64348 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

why it is information that would not

customarily be publicly released by the

submitter. Information provided by a

business submitter pursuant to this

paragraph may itself be subject to

disclosure under the FOIA.

(c) The period for providing OPIC

with objections to disclosure of

information may be extended by OPIC

upon receipt of a written request for an

extension from the business submitter.

Such written request shall set forth the

date upon which any objections are

expected to be completed and shall

provide reasonable justification for the

extension. In its discretion, OPIC may

permit more than one extension.

(d) OPIC may accept or reject the

submitter’s objections, in whole or in

part. If OPIC rejects the submitter’s

objections, in whole or in part, OPIC

will promptly notify the business

submitter of its determination at least

five working days prior to release of the

information. The notification will

include:

(1) A statement of the reasons for

OPIC’s decision to reject the business

submitter’s objections;

(2) A description of the information to

be disclosed, or a copy thereof; and

(3) A specific disclosure date.

(e) OPIC will not ordinarily notify the

business submitter pursuant to

paragraph (a) of this section if:

(1) OPIC determines that the FOIA

request should be denied;

(2) The disclosure is required by law

(other than pursuant to 5 U.S.C. 552); or

(3) The information has been

published or otherwise made available

to the public, including material

described in § 706.21.

§ 706.43 Who will OPIC notify if a FOIA

lawsuit is filed?

If a requester files a lawsuit seeking to

compel the disclosure of business

information, OPIC will promptly notify

any business submitter(s) that submitted

information at issue in the lawsuit.

§ 706.44 What happens to business

information contained in OPIC records

transferred to the National Archives of the

United States?

Under the Records Disposal Act, 44

U.S.C. Chapter 33, OPIC is required to

transfer legal custody and control of

records with permanent historical value

to the National Archives. OPIC’s

Finance Project and Insurance Contract

Case files generally do not qualify as

records with permanent historical value.

OPIC will not transfer these files except

when the National Archives determines

that an individual project or case is

especially significant or unique. If the

National Archives receives a FOIA

request for records that have been

transferred it will respond to the request

in accordance with its own FOIA

regulations.

Dated: October 24, 2000.

Laura A. Naide,

FOIA Director and Senior Administrative

Counsel.

[FR Doc. 00–27704 Filed 10–26–00; 8:45 am]

BILLING CODE 3210–01–U

DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 884

RIN 0701–AA60

Delivery of Personnel to United States

Civilian Authorities for Trial

AGENCY: Department of the Air Force,

DoD.

ACTION: Final rule.

SUMMARY: The Department of the Air

Force is revising 32 CFR Part 884,

Delivery of Personnel to United States

Civilian Authorities for Trial of the

Code of Federal Regulations to reflect

current policies. Part 884 is the Air

Force Instruction establishing

procedures for making Air Force

members, civilian personnel, and family

members available to U.S. civilian

authorities for the trial or specified

court appearances. It updates the

process for delivery of personnel to

civilian authorities for trial.

EFFECTIVE DATE: November 1, 2000.

ADDRESSES: Lt. Col. Tom Jaster, AFLSA/

JAJM, 112 Luke Avenue, Suite 343,

Bolling Air Force Base, DC 20332–8000,

202–767–1539.

FOR FURTHER INFORMATION CONTACT: Lt.

Col. Tom Jaster, AFLSA/JAJM, 202–

767–1539.

SUPPLEMENTARY INFORMATION: Part 884

implements Department of Defense

(DoD) Directive 5525.9, Compliance of

DoD Members, Employees, and Family

Members Outside the United States

With Court Orders, December 27, 1988

and AFPD 51–10, Making Military

Personnel, Employees, and Dependents

Available to Civilian Authorities.

List of Subjects in 32 CFR Part 884

Courts, Government employees, Law

enforcement, Military personnel.

For the reasons set forth in the

preamble, the Department of the Air

Force is revising 32 CFR Part 884 as

follows:

PART 884—DELIVERY OF

PERSONNEL TO UNITED STATES

CIVILIAN AUTHORITIES FOR TRIAL

Sec.

884.0 Purpose.

884.1 Authority.

884.2 Assigned responsibilities.

884.3 Placing member under restraint

pending delivery.

884.4 Release on bail or recognizance.

884.5 Requests under the interstate

agreement on Detainer’s Act.

884.6 Requests by Federal authorities for

military personnel stationed within the

United States and its possessions.

