33796 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Proposed Rules

assessed shall be paid by check or

money order payable to the Office of

Federal Housing Enterprise Oversight.

(b) Types of charges. The types of

charges that may be assessed in

connection with the production of

records in response to a FOIA request

are as follows:

(1) Searches. (i) Manual searches for

records. OFHEO will charge for actual

search time, billed in 15-minute

segments, at a rate determined by

whether the employee performing the

work is classified as clerical,

professional, or executive. The hourly

fee for each classification is based on

the average of the actual compensation

(salary and benefits) of employees in the

classification and is adjusted

periodically to reflect significant

changes in the average compensation of

the class. The ‘‘executive’’ classification

includes the senior management of

OFHEO, i.e. Director, Deputy Director,

Associate Directors and Deputy

Associate Directors. The ‘‘clerical’’

classification includes employees

performing primarily secretarial,

clerical, or ministerial tasks. The

‘‘professional’’ classification includes

all positions not classified as

‘‘executive’’ or ‘‘clerical.’’ A current fee

schedule is available on electronically at

http://www.ofheo.gov/docs/ or by

regular mail.

(ii) Computer searches for records.

Requesters will be charged at the actual

direct costs of conducting a search using

existing programming. These direct

costs will include the cost of operating

the computer equipment for that portion

of operating time that is directly

attributable to searching for records and

the cost of the time of the employee

performing the work, determined as

described in paragraph (b)(1)(i) of this

section. A charge will also be made for

any substantial amounts of special

supplies or materials used to contain,

present, or make available the output of

computers, based upon the prevailing

levels of costs to OFHEO for the type

and amount of such supplies of

materials that are used. Nothing in this

paragraph shall be construed to entitle

any person or entity, as of right, to any

services in connection with

computerized records, other than

services to which such person or entity

may be entitled under the provisions of

this subpart.

(iii) Unproductive searches. OFHEO

may charge search fees even if no

records are found that are responsive to

the request or if the records found are

exempt from disclosure.

(2) Reproduction. Records will be

photocopied at a rate of $.15 per page.

For copies prepared by computer, such

as tapes or printouts, the requester will

be charged the actual cost, including

operator time, of production of the tape

or printout. For other methods of

reproduction, the actual direct costs of

reproducing the record(s) will be

charged.

(3) Review. Only requesters who are

seeking records for commercial use may

be charged for time spent reviewing

records to determine whether they are

exempt from mandatory disclosure.

Charges may be assessed only for initial

review, i.e., the review undertaken the

first time OFHEO analyzes the

applicability of a specific exemption to

a particular record or portion of a

record. Records or portions of records

withheld in full under an exemption

that is subsequently determined not to

apply may be reviewed again to

determine the applicability of other

exemptions not previously considered.

The costs for such a review are properly

assessable.

(4) Other services and materials.

Where OFHEO elects, as a matter of

administrative discretion, to comply

with a request for a special service or

materials, such as certifying that records

are true copies or sending records by

special methods, the actual direct costs

of providing the service or materials

will be charged.

14. Amend § 1710.23 by revising

paragraph (g) to read as follows:

§ 1710.23 Fees to be charged-categories of

requesters.

* * * * *

(g) For purposes of paragraph (e) of

this section, the term ‘‘search time’’ has

as its basis, manual search. To apply

this term to searches made by computer,

OFHEO will determine the hourly cost

of operating the computer equipment

and the operator’s time determined as

described in paragraph (b)(1)(i) of

§ 1710.22. When the cost of the search

(including the operator’s time and the

cost of operating the computer

equipment to process a request) equals

the equivalent dollar amount of two

hours of the time of the person

performing the work, i.e., the operator,

OFHEO will begin assessing charges for

the computer.

Subpart E—Testimony and Production

of Documents in Legal Proceedings in

Which OFHEO Is Not a Named Party

15. Amend § 1710.38 by revising

paragraph (a) to read as follows:

§ 1710.38 Fees.

* * * * *

(a) Searches for documents. OFHEO

will charge for the actual search time of

the employee performing the work,

billed in 15-minute segments, as

described in § 1710.22(b)(i).

* * * * *

Dated: May 22, 2000.

Armando Falcon, Jr.,

Director, Office of Federal Housing Enterprise

Oversight.

[FR Doc. 00–13194 Filed 5–24–00; 8:45 am]

BILLING CODE 4220–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ANM–07]

Proposed Modification of Class E

Airspace, Wenatchee, WA

AGENCY: Federal Aviation

Administration (FAA), DOT

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This notice proposes to

modify the Wenatchee, WA, Class E

airspace to remove the Fancher Field

airspace exclusion at the Panghorn

Memorial Airport, Wenatchee, WA.

DATES: Comments must be received on

or before July 10, 2000.

ADDRESSES: Send comments on the

proposal in triplicate to: Manger,

Airspace Branch, ANM–520, Federal

Aviation Administration, Docket No.

00–ANM–07, 1601 Lind Avenue SW,

Renton, Washington 98055–4056.

The official docket may be examined

in the Office of the Regional Chief

Counsel for the Northwest Mountain

Region at the same address.

An informal docket may also be

examined during normal business hours

in the office of the Manger, Air Traffic

Division, Airspace Branch, at the

address listed above.

FOR FURTHER INFORMATION CONTACT:

Brian Durham, ANM–520.7, Federal

Aviation Administration, Docket No.

00–ANM–07, 1601 Lind Avenue SW,

Renton, Washington 98055–4056:

telephone number: (425) 227–2527.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments, as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Proposed Rules 33797

regulatory, aeronautical, economic,

environmental, and energy related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit,

with ethos comments, a self-addressed

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 00–

ANM–07.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in the

light of comments received. All

comments submitted will be available

for examination at the address listed

above both before and after the closing

date for comments. A report

summarizing each substantive public

contact with FAA personnel concerned

with this rulemaking will be filed in the

docket.

Availability of NPRM’s

Any person may obtain a copy of this

NPRM by submitting a request to the

Federal Aviation Administration,

Airspace Branch, ANM–520, 1601 Lind

Avenue SW, Renton, Washington

98055–4056. Communications must

identify the notice number of this

NPRM. Persons interest in being placed

on a mailing list for future NPRM’s

should also request a copy of Advisory

Circular No. 11–2A, which describes the

application procedure.

The Proposal

The FAA is considering an

amendment to Title 14 Code of Federal

Regulations, part 71 (14 CFR part 71) by

modifying Class E airspace at

Wenatchee, WA, in order to remove the

Fancher Field airspace exclusion in the

legal description for the Panghorn

Memorial Airport, Wenatchee, WA.

Fancher Field has been abandoned

negating the requirement for it’s Class

E2 airspace exclusion. This airspace

modification would delete the airspace

requirement for Fanche Field and

correct the legal description for

Wenatchee, WA. The FAA establishes

Class E airspace where necessary to

contain aircraft transitioning between

the terminal and en route environments.

The intended effect of this proposal is

designed to provide for the safe and

efficient use of the navigable airspace.

This proposal would promote safe flight

operations under Instrument Flight

Rules (IFR) at the Wenatchee Airport

and between the terminal and en route

transition stages.

The area would be depicted on

aeronautical charts for pilot reference.

The coordinates for this airspace docket

are based on North American Datum 83.

Class E airspace areas extending upward

from 700 feet or more above the surface

of the earth, are published in Paragraph

6005, of FAA Order 7400.9G dated

September 1, 1999, and effective

September 16, 1999, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in the Order.

The FAA has determined that this

proposed regulation only invokes an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current. It,

therefore, (1) is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under DOT Regulatory Policies

and Procedures (44 FR 11034; February

26, 1979); and (3) does not warrant

preparation of a Regulatory Evaluation

as the anticipated impact is so minimal.

Since this is a routine matter that will

only affect air traffic procedures and air

navigation, it is certified that this rule,

when promulgated, will not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9G, Airspace

Designations and Reporting Points,

dated September 1, 1999, and effective

September 16, 1999, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ANM WA E2 Wenatchee, WA

Wenatchee, Panghorn Memorial Airport, WA

(Lat. 47°23′55′′ N, long. 120°12′24′′ W)

Within a 4 mile radius of Panghorn

Memorial Airport, and within a 2.7 miles

each side of the Wenatchee VOR/DME 124°

radial extending from the 4-mile radius to 7

miles southeast of the VOR/DME.

* * * * *

Issued in Seattle, Washington, on May 12,

2000.

Daniel A. Boyle,

Acting Manager, Air Traffic Division,

Northwest Mountain Region.

[FR Doc. 00–13175 Filed 5–24–00; 8:45 am]

BILLING CODE 4910–13–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6704–8]

Minnesota: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Minnesota has applied to EPA

for Final authorization of the changes to

its hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). These changes include

granting the State authority for the wood

preserving rules, petroleum refinery

sludge listings, and technical

amendments to existing regulations.

EPA proposes to grant final

authorization to Minnesota. In the

‘‘Rules and Regulations’’ section of this

Federal Register, EPA is authorizing the

changes by an immediate final rule. EPA

did not make a proposal prior to the

immediate final rule because we believe

this action is not controversial and do

not expect comments that oppose it. We

have explained the reasons for this

authorization in the preamble to the

immediate final rule. Unless we get

written comments which oppose this

authorization during the comment

period, the immediate final rule will

become effective on the date it

establishes, and we will not take further

action on this proposal. If we get

comments that oppose this action, we

will withdraw the immediate final rule

and it will not take effect. We will then

respond to public comments in a later

final rule based on this proposal. You