could be used instead. Otherrespondents asked the NIH to restrictFederal funding for hPSC research tothose cells derived from fetal and adulttissue but not embryos. Otherrespondents asked that the Guidelinesencompass research using stem cellsfrom adult tissues.

As stated under Section I. Scope ofGuidelines, the Guidelines apply to theuse of NIH funds for research usinghPSCs derived from human embryos orhuman fetal tissue. The Guidelines donot impose requirements on Federalfunding of research involving stem cells

from human adults, umbilical cords, orplacentas.

Given the enormous potential of stemcells to the development of newtherapies for the most devastatingdiseases, it is important tosimultaneously pursue all lines ofpromising research. It is possible that nosingle source of stem cells is best oreven suitable/usable for all therapies.Different types or sources of stem cellsmay be optimal for treatment of specificconditions. In order to determine thevery best source of many of thespecialized cells and tissues of the bodyfor new treatments and even cures, it isvitally important to study the potentialof adult stem cells for comparison tothat of hPSCs derived from embryos andfetuses. Unless all stem cell types arestudied, the differences between adultstem cells and embryo and fetal-derivedhPSCs will not be known.

Moreover, there is evidence that adultstem cells may have more limitedpotential than hPSCs. First, stem cellsfor all cell and tissue types have not yetbeen found in the adult human.Significantly, cardiac stem cells orpancreatic islet stem cells have not beenidentified in adult humans.

Second, stem cells in adults are oftenpresent in only minute quantities, aredifficult to isolate and purify, and theirnumbers may decrease with age. Forexample, brain cells from adults thatmay be neural stem cells have beenobtained only by removing a portion ofthe brain of an adult with epilepsy, acomplex and invasive procedure thatcarries the added risk of furtherneurological damage. Any attempt touse stem cells from a patient’s own bodyfor treatment would require that stemcells would first have to be isolatedfrom the patient and then grown inculture in sufficient numbers to obtainadequate quantities for treatment. Thiswould mean that for some rapidlyprogressing disorders, there may not besufficient time to grow enough cells touse for treatment.

Third, in disorders that are caused bya genetic defect, the genetic error likelywould be present in the patient’s stemcells, making cells from such a patientinappropriate for transplantation. Inaddition, adult stem cells may containmore DNA abnormalities caused byexposure to daily living, includingsunlight, toxins, and errors made duringDNA replication than will be found infetal or embryonic hPSCs.

Fourth, there is evidence that stemcells from adults may not have the samecapacity to multiply as do younger cells.These potential weaknesses may limitthe usefulness of adult stem cells.



Respondents were concerned thatthese are guidelines and notrequirements or regulations. Althoughthese are guidelines and not regulations,they prescribe the documentation andassurances that must accompanyrequests for NIH funding for researchutilizing hPSCs. If the funding requestsdo not contain the prescribedinformation, funding for hPSC researchwill not be provided. Compliance withthe Guidelines will be imposed as acondition of grant award.

Respondents commented that therehad not been enough widespread publicdisclosure/discussion of this research orthe Guidelines. Prior to the developmentof draft Guidelines, there were twoCongressional hearings on hPSCs. In afurther effort to ensure substantialdiscussion and comment, the NIHconvened a Working Group of theAdvisory Committee to the Director,NIH (ACD), to advise the ACD on thedevelopment of these Guidelines. TheWorking Group was composed ofscientists, patients and patientadvocates, ethicists, clinicians, andlawyers. The Working Group met inpublic session on April 8, 1999, andheard from members of the public, aswell as professional associations andCongress. In developing the draftGuidelines, the NIH also consideredadvice from the National BioethicsAdvisory Commission (NBAC). DraftGuidelines were published for publiccomment in the Federal Register onDecember 2, 1999, for 60 days, and, inresponse to public interest, thecomment period was extended anadditional 28 days. Approximately50,000 comments were received. NIHissued a national press releaseannouncing the Federal Register noticeand many of the Nation’s newspaperscarried articles on this area of researchand on the Guidelines. Patient groups,scientific societies, and religiousorganizations convened meetings anddiscussion groups and disseminatedmaterials about this area of research andabout the Guidelines.

Comment was received about whetherthe Guidelines apply to hPSC linesdeveloped outside of the United States.The Guidelines make no distinctionbased upon the country in which anhPSC line is developed. All lines to beused in hPSC cell research funded byNIH must meet the same requirements.

Derivation and Use of hPSCs FromFetal Tissue

Respondents made the point that theNIH has specified certain requirementsfor the use of human fetal tissue toderive hPSCs in addition to those

imposed on other areas of human fetaltissue research. These respondentssuggested that the section of theGuidelines pertaining to fetal tissuesources be omitted. In order to ensureuniformity in NIH’s oversight ofresearch using hPSCs, the Guidelineswere extended to govern hPSCs derivedfrom both human embryos and fetaltissue.

Use of hPSCs Derived From HumanEmbryos

Respondents suggested that theGuidelines refer to ‘‘fertility treatment’’rather than to ‘‘infertility treatment’’ inorder to clarify that they allow the useof human embryos from treatments thatemploy assisted reproductivetechnologies to facilitate reproductionin fertile, as well as in infertile,individuals. The Guidelines have beenchanged accordingly.

Respondents suggested dropping theword ‘‘early’’ throughout the documentor more clearly defining ‘‘early.’’ Theword ‘‘early’’ in reference to humanembryos has been deleted; theGuidelines make it clear that NIHfunding of research using hPSCs derivedin the private sector from humanembryos can involve only embryos thathave not reached the stage at which themesoderm is formed.

Some respondents were concernedthat embryos might be created forresearch purposes. Other respondentsstated there should be no distinctionbetween embryos created for researchpurposes and those created for fertilitytreatment. Investigators seeking NIHfunds for research using hPSCs arerequired to provide documentation,prior to the award of any NIH funds,that embryos were created for thepurposes of fertility treatment. PresidentClinton, many members of Congress, theNIH Human Embryo Research Panel,and the NBAC have all embraced thedistinction between embryos created forresearch purposes and those created forreproductive purposes.

Respondents were concerned aboutthe creation of a ‘‘black market’’ forhuman embryos, and expressedconcerns that individuals will becoerced into donating embryos. TheGuidelines state that there can be noincentives for donation and that adecision to donate must be made free ofcoercion. In addition, the Guidelines setforth conditions that will help ensure alldonations are voluntary. For example,with regard to hPSCs derived fromembryos, research using Federal fundsmay only be conducted if the cells werederived from frozen embryos that werecreated for the purpose of fertility

treatment and that were in excess ofclinical need.

Respondents commented on therequirement that human embryos befrozen in order to qualify for derivationof hPSCs to be used in NIH-fundedresearch. Respondents suggested thatthe freezing requirement wouldpreclude the use of hPSCs derived fromembryos that are genetically andchromosomally abnormal, since suchembryos are usually not frozen forreproductive purposes. While the NIHacknowledges that research on hPSCsderived from such embryos could yieldimportant scientific information,limiting research to hPSCs derived fromfrozen human embryos will help ensurethat the decision to donate the embryofor hPSC research is distinct andseparate from the fertility treatment.

Financial IssuesRespondents expressed concern

regarding the sale of fetal tissue forprofit and whether hPSC research wouldencourage such activity. Respondentsalso were concerned about whetherclinics or doctors would profit from thederivation of hPSCs and/or their sale.Section 498B of the Public HealthService Act prohibits any individualfrom knowingly acquiring or sellinghuman fetal tissue for ‘‘valuableconsideration.’’ In addition, theGuidelines prohibit any inducement forthe donation of human embryos forresearch purposes. The Guidelines alsocall for an assurance that the hPSCs tobe used in NIH-funded research wereobtained through a donation or througha payment that does not exceed thereasonable costs associated with thetransportation, processing, preservation,quality control and storage of the hPSCs.All grantees must sign an assurance thatthey are in compliance with allapplicable Federal, State, and locallaws. Each funded research institutionis responsible for monitoringcompliance by individual investigatorswith any such applicable laws.

Respondents questioned theprohibition against embryo donorsbenefitting financially from theirdonation. This clause was retained inthe final Guidelines to help ensure thatthe donating individuals are offered noinducements to donate and that alldonations are voluntary.

Respondents suggested that theGuidelines be strengthened to include awaiver of intellectual property rights.This proposed change would beinconsistent with 45 CFR 46.116 of theregulation for the protection of humansubjects of research, which providesthat no informed consent may include



language through which the subjectwaives or appears to waive any of thesubject’s legal rights.

Respondents questioned the referencein the requirements for informedconsent related to the commercialpotential of donated material. Theparagraphs providing for disclosure inthe informed consent of the possibilitythat the donated material could havecommercial potential were modified.The reference in these paragraphs to‘‘donated material’’ did not accuratelyreflect the intent of the provision. TheGuidelines now make clear that the‘‘results of research on the humanpluripotent stem cells may havecommercial potential.’’

Ineligible Research

Respondents objected to the areas ofresearch that the NIH has deemedineligible, particularly research that isnot restricted by statute or regulation,such as research utilizing hPSCs thatwere derived using somatic cell nucleartransfer, i.e., the transfer of a humansomatic cell nucleus into a human egg.The NIH determined that, at this time,research using hPSCs derived from suchsources has not received adequatediscussion and consideration by thepublic and is, therefore, ineligible forNIH funding.

Separation of Fertility Treatment andAbortion From Research

Respondents were concerned thathPSC research would encourageabortion. The law and the Guidelinesguard against encouraging abortion byrequiring that the decision to have anabortion be made apart from and priorto the decision to donate tissue.

Respondents objected to the conditionin the Guidelines that the fertilityphysician could not be the same personas the researcher deriving stem cells.Some respondents stated that theInstitutional Review Board (IRB) or anindependent physician would be able toguard against this conflict of interest.The restriction was designed so that theperson treating the individuals seekingfertility treatment, who is involved indecisions such as how many embryos toproduce, is not the person seeking toderive hPSCs. This separation will helpensure that embryos will not be createdin numbers greater than necessary forfertility treatment.

Respondents suggested that theclauses regarding donation of fetaltissue or human embryos for derivationof stem cells for eventual use intransplantation be changed explicitly toprevent directed donation. This changehas been made.

IdentifiersRespondents were concerned about

removing identifiers. There was concernthat the investigator would not be ableto document compliance with theGuidelines requirements withoutidentifiers, or that the removal ofidentifiers would make it impossible toconduct certain genetic studies ordevelop therapeutic materials. TheGuidelines have been modified toclarify that the term ‘‘identifier’’ refersto any information from which thedonor(s) can be identified, directly orthrough identifiers linked to the donors.However, since information identifyingthe donor(s) may be necessary if thetissue or cells are to be used intransplantation, the Guidelines havealso been modified to state that theinformed consent should notify donor(s)whether or not identifiers will beretained.

Respondents commented that DNA isan identifier and that all donors ofhuman embryos or fetal tissue should betold that identifiers such as DNA will beretained with the samples. AlthoughDNA can be used to determine theindividual from whom a tissue samplewas taken, this can be done only whenone has a sample from both the tissuein question and the putative donor; itcannot be used to identify an individualout of a population. Moreover, it isdifficult to identify a donor using tissuederived from a fetus or embryo, sincethe tissue is not genetically identical tothe donor.

Informed Consent and IRB ReviewRespondents asked why investigators

were expected to providedocumentation of IRB review ofderivation from human embryos, but notfor derivation from fetal tissue.Respondents suggested that therequirements be changed so thatprotocols for both sources of hPSCsmust be approved by an IRB. TheGuidelines have been changed to makeclear that the IRB review requirementsregarding the derivation of cells fromfetal tissue and human embryos are thesame.

Comment was received expressingconcern that the informed consentexplicitly state that the donor will haveno dispositional authority over derivedpluripotent stem cells. The Guidelinesstate that donation of human embryosshould have been made without anyrestriction regarding the individual(s)who may be the recipient of the cellsderived from the hPSCs fortransplantation. Such a statement isconsistent with the statutory provisionapplicable to the donor informed

consent for the use of fetal tissue fortransplantation. The Guidelines nowprovide for the inclusion of a statementto this effect in the informed consent.

Respondents urged that theGuidelines be revised to remove theprohibition on potential donorsreceiving information regardingsubsequent testing of donated tissue inthe situation when physicians deemdisclosure to be in the donors’ bestinterest. This change has been made.

Respondents requested clarificationregarding the persons from whomconsent for donation of embryos forresearch must be obtained. TheGuidelines call for informed consentfrom individual(s) who have soughtfertility treatment. Only theindividual(s) who were part of thedecision to create the embryo forreproductive purposes should have beenpart of the decision to donate for thederivation of hPSCs.

Respondents urged that fertilityclinics should be able to discuss withpatients the option of donating embryosfor research at the beginning of the IVFprocess. The Guidelines do notdelineate the timeframe during whichthe general option of donating embryosfor research can be discussed. However,according to the Guidelines, obtainingconsent for donation of embryos for thepurpose of deriving hPSCs should notoccur until after the embryos aredetermined to be in ‘‘excess of clinicalneed.’’

Oversight

Respondents stated that the NIH’soversight in this area of research wasvery important to the legal and ethicalconduct of this research, and asked formore information regarding theoversight process. Information about theoperations of the Human PluripotentStem Cell Review Group (HPSCRG) canbe found in the final Guidelines and onthe NIH Web page.

Respondents were concerned aboutwhether and how NIH would monitorresearch after a researcher receives NIHfunds. Compliance with the Guidelineswill be largely determined prior to theaward of funds. Follow-up to ensurecontinued compliance with theGuidelines will be conducted in thesame manner as for all other conditionsof all other NIH grant awards. It is theresponsibility of the investigator to fileprogress reports, and it is theresponsibility of the funded institutionto ensure compliance with the NIHGuidelines. NIH staff will also monitorthe progress of these investigators aspart of their regular duties.



Respondents asked about penaltiesfor not following the Guidelines. Thefollowing actions may be taken by theNIH when there is a failure to complywith the terms and conditions of anyaward: (1) Under 45 CFR 74.14, the NIHcan impose special conditions on anaward, including increased oversight/monitoring/reporting requirements foran institution, project or investigator;and (2) under 45 CFR 74.62, if a granteematerially fails to comply with theterms and conditions of the award, theNIH may withhold funds pendingcorrection of the problem or, pendingmore severe enforcement action,disallow all or part of the costs of theactivity that was not in compliance,withhold further awards for the project,or suspend or terminate all or part of thefunding for the project. Individuals andinstitutions may be debarred fromeligibility for all Federal financialassistance and contracts under 45 CFRPart 76 and 48 CFR Subpart 9.4,respectively. Because these sanctionspertain to all conditions of grant award,the NIH did not reiterate them in theGuidelines.

Respondents suggested that theHPSCRG hold periodic Stem Cell PolicyConferences (similar to the GeneTherapy Policy Conferences conductedby the Recombinant DNA AdvisoryCommittee (‘‘RAC’’)) in order to solicitand consider public comment frominterested parties on the scientific,medical, legal, and ethical issues arisingfrom stem cell research. Members of theHPSCRG will serve as a resource forrecommending to the NIH any need forHuman Pluripotent Stem Cell PolicyConferences.

Other Changes

Because compliance materials may bemade public prior to funding decisions,we have added a sentence requiring theprincipal investigator’s written consentto the disclosure of such materialnecessary to carry out public review andother oversight procedures.

