5474 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules

1The ADAMHA Reorganization Act, Pub. L. 102–

321 (July 10, 1992), established SAMHSA as a

successor-in-interest to ADAMHA for the purpose,

inter alia, of administering the services oriented

functions previously the responsibility of

ADAMHA and created two block grant programs

including the SAPT program (now administered by

SAMHSA) to replace the ADMS Block Grant

program.

TABLE 1.—NATIONAL PRIORITIES LIST PROPOSED RULE NO. 31, GENERAL SUPERFUND SECTION

State Site name City/county

AR ................. Ouachita Nevada Wood Treater .................................................................................................................. Reader.

FL .................. Alaric Area Ground Water Plume ................................................................................................................. Tampa.

FL .................. Callaway & Son Drum Service ..................................................................................................................... Lake Alfred.

FL .................. Landia Chemical Company .......................................................................................................................... Lakeland.

NY ................. Old Roosevelt Field Contaminated Ground Water Area .............................................................................. Garden City.

WV ................ Big John Salvage—Hoult Road .................................................................................................................... Fairmont.

Number of Sites Proposed to General Superfund Section: 6.

TABLE 2.—NATIONAL PRIORITIES LIST PROPOSED RULE NO. 31, FEDERAL FACILITIES SECTION

State Site name City/county

VA ................. St. Juliens Creek Annex (U.S. Navy) ........................................................................................................... Chesapeake.

VA ................. Naval Weapons Station Yorktown—Cheatham Annex ................................................................................ Williamsburg.

Number of Sites Proposed to Federal Facilities Section: 2.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, hazardous waste,

Intergovernmental relations, Natural

resources, Oil pollution, penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp., p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Dated: January 28, 2000.

Timothy Fields, Jr.,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

[FR Doc. 00–2475 Filed 2–3–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

45 CFR Part 96

RIN 0930–AA04

Application Deadline for SAPT Block

Grant Program

AGENCY: HHS.

ACTION: Notice of proposed rule

making.

SUMMARY: The Substance Abuse and

Mental Health Services Administration

(SAMHSA) (formerly, the Alcohol, Drug

Abuse and Mental Health

Administration (ADAMHA)) has

permitted applicants for its Substance

Abuse Prevention and Treatment

(SAPT) Block Grant program to submit

an application for a grant as late as

March 31 of the fiscal year for which it

is applying. Starting with the fiscal year

2001 applications, SAMHSA is

proposing a new date for receipt of the

applications for SAPT Block Grants of

October 1 of the fiscal year for which

Block Grant funding is being requested.

However, the deadline for two

application components required to be

submitted by that due date may be

extended for a limited period, not to

extend beyond December 31 of the same

fiscal year when good cause is

demonstrated.

DATES: Written comments must be

received on or before March 20, 2000.

ADDRESSES: Written comments on the

proposed rule must be sent to Thomas

M. Reynolds, Room 13C–20, Parklawn

Bldg., 5600 Fishers Lane, Rockville, MD

20857.

FOR FURTHER INFORMATION CONTACT:

Thomas M. Reynolds. (301) 443–0179.

SUPPLEMENTARY INFORMATION: When

SAMHSA first implemented the SAPT

Block Grant program, a primary concern

was affording States sufficient time to

develop the increased information

required to apply for a grant under this

program as compared to the generally

less detailed application required under

the predecessor ADMS Block Grant

program administered by ADAMHA 1.

This was accomplished by affording

States the opportunity to delay

submitting their applications to as late

as March 31, fully six months into the

fiscal year for which funding is

requested (See 45 CFR 96.122(d). This

relatively late receipt date results in

insufficient time to administer the SAPT

Block Grant program in accordance with

all the governing provisions of law. This

is most noted under circumstances

calling for the clarification of

application data and, if necessary, the

conduct of hearings related to certain

adverse decisions needing resolution by

the end of the fiscal year. A tentative

adverse decision requires that the

applicant be provided an opportunity

for a hearing consistent with section

1945(e) of the Public Health Service

(PHS) Act, and there remains, as a

practical matter, insufficient time in the

fiscal year to provide a hearing, reach a

final decision, and possibly redistribute

withheld funds to the remaining

applicants as provided by law (see

section 1944 of the PHS Act).

States are now fully aware of the

application requirements and can

reasonably be expected to respond to an

earlier submission date. However, if a

State determines that it will not be able

to submit by October 1 either the report

as required at 45 CFR 96.130(e) on

Synar enforcement efforts and State

success in reducing youth access to

tobacco products during the preceding

fiscal year, or the information on State

expenditures during the preceding year

as required at 45 CFR 96.134(d), the

State may request an extension of the

due date(s) for a limited period, not to

extend past December 31 of the fiscal

year for which application is made. The

request for the extension must be signed

by the official with the authority to

apply for the grant or the Governor, and

must be submitted no later than

September 1 of the prior fiscal year. The

extension request must state for which

requirement the extension is requested;

include an explanation of why the State

is unable to comply with the due date

of October 1; state the date of

submission the State is requesting; and

Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules 5475

discuss whether there are steps the State

can take to avoid requiring an extension

in future years.