884.7 Requests by state and local

authorities when the requested member

is located in that state.

884.8 Request for delivery by state

authorities when the member is located

in a different state.

884.9 Requests for custody of members

stationed outside the United States.

884.10 Returning members, employees, and

family members from overseas.

884.11 Procedures for return of an Air force

member to the United States.

884.12 Delays in returning members to the

United States.

884.13 Denials of a request for return of a

member to the United States.

884.14 Compliance with court orders by

civilian employees and family members.

884.15 Procedures involving a request by

Federal or state authorities for custody of

an overseas civilian employee or a

command-sponsored family member.

884.16 Reporting requests for assistance

and action.

884.17 Commander’s instruction letter to

member.

884.18 Civilian authority’s

acknowledgment of transfer of custody

and agreement to notify member’s

commander.

Authority: 10 U.S.C. 814; 10 U.S.C. 8013;

Sec. 721(a), Pub. L. 100–456, 102 Stat. 2001.

§ 884.0 Purpose.

This part establishes procedures for

making Air Force members, civilian

personnel, and family members

available to U.S. civilian authorities for

trial or specified court appearances. It

implements 32 CFR part 146. This part

does not confer any rights, benefits,

privileges, or form of due process

procedure upon any individuals.

§ 884.1 Authority.

A general court martial convening

authority (GCMCA) may authorize

delivery of a member of that command

to Federal or state civil authorities. The

GCMCA may delegate this authority to

an installation or equivalent

commander. See AFPD 51–10, Making

Military Personnel, Employees, and

Dependents Available to Civilian

Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations 64349

1Air Force publications may be obtained through

NTIS, 5285 Port Royal Road, Springfield, VA 22161,

if not available online at http://afpubs.hq.af.mil.

2See footnote in § 884.1. 3See footnote in § 884.1.

authorities,1 paragraphs 8 and 9 for

sources of authority.

§ 884.2 Assigned responsibilities.

(a) The Under Secretary of Defense

(USD), Personnel & Readiness (P&R), is

the denial authority for all requests for

return of members to the United States

for delivery to civilian authorities when

the request falls under § 884.9(e).

(b) The Air Force Judge Advocate

General (TJAG) may approve requests

that fall under § 884.9(e) or recommend

denial of such requests. TJAG or a

designee may approve or deny:

(1) Requests for return of members to

the United States for delivery to civilian

authorities when the request falls under

§ 884.9(f).

(2) Requests for delays of up to 90

days completing action on requests for

return of members to the United States

for delivery to civilian authorities.

(c) The Air Force Legal Services

Agency’s Military Justice Division (HQ

AFLSA/JAJM), 172 Luke Avenue, Suite

343, Bolling AFB, DC 20332–5113,

processes requests for return of

members to the United States for

delivery to civilian authorities and

notifies requesting authorities of

decisions on requests. HQ AFLSA/JAJM

completes action on requests within 30

days after receipt of the request, unless

a delay is granted; they send all reports

and notifications to USD/P&R and to the

DoD General Counsel (DoD/GC), as

required by this part; and they handle

all communications with requesters.

§ 884.3 Placing member under restraint

pending delivery.

Continue restraint only as long as is

reasonably necessary to deliver the

member to civilian authorities. See

AFPD 51–10, paragraph 5. To determine

whether probable cause exists and

whether a reasonable belief exists that

restraint is necessary, the commander

should refer to the Manual for CourtsMartial (MCM), 1984, specifically, Rules

for Courts-Martial (RCM) 305(h)(2)(B),

and the discussion following it. The

requirement for the formal review of

restraint found in MCM 1984, RCM 305,

and AFI 51–201, Military Justice

Guide,2 does not apply.

§ 884.4 Release on bail or recognizance.

(a) Before delivering an Air Force

member to a civilian authority, the

commander or designee directs the

member in writing to report to a

designated Air Force unit, activity, or

recruiting office for further instructions

in the event the civilian authority

releases the member (see § 884.17). The

commander designates the member’s

unit, if the civilian authority is in the

immediate vicinity of the member’s

base. The commander advises the

designated Air Force unit, activity, or

recruiting office of the situation. Once

the member has been released and has

reported to the designated authority, it

immediately sends the member’s name,

rank, Social Security number (SSN).

organization, and other pertinent

information to the member’s

commander, who then provides further

instructions.

(b) The member’s commander notifies

the military personnel flight (MPF) of

the situation. In turn, the MPF provides

an information copy to the Air Force

Personnel Center (AFPC) assignment

office responsible for the member’s Air

Force specialty code (AFSC), as listed in

AFMAN 36–2105, Officer

Classification,3 or AFMAN 36–2108,

Airman Classification. 3 If contact

cannot be made with the member’s

commander, the Air Force unit, activity,

or recruiting office previously

designated by the commander obtains

instructions from HQ AFPC/DPMARS or

DPMRPP2.

§ 884.5 Requests under the Interstate

agreement on Detainer’s Act.

When either the prisoner or state

authorities make a request under the

Detainer’s Act, follow the procedures in

Title 18 U.S.C. App. Section 1, et seq.

The Act applies only to a person who

has entered upon a term of

imprisonment in a penal or correctional

institution and is, therefore inapplicable

to members in pretrial confinement.

§ 884.6 Request by Federal authorities for

military personnel stationed within the

United States and its possessions.

(a) When Federal authorities request

the delivery of service members, the Air

Force will normally deliver service

members when the request is

accompanied by a warrant issued

pursuant to the Federal Rules of

Criminal Procedure, rule 4, or when a

properly identified Federal officer

represents that such a warrant has been

issued.

(b) A U.S. marshal, deputy marshal, or

other officer authorized by law will call

for and take into custody persons

desired by Federal authorities for trial.

The officer taking custody must execute

a statement in substantially the form set

out in § 884.18.

§ 884.7 Requests by state and local

authorities when the requested member is

located in that state.

(a) The Air Force normally will turn

over to the civilian authorities of the

state, upon their request. Air Force

members charged with an offense

against state or local law. Each request

by such civilian authorities for the

surrender of a member of the Air Force

should normally be accompanied by a

copy of an indictment, information, or

other document used in the state to

prefer charges, or a warrant that reflects

the charges and is issued by a court of

competent jurisdiction.

(b) Before making delivery to civilian

authorities of a state, the commander

having authority to deliver will obtain a

written agreement, substantially in the

form of § 884.18, from a duly authorized

officer of the state.

(c) Where the state authority cannot

agree to one or more of the conditions

set out in the form, the commander may

authorize modification. The

requirements of the agreement are

substantially met when the state

authority informs the accused’s

commander of the accused’s prospective

release for return to military authorities

and when the state furnishes the

accused transportation back to his or her

station, together with necessary funds to

cover incidental expenses en route. The

accused’s commander provides copies

of the statement or agreement of this

section and in § 884.6(b) to the civilian

authority to whom the member was

delivered and to the Air Force unit,

activity, or recruiting office nearest to

the place of trial designated in the

agreement as the point of contact in the

event of release on bail or on

recognizance (see § 884.4). The

accused’s commander immediately

notifies the civilian authority if the

member has been discharged from the

Air Force.

§ 884.8 Request for delivery by state

authorities when the member is located in

a different state.

(a) This part applies to members who

are located in the United States. With

respect to the extradition process, Air

Force personnel have the same status as

persons not in the Armed Forces.

Accordingly, if a state other than the

state in which the member is located

requests the delivery of a military

member, in the absence of a waiver of

extradition process by the member

concerned, that state must use its

normal extradition procedures to make

arrangements to take the individual into

custody in the state where he or she is

located.

64350 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

4See footnote in § 884.1

(b) The Air Force will not transfer a

military member from a base within one

state to a base within another state for

the purpose of making the member

amenable to prosecution by civilian

authorities.

§ 884.9 Request for custody of members

stationed outside the United States.

(a) Authority. This section

implements Pub. L. 100–456, section

721(a), and DoD Directive 5525.9,

December 27, 1988.

(b) The Air Force expects members to

comply with orders issued by Federal or

state court of competent jurisdiction,

unless noncompliance is legally

justified. Air Force members who

persist in noncompliance are subject to

adverse administrative action, including

separation for cause under AFI 36–3206,

Administrative Discharge Procedures,

and AFI 36–3208, Administrative

Separation of Airmen.

(c) Air Force officials will ensure that

members do not use assignments or

officially sponsored residence outside

the United States to avoid compliance

with valid orders of Federal or state

court of competent jurisdiction.

(d) Noncompliance with a court order

may be legally justified when the

individual can adequately demonstrate

that the conduct, which is the subject of

the complaint or request, was

sanctioned by supplemental court

orders, equally valid court orders of

other jurisdictions, good faith legal

efforts to resist the request, or other

reasons. HQ USAF/JAG, HQ AFLSA/

JACA, and Air Force legal offices in the

jurisdiction concerned will provide

legal support to servicing staff judge

advocates who request assistance in

reviewing these issues.

(e) When Federal, state, or local

authorities request delivery of an Air

Force member stationed outside the

United States who is convicted of or

charged with a felony or other serious

offense or who is sought by such

authorities in connection with the

unlawful or contemptuous taking of a

child from the jurisdiction of a court or

from the lawful custody of another

person, the member’s commander will

normally expeditiously return the

member to the United States for delivery

to the requesting authorities.

(1) A serious offense is defined as one

punishable by confinement for more

than 1 year under the laws of the

requesting jurisdiction.

(2) Delivery of the member is not

required if the controversy can be

resolved without returning the member

to the United States or if the request for

delivery of the member is denied in

accordance with this instruction.

(f) Ordinarily, do not return an Air

Force member stationed outside the

United States to the United States for

delivery to civilian authorities if the

offense is not specified in paragraph (e)

of this section. TJAG may direct return

when deemed appropriate under the

facts and circumstances of the particular

case.

(g) Before taking action under this

section, give the member the

opportunity to provide evidence of legal

efforts to resist the court order or

process sought to be enforced or

otherwise to show legitimate cause for

noncompliance.4

§ 884.10 Returning members, employees,

and family members from overseas.

The Air Force expects persons

overseas wanted by Federal or state

authorities to make themselves available

to those authorities for disposition. If

they do not, DoD Directive 5525.9,

Compliance of DoD Members,

Employees, and Family Members

Outside the United States With Court

Orders, 10 U.S.C. 814, and Pub. L. 100–

456, section 721(a), authorize and

require commanders to respond

promptly to requests from civilian

authorities for assistance in returning

members, civilian employees, and

family members from overseas.

§ 884.11 Procedures for return of an Air

Force member to the United States.

(a) Include the following information

in a request for return of an Air Force

member to the United States for delivery

to civilian authorities.

(1) Fully identify the member sought

by providing the member’s name, grade,

SSN, and unit of assignment, to the

extent the information is known.

(2) Specify the offense for which the

member is sought. If the member is

charged with a crime, specify the

maximum punishment under the laws

of the requesting jurisdiction. Specify

whether the member is sought in

connection with the unlawful or

contemptuous taking of a child from the

jurisdiction of a court or the lawful

custody of another.

(3) Include copies of all relevant

requests for assistance, indictments,

information, or other instruments used

to bring charges, all relevant court

orders or decrees, and all arrest

warrants, writs of attachment or capias

(writs authorizing arrests), or other

process directing or authorizing the

requesting authorities to take the

member into custody. Also, include

reports of investigation and other

materials concerning the background of

the case if reasonably available.

(4) Indicate whether the requesting

authorities will secure the member’s

lawful delivery or extradition from the

port of entry to the requesting

jurisdiction, whether they will do so at

their own expense, and whether they

will notify HQ AFLSA/JAJM of the

member’s release from custody and of

the ultimate disposition of the matter.

(5) Any U.S. attorney or assistant U.S.

attorney, governor or other duly

authorized officer of a requesting state

or local jurisdiction, or the judge,

magistrate, or clerk of a court of

competent jurisdiction must sign the

request.

(b) Civilian authorities making

requests for return of members to the

United States for delivery to them

should direct their request to HQ

AFLSA/JAJM. If another Air Force

agency or official receives the request,

immediately send it to HQ AFLSA/

JAJM.

(c) Upon receipt of a request, HQ

AFLSA/JAJM promptly notifies the

member’s commander, who consults

with the servicing staff judge advocate.

The commander provides a report of

relevant facts and circumstances and

recommended disposition of the request

through command channels to HQ

AFLSA/JAJM. If the commander

recommends denial of the request or a

delay in processing or approving it, the

commander provides the information

specified in § 884.12(a)(1) through (a)(4)

or § 884.13(a)(1) through (a)(4).

(d) After proper authority has

approved a request for return of a

member to the United States for delivery

to civilian authorities, HQ AFLSA/JAJM

notifies AFPC of the decision to return

the member to the United States. AFPC

issues permanent change of station

(PCS) orders, assigning the member to

an installation as close to the requesting

jurisdiction as possible, considering the

needs of the Air Force for personnel in

the member’s rank and AFSC.

(e) HQ AFLSA/JAJM notifies

requesting authorities of the member’s

new assignment, port of entry into the

United States and estimated time of

arrival. Except during unusual

circumstances, HQ AFLSA/JAJM

notifies requesting authorities at least 10

days before the member’s return.

§ 884.12 Delays in returning members to

the United States.

(a) On a request to return a member

to the United States for delivery to

civilian authorities. TJAG may grant a

delay of not more than 90 days in

completing action when one or more of

the following are present:

(1) Efforts are in progress to resolve

the controversy to the satisfaction of the

Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations 64351

5See footnote in § 884.1. 6See footnote in § 884.1

requesting authorities without the

member’s return to the United States.

(2) Additional time is required to

permit the member to provide

satisfactory evidence of legal efforts to

resist the request or to show legitimate

cause for noncompliance.

(3) Additional time is required to

permit the commander to determine the

specific effect of the loss of the member

on command mission and readiness or

to determine pertinent facts and

circumstances relating to any

international agreement, foreign judicial

proceeding, DoD, Air Force, or other

military department investigation or

court-martial affecting the member.

(4) Other unusual facts or

circumstances warrant delay.

(b) AFLSA/JAJM promptly reports all

delays in cases falling under AFPD 51–

10,5 paragraph 3, through SAF/GC and

SAF/MI or USD/P&R and to DoD/GC.

(c) Delays in excess of 90 days are not

authorized in cases falling under AFPD

51–10, paragraph 3, unless approved by

USD/P&R.

§ 884.13 Denials of a request for return of

a member to the United States.

(a) A request for return of a member

to the United States for delivery to

civilian authorities may be denied

when:

(1) The member’s return would have

an adverse impact on operational

readiness or mission requirements.

(2) An international agreement

precludes the member’s return.

(3) The member is the subject of

foreign judicial proceedings, courtmartial, or a DoD, Air Force, or other

military department investigation.

(4) The member showed satisfactory

evidence of legal efforts to resist the

request or other legitimate cause for

noncompliance or when other unusual

facts or circumstances warrant a denial.

(b) Commanders promptly send to HQ

AFLSA/JAJM information supporting a

determination that denial may be

appropriate. In cases warranting denial,

TJAG promptly sends a

recommendation and supporting

documentation, through SAF/GC and

SAF/MI, to USD/P&R for decision.

(c) The fact that a recommendation for

denial is pending does not by itself

authorize noncompliance or a delay in

compliance with any provision of this

section, but TJAG may consider a

pending request for denial in

determining whether to grant a delay.

§ 884.14 Compliance with court orders by

civilian employees and family members.

(a) The Air Force expects civilian

employees and family members to

comply with orders issued by Federal or

state court of competent jurisdiction,

unless noncompliance is legally

justified. Air Force civilian employees

who persist in noncompliance are

subject to adverse administrative action,

including separation for cause as

provided in AFI 36–704, Discipline and

Adverse Actions (PA).6

(b) Air Force officials ensure that

civilian personnel and family members

do not use assignments or officially

sponsored residence outside the United

States to avoid compliance with valid

orders of Federal or state court of

competent jurisdiction.

§ 884.15 Procedures involving a request

by Federal or state authorities for custody

of an overseas civilian employee or a

command-sponsored family member.

(a) The procedures of this section

apply to civilian employees, including

nonappropriated fund instrumentality

(NAFI) employees, who are assigned

outside the United States, and to

command-sponsored family members

residing outside the United States.

(b) This section applies only when Air

Force authorities receive a request for

assistance from Federal, state, or local

authorities involving noncompliance

with a court order and when

noncompliance is the subject of any of

the following: An arrest warrant;

indictment, information, or other

document used in the jurisdiction to

prefer charges; or a contempt citation

involving the unlawful or contemptuous

removal of a child from the jurisdiction

of the court or the lawful custody of a

parent or third party.

(c) To the maximum extent possible,

consistent with provisions of

international agreements and foreign

court orders, DoD and military

department investigations, and judicial

proceedings, commanders comply with

requests for assistance. After exhausting

all reasonable efforts to resolve the

matter without the employee or family

member returning to the United States,

the commander shall strongly encourage

the individual to comply. The

commander shall consider imposing

disciplinary action (including removal)

against the employee or withdrawing

command sponsorship of the family

member, as appropriate, for failure to

comply.

§ 884.16 Reporting requests for assistance

and action.

The commander or designee promptly

reports each request for assistance and

intended action by message. Send

reports to HQ AFLSA/JAJM, which

submits required reports, through

channels, to USD/P&R, HQ AFLSA/

JAJM conducts all communications with

requesters.

§ 884.17 Commander’s instruction letter to

member.

Subject: Instructions in Case of Release on

Bail or Personal Recognizance

1. You are being delivered to the custody

of civilian authorities, pursuant to the

provisions of AFI 51–1001. This action does

not constitute a discharge from the Air Force.

In the event that you are released from

civilian custody on bail or on your own

recognizance, report immediately in person

or by telephone to the (Air Force unit,

activity, or recruiting office) for further

instructions. Advise the commander of your

name, rank, SSN, organization, the

circumstances of your release from custody,

and the contents of this letter.

2. Certain restrictions may be placed upon

you by civilian authorities in connection

with your temporary release from custody. Be

certain to include in your report what these

limitations are.

3. AFI 51–1001, paragraph 4 provides that

the authority to whom you report will notify

your commander. If that is not possible,

request the nearest Air Force base military

personnel flight to contact HQ AFPC/

DPMARS or DPMRPP2 by the fastest means

available. Provide your name, rank, SSN,

organization, and the circumstances of your

release; further instruction will then be given

to you.

[Signature Element]

§ 884.18 Civilian Authority’s

acknowledgment of Transfer of Custody

and Agreement to Notify Member’s

Commander.

1. A warrant for the arrest of (name, rank,

and SSN), hereinafter referred to as the

‘‘member,’’ and who is charged with

(offenses) has been issued by (civilian

authority) and in execution, thereof, I accept

his or her custody.

2. In consideration of the delivery of

member at (location) to me for trial upon the

above charge, pursuant to the authority

vested in me as (position), I hereby agree to

the following:

a. The commander (name, rank, unit,

telephone), will be advised of the disposition

of the charges.

b. The member will be immediately

returned to the custody of the military upon

completion of the trial, if acquitted; or upon

satisfying the sentence imposed, if convicted;

or upon other disposition of the case.

c. The member’s return will be to (location)

or to such other place as may be designated

by the Department of the Air Force.

3. The member’s return will not be

required if the member’s commander has

indicated that return is not appropriate.

Instead of actual delivery, transportation for

the member may be arranged so long as it is

without expense to the United States or to

the member.

4. Pending disposition of the charges, the

member will remain in the custody of [name

of agency and location], unless released on

bail or the member’s own recognizance, in

64352 Federal Register / Vol. 65, No. 209 / Friday, October 27, 2000 / Rules and Regulations

which event [Air Force unit, activity, or

recruiting office nearest place of trial] will be

notified.

[Signature Element]

Janet A. Long,

Air Federal Register Liaison Officer.

[FR Doc. 00–27520 Filed 10–26–00; 8:45 am]

BILLING CODE 5001–05–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–00–243]

Drawbridge Operation Regulations;

Hutchinson River, Eastchester Creek,

NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, First Coast

Guard District, has issued a temporary

deviation from the drawbridge operation

regulations for the South Fulton Avenue

Bridge, mile 2.9, across the Eastchester

Creek in New York. This deviation from

the regulations allows the bridge owner

to keep the bridge in the closed

position, from 8 a.m. Monday through

4:30 p.m. Thursday, for four weeks,

October 23, 2000, through November 17,

2000. This action is necessary to

facilitate sidewalk replacement at the

bridge.

DATES: This deviation is effective

October 23, 2000, through November 17,

2000.

FOR FURTHER INFORMATION CONTACT: Joe

Schmied, Project Officer, First Coast

Guard District, at (212) 668–7165.

SUPPLEMENTARY INFORMATION: The South

Fulton Avenue Bridge, mile 2.9, across

the Eastchester Creek has a vertical

clearance of 6 feet at mean high water,

and 13 feet at mean low water in the

closed position. The bridge owner,

Westchester County Department of

Public Works (WCDPW), requested a

temporary deviation from the operating

regulations to facilitate sidewalk

replacement at the bridge. The existing

operating regulations at 33 CFR

117.793(c) require the bridge to open on

signal from three-hours before to threehours after high tide. At all other times

the bridge shall open on signal if at least

four-hours advance notice is given.