The draft Guidelines requiredHPSCRG review of proposals frominvestigators planning to derive hPSCsfrom fetal tissue. Because the Guidelinesaddress proposals for NIH funding forthe use of hPSCs, this requirement hasbeen removed from the Guidelines.

The text of the final Guidelinesfollows.

National Institutes of Health Guidelinesfor Research Using Human PluripotentStem Cells

I. Scope of Guidelines

These Guidelines apply to theexpenditure of National Institutes of

Health (NIH) funds for research usinghuman pluripotent stem cells derivedfrom human embryos (technicallyknown as human embryonic stem cells)or human fetal tissue (technicallyknown as human embryonic germ cells).For purposes of these Guidelines,‘‘human pluripotent stem cells’’ arecells that are self-replicating, arederived from human embryos or humanfetal tissue, and are known to developinto cells and tissues of the threeprimary germ layers. Although humanpluripotent stem cells may be derivedfrom embryos or fetal tissue, such stemcells are not themselves embryos. NIHresearch funded under these Guidelineswill involve human pluripotent stemcells derived: (1) From human fetaltissue; or (2) from human embryos thatare the result of in vitro fertilization, arein excess of clinical need, and have notreached the stage at which themesoderm is formed.

In accordance with 42 Code of FederalRegulations (CFR) 52.4, theseGuidelines prescribe the documentationand assurances that must accompanyrequests for NIH funding for researchusing human pluripotent stem cellsfrom: (1) Awardees who want to useexisting funds; (2) awardees requestingan administrative or competingsupplement; and (3) applicants orintramural researchers submittingapplications or proposals. NIH fundsmay be used to derive humanpluripotent stem cells from fetal tissue.NIH funds may not be used to derivehuman pluripotent stem cells fromhuman embryos. These Guidelines alsodesignate certain areas of humanpluripotent stem cell research asineligible for NIH funding.

II. Guidelines for Research UsingHuman Pluripotent Stem Cells That IsEligible for NIH Funding

A. Utilization of Human PluripotentStem Cells Derived From HumanEmbryos

1. Submission to NIHIntramural or extramural investigators

who are intending to use existing funds,are requesting an administrativesupplement, or are applying for newNIH funding for research using humanpluripotent stem cells derived fromhuman embryos must submit to NIH thefollowing:

a. An assurance signed by theresponsible institutional official that thepluripotent stem cells were derivedfrom human embryos in accordancewith the conditions set forth in sectionII.A.2 of these Guidelines and that theinstitution will maintain documentationin support of the assurance;

b. A sample informed consentdocument (with patient identifierinformation removed) and a descriptionof the informed consent process thatmeet the criteria for informed consentset forth in section II.A.2.e of theseGuidelines;

c. An abstract of the scientificprotocol used to derive humanpluripotent stem cells from an embryo;

d. Documentation of InstitutionalReview Board (IRB) approval of thederivation protocol;

e. An assurance that the stem cells tobe used in the research were or will beobtained through a donation or througha payment that does not exceed thereasonable costs associated with thetransportation, processing, preservation,quality control and storage of the stemcells;

f. The title of the research proposal orspecific subproject that proposes the useof human pluripotent stem cells;

g. An assurance that the proposedresearch using human pluripotent stemcells is not a class of research that isineligible for NIH funding as set forth insection III of these Guidelines; and

h. The Principal Investigator’s writtenconsent to the disclosure of all materialsubmitted under Paragraph A.1 of thissection, as necessary to carry out thepublic review and other oversightprocedures set forth in section IV ofthese Guidelines.

2. Conditions for the Utilization ofHuman Pluripotent Stem Cells DerivedFrom Human Embryos

Studies utilizing pluripotent stemcells derived from human embryos maybe conducted using NIH funds only ifthe cells were derived (without Federalfunds) from human embryos that werecreated for the purposes of fertilitytreatment and were in excess of theclinical need of the individuals seekingsuch treatment.

a. To ensure that the donation ofhuman embryos in excess of the clinicalneed is voluntary, no inducements,monetary or otherwise, should havebeen offered for the donation of humanembryos for research purposes. Fertilityclinics and/or their affiliatedlaboratories should have implementedspecific written policies and practices toensure that no such inducements aremade available.

b. There should have been a clearseparation between the decision tocreate embryos for fertility treatmentand the decision to donate humanembryos in excess of clinical need forresearch purposes to derive pluripotentstem cells. Decisions related to thecreation of embryos for fertilitytreatment should have been made free



from the influence of researchers orinvestigators proposing to derive orutilize human pluripotent stem cells inresearch. To this end, the attendingphysician responsible for the fertilitytreatment and the researcher orinvestigator deriving and/or proposingto utilize human pluripotent stem cellsshould not have been one and the sameperson.

c. To ensure that human embryosdonated for research were in excess ofthe clinical need of the individualsseeking fertility treatment and to allowpotential donors time between thecreation of the embryos for fertilitytreatment and the decision to donate forresearch purposes, only frozen humanembryos should have been used toderive human pluripotent stem cells. Inaddition, individuals undergoingfertility treatment should have beenapproached about consent for donationof human embryos to derive pluripotentstem cells only at the time of decidingthe disposition of embryos in excess ofthe clinical need.

d. Donation of human embryos shouldhave been made without any restrictionor direction regarding the individual(s)who may be the recipients oftransplantation of the cells derived fromthe human pluripotent stem cells.

e. Informed ConsentInformed consent should have been

obtained from individuals who havesought fertility treatment and who electto donate human embryos in excess ofclinical need for human pluripotentstem cell research purposes. Theinformed consent process should haveincluded discussion of the followinginformation with potential donors,pertinent to making the decisionwhether or not to donate their embryosfor research purposes.

Informed consent should haveincluded:

(i) A statement that the embryos willbe used to derive human pluripotentstem cells for research that may includehuman transplantation research;

(ii) A statement that the donation ismade without any restriction ordirection regarding the individual(s)who may be the recipient(s) oftransplantation of the cells derived fromthe embryo;

(iii) A statement as to whether or notinformation that could identify thedonors of the embryos, directly orthrough identifiers linked to the donors,will be removed prior to the derivationor the use of human pluripotent stemcells;

(iv) A statement that derived cellsand/or cell lines may be kept for manyyears;

(v) Disclosure of the possibility thatthe results of research on the humanpluripotent stem cells may havecommercial potential, and a statementthat the donor will not receive financialor any other benefits from any suchfuture commercial development;

(vi) A statement that the research isnot intended to provide direct medicalbenefit to the donor; and

(vii) A statement that embryosdonated will not be transferred to awoman’s uterus and will not survive thehuman pluripotent stem cell derivationprocess.

f. Derivation protocols should havebeen approved by an IRB established inaccord with 45 CFR 46.107 and 46.108or FDA regulations at 21 CFR 56.107and 56.108.

B. Utilization of Human PluripotentStem Cells Derived From Human FetalTissue

1. Submission to NIH

Intramural or extramural investigatorswho are intending to use existing funds,are requesting an administrativesupplement, or are applying for newNIH funding for research using humanpluripotent stem cells derived from fetaltissue must submit to NIH the following:

a. An assurance signed by theresponsible institutional official that thepluripotent stem cells were derivedfrom human fetal tissue in accordancewith the conditions set forth in sectionII.A.2 of these Guidelines and that theinstitution will maintain documentationin support of the assurance;

b. A sample informed consentdocument (with patient identifierinformation removed) and a descriptionof the informed consent process thatmeet the criteria for informed consentset forth in section II.B.2.b of theseGuidelines;

c. An abstract of the scientificprotocol used to derive humanpluripotent stem cells from fetal tissue;

d. Documentation of IRB approval ofthe derivation protocol;

e. An assurance that the stem cells tobe used in the research were or will beobtained through a donation or througha payment that does not exceed thereasonable costs associated with thetransportation, processing, preservation,quality control and storage of the stemcells;

f. The title of the research proposal orspecific subproject that proposes the useof human pluripotent stem cells;

g. An assurance that the proposedresearch using human pluripotent stemcells is not a class of research that isineligible for NIH funding as set forth insection III of these Guidelines; and

h. The Principal Investigator’s writtenconsent to the disclosure of all materialsubmitted under Paragraph B.1 of thissection, as necessary to carry out thepublic review and other oversightprocedures set forth in section IV ofthese Guidelines.

2. Conditions for the Utilization ofHuman Pluripotent Stem Cells DerivedFrom Fetal Tissue.

a. Unlike pluripotent stem cellsderived from human embryos, DHHSfunds may be used to support researchto derive pluripotent stem cells fromfetal tissue, as well as for researchutilizing such cells. Such research isgoverned by Federal statutoryrestrictions regarding fetal tissueresearch at 42 U.S.C. 289g–2(a) and theFederal regulations at 45 CFR 46.210. Inaddition, because cells derived fromfetal tissue at the early stages ofinvestigation may, at a later date, beused in human fetal tissuetransplantation research, it is the policyof NIH to require that all NIH-fundedresearch involving the derivation orutilization of pluripotent stem cellsfrom human fetal tissue also complywith the fetal tissue transplantationresearch statute at 42 U.S.C. 289g–1.

b. Informed ConsentAs a policy matter, NIH-funded

research deriving or utilizing humanpluripotent stem cells from fetal tissueshould comply with the informedconsent law applicable to fetal tissuetransplantation research (42 U.S.C.289g–1) and the following conditions.The informed consent process shouldhave included discussion of thefollowing information with potentialdonors, pertinent to making the decisionwhether to donate fetal tissue forresearch purposes.

Informed consent should haveincluded:

(i) A statement that fetal tissue will beused to derive human pluripotent stemcells for research that may includehuman transplantation research;

(ii) A statement that the donation ismade without any restriction ordirection regarding the individual(s)who may be the recipient(s) oftransplantation of the cells derived fromthe fetal tissue;

(iii) A statement as to whether or notinformation that could identify thedonors of the fetal tissue, directly orthrough identifiers linked to the donors,will be removed prior to the derivationor the use of human pluripotent stemcells;

(iv) A statement that derived cellsand/or cell lines may be kept for manyyears;



(v) Disclosure of the possibility thatthe results of research on the humanpluripotent stem cells may havecommercial potential, and a statementthat the donor will not receive financialor any other benefits from any suchfuture commercial development; and

(vi) A statement that the research isnot intended to provide direct medicalbenefit to the donor.

c. Derivation protocols should havebeen approved by an IRB established inaccord with 45 CFR 46.107 and 46.108or FDA regulations at 21 CFR 56.107and 56.108.

III. Areas of Research Involving HumanPluripotent Stem Cells That AreIneligible for NIH Funding

Areas of research ineligible for NIHfunding include:

A. The derivation of pluripotent stemcells from human embryos;

B. Research in which humanpluripotent stem cells are utilized tocreate or contribute to a human embryo;

C. Research utilizing pluripotent stemcells that were derived from humanembryos created for research purposes,rather than for fertility treatment;

D. Research in which humanpluripotent stem cells are derived usingsomatic cell nuclear transfer, i.e., thetransfer of a human somatic cell nucleusinto a human or animal egg;

E. Research utilizing humanpluripotent stem cells that were derivedusing somatic cell nuclear transfer, i.e.,the transfer of a human somatic cellnucleus into a human or animal egg;

F. Research in which humanpluripotent stem cells are combinedwith an animal embryo; and

G. Research in which humanpluripotent stem cells are used incombination with somatic cell nucleartransfer for the purposes of reproductivecloning of a human.

IV. Oversight

A. The NIH Human Pluripotent StemCell Review Group (HPSCRG) willreview documentation of compliancewith the Guidelines for funding requeststhat propose the use of humanpluripotent stem cells. This workinggroup will hold public meetings whena funding request proposes the use of aline of human pluripotent stem cellsthat has not been previously reviewedand approved by the HPSCRG.

B. In the case of new or competingcontinuation (renewal) or competingsupplement applications, allapplications shall be reviewed byHPSCRG and for scientific merit by aScientific Review Group. In the case ofrequests to use existing funds orapplications for an administrative

supplement or in the case of intramuralproposals, Institute or Center staffshould forward material to the HPSCRGfor review and determination ofcompliance with the Guidelines prior toallowing the research to proceed.

C. The NIH will compile a yearlyreport that will include the number ofapplications and proposals reviewedand the titles of all awardedapplications, supplements oradministrative approvals for the use ofexisting funds, and intramural projects.

D. Members of the HPSCRG will alsoserve as a resource for recommendationsto the NIH with regard to any revisionsto the NIH Guidelines for ResearchUsing Human Pluripotent Stem Cellsand any need for human pluripotentstem cell policy conferences.

Dated: August 17, 2000.Ruth L. Kirschstein,Principal Deputy Director, NIH.[FR Doc. 00–21760 Filed 8–23–00; 8:45 am]BILLING CODE 4140–01–P



Notification of Request for EmergencyClearance; Modification of OMB No.0925–0001/Exp. 2/01, ‘‘PHS 398Research and Research Training GrantApplications and Related Forms’’

SUMMARY: In accordance with section3507(j) of the Paperwork Reduction Actof 1995, the National Institutes of Health(NIH) hereby publishes notification of arequest for Emergency Clearance formodification of the informationcollection related to the NationalInstitutes of Health Guidelines forResearch Using Human PluripotentStem Cells, published elsewhere intoday’s Federal Register. The currentlyapproved information collection OMBNo. 0925–0001 permits the NIH torequest from applicant institutionsinformation related to application,award, and continued compliance withthe terms of Federal assistance forresearch and research-related training.The approval also covers theinformation collection authorized inaccordance with 42 CFR 52, specificallythe obtaining of ‘‘[o]ther pertinentinformation the Secretary may require toevaluate the proposed project.’’ (42 CFR52.4(f))

The final National Institutes of HealthGuidelines for Research UsingPluripotent Stem Cells requiressubmission of additional documentationin the form of additional institutionalrecords from a limited number of

institutions to enable an independentpanel of non-Government experts toascertain institutional compliance withthe Guidelines. Compliance with therequirements of existing law andregulations is authorized under OMBNo. 0925–0418, Exp. 1/01, ‘‘Protectionof Human Subjects: AssuranceIdentification/Certification/Declaration.’’

The present modification relates tothe added reporting requirement ofsubmission of documentation to permitthe agency to exercise the oversightresponsibility established under theGuidelines.

This modification is essential to themission of NIH (42 USC 241 and 282(b))and is of the highest scientific priorityas determined by both internal reviewand external review by a panel ofscientific and other experts in the fieldof stem cell research. After extensiveconsultation with the public and apublic meeting, the NIH publishedproposed National Institutes of HealthGuidelines for Research Using HumanPluripotent Stem Cells in the FederalRegister on December 2 , 1999 (FederalRegister, Vol. 64, No. 231, pages 67576–67579). The comment period wasextended to February 22, 2000. (FederalRegister, February 3, 2000, Vol. 65, No.23, page 539). Following the period ofcomment, NIH has proceeded to finalizethe Guidelines, which are publishedelsewhere in this issue of the FederalRegister.

These Guidelines are essential toensure that NIH-funded research in thisarea is conducted in an ethical and legalmanner. The NIH has determined thatthe oversight process stipulated in theGuidelines will achieve this objective.The Guidelines will require thatinstitutions requesting or using NIHfunds for research using humanpluripotent stem cells submit additionaldocumentation to the NIH in the formof institutional records that will permitNIH oversight in accordance with theGuidelines.

NIH has taken all practicable steps toconsult with the scientific communityand the public, through the processdescribed above and through the carefulconsideration of all comments receivedfrom the public.

In view of the extensive period ofcomment and the thoroughconsideration of all views, both prior tothe publication of the proposedGuidelines in December 1999 andsubsequently, NIH is herewithrequesting that OMB approve themodification of the collection ofinformation simultaneously with thepublication of the Federal Register



notice and the publication of theGuidelines in the Federal Register.

Proposed CollectionTitle: Research and Research Training

Grant Applications and Related FormsPHS–398 and PHS–2590.

Type of Information CollectionRequest: Revision.

Need and Use of InformationCollection: The additional NEWreporting requirement is needed toascertain compliance with the NationalInstitutes of Health Guidelines forResearch Using Human PluripotentStem Cells. PHS–398 and PHS–2590 areused to apply for research project grants,Research Career Awards (RCA), andInstitutional National Research ServiceAwards (NRSA).

Frequency of Response: On occasionand annually.

Affected Public: Individuals orhouseholds; business or other for-profit;not-for-profit institutions; FederalGovernment; and State, local or tribalgovernment.

Type of Respondents: Researchinstitutions.The annual reporting burden was:


Estimated Number of Responses perRespondent: 1.05.

Average Burden Hours Per Response:16.34.

Estimated Total Annual BurdenHours Requested: 1,913,166.

The NEW annual reporting burden is asfollows:


Estimated Number of Responses per

Respondent: 1.05.Average Burden Hours Per Response:

16.33.Estimated Total Annual Burden

Hours Requested: 1,913,466.There are no Capital Costs to report.

There are no Operating or MaintenanceCosts to report.FOR FURTHER INFORMATION CONTACT: TheOffice of Management and Budget,Office of Information and RegulatoryAffairs, New Executive Office Building,Room 10235, Washington, D.C. 20503,Attention: Desk Officer for NIH.

Dated: August 17, 2000.Ruth L. Kirschstein,Principal Deputy Director, National Institutesof Health.[FR Doc. 00–21761 Filed 8–23–00; 8:45 am]BILLING CODE 4140–01–P


Friday,

August 25, 2000

Part V

Department of LaborOffice of the Secretary

State Guidance for Developing Methods ofAdministration Required by RegulationsImplementing Section 188 of theWorkforce Investment Act of 1998; Notice



DEPARTMENT OF LABOR

Office of the Secretary

State Guidance for DevelopingMethods of Administration (MOA)Required by Regulations ImplementingSection 188 of the WorkforceInvestment Act of 1998 (WIA)

AGENCY: Office of the Secretary.ACTION: Notice.

SUMMARY: The purpose of this notice isto provide interested parties with thefinal approved Guidance for use byStates in submitting their Methods ofAdministration as required by 29 CFRpart 37. That part implements thenondiscrimination and equalopportunity provisions of the WorkforceInvestment Act of 1998.FOR FURTHER INFORMATION CONTACT: Ms.Annabelle T. Lockhart, Director, CivilRights Center, U.S. Department of Labor,200 Constitution Ave., N.W., Room N–4123 FPB, Washington, DC 20210,telephone number (202) 219–8927(voice)(this is not a toll-free number), or(800) 326–2577 (TTY/TDD).SUPPLEMENTARY INFORMATION: TheWorkforce Investment Act of 1998(WIA), Public Law 105–220 (August 7,1998), provides the framework for areformed national workforcepreparation and employment systemdesigned to meet the needs of thenation’s employers, its job seekers, andthose who want to further their careers.While WIA makes many programmaticchanges in the workforce developmentsystem authorized under the JobTraining Partnership Act of 1982(JTPA), one constant has been theprohibition against discrimination. Thenondiscrimination and equalopportunity provisions of JTPA (section167) prohibit discrimination againstapplicants, beneficiaries and employeeson the bases of race, color, nationalorigin, age, disability, sex, religion, andpolitical affiliation or belief. Further,section 167 prohibits discriminationagainst beneficiaries on the bases ofcitizenship and participation in JTPA.The nondiscrimination and equalopportunity provisions of WIA (section188) prohibit discrimination againstapplicants, beneficiaries and employeeson the same bases.

Methods of Administration (MOA),designed to assure the Secretary ofLabor that State programs financiallyassisted by the Department operate in anondiscriminatory manner, have beenrequired of States since 1984. Thisrequirement was codified when, onJanuary 15, 1993, the Department ofLabor issued 29 CFR part 34, the

regulations that implement section 167of JTPA. (See 29 CFR 34.33.)

Section 188(e) of WIA requires theSecretary to issue regulationsimplementing section 188. An interimfinal rule implementing that section waspublished on November 12, 1999, at 29CFR part 37. As with part 34, part 37includes the requirement that Statesdevelop, implement and maintain, foreach of their State programs, an MOA.(See 29 CFR 37.54 and 37.55.) The MOAstandards contained in part 37 aresubstantially the same as thosecontained in part 34. States that havefaithfully implemented and maintainedtheir MOAs under JTPA will find thatthe time and effort needed to updatetheir MOA to meet WIA requirementswill be minimal.

Signed at Washington, D. C., this 21st dayof August, 2000.Alexis M. Herman,Secretary of Labor.

ATTACHMENT: State Guidance forDeveloping Methods of Administration(MOA) Required by RegulationsImplementing Section 188 of theWorkforce Investment Act of 1998(WIA)

OMB Control No. 1225–0077Expires January 31, 2003

The regulations that implement thenondiscrimination and equalopportunity provisions of the WorkforceInvestment Act of 1998 (WIA),published at 29 CFR part 37, requirethat each Governor establish and adhereto a Methods of Administration (MOA)for his/her State programs. Thisdocument provides Guidance forGovernors and States in meeting theregulatory requirements regardingMOAs.

An MOA is a document that describesthe actions an individual State will taketo ensure that its WIA Title I-financiallyassisted programs, activities, andrecipients are complying, and willcontinue to comply, with thenondiscrimination and equalopportunity requirements of WIA andits implementing regulations. Stateswere first required to prepare andsubmit MOAs in 1984, under the JobTraining Partnership Act (JTPA). Therequirement was continued in 1993,under the regulations implementing thenondiscrimination and equalopportunity provisions of JTPA. TheJTPA MOA requirements were set forthin 29 CFR 34.33. The form and contentof the MOAs required under 29 CFRpart 37 remain substantially the same asthose of the MOAs required under JTPA.

Title 29 CFR 37.54(a) provides thateach Governor must establish and

maintain an MOA for State programs. 29CFR 37.54(d) describes the requiredelements of an MOA. Finally, 29 CFR37.55 addresses requirements related tosubmitting and updating the MOA.

By submitting an MOA, the Governoragrees to fully follow its provisions.Failure to do so may result in a findingof noncompliance. See 29 CFR 37.65(a).

This Guidance specifically discussesthe requirements of 29 CFR 37.54(b) and37.55, and is intended to explain, not toadd to, the requirements contained inthose regulatory provisions. TheGuidance is based upon materials theCivil Rights Center (CRC) prepared in1993 to train Equal Opportunity (EO)Officers regarding the requirements ofMOAs under JTPA. This Guidance doesnot create new legal requirements orchange current legal requirements.Instead, it reflects the view of CRC andis intended to serve as a basic resourcedocument on CRC-administered laws.The legal requirements related tonondiscrimination and equalopportunity that apply to recipients offinancial assistance under WIA arecontained in the statutes and regulationscited in this Guidance. Every effort hasbeen made to ensure that theinformation contained in the Guidanceis accurate and up to date.

I. Guidance on Meeting theRequirements of 29 CFR 37.54(b)Section 37.54(b) Requires That EachMOA Shall be:b In writing, addressing each

requirement of 29 CFR 37.54(d) withnarrative and documentation;

b Reviewed and updated as requiredby 29 CFR 37.55; and

b Signed by the Governor.The MOA should be organized in the

nine elements listed below, with both anarrative and a documention section foreach element.

Section A. Narrative

The first section of each elementshould be a narrative description of howthe State and its recipients, as that termis defined in 29 CFR 37.4, are meetingand will continue to meet therequirements of part 37. The narrativeshould be specific. CRC regards thenarrative as the more important section,since it contains the description of whatthe State and its recipients are doingand will continue to do to fulfill theirobligations under WIA section 188 and29 CFR part 37.

Section B. Documentation

The second section of each elementshould include documentation thatshows how the State is carrying out thatelement of the MOA. When reviewing



the adequacy of and/or performanceunder an MOA, CRC may requestadditional supporting documentationpursuant to 29 CFR 37.65.

Element 1. Designation of State-andlocal-level Equal Opportunity (EO)Officers (29 CFR 37.54(d)(1)(ii))

In this element, the State shouldaddress how it and its recipients arecomplying and will continue to complywith the requirements of 29 CFR 37.23through 37.28. The intent of this sectionis to ensure that any individual therecipient appoints as EO Officer has theeducation, training and experience, andis provided the necessary ongoingtraining and qualified staff, to performhis or her duties assigned under 29 CFRpart 37. Additionally, the EO Officershould not be in a position that wouldconstitute, or appear to constitute, aconflict of interest. Further, the Stateshould ensure that he or she reports, onEO matters, directly to the appropriateofficial in the organization (see 29 CFR37.25(e). In summary, any individualappointed as EO Officer should have theskill, ability, knowledge and authorityto properly oversee and direct the EOprogram to which that individual hasbeen assigned.

(a) The narrative section of thiselement should identify, at a minimum:b Each individual designated as a

State-level Equal OpportunityOfficer and each individualdesignated as a local-level EqualOpportunity Officer, by name,position title, business address(including e-mail address ifapplicable) and telephone number(including TDD/TTY number). (See29 CFR 37.23.)

b The level within the organization(described in such terms as theindividual’s authority and positionrelative to the top of the hierarchy)occupied by the EO Officer(s). (See29 CFR 37.24.)

b The duties of the EO Officer(s), andthe manner in which those dutiesare carried out. (At a minimum,duties assigned to the EO Officermust include those listed in 29 CFR37.25.) Describe both the EO duties,responsibilities and activitiesassociated with the implementationof 29 CFR part 37, and all otherduties, responsibilities andactivities.

Note: The EO Officer may not be assignedduties, responsibilities or activities thatwould constitute a conflict of interest or theappearance of such a conflict; see 29 CFR37.24.)

b The manner in which the recipientmakes the identity of the EO

Officer(s) known to applicants,registrants, eligible applicants/registrants, participants, employees,and applicants for employment, aswell as interested members of thepublic. (See 29 CFR 37.26.)

b The level of staff and other resourcesavailable to State- and local-levelEO Officer(s) to ensure that WIATitle I–financially assistedprograms and activities operate in anondiscriminatory way. (See 29CFR 37.26(c).)

b The State’s plan for ensuring thatState- and local-level EO Officersand their staffs are sufficientlytrained to maintain competency.(See 29 CFR 37.26(d).)

b The identity, by name, title andorganization, of the individual towhom each State- and local-levelEO Officer reports on equalopportunity matters.

b A description of the professional andsupport staffing levels andresources provided to each State-and local-level EO Officer to assisthim or her in ensuring compliancewith WIA section 188 and part 37.

b The type and level of training eachState- and local-level EO Officer hasreceived and will receive to ensurethat he or she is capable of fulfillinghis or her responsibilities as an EOOfficer.

b The means by which the State makespublic the names, position titlesand telephone numbers (includingTDD/TTY numbers) of each State-and local-level EO Officer.

b A description of any duties, otherthan WIA equal opportunityresponsibilities, assigned to eachState- and local-level EO Officer.

(b) Documentation for this element tobe submitted as part of the MOA shouldinclude, but need not be limited to:b Examples of each document (e.g.,

notices, directives, memoranda,letters to community groups, flyers,and relevant pages of handbooksand manuals) that communicates,either internally or externally, theEO Officer’s name and otherrequired information to registrants,applicants, eligible applicants/registrants, participants, applicantsfor employment, employees, andinterested members of the public.

b Examples of each communication(e.g., directives) that instructs theState’s recipients as to the actionsthey are to take to comply with 29CFR 37.23 through 28 with regardto EO Officers.

b A copy of the State EO Officer’sposition description, showing thoseduties specifically related to WIA

equal opportunity activities, andother duties.

b A representative sample of local-level EO Officer positiondescriptions. NOTE: If a single,standard position description hasbeen adopted for all local-level EOOfficers, then a single copy of thatdescription is sufficient.

b Copies of organization chart(s)showing the organizational locationof each EO Officer.

b The identity of any staff who performduties that support WIA EOactivities (e.g., clerical, dataanalysis), a position description foreach such staff member, andaverage hours per week spent onEO-related activities by each suchstaff member (if positions are notdevoted to WIA equal opportunityactivities on a full-time basis).

b EO budget and source of funds.b Summary of EO-related training that

staff (EO staff and others) havereceived and a schedule of EOtraining to be delivered in thefuture. This may be trainingdelivered by the State- or local-levelEO Officer to recipient staff, ortraining delivered to EO Officers orrecipient staff by outside sources,such as CRC.

Element 2. Notice and Communication(29 CFR 37.54(d)(1)(iii))

In this element, the State shouldaddress how it and its recipients arecomplying and will continue to complywith the requirements of 29 CFR 37.29through 37.36. States should ensure theestablishment of a notice andcommunication system that makes allregistrants, applicants, eligibleapplicants/registrants, applicants foremployment, employees and interestedmembers of the public aware of both therecipient’s obligation to operate itsprograms and activities in anondiscriminatory manner, and theextent of the rights of members of thesegroups to file complaints ofdiscrimination.

(a) The narrative section of thiselement should describe, at a minimum:b The methods and frequency of

dissemination of the notice,including initial dissemination.(See 29 CFR 37.29.)

b The means by which the notice ismade available to individuals withdisabilities. (See 29 CFR 37.31(b).)

b The means by which the Stateensures that recipients post thenotice. (See 29 CFR 37.33.)

b The means by which a copy of thenotice is placed in the participant’sfile (see 29 CFR 37.31(a)), or where



the files are maintainedelectronically, how the requirementof 37.31(a) is and will continue tobe met.

b The means by which the Stateensures that recruitment brochuresand other materials routinely madeavailable to the public include thestatements ‘‘equal opportunityemployer/program’’ and ‘‘auxiliaryaids and services are available uponrequest to individuals withdisabilities.’’ (See 29 CFR 37.34(a).)

b Where a telephone number isincluded on recruitment brochuresand other materials, the means bywhich the State ensures that thematerials indicate a TDD/TTYnumber or provide for an equallyeffective means of communicationwith individuals with hearingimpairments. (See 29 CFR 37.34(a).)

b The means by which program-relatedinformation is published orbroadcast in the news media (e.g.,publication of Requests forProposal) and the means by whichthe State ensures that publications/broadcasts state that the program isan equal opportunity employer/program and that auxiliary aids andservices are available upon requestto individuals with disabilities. (See29 CFR 37.34(b).)

b The manner in which and extent towhich information in languagesother than English is provided, andthe manner in which the Stateensures that persons of limitedEnglish-speaking ability have accessto its programs and activities on abasis equal to that of those who areproficient in English. (See 29 CFR37.35.)

b The manner in which and extent towhich orientations for registrants,applicants, eligible applicants/registrants, employees, applicantsfor employment, and members ofthe public include a discussion ofthe rights of such persons underWIA section 188 and 29 CFR part37. (See 29 CFR 37.36.)

b The steps taken to ensure thatcommunications with individualswith disabilities are as effective ascommunications with others. (See29 CFR 37.29(b).)

b The process the State has used andwill continue using to develop andcommunicate policy and conducttraining regardingnondiscrimination and equalopportunity. (See 29 CFR 37.25(c),and 37.54(d)(2)(iii), and37.54(d)(2)(vi).)

(b) Documentation for this element tobe submitted as part of the MOA shouldinclude, but need not be limited to:

b A copy of each communication thatinstructs the State’s recipients onhow they are to comply with therequirements of 37.29 through 37.36regarding notice andcommunication.

b A copy of the posted notice requiredby 29 CFR 37.29 and 37.30.

b A copy of any checklist of thecontents of participant andemployee files, indicating that thenotice requirement has been met.(See 29 CFR 37.31(a)(4).)

b A copy of any orientation agendasthat include, as an agenda item, adiscussion of equal opportunity andnondiscrimination under WIAsection 188 and 29 CFR part 37.(See 29 CFR 37.36.)

b A copy of each item of material,distributed at orientation sessions,that addresses the rights ofindividuals under WIA section 188and 27 CFR part 37. (See 29 CFR37.36.)

b Copies of agendas (and a list of dates)of past and proposed EO policybriefings and EO training. (See 29CFR 37.25(f), 37.26(d) and 29 CFR37.54(d)(2)(vi).)

b A copy of each policy issuance orinstruction that relates to WIAsection 188 or 29 CFR part 37. (See29 CFR 37.25(c), 37.54(d)(iii), 29CFR 54(d)(vi) and 37.54(d)(viii).)

b A copy of each recruitment brochureand other item of materialdistributed to the public by a WIATitle I-financially assisted recipient,showing that each includes:

b The statements ‘‘equal opportunityemployer/program’’ and ‘‘auxiliaryaids and services are available uponrequest to individuals withdisabilities’’; and

b The telephone numbers for TDD/TTYaccess and/or telephone relayservices. (See 29 CFR 37.34(a).)

Element 3. Review assurances, jobtraining plans, contracts, and policiesand procedures (29 CFR 37.54(d)(1)(i)and (d)(2)(i), (iii) and (iv))

In this element, the State shouldaddress how it and its recipients arecomplying and will continue to complywith the requirements of 29 CFR 37.20and 37.54(d)(1)(i) and (d)(2)(i), (iii) and(iv) regarding the review of assurances,job training plans, contracts, andpolicies and procedures. Additionally,this element should address theprocedures the State and its recipientsare following and will continue tofollow in assessing the ability of grantapplicants, if funded, or trainingproviders, if declared eligible, to complywith WIA section 188 and 29 CFR part37.

(a) The narrative section of thiselement should describe, at a minimum,how the State ensures that:b Each grant applicant, and each

training provider seeking eligibility,includes in its application forfinancial assistance under Title I ofWIA the required EO assurance.(See 29 CFR 37.20(a)(1).)

b The required assurance isincorporated into each grant,cooperative agreement, contract, orother arrangement whereby Federalfinancial assistance under Title I ofWIA is made available. (See 29 CFR37.20(a)(2).) NOTE: 29 CFR37.20(a)(2) provides that theassurance may be incorporated byreference into these documents.

b Each grant applicant, and eachtraining provider seeking eligibility,is able to provide programmatic andarchitectural accessibility forindividuals with disabilities. (Seesubpart C of 29 CFR part 32.)

b Job training plans, contracts,assurances, and other similaragreements entered into byrecipients are bothnondiscriminatory and contain therequired language regardingnondiscrimination and equalopportunity. (See 29 CFR37.54(b)(2)(iv).)

b State- and local-level policyissuances, or issuances from otherrecipients, are not discriminatoryeither in intent or effect. (See 29CFR 37.54(d)(2)(iii).)

b Policies on WIA Title Inondiscrimination and/or equalopportunity issues are developedand implemented in a timelymanner.

(b) Documentation for this element tobe submitted as part of the MOA shouldinclude, but need not be limited to:b A copy of each directive that

instructs individuals at the Stateand/or local level who areresponsible for reviewingassurances, job training plans,contracts, and policies andprocedures as to the requirementsof, and their duties under, 29 CFR37.20, 37.54(d)(1)(i), and (d)(2)(i),(iii) and (iv).

b Copies of assurance pages of plans,contracts, and other agreements.

b Copies of memos or directives tocontract managers advising them toinclude the required assurance inthe appropriate documents.

b Copies of checklists or otherguidelines used by contractspecialists, attorneys, or others whoreview contracts and agreementsthat indicate that nondiscrimination



and equal opportunity areconsidered in the evaluation ofsuch documents.

b A copy of procedures developed toreview the ability of grantapplicants, and training providersseeking eligibility, to comply withthe nondiscrimination and equalopportunity provisions of WIA and29 CFR part 37.

b A copy of each WIA EO issuance(e.g., the general EO policystatement, the policy statement onsexual harassment and the policystatement on religiousaccommodation).

Element 4. Universal Access (29 CFR37.54(d)(1)(vi)

In this element, the State shouldaddress how it and its recipients arecomplying and will continue to complywith the requirements of 29 CFR 37.42relating to the provision of universalaccess to programs and activities.

(a) The narrative section of thiselement should describe, at a minimum,how:b The State has communicated the

obligation of recipients (including,e.g., LWIAs, one-stop operators andservice providers) to make efforts(including outreach) to broaden thecomposition of the pool of thoseconsidered for participation oremployment in their programs andactivities in an effort to includemembers of both sexes, of thevarious racial and ethnic groupsand of various age groups, as wellas individuals with disabilities.

b Recipients have made and willcontinue to make efforts to broadenthe composition of those consideredfor participation or employment intheir programs and activities, asdescribed above.

b The State monitors and evaluates thesuccess of recipient efforts tobroaden the composition of thoseconsidered for participation andemployment in their programs andactivities, as described above.

(b) Documentation for this element tobe submitted as part of the MOA shouldinclude, but need not be limited to:b Copies of targeting, outreach and

recruitment plans.b Criteria for determining priority of

service.b Copies of plans for One-Stop delivery

systems to expand the pool of thoseconsidered for participation oremployment in their programs andby race/ethnicity, sex, disabilitystatus, and age.

b Samples of brochures, posters,public-service announcements,

computer screens displaying relatedinformation, and other publicitymaterials.

Element 5. Compliance with section 504of the Rehabilitation Act of 1973, asamended and 29 CFR part 37 (29 CFR37.54(d)(2)(v))

In this element, the State shouldaddress how it and its recipients arecomplying and will continue to complywith the requirements of the disabilityrelated requirements of WIA section188; Section 504 of the RehabilitationAct of 1973, as amended; and theirimplementing regulations, including butnot limited to 29 CFR 37.7, 37.8, and37.9 and Subparts B and C of 29 CFRPart 32.

(a) The narrative section of thiselement should describe, at a minimumhow the State ensures that recipients:b Meet their obligation not to

discriminate on the basis ofdisability. (See 29 CFR 32.12 (a),32.26, and 37.7.)

b Provide reasonable accommodationfor individuals with disabilities(See 29 CFR 32.13 and 29 CFR37.8);

b Provide reasonable modification ofpolicies, practices and procedures,as required (See 29 CFR 37.8);

b Provide architectural accessibility forindividuals with disabilities (See 29CFR 32.28); and

b Provide programmatic accessibilityfor persons with disabilities (See 29CFR 32.27).

b Provide for and adhere to a scheduleto evaluate job qualifications toensure that the qualifications do notdiscriminate on the basis ofdisability. (See 29 CFR 32.14.)

b Limit preemployment/employmentmedical inquiries to thosepermitted by and in accordancewith WIA section 188, Section 504,the Americans with Disabilities Actof 1990, and their implementingregulations. (See 29 CFR 32.15.)

b Ensure the confidentiality of medicalinformation provided by registrants,applicants, eligible applicants/registrants, participants, employees,and applicants for employment.(See 29 CFR 32.15.)

b Administer their WIA Title I-financially assisted programs andactivities so that each individualwith a disability participates in themost integrated setting appropriateto that individual. (See 29 CFR37.7(d).)

b Are able to communicate withpersons with disabilities aseffectively as with others. (See 29CFR 37.9.)

(b) Documentation for this element tobe submitted as part of the MOA shouldinclude, but need not be limited to:b Copies of policies/procedures issued

by the State or any of its WIA TitleI recipients, such as:

b The procedures by which personswith disabilities are assured ofparticipation in programs andactivities in as integrated setting aspossible;

b The procedures by which theavailability of reasonableaccommodation and reasonablemodification are made known topersons with disabilities, and theprocedures for making andresolving such requests;

b The procedures by which the Stateensures that communication withpersons with disabilities is aseffective as communication withothers; and

b The procedures by which the Stateensures that the programs andactivities operated by its WIA TitleI recipients are architecturally andprogrammatically accessible toindividuals with disabilities.

b Any evaluation conducted todetermine the programmatic orarchitectural accessibility of a WIATitle I-financially assisted programor activity and the status of anycorrective actions taken by therecipient involved.

b Copies of publications and agendasfor any training conducted forrecipient staff that is intended toraise awareness of disability issues.

Element 6. Data and InformationCollection and Maintenance (29 CFR37.54(d)(1)(iv) and (vi))

In this element, the State shouldaddress how it and its recipients arecomplying and will continue to complywith the requirements of 29 CFR 37.37through 37.41 related to data andinformation collection andmaintenance. The State must ensurethat a data and information collectionand maintenance system for its WIATitle I-financially assisted Stateprograms is established and maintained.(See 29 CFR 37.53.)

The most important purposes of theequal opportunity data and informationcollection and maintenance systemrequired by 29 CFR part 37 are to assistCRC and those assigned by the State(e.g., State- and/or local-level EOOfficers) in:b Monitoring recipient equal

opportunity performance;b Identifying instances or areas of

discrimination; andb Identifying individuals or groups of

individuals who have been



discriminated against on a basisprohibited by WIA section 188 and29 CFR part 37.

A vital element of any systemdesigned to fulfill these purposes is away to permit the reviewer to correlateaggregate data to individual records. Forexample, 29 CFR part 37 requires thatrecipient’s collect four pieces ofdemographic information about eachregistrant, applicant, eligible applicant,participant, employee, and applicant foremployment: Race/ethnicity, sex, age,and disability status. This informationmust be kept separate from therecipient’s individual records aboutsuch persons. However, the system fordata and information collection andmaintenance must be designed in sucha way to allow cross referencing of datato individual records.

It is CRC’s policy that existingsystems for data and informationcollection and maintenance that meetall the requirements of 29 CFR 37.37through 37.41 are acceptable. Thesesystems may be designed by therecipient or some other entity. However,to the extent that a system does not meetall the requirements of these regulatorysections, that system must be modifiedso that it does meet those requirements.

(a) The narrative section of thiselement should describe, at a minimum,how the State ensures that:b Recipients:b Collect and maintain records on

applicants, registrants, eligibleapplicants/registrants, participants,terminees, employees, andapplicants for employment;

b Record the race/ethnicity, sex, ageand, disability status of eachapplicant, registrant, eligibleapplicant/registrant, participant,terminee, employee, and applicantfor employment (See 29 CFR37.37(b)(2).);

b Treat records, particularly thosecontaining medical information, ina manner that ensures theirconfidentiality (See 29 CFR 32.15;29 CFR 37.37(b)(2); and 29 CFR37.41.);

b Maintain a log of complaints filedthat allege discrimination on one ormore of the bases prohibited byWIA section 188 (See 29 CFR37.37(c).); and

b Maintain such records for a period ofthree years. (See 29 CFR 37.39.)

b Grant applicants and recipientsnotify the CRC Director ofadministrative enforcement actionsand lawsuits brought against themthat allege discrimination on one ormore of the bases prohibited byWIA section 188. (See 29 CFR37.37(a).)

(b) Documentation for this element tobe submitted as part of the MOA shouldinclude, but need not be limited to,copies of:b Instructions to recipients within the

State regarding informationcollection, access to records, andmaintenance of records. (See 29CFR 37.37.)

b Samples of each policy issuance thatdiscusses ensuring theconfidentiality of demographicinformation regarding individuals.

b Samples of reports regarding theabove demographic information.

b Samples of formats and instructions,in hard copy and electronic fileforms, for complaint logs used bythe State and its recipients to trackcomplaints that allege a violation ofWIA section 188 or 29 CFR part 37.

Element 7. Monitor Recipients forCompliance (29 CFR 37.54(d)(2)(ii))

In this element, the State shouldaddress how it and its recipients arecomplying and will continue to complywith the requirements of 29 CFR37.54(d)(1)(iii). The State is required toestablish procedures to monitorperiodically all aspects of the recipient’scompliance with WIA section 188 and29 CFR part 37.

Each EO monitoring review mustinclude a review of each recipient’s:b Compliance with its administrative

obligations under WIA section 188and 29 CFR part 37 (e.g.,assurances, notice andcommunication, EO Officers);

b Compliance with responsibilities ithas been assigned through theMOA;

b Programs and activities, to determinewhether discrimination isoccurring. This activity is the mostimportant part of the monitoringreview.

Monitoring recipients to ensure theirprograms and activities are operating ina nondiscriminatory manner mustinvolve, at a minimum:

(1) Analysis of the data and recordscollected by the recipient pursuant to 29CFR 37.37 through 41, to determinewhether any differences based uponrace/ethnicity or sex have practical orstatistical significance; and

(2) Where significant differences arefound, follow-up investigations todetermine, through records review,interviews, and other appropriateinvestigative techniques, whether thedifferences are due to discrimination.

The analyses mentioned in section (1)above may include those that mayreveal practical significance, such as the‘‘80% rule’’ (see 41 CFR 60–3, the DOL

regulation regarding the UniformEmployee Selection Guidelines), andthose that reveal statistical significance,such as the two-standard deviation test.

(a) The narrative section of thiselement must describe, at a minimum,the system for evaluating the extent towhich recipients are:b Complying with the administrative

obligations of 29 CFR part 37,including, but not limited to:

b Assurances. (See 29 CFR 37.20through 37.22.)

b Equal Opportunity Officers. (See 29CFR 37.23 through 37.28.)

b Notice and communication. (See 29CFR 37.29 through 37.36.)

b Data and information collection andmaintenance. (See 29 CFR 37.37through 37.41.)

b Universal access. (See 29 CFR 37.42.)b Complaint processing procedures.

(See 29 CFR 37.70 through 37.80.)b Performing the responsibilities

assigned such recipients by theState through the MOA, such as:

b Conducting equal opportunitymonitoring/evaluation reviews ofapplicants for and recipients ofWIA Title I financial assistance(including monitoring assurancesand programmatic and architecturalaccessibility).

b Imposing sanctions and correctiveactions for violations noted by arecipient during its monitoringreviews.

b Ensuring policy development,communication, and training arecarried out.

b Ensuring that their programs andactivities are operating in anondiscriminatory manner andensuring equal opportunity,including but not limited to:

b Conducting analyses, by race/ethnicity and sex, of program andemployment activity, including butnot limited to rates of application,placement, and termination, todetermine if significant differencesexist, and

b Conducting follow-up monitoring todetermine the cause of any suchdifferences, through the analysis ofthe records of individualregistrants, applicants, eligibleapplicants/registrants, employeesand applicants for employment;interviews; and other appropriatetechniques.

Additionally, the narrative shoulddescribe:b The procedure for reviewing

recipients’ policies and procedures,to ensure that the policies andprocedures do not violate theprohibitions contained in 29 CFR37.5 through 37.10.



b The written reports prepared for eachreview. These reports must provide,among other things, that the resultsof the monitoring review will bemade available to the recipient(s)reviewed.

b The involvement of the State- andlocal-level EO Officer(s) inconducting reviews. Where EOmonitoring is carried out byindividuals other than the State- orlocal-level EO Officer, the narrativeshould provide the names, titles,and organizations of those persons.

b The procedure for determiningwhich recipients are to be reviewed,the frequency of reviews ofrecipients, and the number ofrecipients to be reviewed per year.

(b) Documentation for this element tobe submitted as part of the MOA shouldinclude, but need not be limited to,copies of:b Schedules of reviews and criteria for

targeting recipients for review.b Monitoring instrument(s) used by

State- and/or local-level staff tomonitor recipient EO activities.

b Policy issuances and proceduralguidance regarding monitoringreviews and recipient evaluations.

b A representative sample of reports ofmonitoring reviews, includingfindings resulting from reviews andthe status of follow-up actions.

Element 8. Complaint ProcessingProcedures (29 CFR 37.54(d)(1)(v))

In this element, the State shouldaddress how it and its recipients arecomplying and will continue to complywith the requirements of 29 CFR 37.76through 37.79 regarding complaintprocessing procedures.

(a) The narrative section of thiselement should describe, at a minimum,how the State ensures that:b Recipients that are required to do so

(see 29 CFR 37.77) have developedand published complaintprocedures. (See 29 CFR 37.76.) Ata minimum, such procedures must:

b Provide for the issuance of a writtenNotice of Final Action within 90days of the date on which thecomplaint is filed. (See 29 CFR37.76(a).)

b Contain the elements listed in 29CFR 37.76(b), which include:

b Initial, written notice to thecomplainant that contains anacknowledgment that the recipienthas received the complaint, and anotice that the complainant has theright to be represented in thecomplaint process (see 29 CFR37.76(b)(1));

b A written statement, provided to thecomplainant, that contains a list of

the issues raised in the complaintand, for each issue, a statementwhether the recipient will acceptthe issue for investigation or rejectthe issue, and the reasons for eachrejection (see 29 CFR 37.76(b)(2));

b A period for fact-finding orinvestigation of the circumstancesunderlying the complaint (see 29CFR 37.76(b)(3));

b A period during which the recipientattempts to resolve the complaint.The methods available to resolvethe complaint must includealternative dispute resolution (ADR)(see 29 CFR 37.76(b)(4) and (c));and,

b A written Notice of Final Action,provided to the complainant within90 days of the date on which thecomplaint was filed, that contains,for each issue raised in thecomplaint:

b Either a statement of the recipient’sdecision on the issue and anexplanation of the reasonsunderlying the decision, or adescription of the way the partiesresolved the issue; and

b Notice that the complainant has aright to file a complaint with CRCwithin 30 days of the date on whichthe Notice of Final Action is issuedif he or she is dissatisfied with therecipient’s final action on thecomplaint. (See 29 CFR 37.76(b)(5).)

b Describe the procedures to befollowed if the complaint is filedmore than 180 days after the date ofthe alleged violation. (See 29 CFR37.78.)

b Provide that, if the complainant isdissatisfied with the outcome of theinvestigation, or if there is no finalresolution of the complaint within90 days of the date the complaint isfiled, the complainant is notifiedthat he or she may file his or hercomplaint with the Civil RightsCenter.

b Recipients follow the establishedprocedures.

(b) Documentation for this element tobe submitted as part of the MOA shouldinclude, but need not be limited to, acopy of:b The State’s discrimination complaint

procedures developed pursuant to29 CFR 37.76 through 37.79.

b The instrument (e.g., directive,memorandum) used to informrecipients of the complaintprocedures and directing recipientsas to their use.

b The ADR procedures, if not includedwith complaint processingprocedures.

Element 9. Corrective Actions/Sanctions(29 CFR 37.54(d)(2)(vii))

In this element, the State shouldaddress how it and its recipients arecomplying and will continue to complywith the requirements of 29 CFR37.54(d)(2)(vii).

(a) The narrative section of thiselement should describe, at a minimum:b The standard for corrective and

remedial actions to be appliedwhen violations of WIA section 188or 29 CFR part 37 are found.Corrective and remedial actionsmust be designed to completelycorrect each violation. For eachcorrective action, a time frameshould be established that sets theminimum time necessary tocompletely correct the violation. Inthe case of a finding ofdiscrimination, the proceduresmust provide, where appropriate,for retroactive relief (including butnot limited to back pay) andprospective relief (e.g., training,policy development andcommunication) to ensure that thediscrimination does not recur.

b The procedures for follow-upmonitoring to ensure thatcommitments to take correctiveaction and remedial action arefulfilled.

b Reports required from the violatingrecipient regarding actions tocorrect the violation(s).

b Sanction procedures to be followedwhere voluntary compliance cannotbe achieved.

(b) Documentation for this element tobe submitted as part of the MOA shouldinclude, but need not be limited to:b A copy of any policy memorandum/

directive explaining correctiveactions/sanctions. The sanctionprocedures described in Subpart Eof 29 CFR part 37 may be used asa model for States in thepreparation of their procedures.

b A copy of each instrument (e.g.,directives, memoranda) used toinform recipients of the State’sprocedures regarding correctiveactions and sanctions.

II. Guidance on Meeting theRequirements of 29 CFR 37.55

Section 37.55 requires that each State’sMOA must be:• Developed and implemented, and a

copy submitted to the CRC Directorwithin 180 days of the effective dateof 29 CFR part 37, or within 180 daysof the Department of Labor’s approvalof that State’s Strategic Five-year Plan,whichever is later;



• Updated when necessary, and theDirector notified of any updates at thetime of the update; and

• Reviewed every two years from thedate on which the initial MOA issubmitted to the Director under 29CFR 37.55(a)(2); for each such review,either the changes made to the MOAas a result of the review, or acertification that no changes arenecessary, must be submitted to theDirector.

Initial Submission of MOATitle 29 CFR 37.55(a) requires that

each Governor develop and implementan MOA, and submit to the Director acopy of that State’s MOA, within 180days after the State becomes subject toWIA section 188 and 29 CFR part 37.The date on which the 180-day clockbegins running is contingent upon thedate upon which DOL gave finalapproval to the State’s Five-yearStrategic Plan (Plan). MOAs of Stateswhose Plan received final approval onor before November 12, 1999, theeffective date of 29 CFR part 37 we dueto be submitted to the Director within180 days of that effective date, in otherwords, by May 10, 2000.

On the other hand, MOAs of Stateswhose Plan received final approval afterNovember 12, 1999, must be submitted180 days after the date the Plan receivedfinal approval by DOL. For example,State A is delaying its transition to WIAuntil July 1, 2000, and does not submitits Plan to DOL until February 1, 2000.

State A’s Plan receives final approval onMay 1, 2000. Given this scenario, StateA is required to submit its MOA on orbefore the date that falls 180 days afterMay 1. The final date for the submissionof State A’s MOA, therefore, is October28, 2000.

Note: The 180-day timeframe describedabove applies only to the submission of theMOA. In general, States and their WIA TitleI-financially assisted recipients are subject tothe requirements of WIA section 188 and 29CFR part 37 on November 12, 1999 or on thedate they begin operating WIA Title Iprograms and activities, whichever is later.The provisions of JTPA section 167 and itsimplementing regulations, 29 CFR part 34continue to apply to programs and activitiesthat are implemented under and authorizedby JTPA.

Updating the MOATitle 29 CFR 37.55(b) requires the

Governor to (1) update the MOA asnecessary and (2) notify the Director ofthose updates. The requirementsregarding updating were not part of theJTPA MOA regulations at 29 CFR 34.33.CRC deemed these new requirementsnecessary as a result of reviews ofMOAs developed under JPTA. Thosereviews indicated that the procedures towhich a State originally committed inits MOA were not necessarily those ineffect at the time of CRC’s review. Thepurpose of an MOA is to describe toDOL how a State will ensure that WIATitle I financial assistance will beadministered in a nondiscriminatoryway. Further, the MOA is intended to be

a document that State-and local-levelstaff and management, through the EOOfficer, can consult when determiningappropriate steps to take whenconfronted with an EO issue. Therefore,the MOA should be kept current and theDirector notified of any changes.

State-level MOA Review

Title 29 CFR 37.55(c) requires that,every two years from the date on whichthe initial MOA is submitted to theDirector under 29 CFR 37.55(a)(2), theGovernor must review the MOA and itsimplementation to determine if anychanges are necessary , either to thedocument or the way in which it isimplemented. At the time of the review,the Governor must either (1) provide theDirector with any changes that are madeor (2) certify to the Director, in writing,that no changes are necessary. Thisrequirement is also a change from theMOA requirements under JTPA. It hasbeen CRC’s intent that the MOA be aliving document, a guide describinghow the State will ensure that its WIATitle I-financially assisted programsoperate in a nondiscriminatory manner.Through these modest regulatorychanges, CRC hopes to convey that theMOA is to be a document that serves asa guide in fulfilling the recipient’sobligations of nondiscrimination andequal opportunity.

[FR Doc. 00–21740 Filed 8–24–00; 8:45 am]



Friday,

August 25, 2000

Part VI

Department ofCommerceNational Oceanic and AtmosphericAdministration

50 CFR Part 660Fisheries Off West Coast States and inthe Western Pacific; Western PacificPelagic Fisheries; Hawaii-based PelagicLongline Area Closure; EmergencyInterim Rule





50 CFR Part 660

[Docket No. 000822244–0244–01; I.D.082100B]

RIN 0648-AO66

Fisheries off West Coast States and inthe Western Pacific; Western PacificPelagic Fisheries; Hawaii-basedPelagic Longline Area Closure

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Emergency interim rule; noticeof closure; request for comments.

SUMMARY: As ordered by the U.S.District Court for the District of Hawaii,NMFS issues an emergency interim rulethat closes certain waters in the centraland north Pacific Ocean to longlinefishing, imposes fishing gearrestrictions, effort limits, fish salerestrictions, and catch reportingrequirements, and requires increasedobserver coverage in the Hawaii-basedpelagic longline fishery. This rulereplaces an emergency interim ruleissued by NMFS on December 23, 1999,and subsequently extended on June 26,2000. Like that rule, the intent of thisrule is to reduce adverse impacts to seaturtles by the Hawaii longline fisherywhile NMFS prepares a comprehensiveenvironmental impact statement (EIS)that analyzes the environmental effectsof fishing activities conducted under theFishery Management Plan for PelagicFisheries of the Western Pacific Region(FMP).DATES: This emergency interim rule iseffective August 25, 2000, throughFebruary 21, 2001. Comments must bereceived no later than 5 p.m., local time,on October 10, 2000.ADDRESSES: Written comments on thisaction must be mailed to Dr. CharlesKarnella, Administrator, NMFS, PacificIslands Area Office (PIAO), 1601Kapiolani Blvd., Suite 1110, Honolulu,HI 96814-4700; or faxed to 808-973-2941. Comments will not be accepted ifsubmitted via e-mail or the Internet.Copies of the environmental assessment(EA) and regulatory impact review (RIR)prepared for this action may be obtainedfrom Dr. Charles Karnella, PIAO.FOR FURTHER INFORMATION CONTACT:Alvin Katekaru at 808-973-2937.SUPPLEMENTARY INFORMATION: OnDecember 23, 1999, to comply with anorder dated November 23, 1999, issued

by the U.S. District Court for the Districtof Hawaii in the case Center for MarineConservation v. NMFS, NMFS issued,under the authority of the Magnuson-Stevens Fishery Conservation andManagement Act (Magnuson-StevensAct), an emergency interim rule closingcertain waters to fishing by the Hawaii-based pelagic longline fishery (64 FR72290, December 27, 1999). That rulewas extended on June 26, 2000, (65 FR37917, June 19, 2000) for an additional180 days, through December 27, 2000.The Court directed NMFS to prohibit allfishing activities of the Hawaii longlinefishery in waters north of the HawaiianIslands above 28° N. lat. (between 168°W. long. and 150° W. long.). That rule,like this emergency interim rule, wasintended to reduce adverse impacts tosea turtles resulting from the activitiesof the Hawaii-based longline fisherywhile NMFS prepares a comprehensiveEIS for the FMP.

In the November 23 Order the Courtalso directed NMFS to analyze thetemporal and spatial distribution ofinteractions between sea turtles and theHawaii-based longline fleet, and reportits findings to the Court. On May 5,2000, NMFS presented its analysis tothe Court and recommendedmodifications to the December 1999time-area closure. The Court alsoreceived recommendations from theother parties, including the Defendant-Intervener Hawaii Longline Association(HLA) and plaintiffs in Center forMarine Conservation v. NMFS. Theobjective of these recommendations, asstated in the Court’s Order, was to have‘‘appropriate time and area closuresbased upon the greatest benefit to thesea turtles and considering the costs tothe Hawaii-based pelagic longlinefishery.’’

On June 23, 2000, the Court issued anOrder (Order Modifying Provisions ofOrder of Injunction), which wasclarified on June 26, 2000, requiringNMFS to establish, within 30 days, adifferent set of longline area closures,fishing effort restrictions (e.g., a cap of636 longline sets in ‘‘Area A’’,maximum 4-hour rest time) and 100percent observer coverage for the entirefishery. However, on July 21, 2000 theCourt issued a stay of the June 23 Order(Order Staying Amended OrderModifying Provisions of Order ofInjunction) pending furtherconsideration and action.

On August 4, 2000, after hearingmotions by NMFS and HLA forreconsideration of the June 23 Order,the Court issued an Order FurtherAmending Order Modifying Provisionsof Order of Injunction. The August 4thOrder prohibits all Hawaii-based pelagic

longline fishing activities throughoutthe year in waters between 28° N. and44° N. lat., from 150° W. to 168° W.long.(‘‘Area A’’); limits longline fishingto a total of 154 sets from August 10through December 31, 2000, and a totalof 77 sets from January 1 through March14, 2001, and requires 100 percentobserver coverage in waters between 28°N. and 44° N. lat., from 137° W. to 150°W. long., and in waters between 28° N.and 44° N. lat., from 168° W. to 173° E.long. (both areas are collectivelydesignated as ‘‘Area B’’); prohibitsHawaii-based pelagic longline fishingfor swordfish in waters between 0° (theequator) and 28° N. lat., from 137° W.to 173° E. long. (‘‘Area C’’; limits salesor landings of swordfish such thatprofits from swordfish that wereharvested in Area C and sold by thepermit holder, or landed in any port inU.S. territory, must be donated tocharity; directs NMFS to provideobserver coverage for the longlinefishery in Area C at a minimum level of10 percent by September 21, 2000, and20 percent by November 7, 2000;requires vessel operators to report theirswordfish catch from Area C to NMFSwithin 5 days following their return toport; and prohibits all longline fishingactivities in Area B and Area C fromMarch 15 through May 31. Thisemergency interim rule, issued underauthority of section 305(c) of theMagnuson-Stevens Act, implements theCourt’s August 4th Order and replacesthe emergency interim rule issued onDecember 23, 1999.

Until NMFS has access to additionaltrained observers, NMFS expects thenumber of available observers to beinsufficient to cover all the fishermenwho will want to longline in Area B.Initially, observers will be assigned tovessels fishing in Area B, or any portionthereof, on a first-come-first-served basisrelying on current regulations requiringpermit holders or vessel operators tonotify NMFS at least 72 hours beforetheir vessel leaves port on a fishing trip.Observers will be assigned according tothe order that fishermen provide noticeto NMFS via telephone. This assignmentprocedure will be employed as long assufficient numbers of observers areavailable. However, in the event of anobserver shortage, observers for Area Bwill be apportioned through a randomselection process. Vessel owners oroperators of vessels intending to fish inArea B will have the names of theirvessels entered into an observerplacement pool from which vesselnames will be randomly drawn bycomputer to generate an observerplacement list. The first vessel on the



list will be given the first opportunity tocarry a NMFS observer, the secondvessel on the list will be given thesecond opportunity, etc. After a vesselcompletes a fishing trip with anobserver, that vessel will be moved tothe end of the list. Any vessel ownermay request the vessel be removed fromthe list altogether, or moved to thebottom of the list. The purpose of thislimitation is to preserve opportunitiesfor other vessels to take observers andfish in Area B.

NMFS is required to increase observercoverage in Area C under a scheduleprescribed by the Court. No later than45 days following the date of entry ofthe Order (September 21, 2000), NMFSmust have a minimum of 10 percentobserver coverage in Area C, and nolater than 90 days from the date of theOrder (November 7, 2000), the fisherymust have at least a 20 percent observercoverage rate. Since NMFS is allowedsome time to ramp up the observercoverage in Area C, the process forassigning observers to vessels fishing inArea C differs slightly from the processemployed for Area B. Vessel owners oroperators intending to fish in Area Cafter September 21, 2000, will have theirvessels assigned observers on a random,sequential basis, e.g., one observer forevery 8 vessels embarking on fishingtrips to Area C. This process relies onthe current pre-trip notificationrequirement under which permitholders or vessel operators must callNMFS regarding observer assignment atleast 72 hours prior to leaving port fora fishing trip. The RegionalAdministrator will assign observers orprovide written exemptions (waivers)for observer placement on a per tripbasis consistent with the level ofobserver coverage required by the Court.A vessel may not fish in Area C unlessthere is an observer on board or thevessel has been issued a waiver. If avessel that is assigned an observer failsto depart on its fishing trip within 72hours of notification, the next vessellisted in accordance to the pre-tripnotification list will be assigned theobserver. A vessel that has beenassigned an observer but failed to departas intended will not be allowed to leaveport on a fishing trip without anobserver. Any vessel owner may requestthe vessel be removed from the listaltogether, or moved to the bottom ofthe list. If at any time there is a shortageof available observers, the RegionalAdministrator will allow vessels to fishin Area C via a random selectionprocess, similar to the one used for AreaB, using a computer to randomly select

vessels to generate a list of vessels thatmay go fishing.

The Court Order contains a reportingrequirement specific to swordfishcaught by Hawaii-based longliners inArea C. A longline vessel operator mustsubmit swordfish catch information toNMFS within 5 days following thevessel’s return to port. Under the FMPand its implementing regulations,operators of all vessels registered for useunder the Hawaii longline limitedaccess permit are currently required tocomplete daily longline logbooks. Catchand effort information on all longline-caught Pacific pelagic management unitspecies, including swordfish, isrecorded on logbooks that must besubmitted to NMFS within 72 hoursfrom the vessel’s return to portfollowing each fishing trip (50 CFR660.14). Therefore, no additionalreporting requirement for the Hawaiilongline fishery is established underthis emergency interim rule.

This rule bans the use of lightsticks byHawaii-based longliners fishing in AreaC to facilitate compliance with theCourt’s order prohibiting longlinersfrom targeting swordfish. It isanticipated that a prohibition onlightsticks would reduce swordfishcatch by as much as 90 percent. This isbased on the aggregated average catchrate for swordfish in Area C for all triptypes (tuna, mixed, swordfish) during1998-99. The catch rate during thisperiod was 7.4 swordfish per 1,000hooks when lightsticks were employedby longliners and 0.7 swordfish per1,000 hooks without lightsticks. NMFSconsidered other approaches forprohibiting vessels from targetingswordfish in Area C, such as banningnight setting of longline gear, banningthe use of squid bait, or establishing atrip limit on swordfish. However, at thistime, it appears that banning lightsticksin this fishery should facilitatecompliance with the Court Order.NMFS will be monitoring the swordfishcatch in Area C based on observercoverage and daily logbook reports ofturtle takes and, if necessary, NMFS willimpose additional measures to prohibitlongline vessels from targetingswordfish in Area C.

To comply with the Court’s Orderrequiring that profits from the sale ofswordfish caught incidentally in Area Cbe donated to an IRS-approvedcharitable organization, this rulerequires that 20 percent of the grossrevenue (total sales price) of all suchswordfish be donated to one or moreorganizations holding charitable statuswith the Internal Revenue Service. This20 percent requirement is based onNMFS’ analysis of data from tuna-

targeted longline fishing trips in 1999.NMFS estimated from survey andlogbook data that 20 percent of the ex-vessel value of swordfish landed inHonolulu by Hawaii longline vesselstargeting tuna can be considered profit(revenue less operating costs, includingrepairs). This profit amounts to roughly$55 per swordfish ($0.41 per pound) or$2,800 per vessel annually. For thepurpose of ensuring compliance withthe Court Order, as authorized underFederal regulations implementing theFMP, NMFS will monitor the amount ofswordfish landed through dailylogbooks and fish dealer records on thesale or other transactions involvingswordfish incidentally harvested fromArea C.

Criteria for Issuing an EmergencyInterim Rule

This emergency interim rule meetsNMFS policy guidelines for the use ofemergency interim rules (62 FR 44421,August 21, 1997). Also, it realizesbenefits that outweigh the value of priornotice, opportunity for public comment,and deliberative consideration expectedunder the normal rulemaking process.

Recent, Unforeseen Events or RecentlyDiscovered Circumstances

The Court’s Order Further AmendingOrder Modifying Provisions of Order ofInjunction was issued August 4, 2000; itrequires NMFS to implement variousrestrictions on the Hawaii-basedlongline fishery within 3 days from thedate of entry of the Order (August 7,2000). Emergency action is necessary forNMFS to comply with the Order.

Immediate BenefitsAlthough there are many variables

that make it difficult to predict theeffects of this fishery upon different seaturtle populations, NMFS anticipatesthe closure will have a positive benefiton sea turtles by reducing overallfishing effort and thereby reducing thenumber of turtles that might otherwisebe taken by Hawaii-based longlinevessels.

ClassificationThe Assistant Administrator for

Fisheries, NOAA (AA), has determinedthat this emergency interim rule isnecessary to comply with a valid orderof the U.S. District Court for the Districtof Hawaii. The AA has also determinedthat this emergency interim rule isconsistent with the Magnuson-StevensAct and other applicable laws.

NMFS prepared an EA for thisemergency interim rule that describesthe impact on the human environmentcaused by this rule and found that no



significant impact would result. NMFSalso prepared an RIR for this actionwhich assesses the economic costs andbenefits of the action. This emergencyinterim rule is of limited duration andis expected to result in a reduction ofoverall sea turtle interactions withlongline fisheries. The Hawaii longlinefishery was valued at $46.7 million ina 1998 baseline. Under the assumptionthat displaced fishing effort that resultsfrom the Area A closure and Area Bfishing restrictions is transferred intoArea C tuna effort, the estimated loss ofex-vessel gross fishery revenues is 32percent ($14.9 million) annually. At theother end of the extreme is a scenarioin which all the displaced effort istotally removed from the fishery, whichwould result in an estimated decline infishery revenues of 53 percent ($24.8million) annually. The economic effectfor the limited duration of thesemeasures would be less, but due to alack of data the actual economic impactcannot be calculated. Copies of the EAand RIR are available (see ADDRESSES).

The AA finds that this emergencyinterim rule, which is beingimplemented under section 305(c) of theMagnuson-Stevens Act, must becomeeffective immediately to comply withthe August 4, 2000, amended Orderissued by the U.S. District Court for theDistrict of Hawaii. The Order requiresthat the various fishing restrictions andarea closures in the Hawaii-basedlongline fishery be implemented within3 days from the date of entry of theOrder. Under section 305(c) of theMagnuson-Stevens Act, this emergencyinterim rule may remain in effect for notmore than 180 days after the date thisnotification is published, and may beextended for one additional period ofnot more than 180 days.

The AA finds for good cause thatproviding prior notice and opportunityfor public comment for this rule isunnecessary given that the Courtordered the specific actions containedin this rule, thus precludingimplementation of any alternative, andis impracticable given the Court’sdeadline. Similarly, the AA finds, forgood cause, under 5 U.S.C. 553(d)(3),that delaying the effectiveness of thisrule for 30 days is impracticable giventhe Court’s deadline. Accordingly, theAA is making this rule effective uponpublication in the Federal Register.

Because this emergency interim ruleis not required to be published withnotice and opportunity for publiccomment under 5 U.S.C. 553, or anyother law, the analytical requirements ofthe Regulatory Flexibility Act do notapply.

This rule restates a collection-of-information requirement subject to thePaperwork Reduction Act (PRA) andwhich has been approved by the Officeof Management and Budget (OMB)under control number 0648-0214. Publicreporting burden for a pre-tripnotification is estimated to average 5minutes per response, including thetime for reviewing instructions,searching existing data sources,gathering and maintaining the dataneeded, and completing and reviewingthe collection of information. Sendcomments regarding this burdenestimate, or any other aspect of this datacollection, including suggestions forreducing the burden, to NMFS (seeADDRESSESabove) and OMB at the Officeof Information and Regulatory Affairs,Office of Management and Budget,Washington, DC, 20503 (Attention:NOAA Desk Officer).

Notwithstanding any other provisionof the law, no person is required torespond to, nor shall any person besubject to a penalty for failure to complywith, a collection of information subjectto the requirements of the PRA, unlessthat collection of information displays acurrently valid OMB Control Number.


Administrative practice andprocedure, American Samoa, Fisheries,Fishing, Guam, Hawaiian Natives,Indians, Northern Mariana Islands,Reporting and recordkeepingrequirements.

Authority: 16 U.S.C. 1801 et seq.

Dated: August 23, 2000.William T. Hogarth,Deputy Assistant Administrator for Fisheries,National Marine Fisheries Service.

For the reasons set out in thepreamble, 50 CFR part 660 is amendedas follows:

PART 660—FISHERIES OFF WESTCOAST STATES AND IN THEWESTERN PACIFIC


Authority: 16 U.S.C. 1801 et seq.2. In § 660.22, paragraphs (z), (aa), and

(bb) are suspended, and new paragraphs(ee) through (jj) are added to read asfollows:

§ 660.22 Prohibitions.

* * * * *(ee) Fish for Pacific pelagic

management unit species with a vesselregistered for use under a Hawaiilongline limited access permit usinglongline gear within the Hawaiiemergency closed areas in violation of

§ 660.33(b)(1), (c)(1), (c)(4), (c)(5), or(d)(1).

(ff) Use a receiving vessel registeredfor use under a receiving vessel permitto receive from another vessel Pacificpelagic management unit speciesharvested with longline gear, if the fishwere harvested or the transfer occurswithin the Hawaii emergency closedareas in violation of § 660.33(b)(2),(c)(2), or (d)(2).

(gg) Land or transship shoreward ofthe outer boundary of the EEZ aroundHawaii Pacific pelagic managementspecies that were harvested withlongline gear within the Hawaiiemergency closed areas in violation of §660.33(b)(3), (c)(3), or (d)(3).

(hh) Use light sticks within theHawaii emergency longline closed AreaC in violation of § 660.33(d)(4).

(ii) Land or sell swordfish (Xiphiasgladius) caught by longline gear withinthe Hawaii emergency longline closedArea C in violation of § 660.33(d)(5).

(jj) Use longline gear to fish for Pacificpelagic management unit species inHawaii emergency longline closed AreaB or Area C without a NMFS-approvedobserver aboard the vessel in violationof § 660.33(e)(1) or (e)(2).

3. In § 660.23, paragraph (a) issuspended and new paragraph (c) isadded to read as follows:

§ 660.23 Notifications.

* * * * *(c) The permit holder of a vessel

registered for use with a Hawaii longlinelimited access permit or with an agentdesignated by the permit holder shallprovide notice to the RegionalAdministrator at least 72 hours (notincluding weekends and holidays)before the vessel leaves port on a fishingtrip, any part of which occurs in AreaB or Area C, as described in§ 660.33(a)(2) or (a)(3). The vesseloperator will be presumed to be anagent designated by the permit holderunless the Regional Administrator isotherwise notified by the permit holder.The notice must be provided to thetelephone number designated by theRegional Administrator. The noticemust provide the official number of thevessel, the name of the vessel, theintended departure date, time, andlocation, the name of and telephonenumber of the agent designated by thepermit holder to be available between8:00 a.m. to 5 p.m. (Hawaii time) onweekdays for NMFS to contact in orderto arrange observer placement.

4. In § 660.28, paragraph (c) issuspended.

5. New § 660.33 is added to subpart Cto read as follows:



§ 660.33 Hawaii emergency closure.

(a) Longline fishing restricted areas.(1) Area ‘‘A’’ as used in this section, isdefined as all waters bounded on thesouth by 28° N. lat., on the north by 44°N. lat., on the east by 150° W. long., andon the west by 168° W. long. (see Figure2 to this section).

(2) ‘‘Area B’’as used in this section, isdefined as all waters bounded on thesouth by 28° N. lat., on the north by 44°N. lat., on the east by 137° W. long., andon the west by 150° W. long; and allwaters bounded on the south by 28° N.lat., on the north by 44° N. lat., on theeast by 168° W. long., and on the westby 173° E. long. (see Figure 2 to thissection ).

(3) ‘‘Area C’’, as used in this section,is defined as all waters bounded on thesouth by 0° latitude, on the north by 28°N. lat., on the east by 137° W. long., andon the west by 173° E. long. (see Figure2 to this section to this section).

(b) Longline fishing restrictions inArea A. (1) A vessel registered for useunder a Hawaii longline limited accesspermit may not use longline gear to fishfor Pacific pelagic management unitspecies in Area A.

(2) A vessel registered for use undera receiving vessel permit may notreceive from another vessel Pacificpelagic management unit species inArea A.

(3) A vessel registered for use undera Hawaii longline limited access permitor receiving vessel permit may not landor transship Pacific pelagic managementunit species that were harvested withlongline gear in Area A shoreward of theouter boundary of the EEZ surroundingHawaii.

(c) Longline fishing restrictions inArea B. (1) A vessel registered for useunder a Hawaii longline limited accesspermit may not use longline gear to fishfor Pacific pelagic management unitspecies in Area B from March 15through May 31.

(2) A vessel registered for use undera receiving vessel permit may notreceive from another vessel Pacificpelagic management unit species inArea B from March 15 through May 31.

(3) A vessel registered for use undera Hawaii longline limited access permitor receiving vessel permit may not landor transship Pacific pelagic managementunit species that were harvested withlongline gear in Area B shoreward of theouter boundary of the EEZ surroundingHawaii.

(4) From August 7 through December31, 2000, the number of longline setsallowed in Area B is limited to a totalof 154 sets.

(5) From January 1 through March 14,2001, the number of longline setsallowed in Area B is limited to 77 sets.

(6) Between August 7 throughDecember 31, 2000, the RegionalAdministrator shall prohibit the use oflongline gear to fish for Pacific pelagicmanagement unit species on the dateand time that an estimated 154 longlinesets will have been made in Area B.

(7) Between January 1 through March14, 2001, the Regional Administratorshall prohibit the use of longline gear tofish for Pacific pelagic management unitspecies on the date and time that anestimated 77 longline sets will havebeen made in Area B.

(8) The Regional Administrator shalldetermine on the basis of available datawhen the maximum number of sets willbe reached in Area B.

(9) The Regional Administrator willnotify each permit holder and eachoperator of vessels fishing in Area Bwhen further use of longline gear to fishfor Pacific pelagic management unitspecies in Area B is prohibited.

(10) At least 24 hours advance noticewill be given of the effective date andtime after which the use of longline gearto fish for Pacific pelagic managementunit species in Area B is prohibited, asprescribed in paragraph (c)(9) of thissection.

(d) Longline fishing restrictions inArea C. (1) A vessel registered for useunder a Hawaii longline limited accesspermit may not use longline gear to fishfor Pacific pelagic management unitspecies in Area C from March 15through May 31.

(2) A vessel registered for use undera receiving vessel permit may notreceive from another vessel Pacificpelagic management unit species inArea C from March 15 through May 31.

(3) Landing or transshipping Pacificpelagic management unit species, thatwere harvested with longline gear inArea C from March 15 through May 31,shoreward of the outer boundary of theEEZ surrounding Hawaii is prohibited.

(4) A vessel registered for use undera Hawaii longline limited access permitmay not use lightsticks in Area C.

(5) Within 30 days of each landing ofswordfish caught by longline gear inArea C, the permit holder or operator ofa vessel registered for use under aHawaii longline limited access permit

must donate to charity at least 20percent of the total proceeds from thesale of such swordfish.

(6) For the purpose of this section,‘‘charity’’ means an entity to which ataxpayer can contribute and deduct thevalue of any such contribution fromtaxable income as a ‘‘charitablecontribution’’ as defined by the InternalRevenue Code at 26 U.S.C. 170(c).

(e) Emergency closure at-sea observercoverage. (1) A vessel registered for useunder a Hawaii longline limited accesspermit may not use longline gear to fishfor Pacific pelagic management unitspecies in Area B without a NMFS-approved observer aboard the vessel.

(2) A vessel registered for use undera Hawaii longline limited access permitmay not use longline gear in Area Cwithout a NMFS-approved observeraboard the vessel, unless it is issued awritten exemption on a per trip basis bythe Regional Administrator.

(3) The Regional Administrator mayassign NMFS-approved observers tovessels registered for use under Hawaiilongline permits:

(i) Based on notice provided by thepermit holder or by an agent designatedby the permit holder to the RegionalAdministrator according under§660.23(c); or

(ii) According to a list containingvessel names randomly ordered by theRegional Administrator.

(4) When NMFS notifies the permitholder or the designated agent of theobligation to carry an observer asrequired under this section, the vesselmay not engage in the fishery withouttaking the observer.

(5) An operator of a vessel registeredfor use under a Hawaii longline limitedaccess permit must immediatelyterminate longline fishing in Area Cwhile at sea upon notification by theRegional Administrator that the level ofobserver coverage is below the 10percent or 20 percent level of observercoverage established by NMFS.

(6) An operator of a vessel registeredfor use under a Hawaii longline limitedaccess permit that has been notified bythe Regional Administrator as describedin paragraph (e)(5) of this section isprohibited from using longline gear inArea C for the remainder of the trip,unless notified by the RegionalAdministrator that the prohibition hasbeen removed for the vessel.Billing Code: 3510–22–S



Figure 2 to § 660.33—Longline Fishing Restricted Areas

[FR Doc. 00–21976 Filed 8–24–00; 10:31 am]Billing Code: 3510–22–C


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FEDERAL REGISTER PAGES AND DATE, AUGUST

46859–47242......................... 147243–47652......................... 247653–47824......................... 347825–48134......................... 448135–48346......................... 748347–48600......................... 848601–48884......................... 948885–49188.........................1049189–49468.........................1149469–49718.........................1449719–49894.........................1549895–50126.........................1650127–50400.........................1750401–50594.........................1850595–50906.........................2150907–51212.........................2251213–51514.........................2351515–51746.........................2451747–51996.........................25

CFR PARTS AFFECTED DURING AUGUST

At the end of each month, the Office of the Federal Registerpublishes separately a List of CFR Sections Affected (LSA), whichlists parts and sections affected by documents published sincethe revision date of each title.

3 CFRProclamations:7332.................................47825Executive Orders:12722 (See Notice of

July 28, 2000) ..............4724112724 (See Notice of

July 28, 2000) ..............4724112924 (See Notice of

August 3, 2000) ...........4834713165...............................4946913166...............................50121Administrative Orders:Notices:July 28, 2000 ...................47241August 3, 2000 ................48347Presidential Determinations:No. 00-27 of July 21,

2000 .............................47827

5 CFR

330...................................47829532...................................50127550...................................48135595...................................48135610...................................481351201.................................488851203.................................488851204.................................488851205.................................488861206.................................488861207.................................488861208.................................498952640.................................47830Proposed Rules:531...................................49948532.......................48641, 501651800.................................49949

7 CFR

2.......................................4947197.....................................47243225...................................50127246...................................51213253...................................47831272...................................49719274...................................49719301 .........50595, 51515, 51516,

51517353...................................50128371...................................49471457...................................47834905...................................50907920...................................49472927...................................48136929...................................48349930...................................48139945...................................48142982...................................472451240.................................483181479.................................478401710.................................51747

1717.................................517471718.................................517471755.................................517491951.....................50401, 505983015.................................494743016.................................494743019.................................49474Proposed Rules:46.....................................4818547.....................................48185205...................................48642300...................................50655305...................................47908319 ..........47908, 50655, 50938905...................................468791216.................................506661240.................................483241755.................................517731940.................................47695

8 CFR

Proposed Rules:103...................................50166212...................................46882214...................................50166236...................................46882241...................................46882248...................................50166264...................................50166

9 CFR

78.....................................4765393.....................................4685994.........................50603, 51518Proposed Rules:1...........................47908, 506072...........................47908, 5060779.....................................49770

10 CFR

Ch.1 .................................4765472.....................................50606Proposed Rules:2.......................................5093730.....................................4920761.....................................49207431 ..........48828, 48838, 48852

12 CFR

220...................................51519360...................................491891805.................................49642Proposed Rules:14.....................................50882208...................................50882225...................................47696343...................................50882536...................................50882

13 CFR

120...................................49481121 ..........48601, 49726, 50744

VerDate 11-MAY-2000 17:49 Aug 24, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\25AUCU.LOC pfrm08 PsN: 25AUCU

ii Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Reader Aids

400...................................51521500...................................51522Proposed Rules:107...................................49511

14 CFR

11.........................47247, 5085021.....................................4724725.........................47247, 4784133.....................................4888739 ...........46862, 47248, 47252,

47255, 47660, 48144, 48351,48353, 48355, 48358, 48360,48362, 48364, 48368, 48371,48373, 48605, 48607, 49481,49727, 49728, 49730, 49732,49734, 49735, 49897, 49899,49901, 49903, 49905, 50131,50617, 50619, 50621, 50623,50627, 50628, 50630, 50632,50909, 51229, 51750, 51752,

5175471 ...........47258, 47259, 47260,

47261, 47843, 48146, 48147,48608, 48609, 48888, 49192,50281, 50405, 50635, 50636,51229, 51522, 51523, 51757

73.........................49483, 5013391.....................................5074497 ...........48889, 48891, 48893,

51524, 51525, 51528121.......................50744, 51742125.......................50744, 517421204.................................47663Proposed Rules:23.....................................4951339 ...........47356, 47701, 48399,

48401, 48402, 48404, 48643,48645, 48646, 48648, 48931,48933, 48936, 48937, 48941,48943, 48945, 48947, 48950,49523, 49775, 49952, 50166,50466, 50468, 50667, 51254,51256, 51259, 51260, 51560,

51562, 5177571 ...........48651, 50470, 50744,

5126391.....................................51512121...................................50945135...................................51512139.......................50669, 50945217...................................50946241...................................50946298...................................50946

15 CFR

287...................................48894Proposed Rules:922...................................41264

16 CFR

2.......................................50632423.......................47261, 48148

17 CFR

1...........................47843, 515294.......................................4784830.....................................47275210...................................51692211...................................51692228...................................51692230...................................47281231...................................47281240.......................51692, 51716243...................................51716249.......................51692, 51716

271...................................47281Proposed Rules:1.......................................492083.......................................492084.......................................492085.......................................4920815.....................................4920820.....................................4920835.....................................4920836.....................................4920837.....................................4920838.....................................4920839.....................................49208100...................................49208140...................................49208155...................................49208166...................................49208170...................................49208180...................................49208210...................................49954240...................................49954240.......................47900, 48406

18 CFR

101...................................47664125.......................48148, 50638154...................................47284161...................................47284225.......................48148, 50638250...................................47284284...................................47284330...................................47294356...................................48148385...................................47294Proposed Rules:342...................................47355352...................................50376357...................................50376385...................................50376

20 CFR

404...................................50746416...................................50746652...................................49294655...................................51138660...................................49294661...................................49294662...................................49294663...................................49294664...................................49294665...................................49294666...................................49294667...................................49294668...................................49294669...................................49294670...................................49294671...................................49294Proposed Rules:416...................................49208440...................................49208655...................................50170656...................................51777

21 CFR

71.....................................5175873.....................................48375170...................................51758171...................................51758172...................................48377201.......................46864, 48902310...................................48902341...................................46864344...................................48902514...................................47668524...................................50912556...................................50913

558 ..........50133, 50913, 50914811...................................51532868...................................47669876...................................48609884...................................473051240.................................499061304.................................494831308.................................473061310.....................47309, 48546Proposed Rules:341...................................51780514...................................51782890...................................50949

23 CFR

1335.................................489051270.................................51532Proposed Rules:658...................................50471

24 CFR

30.....................................50592903...................................494842003.................................50904Proposed Rules:5.......................................5084292.....................................50842200...................................50842236...................................50842574...................................50842582...................................50842583...................................50842891...................................50842982...................................50842

25 CFR

Proposed Rules:0.......................................47859142...................................47704

26 CFR

1 .............48379, 49909, 50281,50405, 50638

31.....................................50405301.......................49909, 50405Proposed Rules:1 ..............48185, 48198, 49955301...................................49955

27 CFR

Proposed Rules:9.......................................48953

28 CFR

1.......................................4837991.....................................48392

29 CFR

4022.................................497374044.................................49737

30 CFR

250...................................49485948...................................50409Proposed Rules:70.....................................4921572.....................................4921575.....................................4921590.....................................49215206...................................49957920...................................49524

32 CFR

199.......................48911, 49491310...................................48169

701...................................481701615.................................476701698.................................47670Proposed Rules:317...................................48202

33 CFR

100 .........47316, 48612, 48613,49493, 49914

117 .........46868, 46870, 50135,51538

165 .........47318, 47321, 48381,48383, 48614, 48616, 49495,49497, 49915, 50917, 51539,

51540Proposed Rules:26.....................................5047984.....................................47936117.......................50480, 51787151...................................48548155...................................48548157...................................48548158...................................48548160...................................50481161...................................50479165...................................50479183...................................47936323...................................50108

34 CFR

600...................................49134668.......................47590, 49134674...................................47634675...................................49134682 .........47590, 47634, 49124,

49134685 .........47590, 47634, 49124,

49134690.......................47590, 49134

36 CFR

242...................................51542Proposed Rules:242...................................51648293...................................482051250.................................512701254.................................51270

37 CFR

1...........................49193, 50092201.......................46873, 48913202...................................48913204...................................48913

38 CFR

21.....................................51763Proposed Rules:4.......................................4820536.....................................46882

39 CFR

20.........................47322, 48171111 ..........48385, 50054, 49917Proposed Rules:111...................................47362

40 CFR

Ch. I .................................47323Ch. IV...............................481089...........................48286, 5013635.....................................4828649.....................................5141252 ...........46873, 47326, 47336,

47339, 47862, 49499, 49501,50651


iiiFederal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Reader Aids

60.....................................4891462.....................................4986863.....................................4734270.........................48391, 4991981.....................................50651132...................................47864180 .........47874, 47877, 48617,

48620, 48626, 48634, 48637,49922, 49924, 49927, 49936,

50431, 50438, 51544271...................................48392300 .........48172, 48930, 49503,

49739, 50137302...................................47342442...................................49666Proposed Rules:9.......................................4906251.....................................4882552 ...........47363, 47705, 48652,

49527, 50669, 5156461.....................................5067269.....................................4770670.....................................4995780.........................47706, 4805886.........................47706, 48058122...................................49062123...................................49062124...................................49062125...................................49062141...................................49638142...................................49638232...................................50108260...................................51080261.......................48434, 50284264...................................51080266...................................50284271...................................51080300 .........47363, 48210, 49527,

49528, 49776, 50170, 51567

41 CFR

Ch. 102 ............................48392101...................................48392Proposed Rules:101–11.............................48655102–193...........................48655102–194...........................48655102–195...........................48655

42 CFR

59.....................................49057

70.....................................49906130...................................47348410.......................47026, 47054412.......................47026, 47054413 ..........47026, 47054, 47670419...................................47670482...................................47026485.......................47026, 47054Proposed Rules:405...................................50171413...................................47706

43 CFR

1880.................................512293500.................................50446

45 CFR

160...................................50312162...................................50312310...................................507861351.................................50139Proposed Rules:309...................................50800

46 CFR

307...................................47678506...................................49741Proposed Rules:25.....................................4793667.....................................49529172...................................48548

47 CFR

Ch. I .................................506530...........................47678, 512341 .............47348, 47678, 49742,

517682......................................48174,22.........................49199, 4920254.........................47882, 4994164.........................47678, 4839373 ...........48183, 48639, 50141,

50142, 50449, 50653, 51235,51236, 51552, 51769

74.....................................4817478.....................................48174101...................................48174Proposed Rules:Ch. I .................................495301...........................47366, 4865836.....................................50172

54 ............47940, 49216, 5017269.....................................5157273 ...........47370, 48210, 50951,

51277, 51278, 51279, 51575,51576, 51577

76.....................................4821178.....................................4821180.....................................5017390.....................................51788

48 CFR

212...................................50143217...................................50148219.......................50148, 50149222...................................50150236.......................50148, 50151242...................................50143247...................................50143252.......................50150, 50152Ch. 15 ..............................473231804.................................501521807.................................468751812.................................501521819.................................468751830.................................492051852.................................50152Proposed Rules:2.......................................508724.......................................508725.......................................508726.......................................508727.......................................508729.......................................5087212.....................................5087213.....................................5087214.....................................5087219.....................................5087222.....................................5087234.....................................5087235.....................................5087236.....................................50872

49 CFR

1.......................................4976310.....................................4818471.....................................50154107...................................50450171...................................50450172...................................50450173...................................50450174...................................50450

175...................................50450177...................................50450178...................................50450179...................................50450180...................................50450385...................................50919544...................................49505553...................................51236571...................................51769Proposed Rules:37.....................................48444172...................................49777175...................................49777222...................................46884229...................................46884243...................................50952350...................................49780390...................................49780393...................................48660394...................................49780395...................................49780398...................................49780571...................................47945575...................................46884

50 CFR

17.....................................5067220.....................................5149621.....................................49508100...................................51542230...................................49509622.......................50158, 51248635 ..........47214, 49941, 50162648 .........46877, 47648, 49942,

50164, 40563600...................................51992679 .........47693, 47906, 47907,

49766, 49946, 50935, 51553,51722

Proposed Rules:17 ...........49530, 49531, 49781,

49958, 51577, 51578, 5190320.........................50483, 51174100...................................51648216.......................48669, 51584224...................................49782635.......................46885, 48671648...................................49959697...................................50952


iv Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Reader Aids

REMINDERSThe items in this list wereeditorially compiled as an aidto Federal Register users.Inclusion or exclusion fromthis list has no legalsignificance.

RULES GOING INTOEFFECT AUGUST 25,2000

COMMERCE DEPARTMENTNational Oceanic andAtmospheric AdministrationFishery conservation and

management:Northeastern United States

fisheries—Atlantic bluefish and spiny

dogfish; published 7-26-00

DEFENSE DEPARTMENTFederal Acquisition Regulation

(FAR):Service Contract Act;

commercial itemsubcontracts; published 7-26-00

ENVIRONMENTALPROTECTION AGENCYAir quality implementation

plans; approval andpromulgation; variousStates:California; published 7-26-00

FEDERALCOMMUNICATIONSCOMMISSIONCommon carrier services:

International commoncarriers; biennialregulatory reviewCable landing licenses;

correction; published 8-25-00

GENERAL SERVICESADMINISTRATIONFederal Acquisition Regulation

(FAR):Service Contract Act;

commercial itemsubcontracts; published 7-26-00

HEALTH AND HUMANSERVICES DEPARTMENTFood and DrugAdministrationColor and food additives:

Meat and poultry products;substances approved;published 8-25-00

LABOR DEPARTMENTService Contract Act; Federal

service contracts; laborstandards; published 7-26-00

NATIONAL AERONAUTICSAND SPACEADMINISTRATIONFederal Acquisition Regulation

(FAR):

Service Contract Act;commercial itemsubcontracts; published 7-26-00

TRANSPORTATIONDEPARTMENTNational Highway TrafficSafety AdministrationMotor vehicle safety

standards; exemptionpetitions, etc.:Compressed natural gas

fuel container integrity;material andmanufacturing processrequirements; published 8-25-00

TREASURY DEPARTMENTCustoms ServiceMerchandise, special classes:

Products of forced orindentured child labor;seizure and forfeiture;published 7-26-00

VETERANS AFFAIRSDEPARTMENTVocational rehabilitation and

education:Veterans training—

Subsistence allowancerates; published 8-25-00

COMMENTS DUE NEXTWEEK

AGRICULTUREDEPARTMENTAgricultural MarketingServiceFruits and vegetables,

processed:Inspection and certification;

comments due by 8-28-00; published 6-28-00

Kiwifruit grown in Californiaand imported; commentsdue by 8-30-00; published7-31-00

Oranges, grapefruit,tangerines, and tangelosgrown in—Florida; comments due by

8-31-00; published 8-1-00

AGRICULTUREDEPARTMENTAnimal and Plant HealthInspection ServiceExportation and importation of

animals and animalproducts:Bovine parts importation

from Argentina;prohibition; comments dueby 8-28-00; published 6-28-00

Interstate transportation ofanimals and animal products(quarantine):Tuberculosis in cattle and

bison—

State and areaclassifications;comments due by 8-28-00; published 6-28-00

Plant-related quarantine,domestic:Melon fruit fly; comments

due by 8-28-00; published6-28-00

AGRICULTUREDEPARTMENTCommodity CreditCorporationLoan and purchase programs:

Bioenergy Program;comments due by 8-28-00; published 7-27-00

AGRICULTUREDEPARTMENTFood Safety and InspectionServiceMeat and poultry inspection:

Other consumer protectionactivities; comments dueby 8-29-00; published 6-30-00

COMMERCE DEPARTMENTNational Oceanic andAtmospheric AdministrationFishery conservation and

management:Alaska; fisheries of

Exclusive EconomicZone—Western Alaska

CommunityDevelopment QuotaProgram; commentsdue by 8-31-00;published 7-17-00

Northeastern United Statesfisheries—Summer flounder, scup

and black sea bass;comments due by 9-1-00; published 8-2-00

West Coast States andWestern Pacificfisheries—Pacfic Coast salmon;


COMMODITY FUTURESTRADING COMMISSIONCommodity pool operators and

commodity trading advisors:Commodity pools; profile

documents; disclosure;comments due by 8-28-00; published 7-27-00

CONSUMER PRODUCTSAFETY COMMISSIONAutomatic residential garage

door operators; safetystandard; comments due by8-28-00; published 6-14-00

DEFENSE DEPARTMENTAcquisition regulations:

JWOD subcontractpreference under service

contracts; comments dueby 9-1-00; published 7-3-00

Material management andaccounting system;comments due by 9-1-00;published 7-3-00

Polyacrylonitrile carbon fiber;comments due by 9-1-00;published 7-3-00

Civilian health and medicalprogram of uniformedservices (CHAMPUS):TRICARE program—

Automatic enrollment offamilies of E-4 andbelow in TRICAREPrime; comments dueby 8-28-00; published6-28-00

Automatic enrollment offamilies of E-4 andbelow in TRICAREPrime; correction;comments due by 8-28-00; published 7-21-00

Medically underservedareas; bonus payments;comments due by 9-1-00; published 7-3-00

Federal Acquisition Regulation(FAR):Contractor responsibility,

labor relations costs, andcosts relating to legal andother proceedings;comments due by 8-29-00; published 6-30-00

Truth in Negotiations Actthreshold; comments dueby 9-1-00; published 7-3-00

ENERGY DEPARTMENTFederal Energy RegulatoryCommissionOil pipelines:

Producer Price Index forFinished Goods; five-yearreview; comments due by9-1-00; published 8-2-00

ENVIRONMENTALPROTECTION AGENCYAir pollutants, hazardous;

national emission standards:Boilers and industrial

furnaces; data availability;comments due by 8-28-00; published 6-27-00

Air programs:Ambient air quality

standards, national—Ground level ozone; 1-

hour standard;attainmentdemonstrations forStates; motor vehicleemissions budgets;comments due by 8-28-00; published 7-28-00

Northern Ada County/Boise, ID; PM-10


vFederal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Reader Aids

standardsnonapplicability findingrescinded; commentsdue by 8-31-00;published 7-26-00

Air quality implementationplans; approval andpromulgation; variousStates:California; comments due by

8-28-00; published 7-27-00

Indiana; comments due by9-1-00; published 8-2-00

West Virginia; commentsdue by 9-1-00; published8-2-00

Hazardous waste programauthorizations:Virginia; comments due by

8-30-00; published 7-31-00

Superfund program:National oil and hazardous

substances contingencyplan—National priorities list

update; comments dueby 9-1-00; published 8-2-00

Water pollution control:State water quality

standards—Kansas; comments due

by 9-1-00; published 7-3-00

FEDERALCOMMUNICATIONSCOMMISSIONCommon carrier services:

Federal-State Joint Boardon Universal Service—Telecommunications

deployment andsubscribership inunserved orunderserved areas,including tribal andinsular areas; commentsdue by 9-1-00;published 8-11-00

High-cost universal servicesupport for non-ruralcarriers; CY 2001 linecount update; commentsdue by 8-30-00; published8-17-00

Wireless telecommunicationsservices—Extension to Tribal lands;


Practice and procedure:Communication between

applicants in spectrumauctionsCorrection; comments due

by 8-30-00; published8-9-00

Radio and televisionbroadcasting:

Experimental broadcaststations; ownershipprohibition; comments dueby 9-1-00; published 7-5-00

Major television networks;ownership prohibition;comments due by 9-1-00;published 7-5-00

Radio stations; table ofassignments:Missouri; comments due by

8-28-00; published 7-25-00

Puerto Rico; comments dueby 8-28-00; published 7-18-00

FEDERAL RESERVESYSTEMElectronic fund transfers

(Regulation E):Financial institutions

compliance requirements;official staff interpretation;comments due by 8-31-00; published 6-29-00

Truth in lending (RegulationZ):Home-equity lending market;

predatory lendingpractices; hearings;comments due by 9-1-00;published 7-12-00

GENERAL SERVICESADMINISTRATIONAcquisition regulations:

JWOD subcontractpreference under servicecontracts; comments dueby 9-1-00; published 7-3-00

Federal Acquisition Regulation(FAR):Truth in Negotiations Act;

threshold; comments dueby 9-1-00; published 7-3-00

Federal Acquisiton Regulation:Contractor responsibility,


HEALTH AND HUMANSERVICES DEPARTMENTFood and DrugAdministrationHuman bone allograft;

manipulation andhomologous use in spineand other orthopedicreconstruction and repair;public meeting; commentsdue by 9-1-00; published 7-18-00

HEALTH AND HUMANSERVICES DEPARTMENTHealth Care FinancingAdministrationMedicare:

Hospital inpatient paymentsand graduate medicaleducation rates and costs;Balanced BudgetRefinement Act provisions;comments due by 8-31-00; published 8-1-00

Medicare+Choice program—Establishment; changes;


INTERIOR DEPARTMENTFish and Wildlife ServiceEndangered and threatened

species:Critical habitat

designations—Spectacled eider and

Steller’s eider;comments due by 8-31-00; published 7-5-00

Spectacled eider andSteller’s eider;comments due by 8-31-00; published 7-31-00

Environmental statements;availability, etc.:Critical habitat

designations—Arkansas River Basin;

Arkansas River shiner;withdrawal; commentsdue by 8-29-00;published 6-30-00

Fishery conservation andmanagement:Critical habitat

designations—Peninsular bighorn sheep;


Migratory bird hunting:Federal Indian reservations,

off-reservation trust lands,and ceded lands;comments due by 8-28-00; published 8-18-00

JUSTICE DEPARTMENTPrisons BureauAdministrative remedy

program:Administrative Remedy

Program; excludedmatters; comments dueby 8-28-00; published 6-27-00

NATIONAL AERONAUTICSAND SPACEADMINISTRATIONAcquisition regulations:

JWOD subcontractpreference under servicecontracts; comments dueby 9-1-00; published 7-3-00

Federal Acquisition Regulation(FAR):Truth in Negotiations Act;

threshold; comments dueby 9-1-00; published 7-3-00

Federal Acquisiton Regulation(FAR):Contractor responsibility,


NUCLEAR REGULATORYCOMMISSIONSpent nuclear fuel and high-

level radioactive waste;independent storage;licensing requirements:Interim storage for greater

than class C waste;comments due by 8-30-00; published 6-16-00

POSTAL SERVICEDomestic Mail Manual:

Invalid ancillary serviceendorsements; transitionalprovisions eliminated;comments due by 9-1-00;published 8-2-00

SECURITIES ANDEXCHANGE COMMISSIONInvestment companies:

Electronic Signatures inGlobal and NationalCommerce Act; consumerconsent requirements;exemption; comments dueby 9-1-00; published 8-2-00

SMALL BUSINESSADMINISTRATIONFederal claims collection:

Administrative wagegarnishment; debtcollection through offset;comments due by 8-28-00; published 6-27-00

TRANSPORTATIONDEPARTMENTCoast GuardElectrical engineering:

Marine shipboard electricalcable standards;comments due by 8-28-00; published 7-27-00

Ports and waterways safety:Los Angeles-Long Beach,

CA; traffic separationscheme; comments dueby 8-28-00; published 7-28-00

TRANSPORTATIONDEPARTMENTFederal AviationAdministrationAirworthiness directives:

Airbus; comments due by 9-1-00; published 8-2-00

Boeing; comments due by8-28-00; published 6-28-00

British Aerospace;comments due by 8-28-00; published 7-27-00


vi Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Reader Aids

Empresa Brasileira deAeronautica S.A.;comments due by 8-30-00; published 7-31-00

McDonnell Douglas;comments due by 8-28-00; published 7-13-00

Rolls-Royce plc.; commentsdue by 9-1-00; published7-3-00

Saab; comments due by 8-30-00; published 7-31-00

Sikorsky; comments due by9-1-00; published 7-3-00

Class E airspace; commentsdue by 8-28-00; published7-3-00

TRANSPORTATIONDEPARTMENTNational Highway TrafficSafety AdministrationConsumer information:

Passenger cars and lightmultipurpose passengervehicles and trucks;rollover prevention;comments due by 8-30-00; published 8-1-00

TRANSPORTATIONDEPARTMENTSurface TransportationBoardRail carriers:

Class I reporting regulations;modification; commentsdue by 9-1-00; published7-18-00

TREASURY DEPARTMENTCustoms ServiceArticles conditionally free,

subject to reduced rates,etc.:Civil aircraft merchandise;

duty-free entry; commentsdue by 8-28-00; published6-29-00

VETERANS AFFAIRSDEPARTMENTAdjudication; pensions,

compensation, dependency,etc.:Proof of service; evidence

certification; commentsdue by 8-28-00; published6-27-00

Adult day health care ofveterans in State homes;per diem paymentmechanism; comments dueby 8-28-00; published 6-28-00

Privacy Act:Computer matching

programs; comments due

by 8-28-00; published 7-28-00

LIST OF PUBLIC LAWS

This is a continuing list ofpublic bills from the currentsession of Congress whichhave become Federal laws. Itmay be used in conjunctionwith ‘‘P L U S’’ (Public LawsUpdate Service) on 202–523–6641. This list is alsoavailable online at http://www.nara.gov/fedreg.

The text of laws is notpublished in the FederalRegister but may be orderedin ‘‘slip law’’ (individualpamphlet) form from theSuperintendent of Documents,U.S. Government PrintingOffice, Washington, DC 20402(phone, 202–512–1808). Thetext will also be madeavailable on the Internet fromGPO Access at http://www.access.gpo.gov/nara/index.html. Some laws maynot yet be available.

H.R. 3519/P.L. 106–264

Global AIDS and TuberculosisRelief Act of 2000 (Aug. 19,2000; 114 Stat. 748)

Last List August 22, 2000

Public Laws ElectronicNotification Service(PENS)

PENS is a free electronic mailnotification service of newlyenacted public laws. Tosubscribe, go to www.gsa.gov/archives/publaws-l.html orsend E-mail [email protected] withthe following text message:

SUBSCRIBE PUBLAWS-LYour Name.

Note: This service is strictlyfor E-mail notification of newlaws. The text of laws is notavailable through this service.PENS cannot respond tospecific inquiries sent to thisaddress.


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