Due date extensions for these

requirements shall be granted in writing

by the SAMHSA official with delegated

authority to grant the extension.

The Department considered several

alternatives for addressing the issue of

timely application submission including

an inflexible deadline without provision

for extension, and no change in the

current due date in recognition of State

indications that timely submission of

these reports can be more difficult for

some States than others. It is SAMHSA’s

intent to move the application date to

October 1 as proposed by this notice

unless comments provide compelling

reasons to do otherwise. Therefore,

States should be preparing to submit

their applications by October 1, 2000 for

fiscal year 2001 funding.

Economic Impact

This rule does not have cost

implications for the economy of $100

million or otherwise meet the criteria

for a major rule under Executive Order

12291, and therefore does not require a

regulation impact analysis. Further, this

regulation will not have a significant

impact on a substantial number of small

entities, and therefore does not require

a regulatory flexibility analysis under

the Regulatory Flexibility Act of 1980.

Federalism Impact

This regulation would require States

to submit their applications for

Substance Abuse Prevention and

Treatment Block Grant funds by October

1 of the fiscal year for which they are

seeking funds. States in the past have

had until March 31 to submit the

application. This late due date (March

31) does not give the agency sufficient

time to carry out its responsibilities

under the law.

SAMHSA consulted with the State

organizations in the development of

legislative proposals concerning the

application due date and in the crafting

of this NPRM. Most States indicated that

they have become familiar with the

application and that it would not be an

undue hardship on them to meet this

new requirement if there can be an

extension until December 31 with

regard to both maintenance of effort and

Synar information. Since proposed

Section 96.122(d) allows for such an

extension with regard to these elements

of the applications, we do not believe

that there is a significant Federalism

impact.

Regulatory Evaluation

This proposal is not a significant

regulatory action under Section 3(f) of

the Executive Order 12866 and does not

require an assessment of the potential

costs and benefits under Section 6(a)(3)

of that Order and so has been exempted

from review by the Office of

Management and Budget under that

Order.

Paperwork Reduction Act of 1995

This proposed rule contains

information collections which are

subject to review by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1995

(the PRA)(44 U.S.C. 3507(d)). The title,

description and respondent description

of the information collections are shown

in the following paragraphs with an

estimate of the annual reporting and

recordkeeping burden. Included in the

estimate is the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Title: Application Deadline for SAPT

Block Grant Program

Description: The Secretary is

proposing to issue regulations to change

the receipt date of SAPT Block Grant

applications starting with the Federal

Fiscal Year (FY) 2001 from March 31 to

October 1. All elements of the

application reporting requirements

would be due October 1. However,

States may request an extension of time

for reporting State expenditures

necessary to determine compliance with

the Maintenance of Effort (MOE)

requirement and/or to submit required

Synar information for a period up to

December 31. This change will allow

HHS to review grant applications and

make grant awards to all States earlier

in the fiscal year. It will also provide

additional time for sufficient planning

in the event of any penalty actions that

may be required, while recognizing the

inability of some States to report the

MOE and Synar data prior to December

31.

Description of Respondents: State and

tribal governments.

Response burden estimate:

Information collection language for the

current rule is approved by OMB under

control number 0930–0165 (Synar

reporting requirements on youth access

to tobacco) and control number 0930–

0162 (for all other aspects of the annual

application). The Substance Abuse

Prevention and Treatment Block Grant

uniform application format for FY

2000–FY 2002 is approved by OMB

under control number 0930–0080. None

of the specifics of these reporting

requirements are being changed. Only

the due date of the uniform application

is impacted by this proposed rule.

At present, approximately half of all

eligible block grant applicants routinely

submit their uniform application for

block grant funds on or before

September 30 of the fiscal year

preceding the fiscal year for which they

are applying for funds. Approximately

one half of all eligible applicants submit

their uniform applications between

October 1 and March 31 of the fiscal

year for which block grant funds are

being made available.

SAMHSA recognizes that the earlier

receipt date will have an impact on the

applicants, particularly those that have

typically submitted their uniform

application after September 30. Since

the contents of the uniform application

are not changing, it is difficult to

estimate the additional response burden

and associated costs for the first year of

this change of receipt date (no

additional burden is estimated for this

change for future years). Therefore, a

nominal response burden for each

applicant of one hour is provided. In

addition, it is conservatively assumed

that all applicants will request an

extension of the MOE and Synar

reporting, and one hour is estimated for

preparation of such a request.

Thus, for the first year of

implementation, total response burden

is estimated at 120 hours. For

subsequent years, the burden estimate is

60 hours. Comments on these estimates

are invited.