This deviation to the operating

regulations allows the owner of the

South Fulton Avenue Bridge to keep the

bridge in the closed position from 8 a.m.

Monday through 4:30 p.m. Thursday,

for four weeks, October 23, 2000

through November 17, 2000. Vessels

that can pass under the bridge without

an opening may do so at all times.

In accordance with 33 CFR 117.35(c),

this work will be performed with all due

speed in order to return the bridge to

normal operation as soon as possible.

This deviation from the operating

regulations is authorized under 33 CFR

117.35.

Dated: October 6, 2000.

G.N. Naccara,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 00–27666 Filed 10–26–00; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AL–200018; FRL–6892–2]

Approval and Promulgation of State

Implementation Plans (SIP) for the

State of Alabama—Call for 1-Hour

Attainment Demonstration for the

Birmingham, Alabama Marginal Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is issuing a State

Implementation Plan (SIP) call to

require the State of Alabama to submit

a 1-hour ozone attainment SIP for the

Birmingham marginal nonattainment

area within six months of the effective

date of this final SIP call. EPA is issuing

this SIP call because we find, in light of

the Birmingham area’s continued

nonattainment for ozone, that the

Alabama SIP is substantially inadequate

to attain the 1-hour ozone national

ambient air quality standard (NAAQS).

In light of this finding, section 110(k)(5)

of the Clean Air Act (CAA) authorizes

EPA to require Alabama to submit a 1-

hour ozone attainment plan for the

Birmingham area to correct this

inadequacy. If the State of Alabama fails

to submit an attainment SIP in response

to this SIP call, EPA will issue a finding

that the State failed to submit a required

SIP pursuant to section 179(a) of the

CAA. The finding would start the clocks

for mandatory sanctions and

development of a federal

implementation plan (FIP).

EFFECTIVE DATE: November 27, 2000.

ADDRESSES: Persons interested in

examining these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day. Please reference

file AL–200018. The Region 4 office

may have additional background

documents not available at the other

locations. Copies of documents relative

to this action are available for public

inspection during normal business

hours at the following locations:

Environmental Protection Agency,

Region 4 Air Planning Branch, Atlanta

Federal Center, 61 Forsyth Street, SW,

Atlanta, Georgia 30303–3104.

FOR FURTHER INFORMATION CONTACT:

Kimberly Bingham, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides and Toxics Management

Division, Region 4, Environmental

Protection Agency, Atlanta Federal

Center, 61 Forsyth Street, SW, Atlanta,

Georgia 30303. The telephone number is

(404) 562–9038. Ms. Bingham can also

be reached via electronic mail at

Bingham.Kimberly@epa.gov.

SUPPLEMENTARY INFORMATION: The

supplemental information is organized

in the following order:

I. Background

II. Why is EPA issuing this SIP call for the

Birmingham marginal ozone

nonattainment area?

III. What happens if the State of Alabama

does not submit a SIP responding to this

SIP call?

IV. Response to Comments received on the

Proposed SIP call

V. Administrative Requirements

I. Background

On November 15, 1990, Jefferson and

Shelby Counties, Alabama, were

designated as the Birmingham marginal

ozone nonattainment area. Section

182(f)(1)(A) of the CAA provides for an

exemption for New Source Review

offsets for nitrogen oxides (NOX) in

ozone nonattainment areas where a state

shows and EPA agrees that additional

NOX reductions would not contribute to

attainment of the ozone standard in that

area. In 1992, the Alabama Department

of Environmental Management (ADEM)

requested and received from EPA a NOX

exemption under this statutory

provision for the Birmingham marginal

ozone nonattainment area (58 FR

45439).

Section 107(d)(3)(E) of the CAA sets

forth five specific requirements that

states must include in a redesignation

request in order for EPA to redesignate

an area from nonattainment to

attainment. EPA provided guidance on

redesignations in the General Preamble

for the Implementation of the CAA, 57

FR 13498 (April 16, 1992),

supplemented at 57 FR 18070 (April 28,

1992). The primary memorandum

providing further guidance with respect

to section 107(d)(3)(E) is dated