ANNUAL REPORTING BURDEN

45 CFR Citation and Purpose No. of

respondents

Responses

per

respondent

Hours per

response Total hours

96.122(d) Due date for annual report ...................................................................... 60 1 1 60

96.122(d) Extension requests associated with MOE and Synar ............................. 60 1 1 60

Total .............................................................................................................. 60 ...................... ...................... 120

5476 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules

As required by section 3507(d) of the

PRA, the Secretary has submitted a copy

of this proposed rule to OMB for its

review. Comments on the information

collection requirements are specifically

solicited in order to: (1) Evaluate

whether the proposed collection of

information is necessary for the proper

performance of HHS functions,

including whether the information will

have practical utility; (2) evaluate the

accuracy of the HHS estimate of the

burden of the proposed collection of

information, including the validity of

the methodology and assumptions used;

(3) enhance the quality, utility, and

clarity of the information to be

collected; and (4) minimize the burden

of the collection of information on those

who are to respond, including the use

of appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology.

OMB is required to make a decision

concerning the collection of information

contained in these proposed regulations

between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication. This does not affect the

deadline for the public to comment to

HHS on the proposed regulations.

Organizations and individuals

desiring to submit comments on the

information collection requirements

should direct them to the Office of

Information and Regulatory Affairs,

OMB. (address above).

List of Subjects in 45 CFR Part 96

Administrative practice and

procedure, Grant programs—health,

Health care.

Dated: January 31, 2000.

Donna E. Shalala,

Secretary.

For the reasons set forth in the

preamble, the Department proposes to

amend Subpart L of Part 96 of Title 45

of the Code of Federal Regulations as

follows:

PART 96—BLOCK GRANTS

Subpart L—Substance Abuse

Prevention and Treatment Block Grant

1. The authority citation for Subpart

L of Part 96 continues to read as follows:

Authority: 42 U.S.C. 300x–21 to 300x–35

and 300x–51 to 300x–64.

2. Section 96.122 (d) is revised to read

as follows:

§ 96.122 Application content and

procedure.

* * * * *

(d) The application (in substantial

compliance with the statutory and

regulatory provisions for the Block

Grant) shall for fiscal years through

fiscal year 2000, be submitted no later

than March 31 of the fiscal year for

which the State is applying. Beginning

with the fiscal year 2001 application, all

required components for a complete

application must be submitted no later

than October 1 of the fiscal year for

which Block Grant funding is being

requested. The submission date for the

report required by § 96.130(e) to be

submitted with the application and/or

the information required by § 96.134(b)

may be extended for good cause shown

in a request signed by the official

authorized to apply for the Block Grant

funding on behalf of the State, or the

Governor. The State should request an

extension for only the amount of time

necessary. In no event will an extension

be granted past December 31 of the

fiscal year for which application is

made. All requests to extend the due

date must be submitted no later than

September 1 of the prior fiscal year and

addressed to the same address as

specified for the grant application.

Extension requests must state for which

requirement an extension is sought, the

date of submission sought, why the

State is unable to meet the October 1

due date, and discuss if there are steps

the State will be able to take to avoid

requiring an extension in future years,

or if not, why not. Extension requests

complying with these requirements will

be acted upon no later than September

20 of the fiscal year prior to the year for

which application is to be made. Due

date extensions regarding the § 96.130(e)

report and regarding the § 96.134(d)

information shall only be granted in

writing. In order for an applicant to

have complied with the requirements of

section 1932(a)(1) of the Public Health

Service Act (42 U.S.C. 300x-32(a)(2)), it

is necessary that the components of the

application have been submitted by the

date indicated or as extended pursuant

to the above.

* * * * *

[FR Doc. 00–2444 Filed 2–1–00; 10:25 am]

BILLING CODE 4162–20–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 12-Month Finding for a

Petition To List the Black-Tailed Prairie

Dog as Threatened

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 12-month petition

finding.

SUMMARY: We, the Fish and Wildlife

Service, announce a 12-month finding

for a petition to list the black-tailed

prairie dog (Cynomys ludovicianus) as

threatened throughout its range under

the Endangered Species Act of 1973, as

amended (Act). After reviewing all

available scientific and commercial

information, we have determined that

listing this species is warranted but

precluded by other higher priority

actions to amend the Lists of

Endangered and Threatened Wildlife

and Plants. Upon publication of this

notice of 12-month petition finding, the

black-tailed prairie dog will be added to

our candidate species list.

This decision is based on—the

number, variety, and significance of

threats affecting the species, especially

sylvatic plague (an exotic disease to

which the species has no resistance) and

inadequate regulatory mechanisms

(some areas mandate eradication);

evidence of recent general population

declines in a significant portion of the

species’ range; and cumulative

rangewide population data indicating

overall population declines since 1980.

DATES: The finding announced in this

document was made on February 4,

2000.

ADDRESSES: You may submit data,

information, comments, or questions

concerning this finding to the Field

Supervisor, U.S. Fish and Wildlife

Service, 420 South Garfield, Suite 400,

Pierre, South Dakota 57501. You may

inspect the petition finding, supporting

data, and comments by appointment

during normal business hours at the

above address. The petition finding also

will be available at the Service’s Region

6 website at <www.r6.fws.gov/

btprairiedog>.

FOR FURTHER INFORMATION CONTACT: Pete

Gober, Field Supervisor, South Dakota

Field Office (see ADDRESSES section),

telephone (605) 224–8693, extension 24,

or facsimile (605) 224–9974.

SUPPLEMENTARY INFORMATION: